[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Proposed Rules]
[Pages 64295-64325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24354]



[[Page 64295]]

Vol. 78

Monday,

No. 208

October 28, 2013

Part II





Department of Energy





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10 CFR Parts 429 and 431





Energy Conservation Program: Test Procedure for Commercial 
Refrigeration Equipment; Proposed Rule

Federal Register / Vol. 78 , No. 208 / Monday, October 28, 2013 / 
Proposed Rules

[[Page 64296]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2013-BT-TP-0025]
RIN 1904-AC99


Energy Conservation Program: Test Procedure for Commercial 
Refrigeration Equipment

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

ACTION: Notice of proposed rulemaking (NOPR).

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SUMMARY: The U.S. Department of Energy (DOE) proposes to revise and 
reorganize its test procedure for commercial refrigeration equipment 
(CRE) in order to clarify certain terms, procedures, and compliance 
dates. Specifically, in this notice of proposed rulemaking, DOE 
addresses several inquiries it has received from interested parties 
regarding the applicability of DOE's test procedure and current Federal 
energy conservation standards, the definition of certain terms 
pertinent to commercial refrigeration equipment, the proper 
configuration and use of certain components and features of commercial 
refrigeration equipment when testing according to the DOE test 
procedure, the proper application of certain test procedure provisions, 
and the compliance date of certain provisions specified in the DOE test 
procedure final rule published on February 21, 2012 (hereafter referred 
to as 2012 test procedure final rule). DOE also proposes a number of 
test procedure clarifications which have arisen as a result of the 
negotiated rulemaking process for certification of commercial heating, 
ventilation, air conditioning, refrigeration, and water heating 
equipment. These provisions are addressed below in more detail. DOE 
will hold a public meeting to receive and discuss comments on this 
NOPR.

DATES: DOE will hold a public meeting on Thursday, December 5, 2013, 
from 9 a.m. to 1 p.m., in Washington, DC. The meeting will also be 
broadcast as a webinar. See section V, ``Public Participation,'' for 
webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.
    DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) before and after the public 
meeting, but no later than January 13, 2014. See section V, ``Public 
Participation,'' for details.
    DOE expects that any final rule in this proceeding would be 
effective 30 days after the date of publication of that final rule.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue SW., 
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at 
(202) 586-2945. Persons can attend the public meeting via webinar. For 
more information, refer to Section V, ``Public Participation,'' near 
the end of this notice of proposed rulemaking.
    Comments may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: CRE2013TP0025@ee.doe.gov. Include the docket number and/
or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(``Public Participation'').
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at regulations.gov. All 
documents in the docket are listed in the regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0025. This Web 
page will contain a link to the docket for this notice of proposed 
rulemaking on the regulations.gov site. The regulations.gov Web page 
will contain simple instructions on how to access all documents, 
including Federal Register notices, public meeting attendee lists and 
transcripts, comments, and other supporting documents/materials. See 
section V, ``Public Participation,'' for information on how to submit 
comments through regulations.gov.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact Ms. Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Charles Llenza, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-2192. Email: commercial_refrigeration_equipment@ee.doe.gov.
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-8145. Email: 
Jennifer.Tiedeman@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Summary of the Proposed Rule
III. Discussion
    A. Scope of Coverage
    1. Salad Bars, Buffet Tables, and Other Refrigerated Holding and 
Serving Equipment
    2. Chef Bases and Griddle Stands
    3. Existing Cases Undergoing Refurbishments or Retrofits
    4. Case Doors Shipped as After-Market Additions
    B. Definitions Pertinent to Commercial Refrigeration Equipment
    1. Commercial Refrigeration Equipment with Drawers
    2. Transparent and Solid Doors
    a. Definition of Transparent
    b. Definition of Equipment with Transparent Doors versus Solid 
Doors
    3. Hybrid Equipment and Commercial Refrigerator-Freezers
    C. Relationship Among Rating Temperature, Operating Temperature, 
and Integrated Average Temperature
    D. Proper Configuration and Use of Components or Features in the 
DOE Test Procedure
    1. Energy Management Systems
    2. Lighting
    3. Test Package Temperatures
    E. Treatment of Other Specific Equipment Features and 
Accessories During Testing
    1. Customer Display Signs/Lights
    2. Condensate Pan Heaters and Pumps
    3. Anti-Sweat Door Heaters
    4. Ultraviolet Lights
    5. Illuminated Temperature Displays and Alarms
    6. Condenser Filters
    7. Refrigeration System Security Covers
    8. Night Curtains and Covers

[[Page 64297]]

    9. Grill Options
    10. Coated Coils
    11. Internal Secondary Coolant Circuits
    12. Wedge Cases
    13. Misting or Humidification Systems
    14. Air Purifiers
    15. General Purpose Outlets
    16. Crankcase Heaters
    17. Interior/Exterior Liners
    F. Rounding of Test Results and Certified Ratings
    G. Testing at the Lowest Application Product Temperature
    H. Clarifications in Response to Interpretations to AHRI 
Standard 1200-2010
    I. Clarification of Methodology for Measuring Total Display Area
    J. Compliance Date of Test Procedure Amendments
IV. Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
V. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Prepared General Statements For 
Distribution
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified), added by 
Public Law 95-619, Title IV, Sec. 441(a), established the Energy 
Conservation Program for Certain Industrial Equipment, a program 
covering certain industrial equipment, which includes the commercial 
refrigeration equipment that is the focus of this notice of proposed 
rulemaking.\1\ All references to EPCA refer to the statute as amended 
through the American Energy Manufacturing Technical Corrections Act 
(AEMTCA), Public Law 112-210 (Dec. 18, 2012).
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered equipment must use as the basis for (1) certifying to DOE that 
their equipment complies with the applicable energy conservation 
standards adopted under EPCA, (42 U.S.C. 6316(e)(1)), and (2) making 
representations about the efficiency of that equipment. (42 U.S.C. 
6314(d)) Similarly, DOE must use these test procedures to determine 
whether the equipment complies with relevant standards promulgated 
under EPCA. (42 U.S.C. 6316(e)(1))
General Test Procedure Rulemaking Process
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered equipment. EPCA provides, in relevant part, that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6314(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product or equipment \2\ as determined under the existing test 
procedure. If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6314(a)(6)(D))
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    \2\ The term ``covered product'' broadly refers to all types of 
appliances and equipment regulated by the Department regardless of 
whether they are consumer products or commercial and industrial 
equipment.
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    Under 42 U.S.C. 6314(c)(1), no later than 3 years after the date of 
prescribing a test procedure pursuant to 42 U.S.C. 6314, and from time 
to time thereafter, DOE is required to conduct a reevaluation and 
determine whether to amend the test procedure. If DOE determines a test 
procedure should be amended, it shall promptly publish in the Federal 
Register proposed test procedures, incorporating such amendments and 
affording interested persons an opportunity to present oral and written 
data, views and arguments. (42 U.S.C. 6314(c)(2))
    On February 21, 2012, DOE published a final rule (2012 test 
procedure final rule) prescribing new amendments to the test procedure 
for commercial refrigeration equipment. 77 FR 10292, 10318-21. Pursuant 
to EPCA's requirement in 42 U.S.C. 6314(c), DOE has conducted a 
reevaluation of the CRE test procedure and concluded that it should be 
amended to clarify a number of provisions regarding how aspects of the 
test are conducted and to provide more explicit definitions of some 
terms. DOE's proposed amendments to the test procedure are presented in 
this NOPR.

B. Background

    EPCA mandates that the American Society of Heating, Refrigerating, 
and Air-Conditioning Engineers (ASHRAE) Standard 117-2002, ``Method of 
Testing Closed Refrigerators,'' shall be the initial test procedure for 
the types of equipment to which standards are applicable under 42 
U.S.C. 6313(c)(2)-(3). (U.S.C. 6314(a)(6)(A)(ii)) EPCA requires DOE to 
address whether to amend its test procedures if ASHRAE amends this 
standard. (42 U.S.C. 6314(a)(6)(E)-(F)) In 2005, ASHRAE combined 
Standard 72-1998, ``Method of Testing Open Refrigerators,'' and 
Standard 117-2002 and published the test method as ASHRAE Standard 72-
2005 (ASHRAE 72-2005), ``Method of Testing Commercial Refrigerators and 
Freezers,'' which was approved by the American National Standards 
Institute (ANSI) on July 29, 2005. Consistent with EPCA's requirement 
in 42 U.S.C. 6314(a)(6)(E), DOE reviewed ASHRAE 72-2005, as well as 
American Refrigeration Institute (ARI) Standard 1200-2006, which was 
approved by ANSI on August 28, 2006. DOE determined that ARI Standard 
1200-2006 included by reference the test procedures in ASHRAE 72-2005 
and the rating temperatures prescribed in EPCA. (42 U.S.C. 
6314(a)(6)(B)) As a result, DOE published a final rule in December 2006 
(2006 test procedure final rule) that adopted ARI Standard 1200-2006 as 
the DOE test procedure for commercial refrigeration equipment. 71 FR 
71340, 71357 (Dec. 8, 2006). The 2006 test procedure final rule 
specified rating temperatures of 38 [deg]F (2 [deg]F) for 
commercial refrigerators and refrigerator compartments, 0 [deg]F 
(2 [deg]F) for commercial freezers and freezer 
compartments, and -15 [deg]F (2 [deg]F) for commercial ice-
cream freezers. 71 FR at 71370 (Dec. 8, 2006). DOE also adopted

[[Page 64298]]

Association of Home Appliance Manufacturers (AHAM) Standard HRF-1-2004, 
``Energy, Performance and Capacity of Household Refrigerators, 
Refrigerator-Freezers and Freezers,'' for measuring compartment volumes 
for equipment covered under the 2006 test procedure final rule. 71 FR 
at 71370 (Dec. 8, 2006). The test procedure established in the 2006 
final rule became effective on January 8, 2007 (71 FR at 71340), and 
its use has been required to demonstrate compliance with the current 
energy conservation standards.
    More recently, on February 21, 2012, DOE published the 
aforementioned 2012 test procedure final rule, in which it adopts 
several amendments to the DOE test procedure for commercial 
refrigeration equipment. These amendments include updating the standard 
incorporated by reference in the DOE test procedure in response to the 
relevant industry organizations issuing updated versions. Specifically, 
DOE updated the incorporation by reference of Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) 1200-2010 as the DOE test 
procedure for this equipment. 77 FR at 10318-9 (Feb. 21, 2012). The 
2012 test procedure final rule also includes an amendment to 
incorporate by reference the updated ANSI/AHAM Standard HRF-1-2008 
(AHAM HRF-1-2008), ``Energy, Performance, and Capacity of Household 
Refrigerators, Refrigerator-Freezers, and Freezers,'' for determining 
compartment volumes for this equipment. 77 FR at 10318 and 10321 (Feb. 
21, 2012). These updates were primarily editorial in nature and aligned 
the AHRI test procedure with the nomenclature and methodology used in 
DOE's 2009 standards rulemaking on commercial refrigeration equipment. 
The newly updated AHRI Standard 1200-2010 also references the most 
recent version of the AHAM standard, AHAM HRF-1-2008.
    In addition, the 2012 test procedure final rule includes several 
amendments designed to address certain energy efficiency features that 
were not accounted for by the previous DOE test procedure, including 
provisions for measuring the impact of night curtains,\3\ lighting 
occupancy sensors, and scheduled controls. 77 FR at 10296-10298 and 
10319-10320 (Feb. 21, 2012). In the 2012 test procedure final rule, DOE 
also adopts amendments to allow testing of commercial refrigeration 
equipment that cannot operate at the rating temperature specified in 
the DOE test procedure. Specifically, the 2012 test procedure final 
rule allows testing of commercial refrigeration equipment at its lowest 
application product temperature (LAPT), for equipment that is 
physically incapable of reaching the prescribed rating temperature. 77 
FR at 10320 (Feb. 21, 2012). The 2012 test procedure final rule also 
allows manufacturers to test and certify equipment at the more-
stringent rating temperatures and ambient conditions required by NSF 
\4\ for food safety testing. 77 FR at 10321 (Feb. 21, 2012).
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    \3\ Night curtains are devices made of an insulating material, 
typically insulated aluminum fabric, designed to be pulled down over 
the open front of the case to decrease infiltration and heat 
transfer into the case when the merchandizing establishment is 
closed.
    \4\ Founded in 1944 as the National Sanitation Foundation, the 
organization is now referred to simply as NSF.
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    The test procedure amendments established in the 2012 test 
procedure final rule became effective on March 22, 2012. 77 FR at 10292 
(Feb. 21, 2012). The amendments are required to be used in conjunction 
with any amended standards promulgated as a result of DOE's ongoing 
energy conservation standards rulemaking (Docket No. EERE-2010-BT-STD-
0003).

II. Summary of the Proposed Rule

    Since publication of the 2012 test procedure final rule, DOE has 
received a number of inquiries from interested parties regarding DOE 
regulations for commercial refrigeration equipment, including how 
different types of equipment fit into DOE's definitions of commercial 
refrigeration equipment at 10 CFR 431.62, and questions involving 
certain provisions of the DOE test procedure at 10 CFR 431.64.
    More specifically, DOE has received inquiries and questions 
regarding the applicability of DOE's test procedure and Federal energy 
conservation standards to particular models of commercial refrigeration 
equipment, the proper configuration and use of certain components and 
features of commercial refrigeration equipment for purposes of testing 
according to the DOE test procedure, and the compliance date of the 
amendments specified in the 2012 test procedure final rule. In this 
NOPR, DOE addresses the questions presented by interested parties and, 
where appropriate, proposes edits to the regulatory language to add 
clarity to DOE's existing regulations.
    On February 26, 2013, members of the Appliance Standards and 
Rulemaking Federal Advisory Committee (ASRAC) unanimously decided to 
form a working group to negotiate rulemaking on certification for 
commercial heating, ventilation, and air-conditioning; commercial water 
heating; and commercial refrigeration equipment. A notice of intent to 
form the Commercial Certification Working Group was published in the 
Federal Register on March 12, 2013 (EERE-2013-BT-NOC-0023), to which 
DOE received 35 nominations. 78 FR 15653. On April 16, 2013 the 
Department published a notice of open meeting that announced the first 
meeting and listed the 22 nominations that were selected to serve as 
members of the Working Group, in addition to two members from ASRAC, 
and one DOE representative. 78 FR 22431. The members of the Working 
Group were selected to ensure a broad and balanced array of stakeholder 
interests and expertise, and include efficiency advocates, 
manufacturers, a utility representative, and third party laboratory 
representatives. As part of that rulemaking process, DOE conducted a 
number of regulatory negotiation sessions over the course of the summer 
of 2013 involving major stakeholders in the commercial refrigeration 
equipment market.\5\ One outcome of these meetings was an agreement on 
the need for clarification of aspects of the DOE test procedure with 
respect to the treatment of specific features of commercial 
refrigeration equipment. This NOPR contains proposed clarifications of 
the treatment of those features by the DOE test procedure.
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    \5\ All of the details of the negotiation sessions can be found 
in the public meeting transcripts that are posted to the docket for 
the Working Group (http://www.regulations.gov/#!docketDetail;D=EERE-
2013-BT-NOC-0023).
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    EPCA prescribes that if any final rule amends a test procedure, DOE 
must determine ``to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency . . . of any covered product 
as determined under the existing test procedure.'' (42 U.S.C. 
6314(a)(6)) Further, if DOE determines that the amended test procedure 
would alter the measured efficiency of a covered product, DOE must 
amend the applicable energy conservation standard accordingly. (42 
U.S.C. 6314(a)(6)) In this NOPR, DOE is proposing edits and additional 
definitions which are applicable to the DOE test procedure that must 
currently be used to demonstrate compliance with existing standards 
(reorganized into appendix A to subpart C of 10 CFR part 431), as well 
as the test procedure established in the 2012 test procedure final rule 
that are to be used with any future energy conservation standards for 
commercial refrigeration equipment (reorganized into appendix B to 
subpart C of 10 CFR

[[Page 64299]]

part 431). DOE does not believe that the test procedure clarifications 
proposed in this notice of proposed rulemaking would affect the 
measured energy use of any covered commercial refrigeration equipment 
under the current DOE test procedure. The additional definitions and 
amendments to the DOE test procedure for commercial refrigeration 
equipment would serve only to clarify existing nomenclature, testing 
provisions, and requirements for certain features and types of 
commercial refrigeration equipment; they would not establish new 
requirements with regard to testing commercial refrigeration equipment.
    DOE notes that certification for commercial refrigeration equipment 
is currently not required until December 31, 2013, and DOE is 
negotiating the certification requirements, including the compliance 
date, with others in the Working Group for these products (Docket No. 
EERE-2013-BT-NOC-0023).
    On or after the compliance date for any amended energy conservation 
standards adopted as a result of the ongoing energy conservation 
standards rulemaking for commercial refrigeration equipment (Docket No. 
EERE-2010-BT-STD-0003), all commercial refrigeration equipment shall be 
tested in accordance with appendix B to subpart C of part 431.

