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Rule2022-22927

Energy Conservation Program: Test Procedure for Automatic Commercial Ice Makers

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Published

November 1, 2022

Effective

December 1, 2022

Issuing agencies

Energy Department

Abstract

In this final rule, the U.S. Department of Energy ("DOE") amends the test procedure for automatic commercial ice makers to update incorporated references to the latest version of the industry standards; establish a relative humidity test condition; provide additional detail regarding certain test conditions, settings, setup requirements, and calculations; include a voluntary measurement of potable water use; clarify certification and reporting requirements; and add enforcement provisions. This final rule also provides additional detail to the DOE test procedure to improve the representativeness and repeatability of the current test procedure.

Full Text

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[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Rules and Regulations]
[Pages 65856-65902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22927]

[[Page 65855]]

Vol. 87

Tuesday,

No. 210

November 1, 2022

Part II

Department of Energy

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10 CFR Parts 429 and 431

Energy Conservation Program: Test Procedure for Automatic Commercial
Ice Makers; Final Rule

Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 /
Rules and Regulations

[[Page 65856]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2017-BT-TP-0006]
RIN 1904-AD81

Energy Conservation Program: Test Procedure for Automatic
Commercial Ice Makers

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

ACTION: Final rule.

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SUMMARY: In this final rule, the U.S. Department of Energy (``DOE'')
amends the test procedure for automatic commercial ice makers to update
incorporated references to the latest version of the industry
standards; establish a relative humidity test condition; provide
additional detail regarding certain test conditions, settings, setup
requirements, and calculations; include a voluntary measurement of
potable water use; clarify certification and reporting requirements;
and add enforcement provisions. This final rule also provides
additional detail to the DOE test procedure to improve the
representativeness and repeatability of the current test procedure.

DATES: The effective date of this rule is December 1, 2022. The final
rule changes will be mandatory for equipment testing starting October
27, 2023. The incorporation by reference of certain publications listed
in the rule is approved by the Director of the Federal Register on
December 1, 2022.

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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
All documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a>
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 <a href="http://www.regulations.gov/docket/EERE-2017-BT-TP-0006">www.regulations.gov/docket/EERE-2017-BT-TP-0006</a>. 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: <a href="/cdn-cgi/l/email-protection#4e0f3e3e22272f202d2b1d3a2f202a2f3c2a3d1f3b2b3d3a2721203d0e2b2b602a212b60292138">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, 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) 586-0729. Email: <a href="/cdn-cgi/l/email-protection#0f4e7f7f63666e616c6a5c7b6e616b6e7d6b7c5e7a6a7c7b6660617c4f6a6a216b606a21686079">[email&#160;protected]</a>.
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-1777. Email: <a href="/cdn-cgi/l/email-protection#4013213221286e0235342c25320028316e242f256e272f36">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standards into part 431:
AHRI Standard 810 (I-P)-2016 with Addendum 1, ``Performance Rating
of Automatic Commercial Ice-Makers,'' January 2018; and
ANSI/ASHRAE Standard 29-2015, ``Method of Testing Automatic Ice
Makers,'' approved April 30, 2015.
AHRI standards can be obtained from the Air-Conditioning, Heating,
and Refrigeration Institute (AHRI), 2111 Wilson Blvd., Suite 500,
Arlington, VA 22201, 703-524-8800, <a href="/cdn-cgi/l/email-protection#17767f657e57767f657e79726339786570">[email&#160;protected]</a>, or
<a href="http://www.ahrinet.org">www.ahrinet.org</a>.
ASHRAE standards can be purchased from the American Society of
Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE),
1791 Tullie Circle NE, Atlanta, GA 30329, (404) 636-8400,
<a href="/cdn-cgi/l/email-protection#fd9c8e958f9c98bd9c8e958f9c98d3928f9a">[email&#160;protected]</a>, or <a href="http://www.ashrae.org">www.ashrae.org</a>. (Co-published with American
National Standards Institute (ANSI).)
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
B. Definitions
1. Refrigerated Storage ACIM
2. Portable ACIM
3. Industry Standard Definitions
C. Industry Test Standards Incorporated by Reference
D. Additional Amendments
1. Low-Capacity ACIMs
2. Stability Criteria
3. Test Conditions
4. Test Setup and Equipment Configurations
5. Modulating Capacity Ice Makers
6. Standby Energy Use and Energy Use Associated With Ice Storage
7. Calculations and Rounding Requirements
8. Potable Water Use
E. Representations of Energy Use and Energy Efficiency
1. Sampling Plan and Determination of Represented Values
2. Test Sample Value Rounding Requirements
3. Enforcement Provisions
F. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
G. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
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

Automatic commercial ice makers (``ACIMs'' or ``ice makers'') 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)(F)) DOE's energy conservation standards and test procedures for
ACIMs are currently prescribed at 10 CFR 431.136 and 431.134,
respectively. The following sections discuss DOE's authority to
establish test procedures for ACIMs and relevant background information
regarding DOE's consideration of test procedures for this equipment.

