Energy Conservation Program: Test Procedure for Walk-In Coolers and Walk-In Freezers, 16027-16036 [2021-05414]
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Rules and Regulations
Federal Register
Vol. 86, No. 57
Friday, March 26, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
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: Final rule.
AGENCY:
This final rule amends the
current test procedure for hot gas defrost
unit coolers by making it consistent
with a recent update to the industry
testing standard that is incorporated by
reference in the relevant Federal test
procedure for walk-in freezer
refrigeration systems. This final rule
updates the equations used to calculate
defrost energy and heat contributions
applicable to these systems to provide a
consistent performance evaluation
between hot gas defrost and electric
defrost unit coolers when tested alone.
DATES: The effective date of this rule
April 26, 2021. The final rule changes
will be mandatory for product testing
starting September 22, 2021.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
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.
A link to the docket web page can be
found at https://beta.regulations.gov/
search/docket?filter=%20EERE-2020BT-TP-0016. The docket web page
contains instructions on how to access
all documents, including public
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SUMMARY:
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comments, in the docket. For further
information on how to review the
docket contact the Appliance and
Equipment Standards Program staff at
(202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, EE–2J,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 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.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Calculation of Defrost Energy and Heat
Contribution for Hot Gas Defrost Unit
Coolers Tested Alone
C. Effective and Compliance Dates
D. Test Procedure Costs, Harmonization,
and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Orders 13771
and 13777
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act of 1995
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal
Energy Administration Act of 1974
N. Congressional Notification
V. 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
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the list of ‘‘covered equipment’’ for
which the U.S. Department of Energy
(‘‘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’’). The
following sections discuss DOE’s
authority to establish test procedures for
walk-ins and relevant background
information regarding DOE’s
consideration of the procedures in
Appendix C relevant to hot gas defrost
unit coolers.
A. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 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 2 of EPCA,
added by Public Law 95–619, title IV,
§ 441(a), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. 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
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).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A–1.
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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
the test procedures for covered
equipment. EPCA requires that any test
procedures prescribed or amended
under this section shall be reasonably
designed to produce test results that
reflect the energy efficiency, energy use
or estimated annual operating cost of a
given type of covered equipment during
a representative average use cycle (as
determined by the Secretary) and shall
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
requires that DOE establish test
procedures to measure walk-in energy
use. (42 U.S.C. 6314(a)(9)(B)(i)) DOE
satisfied this requirement when it first
established test procedures for this
equipment in 2011. See generally, 76 FR
21580 (April 15, 2011) (final rule
establishing test procedures for walk-in
equipment). See also 10 CFR 431.304
and 10 CFR part 431, subpart R,
appendices A through C.
If DOE determines that a test
procedure amendment is warranted, it
must publish a proposed test procedure
and offer the public an opportunity to
present oral and written comments on
it. (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
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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)) In
addition, 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))
DOE is publishing this final rule in
satisfaction of its obligations specified
in EPCA. (42 U.S.C. 6314(a))
B. Background
On May 13, 2014, DOE published a
test procedure final rule (‘‘May 2014
final rule’’) that accommodated testing
of complete refrigeration systems and
for 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,3
which is installed inside a walk-in
enclosure, and a condensing unit,4
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 by 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
3 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.
4 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.
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for the appropriate adjusted dew point
temperature in Table 17 of Air
Conditioning, Heating, and Refrigeration
Institute (‘‘AHRI’’) Standard 1250–2009
(‘‘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),5 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 lowtemperature refrigeration systems, the
energy use and heat load associated
with defrost.6 See 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 annual energy walk-in factor
(‘‘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 to the
evaporator. That heat may be transferred
from the ambient air outside the walkin, but heat for defrosting can also be
transferred from the compressor or a
thermal storage component that stores
heat generated during the compressor
on-cycle. DOE notes that, unlike 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.,
5 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.
6 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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matched pairs) and see
§ 431.303(c)(12)(ii) as finalized in the
May 2014 final rule for condensing
units). 79 FR 27388, 27413–27414.7 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 defrost unit coolers and
condensing units tested alone that use
hot gas defrost. (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.’’)
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 removal of the performance
credit for hot gas defrost systems. As
established in the December 2016 final
rule, a hot gas defrost condensing unit
is tested without measuring the impacts
of the hot gas defrost feature, and that
feature will not affect the measured
efficiency either positively or
negatively. See id. In that sense, the test
procedure for condensing units with hot
gas defrost is the same as the test
procedure for units with electric defrost.
Id. These amendments had their initial
origins as part of rulemaking
negotiations 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).
DOE assigned 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. The default electric
defrost energy and heat values were
validated by testing unit coolers with
measured gross capacity up to 18,000
Btu/h.8 The approach adopted in the
December 2016 final rule remains the
current test method for addressing hot
gas defrost.
Relatedly, DOE published a final rule
on July 10, 2017, that adopted energy
conservation standards for WICFs. 82
FR 31808 (‘‘July 2017 final rule’’). The
analysis supporting the development of
these standards considered only electric
defrost walk-in refrigeration systems.
Compliance with the amended energy
conservation standards established in
the July 2017 final rule has been
required beginning July 10, 2020. Id.
In general, the current DOE test
procedure requires testing of WICF
refrigeration systems to be conducted
pursuant to AHRI 1250–2009, with
certain clarifications and modifications.
Section 3.0 of Appendix C. Since the
December 2016 final rule, AHRI has
published a revised version of the 1250
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standard, AHRI 1250–2020. AHRI 1250–
2020 includes revised equations for
calculation of the default electric defrost
energy and heat load for condensing
units tested alone, which are
significantly less than the values in
Appendix C. AHRI notified DOE on May
21, 2020 that some high-capacity hot gas
defrost units might not comply with the
energy conservation standards for which
compliance has been required since July
10, 2020.9
DOE published a notice of proposed
rulemaking (‘‘NOPR’’) on September 28,
2020, in which DOE proposed to amend
the WICF test procedure to revise the
defrost energy and heat contribution
values for hot gas defrost unit coolers.
85 FR 60724 (‘‘September 2020 NOPR’’).
DOE held a public meeting via webinar
related to this NOPR on October 2, 2020.