III. Discussion

    In the 2012 test procedure final rule, DOE amends the test 
procedure for commercial refrigeration equipment at 10 CFR 431.64. 77 
FR 10292, 10318-10321 (Feb. 21, 2012). Since publication of the 2012 
test procedure final rule, DOE has received inquiries from interested 
parties regarding DOE's test procedures, definitions, and the 
applicability of the existing test procedure and standards to different 
types of commercial refrigeration equipment. In addition, during its 
testing of numerous basic models of commercial refrigeration equipment, 
DOE has encountered several test procedure provisions that require 
clarification. Lastly, as a result of the negotiated rulemaking 
currently being conducted by DOE to develop amended certification 
requirements for commercial refrigeration equipment, DOE is also 
proposing 17 clarifications regarding how different accessories are 
treated under the existing test procedure.
    In considering inquiries from interested parties, DOE noted several 
opportunities for clarification of the test procedure, involving:
    1. the applicability of the test procedure and related energy 
conservation standards to certain types of equipment;
    2. the definitions of hybrid commercial refrigeration equipment, 
commercial refrigeration equipment with drawers, and commercial 
refrigeration equipment with solid and/or transparent doors;
    3. the relationship among the rating temperature, operating 
temperature, and integrated average temperature;
    4. the proper configuration and use of energy management systems, 
lighting controls, and test packages in the DOE test procedure for 
commercial refrigeration equipment;
    5. the treatment of various features and components;
    6. the rounding requirements for test results and certified 
ratings;
    7. the provision adopted in the 2012 test procedure final rule to 
allow testing at the lowest application product temperature for 
equipment that cannot operate at the prescribed rating temperature for 
its equipment class;
    8. clarifications raised by Interpretations 1, 2, 3, 4, and 5 of 
AHRI Standard 1200-2010;
    9. the methodology used to determine total display area; and
    10. the compliance date of certain amendments established in the 
2012 test procedure final rule.

A. Scope of Coverage

    On October 18, 2005, DOE published a final rule adopting EPCA's 
definition of commercial refrigeration equipment. This definition 
includes seven provisions stating the requirements that must be met for 
a piece of equipment to qualify as commercial refrigeration equipment. 
These include provisions pertaining to the operational, functional, and 
design characteristics of the equipment. 70 FR 60407, 60414
    This definition forms the basis of the scope of coverage of DOE's 
regulations for commercial refrigeration equipment. While the 
definition of commercial refrigeration equipment encompasses a broad 
cross-section of commercial refrigeration equipment types, DOE has only 
established energy conservation standards for certain types of covered 
commercial refrigeration equipment specified at 10 CFR 431.66, and 
these standards apply to all new equipment distributed into U.S. 
commerce. 76 FR 12422, 12426 and 12437 (Mar. 7, 2011). There are also 
several types of equipment that meet the definition of commercial 
refrigeration equipment for which DOE has not yet set energy 
conservation standards. These include, for example, buffet tables, 
salad bars, prep tables, and griddle stands.
    EPCA and DOE regulations require manufacturers of commercial 
refrigeration equipment to use the DOE test procedure for commercial 
refrigeration equipment to evaluate compliance with any applicable 
energy conservation standards and to support any representations as to 
the energy use. The DOE test procedure for commercial refrigeration 
equipment is set forth at 10 CFR 431.64. The test procedure applies to 
all commercial refrigeration equipment for which DOE has established 
energy conservation standards, including commercial refrigerators, 
freezers, and refrigerator-freezers, with and without doors, with 
remote or self-contained condensing units, with horizontal, vertical, 
or semi-vertical configurations, and designed for holding temperature 
or pull-down application.
    Since publication of the 2012 test procedure final rule, DOE has 
received several inquiries from interested parties regarding the 
applicability of the current DOE energy conservation standards and test 
procedure. In the following sections, DOE provides details and specific 
examples to respond to those inquiries.
1. Salad Bars, Buffet Tables, and Other Refrigerated Holding and 
Serving Equipment
    DOE has received several inquiries from interested parties 
regarding the application of the current DOE test procedure and 
standards to salad bars, buffet tables, and other refrigerated holding 
and serving equipment. Salad bars, buffet tables, and other 
refrigerated holding and serving equipment are types of commercial 
refrigeration equipment that store and display perishable items 
temporarily during food preparation or service. These units typically 
have specific design attributes, such as easily accessible or open bins 
that allow convenient and unimpeded access to the refrigerated 
products. As such, this equipment may operate differently from 
commercial refrigeration equipment designed for storage or retailing. 
While salad bars, buffet tables and other refrigerated holding and 
serving equipment are covered equipment types because they meet the 
definition of commercial refrigeration equipment in EPCA, the DOE test 
procedure and current Federal standards do not apply due to their 
unique operation. Should DOE decide to explicitly consider test 
procedures or energy conservation standards for salad bars, buffet 
tables, and other refrigerated

[[Page 64300]]

holding and serving equipment, it would do so in a future rulemaking.
2. Chef Bases and Griddle Stands
    DOE also received inquiries about chef bases and griddle stands, 
unique equipment types used in commercial kitchens to store food prior 
to cooking. Specifically, interested parties inquired as to whether 
this equipment was covered by the DOE test procedure and if there were 
applicable standards. Chef bases and griddle stands are designed to be 
placed directly under cooking equipment, such as a commercial grill. 
Chef bases and griddle stands are also designed to provide food-safe 
temperatures in extremely hot environments, and thus are designed with 
uniquely robust refrigeration systems. These higher-capacity 
refrigeration systems require larger compressors than equipment with 
compressors that are appropriately sized for more typical ambient 
temperatures. As a result, this equipment consumes more energy than 
similarly sized, standard CRE models.
    Based on the current definition of commercial refrigeration 
equipment, chef bases and griddle stands are commercial refrigeration 
equipment. Further, DOE believes that chef bases and griddle stands can 
be tested using the DOE test procedure for commercial refrigeration 
equipment. While manufacturers are not required to make representations 
of the energy use or energy efficiency of chef bases or griddle stands, 
a manufacturer must use the DOE test procedure to make such 
representations. However, DOE has not considered the energy usage of 
these types of equipment in its previous rulemakings to set standards 
for commercial refrigeration equipment, thus, the current DOE energy 
conservation standards do not apply to chef bases or griddle stands. 
Additionally, DOE is not considering standards for this equipment at 
this time, as discussed in section III.A (Docket No. EERE-2010-BT-STD-
0003). DOE is proposing additions to Sec.  431.66 to make clear that 
the current energy conservation standards for CRE do not apply to chef 
bases and griddle stands.
    To clearly differentiate ``chef bases'' and ``griddle stands'' for 
conventional types of commercial refrigeration equipment that are 
currently covered by energy conservation standards, DOE proposes to 
establish a definition for ``chef base'' and/or ``griddle stand.'' DOE 
proposes to define ``chef base or griddle stand'' as follows:
    Chef base or griddle stand means commercial refrigeration equipment 
that is designed and marketed for the express purpose of having a 
griddle or other cooking equipment placed on top of it that is capable 
of reaching temperatures hot enough to cook food.
    DOE believes this definition captures the unique operation of chef 
bases and griddle stands, which are designed to provide food-safe 
temperatures in extremely warm environments in excess of 200 [deg]F, 
and thus are designed with uniquely robust refrigeration systems. DOE 
also notes that these additional design features are specifically 
marketed by manufacturers and sought after in the market, and add 
considerable cost to this type of commercial refrigeration equipment. 
Thus a manufacturer could not produce another type of similar 
commercial refrigeration equipment and market it as a chef base or 
griddle stand because that model would not meet the performance 
requirements a consumer would expect.
    DOE requests comment on the proposed definition for chef base or 
griddle stand.
3. Existing Cases Undergoing Refurbishments or Retrofits
    DOE received a stakeholder inquiry as to whether DOE's test 
procedures and energy conservation standards apply to existing 
equipment undergoing retrofits and refurbishments. Energy conservation 
standards apply only to new equipment manufactured after the effective 
date of the applicable standard, and not to equipment undergoing 
retrofits or refurbishments. As DOE stated in its certification, 
compliance and enforcement (CCE) final rule, published on March 7, 
2011, manufacturers and private labelers must certify to DOE that each 
basic model of covered equipment meets the applicable standard before 
distributing that equipment into U.S. commerce. DOE clarified that its 
authority covers only newly-manufactured equipment and does not extend 
to rebuilt and refurbished equipment. 76 FR at 12426 and 12437 (Mar. 7, 
2011).
4. Case Doors Shipped as After-Market Additions
    DOE has received inquiries regarding the appropriate equipment 
class and test procedure for open commercial refrigerated display cases 
that may be shipped without doors installed on the unit, but with doors 
accompanying the unit (perhaps in a separate package) that are intended 
to be installed in the field. Stakeholders sought guidance on whether 
equipment that is produced and shipped in this manner would be subject 
to the standards applicable to an open case or, rather, subject to the 
standards applicable to a closed case.
    A basic model of commercial refrigeration equipment is tested, 
rated, and subject to specific standards based on the equipment 
class(es) to which that basic model belongs. For commercial 
refrigeration equipment, one of the features that distinguishes the 
current equipment classes is the presence of doors (i.e., open or 
closed). In applying the standards required for the equipment 
categories in 10 CFR 431.66, DOE proposes that when a model of 
commercial refrigeration equipment is offered for sale with doors as an 
optional accessory, regardless of how the unit is shipped, such unit 
must be treated as equivalent to a basic model shipped with doors pre-
installed. The model should be certified based on the results of 
testing in this configuration, which includes the doors. DOE seeks 
comment on whether, if this same model is offered for sale as a model 
without doors, it should be tested and rated with no doors installed 
and meet the corresponding energy conservation standards for open case 
equipment.

B. Definitions Pertinent to Commercial Refrigeration Equipment

    DOE currently categorizes commercial refrigeration equipment by 
equipment classes based on the following general characteristics of a 
given basic model:
    1. geometry of the case (i.e., vertical, horizontal, or semi-
vertical);
    2. presence of doors (closed equipment) or no doors (open 
equipment);
    3. door type, if applicable (transparent or solid);
    4. condensing unit configuration (self-contained or remote 
condensing);
    5. holding temperature application or pull-down temperature 
application; and
    6. operating temperature (refrigerator, freezer, or ice-cream 
freezer).
    10 CFR 431.62 provides definitions that assist manufacturers in 
determining which equipment class and associated energy conservation 
standard applies to a given basic model of commercial refrigeration 
equipment. However, 10 CFR 431.62 does not provide explicit guidance on 
how to classify commercial refrigeration equipment with drawers or how 
to differentiate between a unit with transparent doors and a unit with 
solid doors. Section III.B.1 through III.C provides additional 
clarification in this regard.
1. Commercial Refrigeration Equipment With Drawers
    DOE has received several inquiries from interested parties 
regarding the coverage of CRE basic models with

[[Page 64301]]

drawers. Specifically, interested parties have inquired whether CRE 
models with drawers are covered under the existing energy conservation 
standards for commercial refrigeration equipment and, if so, (1) to 
which equipment families they belong; and (2) what test procedure 
applies to these models.
    DOE's definition of commercial refrigerator, freezer, and 
refrigerator-freezer specified at 10 CFR 431.62 includes a requirement 
that the equipment ``[h]as transparent or solid doors, sliding or 
hinged doors, a combination of hinged, sliding, transparent, or solid 
doors, or no doors.'' Based on this definition, DOE interprets the term 
``door'' to mean any movable component of the CRE unit that:
    1. when closed, separates the interior refrigerated space from the 
ambient air; and
    2. when opened, provides access to the refrigerated products inside 
the CRE unit.
    Thus, DOE considers drawers to be doors for purposes of DOE's 
regulatory program, including compliance with DOE's energy conservation 
standards. As such, drawers are treated as doors when conducting the 
DOE test procedure.
    To illustrate the comparable operation of models of commercial 
refrigeration equipment with drawers as compared to similar models with 
traditional doors, DOE tested several CRE units with drawers from 
multiple manufacturers using the current DOE test procedure and 
compared their performance to nearly identical units with hinged doors 
(belonging to the vertical closed solid, or VCS, equipment family) from 
the same manufacturer product lines. During the testing, DOE also 
studied the effect of drawer-opening distances by testing CRE units 
with drawers at three different drawer-opening distances: 33 percent, 
66 percent, and 100 percent (i.e., the drawers were opened to the 
maximum extent possible during the test but not removed from the tested 
unit entirely).
    In summary, DOE found that he drawered units performed similarly to 
the hinged-door units to which they were compared. Test results also 
indicate minimal variation in measured total daily energy consumption 
(TDEC) when the drawer opening distance is altered and DOE considers 
this variation insignificant given input tolerances and other factors 
in the test. Based upon the data, most of the variation in energy 
consumption apparently is caused by the opening of the drawer, and is 
not significantly affected by the amount the drawer is opened.
    Thus, DOE confirms that the door-opening requirements in the DOE 
test procedure apply to basic models of commercial refrigeration 
equipment with drawers, just as they do for CRE units with other types 
of hinged or sliding doors. That is, as required by the DOE test 
procedure at 10 CFR 431.64 for basic models with doors, referencing 
ASHRAE 72-2005 as incorporated, ``Each door shall be in the fully open 
position for six seconds, six times per hour for eight consecutive 
hours. Each door shall be opened sequentially, one at a time.'' DOE 
reaffirms that current energy conservation standards prescribed for 
commercial refrigeration equipment are applicable to CRE units with 
drawers. Likewise, any updated standards proposed for commercial 
refrigeration equipment with doors as part of the ongoing standards 
rulemaking are applicable to equipment with drawers.
    To clarify how DOE's regulatory scheme applies to basic models of 
CRE units with drawers, DOE proposes to add language to the definition 
section at 10 CFR 431.62, defining doors as being inclusive of drawers, 
as follows:
    Door means a movable panel that;
    (1) separates the interior volume of a unit of commercial 
refrigeration equipment from the ambient environment,
    (2) is designed to facilitate access to the refrigerated space for 
the purpose of loading and unloading product, and
    (3) is affixed such that it is not removable without the use of 
tools.
    This includes hinged doors, sliding doors, and drawers.
    DOE notes that this proposed definition only clarifies that CRE 
units with drawers are currently covered under DOE's existing standards 
and test procedures for the vertical, semi-vertical, or horizontal 
closed equipment categories.
    DOE requests comment on its proposed definition of ``door,'' and, 
in particular, its specification that the term is inclusive of drawers.
2. Transparent and Solid Doors
    In reviewing the CRE test procedures for commercial refrigeration 
equipment, DOE identified certain opportunities for clarification 
within the definitions and classifications of commercial refrigeration 
equipment with solid doors versus those with transparent doors. 
Specifically, DOE identified the following issues in its regulations:
    1. The word `transparent' is not defined,
    2. When a door is part transparent and part solid, there is no 
clear guidance that allows for the door's classification as either a 
transparent or solid door, and
    3. When a commercial refrigerator, freezer or refrigerator-freezer 
has more than one door such that one or more doors are solid and the 
remainder of the doors are transparent, there is no clear guidance for 
the determination of the maximum daily energy consumption of that 
particular model of commercial refrigerator, freezer or refrigerator-
freezer.
    As a result of inquiries from stakeholders regarding the 
characterization of certain types of commercial refrigeration 
equipment, DOE proposes to establish several new definitions and to 
clarify the test procedure requirements at 10 CFR 431.64 to ensure 
appropriate application.
a. Definition of Transparent
    The DOE test procedure for commercial refrigeration equipment, as 
amended by the 2012 test procedure final rule, incorporates by 
reference AHRI Standard 1200-2010. 77 FR at 10318 (Feb. 21, 2012). AHRI 
Standard 1200-2010 defines total display area (TDA) as ``the sum of the 
projected area(s) for visible product expressed in [square feet]'' and 
provides procedures for calculating the TDA of commercial refrigeration 
equipment with panels, end enclosures, doors, or other envelope 
components that have some transparent area(s). Appendix D of AHRI 
Standard 1200-2010 provides further guidance and examples to clarify 
the calculation of TDA. The appendix also defines a transparent 
material as that which allows at least 65 percent light transmittance. 
Therefore, based on AHRI Standard 1200-2010, a transparent door would 
be one partially or entirely composed of a material that allows greater 
than or equal to 65 percent light transmittance.
    In adopting a definition for transparent that is applicable to 
commercial refrigeration equipment, DOE has reviewed the definition of 
transparent presented in AHRI Standard 1200-2010, as well as other 
potential definitions. Light transmittance is a measurable property of 
a material, and a definition of transparent based on light 
transmittance would be unambiguous. Also, defining a transparent 
material based on light transmittance is an industry-accepted practice. 
However, the light transmittance of commercial refrigeration doors is 
not typically provided when the door is purchased, and requiring this 
evaluation may add unnecessary burden to the test procedure.

