Energy Conservation Program: Test Procedure for Walk-In Coolers and Walk-In Freezers, 60724-60734 [2020-19565]
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Proposed Rules
Federal Register
Vol. 85, No. 188
Monday, September 28, 2020
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2020–BT–TP–0016]
RIN 1904–AF02
Energy Conservation Program: Test
Procedure for Walk-In Coolers and
Walk-In Freezers
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 walk-in freezers to
address an issue affecting hot gas
defrost-equipped unit coolers (‘‘hot gas
defrost unit coolers’’). DOE is proposing
to amend the current test procedure
regarding hot gas unit coolers consistent
with an update to the industry standard
that is incorporated by reference in the
DOE test procedure for walk-in freezer
refrigeration systems. Given the
upcoming energy conservation
standards compliance date of July 10,
2020, DOE is limiting the scope of this
proposed rulemaking to expediently
address how to test a hot gas defrost
unit cooler.
DATES: DOE will accept comments, data,
and information regarding this proposal
no later than December 14, 2020. See
section V, ‘‘Public Participation,’’ for
details. DOE will hold a webinar on
Friday, October 2, 2020, from 1:00 p.m.
to 4:00 p.m. See section V, ‘‘Public
Participation,’’ for webinar registration
information, participant instructions,
and information about the capabilities
available to webinar participants.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2020–BT–TP–0016, by
any of the following methods:
SUMMARY:
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(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Email: WICF2020TP0016@
ee.doe.gov. Include the docket number
EERE–2020–BT–TP–0016 or regulatory
information number (‘‘RIN’’) 1904–AF02
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 of SUPPLEMENTARY
INFORMATION.
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts (if a public
meeting is held), comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
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
https://www.regulations.gov/
docket?D=EERE-2020-BT-TP-0016. The
docket web page contains instructions
on how to access all documents,
including public comments, in the
docket. See section V of SUPPLEMENTARY
INFORMATION for information on how to
submit comments through https://
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,
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Washington, DC 20585–0121.
Telephone: (202) 287–1943. Email:
WICF2020TP0016@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in a public meeting (if one is held),
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed
Rulemaking
III. Discussion
A. Scope of Applicability
B. Revision of the Calculation of Defrost
Energy and Heat Contribution for Hot
Gas Defrost Unit Coolers Tested Alone
C. Test Procedure Costs, Harmonization,
and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
D. Compliance Date
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
V. Public Participation
A. Participation in the Webinar
B. Submission of Comments
C. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Walk-in coolers and walk-in freezers
(‘‘WICFs’’ or ‘‘walk-ins’’) are included in
the list of ‘‘covered equipment’’ for
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which DOE is authorized to establish
and amend energy conservation
standards and test procedures. (42
U.S.C. 6311(1)(G)) DOE has established
test procedures and standards for the
principal components that make up a
walk-in: Panels, doors, and refrigeration
systems. See title 10 of the Code of
Federal Regulations (‘‘CFR’’) part 431
subpart R. Relevant to this document,
DOE has established standards for walkin freezer refrigeration systems as a
component of walk-in freezers at 10 CFR
431.306, and test procedures for walk-in
freezer refrigeration systems at 10 CFR
431.304(b)(4) and appendix C to subpart
R of part 431 (‘‘Appendix C’’). This
notice of proposed rulemaking
(‘‘NOPR’’) specifically addresses the
procedures in Appendix C relevant to
hot gas defrost unit coolers.
The following sections discuss DOE’s
authority generally to establish test
procedures for walk-in coolers and
walk-in freezers and relevant
background information regarding
DOE’s consideration of test procedures
for WICF refrigeration systems.
A. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 Public Law
94–163 (Dec. 22, 1975), 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 C of EPCA,
added by the National Energy
Conservation Policy Act, Public Law
95–619, Title IV, section 441(a) (Nov. 9,
1978), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency of various
types of industrial equipment. As
amended by the Energy Independence
and Security Act of 2007, Public Law
110–140 (Dec. 19, 2007), this equipment
includes walk-ins, the subject of this
document. (42 U.S.C. 6311(1)(G))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6315),
energy conservation standards (42
U.S.C. 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316).
1 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
(Oct. 23, 2018).
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The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and
(2) making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE uses these test
procedures to determine whether the
equipment complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6316(a); 42 U.S.C. 6295(s))
Federal energy efficiency
requirements for covered equipment
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C.
6316(a) and (b); 42 U.S.C. 6297) DOE
may, however, grant waivers of Federal
preemption for particular State laws or
regulations, in accordance with the
procedures and other provisions of
EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered equipment.
EPCA requires that any test procedures
prescribed or amended under this
section must be reasonably designed to
produce test results which reflect energy
efficiency, energy use or estimated
annual operating cost of a given type of
covered equipment during a
representative average use cycle and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2))
EPCA provides specific requirements
for determining the R value for certain
walk-in components. (42 U.S.C.
6314(a)(9)(A)(i)–(iv)) In addition, EPCA
required that DOE establish test
procedures to measure walk-in energyuse. (42 U.S.C. 6314(a)(9)(B)(i))
In addition, if DOE determines that a
test procedure amendment is warranted,
it must publish proposed test
procedures and offer the public an
opportunity to present oral and written
comments on them. (42 U.S.C. 6314(b))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
equipment, including walk-ins, to
determine whether amended test
procedures would more accurately or
fully comply with the requirements for
the test procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle. (42 U.S.C. 6314(a)(1)) If the
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Secretary determines that a test
procedure amendment is warranted, the
Secretary must publish proposed test
procedures in the Federal Register, and
afford interested persons an opportunity
(of not less than 45 days’ duration) to
present oral and written data, views,
and arguments on the proposed test
procedures. (42 U.S.C. 6314(b)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
B. Background
On April 15, 2011, DOE published a
final rule to establish test procedures for
the principal components that make up
a walk-in: Panels, doors, and
refrigeration systems. 76 FR 21580
(April 15, 2011). The test procedure for
refrigeration systems at Appendix C
measures energy using the annual walkin energy factor (‘‘AWEF’’) metric.
Appendix C, Sec. 1. AWEF represents
the ratio of the total heat removed from
a walk-in, in British thermal units
(‘‘Btu’’), during a one-year period of
usage (not including the heat generated
by the operation of a refrigeration
system), to the total energy input of the
refrigeration system, in watt-hours
(‘‘Wh’’), during the same period.
On May 13, 2014, DOE revised the
existing regulations for walk-ins to
allow WICF refrigeration system
manufacturers, once certain
qualifications are met, to use an
alternative efficiency determination
method (‘‘AEDM’’) to determine the
energy consumption of their products
through simulation or modeling.
Manufacturers can use that simulation
information to certify compliance and
report ratings. 79 FR 27388 (‘‘May 2014
Final Rule’’).
The May 2014 Final Rule also
introduced different approaches for
testing refrigeration systems,
accommodating testing not just of
complete systems, but also
accommodating the individual
components of split systems to be tested
separately. 79 FR 27388, 27398. A splitsystem refrigeration system consists of
two separate components: A unit
cooler 2 that is installed inside a walkin enclosure, and a condensing unit,3
2 A unit cooler is defined as an assembly,
including means for forced air circulation and
elements by which heat is transferred from air to
refrigerant, thus cooling the air, without any
element external to the cooler imposing air
resistance. (10 CFR 431.302)
3 A condensing unit, for the purposes of DOE
walk-in refrigeration system testing, is an assembly
that (1) includes 1 or more compressors, a
condenser, and one refrigeration circuit; and (2) is
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which is installed outside the enclosure,
either inside a building in which the
walk-in is constructed, or outdoors. The
amendments finalized in the May 2014
Final Rule accommodate testing of the
entire ‘‘matched pair’’ refrigeration
system (i.e., a condensing unit and unit
cooler together), the condensing unit
alone, or the unit cooler alone. When
testing an individual component alone,
the energy use attributed to the other
system component is represented by a
default value or using a default
performance characteristic. Specifically,
when testing a unit cooler alone, the
condensing unit energy use is
determined using the representative
energy efficiency ratio (‘‘EER’’) specified
for the appropriate adjusted dew point
temperature in Table 17 of AHRI 1250–
2009. Energy use of the unit cooler’s
components, i.e., its evaporator fan(s)
and its electric defrost heater (for units
that use electric defrost), is directly
measured during the test. Conversely,
when testing a condensing unit alone,
the compressor and condenser fan
energy are directly measured, while the
energy use of the components of the
unit cooler are represented by default
values. The test procedure provides
default values for the evaporator fans,
and, for low-temperature refrigeration
systems, the energy use and heat load
associated with defrost.4 Appendix C,
Sections 3.4.2 through 3.4.5. The default
defrost energy and heat values are based
on representative energy use of electric
defrost, by far the most common form of
defrost. Electric defrost consists of
electric resistance heaters built into the
evaporator coil and the unit cooler drain
pan that are energized occasionally
during the day to warm the coil and
melt the frost.
Additionally, the May 2014 Final
Rule established a method for
determination of AWEF for refrigeration
systems with ‘‘hot gas’’ defrost, using
nominal values to represent the energy
use and heat load of this method. 79 FR
27388, 27401. Rather than using electric
resistance coils embedded in the
evaporator for defrosting, hot gas defrost
uses refrigerant to transfer heat from
ambient air outside the walk-in, the
compressor, and/or a thermal storage
component that stores heat generated
designed to serve one refrigerated load. (10 CFR
431.302)
4 Defrost is required to remove frost from the
evaporator coils of refrigeration systems, which
collects during the refrigeration system on-cycle as
water vapor in the air freezes onto the cold
evaporator surfaces. Defrost capability is required
for freezers, but is optional for coolers, since the
surrounding walk-in interior temperature is above
freezing temperature and thus can melt the frost
between on-cycles in many walk-in cooler
applications.
