Energy Conservation Program: Test Procedures for Consumer Refrigeration Products, 70842-70880 [2019-26903]

Download as PDF 70842 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 430 [EERE–2017–BT–TP–0004] RIN 1904–AD84 Energy Conservation Program: Test Procedures for Consumer Refrigeration Products Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of proposed rulemaking and request for comment. AGENCY: The U.S. Department of Energy (‘‘DOE’’) proposes to amend the test procedures for consumer refrigerators, refrigerator-freezers, and freezers, and miscellaneous refrigeration products (collectively ‘‘consumer refrigeration products’’). The proposed test procedure amendments would, among other things, define the term ‘‘compartment,’’ and revise the method for including the energy use of automatic icemakers and certain other energy-using functions. DOE is also proposing to adjust the standards for these products to ensure that this change in test methodology does not require manufacturers to increase the efficiency of already compliant products or allow previously non-compliant products to meet the current energy conservation standard. DOE is announcing a public meeting and comment period to collect comments and data on its proposal, and methods to reduce regulatory burden while ensuring the test procedures’ representativeness of energy use during an average use cycle or period of use. DATES: Meeting: DOE will hold a public meeting on January 9, 2020 from 9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast as a webinar. See section V, ‘‘Public Participation,’’ of this document for webinar registration information, participant instructions, and information about the capabilities available to webinar participants. DOE will accept comments, data, and information regarding this proposal no later than February 21, 2020. See section V, ‘‘Public Participation,’’ for details. ADDRESSES: The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 8E–089, 1000 Independence Avenue SW, Washington, DC 20585. Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at http:// www.regulations.gov. Follow the instructions for submitting comments. lotter on DSKBCFDHB2PROD with PROPOSALS4 SUMMARY: VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 Alternatively, interested persons may submit comments, identified by docket number EERE–2017–BT–TP–0004, by any of the following methods: (1) Federal eRulemaking Portal: http://regulations.gov. Follow the instructions for submitting comments. (2) Email: ConsumerRefrigFreezer 2017TP0004@ee.doe.gov. Include the docket number EERE–2017–BT–TP– 0004 or regulatory information number (RIN) 1904–AD84 in the subject line of the message. (3) Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287–1445. If possible, please submit all items on a compact disc (‘‘CD’’), in which case it is not necessary to include printed copies. (4) Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 287–1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see section V, ‘‘Public Participation,’’ of this document. Docket: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the http://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at http://www.regulations.gov/ #!docketDetail;D=EERE-2017-BT-TP0004. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Telephone: (202) 287–1943. Email: ApplianceStandardsQuestions@ ee.doe.gov. Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586–9496. Email: Peter.Cochran@hq.doe.gov. For further information on how to submit a comment, review other public comments and the docket, or regarding a public meeting, contact the Appliance and Equipment Standards Program staff at (202) 287–1445 or by email: ApplianceStandardsQuestions@ ee.doe.gov. DOE proposes to maintain a previously approved incorporation by reference and to incorporate by reference the following industry standard into 10 CFR part 430: AHAM HRF–1–2016, (‘‘HRF–1– 2016’’), Energy and Internal Volume of Refrigerating Appliances (January 1, 2016), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet. Copies of HRF–1–2016 can be obtained from the Association of Home Appliance Manufacturers, 1111 19th Street NW, Suite 402, Washington, DC 20036, (202) 872–5955, or go to http:// www.AHAM.org. See section IV.N of this document for a more detailed discussion of this industry standard. SUPPLEMENTARY INFORMATION: Table of Contents I. Authority and Background A. Authority B. Background II. Synopsis of the Notice of Proposed Rulemaking III. Discussion A. Scope of Applicability B. Compartment Definitions C. AHAM HRF–1 Standard D. Icemaking Energy Consumption E. Built-In Test Configuration F. Test Setup 1. Thermocouple Configuration for Freezer Drawers 2. Test Platform Requirements 3. Separate External Temperature Controls G. Test Conditions 1. Vertical Gradient 2. Stabilization H. Features Not Directly Addressed in Appendix A or Appendix B 1. Door-in-Door Designs 2. Display Screens and Connected Functions I. Corrections J. Compliance Date and Waivers 1. Compliance Date 2. Waivers a. Waivers Relevant to the Proposed Amendments b. MREF Waivers E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules K. Test Procedure Impacts and Other Topics 1. Test Procedure Costs and Impacts a. Proposed Amendment Regarding the Stabilization and Test Periods b. Proposed Amendment Regarding Products With Demand-Response Capability c. Proposed Amendment Regarding Energy Use Associated With Automatic Icemaking d. Impact of the Other Proposed Amendments 2. Harmonization With Industry Standards 3. Other Test Procedure Topics IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 B. Review Under Executive Orders 13771 and 13777 C. Review Under the Regulatory Flexibility Act D. Review Under the Paperwork Reduction Act of 1995 E. Review Under the National Environmental Policy Act of 1969 F. Review Under Executive Order 13132 G. Review Under Executive Order 12988 H. Review Under the Unfunded Mandates Reform Act of 1995 I. Review Under the Treasury and General Government Appropriations Act, 1999 J. Review Under Executive Order 12630 K. Review Under Treasury and General Government Appropriations Act, 2001 L. Review Under Executive Order 13211 M. Review Under Section 32 of the Federal Energy Administration Act of 1974 N. Description of Materials Incorporated by Reference V. Public Participation A. Attendance at Public Meeting B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of Public Meeting D. Submission of Comments E. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary lotter on DSKBCFDHB2PROD with PROPOSALS4 I. Authority and Background Consumer refrigerators, refrigeratorfreezers, and freezers are included in the list of ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6292(a)(1)) DOE’s energy conservation standards for consumer refrigerators, refrigerator-freezers, and freezers are currently prescribed at title 10 of the Code of Federal Regulations (‘‘CFR’’) 430.32(a). DOE’s test procedures are currently prescribed at 10 CFR 430.23(a) and part 430, subpart B, appendix A (‘‘Appendix A’’) for refrigerators and refrigerator-freezers, and 10 CFR 430.23(b) and 10 CFR part 430, subpart B, appendix B (‘‘Appendix B’’) for freezers. Additionally, under 42 U.S.C. 6292(a)(20), DOE may extend coverage over a particular type of consumer product provided that DOE determines that classifying products of such type as VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 covered products is necessary or appropriate to carry out the purposes of EPCA, and specified requirements are met. See 42 U.S.C. 6292(b)(1) and 6295(l)(1). Consistent with its statutory obligations, DOE established regulatory coverage over miscellaneous refrigeration products (‘‘MREFs’’).1 81 FR 46768 (July 18, 2016). The current test procedures for MREFs are prescribed at 10 CFR 430.23(ff) and Appendix A. The following sections discuss DOE’s authority to establish and amend test procedures for consumer refrigerators, refrigerator-freezers, freezers, and MREFs, as well as relevant background information regarding DOE’s proposed amendments to the test procedures for these products. A. Authority The Energy Policy and Conservation Act of 1975, as amended, (EPCA) 2 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment (42 U.S.C. 6291–6317). Title III, Part B 3 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These products include consumer refrigerators, refrigerator-freezers, and freezers, the subject of this document. (42 U.S.C. 6292(a)(1)) Under EPCA, DOE’s energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 1 An MREF is defined as a consumer refrigeration product other than a refrigerator, refrigeratorfreezer, or freezer, which includes coolers and combination cooler refrigeration products. 10 CFR 430.2. 2 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (October 23, 2018). 3 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 70843 U.S.C. 6295(s)), and (2) making representations about the efficiency of those consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)) Federal energy efficiency requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (See 42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. (42 U.S.C. 6297(d)) Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) Further, when amending a test procedure, DOE must determine the extent to which, if any, the proposal would alter the measured energy use of a given product as determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure would alter the measured energy use of a covered product, DOE must also amend the applicable energy conservation standard during the rulemaking carried out with respect to such test procedure. (42 U.S.C. 6293(e)(2)) In determining the amended energy conservation standard, the Secretary shall measure, pursuant to the amended test procedure, the energy efficiency, energy use, or water use of a representative sample of covered products that minimally comply with the existing standard. The average of such energy efficiency, energy use, or water use levels determined under the amended test procedure shall constitute the amended energy conservation standard for the applicable covered products. Id. In addition, EPCA requires that DOE amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off mode energy consumption must be incorporated into the overall energy efficiency, energy consumption, or other energy descriptor E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 70844 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules for each covered product unless the current test procedures already account for and incorporate standby 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 technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment must consider the most current versions of the International Electrotechnical Commission (IEC) Standard 62301 4 and IEC Standard 62087 5 as applicable. (42 U.S.C. 6295(gg)(2)(A)) If DOE determines that a test procedure amendment is warranted, it must publish proposed test procedures and offer the public an opportunity to present oral and written comments on them. (42 U.S.C. 6293(b)(2)) EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including consumer refrigeration products, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that measure energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type (or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures. DOE is publishing this 4 IEC 62301, Household electrical appliances— Measurement of standby power (Edition 2.0, 2011– 01). 5 IEC 62087, Methods of measurement for the power consumption of audio, video, and related equipment (Edition 3.0, 2011–04). VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 NOPR in satisfaction of the 7-year review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A)) B. Background As described, DOE’s existing test procedure for consumer refrigerators, refrigerator-freezers, and MREFs appears at Appendix A (‘‘Uniform Test Method for Measuring the Energy Consumption of Refrigerators, Refrigerator-Freezers, and Miscellaneous Refrigeration Products’’). DOE’s existing test procedure for freezers appears at Appendix B (‘‘Uniform Test Method for Measuring the Energy Consumption of Freezers’’). These test procedures are the result of numerous evaluations and updates that have occurred since DOE initially established its test procedures for these products in a final rule published in the Federal Register on September 14, 1977. 42 FR 46140. The original test procedures were generally viewed as too complex, and industry stakeholders developed alternative test procedures in conjunction with the Association of Home Appliance Manufacturers (‘‘AHAM’’) that were incorporated into the 1979 version of AHAM Standard HRF–1, ‘‘Household Refrigerators, Combination Refrigerator-Freezers, and Household Freezers’’ (‘‘HRF–1–1979’’). Using this industry-created test procedure, DOE revised its test procedures on August 10, 1982, which were codified as a new Appendix A1 for refrigerators and refrigerator-freezers and a new Appendix B1 for freezers. 47 FR 34517. On August 31, 1989, DOE amended the Appendix A1 and Appendix B1 test procedures further when it published a final rule establishing test procedures for variable-defrost control refrigeration products, dual-compressor refrigeratorfreezers, and freezers equipped with ‘‘quick-freeze.’’ 54 FR 36238. DOE amended the Appendix A1 test procedure again on March 7, 2003, by modifying the test period used for products equipped with long-time automatic defrost or variable defrost. 68 FR 10957. On December 16, 2010, DOE published a final and interim final rule (the ‘‘December 2010 Final Rule and Interim Final Rule’’) that amended the test procedures in Appendix A1 and Appendix B1 and established new test procedures in Appendix A and Appendix B. 75 FR 78810. The December 2010 Final Rule and Interim Final Rule established a number of comprehensive changes to improve the measurement of energy consumption of refrigerators, refrigerator-freezers, and freezers. These changes included, PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 among other things: (1) Adjusting the standardized compartment temperatures and volume-adjustment factors, (2) adding new methods for measuring compartment volumes, (3) modifying the long-time automatic defrost test procedure to measure all energy use associated with the defrost function, (4) adding test procedures for products with a single compressor and multiple evaporators with separate active defrost cycles, and (5) updating the industry standard reference to the 2008 version of HRF–1, ‘‘Energy and Internal Volume of Refrigerating Appliances’’ (‘‘HRF–1– 2008’’). Lastly, the December 2010 Final Rule and Interim Final Rule addressed icemaking energy use by including a fixed energy use adder for those products equipped with an automatic icemaker. Using available data submitted by stakeholders, this value was set at 84 kilowatt-hours (‘‘kWh’’) per year. Id. On January 25, 2012, DOE finalized the test procedures established in the December 2010 Final Rule and Interim Final Rule and required use of the new test procedures at Appendix A and Appendix B for certifying basic models as compliant with the energy conservation standards starting on September 15, 2014. 77 FR 3559. On July 10, 2013, DOE proposed further amending the consumer refrigerator and refrigerator-freezer test procedure to address products with multiple compressors and to allow an alternative method for measuring and calculating energy consumption for refrigerator-freezers and refrigerators with freezer compartments. 78 FR 41610 (the ‘‘July 2013 NOPR’’). DOE also proposed to amend certain aspects of the consumer refrigerator, refrigeratorfreezer, and freezer test procedures to ensure better accuracy and repeatability. Additionally, DOE solicited comment on a proposed automatic icemaker test procedure and on whether built-in products should be tested in a built-in configuration. Id. In response to the July 2013 NOPR, interested parties requested that DOE grant more time to respond to the proposal for measuring energy use associated with icemaking and to DOE’s request for comment regarding testing of built-in products in a built-in configuration. DOE granted the comment period extension request for these two topics. 78 FR 53374 (Aug. 29, 2013). On April 21, 2014, DOE published a final rule for the refrigerator, refrigerator-freezer, and freezer test procedures (the ‘‘April 2014 Final Rule’’). 79 FR 22320. The amendments enacted by the April 2014 Final Rule addressed products with multiple compressors and established an E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules alternative method for measuring and calculating energy consumption for refrigerator-freezers and refrigerators with freezer compartments. The April 2014 Final Rule also amended certain aspects of the test procedures to improve test accuracy and repeatability. To allow additional time to review comments and data received during the comment period extension, DOE did not address automatic icemaking energy use or built-in testing configuration in the April 2014 Final Rule. Id. On July 18, 2016, DOE published a final rule (the ‘‘July 2016 Final Rule’’) that established coverage and test procedures for MREFs.6 81 FR 46768. Included within this category are refrigeration products that include one or more compartments that maintain higher temperatures than typical refrigerator compartments, such as wine chillers and beverage coolers. Additionally, the July 2016 Final Rule amended Appendix A and Appendix B to include provisions for testing MREFs 70845 and to improve the clarity of certain existing test requirements. Id. On June 30, 2017, DOE published a request for information (the ‘‘June 2017 RFI’’) to initiate a data collection process to inform DOE’s decision on whether to amend its test procedures in Appendix A and Appendix B. 82 FR 29780. DOE received seven comments in response to the June 2017 RFI from the interested parties listed in Table I– I. TABLE I–I—JUNE 2017 RFI WRITTEN COMMENTS Organization(s) Reference in this NOPR Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, Northeast Energy Efficiency Partnerships, Alliance to Save Energy, Natural Resources Defense Council, Northwest Energy Efficiency Alliance. Association of Home Appliance Manufacturers ........................................................................... BSH Home Appliances Corporation ............................................................................................. Felix Storch, Inc. ........................................................................................................................... Samsung Electronics America ..................................................................................................... Sub Zero Group, Inc. .................................................................................................................... Whirlpool Corporation ................................................................................................................... Joint Commenters ....... Efficiency Organizations AHAM .......................... BSH ............................. FSI .............................. Samsung ..................... Sub Zero ..................... Whirlpool ..................... Trade Association Manufacturer Manufacturer Manufacturer Manufacturer Manufacturer In this NOPR, DOE proposes a number of changes to the current test procedures for consumer refrigeration products. DOE has tentatively determined that two of the proposed amendments would alter the measured efficiency of certain consumer refrigeration products. The proposal to amend the energy adder for products with automatic icemakers would alter the energy use of certain consumer refrigeration products as determined under the test procedure and would provide more representative energy use measurements for those products with automatic icemakers. As a result, in accordance with 42 U.S.C. 6293(e)(2), DOE proposes to amend the energy conservation standards for these products. Manufacturers would be required to comply with these amended standards one year after publication of a final rule incorporating these amendments. Correspondingly, use of the test procedure provisions that incorporate the updated icemaker energy adder would be required one year after publication of any final rule incorporating these amendments. During the one-year compliance leadtime period, manufacturers would be required to use the test procedure provisions that incorporate the current icemaker adder. DOE is proposing to provide separate sections within Appendix A and Appendix B to include both the current icemaker energy adder and the updated value. Additionally, the proposal to test demand-response capable products 8 with the communication module off may reduce the measured energy consumption for certain products. However, DOE is not proposing to amend the energy conservation standards for these products based on this proposed test procedure change as discussed in section III.H.2 of this document. DOE has also tentatively determined that the proposed test procedure would not be unduly burdensome to conduct. Specifically, as discussed in this document, DOE is proposing to: • Establish a compartment definition that is consistent with the industry term; • Update references to the relevant industry standard (HRF–1) to the sections of the current version; • Update the fixed value used to represent the energy use of automatic icemakers; • Amend the energy conservation standards for consumer refrigeration products with automatic ice makers in accordance with 42 U.S.C. 6293(e)(2); • Provide additional detail on the test set-up regarding thermocouple placement, vented test chamber floors, and units with external controls; • Provide additional detail on test conditions regarding maintenance and measurement of the vertical ambient temperature gradient, the use of data during the stabilization period, and the stabilization of units with multiple compressors; • Require testing demand-response capable units with the communication module off; and • Reinsert an inadvertently omitted method for calculating the average percycle energy consumption of refrigerators and refrigerator-freezers, and other corrections. 6 As part of the rulemaking process to establish the scope of coverage, definitions, test procedures, and corresponding energy conservation standards for MREFs, DOE established an Appliance Standards and Rulemaking Federal Advisory Committee negotiated rulemaking working group (the ‘‘MREF Working Group’’). See, 80 FR 17355 (April 1, 2015). 7 Comments received not related to the proposals in this NOPR will be considered and addressed as appropriate should DOE undertake additional rulemakings. 8 ‘‘Demand response’’ capability refers to product functionality that can be controlled, via signals from the electrical distribution grid, to improve the overall operation of the electrical grid; for example, by reducing energy consumption during peak periods and/or shifting power consumption to offpeak periods. DOE has considered the comments and information submitted by these interested parties in determining the proposals included in this NOPR. Summaries of the comments related to the proposals included in this NOPR submitted by interested parties and DOE’s responses are included in the relevant sections of this proposed rule.7 II. Synopsis of the Notice of Proposed Rulemaking lotter on DSKBCFDHB2PROD with PROPOSALS4 Organization type VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\23DEP4.SGM 23DEP4 70846 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules DOE’s proposed actions are summarized in Table II–I and addressed in detail in section III of this proposed rule. TABLE II–I—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE Current DOE test procedure Proposed test procedure No definition for term ‘‘compartment’’ ............................... Incorporates by reference (IBR) AHAM HRF–1–2008 ..... Defines ‘‘compartment’’ consistent with AS/NZS 4474.1:2007. Updates IBR to AHAM HRF–1–2016 ............................. Energy use adder for automatic icemakers of 84 kWh/ year. Updates energy use adder for automatic icemakers to 28 kWh/year. Does not explicitly specify the setup for test chamber floors that have vents for airflow. Provides consistent specifications for test platform and floor requirements. Does not specify test setup for products with controls external to the cabinet. Does not explicitly specify timing of required temperature range conditions and thermocouple placement in certain product configurations. Specified time and temperature conditions may not apply to certain products with irregular compressor cycling or multiple compressors. Requires a separate stabilization and test period when conducting all energy tests. Specifies test setup for products with controls external to the cabinet. Provides additional timing and thermocouple placement specifications. Requires testing demand-response function communication modules in the as-shipped configuration. Inadvertently omits optional method for calculating average per-cycle energy consumption of refrigerators and refrigerator-freezers. Requires testing demand-response function communication modules in the off configuration. Reinstates method and makes other non-substantive corrections. In this NOPR, DOE also requests feedback on additional topics for which it is not proposing test procedure amendments at this time, including: Built-in product test configuration, door-in-door features, display screens, and connected functions (other than for demand-response capable products). Additionally, DOE requests feedback on any topics not specifically addressed in this NOPR. lotter on DSKBCFDHB2PROD with PROPOSALS4 III. Discussion A. Scope of Applicability The proposed amendments in this document apply to products that meet the definition for ‘‘consumer refrigeration product,’’ as codified in 10 CFR 430.2. Consumer refrigeration products generally refer to cabinets used with one or more doors that are capable of maintaining temperatures colder than the ambient temperature. While these products are typically used for the storage and freezing of food or beverages, the definitions do not require that the products be designed or marketed for that purpose. The definitions only require that the product be capable of maintaining compartment temperatures within certain ranges, regardless of use. 10 CFR 430.2. Consumer refrigeration products include consumer refrigerators, refrigerator-freezers, freezers, and MREFs. Because of the similarities VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 Allows measuring average temperatures over multiple compressor cycles or for a given time period to determine stable operation. Allows test period to serve as stabilization period when conducting certain energy tests. between consumer refrigerators, refrigerator-freezers, and MREFs, the test procedures for these products are all included in Appendix A. As a result, any amendments to Appendix A would be applicable to testing for each of these product categories. Section III.K of this document discusses the extent to which the proposed amendments, if finalized, would alter the measured energy consumption of consumer refrigeration products as compared to the existing Federal test procedures. The amendments proposed in this NOPR would not change the scope of applicability of the test procedure. B. Compartment Definitions Although the term ‘‘compartment’’ is used throughout the DOE test procedures in Appendix A and Appendix B, it is not defined. The DOE test procedures use 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). PO 00000 Attribution Frm 00006 Fmt 4701 Sfmt 4702 Adopt industry standard. Harmonize with industry standard update. Provide more representative measure of average use cycle. Improves representativeness, repeatability, and reproducibility. Address current waiver Improves repeatability and reproducibility. Address current waiver. Reduce test burden while maintaining representative results. Address representative average use. Correction. The MREF Working Group 9 considered the issue of a compartment definition in its discussions. Working Group members indicated that 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 9 After reviewing the comments received in response to the NOPR published ahead of the July 2016 Final Rule, and in response to the preliminary analysis conducted for potential MREF energy conservation standards, DOE determined that its efforts 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. 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. On August 11, 2015, the MREF Working Group reached consensus on a term sheet (Term Sheet #1) that recommended the relevant scope of coverage, definitions, and test procedures for MREFs. See public docket EERE–2011–BT– STD–0043–0113. E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules introduce confusion. Accordingly, the MREF Working Group recommendation did not include a ‘‘compartment’’ definition and suggested that DOE address this issue in a future rulemaking for refrigerator, refrigerator-freezer, and freezer test procedures.10 In the July 2016 Final Rule, consistent with the MREF Working Group recommendation, DOE did not amend Appendix A or Appendix B to include a definition for the term ‘‘compartment.’’ 81 FR 46768, 46779 (July 18, 2016). In the June 2017 RFI, DOE requested comment on the issue of defining the term ‘‘compartment’’ in Appendix A and Appendix B. 82 FR 29784. AHAM commented that it has previously suggested that DOE define the term ‘‘compartment’ consistent with Australian/New Zealand Standard 4474.1:2007, ‘‘Performance of household electrical appliances— Refrigerating appliances, Part 1: Energy consumption and performance’’ (AS/ NZS 4474.1:2007) 11 and use the term consistently throughout the test procedures, but that this undertaking is a complex one and requires a review of the entire test procedure. In addition, AHAM noted that the definition could reclassify certain compartments and would likely impact measured energy use. AHAM stated that this is one of the items it will review as part of its HRF– 1 task force; accordingly, there is no need for DOE to duplicate those efforts. AHAM requested that DOE review the completed HRF–1 update as a reference for the ‘‘compartment’’ definition. (AHAM, No. 5 at pp. 9–10) Sub Zero also commented that the ‘‘compartment’’ definition should be addressed in the HRF–1 update to avoid DOE and industry duplicating efforts. (Sub Zero, No. 4 at pp. 2–3) As recommended by the MREF Working Group, and as previously supported by AHAM, DOE is proposing to include a definition for ‘‘compartment’’ consistent with AS/NZS 4474.1:2007, but adapted to use the appropriate DOE terminology for certain terms within the definition. AS/NZS 4474.1:2007 defines compartment as ‘‘an enclosed space within a refrigerating appliance, which is directly accessible through one or more external doors. A compartment may contain one or more sub-compartments and one or more convenience features.’’ 10 See Term Sheet #1, which recommended the relevant scope of coverage, definitions, and test procedures for MREFs, available in public docket EERE–2011–BT–STD–0043–0113. 11 Available online at https:// infostore.saiglobal.com/en-us/Standards/AS-NZS44741-2007-383878/. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 DOE is proposing to define compartment as ‘‘an enclosed space within a consumer refrigeration product that is directly accessible through one or more external doors and may be divided into sub-compartments.’’ Based on this proposal, compartments would be treated in the same way as under the current test procedure. Accordingly, DOE does not expect that any compartments would be reclassified and the proposed definition would not impact measured energy consumption. Additionally, to provide further understanding of the proposed definition for ‘‘compartment,’’ DOE is proposing to define ‘‘sub-compartment’’ as an enclosed space within a compartment that may have a different operating temperature from the compartment within which it is located. This definition, coupled with the new definition for ‘‘compartment,’’ would remove the need to separately define ‘‘separate auxiliary compartment’’ and ‘‘special compartment’’ because these terms are redundant with the proposed compartment definitions. Use of the proposed terms ‘‘compartment’’ and ‘‘sub-compartment’’ would not change how compartments currently defined as ‘‘separate auxiliary compartment’’ and ‘‘special compartment’’ would be treated under the existing test procedure instructions. Therefore, DOE is proposing to remove the terms ‘‘separate auxiliary compartment’’ and ‘‘special compartment’’ from Appendix A and Appendix B and replace them with compartment or sub-compartment as appropriate. DOE requests comment on its proposal to establish definitions for ‘‘compartment’’ and ‘‘sub-compartment’’ in Appendix A and Appendix B. C. AHAM HRF–1 Standard As discussed in section I.B of this document, Appendix A and Appendix B incorporate by reference the AHAM industry standard HRF–1–2008. DOE references HRF–1–2008 for definitions, installation and operating conditions, temperature measurements, and volume measurements. In August 2016, AHAM released an updated version of the HRF– 1 standard, HRF–1–2016. In the June 2017 RFI, DOE stated that based on review of HRF–1–2016, the majority of the updates from the 2008 standard were clarifications or other revisions to harmonize with DOE’s test procedures. DOE requested comment on whether Appendix A and Appendix B should incorporate by reference the newer version of HRF–1 and whether the revisions between the two versions of HRF–1 would substantively affect any PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 70847 of the test requirements in Appendix A and Appendix B. 82 FR 29785. AHAM, BSH, and Sub Zero commented in support of DOE incorporating HRF–1–2016 by reference because the 2016 version is intended to harmonize with the current DOE test procedure, and therefore would not change the DOE test procedure. (AHAM, No. 5 at p. 11; BSH, No. 2 at p. 2; Sub Zero, No. 4 at p. 3) AHAM also stated that it is currently revising AHAM HRF– 1–2016, and DOE should not duplicate those efforts. AHAM recommended that DOE instead participate in the HRF–1 task force to discuss potential changes to the test procedure. (AHAM, No. 5 at p. 2) As noted in comments from interested parties, the updates included in HRF–1– 2016 harmonize with the current DOE test procedure. This includes updates to definitions, test requirements, formatting, and organization that are consistent with DOE’s requirements. Therefore, DOE is proposing to incorporate by reference HRF–1–2016 in Appendix A and Appendix B. As indicated in the comments from interested parties, DOE does not expect that updating its references to HRF–1– 2016 would substantively affect the existing test procedures in Appendix A and Appendix B. DOE is not proposing to require the use of HRF–1–2016 in its entirety. Certain of the updates made in HRF–1–2016 to harmonize with DOE are now out of date; for example, the product definitions included in HRF–1– 2016 are harmonized with the DOE definitions included in 10 CFR 430.2 at the time HRF–1–2016 was published, but do not reflect the recent amendments made in the July 2016 Final Rule (e.g., those related to MREFs). Furthermore, HRF–1–2016 covers only compressor-driven products, whereas the DOE test procedure applies to all consumer refrigeration products, including those with non-compressor refrigeration systems. As stated in the AHAM comment, the AHAM task force is working to revise HRF–1–2016. (AHAM, No. 5 at p. 2) AHAM has recently released a draft of an updated HRF–1–2019 for public review.12 Based on a review of the draft for public review, the in-progress updates to HRF–1 are generally consistent with the proposals included in this NOPR. However, because the current version available from AHAM is a draft for public review and not available for distribution, DOE is not 12 The draft revision for review is available at http://www.aham.org/AHAM/Standard_Chart_ Page.aspx (accessed June 5, 2019). E:\FR\FM\23DEP4.SGM 23DEP4 70848 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules proposing to incorporate by reference this initial draft version of the standard. DOE would consider incorporating by reference the updated HRF–1 standard in its entirety when it is available for public distribution. DOE requests feedback on its proposal to incorporate by reference the most current version of HRF–1, HRF–1–2016, rather than HRF–1–2008. DOE also requests feedback on a potential updated reference to HRF–1–2019 based on the public draft currently available for review. DOE also requests feedback on whether any of the differences between HRF–1–2008 and HRF–1–2016 (or HRF–1–2019) would substantively affect the requirements currently incorporated by reference in Appendix A and Appendix B—and if so, how. D. Icemaking Energy Consumption lotter on DSKBCFDHB2PROD with PROPOSALS4 In 2010, DOE initiated a test procedure rulemaking to address a variety of test procedure-related issues, including energy use associated with automatic icemaking. On May 27, 2010, DOE published a NOPR (the ‘‘May 2010 NOPR’’) proposing to use a fixed value of 84 kWh per year to represent the energy use associated with automatic icemaking. 75 FR 29824. The May 2010 NOPR also indicated that DOE would consider adopting an approach based on testing to determine icemaking energy use if a suitable test procedure could be developed. Id. at 29846–29847. A broad group of interested parties submitted a consensus recommendation comment supporting DOE’s proposal to use a fixed value to represent the energy use of automatic icemakers, and requesting that DOE subsequently initiate a rulemaking to amend the test procedures to incorporate a laboratorybased measurement of icemaking energy use. (Test Procedure for Refrigerators, Refrigerator-Freezers, and Freezers, Docket Number EERE–2009–BT–TP– 0003; Consensus Recommendation,13 No. 20 at pp. 5–6) As noted, DOE adopted a fixed energy use adder for those products equipped with an automatic icemaker. 75 FR 78810. 13 The ‘‘Consensus Recommendation’’ was submitted by AHAM and the American Council for an Energy-Efficient Economy, on behalf of: Whirlpool, General Electric, Electrolux, LG Electronics, BSH, Alliance Laundry, Viking Range, Sub-Zero Wolf, Friedrich A/C, U-Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik, Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, DeLonghi, Appliance Standards Awareness Project, Natural Resources Defense Council, Alliance to Save Energy, Alliance for Water Efficiency, Northwest Power and Conservation Council, Northeast Energy Efficiency Partnerships, Consumer Federation of America, and the National Consumer Law Center. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 In January 2012, AHAM provided DOE with a draft test procedure for measuring automatic icemaker energy usage. (AHAM Refrigerator, RefrigeratorFreezer and Freezer Ice Making Energy Test Procedure, Revision 1.0—12/14/11, No. 4) 14 AHAM then submitted a revised automatic icemaker test procedure on July 18, 2012. (AHAM Refrigerator, Refrigerator-Freezer and Freezer Ice Making Energy Test Procedure, Revision 2.0—7/10/12, No. 5) 15 In the subsequent July 2013 NOPR, as mentioned in section I.B of this document, DOE proposed a method for measuring the energy usage associated with automatic icemaking based on the revised approach submitted by AHAM. 78 FR 41610, 41618–41629. In response to the July 2013 NOPR, AHAM submitted comments to DOE requesting that DOE grant its members more time to respond to the automatic icemaker testing proposal, which DOE granted. 78 FR 53374 (Aug. 29, 2013). In the April 2014 Final Rule, DOE maintained the fixed adder approach and stated that it would review comments received during the comment period extension to address the icemaking test procedure issue in a future notice. See 79 FR 22320, 22341–22342. Multiple interested parties supported the development and adoption of a test procedure that measures the energy use of automatic icemakers. These commenters presented a number of reasons that they stated justified a laboratory-based icemaker energy test procedure, including: (1) A direct laboratory test would be more accurate and representative of actual icemaking energy use, and (2) the fixed adder approach would not reward improvements in icemaking efficiency or provide incentives to reduce icemaker energy consumption. (BSH, 2012 TP Rulemaking No. 21 at p. 1; 16 Joint Commenters,17 2012 TP 14 Document No. 4 in Docket No. EERE–2012– BT–TP–0016, available for review at https:// www.regulations.gov. 15 Document No. 5 in Docket No. EERE–2012– BT–TP–0016, available for review at https:// www.regulations.gov. 16 A notation in the form ‘‘BSH, 2012 TP Rulemaking No. 21 at p. 1’’ identifies a written comment: (1) Made by BSH Home Appliances Corporation; (2) recorded in document number 21 that is filed in the docket of the test procedure rulemaking (Docket No. EERE–2012–BT–TP–0016) and available for review at https:// www.regulations.gov; and (3) which appears on page 1 of document number 21. 17 ‘‘Joint Commenters’’ refers to the Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, Consumer Federation of America, National Consumer Law Center, and Natural Resources Defense Council. PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 Rulemaking No. 42 at pp. 1–5; Samsung, 2012 TP Rulemaking No. 39 at p. 2) Other interested parties supported the existing fixed adder approach, stating that the proposed icemaking test procedure would create a significant test burden and that there are limited opportunities to reduce icemaking energy consumption. (AHAM, 2012 TP Rulemaking No. 37 at p. 2–5; GE Appliances (‘‘GE’’), 2012 TP Rulemaking No. 40 at p. 5; Sub Zero, 2012 TP Rulemaking No. 36 at p. 2) Further, DOE received data indicating that consumers likely use less ice than assumed in calculating the 84 kWh per year adder. The Northwest Energy Efficiency Alliance (‘‘NEEA’’) and Northwest Power & Conservation Council (‘‘NPCC’’) conducted field research to assess the existing icemaking adder of 84 kWh per year. Their results showed average daily ice consumption of 0.83 pounds per day (‘‘lbs/day’’) for through-the-door service models and 0.61 lbs/day for in-freezer models. NEEA and NPCC stated that this field research shows that the earlier estimate of 1.8 lbs/day (the basis for the 84 kWh per year adder) is significantly overestimated. NEEA and NPCC also stated that the distribution of annual icemaking cycles is skewed toward the lower end of the range, with the average being impacted by a relatively small number of frequent ice users; accordingly, NEEA and NPCC commented that median usage values of 0.63 lbs/day and 0.49 lbs/day for through-the-door and in-freezer models, respectively, would be more representative of typical use. (NEEA and NPCC, 2012 TP Rulemaking No. 41 at p. 2) Similarly, a GE study on approximately 4,900 units found average ice consumption of 0.83 lbs/ day, with a median consumption of 0.59 lbs/day. GE and AHAM both supported a revised fixed icemaking energy consumption adder of 28 kWh per year, based on the median usage rate of 0.59 lbs/day. (AHAM, 2012 TP Rulemaking No. 37 at p. 6; GE, 2012 TP Rulemaking No. 40 at pp. 3–4) AHAM further commented that it would oppose any adder greater than 36 kWh per year, corresponding to the average daily ice use of 0.76 lbs/day from the NEEA and NPCC studies. (AHAM, 2012 TP Rulemaking No. 37 at p. 6) In the June 2017 RFI, DOE again requested comment on how its test procedures should account for automatic icemaking energy consumption and on the availability of any additional consumer use data. 82 FR 29782–29783. E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules AHAM recommended that DOE adopt a permanent adder of 28 kWh per year for icemaker energy use. AHAM reiterated its 2014 comments, which indicated that the current understanding of consumer ice consumption rates supports a lower ice consumption than previously estimated. (AHAM, No. 5 at pp. 2–3) AHAM also noted that 28 kWh per year may even be an overestimate because it accounts for converting 90 °F water into ice. (AHAM, No. 5 at p. 3) Samsung noted that it had previously commented in support of measuring automatic icemaker energy consumption, but that was based on the fixed adder of 84 kWh per year. With more current ice usage data corresponding to a fixed adder of 28 kWh per year, the Samsung stated that the potential for energy savings is only around 2 percent and measuring icemaker energy use would not be appropriate, and instead supported a revised fixed adder of 28 kWh per year. (Samsung, No. 8 at p. 2) BSH also commented that more recent consumer use data indicates lower rates of ice consumption than assumed to develop the current 84 kWh per year adder. BSH stated that the lower ice consumption rate corresponds to 28 kWh per year, over half of which is the latent energy required for the phase change to make ice, so less than half of the energy use is the result of the automatic icemaker, and does not warrant any testing. Therefore, BSH supported revising the adder from 84 kWh per year to 28 kWh per year. (BSH, No. 2 at pp. 1–2) AHAM also commented that an icemaker energy test would significantly increase burden without a corresponding benefit to the representativeness or accuracy of the test procedure. (AHAM, No. 5 at p. 2) AHAM stated that an icemaker energy test would increase burden by 50 percent to account for only 2.5 to 4.5 percent of a product’s energy use. (AHAM, No. 5 at p. 4) BSH commented that an icemaker test is very burdensome and would more than double the amount of time required to test the appliance, and therefore opposed an energy test for icemaking. (BSH, No. 2 at p. 2) FSI strongly supports the use of, or option to use, a placeholder value for icemaker installation because it stated that a test for automatic icemaking would be beyond the capabilities of smaller laboratories (meeting supply water conditions) and would significantly increase the costs for outside test laboratories. (FSI, No. 6 at pp. 1–2) Samsung also stated that because of the additional test burden and uncertainty VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 in an icemaking measurement, it no longer believes that a measurement is appropriate and supports a revised fixed adder of 28 kWh per year. (Samsung, No. 8 at p. 2) Sub Zero referred to AHAM’s estimate that half of icemaker energy use is the thermodynamic energy needed to freeze water, and therefore only 14 kWh per year is attributed to the automatic icemaker. Sub Zero commented that any feasible improvements to the icemaker would save a homeowner well less than a dollar per year, which is not worth the burden and cost of icemaker testing. (Sub Zero, No. 4 at p. 2) The Joint Commenters commented that a test to measure actual icemaker energy use is the most appropriate approach to account for icemaker energy use. They stated that measured energy use is superior to the fixed adder approach currently in use not only because it provides consumers with more accurate information on the energy use associated with icemaking, but it provides manufacturers with an incentive to improve icemaker energy efficiency and drive reductions in total refrigerator energy consumption. (Joint Commenters, No. 7 at p. 3) The Joint Commenters noted that testing of 10 icemakers conducted by DOE and the National Institute of Standards and Technology (‘‘NIST’’) found that some icemakers use up to twice as much energy per pound of ice produced as others and that differences in energy use were significant even among similar refrigerator models. They continued to urge DOE to investigate a method to measure icemaker energy use without adding undue additional test burden. (Joint Commenters, No. 7 at p. 3) The Joint Commenters further commented that if the fixed adder approach is retained for icemaker energy use, DOE should evaluate available data to determine a more appropriate value for the adder. They referred to field data from NEEA and one manufacturer suggesting that average ice production is closer to 0.8 lbs/day rather than 1.8 lbs/ day, and to testing by DOE and NIST that found icemaker energy use ranging from 0.092 to 0.192 kWh per pound, or 27 to 56 kWh per year assuming an ice production rate of 0.8 lbs/day. The Joint Commenters stated that, given the small number of products tested, the range of energy use could be much larger and demonstrates the difficulty in establishing a single fixed adder value. (Joint Commenters, No. 7 at p. 4) DOE agrees that the more recent consumer use data suggest that typical daily ice consumption is lower than previously estimated. Consistent with the recommendations from interested PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 70849 parties during the previous test procedure rulemaking and in response to the June 2017 RFI, DOE has initially determined that the median ice consumption value of 0.59 lbs/day is representative of typical consumer use. DOE initially considered a test procedure for icemaking energy consumption to better represent the energy consumption of units in the field and to incentivize manufacturers to improve efficiencies of automatic icemakers. However, based on a lower value of daily ice consumption as identified through data submitted by commenters, the overall energy consumption associated with icemaking in actual operation appears much lower than estimated for the current fixed adder. As a result, icemaker efficiency would have a much lower impact on a unit’s overall energy consumption, and DOE expects that manufacturers would have even less incentive to pursue efficiency improvements through icemaker performance. A laboratory-based icemaker test may allow for a more representative estimate of icemaking energy consumption for a given model, which could in some instances provide incentives for manufacturers to improve icemaking efficiency. However, DOE agrees with the comments from interested parties estimating that incorporation of an icemaking energy test procedure would increase testing time by 50 percent. Based on testing cost estimates provided in response to the June 2017 RFI, this would equate to a cost increase of $2,500 per test as compared to the current test procedure.18 At ice consumption levels reported by NEEA and NPCC and GE, the benefits of a laboratory-based test procedure would likely not outweigh the burdens associated with this testing. Therefore, DOE is proposing to continue using the fixed adder approach, rather than a laboratory-based test method, to account for automatic icemaker energy consumption, with a revised value of 28 kWh per year (through an adder of 0.0767 kW in the per-day energy use calculations). DOE continues to request comment on whether the proposed fixed adder of 28 kWh per year is appropriate and on any additional consumer use data regarding automatic icemakers. DOE is aware of products available on the market with two automatic icemakers. Typically, these products are certified as product class 5A (automatic defrost refrigerator-freezers with bottom18 The total cost per test is based on FSI’s comment stating between $4,500 and $5,000 per refrigerator test conducted at outside laboratories. (FSI, No. 6 at p. 1) E:\FR\FM\23DEP4.SGM 23DEP4 70850 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules mounted freezers and through-the-door ice service) with an icemaker in the freezer compartment and another contained in the through-the-door ice service in the fresh food compartment. The refrigerator-based icemaker provides access for frequent throughthe-door ice service, while the freezerbased icemaker provides an in-freezer storage container for infrequent bulk ice use. In the June 2017 RFI, DOE requested comment on how its test procedures should address products with multiple automatic icemakers. 82 FR 29783. AHAM commented that consumer ice consumption rates likely do not change based on the number of automatic icemakers their product has because the second icemaker is typically used on occasions such as a party or to fill a cooler, which would likely be true for a consumer with one icemaker on those occasions. AHAM stated that the second icemaker is a matter of convenience rather than increased production, and therefore proposed applying the same fixed adder of 28 kWh per year for these products. (AHAM, No. 5 at p. 5) Upon further consideration, including AHAM’s comment, DOE understands that consumers with dual-icemaker products are not likely to use more ice than consumers with single-icemaker products. DOE is proposing that the same fixed adder would apply for any products with automatic icemaking, regardless of the number of icemakers in the product. DOE requests comment on this proposal and feedback regarding any available consumer use data for products with multiple automatic icemakers. In response to the June 2017 RFI, AHAM also commented that DOE should not immediately require manufacturers to use the revised fixed adder. Instead, AHAM stated that DOE should wait until the compliance date of the next potentially amended standards, otherwise, manufacturers would have to re-certify and re-label their products. (AHAM, No. 5 at pp. 4–5) DOE acknowledges AHAM’s comment regarding the burden of re-certifying and re-labeling their products. However, as DOE has tentatively determined that the revised energy adder would more accurately measure energy use during a representative average use cycle, DOE is required to include the revised energy adder in the amended test procedure. (42 U.S.C. 6293(b)(1)(A)) Additionally, having tentatively determined that the revised energy adder will alter the measured energy use of consumer refrigeration products with automatic icemakers as determined under the existing test procedure, DOE is required to amend the energy conservation standards for these products during this test procedure rulemaking. (42 U.S.C. 6293(e)(2)) In determining the amended energy conservation standard, DOE must measure, pursuant to the amended test procedure, the energy use of a representative sample of these consumer refrigeration products with automatic icemakers that minimally comply with the existing standard. The average of such energy use under the amended test procedure then must constitute the amended energy conservation standard for the applicable covered products. Id. In this case, as DOE is proposing to reduce the energy adder for automatic icemakers by 56 kWh per year (the difference between the current value of 84 kWh per year and the proposed value of 28 kWh per year), the measured energy use of minimally-compliant products will also decrease by 56 kWh per year. As such, DOE is proposing to amend the energy conservation standards for consumer refrigeration products with automatic icemakers to reflect a reduction of 56 kWh per year in the equation for maximum energy use. Further, in order to reduce the burden on manufacturers of re-certifying and re-labeling their products, DOE is proposing a one-year lead-time period before any amended standards would go into effect. Table III–I and Table III–II include the current and proposed amended energy conservation standards for the product classes with automatic icemakers. TABLE III–I—PROPOSED AMENDED ENERGY CONSERVATION STANDARDS FOR CONSUMER REFRIGERATOR, REFRIGERATOR-FREEZER, AND FREEZER PRODUCT CLASSES WITH AUTOMATIC ICEMAKERS Current equations for maximum energy use (kWh/yr) Product class lotter on DSKBCFDHB2PROD with PROPOSALS4 Based on AV (ft3) 3I. Refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker without through-the-door ice service .......................................................................................... 3I–BI. Built-in refrigerator-freezers—automatic defrost with topmounted freezer with an automatic icemaker without throughthe-door ice service ...................................................................... 4I. Refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker without through-the-door ice service .......................................................................................... 4I–BI. Built-In Refrigerator-freezers—automatic defrost with sidemounted freezer with an automatic icemaker without throughthe-door ice service ...................................................................... 5I. Refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker without through-the-door ice service .......................................................................................... 5I–BI. Built-In Refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker without through-the-door ice service ........................................................ 5A. Refrigerator-freezer—automatic defrost with bottom-mounted freezer with through-the-door ice service .................................... 5A–BI. Built-in refrigerator-freezer—automatic defrost with bottommounted freezer with through-the-door ice service ..................... 6. Refrigerator-freezers—automatic defrost with top-mounted freezer with through-the-door ice service .................................... VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00010 Based on av (L) Proposed equations for maximum energy use (kWh/yr) Based on AV (ft3) Based on av (L) 8.07AV + 317.7 0.285av + 317.7 8.07AV + 261.7 0.285av + 261.7 9.15AV + 348.9 0.323av + 348.9 9.15AV + 292.9 0.323av + 292.9 8.51AV + 381.8 0.301av + 381.8 8.51AV + 325.8 0.301av + 325.8 10.22AV + 441.4 0.361av + 441.4 10.22AV + 385.4 0.361av + 385.4 8.85AV + 401.0 0.312av + 401.0 8.85AV + 345.0 0.312av + 345.0 9.40AV + 420.9 0.332av + 420.9 9.40AV + 364.9 0.332av + 364.9 9.25AV + 475.4 0.327av + 475.4 9.25AV + 419.4 0.327av + 419.4 9.83AV + 499.9 0.347av + 499.9 9.83AV + 443.9 0.347av + 443.9 8.40AV + 385.4 0.297av + 385.4 8.40AV + 329.4 0.297av + 329.4 Fmt 4701 Sfmt 4702 E:\FR\FM\23DEP4.SGM 23DEP4 70851 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules TABLE III–I—PROPOSED AMENDED ENERGY CONSERVATION STANDARDS FOR CONSUMER REFRIGERATOR, REFRIGERATOR-FREEZER, AND FREEZER PRODUCT CLASSES WITH AUTOMATIC ICEMAKERS—Continued Current equations for maximum energy use (kWh/yr) Product class Based on av (L) Based on AV (ft3) 7. Refrigerator-freezers—automatic defrost with side-mounted freezer with through-the-door ice service .................................... 7–BI. Built-In Refrigerator-freezers—automatic defrost with sidemounted freezer with through-the-door ice service ..................... 9I. Upright freezers with automatic defrost with an automatic icemaker ........................................................................................... 9I–BI. Built-in upright freezers with automatic defrost with an automatic icemaker ............................................................................. 13I. Compact refrigerator-freezers—automatic defrost with topmounted freezer with an automatic icemaker .............................. 14I. Compact refrigerator-freezers—automatic defrost with sidemounted freezer with an automatic icemaker .............................. 15I. Compact refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker ....................... Proposed equations for maximum energy use (kWh/yr) Based on AV (ft3) Based on av (L) 8.54AV + 432.8 0.302av + 432.8 8.54AV + 376.8 0.302av + 376.8 10.25AV + 502.6 0.362av + 502.6 10.25AV + 446.6 0.362av + 446.6 8.62AV + 312.3 0.305av + 312.3 8.62AV + 256.3 0.305av + 256.3 9.86AV + 344.9 0.348av + 344.9 9.86AV + 288.9 0.348av + 288.9 11.80AV + 423.2 0.417av + 423.2 11.80AV + 376.2 0.417av + 376.2 6.82AV + 540.9 0.241av + 540.9 6.82AV + 484.9 0.241av + 484.9 11.80AV + 423.2 0.417av + 423.2 11.80AV + 367.2 0.417av + 367.2 TABLE III–II—PROPOSED AMENDED ENERGY CONSERVATION STANDARDS FOR PRODUCT CLASSES OF MISCELLANEOUS REFRIGERATION PRODUCTS WITH AUTOMATIC ICEMAKERS Product class C–9I. Cooler with upright freezer with automatic defrost with an automatic icemaker .................................. C–9I–BI. Built-in cooler with upright freezer with automatic defrost with an automatic icemaker .................. lotter on DSKBCFDHB2PROD with PROPOSALS4 E. Built-In Test Configuration Built-in consumer refrigeration products generally are products that (1) have unfinished sides that are not intended to be viewable after installation; (2) are designed exclusively to be installed totally encased by cabinetry, fastened to the adjoining cabinetry, walls, or floor; and (3) are either equipped with a factory-finished face or accept a custom front panel. 10 CFR 430.2. In the July 2013 NOPR, DOE presented data indicating that testing in a built-in enclosure may affect measured energy consumption for certain configurations of built-in products. 79 FR 41610, 41649–41650. Specifically, those products that reject condenser heat at the back of the unit showed a potential increase in energy use when tested in an enclosure. DOE observed no significant change in energy use associated with the test configuration for those products that reject heat from the front of the unit. DOE did not propose any changes to the test requirements for built-in products at that time, but requested comment on the appropriate test configuration for builtin refrigerators, refrigerator-freezers, and freezers. Id. DOE provided additional time to comment on the built-in testing issue prior to the April 2014 Final Rule, VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 but did not address the issue in that rule. In the rulemaking leading to the April 2014 Final Rule, DOE received multiple comments on testing for built-in products. Some commenters supported testing built-in products in an enclosure, stating that this would represent how the products are used in the field. (Joint Commenters, 2012 TP Rulemaking No. 42 at pp. 5–6; NEEA and NPCC, 2012 TP Rulemaking No. 41 at p. 4) Other interested parties opposed the enclosure test setup, stating that it would result in a significant increase in test burden with little or no corresponding change in measured energy consumption. These interested parties also stated that, for the products with different measured energy use between the freestanding and enclosure test setups (i.e., those products with heat rejection at the rear of the unit), the enclosure configuration that DOE used (based on Underwriters Laboratories (‘‘UL’’) Standard 250, ‘‘Household Refrigerators and Freezers’’ (‘‘UL 250’’)) was not necessarily consistent with manufacturer installation instructions. (AHAM, 2012 TP Rulemaking No. 37 at pp. 16–17; BSH, 2012 TP Rulemaking No. 21 at p. 1; Liebherr-Canada, Ltd. (‘‘Liebherr’’), 2012 TP Rulemaking No. 34 at pp. 1–4; Sub-Zero, 2012 TP PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 Current maximum AEU (kWh/yr) Proposed maximum AEU (kWh/yr) 5.58AV + 231.7 6.38AV + 252.8 5.58AV + 175.7 6.38AV + 196.8 Rulemaking No. 36 at p. 2) Liebherr provided additional test data indicating that units with rear condensers do not have significantly different measured energy consumption when tested without an enclosure compared to that when testing in an enclosure consistent with the manufacturer installation instructions. (Liebherr, 2012 TP Rulemaking No. 34 at pp. 1–4) In the June 2017 RFI, DOE requested further information on appropriate testing for built-in products, including energy impacts of testing in an enclosure, representativeness of test results compared to actual consumer use, test burden, and any potential alternative test approaches. 82 FR 29783–29784. AHAM stated that there is no value in requiring built-in testing for products that reject heat out the front of the unit because doing so would not increase the representativeness of the test. (AHAM, No. 5 at p. 5) FSI stated that it strongly supports the current procedure of testing built-in appliances in a freestanding configuration. (FSI, No. 6 at p. 2) AHAM commented that the UL 250 enclosure is not the most representative test for built-in products that reject heat from the back of the unit because it would not include proper venting according to the manufacturer E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 70852 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules installation instructions. AHAM noted that, when installed according to manufacturer instructions, these units would consume little or no additional energy when compared to the freestanding test. Therefore, AHAM opposed any revisions to the test procedure that would require testing built-in models in the built-in condition. (AHAM, No. 5 at pp. 5–6) BSH stated that its products discharge condenser air out the front of the product, and while there is some residual heat gain from an enclosure, it is minimal. BSH stated that the potential variation from misinterpretation of installation instructions is not worth the small amount of energy captured through an enclosure test procedure. (BSH, No. 2 at p. 2) Sub Zero commented that, based on decades of testing, it sees no need to test built-in products in enclosures. Sub Zero stated that it has more experience with built-in products than any other manufacturers, and for its products that exhaust air through the front of the product, there is no technical reason to expect a difference when testing with or without an enclosure. (Sub Zero, No. 4 at p. 2) BSH further commented that an enclosure for built-in products can lead to different interpretations and variations in the test because products can be installed in many different ways (e.g., side-by-side, with cabinets between the refrigerator and freezer, etc.), so installation instructions differ for the various applications. (BSH, No. 2 at p. 2) FSI stated that, unless instructions were followed precisely, reproducible results would be impossible because many units have specific installation instructions for ventilation. Additionally, FSI commented that if manufacturers must submit installation instructions to DOE, it would impose another reporting burden, and that preparing proper installation instructions may also be costly and difficult to reproduce for verification. (FSI, No. 6 at p. 2) AHAM commented that requiring enclosures for built-in testing would significantly increase burden without a corresponding benefit to the representativeness or accuracy of the test procedure. AHAM commented that the built-in test would make the test procedure unduly burdensome to conduct because there are so many different sizes of built-in units and so many customizable configurations that would require an excessive number enclosures. According to data AHAM collected from its members, it is possible that manufacturers could be required to have from three to 12 VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 different size enclosures in order to test built-in units. AHAM noted that manufacturers would need more than one of each of those sizes, for example, up to four, which means that manufacturers could be required to build and house 12 to 48 enclosures. AHAM stated that number would increase even further were the enclosure to be built according to the manufacturer’s installation instructions (as it would need to be for a representative measurement). Additionally, AHAM commented that third-party test laboratories would potentially need to have all of the possible enclosures available as well. AHAM noted that not only would there be an expense to create all of those enclosures, but neither manufacturer nor third-party laboratories have the capacity to store them, and the enclosure would increase test time to install units in a built-in configuration. (AHAM, No. 5 at p. 2, 6) BSH, FSI, and Sub Zero echoed AHAM’s comments, stating that an enclosure would make the test longer and more burdensome due to the different sizes of enclosures needed for the range of different size products available. (BSH, No. 2 at p. 2; FSI, No. 6 at p. 2; Sub Zero, No. 4 at p. 2) FSI further stated that the labor for a custom enclosure could add $1,000 or more to each energy test. (FSI, No. 6 at p. 2) The Joint Commenters stated that built-in products should be tested in an enclosure, regardless of their configuration or heat-rejection approach. They commented that testing of built-in products in a built-in condition, as they are installed in the field, will be more representative of field energy consumption than testing in a free-standing condition. They also stated that DOE should establish guidelines for the test enclosure that are consistent with general installation instructions for these products. (Joint Commenters, No. 7 at p. 4) DOE acknowledges that the test enclosures based on UL 250 are not consistent with all manufacturer instructions, which may provide for additional spacing and airflow pathways around the test unit to ensure adequate airflow across the condenser and heat transfer from the condenser to the ambient air. Accordingly, the test results presented in the July 2013 NOPR for the unit with a rear condenser when tested with an enclosure may not represent energy use when installed according to manufacturer instructions for all such units. Test results from the July 2013 NOPR indicate that the test configuration does not have a significant impact on PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 measured energy consumption when testing units that exhaust heat from the front of the unit. For units with rear condensers, test configuration appears to have no significant impact on measured energy consumption when tested in an enclosure consistent with manufacturer recommendations (according to additional data supplied by Liebherr in response to the July 2013 NOPR). Additionally, because of the variety of manufacturer installation instructions, a standardized test enclosure may not produce measurements of energy use representative of actual installations for all units with rear condensers. As such, DOE believes that testing with an enclosure would impose an unnecessary test burden on manufacturers and thirdparty test laboratories that would outweigh any corresponding improvement to measured energy consumption. DOE has tentatively determined that testing built-in units in enclosures consistent with the manufacturer installation instructions would have no significant difference compared to testing in a freestanding configuration. Therefore, DOE is not proposing to amend the current requirement that all units be tested in the freestanding configuration. However, because any test procedure that DOE adopts must be reasonable designed to produce results that measure energy use of the relevant product during a representative average use cycle or period of use, and must not be unduly burdensome to conduct, DOE welcomes further comment and additional data on this issue. Specifically, DOE requests any information on how built-in products are installed in the field (i.e., whether they are installed in accordance with manufacturers’ instructions) and on whether the built-in installation, as installed in the field, has any impact on energy consumption. F. Test Setup 1. Thermocouple Configuration for Freezer Drawers As discussed in section III.C of this document, Appendix A and Appendix B incorporate by reference portions of HRF–1–2008 for testing requirements. Section 5.5.5.5 of HRF–1–2008 includes figures specifying thermocouple placement for several example fresh food and freezer compartment configurations. HRF–1–2008 also notes that in situations where the interior of a cabinet does not conform to the configurations shown in the example figures, measurements must be taken at E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules locations chosen to represent approximately the entire cabinet. In the June 2017 RFI, DOE discussed that HRF–1–2008 and HRF–1–2016 provide a specific thermocouple location diagram for freezer compartments in refrigerator-freezers (type 6 in Figure 5–2). However, the diagram for this configuration is based on an upright, front-opening freezer compartment, and does not explicitly address drawer-type freezer compartments. Based on its experience testing these products at third-party test laboratories, DOE noted that additional specification may be required regarding which thermocouple layout is appropriate for drawer-type freezer compartments in refrigerator-freezers. DOE stated in the June 2017 RFI that sensor layout type 6 is likely appropriate for testing drawer-type freezer compartments in refrigeratorfreezers and requested feedback on this clarification. 