[[Page 64302]]

    Alternatively, DOE could consider referencing the purpose of a 
transparent door in commercial refrigeration equipment, which is to 
view refrigerated product through the closed door. While the alternate 
definition avoids imposition of additional test burden and addresses 
the plain language utility of including a transparent material in the 
construction of commercial refrigeration equipment, the interpretation 
of ``allows for viewing'' is subjective. For example, doors with 
special decals or colored glass may be difficult to unambiguously 
categorize as ``transparent'' or ``solid.''
    For this reason, DOE believes that adopting a quantifiable, 
unambiguous definition is the most effective method for determining 
transparency of materials for the purposes of categorizing commercial 
refrigeration equipment. Therefore, in this NOPR, DOE proposes to 
establish a definition of ``transparent'' based on 65% light 
transmittance, as follows:
    Transparent means greater than or equal to 65 percent light 
transmittance, as determined in accordance with ASTM Standard E 1084-86 
(Reapproved 2009), ``Standard Test Method for Solar Transmittance 
(Terrestrial) of Sheet Materials Using Sunlight'' at normal incidence.
    DOE is proposing to incorporate by reference the ASTM E 1084-86 
(Reapproved 2009) as the method for determining light transmittance. In 
selecting this test method, DOE reviewed available test procedures for 
measuring light transmittance through translucent materials, including 
methods from ASTM International and the NFRC. DOE determined ASTM E 
1084-86 (Reapproved 2009) to be the most widely applicable test method 
for measuring visible transmittance of transparent doors installed on 
commercial refrigeration equipment compared to the other ASTM and NFRC 
standards considered. Namely, DOE also considered ASTM 972-96 
(Reapproved 2007), ``Standard test method for solar photometric 
transmittance of sheet materials using sunlight,'' and NFRC 202-2012, 
``Procedure for Determining Translucent Fenestration Product Visible 
Transmittance at Normal Incidence.''
    DOE found that ASTM E 1084-86 (Reapproved 2009) serves as the basis 
for the ASTM E 972-96 (Reapproved 2007) and NFRC 202-1012, the primary 
standards for determining visible transmittance through fenestration 
products. Thus, ASTM E 1084-86 (Reapproved 2009) includes all the 
methods referenced in ASTM E 972-96 (Reapproved 2007) and NFRC 202-
2012, in addition to some products and procedures for which ASTM 972-96 
(Reapproved 2007) and NFRC 202-2012 do not apply. ASTM E 1084-86 
(Reapproved 2009) is applicable to glass, which is the transparent 
material commonly used in commercial refrigeration equipment, as well 
as translucent fiberglass and multicell plastic panels, which cannot be 
tested with a traditional methods using a spectrophotometer as required 
by ASTM E 972-96 (Reapproved 2007). Also, ASTM E 1084-86 (Reapproved 
2009) applies to textured panels or materials with similar non-flat 
characteristics, while NFRC 202-2012 is limited to translucent panels 
that do not have printed patterns or non-flat characteristics. Thus, 
DOE determined that ASTM E 1084-86 (Reapproved 2009) is widely 
applicable to transparent materials that would be used to construct 
commercial refrigeration equipment.
    ASTM E 1084-86 (Reapproved 2009) can be used to test the light 
transmittance of materials at angles up to 60[deg] off normal 
incidence. For the purposes of determining transparency for materials 
used in the construction of commercial refrigeration equipment, DOE 
proposes to specify that materials be tested at normal incidence. This 
is consistent with the definition of TDA, which references the 
projected area(s) for visible product where the projection is normal to 
the plane of the door, and the way customers typically view products 
through the door of a commercial refrigeration unit.
    DOE notes that determination of the light transmittance of a 
transparent material is not required in all cases to classify a basic 
model of commercial refrigeration equipment as equipment with 
transparent doors. Manufacturers may continue to specify equipment as 
belonging to a transparent equipment class (e.g., vertical closed 
transparent or horizontal closed transparent) or a solid without 
testing. In most cases, it will be obvious whether a material is 
transparent or not, so testing is not required to verify the 
classification of a material as transparent or not. However, in cases 
in which the amount of light transmittance is not obviously at least 
65%, such as basic models with special decals or opaque glass, the 
referenced test procedure must be used to determine if a material is 
transparent or not. Because use of this additional test procedure would 
not be required to determine the energy consumption of covered 
equipment in all cases, DOE does not believe this proposed amendment 
would add additional burden for most manufacturers conducting the DOE 
test procedure.
    DOE requests comments from interested parties on the proposal to 
define ``transparent'' based on the optical properties of the material, 
as determined by ASTM E 1084-86 (Reapproved 2009) as incorporated by 
reference.
b. Definition of Equipment With Transparent Doors Versus Solid Doors
    DOE received questions regarding what factors differentiate a CRE 
basic model as a transparent-door model or a solid-door model. In the 
energy conservation standards specified at 10 CFR 431.66, DOE refers to 
equipment families using the terms ``closed solid'' and ``closed 
transparent'' (for example vertical closed solid (VCS) and vertical 
closed transparent (VCT)). DOE believes defining terms that are used 
directly in the description of equipment classes for commercial 
refrigeration equipment is an appropriate way to differentiate basic 
models with solid doors from basic models with transparent doors. DOE 
proposes to add new definitions for ``closed solid'' and ``closed 
transparent'' to the regulatory text at 10 CFR 431.62 as follows:
    Closed transparent means equipment with doors, and in which 75 
percent or more of the outer surface area of all doors on the unit are 
transparent.
    Closed solid means equipment with doors, and in which more than 75 
percent of the outer surface area of all doors on a unit are not 
transparent.

These definitions would be used in conjunction with the proposed 
definition of transparent, as presented in section III.B.2.a, to 
categorize different basic models of commercial refrigeration 
equipment.
    In determining the fraction of transparent door surface area to 
qualify a basic model of commercial refrigeration equipment as 
equipment with transparent doors under the proposal, DOE established a 
level higher than 50 percent to ensure that only transparent doors with 
a majority of transparent surface area were considered transparent 
doors. DOE reviewed the definitions in the ENERGY STAR[supreg] \6\ 
``Version 2.1 Program Requirements for Commercial Refrigerators and 
Freezers'' \7\ (Version

[[Page 64303]]

2.1 Program Requirements), as well as associated stakeholder comments 
received during the development of the ENERGY STAR Version 2.1 Program 
Requirements.\8\ In response to stakeholder comments, the ENERGY STAR 
Version 2.1 Program Requirements adopted definitions of ``solid door'' 
and ``transparent door'' based on a threshold of greater than or equal 
to 75 percent of front surface. Based on these comments and consistent 
with the ENERGY STAR requirements, DOE proposes to adopt the 75-percent 
criterion for differentiating a transparent door from a solid door. DOE 
believes that 75 percent is a reasonable cutoff to differentiate 
between a transparent door and a solid door, as it would ensure that 
only cases, in which a door on at least one side where the majority of 
the surface area is transparent, would be treated as cases with 
transparent doors and subject to applicable standards for transparent 
cases based on TDA.
---------------------------------------------------------------------------

    \6\ ENERGY STAR is a joint program of the U.S. Environmental 
Protection Agency and DOE that establishes a voluntary rating, 
certification, and labeling program for highly energy efficient 
consumer products and commercial equipment. Information on the 
program is available at www.energystar.gov/index.cfm?c=home.index.
    \7\ U.S. Environmental Protection Agency. ENERGY STAR[supreg] 
Program Requirements for Commercial Refrigerators and Freezers: 
Eligibility Criteria; Version 2.1. Effective January 1, 2010. (Last 
accessed August 15, 2013.) http://www.energystar.gov/ia/partners/product_specs/program_reqs/Commercial_Refrigerator_and_Freezer_Program_Requirements.pdf?dae6-ef7c.
    \8\ See Continental Refrigerator, Comments on Specification for 
Commercial Refrigerators and Freezers, Version 2.0 Draft 3. Dated 
January 7. 2009. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Continental_Comments.pdf?f45c-2369; Beverage-Air Corporation, Beverage-Air 
Comments re: ENERGY VERSION 2.0--DRAFT 3, Dated January 8, 2009. 
Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Beverage-Air_Comments.pdf?f45c-2369 Anonymous, Comments on Draft 2. Dated 
September 15, 2008. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Anonymous_Comments.pdf?f45c-2369 True Manufacturing, Comments on Draft 2. 
Dated September 17, 2008. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/True_Comments.pdf?f45c-2369 Traulsen, Comments on Draft 1. Dated April 
18, 2008. Available at: https://www.energystar.gov/ia/partners/prod_development/revisions/downloads/refrig/Traulsen_Comments.pdf?f45c-2369.
---------------------------------------------------------------------------

    As an example of how these definitions would apply to a basic model 
of commercial refrigeration equipment, consider a vertical closed 
refrigerator with three transparent doors on the front, with a surface 
area of 9 ft\2\ each, and one solid door on the back, with an outer 
surface area of 9 ft\2\. This case's doors have a surface area of 36 
ft\2\, 75 percent of which is transparent. Thus, this basic model would 
be treated as a part of the vertical closed transparent equipment 
family under DOE's proposed definition. On the other hand, if the 
bottom third of each door were covered by an opaque mullion or 
covering, this would reduce the transparent surface area of each door 
to 6 ft\2\, or 18 ft\2\ in total and increase the solid surface area to 
18 ft\2\ in total. In this case, the basic model would be treated as 
part of the vertical closed solid equipment family.
    DOE requests comment on its proposed definitions of the terms 
``closed transparent'' and ``closed solid.''
3. Hybrid Equipment and Commercial Refrigerator-Freezers
    DOE also received a question about the definition of a commercial 
hybrid refrigerator-freezer and appropriate standards for covered 
equipment in that class.
    At 10 CFR 431.62, DOE defines a commercial hybrid refrigerator, 
freezer, or refrigerator-freezer as having two or more chilled and/or 
frozen compartments that are in two or more different equipment 
families, contained in one cabinet, and sold as a single unit.
    In other words, DOE currently defines a commercial hybrid 
refrigerator, freezer, or refrigerator-freezer as a single unit 
consisting of two or more distinct refrigerated compartments that do 
not belong to the same equipment family. For the sake of greater 
clarity, DOE proposes to replace the definition of ``commercial hybrid 
refrigerator, freezer, and refrigerator-freezer'' with a definition of 
``commercial hybrid,'' and introduce a new definition of ``commercial 
refrigerator-freezer.'' Currently, there is no definition for 
commercial refrigerator-freezer at 10 CFR 431.62, and thus DOE proposes 
one here.
    DOE proposes definitions for ``commercial hybrid,'' and 
``commercial refrigerator-freezer'' as set out in the proposed 
amendments to 10 CFR 431.62 in this NOPR.
    According to these proposed definitions, a commercial hybrid 
refrigerator-freezer would be a unit that satisfies the definition of 
``commercial hybrid'' and the definition of ``commercial refrigerator-
freezer.'' A commercial (non-hybrid) refrigerator-freezer is a unit 
that satisfies the definition of commercial refrigerator-freezer but 
does not satisfy the definition of commercial hybrid refrigeration 
unit.
    An example of a commercial hybrid refrigerator, freezer, or 
refrigerator-freezer is a self-contained CRE basic model with two 
compartments, one belonging to the vertical closed transparent (VCT) 
equipment family and the other belonging to the horizontal open (HZO) 
equipment family. If one compartment (of the VCT-HZO hybrid unit) is 
designed to operate in the freezer temperature range and the other in 
the refrigerator temperature range, then the basic model is a 
commercial hybrid refrigerator-freezer. By contrast, if a basic model 
of commercial refrigeration equipment contains two compartments, both 
of them belonging to the VCT equipment family, but one operates in the 
refrigerator temperature range and the other in the freezer temperature 
range, the basic model is a commercial (non-hybrid) refrigerator-
freezer.
    The method to calculate the maximum daily energy consumption of 
commercial hybrid refrigerators, freezers, and refrigerator-freezers 
other than (non-hybrid) refrigerator-freezers with solid doors is 
described at 10 CFR 431.66(d)(2). For (non-hybrid) refrigerator-
freezers with solid doors, the standard is specified at 10 CFR 
431.66(b).
    DOE requests comment on the clarity and sufficiency of the proposed 
definitions for ``commercial hybrid'' and ``commercial refrigerator-
freezer.''

C. Relationship Among Rating Temperature, Operating Temperature, and 
Integrated Average Temperature

    Since publication of the 2012 test procedure final rule, DOE has 
received inquiries from interested parties regarding the terminology 
used to describe the operating temperatures and appropriate rating 
temperatures for commercial refrigeration equipment for which standards 
have been specified in 10 CFR 431.66. Currently, the table at 10 CFR 
431.66(d)(1) describing the energy conservation standards for equipment 
other than hybrid equipment, refrigerator-freezers, and wedge cases 
refers to the ``rating temperature'' and ``operating temperature'' of 
equipment.
    The table describing the applicable test procedure for covered 
equipment at 10 CFR 431.64(b)(3) refers to the term ``integrated 
average temperature.'' DOE defines ``integrated average temperature'' 
as ``the average temperature of all the test package measurements taken 
during the test.'' 10 CFR 431.62 ``[R]ating temperature'' is the 
integrated average temperature at which a model of commercial 
refrigeration equipment should be evaluated in accordance with the DOE 
test procedure. ``[O]perating temperature'' refers to the range of 
integrated average temperatures at which the unit of commercial 
refrigeration equipment is capable of operating. The operating 
temperature provides a means for differentiating among refrigerators, 
freezers, and ice-cream freezers. For example, a commercial 
refrigerator has an operating temperature range at or above 32 [deg]F 
and should be tested, in accordance with the

[[Page 64304]]

DOE test procedure, with the integrated average temperature maintained 
at the rating temperature of 38 [deg]F for refrigerators. A commercial 
freezer with an operating temperature range below 32 [deg]F should be 
tested, in accordance with the DOE test procedure, with the integrated 
average temperature maintained at the rating temperature for freezers 
of 0 [deg]F. 10 CFR 431.66(d)(1) The ``rating temperature'' in the 
standards table at 10 CFR 431.66(d)(1) is the same as the rating 
temperature in the table at 10 CFR 431.64(b)(3), except that the 
integrated average temperature in the table at 10 CFR 431.64(b)(3) has 
a tolerance of 2 [deg]F to account for the inherent 
variability associated with testing.
    The integrated average temperature is determined as a result of 
testing, while the rating temperature is a nominal value representing 
the target integrated average temperature for a given test. The 
intended relationship between these two terms is that, when testing a 
given unit of commercial refrigeration equipment, the integrated 
average temperature observed during the test should fall within the 
allowed tolerance (2 [deg]F) of the prescribed rating 
temperature for that unit, based on its designated equipment class. The 
designated equipment class for a model of commercial refrigeration 
equipment and, thus, the associated rating temperature, are determined 
based on the range of operating temperatures for that unit, among other 
factors.
    To clearly articulate the relationship between these terms in the 
language at 10 CFR part 431, subpart C, DOE proposes to amend 10 CFR 
431.64 to state that the integrated average temperature determined as a 
result of testing a unit shall be within 2 [deg]F of the 
prescribed rating temperature for that unit's equipment class, as 
specified in the table at 10 CFR 431.66(d)(1). DOE also proposes to 
include definitions for the terms ``rating temperature'' and 
``operating temperature'' at 10 CFR 431.62 as follows:
    Rating temperature means the integrated average temperature a unit 
must maintain during testing (i.e., either as listed in the table at 10 
CFR 431.66(d)(1) or the lowest application product temperature).
    Operating temperature means the range of integrated average 
temperatures at which a commercial refrigeration unit is capable of 
operating.
    DOE believes that these definitions would provide clarification of 
the relationship among the terms integrated average temperature, rating 
temperature, and operating temperature.
    While DOE uses the operating temperature range of the equipment to 
establish the appropriate equipment class for CRE basic models based on 
the standards table at 10 CFR 431.66(d)(1), only the definition of 
``ice-cream freezer'' explicitly identifies the appropriate operating 
range (i.e., at or below -5 [deg]F). 10 CFR 431.62. In fact, DOE 
currently does not independently define ``commercial refrigerator'' or 
``commercial freezer.'' Therefore, DOE also proposes to establish 
definitions for ``commercial refrigerator'' and ``commercial freezer'' 
as set out in the proposed amendments to 10 CFR 431.62 in this NOPR.
    DOE has proposed a definition for ``commercial refrigerator-
freezer'' above (see section III.B.3), and DOE's definition of ``ice-
cream freezer'' can be found at 10 CFR 431.62. The definition of ice-
cream freezer specifies additional requirements for a freezer to be 
classified as an ice-cream freezer. The definition for ice-cream 
freezer included at 10 CFR 431.62 states that an ice-cream freezer 
means a commercial freezer that is designed to operate at or below -5 
[deg]F (-21 [deg]C) and that the manufacturer designs, markets, or 
intends for the storing, displaying, or dispensing of ice cream.
    DOE recognizes that some basic models may have operating 
characteristics that include an operating temperature range that spans 
multiple equipment classes. For example, a CRE model with an operating 
temperature range of >15 [deg]F and <36 [deg]F meets the definition of 
both a commercial refrigerator (capable of operating at or above 32 
[deg]F) and a commercial freezer (capable of operating below 32 
[deg]F). The current language does not make clear how to categorize 
this model. DOE is proposing language that specifies how to 
appropriately characterize basic models operating over temperature 
ranges that span multiple equipment classes. Specifically, DOE proposes 
that equipment meeting the definition of multiple equipment classes 
when operated as intended by the manufacturer would have to be tested 
and certified as each of these equipment classes to demonstrate 
compliance with DOE's energy conservation standards. The CRE model 
described above with an operating temperature range of >15 [deg]F and 
<36 [deg]F would need to be tested and certified as both a commercial 
refrigerator and a commercial freezer.
    DOE requests comment on its proposed definitions for ``operating 
temperature'' and ``rating temperature,'' and its proposal to clarify 
the relationship between integrated average temperature and rating 
temperature. DOE also requests comment on its proposed definitions of 
``commercial refrigerator'' and ``commercial freezer.''

