Energy Conservation Program: Test Procedure for Commercial Refrigerators, Refrigerator-Freezers, and Freezers

Federal RegisterSep 26, 2023

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2017-BT-TP-0008]

RIN 1904-AD83

Energy Conservation Program: Test Procedure for Commercial Refrigerators, Refrigerator-Freezers, and Freezers

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

The U.S. Department of Energy (“DOE”) amends the test procedures for commercial refrigerators, refrigerator-freezers, and freezers (“CRE”) to reference the latest versions of the applicable industry standards. DOE also establishes definitions and test procedures for new equipment categories, adopts test procedures consistent with recently published waivers and interim waivers, establishes product-specific enforcement provisions, allows for volume determinations based on computer-aided designs, specifies a sampling plan for volume and total display area, and adopts additional clarifying amendments.

DATES:

The effective date of this rule is October 26, 2023. The amendments will be mandatory for equipment testing starting September 20, 2024.

The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register on October 26, 2023.

ADDRESSES:

The docket, which includes

Federal Register

notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at

www.regulations.gov.

All documents in the docket are listed in the

www.regulations.gov

index. However, not all documents listed in the index may be publicly available, such as those containing information that is exempt from public disclosure.

A link to the docket web page can be found at

www.regulations.gov/docket/EERE-2017-BT-TP-0008.

The docket web page contains instructions on how to access all documents, including public comments, in the docket. For further information on how to review the docket, contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email:

ApplianceStandardsQuestions@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT:

Mr. Jeremy Dommu, 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) 586-9870. Email:

ApplianceStandardsQuestions@ee.doe.gov.

Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 20585-0121. Telephone: (202) 586-9496. Email:

Peter.Cochran@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

DOE incorporates by reference the following industry standards into 10 CFR part 431:

AHRI Standard 1200-2023 (I-P),

2023 Standard for Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets,

ANSI/AHRI Standard 1320-2011 (I-P),

2011 Standard for Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets for Use With Secondary Refrigerants,

ANSI/ASHRAE Standard 72-2022:

•

Method of Testing Open and Closed Commercial Refrigerators and Freezers,

approved June 30, 2022; and

• Errata Sheet, November 11, 2022

(“ANSI/ASHRAE 72-2022”).

ASTM F2143-16,

Standard Test Method for Performance of Refrigerated Buffet and Preparation Tables,

approved May 1, 2016 (“ASTM F2143-16”).

Copies of AHRI 1200-2023 and AHRI 1320-2011 can be obtained by going to

www.ahrinet.org/standards/search-standards.

Copies of ASHRAE 72-2022 can be obtained by going to

www.techstreet.com/standards/ashrae-72-2022?product_id=1710927

and the November 11, 2022 Errata can be obtained by going to

www.ashrae.org/technical-resources/standards-and-guidelines/standards-errata.

Copies of ASTM F2143-16 can be purchased at

www.astm.org/f2143-16.html.

For a further discussion of these standards, see section IV.N of this document.

Table of Contents

I. Authority and Background

A. Authority

B. Background

II. Synopsis of the Final Rule

III. Discussion

A. Scope and Definitions

1. Ice-Cream Freezers

2. High-Temperature CRE

3. Convertible Equipment

B. Updates to Industry Standards

1. AHRI 1200

2. ASHRAE 72

3. Secondary Coolants

C. Test Conditions for Specific CRE Categories

1. Salad Bars, Buffet Tables, and Refrigerated Preparation Tables

2. Pull-Down Temperature Applications

3. Blast Chillers and Blast Freezers

4. Chef Bases and Griddle Stands

5. Mobile Refrigerated Cabinets

6. Additional Covered Equipment

D. Harmonization of Efficiency Standards and Testing With NSF 7-2019 Food Safety

E. Dedicated Remote Condensing Units

F. Test Procedure Clarifications and Modifications

1. Defrost Cycles

2. Total Display Area

G. Alternative Refrigerants

H. Certification of Compartment Volume

I. Test Procedure Waivers

J. Enforcement Provisions

K. Lowest Application Product Temperature

L. Removal of Obsolete Provisions

M. Sampling Plan

N. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact

2. Harmonization With Industry Standards

O. Effective and Compliance Dates

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866, 13563 and 14094

B. Review Under the Regulatory Flexibility Act

C. Review Under the Paperwork Reduction Act of 1995

D. Review Under the National Environmental Policy Act of 1969

E. Review Under Executive Order 13132

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act of 1995

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

I. Review Under Executive Order 12630

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

K. Review Under Executive Order 13211

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

M. Congressional Notification

N. Description of Materials Incorporated by Reference

V. Approval of the Office of the Secretary

I. Authority and Background

Commercial refrigerators, refrigerator-freezers, and freezers (collectively, commercial refrigeration equipment, or “CRE”) are included in the list of “covered equipment” for which the U.S. Department of Energy (“DOE”) is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6311)(1)(E)) DOE's energy conservation standards and test procedures for CRE are currently prescribed at subpart C of part 431 of title 10 of the Code of Federal Regulations (“CFR”). The following

sections discuss DOE's authority to establish test procedures for CRE and relevant background information regarding DOE's consideration of test procedures for this equipment.

A. Authority

The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”),

authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C

of EPCA, added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This equipment includes CRE, the subject of this document. (42 U.S.C. 6311 (1)(E))

All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020), which reflect the last statutory amendments that impact Parts A and A-1 of EPCA.

For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A-1.

The energy conservation program under EPCA consists essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296).

The Federal testing requirements consist of test procedures that manufacturers of covered equipment must use as the basis for: (1) certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making other 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(a); 42 U.S.C. 6295(s))

Federal energy efficiency requirements for covered equipment established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. (42 U.S.C. 6316(b)(2)(D))

Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered equipment. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect energy efficiency, energy use, or estimated annual operating cost of a given type of covered equipment during a representative average use cycle, and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))

With respect to CRE, EPCA requires DOE to use the test procedures determined by the Secretary to be generally accepted industry standards, or industry standards developed or recognized by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (“ASHRAE”) or American National Standards Institute (“ANSI”). (42 U.S.C. 6314(a)(6)(A)(i)) With regard to self-contained CRE to which statutory standards are applicable, the required initial test procedure is the ASHRAE 117 test procedure in effect on January 1, 2005. (42 U.S.C. 6314(a)(6)(A)(ii)) Additionally, EPCA requires that if ASHRAE 117 is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the statutory requirements regarding representativeness and burden. (42 U.S.C. 6314(a)(6)(E)) Finally, EPCA states that if a test procedure other than the ASHRAE 117 test procedure is approved by ANSI, DOE must review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure and adopt one new test procedure for use in the standards program. (42 U.S.C. 6314(a)(6)(F)(i))

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, “Method of Testing Commercial Refrigerators and Freezers,” which was approved by ANSI on July 29, 2005.

EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered equipment, including CRE, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle. (42 U.S.C. 6314(a)(1))

In addition, if the Secretary determines that a test procedure amendment is warranted, the Secretary must publish proposed test procedures in the

Federal Register

and afford interested persons an opportunity (of not less than 45 days' duration) to present oral and written data, views, and arguments on the proposed test procedures. (42 U.S.C. 6314(b)) If DOE determines that test procedure revisions are not appropriate, DOE must publish in the

Federal Register

its determination not to amend the test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))

DOE is publishing this final rule in satisfaction of the 7-year review requirement specified in EPCA. (42 U.S.C. 6314(a)(1)(A))

B. Background

DOE's current test procedure for CRE appears at 10 CFR part 431, subpart C, appendix B (“Amended Uniform Test Method for the Measurement of Energy Consumption of Commercial Refrigerators, Freezers, and Refrigerator-Freezers” or “appendix B”).

DOE last amended the test procedure for CRE in a final rule published on April 24, 2014 (“April 2014 Final Rule”). 79 FR 22277. Specifically, DOE clarified certain terms, procedures, and compliance dates to improve repeatability and provide additional detail compared to the prior version of the test procedure. DOE noted that the amendments in the April 2014 Final Rule would not affect the energy use of CRE as measured under the prior version of the test procedure. 79 FR 22277, 22280-22281.

The test procedure incorporates by reference the following industry standards: (1) AHRI Standard 1200 (I-P)-2010, “Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets” (“AHRI 1200-2010”); (2) ASHRAE Standard 72-2005, “Method of Testing Commercial Refrigerators and Freezers,” which was approved by ANSI on July 29, 2005 (“ASHRAE 72-2005”); and (3) ANSI/Association of Home Appliance Manufacturers (“AHAM”) Standard HRF-1-2008, “Energy and Internal Volume of Refrigerating Appliances” (“AHAM HRF-1-2008”) for determining refrigerated volumes for CRE.

On June 11, 2021, DOE published in the

Federal Register

an early assessment

request for information (“June 2021 RFI”) seeking comments on the existing DOE test procedure for CRE. 86 FR 31182. In the June 2021 RFI, DOE requested comments, information, and data regarding a number of issues, including (1) scope and definitions, (2) updates to industry standards, (3) test conditions for specific CRE categories, (4) harmonization with food safety standards, (5) remote condensing units, (6) test procedure clarifications, (7) alternative refrigerants, (8) compartment volume certification, and (9) test procedure waivers.

On June 30, 2022, DOE published in the

Federal Register

a notice of proposed rulemaking (“NOPR”) that proposed to update and establish test procedures for CRE (“June 2022 NOPR”). 87 FR 39164. In the June 2022 NOPR, DOE proposed to and requested feedback on the following:

(1) Establish new definitions for high-temperature refrigerator, medium-temperature refrigerator, low-temperature freezer, and mobile refrigerated cabinet, and amend the definition for ice-cream freezer;

(2) Incorporate by reference the most current versions of industry standards AHRI 1200, ASHRAE 72, and AHRI 1320;

(3) Establish definitions and a new appendix C including test procedures for buffet tables and preparation tables;

(4) Establish definitions and a new appendix D including test procedures for blast chillers and blast freezers;

(5) Amend the definition for chef base or griddle stand;

(6) Specify refrigerant conditions for CRE that use R-744;

(7) Allow for certification of compartment volumes based on computer-aided design (“CAD”) models;

(8) Incorporate provisions for defrosts and customer order storage cabinets currently specified in waivers and interim waivers;

(9) Adopt product-specific enforcement provisions;

(10) Clarify use of the lowest application product temperature (“LAPT”) provisions;

(11) Remove the obsolete test procedure in appendix A; and

(12) Specify a sampling plan for volume and total display area (“TDA”).

87 FR 39164.

DOE received comments in response to the June 2022 NOPR from the interested parties listed in Table I.1.

Table I.1—List of Commenters With Written Submissions in Response to the June 2022 NOPR

Commenter(s)

Reference in this final rule

Comment No. in the docket

Commenter type

AHT Cooling Systems GmbH

AHT

Manufacturer.

Air-Conditioning, Heating, and Refrigeration Institute

AHRI

Trade Association.

Appliance Standards Awareness Project, American

Council for an Energy-Efficient Economy, and Natural Resources Defense Council

Joint Commenters

Efficiency Organizations.

Continental Refrigerator

Continental

Manufacturer.

Hillphoenix, Inc

Hillphoenix

Manufacturer.

Hoshizaki America, Inc

Hoshizaki

Manufacturer.

Hussmann Corporation

Hussmann

Manufacturer.

National Automatic Merchandising Association

NAMA

Trade Association.

North American Association of Food Equipment Manufacturers

NAFEM

Trade Association.

Northwest Energy Efficiency Alliance

NEEA

Efficiency Organization.

Pacific Gas and Electric Company, San Diego Gas & Electric, and Southern California Edison; collectively, the California Investor-Owned Utilities

CA IOUs

Energy Utilities.

True Manufacturing Company, Inc

True

Manufacturer.

Zero Zone, Inc

Zero Zone

Manufacturer.

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.

To the extent that interested parties have provided written comments that are substantively consistent with any oral comments provided during the August 1, 2022, public meeting, DOE cites the written comments throughout this final rule. Any oral comments provided during the public meeting that are not substantively addressed by written comments are summarized and cited separately throughout this final rule.

The parenthetical reference provides a reference for information located in the docket of DOE's rulemaking to develop test procedures for CRE. (Docket No. EERE-2017-BT-TP-0008, which is maintained at

www.regulations.gov

). The references are arranged as follows: (commenter name, comment docket ID number, page of that document).

II. Synopsis of the Final Rule

In this final rule, DOE amends and establishes test procedures for CRE as follows:

(2) Incorporate by reference the most current versions of industry standards AHRI 1200, ASHRAE 72, and AHRI 1320;

(3) Establish definitions and a new appendix C including test procedures for buffet tables and preparation tables;

(4) Establish definitions and a new appendix D including test procedures for blast chillers and blast freezers;

(5) Amend the definition and certain test conditions for chef bases or griddle stands;

(6) Specify refrigerant conditions for CRE that use R-744;

(7) Allow for certification of compartment volumes based on computer-aided design (“CAD”) models;

(8) Incorporate provisions for defrosts and customer order storage cabinets currently specified in waivers and interim waivers;

(9) Adopt product-specific enforcement provisions;

(10) Clarify use of the lowest application product temperature (“LAPT”) provisions;

(11) Remove the obsolete test procedure in appendix A; and

(12) Specify a sampling plan for volume and total display area (“TDA”).

The adopted amendments are summarized and compared to the test procedure provision prior to the amendment in Table II.1, along with the reason for the adopted change.

Table II.1—Summary of Changes in the Amended Test Procedure

DOE Test Procedure Prior to Amendment

Amended Test Procedure

Changes from the June 2022 NOPR proposed test procedure summary of changes

Attribution

Defines commercial refrigerator without delineating between units that operate at medium and high temperatures

Defines high-temperature refrigerator and medium-temperature refrigerator to account for new high-temperature rating point

None

Improves representativeness.

Defines ice-cream freezer as a type of commercial freezer

Defines low-temperature freezer to delineate between ice-cream freezers and other commercial freezers

None

Improves representativeness.

Ice-cream freezer definition refers only to “ice cream”

Ice-cream definition refers more broadly to “ice cream and other frozen desserts”

Expanded to “ice cream and other frozen desserts”

Improves representativeness.

References AHRI 1200-2010 for rating requirements

References AHRI 1200-2023 for rating requirements

Updated to harmonize with most recent version of AHRI 1200

Harmonizes with most recent industry standard.

References ASHRAE 72-2005 for test requirements

References ASHRAE 72-2022 with Errata for test requirements

Updated to harmonize with most recent version of ASHRAE 72

Harmonizes with most recent industry standard.

References AHAM HRF-1-2008 for volume measurement

References AHRI 1200-2023 for volume requirements

Updated to harmonize with most recent version of AHRI 1200

Harmonizes with most recent industry standard.

Includes a single 38 °F rating point for commercial refrigerators

Specifies 38 °F rating point for medium-temperature refrigerators and 55 °F rating point for high-temperature refrigerators

None

Improves representativeness; harmonizes with industry standard.

Does not specify a method for testing CRE with secondary coolants

References AHRI 1320-2011 for CRE used with secondary coolants

None

Improves representativeness; harmonizes with industry standard.

Does not specify definitions or test procedures for buffet tables and preparation tables

Defines buffet table and preparation table and establishes test procedures based on ASTM F2143-16

None

Improves representativeness; harmonizes with industry standard.

Does not specify definitions or test procedures for blast chillers and blast freezers

Defines blast chiller and blast freezer and establishes test procedures based on expected industry test method

None

Improves representativeness; harmonizes with industry standard.

Chef base or griddle stand definition does not refer to a maximum height

Clarifies chef base or griddle stand definition by specifying a maximum height of 32 in. for this equipment

None

Improves representativeness.

Chef bases or griddle stands have a dry-bulb temperature of 75.2 °F; wet-bulb temperature of 64.4 °F; and radiant heat temperature of greater than or equal to 70.0 °F

Chef bases or griddle stands have a dry-bulb temperature of 86.0 °F; wet-bulb temperature of 73.7 °F; and radiant heat temperature of greater than or equal to 81.0 °F

Updated test conditions

Improves representativeness.

