Energy Conservation Program: Final Coverage Determination; Test Procedures for Miscellaneous Refrigeration Products, 46767-46805 [2016-14389]

Download as PDF Vol. 81 Monday, No. 137 July 18, 2016 Part II Department of Energy asabaliauskas on DSK3SPTVN1PROD with RULES 10 CFR Parts 429 and 430 Energy Conservation Program: Final Coverage Determination; Test Procedures for Miscellaneous Refrigeration Products; Final Rule VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18JYR2.SGM 18JYR2 46768 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 429 and 430 [Docket No. EERE–2013–BT–TP–0029 and EERE–2011–BT–DET–0072] RIN 1904–AD44, 1904–AC66, and 1904– AC51 Energy Conservation Program: Final Coverage Determination; Test Procedures for Miscellaneous Refrigeration Products Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. AGENCY: This final rule classifies a variety of refrigeration products that are collectively described as ‘‘miscellaneous refrigeration products’’—i.e., ‘‘MREFs,’’ as a covered product under Part A of Title III of the Energy Policy and Conservation Act (‘‘EPCA’’), as amended. These products include different types of refrigeration devices that include one or more compartments that maintain higher temperatures than typical refrigerator compartments, such as wine chillers and beverage coolers. Additionally, this final rule amends or establishes certain definitions related to these products and establishes test procedures for certain classes of MREFs. These procedures are based an earlier proposal the Department of Energy published on December 16, 2014, along with additional feedback provided as part of a negotiated rulemaking effort focusing on these products. The test procedures follow the same general methodology as those currently in place for refrigerators, refrigerator-freezers, and freezers. Through this rule, the test procedures for MREFs will be codified. This rule also establishes similar clarifying amendments for freezers. DATES: Effective Date: The effective date of this rule is August 17, 2016, except for 10 CFR 429.14(c)(2) and (3), which are stayed indefinitely. DOE will publish a document in the Federal Register announcing the effective date of these provisions. Compliance Date: Except as noted in the definitions for, freezers, refrigerator, and refrigerator-freezers in 10 CFR 430.2, the final rule changes related to the test procedure provisions detailed in this document will be mandatory for representations of energy use starting January 17, 2017. ADDRESSES: The docket, which includes Federal Register documents, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 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-TP0029 or https://www.regulations.gov/ #!docketDetail;D=EERE-2011-BT-DET0072. These Web pages will contain a link to this document on the regulations.gov site. The regulations.gov Web page will contain simple instructions on how to access all documents, including public comments, in the dockets. For further information on how to review the docket, contact Ms. Brenda Edwards at (202) 586–2945 or by email: Brenda.Edwards@ee.doe.gov. FOR FURTHER INFORMATION CONTACT: Joseph Hagerman, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–2J, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202)586–6590 Email: Joseph.Hagerman@ee.doe.gov. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–8145. Email: Michael.Kido@hq.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Authority and Background A. General Rulemaking Authority B. Current Rulemaking Process II. Summary of the Final Rule III. Scope of Coverage IV. Evaluation of Miscellaneous Refrigeration Products as Covered Products A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA B. Energy Use Estimates 1. Coolers 2. Combination Cooler Refrigeration Products 3. Conclusions V. Product Definitions A. Coolers B. Combination Cooler Refrigeration Products C. Refrigerators, Refrigerator Freezers, and Freezers D. General Terms for the Groups of Products Addressed in This Rule VI. Test Procedure Discussion A. Test Procedure Sections and Appendices Addressing the Newly Covered Products B. Elimination of Definition Numbering in the Appendices C. Removal of Provisions for ExternallyVented Products PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 D. Sampling Plans, Certification Reporting, and Measurement/Verification of Volume E. Compartment Definition F. Cooler Compartments 1. Cooler Compartment Standardized Temperature 2. Cooler Compartment Temperature Measurement 3. Cooler Compartments as Special Compartments 4. Temperature Settings and Energy Use Calculations 5. Volume Calculations 6. Convertible Compartments G. Test Procedures for Coolers 1. Ambient Temperature and Usage Factor 2. Light Bulb Energy H. Non-Compressor Refrigeration Products 1. Ambient Temperature for NonCompressor Refrigeration Products 2. Refrigeration System Cycles I. Extrapolation for Refrigeration Products J. Combination Cooler Refrigeration Product Test Procedures 1. Ambient Temperature 2. Usage Factor 3. Temperature Control Settings and Energy Use Calculations K. Incidental Changes to Test Procedure Language To Improve Clarity L. Changes to Volume Measurement and Calculation Instructions M. Removal of Appendices A1 and B1 N. Compliance With Other EPCA Requirements 1. Test Burden 2. Changes in Measured Energy Use 3. Standby and Off Mode Energy Use VII. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under the Information Quality Bulletin for Peer Review M. Review Under Section 32 of the Federal Energy Administration Act of 1974 N. Congressional Notification VIII. Approval of the Office of the Secretary I. Authority and Background A. General Rulemaking Authority Title III of the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6291, et seq.; ‘‘EPCA’’ or, in context, ‘‘the Act’’) sets forth a variety of provisions designed to improve energy efficiency. Part B of title III, which for editorial reasons was redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C. 6291– E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 6309, as codified), establishes the ‘‘Energy Conservation Program for Consumer Products Other Than Automobiles.’’ These products include refrigerators, refrigerator-freezers, and freezers, which are among the subjects of this document. (42 U.S.C. 6292(a)(1)) This document also addresses coolers (e.g., wine coolers) and combination cooler-refrigeration products (i.e., products that include warm compartments such as wine storage compartments in products that otherwise perform the functions of refrigerators, refrigerator-freezers, or freezers). DOE is establishing coverage for these products as MREFs in this document. EPCA specifies a list of covered consumer products that includes refrigerators, refrigerator-freezers, and freezers. Although EPCA did not define any of these products, it specified that the extent of DOE’s coverage would apply to those refrigerator, refrigeratorfreezers, and freezers that can be operated by alternating current (‘‘AC’’) electricity, but excluding those products that are designed to be used without doors, and, separately, those products that do not include a compressor and condenser unit as an integral part of the cabinet assembly. (42 U.S.C. 6292(a)(1)) EPCA did not preclude or otherwise foreclose the possibility that other consumer refrigeration products, such as those consumer refrigeration products addressed in this rulemaking, could also be covered separately if they satisfy certain prerequisites. EPCA, in fact, authorizes the Secretary of Energy to classify additional types of consumer products not otherwise specified in Part A as covered products. For a type of consumer product to be classified as a covered product, the Secretary must determine that: (1) Classifying the product as a covered product is necessary for the purposes of EPCA; and (2) the average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours per year (‘‘kWh/yr’’). (42 U.S.C. 6292(b)(1)). Before prescribing an energy conservation standard for products for which the Secretary has extended regulatory coverage through 42 U.S.C. 6292(b), the Secretary must determine that: (1) The average household energy use of the products has exceeded 150 kWh per household for a 12-month period; (2) the aggregate 12-month energy use of the products has exceeded 4.2 terawatt-hours (‘‘TWh’’); (3) substantial improvement in energy efficiency is technologically feasible; and VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 (4) application of a labeling rule under 42 U.S.C. 6294 is unlikely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) that achieve the maximum energy efficiency that is technologically feasible and economically justified. Any standards that the Secretary sets for products that are covered in this manner must also meet the requirements of 42 U.S.C. 6295(o) and (p). See 42 U.S.C. 6295(l)(1). For those products for which coverage has been established 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 products must use as the basis for (1) certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA, and (2) making representations about the efficiency of those products. Similarly, DOE must use these test procedures to determine whether the products comply with any relevant standards promulgated under EPCA. Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA provides 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. 6293(b)(3)) In addition, if DOE determines that a test procedure amendment is warranted, it must publish proposed test procedures and offer the public an opportunity to present oral and written comments on them. (42 U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE must determine to what extent, if any, the proposed test procedure would alter the measured energy efficiency of any covered product as determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) EPCA further requires that any new or amended DOE test procedure for a covered product integrate measures of standby mode and off mode energy consumption into the overall energy efficiency, energy consumption, or other energy descriptor, unless the current test procedure already incorporates the PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 46769 standby mode and off mode energy consumption or such integration is technically infeasible. If an integrated test procedure is technically infeasible, DOE must prescribe a separate standby mode and off mode energy use test procedure for the covered product, if a separate test is technically feasible. (42 U.S.C. 6295(gg)(2)(A)) B. Current Rulemaking Process On November 8, 2011, DOE published a notice of proposed determination of coverage (‘‘NOPD’’) to address the potential coverage of consumer refrigeration products without compressors in anticipation of a rulemaking to address these and related consumer refrigeration products. 76 FR 69147. On February 23, 2012, DOE began a scoping process to set potential energy conservation standards and test procedures for wine chillers, consumer refrigeration products that operate without compressors, and consumer ice makers by publishing a notice of public meeting, and providing a framework document that addressed potential standards and test procedure rulemakings for these products. 77 FR 7547. On October 31, 2013, DOE published in the Federal Register a supplemental notice of proposed determination of coverage (‘‘2013 SNOPD’’) in which it tentatively determined that MREFs, which at the time included wine chillers, non-compressor refrigeration products, hybrid products (i.e., refrigeration products that combine a wine chiller with a refrigerator and/or freezer), and consumer ice makers, would likely satisfy the provisions of 42 U.S.C. 6292(b)(1). 78 FR 65223. DOE published a notice of public meeting that also announced the availability of a preliminary technical support document (‘‘TSD’’) for MREFs on December 3, 2014 (‘‘Preliminary Analysis’’). 79 FR 71705. This Preliminary Analysis considered potential standards for those products DOE proposed to cover in its 2013 SNOPD. DOE held a public meeting to discuss and receive comments on the Preliminary Analysis, which covered the analytical framework, models, and tools that DOE used to evaluate potential standards; the results of preliminary analyses performed by DOE for these products; the potential energy conservation standard levels derived from these analyses that DOE had been considering consistent with its obligations under EPCA; and all other issues raised relevant to the development of energy conservation E:\FR\FM\18JYR2.SGM 18JYR2 46770 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations standards for the different categories of MREFs. DOE also published a test procedure NOPR on December 16, 2014 (‘‘Test Procedure NOPR’’), proposing definitions and test procedures for MREFs, including the product categories addressed in the 2013 SNOPD. See 79 FR 74894. The proposed test procedures, which would be included at title 10 of the CFR, part 430, subpart B, appendix A (’’appendix A’’), detailed how to measure MREF energy efficiency, energy use, and estimated annual operating cost during a representative average use period. In DOE’s view, the procedure would, consistent with 42 U.S.C. 6293(b)(3), not be unduly burdensome to conduct. After reviewing the comments received in response to both the Preliminary Analysis and the Test Procedure NOPR, DOE ultimately determined that its efforts at developing test procedures and potential energy conservation standards for these products would benefit from the direct and comprehensive input provided through the negotiated rulemaking process. On April 1, 2015, DOE published a notice of intent to establish a Working Group under the Appliance Standards and Rulemaking Federal Advisory Committee (‘‘ASRAC’’) that would use the negotiated rulemaking process to discuss and, if possible, reach consensus recommendations on the scope of coverage, definitions, test procedures, and energy conservation standards for MREFs. 80 FR 17355. Subsequently, DOE formed a Miscellaneous Refrigeration Products Working Group (‘‘MREF Working Group’’ or, in context, ‘‘the Working Group’’) to address these issues. The Working Group consisted of 15 members, including two members from ASRAC and one DOE representative. Table I.1 summarizes the MREF Working Group members. The MREF Working Group met in-person during six sets of meetings held in 2015 on May 4–5, June 11–12, July 15–16, August 11– 12, September 16–17, and October 20. TABLE I.1—MREF WORKING GROUP MEMBERS Organization type Earthjustice ................................................................................................................... GE ................................................................................................................................ AHAM ........................................................................................................................... Traulsen ........................................................................................................................ Department of Energy .................................................................................................. True Manufacturing ...................................................................................................... Southern California Edison ........................................................................................... U-Line Corporation ....................................................................................................... Appliance Standards Awareness Project ..................................................................... Whirlpool Corporation ................................................................................................... Haier America ............................................................................................................... Mile High Equipment LLC ............................................................................................ Scotsman Ice Systems ................................................................................................. Hoshizaki America, Inc. ................................................................................................ Sub-Zero Group, Inc. ................................................................................................... asabaliauskas on DSK3SPTVN1PROD with RULES Represented organization Efficiency Organization ............................. Manufacturer ............................................ Trade Association ..................................... Manufacturer ............................................ Government .............................................. Manufacturer ............................................ Utility ......................................................... Manufacturer ............................................ Efficiency Organization ............................. Manufacturer ............................................ Manufacturer ............................................ Manufacturer ............................................ Manufacturer ............................................ Manufacturer ............................................ Manufacturer ............................................ On August 11, 2015, the MREF Working Group reached consensus on a term sheet that recommended the relevant scope of coverage, definitions, and test procedures for MREFs. See public docket EERE–2011–BT–STD– 0043–0113 (‘‘Term Sheet #1’’). On October 20, 2015, the MREF Working Group reached consensus on a term sheet to recommend energy conservation standards for coolers and combination cooler refrigeration products. See public docket EERE– 2011–BT–STD–0043–0111 (‘‘Term Sheet #2’’). ASRAC approved both term sheets during separate public meetings on December 18, 2015, and January 20, 2016, and sent them to the Secretary of Energy for further consideration. Although many of the MREF Working Group members commented on topics related to MREF coverage, definitions, and the test procedure in response to the Test Procedure NOPR, the Working Group members further discussed these concerns during the MREF Working Group meetings. As a result of these discussions, many Working Group VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 members adjusted their positions from the comments initially submitted in response to the Test Procedure NOPR. Consequently, DOE’s discussion in this document reflects the latest views of these Working Group members. These views are contained in summaries of the Working Group discussions and recommendations in the relevant sections of this document. On March 4, 2016, DOE published a SNOPD proposing a scope of coverage and definitions for MREFs consistent with the recommendations of the MREF Working Group (‘‘2016 SNOPD’’). See 81 FR 11454. That document proposed that coolers and combination cooler refrigeration products would be considered covered products under EPCA, as well as definitions for these product categories and additional subcategories. DOE received comments in response to the 2016 SNOPD, but none that would alter its proposed determination; therefore, DOE is classifying MREFs as a covered product in this final rule. Specific comments received in response to the 2016 SNOPD PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 ASRAC member No. No. Yes. No. No. Yes. No. No. No. No. No. No. No. No. No. are discussed in the relevant sections of this document. II. Summary of the Final Rule DOE has determined that MREFs, the definition of which DOE is adding to 10 CFR 430.2 and discusses in this notice, meet the statutory requirements under 42 U.S.C. 6292(b)(1), and is classifying them as a covered product. DOE has also determined that MREFs satisfy at least two of the four criteria required under EPCA in order for the Secretary to set standards for a product whose coverage is added pursuant to 42 U.S.C. 6292(b). DOE will determine if MREFs satisfy the other two provisions of 42 U.S.C. 6295(l)(1) during the course of the energy conservation standards rulemaking.1 In addition to establishing coverage over MREFs and determining that these products satisfy the necessary criteria under 42 U.S.C. 6295(l) for DOE to set energy conservation standards for them, 1 On www.regulations.gov, see docket ID EERE– 2011–BT–STD–0043 for information regarding the energy conservation standards rulemaking. E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations this rule establishes test procedures for MREFs and establishes or clarifies a number of definitions necessary to identify and distinguish MREFs from other currently covered products. MREFs include coolers (e.g., wine chillers) and combination cooler refrigeration products (i.e., products that include at least one warm-temperature compartment combined with a fresh food and/or freezer compartment). Although the 2013 SNOPD and the Test Procedure NOPR proposed coverage and testing provisions, respectively, for noncompressor refrigerators and ice makers, this final rule does not establish coverage or test procedures for these products. With respect to the definitions addressed in this document, DOE is finalizing a series of definitions for consumer refrigeration products generally consistent with those proposed in the 2016 SNOPD. Accordingly, this final rule establishes or revises definitions for a variety of terms to help ensure their compatibility with the changes introduced by the coverage of MREFs and to clarify their application to MREFs and other currently regulated refrigeration products (i.e., refrigerators, refrigeratorfreezers, and freezers). This final rule also moves the ‘‘all-refrigerator’’ definition from its current location in appendix A to 10 CFR 430.2, establishes a definition for ‘‘cooler-all-refrigerator’’ in 10 CFR 430.2, establishes a definition for ‘‘cooler compartment’’ in appendix A, and revises the existing ‘‘special compartment’’ definition in appendix A. This final rule also establishes test procedures for coolers that address testing set-up, temperature control adjustment, volume measurements, energy use measurements, and calculations. These test procedures are similar to the test procedures in appendix A for refrigerators, but apply a different compartment standardized temperature (55 degrees Fahrenheit (°F) instead of 39 °F for refrigerators) and usage adjustment factor (0.55 instead of 1.0 for refrigerators). These differences reflect the different consumer use for coolers as compared to refrigerators. Additionally, this final rule also establishes test procedures for combination cooler refrigeration products that take effect on the compliance date of any energy conservation standards established for combination cooler refrigeration products. Until that date, combination cooler refrigeration products are required to comply with the existing refrigerator, refrigerator-freezer, and freezer energy conservation standards based on testing according to the VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 relevant test procedure waivers. The test procedures established in this final rule include temperature settings, volume measurements and calculations, and measuring and calculating energy use for these products. Similar to the test procedures established for coolers, cooler compartments within combination cooler refrigeration products are tested to a standardized compartment temperature of 55 °F with a usage adjustment factor of 0.55. In addition, DOE is establishing a new section, 10 CFR 430.23(dd), to include the test procedures for coolers and combination cooler refrigeration products. All of the detailed provisions for testing these products are incorporated in appendix A. Although coolers and combination cooler refrigeration products are covered separately from refrigerators and refrigerator-freezers, there are many similarities among these products that warrant similar test methods. Therefore, DOE is amending appendix A to incorporate testing provisions for coolers and combination cooler refrigeration products rather than establishing a separate appendix for them. However, as described in the previous paragraph, the testing provisions for combination cooler refrigeration products do not take effect until the compliance date of MREF energy conservation standards. Test methods for freezers continue to be found at 10 CFR part 430, appendix B (‘‘appendix B’’), which DOE is not amending for testing MREFs. However, DOE is amending appendix B to incorporate additional clarifications to the test procedure consistent with the changes being made to appendix A in this final rule. The amendments to appendix A established in this final rule primarily reflect the proposals from the Test Procedure NOPR. However, DOE has revised parts of the Test Procedure NOPR proposal based on feedback from the MREF Working Group.2 The MREF Working Group recommended test procedures are found in Term Sheet #1 (see p. 2). In addition to the specific MREF test procedures in this final rule, DOE is also amending the test procedures to: (1) Address minor technical corrections needed in appendices A and B; (2) improve testing clarity; (3) incorporate volume measurement guidance; (4) remove provisions for externally-vented products; (5) introduce rounding requirements; and (6) remove the for example, the intermediate drafts at documents 59 and 68 in docket ID EERE–2011–BT– STD–0043 on www.regulations.gov. PO 00000 2 See, Frm 00005 Fmt 4701 Sfmt 4700 46771 previous (and obsolete) test procedures found at 10 CFR part 430, subpart B, appendix A1 and appendix B1. When amending a test procedure, DOE typically determines the extent to which its proposal would alter the measured energy efficiency of any covered product as determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) DOE notes that DOE has not yet established energy conservation standards for the products that are the focus of this rule (i.e., coolers and combination cooler refrigeration products). Hence, there would be no change in measured energy efficiency by an amendment to a test procedure. For currently covered consumer refrigeration products (refrigerators, refrigerator-freezers, and freezers), the clarifying amendments to appendices A and B established in this final rule would not result in a change in measured energy use compared to the existing test procedures. DOE notes that certain combination cooler refrigeration products, according to the definitions established in this rule, are currently certified for compliance with the existing refrigerator, refrigerator-freezer, and freezer energy conservation standards based on testing according to test procedure waivers.3 To ensure that these products continue to satisfy a minimum level of energy efficiency, these products would continue to be treated as refrigerators, refrigeratorfreezers, or freezers (as applicable) until the compliance date of energy conservation standards established for MREFs. On that date, these products would no longer be within the scope of the definitions of refrigerators, refrigerator-freezers, or freezers, and would only be subject to the relevant MREF test procedures and standards. Accordingly, they would no longer be required to comply with the existing refrigerator, refrigerator-freezer, or freezer regulations, and any granted waivers or interim waivers would no longer apply. For coolers, manufacturers may, on a voluntary basis, make representations of energy use starting on August 17, 2016 according to the provisions in appendix A established in this final rule. For combination cooler refrigeration products, manufacturers must use the test procedures in appendix A for all representations of energy use on or after the compliance date of any energy conservation standards for these 3 See, for example, the interim waiver granted to Panasonic Appliances Refrigeration Systems Corporation of America (PAPRSA) on January 26, 2016. 81 FR 4270. E:\FR\FM\18JYR2.SGM 18JYR2 46772 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations products. For all other miscellaneous refrigeration products (e.g., coolers), manufacturers must use the test procedures in appendix A for all representations of energy use on or after January 17, 2017. Table II.1 describes the amendments proposed in the Test Procedure NOPR and the final amendments established in this final rule. TABLE II.1—SUMMARY OF PROPOSED CHANGES AND AFFECTED SECTIONS OF 10 CFR Affected sections NOPR proposal Final rule action Part 429 § 429.14 ....................... § 429.61 ....................... § 429.72 ....................... § 429.134 ..................... Revise section header, clarify volume determinations, introduce rounding requirements, clarify product category determinations. Establish sampling plan, certification report requirements, rounding requirements, and product category determinations for MREFs. Allow for use of computer-aided design models to determine MREF volumes. Update refrigerator, refrigerator-freezer, and freezer provisions to include rounding requirements; establish enforcement provisions for MREFs. Finalized as proposed with additional clarifications, except product category determination would be based on operation in a 90 °F ambient temperature. Finalized sampling plan, certification report, and rounding requirements with additional clarifications; revised product category determination based on operation in a 90 °F ambient temperature. Finalized as proposed. Finalized as proposed. Part 430 § 430.2 ......................... Establish product definitions for MREFs and amend existing refrigerator, refrigerator-freezer, and freezer definitions for similar structure. § 430.3 ......................... § 430.23 ....................... Remove reference to outdated industry standard ............... Modify test procedures sections to address the amendments to the refrigerator, refrigerator-freezer, and freezer appendices; insert new section to address MREFs and clarify application of appendices to products without vapor-compression refrigeration systems. Finalized as proposed with updates to definitions and coverage as recommended by the MREF Working Group; clarified timing between refrigerator, refrigerator-freezer, and freezer and combination cooler refrigeration product definitions (formerly hybrid refrigeration products). Finalized as proposed. Finalized as proposed for sections (a) and (b); section (dd) finalized as proposed with updates to reflect revised scope of coverage. Part 430, Subpart B, Appendix A 1. Definitions ............... Include ‘‘cellar compartment’’ definition ............................... Establish definition for ‘‘compartment’’ ................................ Add ‘‘multiple refrigeration system product’’ definition ........ No specific proposal ............................................................ 2. Test Conditions ....... 3. Test Control Settings. 4. Test Period ............. 5. Test Measurements asabaliauskas on DSK3SPTVN1PROD with RULES 6. Calculations ............ Establish test conditions for MREFs consistent with existing refrigerator and refrigerator-freezer requirements, except for testing in a 72 °F ambient for non-compressor coolers. Add a standardized cooler compartment temperature of 55 °F and otherwise follow existing control settings requirements. No proposal ......................................................................... Measure temperatures for MREFs consistent with existing appendix A requirements. Establish usage factors of 0.55 for vapor-compression coolers, 1.2 for non-compressor coolers, 0.85 for combination cooler refrigeration products. Incorporate MREFs into existing requirements ................... Include volume adjustment factor of 0.69 for cooler compartments in combination cooler refrigeration products. Incorporate MREFs into existing calculations based on 55 °F standardized cooler compartment temperature. Remove provisions for externally-vented products ............. Updated to ‘‘cooler compartment’’ and incorporated MREF Working Group feedback. Excluded from final amendments. Finalized as proposed. Added clarification to ‘‘special compartment’’ definition per feedback from the MREF Working Group and related recommendation. Finalized as proposed except that all ambient temperatures for testing shall be 90 °F. Finalized as proposed. Inserted missing Figure 1 and updated language to general compartment references (to include cooler compartments). Finalized as proposed. Established 0.55 usage factor for all MREFs. Finalized as proposed. Volume adjustment factor of 1.0 for all cooler compartments. Finalized as proposed. Finalized as proposed. Part 430, Subpart B, Appendices A and B 1. Definitions ............... 2. Test Conditions ....... VerDate Sep<11>2014 Eliminate definition numbering ............................................ Clarify movable subdividing barrier positions ...................... 18:32 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 Finalized as proposed. Finalized as proposed. E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46773 TABLE II.1—SUMMARY OF PROPOSED CHANGES AND AFFECTED SECTIONS OF 10 CFR—Continued Affected sections NOPR proposal Final rule action 3. Test Control Settings. Use extrapolation approach for compartments unable to maintain standardized temperatures. 5. Test Measurements Clarify temperature measurement requirements ................. Incorporate volume measurement guidance ....................... Include volume rounding requirements ............................... No energy use rating for models unable to maintain standardized temperatures (would require a manufacturer to seek and justify an application for a test procedure waiver). Finalized as proposed. Finalized as proposed. Finalized as proposed, with note that rounding is not required for refrigerators, refrigerator-freezers, and freezers until the compliance date of any amended energy conservation standards for those products. Finalized as proposed. 5 and 6 ........................ 6. Calculations ............ 7. Test Procedure Waivers. Refer to different temperature setting tests as ‘‘tests’’ rather than ‘‘test periods’’. Revise text to general terms that would include MREFs .... Finalized as proposed. Part 430, Subpart B, Appendices A1 and B1 asabaliauskas on DSK3SPTVN1PROD with RULES Remove obsolete appendices ............................................. III. Scope of Coverage In response to the feedback received from interested parties on the Preliminary Analysis and Test Procedure NOPR, the MREF Working Group was tasked with recommending a scope of coverage for MREFs. To this end, the Working Group’s Term Sheet #1 recommended that DOE not include two product categories for which it had proposed coverage in the 2013 SNOPD (and for which DOE proposed test procedures in the Test Procedure NOPR): Non-compressor refrigerators and icemakers. See Term Sheet #1. DOE proposed in the 2016 SNOPD that MREF coverage would apply only to coolers and combination cooler refrigeration products, consistent with the MREF Working Group recommendation, and proposed definitions for these product categories. DOE agreed with Working Group members that consumer ice makers are significantly different from the other product categories considered for coverage under MREFs, and, therefore, proposed to exclude them from MREF coverage. Additionally, DOE did not propose a separate product category for non-compressor refrigerators because it was not aware of any such products available on the market. See 81 FR 11454, 11456. The Appliance Standards Awareness Project (‘‘ASAP’’) and Earthjustice (jointly referred to as ‘‘Joint Commenters’’); Pacific Gas and Electric Company (‘‘PG&E’’), Southern California Gas Company (‘‘SCGC’’), Southern California Edison (‘‘SCE’’), and San Diego Gas and Electric Company (‘‘SDG&E’’) (jointly referred to as the ‘‘California Investor-Owned Utilities (IOUs)’’); and the Association of Home Appliance Manufacturers (‘‘AHAM’’) VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 Finalized as proposed. agreed with DOE’s proposed scope of coverage for MREFs, which included coolers and combination cooler refrigeration products, but excluded ice makers. (Joint Commenters, No. 23 at p. 1; California IOUs, No. 25 at p. 1; AHAM, No. 24 at p. 2) 4 Because interested parties supported the 2016 SNOPD’s proposed scope of coverage, DOE is establishing that MREFs be defined as consumer refrigeration products other than refrigerators, refrigerator-freezers, or freezers, and which include coolers and combination cooler refrigeration products, as discussed further in this document. IV. Evaluation of Miscellaneous Refrigeration Products as Covered Products In order for MREFs to be classified as a covered product, they are required to satisfy certain statutory criteria. As stated earlier in this notice, DOE may classify a consumer product as a covered product if (1) classifying products of such type as covered products is necessary and appropriate to carry out the purposes of EPCA; and (2) the average annual per household energy use by products of such type is likely to exceed 100 kWh (or its Btu equivalent) per year. (42 U.S.C. 6292(b)(1)) 4 A notation in the form ‘‘Joint Commenters, No. 23 at p. 1’’ identifies a written comment: (1) Made by the Joint Commenters; (2) recorded in document number 23 that is filed in the coverage determination docket (Docket No. EERE–2011–BT– DET–0072) and available for review at www.regulations.gov; and (3) which appears on page 1 of document number 23. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA In this document, DOE has determined that the coverage of MREFs is both necessary and appropriate to carry out the purposes of EPCA. MREFs, which comprise a small but significant and growing sector of the consumer refrigeration market, consume energy generated from limited energy supplies and regulating their energy efficiency would be likely to help conserve these limited energy supplies. As a coverage determination is a prerequisite to establishing standards for these products, classifying MREFs as a covered product is clearly necessary and appropriate to carry out EPCA’s purposes to: (1) Conserve energy supplies through energy conservation programs; and (2) provide for improved energy efficiency of major appliances and certain other consumer products. (42 U.S.C. 6201) B. Energy Use Estimates In the 2016 SNOPD, DOE estimated the average household energy use for MREFs—coolers and combination cooler refrigeration products. Because these products were included in the proposed definition of ‘‘miscellaneous refrigeration products,’’ their estimated average household energy use provides a conservative estimate of whether the average annual per-household energy use of MREFs exceeds 100 kWh/yr, as required for coverage under EPCA. DOE presented these results and a detailed discussion of the methodology used for the analysis in Section IV.B of the 2016 SNOPD. 81 FR at 11456–11457. 1. Coolers DOE used market data, engineering models, and manufacturer feedback E:\FR\FM\18JYR2.SGM 18JYR2 46774 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations received under non-disclosure agreements and during the MREF Working Group meetings to estimate average household energy use for coolers. In the 2016 SNOPD, DOE organized the analysis for consistency with the scope of coverage and product definitions recommended by the MREF Working Group. The cooler definition proposed in the 2016 SNOPD would incorporate products, regardless of refrigeration system, under the same definition. Additionally, DOE proposed four product categories within the cooler definition based on refrigerated volume and installation configuration. The analysis conducted for the 2016 SNOPD separated coolers into these four product categories. 81 FR at 11456– 11457. Table IV.1 shows the estimated annual energy use for each category of cooler analyzed in the 2016 SNOPD. DOE found that across all cooler categories, coolers have an average lifetime of over 10 years and an average annual energy consumption of 440 kWh per household. Id. TABLE IV.1—2016 SNOPD COOLERS ESTIMATED ANNUAL ENERGY USE Product type Totals or averages Units Compact FS * Average Energy Consumption (per unit). Stock .................................................. National Energy Consumption ........... Average Lifetime ................................ Annual Sales ...................................... Saturation ........................................... Compact BI * FS * BI * kWh/yr ................. 450 250 370 340 440 Units, 2014 .......... TWh/yr ................. Years ................... Units, 2014 .......... % ......................... 14,500,000 6.5 10.3 1,400,000 12.6 55,000 0.014 10.3 5,400 0.05 610,000 0.23 17.4 35,000 0.5 120,000 0.042 17.4 7,100 0.1 15,300,000 6.8 10.6 1,460,000 * FS = Freestanding, BI = Built-in. DOE received no comments on the methodology or analysis used in the 2016 SNOPD to estimate cooler energy use. Therefore, DOE has maintained the cooler analysis as presented in the 2016 SNOPD and in Table IV.1 for this final determination. 2. Combination Cooler Refrigeration Products DOE used market data, engineering models, and manufacturer feedback received under non-disclosure agreements and during the MREF Working Group meetings to estimate average household energy use for combination cooler refrigeration products. Similar to the updated coolers analysis, DOE revised its combination cooler refrigeration product analysis in the 2016 SNOPD to be consistent with the scope of coverage and product definitions recommended by the MREF Working Group. For example, the definition of combination cooler refrigeration product proposed in the 2016 SNOPD removed the 50-percent cooler compartment volume requirement originally proposed in the 2013 SNOPD. DOE also updated its estimates of annual shipments, product lifetimes, and energy consumption per unit for these products based on manufacturer feedback, recommendations from the MREF Working Group, and more recent product information. 81 FR at 11457. Table IV.2 shows the estimated annual energy use for each category of combination cooler refrigeration product analyzed in the 2016 SNOPD. DOE found that across all categories, combination cooler refrigeration products have an average lifetime of 12.6 years and an average annual energy consumption of 222 kWh per household. Id. TABLE IV.2—2016 SNOPD COMBINATION COOLER REFRIGERATION PRODUCTS ANNUAL ENERGY USE Product type * Units C3A–BI Average Energy Consumption (per unit). Stock .................................................. National Energy Consumption ........... Average Lifetime ................................ Annual Sales ...................................... Saturation ........................................... C9–BI C13A C13A–BI Totals or averages kWh/yr ................. 210 280 210 220 220 Units, 2014 .......... TWh/yr ................. Years ................... Units, 2014 .......... .............................. 70,000 0.015 17.4 4,000 0.06% 70,000 0.019 17.4 4,000 0.06% 160,000 0.035 10.3 16,000 0.14% 120,000 0.027 10.3 12,000 0.11% 430,000 0.095 12.6 36,000 ........................ asabaliauskas on DSK3SPTVN1PROD with RULES * Product types for combination cooler refrigeration products are based on the product class of refrigerator, refrigerator-freezer, or freezer that the product would be categorized under if it did not have a cooler compartment. DOE received no comments on the methodology or analysis used in the 2016 SNOPD to estimate combination cooler refrigeration product energy use. Therefore, DOE has maintained the combination cooler refrigeration product analysis as presented in the 2016 SNOPD and in Table IV.2 for this final determination. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 3. Conclusions Based on the evaluations summarized in Tables IV.1 and IV.2, the MREF categories examined by DOE consume significantly more than 100 kWh annually, which led DOE to tentatively determine in the 2016 SNOPD that these products would satisfy the average annual per household energy use PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 threshold set by EPCA to classify a product as covered. 81 FR at 11457. In response to the 2016 SNOPD, the Joint Commenters and California IOUs agreed with DOE’s tentative determination that MREFs satisfy the energy consumption criteria for coverage under EPCA. (Joint Commenters, No. 23 at p. 1; California IOUs, No. 25 at p. 2) DOE received no E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES comments challenging its tentative determination. Based upon its evaluations of coolers and combination cooler refrigeration products, which DOE has not changed since the 2016 SNOPD analysis, DOE has determined that these products, on average, are likely to exceed the 100 kWh/yr threshold set by EPCA to classify a product as covered. Moreover, DOE has determined that MREFs, on average, consume more than 150 kWh/ yr, and that the aggregate annual national energy use of these products exceeds 4.2 TWh. Accordingly, these data indicate that MREFs satisfy at least two of the four criteria required under EPCA in order for the Secretary to set standards for a product whose coverage is added pursuant to 42 U.S.C. 6292(b). See 42 U.S.C. 6295(l)(1)(A)–(D). V. Product Definitions Consistent with the scope of coverage outlined in the 2013 SNOPD, the Test Procedure NOPR proposed definitions for the following four product categories that DOE indicated would be considered as MREFs: Cooled cabinets, noncompressor refrigerators, hybrid refrigerators, and ice makers. See 79 FR at 74899–74904. The MREF Working Group subsequently discussed how and whether to define the various terms related to MREFs. The Working Group ultimately reached a consensus that is reflected in Term Sheet #1’s recommendations, which included dropping DOE’s proposed definitions for non-compressor refrigerators and ice makers, updating the terms used to describe the covered MREF product categories based on the discussions and analyses conducted during the Working Group meetings, revising the proposed MREF product definitions, and amending the existing definitions for refrigerators, refrigerator-freezers, and freezers to ensure consistency with the recommended MREF definitions. See Term Sheet #1. Consistent with these recommendations, the 2016 SNOPD contained proposals for new and amended definitions that would be added to 10 CFR 430.2. DOE proposed new definitions to clearly delineate which products would fall within the MREF scope of coverage and to define the individual product categories comprising MREFs. DOE also proposed similar conforming amendments to the existing definitions for refrigerators, refrigerator-freezers, and freezers for consistency with the proposed MREF definitions. The proposed amendments were intended to eliminate confusion with the proposed MREF definitions, VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 and would not affect the scope of coverage under the existing refrigerator, refrigerator-freezer, and freezer definitions, other than for those products that would fall under the combination cooler refrigeration products category. The proposed definitions generally followed the MREF Working Group recommendations with minor revisions to improve clarity. 81 FR at 11457–11461. In response to the 2016 SNOPD, the Joint Commenters supported the proposed product definitions. (Joint Commenters, No. 23 at pp. 1–2) The California IOUs also stated that DOE should adopt the definitions from Term Sheet #1 to clearly delineate MREF products from those that are already considered covered products. (California IOUs, No. 25 at p. 2) Industry representatives raised specific concerns regarding particular aspects of the various definitions that DOE proposed. Those specific concerns are addressed in the sections that follow. As described in section III of this notice, DOE is maintaining the scope of coverage for MREFs as proposed in the 2016 SNOPD. Therefore, DOE is establishing definitions for the same terms as proposed in the 2016 SNOPD. The following sections describe each of the new or amended definitions. A. Coolers In the 2016 SNOPD, DOE proposed to define the term ‘‘cooler’’ using the definition for ‘‘cooled cabinet’’ proposed in the Test Procedure NOPR as a starting point and updated to reflect the Working Group’s recommendations (see Term Sheet #1). DOE proposed to define a ‘‘cooler’’ as a cabinet, used with one or more doors, that has a source of refrigeration capable of operating on single-phase, alternating current and is capable of maintaining compartment temperatures either no lower than 39 °F, or in a range that extends no lower than 37 °F but at least as high as 60 °F. The proposal also clarified that these compartment temperatures would be determined in a 90 °F ambient temperature. 81 FR at 11458–11459. The California IOUs supported a definition for coolers that would not differentiate compressor-based coolers from non-compressor coolers. (California IOUs, No. 25 at p. 2) AHAM commented that DOE should retain the language excluding products ‘‘designed to be used without doors’’ in the regulatory text, consistent with the wording included in the statutory language in 42 U.S.C. 6292(a)(1) and agreed upon by the MREF Working Group. (AHAM, No. 24 at pp. 3–4) PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 46775 DOE notes that the term sheet expressly indicated that the definitions were in draft form and would be subject to further revision and modification. See Term Sheet #1, Appendix 2. This provision, which was presented in the beginning of the appendix in boldfacedtype, indicated that some modifications to these definitions were possible to enable DOE to ensure the clarity and consistency of its regulations. In DOE’s view, the proposed revisions to the Working Group’s text would more clearly define the contours of what a ‘‘cooler’’ is. Specifically, by including the phrase ‘‘used with one or more doors,’’ the definition states that a product must have at least one door in order to fall into the category. This phrasing, in addition to being clearer and more direct, accomplishes the same purpose as the language referenced by AHAM. Additionally, the revised text does not require a subjective determination as to the intent of a product’s design. If a product is used with one or more doors, it would be considered a cooler regardless of the design intent. Therefore, DOE is maintaining the language of ‘‘used with one or more doors’’ in the cooler definition as well as the combination cooler refrigeration product category definitions established in this final rule. AHAM also expressed concern that the proposed definitions state that compartment temperatures would be ‘‘as determined according to the provisions in § 429.61(d)(2) [proposed at 79 FR 74894 (December 16, 2014)],’’ which included a 72 °F ambient temperature for determining compartment temperatures. AHAM commented that DOE likely did not intend to suggest that it will finalize a rule that includes a 72 °F ambient temperature and that, instead, DOE plans to finalize a rule that will include a 90 °F ambient temperature in § 429.61(d)(2). AHAM stated that its support of the definitions containing that reference is contingent on that assumption, as it would strongly object to a 72 °F ambient temperature. (AHAM, No. 24 at p. 3) As noted in the Preamble of the 2016 SNOPD, DOE agreed with the MREF Working Group recommendation that compartment temperatures be determined in a 90 °F ambient temperature. 81 FR 11454, 11458. The requirements in § 429.61(d)(2) reference the MREF test procedure temperature measurements. In this final rule, DOE is establishing that compartment temperatures are determined in the test procedure in a 90 °F ambient temperature. Therefore, the definitions with references to § 429.61(d)(2) refer to operation in a 90 E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES 46776 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations °F ambient temperature, as AHAM supported. Liebherr Canada Ltd. (‘‘Liebherr’’) stated that it manufactures a humidor product for storing cigars that operates at storage temperatures between 61 °F and 68 °F, and that the product was designed exclusively for the storage of tobacco products in an optimal humidity condition. Although the proposed cooler definition did not refer to the storage of wine and other beverages, Liebherr noted that this phrase was included in the cooler compartment definition in Term Sheet #1. Liebherr commented that products such as its humidor should be excluded from coverage because they are not intended for cooling food or beverages and because they cannot maintain a 55 °F storage temperature. Liebherr suggested DOE implement a revised cooler definition that would require the product to be capable of maintaining a 55 °F storage temperature, noting that this requirement would not exclude any of the beverage center or wine cooler appliances as customers would not accept beverages as warm as or warmer than 55 °F. Additionally, Liebherr stated that including products that cannot reach 55 °F storage temperature would create excessive burden, as manufacturers would be required to obtain test procedure waivers for those products. (Liebherr, No. 21 at pp. 2–3) In the 2016 SNOPD, DOE proposed a cooler definition that did not include the requirement that the product be designed for the storage of wine and other beverages to limit potential circumvention. By relying on quantifiable characteristics, such as compartment temperature, the proposed definition would allow a third-party to verify a product’s appropriate classification without knowledge of the manufacturer’s design intent. For that reason, DOE is not including reference to the storage of food or beverages in the cooler definition established in this final rule. DOE also considered including the requirement that a product be able to maintain a 55 °F storage temperature in its cooler definition. However, as described in the Preliminary Analysis, DOE is aware of many products marketed for the storage of food and beverages that are not able to maintain 55 °F compartment temperatures when tested in a 90 °F ambient temperature. See chapter 3 of the preliminary TSD. Accordingly, including a 55 °F compartment temperature requirement in the cooler definition would exclude such products from being considered coolers subject to test procedures or any subsequent energy conservation VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 standards. To avoid excluding these products from coverage, DOE is not including a 55 °F compartment temperature requirement in the cooler definition. Because humidors such as the one identified in the Liebherr comment meet the definition for cooler, they would be subject to DOE’s cooler test procedures and any energy conservation standards for coolers. For products that cannot maintain the standardized compartment temperatures required in the test procedure, manufacturers would have to apply for test procedure waivers according to 10 CFR 430.27 to establish an acceptable test procedure for each such product. For the reasons explained above, DOE is adopting, without modifications, the definition of ‘‘cooler’’ proposed in the 2016 SNOPD. The 2016 SNOPD also contained a proposal to provide additional definitions for four subcategories within the cooler definition based on refrigerated volume and configuration, consistent with the same requirements and definitions currently in place for refrigerators, refrigerator-freezers, and freezers. DOE proposed four categories of coolers: Freestanding coolers, freestanding compact coolers, built-in coolers, and built-in compact coolers. 81 FR at 11459. DOE did not receive any comments opposing these proposed cooler product categories proposed in 2016 SNOPD. Therefore, DOE is adopting its proposed definitions for these four product categories. B. Combination Cooler Refrigeration Products In the 2016 SNOPD, DOE proposed to define terms for combination cooler refrigeration products consistent with the MREF Working Group recommendations in Term Sheet #1, including ‘‘cooler-refrigerator,’’ ‘‘coolerrefrigerator-freezer,’’ and ‘‘coolerfreezer.’’ The proposed definitions addressed products that combine warmtemperature compartments, referred to as cooler compartments, with a fresh food and/or freezer compartment. Additionally, the proposed definitions did not require that the cooler compartment make up at least 50 percent of the product’s total refrigerated volume, as initially proposed in the definition for ‘‘hybrid refrigeration product’’ in the Test Procedure NOPR. Similar to the cooler definitions proposed in the 2016 SNOPD, the proposed combination cooler refrigeration product definitions included the requirements that the products be used with one or more doors, operate using single-phase, alternating current electric energy input, PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 and maintain compartment temperatures as determined in a 90 °F ambient temperature. 81 FR at 11459. The California IOUs supported the adoption of combination cooler refrigeration product definitions that would not exclude non-compressor products from coverage. (California IOUs, No. 25 at p. 2) Consistent with its proposal, DOE’s definitions for combination cooler refrigeration products do not exclude noncompressor products. Similar to the discussion for coolers in section V.A of this rulemaking, AHAM questioned DOE’s proposal to include language in each of the combination cooler refrigeration product definitions specifying the use of one or more doors as well as the proposal that compartment temperatures be determined according to § 429.61(d)(2). (AHAM, No. 24 at pp. 3–4) For the reasons discussed in section V.A of this rulemaking, DOE is adopting the phrase ‘‘used with one or more doors’’ for each of the combination cooler refrigeration product definitions, as proposed in the 2016 SNOPD, and is establishing in this final rule that the provisions in § 429.61(d)(2) refer to testing in a 90 °F ambient temperature. Additionally, AHAM and Sub Zero Group, Inc. (‘‘Sub Zero’’) separately objected to DOE’s proposal to remove references to 8 °F that were contained in the definitions for cooler-refrigerator and cooler-refrigerator-freezer. (AHAM, No. 24 at pp. 2–3; Sub Zero, No. 22 at pp. 1–2) DOE proposed definitions for combination cooler refrigeration products that were consistent with the definitions proposed for the non-MREF product types (refrigerators, refrigeratorfreezers, and freezers), but with the requirement that they include a cooler compartment. As discussed elsewhere in this document, DOE determined that the proposed temperature updates in the refrigerator and refrigerator-freezer definitions are not necessary to differentiate the existing product definitions from the new MREF definitions. Therefore, DOE is revising its 2016 SNOPD proposal and establishing the original reference to 8 °F in the definitions for refrigerator and refrigerator-freezer. For consistency, DOE is also establishing 8 °F as the reference temperature in the definitions for cooler-refrigerator and coolerrefrigerator-freezer. AHAM also noted that the 2016 SNOPD did not consistently revise the Celsius temperature references associated with the proposed change from 8 °F to 0 °F. (AHAM, No. 24 at p. 3) DOE has revised the definitions proposed in the 2016 SNOPD as E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations described in the previous paragraph, and has incorporated the correct Celsius temperature references in this final rule. As discussed in section V.C of this document, DOE is amending the relevant refrigerator definitions to exclude products that operate within the temperature ranges used to define coolers. This revision would avoid the possibility that a product could be considered both a cooler and a refrigerator. The relevant combination cooler refrigeration product definitions use similar language in describing the non-cooler compartments which will help avoid potential overlapping definitions. Other than these temperature-related changes, DOE is establishing the coolerrefrigerator, cooler-refrigerator-freezer, and cooler-freezer definitions as proposed in the 2016 SNOPD. As discussed in the 2016 SNOPD, DOE refers to the term ‘‘cooler compartment’’ but offered no definition for this term, indicating instead that this term would be defined through the separate MREF test procedure rulemaking. See 81 FR at 11457–11459. Additionally, AHAM commented that the MREF Working Group also defined the terms ‘‘cooler-all-refrigerator’’ and ‘‘all-refrigerator’’ in Term Sheet #1, but that these definitions were not present in the 2016 SNOPD. AHAM recommended that these definitions be included in the test procedure final rule. (AHAM, No. 24 at p. 4) DOE proposed in the Test Procedure NOPR to move the definition for ‘‘allrefrigerator’’ from appendix A to 10 CFR 430.2. 79 FR at 74901. The MREF Working Group supported this proposal, and DOE is incorporating this change in this final rule. DOE is similarly establishing a definition for ‘‘cooler-allrefrigerator’’ in 10 CFR 430.2, consistent with the MREF Working Group recommendation. DOE did not propose in the 2016 SNOPD definitions that would be included in appendix A. In this final rule, DOE is establishing a definition for ‘‘cooler compartment’’ (instead of the term ‘‘cellar compartment’’ as used in the Test Procedure NOPR) in appendix A as a refrigerated compartment designed exclusively for wine or other beverages within a consumer refrigeration product that is capable of maintaining compartment temperatures either (a) no lower than 39 °F (3.9 °C), or (b) in a range that extends no lower than 37 °F (2.8 °C) but at least as high as 60 °F (15.6 °C). The temperature ranges in this definition are consistent with the Test Procedure NOPR proposal and the temperature ranges used to define coolers, as discussed in section VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 V.A of this document. Consistent with the other definitions established in this document, DOE is establishing that the compartment temperature ranges be determined in a 90 °F ambient temperature. Additionally, the inclusion of an explanation that a cooler compartment is designed exclusively for wine or other beverages clarifies the differences between a cooler compartment and a special compartment. DOE is similarly amending the definition of ‘‘special compartment’’ in appendix A to exclude cooler compartments, consistent with the MREF Working Group’s recommendation. C. Refrigerators, Refrigerator Freezers, and Freezers In the 2016 SNOPD, DOE proposed several changes to the existing definitions for ‘‘refrigerator,’’ ‘‘refrigerator-freezer,’’ and ‘‘freezer’’ to establish a similar structure with the proposed MREF definitions, improve their clarity, and eliminate potential overlap among these definitions.5 DOE did not propose to redefine the scope of coverage for these products or to amend the definitions in a manner that would affect how a currently covered product would be classified (other than to treat combination cooler refrigeration products as MREFs). The proposals were consistent with the MREF Working Group recommendations except for the changes described earlier (i.e., revising references to 8 °F to 0 °F for freezer compartment temperatures and inclusion of ‘‘used with one or more doors’’ language). DOE also proposed to eliminate the redundant terms ‘‘electric refrigerator’’ and ‘‘electric refrigeratorfreezer’’ from 10 CFR 430.2. 81 FR at 11459–11460. As it did in its comments on DOE’s proposed ‘‘cooler’’ definition, see supra section V.A, AHAM questioned DOE’s use of language in the definition that would specify that products falling into one of the refrigeration product categories be those products that are equipped with one or more doors. AHAM also questioned the proposal’s inclusion of a requirement that compartment temperatures be determined according to § 429.61(d)(2). (AHAM, No. 24 at pp. 3–4) For the reasons discussed in section V.A of this document, DOE is adopting the phrase ‘‘used with one or more doors’’ for each of the existing refrigeration product definitions, as proposed in the 2016 5 The current definitions for ‘‘refrigerator,’’ ‘‘refrigerator-freezer,’’ and ‘‘freezer’’ are found under the definitions for ‘‘electric refrigerator,’’ ‘‘electric refrigerator-freezer,’’ and ‘‘freezer’’ found in 10 CFR 430.2. PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 46777 SNOPD, and is establishing that § 429.61(d)(2) refers to testing in a 90 °F ambient temperature. Also as noted in section V.B of this document, AHAM and Sub Zero opposed DOE’s proposal to remove references to 8 °F in the definitions for cooler-refrigerator, cooler-refrigeratorfreezer, refrigerator, and refrigeratorfreezer. They noted that this change was not consistent with the MREF Working Group’s recommendation of amending the refrigerator, refrigerator-freezer, and freezer definitions only as necessary to clarify the differentiation with new MREF definitions. AHAM and Sub Zero stated that the proposed definition would alter the scope of coverage for those products, noting that the existing definition requires that a compartment be capable of maintaining temperatures below 8 °F and may be adjusted to 0 °F. Specifically, AHAM commented that the proposed definition could create a situation where products that are now considered refrigerator-freezers could change to refrigerators, or that some products (depending on defrost type) may no longer have an applicable product class and would require waivers. (AHAM, No. 24 at pp. 2–3; Sub Zero, No. 22 at pp. 1–2) DOE proposed the revised temperature structure to align the proposed definitions with the test procedure to limit the possibility of a product meeting the definition requirements but not being able to be tested. However, DOE acknowledges that this revision is not directly related to improving clarity or establishing consistency with respect to the new MREF product definitions. Accordingly, DOE determined that this potential issue would be more appropriately addressed during a rulemaking specific to refrigerators, refrigerator-freezers, and freezers. Therefore, DOE is establishing references to 8 °F for the freezer compartment temperature requirements in the definitions for refrigerators and refrigerator-freezers, and in the associated combination cooler refrigeration product definitions. DOE is, however, establishing an additional amendment to the existing definitions for refrigerators, refrigeratorfreezers, and freezers. The temperature ranges used to define coolers overlap with those used to define refrigerators, which may lead to uncertainty regarding appropriate product classification (i.e., products with compartments capable of maintaining temperatures between 37 °F and 39 °F and as high as 60 °F would meet both the cooler and existing refrigerator definitions). As originally discussed in the Test Procedure NOPR, DOE observed that products with E:\FR\FM\18JYR2.SGM 18JYR2 46778 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations compartment temperatures that reach no lower than 37 °F but that can also reach at least as high as 60 °F are more appropriately classified as coolers instead of refrigerators. 79 FR 74894, 74901–74902. To eliminate uncertainty in product classification, DOE is amending the refrigerator and related definitions to clarify that products that meet the cooler temperature ranges are excluded from the refrigerator and related definitions. However, DOE is clarifying that these exclusions take effect on the compliance date of any energy conservation standards for combination cooler refrigeration products. In clarifying their application, DOE notes that the phrase ‘‘must comply with an applicable miscellaneous refrigeration product energy conservation standard’’ used in the definitions of refrigerator, freezer, and refrigerator-freezer adopted in this rule is intended to more clearly express the same meaning as if the term ‘‘subject to an applicable energy conservation standard,’’ as that term is used in 10 CFR 429.12, were used. In other words, the variation of the term adopted here is not intended to convey a different meaning than if the term used in 10 CFR 429.12 were used. In sum, other than the clarifying revisions noted earlier, DOE is amending the definitions for refrigerator, refrigerator-freezer, and freezer in a manner consistent with the 2016 SNOPD proposal. asabaliauskas on DSK3SPTVN1PROD with RULES D. General Terms for the Groups of Products Addressed in This Rule In the 2016 SNOPD, DOE proposed to define the terms ‘‘miscellaneous refrigeration product’’ and ‘‘consumer refrigeration product’’ in a manner consistent with the MREF Working Group recommendations in Term Sheet #1. ‘‘Miscellaneous refrigeration product’’ would refer to a consumer refrigeration product other than a refrigerator, refrigerator-freezer, or freezer, which includes coolers and combination cooler refrigeration products. ‘‘Consumer refrigeration product’’ would refer to a refrigerator, refrigerator-freezer, freezer, or miscellaneous refrigeration product. These proposed terms would allow for simpler references when referring to the groups of products addressed in this final determination. DOE did not receive any comments on the proposed definitions for ‘‘miscellaneous refrigeration product’’ and ‘‘consumer refrigeration product’’ in response to the 2016 SNOPD. Therefore, DOE is establishing the definitions as VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 proposed in the 2016 SNOPD in this final rule. Additionally, because DOE has determined that MREFs meet the criteria for coverage under EPCA, as discussed in section IV of this final determination, DOE is amending the definition of ‘‘covered product’’ in 10 CFR 430.2 to include MREFs. VI. Test Procedure Discussion A. Test Procedure Sections and Appendices Addressing the Newly Covered Products In the Test Procedure NOPR, DOE proposed to modify appendix A to incorporate provisions that would address the test procedures for coolers and combination cooler refrigeration products. 79 FR at 74904. DOE did not receive any comment on this proposal, and is amending appendix A to include the testing requirements for all newly covered MREFs, as proposed in the Test Procedure NOPR. DOE also proposed in the Test Procedure NOPR to amend both appendices A and B to improve their clarity and incorporate minor technical corrections. 79 FR 74894. Comments received on these provisions are addressed in the following discussion sections. After considering these comments, DOE is adopting these additional amendments for both appendices A and B to improve clarity and to maintain consistency between the two related test procedures. B. Elimination of Definition Numbering in the Appendices Appendices A, B, A1, and B1 each include an introductory section (‘‘Section 1’’) that defines terms that are important for describing the test procedures for these products. These sections are currently numbered such that each definition has a unique subsection number. In the Test Procedure NOPR, DOE explained that because the definitions are all listed in alphabetical order, the current organizational structure is unnecessary. To improve the readability of these sections and to limit confusion from renumbering when definitions are added or removed, DOE proposed to eliminate the sub-section numbering to simplify the structure of these sections of the appendices. 79 FR at 74904–74905. DOE did not receive any comments regarding this aspect of its Test Procedure NOPR proposal, and is removing the section numbering for definitions from appendices A and B in this final rule. DOE is not making a corresponding change to appendices A1 and B1 because, as described in section PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 VI.M of this document, DOE is removing these appendices from the CFR because they are no longer relevant. C. Removal of Provisions for ExternallyVented Products In the Test Procedure NOPR, DOE proposed removing provisions related to externally-vented products from appendix A to help simplify and improve the appendix’s clarity. These changes entailed the removal of a number of provisions, including certain definitions, testing conditions, measurements, and calculations relevant to these products. DOE also proposed to remove all references to externally-vented products from the regulatory text in § 430.23(a) of subpart B. 79 FR at 74905. DOE did not receive any comments in response to the Test Procedure NOPR proposal on this topic and is incorporating these changes to appendix A. D. Sampling Plans, Certification Reporting, and Measurement/ Verification of Volume In the Test Procedure NOPR, DOE proposed to apply the same statistical evaluation criteria for consumer product test samples to MREFs. In addition, DOE proposed to establish a new section 10 CFR 429.61, which would be titled ‘‘Miscellaneous refrigeration products,’’ to address sampling plans, certification reports, rounding requirements, and product category determinations for these products. 79 FR at 74905. DOE did not receive any comments on the proposed requirements to be included in 10 CFR 429.61, and is establishing the relevant sampling plan, certification reporting, rounding, and product category determination requirements for coolers and combination cooler refrigeration products in this document. DOE notes that the provisions within 10 CFR 429.61 clarify that compartment temperatures used to determine the appropriate product category must be determined in a 90 °F ambient temperature (by referencing appendix A). Additionally, DOE has incorporated clarifying edits to the product category determination section to specify which measured values must be used in making the determination. This final rule also updates the refrigerator, refrigerator-freezer, and freezer requirements in 10 CFR 429.14 to include these clarifications (referencing appendix A for refrigerators and refrigerator-freezers, and appendix B for freezers). DOE is also clarifying in 10 CFR 429.14 which volume values must be reported and that the rounding E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES requirements for certified volumes do not apply until the compliance date of amended energy conservation standards for refrigerators, refrigerator-freezers, and freezers is reached. For both of these sections in 10 CFR part 429, DOE is also clarifying their section headings to specify that they refer to consumer products. DOE’s product-specific enforcement provisions are included in 10 CFR 429.134. Within this section, paragraph (b) describes the specific requirements for refrigerators, refrigerator-freezers, and freezers. In the Test Procedure NOPR, DOE proposed adding a new section within 10 CFR 429.134 to include product-specific enforcement provisions for MREFs. DOE proposed that the MREF requirements be consistent with those in place for refrigerators, refrigerator-freezers, and freezers. 79 FR at 74905. DOE did not receive comments in response to the proposed enforcement provisions for MREFs. In this final rule, DOE is establishing a new section within 10 CFR 429.134 to include enforcement requirements for MREFs that are consistent with those currently in place for refrigerators, refrigeratorfreezers, and freezers. DOE is also amending the enforcement provisions for refrigerators, refrigerator-freezers, and freezers for consistency with the rounding requirements discussed in section VI.L of this document. DOE’s current regulations in 10 CFR 429.72(c) allow the use of computeraided design (‘‘CAD’’) models when determining volume for refrigerators, refrigerator-freezers, and freezers. In the Test Procedure NOPR, DOE proposed to add § 429.72(d) to establish the same approach for MREFs. 79 FR at 74905. Felix Storch, Inc. (‘‘FSI’’) commented that it strongly agreed with DOE’s proposal to allow CAD models in place of measured volumes for certifying volumes and testing products. (FSI, Test Procedure NOPR, No. 15 at p. 2) 6 DOE received no other comments regarding this aspect of its proposal. In this final rule, DOE is establishing § 429.72(d) as proposed in the Test Procedure NOPR, to allow the use of CAD models when determining volume for MREFs. 6 A notation in the form ‘‘FSI, Test Procedure NOPR, No. 15 at p. 1’’ identifies a written comment: (1) Made by Felix Storch, Inc. (FSI); (2) recorded in document number 15 that is filed in the docket of the test procedure rulemaking for miscellaneous refrigeration products (Docket No. EERE–2013– BT– TP–0029) and available for review at www.regulations.gov; and (3) which appears on page 1 of document number 15. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 E. Compartment Definition In the Test Procedure NOPR, DOE noted that although the term ‘‘compartment’’ is used extensively in the DOE test procedures, it had not been defined. The DOE test procedure uses the term to refer to both individual enclosed spaces within a product (e.g., referring to a specific freezer compartment), as well as all enclosed spaces within a product that meet the same temperature criteria (e.g., referring to the freezer compartment temperature—a volume-weighted average temperature for all individual freezer compartments within a product). DOE noted that ‘‘compartment’’ is defined in the Australian/New Zealand test procedures (AS/NZS 4474.1–2007); however, DOE noted that the AS/NZS 4474.1–2007 approach is not fully consistent with how the term ‘‘compartment’’ is used in the DOE test procedures. To limit the extent of test procedure changes necessary when including a compartment definition, DOE proposed a definition for ‘‘compartment’’ that included the two key meanings in the test procedures. 79 FR at 74905–74907. DOE also proposed additional instructional language in section 5.3 of appendix A and appendix B to clarify how the concept of compartments should be used in the test procedures: (1) Each compartment to be evaluated would be an enclosed space without subdividing barriers that divide the space—a subdividing barrier would be defined as a solid barrier (including those that contain thermal insulation) that is sealed around all of its edges to prevent air movement from one side to the other, or has edge gaps insufficient to permit thermal convection transfer from one side to the other that would cause the temperatures on both sides of the barrier to equilibrate; (2) each evaluated compartment would not be a zone of a larger compartment unless the zone is separated from the larger compartment by subdividing barriers; and (3) if a subdividing barrier can be placed in multiple locations, it would be placed in the median position, or, if it can be placed in an even number of locations, it would be placed in the near-median position that results in a smaller (rather than larger) cooler compartment volume. DOE also proposed to include the set-up requirement for movable subdividing barriers in section 2.7 of appendix A and in section 2.5 of appendix B. 79 FR at 74906–74906. The MREF Working Group considered the issue of a compartment definition in its discussions. Working Group PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 46779 members indicated that the intent of the term ‘‘compartment,’’ as included in the existing test procedures, was wellunderstood by industry and test laboratories, and that a definition intended to cover the multiple uses in the test procedure would potentially introduce confusion. Accordingly, the MREF Working Group recommended that DOE not include a ‘‘compartment’’ definition, and that DOE address this issue in a future rulemaking for refrigerator, refrigerator-freezer, and freezer test procedures. The MREF Working Group suggested that, at that time, DOE consider adopting a definition based on the definition in AS/NZS 4474.1–2007. The MREF Working Group also recommended that DOE include the additional clarifications for considering compartments in sections 2.7 and 5.3 of appendix A and sections 2.5 and 5.3 appendix B. The MREF Working Group further recommended that DOE clarify the definition of ‘‘special compartment’’ to more clearly distinguish between special compartments and cooler compartments within combination cooler refrigeration products. See Term Sheet #1 at pp. 7, 10, 17–18, and 32–33. Consistent with the MREF Working Group recommendation, DOE is not amending appendix A or appendix B to include a definition for the term compartment. Instead, this final rule amends appendix A and appendix B to include the additional clarifications regarding compartments as proposed in the Test Procedure NOPR. DOE is also amending the current definition for ‘‘special compartment,’’ consistent with the MREF Working Group recommendation, to refer to any compartment, other than a butter conditioner or a cooler compartment, without doors that are directly accessible from the exterior, and with a separate temperature control (such as crispers convertible to meat keepers) that is not convertible from the fresh food temperature range to the freezer temperature range. F. Cooler Compartments 1. Cooler Compartment Standardized Temperature In order to ensure that test results are both repeatable and representative of consumer use, the DOE test procedures require the use of standardized compartment temperatures representative of typical consumer use. In the Test Procedure NOPR, DOE proposed a standardized cooler compartment temperature of 55 °F, which would apply to coolers and cooler compartments within E:\FR\FM\18JYR2.SGM 18JYR2 46780 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES combination cooler refrigeration products. DOE noted that this temperature is already widely in use in other industry test methods. In addition, DOE market research of products with cooler compartments revealed typical temperature ranges of 45 °F to 65 °F, with 55 °F often representing the most common target temperature. 