That proposal serves as the basis for this
final rule.
II. Synopsis of the Final Rule
This final rule amends section 3.5 of
Appendix C of the current test
procedure, which assigns defrost energy
and heat contribution values for hot gas
defrost unit coolers tested alone, 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).10
Table II.1 summarizes the adopted
amendments, compares the
amendments to the current test
procedure, and states the reason for the
adopted change.
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TABLE II.1—SUMMARY OF CHANGES IN THE AMENDED TEST PROCEDURE
Current DOE test procedure
Amended test procedure
Attribution
Defrost energy and heat contribution for hot gas defrost
unit coolers 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
from section C10.2.2 in Appendix C of AHRI 1250–
2020.
Industry Test Procedure update.
DOE has determined that the narrow
amendments described in section III and
adopted in this final rule would better
evaluate the measured efficiency of the
walk-in refrigeration system equipment
using hot gas defrost compared to the
current procedure, and that this narrow
amendment will not cause the test
procedure to be unduly burdensome to
conduct. Discussion of DOE’s actions
are addressed in detail in section III of
this document.
The effective date for the amended
test procedures adopted in this final
rule is 30 days after publication of this
document in the Federal Register.
Representations of energy use or energy
efficiency must be based on testing in
accordance with the amended test
procedures beginning 180 days after the
publication of this final rule. (See 42
U.S.C. 6314(d))
7 These requirements were later removed in a test
procedure final rule published on December 28,
2016. 81 FR 95758, 95774–95777.
8 See Docket EERE–2015–BT–STD–0016, No.
0007 at p. 31.
9 Available at https://regulations.gov/comment/
EERE-2020-BT-TP-0016-0007.
10 DOE modified equation C49 by removing the
divisor of 1.0 to simplify the equation. This change
does not affect the result.
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III. Discussion
The following sections describe the
scope of equipment for which this final
rule applies, the calculations that
support this final rule, and effective
compliance dates. DOE received
comments in response to the September
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2020 NOPR from the interested parties
listed in Table III.1.
TABLE III.1—SEPTEMBER 2020 NOPR WRITTEN COMMENTS
Commenter(s)
Reference in this
final rule
Air-Conditioning, Heating & Refrigeration Institute .................................................
California Investor-Owned Utilities ..........................................................................
Northwest Energy Efficiency Alliance .....................................................................
People’s Republic of China .....................................................................................
AHRI ......................
CA IOUs ................
NEEA .....................
PRC .......................
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.11 The comments received
and DOE’s decisions regarding
finalization of the test procedure
amendments are discussed in the
sections that follow.
A. Scope of Applicability
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In this final rule, DOE is amending
the test procedure for hot gas defrost
unit coolers only.
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
11 The parenthetical reference provides a
reference for information located in the docket of
DOE’s rulemaking to amend the WICF test
procedure. (Docket No. EERE–2020–BT–TP–0016,
which is maintained at https://www.regulations.gov/
#!docketDetail;D=EERE-2020-BT-TP-0016). The
references are arranged as follows: (Commenter
name, comment docket ID number, page of that
document).
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defined in 10 CFR 431.302); or (2) a unit
cooler.
DOE has determined that its current
test procedure provides results that are
not essentially the same for hot gas
defrost unit coolers and electric defrost
unit coolers, as intended in the
December 2016 final rule. As a result,
not only might the values from using the
procedure’s calculations be
unrepresentative, but it may not be
possible for certain hot gas defrost unit
coolers to comply with the applicable
energy conservation standards using the
current test procedure’s default
calculations.
B. Calculation of Defrost Energy and
Heat Contribution for Hot Gas Defrost
Unit Coolers Tested Alone
As discussed in the September 2020
NOPR, certain manufacturers and AHRI
informed DOE that the test method for
hot gas defrost unit coolers does not
provide results that are comparable to
the results for electric defrost unit
coolers. 85 FR 60724, 60728. As such,
hot gas defrost unit coolers above a
certain capacity may, when tested under
the current procedure, produce
unrepresentative values and have
difficulty demonstrating compliance
with the relevant standards. As
discussed, 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 for condensing
units tested alone. Appendix C Sections
3.5.2, 3.4.2.4, and 3.4.2.5.
Using the defrost energy and heat load
values in the test method prescribed in
Appendix C of the current test
procedure, Table III.2 compares
hypothetical, best-case AWEF values
assuming the unit cooler fans draw zero
power (an impossible situation) and
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Commenter type
Trade Association.
Utility.
Efficiency Organization.
Country Official/Agency.
AWEF values using representative unit
cooler fan wattages at different gross
capacity levels.12 These are the same
values used to represent electric defrost
energy and heat values for determining
the 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.
Hypothetical AWEF values were
calculated as follows. Energy
contributions included in the AWEF
calculation for this case include
compressor energy and defrost energy.
The compressor energy is calculated as
the unit cooler gross capacity, divided
by a compressor system EER value
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 the 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
values both reduce AWEF, with a higher
AWEF value indicating more efficient
performance. For unit coolers above a
certain capacity—even for the
hypothetical, impossible zero-fan-watt
scenario—using the current default
defrost energy and heat load values
results in a lower AWEF than the
current low-temperature unit cooler
minimum standard.
12 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.
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TABLE III.2—HOT GAS DEFROST UNIT COOLER AWEF
AWEF
calculated
using
fan power
correlations
from AHRI
1250–2020
(Btu/W-h) *
AWEF
calculated
assuming
zero fan
power
(Btu/W-h)
Gross capacity (Btu/h)
10,000 ..........................................................................................................................................
17,500 ..........................................................................................................................................
50,000 ..........................................................................................................................................
100,000 ........................................................................................................................................
114,300 ........................................................................................................................................
150,000 ........................................................................................................................................
200,000 ........................................................................................................................................
5.08
4.65
4.49
4.21
4.15
4.03
3.91
Minimum
AWEF
standard
(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
* Equation 173 in section 7.9.3.3. These correlations are representative for low temperature unit cooler evaporator fan power and are used in
the test method prescribed in AHRI 1250–2020 for low temperature condensing units tested alone.