Does not provide procedures for CRE with no automatic defrost or with long duration defrost cycles

References ASHRAE 72-2022 with Errata for test instructions for units with no automatic defrost and adopts optional two-part test for CRE with defrost cycles longer than 24 hours

Updated to harmonize with most recent version of ASHRAE 72

Addresses existing waiver; harmonizes with industry standard.

Includes conflicting instructions regarding TDA calculation

Corrects errors in current test procedure by reference to AHRI 1200-2023

Updated to harmonize with most recent version of AHRI 1200

Improves representativeness, repeatability, and reproducibility; harmonizes with industry standard.

Provides refrigerant conditions that are applicable only to common refrigerants

Specifies refrigerant conditions to allow for testing with carbon dioxide refrigerant

Includes tolerances and updates conditions to ensure appropriate operation within tolerances

Improves representativeness; harmonizes with existing waiver.

Requires determining volume based on testing

Allows the use of CAD models to certify volume

None

Reduces test burden.

Specifies a single door opening sequence

Defines customer order storage cabinet equipment category and specifies an alternate door opening sequence for this equipment

None

Improves representativeness; harmonizes with existing waiver.

Does not specify product-enforcement provisions

Includes product-enforcement provisions for determining volume and TDA

None

Improves clarity.

Specifies LAPT instructions for temperatures above target test temperature

Clarifies use of LAPT provisions for operating temperatures below the target test temperature

None

Improves clarity.

Includes obsolete appendix A and current appendix B test procedures

Removes obsolete appendix A; adds new appendix C for testing buffet tables and preparation tables, and adds new appendix D for testing blast chillers and blast freezers

None

Improves readability.

Does not specify a sampling plan for volume and TDA

Specifies that volume and TDA be determined based on the mean of the test sample

None

Improves representativeness, repeatability, and reproducibility.

DOE has determined that the amendments described in section III of this document and adopted in this document will not alter the measured efficiency of CRE currently subject to energy conservation standards, or require retesting or recertification solely as a result of DOE's adoption of the amendments to the test procedures. Additionally, DOE has determined that the amendments will not increase the cost of testing for CRE currently tested to the existing test procedure. For chef bases or griddle stands, buffet tables and preparation tables, and blast chillers and blast freezers, testing according to the amended or established test procedure will not be required until the compliance date of any energy conservation standards for that equipment. However, any representations of energy use for chef bases or griddle stands, buffet tables and preparation tables and blast chillers and blast freezers must be made in accordance with the amended test procedure starting 360 days after this final rule publishes in the

Federal Register

. While DOE does not expect that manufacturers will incur additional cost as a result of the established test procedure, DOE provides a discussion of testing costs in section III.O.1 of this document. Discussion of DOE's actions are addressed in detail in section III of this document.

The effective date for the amended test procedures adopted in this final rule is 30 days after publication of this document in the

Federal Register

. Representations of energy use or energy efficiency must be based on testing in accordance with the amended test procedures beginning 360 days after the publication of this final rule.

III. Discussion

A. Scope and Definitions

“Commercial refrigerator, freezer, and refrigerator-freezer” means refrigeration equipment that is not a consumer product (as defined in 10 CFR 430.2); is not designed and marketed exclusively for medical, scientific, or research purposes; operates at a chilled, frozen, combination chilled and frozen, or variable temperature; displays or stores merchandise and other perishable materials horizontally, semi-vertically, or vertically; has transparent or solid doors, sliding or hinged doors, a combination of hinged, sliding, transparent, or solid doors, or no doors; is designed for pull-down temperature applications or holding temperature applications; and is connected to a self-contained condensing unit or to a remote condensing unit. 10 CFR 431.62.

For the purpose of determining applicability of certain test procedure provisions, DOE proposed in the June 2022 NOPR to amend certain existing definitions and to establish certain new definitions, as discussed in the following paragraphs. 87 FR 39164, 39168-39171. DOE discusses additional equipment definitions and test procedures for specific equipment categories in section III.C of this document.

1. Ice-Cream Freezers

DOE defines certain categories of CRE, including “ice-cream freezer.” DOE defines an “ice-cream freezer” as a commercial freezer that is designed to operate at or below −5 °F ±2 °F (−21 °C ±1.1 °C) and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of ice cream. 10 CFR 431.62.

In the June 2022 NOPR, DOE did not identify any technical features that would allow for distinguishing ice-cream freezers from other commercial freezers capable of operating at low temperatures and therefore did not propose in the June 2022 NOPR to include any additional equipment characteristics in the ice-cream freezer definition. 87 FR 39164, 39168.

a. Frozen Desserts

DOE noted in the June 2022 NOPR that the equipment term and definition reference “ice cream,” but “ice cream” is not defined. 87 FR 39164, 39168. DOE acknowledged that other frozen products may be similarly stored and displayed.

Id.

For example, food products such as gelato, frozen yogurt, and sorbet are typically displayed, stored, and dispensed in the same manner as ice cream.

Id.

The CRE used for these products is likely similar, if not identical, to equipment used to store, display, or dispense ice cream.

Id.

To clarify the equipment classification and to avoid potential misunderstanding that the term “ice-cream freezer” is limited to equipment associated with ice cream and not other similar products, DOE proposed in the June 2022 NOPR to amend this term's definition to refer to equipment designed, marketed, or intended for the storing, displaying, or dispensing of “frozen desserts,” rather than ice cream specifically. 87 FR 39164, 39169. DOE stated in the NOPR that it does not expect this proposal to affect testing or certifications for existing CRE, because equipment designed for frozen desserts other than ice cream that otherwise meets the ice-cream freezer definition are likely already tested and certified as ice-cream freezers.

Id.

As proposed in the June 2022 NOPR,

ice-cream freezer

means:

(1) Prior to the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers, a commercial freezer that is designed to

operate at or below −5.0 °F (±2.0 °F) and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of frozen desserts; or

(2) Upon the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers, a commercial freezer that is designed for an operating temperature at or below −15.0 °F (±2.0 °F) and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of frozen desserts.

Id.

In response to the June 2022 NOPR, Hussmann stated its support of the amended definition for “frozen desserts” rather than ice cream specifically. (Hussmann, No. 32, p. 2) Hussmann also asked DOE to include in this definition the temperature range needed to operate ice-cream freezers, stating it does not oppose the definition change, but cautioning that some models intended for “frozen desserts” may not be able to achieve the DOE ice-cream ratings.

Id.

The CA IOUs stated their support to amend the definition for “ice-cream freezer” to include all “frozen desserts” and to test frozen dessert freezers at either 0 °F or −15 °F. (CA IOUs, No. 36, p. 10)

AHRI disagreed with DOE's proposal to amend the ice-cream freezer definition to refer to equipment intended for “frozen desserts,” because while some commercial refrigeration equipment models are sold and marketed as “ice-cream freezers,” AHRI was not aware of any product specifically marketed for “frozen desserts.” (AHRI, No. 38, p. 2). AHRI noted that the term “frozen desserts” was not defined, and that DOE indicated its intention to clarify “ice cream” could include gelato, frozen yogurt, sorbet, and other ice-cream-like products.

Id.

AHRI commented that they disagree with DOE's statement that these products are typically displayed, stored, and dispensed in the same manner as ice cream; in fact, these additional products have an array of temperature requirements depending on their characteristics

(

fat content, etc.) and the application holding, dispensing, etc.).

Id.

AHRI also noted that the term “frozen desserts” is problematic because it might encompass products with requirements different than ice-cream-like, such as frozen pastries, cakes, fruits, chocolates, and other confectionary items served frozen at the end of a meal, while excluding “frozen treats” or “frozen snacks.”

Id.

Continental commented that it disagreed with DOE's proposal to amend the ice-cream freezer definition to refer to equipment intended for “frozen desserts;” while some commercial refrigeration equipment models are sold and marketed as “ice-cream freezers,” Continental knew of none marketed for “frozen desserts,” a term DOE has not defined. (Continental, No. 29, p. 1-2) Continental disagreed with DOE's statement that gelato, frozen yogurt, sorbet, and other ice-cream-like products were typically displayed, stored, and dispensed in the same manner as ice cream, as described in the NOPR, since these products have an array of temperature requirements depending on their characteristics (fat content, etc.) and the application (holding, dispensing, etc.).

Id.

Continental also found the term “frozen desserts” problematic because it might include frozen pastries, cakes, fruits, chocolates, and other confectionary items served frozen at the end of a meal, but with temperature requirements different than ice-cream-like products.

Id.

Continental commented that ice-cream freezers have features, such as manual defrost systems and cold-wall evaporators, that differentiate them from standard freezers to minimize temperature excursions during normal defrost periods.

Id.

Hillphoenix disagreed with the proposal to amend the ice-cream freezer definition to refer to frozen desserts, as this change will not clarify the intended equipment to which this category is applied and will continue to drive uncertainty in the industry. (Hillphoenix, No. 35, p. 1) Hillphoenix recommended removing the product type reference from the category name and referencing a general name based on manufacturers' intent and internal air temperature (“IAT”).

Id.

Hillphoenix commented that the operating temperature combined with manufacture intent would be the main characteristic that distinguishes different types of freezers, and noted that the proposed high-temperature, the existing medium-temperature, and low-temperature categories do not reference a specific product type.

Id.

Hillphoenix stated the term “ice-cream freezer” could be named “sub-zero freezer.”

Id.

In response to Hussmann's comment, DOE states that the definition of “ice-cream freezer,” as proposed in the June 2022 NOPR, includes the operating temperature range required to meet the definition of an ice-cream freezer. 87 FR 39164, 39168. Any model that is unable to operate at the required integrated average temperature shall use the lowest application product temperature to certify.

In response to AHRI's, Continental's, and Hillphoenix's comments, DOE provided examples in the June 2022 NOPR of ice-cream-like products that are typically displayed, stored, and dispensed in the same manner as ice cream (gelato, frozen yogurt, and sorbet). 87 FR 39164, 39168-39169. As stated in the June 2022 NOPR, the CRE used for these food products is likely similar, if not identical, to equipment used to store, display, or dispense ice cream.

Id.

In addition, DOE has determined that “frozen treats” or “frozen snacks” are understood to be synonymous with “frozen desserts.” To provide greater clarity, DOE is amending the definition to specify “of ice cream or other frozen desserts”. DOE also notes that the definition of “ice-cream freezer,” as proposed in the June 2022 NOPR, includes the operating temperature range required to meet the definition, and that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of frozen desserts. 87 FR 39164, 39168-39170. If a commercial freezer does not meet the requirements of an ice-cream freezer, then it would be a low-temperature freezer, according to the definition as proposed in the June 2022 NOPR.

Id.

In response to Continental's comment regarding certain features of ice-cream freezers, DOE stated in the June 2022 NOPR that, while ice-cream freezers may implement manual defrosts or cold wall evaporators, DOE is aware of these equipment designs in other commercial freezers, such that they do not uniquely distinguish ice-cream freezers. 87 FR 39164, 39169.

b. Operating Temperature Range

Appendix B requires testing all ice-cream freezers to an IAT of −15 °F. However, the term “ice-cream freezer” includes a variety of equipment with a range of typical operating temperatures during normal use. For example, certain ice-cream freezers are designed to operate considerably below −5 °F (sometimes referred to as “hardening cabinets” and specifically designed for ice-cream storage), while other ice-cream freezers are designed to operate closer to 0 °F during typical use (

e.g.,

“dipping cabinets” and other equipment used to hold ice cream intended for immediate consumption). Ice-cream freezers intended for higher-temperature operation are often not capable of achieving an IAT of −15 °F. In such an instance, appendix B requires testing the units to the LAPT.

AHRI 1200-2023 maintains the existing rating points for commercial freezers (

i.e.,

−15.0 °F ±2.0 °F for ice-cream applications and 0.0 °F ±2.0 °F for low-temperature applications) in section 4.1.1, “Integrated Average

Temperature.” Consistent with AHRI 1200-2023, DOE is not amending the commercial freezer target IATs for testing.

Of the 346 ice-cream freezer models certified to DOE,

21 are rated based on LAPTs higher than −15 °F, including 12 models with a rating temperature of −5 °F. Many of these models have a horizontal or service over counter configuration and are intended to hold ice cream for immediate consumption.

Based on review of DOE's Compliance Certification Database, available at

www.regulations.doe.gov/certification-data

(last accessed February 23, 2023).

DOE recognizes that testing and rating certain commercial freezers to 0 °F may be more appropriate than testing and rating to −15 °F. DOE already requires a 0 °F rating temperature for commercial freezers. In the June 2022 NOPR, DOE tentatively determined that ice-cream freezers that meet the current ice-cream freezer definition but cannot operate as low as an IAT of −15 °F ±2 °F can be tested at an IAT of 0 °F ±2 °F. 87 FR 39164, 39170.

To better distinguish between ice-cream freezers and other commercial freezers (

i.e.,

ice-cream freezers not capable of reaching an IAT of −15 °F ±2.0 °F), DOE proposed in the June 2022 NOPR to amend the ice-cream freezer definition to specify that the designed operating temperature is required to be at or below −15.0 °F (±2.0 °F), upon the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers. 87 FR 39164, 39170. DOE also proposed to clarify which commercial freezers are required to test at an IAT of 0 °F according to appendix B by defining the term “low-temperature freezer” to mean a commercial freezer that is not an ice-cream freezer.

Id.

In the June 2022 NOPR, DOE requested comment on the proposed amended definition for “ice-cream freezer” and the proposed definition for “low-temperature freezer.”

Id.

Zero Zone and AHRI commented that modifying the definition of “ice-cream freezer” through two separate requests is confusing and asked that in future correspondence, DOE provide the composite final draft of a definition. (Zero Zone, No. 37, p. 2; AHRI, No. 38, p. 2) Zero Zone and AHRI also commented that the rules for different product categories are based on temperature, but both groups could find no mention of temperature in this context and assumed it was the IAT.

Id.

Zero Zone and AHRI asked that DOE clarify and state that the temperatures listed are the integrated average product temperature.

Id.

In addition, Zero Zone and AHRI commented that mixing product types and product temperatures in a definition was challenging and confusing.

Id.

Zero Zone and AHRI stated that manufacturers make generic commercial freezers that customers employ in a variety of uses.

Id.

Finally, Zero Zone and AHRI stated that in the 2007 proposed rule (RE: 10 CFR part 431.62 and FR/Vol 72 No. 143/Thursday, July 26, 2007 page 41173)

(“July 2007 ANOPR”), DOE clarified the application and definition of “generic commercial freezer” and requested that DOE codify its comments from 2007 into the formal definition, because it currently exists only in a proposed rule and should be clarified in a final rule to ease manufacturer concerns.

Id.

See

www.govinfo.gov/content/pkg/FR-2007-07-26/pdf/07-3640.pdf.

In the August 2022 public meeting, ICF commented that rather than saying “operate at or below −5 plus-or-minus 2 Fahrenheit,” there should be a threshold and no tolerance because “at or below” contradicts “plus-or-minus 2,” and the same is the case with the refrigerators. (Public Meeting Transcript, No. 41, p. 21).

AHRI, Continental, and Hussmann commented that they agree with DOE's intention to amend the definition of “ice-cream freezer” to products with operating temperatures at or below −15 °F, but recommended refining the definition to specify “ice-cream hardening freezer” or “ice-cream holding freezer” to clarify the proper application and equipment marketing. (AHRI, No. 38, p. 3; Continental, No. 29, p. 2; Hussmann, No. 32, p. 2) AHRI, Continental, and Hussmann also commented they were unaware of any ice cream that was dispensed or served at or below −15 °F.

Id.

Continental agreed with DOE that a separate definition for “low-temperature freezer” as a commercial freezer that will maintain −15 °F but is not an ice-cream freezer was appropriate. (Continental, No. 29, p. 2) Continental further commented that equipment in this category should be tested and rated at −15 °F to reflect the intended application.

Id.