79 FR at 74907–74908. The MREF Working Group supported DOE’s proposal from the Test Procedure NOPR because 55 °F is already the industry-accepted compartment temperature for these types of products. The MREF Working Group recommended that DOE adopt the 55 °F cooler compartment temperature in its test procedures for MREFs. See Term Sheet #1 at p. 20. For the reasons outlined in the Test Procedure NOPR, and as supported by the MREF Working Group, DOE is establishing 55 °F as the standardized cooler compartment temperature used for testing in appendix A. 2. Cooler Compartment Temperature Measurement In the Test Procedure NOPR, DOE proposed to reference section 5.5.5.4 of AHAM Standard HRF–1–2008, (‘‘HRF– 1–2008’’), Association of Home Appliance Manufacturers, Energy and Internal Volume of Refrigerating Appliances (2008) for the temperature measurement requirements in cooler compartments in coolers and combination cooler refrigeration products. The proposed sensor placements would be consistent with the existing requirements for fresh food compartments. To implement this change, DOE proposed to add a reference to cooler compartments in section 5.1 of appendix A, indicating that temperature sensor placement within these compartments would be performed as indicated in Figure 5.1 of AHAM HRF–1–2008. DOE also proposed to require volume-weighted averaging of cooler compartment temperatures in cases where there are multiple cooler compartments, similar to the current requirements for volumeweighted averaging of fresh food and freezer compartments in sections 5.1.3 and 5.1.4 of appendix A. 79 FR at 74908. The MREF Working Group did not specifically address these proposals in its meetings, but it did recommend that DOE follow the same approach as outlined in the Test Procedure NOPR. See Term Sheet #1 at pp. 23–26. Because DOE received supporting feedback, and none opposing, the Test Procedure NOPR approach, it has incorporated the proposed temperature VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 measurement requirements for cooler compartments into appendix A. 3. Cooler Compartments as Special Compartments In the Test Procedure NOPR, DOE proposed to treat a product as a combination cooler refrigeration product only if the cooler compartment(s) comprised at least 50 percent of the total refrigerated volume. DOE proposed that cooler compartments in products that comprised less than 50 percent of the total cooler compartment volume would be treated as special compartments. Special compartments would be tested at their coldest temperature setting. 79 FR at 74908. As discussed in section V.B of this document, DOE has eliminated the 50percent cooler compartment volume requirement from the combination cooler refrigeration product definition. Accordingly, the final rule will not require that cooler compartments be treated as special compartments, regardless of their volume. 4. Temperature Settings and Energy Use Calculations In the Test Procedure NOPR, DOE proposed that the temperature settings and energy use calculations for MREFs would use an approach similar to those used in the existing refrigerator and refrigerator-freezer test procedure. Specifically, DOE proposed adding the following steps to section 3 of appendix A: (1) The temperature controls for cooler compartments would be placed in the median position for a first test. (2) The temperature control setting for the second test would depend on all of the measured compartment temperatures, including that of the cooler compartment. The setting would be warm for all compartments, including the cooler compartment, if the compartment temperatures measured for the first test are all below their standardized temperatures; otherwise, the temperature controls would all be set to their coldest settings. (3) If all of the measured compartment temperatures are lower than their standardized temperatures for both tests, the energy use calculation would be based only on the second (warmest setting) test. (4) If the measured compartment temperature of any compartment is warmer than its standardized temperatures for a test with the controls in the cold setting, the energy use calculation would be based on cold- and warm-setting tests, subject to specific restrictions based on compartment temperatures, measured energy use, PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 except that for non-compressor refrigeration products, the energy use calculation would be based only on the cold-setting test. (5) If neither (3) nor (4) occur, the energy use calculation would be based on both tests. (6) The test procedure would also allow an energy use rating to be based simply on the results of a single first test, if that test is conducted with the compartment temperature controls in their warmest setting, provided that the measured compartment temperatures are all below their standardized temperatures. 79 FR at 74908–74909. DOE proposed that the energy use calculations would follow the same approach as for the existing test procedures for refrigerators and refrigerator-freezers, in which energy use is interpolated to the standardized compartment temperatures. For combination cooler refrigeration products, DOE proposed that the highest of the three possible energy use calculations (one each for cooler compartments, fresh food compartments and/or freezer compartments) would be used to determine overall energy consumption, consistent with the approach for refrigerator-freezers. For products unable to maintain compartment temperatures below the standardized compartment temperatures at any control setting, DOE proposed extrapolating to the standardized compartment temperature using the test results at the warm and cold settings. In the case of non-compressor refrigerators unable to maintain standardized compartment temperatures, DOE proposed that the test results be based on the result of the cold setting test only. 79 FR at 74909. The MREF Working Group discussed appropriate test settings and energy use calculations for MREFs. Working Group members disagreed with the Test Procedure NOPR proposals for addressing products unable to maintain standardized compartment temperatures. The MREF Working Group ultimately recommended that the test procedure provide no energy use rating for products unable to maintain standardized compartment temperatures, consistent with the requirements included in appendix A. The MREF Working Group supported the other proposals related to temperature settings and energy use calculations, which were consistent with the existing requirements for refrigerators and refrigerator-freezers. The Working Group also recommended that DOE revise the current version of E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES Table 1 in appendix A to simplify the required temperature settings for each possible compartment temperature result. See Term Sheet #1 at pp. 21–22. The existing test procedure in appendix A states that if a product cannot maintain the applicable standardized temperature, it would receive no energy use rating. Many of the products that would receive no energy use rating would now be considered coolers under the definitions described in section V of this document, and would receive an energy use rating under the test procedures established for those products in this final rule. However, DOE is aware that certain products marketed as coolers, particularly those with non-compressor refrigeration systems, are unable to maintain a 55 °F compartment temperature in the 90 °F ambient test condition. While these products would meet the cooler definition, DOE agrees with the MREF Working Group recommendation and has specified in appendix A that these products would receive no energy use rating. DOE expects that the extrapolation approach for these products would not reflect actual energy consumption in the field, and as a result, no energy use rating is appropriate. Manufacturers of these products would be required to pursue a test procedure waiver, as described in section 7 of appendix A, to determine an appropriate energy use rating for these products that reflects actual energy use under normal consumer use. DOE is maintaining the remaining relevant temperature setting and energy use calculation requirements as proposed and explained in the Test Procedure NOPR and recommended by the MREF Working Group. 5. Volume Calculations In the Test Procedure NOPR, DOE proposed that the refrigerated volume calculation for a cooler compartment would be conducted in the same way as the existing volume calculations for a fresh food compartment. Specifically, the volume measurements would be conducted according to section 3.30 and sections 4.2 through 4.3 of HRF–1–2008, with additional clarifications as included in appendix A. In calculating the adjusted volume of coolers, DOE proposed a volume adjustment factor equal to 1.0. 79 FR at 74909. For combination cooler refrigeration products, DOE proposed to apply a volume adjustment factor of 0.69 for cooler compartments. This adjustment factor was intended to account for the warmer temperature and reduced thermal load of the cooler compartment when compared to a fresh food or VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 freezer compartment. The value of 0.69 was based on the difference between the 55 °F standardized compartment temperature and the 90 °F ambient temperature relative to the difference between the 39 °F fresh food standardized compartment temperature and the 90 °F ambient temperature (fresh food compartments have a volume adjustment factor of 1.0). 79 FR at 74909. The MREF Working Group considered cooler compartment volume adjustment factors in its test procedure recommendation to DOE. The Working Group agreed with the Test Procedure NOPR proposal of using a volume adjustment factor of 1.0 for cooler compartment volumes within coolers (i.e., products including only cooler compartments). For combination cooler refrigeration products, the Working Group also recommended a volume adjustment factor of 1.0 for the cooler compartment volumes. While the approach proposed in the Test Procedure NOPR is consistent with the calculation to determine the freezer volume adjustment factor, the Working Group determined that a corresponding calculation would not be appropriate for cooler compartments. The group discussed that cooler compartments typically have glass doors, a factor that leads to an increased thermal load for these compartments despite their higher internal compartment temperatures. The higher temperature of a cooler compartment combined with a glass door leads to a thermal load similar to a fresh food compartment with a solid door. Accordingly, the MREF Working Group recommended that DOE apply a volume adjustment factor of 1.0 to all cooler compartments in both coolers and combination cooler refrigeration products. See Term Sheet #1 at pp. 34– 35. DOE provided analytical support to the MREF Working Group discussions which led to the group’s recommendation to DOE. In modeling the performance of combination cooler refrigeration products, DOE found that fresh food and cooler compartments with typical construction had very similar thermal loads. For example, assuming a 6-cubic foot volume for both the fresh food and cooler compartment in a combination cooler refrigerator with 1.5-inch wall insulation and a mid-tech glass door for the cooler compartment (i.e., dual-pane with inert gas fill and low-emissivity coating) resulted in thermal loads of 28.1 Watts (W) for the PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 46781 cooler compartment and 27.3 W for the fresh food compartment.7 Based on the recommendations from the MREF Working Group and the supporting modeling data, DOE is establishing the volume calculations as proposed in the Test Procedure NOPR, except with a volume adjustment factor of 1.0 for all cooler compartments. 6. Convertible Compartments Certain compartments may be convertible between the temperature ranges that define coolers, refrigerators, and freezers (i.e., cooler, fresh food, and freezer compartment temperatures). To address this possibility, DOE proposed in the Test Procedure NOPR to modify the requirements for convertible compartments in appendix A. The proposed changes included temperature ranges in appendix A, sections 2.7 and 3.2.3, to define whether a compartment is convertible to a cooler compartment and to provide appropriate temperature settings for convertible compartments that would be tested as cooler compartments. The existing requirement that the convertible compartment be tested in its highest energy use position would not change, nor would the requirement that separate auxiliary convertible compartments be tested with the convertible compartment set as the compartment type that represents the highest energy use position. 79 FR at 74909. DOE did not receive comments in response to the Test Procedure NOPR proposal for convertible compartments, and the MREF Working Group did not specifically address this topic in its discussions. However, the MREF Working Group included the convertible compartment requirements as proposed in the Test Procedure NOPR in its test procedure recommendation to DOE. See Term Sheet #1 at pp. 17–18, 22–23. For these reasons, DOE is adopting the proposed convertible compartment requirements from its Test Procedure NOPR for inclusion in appendix A. G.Test Procedures for Coolers 1. Ambient Temperature and Usage Factor DOE’s existing test procedures for refrigerators, refrigerator-freezers, and freezers require testing with the cabinet doors kept closed in an environmentally-controlled room at 90 °F temperature. This test condition is intended to simulate operation in more typical room temperature conditions (72 7 The analysis is included in the ‘‘2015–10–20 Working Group Meeting Materials: Combination Cooler Engineering Results’’ file in docket ID EERE– 2011–BT–STD–0043, accessible on regulations.gov. E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES 46782 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations °F) with door openings. The test procedures for freezers apply adjustment factors to the measurements of energy use during the test to adjust for less frequent usage when compared to refrigerators and refrigerator-freezers. Appendix B applies correction factors of 0.7 for chest freezers and 0.85 for upright freezers. DOE proposed in the Test Procedure NOPR to test vapor-compression coolers in a 90 °F ambient condition, consistent with the existing test procedures, but with a usage factor of 0.55. This proposed usage factor is lower than the 0.85 usage factor required by California Energy Commission (‘‘CEC’’) and Natural Resources Canada (‘‘NRCan’’) regulations, and applied in the AHAM test procedure these products. DOE developed the 0.55 factor by combining data on the performance impacts of the ambient temperature (72 °F for typical operation versus 90 °F for testing) and the estimated thermal loads for these products based on typical consumer use. DOE found that operation in the 72 °F temperature resulted in an average measured energy consumption of 0.46 times the value measured at the 90 °F ambient temperature. DOE estimated that consumer use for door openings and food loads would represent a 20percent additional thermal load (based on the ratio of the 0.85 to 0.7 usage factors for upright versus chest freezers, respectively). Multiplying 0.46 by 1.2 results in the overall usage factor of 0.55 proposed in the Test Procedure NOPR for vapor-compression coolers. 79 FR at 74910–74912. DOE testing of non-compressor coolers prior to the Test Procedure NOPR showed that certain units were unable to maintain standardized compartment temperatures in a 90 °F ambient condition. To address this issue, DOE proposed that noncompressor coolers be tested in a 72 °F ambient condition with a usage factor of 1.2 to represent the additional thermal loads associated with consumer use. 79 FR at 74910–74912. The MREF Working Group considered ambient conditions and usage factors for cooler testing in its recommendations to DOE. The Working Group agreed with DOE’s proposals for testing vaporcompression coolers, and recommended that DOE require testing in a 90 °F ambient with a 0.55 usage factor for these products. For non-compressor coolers, the Working Group disagreed with DOE’s proposal. The Working Group recommended that DOE establish consistent testing requirements for all coolers, regardless of refrigeration technology. See Term Sheet #1 at pp. 14, 27. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 After considering the MREF Working Group recommendations, DOE is establishing one set of test requirements for testing coolers in appendix A, regardless of refrigeration technology. DOE has included the 90 °F ambient test temperature and 0.55 usage factor as initially proposed for vaporcompression coolers in the Test Procedure NOPR. Establishing one set of test requirements ensures that all products offering the same consumer utility and function are rated on a consistent basis, providing consumers with a meaningful basis to compare product energy consumptions. As discussed in section VI.F.4 of this document, manufacturers of products unable to maintain the standardized compartment temperature in a 90 °F test condition would be required to pursue a test procedure waiver, as described in section 7 of appendix A. 2. Light Bulb Energy In the Test Procedure NOPR, DOE noted that coolers often have glass doors that permit consumers to display stored items and manually-operated lighting to illuminate these items for better viewing. The procedures under appendices A and B require that electrically-powered features not required for normal operation and that are manually-initiated and manuallyterminated must be set in their lowest energy use position during the energy test. However, Canadian Standards Association, Standard C300–08 (‘‘CSA C300–08’’) requires two tests, one each with the lights on and off, and an average energy use result. Based on field surveys conducted by Lawrence Berkeley National Laboratory (‘‘LBNL’’), which indicated that 90 percent of consumers kept light switches off in coolers,8 DOE proposed to only test with any light switches in the off position. 79 FR at 74912. The MREF Working Group supported DOE’s proposal in the Test Procedure NOPR, and recommended that DOE require testing coolers with any light switches in the off position. See Term Sheet #1 at p. 15 (recommending use of the operational conditions for a unit under test prescribed in specific provisions from HRF–1–2008). Based on the data cited in the Test Procedure NOPR and the MREF Working Group recommendation, DOE is requiring that cooler compartments be tested with any light switches in the off position. This requirement is consistent with the existing provisions in appendix 8 U.S. Residential Miscellaneous Refrigeration Products: Results from Amazon Mechanical Turk Surveys, LBNL–6194E, No. 10 at pp. 43–44. PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 A and appendix B for electricallypowered features not required for normal operation and that are manuallyinitiated and manually-terminated. H. Non-Compressor Refrigeration Products 1. Ambient Temperature for NonCompressor Refrigeration Products In the Test Procedure NOPR, DOE proposed definitions and specific test provisions for non-compressor refrigerators. 79 FR at 74912–74913. As discussed in section III of this document, DOE did not establish coverage for non-compressor refrigerators as MREFs because it is not aware of any of these products available on the market. In response to the Test Procedure NOPR proposals, Indel B S.p.a. (‘‘Indel B’’) commented that at a 90 °F ambient temperature, it is impossible for some absorption refrigerators to work. It stated that for reasons based on the properties of the chemicals involved, raising the ambient temperature is not the same as door openings because gas mixes have a worse performance at 90 °F as opposed to a 72 °F ambient conditions. (Indel B, Public Meeting Transcript, No. 14 at p. 106) 9 Products with non-compressor refrigeration systems would be considered coolers, not refrigerators, based on DOE’s testing and the product definitions discussed earlier in this document, and would be subject to the cooler testing requirements detailed elsewhere in this final rule. Accordingly, DOE is not establishing specific testing provisions for noncompressor refrigerators in appendix A. DOE notes that while non-compressor products likely cannot maintain a 39 °F compartment temperature in a 90 °F ambient temperature, many are capable of maintaining the 55 °F compartment temperature required for cooler testing. If testing in the 90 °F ambient condition is not appropriate for certain products, manufacturers of those products would be required to pursue a test procedure waiver, as described in section 7 of appendix A, to determine an appropriate energy use rating for these products. 9 A notation in the form ‘‘Indel B, Public Meeting Transcript, No. 14 at p. 106’’ identifies an oral comment that DOE received on January 8, 2015 during the Test Procedure NOPR public meeting, was recorded in the public meeting transcript in the docket for the test procedure rulemaking (Docket No. EERE–2013–BT–TP–0029). This particular notation refers to a comment (1) made by Indel B S.p.a. (Indel B) during the public meeting; (2) recorded in document number 14, which is the public meeting transcript that is filed in the docket of the test procedure rulemaking; and (3) which appears on page 106. E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 2. Refrigeration System Cycles In the Test Procedure NOPR, DOE proposed to clarify in 10 CFR 430.23 that, in the context of non-compressor products, the term ‘‘compressor cycle’’ means a ‘‘refrigeration cycle’’ and that the term ‘‘compressor’’ refers to a ‘‘refrigeration system.’’ The proposal would clarify references in appendix A to specifically refer to compressor operation or complete compressor cycles. DOE proposed this approach rather than establishing parallel identical test procedures for noncompressor products, or inserting the phrase ‘‘or refrigeration system cycles for non-compressors products,’’ to simplify the text in appendix A. DOE also proposed that the test procedure requirements in place for refrigerators and refrigerator-freezers with multiple compressors would also apply to noncompressor products with multiple refrigeration systems. 79 FR at 74913– 74914. DOE did not receive feedback in response to this proposal in the Test Procedure NOPR. Therefore, in this final rule, DOE is establishing the clarification in 10 CFR 430.23(dd) as proposed in the Test Procedure NOPR. asabaliauskas on DSK3SPTVN1PROD with RULES I. Extrapolation for Refrigeration Products Appendices A and B do not currently provide energy use ratings for products that are unable to maintain standardized compartment temperatures. The previous test procedures in appendices A1 and B1 included an extrapolation calculation based on the warm and cold test setting energy use results to estimate energy use at the standardized compartment temperatures. In the Test Procedure NOPR, DOE proposed to include the extrapolation method in appendix A and appendix B to determine energy use ratings for refrigeration products other than noncompressor refrigerators—the Test Procedure NOPR proposed using the cold setting results only in the case of non-compressor refrigerators unable to maintain standardized compartment temperatures. The proposal would also ensure that the extrapolation method would only be used when the calculations would provide meaningful energy use results (i.e., higher energy consumption associated with extrapolating to the lower compartment temperatures) by requiring that the measured warm-setting compartment temperature(s) are warmer than the cold-setting compartment temperature(s), and the measured energy use must be lower in the warm setting. 79 FR at 74914. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 The MREF Working Group recommended that DOE not include the extrapolation approach in Appendix A for products unable to maintain standardized compartment temperatures. Instead, the Working Group recommended that DOE maintain the ‘‘no energy use rating’’ approach for these products. See Term Sheet #1 at pp. 21–22. DOE notes that extrapolating energy use results from the warm and cold test settings for a test unit may result in a final energy use that would be higher than any actual energy use possible in the field. For this reason, DOE has not included the extrapolation approach in appendix A or appendix B, consistent with the recommendation from the MREF Working Group. For any units unable to maintain standardized compartment temperatures, manufacturers would instead need to apply for a test procedure waiver that would ensure representative test results. J. Combination Cooler Refrigeration Product Test Procedures To properly address testing issues involved with assessing the energy usage of combination cooler refrigeration products, DOE examined a number of factors. These factors included appropriate ambient temperatures, usage factors, standardized temperatures, and temperature control settings and energy use calculations. These different elements, along with the test requirements DOE is establishing in this final rule, are discussed in detail below. The test provisions for combination cooler refrigeration products discussed in this section will be required on the compliance date for any future energy conservation standards established for combination cooler refrigeration products. 1. Ambient Temperature In the Test Procedure NOPR, DOE proposed to require that combination cooler refrigeration products be tested in a 90 °F ambient temperature. DOE proposed this test condition for consistency with the test requirements for refrigerators, refrigerator-freezers, and freezers. 79 FR at 74914–74915. The MREF Working Group recommended DOE maintain the test conditions as proposed in the Test Procedure NOPR. See Term Sheet #1 at p. 14. In this final rule, DOE is establishing that combination cooler refrigeration products must be tested in a 90 °F ambient temperature, consistent with the existing requirements for refrigerators, refrigerator-freezers, and PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 46783 freezers, as well as the newly established ambient conditions for coolers, as discussed in section VI.G.1 of this document. 2. Usage Factor For combination cooler refrigeration products, DOE proposed in the Test Procedure NOPR that a usage adjustment factor of 0.85 be applied in the energy use calculations. Because a portion of these products is made up of a cooler compartment, DOE noted that the door opening frequency would likely be closer to that of a cooler than a refrigerator. Despite proposing a usage factor of 0.55 for coolers in the Test Procedure NOPR, DOE proposed a higher value for combination cooler refrigeration products because the 90 °F ambient temperature likely has a lesser impact on the performance of these products when compared to coolers. 79 FR at 74914–74915. The MREF Working Group discussed the appropriate usage factor for combination cooler refrigeration products, and recommended that DOE include a factor of 0.55 for these products, consistent with the usage factor proposed and recommended for coolers. See Term Sheet #1 at p. 27. In reaching this recommendation, the Working Group also discussed limited consumer use data provided by AHAM in comments submitted in response to the Test Procedure NOPR, which indicated that combination cooler refrigeration products are used much less frequently than refrigerators or refrigerator-freezers. (AHAM, Test Procedure NOPR, No. 18 at p. 9) Consistent with the MREF Working Group recommendation, and based on the limited available data, DOE expects that combination cooler refrigeration products are used in a similar manner to coolers—i.e., not as the primary foodstorage product for the residence, and typically used to store beverages. Therefore, DOE is establishing a usage factor of 0.55 in the appendix A calculations for these products, consistent with the usage factor established for coolers. 3. Temperature Control Settings and Energy Use Calculations In the Test Procedure NOPR, DOE also proposed to require that the temperature setting requirements and resulting energy use calculations for combination cooler refrigeration products be consistent with the existing approach used for refrigerators, refrigerator-freezers, and freezers. 79 FR at 74915. The MREF Working Group supported the approach outlined in the Test E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES 46784 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations Procedure NOPR; however, as discussed in section VI.I of this document, the Working Group recommended that DOE remove the extrapolation calculation for products not able to maintain the standardized compartment temperatures. See Term Sheet #1 at pp. 21–22. Based on the Test Procedure NOPR proposal and the MREF Working Group’s feedback, DOE is establishing the following test setting and energy use calculation approach for combination cooler refrigeration products, consistent with the existing requirements for refrigerators, refrigerator-freezers, and freezers: (1) A first test would be conducted with all temperature controls set in their median position. (2) If the measured compartment temperatures during the first test are all lower than the compartments’ standardized temperatures, a second test would be conducted with all temperature controls set in their warmest positions. If the measured compartment temperatures for the second test are still lower than the compartments’ standardized temperatures, the energy use would be calculated based on the results of the second test only. Otherwise, the energy use would be calculated based on the results of both tests. (3) Conversely, if one or more of the measured compartment temperatures during the first test are warmer than the standardized temperature(s), the second test would be conducted with all temperature controls set in their coldest positions. If, for this second test, the measured compartment temperatures are all lower than the compartments’ standardized temperatures, the results of both tests would be used to calculate the energy consumption. If one or more of the compartment temperatures are still warmer than the standardized temperatures, the test would not result in an energy use rating. (4) Alternatively, the energy use could be calculated based on a single test conducted with all temperature controls set in their warmest position, if the measured compartment temperatures are all lower than their compartments’ standardized temperatures. For combination cooler refrigeration products, DOE is requiring that the energy use be determined based on the above steps for each individual compartment type in the product. The final energy use rating is then based on the highest calculated energy consumption from the different compartment types. This is consistent with the existing approach for refrigerator-freezers. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 Because DOE is incorporating test procedures for coolers and combination cooler refrigeration products into appendix A, DOE is also revising the text and tables in section 3.2.1 of appendix A to simplify the description of the test setting requirements as they apply to all products that may be tested. K. Incidental Changes To Test Procedure Language To Improve Clarity In the Test Procedure NOPR, DOE proposed additional revisions to the appendix A and appendix B test procedures to improve clarity. DOE proposed to revise the references to the different control settings needed for testing. Specifically, DOE proposed to change the language to refer to ‘‘tests’’ rather than ‘‘test periods’’ in appendix A and appendix B. 79 FR at 74923. DOE proposed to amend the regulatory language associated with separate auxiliary compartments. Rather than discussing ‘‘first’’ fresh food or freezer compartments, DOE proposed to use the term ‘‘primary’’ fresh food or freezer compartments. Id. DOE proposed to modify its definition for variable defrost. Rather than indicating that the times between defrost should vary with different usage patterns and include a continuum of lengths of time between defrosts as inputs vary, DOE proposed to modify the language by replacing ‘‘should’’ with ‘‘must.’’ Id. DOE proposed to extend certain setup provisions to some of the new product classes addressed by this document. For example, section 2.4 of appendix A describes requirements for automatic defrost refrigerator-freezers. DOE proposed to indicate in the title of this section that this provision would apply to all automatic defrost refrigeration products covered by appendix A that have freezer compartments with a temperature range equivalent to the freezer compartments of refrigerator-freezers (which would include cooler-refrigerator-freezers and cooler-freezers). Also, section 2.5 of appendix A describes requirements for all-refrigerators with small compartments for the freezing and storage of ice. DOE proposed that the title of this section be modified to also reference cooler-all-refrigerators (as well as other product types that are no longer relevant). Finally, section 2.11 of appendix A addresses refrigerators and refrigerator-freezers with demandresponse capability. DOE proposed that this requirement would generally apply to refrigeration products covered by the test procedure. Id. The MREF Working Group included the clarifications as described above in PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 its test procedure recommendation to DOE. See Term Sheet #1 at pp. 15–19. DOE did not receive any additional feedback on these proposals; therefore, DOE is establishing the clarifications in appendix A and appendix B as proposed in the Test Procedure NOPR. In addition to the clarifications described above and proposed in the Test Procedure NOPR, DOE is also correcting an error identified in appendix A. DOE published a final rule in the Federal Register on January 25, 2012, which, in relevant part, updated Figure 1 in section 4.2.1.1 of appendix A. 79 FR 22320. On April 21, 2014, DOE published a final rule that inadvertently removed Figure 1 from section 4.2.1.1 of appendix A. DOE is reinserting Figure 1 into section 4.2.1.1 to improve the clarity of the test procedure. Neither the error nor the correction in this document affect the substance of the test procedure or compliance with existing energy conservation standards. Accordingly, DOE finds that notice and comment is unnecessary for this clarifying amendment. DOE is also amending certain sections in appendix A to remove specific references to fresh food and freezer compartments. The existing phrasing in appendix A would exclude MREFs containing cooler compartments. In section 5.1(b) of appendices A and B, DOE is clarifying that thermocouples may be relocated to maintain a minimum 1-inch air space from adjustable shelves or component, but that the sensors shall not be relocated if the instructions in HRF–1–2008 specify a location with less than 1 inch distance to a component. L. Changes to Volume Measurement and Calculation Instructions Due to questions received regarding how to account for certain component volumes, DOE issued guidance on the proper treatment of such components in August 2012 (‘‘Guidance on Component Consideration in Volume Measurements,’’ No. 11, (‘‘August 2012 Guidance’’)).10 DOE proposed in the Test Procedure NOPR to amend appendices A and B to clarify the appropriate volume measurements consistent with the instructions provided in the August 2012 Guidance. DOE also proposed rounding requirements for compartment and overall volumes, and to refer to adjusted total volume as ‘‘AV’’ rather than ‘‘VA’’ 10 This and other DOE guidance documents are available for viewing at https:// www1.eere.energy.gov/guidance/ default.aspx?pid=2&spid=1. E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations in appendix A and appendix B. 79 FR at 74923. The MREF Working Group discussed the Test Procedure NOPR proposals for volume measurements and calculations, and generally supported their inclusion in the test procedures. However, the Working Group recommended that the new rounding requirements for refrigerator, refrigerator-freezer, and freezer volumes not be required for use until the compliance date of any amended energy conservation standards for these products. The MREF Working Group recommended that the test procedure include an introductory note to clarify this point. See Term Sheet #1 at p. 8. DOE agrees with the MREF Working Group recommendations regarding volume measurements and calculations. Additionally, although the Working Group did not make specific recommendations for updating appendix B for freezers, DOE is incorporating similar changes into appendix B to maintain consistency between the two test procedures. Accordingly, DOE is establishing the following requirements and clarifications in appendix A and appendix B. The following component volumes shall not be included in the compartment volume measurements: Icemaker compartment insulation (e.g., insulation isolating the icemaker compartment from the fresh food compartment of a product with a bottom-mounted freezer with throughthe-door ice service), fountain recess, dispenser insulation, and ice chute (if there is a plug, cover, or cap over the chute per Figure 4–2 of HRF–2–2008). However, the following component volumes shall be included in the compartment volume measurements: icemaker auger motor (if housed inside the insulated space of the cabinet), icemaker kit, ice storage bin, and ice chute (up to the dispenser flap, if there is no plug, cover, or cap over the ice chute per Figure 4–3 of HRF–1–2008). Adjusted total volume was previously designated VA in appendices A and B, whereas it is designated AV in 10 CFR 430.32. DOE is changing the designation to AV in the test procedure appendices for consistency. Volumes of freezer, fresh food, and cooler compartments shall be rounded to the nearest 0.01 cubic foot, and if the volumes of these compartments are recorded in liters, they shall be converted to cubic feet and rounded to the nearest 0.01 cubic foot before using these values when calculating the total refrigerated volume or adjusted total volume. Total refrigerated volume and VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 adjusted volume shall be recorded to the nearest 0.1 cubic foot. DOE is also including the clarifying note as recommended by the MREF Working Group to explain that the new rounding requirements are not required until the compliance date of any amended energy conservation standards for refrigerators, refrigerator-freezers, and freezers. M. Removal of Appendices A1 and B1 The most recent energy conservation standards for refrigerators, refrigeratorfreezers, and freezers took effect for products manufactured on or after September 15, 2014. To prevent confusion and to eliminate unnecessary regulatory text, DOE proposed in the Test Procedure NOPR to remove appendix A1 and appendix B1 from subpart B to 10 CFR part 430 and to remove reference to these appendices in other parts of the regulations. 79 FR at 74923–74924. Appendices A1 and B1 incorporated by reference ANSI/AHAM HRF–1–1979, (Revision of ANSI B38.1–1970), (‘‘HRF– 1–1979’’), American National Standard, Household Refrigerators, Combination Refrigerator-Freezers and Household Freezers. DOE proposed removing HRF– 1–1979 from the list of standards incorporated by reference, corresponding to the removal of appendix A1 and appendix B1. 79 FR at 74924. DOE did not receive any comments on this topic, and is removing appendix A1 and appendix B1 from 10 CFR part 430, subpart B. DOE is also removing HRF– 1–1979 from the list of standards incorporated by reference in 10 CFR 430.3. N. Compliance With Other EPCA Requirements 1. Test Burden EPCA requires that the test procedures DOE prescribes or amends be reasonably designed to produce test results that measure the energy efficiency, energy use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use. These procedures must also not be unduly burdensome to conduct. 42 U.S.C. 6293(b)(3). DOE has concluded that the amendments established by this final rule satisfy this requirement. The test procedures established in this final rule apply primarily to products currently unregulated by DOE. Most of these products are very similar to refrigerators, refrigerator-freezers, and freezers, and use refrigeration systems to keep the interiors of insulated cabinets cool. The test procedures are based on, PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 46785 and consistent with, test procedures currently required for testing refrigerators, refrigerator-freezers, and freezers and would not represent any greater test burden than DOE’s test procedures for these products. DOE considered whether the test procedures could be modified to further reduce test burden without negatively affecting test accuracy and concluded that there are no such options for modification at this time that would significantly reduce the burden beyond the steps already taken and described above. 2. Changes in Measured Energy Use There currently are no DOE test procedures or energy conservation standards for coolers and combination cooler refrigeration products. Hence, the amendments established in this final rule do not change the measured energy use for these products. For refrigerators, refrigerator-freezers, and freezers, the amendments established in this final rule only clarify the existing test provisions for these products and do not result in any changes in measured energy use. However, as discussed in sections V.B and VI.J of this document, combination cooler refrigeration products, according to the definitions established in this rule, are currently certified for compliance with the existing refrigerator, refrigerator-freezer, and freezer energy conservation standards based on testing according to test procedure waivers. The amendments established in this final rule will not affect the measured energy use for these products, and corresponding compliance with existing energy conservation standards, because the relevant test procedure amendments will not take effect until the compliance date of energy conservation standards for combination cooler refrigeration products. Accordingly, manufacturers of combination cooler refrigeration products will continue to meet these current standards until the compliance date of any applicable MREF standards is reached—at which point, these products will be required to satisfy the new MREF standards. 3. Standby and Off Mode Energy Use EPCA directs DOE to amend its test procedures to include standby mode and off mode energy consumption. It also requires that this energy consumption be integrated into the overall energy consumption descriptor for the product, unless DOE determines that the current test procedures for the product already fully account for and incorporate the standby and off mode E:\FR\FM\18JYR2.SGM 18JYR2 46786 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations energy consumption of the covered product. (42 U.S.C. 6295(gg)(2)(A)(i)). The test procedures established in this final rule measure the energy use of the affected products during extended time periods that include periods when the compressor and other key components are cycled off. All of the energy these products use during the ‘‘off cycles’’ would be included in the measurements. A given refrigeration product being tested could include auxiliary features that draw power in a standby or off mode. In such instances, HRF–1–2008, which is incorporated in relevant part into the DOE test procedures, generally instructs manufacturers to set certain auxiliary features to the lowest power position during testing. In this lowest power position, any standby or off mode energy use of such auxiliary features would be included in the energy measurement. Hence, no additional test procedure changes are necessary to account for standby and off mode energy consumption. VII. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 The Office of Management and Budget (OMB) has determined that coverage determination and 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). Additionally, the definitions established in this document clarify the definitions of certain specific products already regulated by DOE and those products that are under consideration for potential regulatory coverage. Accordingly, this action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs (‘‘OIRA’’) in the OMB. asabaliauskas on DSK3SPTVN1PROD with RULES B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Fairness Act of 1996) requires preparation of an initial regulatory flexibility analysis (‘‘IRFA’’) for any rule that by law must be proposed for public comment and a final regulatory flexibility analysis (‘‘FRFA’’) for any such rule that an agency adopts as a final rule, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. A regulatory flexibility analysis examines the impact of the rule on small entities and VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 considers alternative ways of reducing negative effects. 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 this final rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. DOE has concluded that the rule would not have a significant impact on a substantial number of small entities. The factual basis for this certification is as follows: For manufacturers of consumer refrigeration products, the Small Business Administration (‘‘SBA’’) has set a size threshold, which defines those entities classified as ‘‘small businesses’’ for the purposes of the statute. DOE used the SBA’s size standards published on January 31, 1996, as amended, to determine whether any small entities would be required to comply with the rule. 61 FR 3280, 3286, as amended at 67 FR 3041, 3045 (Jan. 23, 2002) and at 69 FR 29192, 29203 (May 21, 2004); see also 65 FR 30836, 30850 (May 15, 2000), as amended at 65 FR 53533, 53545 (Sept. 5, 2000). 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. MREF manufacturers are classified under NAICS 335222, ‘‘Household Refrigerator and Home Freezer Manufacturing’’ and NAICS 333415, ‘‘Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing.’’ The SBA sets a threshold of 1,250 employees or less for an entity to be considered as a small business for NAICS 335222 and 333415. In this final rule, DOE establishes coverage and test procedures for MREFs, comprising coolers and combination cooler refrigeration products. As described in section VI.N.2, there are no current DOE energy conservation standards for MREFs; however, certain products that would be considered MREFs currently must meet and certify compliance with, existing refrigerator, refrigerator-freezer, and freezer energy conservation standards. PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 The test procedures established in this final rule may impact manufacturers who are required to test their products in accordance with these requirements. DOE has analyzed these impacts on small businesses and presents its findings below. DOE examined the potential impacts of the new testing procedures established in this rulemaking under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. In using these procedures, DOE conducted a more focused inquiry into small business manufacturers of products that would be covered by this proposal. During its market survey, DOE used all available public information to identify potential small manufacturers. DOE’s research involved reviewing product databases (e.g., CEC and NRCan databases) and individual company Web sites to create a list of companies that manufacture or sell MREFs. DOE reviewed these data to determine whether the entities met the SBA’s definition of a small business manufacturer of MREFs and screened out companies that: (1) Do not offer products that would be affected by the proposed amendments, (2) do not meet the definition of a ‘‘small business,’’ or (3) are foreign-owned and operated. Using the SBA’s definition, DOE identified two small businesses that would be affected by this final rule. From its analysis, DOE determined the expected impacts of the final rule on affected small businesses and whether DOE could certify that this rulemaking would not have a significant economic impact on a substantial number of small entities. This final rule establishes test procedures for manufacturers to use as a basis for representations of the energy efficiency of all coolers beginning on January 17, 2017, and of combination cooler refrigeration products starting on the effective date of energy conservation standards for those products. Coolers are currently regulated by the CEC and NRCan as wine chillers. DOE assumes that such products sold in California and/or Canada are the same products sold in the remaining states. Hence, manufacturers likely have already tested such products in order to report energy use to CEC and/or NRCan. The established test procedures modify the calculation of energy use for these products compared to the calculations used by these regulatory entities, but do not require retesting of individual models. With respect to manufacturers of combination cooler refrigeration products, these manufacturers already apply a test method (through a DOE- E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations granted test procedure waiver) that accounts for the warmer cooler compartment temperatures of these products. Similar to coolers, these products would require a modified calculation of energy use, but would not require retesting. For any products not currently tested by manufacturers, DOE estimates an average of $2,500 per test. This estimate is based on input from third-party testing laboratories for conducting these and similar tests. FSI commented that DOE’s estimate of $2,500 per test is too low, and that it had received quotes of $4,500 per test from two laboratories. (FSI, Test Procedure NOPR, No. 15 at pp. 4–5) As explained earlier in this section, DOE believes that all newly covered products that will be subject to the testing requirements established in this final rule are already tested according to similar test methods. Therefore, DOE does not expect this rule to require any additional manufacturer testing beyond what is currently in place. However, if additional testing were to be required, the costs would likely be within the range identified by DOE and the FSI comment. The primary cost for small businesses under this rulemaking would result from the aforementioned modified calculations and potential testing requirements. As mentioned above, existing cooler models that are being sold in the U.S. are assumed to have already been tested and would require only an adjustment of the calculated energy use. DOE estimated that 23 basic models of coolers are available from the identified small businesses. DOE estimated that revising the energy use representations for these products would require 220 hours of effort for each manufacturer. The average hourly salary for an engineer completing these tasks is estimated to be $44.36.11 Fringe benefits are estimated to be 30 percent of total compensation, which brings the hourly costs to employers associated with reviewing and filing of reports to $57.67.12 Therefore, total costs to small businesses to implement the requirements of this rulemaking are estimated to be $25,000, or an average of $12,500 per small business. DOE also analyzed the testing cost burden relative to the revenues of small manufacturers. Based on this analysis, DOE estimates that the cost burden for revising representations of coolers 11 U.S. Department of Labor, Bureau of Labor Statistics. 2011. National Occupational Employment and Wage Estimates. Washington, DC. 12 U.S. Department of Labor, Bureau of Labor Statistics. 2010. Employer Costs for Employee Compensation—Management, Professional, and Related Employees. Washington, DC. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 ranges from 0.02 to 0.04 percent of annual revenues, depending on the specific small business. DOE concludes that these values are unlikely to represent a significant economic impact for small businesses. Based on the criteria outlined above, DOE has determined that the test procedures established in this final rule 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 has transmitted its certification and supporting statement of factual basis for both the coverage determination and test procedure to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). C. Review Under the Paperwork Reduction Act of 1995 DOE’s coverage determination does not impose any new information or record-keeping requirements on manufacturers. Manufacturers of MREFs must test their products in accordance with the DOE test procedure and are required to retain records of that testing. Should DOE promulgate energy conservation standards for MREF products, manufacturers must certify to DOE that their products comply with any applicable energy conservation standards. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment. See 10 CFR part 429, subpart B. The collection-ofinformation 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 30 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 of 1969 DOE has determined that MREFs (as defined in this document) meet the criteria for classification as covered PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 46787 products and that future energy conservation standards may be warranted to regulate their energy usage. Should DOE pursue that option, the relevant environmental impacts would be explored as part of that rulemaking. Additionally, this final rule establishes test procedures for MREFs and amends the existing test procedures for refrigerators, refrigerator-freezers, and freezers. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and DOE’s implementing regulations at 10 CFR part 1021. First, this action establishes a class of products (‘‘MREFs’’) for which energy conservation standards would be appropriate. However, this action does not establish energy conservation standards, and, therefore, does not result in any environmental impacts. Thus, this action is covered by Categorical Exclusion A6 ‘‘Procedural rulemakings’’ under 10 CFR part 1021, subpart D. Second, this rule amends the existing test procedures without affecting the amount, quality or distribution of energy usage, and, therefore, will not result in any environmental impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any rulemaking that interprets or amends an existing rule without changing the environmental effect of that rule. Accordingly, under either of these exclusions, neither an environmental assessment nor an environmental impact statement is required. E. Review Under Executive Order 13132 Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE examined this final rule and has E:\FR\FM\18JYR2.SGM 18JYR2 46788 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations determined that it will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this 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. DOE notes that currently existing State and local level energy conservation standards for MREFs that were prescribed or enacted prior to the publication of any standards that DOE may set for these products will not be preempted until the compliance date of those Federal standards. (42 U.S.C. 6295(ii)(1)). asabaliauskas on DSK3SPTVN1PROD with RULES F. Review Under Executive Order 12988 Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ‘‘Civil Justice Reform,’’ 61 FR 4729 (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, this final rule meets the relevant standards of Executive Order 12988. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104–4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action resulting in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed ‘‘significant intergovernmental mandate,’’ and requires an agency plan for giving document 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 examined this final rule according to UMRA and its statement of 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. Accordingly, no further assessment or analysis is required under UMRA. 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 final rule will 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 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 (March 18, 1988), DOE determined that this final determination and final rule does not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB’s guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE’s guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgates 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 if the regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This regulatory action establishes coverage over MREFs and determines that they meet the criteria for a covered product for which the Secretary may prescribe an energy conservation standard pursuant to 42 U.S.C. 6295(o) and (p). Additionally, this action sets out certain definitions related to these products and test procedures to measure their energy efficiency. None of these actions, in part or as a whole, comprises a significant regulatory action under Executive Order 12866. Moreover, this rule will not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as E:\FR\FM\18JYR2.SGM 18JYR2 46789 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects. L. Review Under the Information Quality Bulletin for Peer Review On December 16, 2004, OMB, in consultation with the Office of Science and Technology Policy (‘‘OSTP’’), issued its Final Information Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (January 14, 2005). The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal government, including influential scientific information related to agency regulatory actions. The purpose of the Bulletin is to enhance the quality and credibility of the Government’s scientific information. DOE has determined that the analyses conducted for the regulatory action discussed in this document do not constitute ‘‘influential scientific information,’’ which the Bulletin defines as ‘‘scientific information the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions.’’ 70 FR 2667 (January 14, 2005). The analyses were subject to predissemination review prior to issuance of this rulemaking. DOE will determine the appropriate level of review that would apply to any future rulemaking to establish energy conservation standards for MREFs. M. Review Under Section 32 of the Federal Energy Administration Act of 1974 Under section 301 of the Department of Energy Organization Act (Pub. L. 95– 91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (FTC) concerning the impact of the commercial or industry standards on competition. DOE has complied with these requirements. N. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). VIII. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects appliances, Imports, Reporting and recordkeeping requirements. 10 CFR Part 430 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses. Issued in Washington, DC, on June 10, 2016. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and Renewable Energy. For the reasons stated in the preamble, DOE is amending parts 429 and 430 of chapter II of title 10, Code of Federal Regulations as set forth below: PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 429 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6317. 2. Section 429.12 is amended by revising the fifth entry of the table in paragraph (d) to read as follows: ■ § 429.12 General requirements applicable to certification reports. 10 CFR Part 429 Confidential business information, Energy conservation, Household * * * (d) * * * * Deadline for data submission Product category * * * * * * Residential refrigerators, Residential refrigerators-freezers, Residential freezers, Commercial refrigerator, freezer, and refrigerator-freezer, Automatic commercial automatic ice makers, Refrigerated bottled or canned beverage vending machine, Walk-in coolers, Walk-in freezers, and Miscellaneous refrigeration products. * * * * * * * * 3. Section 429.14 is amended by: a. Revising the section heading and paragraph (a)(3); and ■ b. Adding paragraphs (c) and (d), with paragraphs (c)(2) and (3) stayed indefinitely. The revisions and additions read as follows: ■ asabaliauskas on DSK3SPTVN1PROD with RULES ■ § 429.14 Consumer refrigerators, refrigerator-freezers and freezers. (a) * * * VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 * * (3) The value of total refrigerated volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the total refrigerated volumes measured for each tested unit of the basic model or the total refrigerated volume of the basic model as calculated in accordance with § 429.72(c). The value of adjusted total volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the adjusted total volumes measured for each tested unit of the basic model or the adjusted PO 00000 Frm 00023 Fmt 4701 * Sfmt 4700 * * Aug. 1. * total volume of the basic model as calculated in accordance with § 429.72(c). * * * * * (c) Rounding requirements for representative values, including certified and rated values. (1) The represented value of annual energy use must be rounded to the nearest kilowatt hour per year. (2) The represented value of total refrigerated volume must be rounded to the nearest 0.1 cubic foot. E:\FR\FM\18JYR2.SGM 18JYR2 § 429.61 Consumer miscellaneous refrigeration products. asabaliauskas on DSK3SPTVN1PROD with RULES (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to miscellaneous refrigeration products; and (2) For each basic model of miscellaneous refrigeration product, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated annual operating cost, energy consumption, or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: ¯ And, x is the sample mean; n is the number of samples; and xi is the ith sample; or (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 ¯ And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from appendix A of this subpart). and (ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: ¯ And, x is the sample mean; n is the number of samples; and xi is the ith sample; or (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: ¯ And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from appendix A of this subpart). (3) The value of total refrigerated volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the total refrigerated volumes measured for each tested unit of the basic model or the total refrigerated volume of the basic model as calculated in accordance with § 429.72(d). The value of adjusted total volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the adjusted total volumes measured for each tested unit of the basic model or the adjusted total volume of the basic model as calculated in accordance with § 429.72(d). (b) Certification reports. (1) The requirements of § 429.12 are applicable to miscellaneous refrigeration products; and (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The annual energy use in kilowatt hours per year (kWh/yr); the total refrigerated volume in cubic feet (cu ft) and the total adjusted volume in cubic feet (cu ft). (3) Pursuant to § 429.12(b)(13), a certification report coolers or combination cooler refrigeration products shall include the following additional product-specific information: PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 Whether the basic model has variable defrost control (in which case, manufacturers must also report the values, if any, of CTL and CTM (for an example, see section 5.2.1.3 in appendix A to subpart B of part 430 of this chapter) used in the calculation of energy consumption), whether the basic model has variable anti-sweat heater control (in which case, manufacturers must also report the values of heater Watts at the ten humidity levels 5%, 15%, through 95% used to calculate the variable anti-sweat heater ‘‘Correction Factor’’), and whether testing has been conducted with modifications to the standard temperature sensor locations specified by the figures referenced in section 5.1 of appendix A to subpart B of part 430 of this chapter. (c) Rounding requirements for representative values, including certified and rated values. (1) The represented value of annual energy use must be rounded to the nearest kilowatt hour per year. (2) The represented value of total refrigerated volume must be rounded to the nearest 0.1 cubic foot. (3) The represented value of adjusted total volume must be rounded to the nearest 0.1 cubic foot. (d) Product category determination. Each basic model of miscellaneous refrigeration product must be certified according to the appropriate product category as defined in § 430.2 based on compartment volumes and compartment temperatures. (1) Compartment volumes used to determine product category shall be the mean of the measured compartment volumes for each tested unit of the basic model according to the provisions in section 5.3 of appendix A to subpart B of part 430 of this chapter, or the compartment volumes of the basic model as calculated in accordance with § 429.72(d); and (2) Compartment temperatures used to determine product category shall be the mean of the measured compartment temperatures at the coldest setting for each tested unit of the basic model according to the provisions section 5.1 of appendix A to subpart B of part 430 of this chapter. For cooler compartments with temperatures below 39 °F (3.9 °C) but no lower than 37 °F (2.8 °C), the compartment temperatures used to determine product category shall also include the mean of the measured compartment temperatures at the warmest setting for each tested unit of the basic model according to the provisions section 5.1 of appendix A to subpart B of part 430 of this chapter. ■ 5. Section 429.72 is amended by adding paragraph (d) to read as follows: E:\FR\FM\18JYR2.SGM 18JYR2 ER18JY16.001</GPH> ER18JY16.002</GPH> (3) The represented value of adjusted total volume must be rounded to the nearest 0.1 cubic foot. (d) Product category determination. Each basic model shall be certified according to the appropriate product category as defined in § 430.2 based on compartment volumes and compartment temperatures. (1) Compartment volumes used to determine product category shall be the mean of the measured compartment volumes for each tested unit of the basic model according to the provisions in section 5.3 of appendix A of subpart B of part 430 of this chapter for refrigerators and refrigerator-freezers and section 5.3 of appendix B of subpart B of part 430 of this chapter for freezers, or the compartment volumes of the basic model as calculated in accordance with § 429.72(d); and (2) Compartment temperatures used to determine product category shall be the mean of the measured compartment temperatures at the coldest setting for each tested unit of the basic model according to the provisions section 5.1 of appendix A of subpart B of part 430 of this chapter for refrigerators and refrigerator-freezers and section 5.1 of appendix B of subpart B of part 430 of this chapter for freezers. ■ 4. Section 429.61 is added to read as follows: ER18JY16.003</GPH> Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations ER18JY16.000</GPH> 46790 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations § 429.72 Alternative methods for determining non-energy ratings. * * * * * (d) Miscellaneous refrigeration products. The total refrigerated volume of a miscellaneous refrigeration product basic model may be determined by performing a calculation of the volume based upon computer-aided design (CAD) models of the basic model in lieu of physical measurements of a production unit of the basic model. Any value of total adjusted volume and value of total refrigerated volume of a basic model reported to DOE in a certification of compliance in accordance with § 429.61(b)(2) must be calculated using the CAD-derived volume(s) and the applicable provisions in the test procedures in part 430 of this chapter for measuring volume. The calculated value must be within two percent, or 0.5 cubic feet (0.2 cubic feet for products with total refrigerated volume less than 7.75 cubic feet (220 liters)), whichever is greater, of the volume of a production unit of the basic model measured in accordance with the applicable test procedure in part 430 of this chapter. ■ 6. Section 429.134 is amended by revising paragraph (b)(1)(ii)(B) and adding paragraph (l) to read as follows: § 429.134 Product-specific enforcement provisions. asabaliauskas on DSK3SPTVN1PROD with RULES * * * * * (b) * * * (1) * * * (ii) * * * (B) If the certified total refrigerated volume is found to be invalid, the average measured adjusted total volume, rounded to the nearest 0.1 cubic foot, will serve as the basis for calculation of maximum allowed energy use for the tested basic model. * * * * * (l) Miscellaneous refrigeration products—(1) Verification of total refrigerated volume. For all miscellaneous refrigeration products, the total refrigerated volume of the basic model will be measured pursuant to the test requirements of part 430 of this chapter for each unit tested. The results of the measurement(s) will be averaged and compared to the value of total refrigerated volume certified by the manufacturer. The certified total refrigerated volume will be considered valid only if: (i) The measurement is within two percent, or 0.5 cubic feet (0.2 cubic feet for products with total refrigerated volume less than 7.75 cubic feet (220 liters)), whichever is greater, of the certified total refrigerated volume; or (ii) The measurement is greater than the certified total refrigerated volume. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 (A) If the certified total refrigerated volume is found to be valid, the certified adjusted total volume will be used as the basis for calculating the maximum allowed energy use for the tested basic model. (B) If the certified total refrigerated volume is found to be invalid, the average measured adjusted total volume, rounded to the nearest 0.1 cubic foot, will serve as the basis for calculating the maximum allowed energy use for the tested basic model. (2) Test for models with two compartments, each having its own user-operable temperature control. The test described in section 3.3 of the applicable test procedure in appendix A to subpart B part 430 of this chapter shall be used for all units of a tested basic model before DOE makes a determination of noncompliance with respect to the basic model. PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 7. The authority citation for part 430 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 2461 note. 8. Section 430.2 is amended by: a. Adding, in alphabetical order, definitions for ‘‘all-refrigerator,’’ ‘‘builtin compact cooler,’’ ‘‘built-in cooler,’’ ‘‘combination cooler refrigeration product,’’ ‘‘consumer refrigeration product,’’ ‘‘cooler,’’ ‘‘cooler-allrefrigerator,’’ ‘‘cooler-freezer,’’ ‘‘coolerrefrigerator,’’ ‘‘cooler-refrigeratorfreezer,’’ ‘‘freestanding compact cooler,’’ ‘‘freestanding cooler,’’ and ‘‘miscellaneous refrigeration product’’; ■ b. Revising the definitions for ‘‘covered product,’’ ‘‘freezer,’’ ‘‘refrigerator,’’ and ‘‘refrigeratorfreezer’’; and ■ c. Removing the definitions for ‘‘electric refrigerator’’ and ‘‘electric refrigerator-freezer.’’ The additions and revisions read as follows: ■ ■ § 430.2 Definitions. * * * * * All-refrigerator means a refrigerator that does not include a compartment capable of maintaining compartment temperatures below 32 °F (0 °C) as determined according to the provisions in § 429.14(d)(2) of this chapter. It may include a compartment of 0.50 cubicfoot capacity (14.2 liters) or less for the freezing and storage of ice. * * * * * Built-in compact cooler means any cooler with a total refrigerated volume PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 46791 less than 7.75 cubic feet and no more than 24 inches in depth, excluding doors, handles, and custom front panels, that is designed, intended, and marketed exclusively to be: (1) Installed totally encased by cabinetry or panels that are attached during installation; (2) Securely fastened to adjacent cabinetry, walls or floor; (3) Equipped with unfinished sides that are not visible after installation; and (4) Equipped with an integral factoryfinished face or built to accept a custom front panel. Built-in cooler means any cooler with a total refrigerated volume of 7.75 cubic feet or greater and no more than 24 inches in depth, excluding doors, handles, and custom front panels; that is designed, intended, and marketed exclusively to be: (1) Installed totally encased by cabinetry or panels that are attached during installation; (2) Securely fastened to adjacent cabinetry, walls or floor; (3) Equipped with unfinished sides that are not visible after installation; and (4) Equipped with an integral factoryfinished face or built to accept a custom front panel. * * * * * Combination cooler refrigeration product means any cooler-refrigerator, cooler-refrigerator-freezer, or coolerfreezer. * * * * * Consumer refrigeration product means a refrigerator, refrigerator-freezer, freezer, or miscellaneous refrigeration product. * * * * * Cooler means a cabinet, used with one or more doors, that has a source of refrigeration capable of operating on single-phase, alternating current and is capable of maintaining compartment temperatures either: (1) No lower than 39 °F (3.9 °C); or (2) In a range that extends no lower than 37 °F (2.8 °C) but at least as high as 60 °F (15.6 °C) as determined according to the applicable provisions in § 429.61(d)(2) of this chapter. Cooler-all-refrigerator means a coolerrefrigerator that does not include a compartment capable of maintaining compartment temperatures below 32 °F (0 °C) as determined according to the provisions in § 429.61(d)(2) of this chapter. It may include a compartment of 0.50 cubic-foot capacity (14.2 liters) or less for the freezing and storage of ice. Cooler-freezer means a cabinet, used with one or more doors, that has a source of refrigeration that requires E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES 46792 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations single-phase, alternating current electric energy input only, and consists of two or more compartments, including at least one cooler compartment as defined in appendix A of subpart B of this part, where the remaining compartment(s) are capable of maintaining compartment temperatures at 0 °F (¥17.8 °C) or below as determined according to the provisions in § 429.61(d)(2) of this chapter. Cooler-refrigerator means a cabinet, used with one or more doors, that has a source of refrigeration that requires single-phase, alternating current electric energy input only, and consists of two or more compartments, including at least one cooler compartment as defined in appendix A of subpart B of this part, where: (1) At least one of the remaining compartments is not a cooler compartment as defined in appendix A of subpart B of this part and is capable of maintaining compartment temperatures above 32 °F (0 °C) and below 39 °F (3.9 °C) as determined according to § 429.61(d)(2) of this chapter; (2) The cabinet may also include a compartment capable of maintaining compartment temperatures below 32 °F (0 °C) as determined according to § 429.61(d)(2) of this chapter; but (3) The cabinet does not provide a separate low temperature compartment capable of maintaining compartment temperatures below 8 °F (¥13.3 °C) as determined according to § 429.61(d)(2) of this chapter. Cooler-refrigerator-freezer means a cabinet, used with one or more doors, that has a source of refrigeration that requires single-phase, alternating current electric energy input only, and consists of three or more compartments, including at least one cooler compartment as defined in appendix A of subpart B of this part, where: (1) At least one of the remaining compartments is not a cooler compartment as defined in appendix A of subpart B of this part and is capable of maintaining compartment temperatures above 32 °F (0 °C) and below 39 °F (3.9 °C) as determined according to § 429.61(d)(2) of this chapter; and (2) At least one other compartment is capable of maintaining compartment temperatures below 8 °F (¥13.3 °C) and may be adjusted by the user to a temperature of 0 °F (¥17.8 °C) or below as determined according to § 429.61(d)(2) of this chapter. * * * * * Covered product means a consumer product— VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 (1) Of a type specified in section 322 of the Act; or (2) That is a ceiling fan, ceiling fan light kit, medium base compact fluorescent lamp, dehumidifier, battery charger, external power supply, torchiere, portable air conditioner, or miscellaneous refrigeration product. * * * * * Freestanding compact cooler means any cooler, excluding built-in compact coolers, with a total refrigerated volume less than 7.75 cubic feet. Freestanding cooler means any cooler, excluding built-in coolers, with a total refrigerated volume of 7.75 cubic feet or greater. Freezer means a cabinet, used with one or more doors, that has a source of refrigeration that requires single-phase, alternating current electric energy input only and is capable of maintaining compartment temperatures of 0 °F (¥17.8 °C) or below as determined according to the provisions in § 429.14(d)(2) of this chapter. It does not include any refrigerated cabinet that consists solely of an automatic ice maker and an ice storage bin arranged so that operation of the automatic icemaker fills the bin to its capacity. However, the term does not include: (1) Any product that does not include a compressor and condenser unit as an integral part of the cabinet assembly; or (2) Any miscellaneous refrigeration product that must comply with an applicable miscellaneous refrigeration product energy conservation standard. * * * * * Miscellaneous refrigeration product means a consumer refrigeration product other than a refrigerator, refrigeratorfreezer, or freezer, which includes coolers and combination cooler refrigeration products. * * * * * Refrigerator means a cabinet, used with one or more doors, that has a source of refrigeration that requires single-phase, alternating current electric energy input only and is capable of maintaining compartment temperatures above 32 °F (0 °C) and below 39 °F (3.9 °C) as determined according to § 429.14(d)(2) of this chapter. A refrigerator may include a compartment capable of maintaining compartment temperatures below 32 °F (0 °C), but does not provide a separate low temperature compartment capable of maintaining compartment temperatures below 8 °F (¥13.3 °C) as determined according to § 429.14(d)(2). However, the term does not include: (1) Any product that does not include a compressor and condenser unit as an integral part of the cabinet assembly; PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 (2) A cooler; or (3) Any miscellaneous refrigeration product that must comply with an applicable miscellaneous refrigeration product energy conservation standard. Refrigerator-freezer means a cabinet, used with one or more doors, that has a source of refrigeration that requires single-phase, alternating current electric energy input only and consists of two or more compartments where at least one of the compartments is capable of maintaining compartment temperatures above 32 °F (0 °C) and below 39 °F (3.9 °C) as determined according to § 429.14(d)(2) of this chapter, and at least one other compartment is capable of maintaining compartment temperatures of 8 °F (¥13.3 °C) and may be adjusted by the user to a temperature of 0 °F (¥17.8 °C) or below as determined according to § 429.14(d)(2). However, the term does not include: (1) Any product that does not include a compressor and condenser unit as an integral part of the cabinet assembly; or (2) Any miscellaneous refrigeration product that must comply with an applicable miscellaneous refrigeration product energy conservation standard. * * * * * § 430.3 [Amended] 9. Section 430.3 is amended by: a. Removing paragraph (i)(5); and b. Redesignating paragraphs (i)(6) through (8) as paragraphs (i)(5) through (7). ■ 10. Section 430.23 is amended by: ■ a. Revising paragraphs (a) and (b); and ■ b. Adding paragraph (dd). The revisions and additions read as follows: ■ ■ ■ § 430.23 Test procedures for the measurement of energy and water consumption. * * * * * (a) Refrigerators and refrigeratorfreezers. (1) The estimated annual operating cost for models without an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (2) The estimated annual operating cost for models with an anti-sweat E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) Half the sum of the average percycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (3) The estimated annual operating cost for any other specified cycle type shall be the product of the following three factors, the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the specified cycle type, determined according to section 6.2 of appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (4) The energy factor, expressed in cubic feet per kilowatt-hour per cycle, shall be: (i) For models without an anti-sweat heater switch, the quotient of: (A) The adjusted total volume in cubic feet, determined according to section 6.1 of appendix A of this subpart, divided by— (B) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart, the resulting quotient then being rounded to the second decimal place; and (ii) For models having an anti-sweat heater switch, the quotient of: (A) The adjusted total volume in cubic feet, determined according to 6.1 of appendix A of this subpart, divided by— (B) Half the sum of the average percycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart, the resulting quotient then being rounded to the second decimal place. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 (5) The annual energy use, expressed in kilowatt-hours per year, shall be the following, rounded to the nearest kilowatt-hour per year: (i) For models without an anti-sweat heater switch, the representative average use cycle of 365 cycles per year multiplied by the average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart; and (ii) For models having an anti-sweat heater switch, the representative average use cycle of 365 cycles per year multiplied by half the sum of the average per-cycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatthours per cycle, determined according to section 6.2 of appendix A of this subpart. (6) Other useful measures of energy consumption shall be those measures of energy consumption that the Secretary determines are likely to assist consumers in making purchasing decisions which are derived from the application of appendix A of this subpart. (7) The following principles of interpretation shall be applied to the test procedure. The intent of the energy test procedure is to simulate typical room conditions (72 °F (22.2 °C)) with door openings, by testing at 90 °F (32.2 °C) without door openings. Except for operating characteristics that are affected by ambient temperature (for example, compressor percent run time), the unit, when tested under this test procedure, shall operate in a manner equivalent to the unit’s operation while in typical room conditions. (i) The energy used by the unit shall be calculated when a calculation is provided by the test procedure. Energy consuming components that operate in typical room conditions (including as a result of door openings, or a function of humidity), and that are not excluded by this test procedure, shall operate in an equivalent manner during energy testing under this test procedure, or be accounted for by all calculations as provided for in the test procedure. Examples: (A) Energy saving features that are designed to operate when there are no door openings for long periods of time shall not be functional during the energy test. (B) The defrost heater shall neither function nor turn off differently during the energy test than it would when in typical room conditions. Also, the PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 46793 product shall not recover differently during the defrost recovery period than it would in typical room conditions. (C) Electric heaters that would normally operate at typical room conditions with door openings shall also operate during the energy test. (D) Energy used during adaptive defrost shall continue to be measured and adjusted per the calculation provided in this test procedure. (ii) DOE recognizes that there may be situations that the test procedures do not completely address. In such cases, a manufacturer must obtain a waiver in accordance with the relevant provisions of 10 CFR part 430 if: (A) A product contains energy consuming components that operate differently during the prescribed testing than they would during representative average consumer use; and (B) Applying the prescribed test to that product would evaluate it in a manner that is unrepresentative of its true energy consumption (thereby providing materially inaccurate comparative data). (b) Freezers. (1) The estimated annual operating cost for freezers without an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix B of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (2) The estimated annual operating cost for freezers with an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) Half the sum of the average percycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to section 6.2 of appendix B of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (3) The estimated annual operating cost for any other specified cycle type for freezers shall be the product of the E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES 46794 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the specified cycle type, determined according to section 6.2 of appendix B of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (4) The energy factor for freezers, expressed in cubic feet per kilowatthour per cycle, shall be: (i) For freezers not having an antisweat heater switch, the quotient of: (A) The adjusted net refrigerated volume in cubic feet, determined according to section 6.1 of appendix B of this subpart, divided by— (B) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to 6.2 of appendix B of this subpart, with the resulting quotient then being rounded to the second decimal place; and (ii) For freezers having an anti-sweat heater switch, the quotient of: (A) The adjusted net refrigerated volume in cubic feet, determined according to section 6.1 of appendix B of this subpart, divided by— (B) Half the sum of the average percycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to section 6.2 of appendix B of this subpart, with the resulting quotient then being rounded to the second decimal place. (5) The annual energy use of all freezers, expressed in kilowatt-hours per year, shall be the following, rounded to the nearest kilowatt-hour per year: (i) For freezers not having an antisweat heater switch, the representative average use cycle of 365 cycles per year multiplied by the average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix B of this subpart; and (ii) For freezers having an anti-sweat heater switch, the representative average use cycle of 365 cycles per year multiplied by half the sum of the average per-cycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatthours per cycle, determined according VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 to section 6.2 of appendix B of this subpart. (6) Other useful measures of energy consumption for freezers shall be those measures the Secretary determines are likely to assist consumers in making purchasing decisions and are derived from the application of appendix B of this subpart. (7) The following principles of interpretation shall be applied to the test procedure. The intent of the energy test procedure is to simulate typical room conditions (72 °F (22.2 °C)) with door openings by testing at 90 °F (32.2 °C) without door openings. Except for operating characteristics that are affected by ambient temperature (for example, compressor percent run time), the unit, when tested under this test procedure, shall operate in a manner equivalent to the unit’s operation while in typical room conditions. (i) The energy used by the unit shall be calculated when a calculation is provided by the test procedure. Energy consuming components that operate in typical room conditions (including as a result of door openings, or a function of humidity), and that are not excluded by this test procedure, shall operate in an equivalent manner during energy testing under this test procedure, or be accounted for by all calculations as provided for in the test procedure. Examples: (A) Energy saving features that are designed to operate when there are no door openings for long periods of time shall not be functional during the energy test. (B) The defrost heater shall neither function nor turn off differently during the energy test than it would when in typical room conditions. Also, the product shall not recover differently during the defrost recovery period than it would in typical room conditions. (C) Electric heaters that would normally operate at typical room conditions with door openings shall also operate during the energy test. (D) Energy used during adaptive defrost shall continue to be measured and adjusted per the calculation provided for in this test procedure. (ii) DOE recognizes that there may be situations that the test procedures do not completely address. In such cases, a manufacturer must obtain a waiver in accordance with the relevant provisions of this part if: (A) A product contains energy consuming components that operate differently during the prescribed testing than they would during representative average consumer use; and (B) Applying the prescribed test to that product would evaluate it in a PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 manner that is unrepresentative of its true energy consumption (thereby providing materially inaccurate comparative data). * * * * * (dd) Coolers and combination cooler refrigeration products. (1) The estimated annual operating cost for models without an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (2) The estimated annual operating cost for models with an anti-sweat heater switch shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) Half the sum of the average percycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (3) The estimated annual operating cost for any other specified cycle type shall be the product of the following three factors, with the resulting product then being rounded to the nearest dollar per year: (i) The representative average-use cycle of 365 cycles per year; (ii) The average per-cycle energy consumption for the specified cycle type, determined according to section 6.2 of appendix A to this subpart; and (iii) The representative average unit cost of electricity in dollars per kilowatt-hour as provided by the Secretary. (4) The energy factor, expressed in cubic feet per kilowatt-hour per cycle, shall be: (i) For models without an anti-sweat heater switch, the quotient of: (A) The adjusted total volume in cubic feet, determined according to E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations section 6.1 of appendix A of this subpart, divided by— (B) The average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart, with the resulting quotient then being rounded to the second decimal place; and (ii) For models having an anti-sweat heater switch, the quotient of: (A) The adjusted total volume in cubic feet, determined according to section 6.1 of appendix A of this subpart, divided by— (B) Half the sum of the average percycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart, with the resulting quotient then being rounded to the second decimal place. (5) The annual energy use, expressed in kilowatt-hours per year, shall be the following, rounded to the nearest kilowatt-hour per year: (i) For models without an anti-sweat heater switch, the representative average use cycle of 365 cycles per year multiplied by the average per-cycle energy consumption for the standard cycle in kilowatt-hours per cycle, determined according to section 6.2 of appendix A of this subpart; and (ii) For models having an anti-sweat heater switch, the representative average use cycle of 365 cycles per year multiplied by half the sum of the average per-cycle energy consumption for the standard cycle and the average per-cycle energy consumption for a test cycle type with the anti-sweat heater switch in the position set at the factory just before shipping, each in kilowatthours per cycle, determined according to section 6.2 of appendix A of this subpart. (6) Other useful measures of energy consumption shall be those measures of energy consumption that the Secretary determines are likely to assist consumers in making purchasing decisions which are derived from the application of appendix A of this subpart. (7) The following principles of interpretation shall be applied to the test procedure. The intent of the energy test procedure is to simulate operation in typical room conditions (72 °F (22.2 °C)) with door openings by testing at 90 °F (32.2 °C) ambient temperature without door openings. Except for operating characteristics that are affected by ambient temperature (for VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 example, compressor percent run time), the unit, when tested under this test procedure, shall operate in a manner equivalent to the unit’s operation while in typical room conditions. (i) The energy used by the unit shall be calculated when a calculation is provided by the test procedure. Energy consuming components that operate in typical room conditions (including as a result of door openings, or a function of humidity), and that are not excluded by this test procedure, shall operate in an equivalent manner during energy testing under this test procedure, or be accounted for by all calculations as provided for in the test procedure. Examples: (A) Energy saving features that are designed to operate when there are no door openings for long periods of time shall not be functional during the energy test. (B) The defrost heater shall neither function nor turn off differently during the energy test than it would when in typical room conditions. Also, the product shall not recover differently during the defrost recovery period than it would in typical room conditions. (C) Electric heaters that would normally operate at typical room conditions with door openings shall also operate during the energy test. (D) Energy used during adaptive defrost shall continue to be measured and adjusted per the calculation provided for in this test procedure. (ii) DOE recognizes that there may be situations that the test procedures do not completely address. In such cases, a manufacturer must obtain a waiver in accordance with the relevant provisions of this part if: (A) A product contains energy consuming components that operate differently during the prescribed testing than they would during representative average consumer use; and (B) Applying the prescribed test to that product would evaluate it in a manner that is unrepresentative of its true energy consumption (thereby providing materially inaccurate comparative data). (8) For non-compressor models, ‘‘compressor’’ and ‘‘compressor cycles’’ as used in appendix A of this subpart shall be interpreted to mean ‘‘refrigeration system’’ and ‘‘refrigeration system cycles,’’ respectively. ■ 11. Appendix A to subpart B is amended by revising the heading, introductory text and sections 1, 2, 3, 4.2.1.1, 4.2.1.2, 5, 6, and 7 to read as follows: PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 46795 Appendix A to Subpart B of Part 430— Uniform Test Method for Measuring the Energy Consumption of Refrigerators, Refrigerator-Freezers, and Miscellaneous Refrigeration Products Note: For refrigerators and refrigeratorfreezers, the rounding requirements specified in sections 5.3.e and 6.1 of this appendix are not required for use until the compliance date of any amended energy conservation standards for these products. For combination cooler refrigeration products, manufacturers must use the test procedures in this appendix for all representations of energy use starting on the compliance date of any energy conservation standards for these products. For all other miscellaneous refrigeration products (e.g. coolers), manufacturers must use the test procedures in this appendix for all representations of energy use on or after January 17, 2017. 1. Definitions Section 3, Definitions, of HRF–1–2008 (incorporated by reference; see § 430.3) applies to this test procedure, except that the term ‘‘wine chiller’’ means ‘‘cooler’’ as defined in § 430.2 and the term ‘‘wine chiller compartment’’ means ‘‘cooler compartment’’ as defined in this appendix. Anti-sweat heater means a device incorporated into the design of a product to prevent the accumulation of moisture on the exterior or interior surfaces of the cabinet. Anti-sweat heater switch means a usercontrollable switch or user interface which modifies the activation or control of antisweat heaters. AS/NZS 4474.1:2007 means Australian/ New Zealand Standard 4474.1:2007, Performance of household electrical appliances—Refrigerating appliances, Part 1: Energy consumption and performance. Only sections of AS/NZS 4474.1:2007 (incorporated by reference; see § 430.3) specifically referenced in this test procedure are part of this test procedure. In cases where there is a conflict, the language of the test procedure in this appendix takes precedence over AS/NZS 4474.1:2007. Automatic defrost means a system in which the defrost cycle is automatically initiated and terminated, with resumption of normal refrigeration at the conclusion of the defrost operation. The system automatically prevents the permanent formation of frost on all refrigerated surfaces. Automatic icemaker means a device that can be supplied with water without user intervention, either from a pressurized water supply system or by transfer from a water reservoir located inside the cabinet, that automatically produces, harvests, and stores ice in a storage bin, with means to automatically interrupt the harvesting operation when the ice storage bin is filled to a pre-determined level. Cooler compartment means a refrigerated compartment designed exclusively for wine or other beverages within a consumer refrigeration product that is capable of maintaining compartment temperatures either (a) no lower than 39 °F (3.9 °C), or (b) in a range that extends no lower than 37 °F (2.8 °C) but at least as high as 60 °F (15.6 °C) E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES 46796 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations as determined according to § 429.14(d)(2) or § 429.61(d)(2) of this chapter. Complete temperature cycle means a time period defined based upon the cycling of compartment temperature that starts when the compartment temperature is at a maximum and ends when the compartment temperature returns to an equivalent maximum (within 0.5 °F of the starting temperature), having in the interim fallen to a minimum and subsequently risen again to reach the second maximum. Alternatively, a complete temperature cycle can be defined to start when the compartment temperature is at a minimum and ends when the compartment temperature returns to an equivalent minimum (within 0.5 °F of the starting temperature), having in the interim risen to a maximum and subsequently fallen again to reach the second minimum. Cycle means a 24-hour period for which the energy use of a product is calculated based on the consumer-activated compartment temperature controls being set to maintain the standardized temperatures (see section 3.2 of this appendix). Cycle type means the set of test conditions having the calculated effect of operating a product for a period of 24 hours, with the consumer-activated controls, other than those that control compartment temperatures, set to establish various operating characteristics. Defrost cycle type means a distinct sequence of control whose function is to remove frost and/or ice from a refrigerated surface. There may be variations in the defrost control sequence, such as the number of defrost heaters energized. Each such variation establishes a separate, distinct defrost cycle type. However, defrost achieved regularly during the compressor off-cycles by warming of the evaporator without active heat addition, although a form of automatic defrost, does not constitute a unique defrost cycle type for the purposes of identifying the test period in accordance with section 4 of this appendix. HRF–1–2008 means AHAM Standard HRF– 1–2008, Association of Home Appliance Manufacturers, Energy and Internal Volume of Refrigerating Appliances (2008), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet issued November 17, 2009. Only sections of HRF–1–2008 (incorporated by reference; see § 430.3) specifically referenced in this test procedure are part of this test procedure. In cases where there is a conflict, the language of the test procedure in this appendix takes precedence over HRF–1–2008. Ice storage bin means a container in which ice can be stored. Long-time automatic defrost means an automatic defrost system whose successive defrost cycles are separated by 14 hours or more of compressor operating time. Multiple-compressor product means a consumer refrigeration product with more than one compressor. Multiple refrigeration system product means a multiple-compressor product or a miscellaneous refrigeration product with more than one refrigeration system for which the operation of the systems is not coordinated. For non-compressor multiple refrigeration system products, ‘‘multiple- VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 compressor product’’ as used in this appendix shall be interpreted to mean ‘‘multiple refrigeration system product.’’ Precooling means operating a refrigeration system before initiation of a defrost cycle to reduce one or more compartment temperatures significantly (more than 0.5 °F) below its minimum during stable operation between defrosts. Recovery means operating a refrigeration system after the conclusion of a defrost cycle to reduce the temperature of one or more compartments to the temperature range that the compartment(s) exhibited during stable operation between defrosts. Separate auxiliary compartment means a separate freezer, fresh food, or cooler compartment that is not the primary freezer, primary fresh food, or primary cooler compartment. Separate auxiliary compartments may also be convertible (e.g., from fresh food to freezer). Separate auxiliary compartments may not be larger than the primary compartment of their type, but such size restrictions do not apply to separate auxiliary convertible compartments. Special compartment means any compartment other than a butter conditioner or a cooler compartment, without doors directly accessible from the exterior, and with separate temperature control (such as crispers convertible to meat keepers) that is not convertible from the fresh food temperature range to the freezer temperature range. Stable operation means operation after steady-state conditions have been achieved but excluding any events associated with defrost cycles. During stable operation the average rate of change of compartment temperatures must not exceed 0.042 °F (0.023 °C) per hour for all compartment temperatures. Such a calculation performed for compartment temperatures at any two times, or for any two periods of time comprising complete cycles, during stable operation must meet this requirement. (a) If compartment temperatures do not cycle, the relevant calculation shall be the difference between the temperatures at two points in time divided by the difference, in hours, between those points in time. (b) If compartment temperatures cycle as a result of compressor cycling or other cycling operation of any system component (e.g., a damper, fan, heater, etc.), the relevant calculation shall be the difference between compartment temperature averages evaluated for the whole compressor cycles or complete temperature cycles divided by the difference, in hours, between either the starts, ends, or mid-times of the two cycles. Stabilization period means the total period of time during which steady-state conditions are being attained or evaluated. Standard cycle means the cycle type in which the anti-sweat heater control, when provided, is set in the highest energyconsuming position. Through-the-door ice/water dispenser means a device incorporated within the cabinet, but outside the boundary of the refrigerated space, that delivers to the user on demand ice and may also deliver water from within the refrigerated space without opening an exterior door. This definition PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 includes dispensers that are capable of dispensing ice and water or ice only. Variable anti-sweat heater control means an anti-sweat heater control that varies the average power input of the anti-sweat heater(s) based on operating condition variable(s) and/or ambient condition variable(s). Variable defrost control means an automatic defrost system in which successive defrost cycles are determined by an operating condition variable (or variables) other than solely compressor operating time. This includes any electrical or mechanical device performing this function. A control scheme that changes the defrost interval from a fixed length to an extended length (without any intermediate steps) is not considered a variable defrost control. A variable defrost control feature predicts the accumulation of frost on the evaporator and reacts accordingly. Therefore, the times between defrost must vary with different usage patterns and include a continuum of periods between defrosts as inputs vary. 2. Test Conditions 2.1 Ambient Temperature Measurement. Temperature measuring devices shall be shielded so that indicated temperatures are not affected by the operation of the condensing unit or adjacent units. 2.1.1 Ambient Temperature. Measure and record the ambient temperature at points located 3 feet (91.5 cm) above the floor and 10 inches (25.4 cm) from the center of the two sides of the unit under test. The ambient temperature shall be 90.0 ± 1 °F (32.2 ± 0.6 °C) during the stabilization period and the test period. 2.1.2 Ambient Temperature Gradient. The test room vertical ambient temperature gradient in any foot of vertical distance from 2 inches (5.1 cm) above the floor or supporting platform to a height of 1 foot (30.5 cm) above the top of the unit under test is not to exceed 0.5 °F per foot (0.9 °C per meter). The vertical ambient temperature gradient at locations 10 inches (25.4 cm) out from the centers of the two sides of the unit being tested is to be maintained during the test. To demonstrate that this requirement has been met, test data must include measurements taken using temperature sensors at locations 10 inches (25.4 cm) from the center of the two sides of the unit under test at heights of 2 inches (5.1 cm) and 36 inches (91.4 cm) above the floor or supporting platform and at a height of 1 foot (30.5 cm) above the unit under test. 2.1.3 Platform. A platform must be used if the floor temperature is not within 3 °F (1.7 °C) of the measured ambient temperature. If a platform is used, it is to have a solid top with all sides open for air circulation underneath, and its top shall extend at least 1 foot (30.5 cm) beyond each side and the front of the unit under test and extend to the wall in the rear. 2.2 Operational Conditions. The unit under test shall be installed and its operating conditions maintained in accordance with HRF–1–2008 (incorporated by reference; see § 430.3), sections 5.3.2 through 5.5.5.5 (excluding section 5.5.5.4). Exceptions and clarifications to the cited sections of HRF–1– E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 2008 are noted in sections 2.3 through 2.8 and 5.1 of this appendix. 2.3 Anti-Sweat Heaters. The anti-sweat heater switch is to be on during one test and off during a second test. In the case of a unit equipped with variable anti-sweat heater control, the standard cycle energy use shall be the result of the calculation described in section 6.2.5 of this appendix. 2.4 Conditions for Automatic Defrost Refrigerator-Freezers, Cooler-RefrigeratorFreezers and Cooler-Freezers. For these products, the freezer compartments shall not be loaded with any frozen food packages during testing. Cylindrical metallic masses of dimensions 1.12 ± 0.25 inches (2.9 ± 0.6 cm) in diameter and height shall be attached in good thermal contact with each temperature sensor within the refrigerated compartments. All temperature measuring sensor masses shall be supported by low-thermalconductivity supports in such a manner to ensure that there will be at least 1 inch (2.5 cm) of air space separating the thermal mass from contact with any interior surface or hardware inside the cabinet. In case of interference with hardware at the sensor locations specified in section 5.1 of this appendix, the sensors shall be placed at the nearest adjacent location such that there will be a 1-inch air space separating the sensor mass from the hardware. 2.5 Conditions for All-Refrigerators and Cooler-All-Refrigerators. There shall be no load in the freezer compartment during the test. 2.6 The cabinet and its refrigerating mechanism shall be assembled and set up in accordance with the printed consumer instructions supplied with the cabinet. Setup of the test unit shall not deviate from these instructions, unless explicitly required or allowed by this test procedure. Specific required or allowed deviations from such setup include the following: (a) Connection of water lines and installation of water filters are not required; (b) Clearance requirements from surfaces of the product shall be as described in section 2.8 of this appendix; (c) The electric power supply shall be as described in HRF–1–2008 (incorporated by reference; see § 430.3), section 5.5.1; (d) Temperature control settings for testing shall be as described in section 3 of this appendix. Settings for convertible compartments and other temperaturecontrollable or special compartments shall be as described in section 2.7 of this appendix; (e) The product does not need to be anchored or otherwise secured to prevent tipping during energy testing; (f) All the product’s chutes and throats required for the delivery of ice shall be free of packing, covers, or other blockages that may be fitted for shipping or when the icemaker is not in use; and (g) Ice storage bins shall be emptied of ice. For cases in which set-up is not clearly defined by this test procedure, manufacturers must submit a petition for a waiver (see section 7 of this appendix). 2.7 Compartments that are convertible (e.g., from fresh food to freezer or cooler) shall be operated in the highest energy use position. A compartment may be considered VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 to be convertible to a cooler compartment if it is capable of maintaining compartment temperatures at least as high as 55 °F (12.8 °C) and also capable of operating at storage temperatures less than 37 °F. For the special case of convertible separate auxiliary compartments, this means that the compartment shall be treated as a freezer compartment, a fresh food compartment, or a cooler compartment, depending on which of these represents the highest energy use. Special compartments shall be tested with controls set to provide the coldest temperature. However, for special compartments in which temperature control is achieved using the addition of heat (including resistive electric heating, refrigeration system waste heat, or heat from any other source, but excluding the transfer of air from another part of the interior of the product) for any part of the controllable temperature range of that compartment, the product energy use shall be determined by averaging two sets of tests. The first set of tests shall be conducted with such special compartments at their coldest settings, and the second set of tests shall be conducted with such special compartments at their warmest settings. The requirements for the warmest or coldest temperature settings of this section do not apply to features or functions associated with temperature controls (such as fast chill compartments) that are initiated manually and terminated automatically within 168 hours. Movable subdividing barriers that separate compartments shall be placed in the median position. If such a subdividing barrier has an even number of positions, the near-median position representing the smallest volume of the warmer compartment(s) shall be used. 2.8 Rear Clearance. (a) General. The space between the lowest edge of the rear plane of the cabinet and a vertical surface (the test room wall or simulated wall) shall be the minimum distance in accordance with the manufacturer’s instructions, unless other provisions of this section apply. The rear plane shall be considered to be the largest flat surface at the rear of the cabinet, excluding features that protrude beyond this surface, such as brackets or compressors. (b) Maximum clearance. The clearance shall not be greater than 2 inches (51 mm) from the lowest edge of the rear plane to the vertical surface, unless the provisions of paragraph (c) of this section apply. (c) If permanent rear spacers or other components that protrude beyond the rear plane extend further than the 2-inch (51 mm) distance, or if the highest edge of the rear plane is in contact with the vertical surface when the unit is positioned with the lowest edge of the rear plane at or further than the 2-inch (51 mm) distance from the vertical surface, the appliance shall be located with the spacers or other components protruding beyond the rear plane, or the highest edge of the rear plane, in contact with the vertical surface. (d) Rear-mounted condensers. If the product has a flat rear-wall-mounted condenser (i.e., a rear-wall-mounted condenser with all refrigerant tube centerlines within 0.25 inches (6.4 mm) of PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 46797 the condenser plane), and the area of the condenser plane represents at least 25% of the total area of the rear wall of the cabinet, then the spacing to the vertical surface may be measured from the lowest edge of the condenser plane. 2.9 Steady-State Condition. Steady-state conditions exist if the temperature measurements in all measured compartments taken at 4-minute intervals or less during a stabilization period are not changing at a rate greater than 0.042 °F (0.023 °C) per hour as determined by the applicable condition of paragraph (a) or (b) of this section. (a) The average of the measurements during a 2-hour period if no cycling occurs or during a number of complete repetitive compressor cycles occurring through a period of no less than 2 hours is compared to the average over an equivalent time period with 3 hours elapsing between the two measurement periods. (b) If paragraph (a) of this section cannot be used, the average of the measurements during a number of complete repetitive compressor cycles occurring through a period of no less than 2 hours and including the last complete cycle before a defrost period (or if no cycling occurs, the average of the measurements during the last 2 hours before a defrost period) are compared to the same averaging period before the following defrost period. 2.10 Products with Demand-Response Capability. Products that have a communication module for demand-response functions that is located within the cabinet shall be tested with the communication module in the configuration set at the factory just before shipping. 3. Test Control Settings 3.1 Model with No User-Operable Temperature Control. A test shall be performed to measure the compartment temperatures and energy use. A second test shall be performed with the temperature control electrically short circuited to cause the compressor to run continuously (or to cause the non-compressor refrigeration system to run continuously at maximum capacity). 3.2 Models with User-Operable Temperature Control. Testing shall be performed in accordance with the procedure in this section using the following standardized temperatures: 39 °F (3.9 °C) fresh food compartment temperature; 0 °F (¥17.8 °C) freezer compartment temperature, except for freezer compartments in refrigerators and cooler-refrigerators, in which case testing would use a 15 °F (¥9.4 °C) freezer compartment temperature; and 55 °F (12.8 °C) cooler compartment temperature. For the purposes of comparing compartment temperatures with standardized temperatures, as described in sections 3.2.1 and 3.2.2 of this appendix, the freezer compartment temperature shall be as specified in section 5.1.4 of this appendix, the fresh food compartment temperature shall be as specified in section 5.1.3 of this appendix, and the cooler compartment temperature shall be as specified in section 5.1.5 of this appendix. E:\FR\FM\18JYR2.SGM 18JYR2 46798 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 3.2.1 Temperature Control Settings and Tests to Use for Energy Use Calculations. 3.2.1.1 Setting Temperature Controls. For mechanical control systems, (a) knob detents shall be mechanically defeated if necessary to attain a median setting, and (b) the warmest and coldest settings shall correspond to the positions in which the indicator is aligned with control symbols indicating the warmest and coldest settings. For electronic control systems, the test shall be performed with all compartment temperature controls set at the average of the coldest and warmest settings; if there is no setting equal to this average, the setting closest to the average shall be used. If there are two such settings equally close to the average, the higher of these temperature control settings shall be used. 3.2.1.2 Test Sequence. A first test shall be performed with all compartment temperature controls set at their median position midway between their warmest and coldest settings. A second test shall be performed with all controls set at their warmest setting or all controls set at their coldest setting (not electrically or mechanically bypassed). For units with a single standardized temperature (e.g., all-refrigerator or cooler), this setting shall be the appropriate setting that attempts to achieve compartment temperatures measured during the two tests that bound (i.e., one is above and one is below) the standardized temperature. For other units, the second test shall be conducted with all controls at their coldest setting, unless all compartment temperatures measured during the first test are lower than the standardized temperatures, in which case the second test shall be conducted with all controls at their warmest setting. If any compartment is warmer than its standardized temperature for a test with all controls at their coldest position, the product receives no energy use rating and the manufacturer must submit a petition for a waiver (see section 7 of this appendix). 3.2.1.3 Temperature Setting Table. See Table 1 of this section for a general description of which settings to use and which test results to use in the energy consumption calculation for products with one, two, or three standardized temperatures. TABLE 1—TEMPERATURE SETTINGS: GENERAL CHART FOR ALL PRODUCTS First test Second test Energy calculation based on: Setting Results Setting Mid for all compartments All compartments low .... One or more compartments high. Results Warm for all compartments. Cold for all compartments. All compartments low .... Second Test Only. One or more compartments high. All compartments low .... First and Second Test. asabaliauskas on DSK3SPTVN1PROD with RULES One or more compartments high. 3.2.2 Alternatively, a first test may be performed with all temperature controls set at their warmest setting. If all compartment temperatures are below the appropriate standardized temperatures, then the result of this test alone will be used to determine energy consumption. If this condition is not met, then the unit shall be tested in accordance with section 3.2.1 of this appendix. 3.2.3 Temperature Settings for Separate Auxiliary Convertible Compartments. For separate auxiliary convertible compartments tested as freezer compartments, the median setting shall be within 2 °F (1.1 °C) of the standardized freezer compartment temperature, and the warmest setting shall be at least 5 °F (2.8 °C) warmer than the standardized temperature. For separate auxiliary convertible compartments tested as fresh food compartments, the median setting shall be within 2 °F (1.1 °C) of 39 °F (3.9 °C), the coldest setting shall be below 34 °F (1.1 °C), and the warmest setting shall be above 43 °F (6.1 °C). For separate auxiliary convertible compartments tested as cooler compartments, the median setting shall be within 2 °F (1.1 °C) of 55 °F (12.8 °C), and the coldest setting shall be below 50 °F (10.0 °C). For compartments where control settings are not expressed as particular temperatures, VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 the measured temperature of the convertible compartment rather than the settings shall meet the specified criteria. 3.3 Optional Test for Models with Two Compartments and User-Operable Controls. As an alternative to section 3.2 of this appendix, perform three tests such that the set of tests meets the ‘‘minimum requirements for interpolation’’ of AS/NZS 4474.1:2007 (incorporated by reference; see § 430.3) appendix M, section M3, paragraphs (a) through (c) and as illustrated in Figure M1. The target temperatures txA and txB defined in section M4(a)(i) of AS/NZ 4474.1:2007 shall be the standardized temperatures defined in section 3.2 of this appendix. * * * * * * * 4. Test Period * * * 4.2.1.1 Cycling Compressor System. For a system with a cycling compressor, the second part of the test starts at the termination of the last regular compressor ‘‘on’’ cycle. The average compartment temperatures measured from the termination of the previous compressor ‘‘on’’ cycle to the termination of the last regular compressor ‘‘on’’ cycle must both be within 0.5 °F (0.3 °C) of their average PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 First and Second Test. No Energy Use Rating. temperatures measured for the first part of the test. If any compressor cycles occur prior to the defrost heater being energized that cause the average temperature in any compartment to deviate from its average temperature for the first part of the test by more than 0.5 °F (0.3 °C), these compressor cycles are not considered regular compressor cycles and must be included in the second part of the test. As an example, a ‘‘precooling’’ cycle, which is an extended compressor cycle that lowers the temperature(s) of one or more compartments prior to energizing the defrost heater, must be included in the second part of the test. The test period for the second part of the test ends at the termination of the first regular compressor ‘‘on’’ cycle after compartment temperatures have fully recovered to their stable conditions. The average temperatures of the compartments measured from this termination of the first regular compressor ‘‘on’’ cycle until the termination of the next regular compressor ‘‘on’’ cycle must both be within 0.5 °F (0.3 °C) of their average temperatures measured for the first part of the test. See Figure 1 of this section. Note that Figure 1 illustrates the concepts of precooling and recovery but does not represent all possible defrost cycles. E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 (0.3 °C) of their average temperatures measured for the first part of the test. The second part stops at a time after defrost during stable operation when the compartment temperatures are within 0.5 °F PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 (0.3 °C) of their average temperatures measured for the first part of the test. See Figure 2 of this section. E:\FR\FM\18JYR2.SGM 18JYR2 ER18JY16.004</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 4.2.1.2 Non-cycling Compressor System. For a system with a non-cycling compressor, the second part of the test starts at a time before defrost during stable operation when compartment temperatures are within 0.5 °F 46799 46800 * * * asabaliauskas on DSK3SPTVN1PROD with RULES 5. Test Measurements 5.1 Temperature Measurements. (a) Temperature measurements shall be made at the locations prescribed in HRF–1–2008 (incorporated by reference; see § 430.3) Figure 5.1 for cooler and fresh food compartments and Figure 5.2 for freezer compartments and shall be accurate to within ±0.5 °F (0.3 °C). No freezer temperature measurements need be taken in an allrefrigerator or cooler-all-refrigerator. (b) If the interior arrangements of the unit under test do not conform with those shown in Figures 5.1 or 5.2 of HRF–1–2008, as appropriate, the unit must be tested by relocating the temperature sensors from the locations specified in the figures to avoid interference with hardware or components within the unit, in which case the specific locations used for the temperature sensors shall be noted in the test data records maintained by the manufacturer in accordance with 10 CFR 429.71, and the certification report shall indicate that nonstandard sensor locations were used. If any temperature sensor is relocated by any amount from the location prescribed in Figure 5.1 or 5.2 of HRF–1– 2008 in order to maintain a minimum 1-inch air space from adjustable shelves or other components that could be relocated by the consumer, except in cases in which the Figures prescribe a temperature sensor location within 1 inch of a shelf or similar feature (e.g., sensor T3 in Figure 5.1), this constitutes a relocation of temperature sensors that must be recorded in VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 the test data and reported in the certification report as described in this paragraph (b). 5.1.1 Measured Temperature. The measured temperature of a compartment is the average of all sensor temperature readings taken in that compartment at a particular point in time. Measurements shall be taken at regular intervals not to exceed 4 minutes. Measurements for multiple refrigeration system products shall be taken at regular intervals not to exceed one minute. 5.1.2 Compartment Temperature. The compartment temperature for each test period shall be an average of the measured temperatures taken in a compartment during the test period as defined in section 4 of this appendix. For long-time automatic defrost models, compartment temperatures shall be those measured in the first part of the test period specified in section 4.2.1 of this appendix. For models with variable defrost controls, compartment temperatures shall be those measured in the first part of the test period specified in section 4.2.2 of this appendix. For models with automatic defrost that is neither long-time nor variable defrost, the compartment temperature shall be an average of the measured temperatures taken in a compartment during a stable period of compressor operation that: (a) Includes no defrost cycles or events associated with a defrost cycle, such as precooling or recovery; (b) Is no less than three hours in duration; and (c) Includes two or more whole compressor cycles. If the compressor does not cycle, the stable period used for the temperature average shall be three hours in duration. PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 5.1.3 Fresh Food Compartment Temperature. The fresh food compartment temperature shall be calculated as: Where: R is the total number of applicable fresh food compartments, including the primary fresh food compartment and any separate auxiliary fresh food compartments (including separate auxiliary convertible compartments tested as fresh food compartments in accordance with section 2.7 of this appendix); TRi is the compartment temperature of fresh food compartment ‘‘i’’ determined in accordance with section 5.1.2 of this appendix; and VRi is the volume of fresh food compartment ‘‘i.’’ 5.1.4 Freezer Compartment Temperature. The freezer compartment temperature shall be calculated as: Where: F is the total number of applicable freezer compartments, which include the primary freezer compartment and any number of separate auxiliary freezer compartments (including separate auxiliary convertible compartments tested as freezer compartments in E:\FR\FM\18JYR2.SGM 18JYR2 ER18JY16.006</GPH> ER18JY16.007</GPH> * ER18JY16.005</GPH> * Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46801 Where: 1440 and K are defined in section 5.2.1.1 of this appendix and EP1, T1, and 12 are defined in section 5.2.1.2 of this appendix; i = a variable that can equal 1, 2, or more that identifies each individual compressor system that has automatic defrost; D = the total number of compressor systems with automatic defrost. EP2i = energy expended in kilowatt-hours during the second part of the test for compressor system i; T2i = length of time in minutes of the second part of the test for compressor system i; CTi = the compressor run time between defrosts for compressor system i in hours rounded to the nearest tenth of an hour, for long-time automatic defrost control equal to a fixed time in hours, and for variable defrost control equal to: (CTLi × CTMi)/(F × (CTMi¥ CTLi) + CTLi); Where: CTLi = for compressor system i, the shortest compressor run time between defrosts used in the variable defrost control algorithm (greater than or equal to 6 but less than or equal to 12 hours), or the shortest compressor run time between defrosts observed for the test (if it is shorter than the shortest run time used in the control algorithm and is greater than 6 hours), or 6 hours (if the shortest observed run time is less than 6 hours), in hours rounded to the nearest tenth of an hour; CTMi = for compressor system i, the maximum compressor run time between defrosts in hours rounded to the nearest tenth of an hour (greater than CTLi but not more than 96 hours); F = default defrost energy consumption factor, equal to 0.20. For variable defrost models with no values for CTLi and CTMi in the algorithm, the default values of 6 and 96 shall be used, respectively. 5.2.1.5 Long-time or Variable Defrost Control for Systems with Multiple Defrost Cycle Types. The energy consumption in kilowatt-hours per day shall be calculated equivalent to: asabaliauskas on DSK3SPTVN1PROD with RULES VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\18JYR2.SGM 18JYR2 ER18JY16.009</GPH> ER18JY16.010</GPH> ET = (1440 × K × EP1/T1) + (EP2 ¥ (EP1 × T2/T1)) × K × (12/CT), Where: 1440 and K are defined in section 5.2.1.1 of this appendix and EP1, EP2, T1, T2, and 12 are defined in section 5.2.1.2 of this appendix; CT = (CTL × CTM)/(F × (CTM ¥ CTL) + CTL); CTL = the shortest compressor run time between defrosts used in the variable defrost control algorithm (greater than or equal to 6 but less than or equal to 12 hours), or the shortest compressor run time between defrosts observed for the test (if it is shorter than the shortest run time used in the control algorithm and is greater than 6 hours), or 6 hours (if the shortest observed run time is less than 6 hours), in hours rounded to the nearest tenth of an hour; CTM = maximum compressor run time between defrosts in hours rounded to the nearest tenth of an hour (greater than CTL but not more than 96 hours); F = ratio of per day energy consumption in excess of the least energy and the maximum difference in per-day energy consumption and is equal to 0.20. For variable defrost models with no values for CTL and CTM in the algorithm, the default values of 6 and 96 shall be used, respectively. 5.2.1.4 Multiple Compressor Products with Automatic Defrost. For multiple compressor products, the two-part test method in section 4.2.3.4 of this appendix must be used. The energy consumption in kilowatt-hours per day shall be calculated equivalent to: ER18JY16.008</GPH> Where: C is the total number of applicable cooler compartments (including separate auxiliary convertible compartments tested as cooler compartments in accordance with section 2.7 of this appendix); TCi is the compartment temperature of cooler compartment ‘‘i’’ determined in accordance with section 5.1.2 of this appendix; and VCi is the volume of cooler compartment ‘‘i.’’ 5.2 Energy Measurements. 5.2.1 Per-Day Energy Consumption. The energy consumption in kilowatt-hours per day, ET, for each test period shall be the energy expended during the test period as specified in section 4 of this appendix adjusted to a 24-hour period. The adjustment shall be determined as follows. 5.2.1.1 Non-Automatic Defrost and Automatic Defrost. The energy consumption in kilowatt-hours per day shall be calculated equivalent to: ET = (EP × 1440 × K)/T Where: ET = test cycle energy expended in kilowatthours per day; EP = energy expended in kilowatt-hours during the test period; T = length of time of the test period in minutes; and 1440 = conversion factor to adjust to a 24hour period in minutes per day. K = dimensionless correction factor of 1.0 for refrigerators and refrigerator-freezers; and 0.55 for coolers and combination cooler refrigeration products to adjust for average household usage. 5.2.1.2 Long-time Automatic Defrost. If the two-part test method is used, the energy consumption in kilowatt-hours per day shall be calculated equivalent to: ET = (1440 × K × EP1/T1) + (EP2 ¥ (EP1 × T2/T1)) × K × (12/CT) Where: ET, 1440, and K are defined in section 5.2.1.1 of this appendix; EP1 = energy expended in kilowatt-hours during the first part of the test; EP2 = energy expended in kilowatt-hours during the second part of the test; T1 and T2 = length of time in minutes of the first and second test parts respectively; CT = defrost timer run time or compressor run time between defrosts in hours required to cause it to go through a complete cycle, rounded to the nearest tenth of an hour; and 12 = factor to adjust for a 50-percent run time of the compressor in hours per day. 5.2.1.3 Variable Defrost Control. The energy consumption in kilowatt-hours per day shall be calculated equivalent to: accordance with section 2.7 of this appendix); TFi is the compartment temperature of freezer compartment ‘‘i’’ determined in accordance with section 5.1.2 of this appendix; and VFi is the volume of freezer compartment ‘‘i’’. 5.1.5 Cooler Compartment Temperature. The cooler compartment temperature shall be calculated as: asabaliauskas on DSK3SPTVN1PROD with RULES 46802 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations Where: 1440 and K are defined in section 5.2.1.1 of this appendix and EP1, T1, and 12 are defined in section 5.2.1.2 of this appendix; i is a variable that can equal 1, 2, or more that identifies the distinct defrost cycle types applicable for the product; EP2i = energy expended in kilowatt-hours during the second part of the test for defrost cycle type i; T2i = length of time in minutes of the second part of the test for defrost cycle type i; CTi is the compressor run time between instances of defrost cycle type i, for longtime automatic defrost control equal to a fixed time in hours rounded to the nearest tenth of an hour, and for variable defrost control equal to: (CTLi × CTMi)/(F × (CTMi ¥ CTLi) + CTLi); CTLi = least or shortest compressor run time between instances of defrost cycle type i in hours rounded to the nearest tenth of an hour (CTL for the defrost cycle type with the longest compressor run time between defrosts must be greater than or equal to 6 but less than or equal to 12 hours); CTMi = maximum compressor run time between instances of defrost cycle type i in hours rounded to the nearest tenth of an hour (greater than CTLi but not more than 96 hours); For cases in which there are more than one fixed CT value (for long-time defrost models) or more than one CTM and/or CTL value (for variable defrost models) for a given defrost cycle type, an average fixed CT value or average CTM and CTL values shall be selected for this cycle type so that 12 divided by this value or values is the frequency of occurrence of the defrost cycle type in a 24 hour period, assuming 50% compressor run time. F = default defrost energy consumption factor, equal to 0.20. For variable defrost models with no values for CTLi and CTMi in the algorithm, the default values of 6 and 96 shall be used, respectively. D is the total number of distinct defrost cycle types. 5.3 Volume Measurements. (a) The unit’s total refrigerated volume, VT, shall be measured in accordance with HRF–1–2008, (incorporated by reference; see § 430.3), section 3.30 and sections 4.2 through 4.3. The measured volume shall include all spaces within the insulated volume of each compartment except for the volumes that must be deducted in accordance with section 4.2.2 of HRF–1–2008, as provided in paragraph (b) of this section, and be calculated equivalent to: VT = VF + VFF + VC Where: VT = total refrigerated volume in cubic feet, VF = freezer compartment volume in cubic feet, VFF = fresh food compartment volume in cubic feet, and VC = cooler compartment volume in cubic feet. (b) The following component volumes shall not be included in the compartment VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 volume measurements: Icemaker compartment insulation (e.g., insulation isolating the icemaker compartment from the fresh food compartment of a product with a bottom-mounted freezer with through-thedoor ice service), fountain recess, dispenser insulation, and ice chute (if there is a plug, cover, or cap over the chute per Figure 4–2 of HRF–1–2008). The following component volumes shall be included in the compartment volume measurements: Icemaker auger motor (if housed inside the insulated space of the cabinet), icemaker kit, ice storage bin, and ice chute (up to the dispenser flap, if there is no plug, cover, or cap over the ice chute per Figure 4–3 of HRF–1–2008). (c) Total refrigerated volume is determined by physical measurement of the test unit. Measurements and calculations used to determine the total refrigerated volume shall be retained as part of the test records underlying the certification of the basic model in accordance with 10 CFR 429.71. (d) Compartment classification shall be based on subdivision of the refrigerated volume into zones separated from each other by subdividing barriers: No evaluated compartment shall be a zone of a larger compartment unless the zone is separated from the remainder of the larger compartment by subdividing barriers; if there are no such subdividing barriers within the larger compartment, the larger compartment must be evaluated as a single compartment rather than as multiple compartments. If the cabinet contains a movable subdividing barrier, it must be placed as described in section 2.7 of this appendix. (e) Freezer, fresh food, and cooler compartment volumes shall be calculated and recorded to the nearest 0.01 cubic foot. Total refrigerated volume shall be calculated and recorded to the nearest 0.1 cubic foot. 6. Calculation of Derived Results From Test Measurements 6.1 Adjusted Total Volume. The adjusted total volume of each tested unit must be determined based upon the volume measured in section 5.3 of this appendix using the following calculations. Where volume measurements for the freezer, fresh food, and cooler compartment are recorded in liters, the measured volume must be converted to cubic feet and rounded to the nearest 0.01 cubic foot prior to calculating the adjusted volume. Adjusted total volume shall be calculated and recorded to the nearest 0.1 cubic foot. 6.1.1 Refrigerators, Coolers, and CoolerRefrigerators. The adjusted total volume, AV, for refrigerators or cooler-refrigerators under test, shall be defined as: AV = (VF × CR) + VFF + VC Where: AV = adjusted total volume in cubic feet; VF, VFF, and VC are defined in section 5.3 of this appendix; CR = dimensionless adjustment factor for freezer compartments of 1.00 for allrefrigerators and cooler-all-refrigerators, or 1.47 for other types of refrigerators and cooler-refrigerators; and 6.1.2 Refrigerator-Freezers, CoolerRefrigerator-Freezers, and Cooler-Freezers. PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 The adjusted total volume, AV, for refrigerator-freezers, cooler-refrigeratorfreezers, and cooler-freezers under test shall be calculated as follows: AV = (VF × CRF) + VFF + VC Where: VF, VFF, and VC are defined in section 5.3 and AV is defined in section 6.1.1 of this appendix; CRF = dimensionless adjustment factor for freezer compartments of 1.76; and 6.2 Average Per-Cycle Energy Consumption. The average per-cycle energy consumption for a cycle type, E, is expressed in kilowatt-hours per cycle to the nearest one hundredth (0.01) kilowatt-hour and shall be calculated according to the sections below. 6.2.1 All-Refrigerator Models. The average per-cycle energy consumption shall depend upon the temperature attainable in the fresh food compartment as shown in section 6.2.1.1 of this appendix. 6.2.1.1 If the fresh food compartment temperature is always below 39.0 °F (3.9 °C), the average per-cycle energy consumption shall be equivalent to: E = ET1 Where: ET is defined in section 5.2.1 of this appendix; and The number 1 indicates the test during which the highest fresh food compartment temperature is measured. 6.2.1.2 If the conditions of section 6.2.1.1 of this appendix do not apply, the average per-cycle energy consumption shall be equivalent to: E = ET1 + ((ET2 ¥ ET1) × (39.0 ¥ TR1)/(TR2 ¥ TR1)) Where: ET is defined in section 5.2.1 of this appendix; TR = fresh food compartment temperature determined according to section 5.1.3 of this appendix in degrees F; The numbers 1 and 2 indicate measurements taken during the two tests to be used to calculate energy consumption, as specified in section 3 of this appendix; and 39.0 = standardized fresh food compartment temperature in degrees F. 6.2.2 Coolers. The average per-cycle energy consumption shall depend upon the temperature attainable in the cooler compartment as shown in section 6.2.2.1 of this appendix. 6.2.2.1 If the cooler compartment temperature is always below 55.0 °F (12.8 °C), the average per-cycle energy consumption shall be equivalent to: E = ET1 Where: ET is defined in section 5.2.1 of this appendix; and The number 1 indicates the test during which the highest cooler compartment temperature is measured. 6.2.2.2 If the conditions of section 6.2.2.1 of this appendix do not apply, the average per-cycle energy consumption shall be equivalent to: E:\FR\FM\18JYR2.SGM 18JYR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations E = ET1 + ((ET2 ¥ ET1) × (55.0 ¥ TC1)/(TC2 ¥ TC1)) Where: ET is defined in section 5.2.1 of this appendix; TC = cooler compartment temperature determined according to section 5.1.5 of this appendix in degrees F; The numbers 1 and 2 are defined in section 6.2.1.2 of this appendix; and 55.0 = standardized cooler compartment temperature in degrees F. 6.2.3 Refrigerators and RefrigeratorFreezers. The average per-cycle energy consumption shall be defined in one of the following ways as applicable. 6.2.3.1 If the fresh food compartment temperature is always below 39 °F (3.9 °C) and the freezer compartment temperature is always below 15 °F (¥9.4 °C) in both tests of a refrigerator or always below 0 °F (¥17.8 °C) in both tests of a refrigerator-freezer, the average per-cycle energy consumption shall be: E = ET1 + IET Where: ET is defined in section 5.2.1 of this appendix; IET, expressed in kilowatt-hours per cycle, equals 0.23 for a product with an automatic icemaker and otherwise equals 0 (zero); and The number 1 indicates the test during which the highest freezer compartment temperature was measured. 6.2.3.2 If the conditions of section 6.2.3.1 of this appendix do not apply, the average per-cycle energy consumption shall be defined by the higher of the two values calculated by the following two formulas: E = ET1 + ((ET2 ¥ ET1) × (39.0 ¥ TR1)/(TR2 ¥ TR1)) + IET and E = ET1 + ((ET2 ¥ ET1) × (k ¥ TF1)/(TF2 ¥ TF1)) + IET Where: ET is defined in section 5.2.1 of this appendix; IET is defined in section 6.2.3.1 of this appendix; TR and the numbers 1 and 2 are defined in section 6.2.1.2 of this appendix; TF = freezer compartment temperature determined according to section 5.1.4 of this appendix in degrees F; 39.0 is a specified fresh food compartment temperature in degrees F; and k is a constant 15.0 for refrigerators or 0.0 for refrigerator-freezers, each being a standardized freezer compartment temperature in degrees F. 6.2.4 Combination Cooler Refrigeration Products. The average per-cycle energy consumption shall be defined in one of the following ways as applicable. 6.2.4.1 If the compartment temperatures are always below their compartments’ standardized temperatures as defined in section 3.2 of this appendix (the fresh food compartment temperature is at or below 39 °F (3.9 °C); the cooler compartment temperature is at or below 55 °F (12.8 °C); and the freezer compartment temperature is VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 at or below 15 °F (¥9.4 °C) for a coolerrefrigerator, or the freezer compartment temperature is at or below 0 °F (¥17.8 °C) for a cooler-refrigerator-freezer or cooler-freezer), the average per-cycle energy consumption shall be: E = ET1 + IET Where: ET is defined in section 5.2.1 of this appendix; IET is defined in section 6.2.3.1 of this appendix; The number 1 indicates the test during which the highest freezer compartment temperature is measured. If the product has no freezer compartment, the number 1 indicates the test during which the highest fresh food compartment temperature is measured. 6.2.4.2 If the conditions of section 6.2.4.1 of this appendix do not apply, the average per-cycle energy consumption shall be defined by the highest of the two or three values calculated by the following three formulas: E = (ET1 + ((ET2 ¥ ET1) × (39.0 ¥ TR1)/ (TR2 ¥ TR1)) + IET if the product has a fresh food compartment; E = (ET1 + ((ET2 ¥ ET1) × (k ¥ TF1)/(TF2 ¥ TF1)) + IET if the product has a freezer compartment; and E = (ET1 + ((ET2 ¥ ET1) × (55.0 ¥ TC1)/ (TC2 ¥ TC1)) + IET Where: ET is defined in section 5.2.1 of this appendix; IET is defined in section 6.2.3.1 of this appendix; TR and the numbers 1 and 2 are defined in section 6.2.1.2 of this appendix; TF is defined in section 6.2.3.2 of this appendix; TC is defined in section 6.2.2.2 of this appendix; 39.0 is a specified fresh food compartment temperature in degrees F; k is a constant 15.0 for cooler-refrigerators or 0.0 for cooler-refrigerator-freezers and cooler-freezers, each being a standardized freezer compartment temperature in degrees F; and 55.0 is a specified cooler compartment temperature in degrees F. 6.2.5 Variable Anti-Sweat Heater Models. The standard cycle energy consumption of a model with a variable anti-sweat heater control (Estd), expressed in kilowatt-hours per day, shall be calculated equivalent to: Estd = E + (Correction Factor) where E is determined by sections 6.2.1, 6.2.2, 6.2.3, or 6.2.4 of this appendix, whichever is appropriate, with the anti-sweat heater switch in the ‘‘off’’ position or, for a product without an anti-sweat heater switch, the antisweat heater in its lowest energy use state. Correction Factor = (Anti-sweat Heater Power × System-loss Factor) × (24 hrs/1 day) × (1 kW/1000 W) Where: Anti-sweat Heater Power = 0.034 * (Heater Watts at 5%RH) + 0.211 * (Heater Watts at 15%RH) + 0.204 * (Heater Watts at 25%RH) + 0.166 * (Heater Watts at 35%RH) PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 46803 + 0.126 * (Heater Watts at 45%RH) + 0.119 * (Heater Watts at 55%RH) + 0.069 * (Heater Watts at 65%RH) + 0.047 * (Heater Watts at 75%RH) + 0.008 * (Heater Watts at 85%RH) + 0.015 * (Heater Watts at 95%RH) Heater Watts at a specific relative humidity = the nominal watts used by all heaters at that specific relative humidity, 72 °F (22.2 °C) ambient, and DOE reference temperatures of fresh food (FF) average temperature of 39 °F (3.9 °C) and freezer (FZ) average temperature of 0 °F (¥17.8 °C). System-loss Factor = 1.3. 7. Test Procedure Waivers To the extent that the procedures contained in this appendix do not provide a means for determining the energy consumption of a basic model, a manufacturer must obtain a waiver under § 430.27 to establish an acceptable test procedure for each such basic model. Such instances could, for example, include situations where the test set-up for a particular basic model is not clearly defined by the provisions of section 2 of this appendix. For details regarding the criteria and procedures for obtaining a waiver, please refer to § 430.27. Appendix A1—[Removed] 12. Appendix A1 to subpart B is removed. ■ 13. Appendix B to subpart B is amended by revising the introductory text and sections 1, 2.5, 5.1.b, 5.1.3, 5.3, 6.1, 6.2.1, 6.2.2, and 7 to read as follows: ■ Appendix B to Subpart B of Part 430— Uniform Test Method for Measuring the Energy Consumption of Freezers Note: For freezers, the rounding requirements specified in sections 5.3.e and 6.1 of this appendix are not required for use until the compliance date of any amended energy conservation standards for these products. 1. Definitions Section 3, Definitions, of HRF–1–2008 (incorporated by reference; see § 430.3) applies to this test procedure. Adjusted total volume means the product of the freezer volume as defined in HRF–1– 2008 (incorporated by reference; see § 430.3) in cubic feet multiplied by an adjustment factor. Anti-sweat heater means a device incorporated into the design of a freezer to prevent the accumulation of moisture on exterior or interior surfaces of the cabinet. Anti-sweat heater switch means a usercontrollable switch or user interface which modifies the activation or control of antisweat heaters. Automatic defrost means a system in which the defrost cycle is automatically initiated and terminated, with resumption of normal refrigeration at the conclusion of defrost operation. The system automatically prevents the permanent formation of frost on all refrigerated surfaces. Nominal refrigerated E:\FR\FM\18JYR2.SGM 18JYR2 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations food temperatures are maintained during the operation of the automatic defrost system. Automatic icemaker means a device that can be supplied with water without user intervention, either from a pressurized water supply system or by transfer from a water reservoir that automatically produces, harvests, and stores ice in a storage bin, with means to automatically interrupt the harvesting operation when the ice storage bin is filled to a pre-determined level. Complete temperature cycle means a time period defined based upon the cycling of compartment temperature that starts when the compartment temperature is at a maximum and ends when the compartment temperature returns to an equivalent maximum (within 0.5 °F of the starting temperature), having in the interim fallen to a minimum and subsequently risen again to reach the second maximum. Alternatively, a complete temperature cycle can be defined to start when the compartment temperature is at a minimum and end when the compartment temperature returns to an equivalent minimum (within 0.5 °F of the starting temperature), having in the interim risen to a maximum and subsequently fallen again to reach the second minimum. Cycle means the period of 24 hours for which the energy use of a freezer is calculated as though the consumer-activated compartment temperature controls were set to maintain the standardized temperature (see section 3.2 of this appendix). Cycle type means the set of test conditions having the calculated effect of operating a freezer for a period of 24 hours with the consumer-activated controls other than the compartment temperature control set to establish various operating characteristics. HRF–1–2008 means AHAM Standard HRF– 1–2008, Association of Home Appliance Manufacturers, Energy and Internal Volume of Refrigerating Appliances (2008), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet issued November 17, 2009. Only sections of HRF–1–2008 (incorporated by reference; see § 430.3) specifically referenced in this test procedure are part of this test procedure. In cases where there is a conflict, the language of the test procedure in this appendix takes precedence over HRF–1–2008. Ice storage bin means a container in which ice can be stored. Long-time automatic defrost means an automatic defrost system where successive defrost cycles are separated by 14 hours or more of compressor operating time. Precooling means operating a refrigeration system before initiation of a defrost cycle to reduce one or more compartment temperatures significantly (more than 0.5 °F) below its minimum during stable operation between defrosts. Quick freeze means an optional feature on freezers that is initiated manually. It bypasses the thermostat control and operates continually until the feature is terminated either manually or automatically. Recovery means operating a refrigeration system after the conclusion of a defrost cycle to reduce the temperature of one or more compartments to the temperature range that the compartment(s) exhibited during stable operation between defrosts. VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 Separate auxiliary compartment means a freezer compartment other than the primary freezer compartment of a freezer having more than one compartment. Access to a separate auxiliary compartment is through a separate exterior door or doors rather than through the door or doors of another compartment. Separate auxiliary freezer compartments may not be larger than the primary freezer compartment. Special compartment means any compartment without doors directly accessible from the exterior, and with separate temperature control that is not convertible from fresh food temperature range to freezer temperature range. Stabilization period means the total period of time during which steady-state conditions are being attained or evaluated. Stable operation means operation after steady-state conditions have been achieved but excluding any events associated with defrost cycles. During stable operation the average rate of change of compartment temperature must not exceed 0.042 °F (0.023 °C) per hour. Such a calculation performed for compartment temperatures at any two times, or for any two periods of time comprising complete cycles, during stable operation must meet this requirement. (a) If compartment temperatures do not cycle, the relevant calculation shall be the difference between the temperatures at two points in time divided by the difference, in hours, between those points in time. (b) If compartment temperatures cycle as a result of compressor cycling or other cycling operation of any system component (e.g., a damper, fan, or heater), the relevant calculation shall be the difference between compartment temperature averages evaluated for whole compressor cycles or complete temperature cycles divided by the difference, in hours, between either the starts, ends, or mid-times of the two cycles. Standard cycle means the cycle type in which the anti-sweat heater switch, when provided, is set in the highest energyconsuming position. Through-the-door ice/water dispenser means a device incorporated within the cabinet, but outside the boundary of the refrigerated space, that delivers to the user on demand ice and may also deliver water from within the refrigerated space without opening an exterior door. This definition includes dispensers that are capable of dispensing ice and water or ice only. Variable defrost control means an automatic defrost system in which successive defrost cycles are determined by an operating condition variable (or variables) other than solely compressor operating time. This includes any electrical or mechanical device performing this function. A control scheme that changes the defrost interval from a fixed length to an extended length (without any intermediate steps) is not considered a variable defrost control. A variable defrost control feature should predict the accumulation of frost on the evaporator and react accordingly. Therefore, the times between defrost must vary with different usage patterns and include a continuum of lengths of time between defrosts as inputs vary. PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 2. Test Conditions * * * * * 2.5 Special compartments shall be tested with controls set to provide the coldest temperature. However, for special compartments in which temperature control is achieved using the addition of heat (including resistive electric heating, refrigeration system waste heat, or heat from any other source, but excluding the transfer of air from another part of the interior of the product) for any part of the controllable temperature range of that compartment, the product energy use shall be determined by averaging two sets of tests. The first set of tests shall be conducted with such special compartments at their coldest settings, and the second set of tests shall be conducted with such special compartments at their warmest settings. The requirements for the warmest or coldest temperature settings of this section do not apply to features or functions associated with temperature control (such as quick freeze) that are initiated manually and terminated automatically within 168 hours. Movable subdividing barriers that separate compartments of different types (e.g., fresh food on one side and cooler on the other side) shall be placed in the median position. If such a subdividing barrier has an even number of positions, the near-median position representing the smallest volume of the warmer compartment(s) shall be used. * * * * * 5. Test Measurements 5.1 Temperature Measurements. * * * (b) If the interior arrangements of the unit under test do not conform with those shown in Figure 5.2 of HRF–1–2008, the unit must be tested by relocating the temperature sensors from the locations specified in the figures to avoid interference with hardware or components within the unit, in which case the specific locations used for the temperature sensors shall be noted in the test data records maintained by the manufacturer in accordance with 10 CFR 429.71, and the certification report shall indicate that nonstandard sensor locations were used. If any temperature sensor is relocated by any amount from the location prescribed in Figure 5.2 of HRF–1–2008 in order to maintain a minimum 1-inch air space from adjustable shelves or other components that could be relocated by the consumer, except in cases in which the Figure prescribe a temperature sensor location within 1 inch of a shelf or similar feature, this constitutes a relocation of temperature sensors that must be recorded in the test data and reported in the certification report as described above. * * * * * 5.1.3 Freezer Compartment Temperature. The freezer compartment temperature shall be calculated as: Where: F is the total number of applicable freezer compartments, which include the primary freezer compartment and any E:\FR\FM\18JYR2.SGM 18JYR2 ER18JY16.011</GPH> asabaliauskas on DSK3SPTVN1PROD with RULES 46804 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations number of separate auxiliary freezer compartments; TFi is the compartment temperature of freezer compartment ‘‘i’’ determined in accordance with section 5.1.2 of this appendix; and VFi is the volume of freezer compartment ‘‘i’’. * * * * * asabaliauskas on DSK3SPTVN1PROD with RULES 5.3 Volume Measurements. (a) The unit’s total refrigerated volume, VT, shall be measured in accordance with HRF–1–2008 (incorporated by reference; see § 430.3), section 3.30 and sections 4.2 through 4.3. The measured volume shall include all spaces within the insulated volume of each compartment except for the volumes that must be deducted in accordance with section 4.2.2 of HRF–1–2008, as provided in paragraph (b) of this section. (b) The following component volumes shall not be included in the compartment volume measurements: Icemaker compartment insulation, fountain recess, dispenser insulation, and ice chute (if there is a plug, cover, or cap over the chute per Figure 4–2 of HRF–1–2008). The following component volumes shall be included in the compartment volume measurements: Icemaker auger motor (if housed inside the insulated space of the cabinet), icemaker kit, ice storage bin, and ice chute (up to the dispenser flap, if there is no plug, cover, or cap over the ice chute per Figure 4–3 of HRF–1–2008). (c) Total refrigerated volume is determined by physical measurement of the test unit. Measurements and calculations used to determine the total refrigerated volume shall be retained as part of the test records underlying the certification of the basic model in accordance with 10 CFR 429.71. (d) Compartment classification shall be based on subdivision of the refrigerated volume into zones separated from each other by subdividing barriers: No evaluated compartment shall be a zone of a larger compartment unless the zone is separated from the remainder of the larger compartment by subdividing barriers; if there are no such subdividing barriers within the VerDate Sep<11>2014 18:32 Jul 15, 2016 Jkt 238001 larger compartment, the larger compartment must be evaluated as a single compartment rather than as multiple compartments. If the cabinet contains a movable subdividing barrier, it must be placed as described in section 2.5 of this appendix. (e) Freezer compartment volumes shall be calculated and recorded to the nearest 0.01 cubic feet. Total refrigerated volume shall be calculated and recorded to the nearest 0.1 cubic feet. 6. Calculation of Derived Results From Test Measurements 6.1 Adjusted Total Volume. The adjusted total volume of each tested unit must be determined based upon the volume measured in section 5.3 of this appendix using the following calculations. Where volume measurements for the freezer are recorded in liters, the measured volume must be converted to cubic feet and rounded to the nearest 0.01 cubic foot prior to calculating the adjusted volume. Adjusted total volume shall be calculated and recorded to the nearest 0.1 cubic foot. The adjusted total volume, AV, for freezers under test shall be defined as: AV = VT × CF Where: VA = adjusted total volume in cubic feet; VT = total refrigerated volume in cubic feet; and CF = dimensionless correction factor of 1.76. * * * * * 6.2.1 If the compartment temperature is always below 0.0 °F (¥17.8 °C), the average per-cycle energy consumption shall be equivalent to: E = ET1 + IET Where: E = total per-cycle energy consumption in kilowatt-hours per day; ET is defined in section 5.2.1 of this appendix; The number 1 indicates the test during which the highest compartment temperature is measured; and PO 00000 Frm 00039 Fmt 4701 Sfmt 9990 46805 IET, expressed in kilowatt-hours per cycle, equals 0.23 for a product with an automatic icemaker and otherwise equals 0 (zero). 6.2.2 If one of the compartment temperatures measured for a test is greater than 0.0 °F (17.8 °C), the average per-cycle energy consumption shall be equivalent to: E = ET1 + ((ET2 ¥ ET1) × (0.0 ¥ TF1)/(TF2 ¥ TF1)) + IET Where: E and IET are defined in section 6.2.1 of this appendix and ET is defined in section 5.2.1 of this appendix; TF = freezer compartment temperature determined according to section 5.1.3 of this appendix in degrees F; The numbers 1 and 2 indicate measurements taken during the two tests to be used to calculate energy consumption, as specified in section 3 of this appendix; and 0.0 = standardized compartment temperature in degrees F. * * * * * 7. Test Procedure Waivers To the extent that the procedures contained in this appendix do not provide a means for determining the energy consumption of a basic model, a manufacturer must obtain a waiver under § 430.27 to establish an acceptable test procedure for each such basic model. Such instances could, for example, include situations where the test set-up for a particular basic model is not clearly defined by the provisions of section 2 of this appendix. For details regarding the criteria and procedures for obtaining a waiver, please refer to § 430.27. Appendix B1—[Removed] 14. Appendix B1 to subpart B is removed. ■ [FR Doc. 2016–14389 Filed 7–15–16; 8:45 am] BILLING CODE 6450–01–P E:\FR\FM\18JYR2.SGM 18JYR2