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during the compressor on-cycle. DOE
notes that, in contrast with the default
values for electric defrost, which are
required for use only when testing
condensing units, the hot gas defrost
nominal values were to be used for any
system using hot gas defrost (see
§ 431.303(c)(10)(xii) as finalized in the
May 2014 Final Rule for unit coolers
and complete refrigeration systems (e.g.,
matched pairs) and see
§ 431.303(c)(12)(ii) as finalized in the
May 2014 Final Rule for condensing
units). 79 FR 27388, 27413–27414.5 The
application of the hot gas defrost
nominal values was established for all
system configurations because an
appropriate test method to accurately
measure hot gas defrost that would not
be unduly burdensome to conduct had
not been developed. 79 FR 27388,
27401. As such, energy use and heat
load default values were established for
both hot gas unit coolers and
condensing units tested alone that use
hot gas defrost.
DOE most recently amended the test
procedures for the performance
requirements for walk-in refrigeration
system components (e.g., refrigeration
systems such as unit coolers), in a final
rule published on December 28, 2016.
81 FR 95758 (‘‘December 2016 Final
Rule’’). That rule adopted a series of
amendments to provisions affecting
certain walk-in refrigeration systems,
including product-specific definitions,
removal of a performance credit for hot
gas defrost, and a method to
accommodate refrigeration equipment
that use adaptive defrost and on-cycle
variable-speed evaporator fan control.
See id. These amendments had their
initial origins as part of a negotiated
rulemaking effort held under the
Appliance Standards and Rulemaking
Federal Advisory Committee
(‘‘ASRAC’’). See 80 FR 46521 (August 5,
2015) (establishing a WICF Working
Group under ASRAC).6 The removal of
the hot gas defrost credit was part of the
Working Group’s test procedure-related
recommendations. See Docket No.
EERE–2015–BT–STD–0016, No. 56 at p.
2 (ASRAC Term Sheet,
Recommendation No. 3—elimination of
the ‘‘hot gas defrost credit’’ in the walkin test procedure). See also 81 FR 95758,
95761 (discussing ASRAC
recommendations).
5 These requirements were later removed in a test
procedure final rule published on December 28,
2016. 81 FR 95758, 95774–95777.
6 Working Group for Certain Equipment Classes of
Refrigeration Systems of Walk-in Coolers and
Freezers to Negotiate a Notice of Proposed
Rulemaking for Energy Conservation Standards
(‘‘Working Group’’).
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Up until the December 2016 Final
Rule, the walk-in test procedure had
included a method for calculating
defrost energy and defrost heat load of
hot gas defrost refrigeration systems. See
79 FR 27388, 27413 (incorporating as
part of the May 2014 Final Rule a
method for calculating defrost energy
and heat load for hot gas defrost
systems). The method DOE established
relied on certain default values for
calculating hot gas defrost energy and
heat load, and separate default values
for calculating electric defrost energy
use and heat load, for testing
refrigeration systems. 79 FR 27388,
27401. As discussed above, the electric
defrost energy use and heat load values
were required for testing of condensing
units only, whereas the hot gas defrost
values were required for testing of any
refrigeration system configuration. The
default values for calculating hot gas
defrost energy and heat load established
in the May 2014 Final Rule were much
lower than the default values
established for calculating energy use
and heat load for electric defrost; thus,
use of these values represented a ‘‘hot
gas defrost credit.’’ Id. Given that this
‘‘hot gas defrost credit’’ in the test
procedure resulted in more favorable
AWEF results for systems using hot gas
defrost (in comparison to using electric
defrost, all else being equal), the use of
hot gas defrost was subsequently
considered as a design option in the
June 3, 2014 energy conservation
standard rulemaking, which set new
performance standards for walk-in
refrigeration systems. 79 FR 32050. As
a result, DOE’s analysis indicated that
manufacturers would need to use hot
gas defrost technology for most of the
WICF refrigeration system equipment
classes in order to comply with the new
standards.7
As discussed in the December 2016
Final Rule, simply eliminating the hot
gas defrost energy and heat load values
by reducing these values to zero would
not eliminate the hot gas defrost credit,
but rather would magnify the relative
benefit given to hot gas defrost units by
removing from the calculation any
energy use associated with defrost for
7 In the energy conservation standard final rule
published on June 3, 2014, DOE set standards at
Trial Standard Level (‘‘TSL’’) 2. 79 FR 32050,
32116. The analysis showed that this TSL would
generally require use of hot gas defrost. For
example, for equipment class DC.L.O (lowtemperature outdoor dedicated condensing unit) at
9,000 Btu/h nominal capacity, TSL 2 represented
efficiency level (‘‘EL’’) 11. See Table V.2, 79 FR
32050, 32099. EL 11 represented the maximumtechnology (‘‘Max-tech’’) level in the analysis,
which relied on hot gas defrost, as shown in Table
5A.5.42 of the Technical Support Document.
(Docket Number EERE–2008–BT–STD–0015, No.
0131 at p. 5A–57)
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such units. 81 FR 95758, 95774.
Comments provided by stakeholders
recommended revising the test
procedure such that the test results for
hot gas defrost systems would be
equivalent to those of electric defrost
systems. 81 FR 95758, 95774–95775.
DOE considered a variety of options for
establishing efficiency representations
of refrigeration systems with hot gas
defrost comparable to those with
electric defrost, including
recommendations from stakeholder
comments. Such representations would
generally overestimate the energy use of
hot gas defrost systems, since hot gas
defrost is generally less energy-intensive
than electric defrost.8 Further, unlike
electric defrost systems—for which the
energy use of the dedicated electric
resistance heaters can be easily
measured—an appropriate test method
to determine the energy use of hot gas
defrost that is not unduly burdensome
had not (and still has not) been
developed.
The approach that DOE adopted in
the December 2016 Final Rule was to
assign to hot gas defrost unit coolers the
same default values for electric defrost
heat and energy use calculations that
the test procedure assigns to dedicated
condensing units that are not matched
with a unit cooler for testing (i.e., tested
alone). 81 FR 95758, 95776. As
described in the final rule, the intent
was that the use of a hot gas defrost
feature would not affect the measured
efficiency either positively or
negatively. In that aspect, the test
procedure for units with hot gas defrost
would be essentially the same as the test
procedure for units with electric defrost.
81 FR 95758, 95776. The approach
adopted in the December 2016 Final
Rule remains the current test method for
addressing hot gas defrost.
In general, the current DOE test
procedure requires testing of WICF
refrigeration systems to be conducted
pursuant to the industry standard, Air
Conditioning, Heating, and Refrigeration
Institute (‘‘AHRI’’) Standard 1250–2009
(‘‘AHRI 1250–2009’’). Section 3.0 of
Appendix C. For testing unit coolers,
the DOE test procedure also provides a
number of clarifications and
modifications to AHRI 1250–2009 as
specified in 3.1.5 (which modifies
Tables 15 and 16 of the test standard to
add requirements for liquid inlet
saturation temperature), 3.3.1 (which
clarifies the suction test conditions
listed in AHRI 1250–2009 that apply to
the DOE test procedure and also
clarifies which instructions contained in
AHRI 1250–2009 are to be used for
calculating AWEF), 3.3.3 (which
modifies the minimum evaporator fan
duty cycle or speed to be used in the
calculations for compressor off-cycle
periods), and 3.3.7 (which specifies
operating variable-speed evaporator fans
at full speed during compressor oncycle periods in calculations to
demonstrate compliance with DOE
standards) of Appendix C.
As discussed, the DOE test procedure
delineates between WICF refrigeration
systems that are condensing units and
those that are unit coolers. See e.g., 3.5.1
and 3.5.2 of Appendix C.9 The DOE test
procedure also provides specific
provisions for testing condensing units
and unit coolers with hot gas defrost.
Sections 3.5, 3.5.1, and 3.5.2 of
Appendix C. In general, hot gas defrost
condensing units tested alone are tested
in the same manner as electric defrost
dedicated condensing units that are not
matched for testing and are not treated
as single-package dedicated systems as
specified in section 3.4 of Appendix C
(after removing hot gas defrost
mechanical components and
disconnecting all such components form
electrical power). Section 3.5 and 3.5.1
of Appendix C. In general, hot gas
defrost unit coolers are similarly tested
with the hot gas defrost mechanical
components removed and disconnected
from electrical power. Section 5.5 of
Appendix C. However, for hot gas
defrost unit coolers, the test
requirements deviate from those
prescribed for electric defrost unit
coolers. Specifically, the defrost tests
described in sections 3.3.4 and 3.3.5 of
Appendix C are not conducted. Section
3.5.2 of Appendix C. Instead, default
defrost energy and heat contributions
are calculated and applied as specified
in sections 3.4.2.4 and 3.4.2.5 of
Appendix C. Section 3.5.2 of Appendix
C. This approach assigns electric defrost
energy and heat load to the AWEF
calculation for both hot gas defrost
condensing units and hot gas defrost
8 See, e.g., Docket EERE–2015–BT–STD–0016, No.
0007 at p. 15, which compares hot gas defrost
thermal load and energy contributions measured in
laboratory testing compared with the electric
defrost default values and the hot gas defrost
default values. As discussed, the hot gas defrost
thermal load and energy contribution values had
been adopted in the walk-in refrigeration system
test procedures in the May 2014 Final Rule (79 FR
27388) and were eliminated in the December 2016
Final Rule (81 FR 95758).
9 A unit cooler is defined as an assembly,
including means for forced air circulation and
elements by which heat is transferred from air to
refrigerant, thus cooling the air, without any
element external to the cooler imposing air
resistance. 10 CFR 431.302. A condensing unit, for
the purposes of DOE walk-in refrigeration system
testing, is an assembly that (1) includes 1 or more
compressors, a condenser, and one refrigeration
circuit; and (2) is designed to serve one refrigerated
load. Id.
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unit coolers, consistent with the intent
discussed above to establish equivalent
test results for hot gas defrost and
electric defrost for all walk-in
refrigeration systems.
Relatedly, DOE also published a final
rule on July 10, 2017, that adopted
energy conservation standards for
WICFs recommended by the Working
Group. 82 FR 31808 (‘‘July 2017 Final
Rule’’).10 The analysis supporting the
development of these standards
considered only electric defrost walk-in
refrigeration systems consistent with the
Working Group’s Term Sheet
recommendation to remove the hot gas
defrost credit. For the condensing unit
analysis, DOE relied on the default
values for electric defrost found in the
test procedure as the defrost energy and
heat load contributions. The analysis for
unit coolers used defrost heater wattage
levels for specific unit cooler models
considered to be representative and
defrost heater activation times agreed to
by the Working Group.11
The compliance date for the standards
established in the July 2017 Final Rule
is July 10, 2020. 82 FR 31808.