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part C \2\ of EPCA established the Energy Conservation
Program for Certain Industrial Equipment, which sets forth a variety of
provisions designed to improve energy

[[Page 65857]]

efficiency. This equipment includes ACIMs, the subject of this
document. (42 U.S.C. 6311(1)(F))
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\1\ 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.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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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 (as determined by the Secretary) and
requires that test procedures not be unduly burdensome to conduct. (42
U.S.C. 6314(a)(2))
EPCA prescribed the first Federal test procedure for ACIMs,
directing that the ACIM test procedure shall be the AHRI Standard 810-
2003, ``Performance Rating of Automatic Commercial Ice-Makers'' (``AHRI
Standard 810-2003''). (42 U.S.C. 6314(a)(7)(A)) EPCA requires if AHRI
Standard 810-2003 is amended, that DOE must amend the Federal test
procedures as necessary to be consistent with the amended AHRI
standard, unless DOE determines, by rule, published in the Federal
Register and supported by clear and convincing evidence, that to do so
would not meet the requirements for test procedures to be
representative of actual energy efficiency and to not be unduly
burdensome to conduct. (42 U.S.C. 6314(a)(7)(B)(i))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including ACIMs, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle. (42 U.S.C.
6314(a)(1))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)) If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures.
DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6314(b)(1))

B. Background

DOE's existing test procedures for ACIMs appear at title 10 of the
Code of Federal Regulations (``CFR''), part 431, Sec. 431.134.
On March 19, 2019, DOE published a request for information
(``RFI'') to solicit comment and information to inform DOE's
determination of whether to propose amendments to the current ACIM test
procedure. 84 FR 9979 (``March 2019 RFI''). Following the RFI and in
consideration of the comments received, DOE published a notice of
proposed rulemaking (``NOPR'') on December 21, 2021, to seek feedback
on initial proposals. 86 FR 72322 (``December 2021 NOPR''). In the
December 2021 NOPR, DOE proposed the following amendments to the test
procedure:
(1) Updating the referenced methods of test to AHRI Standard 810
(I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015, except for the
provisions as discussed;
(2) Including definitions and test requirements for low-capacity
ACIMs;
(3) Incorporating changes to improve test procedure
representativeness, accuracy, and precision, which include: clarifying
calorimeter constant test instructions; specifying ambient temperature
measurement requirements; establishing a relative humidity test
condition; establishing an allowable range of water hardness;
clarifying the stability requirements that were updated in ASHRAE
Standard 29-2015; clarifying water pressure requirements; and
increasing the tolerance on capacity collection time;
(4) Specifying certain test settings, conditions, and
installations, including: clarifying ice hardness test conditions;
clarifying baffle use for testing; amending clearance requirements;
clarifying automatic purge control settings; and providing instructions
for testing ACIMs with automatic dispensers;
(5) Including voluntary provisions for measuring potable water use;
(6) Including clarifying language for calculations, rounding
requirements, sampling plan calculations, and certification
instructions; and
(7) Adding language to the equipment-specific enforcement
provisions.
DOE received comments in response to the December 2021 NOPR from
the interested parties listed in Table I.1.

[[Page 65858]]

Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and AHRI...................... 13 Trade Association.
Refrigeration Institute.
Appliance Standards Awareness Project; ASAP, ACEEE, NRDC (Joint 15 Efficiency Advocacy
American Council for an Energy- Commenters). Organizations.
Efficient Economy; Natural Resources
Defense Council.
Hoshizaki America, Inc.................. Hoshizaki................. 14 Manufacturer.
Mile High Equipment Co. DBA Ice-O-Matic. Ice-O-Matic (IOM)......... 11 Manufacturer.
Pacific Gas and Electric Company; San CA IOUs................... 16 Utilities.
Diego Gas and Electric; and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
Association of Home Appliance AHAM...................... \3\18 Trade Association.
Manufacturers.
----------------------------------------------------------------------------------------------------------------