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46767-46805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14389]

[[Page 46767]]

Vol. 81

Monday,

No. 137

July 18, 2016

Part II

Department of Energy

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10 CFR Parts 429 and 430

Energy Conservation Program: Final Coverage Determination; Test
Procedures for Miscellaneous Refrigeration Products; Final Rule

Federal Register / Vol. 81 , No. 137 / Monday, July 18, 2016 / Rules
and Regulations

[[Page 46768]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2013-BT-TP-0029 and EERE-2011-BT-DET-0072]
RIN 1904-AD44, 1904-AC66, and 1904-AC51

Energy Conservation Program: Final Coverage Determination; Test
Procedures for Miscellaneous Refrigeration Products

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

ACTION: Final rule.

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SUMMARY: This final rule classifies a variety of refrigeration products
that are collectively described as ``miscellaneous refrigeration
products''--i.e., ``MREFs,'' as a covered product under Part A of Title
III of the Energy Policy and Conservation Act (``EPCA''), as amended.
These products include different types of refrigeration devices that
include one or more compartments that maintain higher temperatures than
typical refrigerator compartments, such as wine chillers and beverage
coolers. Additionally, this final rule amends or establishes certain
definitions related to these products and establishes test procedures
for certain classes of MREFs. These procedures are based an earlier
proposal the Department of Energy published on December 16, 2014, along
with additional feedback provided as part of a negotiated rulemaking
effort focusing on these products. The test procedures follow the same
general methodology as those currently in place for refrigerators,
refrigerator-freezers, and freezers. Through this rule, the test
procedures for MREFs will be codified. This rule also establishes
similar clarifying amendments for freezers.

DATES: Effective Date: The effective date of this rule is August 17,
2016, except for 10 CFR 429.14(c)(2) and (3), which are stayed
indefinitely. DOE will publish a document in the Federal Register
announcing the effective date of these provisions.
Compliance Date: Except as noted in the definitions for, freezers,
refrigerator, and refrigerator-freezers in 10 CFR 430.2, the final rule
changes related to the test procedure provisions detailed in this
document will be mandatory for representations of energy use starting
January 17, 2017.