As noted elsewhere in this document,
the issues addressed in this proposal
were addressed as part of DOE’s prior
negotiated rulemaking efforts to amend
the test procedure for this equipment
and are narrowly focused on a specific
range of equipment. Because efforts to
address this issue through rulemaking
were already in progress at the time
DOE’s revised Process Rule provisions
were published, see 85 FR 8626
(February 14, 2020), DOE will apply
those provisions moving forward (i.e.,
rather than reinitiating the entire
rulemaking process on this issue).
However, DOE welcomes comment,
information, and data bearing on the
issues that would be raised in an early
assessment for walk-in refrigeration
systems. Further, while DOE’s analysis
indicates the need to make the changes
being proposed, to the extent that
interested parties believe that the
amendments contained in this proposal
are unnecessary, DOE welcomes
comment—along with supporting
10 The July 2017 Final Rule established standards
for six classes of refrigeration systems for which the
prior standards had been vacated by a controlling
court order issued on August 10, 2015, under a
settlement agreement reached in Lennox Int’l v.
Dep’t of Energy, Case No. 14–60535 (5th Cir.). 82
FR 31808, 31817.
11 The defrost heater activation times were
discussed during the September 30, 2015 Working
Group meeting. The data discussed addressing this
issue is in the meeting presentation, specifically
page 29. (EERE–2015–BT–STD–0016, No. 0007 at
pp. 27–32) The Working Group agreed with the
defrost activation times. (Working Group Meeting
Transcript, EERE–2015–BT–STD–0016, No. 0067 at
pp. 147–153).
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reasons and data—regarding that view
as well.
consumption of walk-in coolers and
walk-in freezers’’ as follows:
II. Synopsis of the Notice of Proposed
Rulemaking
Amend section 3.5.2 of Appendix C of the
current test procedure for evaluating defrost
energy and heat contribution for hot gas
defrost unit cooler tests by incorporating
equations consistent with Section C10.2.2 of
Appendix C of AHRI 1250–2020 (including
In this NOPR, DOE proposes to
update 10 CFR 431.304, ‘‘Uniform test
method for the measurement of energy
equations C46 through C49, which address
electric defrost energy use for dedicated
condensing units tested alone).12
DOE’s proposed actions are
summarized in Table II.1 and compared
to the current test procedure. Table II.1
also includes the reason for the
proposed change.
TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE
Current DOE test procedure
Proposed test procedure
Defrost energy and heat contribution for hot gas defrost
unit cooler are determined based on the calculation for
electric defrost for dedicated condensing units that are
not matched for testing.
Revise defrost energy and heat contribution values for
hot gas defrost unit coolers to be consistent with the
electric defrost energy use and heat contributions in
section C10.2.2 in Appendix C of AHRI 1250–2020.
DOE has tentatively determined that
the proposed amendments described in
section III of this NOPR would better
evaluate the measured efficiency of the
walk-in refrigeration system equipment
using hot gas defrost identified in this
proposal, and that the proposed test
procedures would not add any burden
to conduct. Discussion of DOE’s
proposed actions are addressed in detail
in section III of this NOPR.
III. Discussion
The following subsections describe
the scope and details of the proposed
rulemaking changes discussed in this
NOPR.
A. Scope of Applicability
This rulemaking applies specifically
to low temperature hot gas defrost walkin unit coolers tested alone.
DOE defines a ‘‘walk-in cooler and
walk-in freezer’’ as an enclosed storage
space refrigerated to temperatures,
respectively, above, and at or below 32
degrees Fahrenheit that can be walked
into, and has a total chilled storage area
of less than 3,000 square feet (excluding
products designed and marketed
exclusively for medical, scientific, or
research purposes). 10 CFR 431.302.
DOE defines a ‘‘unit cooler’’ as an
assembly, including means for forced air
circulation and elements by which heat
is transferred from air to refrigerant,
thus cooling the air, without any
element external to the cooler imposing
air resistance. A unit cooler is a
refrigeration system, which DOE defines
as the mechanism (including all
controls and other components integral
to the system’s operation) used to create
the refrigerated environment in the
interior of a walk-in cooler or walk-in
freezer, consisting of: (1) A dedicated
12 DOE slightly modified equation C49 by
removing division by 1.0 to simplify the equation.
This change does not affect the result.
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condensing refrigeration system (as
defined in 10 CFR 431.302); or (2) A
unit cooler.
This NOPR addresses the test
procedure only for hot gas defrost unit
coolers. DOE has initially determined
that for hot gas defrost unit coolers, the
current DOE test procedure provides
results that are not essentially the same
as the test procedure for units with
electric defrost as intended in the
December 2016 Final Rule. As a result,
it would not be possible for certain hot
gas defrost unit coolers to comply with
the energy conservation standards set to
take effect on July 10, 2020.
B. Revision of the Calculation of Defrost
Energy and Heat Contribution for Hot
Gas Defrost Unit Coolers Tested Alone
DOE was informed by manufacturers
and AHRI in 2019 that the test method
for addressing hot gas defrost unit
coolers does not provide results
appropriately comparable with the
results obtained under the method
prescribed for electric defrost unit
coolers, and likely are not appropriately
comparable for determining compliance
with the energy conservation standards.
As a result, hot gas defrost unit coolers
above a certain capacity will likely not
be able to comply with the energy
conservation standards for which
compliance is required beginning July
10, 2020.
As discussed in section I.B, hot gas
defrost provides efficiency benefits
compared with electric defrost by using
refrigerant to transfer heat from the
walk-in exterior, the compressor, and/or
a thermal storage component that stores
heat generated during the compressor
on-cycle as opposed to using electric
resistance coils for defrosting.
13 Gross capacity is the cooling delivered by the
refrigerant passing through the unit cooler
evaporator. Net capacity or cooling effect is less
than this value by an amount equal to the heat of
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Reason
Industry TP Update.
Table 1 below compares hypothetical
best-case AWEF values (assuming the
unit cooler fans draw zero power, an
impossible situation) and AWEF values
assuming representative fan wattages
calculated for unit coolers of different
gross capacity levels 13 using the method
prescribed in Appendix C of the current
test procedure using the defrost energy
and heat load values in the current test
procedure—these are the same values as
used to represent electric defrost energy
and heat values for determination of
AWEF for condensing units tested
alone. The zero-fan-watt AWEF levels
are higher than would be achieved by
max-tech unit coolers, since the
calculations were done assuming that
the unit cooler fans consume zero
energy for illustrative purposes.
The hypothetical AWEF values were
calculated as follows. Energy
contributions included in the AWEF
calculation for this case include the
compressor energy and the defrost
energy. The compressor energy is
calculated as the unit cooler gross
capacity, divided by a compressor
system EER prescribed in Table 17 of
AHRI 1250–2009 for low-temperature
unit coolers (i.e., EER = 6.7) multiplied
by a load factor representing percentage
compressor run time. The load factor is
equal to walk-in enclosure thermal load
plus the average per-hour defrost heat
contribution divided by the unit cooler’s
net capacity. In this calculation, higher
defrost energy and heat load both
reduce AWEF; a higher AWEF value
indicates more efficient performance.
The calculations indicate that, for unit
coolers above a certain capacity—even
for the hypothetical impossible zero-fanwatt scenario, using the default defrost
energy and heat load values results in a
the fans (i.e., fan input power in Watts converted
to heat in Btu/h by multiplying by 3.412) used to
circulate air through the unit cooler.
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measured AWEF lower than the lowtemperature unit cooler minimum
standard for which compliance will be
required on July 10, 2020.
TABLE 1—HOT GAS DEFROST UNIT COOLER AWEF
AWEF 1 (Btu/W-h)
Gross capacity
(Btu/h)
Assuming zero
fan power
10,000 ..............................................................................................
17,500 ..............................................................................................
50,000 ..............................................................................................
100,000 ............................................................................................
114,300 ............................................................................................
150,000 ............................................................................................
200,000 ............................................................................................
Assuming fan power
correlations of AHRI 1250–2020,
equation 173 in section 7.9.3.3 1
5.08
4.65
4.49
4.21
4.15
4.03
3.91
Minimum
AWEF standard 2
(Btu/W-h)
4.30
4.15
3.83
3.51
3.45
3.35
3.23
4.07
4.15
4.15
4.15
4.15
4.15
4.15
1 These correlations, representative of freezer unit cooler evaporator fan power, are used in the test method prescribed in AHRI 1250–2020 for
freezer condensing units tested alone.
2 Unit Cooler—Low, 10 CFR 431.306(e).
As mentioned, the DOE test procedure
determines the AWEF of hot gas defrost
unit coolers by using the default electric
defrost energy use and heat load values
from the test procedure provisions
applicable to condensing units tested
alone. Appendix C Sections 3.5.2,
3.4.2.4, and 3.4.2.5. In April 2020, AHRI
published an updated version of its
AHRI 1250 test standard (‘‘AHRI 1250–
2020’’) that revised the values for
electric defrost energy use and heat
contributions to apply when testing
condensing units that are tested alone
(see section C10.2.2 in Appendix C of
AHRI 1250–2020). In part, AHRI based
the update on testing a sample of unit
coolers having electric defrost. Although
the updated values specified in AHRI
1250–2020 are expressed as average per-
hour contributions rather than daily
contributions, they can be converted to
daily contributions (by multiplying by
24) for comparison with the current
DOE test procedure values. As
expressed in daily values, the values
based on AHRI 1250–2020 are
significantly lower than the values in
the current DOE test procedure, as
indicated in Table 2.
TABLE 2—COMPARISON OF UNIT COOLER DEFAULT ELECTRIC DEFROST ENERGY AND HEAT LOAD BETWEEN CURRENT
DOE TEST PROCEDURE AND AHRI 1250–2020
Daily defrost energy use, DF
(Wh)
Gross capacity
(Btu/h)
Current DOE test
procedure *
10,000 ..................................................................................................