A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\4\
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\3\ DOE received AHAM's late comment on September 1, 2022, which
was past the comment deadline of February 22, 2022. Although this
comment was received 191 days after the close of the comment period,
DOE has included the comment and responses in this final rule. AHAM
indicated it did not file timely comments on the proposed test
procedure because AHAM was not aware that the proposed test
procedure included AHAM products in its scope. DOE has determined
that AHAM's comments may provide a unique stakeholder perspective
not included in other comments received during this rulemaking, and
therefore DOE has considered them in this final rule despite the
late submission.
\4\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for ACIMs. (Docket No. EERE-2017-BT-TP-0006, which
is maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>) The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
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II. Synopsis of the Final Rule

In this final rule, DOE amends the representation provisions,
product-specific enforcement provisions, and test procedure for ACIMs
as follows:
(1) Updating the referenced methods of test to AHRI Standard 810
(I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015, except for the
provisions as discussed;
(2) Including definitions and test requirements for low-capacity
ACIMs;
(3) Incorporating changes to improve test procedure
representativeness, accuracy, and precision, which include: clarifying
calorimeter constant test instructions; specifying ambient temperature
measurement requirements; establishing a relative humidity test
condition; clarifying the stability requirements that were updated in
ASHRAE Standard 29-2015; and clarifying water pressure requirements;
(4) Specifying certain test settings, conditions, and
installations, including: clarifying ice hardness test conditions;
clarifying baffle use for testing; amending clearance requirements;
clarifying automatic purge control settings; and providing instructions
for testing ACIMs with automatic dispensers;
(5) Including voluntary provisions for measuring potable water use;
(6) Including clarifying language for calculations, rounding
requirements, sampling plan calculations, and certification
instructions; and
(7) Adding language to the equipment-specific enforcement
provisions.
The adopted amendments are summarized in Table II.1 compared to the
test procedure provisions prior to the amendment, as well as the reason
for the adopted change.

Table II.1--Summary of Changes Established in This Final Rule
------------------------------------------------------------------------
Current DOE approach Amended approach Attribution
------------------------------------------------------------------------
References industry standard Updates reference Adopts latest
AHRI Standard 810-2007 with to industry industry
Addendum 1 ``2007 Standard for standard AHRI standards.
Performance Rating of Automatic Standard 810 (I-
Commercial Ice Makers'' (``AHRI P)-2016 with
Standard 810-2007''), which Addendum 1, which
refers to ANSI/ASHRAE Standard refers to ASHRAE
29-2009 ``Method of Testing Standard 29-2015.
Automatic Ice Makers,''
(including Errata Sheets issued
April 8, 2010 and April 21,
2010), approved January 28,
2009 (``ASHRAE Standard 29-
2009'').
Scope includes ACIMs with Includes Ensures
capacities between 50 and 4,000 definitions for representative,
lb/24 h. low-capacity repeatable, and
ACIMs and expands reproducible
test procedure measures of
scope to include performance for
low-capacity ACIMs currently
ACIMs with not in scope.
capacity less
than or equal to
50 lb/24 h;
includes
additional
instructions to
allow for testing
low-capacity
ACIMs.
Does not specify the ambient & Specifies that the Harmonizes with
water temperature and water harvested ice industry
pressure when harvesting ice to used to determine standard;
be used in determining the ice the ice hardness improves
hardness factor. factor must be representativenes
produced at the s, repeatability,
Standard Rating and
Conditions reproducibility.
presented in
section 5.1.2 of
AHRI Standard 810
(I-P)-2016 with
Addendum 1.
Does not specify where to Specifies that the Improves
measure the temperature of the temperature representativenes
ice block used to determine the measurement s, repeatability,
calorimeter constant. location must be and
at approximately reproducibility.
the geometric
center of the
block of ice and
that any liquid
water on the
block of ice must
be wiped off the
surface prior to
placement in the
calorimeter.

[[Page 65859]]