** Unit Cooler—Low, 10 CFR 431.306(e).
partly based on testing using a sample
of unit coolers equipped with 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
In April 2020, AHRI published an
updated version of its AHRI 1250 test
standard that revised the values for
electric defrost energy use and heat
contribution to apply when testing
condensing units that are tested alone
(see section C10.2.2 in Appendix C of
AHRI 1250–2020). That update was
24) for comparison with the current
DOE test procedure values. The daily
values determined using AHRI 1250–
2020 are significantly lower than those
in the current DOE test procedure, as
indicated in Table III.3.
TABLE III.3—COMPARISON OF UNIT COOLER DEFAULT ELECTRIC DEFROST ENERGY AND HEAT LOAD BETWEEN CURRENT
DOE TEST PROCEDURE AND THIS FINAL RULE
Daily defrost
energy use,
DF (Wh)
current DOE
test
procedure *
Gross capacity (Btu/h)
10,000 ..............................................................................................................
50,000 ..............................................................................................................
100,000 ............................................................................................................
150,000 ............................................................................................................
200,000 ............................................................................................................
4,088
31,600
76,100
128,000
184,000
Daily defrost
energy use,
DF (Wh)
2020 Final
Rule
Daily defrost
heat load, QDF
(Btu) current
DOE test
procedure *
Daily defrost
heat load, QDF
(Btu) 2020
Final Rule
13,300
102,300
247,000
413,000
595,000
7,800
33,600
58,500
87,600
117,000
2,400
10,400
18,000
27,000
36,000
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* 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.
As explained in the September 2020
NOPR, the AHRI 1250–2020 update also
includes correlations for the energy use
and heat load associated with hot gas
defrost. These values were based on the
testing of units with hot gas defrost.
However, as also explained in the
NOPR, DOE proposed to use the
correlations developed for electric
defrost rather than hot gas defrost, to
achieve consistency between the ratings
for hot gas and electric defrost unit
coolers—which was the intent of the
December 2016 Final Rule. Id.
DOE proposed 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 Appendix C, Section
C10.2.2 of AHRI 1250–2020.
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Comments from AHRI supported
DOE’s approach to revise its test
procedure for hot gas defrost unit
coolers (AHRI, No. 6, p. 2). The CA
IOUs supported the proposal as a shortterm resolution to the issue with hot gas
defrost unit coolers, since the current
test procedure likely overestimates
defrost load, particularly for higher
capacity hot gas defrost unit coolers (CA
IOUs, No. 4, p. 2).
In its comments, the PRC noted that
defrosting using waste heat is more
efficient than electric defrost and
therefore DOE should not exclude hot
gas defrost systems from the scope of
the test (PRC, No. 3, p. 3) DOE
understands the term ‘‘waste heat,’’ in
this case, to mean hot gas defrost. DOE
wishes to emphasize that it is
maintaining the provisions to address
hot gas defrost and that hot gas defrost
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unit coolers continue to be within the
scope of Appendix C and required to
comply with the relevant standards in
10 CFR 431.306.
NEEA recommended that DOE update
the calculations for electric defrost unit
coolers to be consistent with AHRI
1250–2020 to maintain consistency
between hot gas defrost and electric
defrost unit coolers (NEEA, No. 5, p. 5).
DOE notes that defrost energy use for
unit coolers with electric defrost is
determined through testing using
section 3.3.4 of Appendix C, which
references section C11 of AHRI 1250–
2009. As specified in section C11 of
AHRI 1250–2009, the electric defrost
unit cooler is operated at dry coil
conditions until stable, at which point
a defrost is initiated and the energy
input and duration is measured. Defrost
capabilities are built into electric defrost
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unit coolers, e.g., a coil heater is
integrated into the evaporator coil and
a pan heater is provided for the pan.
The power source to activate these
heaters for a laboratory test is the same
power source used to operate the unit
cooler fans to measure capacity. Hot gas
defrost unit coolers cannot be tested in
this way because the heat source
necessary to achieve defrost is not
incorporated into the equipment.
Therefore, while default values are
needed for hot gas defrost unit coolers,
they are not needed for electric defrost
unit coolers, as the energy use
associated with the electric defrost is
measured in the test method.
DOE received several comments
urging it to conduct a more
comprehensive rulemaking that fully
addresses recommendations from the
2016 Working Group. As noted earlier,
the CA IOUs supported the proposed
amendments as a short-term measure;
however, they encouraged DOE to
address more fully the
recommendations from the 2015
Working Group in a future rulemaking
(CA IOUs, No. 4, p. 2). NEEA also urged
DOE to expand the scope of the current
walk-in test procedure revisions to
address more fully the
recommendations from the ASRAC
working group, specifically
recommendation 6 (NEEA, No. 5, p. 5).
Additionally, the PRC suggested that
DOE include modifications to the test to
improve its ability to evaluate systems
that utilize hot gas defrost (PRC, No. 3,
p. 3).
DOE notes that Working Group
Recommendation No. 6 includes
incorporating off-cycle power
consumption, rating variable-capacity
condensing units, and developing a
method for measuring hot gas defrost
and adaptive defrost energy
consumption. See Docket No. EERE–
2015–BT–STD–0016, No. 56 at p. 3
(ASRAC Term Sheet, Recommendation
No. 6—Future Test Procedure
Recommendations. See also 81 FR
95758, 95761 (discussing ASRAC
recommendations). As recognized by
NEEA, additional changes to the DOE
test procedure in response to Working
Group Recommendation No. 6 would
necessitate an evaluation of whether any
such changes would impact compliance
with the energy consumption standards
for walk-ins (NEEA, No. 5, p. 3). DOE
will continue to evaluate the Working
Group recommendations and address
additional changes as may be needed in
a separate rulemaking.
NEEA encouraged DOE to conduct
further analysis into AHRI 1250–2020 to
understand if it appropriately addresses
the Working Group recommendations.