50,000 ..................................................................................................
100,000 ................................................................................................
150,000 ................................................................................................
200,000 ................................................................................................
Daily defrost heat load, QDF
(Btu)
AHRI
1250–2020
4,088
31,600
76,100
128,00
184,000
Current DOE test
procedure *
2,400
10,400
18,000
27,000
36,000
AHRI 1250–
2020
13,300
102,300
247,000
413,000
595,000
7,800
33,600
58,500
87,600
117,000
* See Appendix C, Sections 3.4.2.4 and 3.4.2.5. Applicable for hot gas defrost unit coolers as required in Appendix C, Section 3.5.2.
DOE notes that the AHRI 1250–2020
revisions also include correlations for
the energy use and heat load associated
with hot gas defrost. These values were
based on testing of units with hot gas
defrost. However, DOE is proposing to
use the correlations developed for
electric defrost rather than hot gas
defrost, to achieve consistency between
ratings of hot gas and electric defrost
unit coolers, as intended by the
December 2016 Final Rule.
DOE has initially determined that the
equations in AHRI 1250–2020 section
C10.2.2 provide better representation of
electric defrost energy use and heat load
than those in the current DOE test
procedure in Appendix C, sections
3.4.2.4 and 3.4.2.5 and hence would
provide better equivalence of a hot gas
unit cooler’s performance rating with
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that of an otherwise similar electric
defrost unit cooler, regardless of gross
capacity. The default electric defrost
energy and heat values in the DOE test
procedure were validated based on
testing with unit coolers of a more
limited range of capacity than the
sample tested by AHRI. DOE testing to
evaluate the electric defrost correlations
is summarized in the Sept. 30/Oct. 1,
2015 Working Group presentation
(Docket EERE–2015–BT–STD–0016, No.
0007 at p. 31), which reports testing of
refrigeration systems with measured
gross capacity up to 18,100 Btu/h. The
default electric defrost energy and heat
values provided in AHRI 1250–2020
were based on a test program measuring
performance of a range of capacities of
unit coolers that included unit coolers
of higher capacity than tested by DOE in
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development of the DOE test procedure
(i.e., the AHRI sample included unit
coolers with capacities greater than
18,000 Btu/h). DOE has initially
determined that, because of the more
robust sample, the AHRI 1250–2020
values provide the best available
representation of electric defrost energy
consumption associated with unit
cooler defrost and thus are more
appropriate to use to provide
equivalence between performance
representations between hot gas defrost
and electric defrost unit coolers. Hence,
DOE is proposing to revise its test
procedure for hot gas defrost lowtemperature unit coolers to use the
AHRI 1250–2020 equations to provide
more equivalent test results between
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electric and hot gas defrost unit
coolers.14
The proposed revisions would be
made to the test procedure for walk-in
freezer refrigeration systems prescribed
by DOE in Appendix C. If made final,
the proposal would add section 3.5.3
specifically for hot gas defrost unit
coolers, which relies on the defrost
energy and heat equations from AHRI
1250–2020.
DOE requests comment on its
proposal to revise the test procedure for
hot gas defrost unit coolers by revising
the equations used to calculate energy
and heat contributions for defrost
consistent with those specified in AHRI
1250–2020 in Section C10.2.2 of
Appendix C for electric defrost.
C. Test Procedure Costs, Harmonization,
and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures
proposed by DOE not be unduly
burdensome to conduct. In this NOPR,
DOE proposes to amend the existing test
procedure for walk-in freezers by
revising the calculations used to
determine representations for hot gas
defrost unit coolers when tested alone.
If finalized, this test procedure would
impact only WICF refrigeration systems
that are hot gas defrost unit coolers.
DOE has tentatively determined that the
proposed amendment would not add
any burden to manufacturers to conduct
the test procedure for this equipment
since the proposal would require only a
mathematical change to the measured
results and would not require any
additional testing or re-testing on the
part of manufacturers.
2. Harmonization With Industry
Standards
DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA) or estimated operating costs of
that product during a representative
average use cycle. 10 CFR 431.4; 10 CFR
part 430, subpart C, appendix A, section
8(c). In cases where the industry
standard does not meet the relevant
statutory criteria, DOE will make
needed modifications to these standards
14 DOE has not identified an analogous issue with
the use of hot gas defrost default values when
testing condensing units tested alone that use hot
gas defrost. The condensing unit test procedure
provisions require use of the same defrost default
values that were used to develop the energy
conservation standards for which compliance is
required on July 10, 2020.
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through rulemaking to ensure that the
test procedure being adopted satisfies
these criteria. Id.
DOE is proposing to adopt the method
for determining the energy use
attributable to hot gas defrost in unit
coolers as detailed in AHRI 1250–2020,
which is the updated version of the
industry test procedure generally
incorporated by reference in Appendix
C. To address the determination of
AWEF for hot gas defrost unit coolers as
discussed in this NOPR, DOE is
focusing this proposal on updating the
Federal test procedure consistent with
AHRI 1250–2020 only in this context.
DOE may undertake a separate
evaluation of whether amendments to
the WICF test procedure are necessary
more generally, and would as part of
that evaluation consider whether the
existing reference to AHRI 1250 should
be updated to the 2020 version.
D. Compliance Date
EPCA prescribes that, if DOE amends
a test procedure, all representations of
energy efficiency and energy use,
including those made on marketing
materials and product labels, must be
made in accordance with that amended
test procedure, beginning 180 days after
publication of such a test procedure
final rule in the Federal Register. (42
U.S.C. 6314(d)(1)) Manufacturers do,
however, have the option to use the
amended test procedure prior to that
time.
If DOE were to publish an amended
test procedure, 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. 6314(d)(2)) 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.)
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(‘‘OMB’’) has determined that this test
procedure rulemakings does not
constitute a ‘‘significant regulatory
action’’ under section 3(f) of Executive
Order (‘‘E.O.’’) 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct.
4, 1993). Accordingly, this action was
not subject to review under the
Executive Order by the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in OMB.
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B. Review Under Executive Orders
13771 and 13777
On January 30, 2017, the President
issued E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs.’’ See 82 FR 9339 (Feb. 3, 2017).
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.’’ 82 FR 12285 (March 1, 2017).
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 the 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 have no cost impact. Therefore, if
finalized as proposed, this rule is
expected to be an E.O. 13771 other
action.
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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
(August 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: https://energy.gov/gc/
office-general-counsel.
The proposed change to the test
procedure would have no cost impact.
As discussed, the proposed rule, if
finalized, would require use of a
different calculation to determine the
AWEF for hot gas defrost unit coolers.
The proposed amendment would not
require additional testing or retesting.
Therefore, DOE initially concludes
that the impacts of the proposed test
procedure amendments 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).
D. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of WICFs 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 walkin coolers and freezers. (See generally
10 CFR part 429.) The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(‘‘PRA’’). This requirement has been
approved by OMB under OMB control
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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.
The amendment proposed in this
NOPR, if made final would not impact
the reporting burden for manufacturers
of WICFs.
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
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60731
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 equipment 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
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
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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
https://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 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed rule would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is 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 proposed
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
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16:57 Sep 25, 2020
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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.
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.
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 to
amend the test procedure for measuring
the energy efficiency of walk-in coolers
and freezers is not a significant
regulatory action under Executive Order
12866. Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as a significant energy
action by the Administrator of OIRA.
Therefore, it is not a significant energy
action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.
The time and date for the webinar are
listed in the DATES section at the
beginning of this document. 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=56&action=viewlive.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
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
PO 00000
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Sfmt 4702
V. Public Participation
A. Participation in the Webinar
B. 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
document.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
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names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to https://
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 https://
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 https://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 https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery/courier, or postal mail.
Comments and documents submitted
via email, hand delivery/courier, or
postal mail also will be posted to https://
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 postal mail or hand delivery/
courier, please provide all items on a
CD, if feasible, in which case it is not
necessary to submit printed copies. No
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.
VerDate Sep<11>2014
16:57 Sep 25, 2020
Jkt 250001
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.
Pursuant 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/courier 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.
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).
C. Issues on Which DOE Seeks
Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
(1) DOE requests comment on its
proposal to revise the test procedure for
hot gas defrost unit coolers by revising
the equations used to calculate energy
and heat contributions for defrost
consistent with those specified for
electric defrost in in Section C10.2.2 of
Appendix C of AHRI 1250–2020. If such
revision is not appropriate, DOE
requests information and data that
would inform development of a more
suitable set of equations to represent
defrost to allow equivalent ratings for
hot gas and electric defrost unit coolers.
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 431
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, Incorporation by reference,
and Reporting and recordkeeping
requirements.
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60733
Signing Authority
This document of the Department of
Energy was signed on August 31, 2020,
by Alexander N. Fitzsimmons, Deputy
Assistant Secretary for Energy
Efficiency, Energy Efficiency and
Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on August 31,
2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
part 431 of Chapter II of Title 10, Code
of Federal Regulations as set forth
below:
PART 431—ENERGY CONSERVATION
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
2. Appendix C to subpart R of part 431
is amended by revising section 3.5.2 and
adding new section 3.5.3 to read as
follows:
■
Appendix C to Subpart R of Part 431—
Uniform Test Method for the
Measurement of Net Capacity and
AWEF of Walk-In Cooler and Walk-In
Freezer Refrigeration Systems
*
*
*
*
*
3.5.2 Hot Gas Defrost Matched Systems
and Single-package Dedicated Systems: Test
these units as described in section 3.3 of this
appendix for electric defrost matched
systems and single-package dedicated
systems, but do not conduct defrost tests as
described in sections 3.3.4 and 3.3.5 of this
appendix. Calculate daily defrost energy use
as described in section 3.4.2.4 of this
appendix. Calculate daily defrost heat
contribution as described in section 3.4.2.5 of
this appendix.