D. Proper Configuration and Use of Components or Features in the DOE 
Test Procedure

    DOE has received several inquiries from interested parties 
regarding the proper configuration and use of certain components or 
features specified in the DOE test procedure. Specifically, interested 
parties have inquired regarding how energy management systems and case 
lighting are to be operating when conducting the DOE test procedure, 
and the appropriate temperatures of test packages when loaded into the 
test unit. These inquiries and DOE's responses are summarized in the 
subsequent sections.
1. Energy Management Systems
    DOE has received inquiries from interested parties regarding how to 
test CRE units equipped with automated energy management controls, 
specifically those that turn off merchandising lights and raise the 
cabinet temperature (in the case of some beverage merchandisers) 
outside of normal merchandising hours.
    The DOE test procedure specifies that all devices that would 
normally be used in the field must be installed and operated in the 
same manner during the test unless such installation and operation is 
inconsistent with any requirement of the test procedure.\9\ Such 
devices include energy management systems. DOE interprets energy 
management systems as meaning electronic devices that control specific 
systems in commercial refrigeration equipment to save energy. Moreover, 
DOE research indicates that applicable energy management systems are 
permanently installed on the case and configured to operate 
automatically without the intervention of an operator after 
configuration is complete. For example, an operator may be required 
initially to program the energy management device to turn off case 
lighting based on a particular schedule. However, once programmed, an 
energy management system would continue to perform the desired 
function, in this case altering case lighting automatically without 
further intervention by the operator. Further examples of the functions 
of energy management systems include, but are not limited to:
---------------------------------------------------------------------------

    \9\ ASHRAE 72-2005, section 6.1.1, ``Accessories,'' as 
incorporated by reference into the DOE test procedure at 10 CFR 
431.64.

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

[[Page 64305]]

     Turning off cabinet lights on a predetermined schedule or 
in response to an external variable;
     increasing the temperature setting of the thermostat (in 
refrigerators that store non-perishable items) during non-merchandizing 
hours; and
     activating and deactivating anti-sweat heaters, pan 
heaters, or defrost heaters.
    If normal field installation or operation of any device would be 
inconsistent with any test procedure requirement, then the specific 
function of that device that causes inconsistency with the DOE test 
procedure provisions must be disabled for the duration of the test. If 
the device is designed for multiple functions, only those functions of 
the device that cause inconsistency with the DOE test procedure 
requirements must be disabled.
    For example, the DOE test procedure requires that all equipment 
that can operate at the DOE-specified rating temperatures (i.e., 38 
 2 [deg]F, 0  2 [deg]F, and -15  2 
[deg]F) be operated at those rating temperatures during the test. 10 
CFR 431.64 If an energy management system raises or lowers the cabinet 
temperature such that the applicable integrated average temperature 
cannot be maintained within the rating temperature ranges, then the 
function of the energy management system that varies the cabinet 
temperature must be disabled for the duration of the test. If the 
energy management system controls other systems, in addition to cabinet 
temperature, those functions of the energy management system should 
remain enabled, provided those functions do not violate the 
requirements of the DOE test procedure. Therefore, if the installed 
energy management system is not able to disable those functions that 
violate certain test procedure provisions while other functions remain 
operational, the entire energy management system must be disabled 
during testing.
2. Lighting
    DOE received an inquiry from an interested party regarding the 
appropriate position for a manual light switch when testing commercial 
refrigeration equipment with an operable light switch.
    The DOE test procedure specifies that all devices that would 
normally be used in the field must be installed and operated in the 
same manner during the test. 10 CFR 431.64. Specifically, ARI Standard 
1200-2006 (as incorporated by reference in the 2006 test procedure 
final rule) and AHRI Standard 1200-2010 (as incorporated by reference 
in the 2012 test procedure final rule and this proposed test procedure 
update) specify that the TDEC or combined daily energy consumption 
(CDEC) for self-contained or remote condensing cases, respectively, 
``shall include compressors, evaporator fan motors, condensing fan 
motors, lighting, anti-condensate loads including fans and heaters, 
defrost heaters, condensate evaporator pans, and any other suitable 
electrical loads when they are part of the unit.'' This explicit 
reference to case lighting loads indicates that the energy consumption 
associated with lights installed on a model of commercial refrigeration 
equipment are intended to be captured during testing.
    In addition, the DOE test procedure, through AHRI Standard 1200-
2010, references ASHRAE 72-2005, ``Method of Testing Commercial 
Refrigerators and Freezers,'' to specify the appropriate test apparatus 
and conditions suitable for determining the energy consumption of 
commercial refrigeration equipment. 10 CFR 431.64. ASHRAE 72-2005 
specifies, in section 6.1.1, ``Accessories,'' that ``all standard 
components, such as shelves, end enclosures, lights, anti-condensate 
heaters, racks, and similar items that would normally be used during 
shopping or working periods, shall be installed and used as recommended 
by the manufacturer.'' DOE interprets this requirement to mean that if 
lighting is installed on the case, the lighting should be operated as 
intended to be used in the field. For example, if a vertical solid case 
has lighting installed within the case that turns on only when the door 
is opened, but remains off when the doors are closed, the lighting in 
that case should be left to operate in the same manner during testing. 
In other words, the lighting should be turned on only during the 
periods of the test when the door is required to be open.
    In the 2012 test procedure final rule, DOE adopts specific 
provisions for testing lighting control systems that have variable 
operation, such as lighting occupancy sensors that control lighting 
based on the presence of customer activity in front of the case and 
scheduled controls that control case lighting based on a pre-set 
schedule. 77 FR at 10298-302 (Feb. 21, 2012). Due to the variety of 
types of lighting controls and schemes available on the market, the 
existing provisions for ``accessories'' may prove insufficient to yield 
consistent results during testing. Therefore, in the 2012 test 
procedure final rule, DOE establishes specific time periods these 
variable lights may be turned off or dimmed during the test to account 
for energy savings due to installed occupancy sensors or scheduled 
lighting controls. 77 FR at 10319-10320 (Feb. 21, 2012).
    DOE wishes to clarify that a mechanical light switch does not 
constitute an energy management system, such as scheduled lighting 
controls or occupancy sensors. Models of commercial refrigeration 
equipment with lighting installed on the case and no energy management 
system should be tested with lights on to their maximum illumination 
level for the duration of the test, except for models with solid doors 
in which the manufacturer instructs the use of lighting controls that 
automatically turn off internal case lighting when the door is closed. 
For such models, the lighting control should be operated in the 
automatic setting, consistent with manufacturer recommendations, even 
if the model has a manual switch that disables the automatic lighting 
control. In general, except for the case noted above, any lighting 
controls with a user-selectable setting must be turned on and set to 
the maximum usage position. Under the current CRE test procedure, 
models featuring an automatic, non-user adjustable controller, such as 
a lighting occupancy sensor or scheduled lighting controller, must be 
disabled such that any case lighting is in its maximum illumination 
setting during testing. After the provisions adopted in the 2012 test 
procedure become effective, in association with the compliance date of 
any amended standards for commercial refrigeration equipment, models 
with lighting occupancy sensors or scheduled lighting controls should 
be operated in accordance with the 2012 amendments to the DOE test 
procedure for commercial refrigeration equipment. 77 FR at 10319-10320 
(Feb. 21, 2012). For further discussion of energy management systems, 
please refer to section III.D.1.
    To clarify DOE's existing test procedure, DOE proposes to specify 
in appendix A to Subpart C that all lighting must be energized to the 
maximum illumination level for the duration of testing for commercial 
refrigeration equipment except for closed solid models of commercial 
refrigeration equipment which includes automatic controls that disable 
case lighting when the door is closed, the use of which is specified by 
the manufacturer instructions. DOE also proposes to specify in appendix 
B to subpart C, which will be required for equipment testing on or 
after the compliance date of any amended energy conservation standards, 
that case lighting shall be energized to its maximum illumination 
level, except for when a model of commercial

[[Page 64306]]

refrigeration equipment is equipped with lighting occupancy sensors 
and/or scheduled controls, or when the a model is outfitted with other 
permanently installed, automatic energy management systems that control 
case lighting. If the unit includes an automatic lighting control 
system, it should be enabled during test. If the unit is equipped with 
lighting occupancy sensors and controls in should be tested in 
accordance with the provisions adopted in the 2012 test procedure final 
rule. 77 FR at 10319-10320 (Feb. 21, 2012).
3. Test Package Temperatures
    Some manufacturers have inquired whether the DOE test procedure has 
specific temperature requirements for the test simulators and filler 
packages that must be met prior to loading the packages in the 
commercial refrigeration equipment for testing pursuant to the DOE test 
procedure found at 10 CFR 431.64. Specifically, several manufacturers 
have expressed the opinion that test simulators and filler packages 
should be pre-chilled to the temperature at which the equipment will be 
tested prior to loading. The manufacturers expressed concern that 
equipment should not be operating in a pull-down capacity \10\ during 
the test.
---------------------------------------------------------------------------

    \10\ Pull-down capacity refers to a commercial refrigerator, 
freezer, or refrigerator-freezer, which is not operating in steady-
state condition, but is instead actively reducing the temperature of 
products contained within the refrigerated space.
---------------------------------------------------------------------------

    The ASHRAE 72-2005 method of test, as referenced by ARI Standard 
1200-2006 and AHRI Standard 1200-2010, and thus incorporated by the DOE 
test procedure at 10 CFR 431.64, provides specific instruction at 
section 6.2 as to the loading of test simulators and filler packages. 
ASHRAE 72-2005 also requires temperature stabilization before the 
formal test period begins, as detailed in Section 7.4. Specifically, 
the unit must run until ``steady state'' conditions, as defined in 
section 3, are achieved. ``Steady state'' is defined as ``the condition 
where the average temperature of all test simulators changes less than 
0.2 [deg]C (0.4 [deg]F) from one 24-hour period or refrigeration cycle 
to the next.'' After steady-state operation is reached, the unit must 
then operate for another period of 12 hours without any adjustment to 
the controls before it is deemed to be stabilized and the testing can 
begin. Based on these established stabilization requirements, the 
product simulators and test packages would be cooled to the test 
temperature prior to initiation of the test period and data collection, 
and the unit of commercial refrigeration equipment under test would not 
operate in a pull-down application during any part of the DOE test 
procedure. Thus, DOE does not believe the product simulators or test 
packages need to be a specified temperature prior to loading in the 
commercial refrigeration equipment for testing.

E. Treatment of Other Specific Equipment Features and Accessories 
During Testing

    During the ongoing negotiated rulemaking for certification of 
commercial heating, ventilation, air conditioning, refrigeration, and 
water heating equipment, a number of issues were raised by stakeholders 
regarding the treatment during the DOE test procedure of specific 
features, components, and accessories which may be in place on certain 
basic models of commercial refrigeration equipment. After discussion 
with those stakeholders during the negotiation proceedings, DOE seeks 
to issue clarifications on these subjects. The ensuing sections discuss 
specific features, components, and accessories and present DOE's 
proposals regarding how these items should be treated under the 
existing and any amended DOE test procedure provisions.
1. Customer Display Signs/Lights
    Manufacturers stated that some customers, when ordering commercial 
refrigeration equipment, may wish to add additional exterior signage, 
outside of the body of the refrigerated cabinet, to certain units of a 
given model for the purposes of advertising the product inside. This 
lighting and signage is optional and is not integral to the cabinet. 
Further, this auxiliary signage does not serve to illuminate product 
inside the body of the cabinet. During the negotiations, stakeholders 
inquired regarding how this lighting or signage should be treated 
during testing.
    DOE proposes that under the DOE test procedure, all lighting that 
is integral to the refrigerated cabinet or illuminates the product 
contained within must be operational during the test. Under DOE's 
proposal, supplemental lighting that exists solely for the purposes of 
advertising or drawing attention to the case and is not integral to the 
case would not be operated during testing under the DOE test procedure. 
DOE is proposing to add clarifying language in the regulatory text to 
address customer display signs/lights.
2. Condensate Pan Heaters and Pumps
    Commercial refrigeration equipment captures water from the air 
entering the cabinet during operation by causing the water to condense 
and then freeze on the evaporator coil of the equipment. During a 
defrost cycle, this frost is melted, and the meltwater produced must be 
removed from the unit. In many types of equipment, this meltwater is 
collected in a pan beneath the unit. Some models of commercial 
refrigeration equipment come equipped with electric resistance heaters 
which evaporate this water out of the pan and into the ambient air. 
Other models may come equipped with pumps, which pump meltwater to an 
external drain. Stakeholders inquired regarding the treatment of these 
condensate pan heaters and condensate pumps under the DOE test 
procedure.
    DOE proposes that, during the DOE test procedure, these electric 
resistance heaters and condensate pumps must be installed and 
operational during the entire test (as per section 6.1.1, 
``Accessories,'' of ASHRAE 72-2005). The ``entire test'' includes 
stabilization (including pull-down), steady-state and performance 
testing periods. Prior to the start of the stabilization period, as 
defined by ASHRAE 72-2005, the condensate pan should be dry. During the 
entirety of the period of the test following the start of the 
stabilization period, any condensate moisture generated should be 
allowed to accumulate in the pan, as it would during normal operations. 
Water should not be manually added to or removed from the condensate 
pan at any time during the entire test.
    DOE is aware that manufacturers may offer condensate pan heaters 
and pumps such that they are shipped separately from, or not installed 
upon, the specific unit of commercial refrigeration equipment with 
which they would be used in normal operation. DOE proposes that, if the 
manufacturer offers a given basic model for sale with an available 
condensate pan heater or pump, the manufacturer must make 
representations of the performance of the basic model as tested with 
the feature in place. DOE is proposing to add clarifying language in 
the regulatory text to address condensate pan heaters and pumps.
3. Anti-Sweat Door Heaters
    Many transparent-door cases come equipped with anti-sweat electric 
resistance heaters that serve to evaporate any water that condenses on 
the transparent surface of the door during operation. In some 
instances, manufacturers may equip their cases with higher-powered 
anti-sweat heaters in anticipation of potential adverse operation 
conditions. During the negotiation proceedings, stakeholders

[[Page 64307]]

questioned how cases equipped with high-wattage anti-sweat door heaters 
should be treated during testing.
    DOE proposes that anti-sweat heaters should be operational during 
testing under the DOE test procedure. Models with a user-selectable 
setting must be turned on and set to the maximum usage position. Models 
featuring an automatic, non-user adjustable controller that turns on or 
off based on environmental conditions must be operating in the 
automatic state. Additionally, DOE proposes that, if a unit is not 
shipped with a controller from the point of manufacture, and is 
intended to be used with a controller, the manufacturer must make 
representations of the basic model based upon the rated performance of 
that basic model as tested when equipped with an appropriate 
controller. DOE is proposing to add clarifying language in the 
regulatory text to address anti-sweat door heaters.
4. Ultraviolet Lights
    Some manufacturers equip certain models of commercial refrigeration 
equipment with ultraviolet lights, which can be operated by end users 
to neutralize pathogens and ensure case cleanliness. Manufacturers 
inquired as to how these should be treated during the DOE test 
procedure. DOE proposes that ultraviolet lights should not be turned on 
during the conduct of the test procedure and is adding regulatory text 
to clarify.
5. Illuminated Temperature Displays and Alarms
    Manufacturers may equip some commercial refrigeration equipment 
models with illuminated displays that provide visual information to the 
equipment operator regarding, for example, the temperature inside the 
refrigerated case. Manufacturers may also offer alarms that notify 
operators if the case temperature falls outside of a specified range. 
DOE understands these items to be features integral to the design of 
the given model and proposes that they should be enabled during the 
test as they would be during normal field operation. DOE is proposing 
to add clarifying language in the regulatory text to address 
illuminated temperature displays and alarms.
6. Condenser Filters
    Manufacturers may offer models equipped with non-permanent filters 
over a model's condenser coil to prevent particulates such as flour 
from blocking the condenser coil and reducing airflow. DOE proposes 
that these filters should be removed during the DOE test procedure and 
proposes to add clarifying language as part of the regulatory text.
7. Refrigeration System Security Covers
    Manufacturers may offer for sale with a basic model an option to 
include straps or other devices to secure the condensing unit and 
prevent theft or tampering. DOE proposes that these security devices 
should be removed during testing under the DOE test procedure and 
proposes to add clarifying language as part of the regulatory text.
8. Night Curtains and Covers
    During the negotiated rulemaking proceedings, manufacturers 
inquired regarding the treatment of night curtains and night covers 
under the DOE test procedure. This feature is defined at 10 CFR 431.62, 
as a device that is deployed temporarily to decrease air exchange and 
heat transfer between the refrigerated case and the surrounding 
environment. Additionally, the proper treatment of these components 
during the conduct of the DOE test procedure is discussed in the 
current text of the DOE test procedure, 10 CFR 431.64, as amended by 
the 2012 DOE test procedure final rule. These provisions are reflected 
at section 1.2.10 in appendix B. Night curtains may not be used when 
testing under appendix A.
9. Grill Options
    Manufacturers may offer for sale with a basic model optional grills 
which are used to direct airflow in unique applications, such as when a 
unit is mounted close to a rear wall and the airflow needs to be 
directed upwards. DOE proposes that, if present, non-standard grills 
should be removed during testing under the DOE test procedure and 
proposes to add clarifying language as part of the regulatory text.
10. Coated Coils
    During the negotiations, manufacturers inquired as to whether units 
featuring coated coils are subject to testing under the DOE test 
procedure. These coils, generally specified for use in units that will 
be subjected to environments in which acids or oxidizers are present, 
are treated with an additional coating (such as a layer of epoxy or 
polymer) as a barrier to protect the bare metal of the coil from 
deterioration through environmental contact. DOE believes the existing 
DOE test procedure accurately accounts for the performance of all types 
of coils, including those with coatings and that no additional 
accommodations or clarifications are needed in the test procedure. 
Commercial refrigeration equipment with coated coils shall be tested in 
accordance with the DOE test procedure, as specified at appendices A 
and B to subpart C of 10 CFR part 431, in their entirety.
11. Internal Secondary Coolant Circuits
    One manufacturer asked for clarification of the treatment of a unit 
that features an internal, secondary, working fluid that is cooled by a 
remote condensing unit. This proprietary design purportedly allows for 
greater control of unit temperature, and may present other attributes 
desirable to a customer. Upon discussion and examination of the design 
during the negotiation proceedings, DOE found no evidence indicating 
that this design could not be tested using the DOE test procedure as 
written, as the operation of equipment with internal secondary coolant 
circuits would be effectively the same as that of a standard remote 
condensing case from the perspective of the test procedure.
12. Wedge Cases
    Wedge cases are models of commercial refrigeration equipment that 
fit between two other cases to fill a gap (such as in a corner) in a 
continuous case lineup. They may require air spillover from adjacent 
cases to meet the manufacturer's design temperatures. During the 
negotiation proceedings, manufacturers inquired as to how wedge cases 
should be treated under the DOE test procedure.
    DOE considered the coverage and testing of wedge cases in the 2009 
energy conservation standards final rule. Based on that assessment, DOE 
understands that wedge cases meet the definition of commercial 
refrigeration equipment and fall into existing CRE equipment classes. 
At this time, DOE is unaware of any technical attributes that prevent 
wedge cases from being tested using the DOE test procedure, or where 
the DOE test procedure is not representative of the energy use of a 
given basic model of wedge case. If manufacturers determine that these 
circumstances exist, they may seek a test procedure waiver for that 
model pursuant to DOE regulations at 10 CFR 431.401. Consistent with 
these regulations, DOE will consider amendments to its test procedure 
to accommodate such equipment.
13. Misting or Humidification Systems
    Manufacturers may offer for sale with a basic model optional 
misting or humidification systems, which dispense a water mist used to 
maintain the