82 FR 29784. AHAM commented that it had issued errata to HRF–1–2008 and HRF–1–2016 adding a note to Figure 5–2 indicating that if the compartment volume is less than 2 cubic feet, then a single thermocouple shall be located at the geometric center of the compartment. AHAM noted that this statement was previously included in HRF–1–2008 Section 5.8.1, but AHAM issued the errata because it believed placement of the sentence was causing confusion regarding thermocouple placement in freezer drawers (i.e., freezers with compartment volume less than 2 cubic feet). AHAM stated that this change should resolve DOE’s concern and urged DOE to acknowledge the errata as part of its incorporation by reference of Figure 5–2, and there would be no need for DOE to change the test procedure. AHAM commented that DOE could, perhaps, issue guidance acknowledging that the errata are included in DOE’s incorporation by reference of Figure 5– 2; alternatively, AHAM stated that DOE could incorporate by reference HRF–1– 2016, for which AHAM has also issued the same errata. (AHAM, No. 5 at p. 9) As stated in section III.C of this proposed rule, DOE is proposing to incorporate by reference HRF–1–2016 for both Appendix A and Appendix B. This incorporation by reference would also include any relevant errata to HRF– 1–2016, including the clarification to Figure 5–2. DOE is also proposing to amend Appendix A and Appendix B to explicitly specify that for freezer drawers, the thermocouple setup for drawer-type freezer compartments shall follow sensor layout type 6 specified in HRF–1–2016. DOE expects that all drawer-type freezer compartments are VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 already tested using sensor layout type 6, and therefore, this proposed amendment would likely not affect how any units are currently tested. DOE requests feedback on whether this sensor layout or any other thermocouple configurations set forth in HRF–1–2016 require any additional detail. 2. Test Platform Requirements Section 2.1.3 in both Appendix A and Appendix B requires that a test platform be used if the test chamber floor temperature is not within 3 °F of the measured ambient temperature. If a platform is used, it must have a solid top with all sides open for air circulation underneath, and its top shall extend at least 1 foot beyond each side and front of the unit under test and extend to the wall in the rear. DOE included this requirement to limit the variability of airflow near the unit during testing. Airflow directly at the base of the unit may increase heat transfer from the condenser and compressor compartment, resulting in better measured energy performance compared to a unit with no airflow at the base of the unit. The text of section 2.1.3 in Appendix A and Appendix B does not explicitly address the setup for a test chamber floor that has vents for airflow. Such a test chamber floor is analogous to a ‘‘platform’’ because the floor is elevated above an airflow pathway. Therefore, testing should follow the same procedure required for a test platform. To limit potential confusion regarding appropriate test setup and corresponding variability in airflow at the base of a unit under test, DOE is proposing that a floor with holes or vents for airflow at the base of a test unit would need to meet the same requirements as a platform. Therefore, DOE is proposing to specify that for a test chamber floor that allows for airflow (e.g., through a vent or holes), any airflow pathways through the floor must be located at least 1 foot away from all sides of the unit. DOE requests comment on this proposed amendment, including information on any associated testing burden and whether additional instructions regarding airflow around the test unit may be necessary to limit test variability. Based on DOE’s experience with third party laboratories, DOE believes that this proposal is consistent with current industry practice, and therefore DOE expects that this proposal would not impact measured energy use. PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 70853 3. Separate External Temperature Controls Certain refrigerators do not include integrated temperature controls within the cabinet assembly. Rather, the refrigerator is intended to be connected to a separate freezer that houses the controls for both the refrigerator and freezer cabinets. DOE granted a waiver to Liebherr Canada, Ltd. (Liebherr) to allow for testing such a product. 79 FR 19886 (April 10, 2014). Under the waiver approach, Liebherr must test the refrigerator according to Appendix A with the additional requirement that the freezer cabinet (with controls for both the refrigerator and freezer) be close enough to allow for the electrical connection to the refrigerator, but far enough away to avoid interfering with ambient airflow or other test conditions. The freezer must be set to the ‘‘off’’ position for testing. Id. at 79 FR 19887– 19888. DOE is not aware of any other products for which the cabinet controls are housed in a separate product; however, DOE is proposing to amend Appendix A and Appendix B to address such cases to eliminate the potential need for additional test procedure waivers. DOE is proposing to follow the approach specified in the Liebherr waiver, but with revisions to be applicable to different cabinet configurations. The proposed test procedure specifies that if a product’s controls are external to the cabinet, the product shall be connected to the controls as needed for normal operation, but any additional equipment needed for testing shall not interfere with ambient airflow or other test conditions, and the controls for any other cabinets shall be set to the ‘‘off’’ position during testing. DOE is proposing to include these requirements in new sections 2.10 and 2.9 in Appendix A and Appendix B, respectively. DOE requests comment on its proposed approach and on whether any further instructions would be needed to address products with temperature controls separate from the product cabinet. G. Test Conditions 1. Vertical Gradient Section 2.1.2 of both Appendix A and Appendix B requires that a test room vertical ambient temperature gradient of no more than 0.5 °F per foot (0.9 °C per meter) must be maintained during testing. To demonstrate that this requirement has been met, test data must include measurements taken using temperature sensors at locations 10 inches from the center of the two sides E:\FR\FM\23DEP4.SGM 23DEP4 70854 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS4 of the unit under test at heights of 2 inches and 36 inches above the floor or supporting platform and at a height of 1 foot above the unit under test. Section 2.1.2 does not, however, specify when the vertical ambient temperature gradient must be maintained. Section 2.1.1 of both appendices specifies that the ambient temperature shall be maintained during both the stabilization period and test period. DOE believes that the vertical ambient temperature gradient should also be maintained during both the stabilization period and test period to ensure consistent ambient conditions throughout both periods. Thus, DOE is proposing that the vertical ambient temperature gradient be maintained during both the stabilization period and test period. DOE expects that this proposal would reduce the potential for testing variability, but does not believe that this proposal would impact measured energy use. Additionally, the requirement to measure temperature 1 foot above the unit under test does not explicitly address products with components that extend above the top of the refrigerated storage cabinet (e.g., beer dispensers or ‘‘keg refrigerators’’ with taps on top of the cabinet). The test procedure does not specify whether the temperature measurement should be made 1 foot above the main storage cabinet or 1 foot above the highest point of the unit under test. DOE is proposing that when measuring the vertical gradient from 1 foot above the unit, the top of the unit should be determined by the refrigerated cabinet height, excluding any accessories or protruding components on the top of the unit (e.g., taps/dispensers). DOE expects that this proposal would reduce the potential for testing variability and does not expect it to impact measured energy use, should it be adopted. 2. Stabilization Section 2.9 in Appendix A and section 2.7 in Appendix B each provide two options for determining whether steady-state conditions exist, based on a maximum rate of change of average compartment temperatures, for a unit under test. The first option specifies determining the rate of change of compartment temperatures by comparing temperature measurements recorded during a period of at least 2 hours to the measurements recorded over an equivalent time period, with 3 hours elapsing between the two measurement periods. For test units with cycling compressors, it may not be possible to measure temperatures over complete VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 compressor cycles while allowing exactly 3 hours to elapse between the measurement periods. However, as DOE stated in the July 2013 NOPR discussion of this topic, DOE considers the 3-hour period to represent a minimum elapsed time between temperature checkpoint periods. 78 FR 41610, 41651. Accordingly, DOE is proposing that for the stability check, the time elapsed between measurement periods must be at least 3 hours. This proposed amendment is consistent with the steady-state condition requirements included in section 3.28 of HRF–1–2008 and section 3.32 of HRF–1–2016. Additionally, DOE is proposing to amend the Appendix B stabilization criteria to match the wording and formatting of Appendix A for consistency. Additionally, in response to the June 2017 RFI, multiple interested parties commented regarding the use of the same data for the stabilization period and the test period when testing certain products. AHAM commented to reiterate its proposal that DOE include the stabilization period as part of the test period. Specifically, AHAM proposed that, in cases where part A stability (as stated in Appendix A, section 2.9) data can be used, the full stability data be used for the first part of the test instead of requiring a separate part one of the test. AHAM noted that this approach would shorten test time and allow testers to use data established over a long period of time (e.g., 54 hours), instead of requiring that data to be essentially ignored. AHAM stated that with electronic data acquisition systems, there is no need to require separate data acquisition periods for stabilization and part one of the test. AHAM commented that this proposed change would not only reduce burden, but it would increase the accuracy of the test because part one of the test would be based on known stability, not on however the product behaves on a separate part one of the test. AHAM noted that for part B stability (as stated in Appendix A, section 2.9), the procedure should remain as currently written. AHAM included a graphical representation of its proposal attached at Exhibit B in the submitted comment. (AHAM, No. 5 at p. 8) BSH and Sub Zero both commented in support of AHAM’s comment. (BSH, No. 2 at p. 2; Sub Zero, No. 4 at p. 2) DOE tentatively agrees that the stabilization period and part one of a two-part energy test capture essentially the same unit operation. As AHAM stated, using the stabilization period as the test period would also ensure that the product is stable. The current PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 requirements establish stability prior to the test period. It could be possible, although unlikely, that a unit under test achieves stability during the stabilization period and reverts to unstable operation for the test period. Accordingly, DOE is proposing to amend the test period requirements in Appendix A and Appendix B to require that, if the part A stabilization criteria is used, that same period shall be used for test period data, where appropriate (i.e., for the test periods that do not capture defrosts). Additionally, DOE is aware that stabilization determinations may be difficult for products with multiple compressors or irregular compressor cycling. For these products, the average compartment temperatures over one complete compressor cycle may not be representative of the average compartment temperatures over a longer period of operation with multiple compressor cycles. For example, a product with a combination of long and short compressor on cycles during normal operation would likely have either higher or lower average compartment temperatures over an individual compressor on/off cycle, when compared to the average compartment temperatures over a longer period of operation with multiple compressor cycles. Products with this type of operation may not be able to meet the requirements for determining the start and end points for the defrost portion of the test when using the two-part test as provided in section 4.2.1.1 in Appendix A and Appendix B (and 4.2.3.4.2 in Appendix A for multiple-compressor products) because the average temperature of an individual compressor cycle may never match the average temperature over a longer period of operation including many compressor cycles. For these products using the two-part test method, DOE is proposing to include an alternate determination of when to start and end the defrost test period. To begin the period, DOE is proposing that average compartment temperatures be determined over one or more complete compressor cycles before a defrost. The average temperatures over the multiple complete compressor cycles must be within 0.5 °F of the average determined over the first part of the test, and all cycles included in the averaging period would be included within the defrost test period. Similarly, the test period would end with a period of complete compressor cycles after a defrost with the average compartment temperatures over that period within 0.5 °F of the average determined over the first part of E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules the test. All compressor cycles included in the averaging period would be included in the defrost test period. For products with multiple compressors, the asynchronous cycling of the different compressors may make it even more difficult to determine whether average compartment temperatures are within 0.5 °F of the average temperatures for the first part of the test. To address this issue, DOE is proposing that if a multiple compressor product cannot meet the 0.5 °F criteria, the test period shall include precool, defrost, and recovery time for the defrosted compartment, as well as sufficient dual compressor cycles to allow the length of the test period to be at least 24 hours, unless a second defrost occurs prior to completion of 24 hours, in which case the second part of the test shall include a whole number of complete primary compressor cycles comprising at least 18 hours. The test period would start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period would also include the target defrost and following freezer compressor cycles, ending at the end of a freezer compressor on-cycle before the next defrost occurrence (refrigerator or freezer). This proposed approach is consistent with an existing waiver test method for a multiple compressor product, as described further in Section III.J.2.a of this document.19 DOE requests feedback on these proposed amendments and whether they would result in any unexpected testing issues. Additionally, DOE seeks comment on the proposed amendments for testing conditions, including the vertical ambient temperature gradient and stabilization provisions. DOE welcomes information on the testing burden and impacts on test repeatability and reproducibility associated with these proposed test conditions. H. Features Not Directly Addressed in Appendix A or Appendix B lotter on DSKBCFDHB2PROD with PROPOSALS4 1. Door-In-Door Designs DOE’s test procedures for consumer refrigeration products represent operation in typical room conditions with door openings by testing at an elevated ambient temperature with no door openings. 10 CFR 430.23(a)(7). The increased thermal load from the elevated ambient temperature represents the thermal load associated with both door openings, as warmer ambient air mixes with the refrigerated air inside 19 See case number RF–042. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 the cabinet, and the loading of warmer items in the cabinet. As discussed in the June 2017 RFI, DOE is aware of certain products available on the market that incorporate a door-in-door design. This feature allows the consumer to access items loaded in the door shelves without opening an interior door that encloses the inner cabinet. This feature potentially prevents much of the cool cabinet air from escaping to the room and being replaced by warmer ambient air, as would be the case during a typical total door opening. 82 FR 29782. In response to the June 2017 RFI, AHAM and BSH commented that they do not have consumer use data regarding door-in-door designs, and that DOE should not amend the test procedure to address these features without having consumer use data. (AHAM, No. 5 at pp. 6–7; BSH, No. 2 at p. 2) AHAM further stated that it would oppose any proposed change that would alter the closed door test, which is representative of consumer use because it is based on reliable data regarding ambient conditions and door openings. AHAM commented that door openings introduce significant variation into the test and dramatically increase test burden because of the need to control the door openings with precision; thus, the test should not be revised to include door openings even for only certain types of products. AHAM suggested that once statistically significant consumer data from field studies are available, DOE should evaluate possible calculation or other approaches that do not add test burden or change the representativeness, repeatability, or reproducibility of the test to account for door-in-door designs. (AHAM, No. 5 at p. 7) Sub Zero further commented that the benefits of a 90 °F ambient closed-door test have been fully demonstrated and no other test method provides the same accuracy, repeatability, comparability among models and configurations, and reasonable burden and cost for testing. Sub Zero stated that it appreciates the need for this type of test as a smaller manufacturer striving to remain competitive with large multi-national producers. (Sub Zero, No. 4 at pp. 1–2) The Joint Commenters stated that DOE’s test procedures should be designed to capture the benefits of features that can provide energy savings in the field; therefore, additional investigation may be warranted to evaluate whether door-in-door designs have the potential to save a significant amount of energy, and if so, how these savings could be captured in the test procedure. The Joint Commenters PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 70855 provided the following example data regarding door-opening energy consumption: A Trinity University study estimated that door openings and container replacement account for about 17 to 23 percent of the overall cabinet load; and a study by the Florida Solar Energy Center similarly found that for a refrigerator with a rated annual energy consumption of 760 kWh per year, door openings were responsible for about 19 percent of the total energy consumption. The Joint Commenters noted that reducing the energy consumption associated with door openings may therefore represent an opportunity for energy savings. (Joint Commenters, No. 7 at pp. 1–2) Samsung commented in support of accounting for door-in-door designs using a field use factor to be established by testing various product configurations to establish energysaving potential, and provided an example of how such a factor may be determined. Samsung stated that the door-in-door design on its products allows quick access to main door bins without opening the main refrigerator door, which reduces energy loss due to door openings. Limited Samsung testing indicated that the door-in-door feature reduces energy consumption by 7.4 percent assuming 12 door openings per day; assuming 40 door openings per day and 50 percent use of the outer door only, Samsung estimated that the doorin-door feature would save around 9.8 percent energy consumption. Samsung also commented that it has developed a camera and display system that shows food items inside the refrigerator without opening the door, which similarly reduces door openings and saves energy. (Samsung, No. 8 at pp. 1– 2, 4–5) DOE agrees with the Joint Commenters and Samsung that the door-in-door feature and camera/display systems have the potential to reduce energy consumption associated with door openings for these products. However, DOE does not believe that there is sufficient data regarding consumer usage patterns of this feature to warrant revisions to the test procedure at this time. Additionally, DOE notes that the storage volume associated with door shelves is typically much smaller than the main cabinet storage volume. Accordingly, DOE expects that most door openings are intended to provide access to the main storage cabinet, and that consumers are unlikely to frequently use only the outer door of products with a door-in-door feature. For these reasons, DOE is not proposing to amend its test procedures E:\FR\FM\23DEP4.SGM 23DEP4 70856 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS4 to address door-in-door designs (or other features that potentially reduce door openings, e.g., internal cameras) in this NOPR. To ensure that DOE’s test procedures measure energy use of a product during a representative average use cycle or period of use, DOE continues to request comment on whether the existing test procedures should be amended to account for door-in-door designs or any other features that may reduce door openings. DOE also seeks information regarding what steps, if any, manufacturers are taking to estimate the energy use characteristics of products that use door-in-door designs. Further, DOE requests data, if any, on consumer use of the door-in-door feature or internal cameras (or any available consumer use information regarding door openings), including how often the outer door or camera is used in comparison to a full door opening, and the corresponding energy impacts of each type of door opening. 2. Display Screens and Connected Functions DOE observes that consumer refrigeration products that include user control panels or displays located on the front of the product are being introduced into the market. Many products incorporating these more advanced user interfaces also include internet connections to allow for additional functions. These features, which can control the product’s function and provide additional user features, such as television or internet access, operate with many different control schemes, including activation by proximity sensors. The current DOE test procedures require that consumer refrigeration products that have a communication module for demand-response functions be tested with the communication module in the ‘‘as shipped’’ configuration. Section 2.10 of Appendix A and section 2.8 of Appendix B. Additionally, the current DOE test procedures, by referencing HRF–1– 2008, require testing with customeraccessible features not required for normal operation and which are electrically powered, manually initiated, and manually terminated, set at their lowest energy usage positions when adjustment is provided. In the June 2017 RFI, DOE requested feedback on how consumers typically use these product features. Specifically, DOE sought information on typical settings, and the manner and frequency in which consumers use the features to inform appropriate test procedures. 82 FR 29782. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 AHAM strongly objected to DOE amending the test procedure to address these features absent consumer use data. (AHAM, No. 5 at p. 6) AHAM, Samsung, and Sub Zero commented that connected products are in the early stages of development and meaningful data on consumer use for connected features or display screens are currently unavailable, as there has been limited market penetration. (AHAM, No. 5 at p. 7; Samsung, No. 8 at p. 3; Sub Zero, No. 4 at p. 2) AHAM and Samsung stated that DOE should continue to require testing with these features in their lowest energy-use positions to avoid limiting innovation. (AHAM, No. 5 at p. 7; Samsung, No. 8 at p. 3) BSH commented that display screens consume energy in normal use and that energy is not captured during the existing test procedure. BSH supported a reasonable proposal to include some portion of the energy consumed by these features in the energy test, if they do not add burden to the test procedure. BSH noted that Appendix A refers to products with demand-response capability, and recommends that the test procedure instead refer to all connected products. BSH stated that connected communication modules consume a small amount of energy and can be easily captured during the energy test. BSH recommended testing with the communication module in the on position but not connected, consistent with the European energy test. (BSH, No. 2 at p. 2) The Joint Commenters encouraged DOE to amend the test procedure to capture energy consumption associated with display screens and connected functions. They noted that approximately 4 percent of ENERGY STAR-qualified products have connected capabilities. The Joint Commenters stated that there are at least two general types of display screens that are currently present in some consumer refrigeration products: One is a more advanced option screen for refrigerator functionality; the other, which is sometimes referred to as a ‘‘Smart Screen,’’ is essentially a tablet embedded into the refrigerator and offers users a view into the refrigerator as well as access to other features (e.g., to stream music, access the weather, etc.). The Joint Commenters recommended that DOE consider specifying that display screens be tested at their highest energy use position to provide both a consistent method for capturing the energy consumption associated with display screens and an incentive for manufacturers to provide display screen functionality with low power consumption. The Joint PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 Commenters noted that the test procedure already uses the ‘‘highest energy use’’ approach for testing convertible compartments. The Joint Commenters also encouraged DOE to ensure that any network mode power consumption is captured in the test procedure, and referred to IEC Standard 62301 ‘‘Household electrical appliances—Measurement of standby power’’ (IEC Standard 62301) as a possible reference. (Joint Commenters, No. 7 at pp. 2–3) DOE acknowledges that the current version of IEC Standard 62301 includes specifications for a ‘‘network mode’’; however, that standard defines network mode as a mode in which at least one network function is activated (such as reactivation via network command or network integrity communication), but where the primary function is not active. DOE notes that for consumer refrigeration products, the primary function of refrigerating the cabinet requires continuous operation, and therefore would always be active. Accordingly, consumer refrigeration products would never operate in network mode as defined in IEC Standard 62301. DOE expects that some consumers will use connected features if offered on a product. However, as noted by AHAM, Samsung, and Sub-Zero, connected products are in the early stages of development and meaningful data on consumer use for connected features or display screens are currently unavailable (AHAM, No. 5 at p. 7; Samsung, No. 8 at p. 3; Sub Zero, No. 4 at p. 2). While the Joint Commenters referred to a ‘‘network mode,’’ DOE notes that Wi-Fi connectivity and associated display screens are relatively new features in consumer refrigeration products. DOE does not want to limit innovation or hinder manufacturers from offering these functions to consumers or impede the ability to provide potential utility that these features may offer. DOE understands that the connected features vary by model, and that further specifying a test to reflect the energy consumption of the various connected features would likely introduce test variability and increase test burden. Absent additional consumer use data, DOE is not proposing any amendments to the current test procedure approach. DOE also proposes to remove sections 2.10 of Appendix A and 2.8 of Appendix B, which state that 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 E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules just before shipping.’’ DOE recently published an RFI on the emerging smart technology appliance and equipment market. 83 FR 46886 (Sept. 17, 2018). In that RFI, DOE sought information to better understand market trends and issues in the emerging market for appliances and commercial equipment that incorporate smart technology. DOE’s intent in issuing the RFI was to ensure that DOE did not inadvertently impede such innovation in fulfilling its statutory obligations in setting efficiency standards for covered products and equipment. Additionally, as discussed in the RFI, DOE lacks data regarding consumer use of network features, including demand response. In this NOPR, consistent with the RFI, DOE proposes to remove the sections addressing products with demandresponse capability from Appendix A and Appendix B. Under the proposed approach, the HRF–1–2016 requirement that customer accessible features not required for maintaining temperature be set at their lowest energy usage positions would apply to communication modules in demandresponse capable products (with the ‘‘off’’ position as the lowest energy usage position). DOE seeks comment on this proposal and on the same issues presented in the RFI as they may be applicable to consumer refrigeration products. As discussed, under the current regulations, demand-response capable products are only tested with the communication module in the on position if a manufacturer ships the product in that configuration. A manufacturer may ship the demandresponse capable product with the communication module in the off position, in which case, the communication module remains off for testing. Whether the energy use associated with the communication module is measured during testing is dependent upon the manufacturer. While the proposed change regarding demand-response capable products would affect the measured energy use for any demand-response capable products with the communication module shipped in the on position, DOE is not proposing to amend the energy conservation standards for these products in accordance with 42 U.S.C. 6293(e)(2). DOE is only aware of demand-response capable products available on the market that are also ENERGY STAR qualified. Because manufacturers have the option of setting the as-shipped position, if a manufacturer were to sell a minimallycompliant demand-response capable VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 product, the manufacturer would likely set the as-shipped position of the communication module to the off position. Accordingly, DOE estimates that this proposed test procedure change would have no impact on the measured energy use of minimally-compliant products and no amendment to the energy conservation standards is required. For other consumer-accessible features, such as display screens, DOE is proposing to maintain the existing approach, by referencing HRF–1–2016, that these features be tested in their lowest energy use position. For displays screens, the lowest energy use position is with the screen off. Accordingly, the existing approach does not limit innovation or features available for use in display screens or similar consumeraccessible features, and is consistent with the discussion included in the September 2018 RFI. Although the Joint Commenters referred to the ‘‘highest energy use’’ approach for convertible compartments in supporting similar requirements for testing display screens and connected functions, DOE notes that the convertible compartment requirements are for testing associated with the primary function of the unit— refrigerating the internal storage cabinets. Display screens and connected functions are secondary features available on consumer refrigeration products. DOE requests information on the prevalence of models with display screens and connected functions, so that DOE can determine whether measurement of the energy use of these connected features would contribute to a test procedure that is reasonably designed to measure energy use or energy efficiency during a representative average use cycle or period of use, as required by EPCA (42 U.S.C. 6293(b)(3). DOE again requests information on how consumers typically use exterior display screens and control panels, when available. While any information would be welcome, because DOE is interested in information on energy use ratings that are representative of products in the field, DOE is particularly interested in any data that may yield insight into the manner and frequency with which consumers use these features. Additionally, DOE requests detailed feedback on the appropriate energy-related settings to use for these types of features during testing. DOE also requests information on whether and how consumers typically use an internet connection, when PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 70857 available, for consumer refrigeration products. DOE also requests information on the potential energy impacts, if any, these available features would have on consumer refrigeration products. I. Corrections The July 2016 Final Rule inadvertently omitted from Appendix A an optional method for calculating the average per-cycle energy consumption of refrigerators and refrigerator-freezers, which had been previously included as section 6.2.2.3 in the version of Appendix A established by the July 2014 Final Rule. See, section 6.2.2.3 of Appendix A to subpart B of 10 CFR part 430 (2015); see also, 79 FR 22320, 22330–22332, 22354. That missing provision comprised a method for calculating average per-cycle energy consumption for models with two compartments and user-operable controls when using the optional test control settings and methodology specified for such models in section 3.3 of Appendix A. Specifically, it calculated the average per-cycle energy consumption as the sum of: (1) The energy consumption defined and calculated as described in appendix M, section M4(a) of AS/NZS 4474.1:2007, and (2) ‘‘IET’’, defined as 0.23 kWh per cycle for products with an automatic icemaker and 0 kWh per cycle for products without an automatic icemaker. DOE proposes to reinstate the missing section of Appendix A as established in the July 2014 Final Rule as section 6.2.3.3 to correspond to the revised section numbering established by the July 2016 Final Rule. DOE is proposing to revise the order of definitions in Appendix A to alphabetize the defined terms. DOE is also aware that section 6.1 in Appendix B inconsistently refers to adjusted volume using the terms ‘‘AV’’ and ‘‘VA.’’ DOE is proposing to amend section 6.1 so that only ‘‘AV’’ is used to refer to adjusted volume, consistent with the usage in Appendix A. DOE is also proposing to revise section 2.2 of Appendix B to include language consistent with Appendix A regarding exceptions and clarifications to cited sections of HRF–1–2016. In sections 3.2.1.1 of Appendix A and 3.2.1 of Appendix B, DOE is also proposing to modify the instructions to specify that the instructions regarding electronic control settings refer to the appropriate settings for the median test. In addition, DOE proposes to modify the formatting of Table 1 in both Appendix A and Appendix B, which summarizes the appropriate temperature settings, to better show how test settings and results match for each row in the table. E:\FR\FM\23DEP4.SGM 23DEP4 70858 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules Additionally, DOE proposes to amend Table 1 in Appendix A and Appendix B to provide instructions regarding coverage and test procedure waivers rather than the current ‘‘No energy use rating’’ entry. DOE understands these proposed corrections as improving the readability of the test procedures and expects that, if adopted, these corrections would not impact how refrigeration products are currently tested, or impact the test results as compared to the current test procedures. J. Compliance Date and Waivers 1. Compliance Date EPCA prescribes that all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with an amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register. (42 U.S.C. 6293(c)(2)) As noted, should the amendments proposed in this document be made final, the updated test procedure provisions related to the icemaker fixed adder, and the associated amended energy conservation standards, would be required for use one year after publication of such a test procedure final rule in the Federal Register. If DOE were to publish an amended test procedure for consumer refrigeration products, EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension, petitions must be filed with DOE no later than 60 days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. Id. lotter on DSKBCFDHB2PROD with PROPOSALS4 2. Waivers Upon the compliance date of an amended test procedure, should DOE issue such an amendment, any waivers that had been previously issued and are in effect that pertain to issues addressed by the amended test procedure are terminated. 10 CFR 430.27(h)(2). Recipients of any such waivers would be required to test the products subject to the waiver according to the amended test procedure as of the effective date of the amended test procedure. a. Waivers Relevant to the Proposed Amendments DOE has granted a test procedure waiver to address testing multiple- VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 compressor products that may not be able to meet all requirements included in Appendix A.20 That waiver addressed models with non-uniform cycling that makes direct use of the Appendix A requirements for evaluating temperature stability problematic. In its April 2014 final rule, DOE incorporated provisions to address the testing of products with multiple compressors, which were intended to obviate the need for waivers for multiple-compressor products. 79 FR 22320, 22330 (April 21, 2014). However, in its petition for waiver, GE contended that due to certain characteristics of the basic models listed in the petition, the Appendix A test procedure does not allow for accurately measuring the energy consumption of these basic models. 80 FR 7851, 7852 (Feb. 12, 2015). In the notice granting the waiver, DOE determined that the specified models would not be able to reach the temperature stability conditions specified in Appendix A. Id. at 80 FR 7853. DOE has not received additional petitions for waiver on this issue. As discussed in section III.G.2 of this document, DOE is proposing amendments to Appendix A and Appendix B to address the issue in the GE waiver to limit the potential need for waivers for similar models that are unable to meet the current stability requirements in the test procedures. Should the proposed test procedure in this document be made final, GE’s waiver would terminate on the compliance date of such a final rule and GE would be required to test the product that was the subject of its waiver according to the amended test procedure. DOE continues to request comment on potential amendments to Appendix A and Appendix B to address the issue of determining temperature stability for multiple-compressor products or other products with irregular compressor cycles. DOE has also granted a waiver to allow for testing an all-refrigerator while connected to an upright freezer model that houses the controls for both cabinets.21 As discussed in section III.F.3 of this document, Liebherr offers a product which relies on a companion upright freezer model for control. DOE granted a waiver for this model that requires the manufacturer to test and rate the all-refrigerator while connected to the upright freezer controls, but with the freezer located away from the refrigerator to avoid interfering with ambient airflow or other test conditions. 79 FR 19886 (April 10, 2014). As discussed in section III.F.3 of this 20 See 21 See PO 00000 case number RF–042. case number RF–035. Frm 00018 Fmt 4701 Sfmt 4702 document, DOE is proposing amendments to Appendix A and Appendix B that would eliminate the need for waivers to test products with separate external controls. Should the proposed test procedure in this document be made final, Liebherr’s waiver would terminate on the compliance date of such a final rule and Liebherr would be required to test the product that was the subject of its waiver according to the amended test procedure. DOE continues to request comment on whether such amendments to Appendix A and Appendix B are appropriate. b. MREF Waivers At present, DOE has granted multiple waivers from the test procedures for consumer refrigeration products to address testing of products that currently are defined as refrigerators and combination cooler refrigeration products to determine compliance with the current consumer refrigerator, refrigerator-freezer, and freezer energy conservation standards.22 As explained in the July 2016 Final Rule, prior to the compliance date of the MREF energy conservation standards, combination cooler refrigeration products are subject to the energy conservation standards for refrigerators, refrigerators, and freezers based on testing according to relevant test procedure waivers. Id. at 46771. As noted in the waivers,23 upon the compliance date of the MREF energy conservation standards (October 28, 2019) those waivers will terminate. The issues addressed in these waivers, specifically the alternate correction factor used for testing to determine compliance with existing refrigerator, refrigerator-freezer, and freezer energy conservation standards, would not be affected by the amendments proposed in this NOPR. K. Test Procedure Impacts and Other Topics 1. Test Procedure Costs and Impacts EPCA requires that test procedures proposed by DOE not be unduly burdensome to conduct. In this NOPR, DOE proposes to amend the existing test procedures for consumer refrigeration products in Appendix A and Appendix B. In general, the proposed changes would update the referenced industry test procedure; define the term ‘‘compartment;’’ amend the fixed adder 22 See case numbers RF–040, RF–041, RF–044, RF–045, and RF–047. 23 See, 79 FR 55769 (Sep. 17, 2014); 82 FR 21209 (May 5, 2017); 82 FR 36386 (Aug. 4, 2017); 80 FR 7854 (Feb. 12, 2015); 82 FR 21211 (May 5, 2017); and 83 FR 11743 (March 16, 2018). E:\FR\FM\23DEP4.SGM 23DEP4 70859 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules that accounts for automatic icemakers to better reflect consumer use; provide additional specificity for a number of test setup and test procedure requirements; combine the stabilization period with the test period for certain products; and add regulatory text inadvertently omitted in the previous test procedure rulemaking. DOE has tentatively determined that these proposed amendments would not be unduly burdensome for manufacturers to conduct and would reduce test burden for manufacturers. DOE’s analysis of this proposal indicates that, if finalized, it would result in net cost savings to manufacturers. TABLE III.1—SUMMARY OF COST IMPACTS FOR CONSUMER REFRIGERATION PRODUCTS Present value (million 2016$) Category Discount rate (percent) Costs One-time re-testing and re-labeling costs ................................................................................................... 0.7 0.6 3 7 35.6 24.3 3 7 (34.8) (23.6) 3 7 Cost Savings Reduction in future testing costs ................................................................................................................. Total Net Cost Impacts Total net cost impacts ................................................................................................................................. TABLE III.2—SUMMARY OF ANNUALIZED COST IMPACTS FOR CONSUMER REFRIGERATION PRODUCTS Annualized value (thousand 2016$) Category Discount rate (percent) Annualized Costs One-time re-testing and re-labeling costs ................................................................................................... 22 44 3 7 1,067 952 3 7 (1,045) (907) 3 7 Annualized Cost Savings Reduction in Future Testing Costs .............................................................................................................. Total Net Annualized Cost Impact Total Net Cost Impact .................................................................................................................................. lotter on DSKBCFDHB2PROD with PROPOSALS4 Further discussion of the cost impacts of the proposed test procedure amendments are presented in the following paragraphs. a. Proposed Amendment Regarding the Stabilization and Test Periods DOE proposes to combine the stabilization period with the test period for certain models of consumer refrigeration products. This proposal would decrease test burden by shortening the test duration for any model with stabilization determined according to sections 2.9(a) of Appendix A or 2.7(A) of Appendix B and with non-automatic defrost, or that would be tested to using the two-part test period. This amendment would apply to consumer refrigerators, refrigeratorfreezers, freezers, and MREFs. Based on review of the Compliance Certification Database in DOE’s Compliance Certification Management VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 System (CCMS), DOE has identified 3,641 models of consumer refrigerators, refrigerator-freezers, and freezers, representing 49 manufacturers, and 439 models of MREFs, representing 32 manufacturers, that would be impacted by this proposed amendment. DOE expects that this proposal would decrease test duration by at least 6 hours for these models (reflecting the 3-hour minimum test period duration at two temperature settings) and up to 48 hours (reflecting 24-hour test periods at each setting). Based on an estimated decreased test duration of at least 6 hours (i.e., a decrease in test time of greater than ten percent), DOE assumed a cost savings of approximately ten percent (i.e., $500 per test).24 24 DOE expects that costs would decrease by a smaller percentage than the total reduction in test time due to fixed overhead and labor requirements for testing (i.e., test set up and data analysis would be unchanged). The total cost per test is based on PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 Additionally, based on data from DOE’s Compliance Certification Database, DOE anticipates that manufacturers would replace or modify existing models every 3.5 years. Therefore, on average, consumer refrigerator, refrigeratorfreezer, and freezer manufacturers would introduce approximately 1,040 new or modified consumer refrigerator, refrigerator-freezer, or freezer models each year that would use these shorter overall testing periods. While, on average, MREF manufacturers would introduce 125 new or modified consumer MREF models each year that would use these shorter overall testing periods. Because DOE requires manufacturers to test at least two units per model, manufacturers would on average conduct 2,330 tests annually FSI’s comment stating between $4,500 and $5,000 per refrigerator test conducted at outside laboratories. (FSI, No. 6 at p. 1) E:\FR\FM\23DEP4.SGM 23DEP4 70860 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS4 using these shorter overall testing periods. Using these estimates, DOE anticipates industry cost savings of approximately $1,040,000 per year for consumer refrigerator, refrigeratorfreezer, or freezer manufacturers and approximately $125,000 per year for MREF manufacturers. DOE has initially determined that this proposed amendment to the test procedures for consumer refrigeration products would not require changes to the designs of these products, and that the proposed amendments would not impact the utility or the availability of consumer refrigeration product options. DOE expects that the proposed amendments would not impact the representations of energy efficiency or energy use for consumer refrigeration products currently on the market. Manufacturers would be able to rely on data generated under the current test procedure, should the proposed amendments regarding stabilization and test period be finalized. As such, manufacturers would not be required to retest consumer refrigeration products as a result of DOE’s adoption of the proposed amendment to the test procedure stabilization period. DOE requests comment on its understanding of the impact and associated costs of this proposed stabilization and test period amendment. b. Proposed Amendment Regarding Products With Demand-Response Capability DOE proposes to remove the sections addressing products with demandresponse capability from Appendix A and Appendix B. Under the proposed approach, the HRF–1–2016 requirement that customer accessible features not required for maintaining temperature be set at their lowest energy usage positions would apply to communication modules in demandresponse capable products (with the ‘‘off’’ position as the lowest energy usage position). This proposal could increase test burden by requiring some models to be re-tested with communication modules in the off position and potentially re-labeled if the re-tested energy consumption value changes. This would be a one-time retesting and re-labeling cost for manufacturers, as models introduced into the market after the test procedure proposal is required would not incur any additional costs. Based on review of the ENERGY STAR Database, DOE has identified 83 models of refrigerators or refrigeratorfreezers, representing 12 manufacturers, and 8 models of freezers, representing VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 two manufacturers that would be impacted by this proposed amendment. DOE conservatively estimates that all 91 models would be required to be retested with the communications models in the off position. Because DOE requires manufacturers to test at least two units per model, manufacturers would have to re-test 182 units to comply with this proposed test procedure amendment. DOE estimates a re-testing cost to manufacturers of $4,500 for a single unit.25 Using these estimates, DOE anticipates industry could incur costs up to $819,000 retesting products in the 180 days after this test procedure is finalized. Additionally, manufacturers would have to re-label models if the re-tested energy consumption value changes. DOE estimates the average wage rate plus employer provided benefits for an employee to re-label models is $39.35 per hour.26 DOE estimates that it would take an employee approximately one hour to re-label a single model. Given the conservative estimate of 91 models that could have their measured energy consumption changed after being retested with the communications in the off position, DOE estimates industry would incur costs of approximately $3,580 to re-label models in the 180 days after this test procedure is finalized. DOE requests comment on its understanding of the impact and associated costs of the proposed amendment regarding products with demand-response capability. c. Proposed Amendment Regarding Energy Use Associated With Automatic Icemaking DOE is proposing to amend the automatic icemaker energy use adder in Appendix A and Appendix B and to amend the corresponding energy conservation standards for consumer refrigeration products with automatic icemakers (both amendments would reflect an energy use reduction of 56 kWh per year). This proposal would increase burden on manufacturers by 25 Based on the initial $5,000 testing cost estimate and the $500 savings due to the stabilization criteria proposed in this amended test procedure proposal. DOE estimates that the stabilization period time savings would apply to all demand-response capable products. 26 The Bureau of Labor Statistics mean hourly wage rate for ‘‘Mechanical Engineering Technicians’’ is $28.00. (May 2018; https:// www.bls.gov/oes/current/oes173027.htm). Additionally, according to the 2016 Annual Survey of Manufacturers for NAICS code 33522, major appliance manufacturing, wages represent approximately 71 percent of the total cost of employment for an employer. (AMS 2016, NAICS code 33522; https:// www.census.gov/programs-surveys/asm.html.) PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 requiring some models to be re-labeled with the updated annual energy consumption values. Based on review of the Compliance Certification Database in DOE’s Compliance Certification Management System (CCMS), DOE has identified 1,334 models with automatic icemakers, representing 28 manufacturers that could be impacted by this proposed amendment. As discussed in the previous section, DOE estimates approximately one hour for an employee to re-label a consumer freezer with automatic icemakers based on the proposed updated energy consumption values. Using the average wage rate plus employer provided benefits for an employee to re-label models of $39.35 per hour, calculated in the previous section, DOE anticipates industry would incur costs of approximately $52,500 one year after this test procedure is finalized. DOE requests comment on its understanding of the impact and associated costs of the proposed amendment regarding energy use associated with automatic icemaking. d. Impact of the Other Proposed Amendments DOE anticipates that the remainder of the amendments proposed in this NOPR would not impact manufacturers’ test or certification costs. Most of the proposed amendments would provide additional specificity to the applicability and conduct of the test procedures. DOE has initially determined that these other proposed amendments would not require changes to the designs of consumer refrigeration products, and that the proposed amendments would not impact the utility or availability of these products. The other proposed amendments would not impact the representations of energy efficiency or energy use of consumer refrigeration products. As a result, manufacturers would be able to rely on data generated under the current test procedure, should the proposed amendments be finalized. Manufacturers would not be required to retest consumer refrigeration products as a result of DOE’s adoption of the other proposed amendments to the test procedure. DOE requests comment on its understanding of the impact and associated potential costs of these proposed amendments. 2. Harmonization With Industry Standards The test procedures for consumer refrigeration products at Appendix A and Appendix B incorporate by E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules reference the AHAM industry standard HRF–1–2008. DOE references HRF–1– 2008 for definitions, installation and operating conditions, temperature measurements, and volume measurements. In August 2016, AHAM released an updated version of the HRF– 1 standard, HRF–1–2016, which DOE is evaluating as part of this rulemaking. As noted in comments from interested parties, the updates included in HRF–1– 2016 harmonize with the current DOE test procedure. This includes updates to definitions, test requirements, formatting, and organization that are consistent with DOE’s requirements. DOE requests comments on the benefits and burdens of the proposed updates and additions to industry standards referenced in the test procedure for consumer refrigeration products. DOE also requests comment on the benefits and burdens of adopting any industry/voluntary consensus-based or other appropriate test procedure, without modification. DOE notes that it is also aware of other international standards for testing consumer refrigeration products. AS/ NZS 4474.1:2007 and Standard 62552:2007 (as well as a newer 2015 version) are used as test standards for international efficiency programs. These tests follow a similar methodology to the DOE and AHAM HRF–1 procedures—a closed door test in elevated ambient temperatures. However, the international standards vary from the DOE test by specifying different standardized compartment temperatures, ambient temperatures, and test periods. DOE has carefully considered these requirements when developing its existing test procedures and expects that its procedures, with HRF–1 incorporated by reference, result in energy use ratings that are the most representative of consumer use in the United States, while limiting test burden. lotter on DSKBCFDHB2PROD with PROPOSALS4 3. Other Test Procedure Topics In addition to the issues identified earlier in this document, DOE welcomes comment on any other aspect of the existing test procedures for consumer refrigeration products not already addressed by the specific areas identified in this document. DOE particularly seeks information that would ensure that the test procedure measures energy efficiency during a representative average use cycle or period of use, as well as information that would help DOE create a procedure that would limit manufacturer test burden. Comments regarding VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 repeatability and reproducibility are also welcome. In particular, DOE notes that under Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ Executive Branch agencies such as DOE must manage the costs associated with the imposition of expenditures required to comply with Federal regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that Executive Order, DOE encourages the public to provide input on measures DOE could take to lower the cost of its regulations applicable to consumer refrigeration products consistent with the requirements of EPCA. IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 The Administrator of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) has determined that the proposed regulatory action is a significant regulatory action under section (3)(f) of Executive Order 12866. Accordingly, this action was reviewed by OIRA in the Office of Management and Budget (OMB). B. Review Under Executive Orders 13771 and 13777 On January 30, 2017, the President issued Executive Order (E.O.) 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs.’’ E.O. 13771 stated the policy of the executive branch is to be prudent and financially responsible in the expenditure of funds, from both public and private sources. E.O. 13771 stated it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. Additionally, on February 24, 2017, the President issued E.O. 13777, ‘‘Enforcing the Regulatory Reform Agenda.’’ E.O. 13777 required the head of each agency designate an agency official as its Regulatory Reform Officer (RRO). Each RRO oversees the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. Further, E.O. 13777 requires the establishment of a regulatory task force at each agency. The regulatory task force is required to make recommendations to the agency head regarding the repeal, replacement, or modification of existing regulations, consistent with applicable law. At a minimum, each regulatory reform task force must attempt to identify regulations that: PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 70861 (i) Eliminate jobs, or inhibit job creation; (ii) Are outdated, unnecessary, or ineffective; (iii) Impose costs that exceed benefits; (iv) Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (v) Are inconsistent with the requirements of Information Quality Act, or the guidance issued pursuant to that Act, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or (vi) Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. DOE initially concludes that this rulemaking is consistent with the directives set forth in these executive orders. This proposed rule is estimated to result in a cost savings. The proposed rule would yield an annualized cost savings of approximately $907,000 (2016$) using a perpetual time horizon discounted to 2016 at a 7 percent discount rate. Therefore, if finalized as proposed, this rule is expected to be an E.O. 13771 deregulatory action. C. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (IRFA) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ 67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel’s website: http://energy.gov/gc/ office-general-counsel. DOE reviewed this proposed rule to amend the test procedures for consumer refrigeration products under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. This NOPR proposes to amend DOE’s consumer refrigeration products test procedure to include a compartment definition; incorporate by reference AHAM HRF–1–2016; revise the energy- E:\FR\FM\23DEP4.SGM 23DEP4 70862 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS4 use adder for automatic icemakers; provide further specification on test setup, conduct, and calculations; require that the stabilization period be used as the test period for certain products; and correct minor issues in Appendix A and Appendix B. DOE uses the Small Business Administration’s (‘‘SBA’’) small business size standards to determine whether manufacturers qualify as small businesses, which are listed by the North American Industry Classification System (‘‘NAICS’’).27 The SBA considers a business entity to be a small business, if, together with its affiliates, it employs less than a threshold number of workers specified in 13 CFR part 121. The 2017 NAICS code for consumer refrigeration products is 335220, major household appliance manufacturing.28 The threshold number for NAICS code 335220 is 1,500 employees. This employee threshold includes all employees in a business’s parent company and any other subsidiaries. Most of the manufacturers supplying consumer refrigeration products are large multinational corporations. DOE conducted a focused inquiry into small business manufacturers of products covered by this rulemaking. DOE primarily used DOE’s Compliance Certification Database 29 for consumer refrigerators, refrigerator-freezers, and freezers to create a list of companies that sell consumer refrigeration products covered by this rulemaking in the United States. DOE identified a total of 67 distinct companies that sell consumer refrigeration products in the United States. DOE then reviewed these companies to determine whether the entities met the SBA’s definition of ‘‘small business’’ and screened out any companies that do not offer products covered by this rulemaking, do not meet the definition of a ‘‘small business,’’ or are foreignowned and operated. Based on this review, DOE has identified eight domestic manufacturers of consumer refrigeration products that are potential small businesses. Through this analysis, DOE has determined the expected effects of this rulemaking on these covered small businesses and whether an IRFA was needed (i.e., whether DOE 27 Available online at: https://www.sba.gov/ document/support-table-size-standards. 28 The NAICS Association updated its industry classification codes in early 2017. The previous 2012 NAICS code for consumer refrigerators, refrigerator-freezers, and freezers was 335222, household refrigerator and home freezer manufacturing. 29 www.regulations.doe.gov/certification-data. Accessed October 5, 2018. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 could certify that this rulemaking would not have a significant impact). DOE is proposing to combine the stabilization period with the test period for certain products. DOE expects that this proposal would decrease test duration by at least 6 hours for these models (reflecting the 3-hour minimum test period duration at two temperature settings) and up to 48 hours (reflecting 24-hour test periods at each setting). DOE estimates that this would translate to a cost savings of $500 per test for these models (an estimated 10 percent of total testing costs). Based on review of the Compliance Certification Database in DOE’s CCMS, DOE has identified 312 models affected by the proposed amendment of the stabilization period, representing seven small domestic manufacturers. Additionally, based on data from DOE’s Compliance Certification Database, DOE anticipates that small domestic manufacturers would replace or modify existing models every 3.5 years; therefore, on average, small domestic manufacturers would introduce approximately 89 new or modified models each year that would use these shorter overall testing periods. Because DOE requires manufacturers to test at least two units per model, small manufacturers would on average conduct 178 tests annually using these shorter overall testing periods. Using these estimates, DOE anticipates the proposed stabilization amendment would save small domestic manufacturers approximately $89,000 per year. Therefore, DOE determined that this proposed amendment to the test procedure would lead to cost savings for small domestic manufacturers. FSI commented in response to the June 2017 RFI that, on average, they pay between $4,500 and $5,000 per refrigerator test conducted at outside laboratories. FSI further stated that test costs can be reduced and procedures simplified by allowing the use of manufacturers’ stated volumes (from computer-aided design (‘‘CAD’’) or other accurate drawings and calculations) instead of requiring a measurement for each test. FSI noted that this approach is likely to be more accurate than manual measurements, referencing a NIST study identifying as high as a 40percent discrepancy between laboratories measuring volume in compact refrigerators. To minimize test cost and burden, FSI recommended: Accepting manufacturer volume calculations, accepting a wider range of temperatures (e.g., 40 or 41 °F in the fresh food compartment for dual zone units), and allowing more simplified PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 and flexible probe locations. (FSI, No. 6 at pp. 1, 3) DOE is not proposing any amendments to the test procedures for consumer refrigeration products that would increase the cost of these tests at third-party or manufacturer test laboratories. DOE understands that relying on CAD to calculate volumes decreases test burden compared to physically measuring volume on each test unit. Accordingly, DOE already allows manufacturers to use such designs in certifying product volumes. In 10 CFR 429.72, DOE states that total refrigerated volume of a basic model may be determined by performing a calculation of the volume based upon CAD models of the basic model in lieu of physical measurements of a production unit of the basic model, according to the applicable provisions in the test procedures for measuring volume. DOE is not proposing amendments to allow different ranges for standardized compartment temperatures nor to allow for multiple thermocouple locations during testing (except for when the standardized locations cannot be followed). These test requirements ensure that test results are comparable between models and between test facilities. The requirements also limit variability by ensuring that the test is conducted consistently for a given model. Therefore, DOE is proposing to maintain the existing standardized compartment temperatures and thermocouple locations. FSI further commented that DOE’s test procedures impose a significant burden on businesses. For small businesses, FSI stated that staff time for testing is not available for innovating, designing, or researching, and that the complexity of the test procedure makes it unlikely that anyone with less than an engineering degree or equivalent would be able to read, interpret, and implement the testing and reporting. FSI commented that testing to understand uncertainty regarding repeatability and reproducibility is worthwhile to better understand the limitations of the test procedure, but it is unaware of results of any such testing. FSI noted that the NIST study for volume measurements showed significant differences between laboratories and would argue that the test procedures are too complex. For a small business, FSI commented that the burden is magnified by smaller available resources and a smaller base of sales. (FSI, No. 6 at pp. 2–3) As stated earlier in this section, DOE is not proposing any amendments to the test procedures for consumer refrigeration products that would increase the cost of these tests at third- E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules party or manufacturer test laboratories. Similarly, none of the proposed amendments would increase the test procedure complexity beyond the current level. DOE requests feedback on how the test procedure may be simplified to further reduce the burden associated with manufacturer testing. The proposed test procedure amendments could increase burden on small businesses either due to potential re-testing of products with demand response capabilities and/or re-labeling of products with automatic icemakers. DOE was not able to identify any small businesses that manufacture products with demand response capabilities.30 Based on review of the Compliance Certification Database in DOE’s CCMS, DOE has identified 109 models of consumer refrigerators, refrigeratorfreezers, and freezers, representing four small businesses, that manufacture products with automatic icemakers. Using these estimates, DOE estimates that the four small businesses manufacturing products with automatic icemakers would incur a one-time relabeling cost of approximately $4,290, or approximately $1,072 per small business. As previously discussed, DOE expects that the proposed merging of the stabilization and test periods for certain models would decrease manufacturer test burden for small businesses, by approximately $89,000 per year. Overall, DOE estimates that the proposed amendments for small businesses would translate to a cost savings of approximately $84,700 in the year small businesses must re-label products with automatic icemakers and then cost savings of approximately $89,000 each year after. Therefore, DOE concludes that the impacts of the proposed test procedure amendments in this NOPR would not have a ‘‘significant economic impact on a substantial number of small entities,’’ and that the preparation of an IRFA is not warranted. DOE will transmit the certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). DOE seeks comment on its initial finding that eight small businesses manufacture consumer refrigeration products in the United States with fewer than 1,500 total employees. Additionally, DOE requests comment on its determination that the proposed amendments would not have a 30 Based on DOE’s search of the ENERGY STAR database. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 significant economic impact on these small businesses. D. Review Under the Paperwork Reduction Act of 1995 Manufacturers of consumer refrigeration products must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including consumer refrigeration products. (See generally 10 CFR part 429.) 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 35 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. E. Review Under the National Environmental Policy Act of 1969 DOE is analyzing this proposed regulation in accordance with the National Environmental Policy Act of 1969 (NEPA) and DOE’s NEPA implementing regulations (10 CFR part 1021). DOE’s regulations include a categorical exclusion for rulemakings interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. 10 CFR part 1021, subpart D, Appendix A5. DOE anticipates that this rulemaking qualifies for categorical exclusion A5 because it is an interpretive rulemaking that does not change the environmental effect of the rule and otherwise meets the requirements for application of a categorical exclusion. See 10 CFR 1021.410. DOE will complete its NEPA review before issuing the final rule. PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 70863 F. Review Under Executive Order 13132 Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (Aug. 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this proposed rule and has determined that it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive Order 13132. G. 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 E:\FR\FM\23DEP4.SGM 23DEP4 70864 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS4 defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the proposed rule meets the relevant standards of Executive Order 12988. H. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (‘‘UMRA’’) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104–4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed ‘‘significant intergovernmental mandate,’’ and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; also available at http://energy.gov/gc/office-generalcounsel. DOE examined this proposed 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, so these requirements do not apply. I. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Public Law 105–277) requires VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. The proposed regulatory action would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects. J. Review Under Executive Order 12630 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. The proposed amendments to the test procedures for consumer refrigeration products incorporate testing methods contained in certain sections of the following commercial standard: AHAM Standard HRF–1–2016, ‘‘Energy and Internal Volume of Refrigerating Appliances,’’ including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet issued August 3, 2016. DOE has evaluated this standard and is unable to conclude whether it fully complies with the requirements of section 32(b) of the FEAA, (i.e., that they were developed in a manner that fully provides for public participation, comment, and review). DOE will consult with the Attorney General and the Chairman of the FTC concerning the impact of this test procedure on competition, prior to prescribing a final rule. DOE has determined, under Executive Order 12630, ‘‘Governmental Actions and Interference with Constitutionally Protected Property Rights’’ 53 FR 8859 (March 18, 1988), that this regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. K. 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 proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. L. Review Under Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 N. Description of Materials Incorporated by Reference In this NOPR, DOE proposes to incorporate by reference the test standard published by AHAM, titled ‘‘Energy and Internal Volume of Refrigerating Appliances,’’ HRF–1– 2016, including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet issued August 3, 2016. HRF–1–2016 is an industry standard used to evaluate energy use and refrigerated volume for E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules consumer refrigeration products. Specifically, the test procedures proposed in this NOPR would reference: (i) Section 3–Definitions; (ii) Section 4– Method for Computing Refrigerated Volume of Refrigerators, RefrigeratorFreezers, Wine Chillers, and Freezers; Section 4.2–Total volume; Section 4.3– Legend for Figures 4–1 through 4–3; Figure 4–2; and Figure 4–3; and (iii) Section 5–Method for Determining the Energy Consumption of Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; Section 5.3.2–Ambient Relative Humidity through Section 5.5.6.4–Freezer Compartment Temperature (Automatic Defrost Freezer); Figure 5–1; and Figure 5–2. Copies of HRF–1–2016 may be purchased from the Association of Home Appliance Manufacturers at 1111 19th Street NW, Suite 402, Washington, DC 20036, (202) 872–5955, or by going to http://www.aham.org/. The incorporation by reference of AS/ NZS 4474.1:2007 in appendix A to subpart B of part 430 has already been approved by the Director of the Federal Register and there are no proposed changes in this NOPR. V. Public Participation lotter on DSKBCFDHB2PROD with PROPOSALS4 A. Attendance at Public Meeting The time, date and location of the public meeting are listed in the DATES and ADDRESSES sections at the beginning of this document. If you plan to attend the public meeting, please notify the Appliance and Equipment Standards Program staff at (202) 287–1445 or by email: Appliance_Standards_Public_ Meetings@ee.doe.gov. Please note that foreign nationals visiting DOE Headquarters are subject to advance security screening procedures which require advance notice prior to attendance at the public meeting. If a foreign national wishes to participate in the public meeting, please inform DOE of this fact as soon as possible by contacting Ms. Regina Washington at (202) 586–1214 or by email: Regina.Washington@ee.doe.gov so that the necessary procedures can be completed. DOE requires visitors to have laptops and other devices, such as tablets, checked upon entry into the building. Any person wishing to bring these devices into the Forrestal Building will be required to obtain a property pass. Visitors should avoid bringing these devices, or allow an extra 45 minutes to check in. Please report to the visitor’s desk to have devices checked before proceeding through security. Due to the REAL ID Act implemented by the Department of Homeland VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 Security (DHS), there have been recent changes regarding ID requirements for individuals wishing to enter Federal buildings from specific states and U.S. territories. DHS maintains an updated website identifying the State and territory driver’s licenses that currently are acceptable for entry into DOE facilities at https://www.dhs.gov/real-idenforcement-brief. Acceptable alternate forms of Photo-ID include a U.S. Passport or Passport Card; an Enhanced Driver’s License or Enhanced ID-Card issued by States and territories identified on the DHS website (Enhanced licenses issued by these states are clearly marked Enhanced or Enhanced Driver’s License); a military ID; or other Federal government issued Photo-ID card. In addition, you can attend the public meeting via webinar. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s website: https://www1.eere.energy.gov/ buildings/appliance_standards/ standards.aspx?productid=37&action= viewlive. Participants are responsible for ensuring their systems are compatible with the webinar software. B. Procedure for Submitting Prepared General Statements for Distribution Any person who has plans to present a prepared general statement may request that copies of his or her statement be made available at the public meeting. Such persons may submit requests, along with an advance electronic copy of their statement in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to the appropriate address shown in the ADDRESSES section at the beginning of this document. The request and advance copy of statements must be received at least one week before the public meeting and may be emailed, hand-delivered, or sent by mail. DOE prefers to receive requests and advance copies via email. Please include a telephone number to enable DOE staff to make a follow-up contact, if needed. C. Conduct of Public Meeting DOE will designate a DOE official to preside at the public meeting and may also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A court reporter will be present to record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 70865 procedures governing the conduct of the public meeting. After the public meeting and until the end of the comment period, interested parties may submit further comments on the proceedings and any aspect of the rulemaking. The public meeting will be conducted in an informal, conference style. DOE will present summaries of comments received before the public meeting, allow time for prepared general statements by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will permit, as time permits, other participants to comment briefly on any general statements. At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer questions by DOE and by other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the public meeting. A transcript of the public meeting will be included in the docket, which can be viewed as described in the Docket section at the beginning of this document. In addition, any person may buy a copy of the transcript from the transcribing reporter. D. Submission of Comments DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this proposed rule. Interested parties may submit comments using any of the methods described in the ADDRESSES section at the beginning of this proposed rule. Submitting comments via http:// www.regulations.gov. The http:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 70866 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to http:// www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through http:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through http://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that http:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or postal mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to http://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include (1) a description of the items, (2) whether and why such items are customarily treated as confidential within the industry, (3) whether the information is generally known by or available from other sources, (4) whether the information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E. Issues on Which DOE Seeks Comment Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues: 1. The proposed definition for ‘‘compartment’’ and whether any further clarifying amendments are needed for the use of the term ‘‘compartment.’’ (See section III.B.2 of this document.) 2. The proposal to update the industry standard reference to HRF–1–2016, and whether the updated reference would substantively impact any test requirements. (See section III.C of this document.) 3. The proposal to change the current icemaker fixed adder from 84 kWh per year to 28 kWh per year to better reflect typical residential ice making and consumption, and whether this adder is appropriate for products incorporating multiple icemakers. (See section III.D of this document.) 4. The proposal to amend the energy conservation standards for consumer refrigeration products with automatic icemakers in accordance with 42 U.S.C. 6293(e), including the proposed oneyear lead-time period. (See section III.D of this document.) 5. The proposal to maintain the freestanding test approach for built-in products. (See section III.E of this document.) 6. The proposed clarification to the thermocouple configuration for drawer freezer compartments. (See section III.F.1 of this document.) 7. The proposal to clarify that floors with holes or vents for airflow be subject to the existing platform requirements. (See section III.F.2 of this document.) 8. The proposed instructions for testing products with separate external temperature controls. (See section III.F.3 of this document.) 9. The proposed revisions to the vertical gradient and stabilization test conditions, including the proposed requirement that, in certain test situations, the stabilization period serve as the test period. (See section III.G of this document.) 10. Whether additional test procedures amendments are necessary to accurately reflect energy use of products with door-in-door designs, products that incorporate display screens, or products with connected functions. (See section III.H of this document.) 11. Whether additional test procedure amendments may be appropriate to address issues identified in existing test procedure waivers. (See section III.J.2 of this document.) E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules 12. The testing cost impacts and manufacturer burden associated with the test procedure amendments described in this document, including, but not limited to, the proposed stabilization and test period amendment, the proposed amendment regarding products with demandresponse capabilities, and the proposed amendment regarding the automatic icemaker energy adder. (See section III.K.1 of this document.) 13. The benefits and burdens of adopting any industry/voluntary consensus-based or other appropriate test procedure, without modification. (See section III.K.2 of this document.) 14. Any other aspect of the existing test procedure for consumer refrigeration products not already addressed by the specific areas identified in this document. DOE particularly seeks information that would improve the representativeness of the test procedure, as well as information that would help DOE create a procedure that would limit manufacturer test burden. Comments regarding repeatability and reproducibility are also welcome. (See section III.K.3 of this document.) 15. Information that would help DOE create procedures that would limit manufacturer test burden through streamlining or simplifying testing requirements. Consistent with Executive Order 13771 ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ DOE encourages the public to provide input on measures DOE could take to lower the cost of its regulations applicable to consumer refrigeration products consistent with the requirements of EPCA. (See section III.K.3 of this document.) 16. The initial finding that there are eight small businesses manufacturing consumer refrigeration products in the United States with fewer than 1,500 total employees and that the proposed amendments would not have a significant economic impact on these small businesses. (See section IV.C of this document.) VI. Approval of the Office of the Secretary lotter on DSKBCFDHB2PROD with PROPOSALS4 The Secretary of Energy has approved publication of this proposed rule. List of Subjects in 10 CFR Part 430 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 Signed in Washington, DC, on November 18, 2019. Alexander Fitzsimmons, Acting Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. For the reasons stated in the preamble, DOE is proposing to amend part 430 of Chapter II of Title 10, Code of Federal Regulations as set forth below: PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 1. The authority citation for part 430 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 2461 note. 2. In § 430.3 revise paragraph (i)(4) to read as follows: ■ § 430.3 Materials incorporated by reference. * * * * * (i) * * * (4) AHAM HRF–1–2016, (‘‘HRF–1– 2016’’), Energy and Internal Volume of Refrigerating Appliances (January 1, 2016), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet (August 3, 2016), IBR approved for appendices A and B to subpart B of this part. * * * * * ■ 3. Appendix A to subpart B of part 430 is amended by: ■ a. Revising the introductory note and sections 1, 2.1.2, 2.1.3, 2.2, 2.6, 2.7, 2.9, 3.2.1.1, 3.2.1.2, 3.2.1.3, 3.2.3, 4.1, 4.2.1, 4.2.1.1, 4.2.3.4.2, 5.1, 5.1.3, 5.1.4, 5.1.5, 5.3, and 6.2.3.1; ■ b. Removing section 2.10; and ■ c. Adding new sections 0, 2.10, and 6.2.3.3. The additions and revisions 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: Prior to [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE], any representations of energy use of consumer refrigeration products must be based on the results of testing pursuant to either this appendix or the procedures in Appendix A as it appeared at 10 CFR part 430, subpart B, Appendix A, in the 10 CFR parts 200 to 499 edition revised as of January 1, 2019. Any representations of energy use must be in accordance with whichever version is selected. On or after [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE], any representations of energy use must be based on the results of testing pursuant to this appendix. PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 70867 For refrigerators and refrigerator-freezers, manufacturers must use the rounding requirements specified in sections 5.3.e and 6.1 of this appendix for all representations of energy use on or after the compliance date of any amendment of energy conservation standards for these products published after [DATE OF PUBLICATION OF THE FINAL RULE]. For combination cooler refrigeration products, manufacturers must use the test procedures in this appendix for all representations of energy use on or after October 28, 2019. Section 0. Incorporation by Reference DOE incorporated by reference HRF–1– 2016 in its entirety in § 430.3; however, only enumerated provisions of this document are applicable to this appendix, as follows: (a) AHAM HRF–1–2016, (‘‘HRF–1–2016’’), Energy and Internal Volume of Refrigerating Appliances (January 1, 2016), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet, as follows: (i) Section 3—Definitions, as specified in section 1 of this appendix; and Section 3.34, as specified in section 5.3 of this appendix; (ii) Section 4—Method for Computing Refrigerated Volume of Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; Section 4.2—Total volume; Section 4.3—Legend for Figures 4–1 through 4–3; Figure 4–2; and Figure 4–3, as specified in section 5.3 of this appendix; and (iii) Section 5—Method for Determining the Energy Consumption of Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; Section 5.5.1, as specified in section 2.6 of this appendix; Section 5.3.2— Ambient Relative Humidity through Section 5.5.6.4—Freezer Compartment Temperature (Automatic Defrost Freezer), as specified in sections 2.2, and 2.6 of this appendix; and Figure 5–1; and Figure 5–2, as specified in section 5.1 of this appendix. 1. Definitions Section 3, Definitions, of HRF–1–2016 applies to this test procedure, except that the term ‘‘wine chiller’’ means ‘‘cooler’’ as defined in § 430.2. 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 E:\FR\FM\23DEP4.SGM 23DEP4 lotter on DSKBCFDHB2PROD with PROPOSALS4 70868 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules 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. Compartment means an enclosed space within a consumer refrigeration product that is directly accessible through one or more external doors and may be divided into subcompartments. 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. 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) as determined according to § 429.14(d)(2) or § 429.61(d)(2) of this chapter. 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–1–2016 means AHAM Standard HRF– 1–2016, Association of Home Appliance Manufacturers, Energy and Internal Volume VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 of Refrigerating Appliances (2016), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet issued August 3, 2016. Only sections of HRF– 1–2016 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–1–2016. 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, ‘‘multiplecompressor 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. Stable operation means operation after steady-state conditions have been achieved but excluding any events associated with defrost cycles. During stable operation the 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. Sub-compartment means an enclosed space within a compartment that may have PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 a different operating temperature from the compartment within which it is located. 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 * * * * * 2.1.2 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) during the stabilization period and the test period. 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. The top of the unit under test shall be determined by the refrigerated cabinet height, excluding any special or protruding components on the top of the unit. 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. For a test chamber floor that allows for airflow through the floor (e.g., through a vent or holes), any airflow pathways through the floor must be located at least 1 foot away from all sides of the unit. 2.2 Operational Conditions. The unit under test shall be installed and its operating E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules conditions maintained in accordance with sections 5.3.2 through 5.5.6.4 of HRF–1– 2016. Exceptions and clarifications to the cited sections of HRF–1–2016 are noted in sections 2.3 through 2.8, 2.10, and 5.1 of this appendix. * * * * * 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 section 5.5.1 of HRF–1–2016; (d) Temperature control settings for testing shall be as described in section 3 of this appendix. Settings for temperaturecontrollable sub-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 °F (12.8 °C) and also capable of operating at storage temperatures less than 37 °F. Subcompartments with a temperature control shall be tested with controls set to provide the coldest temperature. However, for subcompartments 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 subcompartments at their coldest settings, and the second set of tests shall be conducted with such sub-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. * * * * * 2.9 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 temperature 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 at least 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 External Temperature Controls. If a product’s controls are external to the cabinet assembly, the product shall be connected to the controls as needed for normal operation. Any additional equipment 70869 needed to ensure that the controls function properly shall not interfere with ambient airflow around the product or any other test conditions. If the controls provide temperature settings for additional separate products, the controls for those products shall be set to the ‘‘off’’ position during testing. 3. Test Control Settings * * * * * 3.2.1.1 Setting Temperature Controls. For mechanical control systems, knob detents shall be mechanically defeated if necessary to attain a median setting, and 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 median setting 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. 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 lotter on DSKBCFDHB2PROD with PROPOSALS4 Mid for all compartments. ............................... VerDate Sep<11>2014 Results Setting Results All compartments low Warm for all compartments. All compartments low Second Test Only. One or more compartments high. All compartments low First and Second Test. One or more compartments high. Model may not be certified as compliant with energy conservation standards based on testing of this unit. Confirm that unit meets product definition. If so, see section 7 of this appendix. One or more compartments high. 21:18 Dec 20, 2019 Jkt 250001 Cold for all compartments. PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 First and Second Test. E:\FR\FM\23DEP4.SGM 23DEP4 70870 * * Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules * * * 3.2.3 Temperature Settings for Convertible Compartments. For 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 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 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, the measured temperature of the convertible compartment rather than the settings shall meet the specified criteria. * * * * * * * 4. Test Period * * * 4.1 Non-automatic Defrost. If the model being tested has no automatic defrost system, the test period shall be the stabilization period specified in section 2.9(a) of this appendix. * * * * * lotter on DSKBCFDHB2PROD with PROPOSALS4 4.2.1 Long-time Automatic Defrost. If the model being tested has a long-time automatic defrost system, the two-part test described in this section may be used. If steady-state conditions are determined according to section 2.9(a) of this appendix, the first part is a stable period of compressor operation VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 that includes no portions of the defrost cycle, such as precooling or recovery, that is otherwise the same as the test for a unit having no defrost provisions (section 4.1 of this appendix). If steady-state conditions are determined according to section 2.9(b) of this appendix, the first part of the test shall start after steady-state conditions have been achieved and be no less than three hours in duration. During the test period, the compressor motor shall complete two or more whole compressor cycles. (A compressor cycle is a complete ‘‘on’’ and a complete ‘‘off’’ period of the motor.) If no ‘‘off’’ cycling occurs, the test period shall be three hours. If fewer than two compressor cycles occur during a 24-hour period, then a single complete compressor cycle may be used. The second part is designed to capture the energy consumed during all of the events occurring with the defrost control sequence that are outside of stable operation. 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 be within 0.5 °F (0.3 °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 °F (0.3 °C), these compressor cycles are not considered regular compressor cycles and must be included in the second PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 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 be within 0.5 °F (0.3 °C) of the 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. If average compartment temperatures measured over individual compressor cycles are never within 0.5 °F (0.3 °C) of the average temperatures measured for the first part of the test (for example, in products with irregular compressor cycling), the start of the second part of the test shall be at the beginning of a period of multiple complete compressor cycles prior to the defrost over which average temperatures are within 0.5 °F (0.3 °C) of the average temperatures measured for the first part of the test. Similarly, the end of the second part of the test shall be at the end of a period of multiple complete compressor cycles after the defrost over which average compartment temperatures are within 0.5 °F (0.3 °C) of the average measured for the first part of the test. E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules 70871 Flprel delat 1l f- 11 21 * * * I I STARl'SICOND INDSECOND PUTOl'UST f'ARTOl'UST * 4.2.3.4.2 Second Part of Test. (a) If at least one compressor cycles, the test period for the second part of the test starts during stable operation before all portions of the defrost cycle, at the beginning of a complete primary compressor cycle. The test period for the second part of the test ends during stable operation after all portions of the defrost cycle, including recovery, at the termination of a complete primary compressor cycle. The start and stop for the test period shall both occur either when the primary compressor starts or when the primary compressor stops. For each compressor system, the compartment temperature averages for the first and last complete compressor cycles that lie completely within the second part of the test must be within 0.5 °F (0.3 °C) of the average compartment temperature measured for the first part of the test. If any one of the compressor systems is non-cycling, its compartment temperature averages during the first and last complete primary compressor cycles of the second part of the test must be within 0.5 °F (0.3 °C) of the average compartment temperature measured for the first part of the test. (1) If average compartment temperatures measured over individual compressor cycles are never within 0.5 °F (0.3 °C) of the average temperatures measured for the first part of the test (for example, in products with irregular compressor cycling), the start of the second part of the test shall be at the beginning of a period of multiple complete VerDate Sep<11>2014 I 21:18 Dec 20, 2019 Jkt 250001 compressor cycles prior to the defrost over which average temperatures are within 0.5 °F (0.3 °C) of the average temperatures measured for the first part of the test. Similarly, the end of the second part of the test shall be at the end of a period of multiple complete compressor cycles after the defrost over which average temperatures are within 0.5 °F (0.3 °C) of the average temperatures measured for the first part of the test. (2) If these criteria cannot be met, the test period shall comprise at least 24 hours, unless a second defrost occurs prior to completion of 24 hours, in which case the test shall comprise at least 18 hours. The test period shall start at the end of a regular freezer compressor on-cycle after the previous defrost occurrence (refrigerator or freezer). The test period also includes the target defrost and following freezer compressor cycles, ending at the end of a freezer compressor on-cycle before the next defrost occurrence (refrigerator or freezer). (b) If no compressor cycles, the test period for the second part of the test starts during stable operation before all portions of the defrost cycle, when the compartment temperatures of all compressor systems are within 0.5 °F (0.3 °C) of their average temperatures measured for the first part of the test. The test period for the second part ends during stable operation after all portions of the defrost cycle, including recovery, when the compartment temperatures of all compressor systems are within 0.5 °F (0.3 °C) PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 of their average temperatures measured for the first part of the test. * * * * * 5. Test Measurements 5.1 Temperature Measurements. (a) Temperature measurements shall be made at the locations prescribed in HRF–1–2016 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 Figure 5–1 or Figure 5–2 of HRF–1–2016, 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 Figure 5–2 of HRF–1- 2016 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 E:\FR\FM\23DEP4.SGM 23DEP4 EP23DE19.008</GPH> lotter on DSKBCFDHB2PROD with PROPOSALS4 * ·I~. 8 Isis ! i etld1 ts 70872 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules * * * Where: R is the total number of applicable fresh food compartments; 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: TF = Ef,.1(TF,) x (VF,) If,..1(VFJ Where: F is the total number of applicable 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’’. 5.1.5 Cooler Compartment Temperature. The cooler compartment temperature shall be calculated as: Where: C is the total number of applicable cooler compartments; 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.’’ lotter on DSKBCFDHB2PROD with PROPOSALS4 * * * * * 5.3 Volume Measurements. (a) The unit’s total refrigerated volume, VT, shall be measured in accordance with sections 3.34, 4.2 through 4.3 of HRF–1–2016. 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–1–2016, 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, VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 * * * * * 6. Calculation of Derived Results From Test Measurements * * * * * 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; For representations of energy use before [DATE ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in kilowatt-hours per cycle, equals 0.23 for a product with one or more automatic icemakers and otherwise equals 0 (zero); For representations of energy use on or after [DATE ONE YEAR AFTER DATE OF PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 * * * * * 6.2.3.3 Optional Test for Models with Two Compartments and User-Operable Controls. If the procedure of section 3.3 of this appendix is used for setting temperature controls, the average per-cycle energy consumption shall be defined as follows: E = Ex + IET Where: E is defined in 6.2.1.1 of this appendix; IET is defined in 6.2.3.1 of this appendix; and Ex is defined and calculated as described in appendix M, section M4(a) of AS/NZS 4474.1:2007 (incorporated by reference; see § 430.3). The target temperatures txA and txB defined in section M4(a)(i) of AS/ NZS 4474.1:2007 shall be the standardized temperatures defined in section 3.2 of this appendix. * * * * * 4. Appendix B to subpart B of part 430 is amended by: ■ a. Revising the introductory note and sections 1, 2.1.2, 2.1.3, 2.2, 2.4, 2.5, 2.7, 2.8, 3.1, 3.2, 3.2.1, 4.1, 4.2.1, 4.2.1.1, 5.1, 5.1.3, 5.3, 6.1, and 6.2.1; ■ b. Removing section 2.8; ■ c. Redesignating section 2.9 as 2.8; and ■ d. Adding new sections 0 and 2.9. The additions and revisions read as follows: ■ Appendix B to Subpart B of Part 430— Uniform Test Method for Measuring the Energy Consumption of Freezers Note: Prior to [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE], any representations of energy use of freezers must be based on the results of testing pursuant to either this appendix or the procedures in Appendix B as it appeared at 10 CFR part 430, subpart B, Appendix B, in the 10 CFR parts 200 to 499 edition revised as of January 1, 2019. Any representations of energy use must be in accordance with whichever version is selected. On or after [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE], any representations of energy use must be based on the results of testing pursuant to this appendix. For freezers, manufacturers must use the rounding requirements specified in sections 5.3.e and 6.1 of this appendix for all representations of energy use on or after the compliance date of any amendment of energy conservation standards for these products published after [DATE OF PUBLICATION OF THE FINAL RULE]. 0. Incorporation by Reference DOE incorporated by reference HRF–1– 2016 in its entirety in § 430.3; however, only E:\FR\FM\23DEP4.SGM 23DEP4 EP23DE19.011</GPH> * 5.1.3 Fresh Food Compartment Temperature. The fresh food compartment temperature shall be calculated as: PUBLICATION OF THE FINAL RULE], IET, expressed in kilowatt-hours per cycle, equals 0.0767 for a product with one or more automatic icemakers and otherwise equals 0 (zero); and The number 1 indicates the test during which the highest freezer compartment temperature was measured. EP23DE19.010</GPH> * 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-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–1–2016). 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–1–2016). (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. EP23DE19.009</GPH> 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). (c) Freezer compartments that are accessed via a drawer shall be tested according to the Type 6 thermocouple configuration in Figure 5–2 of HRF–1–2016. Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules lotter on DSKBCFDHB2PROD with PROPOSALS4 enumerated provisions of this document are applicable to this appendix, as follows: (a) AHAM HRF–1–2016, (‘‘HRF–1–2016’’), Energy and Internal Volume of Refrigerating Appliances (January 1, 2016), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet, as follows: (i) Section 3—Definitions, as specified in section 1 of this appendix; and Section 3.34, as specified in section 5.3 of this appendix; (ii) Section 4—Method for Computing Refrigerated Volume of Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; Section 4.2—Total volume; Section 4.3—Legend for Figures 4–1 through 4–3; Figure 4–2; and Figure 4–3, as specified in section 5.3 of this appendix; and (iii) Section 5—Method for Determining the Energy Consumption of Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; Section 5.3.2–Ambient Relative Humidity through Section 5.5.6.4–Freezer Compartment Temperature (Automatic Defrost Freezer), as specified in sections 2.2, 2.4, and 2.8 of this appendix; and Figure 5– 2, as specified in section 5.1 of this appendix. 1. Definitions Section 3, Definitions, of HRF–1–2016 applies to this test procedure. Adjusted total volume means the product of the freezer volume as defined in HRF–1– 2016 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 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. Compartment means an enclosed space within a consumer refrigeration product that is directly accessible through one or more external doors and may be divided into subcompartments. 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 VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 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–1–2016 means AHAM Standard HRF– 1–2016, Association of Home Appliance Manufacturers, Energy and Internal Volume of Refrigerating Appliances (2016), including Errata to Energy and Internal Volume of Refrigerating Appliances, Correction Sheet issued August 3, 2016. Only sections of HRF– 1–2016 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–1–2016. 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. 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 rate of change of compartment temperatures 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 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 70873 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. Sub-compartment means an enclosed space within a compartment that may have a different operating temperature from the compartment within which it is located. 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 * * * * * 2.1.2 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) during the stabilization period and the test period. 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. The top of the unit under test shall be determined by the refrigerated cabinet height, excluding any special or protruding components on the top of the unit. 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 E:\FR\FM\23DEP4.SGM 23DEP4 70874 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules underneath, and its top shall extend at least 1 foot (30.5 cm) beyond each side and front of the unit under test and extend to the wall in the rear. For a test chamber floor that allows for airflow through the floor (e.g., through a vent or holes), any airflow pathways through the floor must be located at least 1 foot away from all sides of the unit. 2.2 Operational Conditions. The freezer shall be installed and its operating conditions maintained in accordance with sections 5.3.2 through 5.5.6.4 of HRF–1–2016. The quick freeze option shall be switched off except as specified in section 3.1 of this appendix. Exceptions and clarifications to the cited sections of HRF–1–2016 are noted in sections 2.3 through 2.9 and 5.1 of this appendix. lotter on DSKBCFDHB2PROD with PROPOSALS4 * * * * * 2.4 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 freezer 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 2.6; (c) The electric power supply shall be as described in section 5.5.1 of HRF–1–2016; (d) Temperature control settings for testing shall be as described in section 3 of this appendix. Settings for sub-compartments shall be as described in section 2.5 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). 2.5 Sub-compartments with a temperature control shall be tested with controls set to provide the coldest temperature. However, for sub-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 compartments at their coldest settings, and the second set of tests shall be conducted with such compartments at their warmest settings. The requirements for the warmest or coldest temperature settings of VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 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 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. * * * * * 2.7 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 temperature 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 at least 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. 2.8 For products that require the freezer compartment to be loaded with packages in accordance with section 5.5.6.2 of HRF–1– 2016, the number of packages comprising the 75% load shall be determined by filling the compartment completely with the packages that are to be used for the test, such that the packages fill as much of the usable refrigerated space within the compartment as is physically possible, and then removing from the compartment a number of packages so that the compartment contains 75% of the packages that were placed in the compartment to completely fill it. If multiplying the total number of packages by 0.75 results in a fraction, the number of packages used shall be rounded to the nearest whole number, rounding up if the result ends in 0.5. For multi-shelf units, this method shall be applied to each shelf. For both single- and multi-shelf units, the remaining packages shall be arranged as necessary to provide the required air gap and thermocouple placement. The number of packages comprising the 100% and 75% loading conditions shall be recorded in the test data maintained in accordance with 10 CFR 429.71. 2.9 Products with External Temperature Controls. If a product’s controls are external to the cabinet assembly, the product shall be PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 connected to the controls as needed for normal operation. Any additional equipment needed to ensure that the controls function properly shall not interfere with ambient airflow around the product or any other test conditions. If the controls provide temperature settings for additional separate products, the controls for those products shall be set to the ‘‘off’’ position during testing. 3. Test Control Settings 3.1 Model with No User-Operable Temperature Control. A test shall be performed during which the compartment temperature and energy use shall be measured. A second test shall be performed with the temperature control electrically short circuited to cause the compressor to run continuously. If the model has the quick freeze option, this option must be used to bypass the temperature control. 3.2 Model with User-Operable Temperature Control. Testing shall be performed in accordance with one of the following sections using the standardized temperature of 0.0 °F (¥17.8 °C). 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 5.1.3 of this appendix. 3.2.1 A first test shall be performed with all temperature controls set at their median position midway between their warmest and coldest settings. For mechanical control systems, knob detents shall be mechanically defeated if necessary to attain a median setting, and 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 median setting 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. A second test shall be performed with all controls set at either their warmest or their coldest setting (not electrically or mechanically bypassed), whichever is appropriate, to attempt to achieve compartment temperatures measured during the two tests that bound (i.e., one is above and one is below) the standardized temperature. If the compartment temperatures measured during these two tests bound the standardized temperature, then these test results shall be used to determine energy consumption. If the compartment temperature measured with all controls set at their warmest setting is below the standardized temperature, then the result of this test alone will be used to determine energy consumption. Also see Table 1 of this appendix, which summarizes these requirements. E:\FR\FM\23DEP4.SGM 23DEP4 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules 70875 TABLE 1—TEMPERATURE SETTINGS FOR FREEZERS First test Second test Energy calculation based on: Settings Results Settings Results Mid ............................. Low ............................ Warm ......................... High ............................ Cold ............................ Low ............................ High Low ............................ High ............................ * * * * * * * 4. Test Period * * * 4.1 Non-automatic Defrost. If the model being tested has no automatic defrost system, the test period shall be the same as the stabilization period specified in section 2.7(a) of this appendix. * * * * * lotter on DSKBCFDHB2PROD with PROPOSALS4 4.2.1 Long-time Automatic Defrost. If the model being tested has a long-time automatic defrost system, the two-part test described in this section may be used. If steady-state conditions are determined according to section 2.7(a) of this appendix, the first part is a stable period of compressor operation that includes no portions of the defrost cycle, such as precooling or recovery, that is otherwise the same as the test for a unit having no defrost provisions (section 4.1 of this appendix). If steady-state conditions are determined according to section 2.7(b) of this appendix, the first part of the test shall start after steady-state conditions have been achieved and be no less than three hours in duration. During the test period, the compressor motor shall complete two or more whole compressor cycles. (A compressor cycle is a complete ‘‘on’’ and a complete ‘‘off’’ period of the motor.) If no ‘‘off’’ cycling occurs, the test period shall be VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 three hours. If fewer than two compressor cycles occur during a 24-hour period, then a single complete compressor cycle may be used. The second part is designed to capture the energy consumed during all of the events occurring with the defrost control sequence that are outside of stable operation. 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 temperature of the compartment measured from the termination of the previous compressor ‘‘on’’ cycle to the termination of the last regular compressor ‘‘on’’ cycle must be within 0.5 °F (0.3 °C) of the average temperature of the compartment 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 the compartment to deviate from the 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 compartment temperature 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 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 Second Test Only. First and Second Tests. First and Second Tests. Model may not be certified as compliant with energy conservation standards based on testing of this unit. Confirm that unit meets product definition. If so, see section 7 of this appendix. ‘‘on’’ cycle after the compartment temperatures have fully recovered to their stable conditions. The average temperature of the compartment measured from this termination of the first regular compressor ‘‘on’’ cycle until the termination of the next regular compressor ‘‘on’’ cycle must be within 0.5 °F (0.3 °C) of the average temperature of the compartment measured for the first part of the test. See Figure 1. Note that Figure 1 illustrates the concepts of precooling and recovery but does not represent all possible defrost cycles. If average compartment temperatures measured over individual compressor cycles are never within 0.5 °F (0.3 °C) of the average temperature of the compartment measured for the first part of the test (for example, in products with irregular compressor cycling), the start of the second part of the test shall be at the beginning of a period of multiple complete compressor cycles prior to the defrost over which average temperatures are within 0.5 °F (0.3 °C) of the average temperature of the compartment measured for the first part of the test. Similarly, the end of the second part of the test shall be at the end of a period of multiple complete compressor cycles after the defrost over which average compartment temperatures are within 0.5 °F (0.3 °C) of the average measured for the first part of the test. E:\FR\FM\23DEP4.SGM 23DEP4 70876 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules Figure 1 Long~t.lmt Automatic Defrost Diagnm for (:yeUng Compresson d~let e ;J • t: i~ da Ile< ~~ ;S = !t "" II!: ~•=·.,·---·-••=--•· T2 1igi let 0 1,,1 w Q ---------"I END SECOND SfARtSIC:OND .PAR'f<)fi n:.'fr PAR'l"OFTE.IT *Av11r1PCH1p:n1mmtltlfflPft'llhlrturiqqdaA& lmanbe,.-ffltia 0.$~ of dlU~'fflP.,-p,ffllttl,-f..-tht1fmtp1ttoftht-. * * 5.1.3 Freezer Compartment Temperature. The freezer compartment temperature shall be calculated as: * lotter on DSKBCFDHB2PROD with PROPOSALS4 5. Test Measurements 5.1 Temperature Measurements. (a) Temperature measurements shall be made at the locations prescribed in Figure 5–2 of HRF–1–2016 and shall be accurate to within ± 0.5 °F (0.3 °C). (b) If the interior arrangements of the unit under test do not conform with those shown in Figure 5–2 of HRF–1–2016, 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–1–2016 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. (c) Freezer compartments that are accessed via a drawer shall be tested according to the Type 6 thermocouple configuration in Figure 5–2 of HRF–1–2016. * * * VerDate Sep<11>2014 * * 21:18 Dec 20, 2019 Jkt 250001 Where: F is the total number of applicable 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 sections 3.34, 4.2 through 4.3 of HRF–1–2016. 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–1–2016, 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–1–2016). 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 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 cap over the ice chute per Figure 4–3 of HRF–1–2016). (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 E:\FR\FM\23DEP4.SGM 23DEP4 EP23DE19.013</GPH> * EP23DE19.012</GPH> * 70877 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules 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: AV = 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 For representations of energy use before [DATE ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in kilowatt-hours per cycle, equals 0.23 for a product with one or more automatic icemakers and otherwise equals 0 (zero); For representations of energy use on or after [DATE ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in kilowatt-hours per cycle, equals 0.0767 for a product with one or more automatic icemakers and otherwise equals 0 (zero). * * * * * 5. In § 430.32 revise paragraphs (a) and (aa)(2) to read as follows: ■ § 430.32 Energy and water conservation standards and their compliance dates. * * * * * (a) Refrigerators/refrigerator-freezers/ freezers. These standards do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet (1,104 liters) or freezers with total refrigerated volume exceeding 30 cubic feet (850 liters). The energy standards as determined by the equations of the following table(s) shall be rounded off to the nearest kWh per year. If the equation calculation is halfway between the nearest two kWh per year values, the standard shall be rounded up to the higher of these values. The following standards remain in effect from July 1, 2001 until September 15, 2014: Energy standard equations for maximum energy use (kWh/yr) Product class 1. Refrigerators and refrigerator-freezers with manual defrost .................................................................. 2. Refrigerator-freezers—partial automatic defrost .................................................................................... 3. Refrigerator-freezers—automatic defrost with top-mounted freezer without through-the-door ice service and all-refrigerator—automatic defrost. 4. Refrigerator-freezers—automatic defrost with side-mounted freezer without through-the-door ice service. 5. Refrigerator-freezers—automatic defrost with bottom-mounted freezer without through-the-door ice service. 6. Refrigerator-freezers—automatic defrost with top-mounted freezer with through-the-door ice service 7. Refrigerator-freezers—automatic defrost with side-mounted freezer with through-the-door ice service 8. Upright freezers with manual defrost ..................................................................................................... 9. Upright freezers with automatic defrost .................................................................................................. 10. Chest freezers and all other freezers except compact freezers .......................................................... 11. Compact refrigerators and refrigerator-freezers with manual defrost .................................................. 12. Compact refrigerator-freezer—partial automatic defrost ...................................................................... 13. Compact refrigerator-freezers—automatic defrost with top-mounted freezer and compact all-refrigerator—automatic defrost. 14. Compact refrigerator-freezers—automatic defrost with side-mounted freezer .................................... 15. Compact refrigerator-freezers—automatic defrost with bottom-mounted freezer ................................ 16. Compact upright freezers with manual defrost .................................................................................... 17. Compact upright freezers with automatic defrost ................................................................................. 18. Compact chest freezers ........................................................................................................................ 8.82AV + 248.4, 0.31av + 248.4. 8.82AV + 248.4, 0.31av + 248.4. 9.80AV + 276.0, 0.35av + 276.0. 4.91AV + 507.5, 0.17av + 507.5. 4.60AV + 459.0, 0.16av + 459.0. 10.20AV + 356.0, 0.36av + 356.0. 10.10AV + 406.0, 0.36av + 406.0. 7.55AV + 258.3, 0.27av + 258.3. 12.43AV + 326.1, 0.44av + 326.1. 9.88AV + 143.7, 0.35av + 143.7. 10.70AV + 299.0, 0.38av + 299.0. 7.00AV + 398.0, 0.25av + 398.0. 12.70AV + 355.0, 0.45av + 355.0. 7.60AV + 501.0, 0.27av + 501.0. 13.10AV + 367.0, 0.46av + 367.0. 9.78AV + 250.8, 0.35av + 250.8. 11.40AV + 391.0, 0.40av + 391.0. 10.45AV + 152.0, 0.37av + 152.0. AV: Adjusted Volume in ft3; av: Adjusted Volume in liters (L). The following standards apply to products manufactured starting on September 15, 2014 until [DATE ONE YEAR AFTER PUBLICATION OF A FINAL RULE]: Equations for maximum energy use (kWh/yr) Product class lotter on DSKBCFDHB2PROD with PROPOSALS4 Based on AV (ft3) 1. Refrigerator-freezers and refrigerators other than all-refrigerators with manual defrost ................... 1A. All-refrigerators—manual defrost ..................................................................................................... 2. Refrigerator-freezers—partial automatic defrost ................................................................................ 3. Refrigerator-freezers—automatic defrost with top-mounted freezer without an automatic icemaker 3–BI. Built-in refrigerator-freezer—automatic defrost with top-mounted freezer without an automatic icemaker. 3I. Refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker without through-the-door ice service. 3I–BI. Built-in refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker without through-the-door ice service. 3A. All-refrigerators—automatic defrost .................................................................................................. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 7.99AV 6.79AV 7.99AV 8.07AV 9.15AV + + + + + 225.0 193.6 225.0 233.7 264.9 ...... ...... ...... ...... ...... Based on av (L) 0.282av 0.240av 0.282av 0.285av 0.323av + + + + + 225.0. 193.6. 225.0. 233.7. 264.9. 8.07AV + 317.7 ...... 0.285av + 317.7. 9.15AV + 348.9 ...... 0.323av + 348.9. 7.07AV + 201.6 ...... 0.250av + 201.6. E:\FR\FM\23DEP4.SGM 23DEP4 70878 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules Equations for maximum energy use (kWh/yr) Product class Based on AV (ft3) 3A–BI. Built-in All-refrigerators—automatic defrost ................................................................................ 4. Refrigerator-freezers—automatic defrost with side-mounted freezer without an automatic icemaker. 4–BI. Built-In Refrigerator-freezers—automatic defrost with side-mounted freezer without an automatic icemaker. 4I. Refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker without through-the-door ice service. 4I–BI. Built-In Refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker without through-the-door ice service. 5. Refrigerator-freezers—automatic defrost with bottom-mounted freezer without an automatic icemaker. 5–BI. Built-In Refrigerator-freezers—automatic defrost with bottom-mounted freezer without an automatic icemaker. 5I. Refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker without through-the-door ice service. 5I–BI. Built-In Refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker without through-the-door ice service. 5A. Refrigerator-freezer—automatic defrost with bottom-mounted freezer with through-the-door ice service. 5A–BI. Built-in refrigerator-freezer—automatic defrost with bottom-mounted freezer with through-thedoor ice service. 6. Refrigerator-freezers—automatic defrost with top-mounted freezer with through-the-door ice service. 7. Refrigerator-freezers—automatic defrost with side-mounted freezer with through-the-door ice service. 7–BI. Built-In Refrigerator-freezers—automatic defrost with side-mounted freezer with through-thedoor ice service. 8. Upright freezers with manual defrost ................................................................................................. 9. Upright freezers with automatic defrost without an automatic icemaker ........................................... 9I. Upright freezers with automatic defrost with an automatic icemaker ............................................... 9–BI. Built-In Upright freezers with automatic defrost without an automatic icemaker ......................... 9I–BI. Built-in upright freezers with automatic defrost with an automatic icemaker .............................. 10. Chest freezers and all other freezers except compact freezers ...................................................... 10A. Chest freezers with automatic defrost ........................................................................................... 11. Compact refrigerator-freezers and refrigerators other than all-refrigerators with manual defrost ... 11A. Compact all-refrigerators—manual defrost .................................................................................... 12. Compact refrigerator-freezers—partial automatic defrost ................................................................ 13. Compact refrigerator-freezers—automatic defrost with top-mounted freezer .................................. 13I. Compact refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker. 13A. Compact all-refrigerators—automatic defrost ................................................................................ 14. Compact refrigerator-freezers—automatic defrost with side-mounted freezer ................................ 14I. Compact refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker. 15. Compact refrigerator-freezers—automatic defrost with bottom-mounted freezer ............................ 15I. Compact refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker. 16. Compact upright freezers with manual defrost ................................................................................ 17. Compact upright freezers with automatic defrost ............................................................................. 18. Compact chest freezers .................................................................................................................... Based on av (L) 8.02AV + 228.5 ...... 8.51AV + 297.8 ...... 0.283av + 228.5. 0.301av + 297.8. 10.22AV + 357.4 .... 0.361av + 357.4. 8.51AV + 381.8 ...... 0.301av + 381.8. 10.22AV + 441.4 .... 0.361av + 441.4. 8.85AV + 317.0 ...... 0.312av + 317.0. 9.40AV + 336.9 ...... 0.332av + 336.9. 8.85AV + 401.0 ...... 0.312av + 401.0. 9.40AV + 420.9 ...... 0.332av + 420.9. 9.25AV + 475.4 ...... 0.327av + 475.4. 9.83AV + 499.9 ...... 0.347av + 499.9. 8.40AV + 385.4 ...... 0.297av + 385.4. 8.54AV + 432.8 ...... 0.302av + 432.8. 10.25AV + 502.6 .... 0.362av + 502.6. 5.57AV + 193.7 ...... 8.62AV + 228.3 ...... 8.62AV + 312.3 ...... 9.86AV + 260.9 ...... 9.86AV + 344.9 ...... 7.29AV + 107.8 ...... 10.24AV + 148.1 .... 9.03AV + 252.3 ...... 7.84AV + 219.1 ...... 5.91AV + 335.8 ...... 11.80AV + 339.2 .... 11.80AV + 423.2 .... 0.197av 0.305av 0.305av 0.348av 0.348av 0.257av 0.362av 0.319av 0.277av 0.209av 0.417av 0.417av 9.17AV + 259.3 ...... 6.82AV + 456.9 ...... 6.82AV + 540.9 ...... 0.324av + 259.3. 0.241av + 456.9. 0.241av + 540.9. 11.80AV + 339.2 .... 11.80AV + 423.2 .... 0.417av + 339.2. 0.417av + 423.2. 8.65AV + 225.7 ...... 10.17AV + 351.9 .... 9.25AV + 136.8 ...... 0.306av + 225.7. 0.359av + 351.9. 0.327av + 136.8. + + + + + + + + + + + + 193.7. 228.3. 312.3. 260.9. 344.9. 107.8. 148.1. 252.3. 219.1. 335.8. 339.2. 423.2. AV = Total adjusted volume, expressed in ft3, as determined in appendices A and B of subpart B of this part. av = Total adjusted volume, expressed in Liters. The following standards apply to products manufactured starting on [DATE ONE YEAR AFTER PUBLICATION OF A FINAL RULE]: Equations for maximum energy use (kWh/yr) lotter on DSKBCFDHB2PROD with PROPOSALS4 Product class Based on AV (ft3) 1. Refrigerator-freezers and refrigerators other than all-refrigerators with manual defrost ................... 1A. All-refrigerators—manual defrost ..................................................................................................... 2. Refrigerator-freezers—partial automatic defrost ................................................................................ 3. Refrigerator-freezers—automatic defrost with top-mounted freezer without an automatic icemaker 3–BI. Built-in refrigerator-freezer—automatic defrost with top-mounted freezer without an automatic icemaker. VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 7.99AV 6.79AV 7.99AV 8.07AV 9.15AV E:\FR\FM\23DEP4.SGM + + + + + 225.0 193.6 225.0 233.7 208.9 23DEP4 ...... ...... ...... ...... ...... Based on av (L) 0.282av 0.240av 0.282av 0.285av 0.323av + + + + + 225.0. 193.6. 225.0. 233.7. 208.9. 70879 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules Equations for maximum energy use (kWh/yr) Product class Based on AV (ft3) 3I. Refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker without through-the-door ice service. 3I–BI. Built-in refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker without through-the-door ice service. 3A. All-refrigerators—automatic defrost .................................................................................................. 3A–BI. Built-in All-refrigerators—automatic defrost ................................................................................ 4. Refrigerator-freezers—automatic defrost with side-mounted freezer without an automatic icemaker. 4–BI. Built-In Refrigerator-freezers—automatic defrost with side-mounted freezer without an automatic icemaker. 4I. Refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker without through-the-door ice service. 4I–BI. Built-In Refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker without through-the-door ice service. 5. Refrigerator-freezers—automatic defrost with bottom-mounted freezer without an automatic icemaker. 5–BI. Built-In Refrigerator-freezers—automatic defrost with bottom-mounted freezer without an automatic icemaker. 5I. Refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker without through-the-door ice service. 5I–BI. Built-In Refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker without through-the-door ice service. 5A. Refrigerator-freezer—automatic defrost with bottom-mounted freezer with through-the-door ice service. 5A–BI. Built-in refrigerator-freezer—automatic defrost with bottom-mounted freezer with through-thedoor ice service. 6. Refrigerator-freezers—automatic defrost with top-mounted freezer with through-the-door ice service. 7. Refrigerator-freezers—automatic defrost with side-mounted freezer with through-the-door ice service. 7–BI. Built-In Refrigerator-freezers—automatic defrost with side-mounted freezer with through-thedoor ice service. 8. Upright freezers with manual defrost ................................................................................................. 9. Upright freezers with automatic defrost without an automatic icemaker ........................................... 9I. Upright freezers with automatic defrost with an automatic icemaker ............................................... 9–BI. Built-In Upright freezers with automatic defrost without an automatic icemaker ......................... 9I–BI. Built-in upright freezers with automatic defrost with an automatic icemaker .............................. 10. Chest freezers and all other freezers except compact freezers ...................................................... 10A. Chest freezers with automatic defrost ........................................................................................... 11. Compact refrigerator-freezers and refrigerators other than all-refrigerators with manual defrost ... 11A. Compact all-refrigerators—manual defrost .................................................................................... 12. Compact refrigerator-freezers—partial automatic defrost ................................................................ 13. Compact refrigerator-freezers—automatic defrost with top-mounted freezer .................................. 13I. Compact refrigerator-freezers—automatic defrost with top-mounted freezer with an automatic icemaker. 13A. Compact all-refrigerators—automatic defrost ................................................................................ 14. Compact refrigerator-freezers—automatic defrost with side-mounted freezer ................................ 14I. Compact refrigerator-freezers—automatic defrost with side-mounted freezer with an automatic icemaker. 15. Compact refrigerator-freezers—automatic defrost with bottom-mounted freezer ............................ 15I. Compact refrigerator-freezers—automatic defrost with bottom-mounted freezer with an automatic icemaker. 16. Compact upright freezers with manual defrost ................................................................................ 17. Compact upright freezers with automatic defrost ............................................................................. 18. Compact chest freezers .................................................................................................................... Based on av (L) 8.07AV + 261.7 ...... 0.285av + 261.7. 9.15AV + 292.9 ...... 0.323av + 292.9. 7.07AV + 201.6 ...... 8.02AV + 228.5 ...... 8.51AV + 297.8 ...... 0.250av + 201.6. 0.283av + 228.5. 0.301av + 297.8. 10.22AV + 357.4 .... 0.361av + 357.4. 8.51AV + 325.8 ...... 0.301av + 325.8. 10.22AV + 385.4 .... 0.361av + 385.4. 8.85AV + 317.0 ...... 0.312av + 317.0. 9.40AV + 336.9 ...... 0.332av + 336.9. 8.85AV + 345.0 ...... 0.312av + 345.0. 9.40AV + 364.9 ...... 0.332av + 364.9. 9.25AV + 419.4 ...... 0.327av + 419.4. 9.83AV + 443.9 ...... 0.347av + 443.9. 8.40AV + 329.4 ...... 0.297av + 329.4. 8.54AV + 376.8 ...... 0.302av + 376.8. 10.25AV + 446.6 .... 0.362av + 446.6. 5.57AV + 193.7 ...... 8.62AV + 228.3 ...... 8.62AV + 256.3 ...... 9.86AV + 260.9 ...... 9.86AV + 288.9 ...... 7.29AV + 107.8 ...... 10.24AV + 148.1 .... 9.03AV + 252.3 ...... 7.84AV + 219.1 ...... 5.91AV + 335.8 ...... 11.80AV + 339.2 .... 11.80AV + 376.2 .... 0.197av 0.305av 0.305av 0.348av 0.348av 0.257av 0.362av 0.319av 0.277av 0.209av 0.417av 0.417av 9.17AV + 259.3 ...... 6.82AV + 456.9 ...... 6.82AV + 484.9 ...... 0.324av + 259.3. 0.241av + 456.9. 0.241av + 484.9. 11.80AV + 339.2 .... 11.80AV + 367.2 .... 0.417av + 339.2. 0.417av + 367.2. 8.65AV + 225.7 ...... 10.17AV + 351.9 .... 9.25AV + 136.8 ...... 0.306av + 225.7. 0.359av + 351.9. 0.327av + 136.8. + + + + + + + + + + + + 193.7. 228.3. 256.3. 260.9. 288.9. 107.8. 148.1. 252.3. 219.1. 335.8. 339.2. 376.2. AV = Total adjusted volume, expressed in ft3, as determined in appendices A and B of subpart B of this part. av = Total adjusted volume, expressed in Liters. lotter on DSKBCFDHB2PROD with PROPOSALS4 * * * (aa) * * * * * (2) Combination cooler refrigeration products manufactured starting on October 28, 2019 until [DATE ONE YEAR AFTER PUBLICATION OF A FINAL RULE] shall have Annual Energy Use (AEU) no more than: AEU (kWh/yr) Product class C–3A. Cooler with all-refrigerator—automatic defrost ................................................................................ C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ............................................................... C–9. Cooler with upright freezers with automatic defrost without an automatic icemaker ........................ VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\23DEP4.SGM 4.57AV + 130.4. 5.19AV + 147.8. 5.58AV + 147.7. 23DEP4 70880 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Proposed Rules AEU (kWh/yr) Product class C–9–BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker ......... C–9I. Cooler with upright freezer with automatic defrost with an automatic icemaker .............................. C–9I–BI. Built-in cooler with upright freezer with automatic defrost with an automatic icemaker ............. C–13A. Compact cooler with all-refrigerator—automatic defrost ............................................................... C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .............................................. 6.38AV 5.58AV 6.38AV 5.93AV 6.52AV + + + + + 168.8. 231.7. 252.8. 193.7. 213.1. AV = Total adjusted volume, expressed in ft3, as calculated according to appendix A of subpart B of this part. (3) Combination cooler refrigeration products manufactured starting on [DATE ONE YEAR AFTER PUBLICATION OF A FINAL RULE] shall have Annual Energy Use (AEU) no more than: AEU (kWh/yr) Product class C–3A. Cooler with all-refrigerator—automatic defrost ................................................................................ C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ............................................................... C–9. Cooler with upright freezers with automatic defrost without an automatic icemaker ........................ C–9–BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker ......... C–9I. Cooler with upright freezer with automatic defrost with an automatic icemaker .............................. C–9I–BI. Built-in cooler with upright freezer with automatic defrost with an automatic icemaker ............. C–13A. Compact cooler with all-refrigerator—automatic defrost ............................................................... C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .............................................. 4.57AV 5.19AV 5.58AV 6.38AV 5.58AV 6.38AV 5.93AV 6.52AV AV = Total adjusted volume, expressed in ft3, as calculated according to appendix A of subpart B of this part. * * * * * [FR Doc. 2019–26903 Filed 12–20–19; 8:45 am] lotter on DSKBCFDHB2PROD with PROPOSALS4 BILLING CODE 6450–01–P VerDate Sep<11>2014 21:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00040 Fmt 4701 Sfmt 9990 E:\FR\FM\23DEP4.SGM 23DEP4 + + + + + + + + 130.4. 147.8. 147.7. 168.8. 175.7. 196.8. 193.7. 213.1.