Capacity measurements begin All cycles or Clarifies industry
after the unit has been samples used for test procedure
stabilized. the capacity test (``TP'') to
must meet the reduce test
stability burden while
criteria. maintaining
representative
results;
harmonize with
industry
standard.
Continuous ACIMs shall be Continuous ACIMs Harmonizes with
considered stabilized when the shall be industry TP
weights of three consecutive considered update.
14.4-minute samples taken stabilized when
within a 1.5-hour period do not the weights of
vary by more than <plus-minus>2 two consecutive
percent. 15.0 min <plus-
minus> 2.5 s
samples having no
more than 5
minutes between
the end of a
sample and the
start of the next
sample do not
vary more than
<plus-minus>2
percent or 0.055
pounds, whichever
is greater.
Does not specify relative Adds an average Improves
humidity test condition. minimum relative representativenes
humidity test s, repeatability,
condition of 30.0 and
percent. reproducibility.
Use of baffles and purge setting Incorporates Improves
addressed in guidance.. existing guidance representativenes
into the test s, repeatability,
procedure; allows and
for an alternate reproducibility.
ambient
measurement
location instead
of shielding the
thermocouple and
for rear
clearances which
are less than the
required inlet
measurement
distance.
ACIMs shall be tested with a ACIMs shall be Improves
clearance of 18 inches on all tested according representativenes
four sides. to the s, repeatability,
manufacturer's and
specified minimum reproducibility
rear clearances and updates
requirements, or certain
3 feet from the requirements to
rear of the harmonize with
ACIMs, whichever industry
is less; all standard.
other sides of
the ACIMs and all
sides of the
remote
condensers, if
applicable, shall
be tested with a
minimum clearance
of 3 feet or the
minimum clearance
specified by the
manufacturer,
whichever is
greater.
Does not specify use of weighted/ Specifies that Improves
unweighted sensors to measure unweighted representativenes
ambient temperature. sensors shall be s, repeatability,
used for all and
ambient reproducibility.
temperature
measurements.
Does not specify how to measure Specifies that the Improves
water inlet pressure water pressure representativenes
requirements. shall be measured s, repeatability,
within 8 inches and
of the ACIM and reproducibility.
within the
allowable range
within 5 seconds
of water flowing
into the ACIM.
Does not specify how to collect Provides In response to
capacity samples for ACIMs with instruction to waiver.
dispensers. test certain
ACIMs with an
automatic
dispenser with an
empty internal
bin at the start
of the test and
to allow for the
continuous
production and
dispensing of
ice, with samples
collected from
the dispenser
through a conduit
connected to an
external bin one-
half full of ice.
Does not specifically reference Includes voluntary Harmonizes with
potable water usage. reference to industry
potable water use standard;
in 10 CFR 431.134 improves
based on AHRI representativenes
Standard 810 (I- s, repeatability,
P)-2016 with and
Addendum 1. reproducibility.
Rounds energy use in multiples Rounds energy use Harmonizes with
of 0.1 kWh/100 lb and harvest in multiples of latest industry
rate to the nearest 1 lb/24 h. 0.01 kWh/100 lb; standard;
rounds harvest improves
rate to the representativenes
nearest 0.1 lb/24 s, repeatability,
h for ACIMs with and
harvest rates of reproducibility.
50 lb/24 h or
less.
Does not specify if intermediate Clarifies that the Improves
values used in calculations calculations of representativenes
should be rounded. intermediate s, repeatability,
values be and
performed with reproducibility.
raw measured data
and only the
final results be
rounded;
clarifies that
the energy use,
condenser water
use, and potable
water use (if
voluntarily
measured) be
calculated by
averaging the
calculated values
for the three
measured samples
for each
respective metric.
Does not specify how to Specifies that the Improves
calculate the percent percent representativenes
difference between two difference s, repeatability,
measurements. between two and
measurements be reproducibility.
calculated by
taking the
absolute
difference
between two
measurements and
divide by the
average of the
two measurements.
References ``maximum energy Removes Improves clarity.
use'' and ``maximum condenser ``maximum'' from
water use'' at 10 CFR 429.45, the referenced
no reference to water use in terms; adds
sampling plan. reference to
condenser water
use in sampling
plan.
Defines ``maximum condenser Modifies the term Improves clarity.
water use'' at 10 CFR 431.132. and definition of
``maximum
condenser water
use'' to instead
refer to the term
``condenser water
use''.
Defines ``cube type ice'' at 10 Removes ``cube Improves clarity.
CFR 431.132. type ice'' from
10 CFR 431.132;
removes reference
to cube type ice
in the definition
of ``batch type
ice maker''.
Does not specify how the The represented Improves
represented value of harvest value of harvest representativenes
rate for each basic model rate for the s, repeatability,
should be determined based on basic model is and
the test sample. determined as the reproducibility.
mean of the
harvest rate for
each tested unit.