3.5.3 Hot Gas Defrost Unit Coolers Tested
Alone: Test these units as described in
section 3.3 of this appendix for electric
defrost unit coolers tested alone, but do not
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conduct defrost tests as described in sections
3.3.4 and 3.3.5 of this appendix. Calculate
If Qgross
˙ DF, expressed in
average defrost heat load Q
Btu/h, as follows:
'.S 25,000 Btu/h:
•
•
Nnp
Qvp=0.195 · Qgross · -24
IfQgross
> 25,000Btu/h and Qgross :S 70,000 Btu/h:
Q.
_ Q'
gross
DF -
If Qgross
. [ Q 195
·
_
0.049 (Qgross-25,000)]. Nnp
45,000
24
> 70,000 Btu/h:
QDF
= 0.146 . Qgross . Nnp
24
Where:
Qgross
is the measured gross capacity in Btu/h at the Suction A condition; and
NDF is the number of defrosts per day, equal to 4.
Calculate average defrost power input D°F, expressed in Watts, as follows:
v·F ==
<2vF
0.95 X3.412
Where:
[FR Doc. 2020–19565 Filed 9–25–20; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2020–BT–TP–0032]
RIN 1904–AE53
Energy Conservation Program: Test
Procedures for Certain Commercial
and Industrial Equipment; Early
Assessment Review; Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is undertaking an early
assessment review to determine whether
to proceed with a rulemaking to amend
the test procedure for commercial and
industrial pumps. This request for
SUMMARY:
VerDate Sep<11>2014
16:57 Sep 25, 2020
Jkt 250001
information (‘‘RFI’’), DOE seeks data
and information that could enable the
agency to determine whether to amend
its current test procedure as well as
comment on the availability of
consensus-based test procedures for
measuring the energy use of commercial
and industrial pumps that could be
adopted with or without modification.
DOE welcomes written comments from
the public on any subject within the
scope of this document (including
topics not raised in this RFI), as well as
the submission of data and other
relevant information concerning this
early assessment review.
DATES: Written comments and
information will be accepted on or
before December 14, 2020.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
number EERE–2020–BT–TP–0032, by
any of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to Pumps2020TP0032@
ee.doe.gov. Include docket number
EERE–2020–BT–TP–0032 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
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EP28SE20.000</GPH>
Q0 F is the average defrost heat load in Btu/h
]]>Agencies
[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Proposed Rules]
[Pages 60724-60734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19565]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 /
Proposed Rules
[[Page 60724]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2020-BT-TP-0016]
RIN 1904-AF02
Energy Conservation Program: Test Procedure for Walk-In Coolers
and Walk-In Freezers
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 walk-in freezers to address an issue affecting hot
gas defrost-equipped unit coolers (``hot gas defrost unit coolers'').
DOE is proposing to amend the current test procedure regarding hot gas
unit coolers consistent with an update to the industry standard that is
incorporated by reference in the DOE test procedure for walk-in freezer
refrigeration systems. Given the upcoming energy conservation standards
compliance date of July 10, 2020, DOE is limiting the scope of this
proposed rulemaking to expediently address how to test a hot gas
defrost unit cooler.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than December 14, 2020. See section V, ``Public
Participation,'' for details. DOE will hold a webinar on Friday,
October 2, 2020, from 1:00 p.m. to 4:00 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2020-BT-
TP-0016, by any of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Email: [email protected]. Include the docket number
EERE-2020-BT-TP-0016 or regulatory information number (``RIN'') 1904-
AF02 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 of SUPPLEMENTARY INFORMATION.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at https://www.regulations.gov. All documents in the docket are
listed in the https://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 https://www.regulations.gov/docket?D=EERE-2020-BT-TP-0016. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section V of SUPPLEMENTARY INFORMATION for
information on how to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: [email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-8145. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Revision of the Calculation of Defrost Energy and Heat
Contribution for Hot Gas Defrost Unit Coolers Tested Alone
C. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
D. Compliance Date
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
V. Public Participation
A. Participation in the Webinar
B. Submission of Comments
C. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Walk-in coolers and walk-in freezers (``WICFs'' or ``walk-ins'')
are included in the list of ``covered equipment'' for
[[Page 60725]]
which DOE is authorized to establish and amend energy conservation
standards and test procedures. (42 U.S.C. 6311(1)(G)) DOE has
established test procedures and standards for the principal components
that make up a walk-in: Panels, doors, and refrigeration systems. See
title 10 of the Code of Federal Regulations (``CFR'') part 431 subpart
R. Relevant to this document, DOE has established standards for walk-in
freezer refrigeration systems as a component of walk-in freezers at 10
CFR 431.306, and test procedures for walk-in freezer refrigeration
systems at 10 CFR 431.304(b)(4) and appendix C to subpart R of part 431
(``Appendix C''). This notice of proposed rulemaking (``NOPR'')
specifically addresses the procedures in Appendix C relevant to hot gas
defrost unit coolers.
The following sections discuss DOE's authority generally to
establish test procedures for walk-in coolers and walk-in freezers and
relevant background information regarding DOE's consideration of test
procedures for WICF refrigeration systems.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
Public Law 94-163 (Dec. 22, 1975), 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 C of EPCA,
added by the National Energy Conservation Policy Act, Public Law 95-
619, Title IV, section 441(a) (Nov. 9, 1978), established the Energy
Conservation Program for Certain Industrial Equipment, which sets forth
a variety of provisions designed to improve energy efficiency of
various types of industrial equipment. As amended by the Energy
Independence and Security Act of 2007, Public Law 110-140 (Dec. 19,
2007), this equipment includes walk-ins, the subject of this document.
(42 U.S.C. 6311(1)(G))
---------------------------------------------------------------------------
\1\ 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 (Oct. 23, 2018).
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6311), test
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE uses
these test procedures to determine whether the equipment complies with
relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42
U.S.C. 6295(s))
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers
of Federal preemption for particular State laws or regulations, in
accordance with the procedures and other provisions of EPCA. (42 U.S.C.
6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use or estimated annual
operating cost of a given type of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
EPCA provides specific requirements for determining the R value for
certain walk-in components. (42 U.S.C. 6314(a)(9)(A)(i)-(iv)) In
addition, EPCA required that DOE establish test procedures to measure
walk-in energy-use. (42 U.S.C. 6314(a)(9)(B)(i))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6314(b)) EPCA also requires that, at least once every 7 years,
DOE evaluate test procedures for each type of covered equipment,
including walk-ins, to determine whether amended test procedures would
more accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle. (42 U.S.C. 6314(a)(1)) If the Secretary determines that a test
procedure amendment is warranted, the Secretary must publish proposed
test procedures in the Federal Register, and afford interested persons
an opportunity (of not less than 45 days' duration) to present oral and
written data, views, and arguments on the proposed test procedures. (42
U.S.C. 6314(b)) If DOE determines that test procedure revisions are not
appropriate, DOE must publish its determination not to amend the test
procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
B. Background
On April 15, 2011, DOE published a final rule to establish test
procedures for the principal components that make up a walk-in: Panels,
doors, and refrigeration systems. 76 FR 21580 (April 15, 2011). The
test procedure for refrigeration systems at Appendix C measures energy
using the annual walk-in energy factor (``AWEF'') metric. Appendix C,
Sec. 1. AWEF represents the ratio of the total heat removed from a
walk-in, in British thermal units (``Btu''), during a one-year period
of usage (not including the heat generated by the operation of a
refrigeration system), to the total energy input of the refrigeration
system, in watt-hours (``Wh''), during the same period.
On May 13, 2014, DOE revised the existing regulations for walk-ins
to allow WICF refrigeration system manufacturers, once certain
qualifications are met, to use an alternative efficiency determination
method (``AEDM'') to determine the energy consumption of their products
through simulation or modeling. Manufacturers can use that simulation
information to certify compliance and report ratings. 79 FR 27388
(``May 2014 Final Rule'').
The May 2014 Final Rule also introduced different approaches for
testing refrigeration systems, accommodating testing not just of
complete systems, but also accommodating the individual components of
split systems to be tested separately. 79 FR 27388, 27398. A split-
system refrigeration system consists of two separate components: A unit
cooler \2\ that is installed inside a walk-in enclosure, and a
condensing unit,\3\
[[Page 60726]]
which is installed outside the enclosure, either inside a building in
which the walk-in is constructed, or outdoors. The amendments finalized
in the May 2014 Final Rule accommodate testing of the entire ``matched
pair'' refrigeration system (i.e., a condensing unit and unit cooler
together), the condensing unit alone, or the unit cooler alone. When
testing an individual component alone, the energy use attributed to the
other system component is represented by a default value or using a
default performance characteristic. Specifically, when testing a unit
cooler alone, the condensing unit energy use is determined using the
representative energy efficiency ratio (``EER'') specified for the
appropriate adjusted dew point temperature in Table 17 of AHRI 1250-
2009. Energy use of the unit cooler's components, i.e., its evaporator
fan(s) and its electric defrost heater (for units that use electric
defrost), is directly measured during the test. Conversely, when
testing a condensing unit alone, the compressor and condenser fan
energy are directly measured, while the energy use of the components of
the unit cooler are represented by default values. The test procedure
provides default values for the evaporator fans, and, for low-
temperature refrigeration systems, the energy use and heat load
associated with defrost.\4\ Appendix C, Sections 3.4.2 through 3.4.5.
The default defrost energy and heat values are based on representative
energy use of electric defrost, by far the most common form of defrost.
Electric defrost consists of electric resistance heaters built into the
evaporator coil and the unit cooler drain pan that are energized
occasionally during the day to warm the coil and melt the frost.
---------------------------------------------------------------------------
\2\ A unit cooler is defined as an assembly, including means for
forced air circulation and elements by which heat is transferred
from air to refrigerant, thus cooling the air, without any element
external to the cooler imposing air resistance. (10 CFR 431.302)
\3\ A condensing unit, for the purposes of DOE walk-in
refrigeration system testing, is an assembly that (1) includes 1 or
more compressors, a condenser, and one refrigeration circuit; and
(2) is designed to serve one refrigerated load. (10 CFR 431.302)
\4\ Defrost is required to remove frost from the evaporator
coils of refrigeration systems, which collects during the
refrigeration system on-cycle as water vapor in the air freezes onto
the cold evaporator surfaces. Defrost capability is required for
freezers, but is optional for coolers, since the surrounding walk-in
interior temperature is above freezing temperature and thus can melt
the frost between on-cycles in many walk-in cooler applications.