Continental stated commercial freezers that cannot operate as low as −15 °F, and are not marketed for ice-cream applications, can be tested and rated at 0 °F, and should be classified under the current definition of “commercial freezer.”

Id.

In addition, Continental commented that although the test procedures for “ice-cream hardening/holding” and “non-ice-cream” freezers at −15 °F may be similar, DOE's energy standards expressed in 10 CFR part 431 have significant differences in how allowable energy consumption levels are calculated for self-contained ice-cream freezers versus other self-contained commercial freezers, therefore changes in this test procedure rulemaking will have substantial impact.

Id.

Hillphoenix agreed with the proposal to amend the ice-cream freezer operating temperature to be ≤ −15 °F and to include this in the definition, but recommended that DOE specify if the rating temperature of −15 °F IAT will change, as currently the ice-cream freezer category has an operating temperature of ≤ −5 °F and a rating temperature of −15 °F ±2 °F IAT. (Hillphoenix, No. 35, p. 1)

Hillphoenix disagreed with the proposal to modify the definition of “low-temperature freezer” to refer to a non-ice-cream freezer, as this change will not clarify the intended equipment in this category since ice cream can be displayed in freezers not intended to operate at ≤ −15 °F, which will continue to drive uncertainty in the industry. (Hillphoenix, No. 35, p. 1) Hillphoenix recommended that DOE amend the operating temperature of the low-temperature category from > −5 °F and <32 °F to > −15 °F and <32 °F if such changes are applied to the ice-cream category.

Id.

Hillphoenix also proposed that each category of CRE reference the IAT only and not the operating temperature to drive consistency between categories.

Id.

NEEA supported DOE's proposed modifications to the definition of “ice-cream freezers” to include operating characteristics instead of how the equipment was marketed for use because technical characteristics provide clearer differentiation of equipment than marketing materials. (NEEA, No. 39, p. 2). NEEA restated its previous concern that some ice-cream freezers that meet the existing marketing-based definition cannot operate at an IAT of −15 °F ±2 °F, which represents DOE's proposed defining characteristic and DOE has proposed a new term, “low-temperature freezer” for those ice-cream freezers, with their testing point at 0 °F.

Id.

NEEA recommended that DOE review the products that meet this new definition of “low-temperature freezer” but not the new definition for “ice-cream freezer” to ensure that the equipment is similar enough to be grouped together and that the test conditions are representative for all products.

Id.

The Joint Commenters stated support for DOE's proposed changes that remove ambiguity in the definition of “ice-cream freezers” and ensure all ice-cream

and low-temperature freezers are tested at a uniform temperature, −15 °F and 0 °F, respectively. (Joint Commenters, No. 31, p. 1)

The CA IOUs commented that, in a survey of products available on the market, they determined ice-cream dipping cabinets listed in DOE's Compliance Certification Management System (“CCMS”) that were tested at −5 °F and −10 °F can achieve 0 °F. (CA IOUs, No. 36, p. 10)

True commented that the equipment category of “low-temperature freezer” is not included in NSF/ANSI 7-2021. (True, No. 28, p. 4) True also commented that when a freezer is designed to hold −15.0 °F (±2.0 °F), the energy consumption will be much higher due to the use of larger displacement compressors, as well as the use of more anti-condensation and defrost heaters, such as heated glass.

Id.

In response to Zero Zone's and AHRI's comments, DOE notes that the definition of “ice-cream freezer,” as proposed in the June 2022 NOPR, refers to “operating temperature,” defined in 10 CFR 431.62 as follows:

Operating temperature

means the range of integrated average temperatures at which a self-contained commercial refrigeration unit or remote-condensing commercial refrigeration unit with a thermostat is capable of operating or, in the case of a remote-condensing commercial refrigeration unit without a thermostat, the range of integrated average temperatures at which the unit is marketed, designed, or intended to operate.

However, DOE understands the definition of “ice-cream freezer,” as proposed in the June 2022 NOPR, states “operating temperature” in the second part of the definition and “to operate” in the first part of the definition. 87 FR 39164, 39168-39170. Therefore, DOE is amending the definition of “ice-cream freezer” to include “operating temperature” in both parts of the definition.

Zero Zone and AHRI also referenced the July 2007 ANOPR discussion of the “ice-cream freezer” definition. DOE expects that Zero Zone and AHRI are referring to the discussion which states that unless equipment is designed, marketed, or intended specifically for the storage, display or dispensing of ice cream, it would not be considered an “ice-cream freezer.” 72 FR 41161, 41173. Multi-purpose commercial freezers, manufactured for storage and display, for example, of frozen foods as well as ice cream would not meet this definition.

Id.

DOE also expects that the update to “ice-cream applications” in section 4.1.1.2 of AHRI 1200-2023 is consistent with Zero Zone's and AHRI's comments. Consistent with the discussion of the July 2007 ANOPR, DOE is amending the definition of “ice-cream freezer” to include the term “specifically”.

In response to ICF's comment, DOE is amending the definition of “ice-cream freezer” to remove the temperature tolerances and adjusting the temperature in the second part of the definition to specify the upper bound of the ice-cream freezer IAT test condition tolerance, consistent with DOE's intention of the definition proposed in the June 2022 NOPR.

In response to AHRI's, Continental's, and Hussmann's comments, the definition of “ice-cream freezer,” as proposed in the June 2022 NOPR, states that the manufacturer designs, markets, or intends for the storing, displaying, or dispensing of frozen desserts which encompasses terms or equipment such as “ice-cream hardening” or “ice-cream holding.” 87 FR 39164, 39168-39169. DOE notes that if a commercial freezer does not meet the requirements of an ice-cream freezer, then the commercial freezer would be a low-temperature freezer, according to the definition as proposed in the June 2022 NOPR. 87 FR 39164, 39170. Commercial freezers that are not ice-cream freezers (

i.e.,

low-temperature freezers) are currently tested at 0 °F (±2 °F). As discussed in the June 2022 NOPR, the definition of “ice-cream freezer” will not require a more restrictive operating temperature range until the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers. 87 FR 39164, 39170.

In response to Hillphoenix's comment, as stated in the June 2022 NOPR, DOE is not amending the commercial freezer target IATs for testing, which is consistent with AHRI 1200-2023. 87 FR 39164, 39170. As stated in the June 2022 NOPR, DOE recognizes that the reference to “ice-cream” in the definition of “ice-cream freezer” does not itself distinguish this equipment from other commercial freezers, and that the additional descriptors specified in the definition (

i.e.,

designed to operate at or below −5 °F) together classify a unit as an ice-cream freezer. 87 FR 39164, 39169. Therefore, a commercial freezer that is not designed for an operating temperature at or below −5.0 °F, or −13.0 °F upon the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers, and that the manufacturer designs, markets, or intends specifically for the storing, displaying, or dispensing of ice cream or other frozen desserts would meet the definition of a low-temperature freezer.

In response to NEEA's comment, DOE states the CRE that currently meet the definition of “ice-cream freezer” but that would only meet the definition of “low-temperature freezer” upon the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers, are likely similar, if not identical, to certain equipment that currently meet the definition of “low-temperature freezer.”

In response to True's comment, DOE recognizes that the definitions and categories do not necessarily match those included in the NSF 7 standard, but DOE is establishing definitions for the purposes of the DOE test procedure. To the extent that different equipment categories require different components due to different operating temperatures, DOE would consider the corresponding energy use impacts as part of the energy conservation standards rulemaking.

Therefore, as described, DOE is amending the definition of “ice-cream freezer” as follows:

Ice-cream freezer

means:

(1) Prior to the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers, a commercial freezer that is capable of an operating temperature at or below −5.0 °F and that the manufacturer designs, markets, or intends specifically for the storing, displaying, or dispensing of ice cream or other frozen desserts; or

(2) Upon the compliance date(s) of any amended energy conservation standard(s) for ice-cream freezers, a commercial freezer that is capable of an operating temperature at or below −13.0 °F and that the manufacturer designs, markets, or intends specifically for the storing, displaying, or dispensing of ice cream or other frozen desserts.

DOE is establishing the definition of “low-temperature freezer” as proposed in the June 2022 NOPR in this final rule:

Low-temperature freezer

means a commercial freezer that is not an ice-cream freezer.

2. High-Temperature CRE

DOE defines “commercial refrigerator” as a unit of commercial refrigeration equipment in which all refrigerated compartments in the unit are capable of operating at or above 32 °F (±2 °F). 10 CFR 431.62.

Section 2.1 of appendix B requires testing commercial refrigerators to an IAT of 38 °F ±2 °F. DOE is aware of equipment that meets the definition of a commercial refrigerator but is capable of operating only at temperatures above the 38 °F ±2 °F IAT required for testing. Examples of these types of equipment

include CRE designed for storing or displaying chocolate and/or wine, with typical recommended storage temperatures around 55 °F. Consistent with the current test procedure, manufacturers certify such equipment using the LAPT setting. LAPT can vary by model, so this approach, which does not rely on a uniform operating temperature, can result in measured energy consumptions that are not necessarily comparable between models. Currently, 145 models of single-compartment commercial refrigerators are certified to DOE with an LAPT above 40.0 °F.

Categorizing these commercial refrigerators in a separate high-temperature refrigerator category would allow DOE to consider test procedures for this equipment that may better represent actual use.

Based on review of DOE's Compliance Certification Database, available at

www.regulations.doe.gov/certification-data

(last accessed February 23, 2023).

To allow for differentiating typical commercial refrigerators from commercial refrigerators that operate only at higher temperatures, DOE proposed in the June 2022 NOPR to define “high-temperature refrigerator” as a commercial refrigerator that is not capable of operating with an integrated average temperature as low as 38.0 °F (±2.0 °F). 87 FR 39164, 39171.

DOE stated in the June 2022 NOPR that it recognized certain commercial refrigerators may be capable of operating with an IAT of 38.0 °F (±2.0 °F) but are intended for use at higher storage temperatures.

Id.

However, DOE proposed to define “high-temperature refrigerator” based on operating capability rather than intended use to ensure consistent application of DOE's definitions and to ensure that CRE currently tested and rated with an IAT of 38.0 °F (±2.0 °F) would continue to be categorized, tested, and rated at that operating condition.

Id.

To clarify the classification of commercial refrigerators overall, DOE also proposed in the June 2022 NOPR to define the term “medium-temperature refrigerator” to refer to commercial refrigerators capable of operating with an IAT of 38.0 °F (±2.0 °F) or lower.

Id.

DOE also proposed to require testing high-temperature refrigerators according to AHRI 1200-2023, which requires an IAT of 55 °F ±2.0 °F.

Id.

Under the June 2022 NOPR approach, a commercial refrigerator would be tested and rated as either a medium-temperature refrigerator (if capable of operating with an IAT of 38.0 °F (±2.0 °F)) or as a high-temperature refrigerator (if not capable of operating with an IAT as low as 38.0 °F (±2.0 °F)).

Id.

In the June 2022 NOPR, DOE recognized that certain commercial refrigerators may be capable of operating at IATs of both 38 °F (±2.0 °F) and 55 °F (±2.0 °F).

Id.

In the April 2014 Final Rule, DOE stated that CRE capable of operating at IATs that span multiple equipment categories must be certified and comply with DOE's regulations for each applicable equipment category. 79 FR 22277, 22291. The definition of “high-temperature refrigerator,” as proposed in the June 2022 NOPR, would exclude CRE capable of operating at medium temperatures (

i.e.,

an IAT of 38 °F), and therefore would exclude models capable of operating at both IATs. 87 FR 39164, 39171. Thus, as proposed in the June 2022 NOPR, a unit of CRE capable of operating at both IATs of 38 °F and 55 °F would only meet the definition of a medium-temperature refrigerator.

Id.

As an alternative to the definition proposed in the June 2022 NOPR, DOE stated that it could instead define “high-temperature refrigerator” based only on the capability of a commercial refrigerator to operate at an IAT of 55 °F (±2.0 °F). 87 FR 39164, 39171. Under this alternate approach, a unit of CRE capable of operating at IATs of both 38 °F and 55 °F would meet the definitions of both a medium-temperature refrigerator and a high-temperature refrigerator.

Id.

In the June 2022 NOPR, DOE requested comment on the proposed definitions for “high-temperature refrigerator” and “medium-temperature refrigerator,” including whether the terms should be mutually exclusive or constructed such that equipment could be considered to meet both definitions. 87 FR 39164, 39171.

The Joint Commenters supported DOE's proposed changes regarding the establishment of a definition and uniform test procedure for high-temperature refrigerators. (Joint Commenters, No. 31, p. 1) The Joint Commenters expressed support for DOE's proposed definition and test procedure for high-temperature CRE, particularly basing the distinction between medium and high temperature on operating ability rather than intended use, as this will ensure consistent application of DOE's definitions and test procedures. (Joint Commenters, No. 31, p. 2)

NEEA commented that it supports the new definitions DOE proposed for high-temperature CRE, stating that these equipment types have unique applications compared to other CRE, and these definitions allowed consideration (potential standards), categorization (equipment classes), and testing of this equipment separate from other CRE. (NEEA, No. 39, p. 2). NEEA also stated its support for DOE's proposal to establish test procedures for new and/or newly defined categories of CRE, and restated its recommendation from the 2021 CRE Test Procedure RFI that DOE establish test methods for new CRE product types, including high-temperature CRE. (NEEA, No. 39, p. 2)

Hussmann commented that it favors the proposed mutually exclusive definitions of “high-temperature refrigerator” and “medium-temperature refrigerator.” (Hussmann, No. 32, p. 2). Hussmann commented in favor of rating only at medium temperature if the CRE are capable of operating at both high and medium temperatures. (Hussmann, No. 32, p. 3) In the August 2022 public meeting, Hussmann commented that there are specialty applications that run in between the low-temperature and medium-temperature rating points. (Public Meeting Transcript, No. 41, p. 18) Hussmann added that a unit may run between 8 °F and 10 °F as the current LAPT for that product.

Id.

Hussmann noted that these products won't run at 0 °F, and they don't run at 32 °F, and that is something for DOE to consider.

Id.

Hillphoenix agreed with the proposed definitions of “high-temperature refrigerator” including the IAT of 55 °F ±2 °F, and “medium-temperature refrigerator” including the IAT of 38 °F ±2 °F. (Hillphoenix, No. 35, p. 1). Hillphoenix commented that the proposed separate designation for “medium-temperature refrigerator” is not needed and could introduce confusion, and it recommended DOE amend the definitions of “commercial freezer” and “commercial refrigerator” in which high- and medium-temperature refrigerators are already addressed.

Id.

Hillphoenix suggested, as an alternative, that “commercial freezer” and “commercial refrigerator” could be replaced by the terms “medium-temperature refrigerator” and “low-temperature freezer.”

Id.

Hillphoenix also agreed with DOE that a single CRE unit capable of operating in both high- and medium-temperature categories should only be required to meet the 38 °F ±2 °F IAT.

Id.

AHRI commented that DOE should consider using existing product designations and existing labelling as found in ANSI/NSF 7-2019 for “high-temperature refrigerators.” (AHRI, No. 38, p. 3). AHRI stated that to meet applicable sanitation requirements, self-contained storage refrigerators must be capable of maintaining an air

temperature of 40 °F in 100 °F ambient temperature (AHRI stated a presumption that such products should be able to maintain IAT of 38 °F for the DOE energy test).

Id.

AHRI commented that two equipment types represent refrigerators that meet applicable sanitation requirements for high-temperature applications: (1) beverage coolers are exempt from temperature test requirements if they bear a permanently attached label reading, “This equipment is intended for the storage and display of non-potentially hazardous bottled or canned products only”; and (2) self-contained display refrigerators are exempt from temperature performance testing if they bear a label reading, “This display refrigerator is not for the display of potentially hazardous foods.”

Id.

AHRI commented that there is no need for the proposed separate designation for “medium-temperature refrigerator” since such products would already be covered under the current definition of “refrigerator” if they do not fall under the proposed sub-classification of “high-temperature refrigerator.”

Id.