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(NEEA, No. 5, p. 3) The CA IOUs
commented that the equations in the
DOE test procedure should align with
the equations in AHRI 1250–2020,
especially where a separate equation for
electric defrost and hot gas defrost is
used. (CA IOUs, No. 4, p. 3) DOE agrees
that a full analysis of AHRI 1250–2020
is necessary to both evaluate its
consistency with the 2015 Working
Group recommendations, and to better
understand how updated test
requirements may impact the energy
conservations standards. However, DOE
wishes to emphasize that the purpose of
this rule is to revise the test procedure
for hot gas defrost unit coolers only and
addressing these other issues would be
part of a future rulemaking.
Finally, NEEA suggests that DOE
consider incorporating a cyclic test
procedure for walk-in refrigeration
systems (NEEA, No. 5, p. 3). According
to NEEA, a test procedure with multiple
refrigeration cycles and varying load
conditions would more accurately
represent the period of use for walk-in
refrigeration systems. (NEEA, No. 5, p.
3). DOE appreciates the comment and
will consider it in a future test
procedure rulemaking, should one be
initiated.
As stated in the September 2020
NOPR, DOE limited the scope of the
proposal to expediently address how to
test a hot gas defrost unit cooler and to
resolve potential compliance issues
under the energy conservation standards
that currently apply. 85 FR 60724,
60724.
DOE has determined that the
equations in AHRI 1250–2020 section
C10.2.2 provide better representations of
electric defrost energy use and heat load
than those in the current DOE test
procedure (Appendix C, sections 3.4.2.4
and 3.4.2.5) and hence will provide
better equivalence of a hot gas defrost
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 current
DOE test procedure were validated by
testing unit coolers with measured gross
capacity up to 18,000 Btu/h,
representing a more limited range of
capacity than the sample tested by
AHRI.13 The default electric defrost
energy and heat values provided in
AHRI 1250–2020 are based on
measuring the performance of a range of
unit coolers, some with capacities
greater than 18,000 Btu/h. Because of
the greater capacity range tested in
support of AHRI 1250–2020
13 See Docket EERE–2015–BT–STD–0016, No.
0007 at p. 31.
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development, DOE has determined that
these values provide both the best
available representation of electric
defrost energy consumption associated
with unit cooler defrost and better
performance equivalence between hot
gas defrost and electric defrost unit
coolers than Appendix C. Hence, DOE is
revising 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 electric and hot gas defrost unit
coolers.14
Based on the discussion presented in
this final rule and in the September
2020 NOPR, DOE is modifying its test
procedure for hot gas defrost unit
coolers to use the defrost energy and
heat equations from AHRI 1250–2020
when calculating AWEF.
C. Effective and Compliance Dates
The effective date for the adopted test
procedure amendment will be 30 days
after publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the 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.
EPCA provides that individual
manufacturers may petition DOE for an
extension of the 180-day period if the
manufacturer will experience undue
hardship in meeting the deadline. (42
U.S.C. 6314(d)(2)) To receive
consideration, 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.)
D. Test Procedure Costs, Harmonization,
and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures
adopted by DOE not be unduly
burdensome to conduct. In this
document, DOE amends the existing test
procedure for walk-in hot gas defrost
unit coolers tested alone by revising the
calculations used to determine daily
defrost energy and heat contribution.
DOE has determined that the
amendment will not add any burden to
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
requires the same defrost default values that were
used to develop the current energy conservation
standards.
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manufacturers to conduct the test
procedure for this equipment since the
amendment requires only a
mathematical change to the measured
results and does 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. See 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 adopting 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
final rule, DOE is updating the Federal
test procedure consistent with AHRI
1250–2020 only in this context. As
stated in the September 2020 NOPR,
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 1250–2009 at
10 CFR 431.303 should be updated to
the 2020 version.
IV. Procedural Issues and Regulatory
Review
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A. Review Under Executive Order 12866
The Office of Management and Budget
(‘‘OMB’’) has determined that this test
procedure rulemaking does not
constitute ‘‘significant regulatory
actions’’ 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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16033
B. Review Under Executive Orders
13771 and 13777
C. Review Under the Regulatory
Flexibility Act
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 concludes that this rulemaking is
consistent with the directives set forth
in these executive orders. This final rule
is estimated to have no cost impact.
Therefore, this final rule is an E.O.
13771 ‘‘other’’ action.
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(‘‘FRFA’’) for any final rule where the
agency was first required by law to
publish a proposed rule 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.
As presented in this final rule, the
adopted change to the test procedure
will have no cost impact. As discussed,
the final rule requires use of a revised
calculation to determine the AWEF for
hot gas defrost unit coolers. The
adopted amendment does not require
additional testing or retesting.
Therefore, DOE concludes that the
cost effects accruing from the final rule
would not have a ‘‘significant economic
impact on a substantial number of small
entities,’’ and that the preparation of a
FRFA is not warranted. DOE has
submitted a 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).
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D. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of walk-in coolers and
walk-in freezers 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 walkins. (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
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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 adopted in this final
rule does not impact the reporting
burden for manufacturers of WICFs.
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E. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act of 1969
(‘‘NEPA’’), DOE has analyzed this
proposed action in accordance with
NEPA and DOE’s NEPA implementing
regulations (10 CFR part 1021). DOE has
determined that this rule qualifies for
categorical exclusion under 10 CFR part
1021, subpart D, Appendix A5 because
it is an interpretive rulemaking that
does not change the environmental
effect of the rule and meets the
requirements for application of a CX.
See 10 CFR 1021.410. Therefore, DOE
has determined that promulgation of
this rule is not a major Federal action
significantly affecting the quality of the
human environment within the meaning
of NEPA and does not require an EA or
EIS.
F. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. 65 FR 13735. DOE
examined this final rule and determined
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that it will not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of this final 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, this final 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
regulatory action resulting in a rule that
may cause the expenditure by State,
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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 final rule according
to the 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
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will 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
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each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at https://www.energy.gov/
sites/prod/files/2019/12/f70/
DOE%20Final%20Updated%
20IQA%20
Guidelines%20Dec%202019.pdf. DOE
has reviewed this final rule under the
OMB and DOE guidelines and has
concluded that it is consistent with
applicable policies in those guidelines.
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
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 significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action 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.