Agencies

[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Proposed Rules]
[Pages 70842-70880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26903]



[[Page 70841]]

Vol. 84

Monday,

No. 246

December 23, 2019

Part V





 Department of Energy





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10 CFR Part 430





Energy Conservation Program: Test Procedures for Consumer Refrigeration 
Products; Proposed Rule

Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / 
Proposed Rules

[[Page 70842]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2017-BT-TP-0004]
RIN 1904-AD84


Energy Conservation Program: Test Procedures for Consumer 
Refrigeration Products

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

ACTION: Notice of proposed rulemaking and request for comment.

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

SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedures for consumer refrigerators, refrigerator-freezers, and 
freezers, and miscellaneous refrigeration products (collectively 
``consumer refrigeration products''). The proposed test procedure 
amendments would, among other things, define the term ``compartment,'' 
and revise the method for including the energy use of automatic 
icemakers and certain other energy-using functions. DOE is also 
proposing to adjust the standards for these products to ensure that 
this change in test methodology does not require manufacturers to 
increase the efficiency of already compliant products or allow 
previously non-compliant products to meet the current energy 
conservation standard. DOE is announcing a public meeting and comment 
period to collect comments and data on its proposal, and methods to 
reduce regulatory burden while ensuring the test procedures' 
representativeness of energy use during an average use cycle or period 
of use.

DATES:  Meeting: DOE will hold a public meeting on January 9, 2020 from 
9 a.m. to 4 p.m., in Washington, DC. The meeting will also be broadcast 
as a webinar. See section V, ``Public Participation,'' of this document 
for webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.
    DOE will accept comments, data, and information regarding this 
proposal no later than February 21, 2020. See section V, ``Public 
Participation,'' for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW, 
Washington, DC 20585.
    Interested persons are encouraged to submit comments using the 
Federal eRulemaking Portal at http://www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2017-BT-TP-0004, 
by any of the following methods:
    (1) Federal eRulemaking Portal: http://regulations.gov. Follow the 
instructions for submitting comments.
    (2) Email: ConsumerRefrigFreezer [email protected]. Include the 
docket number EERE-2017-BT-TP-0004 or regulatory information number 
(RIN) 1904-AD84 in the subject line of the message.
    (3) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    (4) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section V, ``Public Participation,'' of this 
document.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the 
http://www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2017-BT-TP-0004. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1943. Email: [email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-9496. Email: [email protected].
    For further information on how to submit a comment, review other 
public comments and the docket, or regarding a public meeting, contact 
the Appliance and Equipment Standards Program staff at (202) 287-1445 
or by email: [email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously 
approved incorporation by reference and to incorporate by reference the 
following industry standard into 10 CFR part 430:
    AHAM HRF-1-2016, (``HRF-1-2016''), Energy and Internal Volume of 
Refrigerating Appliances (January 1, 2016), including Errata to Energy 
and Internal Volume of Refrigerating Appliances, Correction Sheet.
    Copies of HRF-1-2016 can be obtained from the Association of Home 
Appliance Manufacturers, 1111 19th Street NW, Suite 402, Washington, DC 
20036, (202) 872-5955, or go to http://www.AHAM.org.
    See section IV.N of this document for a more detailed discussion of 
this industry standard.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    B. Compartment Definitions
    C. AHAM HRF-1 Standard
    D. Icemaking Energy Consumption
    E. Built-In Test Configuration
    F. Test Setup
    1. Thermocouple Configuration for Freezer Drawers
    2. Test Platform Requirements
    3. Separate External Temperature Controls
    G. Test Conditions
    1. Vertical Gradient
    2. Stabilization
    H. Features Not Directly Addressed in Appendix A or Appendix B
    1. Door-in-Door Designs
    2. Display Screens and Connected Functions
    I. Corrections
    J. Compliance Date and Waivers
    1. Compliance Date
    2. Waivers
    a. Waivers Relevant to the Proposed Amendments
    b. MREF Waivers

[[Page 70843]]

    K. Test Procedure Impacts and Other Topics
    1. Test Procedure Costs and Impacts
    a. Proposed Amendment Regarding the Stabilization and Test 
Periods
    b. Proposed Amendment Regarding Products With Demand-Response 
Capability
    c. Proposed Amendment Regarding Energy Use Associated With 
Automatic Icemaking
    d. Impact of the Other Proposed Amendments
    2. Harmonization With Industry Standards
    3. Other Test Procedure Topics
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under Executive Orders 13771 and 13777
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act of 1995
    E. Review Under the National Environmental Policy Act of 1969
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 12988
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999
    J. Review Under Executive Order 12630
    K. Review Under Treasury and General Government Appropriations 
Act, 2001
    L. Review Under Executive Order 13211
    M. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    N. Description of Materials Incorporated by Reference
V. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Consumer refrigerators, refrigerator-freezers, and freezers are 
included in the list of ``covered products'' for which DOE is 
authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6292(a)(1)) DOE's energy conservation 
standards for consumer refrigerators, refrigerator-freezers, and 
freezers are currently prescribed at title 10 of the Code of Federal 
Regulations (``CFR'') 430.32(a). DOE's test procedures are currently 
prescribed at 10 CFR 430.23(a) and part 430, subpart B, appendix A 
(``Appendix A'') for refrigerators and refrigerator-freezers, and 10 
CFR 430.23(b) and 10 CFR part 430, subpart B, appendix B (``Appendix 
B'') for freezers.
    Additionally, under 42 U.S.C. 6292(a)(20), DOE may extend coverage 
over a particular type of consumer product provided that DOE determines 
that classifying products of such type as covered products is necessary 
or appropriate to carry out the purposes of EPCA, and specified 
requirements are met. See 42 U.S.C. 6292(b)(1) and 6295(l)(1). 
Consistent with its statutory obligations, DOE established regulatory 
coverage over miscellaneous refrigeration products (``MREFs'').\1\ 81 
FR 46768 (July 18, 2016). The current test procedures for MREFs are 
prescribed at 10 CFR 430.23(ff) and Appendix A.
---------------------------------------------------------------------------

    \1\ An MREF is defined as a consumer refrigeration product other 
than a refrigerator, refrigerator-freezer, or freezer, which 
includes coolers and combination cooler refrigeration products. 10 
CFR 430.2.
---------------------------------------------------------------------------

    The following sections discuss DOE's authority to establish and 
amend test procedures for consumer refrigerators, refrigerator-
freezers, freezers, and MREFs, as well as relevant background 
information regarding DOE's proposed amendments to the test procedures 
for these products.