ADDRESSES: The docket, which includes Federal Register documents,
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-0029 or https://www.regulations.gov/#!docketDetail;D=EERE-2011-BT-DET-0072. These Web
pages will contain a link to this document on the regulations.gov site.
The regulations.gov Web page will contain simple instructions on how to
access all documents, including public comments, in the dockets.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Joseph Hagerman, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202)586-6590 Email:
Joseph.Hagerman@ee.doe.gov.
Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-8145. Email: Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
A. General Rulemaking Authority
B. Current Rulemaking Process
II. Summary of the Final Rule
III. Scope of Coverage
IV. Evaluation of Miscellaneous Refrigeration Products as Covered
Products
A. Coverage Necessary or Appropriate To Carry Out Purposes of
EPCA
B. Energy Use Estimates
1. Coolers
2. Combination Cooler Refrigeration Products
3. Conclusions
V. Product Definitions
A. Coolers
B. Combination Cooler Refrigeration Products
C. Refrigerators, Refrigerator Freezers, and Freezers
D. General Terms for the Groups of Products Addressed in This
Rule
VI. Test Procedure Discussion
A. Test Procedure Sections and Appendices Addressing the Newly
Covered Products
B. Elimination of Definition Numbering in the Appendices
C. Removal of Provisions for Externally-Vented Products
D. Sampling Plans, Certification Reporting, and Measurement/
Verification of Volume
E. Compartment Definition
F. Cooler Compartments
1. Cooler Compartment Standardized Temperature
2. Cooler Compartment Temperature Measurement
3. Cooler Compartments as Special Compartments
4. Temperature Settings and Energy Use Calculations
5. Volume Calculations
6. Convertible Compartments
G. Test Procedures for Coolers
1. Ambient Temperature and Usage Factor
2. Light Bulb Energy
H. Non-Compressor Refrigeration Products
1. Ambient Temperature for Non-Compressor Refrigeration Products
2. Refrigeration System Cycles
I. Extrapolation for Refrigeration Products
J. Combination Cooler Refrigeration Product Test Procedures
1. Ambient Temperature
2. Usage Factor
3. Temperature Control Settings and Energy Use Calculations
K. Incidental Changes to Test Procedure Language To Improve
Clarity
L. Changes to Volume Measurement and Calculation Instructions
M. Removal of Appendices A1 and B1
N. Compliance With Other EPCA Requirements
1. Test Burden
2. Changes in Measured Energy Use
3. Standby and Off Mode Energy Use
VII. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
N. Congressional Notification
VIII. Approval of the Office of the Secretary

I. Authority and Background

A. General Rulemaking Authority

Title III of the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6291, et seq.; ``EPCA'' or, in context, ``the Act'')
sets forth a variety of provisions designed to improve energy
efficiency. Part B of title III, which for editorial reasons was re-
designated as Part A upon incorporation into the U.S. Code (42 U.S.C.
6291-

[[Page 46769]]

6309, as codified), establishes the ``Energy Conservation Program for
Consumer Products Other Than Automobiles.'' These products include
refrigerators, refrigerator-freezers, and freezers, which are among the
subjects of this document. (42 U.S.C. 6292(a)(1)) This document also
addresses coolers (e.g., wine coolers) and combination cooler-
refrigeration products (i.e., products that include warm compartments
such as wine storage compartments in products that otherwise perform
the functions of refrigerators, refrigerator-freezers, or freezers).
DOE is establishing coverage for these products as MREFs in this
document.
EPCA specifies a list of covered consumer products that includes
refrigerators, refrigerator-freezers, and freezers. Although EPCA did
not define any of these products, it specified that the extent of DOE's
coverage would apply to those refrigerator, refrigerator-freezers, and
freezers that can be operated by alternating current (``AC'')
electricity, but excluding those products that are designed to be used
without doors, and, separately, those products that do not include a
compressor and condenser unit as an integral part of the cabinet
assembly. (42 U.S.C. 6292(a)(1)) EPCA did not preclude or otherwise
foreclose the possibility that other consumer refrigeration products,
such as those consumer refrigeration products addressed in this
rulemaking, could also be covered separately if they satisfy certain
prerequisites. EPCA, in fact, authorizes the Secretary of Energy to
classify additional types of consumer products not otherwise specified
in Part A as covered products. For a type of consumer product to be
classified as a covered product, the Secretary must determine that:
(1) Classifying the product as a covered product is necessary for
the purposes of EPCA; and
(2) the average annual per-household energy use by products of such
type is likely to exceed 100 kilowatt-hours per year (``kWh/yr''). (42
U.S.C. 6292(b)(1)).
Before prescribing an energy conservation standard for products for
which the Secretary has extended regulatory coverage through 42 U.S.C.
6292(b), the Secretary must determine that:
(1) The average household energy use of the products has exceeded
150 kWh per household for a 12-month period;
(2) the aggregate 12-month energy use of the products has exceeded
4.2 terawatt-hours (``TWh'');
(3) substantial improvement in energy efficiency is technologically
feasible; and
(4) application of a labeling rule under 42 U.S.C. 6294 is unlikely
to be sufficient to induce manufacturers to produce, and consumers and
other persons to purchase, covered products of such type (or class)
that achieve the maximum energy efficiency that is technologically
feasible and economically justified.
Any standards that the Secretary sets for products that are covered
in this manner must also meet the requirements of 42 U.S.C. 6295(o) and
(p). See 42 U.S.C. 6295(l)(1).
For those products for which coverage has been established 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 products must use as the basis for (1) certifying to DOE that
their products comply with the applicable energy conservation standards
adopted under EPCA, and (2) making representations about the efficiency
of those products. Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA.
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides 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. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product as determined under the existing test procedure. (42 U.S.C.
6293(e)(1))
EPCA further requires that any new or amended DOE test procedure
for a covered product integrate measures of standby mode and off mode
energy consumption into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption or such integration is technically infeasible. If an
integrated test procedure is technically infeasible, DOE must prescribe
a separate standby mode and off mode energy use test procedure for the
covered product, if a separate test is technically feasible. (42 U.S.C.
6295(gg)(2)(A))

B. Current Rulemaking Process

On November 8, 2011, DOE published a notice of proposed
determination of coverage (``NOPD'') to address the potential coverage
of consumer refrigeration products without compressors in anticipation
of a rulemaking to address these and related consumer refrigeration
products. 76 FR 69147.
On February 23, 2012, DOE began a scoping process to set potential
energy conservation standards and test procedures for wine chillers,
consumer refrigeration products that operate without compressors, and
consumer ice makers by publishing a notice of public meeting, and
providing a framework document that addressed potential standards and
test procedure rulemakings for these products. 77 FR 7547.
On October 31, 2013, DOE published in the Federal Register a
supplemental notice of proposed determination of coverage (``2013
SNOPD'') in which it tentatively determined that MREFs, which at the
time included wine chillers, non-compressor refrigeration products,
hybrid products (i.e., refrigeration products that combine a wine
chiller with a refrigerator and/or freezer), and consumer ice makers,
would likely satisfy the provisions of 42 U.S.C. 6292(b)(1). 78 FR
65223.
DOE published a notice of public meeting that also announced the
availability of a preliminary technical support document (``TSD'') for
MREFs on December 3, 2014 (``Preliminary Analysis''). 79 FR 71705. This
Preliminary Analysis considered potential standards for those products
DOE proposed to cover in its 2013 SNOPD. DOE held a public meeting to
discuss and receive comments on the Preliminary Analysis, which covered
the analytical framework, models, and tools that DOE used to evaluate
potential standards; the results of preliminary analyses performed by
DOE for these products; the potential energy conservation standard
levels derived from these analyses that DOE had been considering
consistent with its obligations under EPCA; and all other issues raised
relevant to the development of energy conservation

[[Page 46770]]

standards for the different categories of MREFs.
DOE also published a test procedure NOPR on December 16, 2014
(``Test Procedure NOPR''), proposing definitions and test procedures
for MREFs, including the product categories addressed in the 2013
SNOPD. See 79 FR 74894. The proposed test procedures, which would be
included at title 10 of the CFR, part 430, subpart B, appendix A
(''appendix A''), detailed how to measure MREF energy efficiency,
energy use, and estimated annual operating cost during a representative
average use period. In DOE's view, the procedure would, consistent with
42 U.S.C. 6293(b)(3), not be unduly burdensome to conduct.
After reviewing the comments received in response to both the
Preliminary Analysis and the Test Procedure NOPR, DOE ultimately
determined that its efforts at developing test procedures and potential
energy conservation standards for these products would benefit from the
direct and comprehensive input provided through the negotiated
rulemaking process. On April 1, 2015, DOE published a notice of intent
to establish a Working Group under the Appliance Standards and
Rulemaking Federal Advisory Committee (``ASRAC'') that would use the
negotiated rulemaking process to discuss and, if possible, reach
consensus recommendations on the scope of coverage, definitions, test
procedures, and energy conservation standards for MREFs. 80 FR 17355.
Subsequently, DOE formed a Miscellaneous Refrigeration Products Working
Group (``MREF Working Group'' or, in context, ``the Working Group'') to
address these issues. The Working Group consisted of 15 members,
including two members from ASRAC and one DOE representative. Table I.1
summarizes the MREF Working Group members. The MREF Working Group met
in-person during six sets of meetings held in 2015 on May 4-5, June 11-
12, July 15-16, August 11-12, September 16-17, and October 20.

Table I.1--MREF Working Group Members
------------------------------------------------------------------------
Represented organization Organization type ASRAC member
------------------------------------------------------------------------
Earthjustice................... Efficiency No.
Organization.
GE............................. Manufacturer..... No.
AHAM........................... Trade Association Yes.
Traulsen....................... Manufacturer..... No.
Department of Energy........... Government....... No.
True Manufacturing............. Manufacturer..... Yes.
Southern California Edison..... Utility.......... No.
U-Line Corporation............. Manufacturer..... No.
Appliance Standards Awareness Efficiency No.
Project. Organization.
Whirlpool Corporation.......... Manufacturer..... No.
Haier America.................. Manufacturer..... No.
Mile High Equipment LLC........ Manufacturer..... No.
Scotsman Ice Systems........... Manufacturer..... No.
Hoshizaki America, Inc......... Manufacturer..... No.
Sub-Zero Group, Inc............ Manufacturer..... No.
------------------------------------------------------------------------

On August 11, 2015, the MREF Working Group reached consensus on a
term sheet that recommended the relevant scope of coverage,
definitions, and test procedures for MREFs. See public docket EERE-
2011-BT-STD-0043-0113 (``Term Sheet #1''). On October 20, 2015, the
MREF Working Group reached consensus on a term sheet to recommend
energy conservation standards for coolers and combination cooler
refrigeration products. See public docket EERE-2011-BT-STD-0043-0111
(``Term Sheet #2''). ASRAC approved both term sheets during separate
public meetings on December 18, 2015, and January 20, 2016, and sent
them to the Secretary of Energy for further consideration. Although
many of the MREF Working Group members commented on topics related to
MREF coverage, definitions, and the test procedure in response to the
Test Procedure NOPR, the Working Group members further discussed these
concerns during the MREF Working Group meetings. As a result of these
discussions, many Working Group members adjusted their positions from
the comments initially submitted in response to the Test Procedure
NOPR. Consequently, DOE's discussion in this document reflects the
latest views of these Working Group members. These views are contained
in summaries of the Working Group discussions and recommendations in
the relevant sections of this document.
On March 4, 2016, DOE published a SNOPD proposing a scope of
coverage and definitions for MREFs consistent with the recommendations
of the MREF Working Group (``2016 SNOPD''). See 81 FR 11454. That
document proposed that coolers and combination cooler refrigeration
products would be considered covered products under EPCA, as well as
definitions for these product categories and additional subcategories.
DOE received comments in response to the 2016 SNOPD, but none that
would alter its proposed determination; therefore, DOE is classifying
MREFs as a covered product in this final rule. Specific comments
received in response to the 2016 SNOPD are discussed in the relevant
sections of this document.

II. Summary of the Final Rule

DOE has determined that MREFs, the definition of which DOE is
adding to 10 CFR 430.2 and discusses in this notice, meet the statutory
requirements under 42 U.S.C. 6292(b)(1), and is classifying them as a
covered product. DOE has also determined that MREFs satisfy at least
two of the four criteria required under EPCA in order for the Secretary
to set standards for a product whose coverage is added pursuant to 42
U.S.C. 6292(b). DOE will determine if MREFs satisfy the other two
provisions of 42 U.S.C. 6295(l)(1) during the course of the energy
conservation standards rulemaking.\1\
---------------------------------------------------------------------------

\1\ On www.regulations.gov, see docket ID EERE-2011-BT-STD-0043
for information regarding the energy conservation standards
rulemaking.
---------------------------------------------------------------------------

In addition to establishing coverage over MREFs and determining
that these products satisfy the necessary criteria under 42 U.S.C.
6295(l) for DOE to set energy conservation standards for them,

[[Page 46771]]

this rule establishes test procedures for MREFs and establishes or
clarifies a number of definitions necessary to identify and distinguish
MREFs from other currently covered products. MREFs include coolers
(e.g., wine chillers) and combination cooler refrigeration products
(i.e., products that include at least one warm-temperature compartment
combined with a fresh food and/or freezer compartment). Although the
2013 SNOPD and the Test Procedure NOPR proposed coverage and testing
provisions, respectively, for non-compressor refrigerators and ice
makers, this final rule does not establish coverage or test procedures
for these products.
With respect to the definitions addressed in this document, DOE is
finalizing a series of definitions for consumer refrigeration products
generally consistent with those proposed in the 2016 SNOPD.
Accordingly, this final rule establishes or revises definitions for a
variety of terms to help ensure their compatibility with the changes
introduced by the coverage of MREFs and to clarify their application to
MREFs and other currently regulated refrigeration products (i.e.,
refrigerators, refrigerator-freezers, and freezers). This final rule
also moves the ``all-refrigerator'' definition from its current
location in appendix A to 10 CFR 430.2, establishes a definition for
``cooler-all-refrigerator'' in 10 CFR 430.2, establishes a definition
for ``cooler compartment'' in appendix A, and revises the existing
``special compartment'' definition in appendix A.
This final rule also establishes test procedures for coolers that
address testing set-up, temperature control adjustment, volume
measurements, energy use measurements, and calculations. These test
procedures are similar to the test procedures in appendix A for
refrigerators, but apply a different compartment standardized
temperature (55 degrees Fahrenheit ([deg]F) instead of 39[emsp14][deg]F
for refrigerators) and usage adjustment factor (0.55 instead of 1.0 for
refrigerators). These differences reflect the different consumer use
for coolers as compared to refrigerators.
Additionally, this final rule also establishes test procedures for
combination cooler refrigeration products that take effect on the
compliance date of any energy conservation standards established for
combination cooler refrigeration products. Until that date, combination
cooler refrigeration products are required to comply with the existing
refrigerator, refrigerator-freezer, and freezer energy conservation
standards based on testing according to the relevant test procedure
waivers. The test procedures established in this final rule include
temperature settings, volume measurements and calculations, and
measuring and calculating energy use for these products. Similar to the
test procedures established for coolers, cooler compartments within
combination cooler refrigeration products are tested to a standardized
compartment temperature of 55[emsp14][deg]F with a usage adjustment
factor of 0.55.
In addition, DOE is establishing a new section, 10 CFR 430.23(dd),
to include the test procedures for coolers and combination cooler
refrigeration products. All of the detailed provisions for testing
these products are incorporated in appendix A. Although coolers and
combination cooler refrigeration products are covered separately from
refrigerators and refrigerator-freezers, there are many similarities
among these products that warrant similar test methods. Therefore, DOE
is amending appendix A to incorporate testing provisions for coolers
and combination cooler refrigeration products rather than establishing
a separate appendix for them. However, as described in the previous
paragraph, the testing provisions for combination cooler refrigeration
products do not take effect until the compliance date of MREF energy
conservation standards.
Test methods for freezers continue to be found at 10 CFR part 430,
appendix B (``appendix B''), which DOE is not amending for testing
MREFs. However, DOE is amending appendix B to incorporate additional
clarifications to the test procedure consistent with the changes being
made to appendix A in this final rule.
The amendments to appendix A established in this final rule
primarily reflect the proposals from the Test Procedure NOPR. However,
DOE has revised parts of the Test Procedure NOPR proposal based on
feedback from the MREF Working Group.\2\ The MREF Working Group
recommended test procedures are found in Term Sheet #1 (see p. 2).
---------------------------------------------------------------------------

\2\ See, for example, the intermediate drafts at documents 59
and 68 in docket ID EERE-2011-BT-STD-0043 on www.regulations.gov.
---------------------------------------------------------------------------

In addition to the specific MREF test procedures in this final
rule, DOE is also amending the test procedures to: (1) Address minor
technical corrections needed in appendices A and B; (2) improve testing
clarity; (3) incorporate volume measurement guidance; (4) remove
provisions for externally-vented products; (5) introduce rounding
requirements; and (6) remove the previous (and obsolete) test
procedures found at 10 CFR part 430, subpart B, appendix A1 and
appendix B1.
When amending a test procedure, DOE typically determines the extent
to which its proposal would alter the measured energy efficiency of any
covered product as determined under the existing test procedure. (42
U.S.C. 6293(e)(1)) DOE notes that DOE has not yet established energy
conservation standards for the products that are the focus of this rule
(i.e., coolers and combination cooler refrigeration products). Hence,
there would be no change in measured energy efficiency by an amendment
to a test procedure. For currently covered consumer refrigeration
products (refrigerators, refrigerator-freezers, and freezers), the
clarifying amendments to appendices A and B established in this final
rule would not result in a change in measured energy use compared to
the existing test procedures.
DOE notes that certain combination cooler refrigeration products,
according to the definitions established in this rule, are currently
certified for compliance with the existing refrigerator, refrigerator-
freezer, and freezer energy conservation standards based on testing
according to test procedure waivers.\3\ To ensure that these products
continue to satisfy a minimum level of energy efficiency, these
products would continue to be treated as refrigerators, refrigerator-
freezers, or freezers (as applicable) until the compliance date of
energy conservation standards established for MREFs. On that date,
these products would no longer be within the scope of the definitions
of refrigerators, refrigerator-freezers, or freezers, and would only be
subject to the relevant MREF test procedures and standards.
Accordingly, they would no longer be required to comply with the
existing refrigerator, refrigerator-freezer, or freezer regulations,
and any granted waivers or interim waivers would no longer apply.
---------------------------------------------------------------------------

\3\ See, for example, the interim waiver granted to Panasonic
Appliances Refrigeration Systems Corporation of America (PAPRSA) on
January 26, 2016. 81 FR 4270.
---------------------------------------------------------------------------

For coolers, manufacturers may, on a voluntary basis, make
representations of energy use starting on August 17, 2016 according to
the provisions in appendix A established in this final rule. For
combination cooler refrigeration products, manufacturers must use the
test procedures in appendix A for all representations of energy use on
or after the compliance date of any energy conservation standards for
these

[[Page 46772]]

products. For all other miscellaneous refrigeration products (e.g.,
coolers), manufacturers must use the test procedures in appendix A for
all representations of energy use on or after January 17, 2017.
Table II.1 describes the amendments proposed in the Test Procedure
NOPR and the final amendments established in this final rule.

Table II.1--Summary of Proposed Changes and Affected Sections of 10 CFR
------------------------------------------------------------------------
Affected sections NOPR proposal Final rule action
------------------------------------------------------------------------
Part 429
------------------------------------------------------------------------
Sec. 429.14.............. Revise section Finalized as
header, clarify proposed with
volume additional
determinations, clarifications,
introduce rounding except product
requirements, category
clarify product determination would
category be based on
determinations. operation in a 90
[deg]F ambient
temperature.
Sec. 429.61.............. Establish sampling Finalized sampling
plan, certification plan, certification
report requirements, report, and
rounding rounding
requirements, and requirements with
product category additional
determinations for clarifications;
MREFs. revised product
category
determination based
on operation in a
90 [deg]F ambient
temperature.
Sec. 429.72.............. Allow for use of Finalized as
computer-aided proposed.
design models to
determine MREF
volumes.
Sec. 429.134............. Update refrigerator, Finalized as
refrigerator- proposed.
freezer, and freezer
provisions to
include rounding
requirements;
establish
enforcement
provisions for MREFs.
------------------------------------------------------------------------
Part 430
------------------------------------------------------------------------
Sec. 430.2............... Establish product Finalized as
definitions for proposed with
MREFs and amend updates to
existing definitions and
refrigerator, coverage as
refrigerator- recommended by the
freezer, and freezer MREF Working Group;
definitions for clarified timing
similar structure. between
refrigerator,
refrigerator-
freezer, and
freezer and
combination cooler
refrigeration
product definitions
(formerly hybrid
refrigeration
products).
Sec. 430.3............... Remove reference to Finalized as
outdated industry proposed.
standard.
Sec. 430.23.............. Modify test Finalized as
procedures sections proposed for
to address the sections (a) and
amendments to the (b); section (dd)
refrigerator, finalized as
refrigerator- proposed with
freezer, and freezer updates to reflect
appendices; insert revised scope of
new section to coverage.
address MREFs and
clarify application
of appendices to
products without
vapor-compression
refrigeration
systems.
------------------------------------------------------------------------
Part 430, Subpart B, Appendix A
------------------------------------------------------------------------
1. Definitions............. Include ``cellar Updated to ``cooler
compartment'' compartment'' and
definition. incorporated MREF
Working Group
feedback.
Establish definition Excluded from final
for ``compartment''. amendments.
Add ``multiple Finalized as
refrigeration system proposed.
product'' definition.
No specific proposal. Added clarification
to ``special
compartment''
definition per
feedback from the
MREF Working Group
and related
recommendation.
2. Test Conditions......... Establish test Finalized as
conditions for MREFs proposed except
consistent with that all ambient
existing temperatures for
refrigerator and testing shall be 90
refrigerator-freezer [deg]F.
requirements, except
for testing in a 72
[deg]F ambient for
non-compressor
coolers.
3. Test Control Settings... Add a standardized Finalized as
cooler compartment proposed.
temperature of 55
[deg]F and otherwise
follow existing
control settings
requirements.
4. Test Period............. No proposal.......... Inserted missing
Figure 1 and
updated language to
general compartment
references (to
include cooler
compartments).
5. Test Measurements....... Measure temperatures Finalized as
for MREFs consistent proposed.
with existing
appendix A
requirements.
Establish usage Established 0.55
factors of 0.55 for usage factor for
vapor-compression all MREFs.
coolers, 1.2 for non-
compressor coolers,
0.85 for combination
cooler refrigeration
products.
Incorporate MREFs Finalized as
into existing proposed.
requirements.
6. Calculations............ Include volume Volume adjustment
adjustment factor of factor of 1.0 for
0.69 for cooler all cooler
compartments in compartments.
combination cooler
refrigeration
products.
Incorporate MREFs Finalized as
into existing proposed.
calculations based
on 55 [deg]F
standardized cooler
compartment
temperature.
Remove provisions for Finalized as
externally-vented proposed.
products.
------------------------------------------------------------------------
Part 430, Subpart B, Appendices A and B
------------------------------------------------------------------------
1. Definitions............. Eliminate definition Finalized as
numbering. proposed.
2. Test Conditions......... Clarify movable Finalized as
subdividing barrier proposed.
positions.

[[Page 46773]]

3. Test Control Settings... Use extrapolation No energy use rating
approach for for models unable
compartments unable to maintain
to maintain standardized
standardized temperatures (would
temperatures. require a
manufacturer to
seek and justify an
application for a
test procedure
waiver).
5. Test Measurements....... Clarify temperature Finalized as
measurement proposed.
requirements.
Incorporate volume Finalized as
measurement guidance. proposed.
5 and 6.................... Include volume Finalized as
rounding proposed, with note
requirements. that rounding is
not required for
refrigerators,
refrigerator-
freezers, and
freezers until the
compliance date of
any amended energy
conservation
standards for those
products.
6. Calculations............ Refer to different Finalized as
temperature setting proposed.
tests as ``tests''
rather than ``test
periods''.
7. Test Procedure Waivers.. Revise text to Finalized as
general terms that proposed.
would include MREFs.
------------------------------------------------------------------------
Part 430, Subpart B, Appendices A1 and B1
------------------------------------------------------------------------
Remove obsolete Finalized as
appendices. proposed.
------------------------------------------------------------------------

III. Scope of Coverage

In response to the feedback received from interested parties on the
Preliminary Analysis and Test Procedure NOPR, the MREF Working Group
was tasked with recommending a scope of coverage for MREFs. To this
end, the Working Group's Term Sheet #1 recommended that DOE not include
two product categories for which it had proposed coverage in the 2013
SNOPD (and for which DOE proposed test procedures in the Test Procedure
NOPR): Non-compressor refrigerators and icemakers. See Term Sheet #1.
DOE proposed in the 2016 SNOPD that MREF coverage would apply only
to coolers and combination cooler refrigeration products, consistent
with the MREF Working Group recommendation, and proposed definitions
for these product categories. DOE agreed with Working Group members
that consumer ice makers are significantly different from the other
product categories considered for coverage under MREFs, and, therefore,
proposed to exclude them from MREF coverage. Additionally, DOE did not
propose a separate product category for non-compressor refrigerators
because it was not aware of any such products available on the market.
See 81 FR 11454, 11456.
The Appliance Standards Awareness Project (``ASAP'') and
Earthjustice (jointly referred to as ``Joint Commenters''); Pacific Gas
and Electric Company (``PG&E''), Southern California Gas Company
(``SCGC''), Southern California Edison (``SCE''), and San Diego Gas and
Electric Company (``SDG&E'') (jointly referred to as the ``California
Investor-Owned Utilities (IOUs)''); and the Association of Home
Appliance Manufacturers (``AHAM'') agreed with DOE's proposed scope of
coverage for MREFs, which included coolers and combination cooler
refrigeration products, but excluded ice makers. (Joint Commenters, No.
23 at p. 1; California IOUs, No. 25 at p. 1; AHAM, No. 24 at p. 2) \4\
---------------------------------------------------------------------------

\4\ A notation in the form ``Joint Commenters, No. 23 at p. 1''
identifies a written comment: (1) Made by the Joint Commenters; (2)
recorded in document number 23 that is filed in the coverage
determination docket (Docket No. EERE-2011-BT-DET-0072) and
available for review at www.regulations.gov; and (3) which appears
on page 1 of document number 23.
---------------------------------------------------------------------------

Because interested parties supported the 2016 SNOPD's proposed
scope of coverage, DOE is establishing that MREFs be defined as
consumer refrigeration products other than refrigerators, refrigerator-
freezers, or freezers, and which include coolers and combination cooler
refrigeration products, as discussed further in this document.

IV. Evaluation of Miscellaneous Refrigeration Products as Covered
Products

In order for MREFs to be classified as a covered product, they are
required to satisfy certain statutory criteria. As stated earlier in
this notice, DOE may classify a consumer product as a covered product
if (1) classifying products of such type as covered products is
necessary and appropriate to carry out the purposes of EPCA; and (2)
the average annual per household energy use by products of such type is
likely to exceed 100 kWh (or its Btu equivalent) per year. (42 U.S.C.
6292(b)(1))

A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA

In this document, DOE has determined that the coverage of MREFs is
both necessary and appropriate to carry out the purposes of EPCA.
MREFs, which comprise a small but significant and growing sector of the
consumer refrigeration market, consume energy generated from limited
energy supplies and regulating their energy efficiency would be likely
to help conserve these limited energy supplies. As a coverage
determination is a prerequisite to establishing standards for these
products, classifying MREFs as a covered product is clearly necessary
and appropriate to carry out EPCA's purposes to: (1) Conserve energy
supplies through energy conservation programs; and (2) provide for
improved energy efficiency of major appliances and certain other
consumer products. (42 U.S.C. 6201)

B. Energy Use Estimates

In the 2016 SNOPD, DOE estimated the average household energy use
for MREFs--coolers and combination cooler refrigeration products.
Because these products were included in the proposed definition of
``miscellaneous refrigeration products,'' their estimated average
household energy use provides a conservative estimate of whether the
average annual per-household energy use of MREFs exceeds 100 kWh/yr, as
required for coverage under EPCA. DOE presented these results and a
detailed discussion of the methodology used for the analysis in Section
IV.B of the 2016 SNOPD. 81 FR at 11456-11457.
1. Coolers
DOE used market data, engineering models, and manufacturer feedback

[[Page 46774]]

received under non-disclosure agreements and during the MREF Working
Group meetings to estimate average household energy use for coolers. In
the 2016 SNOPD, DOE organized the analysis for consistency with the
scope of coverage and product definitions recommended by the MREF
Working Group. The cooler definition proposed in the 2016 SNOPD would
incorporate products, regardless of refrigeration system, under the
same definition. Additionally, DOE proposed four product categories
within the cooler definition based on refrigerated volume and
installation configuration. The analysis conducted for the 2016 SNOPD
separated coolers into these four product categories. 81 FR at 11456-
11457.
Table IV.1 shows the estimated annual energy use for each category
of cooler analyzed in the 2016 SNOPD. DOE found that across all cooler
categories, coolers have an average lifetime of over 10 years and an
average annual energy consumption of 440 kWh per household. Id.

Table IV.1--2016 SNOPD Coolers Estimated Annual Energy Use
--------------------------------------------------------------------------------------------------------------------------------------------------------
Product type
Units ---------------------------------------------------------------- Totals or
Compact FS * Compact BI * FS * BI * averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Energy Consumption (per unit)..... kWh/yr...................... 450 250 370 340 440
Stock..................................... Units, 2014................. 14,500,000 55,000 610,000 120,000 15,300,000
National Energy Consumption............... TWh/yr...................... 6.5 0.014 0.23 0.042 6.8
Average Lifetime.......................... Years....................... 10.3 10.3 17.4 17.4 10.6
Annual Sales.............................. Units, 2014................. 1,400,000 5,400 35,000 7,100 1,460,000
Saturation................................ %........................... 12.6 0.05 0.5 0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
* FS = Freestanding, BI = Built-in.

DOE received no comments on the methodology or analysis used in the
2016 SNOPD to estimate cooler energy use. Therefore, DOE has maintained
the cooler analysis as presented in the 2016 SNOPD and in Table IV.1
for this final determination.
2. Combination Cooler Refrigeration Products
DOE used market data, engineering models, and manufacturer feedback
received under non-disclosure agreements and during the MREF Working
Group meetings to estimate average household energy use for combination
cooler refrigeration products. Similar to the updated coolers analysis,
DOE revised its combination cooler refrigeration product analysis in
the 2016 SNOPD to be consistent with the scope of coverage and product
definitions recommended by the MREF Working Group. For example, the
definition of combination cooler refrigeration product proposed in the
2016 SNOPD removed the 50-percent cooler compartment volume requirement
originally proposed in the 2013 SNOPD. DOE also updated its estimates
of annual shipments, product lifetimes, and energy consumption per unit
for these products based on manufacturer feedback, recommendations from
the MREF Working Group, and more recent product information. 81 FR at
11457.
Table IV.2 shows the estimated annual energy use for each category
of combination cooler refrigeration product analyzed in the 2016 SNOPD.
DOE found that across all categories, combination cooler refrigeration
products have an average lifetime of 12.6 years and an average annual
energy consumption of 222 kWh per household. Id.

Table IV.2--2016 SNOPD Combination Cooler Refrigeration Products Annual Energy Use
--------------------------------------------------------------------------------------------------------------------------------------------------------
Product type *
Units ---------------------------------------------------------------- Totals or
C3A-BI C9-BI C13A C13A-BI averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Energy Consumption (per unit)..... kWh/yr...................... 210 280 210 220 220
Stock..................................... Units, 2014................. 70,000 70,000 160,000 120,000 430,000
National Energy Consumption............... TWh/yr...................... 0.015 0.019 0.035 0.027 0.095
Average Lifetime.......................... Years....................... 17.4 17.4 10.3 10.3 12.6
Annual Sales.............................. Units, 2014................. 4,000 4,000 16,000 12,000 36,000
Saturation................................ ............................ 0.06% 0.06% 0.14% 0.11% ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Product types for combination cooler refrigeration products are based on the product class of refrigerator, refrigerator-freezer, or freezer that the
product would be categorized under if it did not have a cooler compartment.

DOE received no comments on the methodology or analysis used in the
2016 SNOPD to estimate combination cooler refrigeration product energy
use. Therefore, DOE has maintained the combination cooler refrigeration
product analysis as presented in the 2016 SNOPD and in Table IV.2 for
this final determination.
3. Conclusions
Based on the evaluations summarized in Tables IV.1 and IV.2, the
MREF categories examined by DOE consume significantly more than 100 kWh
annually, which led DOE to tentatively determine in the 2016 SNOPD that
these products would satisfy the average annual per household energy
use threshold set by EPCA to classify a product as covered. 81 FR at
11457.
In response to the 2016 SNOPD, the Joint Commenters and California
IOUs agreed with DOE's tentative determination that MREFs satisfy the
energy consumption criteria for coverage under EPCA. (Joint Commenters,
No. 23 at p. 1; California IOUs, No. 25 at p. 2) DOE received no

[[Page 46775]]

comments challenging its tentative determination.
Based upon its evaluations of coolers and combination cooler
refrigeration products, which DOE has not changed since the 2016 SNOPD
analysis, DOE has determined that these products, on average, are
likely to exceed the 100 kWh/yr threshold set by EPCA to classify a
product as covered. Moreover, DOE has determined that MREFs, on
average, consume more than 150 kWh/yr, and that the aggregate annual
national energy use of these products exceeds 4.2 TWh. Accordingly,
these data indicate that MREFs satisfy at least two of the four
criteria required under EPCA in order for the Secretary to set
standards for a product whose coverage is added pursuant to 42 U.S.C.
6292(b). See 42 U.S.C. 6295(l)(1)(A)-(D).

V. Product Definitions

Consistent with the scope of coverage outlined in the 2013 SNOPD,
the Test Procedure NOPR proposed definitions for the following four
product categories that DOE indicated would be considered as MREFs:
Cooled cabinets, non-compressor refrigerators, hybrid refrigerators,
and ice makers. See 79 FR at 74899-74904.
The MREF Working Group subsequently discussed how and whether to
define the various terms related to MREFs. The Working Group ultimately
reached a consensus that is reflected in Term Sheet #1's
recommendations, which included dropping DOE's proposed definitions for
non-compressor refrigerators and ice makers, updating the terms used to
describe the covered MREF product categories based on the discussions
and analyses conducted during the Working Group meetings, revising the
proposed MREF product definitions, and amending the existing
definitions for refrigerators, refrigerator-freezers, and freezers to
ensure consistency with the recommended MREF definitions. See Term
Sheet #1.
Consistent with these recommendations, the 2016 SNOPD contained
proposals for new and amended definitions that would be added to 10 CFR
430.2. DOE proposed new definitions to clearly delineate which products
would fall within the MREF scope of coverage and to define the
individual product categories comprising MREFs. DOE also proposed
similar conforming amendments to the existing definitions for
refrigerators, refrigerator-freezers, and freezers for consistency with
the proposed MREF definitions. The proposed amendments were intended to
eliminate confusion with the proposed MREF definitions, and would not
affect the scope of coverage under the existing refrigerator,
refrigerator-freezer, and freezer definitions, other than for those
products that would fall under the combination cooler refrigeration
products category. The proposed definitions generally followed the MREF
Working Group recommendations with minor revisions to improve clarity.
81 FR at 11457-11461.
In response to the 2016 SNOPD, the Joint Commenters supported the
proposed product definitions. (Joint Commenters, No. 23 at pp. 1-2) The
California IOUs also stated that DOE should adopt the definitions from
Term Sheet #1 to clearly delineate MREF products from those that are
already considered covered products. (California IOUs, No. 25 at p. 2)
Industry representatives raised specific concerns regarding particular
aspects of the various definitions that DOE proposed. Those specific
concerns are addressed in the sections that follow.
As described in section III of this notice, DOE is maintaining the
scope of coverage for MREFs as proposed in the 2016 SNOPD. Therefore,
DOE is establishing definitions for the same terms as proposed in the
2016 SNOPD. The following sections describe each of the new or amended
definitions.

A. Coolers

In the 2016 SNOPD, DOE proposed to define the term ``cooler'' using
the definition for ``cooled cabinet'' proposed in the Test Procedure
NOPR as a starting point and updated to reflect the Working Group's
recommendations (see Term Sheet #1). DOE proposed to define a
``cooler'' as a cabinet, used with one or more doors, that has a source
of refrigeration capable of operating on single-phase, alternating
current and is capable of maintaining compartment temperatures either
no lower than 39 [deg]F, or in a range that extends no lower than 37
[deg]F but at least as high as 60 [deg]F. The proposal also clarified
that these compartment temperatures would be determined in a 90 [deg]F
ambient temperature. 81 FR at 11458-11459.
The California IOUs supported a definition for coolers that would
not differentiate compressor-based coolers from non-compressor coolers.
(California IOUs, No. 25 at p. 2)
AHAM commented that DOE should retain the language excluding
products ``designed to be used without doors'' in the regulatory text,
consistent with the wording included in the statutory language in 42
U.S.C. 6292(a)(1) and agreed upon by the MREF Working Group. (AHAM, No.
24 at pp. 3-4)
DOE notes that the term sheet expressly indicated that the
definitions were in draft form and would be subject to further revision
and modification. See Term Sheet #1, Appendix 2. This provision, which
was presented in the beginning of the appendix in boldfaced-type,
indicated that some modifications to these definitions were possible to
enable DOE to ensure the clarity and consistency of its regulations.
In DOE's view, the proposed revisions to the Working Group's text
would more clearly define the contours of what a ``cooler'' is.
Specifically, by including the phrase ``used with one or more doors,''
the definition states that a product must have at least one door in
order to fall into the category. This phrasing, in addition to being
clearer and more direct, accomplishes the same purpose as the language
referenced by AHAM. Additionally, the revised text does not require a
subjective determination as to the intent of a product's design. If a
product is used with one or more doors, it would be considered a cooler
regardless of the design intent. Therefore, DOE is maintaining the
language of ``used with one or more doors'' in the cooler definition as
well as the combination cooler refrigeration product category
definitions established in this final rule.
AHAM also expressed concern that the proposed definitions state
that compartment temperatures would be ``as determined according to the
provisions in Sec. 429.61(d)(2) [proposed at 79 FR 74894 (December 16,
2014)],'' which included a 72 [deg]F ambient temperature for
determining compartment temperatures. AHAM commented that DOE likely
did not intend to suggest that it will finalize a rule that includes a
72 [deg]F ambient temperature and that, instead, DOE plans to finalize
a rule that will include a 90 [deg]F ambient temperature in Sec.
429.61(d)(2). AHAM stated that its support of the definitions
containing that reference is contingent on that assumption, as it would
strongly object to a 72 [deg]F ambient temperature. (AHAM, No. 24 at p.
3) As noted in the Preamble of the 2016 SNOPD, DOE agreed with the MREF
Working Group recommendation that compartment temperatures be
determined in a 90 [deg]F ambient temperature. 81 FR 11454, 11458. The
requirements in Sec. 429.61(d)(2) reference the MREF test procedure
temperature measurements. In this final rule, DOE is establishing that
compartment temperatures are determined in the test procedure in a 90
[deg]F ambient temperature. Therefore, the definitions with references
to Sec. 429.61(d)(2) refer to operation in a 90

[[Page 46776]]

[deg]F ambient temperature, as AHAM supported.
Liebherr Canada Ltd. (``Liebherr'') stated that it manufactures a
humidor product for storing cigars that operates at storage
temperatures between 61 [deg]F and 68 [deg]F, and that the product was
designed exclusively for the storage of tobacco products in an optimal
humidity condition. Although the proposed cooler definition did not
refer to the storage of wine and other beverages, Liebherr noted that
this phrase was included in the cooler compartment definition in Term
Sheet #1. Liebherr commented that products such as its humidor should
be excluded from coverage because they are not intended for cooling
food or beverages and because they cannot maintain a 55 [deg]F storage
temperature. Liebherr suggested DOE implement a revised cooler
definition that would require the product to be capable of maintaining
a 55 [deg]F storage temperature, noting that this requirement would not
exclude any of the beverage center or wine cooler appliances as
customers would not accept beverages as warm as or warmer than 55
[deg]F. Additionally, Liebherr stated that including products that
cannot reach 55 [deg]F storage temperature would create excessive
burden, as manufacturers would be required to obtain test procedure
waivers for those products. (Liebherr, No. 21 at pp. 2-3)
In the 2016 SNOPD, DOE proposed a cooler definition that did not
include the requirement that the product be designed for the storage of
wine and other beverages to limit potential circumvention. By relying
on quantifiable characteristics, such as compartment temperature, the
proposed definition would allow a third-party to verify a product's
appropriate classification without knowledge of the manufacturer's
design intent. For that reason, DOE is not including reference to the
storage of food or beverages in the cooler definition established in
this final rule.
DOE also considered including the requirement that a product be
able to maintain a 55 [deg]F storage temperature in its cooler
definition. However, as described in the Preliminary Analysis, DOE is
aware of many products marketed for the storage of food and beverages
that are not able to maintain 55 [deg]F compartment temperatures when
tested in a 90 [deg]F ambient temperature. See chapter 3 of the
preliminary TSD. Accordingly, including a 55 [deg]F compartment
temperature requirement in the cooler definition would exclude such
products from being considered coolers subject to test procedures or
any subsequent energy conservation standards. To avoid excluding these
products from coverage, DOE is not including a 55 [deg]F compartment
temperature requirement in the cooler definition. Because humidors such
as the one identified in the Liebherr comment meet the definition for
cooler, they would be subject to DOE's cooler test procedures and any
energy conservation standards for coolers. For products that cannot
maintain the standardized compartment temperatures required in the test
procedure, manufacturers would have to apply for test procedure waivers
according to 10 CFR 430.27 to establish an acceptable test procedure
for each such product.
For the reasons explained above, DOE is adopting, without
modifications, the definition of ``cooler'' proposed in the 2016 SNOPD.
The 2016 SNOPD also contained a proposal to provide additional
definitions for four subcategories within the cooler definition based
on refrigerated volume and configuration, consistent with the same
requirements and definitions currently in place for refrigerators,
refrigerator-freezers, and freezers. DOE proposed four categories of
coolers: Freestanding coolers, freestanding compact coolers, built-in
coolers, and built-in compact coolers. 81 FR at 11459. DOE did not
receive any comments opposing these proposed cooler product categories
proposed in 2016 SNOPD. Therefore, DOE is adopting its proposed
definitions for these four product categories.

B. Combination Cooler Refrigeration Products

In the 2016 SNOPD, DOE proposed to define terms for combination
cooler refrigeration products consistent with the MREF Working Group
recommendations in Term Sheet #1, including ``cooler-refrigerator,''
``cooler-refrigerator-freezer,'' and ``cooler-freezer.'' The proposed
definitions addressed products that combine warm-temperature
compartments, referred to as cooler compartments, with a fresh food
and/or freezer compartment. Additionally, the proposed definitions did
not require that the cooler compartment make up at least 50 percent of
the product's total refrigerated volume, as initially proposed in the
definition for ``hybrid refrigeration product'' in the Test Procedure
NOPR. Similar to the cooler definitions proposed in the 2016 SNOPD, the
proposed combination cooler refrigeration product definitions included
the requirements that the products be used with one or more doors,
operate using single-phase, alternating current electric energy input,
and maintain compartment temperatures as determined in a
90[emsp14][deg]F ambient temperature. 81 FR at 11459.
The California IOUs supported the adoption of combination cooler
refrigeration product definitions that would not exclude non-compressor
products from coverage. (California IOUs, No. 25 at p. 2) Consistent
with its proposal, DOE's definitions for combination cooler
refrigeration products do not exclude non-compressor products.
Similar to the discussion for coolers in section V.A of this
rulemaking, AHAM questioned DOE's proposal to include language in each
of the combination cooler refrigeration product definitions specifying
the use of one or more doors as well as the proposal that compartment
temperatures be determined according to Sec. 429.61(d)(2). (AHAM, No.
24 at pp. 3-4) For the reasons discussed in section V.A of this
rulemaking, DOE is adopting the phrase ``used with one or more doors''
for each of the combination cooler refrigeration product definitions,
as proposed in the 2016 SNOPD, and is establishing in this final rule
that the provisions in Sec. 429.61(d)(2) refer to testing in a
90[emsp14][deg]F ambient temperature.
Additionally, AHAM and Sub Zero Group, Inc. (``Sub Zero'')
separately objected to DOE's proposal to remove references to
8[emsp14][deg]F that were contained in the definitions for cooler-
refrigerator and cooler-refrigerator-freezer. (AHAM, No. 24 at pp. 2-3;
Sub Zero, No. 22 at pp. 1-2) DOE proposed definitions for combination
cooler refrigeration products that were consistent with the definitions
proposed for the non-MREF product types (refrigerators, refrigerator-
freezers, and freezers), but with the requirement that they include a
cooler compartment. As discussed elsewhere in this document, DOE
determined that the proposed temperature updates in the refrigerator
and refrigerator-freezer definitions are not necessary to differentiate
the existing product definitions from the new MREF definitions.
Therefore, DOE is revising its 2016 SNOPD proposal and establishing the
original reference to 8[emsp14][deg]F in the definitions for
refrigerator and refrigerator-freezer. For consistency, DOE is also
establishing 8[emsp14][deg]F as the reference temperature in the
definitions for cooler-refrigerator and cooler-refrigerator-freezer.
AHAM also noted that the 2016 SNOPD did not consistently revise the
Celsius temperature references associated with the proposed change from
8[emsp14][deg]F to 0[emsp14][deg]F. (AHAM, No. 24 at p. 3) DOE has
revised the definitions proposed in the 2016 SNOPD as

[[Page 46777]]

described in the previous paragraph, and has incorporated the correct
Celsius temperature references in this final rule.
As discussed in section V.C of this document, DOE is amending the
relevant refrigerator definitions to exclude products that operate
within the temperature ranges used to define coolers. This revision
would avoid the possibility that a product could be considered both a
cooler and a refrigerator. The relevant combination cooler
refrigeration product definitions use similar language in describing
the non-cooler compartments which will help avoid potential overlapping
definitions.
Other than these temperature-related changes, DOE is establishing
the cooler-refrigerator, cooler-refrigerator-freezer, and cooler-
freezer definitions as proposed in the 2016 SNOPD.
As discussed in the 2016 SNOPD, DOE refers to the term ``cooler
compartment'' but offered no definition for this term, indicating
instead that this term would be defined through the separate MREF test
procedure rulemaking. See 81 FR at 11457-11459. Additionally, AHAM
commented that the MREF Working Group also defined the terms ``cooler-
all-refrigerator'' and ``all-refrigerator'' in Term Sheet #1, but that
these definitions were not present in the 2016 SNOPD. AHAM recommended
that these definitions be included in the test procedure final rule.
(AHAM, No. 24 at p. 4)
DOE proposed in the Test Procedure NOPR to move the definition for
``all-refrigerator'' from appendix A to 10 CFR 430.2. 79 FR at 74901.
The MREF Working Group supported this proposal, and DOE is
incorporating this change in this final rule. DOE is similarly
establishing a definition for ``cooler-all-refrigerator'' in 10 CFR
430.2, consistent with the MREF Working Group recommendation.
DOE did not propose in the 2016 SNOPD definitions that would be
included in appendix A. In this final rule, DOE is establishing a
definition for ``cooler compartment'' (instead of the term ``cellar
compartment'' as used in the Test Procedure NOPR) in appendix A as a
refrigerated compartment designed exclusively for wine or other
beverages within a consumer refrigeration product that is capable of
maintaining compartment temperatures either (a) no lower than
39[emsp14][deg]F (3.9 [deg]C), or (b) in a range that extends no lower
than 37[emsp14][deg]F (2.8 [deg]C) but at least as high as
60[emsp14][deg]F (15.6 [deg]C). The temperature ranges in this
definition are consistent with the Test Procedure NOPR proposal and the
temperature ranges used to define coolers, as discussed in section V.A
of this document. Consistent with the other definitions established in
this document, DOE is establishing that the compartment temperature
ranges be determined in a 90[emsp14][deg]F ambient temperature.
Additionally, the inclusion of an explanation that a cooler compartment
is designed exclusively for wine or other beverages clarifies the
differences between a cooler compartment and a special compartment. DOE
is similarly amending the definition of ``special compartment'' in
appendix A to exclude cooler compartments, consistent with the MREF
Working Group's recommendation.

C. Refrigerators, Refrigerator Freezers, and Freezers

In the 2016 SNOPD, DOE proposed several changes to the existing
definitions for ``refrigerator,'' ``refrigerator-freezer,'' and
``freezer'' to establish a similar structure with the proposed MREF
definitions, improve their clarity, and eliminate potential overlap
among these definitions.\5\ DOE did not propose to redefine the scope
of coverage for these products or to amend the definitions in a manner
that would affect how a currently covered product would be classified
(other than to treat combination cooler refrigeration products as
MREFs). The proposals were consistent with the MREF Working Group
recommendations except for the changes described earlier (i.e.,
revising references to 8[emsp14][deg]F to 0[emsp14][deg]F for freezer
compartment temperatures and inclusion of ``used with one or more
doors'' language). DOE also proposed to eliminate the redundant terms
``electric refrigerator'' and ``electric refrigerator-freezer'' from 10
CFR 430.2. 81 FR at 11459-11460.
---------------------------------------------------------------------------

\5\ The current definitions for ``refrigerator,''
``refrigerator-freezer,'' and ``freezer'' are found under the
definitions for ``electric refrigerator,'' ``electric refrigerator-
freezer,'' and ``freezer'' found in 10 CFR 430.2.
---------------------------------------------------------------------------

As it did in its comments on DOE's proposed ``cooler'' definition,
see supra section V.A, AHAM questioned DOE's use of language in the
definition that would specify that products falling into one of the
refrigeration product categories be those products that are equipped
with one or more doors. AHAM also questioned the proposal's inclusion
of a requirement that compartment temperatures be determined according
to Sec. 429.61(d)(2). (AHAM, No. 24 at pp. 3-4) For the reasons
discussed in section V.A of this document, DOE is adopting the phrase
``used with one or more doors'' for each of the existing refrigeration
product definitions, as proposed in the 2016 SNOPD, and is establishing
that Sec. 429.61(d)(2) refers to testing in a 90[emsp14][deg]F ambient
temperature.
Also as noted in section V.B of this document, AHAM and Sub Zero
opposed DOE's proposal to remove references to 8[emsp14][deg]F in the
definitions for cooler-refrigerator, cooler-refrigerator-freezer,
refrigerator, and refrigerator-freezer. They noted that this change was
not consistent with the MREF Working Group's recommendation of amending
the refrigerator, refrigerator-freezer, and freezer definitions only as
necessary to clarify the differentiation with new MREF definitions.
AHAM and Sub Zero stated that the proposed definition would alter the
scope of coverage for those products, noting that the existing
definition requires that a compartment be capable of maintaining
temperatures below 8[emsp14][deg]F and may be adjusted to
0[emsp14][deg]F. Specifically, AHAM commented that the proposed
definition could create a situation where products that are now
considered refrigerator-freezers could change to refrigerators, or that
some products (depending on defrost type) may no longer have an
applicable product class and would require waivers. (AHAM, No. 24 at
pp. 2-3; Sub Zero, No. 22 at pp. 1-2)
DOE proposed the revised temperature structure to align the
proposed definitions with the test procedure to limit the possibility
of a product meeting the definition requirements but not being able to
be tested. However, DOE acknowledges that this revision is not directly
related to improving clarity or establishing consistency with respect
to the new MREF product definitions. Accordingly, DOE determined that
this potential issue would be more appropriately addressed during a
rulemaking specific to refrigerators, refrigerator-freezers, and
freezers. Therefore, DOE is establishing references to 8[emsp14][deg]F
for the freezer compartment temperature requirements in the definitions
for refrigerators and refrigerator-freezers, and in the associated
combination cooler refrigeration product definitions.
DOE is, however, establishing an additional amendment to the
existing definitions for refrigerators, refrigerator-freezers, and
freezers. The temperature ranges used to define coolers overlap with
those used to define refrigerators, which may lead to uncertainty
regarding appropriate product classification (i.e., products with
compartments capable of maintaining temperatures between
37[emsp14][deg]F and 39[emsp14][deg]F and as high as 60[emsp14][deg]F
would meet both the cooler and existing refrigerator definitions). As
originally discussed in the Test Procedure NOPR, DOE observed that
products with

[[Page 46778]]

compartment temperatures that reach no lower than 37[emsp14][deg]F but
that can also reach at least as high as 60[emsp14][deg]F are more
appropriately classified as coolers instead of refrigerators. 79 FR
74894, 74901-74902. To eliminate uncertainty in product classification,
DOE is amending the refrigerator and related definitions to clarify
that products that meet the cooler temperature ranges are excluded from
the refrigerator and related definitions. However, DOE is clarifying
that these exclusions take effect on the compliance date of any energy
conservation standards for combination cooler refrigeration products.
In clarifying their application, DOE notes that the phrase ``must
comply with an applicable miscellaneous refrigeration product energy
conservation standard'' used in the definitions of refrigerator,
freezer, and refrigerator-freezer adopted in this rule is intended to
more clearly express the same meaning as if the term ``subject to an
applicable energy conservation standard,'' as that term is used in 10
CFR 429.12, were used. In other words, the variation of the term
adopted here is not intended to convey a different meaning than if the
term used in 10 CFR 429.12 were used.
In sum, other than the clarifying revisions noted earlier, DOE is
amending the definitions for refrigerator, refrigerator-freezer, and
freezer in a manner consistent with the 2016 SNOPD proposal.