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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
VerDate Sep<11>2014
16:24 Mar 25, 2021
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Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The amendment to the test procedures
for walk-ins adopted in this final rule
does not incorporate any new industry
standard that would require compliance
under section 32(b) of the FEAA. The
amendment adopted in this final rule is
based on calculations specified in AHRI
1250–2020, but the regulation as
amended does not require the use of
AHRI 1250–2020. Nevertheless, DOE
consulted with both the Department of
Justice and the FTC on the proposed
rule. Neither agency had comments or
concerns regarding the rulemaking.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation test
procedures, and Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of
Energy was signed on March 7, 2021, by
Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for 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
PO 00000
Frm 00009
Fmt 4700
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16035
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 March 11,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends part 431 of
chapter II of title 10, Code of Federal
Regulations as set forth below:
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 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 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 * * *
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 conduct defrost tests
as described in sections 3.3.4 and 3.3.5
of this appendix. Calculate average
˙ DF, expressed in Btu/
defrost heat load Q
h, as follows:
BILLING CODE 6450–01–P
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16036
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations
If Qgross :S 25,000 Btu/h:
= 0.195 X Qgross X N~F
QDF
If Qgross > 25,000 Btu/hand
Qgross :S 70,000 Btu/h:
Q.DF = Q. gross
If Qgross
X
[o .19 5 -
0.049 X (Qgross
45,ooo
-
25,000)]
X
N DF
24
> 70,000 Btu/h:
QDF
= 0.146 X Qgross X N~F
Where:
Qgross is
the measured gross capacity in Btu/h at the Suction A condition; and
NoF is the number of defrosts per day, equal to 4.
Calculate average defrost power input v·F, expressed in Watts, as follows:
v·F =
0.95
QvF
X 3.412
Where:
QDF is the average defrost heat load in Btu/h
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BILLING CODE 6450–01–C
]]>Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16027-16036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05414]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules
and Regulations
[[Page 16027]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the current test procedure for hot gas
defrost unit coolers by making it consistent with a recent update to
the industry testing standard that is incorporated by reference in the
relevant Federal test procedure for walk-in freezer refrigeration
systems. This final rule updates the equations used to calculate
defrost energy and heat contributions applicable to these systems to
provide a consistent performance evaluation between hot gas defrost and
electric defrost unit coolers when tested alone.
DATES: The effective date of this rule April 26, 2021. The final rule
changes will be mandatory for product testing starting September 22,
2021.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, 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.
A link to the docket web page can be found at https://beta.regulations.gov/search/docket?filter=%20EERE-2020-BT-TP-0016. The
docket web page contains instructions on how to access all documents,
including public comments, in the docket. For further information on
how to review the docket contact the Appliance and Equipment Standards
Program staff at (202) 287-1445 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 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].
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Calculation of Defrost Energy and Heat Contribution for Hot
Gas Defrost Unit Coolers Tested Alone
C. Effective and Compliance Dates
D. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Orders 13771 and 13777
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General Government Appropriations
Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
N. Congressional Notification
V. 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 which the U.S.
Department of Energy (``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''). The following
sections discuss DOE's authority to establish test procedures for walk-
ins and relevant background information regarding DOE's consideration
of the procedures in Appendix C relevant to hot gas defrost unit
coolers.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
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 \2\ of EPCA, added by Public Law 95-619, title
IV, Sec. 441(a), established the Energy Conservation Program for
Certain Industrial Equipment, which sets forth a variety of provisions
designed to improve energy efficiency. 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).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A-1.
---------------------------------------------------------------------------
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
[[Page 16028]]
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 the test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results that reflect the energy efficiency, energy use or estimated
annual operating cost of a given type of covered equipment during a
representative average use cycle (as determined by the Secretary) and
shall 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 requires that DOE establish test procedures to measure
walk-in energy use. (42 U.S.C. 6314(a)(9)(B)(i)) DOE satisfied this
requirement when it first established test procedures for this
equipment in 2011. See generally, 76 FR 21580 (April 15, 2011) (final
rule establishing test procedures for walk-in equipment). See also 10
CFR 431.304 and 10 CFR part 431, subpart R, appendices A through C.
If DOE determines that a test procedure amendment is warranted, it
must publish a proposed test procedure and offer the public an
opportunity to present oral and written comments on it. (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)) In addition, 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))
DOE is publishing this final rule in satisfaction of its
obligations specified in EPCA. (42 U.S.C. 6314(a))
B. Background
On May 13, 2014, DOE published a test procedure final rule (``May
2014 final rule'') that accommodated testing of complete refrigeration
systems and for 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,\3\ which is
installed inside a walk-in enclosure, and a condensing unit,\4\ 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 by 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 Air
Conditioning, Heating, and Refrigeration Institute (``AHRI'') Standard
1250-2009 (``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),\5\ 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.\6\ See 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.
---------------------------------------------------------------------------
\3\ 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.
\4\ 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.
\5\ 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.
\6\ 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 annual energy walk-in factor (``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 to the evaporator. That heat may be transferred from the ambient
air outside the walk-in, but heat for defrosting can also be
transferred from the compressor or a thermal storage component that
stores heat generated during the compressor on-cycle. DOE notes that,
unlike 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.,
[[Page 16029]]
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.\7\ 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
defrost unit coolers and condensing units tested alone that use hot gas
defrost. (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.'')
---------------------------------------------------------------------------
\7\ 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 removal of the performance
credit for hot gas defrost systems. As established in the December 2016
final rule, a hot gas defrost condensing unit is tested without
measuring the impacts of the hot gas defrost feature, and that feature
will not affect the measured efficiency either positively or
negatively. See id. In that sense, the test procedure for condensing
units with hot gas defrost is the same as the test procedure for units
with electric defrost. Id. These amendments had their initial origins
as part of rulemaking negotiations 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). DOE
assigned 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. The default electric defrost energy and heat values were
validated by testing unit coolers with measured gross capacity up to
18,000 Btu/h.\8\ The approach adopted in the December 2016 final rule
remains the current test method for addressing hot gas defrost.
---------------------------------------------------------------------------
\8\ See Docket EERE-2015-BT-STD-0016, No. 0007 at p. 31.