---------------------------------------------------------------------------
Additionally, the May 2014 Final Rule established a method for
determination of AWEF for refrigeration systems with ``hot gas''
defrost, using nominal values to represent the energy use and heat load
of this method. 79 FR 27388, 27401. Rather than using electric
resistance coils embedded in the evaporator for defrosting, hot gas
defrost uses refrigerant to transfer heat from ambient air outside the
walk-in, the compressor, and/or a thermal storage component that stores
heat generated during the compressor on-cycle. DOE notes that, in
contrast with the default values for electric defrost, which are
required for use only when testing condensing units, the hot gas
defrost nominal values were to be used for any system using hot gas
defrost (see Sec. 431.303(c)(10)(xii) as finalized in the May 2014
Final Rule for unit coolers and complete refrigeration systems (e.g.,
matched pairs) and see Sec. 431.303(c)(12)(ii) as finalized in the May
2014 Final Rule for condensing units). 79 FR 27388, 27413-27414.\5\ The
application of the hot gas defrost nominal values was established for
all system configurations because an appropriate test method to
accurately measure hot gas defrost that would not be unduly burdensome
to conduct had not been developed. 79 FR 27388, 27401. As such, energy
use and heat load default values were established for both hot gas unit
coolers and condensing units tested alone that use hot gas defrost.
---------------------------------------------------------------------------
\5\ These requirements were later removed in a test procedure
final rule published on December 28, 2016. 81 FR 95758, 95774-95777.
---------------------------------------------------------------------------
DOE most recently amended the test procedures for the performance
requirements for walk-in refrigeration system components (e.g.,
refrigeration systems such as unit coolers), in a final rule published
on December 28, 2016. 81 FR 95758 (``December 2016 Final Rule''). That
rule adopted a series of amendments to provisions affecting certain
walk-in refrigeration systems, including product-specific definitions,
removal of a performance credit for hot gas defrost, and a method to
accommodate refrigeration equipment that use adaptive defrost and on-
cycle variable-speed evaporator fan control. See id. These amendments
had their initial origins as part of a negotiated rulemaking effort
held under the Appliance Standards and Rulemaking Federal Advisory
Committee (``ASRAC''). See 80 FR 46521 (August 5, 2015) (establishing a
WICF Working Group under ASRAC).\6\ The removal of the hot gas defrost
credit was part of the Working Group's test procedure-related
recommendations. See Docket No. EERE-2015-BT-STD-0016, No. 56 at p. 2
(ASRAC Term Sheet, Recommendation No. 3--elimination of the ``hot gas
defrost credit'' in the walk-in test procedure). See also 81 FR 95758,
95761 (discussing ASRAC recommendations).
---------------------------------------------------------------------------
\6\ Working Group for Certain Equipment Classes of Refrigeration
Systems of Walk-in Coolers and Freezers to Negotiate a Notice of
Proposed Rulemaking for Energy Conservation Standards (``Working
Group'').
---------------------------------------------------------------------------
Up until the December 2016 Final Rule, the walk-in test procedure
had included a method for calculating defrost energy and defrost heat
load of hot gas defrost refrigeration systems. See 79 FR 27388, 27413
(incorporating as part of the May 2014 Final Rule a method for
calculating defrost energy and heat load for hot gas defrost systems).
The method DOE established relied on certain default values for
calculating hot gas defrost energy and heat load, and separate default
values for calculating electric defrost energy use and heat load, for
testing refrigeration systems. 79 FR 27388, 27401. As discussed above,
the electric defrost energy use and heat load values were required for
testing of condensing units only, whereas the hot gas defrost values
were required for testing of any refrigeration system configuration.
The default values for calculating hot gas defrost energy and heat load
established in the May 2014 Final Rule were much lower than the default
values established for calculating energy use and heat load for
electric defrost; thus, use of these values represented a ``hot gas
defrost credit.'' Id. Given that this ``hot gas defrost credit'' in the
test procedure resulted in more favorable AWEF results for systems
using hot gas defrost (in comparison to using electric defrost, all
else being equal), the use of hot gas defrost was subsequently
considered as a design option in the June 3, 2014 energy conservation
standard rulemaking, which set new performance standards for walk-in
refrigeration systems. 79 FR 32050. As a result, DOE's analysis
indicated that manufacturers would need to use hot gas defrost
technology for most of the WICF refrigeration system equipment classes
in order to comply with the new standards.\7\
---------------------------------------------------------------------------
\7\ In the energy conservation standard final rule published on
June 3, 2014, DOE set standards at Trial Standard Level (``TSL'') 2.
79 FR 32050, 32116. The analysis showed that this TSL would
generally require use of hot gas defrost. For example, for equipment
class DC.L.O (low-temperature outdoor dedicated condensing unit) at
9,000 Btu/h nominal capacity, TSL 2 represented efficiency level
(``EL'') 11. See Table V.2, 79 FR 32050, 32099. EL 11 represented
the maximum-technology (``Max-tech'') level in the analysis, which
relied on hot gas defrost, as shown in Table 5A.5.42 of the
Technical Support Document. (Docket Number EERE-2008-BT-STD-0015,
No. 0131 at p. 5A-57)
---------------------------------------------------------------------------
As discussed in the December 2016 Final Rule, simply eliminating
the hot gas defrost energy and heat load values by reducing these
values to zero would not eliminate the hot gas defrost credit, but
rather would magnify the relative benefit given to hot gas defrost
units by removing from the calculation any energy use associated with
defrost for
[[Page 60727]]
such units. 81 FR 95758, 95774. Comments provided by stakeholders
recommended revising the test procedure such that the test results for
hot gas defrost systems would be equivalent to those of electric
defrost systems. 81 FR 95758, 95774-95775. DOE considered a variety of
options for establishing efficiency representations of refrigeration
systems with hot gas defrost comparable to those with electric defrost,
including recommendations from stakeholder comments. Such
representations would generally overestimate the energy use of hot gas
defrost systems, since hot gas defrost is generally less energy-
intensive than electric defrost.\8\ Further, unlike electric defrost
systems--for which the energy use of the dedicated electric resistance
heaters can be easily measured--an appropriate test method to determine
the energy use of hot gas defrost that is not unduly burdensome had not
(and still has not) been developed.
---------------------------------------------------------------------------
\8\ See, e.g., Docket EERE-2015-BT-STD-0016, No. 0007 at p. 15,
which compares hot gas defrost thermal load and energy contributions
measured in laboratory testing compared with the electric defrost
default values and the hot gas defrost default values. As discussed,
the hot gas defrost thermal load and energy contribution values had
been adopted in the walk-in refrigeration system test procedures in
the May 2014 Final Rule (79 FR 27388) and were eliminated in the
December 2016 Final Rule (81 FR 95758).
---------------------------------------------------------------------------
The approach that DOE adopted in the December 2016 Final Rule was
to assign to hot gas defrost unit coolers the same default values for
electric defrost heat and energy use calculations that the test
procedure assigns to dedicated condensing units that are not matched
with a unit cooler for testing (i.e., tested alone). 81 FR 95758,
95776. As described in the final rule, the intent was that the use of a
hot gas defrost feature would not affect the measured efficiency either
positively or negatively. In that aspect, the test procedure for units
with hot gas defrost would be essentially the same as the test
procedure for units with electric defrost. 81 FR 95758, 95776. The
approach adopted in the December 2016 Final Rule remains the current
test method for addressing hot gas defrost.
In general, the current DOE test procedure requires testing of WICF
refrigeration systems to be conducted pursuant to the industry
standard, Air Conditioning, Heating, and Refrigeration Institute
(``AHRI'') Standard 1250-2009 (``AHRI 1250-2009''). Section 3.0 of
Appendix C. For testing unit coolers, the DOE test procedure also
provides a number of clarifications and modifications to AHRI 1250-2009
as specified in 3.1.5 (which modifies Tables 15 and 16 of the test
standard to add requirements for liquid inlet saturation temperature),
3.3.1 (which clarifies the suction test conditions listed in AHRI 1250-
2009 that apply to the DOE test procedure and also clarifies which
instructions contained in AHRI 1250-2009 are to be used for calculating
AWEF), 3.3.3 (which modifies the minimum evaporator fan duty cycle or
speed to be used in the calculations for compressor off-cycle periods),
and 3.3.7 (which specifies operating variable-speed evaporator fans at
full speed during compressor on-cycle periods in calculations to
demonstrate compliance with DOE standards) of Appendix C.
As discussed, the DOE test procedure delineates between WICF
refrigeration systems that are condensing units and those that are unit
coolers. See e.g., 3.5.1 and 3.5.2 of Appendix C.\9\ The DOE test
procedure also provides specific provisions for testing condensing
units and unit coolers with hot gas defrost. Sections 3.5, 3.5.1, and
3.5.2 of Appendix C. In general, hot gas defrost condensing units
tested alone are tested in the same manner as electric defrost
dedicated condensing units that are not matched for testing and are not
treated as single-package dedicated systems as specified in section 3.4
of Appendix C (after removing hot gas defrost mechanical components and
disconnecting all such components form electrical power). Section 3.5
and 3.5.1 of Appendix C. In general, hot gas defrost unit coolers are
similarly tested with the hot gas defrost mechanical components removed
and disconnected from electrical power. Section 5.5 of Appendix C.
However, for hot gas defrost unit coolers, the test requirements
deviate from those prescribed for electric defrost unit coolers.
Specifically, the defrost tests described in sections 3.3.4 and 3.3.5
of Appendix C are not conducted. Section 3.5.2 of Appendix C. Instead,
default defrost energy and heat contributions are calculated and
applied as specified in sections 3.4.2.4 and 3.4.2.5 of Appendix C.
Section 3.5.2 of Appendix C. This approach assigns electric defrost
energy and heat load to the AWEF calculation for both hot gas defrost
condensing units and hot gas defrost unit coolers, consistent with the
intent discussed above to establish equivalent test results for hot gas
defrost and electric defrost for all walk-in refrigeration systems.