A. Authority

    The Energy Policy and Conservation Act of 1975, as amended, (EPCA) 
\2\ among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and certain industrial 
equipment (42 U.S.C. 6291-6317). Title III, Part B \3\ of EPCA 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency. These products include consumer 
refrigerators, refrigerator-freezers, and freezers, the subject of this 
document. (42 U.S.C. 6292(a)(1))
---------------------------------------------------------------------------

    \2\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291), energy conservation standards (42 U.S.C. 
6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (See 
42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption 
for particular State laws or regulations, in accordance with the 
procedures and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    Further, when amending a test procedure, DOE must determine the 
extent to which, if any, the proposal would alter the measured energy 
use of a given product as determined under the existing test procedure. 
(42 U.S.C. 6293(e)(1)) If DOE determines that the amended test 
procedure would alter the measured energy use of a covered product, DOE 
must also amend the applicable energy conservation standard during the 
rulemaking carried out with respect to such test procedure. (42 U.S.C. 
6293(e)(2)) In determining the amended energy conservation standard, 
the Secretary shall measure, pursuant to the amended test procedure, 
the energy efficiency, energy use, or water use of a representative 
sample of covered products that minimally comply with the existing 
standard. The average of such energy efficiency, energy use, or water 
use levels determined under the amended test procedure shall constitute 
the amended energy conservation standard for the applicable covered 
products. Id.
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor

[[Page 70844]]

for each covered product unless the current test procedures already 
account for and incorporate standby 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 technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any 
such amendment must consider the most current versions of the 
International Electrotechnical Commission (IEC) Standard 62301 \4\ and 
IEC Standard 62087 \5\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------

    \4\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \5\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
---------------------------------------------------------------------------

    If DOE determines that a test procedure amendment is warranted, it 
must publish proposed test procedures and offer the public an 
opportunity to present oral and written comments on them. (42 U.S.C. 
6293(b)(2)) EPCA also requires that, at least once every 7 years, DOE 
evaluate test procedures for each type of covered product, including 
consumer refrigeration products, to determine whether amended test 
procedures would more accurately or fully comply with the requirements 
for the test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that measure energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use. (42 U.S.C. 
6293(b)(1)(A)) If the Secretary determines, on his own behalf or in 
response to a petition by any interested person, that a test procedure 
should be prescribed or amended, the Secretary shall promptly publish 
in the Federal Register proposed test procedures and afford interested 
persons an opportunity to present oral and written data, views, and 
arguments with respect to such procedures. The comment period on a 
proposed rule to amend a test procedure shall be at least 60 days and 
may not exceed 270 days. In prescribing or amending a test procedure, 
the Secretary shall take into account such information as the Secretary 
determines relevant to such procedure, including technological 
developments relating to energy use or energy efficiency of the type 
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE 
determines that test procedure revisions are not appropriate, DOE must 
publish its determination not to amend the test procedures. DOE is 
publishing this NOPR in satisfaction of the 7-year review requirement 
specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

    As described, DOE's existing test procedure for consumer 
refrigerators, refrigerator-freezers, and MREFs appears at Appendix A 
(``Uniform Test Method for Measuring the Energy Consumption of 
Refrigerators, Refrigerator-Freezers, and Miscellaneous Refrigeration 
Products''). DOE's existing test procedure for freezers appears at 
Appendix B (``Uniform Test Method for Measuring the Energy Consumption 
of Freezers'').
    These test procedures are the result of numerous evaluations and 
updates that have occurred since DOE initially established its test 
procedures for these products in a final rule published in the Federal 
Register on September 14, 1977. 42 FR 46140. The original test 
procedures were generally viewed as too complex, and industry 
stakeholders developed alternative test procedures in conjunction with 
the Association of Home Appliance Manufacturers (``AHAM'') that were 
incorporated into the 1979 version of AHAM Standard HRF-1, ``Household 
Refrigerators, Combination Refrigerator-Freezers, and Household 
Freezers'' (``HRF-1-1979''). Using this industry-created test 
procedure, DOE revised its test procedures on August 10, 1982, which 
were codified as a new Appendix A1 for refrigerators and refrigerator-
freezers and a new Appendix B1 for freezers. 47 FR 34517.
    On August 31, 1989, DOE amended the Appendix A1 and Appendix B1 
test procedures further when it published a final rule establishing 
test procedures for variable-defrost control refrigeration products, 
dual-compressor refrigerator-freezers, and freezers equipped with 
``quick-freeze.'' 54 FR 36238.
    DOE amended the Appendix A1 test procedure again on March 7, 2003, 
by modifying the test period used for products equipped with long-time 
automatic defrost or variable defrost. 68 FR 10957.
    On December 16, 2010, DOE published a final and interim final rule 
(the ``December 2010 Final Rule and Interim Final Rule'') that amended 
the test procedures in Appendix A1 and Appendix B1 and established new 
test procedures in Appendix A and Appendix B. 75 FR 78810. The December 
2010 Final Rule and Interim Final Rule established a number of 
comprehensive changes to improve the measurement of energy consumption 
of refrigerators, refrigerator-freezers, and freezers. These changes 
included, among other things: (1) Adjusting the standardized 
compartment temperatures and volume-adjustment factors, (2) adding new 
methods for measuring compartment volumes, (3) modifying the long-time 
automatic defrost test procedure to measure all energy use associated 
with the defrost function, (4) adding test procedures for products with 
a single compressor and multiple evaporators with separate active 
defrost cycles, and (5) updating the industry standard reference to the 
2008 version of HRF-1, ``Energy and Internal Volume of Refrigerating 
Appliances'' (``HRF-1-2008''). Lastly, the December 2010 Final Rule and 
Interim Final Rule addressed icemaking energy use by including a fixed 
energy use adder for those products equipped with an automatic 
icemaker. Using available data submitted by stakeholders, this value 
was set at 84 kilowatt-hours (``kWh'') per year. Id. On January 25, 
2012, DOE finalized the test procedures established in the December 
2010 Final Rule and Interim Final Rule and required use of the new test 
procedures at Appendix A and Appendix B for certifying basic models as 
compliant with the energy conservation standards starting on September 
15, 2014. 77 FR 3559.
    On July 10, 2013, DOE proposed further amending the consumer 
refrigerator and refrigerator-freezer test procedure to address 
products with multiple compressors and to allow an alternative method 
for measuring and calculating energy consumption for refrigerator-
freezers and refrigerators with freezer compartments. 78 FR 41610 (the 
``July 2013 NOPR''). DOE also proposed to amend certain aspects of the 
consumer refrigerator, refrigerator-freezer, and freezer test 
procedures to ensure better accuracy and repeatability. Additionally, 
DOE solicited comment on a proposed automatic icemaker test procedure 
and on whether built-in products should be tested in a built-in 
configuration. Id. In response to the July 2013 NOPR, interested 
parties requested that DOE grant more time to respond to the proposal 
for measuring energy use associated with icemaking and to DOE's request 
for comment regarding testing of built-in products in a built-in 
configuration. DOE granted the comment period extension request for 
these two topics. 78 FR 53374 (Aug. 29, 2013).
    On April 21, 2014, DOE published a final rule for the refrigerator, 
refrigerator-freezer, and freezer test procedures (the ``April 2014 
Final Rule''). 79 FR 22320. The amendments enacted by the April 2014 
Final Rule addressed products with multiple compressors and established 
an

[[Page 70845]]

alternative method for measuring and calculating energy consumption for 
refrigerator-freezers and refrigerators with freezer compartments. The 
April 2014 Final Rule also amended certain aspects of the test 
procedures to improve test accuracy and repeatability. To allow 
additional time to review comments and data received during the comment 
period extension, DOE did not address automatic icemaking energy use or 
built-in testing configuration in the April 2014 Final Rule. Id.
    On July 18, 2016, DOE published a final rule (the ``July 2016 Final 
Rule'') that established coverage and test procedures for MREFs.\6\ 81 
FR 46768. Included within this category are refrigeration products that 
include one or more compartments that maintain higher temperatures than 
typical refrigerator compartments, such as wine chillers and beverage 
coolers. Additionally, the July 2016 Final Rule amended Appendix A and 
Appendix B to include provisions for testing MREFs and to improve the 
clarity of certain existing test requirements. Id.
---------------------------------------------------------------------------

    \6\ As part of the rulemaking process to establish the scope of 
coverage, definitions, test procedures, and corresponding energy 
conservation standards for MREFs, DOE established an Appliance 
Standards and Rulemaking Federal Advisory Committee negotiated 
rulemaking working group (the ``MREF Working Group''). See, 80 FR 
17355 (April 1, 2015).
---------------------------------------------------------------------------

    On June 30, 2017, DOE published a request for information (the 
``June 2017 RFI'') to initiate a data collection process to inform 
DOE's decision on whether to amend its test procedures in Appendix A 
and Appendix B. 82 FR 29780. DOE received seven comments in response to 
the June 2017 RFI from the interested parties listed in Table I-I.

                Table I-I--June 2017 RFI Written Comments
------------------------------------------------------------------------
                                   Reference in this
         Organization(s)                 NOPR          Organization type
------------------------------------------------------------------------
Appliance Standards Awareness     Joint Commenters..  Efficiency
 Project, American Council for                         Organizations
 an Energy-Efficient Economy,
 Northeast Energy Efficiency
 Partnerships, Alliance to Save
 Energy, Natural Resources
 Defense Council, Northwest
 Energy Efficiency Alliance.
Association of Home Appliance     AHAM..............  Trade Association
 Manufacturers.
BSH Home Appliances Corporation.  BSH...............  Manufacturer
Felix Storch, Inc...............  FSI...............  Manufacturer
Samsung Electronics America.....  Samsung...........  Manufacturer
Sub Zero Group, Inc.............  Sub Zero..........  Manufacturer
Whirlpool Corporation...........  Whirlpool.........  Manufacturer
------------------------------------------------------------------------

    DOE has considered the comments and information submitted by these 
interested parties in determining the proposals included in this NOPR. 
Summaries of the comments related to the proposals included in this 
NOPR submitted by interested parties and DOE's responses are included 
in the relevant sections of this proposed rule.\7\
---------------------------------------------------------------------------

    \7\ Comments received not related to the proposals in this NOPR 
will be considered and addressed as appropriate should DOE undertake 
additional rulemakings.
---------------------------------------------------------------------------

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes a number of changes to the current test 
procedures for consumer refrigeration products. DOE has tentatively 
determined that two of the proposed amendments would alter the measured 
efficiency of certain consumer refrigeration products.
    The proposal to amend the energy adder for products with automatic 
icemakers would alter the energy use of certain consumer refrigeration 
products as determined under the test procedure and would provide more 
representative energy use measurements for those products with 
automatic icemakers. As a result, in accordance with 42 U.S.C. 
6293(e)(2), DOE proposes to amend the energy conservation standards for 
these products. Manufacturers would be required to comply with these 
amended standards one year after publication of a final rule 
incorporating these amendments. Correspondingly, use of the test 
procedure provisions that incorporate the updated icemaker energy adder 
would be required one year after publication of any final rule 
incorporating these amendments. During the one-year compliance lead-
time period, manufacturers would be required to use the test procedure 
provisions that incorporate the current icemaker adder. DOE is 
proposing to provide separate sections within Appendix A and Appendix B 
to include both the current icemaker energy adder and the updated 
value.
    Additionally, the proposal to test demand-response capable products 
\8\ with the communication module off may reduce the measured energy 
consumption for certain products. However, DOE is not proposing to 
amend the energy conservation standards for these products based on 
this proposed test procedure change as discussed in section III.H.2 of 
this document.
---------------------------------------------------------------------------

    \8\ ``Demand response'' capability refers to product 
functionality that can be controlled, via signals from the 
electrical distribution grid, to improve the overall operation of 
the electrical grid; for example, by reducing energy consumption 
during peak periods and/or shifting power consumption to off-peak 
periods.
---------------------------------------------------------------------------

    DOE has also tentatively determined that the proposed test 
procedure would not be unduly burdensome to conduct.
    Specifically, as discussed in this document, DOE is proposing to:
     Establish a compartment definition that is consistent with 
the industry term;
     Update references to the relevant industry standard (HRF-
1) to the sections of the current version;
     Update the fixed value used to represent the energy use of 
automatic icemakers;
     Amend the energy conservation standards for consumer 
refrigeration products with automatic ice makers in accordance with 42 
U.S.C. 6293(e)(2);
     Provide additional detail on the test set-up regarding 
thermocouple placement, vented test chamber floors, and units with 
external controls;
     Provide additional detail on test conditions regarding 
maintenance and measurement of the vertical ambient temperature 
gradient, the use of data during the stabilization period, and the 
stabilization of units with multiple compressors;
     Require testing demand-response capable units with the 
communication module off; and
     Reinsert an inadvertently omitted method for calculating 
the average per-cycle energy consumption of refrigerators and 
refrigerator-freezers, and other corrections.

[[Page 70846]]

    DOE's proposed actions are summarized in Table II-I and addressed 
in detail in section III of this proposed rule.

  Table II-I--Summary of Changes in Proposed Test Procedure Relative to
                         Current Test Procedure
------------------------------------------------------------------------
                                     Proposed test
  Current DOE test procedure           procedure           Attribution
------------------------------------------------------------------------
No definition for term          Defines                 Adopt industry
 ``compartment''.                ``compartment''         standard.
                                 consistent with AS/
                                 NZS 4474.1:2007.
Incorporates by reference       Updates IBR to AHAM     Harmonize with
 (IBR) AHAM HRF-1-2008.          HRF-1-2016.             industry
                                                         standard
                                                         update.
Energy use adder for automatic  Updates energy use      Provide more
 icemakers of 84 kWh/year.       adder for automatic     representative
                                 icemakers to 28 kWh/    measure of
                                 year.                   average use
                                                         cycle.
Does not explicitly specify     Provides consistent     Improves
 the setup for test chamber      specifications for      representativen
 floors that have vents for      test platform and       ess,
 airflow.                        floor requirements.     repeatability,
                                                         and
                                                         reproducibility
                                                         .
Does not specify test setup     Specifies test setup    Address current
 for products with controls      for products with       waiver
 external to the cabinet.        controls external to
                                 the cabinet.
Does not explicitly specify     Provides additional     Improves
 timing of required              timing and              repeatability
 temperature range conditions    thermocouple            and
 and thermocouple placement in   placement               reproducibility
 certain product                 specifications.         .
 configurations.
Specified time and temperature  Allows measuring        Address current
 conditions may not apply to     average temperatures    waiver.
 certain products with           over multiple
 irregular compressor cycling    compressor cycles or
 or multiple compressors.        for a given time
                                 period to determine
                                 stable operation.
Requires a separate             Allows test period to   Reduce test
 stabilization and test period   serve as                burden while
 when conducting all energy      stabilization period    maintaining
 tests.                          when conducting         representative
                                 certain energy tests.   results.
Requires testing demand-        Requires testing        Address
 response function               demand-response         representative
 communication modules in the    function                average use.
 as-shipped configuration.       communication modules
                                 in the off
                                 configuration.
Inadvertently omits optional    Reinstates method and   Correction.
 method for calculating          makes other non-
 average per-cycle energy        substantive
 consumption of refrigerators    corrections.
 and refrigerator-freezers.
------------------------------------------------------------------------

    In this NOPR, DOE also requests feedback on additional topics for 
which it is not proposing test procedure amendments at this time, 
including: Built-in product test configuration, door-in-door features, 
display screens, and connected functions (other than for demand-
response capable products). Additionally, DOE requests feedback on any 
topics not specifically addressed in this NOPR.

III. Discussion

A. Scope of Applicability

    The proposed amendments in this document apply to products that 
meet the definition for ``consumer refrigeration product,'' as codified 
in 10 CFR 430.2. Consumer refrigeration products generally refer to 
cabinets used with one or more doors that are capable of maintaining 
temperatures colder than the ambient temperature. While these products 
are typically used for the storage and freezing of food or beverages, 
the definitions do not require that the products be designed or 
marketed for that purpose. The definitions only require that the 
product be capable of maintaining compartment temperatures within 
certain ranges, regardless of use. 10 CFR 430.2.
    Consumer refrigeration products include consumer refrigerators, 
refrigerator-freezers, freezers, and MREFs. Because of the similarities 
between consumer refrigerators, refrigerator-freezers, and MREFs, the 
test procedures for these products are all included in Appendix A. As a 
result, any amendments to Appendix A would be applicable to testing for 
each of these product categories. Section III.K of this document 
discusses the extent to which the proposed amendments, if finalized, 
would alter the measured energy consumption of consumer refrigeration 
products as compared to the existing Federal test procedures.
    The amendments proposed in this NOPR would not change the scope of 
applicability of the test procedure.

B. Compartment Definitions

    Although the term ``compartment'' is used throughout the DOE test 
procedures in Appendix A and Appendix B, it is not defined. The DOE 
test procedures use 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).
    The MREF Working Group \9\ considered the issue of a compartment 
definition in its discussions. Working Group members indicated that 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

[[Page 70847]]

introduce confusion. Accordingly, the MREF Working Group recommendation 
did not include a ``compartment'' definition and suggested that DOE 
address this issue in a future rulemaking for refrigerator, 
refrigerator-freezer, and freezer test procedures.\10\
---------------------------------------------------------------------------

    \9\ After reviewing the comments received in response to the 
NOPR published ahead of the July 2016 Final Rule, and in response to 
the preliminary analysis conducted for potential MREF energy 
conservation standards, DOE determined that its efforts 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. 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. On August 11, 
2015, the MREF Working Group reached consensus on a term sheet (Term 
Sheet #1) that recommended the relevant scope of coverage, 
definitions, and test procedures for MREFs. See public docket EERE-
2011-BT-STD-0043-0113.
    \10\ See Term Sheet #1, which recommended the relevant scope of 
coverage, definitions, and test procedures for MREFs, available in 
public docket EERE-2011-BT-STD-0043-0113.
---------------------------------------------------------------------------

    In the July 2016 Final Rule, consistent with the MREF Working Group 
recommendation, DOE did not amend Appendix A or Appendix B to include a 
definition for the term ``compartment.'' 81 FR 46768, 46779 (July 18, 
2016).
    In the June 2017 RFI, DOE requested comment on the issue of 
defining the term ``compartment'' in Appendix A and Appendix B. 82 FR 
29784.
    AHAM commented that it has previously suggested that DOE define the 
term ``compartment' consistent with Australian/New Zealand Standard 
4474.1:2007, ``Performance of household electrical appliances--
Refrigerating appliances, Part 1: Energy consumption and performance'' 
(AS/NZS 4474.1:2007) \11\ and use the term consistently throughout the 
test procedures, but that this undertaking is a complex one and 
requires a review of the entire test procedure. In addition, AHAM noted 
that the definition could reclassify certain compartments and would 
likely impact measured energy use. AHAM stated that this is one of the 
items it will review as part of its HRF-1 task force; accordingly, 
there is no need for DOE to duplicate those efforts. AHAM requested 
that DOE review the completed HRF-1 update as a reference for the 
``compartment'' definition. (AHAM, No. 5 at pp. 9-10) Sub Zero also 
commented that the ``compartment'' definition should be addressed in 
the HRF-1 update to avoid DOE and industry duplicating efforts. (Sub 
Zero, No. 4 at pp. 2-3)
---------------------------------------------------------------------------

    \11\ Available online at https://infostore.saiglobal.com/en-us/Standards/AS-NZS-44741-2007-383878/.
---------------------------------------------------------------------------

    As recommended by the MREF Working Group, and as previously 
supported by AHAM, DOE is proposing to include a definition for 
``compartment'' consistent with AS/NZS 4474.1:2007, but adapted to use 
the appropriate DOE terminology for certain terms within the 
definition. AS/NZS 4474.1:2007 defines compartment as ``an enclosed 
space within a refrigerating appliance, which is directly accessible 
through one or more external doors. A compartment may contain one or 
more sub-compartments and one or more convenience features.'' DOE is 
proposing to define compartment as ``an enclosed space within a 
consumer refrigeration product that is directly accessible through one 
or more external doors and may be divided into sub-compartments.'' 
Based on this proposal, compartments would be treated in the same way 
as under the current test procedure. Accordingly, DOE does not expect 
that any compartments would be reclassified and the proposed definition 
would not impact measured energy consumption.
    Additionally, to provide further understanding of the proposed 
definition for ``compartment,'' DOE is proposing to define ``sub-
compartment'' as an enclosed space within a compartment that may have a 
different operating temperature from the compartment within which it is 
located. This definition, coupled with the new definition for 
``compartment,'' would remove the need to separately define ``separate 
auxiliary compartment'' and ``special compartment'' because these terms 
are redundant with the proposed compartment definitions. Use of the 
proposed terms ``compartment'' and ``sub-compartment'' would not change 
how compartments currently defined as ``separate auxiliary 
compartment'' and ``special compartment'' would be treated under the 
existing test procedure instructions. Therefore, DOE is proposing to 
remove the terms ``separate auxiliary compartment'' and ``special 
compartment'' from Appendix A and Appendix B and replace them with 
compartment or sub-compartment as appropriate.
    DOE requests comment on its proposal to establish definitions for 
``compartment'' and ``sub-compartment'' in Appendix A and Appendix B.

C. AHAM HRF-1 Standard

    As discussed in section I.B of this document, Appendix A and 
Appendix B incorporate by reference the AHAM industry standard HRF-1-
2008. DOE references HRF-1-2008 for definitions, installation and 
operating conditions, temperature measurements, and volume 
measurements. In August 2016, AHAM released an updated version of the 
HRF-1 standard, HRF-1-2016.
    In the June 2017 RFI, DOE stated that based on review of HRF-1-
2016, the majority of the updates from the 2008 standard were 
clarifications or other revisions to harmonize with DOE's test 
procedures. DOE requested comment on whether Appendix A and Appendix B 
should incorporate by reference the newer version of HRF-1 and whether 
the revisions between the two versions of HRF-1 would substantively 
affect any of the test requirements in Appendix A and Appendix B. 82 FR 
29785.
    AHAM, BSH, and Sub Zero commented in support of DOE incorporating 
HRF-1-2016 by reference because the 2016 version is intended to 
harmonize with the current DOE test procedure, and therefore would not 
change the DOE test procedure. (AHAM, No. 5 at p. 11; BSH, No. 2 at p. 
2; Sub Zero, No. 4 at p. 3) AHAM also stated that it is currently 
revising AHAM HRF-1-2016, and DOE should not duplicate those efforts. 
AHAM recommended that DOE instead participate in the HRF-1 task force 
to discuss potential changes to the test procedure. (AHAM, No. 5 at p. 
2)
    As noted in comments from interested parties, the updates included 
in HRF-1-2016 harmonize with the current DOE test procedure. This 
includes updates to definitions, test requirements, formatting, and 
organization that are consistent with DOE's requirements. Therefore, 
DOE is proposing to incorporate by reference HRF-1-2016 in Appendix A 
and Appendix B. As indicated in the comments from interested parties, 
DOE does not expect that updating its references to HRF-1-2016 would 
substantively affect the existing test procedures in Appendix A and 
Appendix B. DOE is not proposing to require the use of HRF-1-2016 in 
its entirety. Certain of the updates made in HRF-1-2016 to harmonize 
with DOE are now out of date; for example, the product definitions 
included in HRF-1-2016 are harmonized with the DOE definitions included 
in 10 CFR 430.2 at the time HRF-1-2016 was published, but do not 
reflect the recent amendments made in the July 2016 Final Rule (e.g., 
those related to MREFs). Furthermore, HRF-1-2016 covers only 
compressor-driven products, whereas the DOE test procedure applies to 
all consumer refrigeration products, including those with non-
compressor refrigeration systems.
    As stated in the AHAM comment, the AHAM task force is working to 
revise HRF-1-2016. (AHAM, No. 5 at p. 2) AHAM has recently released a 
draft of an updated HRF-1-2019 for public review.\12\ Based on a review 
of the draft for public review, the in-progress updates to HRF-1 are 
generally consistent with the proposals included in this NOPR. However, 
because the current version available from AHAM is a draft for public 
review and not available for distribution, DOE is not

[[Page 70848]]

proposing to incorporate by reference this initial draft version of the 
standard. DOE would consider incorporating by reference the updated 
HRF-1 standard in its entirety when it is available for public 
distribution.
---------------------------------------------------------------------------

    \12\ The draft revision for review is available at http://www.aham.org/AHAM/Standard_Chart_Page.aspx (accessed June 5, 2019).
---------------------------------------------------------------------------

    DOE requests feedback on its proposal to incorporate by reference 
the most current version of HRF-1, HRF-1-2016, rather than HRF-1-2008. 
DOE also requests feedback on a potential updated reference to HRF-1-
2019 based on the public draft currently available for review. DOE also 
requests feedback on whether any of the differences between HRF-1-2008 
and HRF-1-2016 (or HRF-1-2019) would substantively affect the 
requirements currently incorporated by reference in Appendix A and 
Appendix B--and if so, how.

D. Icemaking Energy Consumption

    In 2010, DOE initiated a test procedure rulemaking to address a 
variety of test procedure-related issues, including energy use 
associated with automatic icemaking. On May 27, 2010, DOE published a 
NOPR (the ``May 2010 NOPR'') proposing to use a fixed value of 84 kWh 
per year to represent the energy use associated with automatic 
icemaking. 75 FR 29824. The May 2010 NOPR also indicated that DOE would 
consider adopting an approach based on testing to determine icemaking 
energy use if a suitable test procedure could be developed. Id. at 
29846-29847. A broad group of interested parties submitted a consensus 
recommendation comment supporting DOE's proposal to use a fixed value 
to represent the energy use of automatic icemakers, and requesting that 
DOE subsequently initiate a rulemaking to amend the test procedures to 
incorporate a laboratory-based measurement of icemaking energy use. 
(Test Procedure for Refrigerators, Refrigerator-Freezers, and Freezers, 
Docket Number EERE-2009-BT-TP-0003; Consensus Recommendation,\13\ No. 
20 at pp. 5-6) As noted, DOE adopted a fixed energy use adder for those 
products equipped with an automatic icemaker. 75 FR 78810.
---------------------------------------------------------------------------

    \13\ The ``Consensus Recommendation'' was submitted by AHAM and 
the American Council for an Energy-Efficient Economy, on behalf of: 
Whirlpool, General Electric, Electrolux, LG Electronics, BSH, 
Alliance Laundry, Viking Range, Sub-Zero Wolf, Friedrich A/C, U-
Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA 
Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik, 
Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, 
DeLonghi, Appliance Standards Awareness Project, Natural Resources 
Defense Council, Alliance to Save Energy, Alliance for Water 
Efficiency, Northwest Power and Conservation Council, Northeast 
Energy Efficiency Partnerships, Consumer Federation of America, and 
the National Consumer Law Center.
---------------------------------------------------------------------------

    In January 2012, AHAM provided DOE with a draft test procedure for 
measuring automatic icemaker energy usage. (AHAM Refrigerator, 
Refrigerator-Freezer and Freezer Ice Making Energy Test Procedure, 
Revision 1.0--12/14/11, No. 4) \14\ AHAM then submitted a revised 
automatic icemaker test procedure on July 18, 2012. (AHAM Refrigerator, 
Refrigerator-Freezer and Freezer Ice Making Energy Test Procedure, 
Revision 2.0--7/10/12, No. 5) \15\ In the subsequent July 2013 NOPR, as 
mentioned in section I.B of this document, DOE proposed a method for 
measuring the energy usage associated with automatic icemaking based on 
the revised approach submitted by AHAM. 78 FR 41610, 41618-41629. In 
response to the July 2013 NOPR, AHAM submitted comments to DOE 
requesting that DOE grant its members more time to respond to the 
automatic icemaker testing proposal, which DOE granted. 78 FR 53374 
(Aug. 29, 2013). In the April 2014 Final Rule, DOE maintained the fixed 
adder approach and stated that it would review comments received during 
the comment period extension to address the icemaking test procedure 
issue in a future notice. See 79 FR 22320, 22341-22342.
---------------------------------------------------------------------------

    \14\ Document No. 4 in Docket No. EERE-2012- BT-TP-0016, 
available for review at https://www.regulations.gov.
    \15\ Document No. 5 in Docket No. EERE-2012- BT-TP-0016, 
available for review at https://www.regulations.gov.
---------------------------------------------------------------------------

    Multiple interested parties supported the development and adoption 
of a test procedure that measures the energy use of automatic 
icemakers. These commenters presented a number of reasons that they 
stated justified a laboratory-based icemaker energy test procedure, 
including: (1) A direct laboratory test would be more accurate and 
representative of actual icemaking energy use, and (2) the fixed adder 
approach would not reward improvements in icemaking efficiency or 
provide incentives to reduce icemaker energy consumption. (BSH, 2012 TP 
Rulemaking No. 21 at p. 1; \16\ Joint Commenters,\17\ 2012 TP 
Rulemaking No. 42 at pp. 1-5; Samsung, 2012 TP Rulemaking No. 39 at p. 
2)
---------------------------------------------------------------------------

    \16\ A notation in the form ``BSH, 2012 TP Rulemaking No. 21 at 
p. 1'' identifies a written comment: (1) Made by BSH Home Appliances 
Corporation; (2) recorded in document number 21 that is filed in the 
docket of the test procedure rulemaking (Docket No. EERE-2012-BT-TP-
0016) and available for review at https://www.regulations.gov; and 
(3) which appears on page 1 of document number 21.
    \17\ ``Joint Commenters'' refers to the Appliance Standards 
Awareness Project, American Council for an Energy-Efficient Economy, 
Consumer Federation of America, National Consumer Law Center, and 
Natural Resources Defense Council.
---------------------------------------------------------------------------

    Other interested parties supported the existing fixed adder 
approach, stating that the proposed icemaking test procedure would 
create a significant test burden and that there are limited 
opportunities to reduce icemaking energy consumption. (AHAM, 2012 TP 
Rulemaking No. 37 at p. 2-5; GE Appliances (``GE''), 2012 TP Rulemaking 
No. 40 at p. 5; Sub Zero, 2012 TP Rulemaking No. 36 at p. 2)
    Further, DOE received data indicating that consumers likely use 
less ice than assumed in calculating the 84 kWh per year adder. The 
Northwest Energy Efficiency Alliance (``NEEA'') and Northwest Power & 
Conservation Council (``NPCC'') conducted field research to assess the 
existing icemaking adder of 84 kWh per year. Their results showed 
average daily ice consumption of 0.83 pounds per day (``lbs/day'') for 
through-the-door service models and 0.61 lbs/day for in-freezer models. 
NEEA and NPCC stated that this field research shows that the earlier 
estimate of 1.8 lbs/day (the basis for the 84 kWh per year adder) is 
significantly overestimated. NEEA and NPCC also stated that the 
distribution of annual icemaking cycles is skewed toward the lower end 
of the range, with the average being impacted by a relatively small 
number of frequent ice users; accordingly, NEEA and NPCC commented that 
median usage values of 0.63 lbs/day and 0.49 lbs/day for through-the-
door and in-freezer models, respectively, would be more representative 
of typical use. (NEEA and NPCC, 2012 TP Rulemaking No. 41 at p. 2)
    Similarly, a GE study on approximately 4,900 units found average 
ice consumption of 0.83 lbs/day, with a median consumption of 0.59 lbs/
day. GE and AHAM both supported a revised fixed icemaking energy 
consumption adder of 28 kWh per year, based on the median usage rate of 
0.59 lbs/day. (AHAM, 2012 TP Rulemaking No. 37 at p. 6; GE, 2012 TP 
Rulemaking No. 40 at pp. 3-4) AHAM further commented that it would 
oppose any adder greater than 36 kWh per year, corresponding to the 
average daily ice use of 0.76 lbs/day from the NEEA and NPCC studies. 
(AHAM, 2012 TP Rulemaking No. 37 at p. 6)
    In the June 2017 RFI, DOE again requested comment on how its test 
procedures should account for automatic icemaking energy consumption 
and on the availability of any additional consumer use data. 82 FR 
29782-29783.

[[Page 70849]]

    AHAM recommended that DOE adopt a permanent adder of 28 kWh per 
year for icemaker energy use. AHAM reiterated its 2014 comments, which 
indicated that the current understanding of consumer ice consumption 
rates supports a lower ice consumption than previously estimated. 
(AHAM, No. 5 at pp. 2-3) AHAM also noted that 28 kWh per year may even 
be an overestimate because it accounts for converting 90 [deg]F water 
into ice. (AHAM, No. 5 at p. 3) Samsung noted that it had previously 
commented in support of measuring automatic icemaker energy 
consumption, but that was based on the fixed adder of 84 kWh per year. 
With more current ice usage data corresponding to a fixed adder of 28 
kWh per year, the Samsung stated that the potential for energy savings 
is only around 2 percent and measuring icemaker energy use would not be 
appropriate, and instead supported a revised fixed adder of 28 kWh per 
year. (Samsung, No. 8 at p. 2) BSH also commented that more recent 
consumer use data indicates lower rates of ice consumption than assumed 
to develop the current 84 kWh per year adder. BSH stated that the lower 
ice consumption rate corresponds to 28 kWh per year, over half of which 
is the latent energy required for the phase change to make ice, so less 
than half of the energy use is the result of the automatic icemaker, 
and does not warrant any testing. Therefore, BSH supported revising the 
adder from 84 kWh per year to 28 kWh per year. (BSH, No. 2 at pp. 1-2)
    AHAM also commented that an icemaker energy test would 
significantly increase burden without a corresponding benefit to the 
representativeness or accuracy of the test procedure. (AHAM, No. 5 at 
p. 2) AHAM stated that an icemaker energy test would increase burden by 
50 percent to account for only 2.5 to 4.5 percent of a product's energy 
use. (AHAM, No. 5 at p. 4) BSH commented that an icemaker test is very 
burdensome and would more than double the amount of time required to 
test the appliance, and therefore opposed an energy test for icemaking. 
(BSH, No. 2 at p. 2) FSI strongly supports the use of, or option to 
use, a placeholder value for icemaker installation because it stated 
that a test for automatic icemaking would be beyond the capabilities of 
smaller laboratories (meeting supply water conditions) and would 
significantly increase the costs for outside test laboratories. (FSI, 
No. 6 at pp. 1-2) Samsung also stated that because of the additional 
test burden and uncertainty in an icemaking measurement, it no longer 
believes that a measurement is appropriate and supports a revised fixed 
adder of 28 kWh per year. (Samsung, No. 8 at p. 2) Sub Zero referred to 
AHAM's estimate that half of icemaker energy use is the thermodynamic 
energy needed to freeze water, and therefore only 14 kWh per year is 
attributed to the automatic icemaker. Sub Zero commented that any 
feasible improvements to the icemaker would save a homeowner well less 
than a dollar per year, which is not worth the burden and cost of 
icemaker testing. (Sub Zero, No. 4 at p. 2)
    The Joint Commenters commented that a test to measure actual 
icemaker energy use is the most appropriate approach to account for 
icemaker energy use. They stated that measured energy use is superior 
to the fixed adder approach currently in use not only because it 
provides consumers with more accurate information on the energy use 
associated with icemaking, but it provides manufacturers with an 
incentive to improve icemaker energy efficiency and drive reductions in 
total refrigerator energy consumption. (Joint Commenters, No. 7 at p. 
3) The Joint Commenters noted that testing of 10 icemakers conducted by 
DOE and the National Institute of Standards and Technology (``NIST'') 
found that some icemakers use up to twice as much energy per pound of 
ice produced as others and that differences in energy use were 
significant even among similar refrigerator models. They continued to 
urge DOE to investigate a method to measure icemaker energy use without 
adding undue additional test burden. (Joint Commenters, No. 7 at p. 3) 
The Joint Commenters further commented that if the fixed adder approach 
is retained for icemaker energy use, DOE should evaluate available data 
to determine a more appropriate value for the adder. They referred to 
field data from NEEA and one manufacturer suggesting that average ice 
production is closer to 0.8 lbs/day rather than 1.8 lbs/day, and to 
testing by DOE and NIST that found icemaker energy use ranging from 
0.092 to 0.192 kWh per pound, or 27 to 56 kWh per year assuming an ice 
production rate of 0.8 lbs/day. The Joint Commenters stated that, given 
the small number of products tested, the range of energy use could be 
much larger and demonstrates the difficulty in establishing a single 
fixed adder value. (Joint Commenters, No. 7 at p. 4)
    DOE agrees that the more recent consumer use data suggest that 
typical daily ice consumption is lower than previously estimated. 
Consistent with the recommendations from interested parties during the 
previous test procedure rulemaking and in response to the June 2017 
RFI, DOE has initially determined that the median ice consumption value 
of 0.59 lbs/day is representative of typical consumer use.
    DOE initially considered a test procedure for icemaking energy 
consumption to better represent the energy consumption of units in the 
field and to incentivize manufacturers to improve efficiencies of 
automatic icemakers. However, based on a lower value of daily ice 
consumption as identified through data submitted by commenters, the 
overall energy consumption associated with icemaking in actual 
operation appears much lower than estimated for the current fixed 
adder. As a result, icemaker efficiency would have a much lower impact 
on a unit's overall energy consumption, and DOE expects that 
manufacturers would have even less incentive to pursue efficiency 
improvements through icemaker performance.
    A laboratory-based icemaker test may allow for a more 
representative estimate of icemaking energy consumption for a given 
model, which could in some instances provide incentives for 
manufacturers to improve icemaking efficiency. However, DOE agrees with 
the comments from interested parties estimating that incorporation of 
an icemaking energy test procedure would increase testing time by 50 
percent. Based on testing cost estimates provided in response to the 
June 2017 RFI, this would equate to a cost increase of $2,500 per test 
as compared to the current test procedure.\18\ At ice consumption 
levels reported by NEEA and NPCC and GE, the benefits of a laboratory-
based test procedure would likely not outweigh the burdens associated 
with this testing. Therefore, DOE is proposing to continue using the 
fixed adder approach, rather than a laboratory-based test method, to 
account for automatic icemaker energy consumption, with a revised value 
of 28 kWh per year (through an adder of 0.0767 kW in the per-day energy 
use calculations). DOE continues to request comment on whether the 
proposed fixed adder of 28 kWh per year is appropriate and on any 
additional consumer use data regarding automatic icemakers.
---------------------------------------------------------------------------

    \18\ The total cost per test is based on FSI's comment stating 
between $4,500 and $5,000 per refrigerator test conducted at outside 
laboratories. (FSI, No. 6 at p. 1)
---------------------------------------------------------------------------

    DOE is aware of products available on the market with two automatic 
icemakers. Typically, these products are certified as product class 5A 
(automatic defrost refrigerator-freezers with bottom-

[[Page 70850]]

mounted freezers and through-the-door ice service) with an icemaker in 
the freezer compartment and another contained in the through-the-door 
ice service in the fresh food compartment. The refrigerator-based 
icemaker provides access for frequent through-the-door ice service, 
while the freezer-based icemaker provides an in-freezer storage 
container for infrequent bulk ice use. In the June 2017 RFI, DOE 
requested comment on how its test procedures should address products 
with multiple automatic icemakers. 82 FR 29783.
    AHAM commented that consumer ice consumption rates likely do not 
change based on the number of automatic icemakers their product has 
because the second icemaker is typically used on occasions such as a 
party or to fill a cooler, which would likely be true for a consumer 
with one icemaker on those occasions. AHAM stated that the second 
icemaker is a matter of convenience rather than increased production, 
and therefore proposed applying the same fixed adder of 28 kWh per year 
for these products. (AHAM, No. 5 at p. 5)
    Upon further consideration, including AHAM's comment, DOE 
understands that consumers with dual-icemaker products are not likely 
to use more ice than consumers with single-icemaker products. DOE is 
proposing that the same fixed adder would apply for any products with 
automatic icemaking, regardless of the number of icemakers in the 
product. DOE requests comment on this proposal and feedback regarding 
any available consumer use data for products with multiple automatic 
icemakers.
    In response to the June 2017 RFI, AHAM also commented that DOE 
should not immediately require manufacturers to use the revised fixed 
adder. Instead, AHAM stated that DOE should wait until the compliance 
date of the next potentially amended standards, otherwise, 
manufacturers would have to re-certify and re-label their products. 
(AHAM, No. 5 at pp. 4-5)
    DOE acknowledges AHAM's comment regarding the burden of re-
certifying and re-labeling their products. However, as DOE has 
tentatively determined that the revised energy adder would more 
accurately measure energy use during a representative average use 
cycle, DOE is required to include the revised energy adder in the 
amended test procedure. (42 U.S.C. 6293(b)(1)(A)) Additionally, having 
tentatively determined that the revised energy adder will alter the 
measured energy use of consumer refrigeration products with automatic 
icemakers as determined under the existing test procedure, DOE is 
required to amend the energy conservation standards for these products 
during this test procedure rulemaking. (42 U.S.C. 6293(e)(2)) In 
determining the amended energy conservation standard, DOE must measure, 
pursuant to the amended test procedure, the energy use of a 
representative sample of these consumer refrigeration products with 
automatic icemakers that minimally comply with the existing standard. 
The average of such energy use under the amended test procedure then 
must constitute the amended energy conservation standard for the 
applicable covered products. Id. In this case, as DOE is proposing to 
reduce the energy adder for automatic icemakers by 56 kWh per year (the 
difference between the current value of 84 kWh per year and the 
proposed value of 28 kWh per year), the measured energy use of 
minimally-compliant products will also decrease by 56 kWh per year. As 
such, DOE is proposing to amend the energy conservation standards for 
consumer refrigeration products with automatic icemakers to reflect a 
reduction of 56 kWh per year in the equation for maximum energy use. 
Further, in order to reduce the burden on manufacturers of re-
certifying and re-labeling their products, DOE is proposing a one-year 
lead-time period before any amended standards would go into effect. 
Table III-I and Table III-II include the current and proposed amended 
energy conservation standards for the product classes with automatic 
icemakers.