AHRI stated that this approach would be consistent with the proposed new definition of “low-temperature freezer” because a category for “medium-temperature freezer” has not been suggested.

Id.

Continental commented that the term “commercial refrigerator” should be retained to encompass all CRE capable of operating at or above 32 °F and that the proposed additional definition of “medium-temperature refrigerator” for CRE at or below 38 °F down to 32 °F is unnecessary and may introduce confusion. (Continental, No. 29, p. 2) Continental also commented that the ANSI/NSF 7-2019 sanitation standard for commercial refrigerators and freezers requires that self-contained storage refrigerators must be tested and proven to maintain an air temperature of 40 °F in 100 °F ambient, and capable of maintaining product simulator IAT of 38 °F in 75 °F ambient, as prescribed by ASHRAE 72-2022.

Id.

Continental stated no objection to DOE's proposed definition of the term “high-temperature refrigerator” as a commercial refrigerator that is not capable of operating with an IAT as low as 38 °F in 75 °F ambient, but it added that DOE should reference existing labelling prescribed in ANSI/NSF 7-2019 to identify “high-temperature refrigerators” that meet required sanitation requirements but are not required to meet temperature testing requirements.

Id.

Continental stated its awareness that equipment identified with the current NSF labels of beverage cooler and self-contained display refrigerator would be the only commercial refrigerators meeting applicable sanitation standards without being required to maintain specified temperatures that align with product simulator IAT of 38 °F.

Id.

True commented that any unit unable to store food products at a temperature of 38.0 °F (±2.0 °F) is not a commercial refrigerator and as a result, the term “high-temperature refrigerator” could be construed as misleading. (True, No. 28, p. 4) True noted that the proposed terms “high-temperature refrigerator” and “medium-temperature refrigerator” are seen in the new AHRI-1200 standard, which is not yet public.

Id.

True commented that commercial refrigerators must comply with NSF-7, and for a storage refrigerator, test per NSF-7 such that they cannot exceed 40 °F at any point. (True, Public Meeting Transcript, No. 41, p. 15). True commented that the NSF-7 temperature ranges should be considered for the applicable equipment, noting that high-temperature refrigerators are not covered under any health and safety standards.

Id.

True further commented that for chocolate, wine, and flower storage applications, refrigerated units unable to meet the 38.0 °F (±2.0 °F) requirement should be labeled as “commercial display refrigerators for non-hazardous (food) applications,” and added that True units are all capable of operating from 32.0 °F to 55 °F, with control settings changed for higher-temperature applications. (True, No. 28, p. 4).

In response to Hussmann's comment, AHRI 1200-2023 maintains the existing rating points for Medium Temperature Applications and Low Temperature Applications (

i.e.,

38 °F ±2.0 °F for medium-temperature applications and 0.0 °F ±2.0 °F for low-temperature applications) in section 4.1.1, “Integrated Average Temperature.” Consistent with AHRI 1200-2023, DOE is not amending the medium-temperature refrigerator or low-temperature freezer target IATs for testing. To the extent that a model may not be able to maintain the target IATs for testing, the LAPT provisions would continue to apply, as discussed in section III.K of this document.

In response to Hillphoenix's, AHRI's, Continental's, and True's comments, the definitions for “medium-temperature refrigerator” and “low-temperature freezer,” as proposed in the June 2022 NOPR, indicate they are subsets of the definitions for “commercial refrigerator” and “commercial freezer,” respectively. DOE is establishing the separate definitions to ensure clarity of when certain provisions apply specifically to either medium-temperature refrigerators or low-temperature freezers rather than the broader categories of commercial refrigerators or commercial freezers.

Consistent with the comments discussed in section III.A.1.b regarding “operating temperature” and temperature tolerances, DOE is amending the definitions of “high-temperature refrigerator” and “medium-temperature refrigerator” to specifically include the definition for “operating temperature” and to replace the temperature tolerances with the upper bound of the medium-temperature refrigerator IAT test condition tolerance which is consistent with DOE's intentions of these definitions in the June 2022 NOPR.

Therefore, as described, DOE is amending the definitions of “high-temperature refrigerator” and “medium-temperature refrigerator” as follows:

High-temperature refrigerator

means a commercial refrigerator that is not capable of an operating temperature at or below 40.0 °F.

Medium-temperature refrigerator

means a commercial refrigerator that is capable of an operating temperature at or below 40.0 °F.

DOE discusses test requirements for this equipment in section III.B.1.b of this document.

3. Convertible Equipment

In the April 2014 Final Rule, DOE noted that some basic models of CRE may have operating characteristics that include an operating temperature range that spans multiple equipment classes, and subsequently required that self-contained equipment or remote condensing equipment with thermostats capable of operating at IATs that span multiple equipment categories be certified and comply with DOE's regulations for each applicable equipment category. 79 FR 22277, 22291. Similarly, DOE adopted requirements for remote condensing equipment without thermostats that specify that if a given basic model of CRE is marketed, designed, or intended to operate at IATs spanning multiple equipment categories, the CRE basic model must be certified and comply with the relevant energy conservation standards for all applicable equipment categories.

Id.

In the June 2022 NOPR, DOE proposed to specify in 10 CFR 429.42 the requirements from the April 2014 Final Rule that require basic models of CRE that operate in multiple equipment classes to certify and comply with the

energy conservation standards for each applicable equipment class. 87 FR 39164, 39171. This proposal is consistent with the notice of petition for a test procedure waiver that DOE published on May 26, 2017, for AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc. (“AHT”) in which DOE declined to grant AHT an interim waiver that would allow for testing only in the ice-cream freezer equipment class for AHT's specified multi-mode CRE basic models. 82 FR 24330.

In the June 2022 NOPR, DOE requested comment on the proposal to specify the requirements from the April 2014 Final Rule regarding basic models of CRE that operate in multiple equipment classes. 87 FR 39164, 39171.

AHRI recommended that because the phrase “capable of operating at” was included for marketing purposes and not technical capability, DOE should consider removing that phrase as unnecessary in the following 2014 Final Rule language: “CRE with thermostats capable of operating at integrated average temperatures (“IATs”) that span multiple equipment categories must be certified and comply with DOE's regulations for each applicable equipment category.” (AHRI, No. 38, p. 4) AHRI used the same reasoning to further recommend that DOE remove the word “or” from the following language: “. . . remote condensing equipment without a thermostat that is marketed, designed,

intended to operate at IATs spanning multiple equipment categories must be certified and comply with the relevant energy conservation standards for all applicable equipment categories.”

Id.

79 FR 22277, 22291.

Hussmann recommended removing the phrase “capable of operating at” from the following 2014 Final Rule sentence: “CRE with thermostats capable of operating at integrated average temperatures (“IATs”) that span multiple equipment categories must be certified and comply with DOE's regulations for each applicable equipment category.” (Hussmann, No. 32, p. 2).

AHT commented that it is overly burdensome to test and certify very efficient closed equipment in all three temperature classes when it is capable of operating in all three classes, and that only the most energy-consuming temperature class should be used for testing and certifying, as in Europe. (AHT, No. 40, p. 1)

True commented that when designing a unit for multiple temperature ratings, the systems will not be as energy efficient at the higher operating temperature rating, compared to a system designed specifically for the higher temperature rating. (True, No. 28, p. 2) True stated that, in one example, a unit passes ENERGY STAR® 5.0 requirements as a storage freezer (0 °F ±2 °F) but, when tested as a storage refrigerator (38 °F ±2 °F), will consume about twice the energy of a unit specifically designed to operate only as a storage refrigerator, due mostly to the excess capacity of the compressor and refrigeration system required to operate the unit at the lower temperature application.

Id.

Hillphoenix disagreed with the proposal to specify the requirements stated in the 2014 Final Rule and recommended that basic models of CRE that operate in multiple equipment classes should only be required to meet the coldest application for a CRE product, which would be less burdensome on manufacturers. (Hillphoenix, No. 35, p. 2)

In response to AHRI's and Hussmann's comments, DOE notes the phrase “capable of operating at” does refer to technical capability and is consistent with phrasing in current DOE definitions (

e.g.,

commercial refrigerator and commercial freezer). Therefore, DOE is maintaining this phrase in this document.

In response to AHRI's comment, DOE notes that the word “or” is necessary for the construction of the sentence that contains the requirements for remote condensing equipment without a thermostat and is therefore maintaining the word “or” in this document.

In response to AHT's, True's, and Hillphoenix's comments, DOE notes that the definitions discussed in sections III.A.1 and III.A.2 would only require CRE including an operating temperature range that spans multiple equipment classes to certify in a maximum of two equipment classes (

i.e.,

ice-cream freezer and medium-temperature refrigerator, ice-cream freezer and high-temperature refrigerator, low-temperature freezer and medium-temperature refrigerator, or low-temperature freezer and high-temperature refrigerator). Testing to the coldest applicable temperature would be expected to result in the highest energy consumption, but does not necessarily ensure that a model would meet the energy conservation standards for multiple applicable equipment classes at different operating temperatures.

As proposed in the June 2022 NOPR, DOE is specifying in 10 CFR 429.42 the requirements from the April 2014 Final Rule that basic models of CRE that operate in multiple equipment classes must be certified and comply with the energy conservation standards for each applicable equipment class.

B. Updates to Industry Standards

DOE's test procedure for CRE currently adopts through reference certain provisions of AHRI 1200-2010, ASHRAE 72-2005, and AHAM HRF-1-2008. 10 CFR 431.63. With regard to the provisions relevant to the DOE test procedure, AHRI 1200-2010 references certain provisions of ASHRAE 72-2005 and AHAM HRF-1-2008.

Since establishing the DOE test procedure in appendix B, AHRI, ASHRAE, and AHAM have published updated versions of the referenced test standards. On October 1, 2013, ANSI approved an updated version of AHRI 1200, ANSI/AHRI Standard 1200 (I-P), “2013 Standard for Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets” (“AHRI 1200-2013”). On April 12, 2023, AHRI issued an updated version of AHRI 1200 (“AHRI 1200-2023”). On August 1, 2018, ANSI approved an updated version of ASHRAE 72, ANSI/ASHRAE Standard 72-2018, “Method of Testing Open and Closed Commercial Refrigerators and Freezers” (“ASHRAE 72-2018”). On June 30, 2022, ANSI approved an updated version of ASHRAE 72, ANSI/ASHRAE Standard 72-2022, “Method of Testing Open and Closed Commercial Refrigerators and Freezers” (“ASHRAE 72-2022”). On November 11, 2022, Errata Sheet for ANSI/ASHRAE Standard 72-2022, “Method of Testing Open and Closed Commercial Refrigerators and Freezers” was published (“ASHRAE 72-2022 with Errata”). AHAM more recently approved and published an updated version of its industry test standard, AHAM HRF-1-2019, “Energy and Internal Volume of Refrigerating Appliances” (“AHAM HRF-1-2019”). DOE initially determined in the June 2022 NOPR that the changes within AHRI 1200-2013, ASHRAE 72-2018, and AHAM HRF-1-2019 are editorial, improve clarity, better harmonize with the DOE test procedure, or not relevant to CRE (

e.g.,

relevant to products such as consumer refrigerators). 87 FR 39164, 39171. Based on DOE's assessment, the changes in the latest versions of the industry test standards, AHRI 1200-2023 and ASHRAE 72-2022 with Errata, will not impact the measured energy consumption, volume, or TDA of CRE, as applicable.

DOE discusses AHRI 1200-2023 and ASHRAE 72-2022 with Errata in sections III.B.1 and III.B.2 of this document.

In response to the June 2022 NOPR, AHRI, Zero Zone, and NAFEM recommended that DOE use the referenced standards as intended. (AHRI, No. 38, p. 1; Zero Zone, No. 37, p. 1; NAFEM, No. 34, p. 1) AHRI cautioned DOE that combining test standards was unnecessary and inadvisable, and recommended that DOE regulate the issues in the test procedure under a singular standard.

Id.

AHRI stated concern that the data set used here did not provide clarity as to whether the testing is indicative of energy efficiency.

Id.

AHRI recommended that DOE wait to update certain regulations until clearer test standards had been determined through consensus by manufacturers and third parties.

Id.

AHRI also noted that ENERGY STAR was not ready to employ certain referenced standards, raising concerns that DOE was prematurely adopting these requirements.

Id.

Zero Zone recommended that DOE wait for the updated standard whenever possible and that under current rules, DOE has been able to call out a standard that was nearly revised (ASHRAE 72 and AHRI 1200). (Zero Zone, No. 37, p. 1). Zero Zone commented that possibly DOE could follow this process for other standards as well, and that when this was not possible, Zero Zone asked DOE to request that standards development groups immediately focus on areas of DOE concern to allow for industry input and consensus building and allow DOE to have improve information in the standard.

Id.

NAMA recommended that DOE use the referenced standards as intended and cautioned DOE that combining test standards was unnecessary and inadvisable and recommended that DOE regulate the issues in the test procedure under a singular standard. (NAFEM, No. 34, p. 2) NAMA stated concern that the test procedures mentioned in many of these items did not clarify which standard was to be used for which measurement.

Id.

NAMA commented that referencing multiple standards could be a problem when one standard was updated before the other, and, in general, NAMA recommended that referencing one standard would be preferred unless DOE specified which sections in the standards were being required.

Id.

NAMA commented that many sections in the ASTM, ASHRAE, and AHRI standards were written to measure the performance of the product, not just the energy measurement and DOE therefore needed to identify the standards sections carefully so as to not move DOE into writing performance test methods.

Id.

NAMA commented it would be willing to support such activities in joint discussions on the sections to ensure that the measurement of energy for NAMA-covered products was accurate.

Id.

Hussmann commented that combining test standards was not a typical practice and recommended that DOE regulate the issues in the CRE TP NOPR under a single, universally accepted established standard. (Hussmann, No. 32, p. 1). Hussmann expressed concern that the data acquired during a hybrid standard approach would not yield representative results of intended product use by already established means throughout the industry.

Id.

Hussmann recommended that DOE work with the appropriate standards committees to update regulations until the standards have been established, determined to yield consistent results, and are representative of typical manufactured products.

Id.

True commented that it uses NSF/ANSI 7-2021 as the performance standard for commercial food service equipment, in addition to UL 471 (“Standard for Commercial Refrigerators and Freezers,” soon to be replaced by UL CSA 60335-2-89, by October 2024), and ASHRAE 72-2005 for energy consumption reporting to DOE, Natural Resources Canada (“NRCAN”), CEC, and ENERGY STAR. (True, No. 28, p. 1) True listed four current NSF 7 performance tests that must be complied with to certify that its equipment meets the NSF 7 food safety requirements for temperature testing (performance), construction, and materials used.

Id.

True commented that AHRI-1200 is not considered to be the standard used for all commercial refrigeration, and that AHRI standards and guidelines do not address food safety temperatures or food sanitation concerns and requirements, making AHRI standards and guidelines inappropriate for commercial food service refrigeration equipment.

Id.

DOE has evaluated existing industry standards, and where applicable, is incorporating by reference the industry standard into the relevant appendix. DOE considers incorporating by reference an industry standard as a standalone reference whenever possible. DOE has identified certain areas in which provisions of industry standards require additional specifications or are inconsistent with the existing regulatory test method. To clarify the applicability of provisions from standards that are incorporated by reference, DOE occasionally may need to supplement an industry standard with additional clarifications. For CRE, instead of duplicating requirements necessary to improve clarify of the test procedure into the regulatory text, DOE is referring to provisions in other industry standards that provide the necessary clarifications. This leads to DOE referencing specific provisions from multiple different industry standards. DOE specifically refers to individual sections of industry standards as appropriate to ensure only relevant provisions are incorporated in the regulatory test method such that the test method is not unduly burdensome to conduct and is reasonably designed to produce test results that reflect energy use during a representative average use cycle.

DOE recognizes the value of industry standards setting processes and regularly participates in committees that develop and review industry standards. DOE has statutory timelines for test procedure rulemakings that require DOE to determine whether amendments to test procedures are necessary to carry out the requirements of EPCA at least once every 7 years. (42 U.S.C. 6314(a)(1)) DOE has evaluated industry standards applicable to CRE that are both available now and under development as it conducts the rulemaking activity to consider whether the CRE test method requires amendment. DOE will continue to participate in industry committees and will consider future industry standards in future test procedure rulemakings.