---------------------------------------------------------------------------
Relatedly, DOE published a final rule on July 10, 2017, that
adopted energy conservation standards for WICFs. 82 FR 31808 (``July
2017 final rule''). The analysis supporting the development of these
standards considered only electric defrost walk-in refrigeration
systems. Compliance with the amended energy conservation standards
established in the July 2017 final rule has been required beginning
July 10, 2020. Id.
In general, the current DOE test procedure requires testing of WICF
refrigeration systems to be conducted pursuant to AHRI 1250-2009, with
certain clarifications and modifications. Section 3.0 of Appendix C.
Since the December 2016 final rule, AHRI has published a revised
version of the 1250 standard, AHRI 1250-2020. AHRI 1250-2020 includes
revised equations for calculation of the default electric defrost
energy and heat load for condensing units tested alone, which are
significantly less than the values in Appendix C. AHRI notified DOE on
May 21, 2020 that some high-capacity hot gas defrost units might not
comply with the energy conservation standards for which compliance has
been required since July 10, 2020.\9\
---------------------------------------------------------------------------
\9\ Available at https://regulations.gov/comment/EERE-2020-BT-TP-0016-0007.
---------------------------------------------------------------------------
DOE published a notice of proposed rulemaking (``NOPR'') on
September 28, 2020, in which DOE proposed to amend the WICF test
procedure to revise the defrost energy and heat contribution values for
hot gas defrost unit coolers. 85 FR 60724 (``September 2020 NOPR'').
DOE held a public meeting via webinar related to this NOPR on October
2, 2020. That proposal serves as the basis for this final rule.
II. Synopsis of the Final Rule
This final rule amends section 3.5 of Appendix C of the current
test procedure, which assigns defrost energy and heat contribution
values for hot gas defrost unit coolers tested alone, 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).\10\
---------------------------------------------------------------------------
\10\ DOE modified equation C49 by removing the divisor of 1.0 to
simplify the equation. This change does not affect the result.
---------------------------------------------------------------------------
Table II.1 summarizes the adopted amendments, compares the
amendments to the current test procedure, and states the reason for the
adopted change.
Table II.1--Summary of Changes in the Amended Test Procedure
------------------------------------------------------------------------
Current DOE test procedure Amended test procedure Attribution
------------------------------------------------------------------------
Defrost energy and heat Revise defrost energy Industry Test
contribution for hot gas and heat contribution Procedure
defrost unit coolers are values for hot gas update.
determined based on the defrost unit coolers
calculation for electric to be consistent with
defrost for dedicated the electric defrost
condensing units that are not energy use and heat
matched for testing. contributions from
section C10.2.2 in
Appendix C of AHRI
1250-2020.
------------------------------------------------------------------------
DOE has determined that the narrow amendments described in section
III and adopted in this final rule would better evaluate the measured
efficiency of the walk-in refrigeration system equipment using hot gas
defrost compared to the current procedure, and that this narrow
amendment will not cause the test procedure to be unduly burdensome to
conduct. Discussion of DOE's actions are addressed in detail in section
III of this document.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule. (See 42
U.S.C. 6314(d))
III. Discussion
The following sections describe the scope of equipment for which
this final rule applies, the calculations that support this final rule,
and effective compliance dates. DOE received comments in response to
the September
[[Page 16030]]
2020 NOPR from the interested parties listed in Table III.1.
Table III.1--September 2020 NOPR Written Comments
------------------------------------------------------------------------
Reference in this
Commenter(s) final rule Commenter type
------------------------------------------------------------------------
Air-Conditioning, Heating & AHRI.............. Trade Association.
Refrigeration Institute.
California Investor-Owned CA IOUs........... Utility.
Utilities.
Northwest Energy Efficiency NEEA.............. Efficiency
Alliance. Organization.
People's Republic of China...... PRC............... Country Official/
Agency.
------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\11\
The comments received and DOE's decisions regarding finalization of the
test procedure amendments are discussed in the sections that follow.
---------------------------------------------------------------------------
\11\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to amend the
WICF test procedure. (Docket No. EERE-2020-BT-TP-0016, which is
maintained at https://www.regulations.gov/#!docketDetail;D=EERE-2020-
BT-TP-0016). The references are arranged as follows: (Commenter
name, comment docket ID number, page of that document).
---------------------------------------------------------------------------
A. Scope of Applicability
In this final rule, DOE is amending the test procedure for hot gas
defrost unit coolers only.
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.
DOE has determined that its current test procedure provides results
that are not essentially the same for hot gas defrost unit coolers and
electric defrost unit coolers, as intended in the December 2016 final
rule. As a result, not only might the values from using the procedure's
calculations be unrepresentative, but it may not be possible for
certain hot gas defrost unit coolers to comply with the applicable
energy conservation standards using the current test procedure's
default calculations.
B. Calculation of Defrost Energy and Heat Contribution for Hot Gas
Defrost Unit Coolers Tested Alone
As discussed in the September 2020 NOPR, certain manufacturers and
AHRI informed DOE that the test method for hot gas defrost unit coolers
does not provide results that are comparable to the results for
electric defrost unit coolers. 85 FR 60724, 60728. As such, hot gas
defrost unit coolers above a certain capacity may, when tested under
the current procedure, produce unrepresentative values and have
difficulty demonstrating compliance with the relevant standards. As
discussed, 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 for condensing units
tested alone. Appendix C Sections 3.5.2, 3.4.2.4, and 3.4.2.5.
Using the defrost energy and heat load values in the test method
prescribed in Appendix C of the current test procedure, Table III.2
compares hypothetical, best-case AWEF values assuming the unit cooler
fans draw zero power (an impossible situation) and AWEF values using
representative unit cooler fan wattages at different gross capacity
levels.\12\ These are the same values used to represent electric
defrost energy and heat values for determining the 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.
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
Hypothetical AWEF values were calculated as follows. Energy
contributions included in the AWEF calculation for this case include
compressor energy and defrost energy. The compressor energy is
calculated as the unit cooler gross capacity, divided by a compressor
system EER value 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 the 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 values both reduce
AWEF, with a higher AWEF value indicating more efficient performance.