D. General Terms for the Groups of Products Addressed in This Rule

In the 2016 SNOPD, DOE proposed to define the terms ``miscellaneous
refrigeration product'' and ``consumer refrigeration product'' in a
manner consistent with the MREF Working Group recommendations in Term
Sheet #1. ``Miscellaneous refrigeration product'' would refer to a
consumer refrigeration product other than a refrigerator, refrigerator-
freezer, or freezer, which includes coolers and combination cooler
refrigeration products. ``Consumer refrigeration product'' would refer
to a refrigerator, refrigerator-freezer, freezer, or miscellaneous
refrigeration product. These proposed terms would allow for simpler
references when referring to the groups of products addressed in this
final determination.
DOE did not receive any comments on the proposed definitions for
``miscellaneous refrigeration product'' and ``consumer refrigeration
product'' in response to the 2016 SNOPD. Therefore, DOE is establishing
the definitions as proposed in the 2016 SNOPD in this final rule.
Additionally, because DOE has determined that MREFs meet the
criteria for coverage under EPCA, as discussed in section IV of this
final determination, DOE is amending the definition of ``covered
product'' in 10 CFR 430.2 to include MREFs.

VI. Test Procedure Discussion

A. Test Procedure Sections and Appendices Addressing the Newly Covered
Products

In the Test Procedure NOPR, DOE proposed to modify appendix A to
incorporate provisions that would address the test procedures for
coolers and combination cooler refrigeration products. 79 FR at 74904.
DOE did not receive any comment on this proposal, and is amending
appendix A to include the testing requirements for all newly covered
MREFs, as proposed in the Test Procedure NOPR.
DOE also proposed in the Test Procedure NOPR to amend both
appendices A and B to improve their clarity and incorporate minor
technical corrections. 79 FR 74894. Comments received on these
provisions are addressed in the following discussion sections. After
considering these comments, DOE is adopting these additional amendments
for both appendices A and B to improve clarity and to maintain
consistency between the two related test procedures.

B. Elimination of Definition Numbering in the Appendices

Appendices A, B, A1, and B1 each include an introductory section
(``Section 1'') that defines terms that are important for describing
the test procedures for these products. These sections are currently
numbered such that each definition has a unique sub-section number. In
the Test Procedure NOPR, DOE explained that because the definitions are
all listed in alphabetical order, the current organizational structure
is unnecessary. To improve the readability of these sections and to
limit confusion from renumbering when definitions are added or removed,
DOE proposed to eliminate the sub-section numbering to simplify the
structure of these sections of the appendices. 79 FR at 74904-74905.
DOE did not receive any comments regarding this aspect of its Test
Procedure NOPR proposal, and is removing the section numbering for
definitions from appendices A and B in this final rule. DOE is not
making a corresponding change to appendices A1 and B1 because, as
described in section VI.M of this document, DOE is removing these
appendices from the CFR because they are no longer relevant.

C. Removal of Provisions for Externally-Vented Products

In the Test Procedure NOPR, DOE proposed removing provisions
related to externally-vented products from appendix A to help simplify
and improve the appendix's clarity. These changes entailed the removal
of a number of provisions, including certain definitions, testing
conditions, measurements, and calculations relevant to these products.
DOE also proposed to remove all references to externally-vented
products from the regulatory text in Sec. 430.23(a) of subpart B. 79
FR at 74905.
DOE did not receive any comments in response to the Test Procedure
NOPR proposal on this topic and is incorporating these changes to
appendix A.

D. Sampling Plans, Certification Reporting, and Measurement/
Verification of Volume

In the Test Procedure NOPR, DOE proposed to apply the same
statistical evaluation criteria for consumer product test samples to
MREFs. In addition, DOE proposed to establish a new section 10 CFR
429.61, which would be titled ``Miscellaneous refrigeration products,''
to address sampling plans, certification reports, rounding
requirements, and product category determinations for these products.
79 FR at 74905.
DOE did not receive any comments on the proposed requirements to be
included in 10 CFR 429.61, and is establishing the relevant sampling
plan, certification reporting, rounding, and product category
determination requirements for coolers and combination cooler
refrigeration products in this document. DOE notes that the provisions
within 10 CFR 429.61 clarify that compartment temperatures used to
determine the appropriate product category must be determined in a
90[emsp14][deg]F ambient temperature (by referencing appendix A).
Additionally, DOE has incorporated clarifying edits to the product
category determination section to specify which measured values must be
used in making the determination. This final rule also updates the
refrigerator, refrigerator-freezer, and freezer requirements in 10 CFR
429.14 to include these clarifications (referencing appendix A for
refrigerators and refrigerator-freezers, and appendix B for freezers).
DOE is also clarifying in 10 CFR 429.14 which volume values must be
reported and that the rounding

[[Page 46779]]

requirements for certified volumes do not apply until the compliance
date of amended energy conservation standards for refrigerators,
refrigerator-freezers, and freezers is reached. For both of these
sections in 10 CFR part 429, DOE is also clarifying their section
headings to specify that they refer to consumer products.
DOE's product-specific enforcement provisions are included in 10
CFR 429.134. Within this section, paragraph (b) describes the specific
requirements for refrigerators, refrigerator-freezers, and freezers. In
the Test Procedure NOPR, DOE proposed adding a new section within 10
CFR 429.134 to include product-specific enforcement provisions for
MREFs. DOE proposed that the MREF requirements be consistent with those
in place for refrigerators, refrigerator-freezers, and freezers. 79 FR
at 74905.
DOE did not receive comments in response to the proposed
enforcement provisions for MREFs. In this final rule, DOE is
establishing a new section within 10 CFR 429.134 to include enforcement
requirements for MREFs that are consistent with those currently in
place for refrigerators, refrigerator-freezers, and freezers. DOE is
also amending the enforcement provisions for refrigerators,
refrigerator-freezers, and freezers for consistency with the rounding
requirements discussed in section VI.L of this document.
DOE's current regulations in 10 CFR 429.72(c) allow the use of
computer-aided design (``CAD'') models when determining volume for
refrigerators, refrigerator-freezers, and freezers. In the Test
Procedure NOPR, DOE proposed to add Sec. 429.72(d) to establish the
same approach for MREFs. 79 FR at 74905.
Felix Storch, Inc. (``FSI'') commented that it strongly agreed with
DOE's proposal to allow CAD models in place of measured volumes for
certifying volumes and testing products. (FSI, Test Procedure NOPR, No.
15 at p. 2) \6\ DOE received no other comments regarding this aspect of
its proposal.
---------------------------------------------------------------------------

\6\ A notation in the form ``FSI, Test Procedure NOPR, No. 15 at
p. 1'' identifies a written comment: (1) Made by Felix Storch, Inc.
(FSI); (2) recorded in document number 15 that is filed in the
docket of the test procedure rulemaking for miscellaneous
refrigeration products (Docket No. EERE-2013- BT-TP-0029) and
available for review at www.regulations.gov; and (3) which appears
on page 1 of document number 15.
---------------------------------------------------------------------------

In this final rule, DOE is establishing Sec. 429.72(d) as proposed
in the Test Procedure NOPR, to allow the use of CAD models when
determining volume for MREFs.

E. Compartment Definition

In the Test Procedure NOPR, DOE noted that although the term
``compartment'' is used extensively in the DOE test procedures, it had
not been defined. The DOE test procedure uses the term to refer to both
individual enclosed spaces within a product (e.g., referring to a
specific freezer compartment), as well as all enclosed spaces within a
product that meet the same temperature criteria (e.g., referring to the
freezer compartment temperature--a volume-weighted average temperature
for all individual freezer compartments within a product). DOE noted
that ``compartment'' is defined in the Australian/New Zealand test
procedures (AS/NZS 4474.1-2007); however, DOE noted that the AS/NZS
4474.1-2007 approach is not fully consistent with how the term
``compartment'' is used in the DOE test procedures. To limit the extent
of test procedure changes necessary when including a compartment
definition, DOE proposed a definition for ``compartment'' that included
the two key meanings in the test procedures. 79 FR at 74905-74907.
DOE also proposed additional instructional language in section 5.3
of appendix A and appendix B to clarify how the concept of compartments
should be used in the test procedures: (1) Each compartment to be
evaluated would be an enclosed space without subdividing barriers that
divide the space--a subdividing barrier would be defined as a solid
barrier (including those that contain thermal insulation) that is
sealed around all of its edges to prevent air movement from one side to
the other, or has edge gaps insufficient to permit thermal convection
transfer from one side to the other that would cause the temperatures
on both sides of the barrier to equilibrate; (2) each evaluated
compartment would not be a zone of a larger compartment unless the zone
is separated from the larger compartment by subdividing barriers; and
(3) if a subdividing barrier can be placed in multiple locations, it
would be placed in the median position, or, if it can be placed in an
even number of locations, it would be placed in the near-median
position that results in a smaller (rather than larger) cooler
compartment volume. DOE also proposed to include the set-up requirement
for movable subdividing barriers in section 2.7 of appendix A and in
section 2.5 of appendix B. 79 FR at 74906-74906.
The MREF Working Group considered the issue of a compartment
definition in its discussions. Working Group members indicated that the
intent of the term ``compartment,'' as included in the existing test
procedures, was well-understood by industry and test laboratories, and
that a definition intended to cover the multiple uses in the test
procedure would potentially introduce confusion. Accordingly, the MREF
Working Group recommended that DOE not include a ``compartment''
definition, and that DOE address this issue in a future rulemaking for
refrigerator, refrigerator-freezer, and freezer test procedures. The
MREF Working Group suggested that, at that time, DOE consider adopting
a definition based on the definition in AS/NZS 4474.1-2007. The MREF
Working Group also recommended that DOE include the additional
clarifications for considering compartments in sections 2.7 and 5.3 of
appendix A and sections 2.5 and 5.3 appendix B. The MREF Working Group
further recommended that DOE clarify the definition of ``special
compartment'' to more clearly distinguish between special compartments
and cooler compartments within combination cooler refrigeration
products. See Term Sheet #1 at pp. 7, 10, 17-18, and 32-33.
Consistent with the MREF Working Group recommendation, DOE is not
amending appendix A or appendix B to include a definition for the term
compartment. Instead, this final rule amends appendix A and appendix B
to include the additional clarifications regarding compartments as
proposed in the Test Procedure NOPR. DOE is also amending the current
definition for ``special compartment,'' consistent with the MREF
Working Group recommendation, to refer to any compartment, other than a
butter conditioner or a cooler compartment, without doors that are
directly accessible from the exterior, and with a separate temperature
control (such as crispers convertible to meat keepers) that is not
convertible from the fresh food temperature range to the freezer
temperature range.

F. Cooler Compartments

1. Cooler Compartment Standardized Temperature
In order to ensure that test results are both repeatable and
representative of consumer use, the DOE test procedures require the use
of standardized compartment temperatures representative of typical
consumer use. In the Test Procedure NOPR, DOE proposed a standardized
cooler compartment temperature of 55[emsp14][deg]F, which would apply
to coolers and cooler compartments within

[[Page 46780]]

combination cooler refrigeration products. DOE noted that this
temperature is already widely in use in other industry test methods. In
addition, DOE market research of products with cooler compartments
revealed typical temperature ranges of 45[emsp14][deg]F to
65[emsp14][deg]F, with 55[emsp14][deg]F often representing the most
common target temperature. 79 FR at 74907-74908.
The MREF Working Group supported DOE's proposal from the Test
Procedure NOPR because 55[emsp14][deg]F is already the industry-
accepted compartment temperature for these types of products. The MREF
Working Group recommended that DOE adopt the 55[emsp14][deg]F cooler
compartment temperature in its test procedures for MREFs. See Term
Sheet #1 at p. 20.
For the reasons outlined in the Test Procedure NOPR, and as
supported by the MREF Working Group, DOE is establishing
55[emsp14][deg]F as the standardized cooler compartment temperature
used for testing in appendix A.
2. Cooler Compartment Temperature Measurement
In the Test Procedure NOPR, DOE proposed to reference section
5.5.5.4 of AHAM Standard HRF-1-2008, (``HRF-1-2008''), Association of
Home Appliance Manufacturers, Energy and Internal Volume of
Refrigerating Appliances (2008) for the temperature measurement
requirements in cooler compartments in coolers and combination cooler
refrigeration products. The proposed sensor placements would be
consistent with the existing requirements for fresh food compartments.
To implement this change, DOE proposed to add a reference to cooler
compartments in section 5.1 of appendix A, indicating that temperature
sensor placement within these compartments would be performed as
indicated in Figure 5.1 of AHAM HRF-1-2008. DOE also proposed to
require volume-weighted averaging of cooler compartment temperatures in
cases where there are multiple cooler compartments, similar to the
current requirements for volume-weighted averaging of fresh food and
freezer compartments in sections 5.1.3 and 5.1.4 of appendix A. 79 FR
at 74908.
The MREF Working Group did not specifically address these proposals
in its meetings, but it did recommend that DOE follow the same approach
as outlined in the Test Procedure NOPR. See Term Sheet #1 at pp. 23-26.
Because DOE received supporting feedback, and none opposing, the
Test Procedure NOPR approach, it has incorporated the proposed
temperature measurement requirements for cooler compartments into
appendix A.
3. Cooler Compartments as Special Compartments
In the Test Procedure NOPR, DOE proposed to treat a product as a
combination cooler refrigeration product only if the cooler
compartment(s) comprised at least 50 percent of the total refrigerated
volume. DOE proposed that cooler compartments in products that
comprised less than 50 percent of the total cooler compartment volume
would be treated as special compartments. Special compartments would be
tested at their coldest temperature setting. 79 FR at 74908.
As discussed in section V.B of this document, DOE has eliminated
the 50-percent cooler compartment volume requirement from the
combination cooler refrigeration product definition. Accordingly, the
final rule will not require that cooler compartments be treated as
special compartments, regardless of their volume.
4. Temperature Settings and Energy Use Calculations
In the Test Procedure NOPR, DOE proposed that the temperature
settings and energy use calculations for MREFs would use an approach
similar to those used in the existing refrigerator and refrigerator-
freezer test procedure. Specifically, DOE proposed adding the following
steps to section 3 of appendix A:
(1) The temperature controls for cooler compartments would be
placed in the median position for a first test.
(2) The temperature control setting for the second test would
depend on all of the measured compartment temperatures, including that
of the cooler compartment. The setting would be warm for all
compartments, including the cooler compartment, if the compartment
temperatures measured for the first test are all below their
standardized temperatures; otherwise, the temperature controls would
all be set to their coldest settings.
(3) If all of the measured compartment temperatures are lower than
their standardized temperatures for both tests, the energy use
calculation would be based only on the second (warmest setting) test.
(4) If the measured compartment temperature of any compartment is
warmer than its standardized temperatures for a test with the controls
in the cold setting, the energy use calculation would be based on cold-
and warm-setting tests, subject to specific restrictions based on
compartment temperatures, measured energy use, except that for non-
compressor refrigeration products, the energy use calculation would be
based only on the cold-setting test.
(5) If neither (3) nor (4) occur, the energy use calculation would
be based on both tests.
(6) The test procedure would also allow an energy use rating to be
based simply on the results of a single first test, if that test is
conducted with the compartment temperature controls in their warmest
setting, provided that the measured compartment temperatures are all
below their standardized temperatures.

79 FR at 74908-74909.

DOE proposed that the energy use calculations would follow the same
approach as for the existing test procedures for refrigerators and
refrigerator-freezers, in which energy use is interpolated to the
standardized compartment temperatures. For combination cooler
refrigeration products, DOE proposed that the highest of the three
possible energy use calculations (one each for cooler compartments,
fresh food compartments and/or freezer compartments) would be used to
determine overall energy consumption, consistent with the approach for
refrigerator-freezers. For products unable to maintain compartment
temperatures below the standardized compartment temperatures at any
control setting, DOE proposed extrapolating to the standardized
compartment temperature using the test results at the warm and cold
settings. In the case of non-compressor refrigerators unable to
maintain standardized compartment temperatures, DOE proposed that the
test results be based on the result of the cold setting test only. 79
FR at 74909.
The MREF Working Group discussed appropriate test settings and
energy use calculations for MREFs. Working Group members disagreed with
the Test Procedure NOPR proposals for addressing products unable to
maintain standardized compartment temperatures. The MREF Working Group
ultimately recommended that the test procedure provide no energy use
rating for products unable to maintain standardized compartment
temperatures, consistent with the requirements included in appendix A.
The MREF Working Group supported the other proposals related to
temperature settings and energy use calculations, which were consistent
with the existing requirements for refrigerators and refrigerator-
freezers. The Working Group also recommended that DOE revise the
current version of

[[Page 46781]]

Table 1 in appendix A to simplify the required temperature settings for
each possible compartment temperature result. See Term Sheet #1 at pp.
21-22.
The existing test procedure in appendix A states that if a product
cannot maintain the applicable standardized temperature, it would
receive no energy use rating. Many of the products that would receive
no energy use rating would now be considered coolers under the
definitions described in section V of this document, and would receive
an energy use rating under the test procedures established for those
products in this final rule. However, DOE is aware that certain
products marketed as coolers, particularly those with non-compressor
refrigeration systems, are unable to maintain a 55 [deg]F compartment
temperature in the 90 [deg]F ambient test condition. While these
products would meet the cooler definition, DOE agrees with the MREF
Working Group recommendation and has specified in appendix A that these
products would receive no energy use rating. DOE expects that the
extrapolation approach for these products would not reflect actual
energy consumption in the field, and as a result, no energy use rating
is appropriate. Manufacturers of these products would be required to
pursue a test procedure waiver, as described in section 7 of appendix
A, to determine an appropriate energy use rating for these products
that reflects actual energy use under normal consumer use.
DOE is maintaining the remaining relevant temperature setting and
energy use calculation requirements as proposed and explained in the
Test Procedure NOPR and recommended by the MREF Working Group.
5. Volume Calculations
In the Test Procedure NOPR, DOE proposed that the refrigerated
volume calculation for a cooler compartment would be conducted in the
same way as the existing volume calculations for a fresh food
compartment. Specifically, the volume measurements would be conducted
according to section 3.30 and sections 4.2 through 4.3 of HRF-1-2008,
with additional clarifications as included in appendix A. In
calculating the adjusted volume of coolers, DOE proposed a volume
adjustment factor equal to 1.0. 79 FR at 74909.
For combination cooler refrigeration products, DOE proposed to
apply a volume adjustment factor of 0.69 for cooler compartments. This
adjustment factor was intended to account for the warmer temperature
and reduced thermal load of the cooler compartment when compared to a
fresh food or freezer compartment. The value of 0.69 was based on the
difference between the 55 [deg]F standardized compartment temperature
and the 90 [deg]F ambient temperature relative to the difference
between the 39 [deg]F fresh food standardized compartment temperature
and the 90 [deg]F ambient temperature (fresh food compartments have a
volume adjustment factor of 1.0). 79 FR at 74909.
The MREF Working Group considered cooler compartment volume
adjustment factors in its test procedure recommendation to DOE. The
Working Group agreed with the Test Procedure NOPR proposal of using a
volume adjustment factor of 1.0 for cooler compartment volumes within
coolers (i.e., products including only cooler compartments). For
combination cooler refrigeration products, the Working Group also
recommended a volume adjustment factor of 1.0 for the cooler
compartment volumes. While the approach proposed in the Test Procedure
NOPR is consistent with the calculation to determine the freezer volume
adjustment factor, the Working Group determined that a corresponding
calculation would not be appropriate for cooler compartments. The group
discussed that cooler compartments typically have glass doors, a factor
that leads to an increased thermal load for these compartments despite
their higher internal compartment temperatures. The higher temperature
of a cooler compartment combined with a glass door leads to a thermal
load similar to a fresh food compartment with a solid door.
Accordingly, the MREF Working Group recommended that DOE apply a volume
adjustment factor of 1.0 to all cooler compartments in both coolers and
combination cooler refrigeration products. See Term Sheet #1 at pp. 34-
35.
DOE provided analytical support to the MREF Working Group
discussions which led to the group's recommendation to DOE. In modeling
the performance of combination cooler refrigeration products, DOE found
that fresh food and cooler compartments with typical construction had
very similar thermal loads. For example, assuming a 6-cubic foot volume
for both the fresh food and cooler compartment in a combination cooler
refrigerator with 1.5-inch wall insulation and a mid-tech glass door
for the cooler compartment (i.e., dual-pane with inert gas fill and
low-emissivity coating) resulted in thermal loads of 28.1 Watts (W) for
the cooler compartment and 27.3 W for the fresh food compartment.\7\
---------------------------------------------------------------------------

\7\ The analysis is included in the ``2015-10-20 Working Group
Meeting Materials: Combination Cooler Engineering Results'' file in
docket ID EERE-2011-BT-STD-0043, accessible on regulations.gov.
---------------------------------------------------------------------------

Based on the recommendations from the MREF Working Group and the
supporting modeling data, DOE is establishing the volume calculations
as proposed in the Test Procedure NOPR, except with a volume adjustment
factor of 1.0 for all cooler compartments.
6. Convertible Compartments
Certain compartments may be convertible between the temperature
ranges that define coolers, refrigerators, and freezers (i.e., cooler,
fresh food, and freezer compartment temperatures). To address this
possibility, DOE proposed in the Test Procedure NOPR to modify the
requirements for convertible compartments in appendix A. The proposed
changes included temperature ranges in appendix A, sections 2.7 and
3.2.3, to define whether a compartment is convertible to a cooler
compartment and to provide appropriate temperature settings for
convertible compartments that would be tested as cooler compartments.
The existing requirement that the convertible compartment be tested in
its highest energy use position would not change, nor would the
requirement that separate auxiliary convertible compartments be tested
with the convertible compartment set as the compartment type that
represents the highest energy use position. 79 FR at 74909.
DOE did not receive comments in response to the Test Procedure NOPR
proposal for convertible compartments, and the MREF Working Group did
not specifically address this topic in its discussions. However, the
MREF Working Group included the convertible compartment requirements as
proposed in the Test Procedure NOPR in its test procedure
recommendation to DOE. See Term Sheet #1 at pp. 17-18, 22-23. For these
reasons, DOE is adopting the proposed convertible compartment
requirements from its Test Procedure NOPR for inclusion in appendix A.

G.Test Procedures for Coolers

1. Ambient Temperature and Usage Factor
DOE's existing test procedures for refrigerators, refrigerator-
freezers, and freezers require testing with the cabinet doors kept
closed in an environmentally-controlled room at 90 [deg]F temperature.
This test condition is intended to simulate operation in more typical
room temperature conditions (72

[[Page 46782]]

[deg]F) with door openings. The test procedures for freezers apply
adjustment factors to the measurements of energy use during the test to
adjust for less frequent usage when compared to refrigerators and
refrigerator-freezers. Appendix B applies correction factors of 0.7 for
chest freezers and 0.85 for upright freezers.
DOE proposed in the Test Procedure NOPR to test vapor-compression
coolers in a 90 [deg]F ambient condition, consistent with the existing
test procedures, but with a usage factor of 0.55. This proposed usage
factor is lower than the 0.85 usage factor required by California
Energy Commission (``CEC'') and Natural Resources Canada (``NRCan'')
regulations, and applied in the AHAM test procedure these products. DOE
developed the 0.55 factor by combining data on the performance impacts
of the ambient temperature (72 [deg]F for typical operation versus 90
[deg]F for testing) and the estimated thermal loads for these products
based on typical consumer use. DOE found that operation in the 72
[deg]F temperature resulted in an average measured energy consumption
of 0.46 times the value measured at the 90 [deg]F ambient temperature.
DOE estimated that consumer use for door openings and food loads would
represent a 20-percent additional thermal load (based on the ratio of
the 0.85 to 0.7 usage factors for upright versus chest freezers,
respectively). Multiplying 0.46 by 1.2 results in the overall usage
factor of 0.55 proposed in the Test Procedure NOPR for vapor-
compression coolers. 79 FR at 74910-74912.
DOE testing of non-compressor coolers prior to the Test Procedure
NOPR showed that certain units were unable to maintain standardized
compartment temperatures in a 90 [deg]F ambient condition. To address
this issue, DOE proposed that non-compressor coolers be tested in a 72
[deg]F ambient condition with a usage factor of 1.2 to represent the
additional thermal loads associated with consumer use. 79 FR at 74910-
74912.
The MREF Working Group considered ambient conditions and usage
factors for cooler testing in its recommendations to DOE. The Working
Group agreed with DOE's proposals for testing vapor-compression
coolers, and recommended that DOE require testing in a 90 [deg]F
ambient with a 0.55 usage factor for these products. For non-compressor
coolers, the Working Group disagreed with DOE's proposal. The Working
Group recommended that DOE establish consistent testing requirements
for all coolers, regardless of refrigeration technology. See Term Sheet
#1 at pp. 14, 27.
After considering the MREF Working Group recommendations, DOE is
establishing one set of test requirements for testing coolers in
appendix A, regardless of refrigeration technology. DOE has included
the 90 [deg]F ambient test temperature and 0.55 usage factor as
initially proposed for vapor-compression coolers in the Test Procedure
NOPR. Establishing one set of test requirements ensures that all
products offering the same consumer utility and function are rated on a
consistent basis, providing consumers with a meaningful basis to
compare product energy consumptions. As discussed in section VI.F.4 of
this document, manufacturers of products unable to maintain the
standardized compartment temperature in a 90 [deg]F test condition
would be required to pursue a test procedure waiver, as described in
section 7 of appendix A.
2. Light Bulb Energy
In the Test Procedure NOPR, DOE noted that coolers often have glass
doors that permit consumers to display stored items and manually-
operated lighting to illuminate these items for better viewing. The
procedures under appendices A and B require that electrically-powered
features not required for normal operation and that are manually-
initiated and manually-terminated must be set in their lowest energy
use position during the energy test. However, Canadian Standards
Association, Standard C300-08 (``CSA C300-08'') requires two tests, one
each with the lights on and off, and an average energy use result.
Based on field surveys conducted by Lawrence Berkeley National
Laboratory (``LBNL''), which indicated that 90 percent of consumers
kept light switches off in coolers,\8\ DOE proposed to only test with
any light switches in the off position. 79 FR at 74912.
---------------------------------------------------------------------------

\8\ U.S. Residential Miscellaneous Refrigeration Products:
Results from Amazon Mechanical Turk Surveys, LBNL-6194E, No. 10 at
pp. 43-44.
---------------------------------------------------------------------------

The MREF Working Group supported DOE's proposal in the Test
Procedure NOPR, and recommended that DOE require testing coolers with
any light switches in the off position. See Term Sheet #1 at p. 15
(recommending use of the operational conditions for a unit under test
prescribed in specific provisions from HRF-1-2008).
Based on the data cited in the Test Procedure NOPR and the MREF
Working Group recommendation, DOE is requiring that cooler compartments
be tested with any light switches in the off position. This requirement
is consistent with the existing provisions in appendix A and appendix B
for electrically-powered features not required for normal operation and
that are manually-initiated and manually-terminated.

H. Non-Compressor Refrigeration Products

1. Ambient Temperature for Non-Compressor Refrigeration Products
In the Test Procedure NOPR, DOE proposed definitions and specific
test provisions for non-compressor refrigerators. 79 FR at 74912-74913.
As discussed in section III of this document, DOE did not establish
coverage for non-compressor refrigerators as MREFs because it is not
aware of any of these products available on the market.
In response to the Test Procedure NOPR proposals, Indel B S.p.a.
(``Indel B'') commented that at a 90 [deg]F ambient temperature, it is
impossible for some absorption refrigerators to work. It stated that
for reasons based on the properties of the chemicals involved, raising
the ambient temperature is not the same as door openings because gas
mixes have a worse performance at 90 [deg]F as opposed to a 72 [deg]F
ambient conditions. (Indel B, Public Meeting Transcript, No. 14 at p.
106) \9\
---------------------------------------------------------------------------

\9\ A notation in the form ``Indel B, Public Meeting Transcript,
No. 14 at p. 106'' identifies an oral comment that DOE received on
January 8, 2015 during the Test Procedure NOPR public meeting, was
recorded in the public meeting transcript in the docket for the test
procedure rulemaking (Docket No. EERE-2013-BT-TP-0029). This
particular notation refers to a comment (1) made by Indel B S.p.a.
(Indel B) during the public meeting; (2) recorded in document number
14, which is the public meeting transcript that is filed in the
docket of the test procedure rulemaking; and (3) which appears on
page 106.
---------------------------------------------------------------------------

Products with non-compressor refrigeration systems would be
considered coolers, not refrigerators, based on DOE's testing and the
product definitions discussed earlier in this document, and would be
subject to the cooler testing requirements detailed elsewhere in this
final rule. Accordingly, DOE is not establishing specific testing
provisions for non-compressor refrigerators in appendix A. DOE notes
that while non-compressor products likely cannot maintain a 39 [deg]F
compartment temperature in a 90 [deg]F ambient temperature, many are
capable of maintaining the 55 [deg]F compartment temperature required
for cooler testing. If testing in the 90 [deg]F ambient condition is
not appropriate for certain products, manufacturers of those products
would be required to pursue a test procedure waiver, as described in
section 7 of appendix A, to determine an appropriate energy use rating
for these products.

[[Page 46783]]

2. Refrigeration System Cycles
In the Test Procedure NOPR, DOE proposed to clarify in 10 CFR
430.23 that, in the context of non-compressor products, the term
``compressor cycle'' means a ``refrigeration cycle'' and that the term
``compressor'' refers to a ``refrigeration system.'' The proposal would
clarify references in appendix A to specifically refer to compressor
operation or complete compressor cycles. DOE proposed this approach
rather than establishing parallel identical test procedures for non-
compressor products, or inserting the phrase ``or refrigeration system
cycles for non-compressors products,'' to simplify the text in appendix
A. DOE also proposed that the test procedure requirements in place for
refrigerators and refrigerator-freezers with multiple compressors would
also apply to non-compressor products with multiple refrigeration
systems. 79 FR at 74913-74914.
DOE did not receive feedback in response to this proposal in the
Test Procedure NOPR. Therefore, in this final rule, DOE is establishing
the clarification in 10 CFR 430.23(dd) as proposed in the Test
Procedure NOPR.

I. Extrapolation for Refrigeration Products

Appendices A and B do not currently provide energy use ratings for
products that are unable to maintain standardized compartment
temperatures. The previous test procedures in appendices A1 and B1
included an extrapolation calculation based on the warm and cold test
setting energy use results to estimate energy use at the standardized
compartment temperatures.
In the Test Procedure NOPR, DOE proposed to include the
extrapolation method in appendix A and appendix B to determine energy
use ratings for refrigeration products other than non-compressor
refrigerators--the Test Procedure NOPR proposed using the cold setting
results only in the case of non-compressor refrigerators unable to
maintain standardized compartment temperatures. The proposal would also
ensure that the extrapolation method would only be used when the
calculations would provide meaningful energy use results (i.e., higher
energy consumption associated with extrapolating to the lower
compartment temperatures) by requiring that the measured warm-setting
compartment temperature(s) are warmer than the cold-setting compartment
temperature(s), and the measured energy use must be lower in the warm
setting. 79 FR at 74914.
The MREF Working Group recommended that DOE not include the
extrapolation approach in Appendix A for products unable to maintain
standardized compartment temperatures. Instead, the Working Group
recommended that DOE maintain the ``no energy use rating'' approach for
these products. See Term Sheet #1 at pp. 21-22.
DOE notes that extrapolating energy use results from the warm and
cold test settings for a test unit may result in a final energy use
that would be higher than any actual energy use possible in the field.
For this reason, DOE has not included the extrapolation approach in
appendix A or appendix B, consistent with the recommendation from the
MREF Working Group. For any units unable to maintain standardized
compartment temperatures, manufacturers would instead need to apply for
a test procedure waiver that would ensure representative test results.

J. Combination Cooler Refrigeration Product Test Procedures

To properly address testing issues involved with assessing the
energy usage of combination cooler refrigeration products, DOE examined
a number of factors. These factors included appropriate ambient
temperatures, usage factors, standardized temperatures, and temperature
control settings and energy use calculations. These different elements,
along with the test requirements DOE is establishing in this final
rule, are discussed in detail below. The test provisions for
combination cooler refrigeration products discussed in this section
will be required on the compliance date for any future energy
conservation standards established for combination cooler refrigeration
products.
1. Ambient Temperature
In the Test Procedure NOPR, DOE proposed to require that
combination cooler refrigeration products be tested in a 90 [deg]F
ambient temperature. DOE proposed this test condition for consistency
with the test requirements for refrigerators, refrigerator-freezers,
and freezers. 79 FR at 74914-74915.
The MREF Working Group recommended DOE maintain the test conditions
as proposed in the Test Procedure NOPR. See Term Sheet #1 at p. 14.
In this final rule, DOE is establishing that combination cooler
refrigeration products must be tested in a 90 [deg]F ambient
temperature, consistent with the existing requirements for
refrigerators, refrigerator-freezers, and freezers, as well as the
newly established ambient conditions for coolers, as discussed in
section VI.G.1 of this document.
2. Usage Factor
For combination cooler refrigeration products, DOE proposed in the
Test Procedure NOPR that a usage adjustment factor of 0.85 be applied
in the energy use calculations. Because a portion of these products is
made up of a cooler compartment, DOE noted that the door opening
frequency would likely be closer to that of a cooler than a
refrigerator. Despite proposing a usage factor of 0.55 for coolers in
the Test Procedure NOPR, DOE proposed a higher value for combination
cooler refrigeration products because the 90 [deg]F ambient temperature
likely has a lesser impact on the performance of these products when
compared to coolers. 79 FR at 74914-74915.
The MREF Working Group discussed the appropriate usage factor for
combination cooler refrigeration products, and recommended that DOE
include a factor of 0.55 for these products, consistent with the usage
factor proposed and recommended for coolers. See Term Sheet #1 at p.
27. In reaching this recommendation, the Working Group also discussed
limited consumer use data provided by AHAM in comments submitted in
response to the Test Procedure NOPR, which indicated that combination
cooler refrigeration products are used much less frequently than
refrigerators or refrigerator-freezers. (AHAM, Test Procedure NOPR, No.
18 at p. 9)
Consistent with the MREF Working Group recommendation, and based on
the limited available data, DOE expects that combination cooler
refrigeration products are used in a similar manner to coolers--i.e.,
not as the primary food-storage product for the residence, and
typically used to store beverages. Therefore, DOE is establishing a
usage factor of 0.55 in the appendix A calculations for these products,
consistent with the usage factor established for coolers.
3. Temperature Control Settings and Energy Use Calculations
In the Test Procedure NOPR, DOE also proposed to require that the
temperature setting requirements and resulting energy use calculations
for combination cooler refrigeration products be consistent with the
existing approach used for refrigerators, refrigerator-freezers, and
freezers. 79 FR at 74915.
The MREF Working Group supported the approach outlined in the Test

[[Page 46784]]

Procedure NOPR; however, as discussed in section VI.I of this document,
the Working Group recommended that DOE remove the extrapolation
calculation for products not able to maintain the standardized
compartment temperatures. See Term Sheet #1 at pp. 21-22.
Based on the Test Procedure NOPR proposal and the MREF Working
Group's feedback, DOE is establishing the following test setting and
energy use calculation approach for combination cooler refrigeration
products, consistent with the existing requirements for refrigerators,
refrigerator-freezers, and freezers:
(1) A first test would be conducted with all temperature controls
set in their median position.
(2) If the measured compartment temperatures during the first test
are all lower than the compartments' standardized temperatures, a
second test would be conducted with all temperature controls set in
their warmest positions. If the measured compartment temperatures for
the second test are still lower than the compartments' standardized
temperatures, the energy use would be calculated based on the results
of the second test only. Otherwise, the energy use would be calculated
based on the results of both tests.
(3) Conversely, if one or more of the measured compartment
temperatures during the first test are warmer than the standardized
temperature(s), the second test would be conducted with all temperature
controls set in their coldest positions. If, for this second test, the
measured compartment temperatures are all lower than the compartments'
standardized temperatures, the results of both tests would be used to
calculate the energy consumption. If one or more of the compartment
temperatures are still warmer than the standardized temperatures, the
test would not result in an energy use rating.
(4) Alternatively, the energy use could be calculated based on a
single test conducted with all temperature controls set in their
warmest position, if the measured compartment temperatures are all
lower than their compartments' standardized temperatures.
For combination cooler refrigeration products, DOE is requiring
that the energy use be determined based on the above steps for each
individual compartment type in the product. The final energy use rating
is then based on the highest calculated energy consumption from the
different compartment types. This is consistent with the existing
approach for refrigerator-freezers.
Because DOE is incorporating test procedures for coolers and
combination cooler refrigeration products into appendix A, DOE is also
revising the text and tables in section 3.2.1 of appendix A to simplify
the description of the test setting requirements as they apply to all
products that may be tested.

K. Incidental Changes To Test Procedure Language To Improve Clarity

In the Test Procedure NOPR, DOE proposed additional revisions to
the appendix A and appendix B test procedures to improve clarity.
DOE proposed to revise the references to the different control
settings needed for testing. Specifically, DOE proposed to change the
language to refer to ``tests'' rather than ``test periods'' in appendix
A and appendix B. 79 FR at 74923.
DOE proposed to amend the regulatory language associated with
separate auxiliary compartments. Rather than discussing ``first'' fresh
food or freezer compartments, DOE proposed to use the term ``primary''
fresh food or freezer compartments. Id.
DOE proposed to modify its definition for variable defrost. Rather
than indicating that the times between defrost should vary with
different usage patterns and include a continuum of lengths of time
between defrosts as inputs vary, DOE proposed to modify the language by
replacing ``should'' with ``must.'' Id.
DOE proposed to extend certain set-up provisions to some of the new
product classes addressed by this document. For example, section 2.4 of
appendix A describes requirements for automatic defrost refrigerator-
freezers. DOE proposed to indicate in the title of this section that
this provision would apply to all automatic defrost refrigeration
products covered by appendix A that have freezer compartments with a
temperature range equivalent to the freezer compartments of
refrigerator-freezers (which would include cooler-refrigerator-freezers
and cooler-freezers). Also, section 2.5 of appendix A describes
requirements for all-refrigerators with small compartments for the
freezing and storage of ice. DOE proposed that the title of this
section be modified to also reference cooler-all-refrigerators (as well
as other product types that are no longer relevant). Finally, section
2.11 of appendix A addresses refrigerators and refrigerator-freezers
with demand-response capability. DOE proposed that this requirement
would generally apply to refrigeration products covered by the test
procedure. Id.
The MREF Working Group included the clarifications as described
above in its test procedure recommendation to DOE. See Term Sheet #1 at
pp. 15-19. DOE did not receive any additional feedback on these
proposals; therefore, DOE is establishing the clarifications in
appendix A and appendix B as proposed in the Test Procedure NOPR.
In addition to the clarifications described above and proposed in
the Test Procedure NOPR, DOE is also correcting an error identified in
appendix A. DOE published a final rule in the Federal Register on
January 25, 2012, which, in relevant part, updated Figure 1 in section
4.2.1.1 of appendix A. 79 FR 22320. On April 21, 2014, DOE published a
final rule that inadvertently removed Figure 1 from section 4.2.1.1 of
appendix A. DOE is reinserting Figure 1 into section 4.2.1.1 to improve
the clarity of the test procedure. Neither the error nor the correction
in this document affect the substance of the test procedure or
compliance with existing energy conservation standards. Accordingly,
DOE finds that notice and comment is unnecessary for this clarifying
amendment.
DOE is also amending certain sections in appendix A to remove
specific references to fresh food and freezer compartments. The
existing phrasing in appendix A would exclude MREFs containing cooler
compartments.
In section 5.1(b) of appendices A and B, DOE is clarifying that
thermocouples may be relocated to maintain a minimum 1-inch air space
from adjustable shelves or component, but that the sensors shall not be
relocated if the instructions in HRF-1-2008 specify a location with
less than 1 inch distance to a component.

L. Changes to Volume Measurement and Calculation Instructions

Due to questions received regarding how to account for certain
component volumes, DOE issued guidance on the proper treatment of such
components in August 2012 (``Guidance on Component Consideration in
Volume Measurements,'' No. 11, (``August 2012 Guidance'')).\10\ DOE
proposed in the Test Procedure NOPR to amend appendices A and B to
clarify the appropriate volume measurements consistent with the
instructions provided in the August 2012 Guidance. DOE also proposed
rounding requirements for compartment and overall volumes, and to refer
to adjusted total volume as ``AV'' rather than ``VA''

[[Page 46785]]

in appendix A and appendix B. 79 FR at 74923.
---------------------------------------------------------------------------

\10\ This and other DOE guidance documents are available for
viewing at https://www1.eere.energy.gov/guidance/default.aspx?pid=2&spid=1.
---------------------------------------------------------------------------

The MREF Working Group discussed the Test Procedure NOPR proposals
for volume measurements and calculations, and generally supported their
inclusion in the test procedures. However, the Working Group
recommended that the new rounding requirements for refrigerator,
refrigerator-freezer, and freezer volumes not be required for use until
the compliance date of any amended energy conservation standards for
these products. The MREF Working Group recommended that the test
procedure include an introductory note to clarify this point. See Term
Sheet #1 at p. 8.
DOE agrees with the MREF Working Group recommendations regarding
volume measurements and calculations. Additionally, although the
Working Group did not make specific recommendations for updating
appendix B for freezers, DOE is incorporating similar changes into
appendix B to maintain consistency between the two test procedures.
Accordingly, DOE is establishing the following requirements and
clarifications in appendix A and appendix B.
The following component volumes shall not be included in the
compartment volume measurements: Icemaker compartment insulation (e.g.,
insulation isolating the icemaker compartment from the fresh food
compartment of a product with a bottom-mounted freezer with through-
the-door ice service), fountain recess, dispenser insulation, and ice
chute (if there is a plug, cover, or cap over the chute per Figure 4-2
of HRF-2-2008). However, the following component volumes shall be
included in the compartment volume measurements: icemaker auger motor
(if housed inside the insulated space of the cabinet), icemaker kit,
ice storage bin, and ice chute (up to the dispenser flap, if there is
no plug, cover, or cap over the ice chute per Figure 4-3 of HRF-1-
2008).
Adjusted total volume was previously designated VA in appendices A
and B, whereas it is designated AV in 10 CFR 430.32. DOE is changing
the designation to AV in the test procedure appendices for consistency.
Volumes of freezer, fresh food, and cooler compartments shall be
rounded to the nearest 0.01 cubic foot, and if the volumes of these
compartments are recorded in liters, they shall be converted to cubic
feet and rounded to the nearest 0.01 cubic foot before using these
values when calculating the total refrigerated volume or adjusted total
volume. Total refrigerated volume and adjusted volume shall be recorded
to the nearest 0.1 cubic foot. DOE is also including the clarifying
note as recommended by the MREF Working Group to explain that the new
rounding requirements are not required until the compliance date of any
amended energy conservation standards for refrigerators, refrigerator-
freezers, and freezers.

M. Removal of Appendices A1 and B1

The most recent energy conservation standards for refrigerators,
refrigerator-freezers, and freezers took effect for products
manufactured on or after September 15, 2014. To prevent confusion and
to eliminate unnecessary regulatory text, DOE proposed in the Test
Procedure NOPR to remove appendix A1 and appendix B1 from subpart B to
10 CFR part 430 and to remove reference to these appendices in other
parts of the regulations. 79 FR at 74923-74924.
Appendices A1 and B1 incorporated by reference ANSI/AHAM HRF-1-
1979, (Revision of ANSI B38.1-1970), (``HRF-1-1979''), American
National Standard, Household Refrigerators, Combination Refrigerator-
Freezers and Household Freezers. DOE proposed removing HRF-1-1979 from
the list of standards incorporated by reference, corresponding to the
removal of appendix A1 and appendix B1. 79 FR at 74924.
DOE did not receive any comments on this topic, and is removing
appendix A1 and appendix B1 from 10 CFR part 430, subpart B. DOE is
also removing HRF-1-1979 from the list of standards incorporated by
reference in 10 CFR 430.3.

N. Compliance With Other EPCA Requirements

1. Test Burden
EPCA requires that the test procedures DOE prescribes or amends be
reasonably designed to produce test results that measure the energy
efficiency, energy use, or estimated annual operating cost of a covered
product during a representative average use cycle or period of use.
These procedures must also not be unduly burdensome to conduct. 42
U.S.C. 6293(b)(3). DOE has concluded that the amendments established by
this final rule satisfy this requirement.
The test procedures established in this final rule apply primarily
to products currently unregulated by DOE. Most of these products are
very similar to refrigerators, refrigerator-freezers, and freezers, and
use refrigeration systems to keep the interiors of insulated cabinets
cool. The test procedures are based on, and consistent with, test
procedures currently required for testing refrigerators, refrigerator-
freezers, and freezers and would not represent any greater test burden
than DOE's test procedures for these products.
DOE considered whether the test procedures could be modified to
further reduce test burden without negatively affecting test accuracy
and concluded that there are no such options for modification at this
time that would significantly reduce the burden beyond the steps
already taken and described above.
2. Changes in Measured Energy Use
There currently are no DOE test procedures or energy conservation
standards for coolers and combination cooler refrigeration products.
Hence, the amendments established in this final rule do not change the
measured energy use for these products.
For refrigerators, refrigerator-freezers, and freezers, the
amendments established in this final rule only clarify the existing
test provisions for these products and do not result in any changes in
measured energy use. However, as discussed in sections V.B and VI.J of
this document, combination cooler refrigeration products, according to
the definitions established in this rule, are currently certified for
compliance with the existing refrigerator, refrigerator-freezer, and
freezer energy conservation standards based on testing according to
test procedure waivers. The amendments established in this final rule
will not affect the measured energy use for these products, and
corresponding compliance with existing energy conservation standards,
because the relevant test procedure amendments will not take effect
until the compliance date of energy conservation standards for
combination cooler refrigeration products. Accordingly, manufacturers
of combination cooler refrigeration products will continue to meet
these current standards until the compliance date of any applicable
MREF standards is reached--at which point, these products will be
required to satisfy the new MREF standards.
3. Standby and Off Mode Energy Use
EPCA directs DOE to amend its test procedures to include standby
mode and off mode energy consumption. It also requires that this energy
consumption be integrated into the overall energy consumption
descriptor for the product, unless DOE determines that the current test
procedures for the product already fully account for and incorporate
the standby and off mode

[[Page 46786]]

energy consumption of the covered product. (42 U.S.C.
6295(gg)(2)(A)(i)).
The test procedures established in this final rule measure the
energy use of the affected products during extended time periods that
include periods when the compressor and other key components are cycled
off. All of the energy these products use during the ``off cycles''
would be included in the measurements. A given refrigeration product
being tested could include auxiliary features that draw power in a
standby or off mode. In such instances, HRF-1-2008, which is
incorporated in relevant part into the DOE test procedures, generally
instructs manufacturers to set certain auxiliary features to the lowest
power position during testing. In this lowest power position, any
standby or off mode energy use of such auxiliary features would be
included in the energy measurement. Hence, no additional test procedure
changes are necessary to account for standby and off mode energy
consumption.