[[Page 64308]]

optimal quality of products. These are commonly used with cases 
containing, for example, fresh produce, meat, or seafood. DOE proposes 
that, if present, these systems should be inactive during testing under 
the DOE test procedure and proposes to add clarifying language as part 
of the regulatory text.
14. Air Purifiers
    Manufacturers may offer for sale purifying systems to remove 
contaminants from air recirculated within the interior of a 
refrigerated case. DOE proposes that air purifiers should be inactive 
during testing under the DOE test procedure and proposes to add 
clarifying language as part of the regulatory text.
15. General Purpose Outlets
    Some commercial refrigeration equipment may be offered for sale 
with integrated general purpose electrical outlets, which may be used 
to power additional equipment such as scales or slicers. During the 
negotiations, manufacturers inquired as to the treatment of these 
outlets. DOE proposes that, during testing under the DOE test 
procedure, no external load should be connected to the general purpose 
outlets contained within a unit and proposes to add clarifying language 
as part of the regulatory text.
16. Crankcase Heaters
    Some models of self-contained commercial refrigeration equipment 
feature electric resistance heaters designed to keep the compressor 
warm in order to maintain the refrigerant contained within at optimal 
conditions when the unit is operating at low ambient temperatures. DOE 
proposes that, if present, crankcase heaters should be operational 
during the test. Under this proposal, if a control system, such as a 
thermostat or electronic controller, is used to modulate the operation 
of the crankcase heater, it should be used as intended per the 
manufacturer's instructions. DOE is proposing to add clarifying 
language regarding testing units with crankcase heaters.
17. Interior/Exterior Liners
    Manufacturers may offer for sale a variety of different interior or 
exterior liner materials with a given commercial refrigeration 
equipment basic model. These liners, by virtue of differences in 
thickness, composition, and other physical attributes, could change the 
insulative properties of the case walls, and thus alter the energy 
consumption of the case. Manufacturers inquired during the negotiations 
regarding the treatment of cases with different interior or exterior 
liners. The test procedure estimates the heat loss from the 
refrigerated space to the surroundings by measuring the amount of 
energy needed to maintain the refrigerated space at the given rating 
temperature. Consequently, DOE believes that the DOE test procedure 
adequately accounts for variability in the energy consumption of models 
with different liner types just as it accounts for the difference 
energy performance of models with varying levels of insulation. 
Therefore DOE is not proposing any additional measures to accommodate 
these equipment features.

F. Rounding of Test Results and Certified Ratings

    DOE's requirements for calculating test results and certified 
ratings for covered commercial refrigeration equipment are found at 10 
CFR 431.64 and 10 CFR 429.42, respectively. The DOE test procedure 
currently prescribes that the daily energy consumption of a unit of 
commercial refrigeration equipment must be determined in accordance 
with the DOE test procedure. The current DOE test procedure, which 
incorporates by reference provisions from ARI Standard 1200-2006 and 
AHRI Standard 1200-2010, requires that the CDEC, for remote condensing 
equipment, and the TDEC, for self-contained refrigeration equipment, be 
expressed in terms of kilowatt-hours (kWh) per day and must be stated 
in increments of 0.01 kWh per day.
    Consequently, DOE is proposing clarifications to 431.64 that all 
calculations in the DOE test procedure must be carried out using raw, 
measured values, and the results from the testing of a single unit of a 
given basic model should be expressed in 0.01 kWh per day.
    Similarly, DOE notes that these calculation and rounding 
requirements are also applicable to reporting certified ratings for a 
basic model, in accordance with the requirements for certified ratings 
for commercial refrigeration equipment described at 10 CFR 429.42. 
Therefore, DOE also proposes to update the language at 10 CFR 429.42 to 
reflect the same rounding requirements, namely that certified ratings 
shall be expressed in 0.01 kWh per day increments.
    DOE requests comment on its proposed rounding provisions for 
commercial refrigeration equipment.

G. Testing at the Lowest Application Product Temperature

    DOE defines equipment classes for commercial refrigeration 
equipment based on three distinct operating temperature ranges: (1) 
Refrigerators that have operating temperatures at or above 32 [deg]F 
and are tested at a rating temperature of 38 [deg]F (2 
[deg]F); (2) freezers that have operating temperatures below 32 [deg]F 
and are tested at a rating temperature of 0 [deg]F (2 
[deg]F); and (3) ice-cream freezers that have operating temperatures at 
or below -5 [deg]F and are tested at a rating temperature of -15 [deg]F 
(2 [deg]F). 10 CFR 431.64; id. Sec.  431.66(d)(1).
    In the 2012 test procedure final rule, DOE establishes provisions 
for testing equipment that is not capable of achieving the prescribed 
rating temperature for its respective equipment class. This equipment 
includes, for example, floral cases, which commonly feature operating 
temperatures of 40-50 [deg]F, and ice storage cases, which often have 
operating temperatures near 20 [deg]F. These equipment types do not 
have operating temperatures that are low enough to meet their 
respective rating temperature requirements. The 2012 test procedure 
amendments specify that such equipment must be tested at its lowest 
application product temperature (LAPT), instead of the specified rating 
temperature for its given equipment class. 77 FR at 10320 (Feb. 21, 
2012). DOE regulations at 10 CFR 431.62 define LAPT as an integrated 
average temperature closest to the specified rating temperature for a 
given piece of equipment achievable which is repeatable such that the 
integrated average temperature of a given unit is within 2 
[deg]F of the average of all integrated average temperature values for 
that basic model. For cases with thermostats, this will be the lowest 
thermostat set point. DOE adopted this provision to eliminate the need 
for waivers for commercial refrigeration equipment that are not capable 
of operating at the prescribed rating temperature for their equipment 
class, but that otherwise can be tested in accordance with the DOE test 
procedure.
    To clarify, if a certain basic model of commercial refrigeration 
equipment cannot be operated at the prescribed rating temperature for 
its given equipment class, the manufacturer must test the equipment at 
the LAPT. The equipment must be tested in accordance with all the 
requirements of the DOE test procedure, except that the rating 
temperature for this equipment will be the LAPT and the integrated 
average

[[Page 64309]]

temperature measured during the test will be within 2 
[deg]F of the LAPT instead of within 2 [deg]F of the 
prescribed rating temperature for that equipment class.
    The LAPT is the lowest temperature at which a given basic model is 
capable of operating. For example, if a basic model of freezer has an 
operating range from 8 to 28 [deg]F, and thus cannot operate at the 
prescribed rating temperature of 0 [deg]F, that basic model would be 
tested at its LAPT. The LAPT for the case in this example would be 8 
[deg]F because that is the lowest operating temperature achievable by 
the basic model. However, 8 [deg]F would be the LAPT for the given 
basic model only if any unit of this basic model could achieve the 
specified LAPT of 8 [deg]F  2 [deg]F. To elaborate, if DOE 
were to randomly select a representative unit of this model to test for 
compliance purposes, DOE should be able to test the unit such that an 
integrated average temperature between 6 [deg]F and 10 [deg]F is 
maintained over the duration of the test procedure after setting the 
unit to maintain an internal refrigerated temperature of 8 [deg]F. The 
selected unit must not be able to operate at 0 [deg]F.
    To clarify the intent and application of the LAPT, DOE proposes to 
modify the definition of LAPT as follows as set out in the proposed 
amendments to 10 CFR 431.62 in this NOPR.
    Although ASHRAE 72-2005 is currently evoked as the DOE method of 
test through DOE's incorporation by reference of ARI 1200-2006 and AHRI 
1200-2010 as the test procedure for commercial refrigeration equipment, 
DOE has never specifically incorporated by reference ASHRAE 72-2005. 
Due to the explicit reference of ASHRAE 72-2005 in the proposed 
definition of LAPT in this NOPR, DOE proposes to incorporate by 
reference ASHRAE 72-2005 at 10 CFR 431.63.
    DOE requests comment on its proposed modification to the LAPT 
definition and its proposal to incorporate by reference ASHRAE 72-2005.
    As specified in the 2012 test procedure final rule, equipment 
tested in accordance with the LAPT provisions will still be subject to 
the relevant energy conservation standards for the designated equipment 
class. 77 FR at 10302-10303 (Feb 21, 2012). In addition, equipment 
rated under the LAPT provision will be subject to the same 
certification requirements as all commercial refrigeration equipment, 
as specified at 10 CFR 429.42. While DOE did not modify the 
certification requirements for equipment tested at the LAPT in the 2012 
test procedure final rule to require manufacturers to report the 
temperature at which the unit was tested (if other than the rating 
temperature), DOE requires that documentation to support the selection 
of the LAPT the manufacturer used for testing be maintained as part of 
the test data underlying the certification. 77 FR at 10303 (Feb. 21, 
2012). Further, DOE requires that the certified ratings calculated from 
the test data and applicable sampling plans should reflect the energy 
consumption measured at the LAPT. 77 FR at 10303 (Feb. 21, 2012).

H. Clarifications in Response to Interpretations to AHRI Standard 1200-
2010

    In addition to responding to inquiries from interested parties 
regarding the test procedure for commercial refrigeration equipment, in 
this NOPR DOE also proposes to clarify its test procedure to respond to 
issues identified by several recent industry interpretations of the 
referenced industry test procedure, AHRI Standard 1200-2010.
    The 2012 test procedure final rule amends the DOE test procedure 
for commercial refrigeration equipment to reference AHRI Standard 1200-
2010 as the method of test to be used as of the compliance date of any 
amended standards established as part of the ongoing energy 
conservation standards rulemaking. 77 FR at 10295-96 (Feb. 21, 2012).
    Since publication of the 2012 test procedure final rule, AHRI has 
published five interpretations to AHRI Standard 1200-2010. 
Interpretations 1 through 4 to AHRI Standard 1200-2010 were issued by 
AHRI to clarify the method for calculation of TDA. While both ARI 
Standard 1200-2006 and AHRI Standard 1200-2010 provide instructions for 
calculation of TDA for standard equipment configurations, 
Interpretations 1, 2, 3, and 4 to AHRI Standard 1200-2010 extend this 
guidance to certain configurations for which AHRI believes the current 
industry standard may be inadequate. Interpretation 5 to AHRI Standard 
1200-2010 clarifies the approach for testing commercial refrigeration 
equipment with two independent refrigeration sections.
    A summary of the five AHRI interpretations is laid out below:
    Interpretation 1 clarifies that the height measurement should be 
representative of the visible area of merchandise inside the case and 
should not include glass area if the ``view'' is blocked by solid 
features, such as a honeycomb area or deck pans\11\.
---------------------------------------------------------------------------

    \11\ Honeycomb area and deck pans are examples of internal, 
solid components of commercial refrigeration equipment that are 
integral to operation of the unit, but may impact the view of 
product for open to closed transparent cases. ``Honeycomb'' is a 
term in trade for the material of which air grilles are often built, 
and deck pans are solid structures used to hold product stored 
inside a case.
---------------------------------------------------------------------------

    Interpretation 2 clarifies that, for a refrigerator or freezer with 
multiple glass doors, the length measurement for TDA should be taken 
from inside wall to inside wall, including the door mullions and door 
frames.
    Interpretation 3 clarifies that silk screen-coated transparent 
material should be treated as transparent and included in TDA if the 
silk screen provides at least 65 percent light transmittance or if at 
least 65 percent of the screen area is transparent; otherwise, the silk 
screen-coated area should be treated as non-transparent and excluded.
    Interpretation 4 clarifies how to calculate the area and length of 
commercial refrigerators, freezers, and refrigerator-freezers with 
curved fronts.
    Interpretation 5 clarifies that for commercial refrigeration 
equipment with two independent refrigeration sections that each cool a 
separate compartment, each compartment and refrigeration system should 
be evaluated independently.
    For further details, AHRI's Interpretations 1 through 5 of ANSI/
AHRI Standard 1200 (I-P)--2010 are available at www.ahrinet.org/search+standards.aspx.
    Test procedure guidance developed and issued by industry regarding 
referenced industry standards can be helpful in identifying areas where 
DOE's existing test procedures may be misinterpreted. As such, DOE has 
reviewed Interpretations 1, 2, 3, 4, and 5 to AHRI Standard 1200-2010, 
which provide guidance on how to calculate TDA for certain unique 
equipment configurations, and believes Interpretations 1, 3, 4, and 5 
of the AHRI Interpretations also apply to ARI Standard 1200-2006, which 
is incorporated by reference in the DOE test procedure. However, DOE 
finds that Interpretation 2 is inconsistent with the way DOE determines 
TDA for the purposes of compliance with energy conservation standards.
    DOE believes the figures provided in ARI Standard 1200-2006 and 
AHRI 1200-2010, as incorporated by reference in the DOE test procedure, 
demonstrate how to calculate TDA for many specific equipment 
geometries. However, DOE recognizes that there is no clear statement of 
the principles one should apply when determining the TDA of a model in 
general. Accordingly, DOE is

[[Page 64310]]

considering clarifying the method for calculating TDA in the DOE test 
procedure. DOE's method is based on defining TDA as the ``projected 
visible area'' and, as such, is consistent with Interpretation 1, which 
specifies that TDA should be the and should not include any transparent 
areas where the view is blocked by solid features. However, DOE's 
method is not consistent with Interpretation 2, which includes solid 
features in the calculation of TDA, such as door frames and mullions. 
DOE's method and the proposed clarifications are laid out in more 
detail below, in section III.I.
    Interpretation 3 describes how to treat silk screens and other 
semi-transparent coverings on transparent doors or panels. This 
interpretation relies on AHRI's definition of transparent as greater 
than or equal to 65 percent light transmittance. DOE is not proposing 
additional modifications to the DOE test procedure beyond the 
definition of ``transparent'' proposed in section III.B.2.i.
    Interpretation 4 provides guidance to determine the area and length 
of commercial refrigeration equipment with curved fronts. While DOE 
agrees with the interpretation, DOE notes that there are theoretically 
many cases with unusual geometries for which the existing language and 
diagrams in ARI Standard 1200-2006 and AHRI Standard 1200-2010 (as 
incorporated by reference into the DOE test procedure) are sufficient 
even though they are not depicted explicitly. Specifically, these 
standards contain appendices, such as appendix D of ARI 1200-2006, 
which provide, by means of detailed diagrams, instructions on how to 
measure the dimensions of a wide variety of commercial refrigeration 
equipment geometries. As a result, DOE does not propose further 
clarification of the DOE test procedure based on Interpretation 4.
    DOE also reviewed Interpretation 5, which clarifies the method for 
evaluating commercial refrigeration equipment with more than one 
refrigerated section and finds that AHRI's Interpretation 5 is 
consistent with the DOE test procedure for these systems, as specified 
at 10 CFR 431.66(d)(2)(i). This provision explains how to test 
commercial refrigeration equipment with more than one refrigerated 
sector; however, DOE welcomes comment on whether additional 
clarification in the regulatory text is necessary.