Table III-I--Proposed Amended Energy Conservation Standards for Consumer Refrigerator, Refrigerator-Freezer, and
                                Freezer Product Classes with Automatic Icemakers
----------------------------------------------------------------------------------------------------------------
                                            Current equations for  maximum      Proposed equations for  maximum
                                                 energy use  (kWh/yr)                energy use  (kWh/yr)
              Product class              -----------------------------------------------------------------------
                                             Based on AV                        Based on  AV
                                               (ft\3\)      Based on  av (L)       (ft\3\)      Based on  av (L)
----------------------------------------------------------------------------------------------------------------
3I. Refrigerator-freezers--automatic        8.07AV + 317.7   0.285av + 317.7    8.07AV + 261.7   0.285av + 261.7
 defrost with top-mounted freezer with
 an automatic icemaker without through-
 the-door ice service...................
3I-BI. Built-in refrigerator-freezers--     9.15AV + 348.9   0.323av + 348.9    9.15AV + 292.9   0.323av + 292.9
 automatic defrost with top-mounted
 freezer with an automatic icemaker
 without through-the-door ice service...
4I. Refrigerator-freezers--automatic        8.51AV + 381.8   0.301av + 381.8    8.51AV + 325.8   0.301av + 325.8
 defrost with side-mounted freezer with
 an automatic icemaker without through-
 the-door ice service...................
4I-BI. Built-In Refrigerator-freezers--    10.22AV + 441.4   0.361av + 441.4   10.22AV + 385.4   0.361av + 385.4
 automatic defrost with side-mounted
 freezer with an automatic icemaker
 without through-the-door ice service...
5I. Refrigerator-freezers--automatic        8.85AV + 401.0   0.312av + 401.0    8.85AV + 345.0   0.312av + 345.0
 defrost with bottom-mounted freezer
 with an automatic icemaker without
 through-the-door ice service...........
5I-BI. Built-In Refrigerator-freezers--     9.40AV + 420.9   0.332av + 420.9    9.40AV + 364.9   0.332av + 364.9
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker
 without through-the-door ice service...
5A. Refrigerator-freezer--automatic         9.25AV + 475.4   0.327av + 475.4    9.25AV + 419.4   0.327av + 419.4
 defrost with bottom-mounted freezer
 with through-the-door ice service......
5A-BI. Built-in refrigerator-freezer--      9.83AV + 499.9   0.347av + 499.9    9.83AV + 443.9   0.347av + 443.9
 automatic defrost with bottom-mounted
 freezer with through-the-door ice
 service................................
6. Refrigerator-freezers--automatic         8.40AV + 385.4   0.297av + 385.4    8.40AV + 329.4   0.297av + 329.4
 defrost with top-mounted freezer with
 through-the-door ice service...........

[[Page 70851]]

 
7. Refrigerator-freezers--automatic         8.54AV + 432.8   0.302av + 432.8    8.54AV + 376.8   0.302av + 376.8
 defrost with side-mounted freezer with
 through-the-door ice service...........
7-BI. Built-In Refrigerator-freezers--     10.25AV + 502.6   0.362av + 502.6   10.25AV + 446.6   0.362av + 446.6
 automatic defrost with side-mounted
 freezer with through-the-door ice
 service................................
9I. Upright freezers with automatic         8.62AV + 312.3   0.305av + 312.3    8.62AV + 256.3   0.305av + 256.3
 defrost with an automatic icemaker.....
9I-BI. Built-in upright freezers with       9.86AV + 344.9   0.348av + 344.9    9.86AV + 288.9   0.348av + 288.9
 automatic defrost with an automatic
 icemaker...............................
13I. Compact refrigerator-freezers--       11.80AV + 423.2   0.417av + 423.2   11.80AV + 376.2   0.417av + 376.2
 automatic defrost with top-mounted
 freezer with an automatic icemaker.....
14I. Compact refrigerator-freezers--        6.82AV + 540.9   0.241av + 540.9    6.82AV + 484.9   0.241av + 484.9
 automatic defrost with side-mounted
 freezer with an automatic icemaker.....
15I. Compact refrigerator-freezers--       11.80AV + 423.2   0.417av + 423.2   11.80AV + 367.2   0.417av + 367.2
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker.....
----------------------------------------------------------------------------------------------------------------


Table III-II--Proposed Amended Energy Conservation Standards for Product
Classes of Miscellaneous Refrigeration Products With Automatic Icemakers
------------------------------------------------------------------------
                                                            Proposed
            Product class             Current  maximum    maximum  AEU
                                         AEU (kWh/yr)       (kWh/yr)
------------------------------------------------------------------------
C-9I. Cooler with upright freezer       5.58AV + 231.7    5.58AV + 175.7
 with automatic defrost with an
 automatic icemaker.................
C-9I-BI. Built-in cooler with           6.38AV + 252.8    6.38AV + 196.8
 upright freezer with automatic
 defrost with an automatic icemaker.
------------------------------------------------------------------------

E. Built-In Test Configuration

    Built-in consumer refrigeration products generally are products 
that (1) have unfinished sides that are not intended to be viewable 
after installation; (2) are designed exclusively to be installed 
totally encased by cabinetry, fastened to the adjoining cabinetry, 
walls, or floor; and (3) are either equipped with a factory-finished 
face or accept a custom front panel. 10 CFR 430.2. In the July 2013 
NOPR, DOE presented data indicating that testing in a built-in 
enclosure may affect measured energy consumption for certain 
configurations of built-in products. 79 FR 41610, 41649-41650. 
Specifically, those products that reject condenser heat at the back of 
the unit showed a potential increase in energy use when tested in an 
enclosure. DOE observed no significant change in energy use associated 
with the test configuration for those products that reject heat from 
the front of the unit. DOE did not propose any changes to the test 
requirements for built-in products at that time, but requested comment 
on the appropriate test configuration for built-in refrigerators, 
refrigerator-freezers, and freezers. Id. DOE provided additional time 
to comment on the built-in testing issue prior to the April 2014 Final 
Rule, but did not address the issue in that rule.
    In the rulemaking leading to the April 2014 Final Rule, DOE 
received multiple comments on testing for built-in products. Some 
commenters supported testing built-in products in an enclosure, stating 
that this would represent how the products are used in the field. 
(Joint Commenters, 2012 TP Rulemaking No. 42 at pp. 5-6; NEEA and NPCC, 
2012 TP Rulemaking No. 41 at p. 4)
    Other interested parties opposed the enclosure test setup, stating 
that it would result in a significant increase in test burden with 
little or no corresponding change in measured energy consumption. These 
interested parties also stated that, for the products with different 
measured energy use between the freestanding and enclosure test setups 
(i.e., those products with heat rejection at the rear of the unit), the 
enclosure configuration that DOE used (based on Underwriters 
Laboratories (``UL'') Standard 250, ``Household Refrigerators and 
Freezers'' (``UL 250'')) was not necessarily consistent with 
manufacturer installation instructions. (AHAM, 2012 TP Rulemaking No. 
37 at pp. 16-17; BSH, 2012 TP Rulemaking No. 21 at p. 1; Liebherr-
Canada, Ltd. (``Liebherr''), 2012 TP Rulemaking No. 34 at pp. 1-4; Sub-
Zero, 2012 TP Rulemaking No. 36 at p. 2) Liebherr provided additional 
test data indicating that units with rear condensers do not have 
significantly different measured energy consumption when tested without 
an enclosure compared to that when testing in an enclosure consistent 
with the manufacturer installation instructions. (Liebherr, 2012 TP 
Rulemaking No. 34 at pp. 1-4)
    In the June 2017 RFI, DOE requested further information on 
appropriate testing for built-in products, including energy impacts of 
testing in an enclosure, representativeness of test results compared to 
actual consumer use, test burden, and any potential alternative test 
approaches. 82 FR 29783-29784.
    AHAM stated that there is no value in requiring built-in testing 
for products that reject heat out the front of the unit because doing 
so would not increase the representativeness of the test. (AHAM, No. 5 
at p. 5) FSI stated that it strongly supports the current procedure of 
testing built-in appliances in a freestanding configuration. (FSI, No. 
6 at p. 2)
    AHAM commented that the UL 250 enclosure is not the most 
representative test for built-in products that reject heat from the 
back of the unit because it would not include proper venting according 
to the manufacturer

[[Page 70852]]

installation instructions. AHAM noted that, when installed according to 
manufacturer instructions, these units would consume little or no 
additional energy when compared to the freestanding test. Therefore, 
AHAM opposed any revisions to the test procedure that would require 
testing built-in models in the built-in condition. (AHAM, No. 5 at pp. 
5-6) BSH stated that its products discharge condenser air out the front 
of the product, and while there is some residual heat gain from an 
enclosure, it is minimal. BSH stated that the potential variation from 
misinterpretation of installation instructions is not worth the small 
amount of energy captured through an enclosure test procedure. (BSH, 
No. 2 at p. 2) Sub Zero commented that, based on decades of testing, it 
sees no need to test built-in products in enclosures. Sub Zero stated 
that it has more experience with built-in products than any other 
manufacturers, and for its products that exhaust air through the front 
of the product, there is no technical reason to expect a difference 
when testing with or without an enclosure. (Sub Zero, No. 4 at p. 2)
    BSH further commented that an enclosure for built-in products can 
lead to different interpretations and variations in the test because 
products can be installed in many different ways (e.g., side-by-side, 
with cabinets between the refrigerator and freezer, etc.), so 
installation instructions differ for the various applications. (BSH, 
No. 2 at p. 2) FSI stated that, unless instructions were followed 
precisely, reproducible results would be impossible because many units 
have specific installation instructions for ventilation. Additionally, 
FSI commented that if manufacturers must submit installation 
instructions to DOE, it would impose another reporting burden, and that 
preparing proper installation instructions may also be costly and 
difficult to reproduce for verification. (FSI, No. 6 at p. 2)
    AHAM commented that requiring enclosures for built-in testing would 
significantly increase burden without a corresponding benefit to the 
representativeness or accuracy of the test procedure. AHAM commented 
that the built-in test would make the test procedure unduly burdensome 
to conduct because there are so many different sizes of built-in units 
and so many customizable configurations that would require an excessive 
number enclosures. According to data AHAM collected from its members, 
it is possible that manufacturers could be required to have from three 
to 12 different size enclosures in order to test built-in units. AHAM 
noted that manufacturers would need more than one of each of those 
sizes, for example, up to four, which means that manufacturers could be 
required to build and house 12 to 48 enclosures. AHAM stated that 
number would increase even further were the enclosure to be built 
according to the manufacturer's installation instructions (as it would 
need to be for a representative measurement). Additionally, AHAM 
commented that third-party test laboratories would potentially need to 
have all of the possible enclosures available as well. AHAM noted that 
not only would there be an expense to create all of those enclosures, 
but neither manufacturer nor third-party laboratories have the capacity 
to store them, and the enclosure would increase test time to install 
units in a built-in configuration. (AHAM, No. 5 at p. 2, 6)
    BSH, FSI, and Sub Zero echoed AHAM's comments, stating that an 
enclosure would make the test longer and more burdensome due to the 
different sizes of enclosures needed for the range of different size 
products available. (BSH, No. 2 at p. 2; FSI, No. 6 at p. 2; Sub Zero, 
No. 4 at p. 2) FSI further stated that the labor for a custom enclosure 
could add $1,000 or more to each energy test. (FSI, No. 6 at p. 2)
    The Joint Commenters stated that built-in products should be tested 
in an enclosure, regardless of their configuration or heat-rejection 
approach. They commented that testing of built-in products in a built-
in condition, as they are installed in the field, will be more 
representative of field energy consumption than testing in a free-
standing condition. They also stated that DOE should establish 
guidelines for the test enclosure that are consistent with general 
installation instructions for these products. (Joint Commenters, No. 7 
at p. 4)
    DOE acknowledges that the test enclosures based on UL 250 are not 
consistent with all manufacturer instructions, which may provide for 
additional spacing and airflow pathways around the test unit to ensure 
adequate airflow across the condenser and heat transfer from the 
condenser to the ambient air. Accordingly, the test results presented 
in the July 2013 NOPR for the unit with a rear condenser when tested 
with an enclosure may not represent energy use when installed according 
to manufacturer instructions for all such units.
    Test results from the July 2013 NOPR indicate that the test 
configuration does not have a significant impact on measured energy 
consumption when testing units that exhaust heat from the front of the 
unit. For units with rear condensers, test configuration appears to 
have no significant impact on measured energy consumption when tested 
in an enclosure consistent with manufacturer recommendations (according 
to additional data supplied by Liebherr in response to the July 2013 
NOPR). Additionally, because of the variety of manufacturer 
installation instructions, a standardized test enclosure may not 
produce measurements of energy use representative of actual 
installations for all units with rear condensers. As such, DOE believes 
that testing with an enclosure would impose an unnecessary test burden 
on manufacturers and third-party test laboratories that would outweigh 
any corresponding improvement to measured energy consumption. DOE has 
tentatively determined that testing built-in units in enclosures 
consistent with the manufacturer installation instructions would have 
no significant difference compared to testing in a freestanding 
configuration. Therefore, DOE is not proposing to amend the current 
requirement that all units be tested in the freestanding configuration.
    However, because any test procedure that DOE adopts must be 
reasonable designed to produce results that measure energy use of the 
relevant product during a representative average use cycle or period of 
use, and must not be unduly burdensome to conduct, DOE welcomes further 
comment and additional data on this issue. Specifically, DOE requests 
any information on how built-in products are installed in the field 
(i.e., whether they are installed in accordance with manufacturers' 
instructions) and on whether the built-in installation, as installed in 
the field, has any impact on energy consumption.

F. Test Setup

1. Thermocouple Configuration for Freezer Drawers
    As discussed in section III.C of this document, Appendix A and 
Appendix B incorporate by reference portions of HRF-1-2008 for testing 
requirements. Section 5.5.5.5 of HRF-1-2008 includes figures specifying 
thermocouple placement for several example fresh food and freezer 
compartment configurations. HRF-1-2008 also notes that in situations 
where the interior of a cabinet does not conform to the configurations 
shown in the example figures, measurements must be taken at

[[Page 70853]]

locations chosen to represent approximately the entire cabinet.
    In the June 2017 RFI, DOE discussed that HRF-1-2008 and HRF-1-2016 
provide a specific thermocouple location diagram for freezer 
compartments in refrigerator-freezers (type 6 in Figure 5-2). However, 
the diagram for this configuration is based on an upright, front-
opening freezer compartment, and does not explicitly address drawer-
type freezer compartments. Based on its experience testing these 
products at third-party test laboratories, DOE noted that additional 
specification may be required regarding which thermocouple layout is 
appropriate for drawer-type freezer compartments in refrigerator-
freezers. DOE stated in the June 2017 RFI that sensor layout type 6 is 
likely appropriate for testing drawer-type freezer compartments in 
refrigerator-freezers and requested feedback on this clarification. 82 
FR 29784.
    AHAM commented that it had issued errata to HRF-1-2008 and HRF-1-
2016 adding a note to Figure 5-2 indicating that if the compartment 
volume is less than 2 cubic feet, then a single thermocouple shall be 
located at the geometric center of the compartment. AHAM noted that 
this statement was previously included in HRF-1-2008 Section 5.8.1, but 
AHAM issued the errata because it believed placement of the sentence 
was causing confusion regarding thermocouple placement in freezer 
drawers (i.e., freezers with compartment volume less than 2 cubic 
feet). AHAM stated that this change should resolve DOE's concern and 
urged DOE to acknowledge the errata as part of its incorporation by 
reference of Figure 5-2, and there would be no need for DOE to change 
the test procedure. AHAM commented that DOE could, perhaps, issue 
guidance acknowledging that the errata are included in DOE's 
incorporation by reference of Figure 5-2; alternatively, AHAM stated 
that DOE could incorporate by reference HRF-1-2016, for which AHAM has 
also issued the same errata. (AHAM, No. 5 at p. 9)
    As stated in section III.C of this proposed rule, DOE is proposing 
to incorporate by reference HRF-1-2016 for both Appendix A and Appendix 
B. This incorporation by reference would also include any relevant 
errata to HRF-1-2016, including the clarification to Figure 5-2. DOE is 
also proposing to amend Appendix A and Appendix B to explicitly specify 
that for freezer drawers, the thermocouple setup for drawer-type 
freezer compartments shall follow sensor layout type 6 specified in 
HRF-1-2016. DOE expects that all drawer-type freezer compartments are 
already tested using sensor layout type 6, and therefore, this proposed 
amendment would likely not affect how any units are currently tested. 
DOE requests feedback on whether this sensor layout or any other 
thermocouple configurations set forth in HRF-1-2016 require any 
additional detail.
2. Test Platform Requirements
    Section 2.1.3 in both Appendix A and Appendix B requires that a 
test platform be used if the test chamber floor temperature is not 
within 3 [deg]F of the measured ambient temperature. If a platform is 
used, it must have a solid top with all sides open for air circulation 
underneath, and its top shall extend at least 1 foot beyond each side 
and front of the unit under test and extend to the wall in the rear. 
DOE included this requirement to limit the variability of airflow near 
the unit during testing. Airflow directly at the base of the unit may 
increase heat transfer from the condenser and compressor compartment, 
resulting in better measured energy performance compared to a unit with 
no airflow at the base of the unit.
    The text of section 2.1.3 in Appendix A and Appendix B does not 
explicitly address the setup for a test chamber floor that has vents 
for airflow. Such a test chamber floor is analogous to a ``platform'' 
because the floor is elevated above an airflow pathway. Therefore, 
testing should follow the same procedure required for a test platform. 
To limit potential confusion regarding appropriate test setup and 
corresponding variability in airflow at the base of a unit under test, 
DOE is proposing that a floor with holes or vents for airflow at the 
base of a test unit would need to meet the same requirements as a 
platform. Therefore, DOE is proposing to specify that for a test 
chamber floor that allows for airflow (e.g., through a vent or holes), 
any airflow pathways through the floor must be located at least 1 foot 
away from all sides of the unit. DOE requests comment on this proposed 
amendment, including information on any associated testing burden and 
whether additional instructions regarding airflow around the test unit 
may be necessary to limit test variability. Based on DOE's experience 
with third party laboratories, DOE believes that this proposal is 
consistent with current industry practice, and therefore DOE expects 
that this proposal would not impact measured energy use.
3. Separate External Temperature Controls
    Certain refrigerators do not include integrated temperature 
controls within the cabinet assembly. Rather, the refrigerator is 
intended to be connected to a separate freezer that houses the controls 
for both the refrigerator and freezer cabinets. DOE granted a waiver to 
Liebherr Canada, Ltd. (Liebherr) to allow for testing such a product. 
79 FR 19886 (April 10, 2014). Under the waiver approach, Liebherr must 
test the refrigerator according to Appendix A with the additional 
requirement that the freezer cabinet (with controls for both the 
refrigerator and freezer) be close enough to allow for the electrical 
connection to the refrigerator, but far enough away to avoid 
interfering with ambient airflow or other test conditions. The freezer 
must be set to the ``off'' position for testing. Id. at 79 FR 19887-
19888.
    DOE is not aware of any other products for which the cabinet 
controls are housed in a separate product; however, DOE is proposing to 
amend Appendix A and Appendix B to address such cases to eliminate the 
potential need for additional test procedure waivers. DOE is proposing 
to follow the approach specified in the Liebherr waiver, but with 
revisions to be applicable to different cabinet configurations. The 
proposed test procedure specifies that if a product's controls are 
external to the cabinet, the product shall be connected to the controls 
as needed for normal operation, but any additional equipment needed for 
testing shall not interfere with ambient airflow or other test 
conditions, and the controls for any other cabinets shall be set to the 
``off'' position during testing. DOE is proposing to include these 
requirements in new sections 2.10 and 2.9 in Appendix A and Appendix B, 
respectively.
    DOE requests comment on its proposed approach and on whether any 
further instructions would be needed to address products with 
temperature controls separate from the product cabinet.

G. Test Conditions

1. Vertical Gradient
    Section 2.1.2 of both Appendix A and Appendix B requires that a 
test room vertical ambient temperature gradient of no more than 0.5 
[deg]F per foot (0.9 [deg]C per meter) must be maintained during 
testing. To demonstrate that this requirement has been met, test data 
must include measurements taken using temperature sensors at locations 
10 inches from the center of the two sides

[[Page 70854]]

of the unit under test at heights of 2 inches and 36 inches above the 
floor or supporting platform and at a height of 1 foot above the unit 
under test.
    Section 2.1.2 does not, however, specify when the vertical ambient 
temperature gradient must be maintained. Section 2.1.1 of both 
appendices specifies that the ambient temperature shall be maintained 
during both the stabilization period and test period. DOE believes that 
the vertical ambient temperature gradient should also be maintained 
during both the stabilization period and test period to ensure 
consistent ambient conditions throughout both periods. Thus, DOE is 
proposing that the vertical ambient temperature gradient be maintained 
during both the stabilization period and test period. DOE expects that 
this proposal would reduce the potential for testing variability, but 
does not believe that this proposal would impact measured energy use.
    Additionally, the requirement to measure temperature 1 foot above 
the unit under test does not explicitly address products with 
components that extend above the top of the refrigerated storage 
cabinet (e.g., beer dispensers or ``keg refrigerators'' with taps on 
top of the cabinet). The test procedure does not specify whether the 
temperature measurement should be made 1 foot above the main storage 
cabinet or 1 foot above the highest point of the unit under test. DOE 
is proposing that when measuring the vertical gradient from 1 foot 
above the unit, the top of the unit should be determined by the 
refrigerated cabinet height, excluding any accessories or protruding 
components on the top of the unit (e.g., taps/dispensers). DOE expects 
that this proposal would reduce the potential for testing variability 
and does not expect it to impact measured energy use, should it be 
adopted.
2. Stabilization
    Section 2.9 in Appendix A and section 2.7 in Appendix B each 
provide two options for determining whether steady-state conditions 
exist, based on a maximum rate of change of average compartment 
temperatures, for a unit under test. The first option specifies 
determining the rate of change of compartment temperatures by comparing 
temperature measurements recorded during a period of at least 2 hours 
to the measurements recorded over an equivalent time period, with 3 
hours elapsing between the two measurement periods.
    For test units with cycling compressors, it may not be possible to 
measure temperatures over complete compressor cycles while allowing 
exactly 3 hours to elapse between the measurement periods. However, as 
DOE stated in the July 2013 NOPR discussion of this topic, DOE 
considers the 3-hour period to represent a minimum elapsed time between 
temperature checkpoint periods. 78 FR 41610, 41651. Accordingly, DOE is 
proposing that for the stability check, the time elapsed between 
measurement periods must be at least 3 hours. This proposed amendment 
is consistent with the steady-state condition requirements included in 
section 3.28 of HRF-1-2008 and section 3.32 of HRF-1-2016. 
Additionally, DOE is proposing to amend the Appendix B stabilization 
criteria to match the wording and formatting of Appendix A for 
consistency.
    Additionally, in response to the June 2017 RFI, multiple interested 
parties commented regarding the use of the same data for the 
stabilization period and the test period when testing certain products. 
AHAM commented to reiterate its proposal that DOE include the 
stabilization period as part of the test period. Specifically, AHAM 
proposed that, in cases where part A stability (as stated in Appendix 
A, section 2.9) data can be used, the full stability data be used for 
the first part of the test instead of requiring a separate part one of 
the test. AHAM noted that this approach would shorten test time and 
allow testers to use data established over a long period of time (e.g., 
54 hours), instead of requiring that data to be essentially ignored. 
AHAM stated that with electronic data acquisition systems, there is no 
need to require separate data acquisition periods for stabilization and 
part one of the test. AHAM commented that this proposed change would 
not only reduce burden, but it would increase the accuracy of the test 
because part one of the test would be based on known stability, not on 
however the product behaves on a separate part one of the test. AHAM 
noted that for part B stability (as stated in Appendix A, section 2.9), 
the procedure should remain as currently written. AHAM included a 
graphical representation of its proposal attached at Exhibit B in the 
submitted comment. (AHAM, No. 5 at p. 8) BSH and Sub Zero both 
commented in support of AHAM's comment. (BSH, No. 2 at p. 2; Sub Zero, 
No. 4 at p. 2)
    DOE tentatively agrees that the stabilization period and part one 
of a two-part energy test capture essentially the same unit operation. 
As AHAM stated, using the stabilization period as the test period would 
also ensure that the product is stable. The current requirements 
establish stability prior to the test period. It could be possible, 
although unlikely, that a unit under test achieves stability during the 
stabilization period and reverts to unstable operation for the test 
period. Accordingly, DOE is proposing to amend the test period 
requirements in Appendix A and Appendix B to require that, if the part 
A stabilization criteria is used, that same period shall be used for 
test period data, where appropriate (i.e., for the test periods that do 
not capture defrosts).
    Additionally, DOE is aware that stabilization determinations may be 
difficult for products with multiple compressors or irregular 
compressor cycling. For these products, the average compartment 
temperatures over one complete compressor cycle may not be 
representative of the average compartment temperatures over a longer 
period of operation with multiple compressor cycles. For example, a 
product with a combination of long and short compressor on cycles 
during normal operation would likely have either higher or lower 
average compartment temperatures over an individual compressor on/off 
cycle, when compared to the average compartment temperatures over a 
longer period of operation with multiple compressor cycles.
    Products with this type of operation may not be able to meet the 
requirements for determining the start and end points for the defrost 
portion of the test when using the two-part test as provided in section 
4.2.1.1 in Appendix A and Appendix B (and 4.2.3.4.2 in Appendix A for 
multiple-compressor products) because the average temperature of an 
individual compressor cycle may never match the average temperature 
over a longer period of operation including many compressor cycles. For 
these products using the two-part test method, DOE is proposing to 
include an alternate determination of when to start and end the defrost 
test period. To begin the period, DOE is proposing that average 
compartment temperatures be determined over one or more complete 
compressor cycles before a defrost. The average temperatures over the 
multiple complete compressor cycles must be within 0.5 [deg]F of the 
average determined over the first part of the test, and all cycles 
included in the averaging period would be included within the defrost 
test period. Similarly, the test period would end with a period of 
complete compressor cycles after a defrost with the average compartment 
temperatures over that period within 0.5 [deg]F of the average 
determined over the first part of

[[Page 70855]]

the test. All compressor cycles included in the averaging period would 
be included in the defrost test period.
    For products with multiple compressors, the asynchronous cycling of 
the different compressors may make it even more difficult to determine 
whether average compartment temperatures are within 0.5 [deg]F of the 
average temperatures for the first part of the test. To address this 
issue, DOE is proposing that if a multiple compressor product cannot 
meet the 0.5 [deg]F criteria, the test period shall include precool, 
defrost, and recovery time for the defrosted compartment, as well as 
sufficient dual compressor cycles to allow the length of the test 
period to be at least 24 hours, unless a second defrost occurs prior to 
completion of 24 hours, in which case the second part of the test shall 
include a whole number of complete primary compressor cycles comprising 
at least 18 hours. The test period would start at the end of a regular 
freezer compressor on-cycle after the previous defrost occurrence 
(refrigerator or freezer). The test period would also include the 
target defrost and following freezer compressor cycles, ending at the 
end of a freezer compressor on-cycle before the next defrost occurrence 
(refrigerator or freezer). This proposed approach is consistent with an 
existing waiver test method for a multiple compressor product, as 
described further in Section III.J.2.a of this document.\19\
---------------------------------------------------------------------------

    \19\ See case number RF-042.
---------------------------------------------------------------------------

    DOE requests feedback on these proposed amendments and whether they 
would result in any unexpected testing issues. Additionally, DOE seeks 
comment on the proposed amendments for testing conditions, including 
the vertical ambient temperature gradient and stabilization provisions. 
DOE welcomes information on the testing burden and impacts on test 
repeatability and reproducibility associated with these proposed test 
conditions.

H. Features Not Directly Addressed in Appendix A or Appendix B

1. Door-In-Door Designs
    DOE's test procedures for consumer refrigeration products represent 
operation in typical room conditions with door openings by testing at 
an elevated ambient temperature with no door openings. 10 CFR 
430.23(a)(7). The increased thermal load from the elevated ambient 
temperature represents the thermal load associated with both door 
openings, as warmer ambient air mixes with the refrigerated air inside 
the cabinet, and the loading of warmer items in the cabinet.
    As discussed in the June 2017 RFI, DOE is aware of certain products 
available on the market that incorporate a door-in-door design. This 
feature allows the consumer to access items loaded in the door shelves 
without opening an interior door that encloses the inner cabinet. This 
feature potentially prevents much of the cool cabinet air from escaping 
to the room and being replaced by warmer ambient air, as would be the 
case during a typical total door opening. 82 FR 29782.
    In response to the June 2017 RFI, AHAM and BSH commented that they 
do not have consumer use data regarding door-in-door designs, and that 
DOE should not amend the test procedure to address these features 
without having consumer use data. (AHAM, No. 5 at pp. 6-7; BSH, No. 2 
at p. 2) AHAM further stated that it would oppose any proposed change 
that would alter the closed door test, which is representative of 
consumer use because it is based on reliable data regarding ambient 
conditions and door openings. AHAM commented that door openings 
introduce significant variation into the test and dramatically increase 
test burden because of the need to control the door openings with 
precision; thus, the test should not be revised to include door 
openings even for only certain types of products. AHAM suggested that 
once statistically significant consumer data from field studies are 
available, DOE should evaluate possible calculation or other approaches 
that do not add test burden or change the representativeness, 
repeatability, or reproducibility of the test to account for door-in-
door designs. (AHAM, No. 5 at p. 7) Sub Zero further commented that the 
benefits of a 90 [deg]F ambient closed-door test have been fully 
demonstrated and no other test method provides the same accuracy, 
repeatability, comparability among models and configurations, and 
reasonable burden and cost for testing. Sub Zero stated that it 
appreciates the need for this type of test as a smaller manufacturer 
striving to remain competitive with large multi-national producers. 
(Sub Zero, No. 4 at pp. 1-2)
    The Joint Commenters stated that DOE's test procedures should be 
designed to capture the benefits of features that can provide energy 
savings in the field; therefore, additional investigation may be 
warranted to evaluate whether door-in-door designs have the potential 
to save a significant amount of energy, and if so, how these savings 
could be captured in the test procedure. The Joint Commenters provided 
the following example data regarding door-opening energy consumption: A 
Trinity University study estimated that door openings and container 
replacement account for about 17 to 23 percent of the overall cabinet 
load; and a study by the Florida Solar Energy Center similarly found 
that for a refrigerator with a rated annual energy consumption of 760 
kWh per year, door openings were responsible for about 19 percent of 
the total energy consumption. The Joint Commenters noted that reducing 
the energy consumption associated with door openings may therefore 
represent an opportunity for energy savings. (Joint Commenters, No. 7 
at pp. 1-2)
    Samsung commented in support of accounting for door-in-door designs 
using a field use factor to be established by testing various product 
configurations to establish energy-saving potential, and provided an 
example of how such a factor may be determined. Samsung stated that the 
door-in-door design on its products allows quick access to main door 
bins without opening the main refrigerator door, which reduces energy 
loss due to door openings. Limited Samsung testing indicated that the 
door-in-door feature reduces energy consumption by 7.4 percent assuming 
12 door openings per day; assuming 40 door openings per day and 50 
percent use of the outer door only, Samsung estimated that the door-in-
door feature would save around 9.8 percent energy consumption. Samsung 
also commented that it has developed a camera and display system that 
shows food items inside the refrigerator without opening the door, 
which similarly reduces door openings and saves energy. (Samsung, No. 8 
at pp. 1-2, 4-5)
    DOE agrees with the Joint Commenters and Samsung that the door-in-
door feature and camera/display systems have the potential to reduce 
energy consumption associated with door openings for these products. 
However, DOE does not believe that there is sufficient data regarding 
consumer usage patterns of this feature to warrant revisions to the 
test procedure at this time.
    Additionally, DOE notes that the storage volume associated with 
door shelves is typically much smaller than the main cabinet storage 
volume. Accordingly, DOE expects that most door openings are intended 
to provide access to the main storage cabinet, and that consumers are 
unlikely to frequently use only the outer door of products with a door-
in-door feature.
    For these reasons, DOE is not proposing to amend its test 
procedures

[[Page 70856]]

to address door-in-door designs (or other features that potentially 
reduce door openings, e.g., internal cameras) in this NOPR.
    To ensure that DOE's test procedures measure energy use of a 
product during a representative average use cycle or period of use, DOE 
continues to request comment on whether the existing test procedures 
should be amended to account for door-in-door designs or any other 
features that may reduce door openings. DOE also seeks information 
regarding what steps, if any, manufacturers are taking to estimate the 
energy use characteristics of products that use door-in-door designs. 
Further, DOE requests data, if any, on consumer use of the door-in-door 
feature or internal cameras (or any available consumer use information 
regarding door openings), including how often the outer door or camera 
is used in comparison to a full door opening, and the corresponding 
energy impacts of each type of door opening.
2. Display Screens and Connected Functions
    DOE observes that consumer refrigeration products that include user 
control panels or displays located on the front of the product are 
being introduced into the market. Many products incorporating these 
more advanced user interfaces also include internet connections to 
allow for additional functions. These features, which can control the 
product's function and provide additional user features, such as 
television or internet access, operate with many different control 
schemes, including activation by proximity sensors.
    The current DOE test procedures require that consumer refrigeration 
products that have a communication module for demand-response functions 
be tested with the communication module in the ``as shipped'' 
configuration. Section 2.10 of Appendix A and section 2.8 of Appendix 
B. Additionally, the current DOE test procedures, by referencing HRF-1-
2008, require testing with customer-accessible features not required 
for normal operation and which are electrically powered, manually 
initiated, and manually terminated, set at their lowest energy usage 
positions when adjustment is provided.
    In the June 2017 RFI, DOE requested feedback on how consumers 
typically use these product features. Specifically, DOE sought 
information on typical settings, and the manner and frequency in which 
consumers use the features to inform appropriate test procedures. 82 FR 
29782.
    AHAM strongly objected to DOE amending the test procedure to 
address these features absent consumer use data. (AHAM, No. 5 at p. 6) 
AHAM, Samsung, and Sub Zero commented that connected products are in 
the early stages of development and meaningful data on consumer use for 
connected features or display screens are currently unavailable, as 
there has been limited market penetration. (AHAM, No. 5 at p. 7; 
Samsung, No. 8 at p. 3; Sub Zero, No. 4 at p. 2) AHAM and Samsung 
stated that DOE should continue to require testing with these features 
in their lowest energy-use positions to avoid limiting innovation. 
(AHAM, No. 5 at p. 7; Samsung, No. 8 at p. 3)
    BSH commented that display screens consume energy in normal use and 
that energy is not captured during the existing test procedure. BSH 
supported a reasonable proposal to include some portion of the energy 
consumed by these features in the energy test, if they do not add 
burden to the test procedure. BSH noted that Appendix A refers to 
products with demand-response capability, and recommends that the test 
procedure instead refer to all connected products. BSH stated that 
connected communication modules consume a small amount of energy and 
can be easily captured during the energy test. BSH recommended testing 
with the communication module in the on position but not connected, 
consistent with the European energy test. (BSH, No. 2 at p. 2)
    The Joint Commenters encouraged DOE to amend the test procedure to 
capture energy consumption associated with display screens and 
connected functions. They noted that approximately 4 percent of ENERGY 
STAR-qualified products have connected capabilities. The Joint 
Commenters stated that there are at least two general types of display 
screens that are currently present in some consumer refrigeration 
products: One is a more advanced option screen for refrigerator 
functionality; the other, which is sometimes referred to as a ``Smart 
Screen,'' is essentially a tablet embedded into the refrigerator and 
offers users a view into the refrigerator as well as access to other 
features (e.g., to stream music, access the weather, etc.). The Joint 
Commenters recommended that DOE consider specifying that display 
screens be tested at their highest energy use position to provide both 
a consistent method for capturing the energy consumption associated 
with display screens and an incentive for manufacturers to provide 
display screen functionality with low power consumption. The Joint 
Commenters noted that the test procedure already uses the ``highest 
energy use'' approach for testing convertible compartments. The Joint 
Commenters also encouraged DOE to ensure that any network mode power 
consumption is captured in the test procedure, and referred to IEC 
Standard 62301 ``Household electrical appliances--Measurement of 
standby power'' (IEC Standard 62301) as a possible reference. (Joint 
Commenters, No. 7 at pp. 2-3)
    DOE acknowledges that the current version of IEC Standard 62301 
includes specifications for a ``network mode''; however, that standard 
defines network mode as a mode in which at least one network function 
is activated (such as reactivation via network command or network 
integrity communication), but where the primary function is not active. 
DOE notes that for consumer refrigeration products, the primary 
function of refrigerating the cabinet requires continuous operation, 
and therefore would always be active. Accordingly, consumer 
refrigeration products would never operate in network mode as defined 
in IEC Standard 62301.
    DOE expects that some consumers will use connected features if 
offered on a product. However, as noted by AHAM, Samsung, and Sub-Zero, 
connected products are in the early stages of development and 
meaningful data on consumer use for connected features or display 
screens are currently unavailable (AHAM, No. 5 at p. 7; Samsung, No. 8 
at p. 3; Sub Zero, No. 4 at p. 2). While the Joint Commenters referred 
to a ``network mode,'' DOE notes that Wi-Fi connectivity and associated 
display screens are relatively new features in consumer refrigeration 
products. DOE does not want to limit innovation or hinder manufacturers 
from offering these functions to consumers or impede the ability to 
provide potential utility that these features may offer. DOE 
understands that the connected features vary by model, and that further 
specifying a test to reflect the energy consumption of the various 
connected features would likely introduce test variability and increase 
test burden. Absent additional consumer use data, DOE is not proposing 
any amendments to the current test procedure approach.
    DOE also proposes to remove sections 2.10 of Appendix A and 2.8 of 
Appendix B, which state that 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

[[Page 70857]]

just before shipping.'' DOE recently published an RFI on the emerging 
smart technology appliance and equipment market. 83 FR 46886 (Sept. 17, 
2018). In that RFI, DOE sought information to better understand market 
trends and issues in the emerging market for appliances and commercial 
equipment that incorporate smart technology. DOE's intent in issuing 
the RFI was to ensure that DOE did not inadvertently impede such 
innovation in fulfilling its statutory obligations in setting 
efficiency standards for covered products and equipment. Additionally, 
as discussed in the RFI, DOE lacks data regarding consumer use of 
network features, including demand response. In this NOPR, consistent 
with the RFI, DOE proposes to remove the sections addressing products 
with demand-response capability from Appendix A and Appendix B. Under 
the proposed approach, the HRF-1-2016 requirement that customer 
accessible features not required for maintaining temperature be set at 
their lowest energy usage positions would apply to communication 
modules in demand-response capable products (with the ``off'' position 
as the lowest energy usage position). DOE seeks comment on this 
proposal and on the same issues presented in the RFI as they may be 
applicable to consumer refrigeration products.
    As discussed, under the current regulations, demand-response 
capable products are only tested with the communication module in the 
on position if a manufacturer ships the product in that configuration. 
A manufacturer may ship the demand-response capable product with the 
communication module in the off position, in which case, the 
communication module remains off for testing. Whether the energy use 
associated with the communication module is measured during testing is 
dependent upon the manufacturer. While the proposed change regarding 
demand-response capable products would affect the measured energy use 
for any demand-response capable products with the communication module 
shipped in the on position, DOE is not proposing to amend the energy 
conservation standards for these products in accordance with 42 U.S.C. 
6293(e)(2). DOE is only aware of demand-response capable products 
available on the market that are also ENERGY STAR qualified. Because 
manufacturers have the option of setting the as-shipped position, if a 
manufacturer were to sell a minimally-compliant demand-response capable 
product, the manufacturer would likely set the as-shipped position of 
the communication module to the off position. Accordingly, DOE 
estimates that this proposed test procedure change would have no impact 
on the measured energy use of minimally-compliant products and no 
amendment to the energy conservation standards is required.
    For other consumer-accessible features, such as display screens, 
DOE is proposing to maintain the existing approach, by referencing HRF-
1-2016, that these features be tested in their lowest energy use 
position. For displays screens, the lowest energy use position is with 
the screen off. Accordingly, the existing approach does not limit 
innovation or features available for use in display screens or similar 
consumer-accessible features, and is consistent with the discussion 
included in the September 2018 RFI.
    Although the Joint Commenters referred to the ``highest energy 
use'' approach for convertible compartments in supporting similar 
requirements for testing display screens and connected functions, DOE 
notes that the convertible compartment requirements are for testing 
associated with the primary function of the unit--refrigerating the 
internal storage cabinets. Display screens and connected functions are 
secondary features available on consumer refrigeration products.
    DOE requests information on the prevalence of models with display 
screens and connected functions, so that DOE can determine whether 
measurement of the energy use of these connected features would 
contribute to a test procedure that is reasonably designed to measure 
energy use or energy efficiency during a representative average use 
cycle or period of use, as required by EPCA (42 U.S.C. 6293(b)(3).
    DOE again requests information on how consumers typically use 
exterior display screens and control panels, when available. While any 
information would be welcome, because DOE is interested in information 
on energy use ratings that are representative of products in the field, 
DOE is particularly interested in any data that may yield insight into 
the manner and frequency with which consumers use these features. 
Additionally, DOE requests detailed feedback on the appropriate energy-
related settings to use for these types of features during testing.
    DOE also requests information on whether and how consumers 
typically use an internet connection, when available, for consumer 
refrigeration products. DOE also requests information on the potential 
energy impacts, if any, these available features would have on consumer 
refrigeration products.

I. Corrections

    The July 2016 Final Rule inadvertently omitted from Appendix A an 
optional method for calculating the average per-cycle energy 
consumption of refrigerators and refrigerator-freezers, which had been 
previously included as section 6.2.2.3 in the version of Appendix A 
established by the July 2014 Final Rule. See, section 6.2.2.3 of 
Appendix A to subpart B of 10 CFR part 430 (2015); see also, 79 FR 
22320, 22330-22332, 22354. That missing provision comprised a method 
for calculating average per-cycle energy consumption for models with 
two compartments and user-operable controls when using the optional 
test control settings and methodology specified for such models in 
section 3.3 of Appendix A. Specifically, it calculated the average per-
cycle energy consumption as the sum of: (1) The energy consumption 
defined and calculated as described in appendix M, section M4(a) of AS/
NZS 4474.1:2007, and (2) ``IET'', defined as 0.23 kWh per cycle for 
products with an automatic icemaker and 0 kWh per cycle for products 
without an automatic icemaker. DOE proposes to reinstate the missing 
section of Appendix A as established in the July 2014 Final Rule as 
section 6.2.3.3 to correspond to the revised section numbering 
established by the July 2016 Final Rule.
    DOE is proposing to revise the order of definitions in Appendix A 
to alphabetize the defined terms.
    DOE is also aware that section 6.1 in Appendix B inconsistently 
refers to adjusted volume using the terms ``AV'' and ``VA.'' DOE is 
proposing to amend section 6.1 so that only ``AV'' is used to refer to 
adjusted volume, consistent with the usage in Appendix A. DOE is also 
proposing to revise section 2.2 of Appendix B to include language 
consistent with Appendix A regarding exceptions and clarifications to 
cited sections of HRF-1-2016.
    In sections 3.2.1.1 of Appendix A and 3.2.1 of Appendix B, DOE is 
also proposing to modify the instructions to specify that the 
instructions regarding electronic control settings refer to the 
appropriate settings for the median test. In addition, DOE proposes to 
modify the formatting of Table 1 in both Appendix A and Appendix B, 
which summarizes the appropriate temperature settings, to better show 
how test settings and results match for each row in the table.