VII. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

The Office of Management and Budget (OMB) has determined that
coverage determination and 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). Additionally, the definitions established in this document
clarify the definitions of certain specific products already regulated
by DOE and those products that are under consideration for potential
regulatory coverage. 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., as amended by
the Small Business Regulatory Fairness Act of 1996) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment and a
final regulatory flexibility analysis (``FRFA'') for any such rule that
an agency adopts as a final rule, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. A regulatory flexibility analysis
examines the impact of the rule on small entities and considers
alternative ways of reducing negative effects. 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 this final
rule under the provisions of the Regulatory Flexibility Act and the
procedures and policies published on February 19, 2003. DOE has
concluded that the rule would not have a significant impact on a
substantial number of small entities. The factual basis for this
certification is as follows:
For manufacturers of consumer refrigeration products, the Small
Business Administration (``SBA'') has set a size threshold, which
defines those entities classified as ``small businesses'' for the
purposes of the statute. DOE used the SBA's size standards published on
January 31, 1996, as amended, to determine whether any small entities
would be required to comply with the rule. 61 FR 3280, 3286, as amended
at 67 FR 3041, 3045 (Jan. 23, 2002) and at 69 FR 29192, 29203 (May 21,
2004); see also 65 FR 30836, 30850 (May 15, 2000), as amended at 65 FR
53533, 53545 (Sept. 5, 2000). 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. MREF manufacturers are classified under NAICS
335222, ``Household Refrigerator and Home Freezer Manufacturing'' and
NAICS 333415, ``Air-Conditioning and Warm Air Heating Equipment and
Commercial and Industrial Refrigeration Equipment Manufacturing.'' The
SBA sets a threshold of 1,250 employees or less for an entity to be
considered as a small business for NAICS 335222 and 333415.
In this final rule, DOE establishes coverage and test procedures
for MREFs, comprising coolers and combination cooler refrigeration
products. As described in section VI.N.2, there are no current DOE
energy conservation standards for MREFs; however, certain products that
would be considered MREFs currently must meet and certify compliance
with, existing refrigerator, refrigerator-freezer, and freezer energy
conservation standards.
The test procedures established in this final rule may impact
manufacturers who are required to test their products in accordance
with these requirements. DOE has analyzed these impacts on small
businesses and presents its findings below.
DOE examined the potential impacts of the new testing procedures
established in this rulemaking under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on February
19, 2003. In using these procedures, DOE conducted a more focused
inquiry into small business manufacturers of products that would be
covered by this proposal. During its market survey, DOE used all
available public information to identify potential small manufacturers.
DOE's research involved reviewing product databases (e.g., CEC and
NRCan databases) and individual company Web sites to create a list of
companies that manufacture or sell MREFs. DOE reviewed these data to
determine whether the entities met the SBA's definition of a small
business manufacturer of MREFs and screened out companies that: (1) Do
not offer products that would be affected by the proposed amendments,
(2) do not meet the definition of a ``small business,'' or (3) are
foreign-owned and operated.
Using the SBA's definition, DOE identified two small businesses
that would be affected by this final rule. From its analysis, DOE
determined the expected impacts of the final rule on affected small
businesses and whether DOE could certify that this rulemaking would not
have a significant economic impact on a substantial number of small
entities.
This final rule establishes test procedures for manufacturers to
use as a basis for representations of the energy efficiency of all
coolers beginning on January 17, 2017, and of combination cooler
refrigeration products starting on the effective date of energy
conservation standards for those products. Coolers are currently
regulated by the CEC and NRCan as wine chillers. DOE assumes that such
products sold in California and/or Canada are the same products sold in
the remaining states. Hence, manufacturers likely have already tested
such products in order to report energy use to CEC and/or NRCan. The
established test procedures modify the calculation of energy use for
these products compared to the calculations used by these regulatory
entities, but do not require retesting of individual models. With
respect to manufacturers of combination cooler refrigeration products,
these manufacturers already apply a test method (through a DOE-

[[Page 46787]]

granted test procedure waiver) that accounts for the warmer cooler
compartment temperatures of these products. Similar to coolers, these
products would require a modified calculation of energy use, but would
not require retesting. For any products not currently tested by
manufacturers, DOE estimates an average of $2,500 per test. This
estimate is based on input from third-party testing laboratories for
conducting these and similar tests.
FSI commented that DOE's estimate of $2,500 per test is too low,
and that it had received quotes of $4,500 per test from two
laboratories. (FSI, Test Procedure NOPR, No. 15 at pp. 4-5) As
explained earlier in this section, DOE believes that all newly covered
products that will be subject to the testing requirements established
in this final rule are already tested according to similar test
methods. Therefore, DOE does not expect this rule to require any
additional manufacturer testing beyond what is currently in place.
However, if additional testing were to be required, the costs would
likely be within the range identified by DOE and the FSI comment.
The primary cost for small businesses under this rulemaking would
result from the aforementioned modified calculations and potential
testing requirements. As mentioned above, existing cooler models that
are being sold in the U.S. are assumed to have already been tested and
would require only an adjustment of the calculated energy use. DOE
estimated that 23 basic models of coolers are available from the
identified small businesses. DOE estimated that revising the energy use
representations for these products would require 220 hours of effort
for each manufacturer. The average hourly salary for an engineer
completing these tasks is estimated to be $44.36.\11\ Fringe benefits
are estimated to be 30 percent of total compensation, which brings the
hourly costs to employers associated with reviewing and filing of
reports to $57.67.\12\ Therefore, total costs to small businesses to
implement the requirements of this rulemaking are estimated to be
$25,000, or an average of $12,500 per small business.
---------------------------------------------------------------------------

\11\ U.S. Department of Labor, Bureau of Labor Statistics. 2011.
National Occupational Employment and Wage Estimates. Washington, DC.
\12\ U.S. Department of Labor, Bureau of Labor Statistics. 2010.
Employer Costs for Employee Compensation--Management, Professional,
and Related Employees. Washington, DC.
---------------------------------------------------------------------------

DOE also analyzed the testing cost burden relative to the revenues
of small manufacturers. Based on this analysis, DOE estimates that the
cost burden for revising representations of coolers ranges from 0.02 to
0.04 percent of annual revenues, depending on the specific small
business. DOE concludes that these values are unlikely to represent a
significant economic impact for small businesses.
Based on the criteria outlined above, DOE has determined that the
test procedures established in this final rule 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 has transmitted its certification and supporting
statement of factual basis for both the coverage determination and test
procedure to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

DOE's coverage determination does not impose any new information or
record-keeping requirements on manufacturers. Manufacturers of MREFs
must test their products in accordance with the DOE test procedure and
are required to retain records of that testing. Should DOE promulgate
energy conservation standards for MREF products, manufacturers must
certify to DOE that their products comply with any applicable energy
conservation standards. DOE has established regulations for the
certification and recordkeeping requirements for all covered consumer
products and commercial equipment. See 10 CFR part 429, subpart B. 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 30 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 of 1969

DOE has determined that MREFs (as defined in this document) meet
the criteria for classification as covered products and that future
energy conservation standards may be warranted to regulate their energy
usage. Should DOE pursue that option, the relevant environmental
impacts would be explored as part of that rulemaking. Additionally,
this final rule establishes test procedures for MREFs and amends the
existing test procedures for refrigerators, refrigerator-freezers, and
freezers. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and DOE's
implementing regulations at 10 CFR part 1021. First, this action
establishes a class of products (``MREFs'') for which energy
conservation standards would be appropriate. However, this action does
not establish energy conservation standards, and, therefore, does not
result in any environmental impacts. Thus, this action is covered by
Categorical Exclusion A6 ``Procedural rulemakings'' under 10 CFR part
1021, subpart D. Second, this rule amends the existing test procedures
without affecting the amount, quality or distribution of energy usage,
and, therefore, will not result in any environmental impacts. Thus,
this rulemaking is covered by Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to any rulemaking that interprets
or amends an existing rule without changing the environmental effect of
that rule. Accordingly, under either of these exclusions, neither an
environmental assessment nor an environmental impact statement is
required.

E. Review Under Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE examined this final rule and has

[[Page 46788]]

determined that it will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this 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.
DOE notes that currently existing State and local level energy
conservation standards for MREFs that were prescribed or enacted prior
to the publication of any standards that DOE may set for these products
will not be preempted until the compliance date of those Federal
standards. (42 U.S.C. 6295(ii)(1)).

F. Review Under Executive Order 12988

Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (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,
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
document 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
examined this final rule according to UMRA and its statement of 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. Accordingly, no further assessment or
analysis is required under UMRA.

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 final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

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

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

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

K. Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates 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 if the regulation is implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
This regulatory action establishes coverage over MREFs and
determines that they meet the criteria for a covered product for which
the Secretary may prescribe an energy conservation standard pursuant to
42 U.S.C. 6295(o) and (p). Additionally, this action sets out certain
definitions related to these products and test procedures to measure
their energy efficiency. None of these actions, in part or as a whole,
comprises a significant regulatory action under Executive Order 12866.
Moreover, this rule will not have a significant adverse effect on the
supply, distribution, or use of energy, nor has it been designated as

[[Page 46789]]

a significant energy action by the Administrator of OIRA. Therefore, it
is not a significant energy action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.

L. Review Under the Information Quality Bulletin for Peer Review

On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (January
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. DOE has determined that the
analyses conducted for the regulatory action discussed in this document
do not constitute ``influential scientific information,'' which the
Bulletin defines as ``scientific information the agency reasonably can
determine will have or does have a clear and substantial impact on
important public policies or private sector decisions.'' 70 FR 2667
(January 14, 2005). The analyses were subject to pre-dissemination
review prior to issuance of this rulemaking.
DOE will determine the appropriate level of review that would apply
to any future rulemaking to establish energy conservation standards for
MREFs.

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

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition. DOE has complied with these requirements.

N. Congressional Notification

As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).

VIII. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

Confidential business information, Energy conservation, Household
appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 430

Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.

Issued in Washington, DC, on June 10, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and
Renewable Energy.

For the reasons stated in the preamble, DOE is amending parts 429
and 430 of chapter II of title 10, Code of Federal Regulations as set
forth below:

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

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

Authority: 42 U.S.C. 6291-6317.

0
2. Section 429.12 is amended by revising the fifth entry of the table
in paragraph (d) to read as follows:

Sec. 429.12 General requirements applicable to certification reports.

* * * * *
(d) * * *

------------------------------------------------------------------------
Deadline for data
Product category submission
------------------------------------------------------------------------

* * * * * * *
Residential refrigerators, Residential Aug. 1.
refrigerators-freezers, Residential
freezers, Commercial refrigerator,
freezer, and refrigerator-freezer,
Automatic commercial automatic ice makers,
Refrigerated bottled or canned beverage
vending machine, Walk-in coolers, Walk-in
freezers, and Miscellaneous refrigeration
products.

* * * * * * *
------------------------------------------------------------------------

* * * * *

0
3. Section 429.14 is amended by:
0
a. Revising the section heading and paragraph (a)(3); and
0
b. Adding paragraphs (c) and (d), with paragraphs (c)(2) and (3) stayed
indefinitely.
The revisions and additions read as follows:

Sec. 429.14 Consumer refrigerators, refrigerator-freezers and
freezers.

(a) * * *
(3) The value of total refrigerated volume of a basic model
reported in accordance with paragraph (b)(2) of this section shall be
the mean of the total refrigerated volumes measured for each tested
unit of the basic model or the total refrigerated volume of the basic
model as calculated in accordance with Sec. 429.72(c). The value of
adjusted total volume of a basic model reported in accordance with
paragraph (b)(2) of this section shall be the mean of the adjusted
total volumes measured for each tested unit of the basic model or the
adjusted total volume of the basic model as calculated in accordance
with Sec. 429.72(c).
* * * * *
(c) Rounding requirements for representative values, including
certified and rated values. (1) The represented value of annual energy
use must be rounded to the nearest kilowatt hour per year.
(2) The represented value of total refrigerated volume must be
rounded to the nearest 0.1 cubic foot.

[[Page 46790]]

(3) The represented value of adjusted total volume must be rounded
to the nearest 0.1 cubic foot.
(d) Product category determination. Each basic model shall be
certified according to the appropriate product category as defined in
Sec. 430.2 based on compartment volumes and compartment temperatures.
(1) Compartment volumes used to determine product category shall be
the mean of the measured compartment volumes for each tested unit of
the basic model according to the provisions in section 5.3 of appendix
A of subpart B of part 430 of this chapter for refrigerators and
refrigerator-freezers and section 5.3 of appendix B of subpart B of
part 430 of this chapter for freezers, or the compartment volumes of
the basic model as calculated in accordance with Sec. 429.72(d); and
(2) Compartment temperatures used to determine product category
shall be the mean of the measured compartment temperatures at the
coldest setting for each tested unit of the basic model according to
the provisions section 5.1 of appendix A of subpart B of part 430 of
this chapter for refrigerators and refrigerator-freezers and section
5.1 of appendix B of subpart B of part 430 of this chapter for
freezers.

0
4. Section 429.61 is added to read as follows:

Sec. 429.61 Consumer miscellaneous refrigeration products.

(a) Sampling plan for selection of units for testing. (1) The
requirements of Sec. 429.11 are applicable to miscellaneous
refrigeration products; and
(2) For each basic model of miscellaneous refrigeration product, a
sample of sufficient size shall be randomly selected and tested to
ensure that--
(i) Any represented value of estimated annual operating cost,
energy consumption, or other measure of energy consumption of a basic
model for which consumers would favor lower values shall be greater
than or equal to the higher of:
(A) The mean of the sample, where:
[GRAPHIC] [TIFF OMITTED] TR18JY16.000

And, x is the sample mean; n is the number of samples; and
xi is the ith sample; or
(B) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.10, where:
[GRAPHIC] [TIFF OMITTED] TR18JY16.001

and
(ii) Any represented value of the energy factor or other measure of
energy consumption of a basic model for which consumers would favor
higher values shall be less than or equal to the lower of:
(A) The mean of the sample, where:
[GRAPHIC] [TIFF OMITTED] TR18JY16.002

And, x is the sample mean; n is the number of samples; and
xi is the ith sample; or
(B) The lower 95 percent confidence limit (LCL) of the true mean
divided by 0.90, where:
[GRAPHIC] [TIFF OMITTED] TR18JY16.003

And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.95 is the t statistic for a
95% one-tailed confidence interval with n-1 degrees of freedom (from
appendix A of this subpart).
(3) The value of total refrigerated volume of a basic model
reported in accordance with paragraph (b)(2) of this section shall be
the mean of the total refrigerated volumes measured for each tested
unit of the basic model or the total refrigerated volume of the basic
model as calculated in accordance with Sec. 429.72(d). The value of
adjusted total volume of a basic model reported in accordance with
paragraph (b)(2) of this section shall be the mean of the adjusted
total volumes measured for each tested unit of the basic model or the
adjusted total volume of the basic model as calculated in accordance
with Sec. 429.72(d).
(b) Certification reports. (1) The requirements of Sec. 429.12 are
applicable to miscellaneous refrigeration products; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public product-specific information: The annual
energy use in kilowatt hours per year (kWh/yr); the total refrigerated
volume in cubic feet (cu ft) and the total adjusted volume in cubic
feet (cu ft).
(3) Pursuant to Sec. 429.12(b)(13), a certification report coolers
or combination cooler refrigeration products shall include the
following additional product-specific information: Whether the basic
model has variable defrost control (in which case, manufacturers must
also report the values, if any, of CTL and CTM
(for an example, see section 5.2.1.3 in appendix A to subpart B of part
430 of this chapter) used in the calculation of energy consumption),
whether the basic model has variable anti-sweat heater control (in
which case, manufacturers must also report the values of heater Watts
at the ten humidity levels 5%, 15%, through 95% used to calculate the
variable anti-sweat heater ``Correction Factor''), and whether testing
has been conducted with modifications to the standard temperature
sensor locations specified by the figures referenced in section 5.1 of
appendix A to subpart B of part 430 of this chapter.
(c) Rounding requirements for representative values, including
certified and rated values. (1) The represented value of annual energy
use must be rounded to the nearest kilowatt hour per year.
(2) The represented value of total refrigerated volume must be
rounded to the nearest 0.1 cubic foot.
(3) The represented value of adjusted total volume must be rounded
to the nearest 0.1 cubic foot.
(d) Product category determination. Each basic model of
miscellaneous refrigeration product must be certified according to the
appropriate product category as defined in Sec. 430.2 based on
compartment volumes and compartment temperatures.
(1) Compartment volumes used to determine product category shall be
the mean of the measured compartment volumes for each tested unit of
the basic model according to the provisions in section 5.3 of appendix
A to subpart B of part 430 of this chapter, or the compartment volumes
of the basic model as calculated in accordance with Sec. 429.72(d);
and
(2) Compartment temperatures used to determine product category
shall be the mean of the measured compartment temperatures at the
coldest setting for each tested unit of the basic model according to
the provisions section 5.1 of appendix A to subpart B of part 430 of
this chapter. For cooler compartments with temperatures below 39 [deg]F
(3.9 [deg]C) but no lower than 37 [deg]F (2.8 [deg]C), the compartment
temperatures used to determine product category shall also include the
mean of the measured compartment temperatures at the warmest setting
for each tested unit of the basic model according to the provisions
section 5.1 of appendix A to subpart B of part 430 of this chapter.

0
5. Section 429.72 is amended by adding paragraph (d) to read as
follows:

[[Page 46791]]

Sec. 429.72 Alternative methods for determining non-energy ratings.

* * * * *
(d) Miscellaneous refrigeration products. The total refrigerated
volume of a miscellaneous refrigeration product basic model may be
determined by performing a calculation of the volume based upon
computer-aided design (CAD) models of the basic model in lieu of
physical measurements of a production unit of the basic model. Any
value of total adjusted volume and value of total refrigerated volume
of a basic model reported to DOE in a certification of compliance in
accordance with Sec. 429.61(b)(2) must be calculated using the CAD-
derived volume(s) and the applicable provisions in the test procedures
in part 430 of this chapter for measuring volume. The calculated value
must be within two percent, or 0.5 cubic feet (0.2 cubic feet for
products with total refrigerated volume less than 7.75 cubic feet (220
liters)), whichever is greater, of the volume of a production unit of
the basic model measured in accordance with the applicable test
procedure in part 430 of this chapter.

0
6. Section 429.134 is amended by revising paragraph (b)(1)(ii)(B) and
adding paragraph (l) to read as follows:

Sec. 429.134 Product-specific enforcement provisions.

* * * * *
(b) * * *
(1) * * *
(ii) * * *
(B) If the certified total refrigerated volume is found to be
invalid, the average measured adjusted total volume, rounded to the
nearest 0.1 cubic foot, will serve as the basis for calculation of
maximum allowed energy use for the tested basic model.
* * * * *
(l) Miscellaneous refrigeration products--(1) Verification of total
refrigerated volume. For all miscellaneous refrigeration products, the
total refrigerated volume of the basic model will be measured pursuant
to the test requirements of part 430 of this chapter for each unit
tested. The results of the measurement(s) will be averaged and compared
to the value of total refrigerated volume certified by the
manufacturer. The certified total refrigerated volume will be
considered valid only if:
(i) The measurement is within two percent, or 0.5 cubic feet (0.2
cubic feet for products with total refrigerated volume less than 7.75
cubic feet (220 liters)), whichever is greater, of the certified total
refrigerated volume; or
(ii) The measurement is greater than the certified total
refrigerated volume.
(A) If the certified total refrigerated volume is found to be
valid, the certified adjusted total volume will be used as the basis
for calculating the maximum allowed energy use for the tested basic
model.
(B) If the certified total refrigerated volume is found to be
invalid, the average measured adjusted total volume, rounded to the
nearest 0.1 cubic foot, will serve as the basis for calculating the
maximum allowed energy use for the tested basic model.
(2) Test for models with two compartments, each having its own
user-operable temperature control. The test described in section 3.3 of
the applicable test procedure in appendix A to subpart B part 430 of
this chapter shall be used for all units of a tested basic model before
DOE makes a determination of noncompliance with respect to the basic
model.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
7. The authority citation for part 430 continues to read as follows:

Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
8. Section 430.2 is amended by:
0
a. Adding, in alphabetical order, definitions for ``all-refrigerator,''
``built-in compact cooler,'' ``built-in cooler,'' ``combination cooler
refrigeration product,'' ``consumer refrigeration product,''
``cooler,'' ``cooler-all-refrigerator,'' ``cooler-freezer,'' ``cooler-
refrigerator,'' ``cooler-refrigerator-freezer,'' ``freestanding compact
cooler,'' ``freestanding cooler,'' and ``miscellaneous refrigeration
product'';
0
b. Revising the definitions for ``covered product,'' ``freezer,''
``refrigerator,'' and ``refrigerator-freezer''; and
0
c. Removing the definitions for ``electric refrigerator'' and
``electric refrigerator-freezer.''
The additions and revisions read as follows:

Sec. 430.2 Definitions.

* * * * *
All-refrigerator means a refrigerator that does not include a
compartment capable of maintaining compartment temperatures below 32
[deg]F (0 [deg]C) as determined according to the provisions in Sec.
429.14(d)(2) of this chapter. It may include a compartment of 0.50
cubic-foot capacity (14.2 liters) or less for the freezing and storage
of ice.
* * * * *
Built-in compact cooler means any cooler with a total refrigerated
volume less than 7.75 cubic feet and no more than 24 inches in depth,
excluding doors, handles, and custom front panels, that is designed,
intended, and marketed exclusively to be:
(1) Installed totally encased by cabinetry or panels that are
attached during installation;
(2) Securely fastened to adjacent cabinetry, walls or floor;
(3) Equipped with unfinished sides that are not visible after
installation; and
(4) Equipped with an integral factory-finished face or built to
accept a custom front panel.
Built-in cooler means any cooler with a total refrigerated volume
of 7.75 cubic feet or greater and no more than 24 inches in depth,
excluding doors, handles, and custom front panels; that is designed,
intended, and marketed exclusively to be:
(1) Installed totally encased by cabinetry or panels that are
attached during installation;
(2) Securely fastened to adjacent cabinetry, walls or floor;
(3) Equipped with unfinished sides that are not visible after
installation; and
(4) Equipped with an integral factory-finished face or built to
accept a custom front panel.
* * * * *
Combination cooler refrigeration product means any cooler-
refrigerator, cooler-refrigerator-freezer, or cooler-freezer.
* * * * *
Consumer refrigeration product means a refrigerator, refrigerator-
freezer, freezer, or miscellaneous refrigeration product.
* * * * *
Cooler means a cabinet, used with one or more doors, that has a
source of refrigeration capable of operating on single-phase,
alternating current and is capable of maintaining compartment
temperatures either:
(1) No lower than 39 [deg]F (3.9 [deg]C); or
(2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C)
but at least as high as 60 [deg]F (15.6 [deg]C) as determined according
to the applicable provisions in Sec. 429.61(d)(2) of this chapter.
Cooler-all-refrigerator means a cooler-refrigerator that does not
include a compartment capable of maintaining compartment temperatures
below 32 [deg]F (0 [deg]C) as determined according to the provisions in
Sec. 429.61(d)(2) of this chapter. It may include a compartment of
0.50 cubic-foot capacity (14.2 liters) or less for the freezing and
storage of ice.
Cooler-freezer means a cabinet, used with one or more doors, that
has a source of refrigeration that requires

[[Page 46792]]

single-phase, alternating current electric energy input only, and
consists of two or more compartments, including at least one cooler
compartment as defined in appendix A of subpart B of this part, where
the remaining compartment(s) are capable of maintaining compartment
temperatures at 0 [deg]F (-17.8 [deg]C) or below as determined
according to the provisions in Sec. 429.61(d)(2) of this chapter.
Cooler-refrigerator means a cabinet, used with one or more doors,
that has a source of refrigeration that requires single-phase,
alternating current electric energy input only, and consists of two or
more compartments, including at least one cooler compartment as defined
in appendix A of subpart B of this part, where:
(1) At least one of the remaining compartments is not a cooler
compartment as defined in appendix A of subpart B of this part and is
capable of maintaining compartment temperatures above 32 [deg]F (0
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to
Sec. 429.61(d)(2) of this chapter;
(2) The cabinet may also include a compartment capable of
maintaining compartment temperatures below 32 [deg]F (0 [deg]C) as
determined according to Sec. 429.61(d)(2) of this chapter; but
(3) The cabinet does not provide a separate low temperature
compartment capable of maintaining compartment temperatures below 8
[deg]F (-13.3 [deg]C) as determined according to Sec. 429.61(d)(2) of
this chapter.
Cooler-refrigerator-freezer means a cabinet, used with one or more
doors, that has a source of refrigeration that requires single-phase,
alternating current electric energy input only, and consists of three
or more compartments, including at least one cooler compartment as
defined in appendix A of subpart B of this part, where:
(1) At least one of the remaining compartments is not a cooler
compartment as defined in appendix A of subpart B of this part and is
capable of maintaining compartment temperatures above 32 [deg]F (0
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to
Sec. 429.61(d)(2) of this chapter; and
(2) At least one other compartment is capable of maintaining
compartment temperatures below 8 [deg]F (-13.3 [deg]C) and may be
adjusted by the user to a temperature of 0 [deg]F (-17.8 [deg]C) or
below as determined according to Sec. 429.61(d)(2) of this chapter.
* * * * *
Covered product means a consumer product--
(1) Of a type specified in section 322 of the Act; or
(2) That is a ceiling fan, ceiling fan light kit, medium base
compact fluorescent lamp, dehumidifier, battery charger, external power
supply, torchiere, portable air conditioner, or miscellaneous
refrigeration product.
* * * * *
Freestanding compact cooler means any cooler, excluding built-in
compact coolers, with a total refrigerated volume less than 7.75 cubic
feet.
Freestanding cooler means any cooler, excluding built-in coolers,
with a total refrigerated volume of 7.75 cubic feet or greater.
Freezer means a cabinet, used with one or more doors, that has a
source of refrigeration that requires single-phase, alternating current
electric energy input only and is capable of maintaining compartment
temperatures of 0 [deg]F (-17.8 [deg]C) or below as determined
according to the provisions in Sec. 429.14(d)(2) of this chapter. It
does not include any refrigerated cabinet that consists solely of an
automatic ice maker and an ice storage bin arranged so that operation
of the automatic icemaker fills the bin to its capacity. However, the
term does not include:
(1) Any product that does not include a compressor and condenser
unit as an integral part of the cabinet assembly; or
(2) Any miscellaneous refrigeration product that must comply with
an applicable miscellaneous refrigeration product energy conservation
standard.
* * * * *
Miscellaneous refrigeration product means a consumer refrigeration
product other than a refrigerator, refrigerator-freezer, or freezer,
which includes coolers and combination cooler refrigeration products.
* * * * *
Refrigerator means a cabinet, used with one or more doors, that has
a source of refrigeration that requires single-phase, alternating
current electric energy input only and is capable of maintaining
compartment temperatures above 32 [deg]F (0 [deg]C) and below 39 [deg]F
(3.9 [deg]C) as determined according to Sec. 429.14(d)(2) of this
chapter. A refrigerator may include a compartment capable of
maintaining compartment temperatures below 32 [deg]F (0 [deg]C), but
does not provide a separate low temperature compartment capable of
maintaining compartment temperatures below 8 [deg]F (-13.3 [deg]C) as
determined according to Sec. 429.14(d)(2). However, the term does not
include:
(1) Any product that does not include a compressor and condenser
unit as an integral part of the cabinet assembly;
(2) A cooler; or
(3) Any miscellaneous refrigeration product that must comply with
an applicable miscellaneous refrigeration product energy conservation
standard.
Refrigerator-freezer means a cabinet, used with one or more doors,
that has a source of refrigeration that requires single-phase,
alternating current electric energy input only and consists of two or
more compartments where at least one of the compartments is capable of
maintaining compartment temperatures above 32 [deg]F (0 [deg]C) and
below 39 [deg]F (3.9 [deg]C) as determined according to Sec.
429.14(d)(2) of this chapter, and at least one other compartment is
capable of maintaining compartment temperatures of 8 [deg]F (-13.3
[deg]C) and may be adjusted by the user to a temperature of 0 [deg]F (-
17.8 [deg]C) or below as determined according to Sec. 429.14(d)(2).
However, the term does not include:
(1) Any product that does not include a compressor and condenser
unit as an integral part of the cabinet assembly; or
(2) Any miscellaneous refrigeration product that must comply with
an applicable miscellaneous refrigeration product energy conservation
standard.
* * * * *

Sec. 430.3 [Amended]

0
9. Section 430.3 is amended by:
0
a. Removing paragraph (i)(5); and
0
b. Redesignating paragraphs (i)(6) through (8) as paragraphs (i)(5)
through (7).

0
10. Section 430.23 is amended by:
0
a. Revising paragraphs (a) and (b); and
0
b. Adding paragraph (dd).
The revisions and additions read as follows:

Sec. 430.23 Test procedures for the measurement of energy and water
consumption.

* * * * *
(a) Refrigerators and refrigerator-freezers. (1) The estimated
annual operating cost for models without an anti-sweat heater switch
shall be the product of the following three factors, with the resulting
product then being rounded to the nearest dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) The average per-cycle energy consumption for the standard
cycle in kilowatt-hours per cycle, determined according to section 6.2
of appendix A of this subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(2) The estimated annual operating cost for models with an anti-
sweat

[[Page 46793]]

heater switch shall be the product of the following three factors, with
the resulting product then being rounded to the nearest dollar per
year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) Half the sum of the average per-cycle energy consumption for
the standard cycle and the average per-cycle energy consumption for a
test cycle type with the anti-sweat heater switch in the position set
at the factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix A of this subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(3) The estimated annual operating cost for any other specified
cycle type shall be the product of the following three factors, the
resulting product then being rounded to the nearest dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) The average per-cycle energy consumption for the specified
cycle type, determined according to section 6.2 of appendix A of this
subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(4) The energy factor, expressed in cubic feet per kilowatt-hour
per cycle, shall be:
(i) For models without an anti-sweat heater switch, the quotient
of:
(A) The adjusted total volume in cubic feet, determined according
to section 6.1 of appendix A of this subpart, divided by--
(B) The average per-cycle energy consumption for the standard cycle
in kilowatt-hours per cycle, determined according to section 6.2 of
appendix A of this subpart, the resulting quotient then being rounded
to the second decimal place; and
(ii) For models having an anti-sweat heater switch, the quotient
of:
(A) The adjusted total volume in cubic feet, determined according
to 6.1 of appendix A of this subpart, divided by--
(B) Half the sum of the average per-cycle energy consumption for
the standard cycle and the average per-cycle energy consumption for a
test cycle type with the anti-sweat heater switch in the position set
at the factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix A of this subpart, the
resulting quotient then being rounded to the second decimal place.
(5) The annual energy use, expressed in kilowatt-hours per year,
shall be the following, rounded to the nearest kilowatt-hour per year:
(i) For models without an anti-sweat heater switch, the
representative average use cycle of 365 cycles per year multiplied by
the average per-cycle energy consumption for the standard cycle in
kilowatt-hours per cycle, determined according to section 6.2 of
appendix A of this subpart; and
(ii) For models having an anti-sweat heater switch, the
representative average use cycle of 365 cycles per year multiplied by
half the sum of the average per-cycle energy consumption for the
standard cycle and the average per-cycle energy consumption for a test
cycle type with the anti-sweat heater switch in the position set at the
factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix A of this subpart.
(6) Other useful measures of energy consumption shall be those
measures of energy consumption that the Secretary determines are likely
to assist consumers in making purchasing decisions which are derived
from the application of appendix A of this subpart.
(7) The following principles of interpretation shall be applied to
the test procedure. The intent of the energy test procedure is to
simulate typical room conditions (72 [deg]F (22.2 [deg]C)) with door
openings, by testing at 90 [deg]F (32.2 [deg]C) without door openings.
Except for operating characteristics that are affected by ambient
temperature (for example, compressor percent run time), the unit, when
tested under this test procedure, shall operate in a manner equivalent
to the unit's operation while in typical room conditions.
(i) The energy used by the unit shall be calculated when a
calculation is provided by the test procedure. Energy consuming
components that operate in typical room conditions (including as a
result of door openings, or a function of humidity), and that are not
excluded by this test procedure, shall operate in an equivalent manner
during energy testing under this test procedure, or be accounted for by
all calculations as provided for in the test procedure. Examples:
(A) Energy saving features that are designed to operate when there
are no door openings for long periods of time shall not be functional
during the energy test.
(B) The defrost heater shall neither function nor turn off
differently during the energy test than it would when in typical room
conditions. Also, the product shall not recover differently during the
defrost recovery period than it would in typical room conditions.
(C) Electric heaters that would normally operate at typical room
conditions with door openings shall also operate during the energy
test.
(D) Energy used during adaptive defrost shall continue to be
measured and adjusted per the calculation provided in this test
procedure.
(ii) DOE recognizes that there may be situations that the test
procedures do not completely address. In such cases, a manufacturer
must obtain a waiver in accordance with the relevant provisions of 10
CFR part 430 if:
(A) A product contains energy consuming components that operate
differently during the prescribed testing than they would during
representative average consumer use; and
(B) Applying the prescribed test to that product would evaluate it
in a manner that is unrepresentative of its true energy consumption
(thereby providing materially inaccurate comparative data).
(b) Freezers. (1) The estimated annual operating cost for freezers
without an anti-sweat heater switch shall be the product of the
following three factors, with the resulting product then being rounded
to the nearest dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) The average per-cycle energy consumption for the standard
cycle in kilowatt-hours per cycle, determined according to section 6.2
of appendix B of this subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(2) The estimated annual operating cost for freezers with an anti-
sweat heater switch shall be the product of the following three
factors, with the resulting product then being rounded to the nearest
dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) Half the sum of the average per-cycle energy consumption for
the standard cycle and the average per-cycle energy consumption for a
test cycle type with the anti-sweat heater switch in the position set
at the factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix B of this subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(3) The estimated annual operating cost for any other specified
cycle type for freezers shall be the product of the

[[Page 46794]]

following three factors, with the resulting product then being rounded
to the nearest dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) The average per-cycle energy consumption for the specified
cycle type, determined according to section 6.2 of appendix B of this
subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(4) The energy factor for freezers, expressed in cubic feet per
kilowatt-hour per cycle, shall be:
(i) For freezers not having an anti-sweat heater switch, the
quotient of:
(A) The adjusted net refrigerated volume in cubic feet, determined
according to section 6.1 of appendix B of this subpart, divided by--
(B) The average per-cycle energy consumption for the standard cycle
in kilowatt-hours per cycle, determined according to 6.2 of appendix B
of this subpart, with the resulting quotient then being rounded to the
second decimal place; and
(ii) For freezers having an anti-sweat heater switch, the quotient
of:
(A) The adjusted net refrigerated volume in cubic feet, determined
according to section 6.1 of appendix B of this subpart, divided by--
(B) Half the sum of the average per-cycle energy consumption for
the standard cycle and the average per-cycle energy consumption for a
test cycle type with the anti-sweat heater switch in the position set
at the factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix B of this subpart, with
the resulting quotient then being rounded to the second decimal place.
(5) The annual energy use of all freezers, expressed in kilowatt-
hours per year, shall be the following, rounded to the nearest
kilowatt-hour per year:
(i) For freezers not having an anti-sweat heater switch, the
representative average use cycle of 365 cycles per year multiplied by
the average per-cycle energy consumption for the standard cycle in
kilowatt-hours per cycle, determined according to section 6.2 of
appendix B of this subpart; and
(ii) For freezers having an anti-sweat heater switch, the
representative average use cycle of 365 cycles per year multiplied by
half the sum of the average per-cycle energy consumption for the
standard cycle and the average per-cycle energy consumption for a test
cycle type with the anti-sweat heater switch in the position set at the
factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix B of this subpart.
(6) Other useful measures of energy consumption for freezers shall
be those measures the Secretary determines are likely to assist
consumers in making purchasing decisions and are derived from the
application of appendix B of this subpart.
(7) The following principles of interpretation shall be applied to
the test procedure. The intent of the energy test procedure is to
simulate typical room conditions (72[emsp14][deg]F (22.2 [deg]C)) with
door openings by testing at 90[emsp14][deg]F (32.2 [deg]C) without door
openings. Except for operating characteristics that are affected by
ambient temperature (for example, compressor percent run time), the
unit, when tested under this test procedure, shall operate in a manner
equivalent to the unit's operation while in typical room conditions.
(i) The energy used by the unit shall be calculated when a
calculation is provided by the test procedure. Energy consuming
components that operate in typical room conditions (including as a
result of door openings, or a function of humidity), and that are not
excluded by this test procedure, shall operate in an equivalent manner
during energy testing under this test procedure, or be accounted for by
all calculations as provided for in the test procedure. Examples:
(A) Energy saving features that are designed to operate when there
are no door openings for long periods of time shall not be functional
during the energy test.
(B) The defrost heater shall neither function nor turn off
differently during the energy test than it would when in typical room
conditions. Also, the product shall not recover differently during the
defrost recovery period than it would in typical room conditions.
(C) Electric heaters that would normally operate at typical room
conditions with door openings shall also operate during the energy
test.
(D) Energy used during adaptive defrost shall continue to be
measured and adjusted per the calculation provided for in this test
procedure.
(ii) DOE recognizes that there may be situations that the test
procedures do not completely address. In such cases, a manufacturer
must obtain a waiver in accordance with the relevant provisions of this
part if:
(A) A product contains energy consuming components that operate
differently during the prescribed testing than they would during
representative average consumer use; and
(B) Applying the prescribed test to that product would evaluate it
in a manner that is unrepresentative of its true energy consumption
(thereby providing materially inaccurate comparative data).
* * * * *
(dd) Coolers and combination cooler refrigeration products. (1) The
estimated annual operating cost for models without an anti-sweat heater
switch shall be the product of the following three factors, with the
resulting product then being rounded to the nearest dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) The average per-cycle energy consumption for the standard
cycle in kilowatt-hours per cycle, determined according to section 6.2
of appendix A of this subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(2) The estimated annual operating cost for models with an anti-
sweat heater switch shall be the product of the following three
factors, with the resulting product then being rounded to the nearest
dollar per year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) Half the sum of the average per-cycle energy consumption for
the standard cycle and the average per-cycle energy consumption for a
test cycle type with the anti-sweat heater switch in the position set
at the factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix A of this subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(3) The estimated annual operating cost for any other specified
cycle type shall be the product of the following three factors, with
the resulting product then being rounded to the nearest dollar per
year:
(i) The representative average-use cycle of 365 cycles per year;
(ii) The average per-cycle energy consumption for the specified
cycle type, determined according to section 6.2 of appendix A to this
subpart; and
(iii) The representative average unit cost of electricity in
dollars per kilowatt-hour as provided by the Secretary.
(4) The energy factor, expressed in cubic feet per kilowatt-hour
per cycle, shall be:
(i) For models without an anti-sweat heater switch, the quotient
of:
(A) The adjusted total volume in cubic feet, determined according
to

[[Page 46795]]

section 6.1 of appendix A of this subpart, divided by--
(B) The average per-cycle energy consumption for the standard cycle
in kilowatt-hours per cycle, determined according to section 6.2 of
appendix A of this subpart, with the resulting quotient then being
rounded to the second decimal place; and
(ii) For models having an anti-sweat heater switch, the quotient
of:
(A) The adjusted total volume in cubic feet, determined according
to section 6.1 of appendix A of this subpart, divided by--
(B) Half the sum of the average per-cycle energy consumption for
the standard cycle and the average per-cycle energy consumption for a
test cycle type with the anti-sweat heater switch in the position set
at the factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix A of this subpart, with
the resulting quotient then being rounded to the second decimal place.
(5) The annual energy use, expressed in kilowatt-hours per year,
shall be the following, rounded to the nearest kilowatt-hour per year:
(i) For models without an anti-sweat heater switch, the
representative average use cycle of 365 cycles per year multiplied by
the average per-cycle energy consumption for the standard cycle in
kilowatt-hours per cycle, determined according to section 6.2 of
appendix A of this subpart; and
(ii) For models having an anti-sweat heater switch, the
representative average use cycle of 365 cycles per year multiplied by
half the sum of the average per-cycle energy consumption for the
standard cycle and the average per-cycle energy consumption for a test
cycle type with the anti-sweat heater switch in the position set at the
factory just before shipping, each in kilowatt-hours per cycle,
determined according to section 6.2 of appendix A of this subpart.
(6) Other useful measures of energy consumption shall be those
measures of energy consumption that the Secretary determines are likely
to assist consumers in making purchasing decisions which are derived
from the application of appendix A of this subpart.
(7) The following principles of interpretation shall be applied to
the test procedure. The intent of the energy test procedure is to
simulate operation in typical room conditions (72 [deg]F (22.2 [deg]C))
with door openings by testing at 90 [deg]F (32.2 [deg]C) ambient
temperature without door openings. Except for operating characteristics
that are affected by ambient temperature (for example, compressor
percent run time), the unit, when tested under this test procedure,
shall operate in a manner equivalent to the unit's operation while in
typical room conditions.
(i) The energy used by the unit shall be calculated when a
calculation is provided by the test procedure. Energy consuming
components that operate in typical room conditions (including as a
result of door openings, or a function of humidity), and that are not
excluded by this test procedure, shall operate in an equivalent manner
during energy testing under this test procedure, or be accounted for by
all calculations as provided for in the test procedure. Examples:
(A) Energy saving features that are designed to operate when there
are no door openings for long periods of time shall not be functional
during the energy test.
(B) The defrost heater shall neither function nor turn off
differently during the energy test than it would when in typical room
conditions. Also, the product shall not recover differently during the
defrost recovery period than it would in typical room conditions.
(C) Electric heaters that would normally operate at typical room
conditions with door openings shall also operate during the energy
test.
(D) Energy used during adaptive defrost shall continue to be
measured and adjusted per the calculation provided for in this test
procedure.
(ii) DOE recognizes that there may be situations that the test
procedures do not completely address. In such cases, a manufacturer
must obtain a waiver in accordance with the relevant provisions of this
part if:
(A) A product contains energy consuming components that operate
differently during the prescribed testing than they would during
representative average consumer use; and
(B) Applying the prescribed test to that product would evaluate it
in a manner that is unrepresentative of its true energy consumption
(thereby providing materially inaccurate comparative data).
(8) For non-compressor models, ``compressor'' and ``compressor
cycles'' as used in appendix A of this subpart shall be interpreted to
mean ``refrigeration system'' and ``refrigeration system cycles,''
respectively.

0
11. Appendix A to subpart B is amended by revising the heading,
introductory text and sections 1, 2, 3, 4.2.1.1, 4.2.1.2, 5, 6, and 7
to read as follows:

Appendix A to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Refrigerators, Refrigerator-Freezers, and
Miscellaneous Refrigeration Products

Note: For refrigerators and refrigerator-freezers, the rounding
requirements specified in sections 5.3.e and 6.1 of this appendix
are not required for use until the compliance date of any amended
energy conservation standards for these products. For combination
cooler refrigeration products, manufacturers must use the test
procedures in this appendix for all representations of energy use
starting on the compliance date of any energy conservation standards
for these products. For all other miscellaneous refrigeration
products (e.g. coolers), manufacturers must use the test procedures
in this appendix for all representations of energy use on or after
January 17, 2017.

1. Definitions

Section 3, Definitions, of HRF-1-2008 (incorporated by
reference; see Sec. 430.3) applies to this test procedure, except
that the term ``wine chiller'' means ``cooler'' as defined in Sec.
430.2 and the term ``wine chiller compartment'' means ``cooler
compartment'' as defined in this appendix.
Anti-sweat heater means a device incorporated into the design of
a product to prevent the accumulation of moisture on the exterior or
interior surfaces of the cabinet.
Anti-sweat heater switch means a user-controllable switch or
user interface which modifies the activation or control of anti-
sweat heaters.
AS/NZS 4474.1:2007 means Australian/New Zealand Standard
4474.1:2007, Performance of household electrical appliances--
Refrigerating appliances, Part 1: Energy consumption and
performance. Only sections of AS/NZS 4474.1:2007 (incorporated by
reference; see Sec. 430.3) specifically referenced in this test
procedure are part of this test procedure. In cases where there is a
conflict, the language of the test procedure in this appendix takes
precedence over AS/NZS 4474.1:2007.
Automatic defrost means a system in which the defrost cycle is
automatically initiated and terminated, with resumption of normal
refrigeration at the conclusion of the defrost operation. The system
automatically prevents the permanent formation of frost on all
refrigerated surfaces.
Automatic icemaker means a device that can be supplied with
water without user intervention, either from a pressurized water
supply system or by transfer from a water reservoir located inside
the cabinet, that automatically produces, harvests, and stores ice
in a storage bin, with means to automatically interrupt the
harvesting operation when the ice storage bin is filled to a pre-
determined level.
Cooler compartment means a refrigerated compartment designed
exclusively for wine or other beverages within a consumer
refrigeration product that is capable of maintaining compartment
temperatures either (a) no lower than 39 [deg]F (3.9 [deg]C), or (b)
in a range that extends no lower than 37 [deg]F (2.8 [deg]C) but at
least as high as 60 [deg]F (15.6 [deg]C)

[[Page 46796]]

as determined according to Sec. 429.14(d)(2) or Sec. 429.61(d)(2)
of this chapter.
Complete temperature cycle means a time period defined based
upon the cycling of compartment temperature that starts when the
compartment temperature is at a maximum and ends when the
compartment temperature returns to an equivalent maximum (within
0.5[emsp14][deg]F of the starting temperature), having in the
interim fallen to a minimum and subsequently risen again to reach
the second maximum. Alternatively, a complete temperature cycle can
be defined to start when the compartment temperature is at a minimum
and ends when the compartment temperature returns to an equivalent
minimum (within 0.5[emsp14][deg]F of the starting temperature),
having in the interim risen to a maximum and subsequently fallen
again to reach the second minimum.
Cycle means a 24-hour period for which the energy use of a
product is calculated based on the consumer-activated compartment
temperature controls being set to maintain the standardized
temperatures (see section 3.2 of this appendix).
Cycle type means the set of test conditions having the
calculated effect of operating a product for a period of 24 hours,
with the consumer-activated controls, other than those that control
compartment temperatures, set to establish various operating
characteristics.
Defrost cycle type means a distinct sequence of control whose
function is to remove frost and/or ice from a refrigerated surface.
There may be variations in the defrost control sequence, such as the
number of defrost heaters energized. Each such variation establishes
a separate, distinct defrost cycle type. However, defrost achieved
regularly during the compressor off-cycles by warming of the
evaporator without active heat addition, although a form of
automatic defrost, does not constitute a unique defrost cycle type
for the purposes of identifying the test period in accordance with
section 4 of this appendix.
HRF-1-2008 means AHAM Standard HRF-1-2008, Association of Home
Appliance Manufacturers, Energy and Internal Volume of Refrigerating
Appliances (2008), including Errata to Energy and Internal Volume of
Refrigerating Appliances, Correction Sheet issued November 17, 2009.
Only sections of HRF-1-2008 (incorporated by reference; see Sec.
430.3) specifically referenced in this test procedure are part of
this test procedure. In cases where there is a conflict, the
language of the test procedure in this appendix takes precedence
over HRF-1-2008.
Ice storage bin means a container in which ice can be stored.
Long-time automatic defrost means an automatic defrost system
whose successive defrost cycles are separated by 14 hours or more of
compressor operating time.
Multiple-compressor product means a consumer refrigeration
product with more than one compressor.
Multiple refrigeration system product means a multiple-
compressor product or a miscellaneous refrigeration product with
more than one refrigeration system for which the operation of the
systems is not coordinated. For non-compressor multiple
refrigeration system products, ``multiple-compressor product'' as
used in this appendix shall be interpreted to mean ``multiple
refrigeration system product.''
Precooling means operating a refrigeration system before
initiation of a defrost cycle to reduce one or more compartment
temperatures significantly (more than 0.5[emsp14][deg]F) below its
minimum during stable operation between defrosts.
Recovery means operating a refrigeration system after the
conclusion of a defrost cycle to reduce the temperature of one or
more compartments to the temperature range that the compartment(s)
exhibited during stable operation between defrosts.
Separate auxiliary compartment means a separate freezer, fresh
food, or cooler compartment that is not the primary freezer, primary
fresh food, or primary cooler compartment. Separate auxiliary
compartments may also be convertible (e.g., from fresh food to
freezer). Separate auxiliary compartments may not be larger than the
primary compartment of their type, but such size restrictions do not
apply to separate auxiliary convertible compartments.
Special compartment means any compartment other than a butter
conditioner or a cooler compartment, without doors directly
accessible from the exterior, and with separate temperature control
(such as crispers convertible to meat keepers) that is not
convertible from the fresh food temperature range to the freezer
temperature range.
Stable operation means operation after steady-state conditions
have been achieved but excluding any events associated with defrost
cycles. During stable operation the average rate of change of
compartment temperatures must not exceed 0.042[emsp14][deg]F (0.023
[deg]C) per hour for all compartment temperatures. Such a
calculation performed for compartment temperatures at any two times,
or for any two periods of time comprising complete cycles, during
stable operation must meet this requirement.
(a) If compartment temperatures do not cycle, the relevant
calculation shall be the difference between the temperatures at two
points in time divided by the difference, in hours, between those
points in time.
(b) If compartment temperatures cycle as a result of compressor
cycling or other cycling operation of any system component (e.g., a
damper, fan, heater, etc.), the relevant calculation shall be the
difference between compartment temperature averages evaluated for
the whole compressor cycles or complete temperature cycles divided
by the difference, in hours, between either the starts, ends, or
mid-times of the two cycles.
Stabilization period means the total period of time during which
steady-state conditions are being attained or evaluated.
Standard cycle means the cycle type in which the anti-sweat
heater control, when provided, is set in the highest energy-
consuming position.
Through-the-door ice/water dispenser means a device incorporated
within the cabinet, but outside the boundary of the refrigerated
space, that delivers to the user on demand ice and may also deliver
water from within the refrigerated space without opening an exterior
door. This definition includes dispensers that are capable of
dispensing ice and water or ice only.
Variable anti-sweat heater control means an anti-sweat heater
control that varies the average power input of the anti-sweat
heater(s) based on operating condition variable(s) and/or ambient
condition variable(s).
Variable defrost control means an automatic defrost system in
which successive defrost cycles are determined by an operating
condition variable (or variables) other than solely compressor
operating time. This includes any electrical or mechanical device
performing this function. A control scheme that changes the defrost
interval from a fixed length to an extended length (without any
intermediate steps) is not considered a variable defrost control. A
variable defrost control feature predicts the accumulation of frost
on the evaporator and reacts accordingly. Therefore, the times
between defrost must vary with different usage patterns and include
a continuum of periods between defrosts as inputs vary.