I. Clarification of Methodology for Measuring Total Display Area

    In light of the publication of Interpretations 1, 2, and 4 to AHRI 
1200-2010, and as mentioned in section H, DOE recognizes that there may 
be ambiguity regarding the proper method for measuring the value of TDA 
under the DOE test procedure, which is used in calculating a given 
unit's allowable maximum daily energy consumption under the applicable 
standard. ARI Standard 1200-2006 appendix D, as incorporated by 
reference by the DOE at 10 CFR 431.63, provides a definition and 
instructions on measurement of TDA. Appendix D of ARI Standard 1200-
2006 defines TDA as follows:
    ``Total Display Area (TDA) is the sum of the projected area(s) for 
visible product.''
    Moreover, the standard provides a general equation for calculating 
the ``projected area(s),'' in the form of:

TDA = Dh*L + Ae,

where
Ae = Projected area from visible product through end walls
Dh = Dimension of projected visible product
L = Length of Commercial Refrigerated Display Merchandiser

    For the end walls (or sides) of display merchandisers, the 
projected area for visible products is represented by Ae. Figures D13 
through D16 of appendix D of ARI Standard 1200-2006 and AHRI Standard 
1200-2010 provide instructions on the measurement of Ae for various end 
wall types present in commercial refrigerated display merchandisers. 
These figures show that the area included in TDA includes only those 
areas through which displayed product is visible, irrespective of the 
presence of other transparent areas through which product cannot be 
viewed. These figures illustrate that the area to be included in the 
TDA calculation is the sum of the ``projected area(s) for visible 
products.''
    For the front, back, or top faces of display merchandisers, the 
projected area for visible product is represented by Dh*L. In ARI 
Standard 1200-2006 and AHRI Standard 1200-2010 Standards, Figures D1 
through D12 provide instructions on the measurement of Dh for various 
equipment configurations, including different types of open cases and 
vertical multi-deck cases with transparent doors. However, they do not 
provide explicit instruction on the measurement of Dh for some case 
types, including horizontal single-deck merchandisers with transparent 
doors (i.e., those of the DOE equipment family ``horizontal closed 
transparent'' or HCT). For case types not depicted in the figures, Dh 
should be measured consistently with the method described in the other 
figures and with the definition given in the introduction to the 
appendix. That is, Dh and L should be measured as the dimension of the 
projected visible product, representing the dimension through which 
product can be viewed irrespective of the presence of any additional 
transparent area through which product cannot be viewed. An example of 
this is a vertical multi-deck base with transparent doors, where the 
transparent areas of the door through which no transparent area is 
projected onto the product zone \12\ (i.e., the areas through which no 
product loaded into the case could be directly seen when viewed in the 
plane; the upper and lower portions of the transparent area) are not to 
be included in Dh.
---------------------------------------------------------------------------

    \12\ The ``product zone'' is a term used to denote the geometric 
region of a case which can be filled with product using the included 
racks, shelves, or other storage structures and without violating 
the manufacturer's instructions regarding load limits or other 
constraints on product placement.
---------------------------------------------------------------------------

    The converse is also true--areas of the product zone which cannot 
be viewed as part of a direct projection through a transparent area are 
not to be included in any measurement of Dh. The term ``direct 
projection'' refers to the view at an angle perpendicular to the plane 
of product presentation (facing area). Figure III.1 and Figure III.2 
illustrate this concept, as they show configurations in which the 
product zone extends beyond the projected visible area and is thus not 
included in the measurement of Dh. The measurement of Dh in practice 
should be consistent with its definition as solely the ``dimension of 
projected visible product.''

[[Page 64311]]

[GRAPHIC] [TIFF OMITTED] TP28OC13.000

    ARI Standard 1200-2006 defines the third variable, ``L'', as the 
``length of commercial refrigerated display merchandiser''. While the 
definition contains no figures or illustrations instructing a user how 
to perform this measurement, the value of L should be measured in a 
manner consistent with the definition of TDA that includes only

[[Page 64312]]

the ``projected area(s) for visible product.'' Therefore, the length L 
should be measured consistent with the methods given above for Dh, in 
that L should correspond to the total length of the transparent area of 
the merchandiser through which product can be seen. That is, L should 
be the total length, along the axis of the merchandiser, of portions 
through which product can be viewed from an angle normal to the 
transparent area (i.e., the projected linear dimension(s) of visible 
product). Areas of opaque material which overhang the product zone, as 
well as areas of transparent material which do not project upon a zone 
occupied by product, should not be included in this length. This method 
of measurement is depicted in Figure III.3, and is consistent with the 
instruction given for calculation of Dh by Figure III.1 and Figure 
III.2.
[GRAPHIC] [TIFF OMITTED] TP28OC13.001

    To clarify the calculation of TDA for the purposes of conducting 
the DOE test procedure, DOE proposes to add clarifying text to the test 
procedure explaining that the measurement of TDA should be 
representative of the ``dimension of projected visible product'' and 
that no opaque materials or areas of transparent material through which 
product cannot be viewed should be included in the calculation of TDA. 
DOE also proposes to add Figure III.1, Figure III.2, and Figure III.3 
to the regulatory text in the CFR.
    DOE believes that this proposal is a clarification of DOE's 
existing test procedure and should not change the measured energy 
consumption of covered equipment. Therefore, DOE proposes to include 
these amendments in both appendix A, which is the test procedure 
currently required for equipment testing, and appendix B, which will be 
required for testing on the compliance date of any amended energy 
conservation standards established as part of the ongoing CRE energy 
conservation standards rulemaking (Docket No. EERE-2010-BT-STD-0003).

J. Compliance Date of Test Procedure Amendments

    In this NOPR, DOE also proposes to reorganize the test procedure 
requirements at 10 CFR 431.64 so they are easier to understand and to 
update the compliance date to reflect the fact that the publication of 
the final rule for the ongoing energy conservation standards rulemaking 
has been extended. (Docket No. EERE-2010-BT-STD-0003).
    EPCA prescribes that if any rulemaking amends a test procedure, DOE 
must determine to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency of any covered equipment as 
determined under the existing test procedure. (42 U.S.C. 6314(a)(6)) 
Further, if DOE determines that the amended test procedure would alter 
the measured efficiency of covered equipment, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6314(a)(6))
    In the 2012 test procedure final rule, DOE states that some test 
procedure amendments will change the measured energy consumption of 
some covered equipment. 77 FR at 10295 and 10309 (Feb. 21, 2012). 
Specifically, DOE determined the provisions to accommodate testing of 
night curtains and lighting occupancy sensors and controls altered the 
measured energy consumption of covered equipment. 77 FR at 10309 (Feb. 
21, 2012). As such, DOE establishes in the 2012 test procedure final 
rule that use of the amended test procedure for compliance with DOE 
energy conservation standards or representations with respect to energy 
consumption of commercial refrigeration equipment would be required on 
the compliance date of any revised energy conservation standards, which 
are being considered in an ongoing energy conservation standards 
rulemaking (Docket No. EERE-2010-BT-STD-0003). 77 FR at 10309 (Feb. 21, 
2012).

[[Page 64313]]

    To improve clarity, DOE is proposing to reorganize the language at 
10 CFR 431.64 into appendices A and B. Appendix A contains the test 
procedure for commercial refrigeration equipment established in the 
2006 test procedure final rule. DOE proposes to include the amended 
test procedure, established in the 2012 test procedure final rule, in 
appendix B, which will be required to be used on the compliance date of 
any amended standards established in the ongoing energy conservation 
standards rulemaking (Docket No. EERE-2010-BT-STD-0003).
    DOE believes this reorganization will help clarify the 
applicability of various test procedure provisions with respect to the 
standards compliance dates. DOE requests comment on the reorganization 
of the test procedure requirements at 10 CFR 431.64 into appendix A and 
appendix B.
    The test procedure amendments established in the 2012 test 
procedure final rule became effective on March 22, 2012. 77 FR at 10292 
(Feb. 21, 2012). However, as previously mentioned, the 2012 amendments 
are to be used in conjunction with any amended standards promulgated as 
a result of the ongoing energy conservation standards rulemaking 
(Docket No. EERE-2010-BT-STD-0003). As such, use of the amended test 
procedure in appendix B will be required to show compliance with DOE 
energy conservation standards or to make representations with respect 
to energy consumption of commercial refrigeration equipment on the 
compliance date of any revised energy conservation standards 
established as part of the ongoing energy conservation standards 
rulemaking. (Docket No. EERE-2010-BT-STD-0003). DOE proposes to update 
the compliance date referenced in 10 CFR 431.64 to be consistent with 
the compliance date of any amended standards adopted as a result of the 
ongoing energy conservation standards rulemaking. DOE will clarify the 
compliance date of the test procedure amendments proposed in appendix B 
in the appropriate rulemaking document.

IV. Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE reviewed today's proposed rule to amend the test procedure for 
commercial refrigeration equipment, under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE certifies that the proposed rule, if adopted, 
would not result in a significant impact on a substantial number of 
small entities. The factual basis for this certification is set forth 
below.
    For the commercial refrigeration industry, the Small Business 
Association (SBA) has set a size threshold, which defines those 
entities classified as ``small businesses'' for the purpose of the 
statute. DOE used the SBA's size standards to determine whether any 
small entities would be required to comply with the rule. The size 
standards are codified at 13 CFR part 121. The standards are listed by 
North American Industry Classification System (NAICS) code and industry 
description and are available at http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf. Commercial refrigeration 
equipment manufacturing is classified under NAICS 333415, ``Air-
Conditioning and Warm Air Heating Equipment and Commercial and 
Industrial Refrigeration Equipment Manufacturing.'' Small entities 
within this industry description are those with 750 employees or fewer.
    DOE conducted a market survey to determine whether any small 
business manufacturers of equipment would be covered by this 
rulemaking. During its market survey, DOE used all available public 
information to identify potential small manufacturers. DOE's research 
involved the review of industry trade association membership 
directories (including AHRI), equipment databases (e.g., Federal Trade 
Commission (FTC), the Thomas Register, California Energy Commission 
(CEC), and ENERGY STAR databases), individual company Web sites, and 
marketing research tools (e.g., Dunn and Bradstreet reports, Manta) to 
create a list of companies that manufacture or sell commercial 
refrigeration equipment covered by this rulemaking. DOE also referred 
to a list of small businesses that manufacture commercial refrigeration 
equipment, supplied by Traulsen in a written comment provided in 
response to the NOPR proposing amendments to the DOE test procedure for 
commercial refrigeration equipment published November 24, 2010 (Docket 
No. EERE-2010-BT-TP-0034, Traulsen, No. 9 at pp. 4-5). Using these 
sources, DOE identified 61 manufacturers of commercial refrigeration 
equipment.
    DOE then reviewed this data to determine whether the entities met 
the SBA's definition of a small business manufacturer of commercial 
refrigeration equipment and screened out companies that do not offer 
equipment covered by this rulemaking, do not meet the definition of a 
``small business,'' or are foreign owned and operated. Based on this 
review, DOE has identified 26 companies that would be considered small 
manufacturers and will be directly regulated by this rule, which 
represents 43% of national CRE manufacturers. Although 43% would be 
considered a substantial number of small entities, further analysis of 
incremental costs associated with this rulemaking determined no 
significant impact on these manufacturers. Specifically, the proposed 
changes to the test procedure consist only of clarifications regarding:
    1. The applicability of the test procedure and related energy 
conservation standards to certain types of equipment;
    2. the definitions of hybrid commercial refrigeration equipment, 
commercial refrigeration equipment with drawers, and commercial 
refrigeration equipment with solid and/or transparent doors;
    3. the relationship among the rating temperature, operating 
temperature, and integrated average temperature;
    4. the proper configuration and use of energy management systems, 
lighting controls, and test packages in the DOE test procedure for 
commercial refrigeration equipment;

[[Page 64314]]

    5. the treatment of various features, components, and accessories 
under the DOE test procedure;
    6. the rounding requirements for test results and certified 
ratings;
    7. the provision adopted in the 2012 test procedure final rule to 
allow testing at the lowest application product temperature for 
equipment that cannot operate at the prescribed rating temperature for 
its equipment class;
    8. clarifications raised by Interpretations 1, 2, 3, 4, and 5 of 
AHRI Standard 1200-2010;
    9. the methodology used to determine total display area; and
    10. the compliance date of certain amendments established in the 
2012 test procedure final rule.
    All commercial refrigeration equipment covered by this rule is 
currently required to be tested using the DOE test procedure to show 
compliance with established energy conservation standards. The DOE test 
procedure manufacturers must use to demonstrate compliance with 
existing standards is that established in the 2006 test procedure final 
rule, which references AHRI Standard 1200-2006 and AHAM HRF-1-2004. 
This test procedure consists of one 24-hour test at standard rating 
conditions to determine daily energy consumption.
    The 2012 test procedure final rule amends the test procedure for 
commercial refrigeration equipment to update the referenced industry 
test procedures to their most current versions (AHRI Standard 1200-2010 
and AHAM HRF-1-2008); incorporates provisions for testing certain 
energy efficiency features, including night curtains and lighting 
occupancy sensor and scheduled controls; and provides a test procedure 
for specialty equipment that cannot be tested at the prescribed rating 
temperature. As part of that rulemaking, DOE considered the burden 
associated with the test procedure amendments and certified that the 
rule would not have a ``significant economic impact on a substantial 
number of small entities,'' and the preparation of a regulatory 
flexibility analysis was not warranted. 77 FR 10292, 10314-10316 (Feb. 
21, 2012).
    The test procedure amendments proposed in today's notice of 
proposed rulemaking serve only to reorganize and clarify the existing 
requirements in the DOE test procedure, both those established in the 
2006 test procedure final rule and those established in the 2012 test 
procedure final rule; they do not alter or affect any of the test 
procedure requirements or provisions in any way. DOE does not believe 
that the proposed test procedure amendments would affect the way in 
which any covered commercial refrigeration equipment is tested, nor 
would they impact the burden of conducting such a test. Based on this 
factual basis, DOE believes that the proposed test procedure amendments 
would not have a significant economic impact on a substantial number of 
small entities, and the preparation of a regulatory flexibility 
analysis is not required. DOE will transmit the certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the Small Business Administration for review under 5 U.S.C. 605(b).
    DOE requests comment on its certification that the proposed test 
procedure changes will not have a significant impact on a substantial 
number of small entities.

C. Review Under the Paperwork Reduction Act

    Manufacturers of commercial refrigeration equipment must certify to 
DOE that their products comply with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
products according to the DOE test procedure for commercial 
refrigeration equipment, including any amendments adopted for that test 
procedure. DOE has established regulations for the certification and 
recordkeeping requirements for all covered consumer products and 
commercial equipment, including commercial refrigeration equipment. 76 
FR 12422 (March 7, 2011). The collection-of-information requirement for 
the certification and recordkeeping is subject to review and approval 
by OMB under the Paperwork Reduction Act (PRA). This requirement has 
been approved by OMB under OMB Control Number 1910-1400. Public 
reporting burden for the certification is estimated to average 20 hours 
per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act

    In this proposed rule, DOE proposes amendments its test procedure 
for commercial refrigeration equipment that may be used to implement 
future energy conservation standards or for certification of equipment 
under current energy conservation standards. DOE has determined that 
this rule falls into a class of actions that are categorically excluded 
from review under the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.). The rule is covered by Categorical Exclusion 
A5, for rulemakings that interpret or amend an existing rule without 
changing the environmental effect, as set forth in DOE's NEPA 
regulations in appendix A to subpart D, 10 CFR part 1021. This rule 
will not affect the quality or distribution of energy usage and 
therefore will not result in any environmental impacts. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

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

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice

[[Page 64315]]

Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the 
general duty to adhere to the following requirements: (1) Eliminate 
drafting errors and ambiguity; (2) write regulations to minimize 
litigation; (3) provide a clear legal standard for affected conduct 
rather than a general standard; and (4) promote simplification and 
burden reduction. Section 3(b) of Executive Order 12988 specifically 
requires that Executive agencies make every reasonable effort to ensure 
that the regulation: (1) Clearly specifies the preemptive effect, if 
any; (2) clearly specifies any effect on existing Federal law or 
regulation; (3) provides a clear legal standard for affected conduct 
while promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any; (5) adequately defines key terms; and (6) 
addresses other important issues affecting clarity and general 
draftsmanship under any guidelines issued by the Attorney General. 
Section 3(c) of Executive Order 12988 requires Executive agencies to 
review regulations in light of applicable standards in sections 3(a) 
and 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. DOE has completed the required review and 
determined that, to the extent permitted by law, the proposed rule 
meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

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

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

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

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 15, 1988), that this proposed regulation, 
if promulgated as a final rule, would not result in any takings that 
might require compensation under the Fifth Amendment to the U.S. 
Constitution.

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

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

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to 
OIRA, Office of Management and Budget, a Statement of Energy Effects 
for any proposed significant energy action. A ``significant energy 
action'' is defined as any action by an agency that promulgated or is 
expected to lead to promulgation of a final rule, and that (1) is a 
significant regulatory action under Executive Order 12866, or any 
successor order; and (2) is likely to have a significant adverse effect 
on the supply, distribution, or use of energy; or (3) is designated by 
the Administrator of OIRA as a significant energy action. For any 
proposed significant energy action, the agency must give a detailed 
statement of any adverse effects on energy supply, distribution, or use 
should the proposal be implemented, and of reasonable alternatives to 
the action and their expected benefits on energy supply, distribution, 
and use. Today's regulatory action would not have a significant adverse 
effect on the supply, distribution, or use of energy and therefore it 
is not a significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91), DOE must comply with section 32 of the Federal Energy 
Administration Act of 1974 (Pub. L. 93-275), as amended by the Federal 
Energy Administration Authorization Act of 1977. When a proposed rule 
contains or involves use of commercial standards, the rulemaking must 
inform the public of the use and background of such standards. (15 
U.S.C. 788 Section 32)
    The proposed rule incorporates testing methods contained in ASTM 
Standard E 1084-86 (Reapproved 2009), ``Standard Test Method for Solar 
Transmittance (Terrestrial) of Sheet Materials Using Sunlight'' and 
ASHRAE 72-2005, ``Method of Testing Commercial Refrigerators and 
Freezers.'' DOE has evaluated these standards and is unable to conclude 
whether they fully comply with the requirements of section 323(b) of 
the Federal Energy Administration Act (i.e., whether they were 
developed in a manner that fully provides for public participation, 
comment, and review).
    As required by section 32(c) of the Federal Energy Administration 
Act of 1974 as amended, DOE will consult with the Attorney General and 
the Chairman of the Federal Trade Commission about the impact on 
competition of using the methods contained in these standards before 
prescribing a final rule.