DOE and EPA coordinate their product and equipment efficiency programs to harmonize test requirements when possible and appropriate. While EPA did not adopt test methods for additional categories of CRE during its last revision of the ENERGY STAR specification, DOE has evaluated test procedures for these categories and determined that the procedures adopted in this rule produce test results which reflect energy use during a representative average use cycle, and are not unduly burdensome to conduct. To the extent that EPA revises its specification to include these new categories of CRE into the ENERGY STAR program, DOE will coordinate with EPA to harmonize requirements when appropriate.

In response to True's comment, DOE has evaluated existing industry test procedures for the use as the basis of the DOE test procedure for energy consumption. DOE recognizes that the industry test procedures serve different purposes, including for food safety. DOE discusses the individual industry test procedures considered and incorporated by reference in the following sub-sections, section III.C, and section III.D of this document.

1. AHRI 1200

The revisions included in AHRI 1200-2023 are largely to provide editorial, clarifying, or harmonizing updates that will not impact the measured energy consumption, volume, or TDA of CRE as compared to the current test procedure. Specifically, AHRI 1200-2023 includes the following updates: definitions intended to harmonize with ASHRAE 72-2022 and DOE's existing regulations; updated definitions for consistency with the use of the rating standard; removal of test requirements that were duplicative with ASHRAE 72-2022; clarified measurement requirements and the use of calculations; inclusion of direct refrigerated volume measurement instructions (rather than referencing the AHAM test standard); and detailed total display area requirements and examples.

DOE proposed in the June 2022 NOPR to incorporate by reference AHRI 1200-202X for use in the DOE test procedure because DOE tentatively determined that the updates compared to AHRI 1200-2013 would improve the clarity of the test standard, ensure consistent testing, and as a result would improve reproducibility of the test procedure. 87 FR 39164, 39172. AHRI 1200-202X includes procedures for measuring refrigerated volume rather than referring to the AHAM standard (although the procedures are consistent between these standards).

Id.

Therefore, DOE proposed in the NOPR to remove the incorporation by reference of AHAM HRF-1-2008 and instead refer to AHRI 1200-202X directly for refrigerated volume measurement.

Id.

Based on DOE's review of AHRI 1200-2023, the updates included in the standard are primarily editorial and are not expected to change test results as compared to the existing test procedure, except for the specific updates as discussed in the following paragraphs. Therefore, DOE has determined in this document that any existing test data for CRE currently available on the market is expected to be consistent with the amended test procedure.

In the June 2022 NOPR, DOE requested comment on the proposal to incorporate by reference AHRI 1200-202X and whether the use of the updated test method would impact CRE ratings based on the current DOE test procedure. 87 FR 39164, 39173.

AHRI commented that it supports DOE's proposal to incorporate by reference AHRI 1200-202X, noting that select AHRI members consistently test and rate remote condensing CRE using high-glide refrigerants. (AHRI, No. 38, p. 4) AHRI commented that refrigerants 407, 448A, and 449A are considered “high glide” under the new definition in AHRI 1200-202X and that the updated test method is the most accurate way to determine the rated energy consumption, resulting in similar rated numbers to previous non-high-glide refrigerants like R-404A.

Id.

AHRI further noted that the current AHRI 1200-202X standard does not include testing requirements for CO

(

i.e.,

R-744), so this refrigerant would require DOE waivers for future use.

Id.

Continental supported DOE's proposal to incorporate by reference the most recent versions of applicable industry standards, including AHRI 1200-202X. (Continental, No. 29, p. 3) Continental added that use of the latest standards should not be required until the compliance date of any new energy conservation standards established, based on the proposed rating standards, to allow time for stakeholders to thoroughly evaluate any impact on energy consumption.

Id.

Hillphoenix commented that it agreed with the proposal to incorporate AHRI 1200-202X by reference, as no significant impacts to CRE ratings could be foreseen. (Hillphoenix, No. 35, p. 2)

Hussmann commented that it favors the proposal to incorporate by reference AHRI 1200-202X. (Hussmann, No. 32, p. 2)

True commented that it opposes removing the AHAM HRF-1-2008 standard and referencing AHRI 1200-202X in future DOE test procedures, as revisions to AHRI 1200 are in draft form and have not been publicly reviewed. (True, No. 28, p. 5). True recommended that the NSF/ANSI-2021 standard be added to this list because AHRI 1200 only references self-contained commercial refrigeration sporadically and does not specifically address the issues of self-contained refrigeration.

Id.

In the August 2022 public meeting, True commented that AHRI-1200 does not apply to all commercial refrigeration but does apply to display refrigeration. (Public Meeting Transcript, No. 41, p. 16) True added that it believes DOE is bringing in two different standards used in two different applications, additionally stating that AHRI-1200 does not address any food health/safety issues.

Id.

Hussmann agreed with True's comment, and added that it thinks DOE needs to make a distinction and understand that AHRI-1200 is typically a rating point and does not necessarily align with NSF 7. (Public Meeting Transcript, No. 41, p. 17)

AHRI 1200-2023 had two public review periods prior to publication. DOE has reviewed the updates to AHRI 1200-2023 and determined that the updates will not impact the measured volume of CRE as compared to the existing DOE test procedure (which currently references HRF-1-2008

Section 3.1 of Appendix B to Subpart C of 10 CFR part 431.

DOE acknowledges that NSF 7 is a performance standard applicable to multiple CRE categories; however this standard addresses food safety and sanitation performance. DOE test procedures must produce test results which reflect energy use during a representative average use cycle, and not be unduly burdensome to conduct as required by EPCA. DOE has evaluated NSF 7, other available industry test standards, and industry standards under development when considering test procedures for these equipment categories as discussed in this document. DOE also notes that the current

and amended

test procedures allow for optional testing at NSF test conditions for commercial refrigeration equipment that are also tested in accordance with NSF test procedures (Type I and Type II) (

i.e.,

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).

Section 2.3 of Appendix B to Subpart C of 10 CFR part 431.

In the June 2022 NOPR, DOE proposed alternate refrigerant conditions to be used for testing remote CRE with CO

refrigerant. 87 FR 39164, 39210. See section III.G of this document for a discussion of remote CRE with CO

refrigerant (

i.e.,

R-744).

Based on the June 2022 NOPR and comments received in response, DOE is finalizing its proposal to incorporate by reference AHRI 1200-2023.

In addition to the clarifying revisions that would not substantively change testing as compared to the current approach using the DOE test procedure and AHRI 1200-2010, AHRI 1200-2023 also includes two substantive additions: addressing the use of high glide refrigerants and providing an additional temperature rating point for “high-temperature” applications. DOE proposed in the June 2022 NOPR to adopt these provisions in its test procedure, as discussed in the following sections. 87 FR 39164, 39172. Additionally, DOE identified updates in AHRI 1200-2023 as compared to AHRI 1200-202X discussed in the following

sections regarding chef bases, certain definitions, and night curtains.

a. High Glide Refrigerants

For remote condensing CRE, AHRI 1200 provides calculations to estimate the compressor energy consumption necessary to provide the cooling to the refrigerator or freezer. These calculations are based on the dew point of the refrigerant during testing, which is intended to be representative of the evaporator temperature. See Table 1 and section 5.2.1 of AHRI 1200-2013 and Table 1 and section 5.1.2 of AHRI 1200-2023.

For certain refrigerants, the saturated vapor temperature (

i.e.,

the dew point) can be different from the saturated liquid temperature at a given pressure, in which case the refrigerant is considered to have “glide.” AHRI 1200-2023 includes a definition for “high glide refrigerant” as a zeotropic refrigerant blend whose temperature glide is greater than 2 °F. ASHRAE defines “glide” as the absolute value of the difference between the starting and ending temperatures of a phase-change process by a refrigerant within a component of a refrigerating system, exclusive of any subcooling or superheating. This term usually describes condensation or evaporation of a zeotrope.

See

ASHRAE's glossary of defined terms at

xp20.ashrae.org/terminology/.

For high glide refrigerants, the refrigerant dew point is not necessarily representative of the overall evaporator temperature. AHRI 1200-2023 specifies that for high glide refrigerants, the temperature used to calculate compressor energy consumption is based on an adjusted mid-point evaporator temperature rather than an adjusted dew point temperature.

Because the evaporator provides cooling to the CRE over the entire heat exchanger surface, using the evaporator mid-point temperature would ensure that the temperature used to calculate compressor energy consumption is more representative of the overall evaporator temperature. DOE determined in the June 2022 NOPR that the AHRI 1200-202X approach of using the evaporator mid-point temperature rather than refrigerant dew point is more representative of actual remote condensing CRE use for which the equipment uses high glide refrigerants and would improve consistency of remote testing using different refrigerants. 87 FR 39164, 29172. Additionally, this approach would improve consistency when testing a given remote condensing CRE model with either high glide or low glide refrigerants by ensuring that the evaporator mid-point temperature for a high glide refrigerant is similar to the refrigerant dew point for a low glide refrigerant.

DOE proposed in the June 2022 NOPR to adopt through reference the high glide refrigerant provisions of AHRI 1200-202X. 87 FR 39164, 29173. Because the existing DOE test procedure, by reference to AHRI 1200-2013, only references adjusted dew point for calculating compressor energy consumption, this proposed amendment would yield different results for remote condensing CRE models tested with a high glide refrigerant. However, DOE expects that current remote condensing CRE models are typically tested and rated using low glide refrigerants (most commonly R-404A); therefore, DOE tentatively determined in the NOPR that this proposed test procedure amendment is not expected to result in changes to rated energy consumption for any currently available remote CRE models. 87 FR 39164, 29173.

In the June 2022 NOPR, DOE requested comment on the proposal to incorporate by reference AHRI 1200-202X, including the new provisions regarding high glide refrigerants.

Id.

DOE also requests information on whether any remote condensing CRE are currently tested and rated using high glide refrigerants and whether the proposed test procedure would impact the rated energy consumption for such models.

Id.

Hussmann commented that it favors the proposal to incorporate by reference AHRI 1200-202X, including the new provisions regarding high glide refrigerants. (Hussmann, No. 32, p. 3)

Hillphoenix stated its agreement with the proposal to incorporate AHRI 1200-202X by reference, including the provisions for high glide refrigerants such as 407, 448A, and 449A, as no significant impacts to CRE ratings could be foreseen if incorporated. (Hillphoenix, No. 35, p. 2)

True commented that the proposed use of AHRI 1200-202X referencing high-glide refrigerants indicated a bias toward remote refrigeration manufacturers. (True, No. 28, p. 5) True commented that there are small numbers of self-contained refrigerators using high-glide (synthetic) refrigerants, and that in fact the self-contained industry is a high adopter of hydrocarbon refrigerants.

Id.

In this rule, DOE is incorporating by reference AHRI 1200-2023. AHRI 1200 includes a definition for “high glide refrigerants” and specifies that for high glide refrigerants, the temperature used to calculate compressor energy consumption is based on an adjusted mid-point evaporator temperature rather than an adjusted dew point temperature. DOE notes that this provision addresses the fact that AHRI 1200-2013 results in high-glide refrigerants having an energy penalty relative to no-glide refrigerants. The update to AHRI 1200-2023 provides a more representative test method of remote condensing CRE and improves consistency when testing a given remote condensing CRE model. AHRI 1200-2023 includes parallel provisions for remote and self-contained refrigerators to ensure there is no bias towards remote-condensing units. Self-contained CRE are tested based on the refrigerant and refrigeration system contained within the unit and no refrigerant measurements are necessary. Therefore, the test procedure directly accounts for the energy impacts of refrigerants used in self-contained CRE.

b. High-Temperature Applications

In the June 2022 NOPR, DOE proposed a definition for “high-temperature refrigerators”. 87 FR 39164, 39173. As discussed in section III.A.2 of this final rule, DOE is establishing an amended definition of “high-temperature refrigerator” from the June 2022 NOPR.

Section 4.1.1.1 of AHRI 1200-2023 specifies that CRE intended for high-temperature applications shall have an integrated average temperature of 55 °F ±2.0 °F. DOE requires testing high-temperature consumer refrigeration products (

i.e.,

“coolers”) at a standardized cabinet temperature of 55 °F. 10 CFR part 430, subpart B, appendix A.

In the June 2022 NOPR, DOE proposed to require testing high-temperature refrigerators according to AHRI 1200-202X, which requires an integrated average temperature of 55 °F ±2.0 °F. 87 FR 39164, 39173-39174.

High-temperature refrigerators are used in many distinct applications, each with specific intended storage conditions. However, DOE determined in the June 2022 NOPR that the IAT specified in AHRI 1200-202X is the most representative of high-temperature refrigerator operating conditions, because the high-temperature refrigerators that DOE identified have operating temperature ranges which include 55 °F, and allows for consistent measurements of energy use for equipment in this category. 87 FR 39164, 39174.

In referencing AHRI 1200-2023, the DOE test procedure would also require that high-temperature refrigerators be tested according to the same procedure

as other CRE, except for the IAT. DOE tentatively determined in the June 2022 NOPR that the door opening and loading procedures in ASHRAE 72-2018R are appropriate for high-temperature refrigerators. Following the proposed test approach would also ensure consistent test methods across CRE categories, albeit at different IATs. 87 FR 39164, 39174.

Because the proposed test procedure for high-temperature refrigerators would amend the current test approach for certain commercial refrigerators (

i.e.,

those currently rated using the LAPT), DOE proposed in the June 2022 NOPR that the high-temperature refrigerator provisions in AHRI 1200-202X would not be required for use until the compliance date of any energy conservation standards established for high-temperature refrigerators based on the proposed test procedure.

Id.

Under this approach, CRE that would be defined as high-temperature refrigerators would continue to be tested and rated at the LAPT and subject to the current DOE energy conservation standards for CRE.

Id.

In the June 2022 NOPR, DOE requested comment on the proposal to adopt a rating point of 55 °F ±2.0 °F for high-temperature refrigerators by adopting through reference certain provisions of AHRI 1200-202X. 87 FR 39164, 39172.

AHRI commented that the 55 °F (±2 °F) rating point aligns with AHRI standard 1200-202X and supported adopting the proposed rating point for high-temperature refrigerators. (AHRI, No. 38, p. 4)

Hussmann commented in favor of the proposal to adopt a rating point of 55 °F ±2.0 °F for high-temperature refrigerators. (Hussmann, No. 32, p. 3)

Hillphoenix commented that it agreed with the proposal to adopt the rating point temperature of 55 °F ±2 °F for the proposed new category of high-temperature refrigerators through reference of AHRI 1200-202X. (Hillphoenix, No. 35, p. 2) Hillphoenix requested confirmation that the LAPT provisions will remain to cover rare occurrences driven by customer expectations, which could suggest a design that is outside the requirements of each category.

Id.

Continental commented it had no objection to DOE's proposed 55 °F ±2 °F rating temperature for “high-temperature” refrigerators that cannot maintain 38 °F. (Continental, No. 29, p. 3) Continental added that DOE should consider referencing existing NSF labeling requirements for equipment that is intended for “non-potentially hazardous bottled or canned products only” and “not for the display of potentially hazardous foods,” as this would identify equipment that meets required sanitation requirements in the proposed “high-temperature” range.

Id.

In addition, Continental agreed with DOE that the high-temperature refrigerator provisions in AHRI 1200-202X should not be required until the compliance date of any energy conservation standards established for these product types, based on the proposed test procedure.

Id.

For the reasons discussed in the June 2022 NOPR, DOE is adopting the high-temperature refrigerator test provisions in AHRI 1200-2023. Because these provisions would impact the measured energy use for certain CRE currently subject to the test procedure and energy conservation standard, DOE is specifying that the high-temperature refrigerator testing would not be required for use until the compliance date of any energy conservation standards established for high-temperature refrigerators based on the amended test procedure.

As discussed in section III.K of this document, DOE is retaining the LAPT definition with modifications.