2. Test Conditions

2.1 Ambient Temperature Measurement. Temperature measuring
devices shall be shielded so that indicated temperatures are not
affected by the operation of the condensing unit or adjacent units.
2.1.1 Ambient Temperature. Measure and record the ambient
temperature at points located 3 feet (91.5 cm) above the floor and
10 inches (25.4 cm) from the center of the two sides of the unit
under test. The ambient temperature shall be 90.0
1[emsp14][deg]F (32.2 0.6 [deg]C) during the
stabilization period and the test period.
2.1.2 Ambient Temperature Gradient. The test room vertical
ambient temperature gradient in any foot of vertical distance from 2
inches (5.1 cm) above the floor or supporting platform to a height
of 1 foot (30.5 cm) above the top of the unit under test is not to
exceed 0.5[emsp14][deg]F per foot (0.9 [deg]C per meter). The
vertical ambient temperature gradient at locations 10 inches (25.4
cm) out from the centers of the two sides of the unit being tested
is to be maintained during the test. To demonstrate that this
requirement has been met, test data must include measurements taken
using temperature sensors at locations 10 inches (25.4 cm) from the
center of the two sides of the unit under test at heights of 2
inches (5.1 cm) and 36 inches (91.4 cm) above the floor or
supporting platform and at a height of 1 foot (30.5 cm) above the
unit under test.
2.1.3 Platform. A platform must be used if the floor temperature
is not within 3[emsp14][deg]F (1.7 [deg]C) of the measured ambient
temperature. If a platform is used, it is to have a solid top with
all sides open for air circulation underneath, and its top shall
extend at least 1 foot (30.5 cm) beyond each side and the front of
the unit under test and extend to the wall in the rear.
2.2 Operational Conditions. The unit under test shall be
installed and its operating conditions maintained in accordance with
HRF-1-2008 (incorporated by reference; see Sec. 430.3), sections
5.3.2 through 5.5.5.5 (excluding section 5.5.5.4). Exceptions and
clarifications to the cited sections of HRF-1-

[[Page 46797]]

2008 are noted in sections 2.3 through 2.8 and 5.1 of this appendix.
2.3 Anti-Sweat Heaters. The anti-sweat heater switch is to be on
during one test and off during a second test. In the case of a unit
equipped with variable anti-sweat heater control, the standard cycle
energy use shall be the result of the calculation described in
section 6.2.5 of this appendix.
2.4 Conditions for Automatic Defrost Refrigerator-Freezers,
Cooler-Refrigerator-Freezers and Cooler-Freezers. For these
products, the freezer compartments shall not be loaded with any
frozen food packages during testing. Cylindrical metallic masses of
dimensions 1.12 0.25 inches (2.9 0.6 cm)
in diameter and height shall be attached in good thermal contact
with each temperature sensor within the refrigerated compartments.
All temperature measuring sensor masses shall be supported by low-
thermal-conductivity supports in such a manner to ensure that there
will be at least 1 inch (2.5 cm) of air space separating the thermal
mass from contact with any interior surface or hardware inside the
cabinet. In case of interference with hardware at the sensor
locations specified in section 5.1 of this appendix, the sensors
shall be placed at the nearest adjacent location such that there
will be a 1-inch air space separating the sensor mass from the
hardware.
2.5 Conditions for All-Refrigerators and Cooler-All-
Refrigerators. There shall be no load in the freezer compartment
during the test.
2.6 The cabinet and its refrigerating mechanism shall be
assembled and set up in accordance with the printed consumer
instructions supplied with the cabinet. Set-up of the test unit
shall not deviate from these instructions, unless explicitly
required or allowed by this test procedure. Specific required or
allowed deviations from such set-up include the following:
(a) Connection of water lines and installation of water filters
are not required;
(b) Clearance requirements from surfaces of the product shall be
as described in section 2.8 of this appendix;
(c) The electric power supply shall be as described in HRF-1-
2008 (incorporated by reference; see Sec. 430.3), section 5.5.1;
(d) Temperature control settings for testing shall be as
described in section 3 of this appendix. Settings for convertible
compartments and other temperature-controllable or special
compartments shall be as described in section 2.7 of this appendix;
(e) The product does not need to be anchored or otherwise
secured to prevent tipping during energy testing;
(f) All the product's chutes and throats required for the
delivery of ice shall be free of packing, covers, or other blockages
that may be fitted for shipping or when the icemaker is not in use;
and
(g) Ice storage bins shall be emptied of ice.
For cases in which set-up is not clearly defined by this test
procedure, manufacturers must submit a petition for a waiver (see
section 7 of this appendix).
2.7 Compartments that are convertible (e.g., from fresh food to
freezer or cooler) shall be operated in the highest energy use
position. A compartment may be considered to be convertible to a
cooler compartment if it is capable of maintaining compartment
temperatures at least as high as 55[emsp14][deg]F (12.8 [deg]C) and
also capable of operating at storage temperatures less than
37[emsp14][deg]F. For the special case of convertible separate
auxiliary compartments, this means that the compartment shall be
treated as a freezer compartment, a fresh food compartment, or a
cooler compartment, depending on which of these represents the
highest energy use.
Special compartments shall be tested with controls set to
provide the coldest temperature. However, for special compartments
in which temperature control is achieved using the addition of heat
(including resistive electric heating, refrigeration system waste
heat, or heat from any other source, but excluding the transfer of
air from another part of the interior of the product) for any part
of the controllable temperature range of that compartment, the
product energy use shall be determined by averaging two sets of
tests. The first set of tests shall be conducted with such special
compartments at their coldest settings, and the second set of tests
shall be conducted with such special compartments at their warmest
settings. The requirements for the warmest or coldest temperature
settings of this section do not apply to features or functions
associated with temperature controls (such as fast chill
compartments) that are initiated manually and terminated
automatically within 168 hours.
Movable subdividing barriers that separate compartments shall be
placed in the median position. If such a subdividing barrier has an
even number of positions, the near-median position representing the
smallest volume of the warmer compartment(s) shall be used.
2.8 Rear Clearance.
(a) General. The space between the lowest edge of the rear plane
of the cabinet and a vertical surface (the test room wall or
simulated wall) shall be the minimum distance in accordance with the
manufacturer's instructions, unless other provisions of this section
apply. The rear plane shall be considered to be the largest flat
surface at the rear of the cabinet, excluding features that protrude
beyond this surface, such as brackets or compressors.
(b) Maximum clearance. The clearance shall not be greater than 2
inches (51 mm) from the lowest edge of the rear plane to the
vertical surface, unless the provisions of paragraph (c) of this
section apply.
(c) If permanent rear spacers or other components that protrude
beyond the rear plane extend further than the 2-inch (51 mm)
distance, or if the highest edge of the rear plane is in contact
with the vertical surface when the unit is positioned with the
lowest edge of the rear plane at or further than the 2-inch (51 mm)
distance from the vertical surface, the appliance shall be located
with the spacers or other components protruding beyond the rear
plane, or the highest edge of the rear plane, in contact with the
vertical surface.
(d) Rear-mounted condensers. If the product has a flat rear-
wall-mounted condenser (i.e., a rear-wall-mounted condenser with all
refrigerant tube centerlines within 0.25 inches (6.4 mm) of the
condenser plane), and the area of the condenser plane represents at
least 25% of the total area of the rear wall of the cabinet, then
the spacing to the vertical surface may be measured from the lowest
edge of the condenser plane.
2.9 Steady-State Condition. Steady-state conditions exist if the
temperature measurements in all measured compartments taken at 4-
minute intervals or less during a stabilization period are not
changing at a rate greater than 0.042[emsp14][deg]F (0.023 [deg]C)
per hour as determined by the applicable condition of paragraph (a)
or (b) of this section.
(a) The average of the measurements during a 2-hour period if no
cycling occurs or during a number of complete repetitive compressor
cycles occurring through a period of no less than 2 hours is
compared to the average over an equivalent time period with 3 hours
elapsing between the two measurement periods.
(b) If paragraph (a) of this section cannot be used, the average
of the measurements during a number of complete repetitive
compressor cycles occurring through a period of no less than 2 hours
and including the last complete cycle before a defrost period (or if
no cycling occurs, the average of the measurements during the last 2
hours before a defrost period) are compared to the same averaging
period before the following defrost period.
2.10 Products with Demand-Response Capability. Products that
have a communication module for demand-response functions that is
located within the cabinet shall be tested with the communication
module in the configuration set at the factory just before shipping.

3. Test Control Settings

3.1 Model with No User-Operable Temperature Control. A test
shall be performed to measure the compartment temperatures and
energy use. A second test shall be performed with the temperature
control electrically short circuited to cause the compressor to run
continuously (or to cause the non-compressor refrigeration system to
run continuously at maximum capacity).
3.2 Models with User-Operable Temperature Control. Testing shall
be performed in accordance with the procedure in this section using
the following standardized temperatures:
39[emsp14][deg]F (3.9 [deg]C) fresh food compartment
temperature;
0[emsp14][deg]F (-17.8 [deg]C) freezer compartment temperature,
except for freezer compartments in refrigerators and cooler-
refrigerators, in which case testing would use a 15[emsp14][deg]F (-
9.4 [deg]C) freezer compartment temperature; and
55[emsp14][deg]F (12.8 [deg]C) cooler compartment temperature.
For the purposes of comparing compartment temperatures with
standardized temperatures, as described in sections 3.2.1 and 3.2.2
of this appendix, the freezer compartment temperature shall be as
specified in section 5.1.4 of this appendix, the fresh food
compartment temperature shall be as specified in section 5.1.3 of
this appendix, and the cooler compartment temperature shall be as
specified in section 5.1.5 of this appendix.

[[Page 46798]]

3.2.1 Temperature Control Settings and Tests to Use for Energy
Use Calculations.
3.2.1.1 Setting Temperature Controls. For mechanical control
systems, (a) knob detents shall be mechanically defeated if
necessary to attain a median setting, and (b) the warmest and
coldest settings shall correspond to the positions in which the
indicator is aligned with control symbols indicating the warmest and
coldest settings. For electronic control systems, the test shall be
performed with all compartment temperature controls set at the
average of the coldest and warmest settings; if there is no setting
equal to this average, the setting closest to the average shall be
used. If there are two such settings equally close to the average,
the higher of these temperature control settings shall be used.
3.2.1.2 Test Sequence. A first test shall be performed with all
compartment temperature controls set at their median position midway
between their warmest and coldest settings. A second test shall be
performed with all controls set at their warmest setting or all
controls set at their coldest setting (not electrically or
mechanically bypassed). For units with a single standardized
temperature (e.g., all-refrigerator or cooler), this setting shall
be the appropriate setting that attempts to achieve compartment
temperatures measured during the two tests that bound (i.e., one is
above and one is below) the standardized temperature. For other
units, the second test shall be conducted with all controls at their
coldest setting, unless all compartment temperatures measured during
the first test are lower than the standardized temperatures, in
which case the second test shall be conducted with all controls at
their warmest setting. If any compartment is warmer than its
standardized temperature for a test with all controls at their
coldest position, the product receives no energy use rating and the
manufacturer must submit a petition for a waiver (see section 7 of
this appendix).
3.2.1.3 Temperature Setting Table. See Table 1 of this section
for a general description of which settings to use and which test
results to use in the energy consumption calculation for products
with one, two, or three standardized temperatures.

Table 1--Temperature Settings: General Chart for All Products
----------------------------------------------------------------------------------------------------------------
First test Second test Energy calculation
--------------------------------------------------------------------------------------------- based on:
Setting Results Setting Results
----------------------------------------------------------------------------------------------------------------
Mid for all compartments........ All compartments Warm for all All compartments Second Test Only.
low. compartments. low.
One or more First and Second
compartments high. Test.
One or more Cold for all All compartments First and Second
compartments high. compartments. low. Test.
One or more No Energy Use
compartments high. Rating.
----------------------------------------------------------------------------------------------------------------

3.2.2 Alternatively, a first test may be performed with all
temperature controls set at their warmest setting. If all
compartment temperatures are below the appropriate standardized
temperatures, then the result of this test alone will be used to
determine energy consumption. If this condition is not met, then the
unit shall be tested in accordance with section 3.2.1 of this
appendix.
3.2.3 Temperature Settings for Separate Auxiliary Convertible
Compartments. For separate auxiliary convertible compartments tested
as freezer compartments, the median setting shall be within 2 [deg]F
(1.1 [deg]C) of the standardized freezer compartment temperature,
and the warmest setting shall be at least 5 [deg]F (2.8 [deg]C)
warmer than the standardized temperature. For separate auxiliary
convertible compartments tested as fresh food compartments, the
median setting shall be within 2 [deg]F (1.1 [deg]C) of 39 [deg]F
(3.9 [deg]C), the coldest setting shall be below 34 [deg]F (1.1
[deg]C), and the warmest setting shall be above 43 [deg]F (6.1
[deg]C). For separate auxiliary convertible compartments tested as
cooler compartments, the median setting shall be within 2 [deg]F
(1.1 [deg]C) of 55 [deg]F (12.8 [deg]C), and the coldest setting
shall be below 50 [deg]F (10.0 [deg]C). For compartments where
control settings are not expressed as particular temperatures, the
measured temperature of the convertible compartment rather than the
settings shall meet the specified criteria.
3.3 Optional Test for Models with Two Compartments and User-
Operable Controls. As an alternative to section 3.2 of this
appendix, perform three tests such that the set of tests meets the
``minimum requirements for interpolation'' of AS/NZS 4474.1:2007
(incorporated by reference; see Sec. 430.3) appendix M, section M3,
paragraphs (a) through (c) and as illustrated in Figure M1. The
target temperatures txA and txB defined in
section M4(a)(i) of AS/NZ 4474.1:2007 shall be the standardized
temperatures defined in section 3.2 of this appendix.
* * * * *

4. Test Period

* * * * *
4.2.1.1 Cycling Compressor System. For a system with a cycling
compressor, the second part of the test starts at the termination of
the last regular compressor ``on'' cycle. The average compartment
temperatures measured from the termination of the previous
compressor ``on'' cycle to the termination of the last regular
compressor ``on'' cycle must both be within 0.5 [deg]F (0.3 [deg]C)
of their average temperatures measured for the first part of the
test. If any compressor cycles occur prior to the defrost heater
being energized that cause the average temperature in any
compartment to deviate from its average temperature for the first
part of the test by more than 0.5 [deg]F (0.3 [deg]C), these
compressor cycles are not considered regular compressor cycles and
must be included in the second part of the test. As an example, a
``precooling'' cycle, which is an extended compressor cycle that
lowers the temperature(s) of one or more compartments prior to
energizing the defrost heater, must be included in the second part
of the test. The test period for the second part of the test ends at
the termination of the first regular compressor ``on'' cycle after
compartment temperatures have fully recovered to their stable
conditions. The average temperatures of the compartments measured
from this termination of the first regular compressor ``on'' cycle
until the termination of the next regular compressor ``on'' cycle
must both be within 0.5 [deg]F (0.3 [deg]C) of their average
temperatures measured for the first part of the test. See Figure 1
of this section. Note that Figure 1 illustrates the concepts of
precooling and recovery but does not represent all possible defrost
cycles.

[[Page 46799]]

[GRAPHIC] [TIFF OMITTED] TR18JY16.004

4.2.1.2 Non-cycling Compressor System. For a system with a non-
cycling compressor, the second part of the test starts at a time
before defrost during stable operation when compartment temperatures
are within 0.5 [deg]F (0.3 [deg]C) of their average temperatures
measured for the first part of the test. The second part stops at a
time after defrost during stable operation when the compartment
temperatures are within 0.5 [deg]F (0.3 [deg]C) of their average
temperatures measured for the first part of the test. See Figure 2
of this section.

[[Page 46800]]

[GRAPHIC] [TIFF OMITTED] TR18JY16.005

* * * * *

5. Test Measurements

5.1 Temperature Measurements. (a) Temperature measurements shall
be made at the locations prescribed in HRF-1-2008 (incorporated by
reference; see Sec. 430.3) Figure 5.1 for cooler and fresh food
compartments and Figure 5.2 for freezer compartments and shall be
accurate to within 0.5 [deg]F (0.3 [deg]C). No freezer
temperature measurements need be taken in an all-refrigerator or
cooler-all-refrigerator.
(b) If the interior arrangements of the unit under test do not
conform with those shown in Figures 5.1 or 5.2 of HRF-1-2008, as
appropriate, the unit must be tested by relocating the temperature
sensors from the locations specified in the figures to avoid
interference with hardware or components within the unit, in which
case the specific locations used for the temperature sensors shall
be noted in the test data records maintained by the manufacturer in
accordance with 10 CFR 429.71, and the certification report shall
indicate that non-standard sensor locations were used. If any
temperature sensor is relocated by any amount from the location
prescribed in Figure 5.1 or 5.2 of HRF-1- 2008 in order to maintain
a minimum 1-inch air space from adjustable shelves or other
components that could be relocated by the consumer, except in cases
in which the Figures prescribe a temperature sensor location within
1 inch of a shelf or similar feature (e.g., sensor T3 in
Figure 5.1), this constitutes a relocation of temperature sensors
that must be recorded in the test data and reported in the
certification report as described in this paragraph (b).
5.1.1 Measured Temperature. The measured temperature of a
compartment is the average of all sensor temperature readings taken
in that compartment at a particular point in time. Measurements
shall be taken at regular intervals not to exceed 4 minutes.
Measurements for multiple refrigeration system products shall be
taken at regular intervals not to exceed one minute.
5.1.2 Compartment Temperature. The compartment temperature for
each test period shall be an average of the measured temperatures
taken in a compartment during the test period as defined in section
4 of this appendix. For long-time automatic defrost models,
compartment temperatures shall be those measured in the first part
of the test period specified in section 4.2.1 of this appendix. For
models with variable defrost controls, compartment temperatures
shall be those measured in the first part of the test period
specified in section 4.2.2 of this appendix. For models with
automatic defrost that is neither long-time nor variable defrost,
the compartment temperature shall be an average of the measured
temperatures taken in a compartment during a stable period of
compressor operation that:
(a) Includes no defrost cycles or events associated with a
defrost cycle, such as precooling or recovery;
(b) Is no less than three hours in duration; and
(c) Includes two or more whole compressor cycles. If the
compressor does not cycle, the stable period used for the
temperature average shall be three hours in duration.
5.1.3 Fresh Food Compartment Temperature. The fresh food
compartment temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR18JY16.006

Where:

R is the total number of applicable fresh food compartments,
including the primary fresh food compartment and any separate
auxiliary fresh food compartments (including separate auxiliary
convertible compartments tested as fresh food compartments in
accordance with section 2.7 of this appendix);
TRi is the compartment temperature of fresh food
compartment ``i'' determined in accordance with section 5.1.2 of
this appendix; and
VRi is the volume of fresh food compartment ``i.''

5.1.4 Freezer Compartment Temperature. The freezer compartment
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR18JY16.007

Where:

F is the total number of applicable freezer compartments, which
include the primary freezer compartment and any number of separate
auxiliary freezer compartments (including separate auxiliary
convertible compartments tested as freezer compartments in

[[Page 46801]]

accordance with section 2.7 of this appendix);
TFi is the compartment temperature of freezer compartment
``i'' determined in accordance with section 5.1.2 of this appendix;
and
VFi is the volume of freezer compartment ``i''.

5.1.5 Cooler Compartment Temperature. The cooler compartment
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR18JY16.008

Where:

C is the total number of applicable cooler compartments (including
separate auxiliary convertible compartments tested as cooler
compartments in accordance with section 2.7 of this appendix);
TCi is the compartment temperature of cooler compartment
``i'' determined in accordance with section 5.1.2 of this appendix;
and
VCi is the volume of cooler compartment ``i.''

5.2 Energy Measurements.
5.2.1 Per-Day Energy Consumption. The energy consumption in
kilowatt-hours per day, ET, for each test period shall be the energy
expended during the test period as specified in section 4 of this
appendix adjusted to a 24-hour period. The adjustment shall be
determined as follows.
5.2.1.1 Non-Automatic Defrost and Automatic Defrost. The energy
consumption in kilowatt-hours per day shall be calculated equivalent
to:

ET = (EP x 1440 x K)/T

Where:

ET = test cycle energy expended in kilowatt-hours per day;
EP = energy expended in kilowatt-hours during the test period;
T = length of time of the test period in minutes; and
1440 = conversion factor to adjust to a 24-hour period in minutes
per day.
K = dimensionless correction factor of 1.0 for refrigerators and
refrigerator-freezers; and 0.55 for coolers and combination cooler
refrigeration products to adjust for average household usage.

5.2.1.2 Long-time Automatic Defrost. If the two-part test method
is used, the energy consumption in kilowatt-hours per day shall be
calculated equivalent to:

ET = (1440 x K x EP1/T1) + (EP2 - (EP1 x T2/T1)) x K x (12/CT)
Where:

ET, 1440, and K are defined in section 5.2.1.1 of this appendix;
EP1 = energy expended in kilowatt-hours during the first part of the
test;
EP2 = energy expended in kilowatt-hours during the second part of
the test;
T1 and T2 = length of time in minutes of the first and second test
parts respectively;
CT = defrost timer run time or compressor run time between defrosts
in hours required to cause it to go through a complete cycle,
rounded to the nearest tenth of an hour; and
12 = factor to adjust for a 50-percent run time of the compressor in
hours per day.

5.2.1.3 Variable Defrost Control. The energy consumption in
kilowatt-hours per day shall be calculated equivalent to:

ET = (1440 x K x EP1/T1) + (EP2 - (EP1 x T2/T1)) x K x (12/CT),

Where:

1440 and K are defined in section 5.2.1.1 of this appendix and EP1,
EP2, T1, T2, and 12 are defined in section 5.2.1.2 of this appendix;
CT = (CTL x CTM)/(F x (CTM -
CTL) + CTL);
CTL = the shortest compressor run time between defrosts
used in the variable defrost control algorithm (greater than or
equal to 6 but less than or equal to 12 hours), or the shortest
compressor run time between defrosts observed for the test (if it is
shorter than the shortest run time used in the control algorithm and
is greater than 6 hours), or 6 hours (if the shortest observed run
time is less than 6 hours), in hours rounded to the nearest tenth of
an hour;
CTM = maximum compressor run time between defrosts in
hours rounded to the nearest tenth of an hour (greater than
CTL but not more than 96 hours);
F = ratio of per day energy consumption in excess of the least
energy and the maximum difference in per-day energy consumption and
is equal to 0.20.

For variable defrost models with no values for CTL
and CTM in the algorithm, the default values of 6 and 96
shall be used, respectively.
5.2.1.4 Multiple Compressor Products with Automatic Defrost. For
multiple compressor products, the two-part test method in section
4.2.3.4 of this appendix must be used. The energy consumption in
kilowatt-hours per day shall be calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TR18JY16.009

Where:

1440 and K are defined in section 5.2.1.1 of this appendix and EP1,
T1, and 12 are defined in section 5.2.1.2 of this appendix;
i = a variable that can equal 1, 2, or more that identifies each
individual compressor system that has automatic defrost;
D = the total number of compressor systems with automatic defrost.
EP2i = energy expended in kilowatt-hours during the
second part of the test for compressor system i;
T2i = length of time in minutes of the second part of the
test for compressor system i;
CTi = the compressor run time between defrosts for
compressor system i in hours rounded to the nearest tenth of an
hour, for long-time automatic defrost control equal to a fixed time
in hours, and for variable defrost control equal to:

(CTLi x CTMi)/(F x (CTMi-
CTLi) + CTLi);

Where:

CTLi = for compressor system i, the shortest compressor
run time between defrosts used in the variable defrost control
algorithm (greater than or equal to 6 but less than or equal to 12
hours), or the shortest compressor run time between defrosts
observed for the test (if it is shorter than the shortest run time
used in the control algorithm and is greater than 6 hours), or 6
hours (if the shortest observed run time is less than 6 hours), in
hours rounded to the nearest tenth of an hour;
CTMi = for compressor system i, the maximum compressor
run time between defrosts in hours rounded to the nearest tenth of
an hour (greater than CTLi but not more than 96 hours);
F = default defrost energy consumption factor, equal to 0.20.

For variable defrost models with no values for CTLi
and CTMi in the algorithm, the default values of 6 and 96
shall be used, respectively.
5.2.1.5 Long-time or Variable Defrost Control for Systems with
Multiple Defrost Cycle Types. The energy consumption in kilowatt-
hours per day shall be calculated equivalent to:
[GRAPHIC] [TIFF OMITTED] TR18JY16.010

[[Page 46802]]

Where:

1440 and K are defined in section 5.2.1.1 of this appendix and EP1,
T1, and 12 are defined in section 5.2.1.2 of this appendix;
i is a variable that can equal 1, 2, or more that identifies the
distinct defrost cycle types applicable for the product;
EP2i = energy expended in kilowatt-hours during the
second part of the test for defrost cycle type i;
T2i = length of time in minutes of the second part of the
test for defrost cycle type i;
CTi is the compressor run time between instances of
defrost cycle type i, for long-time automatic defrost control equal
to a fixed time in hours rounded to the nearest tenth of an hour,
and for variable defrost control equal to:
(CTLi x CTMi)/(F x (CTMi -
CTLi) + CTLi);
CTLi = least or shortest compressor run time between
instances of defrost cycle type i in hours rounded to the nearest
tenth of an hour (CTL for the defrost cycle type with the
longest compressor run time between defrosts must be greater than or
equal to 6 but less than or equal to 12 hours);
CTMi = maximum compressor run time between instances of
defrost cycle type i in hours rounded to the nearest tenth of an
hour (greater than CTLi but not more than 96 hours);

For cases in which there are more than one fixed CT value (for
long-time defrost models) or more than one CTM and/or
CTL value (for variable defrost models) for a given
defrost cycle type, an average fixed CT value or average
CTM and CTL values shall be selected for this
cycle type so that 12 divided by this value or values is the
frequency of occurrence of the defrost cycle type in a 24 hour
period, assuming 50% compressor run time.

F = default defrost energy consumption factor, equal to 0.20.

For variable defrost models with no values for CTLi
and CTMi in the algorithm, the default values of 6 and 96
shall be used, respectively.
D is the total number of distinct defrost cycle types.
5.3 Volume Measurements. (a) The unit's total refrigerated
volume, VT, shall be measured in accordance with HRF-1-2008,
(incorporated by reference; see Sec. 430.3), section 3.30 and
sections 4.2 through 4.3. The measured volume shall include all
spaces within the insulated volume of each compartment except for
the volumes that must be deducted in accordance with section 4.2.2
of HRF-1-2008, as provided in paragraph (b) of this section, and be
calculated equivalent to:

VT = VF + VFF + VC

Where:

VT = total refrigerated volume in cubic feet,
VF = freezer compartment volume in cubic feet,
VFF = fresh food compartment volume in cubic feet, and
VC = cooler compartment volume in cubic feet.

(b) The following component volumes shall not be included in the
compartment volume measurements: Icemaker compartment insulation
(e.g., insulation isolating the icemaker compartment from the fresh
food compartment of a product with a bottom-mounted freezer with
through-the-door ice service), fountain recess, dispenser
insulation, and ice chute (if there is a plug, cover, or cap over
the chute per Figure 4-2 of HRF-1-2008). The following component
volumes shall be included in the compartment volume measurements:
Icemaker auger motor (if housed inside the insulated space of the
cabinet), icemaker kit, ice storage bin, and ice chute (up to the
dispenser flap, if there is no plug, cover, or cap over the ice
chute per Figure 4-3 of HRF-1-2008).
(c) Total refrigerated volume is determined by physical
measurement of the test unit. Measurements and calculations used to
determine the total refrigerated volume shall be retained as part of
the test records underlying the certification of the basic model in
accordance with 10 CFR 429.71.
(d) Compartment classification shall be based on subdivision of
the refrigerated volume into zones separated from each other by
subdividing barriers: No evaluated compartment shall be a zone of a
larger compartment unless the zone is separated from the remainder
of the larger compartment by subdividing barriers; if there are no
such subdividing barriers within the larger compartment, the larger
compartment must be evaluated as a single compartment rather than as
multiple compartments. If the cabinet contains a movable subdividing
barrier, it must be placed as described in section 2.7 of this
appendix.
(e) Freezer, fresh food, and cooler compartment volumes shall be
calculated and recorded to the nearest 0.01 cubic foot. Total
refrigerated volume shall be calculated and recorded to the nearest
0.1 cubic foot.

6. Calculation of Derived Results From Test Measurements

6.1 Adjusted Total Volume. The adjusted total volume of each
tested unit must be determined based upon the volume measured in
section 5.3 of this appendix using the following calculations. Where
volume measurements for the freezer, fresh food, and cooler
compartment are recorded in liters, the measured volume must be
converted to cubic feet and rounded to the nearest 0.01 cubic foot
prior to calculating the adjusted volume. Adjusted total volume
shall be calculated and recorded to the nearest 0.1 cubic foot.
6.1.1 Refrigerators, Coolers, and Cooler-Refrigerators. The
adjusted total volume, AV, for refrigerators or cooler-refrigerators
under test, shall be defined as:

AV = (VF x CR) + VFF + VC

Where:

AV = adjusted total volume in cubic feet;
VF, VFF, and VC are defined in section 5.3 of this appendix;
CR = dimensionless adjustment factor for freezer compartments of
1.00 for all-refrigerators and cooler-all-refrigerators, or 1.47 for
other types of refrigerators and cooler-refrigerators; and

6.1.2 Refrigerator-Freezers, Cooler-Refrigerator-Freezers, and
Cooler-Freezers. The adjusted total volume, AV, for refrigerator-
freezers, cooler-refrigerator-freezers, and cooler-freezers under
test shall be calculated as follows:

AV = (VF x CRF) + VFF + VC

Where:

VF, VFF, and VC are defined in section 5.3 and AV is defined in
section 6.1.1 of this appendix;
CRF = dimensionless adjustment factor for freezer compartments of
1.76; and

6.2 Average Per-Cycle Energy Consumption. The average per-cycle
energy consumption for a cycle type, E, is expressed in kilowatt-
hours per cycle to the nearest one hundredth (0.01) kilowatt-hour
and shall be calculated according to the sections below.
6.2.1 All-Refrigerator Models. The average per-cycle energy
consumption shall depend upon the temperature attainable in the
fresh food compartment as shown in section 6.2.1.1 of this appendix.
6.2.1.1 If the fresh food compartment temperature is always
below 39.0[emsp14][deg]F (3.9 [deg]C), the average per-cycle energy
consumption shall be equivalent to:

E = ET1

Where:

ET is defined in section 5.2.1 of this appendix; and
The number 1 indicates the test during which the highest fresh food
compartment temperature is measured.

6.2.1.2 If the conditions of section 6.2.1.1 of this appendix do
not apply, the average per-cycle energy consumption shall be
equivalent to:

E = ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1))

Where:

ET is defined in section 5.2.1 of this appendix;
TR = fresh food compartment temperature determined according to
section 5.1.3 of this appendix in degrees F;
The numbers 1 and 2 indicate measurements taken during the two tests
to be used to calculate energy consumption, as specified in section
3 of this appendix; and
39.0 = standardized fresh food compartment temperature in degrees F.

6.2.2 Coolers. The average per-cycle energy consumption shall
depend upon the temperature attainable in the cooler compartment as
shown in section 6.2.2.1 of this appendix.
6.2.2.1 If the cooler compartment temperature is always below
55.0[emsp14][deg]F (12.8 [deg]C), the average per-cycle energy
consumption shall be equivalent to:

E = ET1

Where:

ET is defined in section 5.2.1 of this appendix; and
The number 1 indicates the test during which the highest cooler
compartment temperature is measured.

6.2.2.2 If the conditions of section 6.2.2.1 of this appendix do
not apply, the average per-cycle energy consumption shall be
equivalent to:

[[Page 46803]]

E = ET1 + ((ET2 - ET1) x (55.0 - TC1)/(TC2 - TC1))

Where:

ET is defined in section 5.2.1 of this appendix;
TC = cooler compartment temperature determined according to section
5.1.5 of this appendix in degrees F;
The numbers 1 and 2 are defined in section 6.2.1.2 of this appendix;
and
55.0 = standardized cooler compartment temperature in degrees F.

6.2.3 Refrigerators and Refrigerator-Freezers. The average per-
cycle energy consumption shall be defined in one of the following
ways as applicable.
6.2.3.1 If the fresh food compartment temperature is always
below 39[emsp14][deg]F (3.9 [deg]C) and the freezer compartment
temperature is always below 15[emsp14][deg]F (-9.4 [deg]C) in both
tests of a refrigerator or always below 0[emsp14][deg]F (-17.8
[deg]C) in both tests of a refrigerator-freezer, the average per-
cycle energy consumption shall be:

E = ET1 + IET

Where:

ET is defined in section 5.2.1 of this appendix;
IET, expressed in kilowatt-hours per cycle, equals 0.23 for a
product with an automatic icemaker and otherwise equals 0 (zero);
and
The number 1 indicates the test during which the highest freezer
compartment temperature was measured.

6.2.3.2 If the conditions of section 6.2.3.1 of this appendix do
not apply, the average per-cycle energy consumption shall be defined
by the higher of the two values calculated by the following two
formulas:

E = ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1)) + IET

and

E = ET1 + ((ET2 - ET1) x (k - TF1)/(TF2 - TF1)) + IET

Where:

ET is defined in section 5.2.1 of this appendix;
IET is defined in section 6.2.3.1 of this appendix;
TR and the numbers 1 and 2 are defined in section 6.2.1.2 of this
appendix;
TF = freezer compartment temperature determined according to section
5.1.4 of this appendix in degrees F;
39.0 is a specified fresh food compartment temperature in degrees F;
and
k is a constant 15.0 for refrigerators or 0.0 for refrigerator-
freezers, each being a standardized freezer compartment temperature
in degrees F.

6.2.4 Combination Cooler Refrigeration Products. The average
per-cycle energy consumption shall be defined in one of the
following ways as applicable.
6.2.4.1 If the compartment temperatures are always below their
compartments' standardized temperatures as defined in section 3.2 of
this appendix (the fresh food compartment temperature is at or below
39[emsp14][deg]F (3.9 [deg]C); the cooler compartment temperature is
at or below 55[emsp14][deg]F (12.8 [deg]C); and the freezer
compartment temperature is at or below 15[emsp14][deg]F (-9.4
[deg]C) for a cooler-refrigerator, or the freezer compartment
temperature is at or below 0[emsp14][deg]F (-17.8 [deg]C) for a
cooler-refrigerator-freezer or cooler-freezer), the average per-
cycle energy consumption shall be:

E = ET1 + IET

Where:

ET is defined in section 5.2.1 of this appendix;
IET is defined in section 6.2.3.1 of this appendix;
The number 1 indicates the test during which the highest freezer
compartment temperature is measured. If the product has no freezer
compartment, the number 1 indicates the test during which the
highest fresh food compartment temperature is measured.

6.2.4.2 If the conditions of section 6.2.4.1 of this appendix do
not apply, the average per-cycle energy consumption shall be defined
by the highest of the two or three values calculated by the
following three formulas:

E = (ET1 + ((ET2 - ET1) x (39.0 - TR1)/(TR2 - TR1)) + IET if the
product has a fresh food compartment;
E = (ET1 + ((ET2 - ET1) x (k - TF1)/(TF2 - TF1)) + IET if the
product has a freezer compartment; and
E = (ET1 + ((ET2 - ET1) x (55.0 - TC1)/(TC2 - TC1)) + IET

Where:

ET is defined in section 5.2.1 of this appendix;
IET is defined in section 6.2.3.1 of this appendix;
TR and the numbers 1 and 2 are defined in section 6.2.1.2 of this
appendix;
TF is defined in section 6.2.3.2 of this appendix;
TC is defined in section 6.2.2.2 of this appendix;
39.0 is a specified fresh food compartment temperature in degrees F;
k is a constant 15.0 for cooler-refrigerators or 0.0 for cooler-
refrigerator-freezers and cooler-freezers, each being a standardized
freezer compartment temperature in degrees F; and
55.0 is a specified cooler compartment temperature in degrees F.

6.2.5 Variable Anti-Sweat Heater Models. The standard cycle
energy consumption of a model with a variable anti-sweat heater
control (Estd), expressed in kilowatt-hours per day,
shall be calculated equivalent to:
Estd = E + (Correction Factor) where E is determined
by sections 6.2.1, 6.2.2, 6.2.3, or 6.2.4 of this appendix,
whichever is appropriate, with the anti-sweat heater switch in the
``off'' position or, for a product without an anti-sweat heater
switch, the anti-sweat heater in its lowest energy use state.

Correction Factor = (Anti-sweat Heater Power x System-loss Factor) x
(24 hrs/1 day) x (1 kW/1000 W)

Where:

Anti-sweat Heater Power = 0.034 * (Heater Watts at 5%RH)
+ 0.211 * (Heater Watts at 15%RH)
+ 0.204 * (Heater Watts at 25%RH)
+ 0.166 * (Heater Watts at 35%RH)
+ 0.126 * (Heater Watts at 45%RH)
+ 0.119 * (Heater Watts at 55%RH)
+ 0.069 * (Heater Watts at 65%RH)
+ 0.047 * (Heater Watts at 75%RH)
+ 0.008 * (Heater Watts at 85%RH)
+ 0.015 * (Heater Watts at 95%RH)
Heater Watts at a specific relative humidity = the nominal watts
used by all heaters at that specific relative humidity,
72[emsp14][deg]F (22.2 [deg]C) ambient, and DOE reference
temperatures of fresh food (FF) average temperature of
39[emsp14][deg]F (3.9 [deg]C) and freezer (FZ) average temperature
of 0[emsp14][deg]F (-17.8 [deg]C).
System-loss Factor = 1.3.

7. Test Procedure Waivers

To the extent that the procedures contained in this appendix do
not provide a means for determining the energy consumption of a
basic model, a manufacturer must obtain a waiver under Sec. 430.27
to establish an acceptable test procedure for each such basic model.
Such instances could, for example, include situations where the test
set-up for a particular basic model is not clearly defined by the
provisions of section 2 of this appendix. For details regarding the
criteria and procedures for obtaining a waiver, please refer to
Sec. 430.27.

Appendix A1--[Removed]

0
12. Appendix A1 to subpart B is removed.

0
13. Appendix B to subpart B is amended by revising the introductory
text and sections 1, 2.5, 5.1.b, 5.1.3, 5.3, 6.1, 6.2.1, 6.2.2, and 7
to read as follows:

Appendix B to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Freezers

Note: For freezers, the rounding requirements specified in
sections 5.3.e and 6.1 of this appendix are not required for use
until the compliance date of any amended energy conservation
standards for these products.

1. Definitions

Section 3, Definitions, of HRF-1-2008 (incorporated by
reference; see Sec. 430.3) applies to this test procedure.
Adjusted total volume means the product of the freezer volume as
defined in HRF-1-2008 (incorporated by reference; see Sec. 430.3)
in cubic feet multiplied by an adjustment factor.
Anti-sweat heater means a device incorporated into the design of
a freezer to prevent the accumulation of moisture on exterior or
interior surfaces of the cabinet.
Anti-sweat heater switch means a user-controllable switch or
user interface which modifies the activation or control of anti-
sweat heaters.
Automatic defrost means a system in which the defrost cycle is
automatically initiated and terminated, with resumption of normal
refrigeration at the conclusion of defrost operation. The system
automatically prevents the permanent formation of frost on all
refrigerated surfaces. Nominal refrigerated

[[Page 46804]]

food temperatures are maintained during the operation of the
automatic defrost system.
Automatic icemaker means a device that can be supplied with
water without user intervention, either from a pressurized water
supply system or by transfer from a water reservoir that
automatically produces, harvests, and stores ice in a storage bin,
with means to automatically interrupt the harvesting operation when
the ice storage bin is filled to a pre-determined level.
Complete temperature cycle means a time period defined based
upon the cycling of compartment temperature that starts when the
compartment temperature is at a maximum and ends when the
compartment temperature returns to an equivalent maximum (within
0.5[emsp14][deg]F of the starting temperature), having in the
interim fallen to a minimum and subsequently risen again to reach
the second maximum. Alternatively, a complete temperature cycle can
be defined to start when the compartment temperature is at a minimum
and end when the compartment temperature returns to an equivalent
minimum (within 0.5[emsp14][deg]F of the starting temperature),
having in the interim risen to a maximum and subsequently fallen
again to reach the second minimum.
Cycle means the period of 24 hours for which the energy use of a
freezer is calculated as though the consumer-activated compartment
temperature controls were set to maintain the standardized
temperature (see section 3.2 of this appendix).
Cycle type means the set of test conditions having the
calculated effect of operating a freezer for a period of 24 hours
with the consumer-activated controls other than the compartment
temperature control set to establish various operating
characteristics.
HRF-1-2008 means AHAM Standard HRF-1-2008, Association of Home
Appliance Manufacturers, Energy and Internal Volume of Refrigerating
Appliances (2008), including Errata to Energy and Internal Volume of
Refrigerating Appliances, Correction Sheet issued November 17, 2009.
Only sections of HRF-1-2008 (incorporated by reference; see Sec.
430.3) specifically referenced in this test procedure are part of
this test procedure. In cases where there is a conflict, the
language of the test procedure in this appendix takes precedence
over HRF-1-2008.
Ice storage bin means a container in which ice can be stored.
Long-time automatic defrost means an automatic defrost system
where successive defrost cycles are separated by 14 hours or more of
compressor operating time.
Precooling means operating a refrigeration system before
initiation of a defrost cycle to reduce one or more compartment
temperatures significantly (more than 0.5[emsp14][deg]F) below its
minimum during stable operation between defrosts.
Quick freeze means an optional feature on freezers that is
initiated manually. It bypasses the thermostat control and operates
continually until the feature is terminated either manually or
automatically.
Recovery means operating a refrigeration system after the
conclusion of a defrost cycle to reduce the temperature of one or
more compartments to the temperature range that the compartment(s)
exhibited during stable operation between defrosts.
Separate auxiliary compartment means a freezer compartment other
than the primary freezer compartment of a freezer having more than
one compartment. Access to a separate auxiliary compartment is
through a separate exterior door or doors rather than through the
door or doors of another compartment. Separate auxiliary freezer
compartments may not be larger than the primary freezer compartment.
Special compartment means any compartment without doors directly
accessible from the exterior, and with separate temperature control
that is not convertible from fresh food temperature range to freezer
temperature range.
Stabilization period means the total period of time during which
steady-state conditions are being attained or evaluated.
Stable operation means operation after steady-state conditions
have been achieved but excluding any events associated with defrost
cycles. During stable operation the average rate of change of
compartment temperature must not exceed 0.042[emsp14][deg]F (0.023
[deg]C) per hour. Such a calculation performed for compartment
temperatures at any two times, or for any two periods of time
comprising complete cycles, during stable operation must meet this
requirement.
(a) If compartment temperatures do not cycle, the relevant
calculation shall be the difference between the temperatures at two
points in time divided by the difference, in hours, between those
points in time.
(b) If compartment temperatures cycle as a result of compressor
cycling or other cycling operation of any system component (e.g., a
damper, fan, or heater), the relevant calculation shall be the
difference between compartment temperature averages evaluated for
whole compressor cycles or complete temperature cycles divided by
the difference, in hours, between either the starts, ends, or mid-
times of the two cycles.
Standard cycle means the cycle type in which the anti-sweat
heater switch, when provided, is set in the highest energy-consuming
position.
Through-the-door ice/water dispenser means a device incorporated
within the cabinet, but outside the boundary of the refrigerated
space, that delivers to the user on demand ice and may also deliver
water from within the refrigerated space without opening an exterior
door. This definition includes dispensers that are capable of
dispensing ice and water or ice only.
Variable defrost control means an automatic defrost system in
which successive defrost cycles are determined by an operating
condition variable (or variables) other than solely compressor
operating time. This includes any electrical or mechanical device
performing this function. A control scheme that changes the defrost
interval from a fixed length to an extended length (without any
intermediate steps) is not considered a variable defrost control. A
variable defrost control feature should predict the accumulation of
frost on the evaporator and react accordingly. Therefore, the times
between defrost must vary with different usage patterns and include
a continuum of lengths of time between defrosts as inputs vary.

2. Test Conditions

* * * * *
2.5 Special compartments shall be tested with controls set to
provide the coldest temperature. However, for special compartments
in which temperature control is achieved using the addition of heat
(including resistive electric heating, refrigeration system waste
heat, or heat from any other source, but excluding the transfer of
air from another part of the interior of the product) for any part
of the controllable temperature range of that compartment, the
product energy use shall be determined by averaging two sets of
tests. The first set of tests shall be conducted with such special
compartments at their coldest settings, and the second set of tests
shall be conducted with such special compartments at their warmest
settings. The requirements for the warmest or coldest temperature
settings of this section do not apply to features or functions
associated with temperature control (such as quick freeze) that are
initiated manually and terminated automatically within 168 hours.
Movable subdividing barriers that separate compartments of
different types (e.g., fresh food on one side and cooler on the
other side) shall be placed in the median position. If such a
subdividing barrier has an even number of positions, the near-median
position representing the smallest volume of the warmer
compartment(s) shall be used.
* * * * *

5. Test Measurements

5.1 Temperature Measurements. * * *
(b) If the interior arrangements of the unit under test do not
conform with those shown in Figure 5.2 of HRF-1-2008, the unit must
be tested by relocating the temperature sensors from the locations
specified in the figures to avoid interference with hardware or
components within the unit, in which case the specific locations
used for the temperature sensors shall be noted in the test data
records maintained by the manufacturer in accordance with 10 CFR
429.71, and the certification report shall indicate that non-
standard sensor locations were used. If any temperature sensor is
relocated by any amount from the location prescribed in Figure 5.2
of HRF-1-2008 in order to maintain a minimum 1-inch air space from
adjustable shelves or other components that could be relocated by
the consumer, except in cases in which the Figure prescribe a
temperature sensor location within 1 inch of a shelf or similar
feature, this constitutes a relocation of temperature sensors that
must be recorded in the test data and reported in the certification
report as described above.
* * * * *
5.1.3 Freezer Compartment Temperature. The freezer compartment
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR18JY16.011

Where:

F is the total number of applicable freezer compartments, which
include the primary freezer compartment and any

[[Page 46805]]

number of separate auxiliary freezer compartments;
TFi is the compartment temperature of freezer compartment
``i'' determined in accordance with section 5.1.2 of this appendix;
and
VFi is the volume of freezer compartment ``i''.
* * * * *
5.3 Volume Measurements. (a) The unit's total refrigerated
volume, VT, shall be measured in accordance with HRF-1-2008
(incorporated by reference; see Sec. 430.3), section 3.30 and
sections 4.2 through 4.3. The measured volume shall include all
spaces within the insulated volume of each compartment except for
the volumes that must be deducted in accordance with section 4.2.2
of HRF-1-2008, as provided in paragraph (b) of this section.
(b) The following component volumes shall not be included in the
compartment volume measurements: Icemaker compartment insulation,
fountain recess, dispenser insulation, and ice chute (if there is a
plug, cover, or cap over the chute per Figure 4-2 of HRF-1-2008).
The following component volumes shall be included in the compartment
volume measurements: Icemaker auger motor (if housed inside the
insulated space of the cabinet), icemaker kit, ice storage bin, and
ice chute (up to the dispenser flap, if there is no plug, cover, or
cap over the ice chute per Figure 4-3 of HRF-1-2008).
(c) Total refrigerated volume is determined by physical
measurement of the test unit. Measurements and calculations used to
determine the total refrigerated volume shall be retained as part of
the test records underlying the certification of the basic model in
accordance with 10 CFR 429.71.
(d) Compartment classification shall be based on subdivision of
the refrigerated volume into zones separated from each other by
subdividing barriers: No evaluated compartment shall be a zone of a
larger compartment unless the zone is separated from the remainder
of the larger compartment by subdividing barriers; if there are no
such subdividing barriers within the larger compartment, the larger
compartment must be evaluated as a single compartment rather than as
multiple compartments. If the cabinet contains a movable subdividing
barrier, it must be placed as described in section 2.5 of this
appendix.
(e) Freezer compartment volumes shall be calculated and recorded
to the nearest 0.01 cubic feet. Total refrigerated volume shall be
calculated and recorded to the nearest 0.1 cubic feet.

6. Calculation of Derived Results From Test Measurements

6.1 Adjusted Total Volume. The adjusted total volume of each
tested unit must be determined based upon the volume measured in
section 5.3 of this appendix using the following calculations. Where
volume measurements for the freezer are recorded in liters, the
measured volume must be converted to cubic feet and rounded to the
nearest 0.01 cubic foot prior to calculating the adjusted volume.
Adjusted total volume shall be calculated and recorded to the
nearest 0.1 cubic foot. The adjusted total volume, AV, for freezers
under test shall be defined as:

AV = VT x CF

Where:

VA = adjusted total volume in cubic feet;
VT = total refrigerated volume in cubic feet; and
CF = dimensionless correction factor of 1.76.
* * * * *
6.2.1 If the compartment temperature is always below
0.0[emsp14][deg]F (-17.8 [deg]C), the average per-cycle energy
consumption shall be equivalent to:

E = ET1 + IET

Where:

E = total per-cycle energy consumption in kilowatt-hours per day;
ET is defined in section 5.2.1 of this appendix;
The number 1 indicates the test during which the highest compartment
temperature is measured; and
IET, expressed in kilowatt-hours per cycle, equals 0.23 for a
product with an automatic icemaker and otherwise equals 0 (zero).

6.2.2 If one of the compartment temperatures measured for a test
is greater than 0.0[emsp14][deg]F (17.8 [deg]C), the average per-
cycle energy consumption shall be equivalent to:

E = ET1 + ((ET2 - ET1) x (0.0 - TF1)/(TF2 - TF1)) + IET

Where:

E and IET are defined in section 6.2.1 of this appendix and ET is
defined in section 5.2.1 of this appendix;
TF = freezer compartment temperature determined according to section
5.1.3 of this appendix in degrees F;
The numbers 1 and 2 indicate measurements taken during the two tests
to be used to calculate energy consumption, as specified in section
3 of this appendix; and
0.0 = standardized compartment temperature in degrees F.
* * * * *

7. Test Procedure Waivers

Appendix B1--[Removed]

0
14. Appendix B1 to subpart B is removed.

[FR Doc. 2016-14389 Filed 7-15-16; 8:45 am]
BILLING CODE 6450-01-P

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