[[Page 65860]]

Does not specify rounding Specifies that Improves
requirements for represented represented representativenes
values in 10 CFR 429.45. values determined s, repeatability,
in 10 CFR 429.45 and
must be rounded reproducibility.
consistent with
the test
procedure
rounding
instructions,
upon the
compliance date
of any amended
standards.
No equipment-specific The certified Improves clarity.
enforcement provisions. harvest rate will
be considered for
determination of
the energy
consumption and
condenser water
use levels only
if the average
measured harvest
rate is within
five percent of
the certified
harvest rate,
otherwise the
measured harvest
rate will be used
to determine the
applicable
standards.
------------------------------------------------------------------------

DOE has determined that while the amendments will introduce
additional test requirements compared to the current approach, any
impact to the measured efficiency of certified ACIMs is expected to be
de minimis. For low-capacity ACIMs newly added within scope of the test
procedure, testing according to the amended test procedure for purposes
of certifications of compliance will not be required until the
compliance date of any energy conservation standards for that
equipment. However, if a manufacturer chooses to make representations
of the energy efficiency or energy use of a low-capacity ACIM,
beginning 360 days after publication of the final rule in the Federal
Register, the manufacturer will be required to base such
representations on the DOE test procedure. (42 U.S.C. 6314(d)(1)) While
DOE does not expect that manufacturers will incur additional cost as a
result of the amended test procedure, DOE provides a discussion of
testing costs in section III.F.1 of this final rule. DOE has also
determined that the amended test procedure will not be unduly
burdensome to conduct. Discussion of DOE's amendments are addressed in
detail in section III of this final rule.
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 by testing in accordance with the amended test procedures
beginning 360 days after the publication of this final rule.

III. Discussion

In the following sections, DOE describes the amendments to the test
procedures for ACIMs. This reflects DOE's review of the updates to the
referenced industry test procedures, the comments received in response
to the March 2019 RFI and the December 2021 NOPR, and other relevant
information.

A. Scope

DOE defines automatic commercial ice maker as a factory-made
assembly (not necessarily shipped in 1 package) that: (1) consists of a
condensing unit and ice-making section operating as an integrated unit,
with means for making and harvesting ice and (2) may include means for
storing ice, dispensing ice, or storing and dispensing ice. 10 CFR
431.132 (see also, 42 U.S.C. 6311(19)) The current DOE test procedure
for ACIMs applies to both batch type and continuous type ice makers \5\
with harvest rates between 50 and 4,000 lb/24 h. DOE further subdivides
the batch type and continuous type equipment ACIM categories into
several distinct equipment classes based on the equipment
configuration, condenser cooling method, and harvest rate in pounds per
24 hours (lb/24 h), as shown in Table III.1. See also, 10 CFR
431.136(c) and (d). ACIM configurations include ice-making heads,
remote condensing equipment (both with and without a remote
compressor), and self-contained equipment. Ice-making heads and self-
contained equipment can be either air- or water-cooled; however, DOE
prescribes standards only for remote condensing equipment that are air-
cooled. Self-contained ACIMs include a means for storing ice, while
ice-making heads and remote condensing equipment are typically paired
with separate ice storage bins. At 10 CFR 431.132, DOE defines these
configurations, as well as several metrics related to ACIMs.
---------------------------------------------------------------------------

\5\ A batch type ice maker is defined as an ice maker that has
alternate freezing and harvesting periods, including ACIMs that
produce cube type ice and other batch technologies. 10 CFR 431.132.
Batch type ice makers also produce tube type ice and fragmented ice.
A continuous type ice maker is defined as an ice maker that
continually freezes and harvests ice at the same time. Id.
Continuous type ice makers primarily produce flake and nugget ice.

Table III.1--Summary of ACIM Equipment Classes
----------------------------------------------------------------------------------------------------------------
Equipment configuration Condenser cooling fluid Ice-making mechanism Harvest rate (lb/24 h)
----------------------------------------------------------------------------------------------------------------
Ice-Making Head...................... Water.................. Batch.................. <300.
>=300 and <850.
>=850 and <1,500.
>=1,500 and <2,500.
>=2,500 and <4,000.
Continuous............. <801.
>=801 and >2,500.
>=2,500 and >4,000.
Air.................... Batch.................. <300.
>=300 and >800.
>=800 and <1,500.
>=1,500 and <4,000.
Continuous............. <310.

[[Page 65861]]

>=310 and >820.
>=820 and <4,000.
Remote-Condensing (but not remote Air.................... Batch.................. <988.
compressor). >=988 and <4,000.
Continuous............. <800.
>=800 and <4,000.
Remote-Condensing and Remote Air.................... Batch.................. <930.
Compressor. >=930 and <4,000.
Continuous............. <800.
>=800 and <4,000.
Self-Contained....................... Water.................. Batch.................. <200.
>=200 and <2,500.
>=2,500 and <4,000.
Continuous............. <900.
>=900 and <2,500.
>=2,500 and <4,000.
Air.................... Batch.................. <110.
>=110 and <200.
>=200 and <4,000.
Continuous............. <200.
>=200 and <700.
>=700 and <4,000.
----------------------------------------------------------------------------------------------------------------