For unit coolers above a certain capacity--even for the hypothetical,
impossible zero-fan-watt scenario--using the current default defrost
energy and heat load values results in a lower AWEF than the current
low-temperature unit cooler minimum standard.
[[Page 16031]]
Table III.2--Hot Gas Defrost Unit Cooler AWEF
----------------------------------------------------------------------------------------------------------------
AWEF
calculated
AWEF using fan
calculated power Minimum AWEF
Gross capacity (Btu/h) assuming zero correlations standard (Btu/
fan power (Btu/ from AHRI 1250- W-h) **
W-h) 2020 (Btu/W-h)
*
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* Equation 173 in section 7.9.3.3. These correlations are representative for low temperature unit cooler
evaporator fan power and are used in the test method prescribed in AHRI 1250-2020 for low temperature
condensing units tested alone.
** Unit Cooler--Low, 10 CFR 431.306(e).
In April 2020, AHRI published an updated version of its AHRI 1250
test standard that revised the values for electric defrost energy use
and heat contribution to apply when testing condensing units that are
tested alone (see section C10.2.2 in Appendix C of AHRI 1250-2020).
That update was partly based on testing using a sample of unit coolers
equipped with 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. The daily values determined using AHRI 1250-
2020 are significantly lower than those in the current DOE test
procedure, as indicated in Table III.3.
Table III.3--Comparison of Unit Cooler Default Electric Defrost Energy and Heat Load Between Current DOE Test
Procedure and This Final Rule
----------------------------------------------------------------------------------------------------------------
Daily defrost
Daily defrost Daily defrost heat load, QDF Daily defrost
energy use, DF energy use, DF (Btu) current heat load, QDF
Gross capacity (Btu/h) (Wh) current (Wh) 2020 DOE test (Btu) 2020
DOE test Final Rule procedure * Final Rule
procedure *
----------------------------------------------------------------------------------------------------------------
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......................................... 128,000 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.
As explained in the September 2020 NOPR, the AHRI 1250-2020 update
also includes correlations for the energy use and heat load associated
with hot gas defrost. These values were based on the testing of units
with hot gas defrost. However, as also explained in the NOPR, DOE
proposed to use the correlations developed for electric defrost rather
than hot gas defrost, to achieve consistency between the ratings for
hot gas and electric defrost unit coolers--which was the intent of the
December 2016 Final Rule. Id.
DOE proposed 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 Appendix
C, Section C10.2.2 of AHRI 1250-2020.
Comments from AHRI supported DOE's approach to revise its test
procedure for hot gas defrost unit coolers (AHRI, No. 6, p. 2). The CA
IOUs supported the proposal as a short-term resolution to the issue
with hot gas defrost unit coolers, since the current test procedure
likely overestimates defrost load, particularly for higher capacity hot
gas defrost unit coolers (CA IOUs, No. 4, p. 2).
In its comments, the PRC noted that defrosting using waste heat is
more efficient than electric defrost and therefore DOE should not
exclude hot gas defrost systems from the scope of the test (PRC, No. 3,
p. 3) DOE understands the term ``waste heat,'' in this case, to mean
hot gas defrost. DOE wishes to emphasize that it is maintaining the
provisions to address hot gas defrost and that hot gas defrost unit
coolers continue to be within the scope of Appendix C and required to
comply with the relevant standards in 10 CFR 431.306.
NEEA recommended that DOE update the calculations for electric
defrost unit coolers to be consistent with AHRI 1250-2020 to maintain
consistency between hot gas defrost and electric defrost unit coolers
(NEEA, No. 5, p. 5). DOE notes that defrost energy use for unit coolers
with electric defrost is determined through testing using section 3.3.4
of Appendix C, which references section C11 of AHRI 1250-2009. As
specified in section C11 of AHRI 1250-2009, the electric defrost unit
cooler is operated at dry coil conditions until stable, at which point
a defrost is initiated and the energy input and duration is measured.
Defrost capabilities are built into electric defrost
[[Page 16032]]
unit coolers, e.g., a coil heater is integrated into the evaporator
coil and a pan heater is provided for the pan. The power source to
activate these heaters for a laboratory test is the same power source
used to operate the unit cooler fans to measure capacity. Hot gas
defrost unit coolers cannot be tested in this way because the heat
source necessary to achieve defrost is not incorporated into the
equipment. Therefore, while default values are needed for hot gas
defrost unit coolers, they are not needed for electric defrost unit
coolers, as the energy use associated with the electric defrost is
measured in the test method.
DOE received several comments urging it to conduct a more
comprehensive rulemaking that fully addresses recommendations from the
2016 Working Group. As noted earlier, the CA IOUs supported the
proposed amendments as a short-term measure; however, they encouraged
DOE to address more fully the recommendations from the 2015 Working
Group in a future rulemaking (CA IOUs, No. 4, p. 2). NEEA also urged
DOE to expand the scope of the current walk-in test procedure revisions
to address more fully the recommendations from the ASRAC working group,
specifically recommendation 6 (NEEA, No. 5, p. 5). Additionally, the
PRC suggested that DOE include modifications to the test to improve its
ability to evaluate systems that utilize hot gas defrost (PRC, No. 3,
p. 3).
DOE notes that Working Group Recommendation No. 6 includes
incorporating off-cycle power consumption, rating variable-capacity
condensing units, and developing a method for measuring hot gas defrost
and adaptive defrost energy consumption. See Docket No. EERE-2015-BT-
STD-0016, No. 56 at p. 3 (ASRAC Term Sheet, Recommendation No. 6--
Future Test Procedure Recommendations. See also 81 FR 95758, 95761
(discussing ASRAC recommendations). As recognized by NEEA, additional
changes to the DOE test procedure in response to Working Group
Recommendation No. 6 would necessitate an evaluation of whether any
such changes would impact compliance with the energy consumption
standards for walk-ins (NEEA, No. 5, p. 3). DOE will continue to
evaluate the Working Group recommendations and address additional
changes as may be needed in a separate rulemaking.