---------------------------------------------------------------------------
\9\ A unit cooler is defined as an assembly, including means for
forced air circulation and elements by which heat is transferred
from air to refrigerant, thus cooling the air, without any element
external to the cooler imposing air resistance. 10 CFR 431.302. A
condensing unit, for the purposes of DOE walk-in refrigeration
system testing, is an assembly that (1) includes 1 or more
compressors, a condenser, and one refrigeration circuit; and (2) is
designed to serve one refrigerated load. Id.
---------------------------------------------------------------------------
Relatedly, DOE also published a final rule on July 10, 2017, that
adopted energy conservation standards for WICFs recommended by the
Working Group. 82 FR 31808 (``July 2017 Final Rule'').\10\ The analysis
supporting the development of these standards considered only electric
defrost walk-in refrigeration systems consistent with the Working
Group's Term Sheet recommendation to remove the hot gas defrost credit.
For the condensing unit analysis, DOE relied on the default values for
electric defrost found in the test procedure as the defrost energy and
heat load contributions. The analysis for unit coolers used defrost
heater wattage levels for specific unit cooler models considered to be
representative and defrost heater activation times agreed to by the
Working Group.\11\
---------------------------------------------------------------------------
\10\ The July 2017 Final Rule established standards for six
classes of refrigeration systems for which the prior standards had
been vacated by a controlling court order issued on August 10, 2015,
under a settlement agreement reached in Lennox Int'l v. Dep't of
Energy, Case No. 14-60535 (5th Cir.). 82 FR 31808, 31817.
\11\ The defrost heater activation times were discussed during
the September 30, 2015 Working Group meeting. The data discussed
addressing this issue is in the meeting presentation, specifically
page 29. (EERE-2015-BT-STD-0016, No. 0007 at pp. 27-32) The Working
Group agreed with the defrost activation times. (Working Group
Meeting Transcript, EERE-2015-BT-STD-0016, No. 0067 at pp. 147-153).
---------------------------------------------------------------------------
The compliance date for the standards established in the July 2017
Final Rule is July 10, 2020. 82 FR 31808.
As noted elsewhere in this document, the issues addressed in this
proposal were addressed as part of DOE's prior negotiated rulemaking
efforts to amend the test procedure for this equipment and are narrowly
focused on a specific range of equipment. Because efforts to address
this issue through rulemaking were already in progress at the time
DOE's revised Process Rule provisions were published, see 85 FR 8626
(February 14, 2020), DOE will apply those provisions moving forward
(i.e., rather than reinitiating the entire rulemaking process on this
issue). However, DOE welcomes comment, information, and data bearing on
the issues that would be raised in an early assessment for walk-in
refrigeration systems. Further, while DOE's analysis indicates the need
to make the changes being proposed, to the extent that interested
parties believe that the amendments contained in this proposal are
unnecessary, DOE welcomes comment--along with supporting
[[Page 60728]]
reasons and data--regarding that view as well.
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 431.304, ``Uniform test
method for the measurement of energy consumption of walk-in coolers and
walk-in freezers'' as follows:
Amend section 3.5.2 of Appendix C of the current test procedure
for evaluating defrost energy and heat contribution for hot gas
defrost unit cooler tests by incorporating equations consistent with
Section C10.2.2 of Appendix C of AHRI 1250-2020 (including equations
C46 through C49, which address electric defrost energy use for
dedicated condensing units tested alone).\12\
---------------------------------------------------------------------------
\12\ DOE slightly modified equation C49 by removing division by
1.0 to simplify the equation. This change does not affect the
result.
DOE's proposed actions are summarized in Table II.1 and compared to
the current test procedure. Table II.1 also includes the reason for the
proposed change.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure
----------------------------------------------------------------------------------------------------------------
Current DOE test procedure Proposed test procedure Reason
----------------------------------------------------------------------------------------------------------------
Defrost energy and heat contribution Revise defrost energy and heat Industry TP Update.
for hot gas defrost unit cooler are contribution values for hot
determined based on the calculation gas defrost unit coolers to
for electric defrost for dedicated be consistent with the
condensing units that are not matched electric defrost energy use
for testing. and heat contributions in
section C10.2.2 in Appendix C
of AHRI 1250-2020.
----------------------------------------------------------------------------------------------------------------
DOE has tentatively determined that the proposed amendments
described in section III of this NOPR would better evaluate the
measured efficiency of the walk-in refrigeration system equipment using
hot gas defrost identified in this proposal, and that the proposed test
procedures would not add any burden to conduct. Discussion of DOE's
proposed actions are addressed in detail in section III of this NOPR.
III. Discussion
The following subsections describe the scope and details of the
proposed rulemaking changes discussed in this NOPR.
A. Scope of Applicability
This rulemaking applies specifically to low temperature hot gas
defrost walk-in unit coolers tested alone.
DOE defines a ``walk-in cooler and walk-in freezer'' as an enclosed
storage space refrigerated to temperatures, respectively, above, and at
or below 32 degrees Fahrenheit that can be walked into, and has a total
chilled storage area of less than 3,000 square feet (excluding products
designed and marketed exclusively for medical, scientific, or research
purposes). 10 CFR 431.302.
DOE defines a ``unit cooler'' as an assembly, including means for
forced air circulation and elements by which heat is transferred from
air to refrigerant, thus cooling the air, without any element external
to the cooler imposing air resistance. A unit cooler is a refrigeration
system, which DOE defines as the mechanism (including all controls and
other components integral to the system's operation) used to create the
refrigerated environment in the interior of a walk-in cooler or walk-in
freezer, consisting of: (1) A dedicated condensing refrigeration system
(as defined in 10 CFR 431.302); or (2) A unit cooler.
This NOPR addresses the test procedure only for hot gas defrost
unit coolers. DOE has initially determined that for hot gas defrost
unit coolers, the current DOE test procedure provides results that are
not essentially the same as the test procedure for units with electric
defrost as intended in the December 2016 Final Rule. As a result, it
would not be possible for certain hot gas defrost unit coolers to
comply with the energy conservation standards set to take effect on
July 10, 2020.
B. Revision of the Calculation of Defrost Energy and Heat Contribution
for Hot Gas Defrost Unit Coolers Tested Alone
DOE was informed by manufacturers and AHRI in 2019 that the test
method for addressing hot gas defrost unit coolers does not provide
results appropriately comparable with the results obtained under the
method prescribed for electric defrost unit coolers, and likely are not
appropriately comparable for determining compliance with the energy
conservation standards. As a result, hot gas defrost unit coolers above
a certain capacity will likely not be able to comply with the energy
conservation standards for which compliance is required beginning July
10, 2020.
As discussed in section I.B, hot gas defrost provides efficiency
benefits compared with electric defrost by using refrigerant to
transfer heat from the walk-in exterior, the compressor, and/or a
thermal storage component that stores heat generated during the
compressor on-cycle as opposed to using electric resistance coils for
defrosting.
Table 1 below compares hypothetical best-case AWEF values (assuming
the unit cooler fans draw zero power, an impossible situation) and AWEF
values assuming representative fan wattages calculated for unit coolers
of different gross capacity levels \13\ using the method prescribed in
Appendix C of the current test procedure using the defrost energy and
heat load values in the current test procedure--these are the same
values as used to represent electric defrost energy and heat values for
determination of AWEF for condensing units tested alone. The zero-fan-
watt AWEF levels are higher than would be achieved by max-tech unit
coolers, since the calculations were done assuming that the unit cooler
fans consume zero energy for illustrative purposes.
---------------------------------------------------------------------------
\13\ Gross capacity is the cooling delivered by the refrigerant
passing through the unit cooler evaporator. Net capacity or cooling
effect is less than this value by an amount equal to the heat of the
fans (i.e., fan input power in Watts converted to heat in Btu/h by
multiplying by 3.412) used to circulate air through the unit cooler.
---------------------------------------------------------------------------
The hypothetical AWEF values were calculated as follows. Energy
contributions included in the AWEF calculation for this case include
the compressor energy and the defrost energy. The compressor energy is
calculated as the unit cooler gross capacity, divided by a compressor
system EER prescribed in Table 17 of AHRI 1250-2009 for low-temperature
unit coolers (i.e., EER = 6.7) multiplied by a load factor representing
percentage compressor run time. The load factor is equal to walk-in
enclosure thermal load plus the average per-hour defrost heat
contribution divided by the unit cooler's net capacity. In this
calculation, higher defrost energy and heat load both reduce AWEF; a
higher AWEF value indicates more efficient performance. The
calculations indicate that, for unit coolers above a certain capacity--
even for the hypothetical impossible zero-fan-watt scenario, using the
default defrost energy and heat load values results in a
[[Page 60729]]
measured AWEF lower than the low-temperature unit cooler minimum
standard for which compliance will be required on July 10, 2020.
Table 1--Hot Gas Defrost Unit Cooler AWEF
----------------------------------------------------------------------------------------------------------------
AWEF \1\ (Btu/W-h)
----------------------------------------------------- Minimum AWEF
Gross capacity (Btu/h) Assuming fan power correlations of standard \2\ (Btu/
Assuming zero AHRI 1250-2020, equation 173 in W-h)
fan power section 7.9.3.3 \1\
----------------------------------------------------------------------------------------------------------------
10,000.................................. 5.08 4.30 4.07
17,500.................................. 4.65 4.15 4.15
50,000.................................. 4.49 3.83 4.15
100,000................................. 4.21 3.51 4.15
114,300................................. 4.15 3.45 4.15
150,000................................. 4.03 3.35 4.15
200,000................................. 3.91 3.23 4.15
----------------------------------------------------------------------------------------------------------------
\1\ These correlations, representative of freezer unit cooler evaporator fan power, are used in the test method
prescribed in AHRI 1250-2020 for freezer condensing units tested alone.
\2\ Unit Cooler--Low, 10 CFR 431.306(e).