As discussed in section III.A.2 of this document, DOE is establishing a definition for high-temperature refrigerator that is based on the operating temperature of the equipment. Identifying equipment that meets NSF 7 sanitation requirements is not within the scope of the DOE CRE test procedure. Therefore, DOE has not included reference to equipment labeling in the definition or test requirements for high-temperature refrigerators.

c. Chef Bases

Section 2 of AHRI 1200-202X and AHRI 1200-2023 covers the scope of the standard. AHRI 1200-202X listed certain exclusions from scope (

i.e.,

refrigerated vending machines, ice makers, soft serve extruders, and secondary coolant applications). AHRI 1200-2023 added certain additional exclusions that were not excluded in previous versions of the standard, including AHRI 1200-202X (

i.e.,

chef bases, buffet tables, preparation tables, walk-in coolers, and blast chillers and freezers). DOE notes that none of these excluded categories are defined in AHRI 1200-2023.

DOE has not observed any changes from AHRI 1200-202X to AHRI 1200-2023 that would affect the ability to test chef bases and griddle stands in accordance with the standard. Current representations of chef bases and griddle stands are required to be based on the current DOE test procedure at Appendix B, which references AHRI Standard 1200-2010 and ASHRAE 72-2005, neither of which excludes chef bases or griddle stands. ASHRAE 72-2022 with Errata similarly does not exclude chef bases or griddle stands (section 2 “Scope” states that this standard does not apply to walk-in coolers, or refrigerators and freezers where the refrigerated air is in communication with walk-in coolers).

In the April 2014 Final Rule, DOE determined that, for chef bases and griddle stands, the refrigeration system and design of this equipment is not significantly different from other types of commercial refrigeration equipment, and DOE believes that the existing DOE test procedure is sufficiently representative of field use, and application of the existing energy conservation standard appropriate for this equipment. 79 FR 22277, 22282. Therefore, DOE is maintaining the reference to AHRI 1200 for chef bases and griddle stands and updating the reference to AHRI 1200-2023 consistent with other CRE that are in scope of appendix B. See section III.C.4 for further discussion of chef bases and griddle stands.

d. Definitions

AHRI 1200-2023 updated several of its definitions as compared to AHRI 1200-202X (

e.g., High Temperature Applications

was updated from “Commercial Refrigerated Display Merchandisers and Storage Cabinets intended for High Temperature Applications, shall have an Integrated Average Temperature of 55 °F ±2.0 °F” to “An application where the Integrated Average Temperature is at, or above, 45 °F”). As proposed in the June 2022 NOPR, 10 CFR 431.62 would include some similar terms as the definitions in AHRI 1200-202X. Based on the updated definitions in AHRI 1200-2023 as compared to AHRI 1200-202X and to avoid potential confusion regarding multiple definitions of similar terms, DOE is clarifying in 10 CFR 431.62 that where definitions in AHRI 1200-2023 conflict with those in DOE's regulations, the DOE definitions take precedence.

e. Night Curtains

AHRI 1200-202X contained a definition of “night curtain” (a device which is temporarily deployed to decrease air exchange and heat transfer between the refrigerated case and the surrounding environment) and certain test requirements for “night curtains”.

For display cases sold with Night Curtains installed, the Night Curtain shall be employed for

6 hours; beginning 3 hours after the start of the test period. Upon the completion of the 6-hour period, the Night Curtain shall be raised until the completion of the 24-hour test period.

Night curtains are currently required in section 1.3.10 of appendix B of the DOE test procedure.

Therefore, DOE is maintaining the requirements for night curtains that were contained in AHRI 1200-202X as proposed in the June 2022 NOPR.

For display cases sold with night curtains installed, the night curtain shall be employed for 6 hours; beginning 3 hours after the start 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.

2. ASHRAE 72

As stated in the June 2022 NOPR, the 2014 and 2018 revisions to ASHRAE 72 provide editorial, clarifying, or harmonizing revisions that would not impact the measured energy consumption, volume, or TDA of CRE as compared to the existing DOE test procedure. 86 FR 31182, 31184.

The revisions in ASHRAE 72-2022 with Errata, as compared to the most recent 2018 version, include substantial reorganization largely to improve clarity of the test standard. Specifically, the foreword to ASHRAE 72-2022 with Errata states that the revision reorganizes the standard to make it easier to read and use; includes updates in the loading of test simulators and filler material; revises the sequence of operations during the test; provides instructions for certain measurements; and adds provisions for roll-in racks. The following paragraphs describe these revisions in more detail.

The reorganization of the test standard in ASHRAE 72-2022 with Errata is not expected to substantively change any test requirements as compared to the current test procedure. DOE acknowledges that the intent of the reorganization is to more closely align the test standard with the order of operations a test facility would follow when conducting testing.

The updates to the loading of test simulators (small packages with temperature-measuring devices) and filler material (material loaded between test simulators for additional product mass, intended to approximate food product loading) in ASHRAE 72-2022 with Errata revise certain requirements included in ASHRAE 72-2005. These updates change certain instructions regarding loading, but DOE tentatively determined in the June 2022 NOPR that these updates are either clarifying in nature or more closely align ASHRAE 72 with the capability of test facilities to conduct testing. 87 FR 39164, 39174. Specifically, ASHRAE 72-2022 with Errata would improve the clarity of the simulator loading location instructions, more clearly define net usable volume (

i.e.,

interior volume intended for refrigerated storage or display within the outermost manufacturer-specified load limit boundaries) to determine the loaded volume, and adjust the fill volume from 70 to 90 percent of the net usable volume to 60 to 80 percent.

See

section 5.4.8 of ASHRAE 72-2022 with Errata.

DOE tentatively acknowledged in the NOPR that, in principle, the update to the fill volume requirement would be a substantive change to the current DOE test procedure. 87 FR 39164, 39174. However, DOE has determined that ASHRAE implemented this revision because test facilities currently may have difficulty loading to more than 80 percent of the net usable volume. Based on this difficulty, DOE expects that most tests are currently conducted with loads between 70 to 80 percent of the net usable volume. Additionally, the revision to allow loading as low as 60 percent of net usable volume would allow additional flexibility for test facilities when loading equipment for testing, and any impact on measured energy use is expected to be minimal. DOE also expects that if testing with a lower load percentage has any impact on measured energy use, it is likely to increase measured energy use, as CRE with doors would have more internal compartment volume occupied by air rather than the test load, allowing for more internal air to exchange with warm ambient air during the test procedure's door opening period. Therefore, DOE tentatively determined in the NOPR that this proposed amendment to the test procedure would not allow any CRE that does not currently comply with DOE's energy conservation standards to become compliant. 87 FR 39164, 39174.

Section 7.1 of ASHRAE 72-2022 with Errata specifies the sequence of operations for conducting a test. The overall sequence requires conducting two tests, Test A and Test B, to verify stability of the unit under test. Both Test A and Test B would be conducted in the same way—starting with a defrost and with door or drawer openings, night curtains, and lighting occupancy sensors and controls, as applicable—as specified in section 7.3 of ASHRAE 72-2022 with Errata. The test is determined to be stable if the average temperature of simulators during Test B is within 0.4 °F of the average measured temperature during Test A.

See

section 7.5 of ASHRAE 72-2022 with Errata. As compared to the current DOE test procedure and ASHRAE 72-2005, ASHRAE 72-2022 with Errata specifies how to determine that a test is stable. ASHRAE 72-2005 currently requires steady-state conditions for the test (section 7.1.1) and a stabilization period during which the CRE operates with no adjustment to controls for at least 12 hours (section 7.4). Section 3 of ASHRAE 72-2005 defines “steady-state” as the condition in which the average temperature of all test simulators changes less than 0.4 °F from one 24-hour period or refrigeration cycle to the next. ASHRAE 72-2005 does not specify whether the 24-hour periods used to determine steady-state conditions include door openings, which are required to be performed during the 24-hour performance test. Additionally, the temperatures maintained over a 24-hour period with door openings may differ from a 24-hour period with no door openings. If steady-state is determined without door openings, then door openings during a test may increase simulator temperatures outside of the desired range, requiring a change to the temperature setting and restarting the steady-state determination prior to another test period.

The testing approach in ASHRAE 72-2022 with Errata specifies that Test A and Test B are conducted in the same way, and therefore the temperatures used to determine stability would also be at the target temperatures for the test. DOE determined in the June 2022 NOPR that this approach provides clarity to the existing test procedure while limiting burden by reducing the need for retests (

i.e.,

by maintaining target temperatures during the stability determination). 87 FR 39164, 39175. Because the sequence of operations in ASHRAE 72-2022 with Errata is generally consistent with ASHRAE 72-2005 but with added specificity, DOE does not expect that the updated sequence of operations would impact current CRE ratings based on the current DOE test procedure.

Moreover, ASHRAE 72-2022 with Errata explicitly specifies test conditions and data collection requirements in a new appendix A: “Measurement Locations, Tolerances, Accuracies, and Other Characteristics.” This appendix includes a table that presents the measurements required during testing, the measurement location (if applicable), the period of time the measurement is taken (

e.g.,

once per minute throughout Test A and Test B, once before Test B, and once after Test B), the required measurement accuracy, and the required value (

i.e.,

the test condition, if applicable). The measurement instructions and

requirements in appendix A to ASHRAE 72-2022 with Errata are generally consistent with those required by the current DOE test procedure, by reference to ASHRAE 72-2005, but with added specificity to clarify the applicable requirements. Because the measurement instructions in ASHRAE 72-2022 with Errata are generally consistent with ASHRAE 72-2005 but with added specificity, DOE does not expect that the updated requirements in appendix A would impact current CRE ratings based on the current DOE test procedure.

ASHRAE 72-2022 with Errata also adds provisions for testing CRE used with roll-in racks. Sections 5.4.1 and 5.4.5 of ASHRAE 72-2022 with Errata provide loading instructions for CRE used with roll-in racks. These sections are generally consistent with the existing test requirements for CRE, but provide additional clarification specific to roll-in racks to describe the determination of net usable volume and loading of test simulators. ASHRAE 72-2005 includes roll-in racks within the scope of the test standard (section 9.1) but does not provide additional test instructions for these models. Because the instructions for testing CRE used with roll-in racks in ASHRAE 72-2022 with Errata are generally consistent with ASHRAE 72-2005 but with added specificity, DOE does not expect that the updated requirements in appendix A would impact current CRE ratings based on the current DOE test procedure.

As discussed, the test procedure in ASHRAE 72-2022 with Errata is generally consistent with the existing DOE test procedure, which references ASHRAE 72-2005. The updates included in ASHRAE 72-2022 with Errata are generally editorial, clarifying, or harmonizing revisions. Additionally, the substantive revisions in ASHRAE 72-2022 with Errata provide further specificity to the existing test procedure requirements and would improve repeatability, reproducibility, and representativeness of the test procedure while limiting test burden. For these reasons, in the June 2022 NOPR, DOE proposed to incorporate by reference ASHRAE 72-2018R into the DOE test procedure and tentatively determined that any test data for CRE currently available on the market are expected to be consistent with the proposed test procedure. 87 FR 39164, 39174.

In the June 2022 NOPR, DOE requested comment on its proposal to incorporate by reference ASHRAE 72-2018R, including whether the updates included in the industry test standard would impact the measured energy consumption of any CRE currently available.

Id.

AHRI commented that it supports DOE's proposal to incorporate by reference ASHRAE 72-2022 because the updates included in the industry test standard should not significantly impact the measured energy consumption of any CRE currently available. (AHRI, No. 38, p. 4)

AHT supported incorporating by reference ASHRAE 72-2018R. (AHT, No. 38, p. 1).

Hillphoenix agreed with the proposal to incorporate by reference the newer version of ASHRAE 72, but recommended version 202X, which is currently in public review. (Hillphoenix, No. 35, p. 2) Hillphoenix commented that this approach would align with the incorporation of other standards referenced that are not yet released and would maintain consistency within the industry.

Id.

Continental supported DOE's proposal to incorporate the most recent edition of the ASHRAE 72 test procedure, pointing out that ASHRAE 72-2022, the most recent standard, prescribes separate 24-hour A and B test periods to provide more consistent verification of stability than the previous version of the procedure. (Continental, No. 29, p. 3) Continental commented that it is still evaluating impacts of this change on the energy consumption of equipment, particularly for freezers, and stated that provisions of ASHRAE 72-2022 should not be required until the compliance date of any new energy conservation standards are established, based on the proposed test procedure, to allow time for vetting any impact on energy consumption.

Id.

Continental also commented that the use of separate 24-hour test periods, including additional door opening requirements, is desirable for the reasons noted above, but the revised method will increase the test burden for some equipment types and substantially increase costs for laboratory and staff time, reducing the capacity to perform other testing to meet regulations.

Id.

Continental commented that these factors and their related costs will impact a small business like itself.

Id.

Hoshizaki commented that it would like to state for the record that there is an ASHRAE 72-2018 standard and an ASHRAE 72-2022 standard, and that it agrees to proposing the incorporation of ASHRAE 72-2018. (Hoshizaki, No. 30, p. 1) Hoshizaki noted that the ASHRAE 72-2022 standard was just finalized in July of 2022 and, as of the filing date of this rulemaking, was not approved and published for all parties to see.

Id.

Hoshizaki noted that while most changes to the standard were editorial, the change from stabilization to new test cycle may leave many manufacturers without the opportunity to review and comment.

Id.

Hoshizaki commented that enough time would be needed for manufacturers to fully digest these new changes to determine for themselves whether these changes affect their designs.

Id.

Based on the June 2022 NOPR and comments received in response, DOE is incorporating by reference ASHRAE 72-2022 with Errata. Based on comments received in response to the June 2022 NOPR and DOE's review of ASHRAE 72-2022 with Errata, DOE does not expect any impact on ratings as a result of the updates to the standard. DOE notes that ASHRAE 72-2022 with Errata is available for purchase, as discussed in this

SUPPLEMENTARY INFORMATION

section.

In response to Continental's comment regarding test burden for some types of CRE, ASHRAE 72-2005, currently incorporated by reference, requires stabilization periods generally consistent with ASHRAE 72-2022 with Errata. The updates clarify procedures in the stabilization period and limit the need for iterative testing. DOE expects no significant change in test burden associated with testing to ASHRAE 72-2022 with Errata as compared to ASHRAE 72-2005.

a. Drawers

Section 1.3.16 of appendix B of the DOE test procedure specifies that drawers are to be treated as identical to doors when conducting the DOE test procedure, and that drawers should be configured with the drawer pans that allow for the maximum packing of test simulators and filler packages without the filler packages and test simulators exceeding 90 percent of the refrigerated volume. Packing of test simulators and filler packages must be in accordance with the requirements for commercial refrigerators without shelves, as specified in section 6.2.3 of ASHRAE 72-2005.

CRE with drawers are typically configured to hold standardized food pans for food storage. Pans loaded into the drawers are not typically filled with food above their top edges to prevent spilling or interfering with other drawers. Additionally, these CRE may require the space above the pans to be unloaded to allow for air circulation within the cabinet.

The current DOE test procedure instructions do not specify any test simulator or filler package load limits for pans, other than not exceeding 90 percent of the refrigerated volume. For

other CRE tests, ASHRAE 72-2005 and ASHRAE 72-2022 with Errata specify test simulator and filler package loading based on net usable volume rather than refrigerated volume.

See

section 6.2.5 of ASHRAE 72-2005 and section 5.4.1 of ASHRAE 72-2022 with Errata. Loading based on the net usable volume accounts for load limits within the CRE and would prevent overloading CRE to the extent of impacting airflow circulation within the cabinet.

To ensure consistent testing for CRE with drawers, and to allow for testing that is most representative of typical use, DOE proposed in the June 2022 NOPR to specify in appendix B that CRE with drawers be tested according to the existing requirements with the additional instruction that, for the purposes of loading pans in drawers, the net usable volume is the storage volume of the pans up to their top edge. 87 FR 39164, 39175.