The regulatory and statutory definitions of ACIM are not limited by
harvest rate (i.e., capacity). (See 10 CFR 431.132 and 42 U.S.C.
6311(19), respectively) However, the scope of DOE's test procedure is
limited explicitly to ACIMs with capacities between 50 and 4,000 lb/24
h. 10 CFR 431.134(a). DOE is aware of ACIMs available in the market
with harvest rates less than or equal to 50 lb/24 h (hereafter referred
to as ``low-capacity ACIMs'').
DOE had previously considered test procedures for low-capacity
ACIMs in a December 16, 2014, NOPR for test procedures for
miscellaneous refrigeration products (``MREFs''). 79 FR 74894
(``December 2014 MREF Test Procedure NOPR'').\6\ In a supplemental
notice of proposed determination regarding miscellaneous refrigeration
products coverage, DOE noted that a working group established to
consider test procedures and standards for miscellaneous refrigeration
products made two observations: (1) ice makers are fundamentally
different from the other product categories considered as miscellaneous
refrigeration products; and (2) ice makers are covered as commercial
equipment and there is no clear differentiation between consumer and
commercial ice makers. 81 FR 11454, 11456 (Mar. 4, 2016). In a 2016
final rule, DOE determined that ice makers were significantly different
from the other product categories considered, and ice makers were not
included in the scope of coverage or test procedure for miscellaneous
refrigeration products. 81 FR 46773 (July 18, 2016).
---------------------------------------------------------------------------

\6\ Available at <a href="http://www.regulations.gov/document?D=EERE-2013-BT-TP-0029-0011">www.regulations.gov/document?D=EERE-2013-BT-TP-0029-0011</a>.
---------------------------------------------------------------------------

As discussed, EPCA defines ``covered equipment'' to include certain
types of ``industrial equipment,'' including automatic commercial ice
makers. 42 U.S.C. 6311(1). EPCA defines ``industrial equipment'' to
mean equipment, including automatic commercial ice makers, (1) which in
operation consumes, or is designed to consume, energy, (2) which, to
any significant extent, is distributed in commerce for industrial or
commercial use; and (3) which is not a ``covered product'' as defined
in 42 U.S.C. 6291(a)(2), other than a component of a covered product
with respect to which there is in effect a determination under 42
U.S.C. 6312(c); without regard to whether such article is in fact
distributed in commerce for industrial or commercial use. 42 U.S.C.
6311(2).
As discussed, the regulatory and statutory definitions of ACIM are
not limited by harvest rate (see 10 CFR 431.132 and 42 U.S.C. 6311(19),
respectively) and low-capacity ACIMs are not a covered product as
defined in 42 U.S.C. 6291-6292. DOE has determined that low-capacity
ACIMs are, to a significant extent, distributed in commerce for
commercial use. DOE reviewed the low-capacity ACIM market and found
that manufacturers specifically market certain low-capacity ACIMs for
commercial use and/or using commercial air and water ambient rating
conditions (i.e., 90 [deg]F air temperature and 70 [deg]F water
temperature which are the same air and water ambient rating conditions
used in DOE's test procedures for ACIMs currently prescribed at 10 CFR
431.134) \7\ and distributors sell low-capacity ACIMs for commercial
use.\8\ As such, notwithstanding that low-capacity ACIMs may also be
distributed in commerce for personal use or consumption by individuals,
low-capacity ACIMs meet the definition of ``industrial equipment'' and
therefore are covered under the EPCA definition of ``covered
equipment.''
---------------------------------------------------------------------------