[[Page 70858]]

Additionally, DOE proposes to amend Table 1 in Appendix A and Appendix 
B to provide instructions regarding coverage and test procedure waivers 
rather than the current ``No energy use rating'' entry.
    DOE understands these proposed corrections as improving the 
readability of the test procedures and expects that, if adopted, these 
corrections would not impact how refrigeration products are currently 
tested, or impact the test results as compared to the current test 
procedures.

J. Compliance Date and Waivers

1. Compliance Date
    EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 180 days after publication of such a test procedure final 
rule in the Federal Register. (42 U.S.C. 6293(c)(2)) As noted, should 
the amendments proposed in this document be made final, the updated 
test procedure provisions related to the icemaker fixed adder, and the 
associated amended energy conservation standards, would be required for 
use one year after publication of such a test procedure final rule in 
the Federal Register.
    If DOE were to publish an amended test procedure for consumer 
refrigeration products, EPCA provides an allowance for individual 
manufacturers to petition DOE for an extension of the 180-day period if 
the manufacturer may experience undue hardship in meeting the deadline. 
(42 U.S.C. 6293(c)(3)) To receive such an extension, petitions must be 
filed with DOE no later than 60 days before the end of the 180-day 
period and must detail how the manufacturer will experience undue 
hardship. Id.
2. Waivers
    Upon the compliance date of an amended test procedure, should DOE 
issue such an amendment, any waivers that had been previously issued 
and are in effect that pertain to issues addressed by the amended test 
procedure are terminated. 10 CFR 430.27(h)(2). Recipients of any such 
waivers would be required to test the products subject to the waiver 
according to the amended test procedure as of the effective date of the 
amended test procedure.
a. Waivers Relevant to the Proposed Amendments
    DOE has granted a test procedure waiver to address testing 
multiple-compressor products that may not be able to meet all 
requirements included in Appendix A.\20\ That waiver addressed models 
with non-uniform cycling that makes direct use of the Appendix A 
requirements for evaluating temperature stability problematic. In its 
April 2014 final rule, DOE incorporated provisions to address the 
testing of products with multiple compressors, which were intended to 
obviate the need for waivers for multiple-compressor products. 79 FR 
22320, 22330 (April 21, 2014). However, in its petition for waiver, GE 
contended that due to certain characteristics of the basic models 
listed in the petition, the Appendix A test procedure does not allow 
for accurately measuring the energy consumption of these basic models. 
80 FR 7851, 7852 (Feb. 12, 2015). In the notice granting the waiver, 
DOE determined that the specified models would not be able to reach the 
temperature stability conditions specified in Appendix A. Id. at 80 FR 
7853. DOE has not received additional petitions for waiver on this 
issue. As discussed in section III.G.2 of this document, DOE is 
proposing amendments to Appendix A and Appendix B to address the issue 
in the GE waiver to limit the potential need for waivers for similar 
models that are unable to meet the current stability requirements in 
the test procedures. Should the proposed test procedure in this 
document be made final, GE's waiver would terminate on the compliance 
date of such a final rule and GE would be required to test the product 
that was the subject of its waiver according to the amended test 
procedure. DOE continues to request comment on potential amendments to 
Appendix A and Appendix B to address the issue of determining 
temperature stability for multiple-compressor products or other 
products with irregular compressor cycles.
---------------------------------------------------------------------------

    \20\ See case number RF-042.
---------------------------------------------------------------------------

    DOE has also granted a waiver to allow for testing an all-
refrigerator while connected to an upright freezer model that houses 
the controls for both cabinets.\21\ As discussed in section III.F.3 of 
this document, Liebherr offers a product which relies on a companion 
upright freezer model for control. DOE granted a waiver for this model 
that requires the manufacturer to test and rate the all-refrigerator 
while connected to the upright freezer controls, but with the freezer 
located away from the refrigerator to avoid interfering with ambient 
airflow or other test conditions. 79 FR 19886 (April 10, 2014). As 
discussed in section III.F.3 of this document, DOE is proposing 
amendments to Appendix A and Appendix B that would eliminate the need 
for waivers to test products with separate external controls. Should 
the proposed test procedure in this document be made final, Liebherr's 
waiver would terminate on the compliance date of such a final rule and 
Liebherr would be required to test the product that was the subject of 
its waiver according to the amended test procedure. DOE continues to 
request comment on whether such amendments to Appendix A and Appendix B 
are appropriate.
---------------------------------------------------------------------------

    \21\ See case number RF-035.
---------------------------------------------------------------------------

b. MREF Waivers
    At present, DOE has granted multiple waivers from the test 
procedures for consumer refrigeration products to address testing of 
products that currently are defined as refrigerators and combination 
cooler refrigeration products to determine compliance with the current 
consumer refrigerator, refrigerator-freezer, and freezer energy 
conservation standards.\22\ As explained in the July 2016 Final Rule, 
prior to the compliance date of the MREF energy conservation standards, 
combination cooler refrigeration products are subject to the energy 
conservation standards for refrigerators, refrigerators, and freezers 
based on testing according to relevant test procedure waivers. Id. at 
46771. As noted in the waivers,\23\ upon the compliance date of the 
MREF energy conservation standards (October 28, 2019) those waivers 
will terminate. The issues addressed in these waivers, specifically the 
alternate correction factor used for testing to determine compliance 
with existing refrigerator, refrigerator-freezer, and freezer energy 
conservation standards, would not be affected by the amendments 
proposed in this NOPR.
---------------------------------------------------------------------------

    \22\ See case numbers RF-040, RF-041, RF-044, RF-045, and RF-
047.
    \23\ See, 79 FR 55769 (Sep. 17, 2014); 82 FR 21209 (May 5, 
2017); 82 FR 36386 (Aug. 4, 2017); 80 FR 7854 (Feb. 12, 2015); 82 FR 
21211 (May 5, 2017); and 83 FR 11743 (March 16, 2018).
---------------------------------------------------------------------------

K. Test Procedure Impacts and Other Topics

1. Test Procedure Costs and Impacts
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. In this NOPR, DOE proposes to amend the existing 
test procedures for consumer refrigeration products in Appendix A and 
Appendix B. In general, the proposed changes would update the 
referenced industry test procedure; define the term ``compartment;'' 
amend the fixed adder

[[Page 70859]]

that accounts for automatic icemakers to better reflect consumer use; 
provide additional specificity for a number of test setup and test 
procedure requirements; combine the stabilization period with the test 
period for certain products; and add regulatory text inadvertently 
omitted in the previous test procedure rulemaking. DOE has tentatively 
determined that these proposed amendments would not be unduly 
burdensome for manufacturers to conduct and would reduce test burden 
for manufacturers.
    DOE's analysis of this proposal indicates that, if finalized, it 
would result in net cost savings to manufacturers.

Table III.1--Summary of Cost Impacts for Consumer Refrigeration Products
------------------------------------------------------------------------
                                      Present value      Discount rate
             Category                (million 2016$)       (percent)
------------------------------------------------------------------------
                                  Costs
------------------------------------------------------------------------
One-time re-testing and re-                       0.7                  3
 labeling costs...................                0.6                  7
------------------------------------------------------------------------
                              Cost Savings
------------------------------------------------------------------------
Reduction in future testing costs.               35.6                  3
                                                 24.3                  7
------------------------------------------------------------------------
                         Total Net Cost Impacts
------------------------------------------------------------------------
Total net cost impacts............             (34.8)                  3
                                               (23.6)                  7
------------------------------------------------------------------------


      Table III.2--Summary of Annualized Cost Impacts for Consumer
                         Refrigeration Products
------------------------------------------------------------------------
                                     Annualized value    Discount rate
             Category                (thousand 2016$)      (percent)
------------------------------------------------------------------------
                            Annualized Costs
------------------------------------------------------------------------
One-time re-testing and re-                        22                  3
 labeling costs...................                 44                  7
------------------------------------------------------------------------
                         Annualized Cost Savings
------------------------------------------------------------------------
Reduction in Future Testing Costs.              1,067                  3
                                                  952                  7
------------------------------------------------------------------------
                    Total Net Annualized Cost Impact
------------------------------------------------------------------------
Total Net Cost Impact.............            (1,045)                  3
                                                (907)                  7
------------------------------------------------------------------------

    Further discussion of the cost impacts of the proposed test 
procedure amendments are presented in the following paragraphs.
a. Proposed Amendment Regarding the Stabilization and Test Periods
    DOE proposes to combine the stabilization period with the test 
period for certain models of consumer refrigeration products. This 
proposal would decrease test burden by shortening the test duration for 
any model with stabilization determined according to sections 2.9(a) of 
Appendix A or 2.7(A) of Appendix B and with non-automatic defrost, or 
that would be tested to using the two-part test period. This amendment 
would apply to consumer refrigerators, refrigerator-freezers, freezers, 
and MREFs.
    Based on review of the Compliance Certification Database in DOE's 
Compliance Certification Management System (CCMS), DOE has identified 
3,641 models of consumer refrigerators, refrigerator-freezers, and 
freezers, representing 49 manufacturers, and 439 models of MREFs, 
representing 32 manufacturers, that would be impacted by this proposed 
amendment.
    DOE expects that this proposal would decrease test duration by at 
least 6 hours for these models (reflecting the 3-hour minimum test 
period duration at two temperature settings) and up to 48 hours 
(reflecting 24-hour test periods at each setting). Based on an 
estimated decreased test duration of at least 6 hours (i.e., a decrease 
in test time of greater than ten percent), DOE assumed a cost savings 
of approximately ten percent (i.e., $500 per test).\24\ Additionally, 
based on data from DOE's Compliance Certification Database, DOE 
anticipates that manufacturers would replace or modify existing models 
every 3.5 years. Therefore, on average, consumer refrigerator, 
refrigerator-freezer, and freezer manufacturers would introduce 
approximately 1,040 new or modified consumer refrigerator, 
refrigerator-freezer, or freezer models each year that would use these 
shorter overall testing periods. While, on average, MREF manufacturers 
would introduce 125 new or modified consumer MREF models each year that 
would use these shorter overall testing periods. Because DOE requires 
manufacturers to test at least two units per model, manufacturers would 
on average conduct 2,330 tests annually

[[Page 70860]]

using these shorter overall testing periods. Using these estimates, DOE 
anticipates industry cost savings of approximately $1,040,000 per year 
for consumer refrigerator, refrigerator-freezer, or freezer 
manufacturers and approximately $125,000 per year for MREF 
manufacturers.
---------------------------------------------------------------------------

    \24\ DOE expects that costs would decrease by a smaller 
percentage than the total reduction in test time due to fixed 
overhead and labor requirements for testing (i.e., test set up and 
data analysis would be unchanged). The total cost per test is based 
on FSI's comment stating between $4,500 and $5,000 per refrigerator 
test conducted at outside laboratories. (FSI, No. 6 at p. 1)
---------------------------------------------------------------------------

    DOE has initially determined that this proposed amendment to the 
test procedures for consumer refrigeration products would not require 
changes to the designs of these products, and that the proposed 
amendments would not impact the utility or the availability of consumer 
refrigeration product options. DOE expects that the proposed amendments 
would not impact the representations of energy efficiency or energy use 
for consumer refrigeration products currently on the market. 
Manufacturers would be able to rely on data generated under the current 
test procedure, should the proposed amendments regarding stabilization 
and test period be finalized. As such, manufacturers would not be 
required to retest consumer refrigeration products as a result of DOE's 
adoption of the proposed amendment to the test procedure stabilization 
period.
    DOE requests comment on its understanding of the impact and 
associated costs of this proposed stabilization and test period 
amendment.
b. Proposed Amendment Regarding Products With Demand-Response 
Capability
    DOE proposes to remove the sections addressing products with 
demand-response capability from Appendix A and Appendix B. Under the 
proposed approach, the HRF-1-2016 requirement that customer accessible 
features not required for maintaining temperature be set at their 
lowest energy usage positions would apply to communication modules in 
demand-response capable products (with the ``off'' position as the 
lowest energy usage position). This proposal could increase test burden 
by requiring some models to be re-tested with communication modules in 
the off position and potentially re-labeled if the re-tested energy 
consumption value changes. This would be a one-time re-testing and re-
labeling cost for manufacturers, as models introduced into the market 
after the test procedure proposal is required would not incur any 
additional costs.
    Based on review of the ENERGY STAR Database, DOE has identified 83 
models of refrigerators or refrigerator-freezers, representing 12 
manufacturers, and 8 models of freezers, representing two manufacturers 
that would be impacted by this proposed amendment.
    DOE conservatively estimates that all 91 models would be required 
to be re-tested with the communications models in the off position. 
Because DOE requires manufacturers to test at least two units per 
model, manufacturers would have to re-test 182 units to comply with 
this proposed test procedure amendment. DOE estimates a re-testing cost 
to manufacturers of $4,500 for a single unit.\25\ Using these 
estimates, DOE anticipates industry could incur costs up to $819,000 
re-testing products in the 180 days after this test procedure is 
finalized.
---------------------------------------------------------------------------

    \25\ Based on the initial $5,000 testing cost estimate and the 
$500 savings due to the stabilization criteria proposed in this 
amended test procedure proposal. DOE estimates that the 
stabilization period time savings would apply to all demand-response 
capable products.
---------------------------------------------------------------------------

    Additionally, manufacturers would have to re-label models if the 
re-tested energy consumption value changes. DOE estimates the average 
wage rate plus employer provided benefits for an employee to re-label 
models is $39.35 per hour.\26\ DOE estimates that it would take an 
employee approximately one hour to re-label a single model. Given the 
conservative estimate of 91 models that could have their measured 
energy consumption changed after being re-tested with the 
communications in the off position, DOE estimates industry would incur 
costs of approximately $3,580 to re-label models in the 180 days after 
this test procedure is finalized.
---------------------------------------------------------------------------

    \26\ The Bureau of Labor Statistics mean hourly wage rate for 
``Mechanical Engineering Technicians'' is $28.00. (May 2018; https://www.bls.gov/oes/current/oes173027.htm).
    Additionally, according to the 2016 Annual Survey of 
Manufacturers for NAICS code 33522, major appliance manufacturing, 
wages represent approximately 71 percent of the total cost of 
employment for an employer.
    (AMS 2016, NAICS code 33522; https://www.census.gov/programs-surveys/asm.html.)
---------------------------------------------------------------------------

    DOE requests comment on its understanding of the impact and 
associated costs of the proposed amendment regarding products with 
demand-response capability.
c. Proposed Amendment Regarding Energy Use Associated With Automatic 
Icemaking
    DOE is proposing to amend the automatic icemaker energy use adder 
in Appendix A and Appendix B and to amend the corresponding energy 
conservation standards for consumer refrigeration products with 
automatic icemakers (both amendments would reflect an energy use 
reduction of 56 kWh per year). This proposal would increase burden on 
manufacturers by requiring some models to be re-labeled with the 
updated annual energy consumption values.
    Based on review of the Compliance Certification Database in DOE's 
Compliance Certification Management System (CCMS), DOE has identified 
1,334 models with automatic icemakers, representing 28 manufacturers 
that could be impacted by this proposed amendment.
    As discussed in the previous section, DOE estimates approximately 
one hour for an employee to re-label a consumer freezer with automatic 
icemakers based on the proposed updated energy consumption values. 
Using the average wage rate plus employer provided benefits for an 
employee to re-label models of $39.35 per hour, calculated in the 
previous section, DOE anticipates industry would incur costs of 
approximately $52,500 one year after this test procedure is finalized.
    DOE requests comment on its understanding of the impact and 
associated costs of the proposed amendment regarding energy use 
associated with automatic icemaking.
d. Impact of the Other Proposed Amendments
    DOE anticipates that the remainder of the amendments proposed in 
this NOPR would not impact manufacturers' test or certification costs. 
Most of the proposed amendments would provide additional specificity to 
the applicability and conduct of the test procedures.
    DOE has initially determined that these other proposed amendments 
would not require changes to the designs of consumer refrigeration 
products, and that the proposed amendments would not impact the utility 
or availability of these products. The other proposed amendments would 
not impact the representations of energy efficiency or energy use of 
consumer refrigeration products. As a result, manufacturers would be 
able to rely on data generated under the current test procedure, should 
the proposed amendments be finalized. Manufacturers would not be 
required to retest consumer refrigeration products as a result of DOE's 
adoption of the other proposed amendments to the test procedure.
    DOE requests comment on its understanding of the impact and 
associated potential costs of these proposed amendments.
2. Harmonization With Industry Standards
    The test procedures for consumer refrigeration products at Appendix 
A and Appendix B incorporate by

[[Page 70861]]

reference the AHAM industry standard HRF-1-2008. DOE references HRF-1-
2008 for definitions, installation and operating conditions, 
temperature measurements, and volume measurements. In August 2016, AHAM 
released an updated version of the HRF-1 standard, HRF-1-2016, which 
DOE is evaluating as part of this rulemaking. As noted in comments from 
interested parties, the updates included in HRF-1-2016 harmonize with 
the current DOE test procedure. This includes updates to definitions, 
test requirements, formatting, and organization that are consistent 
with DOE's requirements.
    DOE requests comments on the benefits and burdens of the proposed 
updates and additions to industry standards referenced in the test 
procedure for consumer refrigeration products.
    DOE also requests comment on the benefits and burdens of adopting 
any industry/voluntary consensus-based or other appropriate test 
procedure, without modification.
    DOE notes that it is also aware of other international standards 
for testing consumer refrigeration products. AS/NZS 4474.1:2007 and 
Standard 62552:2007 (as well as a newer 2015 version) are used as test 
standards for international efficiency programs. These tests follow a 
similar methodology to the DOE and AHAM HRF-1 procedures--a closed door 
test in elevated ambient temperatures. However, the international 
standards vary from the DOE test by specifying different standardized 
compartment temperatures, ambient temperatures, and test periods. DOE 
has carefully considered these requirements when developing its 
existing test procedures and expects that its procedures, with HRF-1 
incorporated by reference, result in energy use ratings that are the 
most representative of consumer use in the United States, while 
limiting test burden.
3. Other Test Procedure Topics
    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for consumer refrigeration products not already addressed by the 
specific areas identified in this document. DOE particularly seeks 
information that would ensure that the test procedure measures energy 
efficiency during a representative average use cycle or period of use, 
as well as information that would help DOE create a procedure that 
would limit manufacturer test burden. Comments regarding repeatability 
and reproducibility are also welcome.
    In particular, DOE notes that under Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' Executive 
Branch agencies such as DOE must manage the costs associated with the 
imposition of expenditures required to comply with Federal regulations. 
See 82 FR 9339 (Feb. 3, 2017). Consistent with that Executive Order, 
DOE encourages the public to provide input on measures DOE could take 
to lower the cost of its regulations applicable to consumer 
refrigeration products consistent with the requirements of EPCA.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Administrator of the Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget (OMB) has 
determined that the proposed regulatory action is a significant 
regulatory action under section (3)(f) of Executive Order 12866. 
Accordingly, this action was reviewed by OIRA in the Office of 
Management and Budget (OMB).

B. Review Under Executive Orders 13771 and 13777

    On January 30, 2017, the President issued Executive Order (E.O.) 
13771, ``Reducing Regulation and Controlling Regulatory Costs.'' E.O. 
13771 stated the policy of the executive branch is to be prudent and 
financially responsible in the expenditure of funds, from both public 
and private sources. E.O. 13771 stated it is essential to manage the 
costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations.
    Additionally, on February 24, 2017, the President issued E.O. 
13777, ``Enforcing the Regulatory Reform Agenda.'' E.O. 13777 required 
the head of each agency designate an agency official as its Regulatory 
Reform Officer (RRO). Each RRO oversees the implementation of 
regulatory reform initiatives and policies to ensure that agencies 
effectively carry out regulatory reforms, consistent with applicable 
law. Further, E.O. 13777 requires the establishment of a regulatory 
task force at each agency. The regulatory task force is required to 
make recommendations to the agency head regarding the repeal, 
replacement, or modification of existing regulations, consistent with 
applicable law. At a minimum, each regulatory reform task force must 
attempt to identify regulations that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of Information Quality 
Act, or the guidance issued pursuant to that Act, in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    DOE initially concludes that this rulemaking is consistent with the 
directives set forth in these executive orders. This proposed rule is 
estimated to result in a cost savings. The proposed rule would yield an 
annualized cost savings of approximately $907,000 (2016$) using a 
perpetual time horizon discounted to 2016 at a 7 percent discount rate. 
Therefore, if finalized as proposed, this rule is expected to be an 
E.O. 13771 deregulatory action.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: http://energy.gov/gc/office-general-counsel.
    DOE reviewed this proposed rule to amend the test procedures for 
consumer refrigeration products under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. This NOPR proposes to amend DOE's consumer refrigeration 
products test procedure to include a compartment definition; 
incorporate by reference AHAM HRF-1-2016; revise the energy-

[[Page 70862]]

use adder for automatic icemakers; provide further specification on 
test setup, conduct, and calculations; require that the stabilization 
period be used as the test period for certain products; and correct 
minor issues in Appendix A and Appendix B.
    DOE uses the Small Business Administration's (``SBA'') small 
business size standards to determine whether manufacturers qualify as 
small businesses, which are listed by the North American Industry 
Classification System (``NAICS'').\27\ The SBA considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. The 2017 NAICS code for consumer refrigeration products is 
335220, major household appliance manufacturing.\28\ The threshold 
number for NAICS code 335220 is 1,500 employees. This employee 
threshold includes all employees in a business's parent company and any 
other subsidiaries.
---------------------------------------------------------------------------

    \27\ Available online at: https://www.sba.gov/document/support-table-size-standards.
    \28\ The NAICS Association updated its industry classification 
codes in early 2017. The previous 2012 NAICS code for consumer 
refrigerators, refrigerator-freezers, and freezers was 335222, 
household refrigerator and home freezer manufacturing.
---------------------------------------------------------------------------

    Most of the manufacturers supplying consumer refrigeration products 
are large multinational corporations. DOE conducted a focused inquiry 
into small business manufacturers of products covered by this 
rulemaking. DOE primarily used DOE's Compliance Certification Database 
\29\ for consumer refrigerators, refrigerator-freezers, and freezers to 
create a list of companies that sell consumer refrigeration products 
covered by this rulemaking in the United States. DOE identified a total 
of 67 distinct companies that sell consumer refrigeration products in 
the United States.
---------------------------------------------------------------------------

    \29\ www.regulations.doe.gov/certification-data. Accessed 
October 5, 2018.
---------------------------------------------------------------------------

    DOE then reviewed these companies to determine whether the entities 
met the SBA's definition of ``small business'' and screened out any 
companies that do not offer products covered by this rulemaking, do not 
meet the definition of a ``small business,'' or are foreign-owned and 
operated. Based on this review, DOE has identified eight domestic 
manufacturers of consumer refrigeration products that are potential 
small businesses. Through this analysis, DOE has determined the 
expected effects of this rulemaking on these covered small businesses 
and whether an IRFA was needed (i.e., whether DOE could certify that 
this rulemaking would not have a significant impact).
    DOE is proposing to combine the stabilization period with the test 
period for certain products. DOE expects that this proposal would 
decrease test duration by at least 6 hours for these models (reflecting 
the 3-hour minimum test period duration at two temperature settings) 
and up to 48 hours (reflecting 24-hour test periods at each setting). 
DOE estimates that this would translate to a cost savings of $500 per 
test for these models (an estimated 10 percent of total testing costs). 
Based on review of the Compliance Certification Database in DOE's CCMS, 
DOE has identified 312 models affected by the proposed amendment of the 
stabilization period, representing seven small domestic manufacturers. 
Additionally, based on data from DOE's Compliance Certification 
Database, DOE anticipates that small domestic manufacturers would 
replace or modify existing models every 3.5 years; therefore, on 
average, small domestic manufacturers would introduce approximately 89 
new or modified models each year that would use these shorter overall 
testing periods. Because DOE requires manufacturers to test at least 
two units per model, small manufacturers would on average conduct 178 
tests annually using these shorter overall testing periods. Using these 
estimates, DOE anticipates the proposed stabilization amendment would 
save small domestic manufacturers approximately $89,000 per year. 
Therefore, DOE determined that this proposed amendment to the test 
procedure would lead to cost savings for small domestic manufacturers.
    FSI commented in response to the June 2017 RFI that, on average, 
they pay between $4,500 and $5,000 per refrigerator test conducted at 
outside laboratories. FSI further stated that test costs can be reduced 
and procedures simplified by allowing the use of manufacturers' stated 
volumes (from computer-aided design (``CAD'') or other accurate 
drawings and calculations) instead of requiring a measurement for each 
test. FSI noted that this approach is likely to be more accurate than 
manual measurements, referencing a NIST study identifying as high as a 
40-percent discrepancy between laboratories measuring volume in compact 
refrigerators. To minimize test cost and burden, FSI recommended: 
Accepting manufacturer volume calculations, accepting a wider range of 
temperatures (e.g., 40 or 41 [deg]F in the fresh food compartment for 
dual zone units), and allowing more simplified and flexible probe 
locations. (FSI, No. 6 at pp. 1, 3)
    DOE is not proposing any amendments to the test procedures for 
consumer refrigeration products that would increase the cost of these 
tests at third-party or manufacturer test laboratories. DOE understands 
that relying on CAD to calculate volumes decreases test burden compared 
to physically measuring volume on each test unit. Accordingly, DOE 
already allows manufacturers to use such designs in certifying product 
volumes. In 10 CFR 429.72, DOE states that total refrigerated volume of 
a basic model may be determined by performing a calculation of the 
volume based upon CAD models of the basic model in lieu of physical 
measurements of a production unit of the basic model, according to the 
applicable provisions in the test procedures for measuring volume. DOE 
is not proposing amendments to allow different ranges for standardized 
compartment temperatures nor to allow for multiple thermocouple 
locations during testing (except for when the standardized locations 
cannot be followed). These test requirements ensure that test results 
are comparable between models and between test facilities. The 
requirements also limit variability by ensuring that the test is 
conducted consistently for a given model. Therefore, DOE is proposing 
to maintain the existing standardized compartment temperatures and 
thermocouple locations.
    FSI further commented that DOE's test procedures impose a 
significant burden on businesses. For small businesses, FSI stated that 
staff time for testing is not available for innovating, designing, or 
researching, and that the complexity of the test procedure makes it 
unlikely that anyone with less than an engineering degree or equivalent 
would be able to read, interpret, and implement the testing and 
reporting. FSI commented that testing to understand uncertainty 
regarding repeatability and reproducibility is worthwhile to better 
understand the limitations of the test procedure, but it is unaware of 
results of any such testing. FSI noted that the NIST study for volume 
measurements showed significant differences between laboratories and 
would argue that the test procedures are too complex. For a small 
business, FSI commented that the burden is magnified by smaller 
available resources and a smaller base of sales. (FSI, No. 6 at pp. 2-
3)
    As stated earlier in this section, DOE is not proposing any 
amendments to the test procedures for consumer refrigeration products 
that would increase the cost of these tests at third-

[[Page 70863]]

party or manufacturer test laboratories. Similarly, none of the 
proposed amendments would increase the test procedure complexity beyond 
the current level. DOE requests feedback on how the test procedure may 
be simplified to further reduce the burden associated with manufacturer 
testing.
    The proposed test procedure amendments could increase burden on 
small businesses either due to potential re-testing of products with 
demand response capabilities and/or re-labeling of products with 
automatic icemakers. DOE was not able to identify any small businesses 
that manufacture products with demand response capabilities.\30\ Based 
on review of the Compliance Certification Database in DOE's CCMS, DOE 
has identified 109 models of consumer refrigerators, refrigerator-
freezers, and freezers, representing four small businesses, that 
manufacture products with automatic icemakers. Using these estimates, 
DOE estimates that the four small businesses manufacturing products 
with automatic icemakers would incur a one-time re-labeling cost of 
approximately $4,290, or approximately $1,072 per small business.
---------------------------------------------------------------------------

    \30\ Based on DOE's search of the ENERGY STAR database.
---------------------------------------------------------------------------

    As previously discussed, DOE expects that the proposed merging of 
the stabilization and test periods for certain models would decrease 
manufacturer test burden for small businesses, by approximately $89,000 
per year. Overall, DOE estimates that the proposed amendments for small 
businesses would translate to a cost savings of approximately $84,700 
in the year small businesses must re-label products with automatic 
icemakers and then cost savings of approximately $89,000 each year 
after.
    Therefore, DOE concludes that the impacts of the proposed test 
procedure amendments in this NOPR would not have a ``significant 
economic impact on a substantial number of small entities,'' and that 
the preparation of an IRFA is not warranted. DOE will transmit the 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).
    DOE seeks comment on its initial finding that eight small 
businesses manufacture consumer refrigeration products in the United 
States with fewer than 1,500 total employees. Additionally, DOE 
requests comment on its determination that the proposed amendments 
would not have a significant economic impact on these small businesses.

D. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of consumer refrigeration products must certify to 
DOE that their products comply with any applicable energy conservation 
standards. To certify compliance, manufacturers must first obtain test 
data for their products according to the DOE test procedures, including 
any amendments adopted for those test procedures. DOE has established 
regulations for the certification and recordkeeping requirements for 
all covered consumer products and commercial equipment, including 
consumer refrigeration products. (See generally 10 CFR part 429.) 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 35 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

E. Review Under the National Environmental Policy Act of 1969

    DOE is analyzing this proposed regulation in accordance with the 
National Environmental Policy Act of 1969 (NEPA) and DOE's NEPA 
implementing regulations (10 CFR part 1021). DOE's regulations include 
a categorical exclusion for rulemakings interpreting or amending an 
existing rule or regulation that does not change the environmental 
effect of the rule or regulation being amended. 10 CFR part 1021, 
subpart D, Appendix A5. DOE anticipates that this rulemaking qualifies 
for categorical exclusion A5 because it is an interpretive rulemaking 
that does not change the environmental effect of the rule and otherwise 
meets the requirements for application of a categorical exclusion. See 
10 CFR 1021.410. DOE will complete its NEPA review before issuing the 
final rule.

F. Review Under Executive Order 13132

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

G. 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

[[Page 70864]]

defines key terms, and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in sections 3(a) and 3(b) to determine whether they are met 
or it is unreasonable to meet one or more of them. DOE has completed 
the required review and determined that, to the extent permitted by 
law, the proposed rule meets the relevant standards of Executive Order 
12988.

H. Review Under the Unfunded Mandates Reform Act of 1995

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

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

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

J. Review Under Executive Order 12630

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

K. 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 proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

L. Review Under Executive Order 13211

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

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.
    The proposed amendments to the test procedures for consumer 
refrigeration products incorporate testing methods contained in certain 
sections of the following commercial standard: AHAM Standard HRF-1-
2016, ``Energy and Internal Volume of Refrigerating Appliances,'' 
including Errata to Energy and Internal Volume of Refrigerating 
Appliances, Correction Sheet issued August 3, 2016. DOE has evaluated 
this standard and is unable to conclude whether it fully complies with 
the requirements of section 32(b) of the FEAA, (i.e., that they were 
developed in a manner that fully provides for public participation, 
comment, and review). DOE will consult with the Attorney General and 
the Chairman of the FTC concerning the impact of this test procedure on 
competition, prior to prescribing a final rule.

N. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by AHAM, titled ``Energy and Internal Volume of 
Refrigerating Appliances,'' HRF-1-2016, including Errata to Energy and 
Internal Volume of Refrigerating Appliances, Correction Sheet issued 
August 3, 2016. HRF-1-2016 is an industry standard used to evaluate 
energy use and refrigerated volume for

[[Page 70865]]

consumer refrigeration products. Specifically, the test procedures 
proposed in this NOPR would reference: (i) Section 3-Definitions; (ii) 
Section 4-Method for Computing Refrigerated Volume of Refrigerators, 
Refrigerator-Freezers, Wine Chillers, and Freezers; Section 4.2-Total 
volume; Section 4.3-Legend for Figures 4-1 through 4-3; Figure 4-2; and 
Figure 4-3; and (iii) Section 5-Method for Determining the Energy 
Consumption of Refrigerators, Refrigerator-Freezers, Wine Chillers, and 
Freezers; Section 5.3.2-Ambient Relative Humidity through Section 
5.5.6.4-Freezer Compartment Temperature (Automatic Defrost Freezer); 
Figure 5-1; and Figure 5-2.
    Copies of HRF-1-2016 may be purchased from the Association of Home 
Appliance Manufacturers at 1111 19th Street NW, Suite 402, Washington, 
DC 20036, (202) 872-5955, or by going to http://www.aham.org/.
    The incorporation by reference of AS/NZS 4474.1:2007 in appendix A 
to subpart B of part 430 has already been approved by the Director of 
the Federal Register and there are no proposed changes in this NOPR.

V. Public Participation

A. Attendance at Public Meeting

    The time, date and location of the public meeting are listed in the 
DATES and ADDRESSES sections at the beginning of this document. If you 
plan to attend the public meeting, please notify the Appliance and 
Equipment Standards Program staff at (202) 287-1445 or by email: 
[email protected].
    Please note that foreign nationals visiting DOE Headquarters are 
subject to advance security screening procedures which require advance 
notice prior to attendance at the public meeting. If a foreign national 
wishes to participate in the public meeting, please inform DOE of this 
fact as soon as possible by contacting Ms. Regina Washington at (202) 
586-1214 or by email: [email protected] so that the 
necessary procedures can be completed.
    DOE requires visitors to have laptops and other devices, such as 
tablets, checked upon entry into the building. Any person wishing to 
bring these devices into the Forrestal Building will be required to 
obtain a property pass. Visitors should avoid bringing these devices, 
or allow an extra 45 minutes to check in. Please report to the 
visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. DHS maintains an updated website 
identifying the State and territory driver's licenses that currently 
are acceptable for entry into DOE facilities at https://www.dhs.gov/real-id-enforcement-brief. Acceptable alternate forms of Photo-ID 
include a U.S. Passport or Passport Card; an Enhanced Driver's License 
or Enhanced ID-Card issued by States and territories identified on the 
DHS website (Enhanced licenses issued by these states are clearly 
marked Enhanced or Enhanced Driver's License); a military ID; or other 
Federal government issued Photo-ID card.
    In addition, you can attend the public meeting via webinar. Webinar 
registration information, participant instructions, and information 
about the capabilities available to webinar participants will be 
published on DOE's website: https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=37&action=viewlive. 
Participants are responsible for ensuring their systems are compatible 
with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

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

C. Conduct of Public Meeting

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

D. Submission of Comments

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

[[Page 70866]]

If your comment is not processed properly because of technical 
difficulties, DOE will use this information to contact you. If DOE 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, DOE may not be able to consider your 
comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or postal mail. 
Comments and documents submitted via email, hand delivery, or mail also 
will be posted to http://www.regulations.gov. If you do not want your 
personal contact information to be publicly viewable, do not include it 
in your comment or any accompanying documents. Instead, provide your 
contact information on a cover letter. Include your first and last 
names, email address, telephone number, and optional mailing address. 
The cover letter will not be publicly viewable as long as it does not 
include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. The proposed definition for ``compartment'' and whether any 
further clarifying amendments are needed for the use of the term 
``compartment.'' (See section III.B.2 of this document.)
    2. The proposal to update the industry standard reference to HRF-1-
2016, and whether the updated reference would substantively impact any 
test requirements. (See section III.C of this document.)
    3. The proposal to change the current icemaker fixed adder from 84 
kWh per year to 28 kWh per year to better reflect typical residential 
ice making and consumption, and whether this adder is appropriate for 
products incorporating multiple icemakers. (See section III.D of this 
document.)
    4. The proposal to amend the energy conservation standards for 
consumer refrigeration products with automatic icemakers in accordance 
with 42 U.S.C. 6293(e), including the proposed one-year lead-time 
period. (See section III.D of this document.)
    5. The proposal to maintain the freestanding test approach for 
built-in products. (See section III.E of this document.)
    6. The proposed clarification to the thermocouple configuration for 
drawer freezer compartments. (See section III.F.1 of this document.)
    7. The proposal to clarify that floors with holes or vents for 
airflow be subject to the existing platform requirements. (See section 
III.F.2 of this document.)
    8. The proposed instructions for testing products with separate 
external temperature controls. (See section III.F.3 of this document.)
    9. The proposed revisions to the vertical gradient and 
stabilization test conditions, including the proposed requirement that, 
in certain test situations, the stabilization period serve as the test 
period. (See section III.G of this document.)
    10. Whether additional test procedures amendments are necessary to 
accurately reflect energy use of products with door-in-door designs, 
products that incorporate display screens, or products with connected 
functions. (See section III.H of this document.)
    11. Whether additional test procedure amendments may be appropriate 
to address issues identified in existing test procedure waivers. (See 
section III.J.2 of this document.)

[[Page 70867]]

    12. The testing cost impacts and manufacturer burden associated 
with the test procedure amendments described in this document, 
including, but not limited to, the proposed stabilization and test 
period amendment, the proposed amendment regarding products with 
demand-response capabilities, and the proposed amendment regarding the 
automatic icemaker energy adder. (See section III.K.1 of this 
document.)
    13. The benefits and burdens of adopting any industry/voluntary 
consensus-based or other appropriate test procedure, without 
modification. (See section III.K.2 of this document.)
    14. Any other aspect of the existing test procedure for consumer 
refrigeration products not already addressed by the specific areas 
identified in this document. DOE particularly seeks information that 
would improve the representativeness of the test procedure, as well as 
information that would help DOE create a procedure that would limit 
manufacturer test burden. Comments regarding repeatability and 
reproducibility are also welcome. (See section III.K.3 of this 
document.)
    15. Information that would help DOE create procedures that would 
limit manufacturer test burden through streamlining or simplifying 
testing requirements. Consistent with Executive Order 13771 ``Reducing 
Regulation and Controlling Regulatory Costs,'' DOE encourages the 
public to provide input on measures DOE could take to lower the cost of 
its regulations applicable to consumer refrigeration products 
consistent with the requirements of EPCA. (See section III.K.3 of this 
document.)
    16. The initial finding that there are eight small businesses 
manufacturing consumer refrigeration products in the United States with 
fewer than 1,500 total employees and that the proposed amendments would 
not have a significant economic impact on these small businesses. (See 
section IV.C of this document.)

VI. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

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

    Signed in Washington, DC, on November 18, 2019.
Alexander Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of Chapter II of Title 10, Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. 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
2. In Sec.  430.3 revise paragraph (i)(4) to read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (i) * * *
    (4) AHAM HRF-1-2016, (``HRF-1-2016''), Energy and Internal Volume 
of Refrigerating Appliances (January 1, 2016), including Errata to 
Energy and Internal Volume of Refrigerating Appliances, Correction 
Sheet (August 3, 2016), IBR approved for appendices A and B to subpart 
B of this part.
* * * * *
0
3. Appendix A to subpart B of part 430 is amended by:
0
a. Revising the introductory note and sections 1, 2.1.2, 2.1.3, 2.2, 
2.6, 2.7, 2.9, 3.2.1.1, 3.2.1.2, 3.2.1.3, 3.2.3, 4.1, 4.2.1, 4.2.1.1, 
4.2.3.4.2, 5.1, 5.1.3, 5.1.4, 5.1.5, 5.3, and 6.2.3.1;
0
b. Removing section 2.10; and
0
c. Adding new sections 0, 2.10, and 6.2.3.3.
    The additions and revisions 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:  Prior to [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE 
FINAL RULE], any representations of energy use of consumer 
refrigeration products must be based on the results of testing 
pursuant to either this appendix or the procedures in Appendix A as 
it appeared at 10 CFR part 430, subpart B, Appendix A, in the 10 CFR 
parts 200 to 499 edition revised as of January 1, 2019. Any 
representations of energy use must be in accordance with whichever 
version is selected. On or after [DATE 180 DAYS AFTER DATE OF 
PUBLICATION OF THE FINAL RULE], any representations of energy use 
must be based on the results of testing pursuant to this appendix.
    For refrigerators and refrigerator-freezers, manufacturers must 
use the rounding requirements specified in sections 5.3.e and 6.1 of 
this appendix for all representations of energy use on or after the 
compliance date of any amendment of energy conservation standards 
for these products published after [DATE OF PUBLICATION OF THE FINAL 
RULE]. For combination cooler refrigeration products, manufacturers 
must use the test procedures in this appendix for all 
representations of energy use on or after October 28, 2019.

Section 0. Incorporation by Reference

    DOE incorporated by reference HRF-1-2016 in its entirety in 
Sec.  430.3; however, only enumerated provisions of this document 
are applicable to this appendix, as follows:
    (a) AHAM HRF-1-2016, (``HRF-1-2016''), Energy and Internal 
Volume of Refrigerating Appliances (January 1, 2016), including 
Errata to Energy and Internal Volume of Refrigerating Appliances, 
Correction Sheet, as follows:
    (i) Section 3--Definitions, as specified in section 1 of this 
appendix; and Section 3.34, as specified in section 5.3 of this 
appendix;
    (ii) Section 4--Method for Computing Refrigerated Volume of 
Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; 
Section 4.2--Total volume; Section 4.3--Legend for Figures 4-1 
through 4-3; Figure 4-2; and Figure 4-3, as specified in section 5.3 
of this appendix; and
    (iii) Section 5--Method for Determining the Energy Consumption 
of Refrigerators, Refrigerator-Freezers, Wine Chillers, and 
Freezers; Section 5.5.1, as specified in section 2.6 of this 
appendix; Section 5.3.2--Ambient Relative Humidity through Section 
5.5.6.4--Freezer Compartment Temperature (Automatic Defrost 
Freezer), as specified in sections 2.2, and 2.6 of this appendix; 
and Figure 5-1; and Figure 5-2, as specified in section 5.1 of this 
appendix.