The drawer loading instructions in appendix B reference section 6.2.3 of ASHRAE 72-2005, which specifies instructions for loading compartments without shelves. Specifically, section 6.2.3 requires situating test simulators at the left and right ends (

i.e.,

sides), the front and back, and the top and bottom locations of the compartment. To make explicit the application of this instruction to standardized food pans, DOE proposed in the June 2022 NOPR to require that test simulators be placed at the corner locations of each pan. 87 FR 39164, 39175. For any pans not wide or deep enough to allow for test simulators at each corner (

i.e.,

less than 7.5 inches (“in.”) wide or deep, based on the 3.75-in. test simulator width), DOE proposed that test simulators be centered along the width or depth accordingly. 87 FR 39164, 39175-39176. Similarly, for any pans not tall enough to allow for test simulators at the specified top and bottom locations (

i.e.,

pans less than 4 in. tall, based on the 2-in. test simulator height), DOE proposed that a test simulator only be loaded at the specified top location within the standardized food pan. 87 FR 39174, 39176.

In the June 2022 NOPR, DOE requested comment on the proposed additional instructions regarding loading drawers.

Id.

DOE additionally requested information on whether the proposed approach is consistent with any future industry standard revisions to address this issue.

Id.

DOE also requested comment on whether other instructions for CRE with drawers should be revised (

e.g.,

fully open definition for drawers) or if additional instructions are needed.

Id.

AHRI commented that the additional loading drawer instructions proposed by DOE are incomplete and provide a suboptimal approach. (AHRI, No. 38, p. 4) AHRI pointed out that ASHRAE Standard 72-2022 may be available as early as May 2024 as an update to ASHRAE Standard 72-2018, with revisions including the addition of a specific test procedure for drawers as well as more complete instructions.

Id.

AHRI recommended that DOE pause the process of providing additional instructions regarding loading drawers and await ASHRAE 72-2022.

Id.

Continental commented that DOE should delay adoption of additional instructions for testing drawers since the ASHRAE 72 standards committee is in the process of updating the current Standard 72-2022, and is working to resolve a number of significant challenges with loading and testing drawers to ensure a reliable and repeatable process that is not overly burdensome. (Continental, No. 29, p. 4) Continental stated that DOE should continue to work with ASHRAE to complete incorporation of an industry-accepted standard procedure.

Id.

Hoshizaki commented that, currently, the ASHRAE 72 Standards Committee is working on specifying test setup and procedure for drawer units and that any changes should be made in this committee. (Hoshizaki, No. 30, p. 2) Hoshizaki noted that making suggestions in the DOE NOPR phase is not the proper process by which to change standards, and that using a published standard for some parts and requesting revisions in CFR could only confuse both manufacturers and third-party testing agencies.

Id.

Hillphoenix stated its disagreement with the proposal to include additional instructions regarding drawers and recommended referencing the new version of ASHRAE 72-202X, which will maintain alignment in the industry without creating new or duplicate requirements that would otherwise be added to the final rule. (Hillphoenix, No. 35, p. 3)

DOE recognizes that a future update to the ASHRAE 72 standard may include additional instructions for CRE with drawers, but a revision to ASHRAE 72 including such instruction is not yet available.

Consistent with AHRI's comment that the additional loading drawer instructions proposed by DOE are incomplete and provide a suboptimal approach, DOE reviewed the approach specified in the June 2022 NOPR. As stated in the June 2022 NOPR, DOE proposed additional instructions to ensure testing that is most representative of typical use. 87 FR 39164, 39175. DOE re-ordered the instructions in this final rule to better clarify the proposed approach and better specify some requirements. Specifically, DOE has added a definition for fully open (for drawers) which means opened not less than 80 percent of their full travel which is consistent with the fully open (for sliding doors) definition in ASHRAE 72 with Errata which means opened at least 80 percent of its full normal travel. Currently, ASHRAE 72 with Errata includes a definition for fully open (for drawers) that requires drawers to be opened not less than 66 percent of their full travel. This definition allows a wider range of openings than for sliding doors despite the fact that, similar to sliding doors, drawers require users to almost fully open the drawer to expose the full contents to the user. DOE has determined that a definition of fully open (for drawers) that is consistent with the definition for fully open (for sliding doors) would result in more representative results by reducing the range of allowable percent open. Additionally, DOE has revised the food service pan requirement from Gastronorm to stainless steel to ensure a repeatable and reproducible test with the same pan material while allowing test flexibility for different pan sizes as specified in manufacturer instructions.

DOE proposed in the June 2022 NOPR that the net usable volume of drawers is the storage volume of the pans up to the top edge of the pan. 87 FR 39164, 39175. DOE has determined that “up to the top edge of the pan” is better specified by providing a more detailed description of this instruction that is harmonized with the net usable volume determination for buffet tables or preparation tables established in this final rule. Specifically, DOE is specifying that the net usable volume of pans is determined by filling pans with water to within 0.5 in. of the top edge of the pan.

DOE proposed in the June 2022 NOPR additional test simulator loading instructions to clarify the application of ASHRAE 72 loading to pans. 87 FR 39164, 39175. DOE has revised the test simulator locations proposed for drawers to be less burdensome and to align more closely with the simulator loading requirements in ASHRAE 72 with Errata. Specifically, DOE has determined that loading test simulators into every individual pan (

i.e.,

at each corner of every pan), as proposed, is not appropriate and would be overly burdensome as compared to the simulator loading requirements for shelves in ASHRAE 72 with Errata. For example, under the proposed approach,

a large drawer loaded with small pans would require many more simulators (in every pan) than a similarly-sized CRE with a shelf in place of a drawer (at the shelf corners and at specified intervals). To ensure consistent application of the ASHRAE 72 with Errata instructions, DOE is specifying that drawers be loaded with simulators in locations similar to those required for shelves (

i.e.,

at the drawer ends and at specified length intervals, at the front and back of the drawers, and on the bottom of the pan(s)) which is representative of the integrated average temperature of the drawer(s) while reducing the test burden of requiring additional test simulators and to account for pans which may not accommodate two test simulators stacked in the vertical direction. Additionally, DOE is specifying that test simulators shall be secured during testing to ensure the specified locations are maintained throughout drawer openings. DOE has determined that this revised method is representative, repeatable, and reproducible for testing of CRE with drawers and maintains consistency with the loading instructions in ASHRAE 72 with Errata.

b. Liquid Refrigerant Pressure Accuracy

On April 14, 2023, ASHRAE published the first public review draft of Addendum a to ASHRAE 72-2022 with Errata.

The purpose of Addendum a is to correct the required liquid refrigerant pressure measurement accuracy in Table A-1 in Normative Appendix A. The required accuracy for liquid refrigerant pressure in ASHRAE 72-2022 with Errata is ±7.0 kPa (±1.0 psi). However, this is an error because in previous versions of ASHRAE 72 (

e.g.,

the version currently incorporated by reference at 10 CFR 431.63, ASHRAE 72-2005), the required accuracy for liquid refrigerant pressure was ±35 kPa (±5.1 psi). Addendum a corrects the required accuracy for liquid refrigerant pressure to be ±35 kPa (±5.1 psi), consistent with previous versions of ASHRAE 72. Therefore, DOE is clarifying in this final rule that the required accuracy for liquid refrigerant pressure is ±35 kPa (±5.1 psi).

See www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Actions/SAApr142023.pdf

3. Secondary Coolants

Certain CRE are installed for use with a secondary coolant. In this configuration, a remotely cooled fluid (

e.g.,

a propylene glycol solution) is supplied to the cabinet and absorbs heat from the cabinet without the secondary coolant undergoing a phase change.

AHRI publishes a rating standard applicable to CRE that use a secondary coolant or refrigerant, AHRI Standard 1320 (I-P), “2011 Standard for Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets for Use With Secondary Refrigerants” (“AHRI 1320-2011”), approved by ANSI on April 17, 2012. AHRI 1320-2011 is applicable to CRE that are equipped and designed to work with electrically driven, medium-temperature, single-phase secondary coolant systems, but excludes equipment used for low-temperature applications, secondary coolants involving a phase change (

e.g.,

ice slurries or carbon dioxide), and self-contained CRE. AHRI 1320-2011 includes similar rating temperature conditions as those in AHRI 1200-2013 and references ASHRAE 72-2005 and AHAM HRF-1-2008 for the measurement of energy consumption and calculation of refrigerated volume, respectively. The only substantive differences between AHRI 1200-2013 and AHRI 1320-2011 are the inclusion of secondary refrigerant circulation pump energy consumption in the calculation of total daily energy consumption and revised coefficients of performance to determine compressor energy consumption.

While CRE cooled by secondary coolants are less common than self-contained or remote CRE, DOE proposed in the June 2022 NOPR to incorporate by reference AHRI 1320-2011 to reference only the specific sections within the standard that apply to CRE tested with secondary coolants (

i.e.,

those referring to pump energy and coolant flow) and to otherwise reference the applicable requirements in AHRI 1200-202X. 87 FR 39164, 39176. DOE acknowledges that AHRI 1320-2011 may be updated consistent with the updates in AHRI 1200-2023.

Because CRE cooled by secondary coolants are not currently subject to DOE's test procedure, DOE proposed in the June 2022 NOPR that the test procedure referencing AHRI 1320-2011 would not be required for use until the compliance date of any amended energy conservation standards for CRE that consider such testing. 87 FR 39164, 39176. DOE is aware that direct-expansion remote CRE may also be capable of being installed with a secondary coolant.

Id.

Under the June 2022 NOPR proposal, such equipment would continue to be tested and rated using the approach currently required for remote condensing CRE.

Id.

The test procedure for secondary coolants proposed in the June 2022 NOPR would be applicable to equipment only capable of being installed with secondary coolants, should any such models become available.

Id.

In the June 2022 NOPR, DOE requested comment on the proposal to incorporate by reference AHRI 1320-2011 for CRE used with secondary coolants, including the proposal to only reference the industry standard for provisions specific to secondary coolants and to otherwise reference AHRI 1200-202X, as proposed for other CRE. 87 FR 39164, 39176.

The CA IOUs commented that they support the addition of a test procedure for secondary coolant systems in reference to ANSI/AHRI Standard 1320 and recommended distinguishing between secondary coolant systems and cascade systems and including both system types in the scope of DOE's test procedures. (CA IOUs, No. 36, p. 11) The CA IOUs also encouraged DOE to develop a test procedure to address CO

-based (

i.e.,

R-744) secondary coolant systems and cascade systems.

Id.

AHRI recommended that DOE avoid incorporating by reference AHRI 1320-2011 for CRE used with secondary coolants because AHRI will likely update AHRI 1320-2011 during 2023, and an updated standard could create confusion for compliance purposes. (AHRI, No. 38, p. 5) AHRI noted that AHRI 1320-2011 is not a widely used or needed standard and that waiting for the update would benefit the test procedure.

Id.

Zero Zone stated agreement that AHRI 1320 was the appropriate standard for secondary coolants, as stated in previous comments. (Zero Zone, No. 37, p. 3) Zero Zone stated it had not used the standard, expressed concern it would not produce reliable results, and agreed with AHRI's position that the standard was out of date and not used by manufacturers.

Id.

Zero Zone commented that generally speaking, a commercial refrigerator has the same amount of heat infiltration regardless of the refrigerant used to cool the equipment, plus the number of cases sold that use a secondary coolant is extremely low, and adding a requirement to test and certify this equipment would create an enormous test burden.

Id.

Hussmann recommended against DOE's proposal to incorporate by reference AHRI 1320-2011 for CRE used with secondary coolants, as AHRI is likely to update AHRI 1320-2011 during 2023. (Hussmann, No. 32, p. 3) Hussmann commented that an updated standard could create confusion for compliance purposes, adding that AHRI

1320-2011 is not a widely used or needed standard, and that waiting for a more updated standard to incorporate in the test procedure would be beneficial.

Id.

Hillphoenix disagreed with the proposal to incorporate AHRI 1320-2011 and recommended that DOE allow the standard to be reviewed by the industry and aligned with current technology before being referenced. (Hillphoenix, No. 35, p. 3)

DOE recognizes that AHRI 1320-2011 is not a widely used standard and that AHRI may work on an update to the standard, but DOE also recognizes that AHRI 1320 parallels AHRI 1200. Therefore, DOE is adopting the provisions for CRE used with secondary coolants as proposed in the June 2022 NOPR, which is consistent with the updates in AHRI 1200-2023, so that CRE using secondary coolants can be tested and rated. DOE will evaluate any future updates to AHRI 1320-2011 as they become public. Consistent with the June 2022 NOPR, the test procedure for CRE using secondary coolants would not be required for use until the compliance date of any amended energy conservation standards for CRE that consider such testing.

As stated in the June 2022 NOPR, DOE is aware that direct-expansion remote CRE may also be capable of being installed with a secondary coolant. Such equipment will continue to be tested and rated using the approach currently required for remote condensing CRE. The test procedure for CRE with secondary coolants will be applicable to equipment only capable of being installed with secondary coolants, should any such models become available.

C. Test Conditions for Specific CRE Categories

DOE has identified specific categories of CRE that are not currently subject to the DOE test procedure or in which the current test procedure may not produce results that are representative of their use. Additionally, the EPA's ENERGY STAR program considered three of these equipment categories for scope expansion and test method development during the Version 5.0 Specification development process: refrigerated preparation and buffet tables; chef bases or griddle stands; and blast chillers and freezers.

DOE has considered information gathered through the ENERGY STAR process when developing the proposals included in this final rule. DOE discusses each of these categories in the following sections.

Information and materials for ENERGY STAR's Specification Version 5.0 process are available at

www.energystar.gov/products/spec/commercial_refrigerators_and_freezers_specification_version_5_0_pd

(last accessed March 11, 2023).

In response to the June 2022 NOPR, NEEA encouraged DOE to align test methods for this equipment with EPA ENERGY STAR 5.0 where applicable to reduce manufacturer burden and establish consistently used ratings. (NEEA, No. 39, p. 2). NEEA commented that DOE had reviewed the test procedures it recommended for these four products and considered any anticipated updates to industry TP or active product committees, such as ASHRAE 220.

Id.

NEEA stated support for DOE's proposed test procedures for this equipment, noting that establishing Federal test procedures was key to providing consistent ratings to consumers and enabling data collection that would inform establishing standards for this newly defined equipment.

Id.

NEEA recommended that DOE establish energy conservation standards for newly defined CRE equipment classes, including test procedures for refrigerated preparation and buffet tables; chef bases or griddle stands; blast chillers and blast freezers; and high-temperature CRE.

Id.

As discussed in the following sections, DOE is establishing test procedures for new equipment categories as proposed in the June 2022 NOPR. DOE has considered the latest ENERGY STAR requirements in evaluating the requirements for these equipment categories. DOE may evaluate energy conservation standards for these new equipment categories as part of a separate energy conservation standards rulemaking.

1. Salad Bars, Buffet Tables, and Refrigerated Preparation Tables

Salad bars, buffet tables, and other refrigerated holding and serving equipment, including refrigerated preparation tables,

are CRE that store and display perishable items temporarily during food preparation or service. These units typically have design attributes such as easily accessible or open bins that allow convenient and unimpeded access to the refrigerated products, which make them unique from CRE designed for storage or retailing. In the April 2014 Final Rule, DOE did not establish test procedures for this equipment but maintained that it meets the definition of CRE and is covered equipment that could be subject to future test procedures and energy conservation standards. 79 FR 22277, 22281. In the June 2022 NOPR, DOE proposed definitions and test procedures applicable to salad bars, buffet tables, and refrigerated preparation tables.

While the April 2014 Final Rule did not specifically refer to refrigerated preparation tables, DOE is including them in this category because they have similar features to salad bars and buffet tables. Each of these equipment categories includes an open-top area for holding refrigerated pans and is used during food preparation and service.

a. Definitions

In the June 2022 NOPR, DOE noted that ASTM International F2143-16, “Standard Test Method for Performance of Refrigerated Buffet and Preparation Tables” (“ASTM F2143-16”) provides the following definitions for refrigerated buffet and preparation tables:

•

Refrigerated buffet and preparation table

—equipment designed with a refrigerated open top or open condiment rail.