NEEA encouraged DOE to conduct further analysis into AHRI 1250-2020
to understand if it appropriately addresses the Working Group
recommendations. (NEEA, No. 5, p. 3) The CA IOUs commented that the
equations in the DOE test procedure should align with the equations in
AHRI 1250-2020, especially where a separate equation for electric
defrost and hot gas defrost is used. (CA IOUs, No. 4, p. 3) DOE agrees
that a full analysis of AHRI 1250-2020 is necessary to both evaluate
its consistency with the 2015 Working Group recommendations, and to
better understand how updated test requirements may impact the energy
conservations standards. However, DOE wishes to emphasize that the
purpose of this rule is to revise the test procedure for hot gas
defrost unit coolers only and addressing these other issues would be
part of a future rulemaking.
Finally, NEEA suggests that DOE consider incorporating a cyclic
test procedure for walk-in refrigeration systems (NEEA, No. 5, p. 3).
According to NEEA, a test procedure with multiple refrigeration cycles
and varying load conditions would more accurately represent the period
of use for walk-in refrigeration systems. (NEEA, No. 5, p. 3). DOE
appreciates the comment and will consider it in a future test procedure
rulemaking, should one be initiated.
As stated in the September 2020 NOPR, DOE limited the scope of the
proposal to expediently address how to test a hot gas defrost unit
cooler and to resolve potential compliance issues under the energy
conservation standards that currently apply. 85 FR 60724, 60724.
DOE has determined that the equations in AHRI 1250-2020 section
C10.2.2 provide better representations of electric defrost energy use
and heat load than those in the current DOE test procedure (Appendix C,
sections 3.4.2.4 and 3.4.2.5) and hence will provide better equivalence
of a hot gas defrost 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
current DOE test procedure were validated by testing unit coolers with
measured gross capacity up to 18,000 Btu/h, representing a more limited
range of capacity than the sample tested by AHRI.\13\ The default
electric defrost energy and heat values provided in AHRI 1250-2020 are
based on measuring the performance of a range of unit coolers, some
with capacities greater than 18,000 Btu/h. Because of the greater
capacity range tested in support of AHRI 1250-2020 development, DOE has
determined that these values provide both the best available
representation of electric defrost energy consumption associated with
unit cooler defrost and better performance equivalence between hot gas
defrost and electric defrost unit coolers than Appendix C. Hence, DOE
is revising 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 electric and hot gas defrost unit coolers.\14\
---------------------------------------------------------------------------
\13\ See Docket EERE-2015-BT-STD-0016, No. 0007 at p. 31.
\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
requires the same defrost default values that were used to develop
the current energy conservation standards.
---------------------------------------------------------------------------
Based on the discussion presented in this final rule and in the
September 2020 NOPR, DOE is modifying its test procedure for hot gas
defrost unit coolers to use the defrost energy and heat equations from
AHRI 1250-2020 when calculating AWEF.
C. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the 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.
EPCA provides that individual manufacturers may petition DOE for an
extension of the 180-day period if the manufacturer will experience
undue hardship in meeting the deadline. (42 U.S.C. 6314(d)(2)) To
receive consideration, 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.)
D. Test Procedure Costs, Harmonization, and Other Topics
1. Test Procedure Costs and Impact
EPCA requires that test procedures adopted by DOE not be unduly
burdensome to conduct. In this document, DOE amends the existing test
procedure for walk-in hot gas defrost unit coolers tested alone by
revising the calculations used to determine daily defrost energy and
heat contribution. DOE has determined that the amendment will not add
any burden to
[[Page 16033]]
manufacturers to conduct the test procedure for this equipment since
the amendment requires only a mathematical change to the measured
results and does 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. See 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 adopting 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 final rule, DOE is updating the Federal test procedure consistent
with AHRI 1250-2020 only in this context. As stated in the September
2020 NOPR, 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 1250-2009 at 10 CFR 431.303 should be updated to the
2020 version.
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 rulemaking does not constitute ``significant
regulatory actions'' 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 concludes that this rulemaking is consistent with the
directives set forth in these executive orders. This final rule is
estimated to have no cost impact. Therefore, this final rule is an E.O.
13771 ``other'' action.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule 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.
As presented in this final rule, the adopted change to the test
procedure will have no cost impact. As discussed, the final rule
requires use of a revised calculation to determine the AWEF for hot gas
defrost unit coolers. The adopted amendment does not require additional
testing or retesting.
Therefore, DOE concludes that the cost effects accruing from the
final rule would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of a
FRFA is not warranted. DOE has submitted a 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 walk-in coolers and walk-in freezers 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-ins. (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
[[Page 16034]]
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 adopted in this final rule does not impact the
reporting burden for manufacturers of WICFs.
E. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
(``NEPA''), DOE has analyzed this proposed action in accordance with
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE
has determined that this rule qualifies for categorical exclusion under
10 CFR part 1021, subpart D, Appendix A5 because it is an interpretive
rulemaking that does not change the environmental effect of the rule
and meets the requirements for application of a CX. See 10 CFR
1021.410. Therefore, DOE has determined that promulgation of this rule
is not a major Federal action significantly affecting the quality of
the human environment within the meaning of NEPA and does not require
an EA or EIS.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final 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,
this final 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 regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
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 final
rule according to the 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 final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
J. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will 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
[[Page 16035]]
each agency pursuant to general guidelines issued by OMB. OMB's
guidelines were published at 67 FR 8452 (Feb. 22, 2002). Pursuant to
OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
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 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 significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action 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.
The amendment to the test procedures for walk-ins adopted in this
final rule does not incorporate any new industry standard that would
require compliance under section 32(b) of the FEAA. The amendment
adopted in this final rule is based on calculations specified in AHRI
1250-2020, but the regulation as amended does not require the use of
AHRI 1250-2020. Nevertheless, DOE consulted with both the Department of
Justice and the FTC on the proposed rule. Neither agency had comments
or concerns regarding the rulemaking.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, and Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on March 7,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for 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 March 11, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 431 of
chapter II of title 10, Code of Federal Regulations as set forth below:
PART 431--ENERGY EFFICIENCY 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 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 * * *
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 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:
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