As mentioned, the DOE test procedure determines the AWEF of hot gas
defrost unit coolers by using the default electric defrost energy use
and heat load values from the test procedure provisions applicable to
condensing units tested alone. Appendix C Sections 3.5.2, 3.4.2.4, and
3.4.2.5. In April 2020, AHRI published an updated version of its AHRI
1250 test standard (``AHRI 1250-2020'') that revised the values for
electric defrost energy use and heat contributions to apply when
testing condensing units that are tested alone (see section C10.2.2 in
Appendix C of AHRI 1250-2020). In part, AHRI based the update on
testing a sample of unit coolers having electric defrost. Although the
updated values specified in AHRI 1250-2020 are expressed as average
per-hour contributions rather than daily contributions, they can be
converted to daily contributions (by multiplying by 24) for comparison
with the current DOE test procedure values. As expressed in daily
values, the values based on AHRI 1250-2020 are significantly lower than
the values in the current DOE test procedure, as indicated in Table 2.
Table 2--Comparison of Unit Cooler Default Electric Defrost Energy and Heat Load Between Current DOE Test
Procedure and AHRI 1250-2020
----------------------------------------------------------------------------------------------------------------
Daily defrost energy use, DF (Wh) Daily defrost heat load, QDF
----------------------------------- (Btu)
Gross capacity (Btu/h) ----------------------------------
Current DOE test AHRI 1250-2020 Current DOE test
procedure * procedure * AHRI 1250-2020
----------------------------------------------------------------------------------------------------------------
10,000.................................... 4,088 2,400 13,300 7,800
50,000.................................... 31,600 10,400 102,300 33,600
100,000................................... 76,100 18,000 247,000 58,500
150,000................................... 128,00 27,000 413,000 87,600
200,000................................... 184,000 36,000 595,000 117,000
----------------------------------------------------------------------------------------------------------------
* See Appendix C, Sections 3.4.2.4 and 3.4.2.5. Applicable for hot gas defrost unit coolers as required in
Appendix C, Section 3.5.2.
DOE notes that the AHRI 1250-2020 revisions also include
correlations for the energy use and heat load associated with hot gas
defrost. These values were based on testing of units with hot gas
defrost. However, DOE is proposing to use the correlations developed
for electric defrost rather than hot gas defrost, to achieve
consistency between ratings of hot gas and electric defrost unit
coolers, as intended by the December 2016 Final Rule.
DOE has initially determined that the equations in AHRI 1250-2020
section C10.2.2 provide better representation of electric defrost
energy use and heat load than those in the current DOE test procedure
in Appendix C, sections 3.4.2.4 and 3.4.2.5 and hence would provide
better equivalence of a hot gas unit cooler's performance rating with
that of an otherwise similar electric defrost unit cooler, regardless
of gross capacity. The default electric defrost energy and heat values
in the DOE test procedure were validated based on testing with unit
coolers of a more limited range of capacity than the sample tested by
AHRI. DOE testing to evaluate the electric defrost correlations is
summarized in the Sept. 30/Oct. 1, 2015 Working Group presentation
(Docket EERE-2015-BT-STD-0016, No. 0007 at p. 31), which reports
testing of refrigeration systems with measured gross capacity up to
18,100 Btu/h. The default electric defrost energy and heat values
provided in AHRI 1250-2020 were based on a test program measuring
performance of a range of capacities of unit coolers that included unit
coolers of higher capacity than tested by DOE in development of the DOE
test procedure (i.e., the AHRI sample included unit coolers with
capacities greater than 18,000 Btu/h). DOE has initially determined
that, because of the more robust sample, the AHRI 1250-2020 values
provide the best available representation of electric defrost energy
consumption associated with unit cooler defrost and thus are more
appropriate to use to provide equivalence between performance
representations between hot gas defrost and electric defrost unit
coolers. Hence, DOE is proposing to revise its test procedure for hot
gas defrost low-temperature unit coolers to use the AHRI 1250-2020
equations to provide more equivalent test results between
[[Page 60730]]
electric and hot gas defrost unit coolers.\14\
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\14\ DOE has not identified an analogous issue with the use of
hot gas defrost default values when testing condensing units tested
alone that use hot gas defrost. The condensing unit test procedure
provisions require use of the same defrost default values that were
used to develop the energy conservation standards for which
compliance is required on July 10, 2020.
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The proposed revisions would be made to the test procedure for
walk-in freezer refrigeration systems prescribed by DOE in Appendix C.
If made final, the proposal would add section 3.5.3 specifically for
hot gas defrost unit coolers, which relies on the defrost energy and
heat equations from AHRI 1250-2020.
DOE requests comment on its proposal to revise the test procedure
for hot gas defrost unit coolers by revising the equations used to
calculate energy and heat contributions for defrost consistent with
those specified in AHRI 1250-2020 in Section C10.2.2 of Appendix C for
electric defrost.
C. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. In this NOPR, DOE proposes to amend the existing
test procedure for walk-in freezers by revising the calculations used
to determine representations for hot gas defrost unit coolers when
tested alone. If finalized, this test procedure would impact only WICF
refrigeration systems that are hot gas defrost unit coolers. DOE has
tentatively determined that the proposed amendment would not add any
burden to manufacturers to conduct the test procedure for this
equipment since the proposal would require only a mathematical change
to the measured results and would not require any additional testing or
re-testing on the part of manufacturers.
2. Harmonization With Industry Standards
DOE's established practice is to adopt relevant industry standards
as DOE test procedures unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle. 10 CFR 431.4; 10 CFR part 430, subpart C, appendix
A, section 8(c). In cases where the industry standard does not meet the
relevant statutory criteria, DOE will make needed modifications to
these standards through rulemaking to ensure that the test procedure
being adopted satisfies these criteria. Id.
DOE is proposing to adopt the method for determining the energy use
attributable to hot gas defrost in unit coolers as detailed in AHRI
1250-2020, which is the updated version of the industry test procedure
generally incorporated by reference in Appendix C. To address the
determination of AWEF for hot gas defrost unit coolers as discussed in
this NOPR, DOE is focusing this proposal on updating the Federal test
procedure consistent with AHRI 1250-2020 only in this context. DOE may
undertake a separate evaluation of whether amendments to the WICF test
procedure are necessary more generally, and would as part of that
evaluation consider whether the existing reference to AHRI 1250 should
be updated to the 2020 version.
D. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6314(d)(1)) Manufacturers do, however, have the
option to use the amended test procedure prior to that time.
If DOE were to publish an amended test procedure, 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. 6314(d)(2)) 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.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this test procedure rulemakings does not constitute a ``significant
regulatory action'' under section 3(f) of Executive Order (``E.O.'')
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
Order by the Office of Information and Regulatory Affairs (``OIRA'') in
OMB.
B. Review Under Executive Orders 13771 and 13777
On January 30, 2017, the President issued E.O. 13771, ``Reducing
Regulation and Controlling Regulatory Costs.'' See 82 FR 9339 (Feb. 3,
2017). 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.'' 82 FR 12285 (March
1, 2017). 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 the 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 have no cost impact. Therefore, if finalized as proposed,
this rule is expected to be an E.O. 13771 other action.
[[Page 60731]]
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 (August 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: https://energy.gov/gc/office-general-counsel.
The proposed change to the test procedure would have no cost
impact. As discussed, the proposed rule, if finalized, would require
use of a different calculation to determine the AWEF for hot gas
defrost unit coolers. The proposed amendment would not require
additional testing or retesting.
Therefore, DOE initially concludes that the impacts of the proposed
test procedure amendments 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).
D. Review Under the Paperwork Reduction Act of 1995
Manufacturers of WICFs 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 walk-in coolers
and freezers. (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.
The amendment proposed in this NOPR, if made final would not impact
the reporting burden for manufacturers of WICFs.
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
equipment 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 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
[[Page 60732]]
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 https://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 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is 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 proposed 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 to amend the test procedure for
measuring the energy efficiency of walk-in coolers and freezers is not
a significant regulatory action under Executive Order 12866. Moreover,
it would not have a significant adverse effect on the supply,
distribution, or use of energy, nor has it been designated as a
significant energy action by the Administrator of OIRA. Therefore, it
is not a significant energy action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.
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.
V. Public Participation
A. Participation in the Webinar
The time and date for the webinar are listed in the DATES section
at the beginning of this document. 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=56&action=viewlive. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
B. 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 document.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization
[[Page 60733]]
names, correspondence containing comments, and any documents submitted
with the comments.
Do not submit to https://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 https://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 https://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 https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://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 postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No 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. Pursuant 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/courier 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.
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).
C. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its proposal to revise the test
procedure for hot gas defrost unit coolers by revising the equations
used to calculate energy and heat contributions for defrost consistent
with those specified for electric defrost in in Section C10.2.2 of
Appendix C of AHRI 1250-2020. If such revision is not appropriate, DOE
requests information and data that would inform development of a more
suitable set of equations to represent defrost to allow equivalent
ratings for hot gas and electric defrost unit coolers.
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 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Incorporation by
reference, and Reporting and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on August 31,
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on August 31, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 431 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 431--ENERGY CONSERVATION PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Appendix C to subpart R of part 431 is amended by revising section
3.5.2 and adding new section 3.5.3 to read as follows:
Appendix C to Subpart R of Part 431--Uniform Test Method for the
Measurement of Net Capacity and AWEF of Walk-In Cooler and Walk-In
Freezer Refrigeration Systems
* * * * *
3.5.2 Hot Gas Defrost Matched Systems and Single-package
Dedicated Systems: Test these units as described in section 3.3 of
this appendix for electric defrost matched systems and single-
package dedicated systems, but do not conduct defrost tests as
described in sections 3.3.4 and 3.3.5 of this appendix. Calculate
daily defrost energy use as described in section 3.4.2.4 of this
appendix. Calculate daily defrost heat contribution as described in
section 3.4.2.5 of this appendix.
3.5.3 Hot Gas Defrost Unit Coolers Tested Alone: Test these
units as described in section 3.3 of this appendix for electric
defrost unit coolers tested alone, but do not
[[Page 60734]]
conduct defrost tests as described in sections 3.3.4 and 3.3.5 of
this appendix. Calculate average defrost heat load QDF, expressed in
Btu/h, as follows:
[GRAPHIC] [TIFF OMITTED] TP28SE20.000
[FR Doc. 2020-19565 Filed 9-25-20; 8:45 am]
BILLING CODE 6450-01-P