•

Refrigerated buffet table or unit

—equipment designed with mechanical refrigeration that is intended to receive refrigerated food and maintain food product temperatures and is intended for customer service such as a salad bar. A unit may or may not be equipped with a lower refrigerated compartment.

•

Refrigerated food preparation unit

—equipment designed with a refrigerated open top or open condiment rail such as refrigerated sandwich units, pizza preparation tables, and similar equipment. The unit may or may not be equipped with a lower refrigerated compartment.

86 FR 31182, 31185-31186.

DOE discussed in the June 2022 NOPR that certain terms used within these definitions are undefined (

e.g.,

condiment rails, food product temperatures) and that it was not aware of any other industry standard definitions for these equipment categories.

Id.

DOE also noted in the June 2022 NOPR that the California Code of Regulations (“CCR”)

defines “buffet table” and “preparation table” as follows:

California's regulations for buffet tables and preparation tables refer to the 2001 version of ASTM F2143. For this final rule, DOE has reviewed ASTM F2143-16, as it is the most current version of the standard.

• “Buffet table” means a commercial refrigerator, such as a salad bar, that is designed with mechanical refrigeration and that is intended to receive refrigerated food, to maintain food product temperatures, and for customer service; and

• “Preparation table” means a commercial refrigerator with a countertop refrigerated compartment with or without cabinets below, and

with self-contained refrigeration equipment. 20 CCR § 1602.

87 FR 39164, 39177.

Furthermore, the EPA's ENERGY STAR program's Final Draft Version 5.0 Eligibility Criteria for commercial refrigerators and freezers includes a definition for “preparation or buffet table” as a commercial refrigerator, freezer, or refrigerator-freezer with a food condiment rail designed to hold open perishable food and may or may not be equipped with a lower compartment that may or may not be refrigerated.

In the June 2022 NOPR, DOE stated that the configuration of salad bars, buffet tables, and refrigerated preparation tables may raise questions as to whether a unit is commercial hybrid refrigeration equipment. 87 FR 39164, 39177. DOE defines “commercial hybrid refrigeration equipment” as a unit of CRE (1) that consists of two or more thermally separated refrigerated compartments that are in two or more different equipment families, and (2) that is sold as a single unit. 10 CFR 431.62.

DOE discussed in the June 2022 NOPR that additional detail may be necessary to distinguish between a unit that is a salad bar, buffet table, or refrigerated preparation table and a unit that is commercial hybrid equipment that includes a salad bar, buffet table, or refrigerated preparation table. 87 FR 39164, 39177. Refrigerated salad bars, buffet tables, and preparation tables typically have removable pans or bins that directly contact the chilled air in the refrigerated compartment of the unit. With that configuration, the entirety of the chilled compartment and surface pans would potentially be considered a refrigerated salad bar, buffet table, or preparation table. In contrast, if a unit includes solid partitions between the chilled compartment and the pans or bins on top of the unit, such a configuration would potentially be considered thermal separation and the unit would be considered a commercial hybrid consisting of a refrigerated salad bar, buffet table, or preparation table with a refrigerator and/or freezer.

To delineate this equipment from other types of CRE, DOE proposed in the June 2022 NOPR to define the term “buffet table or preparation table.” 87 FR 39164, 39179. DOE proposed a definition for this term that combines elements of the existing industry and ENERGY STAR definitions, includes language for consistency with DOE's existing CRE definitions, and includes further specificity regarding the characteristics of this equipment.

Id.

Specifically, DOE proposed to define this term as follows:

“Buffet table or preparation table” means a commercial refrigerator with an open-top refrigerated area, that may or may not include a lid, for displaying or storing merchandise and other perishable materials in pans or other removable containers for customer self-service or food production and assembly. 87 FR 39164, 39179. The unit may or may not be equipped with a refrigerated storage compartment underneath the pans or other removable containers that is not thermally separated from the open-top refrigerated area.

Id.

DOE did not propose in the NOPR to define the term “salad bar,” as this equipment would be captured within the proposed definition of “buffet table or preparation table.” 87 FR 39164, 39179. DOE tentatively determined that additional equipment definitions are not necessary for the purposes of testing buffet tables and preparation tables.

Id.

Additionally, DOE did not propose in the NOPR any reference to storage temperature or duration in the proposed definition for “buffet table or preparation table.” 87 FR 39164, 39179-39180. DOE recognized that these are important aspects of the equipment operation but has tentatively determined that they are not necessary for the purpose of defining the equipment to establish test procedures.

Id.

By specifying that such units are commercial refrigerators, buffet tables and preparation tables would be units capable of operating at or above 32 °F (±2 °F).

As discussed, CRE may include single refrigeration systems to provide cooling to multiple compartments or areas within a unit. Additionally, CRE may include multiple distinct refrigeration systems or evaporator coils to individually cool separate compartments or refrigerated areas. DOE's proposed definition in the June 2022 NOPR would include units both with and without a refrigerated storage compartment underneath the pans or other removable containers. The proposed definition in the June 2022 NOPR, however, specifies that units including a refrigerated storage compartment underneath the pans or other removable containers may not be thermally separated from the open-top refrigerated area.

DOE noted in the June 2022 NOPR that while industry may use the term “hybrid” to refer to different combinations of equipment capabilities and configurations, the term “commercial hybrid” is specifically defined by DOE in 10 CFR 431.62. 87 FR 39164, 39180. Currently, CRE with refrigerated storage compartments thermally separated from the open-top refrigerated area of the buffet table or preparation table are “commercial hybrid” CRE and must be tested in accordance with the applicable test procedures and comply with the applicable standards. Such equipment would continue to be tested as currently required to determine compliance with the existing energy conservation standards applicable to the non-buffet table or preparation table element. As noted, DOE has not established energy conservation standards for CRE covered under the proposed definition of “buffet table or preparation table.” DOE discussed in the April 2014 Final Rule that because only the refrigerated storage compartment is subject to current energy conservation standards, the unit would be tested with the buffet table or preparation table portion disabled and not included in the determination of energy consumption. 79 FR 22277, 22289. If the same refrigeration system serves both the refrigerated compartment and the open-top refrigerated area and refrigeration of the open-top area cannot be disabled, manufacturers may apply for a test procedure waiver for such equipment if the measured energy use would not be representative of the portion of the unit that is not a buffet table or preparation table of the CRE basic model.

Id.

In the June 2022 NOPR, DOE requested comment on the proposed definition for “buffet table or preparation table.” 87 FR 39164, 39180. DOE also requested information on whether any additional definitions are necessary for the purposes of testing this equipment, or whether any additional equipment characteristics are necessary to differentiate this equipment from other categories of CRE.

Id.

Hoshizaki supported this proposed definition and stated that it is like the definition given in ASTM F2143-16. (Hoshizaki, No. 30, p. 2)

Hillphoenix agreed with the proposed definitions for buffet table and preparation table as documented in the NOPR. (Hillphoenix, No. 35, p. 3)

NEEA supported the new definitions DOE proposed for buffet tables and preparation tables, stating that these equipment types have unique applications compared to other CRE, and these definitions allow consideration (potential standards), categorization (equipment classes), and testing of this equipment separate from other CRE. (NEEA, No. 39, p. 2)

Continental commented it continues to support the use of NSF 7-2019

(defined within NSF/ANSI 170-2019, “Glossary of Food Equipment Terminology”) definitions for “Refrigerated Buffet Units” and “Refrigerated Food Preparation Units.” (Continental, No. 29, p. 4)

True commented that the terms used to define the categories of “buffet table” and “preparation table” correspond to (match) those as defined by NSF/ANSI 170 (referenced in NSF/ANSI 7-2021). (True, No. 28, p. 2) True commented that the definition for a buffet table can be found at NSF/ANSI 170 3.22, which defines a buffet unit as “Equipment that is designed to receive and maintain food product(s) at proper temperatures and is intended for customer service,” and that the definition for a preparation table can be found at NSF/ANSI 170 3.173, which defines a refrigerated food preparation unit as “Equipment designed with a refrigerated open top or open condiment rail such as refrigerated sandwich units, pizza preparation tables, and similar equipment. The unit may or may not be equipped with a lower refrigerated compartment.”

Id.

AHRI commented that it found the proposed definition for “buffet table or preparation table” to be broad enough for testing this equipment and defining necessary equipment characteristics; as a result, additional definitions may be unnecessary. (AHRI, No. 38, p. 5) AHRI recommended that DOE should specify that this definition applies to self-contained units and add to the definition whether the equipment does or does not share a coil.

Id.

Hussmann commented that while it did not oppose the proposed definitions, it requested that DOE include that the definition pertained to self-contained units only, and that DOE include language about sharing the coil with other compartments. (Hussmann, No. 32, p. 4) Hussmann also commented that the definition included “may or may not be equipped with a refrigerated storage compartment underneath the pans” but did not mention any other equipment category, and that the buffet/prep section may share a coil with a different equipment category other than storage and mention should be in the definition because it already considers the lower storage.

Id.

Hussmann requested clarification about, and a definition of, “non-thermally separated compartments,” as the proposal stated “closed.” (Hussmann, No. 32, p. 5) Hussmann commented that currently, open display cases (“SVO”) share the same coil/discharge air with the buffet/prep section.

Id.

Hussman questioned whether DOE considered this condition as not thermally separated.

Id.

Hussmann added that if so, a “no-load” in the SVO section of the case would result in higher infiltration of warm air.

Id.

Hussmann also commented by asking if night curtains would be allowed to be installed on the case or if the unloaded compartment could be protected or, alternatively, if the SVO section of the case could be loaded.

Id.

The CA IOUs commented that DOE's proposed definition for “buffet table or preparation table” raises the issue that if an energy conservation standard is established in the future for this equipment, refrigerated rails will have to meet the same energy conservation standard as prep tables with a refrigerated bottom component if that bottom component is not “thermally separated” from the open-top refrigerated area. (CA IOUs, No. 36, p. 1) The CA IOUs also commented that DOE should consider defining “refrigerated rail” separately from “buffet table or preparation table” and that the definition of “buffet table or preparation table” include both sandwich and pizza prep tables; and that “commercial hybrid” CRE consists of compartments refrigerated by separate evaporators with fully independent temperature control between the different compartments. (CA IOUs, No. 36, p. 3)

The CA IOUs amended the proposed NOPR definitions with strikeout deletions and underline additions.

Id.

The CA IOUs agreed with the current definition of a “refrigerated rail.”

Id.

The CA IOUs amended the proposed NOPR definition of “buffet table or preparation table” to “a commercial refrigerator with an open-top refrigerated area, that may or may not include a lid, for displaying or storing merchandise and other perishable materials in pans or other removable containers for customer self-service or food production and assembly. The unit may or may not be equipped with a refrigerated storage compartment underneath the pans or other removable containers, that is not thermally separated from the open-top refrigerated area that is conditioned by the same refrigeration circuit as the open-top refrigerated area.”

Id.

The CA IOUs slightly altered the definition of “commercial hybrid” refrigeration equipment to “a unit of CRE (1) that consists of two or more thermally separated refrigerated compartments with independent control of temperature amongst the refrigerated compartments and that are in two or more different equipment families, and (2) that is sold as a single unit.”

Id.

The CA IOUs commented that prep tables (either sandwich tables or pizza prep tables) are similar in having an open-top refrigerated area with a refrigerated storage compartment underneath. (CA IOUs, No. 36, p. 2) The CA IOUs stated that in the absence of a definition for “thermal separation,” pizza prep tables could be misclassified as “commercial hybrid” CRE with the open-top refrigerated area evaluated as a “buffet table or preparation table” and the refrigerated compartment tested as Vertical Closed Solid (VCS.SC.M), while sandwich prep tables would be tested as “buffet table or preparation table.”

Id.

The CA IOUs commented that rating sandwich prep tables differently from pizza prep tables would create market confusion.

Id.

Consistent with the June 2022 NOPR, DOE is not limiting the definition of buffet tables or preparation tables to self-contained configurations but is specifying that the test procedure is only applicable to self-contained configurations

because DOE has not evaluated test provisions for remote equipment.

See

section 1.1 of appendix C of the June 2022 NOPR.

The existing hybrid definition is based on thermally separated compartments, not independent coils or separate temperature control. DOE is maintaining the existing approach for hybrids, which will avoid reclassifying all existing hybrid CRE.

DOE acknowledges that energy consumption likely varies depending on equipment configuration. For the purposes of testing, DOE has determined there is not a need to separately define equipment categories within buffet tables or preparation tables and is not establishing separate definitions. DOE has determined that test instructions regarding refrigerated pan areas and compartments are sufficient for testing the referenced configurations. DOE would consider energy impacts of different configurations as part of energy conservation standards rule evaluating this equipment category, and would consider appropriate definitions for those configurations at that time. Therefore, DOE is maintaining definitions as proposed in the June 2022 NOPR, which combine aspects of existing industry definitions, ENERGY STAR definitions, and other DOE definitions for CRE.

b. Test Methods

In the June 2022 NOPR, DOE considered potential test methods for buffet tables and preparation tables. 87 FR 39164, 39180. DOE reviewed both ASTM F2143-16 and NSF 7-2019 in considering test methods for buffet

tables and preparation tables. As described in section 1 of ASTM F2143-16 (“Scope”), that test method covers evaluation of the energy consumption of refrigerated buffet and preparation tables and allows food service operators to use this evaluation to select a refrigerated buffet and preparation table and understand its energy performance. The foreword to NSF 7-2019 specifies that the purpose of the industry testing standard is to establish minimum food protection and sanitation requirements for the materials, design, construction, and performance of commercial refrigerators and freezers.

The general test approach in ASTM F2143-16 is to load the unit with distilled water in pans and no load in any refrigerated compartment, operate the unit to confirm stability, then conduct testing for 24 hours, with an 8-hour “active period” with lid and door openings followed by a 16-hour “standby period” with no door openings. DOE understands that this test is intended to represent unit operation and energy consumption over a 24-hour day.

The NSF 7-2019 test approach requires loading the unit pans with refrigerated food-simulating test media (a specified mixture of water, salt, and hydroxypropyl methylcellulose) and no load in any refrigerated compartment and operating the unit for 4 hours to determine whether temperatures at all measured locations are within the acceptable range. DOE acknowledges that this test is intended to evaluate the ability of a unit to maintain the temperature of refrigerated pans (and any compartments) during a 4-hour period.

While these two industry test methods contain certain similarities (

e.g.,

loading pans but not compartments, ambient temperature conditions), DOE initially determined in the June 2022 NOPR that ASTM F2143-16 provides the more appropriate basis for an energy consumption test representative of typical use. 87 FR 39164, 39181. As discussed in the following subsections, DOE initially determined in the June 2022 NOPR that 24 hours of maintaining stable temperatures, as required in the ASTM F2143-16 method, is representative of average use for this equipment.

Id.

DOE also tentatively determined in the June 2022 NOPR that the stabilization and operating periods specified in ASTM F2143-16 would ensure that units maintain temperatures on a consistent basis during testing and would allow for comparative energy use measurements across units.

Id.

NSF 7-2019 provides a basis for determining whether a unit is capable of maintaining certain temperatures over a shorter period, but without additional instructions to ensure energy consumption testing on a consistent basis (

i.e.,

the temperatures maintained over the shorter test period may not necessarily be stable).

For these reasons, DOE proposed in the June 2022 NOPR to reference ASTM F2134-16 as the basis for testing buffet tables and preparation tables. 87 FR 39164, 39181. Consistent with the scope of ASTM F2134-16, DOE proposed test procedures only for self-contained buffet tables and preparation tables.

Id.

While DOE proposed to base the test procedure for buffet tables and preparation tables on ASTM F2134-16, DOE also proposed certain additional and different requirements for test conditions, setup, and conduct to ensure the representativeness of the test procedure, as discussed in the following sections.

Id.

To avoid confusion regarding testing of other CRE, DOE also proposed in the June 2022 NOPR to establish the test procedure for buffet tables and prepa

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