1. Definitions

    Section 3, Definitions, of HRF-1-2016 applies to this test 
procedure, except that the term ``wine chiller'' means ``cooler'' as 
defined in Sec.  430.2.
    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

[[Page 70868]]

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.
    Compartment means an enclosed space within a consumer 
refrigeration product that is directly accessible through one or 
more external doors and may be divided into sub-compartments.
    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 
[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 
[deg]F of the starting temperature), having in the interim risen to 
a maximum and subsequently fallen again to reach the second minimum.
    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) as determined according to 
Sec.  429.14(d)(2) or Sec.  429.61(d)(2) of this chapter.
    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-1-2016 means AHAM Standard HRF-1-2016, Association of Home 
Appliance Manufacturers, Energy and Internal Volume of Refrigerating 
Appliances (2016), including Errata to Energy and Internal Volume of 
Refrigerating Appliances, Correction Sheet issued August 3, 2016. 
Only sections of HRF-1-2016 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-1-2016.
    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 [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.
    Stable operation means operation after steady-state conditions 
have been achieved but excluding any events associated with defrost 
cycles. During stable operation the rate of change of compartment 
temperatures must not exceed 0.042 [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.
    Sub-compartment means an enclosed space within a compartment 
that may have a different operating temperature from the compartment 
within which it is located.
    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

* * * * *
    2.1.2 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 [deg]F per foot (0.9 [deg]C per meter) during the 
stabilization period and the test period. 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. The 
top of the unit under test shall be determined by the refrigerated 
cabinet height, excluding any special or protruding components on 
the top of the unit.
    2.1.3 Platform. A platform must be used if the floor temperature 
is not within 3 [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. For a test 
chamber floor that allows for airflow through the floor (e.g., 
through a vent or holes), any airflow pathways through the floor 
must be located at least 1 foot away from all sides of the unit.
    2.2 Operational Conditions. The unit under test shall be 
installed and its operating

[[Page 70869]]

conditions maintained in accordance with sections 5.3.2 through 
5.5.6.4 of HRF-1-2016. Exceptions and clarifications to the cited 
sections of HRF-1-2016 are noted in sections 2.3 through 2.8, 2.10, 
and 5.1 of this appendix.
* * * * *
    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 section 
5.5.1 of HRF-1-2016;
    (d) Temperature control settings for testing shall be as 
described in section 3 of this appendix. Settings for temperature-
controllable sub-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 [deg]F (12.8 [deg]C) and also 
capable of operating at storage temperatures less than 37 [deg]F. 
Sub-compartments with a temperature control shall be tested with 
controls set to provide the coldest temperature. However, for sub-
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 sub-compartments at their coldest settings, and 
the second set of tests shall be conducted with such sub-
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.
* * * * *
    2.9 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 [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 temperature 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 at least 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 External Temperature Controls. If a product's 
controls are external to the cabinet assembly, the product shall be 
connected to the controls as needed for normal operation. Any 
additional equipment needed to ensure that the controls function 
properly shall not interfere with ambient airflow around the product 
or any other test conditions. If the controls provide temperature 
settings for additional separate products, the controls for those 
products shall be set to the ``off'' position during testing.

3. Test Control Settings

* * * * *
    3.2.1.1 Setting Temperature Controls. For mechanical control 
systems, knob detents shall be mechanically defeated if necessary to 
attain a median setting, and 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 median setting 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.
    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
            Setting                   Results            Setting            Results              based on:
----------------------------------------------------------------------------------------------------------------
Mid for all compartments.......  All compartments   Warm for all       All compartments   Second Test Only.
                                  low.               compartments.      low.
                                                                       One or more        First and Second Test.
                                                                        compartments
                                                                        high.
                                 One or more        Cold for all       All compartments   First and Second Test.
                                  compartments       compartments.      low.
                                  high.
                                                                       One or more        Model may not be
                                                                        compartments       certified as
                                                                        high.              compliant with energy
                                                                                           conservation
                                                                                           standards based on
                                                                                           testing of this unit.
                                                                                           Confirm that unit
                                                                                           meets product
                                                                                           definition. If so,
                                                                                           see section 7 of this
                                                                                           appendix.
----------------------------------------------------------------------------------------------------------------


[[Page 70870]]

* * * * *
    3.2.3 Temperature Settings for Convertible Compartments. For 
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 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 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.
* * * * *

4. Test Period

* * * * *
    4.1 Non-automatic Defrost. If the model being tested has no 
automatic defrost system, the test period shall be the stabilization 
period specified in section 2.9(a) of this appendix.
* * * * *
    4.2.1 Long-time Automatic Defrost. If the model being tested has 
a long-time automatic defrost system, the two-part test described in 
this section may be used. If steady-state conditions are determined 
according to section 2.9(a) of this appendix, the first part is a 
stable period of compressor operation that includes no portions of 
the defrost cycle, such as precooling or recovery, that is otherwise 
the same as the test for a unit having no defrost provisions 
(section 4.1 of this appendix). If steady-state conditions are 
determined according to section 2.9(b) of this appendix, the first 
part of the test shall start after steady-state conditions have been 
achieved and be no less than three hours in duration. During the 
test period, the compressor motor shall complete two or more whole 
compressor cycles. (A compressor cycle is a complete ``on'' and a 
complete ``off'' period of the motor.) If no ``off'' cycling occurs, 
the test period shall be three hours. If fewer than two compressor 
cycles occur during a 24-hour period, then a single complete 
compressor cycle may be used. The second part is designed to capture 
the energy consumed during all of the events occurring with the 
defrost control sequence that are outside of stable operation.
    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 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 be within 0.5 [deg]F (0.3 
[deg]C) of the 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. If average compartment 
temperatures measured over individual compressor cycles are never 
within 0.5 [deg]F (0.3 [deg]C) of the average temperatures measured 
for the first part of the test (for example, in products with 
irregular compressor cycling), the start of the second part of the 
test shall be at the beginning of a period of multiple complete 
compressor cycles prior to the defrost over which average 
temperatures are within 0.5 [deg]F (0.3 [deg]C) of the average 
temperatures measured for the first part of the test. Similarly, the 
end of the second part of the test shall be at the end of a period 
of multiple complete compressor cycles after the defrost over which 
average compartment temperatures are within 0.5 [deg]F (0.3 [deg]C) 
of the average measured for the first part of the test.

[[Page 70871]]

[GRAPHIC] [TIFF OMITTED] TP23DE19.008

* * * * *
    4.2.3.4.2 Second Part of Test. (a) If at least one compressor 
cycles, the test period for the second part of the test starts 
during stable operation before all portions of the defrost cycle, at 
the beginning of a complete primary compressor cycle. The test 
period for the second part of the test ends during stable operation 
after all portions of the defrost cycle, including recovery, at the 
termination of a complete primary compressor cycle. The start and 
stop for the test period shall both occur either when the primary 
compressor starts or when the primary compressor stops. For each 
compressor system, the compartment temperature averages for the 
first and last complete compressor cycles that lie completely within 
the second part of the test must be within 0.5 [deg]F (0.3 [deg]C) 
of the average compartment temperature measured for the first part 
of the test. If any one of the compressor systems is non-cycling, 
its compartment temperature averages during the first and last 
complete primary compressor cycles of the second part of the test 
must be within 0.5 [deg]F (0.3 [deg]C) of the average compartment 
temperature measured for the first part of the test.
    (1) If average compartment temperatures measured over individual 
compressor cycles are never within 0.5 [deg]F (0.3 [deg]C) of the 
average temperatures measured for the first part of the test (for 
example, in products with irregular compressor cycling), the start 
of the second part of the test shall be at the beginning of a period 
of multiple complete compressor cycles prior to the defrost over 
which average temperatures are within 0.5 [deg]F (0.3 [deg]C) of the 
average temperatures measured for the first part of the test. 
Similarly, the end of the second part of the test shall be at the 
end of a period of multiple complete compressor cycles after the 
defrost over which average temperatures are within 0.5 [deg]F (0.3 
[deg]C) of the average temperatures measured for the first part of 
the test.
    (2) If these criteria cannot be met, the test period shall 
comprise at least 24 hours, unless a second defrost occurs prior to 
completion of 24 hours, in which case the test shall comprise at 
least 18 hours. The test period shall start at the end of a regular 
freezer compressor on-cycle after the previous defrost occurrence 
(refrigerator or freezer). The test period also includes the target 
defrost and following freezer compressor cycles, ending at the end 
of a freezer compressor on-cycle before the next defrost occurrence 
(refrigerator or freezer).
    (b) If no compressor cycles, the test period for the second part 
of the test starts during stable operation before all portions of 
the defrost cycle, when the compartment temperatures of all 
compressor systems are within 0.5 [deg]F (0.3 [deg]C) of their 
average temperatures measured for the first part of the test. The 
test period for the second part ends during stable operation after 
all portions of the defrost cycle, including recovery, when the 
compartment temperatures of all compressor systems are within 0.5 
[deg]F (0.3 [deg]C) of their average temperatures measured for the 
first part of the test.
* * * * *

5. Test Measurements

    5.1 Temperature Measurements. (a) Temperature measurements shall 
be made at the locations prescribed in HRF-1-2016 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 Figure 5-1 or Figure 5-2 of HRF-1-2016, 
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 Figure 5-2 of HRF-1- 2016 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

[[Page 70872]]

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).
    (c) Freezer compartments that are accessed via a drawer shall be 
tested according to the Type 6 thermocouple configuration in Figure 
5-2 of HRF-1-2016.
* * * * *
    5.1.3 Fresh Food Compartment Temperature. The fresh food 
compartment temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TP23DE19.009

Where:

R is the total number of applicable fresh food compartments;
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] TP23DE19.010

Where:

F is the total number of applicable 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''.

    5.1.5 Cooler Compartment Temperature. The cooler compartment 
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TP23DE19.011

Where:

C is the total number of applicable cooler compartments;
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.''

* * * * *
    5.3 Volume Measurements. (a) The unit's total refrigerated 
volume, VT, shall be measured in accordance with sections 3.34, 4.2 
through 4.3 of HRF-1-2016. 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-1-2016, 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-1-2016). 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-1-2016).
    (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

* * * * *
    6.2.3.1 If the fresh food compartment temperature is always 
below 39 [deg]F (3.9 [deg]C) and the freezer compartment temperature 
is always below 15 [deg]F (-9.4 [deg]C) in both tests of a 
refrigerator or always below 0 [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;

    For representations of energy use before [DATE ONE YEAR AFTER 
DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in kilowatt-
hours per cycle, equals 0.23 for a product with one or more 
automatic icemakers and otherwise equals 0 (zero);
    For representations of energy use on or after [DATE ONE YEAR 
AFTER DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in 
kilowatt-hours per cycle, equals 0.0767 for a product with one or 
more automatic icemakers and otherwise equals 0 (zero); and
    The number 1 indicates the test during which the highest freezer 
compartment temperature was measured.
* * * * *
    6.2.3.3 Optional Test for Models with Two Compartments and User-
Operable Controls. If the procedure of section 3.3 of this appendix 
is used for setting temperature controls, the average per-cycle 
energy consumption shall be defined as follows:

E = Ex + IET

Where:

E is defined in 6.2.1.1 of this appendix;
IET is defined in 6.2.3.1 of this appendix; and
Ex is defined and calculated as described in appendix M, 
section M4(a) of AS/NZS 4474.1:2007 (incorporated by reference; see 
Sec.  430.3). The target temperatures txA and 
txB defined in section M4(a)(i) of AS/NZS 4474.1:2007 
shall be the standardized temperatures defined in section 3.2 of 
this appendix.

* * * * *
0
4. Appendix B to subpart B of part 430 is amended by:
0
a. Revising the introductory note and sections 1, 2.1.2, 2.1.3, 2.2, 
2.4, 2.5, 2.7, 2.8, 3.1, 3.2, 3.2.1, 4.1, 4.2.1, 4.2.1.1, 5.1, 5.1.3, 
5.3, 6.1, and 6.2.1;
0
b. Removing section 2.8;
0
c. Redesignating section 2.9 as 2.8; and
0
d. Adding new sections 0 and 2.9.
    The additions and revisions read as follows:

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

    Note:  Prior to [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE 
FINAL RULE], any representations of energy use of freezers must be 
based on the results of testing pursuant to either this appendix or 
the procedures in Appendix B as it appeared at 10 CFR part 430, 
subpart B, Appendix B, in the 10 CFR parts 200 to 499 edition 
revised as of January 1, 2019. Any representations of energy use 
must be in accordance with whichever version is selected. On or 
after [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE], 
any representations of energy use must be based on the results of 
testing pursuant to this appendix.
    For freezers, manufacturers must use the rounding requirements 
specified in sections 5.3.e and 6.1 of this appendix for all 
representations of energy use on or after the compliance date of any 
amendment of energy conservation standards for these products 
published after [DATE OF PUBLICATION OF THE FINAL RULE].

0. Incorporation by Reference

    DOE incorporated by reference HRF-1-2016 in its entirety in 
Sec.  430.3; however, only

[[Page 70873]]

enumerated provisions of this document are applicable to this 
appendix, as follows:
    (a) AHAM HRF-1-2016, (``HRF-1-2016''), Energy and Internal 
Volume of Refrigerating Appliances (January 1, 2016), including 
Errata to Energy and Internal Volume of Refrigerating Appliances, 
Correction Sheet, as follows:
    (i) Section 3--Definitions, as specified in section 1 of this 
appendix; and Section 3.34, as specified in section 5.3 of this 
appendix;
    (ii) Section 4--Method for Computing Refrigerated Volume of 
Refrigerators, Refrigerator-Freezers, Wine Chillers, and Freezers; 
Section 4.2--Total volume; Section 4.3--Legend for Figures 4-1 
through 4-3; Figure 4-2; and Figure 4-3, as specified in section 5.3 
of this appendix; and
    (iii) Section 5--Method for Determining the Energy Consumption 
of Refrigerators, Refrigerator-Freezers, Wine Chillers, and 
Freezers; Section 5.3.2-Ambient Relative Humidity through Section 
5.5.6.4-Freezer Compartment Temperature (Automatic Defrost Freezer), 
as specified in sections 2.2, 2.4, and 2.8 of this appendix; and 
Figure 5-2, as specified in section 5.1 of this appendix.

1. Definitions

    Section 3, Definitions, of HRF-1-2016 applies to this test 
procedure.
    Adjusted total volume means the product of the freezer volume as 
defined in HRF-1-2016 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 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.
    Compartment means an enclosed space within a consumer 
refrigeration product that is directly accessible through one or 
more external doors and may be divided into sub-compartments.
    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 
[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 
[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-1-2016 means AHAM Standard HRF-1-2016, Association of Home 
Appliance Manufacturers, Energy and Internal Volume of Refrigerating 
Appliances (2016), including Errata to Energy and Internal Volume of 
Refrigerating Appliances, Correction Sheet issued August 3, 2016. 
Only sections of HRF-1-2016 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-1-2016.
    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 [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.
    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 rate of change of compartment 
temperatures must not exceed 0.042 [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.
    Sub-compartment means an enclosed space within a compartment 
that may have a different operating temperature from the compartment 
within which it is located.
    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

* * * * *
    2.1.2 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 [deg]F per foot (0.9 [deg]C per meter) during the 
stabilization period and the test period. 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. The 
top of the unit under test shall be determined by the refrigerated 
cabinet height, excluding any special or protruding components on 
the top of the unit.
    2.1.3 Platform. A platform must be used if the floor temperature 
is not within 3 [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

[[Page 70874]]

underneath, and its top shall extend at least 1 foot (30.5 cm) 
beyond each side and front of the unit under test and extend to the 
wall in the rear. For a test chamber floor that allows for airflow 
through the floor (e.g., through a vent or holes), any airflow 
pathways through the floor must be located at least 1 foot away from 
all sides of the unit.
    2.2 Operational Conditions. The freezer shall be installed and 
its operating conditions maintained in accordance with sections 
5.3.2 through 5.5.6.4 of HRF-1-2016. The quick freeze option shall 
be switched off except as specified in section 3.1 of this appendix. 
Exceptions and clarifications to the cited sections of HRF-1-2016 
are noted in sections 2.3 through 2.9 and 5.1 of this appendix.
* * * * *
    2.4 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 freezer 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 2.6;
    (c) The electric power supply shall be as described in section 
5.5.1 of HRF-1-2016;
    (d) Temperature control settings for testing shall be as 
described in section 3 of this appendix. Settings for sub-
compartments shall be as described in section 2.5 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).
    2.5 Sub-compartments with a temperature control shall be tested 
with controls set to provide the coldest temperature. However, for 
sub-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 compartments at their coldest settings, and the 
second set of tests shall be conducted with such 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 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.
* * * * *
    2.7 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 [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 temperature 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 at least 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.
    2.8 For products that require the freezer compartment to be 
loaded with packages in accordance with section 5.5.6.2 of HRF-1-
2016, the number of packages comprising the 75% load shall be 
determined by filling the compartment completely with the packages 
that are to be used for the test, such that the packages fill as 
much of the usable refrigerated space within the compartment as is 
physically possible, and then removing from the compartment a number 
of packages so that the compartment contains 75% of the packages 
that were placed in the compartment to completely fill it. If 
multiplying the total number of packages by 0.75 results in a 
fraction, the number of packages used shall be rounded to the 
nearest whole number, rounding up if the result ends in 0.5. For 
multi-shelf units, this method shall be applied to each shelf. For 
both single- and multi-shelf units, the remaining packages shall be 
arranged as necessary to provide the required air gap and 
thermocouple placement. The number of packages comprising the 100% 
and 75% loading conditions shall be recorded in the test data 
maintained in accordance with 10 CFR 429.71.
    2.9 Products with External Temperature Controls. If a product's 
controls are external to the cabinet assembly, the product shall be 
connected to the controls as needed for normal operation. Any 
additional equipment needed to ensure that the controls function 
properly shall not interfere with ambient airflow around the product 
or any other test conditions. If the controls provide temperature 
settings for additional separate products, the controls for those 
products shall be set to the ``off'' position during testing.

3. Test Control Settings

    3.1 Model with No User-Operable Temperature Control. A test 
shall be performed during which the compartment temperature and 
energy use shall be measured. A second test shall be performed with 
the temperature control electrically short circuited to cause the 
compressor to run continuously. If the model has the quick freeze 
option, this option must be used to bypass the temperature control.
    3.2 Model with User-Operable Temperature Control. Testing shall 
be performed in accordance with one of the following sections using 
the standardized temperature of 0.0 [deg]F (-17.8 [deg]C). 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 5.1.3 of this appendix.
    3.2.1 A first test shall be performed with all temperature 
controls set at their median position midway between their warmest 
and coldest settings. For mechanical control systems, knob detents 
shall be mechanically defeated if necessary to attain a median 
setting, and 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 median setting 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. A second test shall be 
performed with all controls set at either their warmest or their 
coldest setting (not electrically or mechanically bypassed), 
whichever is appropriate, to attempt to achieve compartment 
temperatures measured during the two tests that bound (i.e., one is 
above and one is below) the standardized temperature. If the 
compartment temperatures measured during these two tests bound the 
standardized temperature, then these test results shall be used to 
determine energy consumption. If the compartment temperature 
measured with all controls set at their warmest setting is below the 
standardized temperature, then the result of this test alone will be 
used to determine energy consumption. Also see Table 1 of this 
appendix, which summarizes these requirements.

[[Page 70875]]



                                   Table 1--Temperature Settings for Freezers
----------------------------------------------------------------------------------------------------------------
                    First test                                   Second test
-----------------------------------------------------------------------------------------   Energy calculation
            Settings                  Results            Settings           Results              based on:
----------------------------------------------------------------------------------------------------------------
Mid............................  Low..............  Warm.............  Low..............  Second Test Only.
                                                                       High               First and Second
                                                                                           Tests.
                                 High.............  Cold.............  Low..............  First and Second
                                                                                           Tests.
                                                                       High.............  Model may not be
                                                                                           certified as
                                                                                           compliant with energy
                                                                                           conservation
                                                                                           standards based on
                                                                                           testing of this unit.
                                                                                           Confirm that unit
                                                                                           meets product
                                                                                           definition. If so,
                                                                                           see section 7 of this
                                                                                           appendix.
----------------------------------------------------------------------------------------------------------------

* * * * *

4. Test Period

* * * * *
    4.1 Non-automatic Defrost. If the model being tested has no 
automatic defrost system, the test period shall be the same as the 
stabilization period specified in section 2.7(a) of this appendix.
* * * * *
    4.2.1 Long-time Automatic Defrost. If the model being tested has 
a long-time automatic defrost system, the two-part test described in 
this section may be used. If steady-state conditions are determined 
according to section 2.7(a) of this appendix, the first part is a 
stable period of compressor operation that includes no portions of 
the defrost cycle, such as precooling or recovery, that is otherwise 
the same as the test for a unit having no defrost provisions 
(section 4.1 of this appendix). If steady-state conditions are 
determined according to section 2.7(b) of this appendix, the first 
part of the test shall start after steady-state conditions have been 
achieved and be no less than three hours in duration. During the 
test period, the compressor motor shall complete two or more whole 
compressor cycles. (A compressor cycle is a complete ``on'' and a 
complete ``off'' period of the motor.) If no ``off'' cycling occurs, 
the test period shall be three hours. If fewer than two compressor 
cycles occur during a 24-hour period, then a single complete 
compressor cycle may be used. The second part is designed to capture 
the energy consumed during all of the events occurring with the 
defrost control sequence that are outside of stable operation.
    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 temperature of 
the compartment measured from the termination of the previous 
compressor ``on'' cycle to the termination of the last regular 
compressor ``on'' cycle must be within 0.5 [deg]F (0.3 [deg]C) of 
the average temperature of the compartment 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 
the compartment to deviate from the 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 compartment temperature 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 the compartment 
temperatures have fully recovered to their stable conditions. The 
average temperature of the compartment measured from this 
termination of the first regular compressor ``on'' cycle until the 
termination of the next regular compressor ``on'' cycle must be 
within 0.5 [deg]F (0.3 [deg]C) of the average temperature of the 
compartment measured for the first part of the test. See Figure 1. 
Note that Figure 1 illustrates the concepts of precooling and 
recovery but does not represent all possible defrost cycles. If 
average compartment temperatures measured over individual compressor 
cycles are never within 0.5 [deg]F (0.3 [deg]C) of the average 
temperature of the compartment measured for the first part of the 
test (for example, in products with irregular compressor cycling), 
the start of the second part of the test shall be at the beginning 
of a period of multiple complete compressor cycles prior to the 
defrost over which average temperatures are within 0.5 [deg]F (0.3 
[deg]C) of the average temperature of the compartment measured for 
the first part of the test. Similarly, the end of the second part of 
the test shall be at the end of a period of multiple complete 
compressor cycles after the defrost over which average compartment 
temperatures are within 0.5 [deg]F (0.3 [deg]C) of the average 
measured for the first part of the test.

[[Page 70876]]

[GRAPHIC] [TIFF OMITTED] TP23DE19.012

* * * * *

5. Test Measurements

    5.1 Temperature Measurements. (a) Temperature measurements shall 
be made at the locations prescribed in Figure 5-2 of HRF-1-2016 and 
shall be accurate to within  0.5 [deg]F (0.3 [deg]C).
    (b) If the interior arrangements of the unit under test do not 
conform with those shown in Figure 5-2 of HRF-1-2016, 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-1-2016 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.
    (c) Freezer compartments that are accessed via a drawer shall be 
tested according to the Type 6 thermocouple configuration in Figure 
5-2 of HRF-1-2016.
* * * * *
    5.1.3 Freezer Compartment Temperature. The freezer compartment 
temperature shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TP23DE19.013

Where:

F is the total number of applicable 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 sections 3.34, 4.2 
through 4.3 of HRF-1-2016. 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-1-2016, 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-1-2016). 
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-1-2016).
    (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

[[Page 70877]]

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:

AV = 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 [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

    For representations of energy use before [DATE ONE YEAR AFTER 
DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in kilowatt-
hours per cycle, equals 0.23 for a product with one or more 
automatic icemakers and otherwise equals 0 (zero);
    For representations of energy use on or after [DATE ONE YEAR 
AFTER DATE OF PUBLICATION OF THE FINAL RULE], IET, expressed in 
kilowatt-hours per cycle, equals 0.0767 for a product with one or 
more automatic icemakers and otherwise equals 0 (zero).
* * * * *
0
5. In Sec.  430.32 revise paragraphs (a) and (aa)(2) to read as 
follows:


Sec.  430.32   Energy and water conservation standards and their 
compliance dates.

* * * * *
    (a) Refrigerators/refrigerator-freezers/freezers. These standards 
do not apply to refrigerators and refrigerator-freezers with total 
refrigerated volume exceeding 39 cubic feet (1,104 liters) or freezers 
with total refrigerated volume exceeding 30 cubic feet (850 liters). 
The energy standards as determined by the equations of the following 
table(s) shall be rounded off to the nearest kWh per year. If the 
equation calculation is halfway between the nearest two kWh per year 
values, the standard shall be rounded up to the higher of these values.
    The following standards remain in effect from July 1, 2001 until 
September 15, 2014:

----------------------------------------------------------------------------------------------------------------
                Product class                      Energy standard equations for maximum energy use  (kWh/yr)
----------------------------------------------------------------------------------------------------------------
1. Refrigerators and refrigerator-freezers     8.82AV + 248.4, 0.31av + 248.4.
 with manual defrost.
2. Refrigerator-freezers--partial automatic    8.82AV + 248.4, 0.31av + 248.4.
 defrost.
3. Refrigerator-freezers--automatic defrost    9.80AV + 276.0, 0.35av + 276.0.
 with top-mounted freezer without through-the-
 door ice service and all-refrigerator--
 automatic defrost.
4. Refrigerator-freezers--automatic defrost    4.91AV + 507.5, 0.17av + 507.5.
 with side-mounted freezer without through-
 the-door ice service.
5. Refrigerator-freezers--automatic defrost    4.60AV + 459.0, 0.16av + 459.0.
 with bottom-mounted freezer without through-
 the-door ice service.
6. Refrigerator-freezers--automatic defrost    10.20AV + 356.0, 0.36av + 356.0.
 with top-mounted freezer with through-the-
 door ice service.
7. Refrigerator-freezers--automatic defrost    10.10AV + 406.0, 0.36av + 406.0.
 with side-mounted freezer with through-the-
 door ice service.
8. Upright freezers with manual defrost......  7.55AV + 258.3, 0.27av + 258.3.
9. Upright freezers with automatic defrost...  12.43AV + 326.1, 0.44av + 326.1.
10. Chest freezers and all other freezers      9.88AV + 143.7, 0.35av + 143.7.
 except compact freezers.
11. Compact refrigerators and refrigerator-    10.70AV + 299.0, 0.38av + 299.0.
 freezers with manual defrost.
12. Compact refrigerator-freezer--partial      7.00AV + 398.0, 0.25av + 398.0.
 automatic defrost.
13. Compact refrigerator-freezers--automatic   12.70AV + 355.0, 0.45av + 355.0.
 defrost with top-mounted freezer and compact
 all-refrigerator--automatic defrost.
14. Compact refrigerator-freezers--automatic   7.60AV + 501.0, 0.27av + 501.0.
 defrost with side-mounted freezer.
15. Compact refrigerator-freezers--automatic   13.10AV + 367.0, 0.46av + 367.0.
 defrost with bottom-mounted freezer.
16. Compact upright freezers with manual       9.78AV + 250.8, 0.35av + 250.8.
 defrost.
17. Compact upright freezers with automatic    11.40AV + 391.0, 0.40av + 391.0.
 defrost.
18. Compact chest freezers...................  10.45AV + 152.0, 0.37av + 152.0.
----------------------------------------------------------------------------------------------------------------
AV: Adjusted Volume in ft\3\; av: Adjusted Volume in liters (L).

    The following standards apply to products manufactured starting on 
September 15, 2014 until [DATE ONE YEAR AFTER PUBLICATION OF A FINAL 
RULE]:

----------------------------------------------------------------------------------------------------------------
                                                        Equations for maximum energy use (kWh/yr)
             Product class              ------------------------------------------------------------------------
                                                 Based on AV (ft\3\)                    Based on av (L)
----------------------------------------------------------------------------------------------------------------
1. Refrigerator-freezers and             7.99AV + 225.0.....................  0.282av + 225.0.
 refrigerators other than all-
 refrigerators with manual defrost.
1A. All-refrigerators--manual defrost..  6.79AV + 193.6.....................  0.240av + 193.6.
2. Refrigerator-freezers--partial        7.99AV + 225.0.....................  0.282av + 225.0.
 automatic defrost.
3. Refrigerator-freezers--automatic      8.07AV + 233.7.....................  0.285av + 233.7.
 defrost with top-mounted freezer
 without an automatic icemaker.
3-BI. Built-in refrigerator-freezer--    9.15AV + 264.9.....................  0.323av + 264.9.
 automatic defrost with top-mounted
 freezer without an automatic icemaker.
3I. Refrigerator-freezers--automatic     8.07AV + 317.7.....................  0.285av + 317.7.
 defrost with top-mounted freezer with
 an automatic icemaker without through-
 the-door ice service.
3I-BI. Built-in refrigerator-freezers--  9.15AV + 348.9.....................  0.323av + 348.9.
 automatic defrost with top-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
3A. All-refrigerators--automatic         7.07AV + 201.6.....................  0.250av + 201.6.
 defrost.

[[Page 70878]]

 
3A-BI. Built-in All-refrigerators--      8.02AV + 228.5.....................  0.283av + 228.5.
 automatic defrost.
4. Refrigerator-freezers--automatic      8.51AV + 297.8.....................  0.301av + 297.8.
 defrost with side-mounted freezer
 without an automatic icemaker.
4-BI. Built-In Refrigerator-freezers--   10.22AV + 357.4....................  0.361av + 357.4.
 automatic defrost with side-mounted
 freezer without an automatic icemaker.
4I. Refrigerator-freezers--automatic     8.51AV + 381.8.....................  0.301av + 381.8.
 defrost with side-mounted freezer with
 an automatic icemaker without through-
 the-door ice service.
4I-BI. Built-In Refrigerator-freezers--  10.22AV + 441.4....................  0.361av + 441.4.
 automatic defrost with side-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
5. Refrigerator-freezers--automatic      8.85AV + 317.0.....................  0.312av + 317.0.
 defrost with bottom-mounted freezer
 without an automatic icemaker.
5-BI. Built-In Refrigerator-freezers--   9.40AV + 336.9.....................  0.332av + 336.9.
 automatic defrost with bottom-mounted
 freezer without an automatic icemaker.
5I. Refrigerator-freezers--automatic     8.85AV + 401.0.....................  0.312av + 401.0.
 defrost with bottom-mounted freezer
 with an automatic icemaker without
 through-the-door ice service.
5I-BI. Built-In Refrigerator-freezers--  9.40AV + 420.9.....................  0.332av + 420.9.
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
5A. Refrigerator-freezer--automatic      9.25AV + 475.4.....................  0.327av + 475.4.
 defrost with bottom-mounted freezer
 with through-the-door ice service.
5A-BI. Built-in refrigerator-freezer--   9.83AV + 499.9.....................  0.347av + 499.9.
 automatic defrost with bottom-mounted
 freezer with through-the-door ice
 service.
6. Refrigerator-freezers--automatic      8.40AV + 385.4.....................  0.297av + 385.4.
 defrost with top-mounted freezer with
 through-the-door ice service.
7. Refrigerator-freezers--automatic      8.54AV + 432.8.....................  0.302av + 432.8.
 defrost with side-mounted freezer with
 through-the-door ice service.
7-BI. Built-In Refrigerator-freezers--   10.25AV + 502.6....................  0.362av + 502.6.
 automatic defrost with side-mounted
 freezer with through-the-door ice
 service.
8. Upright freezers with manual defrost  5.57AV + 193.7.....................  0.197av + 193.7.
9. Upright freezers with automatic       8.62AV + 228.3.....................  0.305av + 228.3.
 defrost without an automatic icemaker.
9I. Upright freezers with automatic      8.62AV + 312.3.....................  0.305av + 312.3.
 defrost with an automatic icemaker.
9-BI. Built-In Upright freezers with     9.86AV + 260.9.....................  0.348av + 260.9.
 automatic defrost without an automatic
 icemaker.
9I-BI. Built-in upright freezers with    9.86AV + 344.9.....................  0.348av + 344.9.
 automatic defrost with an automatic
 icemaker.
10. Chest freezers and all other         7.29AV + 107.8.....................  0.257av + 107.8.
 freezers except compact freezers.
10A. Chest freezers with automatic       10.24AV + 148.1....................  0.362av + 148.1.
 defrost.
11. Compact refrigerator-freezers and    9.03AV + 252.3.....................  0.319av + 252.3.
 refrigerators other than all-
 refrigerators with manual defrost.
11A. Compact all-refrigerators--manual   7.84AV + 219.1.....................  0.277av + 219.1.
 defrost.
12. Compact refrigerator-freezers--      5.91AV + 335.8.....................  0.209av + 335.8.
 partial automatic defrost.
13. Compact refrigerator-freezers--      11.80AV + 339.2....................  0.417av + 339.2.
 automatic defrost with top-mounted
 freezer.
13I. Compact refrigerator-freezers--     11.80AV + 423.2....................  0.417av + 423.2.
 automatic defrost with top-mounted
 freezer with an automatic icemaker.
13A. Compact all-refrigerators--         9.17AV + 259.3.....................  0.324av + 259.3.
 automatic defrost.
14. Compact refrigerator-freezers--      6.82AV + 456.9.....................  0.241av + 456.9.
 automatic defrost with side-mounted
 freezer.
14I. Compact refrigerator-freezers--     6.82AV + 540.9.....................  0.241av + 540.9.
 automatic defrost with side-mounted
 freezer with an automatic icemaker.
15. Compact refrigerator-freezers--      11.80AV + 339.2....................  0.417av + 339.2.
 automatic defrost with bottom-mounted
 freezer.
15I. Compact refrigerator-freezers--     11.80AV + 423.2....................  0.417av + 423.2.
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker.
16. Compact upright freezers with        8.65AV + 225.7.....................  0.306av + 225.7.
 manual defrost.
17. Compact upright freezers with        10.17AV + 351.9....................  0.359av + 351.9.
 automatic defrost.
18. Compact chest freezers.............  9.25AV + 136.8.....................  0.327av + 136.8.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in appendices A and B of subpart B of this part.
av = Total adjusted volume, expressed in Liters.

    The following standards apply to products manufactured starting on 
[DATE ONE YEAR AFTER PUBLICATION OF A FINAL RULE]:

----------------------------------------------------------------------------------------------------------------
                                                        Equations for maximum energy use (kWh/yr)
             Product class              ------------------------------------------------------------------------
                                                 Based on AV (ft\3\)                    Based on av (L)
----------------------------------------------------------------------------------------------------------------
1. Refrigerator-freezers and             7.99AV + 225.0.....................  0.282av + 225.0.
 refrigerators other than all-
 refrigerators with manual defrost.
1A. All-refrigerators--manual defrost..  6.79AV + 193.6.....................  0.240av + 193.6.
2. Refrigerator-freezers--partial        7.99AV + 225.0.....................  0.282av + 225.0.
 automatic defrost.
3. Refrigerator-freezers--automatic      8.07AV + 233.7.....................  0.285av + 233.7.
 defrost with top-mounted freezer
 without an automatic icemaker.
3-BI. Built-in refrigerator-freezer--    9.15AV + 208.9.....................  0.323av + 208.9.
 automatic defrost with top-mounted
 freezer without an automatic icemaker.

[[Page 70879]]

 
3I. Refrigerator-freezers--automatic     8.07AV + 261.7.....................  0.285av + 261.7.
 defrost with top-mounted freezer with
 an automatic icemaker without through-
 the-door ice service.
3I-BI. Built-in refrigerator-freezers--  9.15AV + 292.9.....................  0.323av + 292.9.
 automatic defrost with top-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
3A. All-refrigerators--automatic         7.07AV + 201.6.....................  0.250av + 201.6.
 defrost.
3A-BI. Built-in All-refrigerators--      8.02AV + 228.5.....................  0.283av + 228.5.
 automatic defrost.
4. Refrigerator-freezers--automatic      8.51AV + 297.8.....................  0.301av + 297.8.
 defrost with side-mounted freezer
 without an automatic icemaker.
4-BI. Built-In Refrigerator-freezers--   10.22AV + 357.4....................  0.361av + 357.4.
 automatic defrost with side-mounted
 freezer without an automatic icemaker.
4I. Refrigerator-freezers--automatic     8.51AV + 325.8.....................  0.301av + 325.8.
 defrost with side-mounted freezer with
 an automatic icemaker without through-
 the-door ice service.
4I-BI. Built-In Refrigerator-freezers--  10.22AV + 385.4....................  0.361av + 385.4.
 automatic defrost with side-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
5. Refrigerator-freezers--automatic      8.85AV + 317.0.....................  0.312av + 317.0.
 defrost with bottom-mounted freezer
 without an automatic icemaker.
5-BI. Built-In Refrigerator-freezers--   9.40AV + 336.9.....................  0.332av + 336.9.
 automatic defrost with bottom-mounted
 freezer without an automatic icemaker.
5I. Refrigerator-freezers--automatic     8.85AV + 345.0.....................  0.312av + 345.0.
 defrost with bottom-mounted freezer
 with an automatic icemaker without
 through-the-door ice service.
5I-BI. Built-In Refrigerator-freezers--  9.40AV + 364.9.....................  0.332av + 364.9.
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
5A. Refrigerator-freezer--automatic      9.25AV + 419.4.....................  0.327av + 419.4.
 defrost with bottom-mounted freezer
 with through-the-door ice service.
5A-BI. Built-in refrigerator-freezer--   9.83AV + 443.9.....................  0.347av + 443.9.
 automatic defrost with bottom-mounted
 freezer with through-the-door ice
 service.
6. Refrigerator-freezers--automatic      8.40AV + 329.4.....................  0.297av + 329.4.
 defrost with top-mounted freezer with
 through-the-door ice service.
7. Refrigerator-freezers--automatic      8.54AV + 376.8.....................  0.302av + 376.8.
 defrost with side-mounted freezer with
 through-the-door ice service.
7-BI. Built-In Refrigerator-freezers--   10.25AV + 446.6....................  0.362av + 446.6.
 automatic defrost with side-mounted
 freezer with through-the-door ice
 service.
8. Upright freezers with manual defrost  5.57AV + 193.7.....................  0.197av + 193.7.
9. Upright freezers with automatic       8.62AV + 228.3.....................  0.305av + 228.3.
 defrost without an automatic icemaker.
9I. Upright freezers with automatic      8.62AV + 256.3.....................  0.305av + 256.3.
 defrost with an automatic icemaker.
9-BI. Built-In Upright freezers with     9.86AV + 260.9.....................  0.348av + 260.9.
 automatic defrost without an automatic
 icemaker.
9I-BI. Built-in upright freezers with    9.86AV + 288.9.....................  0.348av + 288.9.
 automatic defrost with an automatic
 icemaker.
10. Chest freezers and all other         7.29AV + 107.8.....................  0.257av + 107.8.
 freezers except compact freezers.
10A. Chest freezers with automatic       10.24AV + 148.1....................  0.362av + 148.1.
 defrost.
11. Compact refrigerator-freezers and    9.03AV + 252.3.....................  0.319av + 252.3.
 refrigerators other than all-
 refrigerators with manual defrost.
11A. Compact all-refrigerators--manual   7.84AV + 219.1.....................  0.277av + 219.1.
 defrost.
12. Compact refrigerator-freezers--      5.91AV + 335.8.....................  0.209av + 335.8.
 partial automatic defrost.
13. Compact refrigerator-freezers--      11.80AV + 339.2....................  0.417av + 339.2.
 automatic defrost with top-mounted
 freezer.
13I. Compact refrigerator-freezers--     11.80AV + 376.2....................  0.417av + 376.2.
 automatic defrost with top-mounted
 freezer with an automatic icemaker.
13A. Compact all-refrigerators--         9.17AV + 259.3.....................  0.324av + 259.3.
 automatic defrost.
14. Compact refrigerator-freezers--      6.82AV + 456.9.....................  0.241av + 456.9.
 automatic defrost with side-mounted
 freezer.
14I. Compact refrigerator-freezers--     6.82AV + 484.9.....................  0.241av + 484.9.
 automatic defrost with side-mounted
 freezer with an automatic icemaker.
15. Compact refrigerator-freezers--      11.80AV + 339.2....................  0.417av + 339.2.
 automatic defrost with bottom-mounted
 freezer.
15I. Compact refrigerator-freezers--     11.80AV + 367.2....................  0.417av + 367.2.
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker.
16. Compact upright freezers with        8.65AV + 225.7.....................  0.306av + 225.7.
 manual defrost.
17. Compact upright freezers with        10.17AV + 351.9....................  0.359av + 351.9.
 automatic defrost.
18. Compact chest freezers.............  9.25AV + 136.8.....................  0.327av + 136.8.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in appendices A and B of subpart B of this part.
av = Total adjusted volume, expressed in Liters.

* * * * *
    (aa) * * *
    (2) Combination cooler refrigeration products manufactured starting 
on October 28, 2019 until [DATE ONE YEAR AFTER PUBLICATION OF A FINAL 
RULE] shall have Annual Energy Use (AEU) no more than:

----------------------------------------------------------------------------------------------------------------
                   Product class                                             AEU (kWh/yr)
----------------------------------------------------------------------------------------------------------------
C-3A. Cooler with all-refrigerator--automatic        4.57AV + 130.4.
 defrost.
C-3A-BI. Built-in cooler with all-refrigerator--     5.19AV + 147.8.
 automatic defrost.
C-9. Cooler with upright freezers with automatic     5.58AV + 147.7.
 defrost without an automatic icemaker.

[[Page 70880]]

 
C-9-BI. Built-in cooler with upright freezer with    6.38AV + 168.8.
 automatic defrost without an automatic icemaker.
C-9I. Cooler with upright freezer with automatic     5.58AV + 231.7.
 defrost with an automatic icemaker.
C-9I-BI. Built-in cooler with upright freezer with   6.38AV + 252.8.
 automatic defrost with an automatic icemaker.
C-13A. Compact cooler with all-refrigerator--        5.93AV + 193.7.
 automatic defrost.
C-13A-BI. Built-in compact cooler with all-          6.52AV + 213.1.
 refrigerator--automatic defrost.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as calculated according to appendix A of subpart B of this part.

    (3) Combination cooler refrigeration products manufactured starting 
on [DATE ONE YEAR AFTER PUBLICATION OF A FINAL RULE] shall have Annual 
Energy Use (AEU) no more than:

----------------------------------------------------------------------------------------------------------------
                   Product class                                             AEU (kWh/yr)
----------------------------------------------------------------------------------------------------------------
C-3A. Cooler with all-refrigerator--automatic        4.57AV + 130.4.
 defrost.
C-3A-BI. Built-in cooler with all-refrigerator--     5.19AV + 147.8.
 automatic defrost.
C-9. Cooler with upright freezers with automatic     5.58AV + 147.7.
 defrost without an automatic icemaker.
C-9-BI. Built-in cooler with upright freezer with    6.38AV + 168.8.
 automatic defrost without an automatic icemaker.
C-9I. Cooler with upright freezer with automatic     5.58AV + 175.7.
 defrost with an automatic icemaker.
C-9I-BI. Built-in cooler with upright freezer with   6.38AV + 196.8.
 automatic defrost with an automatic icemaker.
C-13A. Compact cooler with all-refrigerator--        5.93AV + 193.7.
 automatic defrost.
C-13A-BI. Built-in compact cooler with all-          6.52AV + 213.1.
 refrigerator--automatic defrost.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as calculated according to appendix A of subpart B of this part.

* * * * *
[FR Doc. 2019-26903 Filed 12-20-19; 8:45 am]
BILLING CODE 6450-01-P