\7\ See <a href="http://www.scotsman-ice.com/service/Specs%20Sheets/2017/SIS-SS-CU0415_0117%20LR.pdf">www.scotsman-ice.com/service/Specs%20Sheets/2017/SIS-SS-CU0415_0117%20LR.pdf</a>, <a href="http://www.hoshizaki.com/docs/color-specs/AM-50BAJ-">http://www.hoshizaki.com/docs/color-specs/AM-50BAJ-</a>(AD)DS.pdf, <a href="http://www.hoshizaki.com/docs/color-specs/IM-50BAA-Q.pdf">http://www.hoshizaki.com/docs/color-specs/IM-50BAA-Q.pdf</a>, <a href="http://www.hoshizaki.com/docs/color-specs/C-80BAJ-">http://www.hoshizaki.com/docs/color-specs/C-80BAJ-</a>
(AD)DS.pdf, <a href="https://www.manitowocice.com/asset/?id=qsoqru&regions=us&prefLang=en">https://www.manitowocice.com/asset/?id=qsoqru&regions=us&prefLang=en</a>, <a href="https://www.scotsman-ice.com/service/Specs%20Sheets/2018/SIS-SS-CU-CU50_0118%20LR.pdf">https://www.scotsman-ice.com/service/Specs%20Sheets/2018/SIS-SS-CU-CU50_0118%20LR.pdf</a>, <a href="https://iom-stage.azurewebsites.net/getattachment/b06fdb7c-aaaa-4e5b-b5a6-b091e657a0d3/UCG060A-Spec-Sheet">https://iom-stage.azurewebsites.net/getattachment/b06fdb7c-aaaa-4e5b-b5a6-b091e657a0d3/UCG060A-Spec-Sheet</a>, and <a href="https://www.summitappliance.com/catalog/model/BIM44GCSS">https://www.summitappliance.com/catalog/model/BIM44GCSS</a>.
\8\ See <a href="http://www.katom.com/cat/countertop-ice-makers.html?brand=Danby">www.katom.com/cat/countertop-ice-makers.html?brand=Danby</a>, <a href="https://www.katom.com/cat/undercounter-ice-makers.html?suggested_use=Commercial&production_range_lb%2Fday=1%20-%2099%20lbs">https://www.katom.com/cat/undercounter-ice-makers.html?suggested_use=Commercial&production_range_lb%2Fday=1%20-%2099%20lbs</a>, <a href="https://www.ckitchen.com/313767/ice-machine-with-bin.html?filter=type-of-cooling:air-cooled">https://www.ckitchen.com/313767/ice-machine-with-bin.html?filter=type-of-cooling:air-cooled</a>;4-hr-production:10-50lbs,
https://www.webstaurantstore.com/13283/undercounter-ice-
machines.html?filter=24-hour-ice-yield:38~102-pounds, and
<a href="http://www.staples.com/ice+maker/directory_ice%2520maker">www.staples.com/ice+maker/directory_ice%2520maker</a>.
---------------------------------------------------------------------------

In the December 2014 MREF Test Procedure NOPR, DOE stated it is
aware that manufacturers are using the DOE ACIM test procedure to
represent the energy use of consumer ice makers (i.e.,

[[Page 65862]]

low-capacity ACIMs). 79 FR 74894, 74916. DOE also stated that it is
unaware of any test procedure that has been specifically developed for
consumer ice makers (i.e., low-capacity ACIMs). Id.
In the December 2021 NOPR, DOE proposed a test procedure for low-
capacity ACIMs and requested comment on the proposal to include test
procedure provisions for low-capacity ACIMs within the scope of the
ACIM test procedure. 86 FR 72322,72328.
In response to the December 2021 NOPR, the Joint Commenters
responded that there are many low-capacity models on the market, and
these units currently are not subject to DOE efficiency standards or
test procedures. (Joint Commenters, No. 15, p. 1)
The CA IOUs and the Joint Commenters expressed support for DOE's
proposal to include ACIMs with daily harvest rates below 50 lb/day into
the scope of the test procedure, with the Joint Commenters adding that
this will ensure any manufacturer claims about capacity and efficiency
will be based on standardized test procedures to help purchasers make
informed choices. (CA IOUs, No. 16, p. 1; Joint Commenters, No. 15, p.
1)
The CA IOUs stated that they believe extending the scope of the
test procedure to low-capacity ice makers is a reasonable first step to
a future rulemaking to set minimum energy efficiency standards for
these low-capacity ACIM units. (CA IOUs, No. 16, p. 1)
Hoshizaki and AHRI stated that they do not agree with adding
provisions for low-capacity ACIMs. (Hoshizaki, No. 14, p. 1; AHRI, No.
13, p. 2) AHAM stated that they do not agree with adding provisions for
low-capacity ACIMs to the extent that they include consumer or
residential ice makers. (AHAM, No. 18, p. 2) IOM stated that it
supports the goal of developing an industry standard to allow for the
consistent testing of low-capacity ACIMs.. (IOM, No. 11, p. 1) However,
IOM, AHRI, and Hoshizaki stated that such a standard should be
developed by an industry organization (ASHRAE 29 or AHRI 810) to
determine proper methodology for consistent testing. (IOM, No. 11, p.
1; AHRI, No. 13, p. 2; Hoshizaki, No. 14, p. 1)
AHAM stated that DOE first examined establishing coverage for
consumer stand-alone ice makers as part of the rulemaking to establish
coverage for miscellaneous refrigeration products. (AHAM, No. 18, p. 2)
AHAM noted that, per the recommendation of an Appliance Standards
Rulemaking Advisory Committee (ASRAC) working group and its agreed-upon
term sheet, DOE declined to cover consumer stand-alone ice makers as
part of that rulemaking with the stated reasoning that those products
were too different from the other products over which DOE was proposing
to establish coverage under the miscellaneous refrigeration product
category. Id. AHAM noted that the ASRAC stakeholders never suggested or
determined that the difference between stand-alone small capacity ice
makers and other miscellaneous refrigeration products was that ice
makers were commercial equipment. (AHAM, No. 18, p. 3)
AHAM stated that consumer stand-alone ice makers are not automatic
commercial ice makers. Id. AHAM stated that Congress intended to
include only commercial products under the scope of ``automatic
commercial ice makers'' as demonstrated by the word ``commercial'' and
did not intend to cover residential/consumer products. Id. AHAM stated
that, in EPCA, automatic commercial ice makers are included in 42
U.S.C. Part A-1 for ``Certain Industrial Equipment'', not Part A, which
is for ``Consumer Products other than Automobiles''. Id. AHAM stated
that automatic commercial ice makers fall under the EPCA definition of
``covered equipment'' which means that, as a threshold matter, it is a
type of ``industrial equipment''. Id. AHAM commented that DOE's
guidance states that ``consumer products and industrial equipment are
mutually exclusive categories. An appliance model can only be
considered commercial under the Act if it does not fit the definition
of `consumer product' ''.\9\ (AHAM, No. 18, p. 4) AHAM states that
stand-alone ice makers that are capable of making 50 pounds per day or
less more squarely fit under DOE's definition of a consumer product and
that residential ice makers that fit under the counter or on the
countertop are regularly distributed in commerce for personal use or
consumption by individuals. (AHAM, No. 18, p. 3)
---------------------------------------------------------------------------