[[Page 64316]]

V. Public Participation

A. Attendance at Public Meeting

    The time, date and location of the public meeting are listed in the 
DATES and ADDRESSES sections at the beginning of this document. If you 
plan to attend the public meeting, please notify Ms. Brenda Edwards at 
(202) 586-2945 or Brenda.Edwards@ee.doe.gov.
    Please note that foreign nationals visiting DOE Headquarters are 
subject to advance security screening procedures. Any foreign national 
wishing to participate in the meeting should advise DOE as soon as 
possible by contacting Ms. Edwards to initiate the necessary 
procedures. Please also note that those wishing to bring laptops into 
the Forrestal Building will be required to obtain a property pass. 
Visitors should avoid bringing laptops, or allow an extra 45 minutes.
    In addition, you can attend the public meeting via webinar. Webinar 
registration information, participant instructions, and information 
about the capabilities available to webinar participants will be 
published on DOE's Web site https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/52. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Prepared General Statements For 
Distribution

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

C. Conduct of Public Meeting

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

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice of 
proposed rulemaking.
    Any comments submitted must identify the NOPR for Test Procedure 
for Commercial Refrigeration Equipment and provide docket number EERE-
2013-BT-TP-0025 and/or regulatory information number (RIN) number 1904-
AC99.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email

[[Page 64317]]

address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. DOE requests comment on the proposed definition for chef base or 
griddle stand.
    2. DOE requests comment on its proposed definition of ``door,'' 
and, in particular, its specification that the term is inclusive of 
drawers.
    3. DOE requests comments from interested parties on the proposal to 
define ``transparent'' based on the optical properties of the material, 
as determined by ASTM E 1084-86 (Reapproved 2009) as incorporated by 
reference.
    4. DOE requests comment on its proposed definitions of the terms 
``closed transparent'' and ``closed solid.''
    5. DOE requests comment on the clarity and sufficiency of the 
proposed definitions for ``commercial hybrid'' and ``commercial 
refrigerator-freezer.''
    6. DOE requests comment on its proposed definitions for ``operating 
temperature'' and ``rating temperature,'' and its proposal to clarify 
the relationship between integrated average temperature and rating 
temperature. DOE also requests comment on its proposed definitions of 
``commercial refrigerator'' and ``commercial freezer.''
    7. DOE requests comment on its proposed rounding provisions for 
commercial refrigeration equipment.
    8. DOE requests comment on its proposed modification to the 
definition of LAPT and its proposal to incorporate by reference ASHRAE 
72-2005.
    9. DOE requests comment on the reorganization of the test procedure 
requirements at 10 CFR 431.64 into appendix A and appendix B to subpart 
C of 10 CFR part 431.
    10. DOE requests comment on its certification that the proposed 
test procedure changes will not have a significant impact on a 
substantial number of small entities.

VI. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Parts 429 and 431

    Administrative practice and procedure, Confidential business 
information, Test procedures, Incorporation by reference, Reporting and 
recordkeeping requirements.

    Issued in Washington, DC, on September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons set forth in the preamble, DOE proposes to amend 
part 429 and 431 of chapter II of title 10, of the Code of Federal 
Regulations, to read as set forth below:

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

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

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


Sec.  429.42  [Amended]

0
2. Section 429.42 is amended by adding in paragraphs (b)(2)(i), (ii), 
and (iii), the words ``increments of 0.01'' before the phrase 
``kilowatt hours per day (kWh/day).''

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
3. The authority citation for part 431 continues to read as follows:

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

0
4. Section 431.62 is amended by:
0
a. Removing the definition for ``commercial hybrid refrigerator, 
freezer, and refrigerator-freezer;''
0
b. Adding in alphabetical order the definitions for ``chef base or 
griddle stand,'' ``closed solid,'' ``closed transparent,'' ``commercial 
freezer,'' ``commercial hybrid,'' ``commercial refrigerator,'' 
``commercial refrigerator-freezer,'' ``door,'' ``operating 
temperature,'' ``rating temperature,'' and ``transparent;''
0
c . Revising the definition for ``lowest application product 
temperature.''
    The additions and revision read as follows:


Sec.  431.62  Definitions concerning commercial refrigerators, freezers 
and refrigerator-freezers.

* * * * *
    Chef base or griddle stand means commercial refrigeration equipment 
that

[[Page 64318]]

is designed and marketed for the express purpose of having a griddle or 
other cooking equipment placed on top of it that is capable of reaching 
temperatures hot enough to cook food.
    Closed solid means equipment with doors, and in which more than 75 
percent of the outer surface area of all doors on a unit are not 
transparent.
    Closed transparent means equipment with doors, and in which 75 
percent or more of the outer surface area of all doors on the unit are 
transparent.
    Commercial freezer means a unit of commercial refrigeration 
equipment in which all refrigerated compartments in the unit are 
capable of operating below 32 [deg]F.
    Commercial hybrid means a unit of commercial refrigeration 
equipment
    (1) Consisting of two or more refrigerated compartments that are in 
two or more different equipment families, and
    (2) Which is sold as a single unit.
    Commercial refrigerator means a unit of commercial refrigeration 
equipment in which all refrigerated compartments in the unit are 
capable of operating at or above 32 [deg]F.
    Commercial refrigerator-freezer means a unit of commercial 
refrigeration equipment consisting of two or more refrigerated 
compartments where at least one refrigerated compartment is capable of 
operating at or above 32 [deg]F and at least one refrigerated 
compartment is capable of operating below 32 [deg]F.
* * * * *
    Door. (1) Door means a movable panel that:
    (i) Separates the interior volume of a unit of commercial 
refrigeration equipment from the ambient environment,
    (ii) Is designed to facilitate access to the refrigerated space for 
the purpose of loading and unloading product, and
    (iii) Is affixed such that it is not removable without the use of 
tools.
    (2) This includes hinged doors, sliding doors, and drawers.
* * * * *
    Lowest application product temperature means the lowest integrated 
average temperature at which a given basic model is capable of 
consistently operating (i.e., maintaining so as to comply with the 
steady-state stabilization requirements specified in ASHRAE 72-2005 (as 
incorporated by reference, see Sec.  431.63) for the purposes of 
testing under the DOE test procedure).
* * * * *
    Operating temperature means the range of integrated average 
temperatures at which a commercial refrigeration unit is capable of 
operating.
* * * * *
    Rating temperature means the integrated average temperature a unit 
must maintain during testing (i.e., either as listed in the table at 
Sec.  431.66(d)(1) or the lowest application product temperature).
* * * * *
    Transparent means greater than or equal to 65 percent light 
transmittance, as determined in accordance with the ASTM Standard E 
1084-86 (Reapproved 2009), ``Standard Test Method for Solar 
Transmittance (Terrestrial) of Sheet Materials Using Sunlight,'' (as 
incorporated by reference, see Sec.  431.63) at normal incidence.
* * * * *
0
5. Section 431.63 is amended by adding paragraphs (d) and (e) to read 
as follows:


Sec.  431.63  Materials incorporated by reference.

* * * * *
    (d) ASTM. ASTM International, 100 Barr Harbor Drive, PO Box C700, 
West Conshohocken, PA, 19428, (877) 909-2786, or go to http://www.astm.org/.
    (1) ASTM Standard E 1084, ``Standard Test Method for Solar 
Transmittance (Terrestrial) of Sheet Materials Using Sunlight,'' 1986 
(Reapproved 2009), IBR approved for Sec.  431.62.
    (2) [Reserved]
    (e) ASHRAE. The American Society of Heating, Refrigerating, and 
Air-Conditioning Engineers, Inc., 1971 Tullie Circle, NE., Atlanta, GA 
30329, or http://www.ashrae.org/.
    (1) ASHRAE 72, ``Method of Testing Commercial Refrigerators and 
Freezers,'' 2005, IBR approved for Sec. Sec.  431.62 and 431.64.
    (2) [Reserved]
0
6. Section 431.64 is amended by revising paragraph (b) to read as 
follows:


Sec.  431.64  Uniform test method for the measurement of energy 
consumption of commercial refrigerators, freezers, and refrigerator-
freezers.

* * * * *
    (b) Testing and calculations. Determine the daily energy 
consumption of each covered commercial refrigerator, freezer, or 
refrigerator-freezer by conducting the appropriate test procedure set 
forth below, in appendix A or B to this subpart. The daily energy 
consumption of commercial refrigeration equipment shall be calculated 
using raw measured values and the final test results shall be reported 
in increments of 0.01 kWh/day.
0
7. Section 431.66 is amended by adding paragraph (f) to read as 
follows:


Sec.  431.66  Energy conservation standards and their effective dates.

* * * * *
    (f) Exclusions. The energy conservation standards in paragraphs (b) 
through (e) of this section do not apply to salad bars, buffet tables, 
and chef bases or griddle stands.
0
8. Add Appendixes A and B to Subpart C to read as follows:

Appendix A to Subpart C of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of Commercial Refrigerators, 
Freezers, and Refrigerator-Freezers

    Note: After [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE 
IN THE FEDERAL REGISTER], any representations made with respect to 
the energy use or efficiency of commercial refrigeration equipment 
must be made in accordance with the results of testing pursuant to 
this appendix.
    Manufacturers conducting tests of commercial refrigeration 
equipment after [DATE 30 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE FEDERAL REGISTER] and prior to [DATE 180 DAYS AFTER PUBLICATION 
OF THE FINAL RULE IN THE FEDERAL REGISTER], must conduct such test 
in accordance with either this appendix or Sec.  431.64 as it 
appeared at 10 CFR part 430, subpart B, in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2013. Any representations made 
with respect to the energy use or efficiency of such commercial 
refrigeration equipment must be in accordance with whichever version 
is selected. Given that after [DATE 180 DAYS AFTER PUBLICATION OF 
THE FINAL RULE IN THE FEDERAL REGISTER] representations with respect 
to the energy use or efficiency of dehumidifiers must be made in 
accordance with tests conducted pursuant to this appendix, 
manufacturers may wish to begin using this test procedure as soon as 
possible.

1. Test Procedure

    1.1. Determination of Daily Energy Consumption. Determine the 
daily energy consumption of each covered commercial refrigerator, 
freezer, refrigerator-freezer or ice-cream freezer by conducting the 
test procedure set forth in the Air-Conditioning and Refrigeration 
Institute (ARI) Standard 1200-2006, ``Performance Rating of 
Commercial Refrigerated Display Merchandisers and Storage 
Cabinets,'' section 3, ``Definitions,'' section 4, ``Test 
Requirements,'' and section 7, ``Symbols and Subscripts'' 
(incorporated by reference, see Sec.  431.63). For each commercial 
refrigerator, freezer, or refrigerator-freezer with a self-contained 
condensing unit, also use ARI Standard 1200-2006, section 6, 
``Rating Requirements for Self-contained Commercial Refrigerated 
Display Merchandisers and Storage Cabinets.'' For each commercial 
refrigerator, freezer, or refrigerator-freezer with a remote 
condensing unit, also use ARI Standard 1200-2006, section 5, 
``Rating Requirements for Remote Commercial

[[Page 64319]]

Refrigerated Display Merchandisers and Storage Cabinets.''
    1.2. Additional Specifications for Testing of Components and 
Accessories. All standard components that would be used during 
normal operation of the basic model in the field shall be installed 
and used during testing as recommended by the manufacturer and 
representative of their typical operation in the field unless such 
installation and operation is inconsistent with any requirement of 
the test procedure. The specific components and accessories listed 
in the subsequent sections shall be operated as stated during the 
test.
    1.2.1. Energy Management Systems. Applicable energy management 
systems may be activated during the test procedure provided they are 
permanently installed on the case, configured as sold in such a 
manner so as to operate automatically without the intervention of 
the operator, and do not conflict with any of other requirements for 
a valid test as specified in this appendix.
    1.2.2. Lighting. Energize all lighting, except customer display 
signs/lights as described in section 1.2.3 and UV lighting as 
described in section 1.2.6 of this appendix, to the maximum 
illumination level for the duration of testing. However, if a closed 
solid unit of commercial refrigeration equipment includes an 
automatic lighting control system which can turn of internal case 
lighting when the door is closed, and the manufacturer recommends 
the use of this system, then the lighting control should be operated 
in the automatic setting, even if the model has a manual switch that 
disables the automatic lighting control.
    1.2.3. Customer display signs/lights. Do not energize 
supplemental lighting that exists solely for the purposes of 
advertising or drawing attention to the case and is not integral to 
the case.
    1.2.4 Condensate pan heaters and pumps. All electric resistance 
condensate heaters and condensate pumps must be installed and 
operational during the test. This includes the stabilization period 
(including pull-down), steady-state, and performance testing 
periods. Prior to the start of the stabilization period as defined 
by ASHRAE 72-2005 (incorporated by reference, see Sec.  431.63), the 
condensate pan must be dry. Following the start of the stabilization 
period, allow any condensate moisture generated to accumulate in the 
pan. Do not manually add or remove water from the condensate pan at 
any time during the test.
    1.2.5 Anti-sweat door heaters. Anti-sweat door heaters must be 
operational during the entirety of the test procedure. Models with a 
user-selectable setting must have the heaters energized and set to 
the maximum usage position. Models featuring an automatic, non-user-
adjustable controller that turns on or off based on environmental 
conditions must be operating in the automatic state. If a unit is 
not shipped with a controller from the point of manufacture and is 
intended to be used with an automatic, non-user-adjustable 
controller, test the unit with a manufacturer-recommended controller 
that turns on or off based on environmental conditions.
    1.2.6 Ultraviolet lights. Do not energize ultraviolet lights 
during the test.
    1.2.7 Illuminated temperature displays and alarms. All 
illuminated temperature displays and alarms shall be energized and 
operated during the test as they would be during normal field 
operation.
    1.2.8 Condenser filters. Remove any nonpermanent filters 
provided to prevent particulates from blocking a model's condenser 
coil.
    1.2.9 Refrigeration system security covers. Remove any devices 
used to secure the condensing unit.
    1.2.10 Night curtains and covers. Do not deploy night curtains 
or covers.
    1.2.11 Grill options. Remove any optional, non-standard grills 
used to direct airflow.
    1.2.12 Misting or humidification systems. Misting or 
humidification systems must be inactive during the test.
    1.2.13 Air purifiers. Air purifiers must be inactive during the 
test.
    1.2.14 General purpose outlets. During the test, do not connect 
any external load to any general purpose outlets contained within a 
unit.
    1.2.15 Crankcase heaters. Crankcase heaters must be operational 
during the test. If a control system, such as a thermostat or 
electronic controller, is used to modulate the operation of the 
crankcase heater, it must be activated during the test.

2. Test Conditions

    2.1. Integrated Average Temperatures. Conduct the testing 
required in section 1 and 2 of this appendix A, and determine the 
daily energy consumption at the applicable integrated average 
temperature as found in the following table.

------------------------------------------------------------------------
                                                     Integrated average
           Category               Test procedure        temperature
------------------------------------------------------------------------
(i) Refrigerator with Solid     ARI Standard 1200- 38 [deg]F (2 [deg]F).
(ii) Refrigerator with          ARI Standard 1200- 38 [deg]F (2 [deg]F).
(iii) Freezer with Solid        ARI Standard 1200- 0 [deg]F (2 [deg]F).
(iv) Freezer with Transparent   ARI Standard 1200- 0 [deg]F (2 [deg]F).
(v) Refrigerator-Freezer with   ARI Standard 1200- 38 [deg]F (2 [deg]F) for
                                                    refrigerator
                                                    compartment.
                                                   0 [deg]F (2 [deg]F) for
                                                    freezer compartment.
(vi) Commercial Refrigerator    ARI Standard 1200- 38 [deg]F (2 [deg]F).
 Condensing Unit Designed for
 Pull-Down Temperature
 Applications and Transparent
 Doors.
(vii) Ice-Cream Freezer.......  ARI Standard 1200- -15.0 [deg]F (2 [deg]F).
(viii) Commercial               ARI Standard 1200- (A) 0 [deg]F (2 [deg]F) for
 Refrigerator-Freezer with a                        low temperature
 Self-Contained Condensing                          applications.
 Unit and without Doors.                           (B) 38 [deg]F (2 [deg]F) for
                                                    medium temperature
                                                    applications.
(ix) Commercial Refrigerator,   ARI Standard 1200- (A) 0 [deg]F (2 [deg]F) for
 Freezer with a Remote                              low temperature
 Condensing Unit.                                   applications.
                                                   (B) 38 [deg]F (2 [deg]F) for
                                                    medium temperature
                                                    applications.
------------------------------------------------------------------------
\1\Incorporated by reference, see Sec.   431.63.

    2.2. Lowest Application Product Temperature. If a unit of 
commercial refrigeration equipment is not able to be operated at the 
integrated average temperature specified in the table in paragraph 
2.1, test the unit at the lowest application product temperature 
(LAPT), as defined in Sec.  431.62. For units equipped with a 
thermostat, LAPT is the lowest thermostat setting. For remote 
condensing equipment without a thermostat or other means of 
controlling temperature at the case, the lowest application product 
temperature is the temperature achieved with the adjusted dew point 
temperature (as defined in AHRI Standard 1200 (I-P)-2010) set to 5 
degrees colder than that required to maintain the manufacturer's 
lowest specified operating temperature.

3. Volume and Total Display Area

    3.1. Determination of Volume. Determine the volume of a 
commercial refrigerator, freezer, refrigerator-freezer, or ice-cream 
freezer using the method set forth in the ANSI/AHAM HRF-1-2004, 
``Energy, Performance and Capacity of Household Refrigerators, 
Refrigerator-Freezers and Freezers'' (incorporated by reference, see 
Sec.  431.63), section 3.21, ``Volume,'' sections 4.1 through 4.3, 
``Method for Computing Total Refrigerated Volume and Total Shelf 
Area of Household Refrigerators and Household Wine Chillers,'' and 
sections 5.1 through 5.3, ``Method for Computing Total Refrigerated 
Volume and Total Shelf Area of Household Freezers.''
    3.2 Determination of Total Display Area. Determine the total 
display area of a commercial refrigerator, freezer, refrigerator-
freezer, or ice-cream freezer using the method set forth in ARI 
Standard 1200-2006 (Incorporated by reference, see Sec.  431.63). 
Specifically, total display area shall be the sum of the projected 
area(s) of visible product, expressed in ft\2\ (i.e., portions 
through which product can be viewed from an angle normal to the 
transparent area). See

[[Page 64320]]

Figures A3.1, A3.2, and A3.3 as examples of how to calculate the 
dimensions associated with calculation of total display area. In the 
diagrams, Dh and L represent the dimensions of the 
projected visible product.
BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TP28OC13.002


[[Page 64321]]


[GRAPHIC] [TIFF OMITTED] TP28OC13.003

BILLING CODE 6450-01-C

Appendix B to Subpart C of Part 431--Amended Uniform Test Method for 
the Measurement of Energy Consumption of Commercial Refrigerators, 
Freezers, and Refrigerator-Freezers

    Note: On or after the compliance date for any amended energy 
conservation standards for commercial refrigeration equipment, all 
testing must be conducted in accordance with this appendix for the 
purposes of determining energy consumption and making 
representations as to the energy use of covered equipment.

1. Test Procedure

    1.1. Determination of Daily Energy Consumption. Determine the 
daily energy consumption of each covered commercial refrigerator, 
freezer, refrigerator-freezer or ice-cream freezer by conducting the 
test procedure set forth in the AHRI Standard 1200 (I-P)-2010, 
section 3, ``Definitions,'' section 4, ``Test Requirements,'' and 
section 7, ``Symbols and Subscripts'' (incorporated by reference, 
see Sec.  431.63). For each commercial refrigerator, freezer, or 
refrigerator-freezer with a self-contained condensing unit, also use 
AHRI Standard 1200 (I-P)-2010, section 6, ``Rating Requirements for 
Self-contained Commercial Refrigerated Display Merchandisers and 
Storage Cabinets.'' For each commercial refrigerator, freezer, or 
refrigerator-freezer with a remote condensing unit, also use AHRI 
Standard 1200 (I-P)-2010, section 5, ``Rating Requirements for 
Remote Commercial Refrigerated Display Merchandisers and Storage 
Cabinets.''
    1.2. Additional Specifications for Testing of Components and 
Accessories. All standard components that would be used during 
normal operation of the basic model in the field shall be installed 
and used during testing as recommended by the manufacturer and 
representative of their typical operation in the field unless such 
installation and operation is inconsistent with any requirement of 
the test procedure. The specific components and accessories listed 
in the subsequent sections shall be operated as stated during the 
test.
    1.2.1. Energy Management Systems. Applicable energy management 
systems may be activated during the test procedure provided they are 
permanently installed on the case, configured in such a manner so as 
to operate automatically without the intervention of the operator, 
and do not conflict with any of other requirements for a valid test 
as specified in this appendix.
    1.2.2. Lighting. All lighting except for customer display signs/
lights as described in section 1.2.3 and UV lighting as described in 
section 1.2.6 of this appendix shall be energized to the maximum 
illumination level for the duration of testing for commercial 
refrigeration equipment with lighting except when the unit is 
equipped with lighting occupancy sensors and controls. If the unit 
includes an automatic lighting control system, it should be enabled 
during test. If the unit is equipped with lighting occupancy sensors 
and controls in should be tested in accordance with paragraph 
1.2.2.1 of this appendix.
    1.2.2.1. Lighting Occupancy Sensors and Controls. For units with 
lighting occupancy sensors and/or scheduled lighting controls 
installed on the unit, determine the effect of the controls/sensors 
on daily energy consumption by either a physical test or a 
calculation method and using the variables that are defined as:
    CECA is the alternate compressor energy consumption (kilowatt-
hours);
    LECsc is the lighting energy consumption of internal case lights 
with lighting occupancy sensors and controls deployed (kilowatt-
hours);
    Pli is the rated power of lights when they are fully on (watts);
    Pli(off) is the power of lights when they are off (watts);
    Pli(dim) is the power of lights when they are dimmed (watts);
    TDECo is the total daily energy consumption with lights fully 
on, as measured by AHRI Standard 1200 (I-P)-2010 (kilowatt-hours);
    tdim is the time period during which the lights are dimmed due 
to the use of lighting occupancy sensors or scheduled lighting 
controls (hours);
    tdim,controls is the time case lighting is dimmed due to the use 
of lighting controls (hours);
    tdim,sensors is the time case lighting is dimmed due to the use 
of lighting occupancy sensors (hours);
    tl is the time period when lights would be on without lighting 
occupancy sensors and/or scheduled lighting controls (24 hours);
    toff is the time period during which the lights are off due to 
the use of lighting occupancy sensors and/or scheduled lighting 
controls (hours);
    toff,controls is the time case lighting is off due to the use of 
scheduled lighting controls (hours);
    toff,sensors is the time case lighting is off due to the use of 
lighting occupancy sensors (hours); and

[[Page 64322]]

    tsc is the time period when lighting is fully on with lighting 
occupancy sensors and scheduled lighting controls enabled (hours).
    1.2.2.1.i. For both a physical test and a calculation method, 
determine the estimated time off or dimmed, toff or 
tdim, as the sum of contributions from lighting occupancy 
sensors and scheduled lighting controls that dim or turn off 
lighting, respectively, as shown in the following equation:

toff, = toff,sensors + toff,controls
tdim = tdim,sensors + tdim,controls

    The sum of tsc, toff, and tdim 
should equal 24 hours and the total time period during which the 
lights are off or dimmed shall not exceed 10.8 hours. For cases with 
scheduled lighting controls, the time the case lighting is off and/
or dimmed due to scheduled lighting controls 
(toff,controls and/or tdim,controls, as 
applicable) shall not exceed 8 hours. For cases with lighting 
occupancy sensors installed, the time the case lighting is off and/
or dimmed due to lighting occupancy sensors (toff,sensors 
and/or tdim,sensors, as applicable) shall not exceed 10.8 
hours. For cases with lighting occupancy sensors and scheduled 
lighting controls installed, the time the case lighting is off and/
or dimmed due to lighting occupancy sensors (toff,sensors 
and/or tdim,sensors, as applicable) shall not exceed 2.8 
hours and the time the case lighting is off and/or dimmed due to 
scheduled lighting controls (toff,controls and/or 
tdim,controls, as applicable) shall not exceed 8 hours.
    1.2.2.1.ii. If using a physical test to determine the daily 
energy consumption, turn off the lights for a time period equivalent 
to toff and dim the lights for a time period equal to 
tdim. If night curtains are also being tested on the 
case, the period of lights off and/or dimmed shall begin at the same 
time that the night curtain is being deployed and shall continue 
consecutively, in that order, for the appropriate number of hours.
    1.2.2.1.iii. If using a calculation method to determine the 
daily energy consumption-
    1.2.2.1.iii.A. Calculate the LECsc using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TP28OC13.004

    1.2.2.1.iii.B. Calculate the CECA using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TP28OC13.005

Where EER represents the energy efficiency ratio from Table 1 in 
AHRI Standard 1200 (I-P)-2010 (incorporated by reference, see Sec.  
431.63) for remote condensing equipment or the values shown in the 
following table for self-contained equipment:

EER for Self-Contained Commercial Refrigerated Display Merchandisers and
                            Storage Cabinets
------------------------------------------------------------------------
               Operating temperature class                   EER Btu/W
------------------------------------------------------------------------
Medium..................................................              11
Low.....................................................               7
Ice Cream...............................................               5
------------------------------------------------------------------------

    1.2.2.1.iii.C. For remote condensing units, calculate the 
revised compressor energy consumption (CECR) by adding 
the CECA to the compressor energy consumption (CEC) 
measured in AHRI Standard 1200 (I-P)-2010 (incorporated by 
reference, see Sec.  431.63). The CDEC for the entire case is the 
sum of the CECR and LECsc (as calculated 
above) and the fan energy consumption (FEC), anti-condensate energy 
consumption (AEC), defrost energy consumption (DEC), and condensate 
evaporator pan energy consumption (PEC) (as measured in AHRI 
Standard 1200 (I-P)-2010).
    1.2.2.1.iii.D. For self-contained units, the TDEC for the entire 
case is the sum of total daily energy consumption as measured by the 
AHRI Standard 1200 (I-P)-2010 (incorporated by reference, see Sec.  
431.63) test with the lights fully on (TDECo) and 
CECA, less the decrease in lighting energy use due to 
lighting occupancy sensors and scheduled lighting controls, as shown 
in following equation.
[GRAPHIC] [TIFF OMITTED] TP28OC13.006

    1.2.3. Customer display signs/lights. Do not energize 
supplemental lighting that exists solely for the purposes of 
advertising or drawing attention to the case and is not integral to 
the case.
    1.2.4 Condensate pan heaters and pumps. All electric resistance 
condensate heaters and condensate pumps must be installed and 
operational during the test. This includes the stabilization period 
(including pull-down), steady-state, and performance testing 
periods. Prior to the start of the stabilization period as defined 
by ASHRAE 72-2005, the condensate pan must be dry. Following the 
start of the stabilization period, allow any condensate moisture 
generated to accumulate in the pan. Do not manually add or remove 
water to or from the condensate pan at any time during the test.
    1.2.5 Anti-sweat door heaters. Anti-sweat door heaters must be 
operational during the entirety of the test procedure. Models with a 
user-selectable setting must have the heaters energized and set to 
the maximum usage position. Models featuring an automatic, non-user-
adjustable controller that turns on or off based on environmental 
conditions must be operating in the automatic state. If a unit is 
not shipped with a controller from the point of manufacture and is 
intended to be used with an automatic, non-user-adjustable 
controller, test the unit with a manufacturer-recommended controller 
that turns on or off based on environmental conditions.
    1.2.6 Ultraviolet lights. Do not energize ultraviolet lights 
during the test.
    1.2.7 Illuminated temperature displays and alarms. All 
illuminated temperature displays and alarms shall be energized and 
operated during the test as they would be during normal field 
operation.
    1.2.8 Condenser filters. Remove any nonpermanent filters 
provided to prevent particulates from blocking a model's condenser 
coil.
    1.2.9 Refrigeration system security covers. Remove any devices 
used to secure the condensing unit.
    1.2.10 Night curtains and covers. For display cases sold with 
night curtains installed, the night curtain shall be employed for 6 
hours; beginning 3 hours after the start

[[Page 64323]]

of the first defrost period. Upon the completion of the 6-hour 
period, the night curtain shall be raised until the completion of 
the 24-hour test period.
    1.2.11 Grill options. Remove any optional non-standard grills 
used to direct airflow.
    1.2.12 Misting or humidification systems. Misting or 
humidification systems must be inactive during the test.
    1.2.13 Air purifiers. Air purifiers must be inactive during the 
test.
    1.2.14 General purpose outlets. During the test, do not connect 
any external load to any general purpose outlets contained within a 
unit.
    1.2.15 Crankcase heaters. Crankcase heaters must be operational 
during the test. If a control system, such as a thermostat or 
electronic controller, is used to modulate the operation of the 
crankcase heater, it must be utilized during the test.

2. Test Conditions

    2.1. Integrated Average Temperatures. Conduct the testing 
required in section 1 of this appendix B, and determine the daily 
energy consumption at the applicable integrated average temperature 
in the following table.

------------------------------------------------------------------------
                                                      Integrated average
            Category                Test procedure        temperature
------------------------------------------------------------------------
(i) Refrigerator with Solid       AHRI Standard 1200  38 [deg]F (2 [deg]F).
(ii) Refrigerator with            AHRI Standard 1200  38 [deg]F (2 [deg]F).
(iii) Freezer with Solid Door(s)  AHRI Standard 1200  0 [deg]F (2 [deg]F).
(iv) Freezer with Transparent     AHRI Standard 1200  0 [deg]F (2 [deg]F).
(v) Refrigerator-Freezer with     AHRI Standard 1200  38 [deg]F (2 [deg]F)
                                                       for refrigerator
                                                       compartment.
                                                      0 [deg]F (2 [deg]F)
                                                       for freezer
                                                       compartment.
(vi) Commercial Refrigerator      AHRI Standard 1200  38 [deg]F (2 [deg]F).
 Condensing Unit Designed for
 Pull-Down Temperature
 Applications and Transparent
 Doors.
(vii) Ice-Cream Freezer.........  AHRI Standard 1200  -15.0 [deg]F
                                   (I-P)-2010 \1\.     (2
                                                       [deg]F).
(viii) Commercial Refrigerator,   AHRI Standard 1200  (A) 0 [deg]F
 Freezer, and Refrigerator-        (I-P)-2010 \1\.     (2
 Freezer with a Self-Contained                         [deg]F) for low
 Condensing Unit and without                           temperature
 Doors.                                                applications.
                                                      (B) 38.0 [deg]F
                                                       (2
                                                       [deg]F) for
                                                       medium
                                                       temperature
                                                       applications.
(ix) Commercial Refrigerator,     AHRI Standard 1200  (A) 0 [deg]F
 Freezer, and Refrigerator-        (I-P)-2010 \1\.     (2
 Freezer with a Remote                                 [deg]F) for low
 Condensing Unit.                                      temperature
                                                       applications.
                                                      (B) 38.0 [deg]F
                                                       (2
                                                       [deg]F) for
                                                       medium
                                                       temperature
                                                       applications.
------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   431.63.

    2.2. Lowest Application Product Temperature. If a unit of 
commercial refrigeration equipment is not able to be operated at the 
integrated average temperature specified in the table in paragraph 
2.1 of this appendix, test the unit at the lowest application 
product temperature (LAPT), as defined in Sec.  431.62. For many 
units of equipment, LAPT is the lowest thermostat setting. For 
remote condensing equipment without a thermostat or other means of 
controlling temperature at the case, the lowest application product 
temperature is the temperature achieved with the adjusted dew point 
temperature (as defined in AHRI Standard 1200 (I-P)-2010) set to 5 
degrees colder than that required to maintain the manufacturer's 
lowest specified application temperature.
    2.3. Testing at NSF Test Conditions. For commercial 
refrigeration equipment that is also tested in accordance with NSF 
test procedures (Type I and Type II), integrated average 
temperatures and ambient conditions used for NSF testing may be used 
in place of the DOE-prescribed integrated average temperatures and 
ambient conditions provided they result in a more stringent test. 
That is, the measured daily energy consumption of the same unit, 
when tested at the rating temperatures and/or ambient conditions 
specified in the DOE test procedure, must be lower than or equal to 
the measured daily energy consumption of the unit when tested with 
the rating temperatures or ambient conditions used for NSF testing. 
The integrated average temperature measured during the test may be 
lower than the range specified by the DOE applicable temperature 
specification provided in paragraph 2.1 of this appendix, but may 
not exceed the upper value of the specified range. Ambient 
temperatures and/or humidity values may be higher than those 
specified in the DOE test procedure.

3. Volume and Total Display Area

    3.1. Determination of Volume. Determine the volume of a 
commercial refrigerator, freezer, refrigerator-freezer, or ice-cream 
freezer using the method set forth in the HRF-1-2008 (incorporated 
by reference, see Sec.  431.63), section 3.30, ``Volume,'' and 
sections 4.1 through 4.3, ``Method for Computing Refrigerated Volume 
of Refrigerators, Refrigerator-Freezers, Wine Chillers and 
Freezers.''
    3.2 Determination of Total Display Area. Determine the total 
display area of a commercial refrigerator, freezer, refrigerator-
freezer, or ice-cream freezer using the method set forth in AHRI 
Standard 1200 (I-P)-2010 (Incorporated by reference, see Sec.  
431.63). Specifically, total display area shall be the sum of the 
projects area(s) for visible product, expressed in ft\2\ (i.e., 
portions through which product can be viewed from an angle normal to 
the transparent area). See Figures B3.1, B3.2, and B3.3 as examples 
of how to calculate the dimensions associated with calculation of 
total display area. In the diagrams, Dh and L represent 
the dimensions of the projected visible product.
BILLING CODE 6450-01-P

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[GRAPHIC] [TIFF OMITTED] TP28OC13.008

[FR Doc. 2013-24354 Filed 10-25-13; 8:45 am]
BILLING CODE 6450-01-C