\9\ See <a href="https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf">https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf</a>.
---------------------------------------------------------------------------

AHAM commented that there are several distinguishing design
features or characteristics of stand-alone or under-counter ice makers
with low capacities including: space constraints, ice quality (i.e.,
clear, cubed ice or nugget type ice), countertop designs (portable ice
makers only), lack of connection to the water supply (portable ice
makers only), infrequent and low ice usage, different durability
requirements, different sanitary considerations, lack of requirement
for National Sanitation Foundation (``NSF'') certifications/listings,
different manufacturer warranties, and different safety standards
(i.e., Underwriters' Laboratories (``UL'') 60335-2-89, Particular
Requirements for Commercial Refrigerating Appliances and Ice makers
with an Incorporated or Remote Refrigerant Unit or Motor-Compressor and
UL 60335-2-24, Particular Requirements for Refrigerating Appliances,
Ice-Cream Appliances, and Ice Makers). (AHAM, No. 18, p. 4-6)
Hoshizaki commented that repeatability is key with low-production
models where one cube or chunk could cause the test to be out of
tolerance. (Hoshizaki, No. 14, p. 1) Hoshizaki stated that a very low-
production machine could have 31% stability swings and could prove
impossible to meet the stability threshold in the ASHRAE 29 test. Id.
In the December 2021 NOPR, DOE also requested comment on whether
there are any industry test procedures for testing and rating low-
capacity ACIMs, specifically asking about features specific to low-
capacity ACIMs that might need addressed to produce results
representative of an average use cycle. 86 FR 72322,72328.
Hoshizaki, AHRI, and AHAM commented they are not aware of any test
procedures for low-capacity ice makers. (Hoshizaki, No. 14, p. 1; AHRI,
No. 13, p. 2; AHAM, No. 18, p. 8) AHRI and Hoshizaki added that a study
would be needed to determine a repeatable process to accurately
represent ice capacity and energy use. Id. AHRI recommended DOE bring
this to the ASHRAE Standard Project Committee (``SPC'') 29 for
consideration. (AHRI, No. 13, p. 2)
As stated in the December 2021 NOPR, the energy performance of low-
capacity ACIMs are typically either not specified or based on the
existing ACIM industry test procedures. 86 FR 72322,72328. However, the
lack of a DOE test procedure could allow for manufacturers to make
performance claims using other unknown test procedures, which could
result in inconsistent ratings from model to model. Id.
DOE is still unaware of an industry test procedure for testing and
rating low-capacity ACIMs. Manufacturers continue to use the DOE ACIM
test procedure to represent the energy use of low-capacity ACIMs or do
not specify the energy use. DOE acknowledges the comments regarding
including low-capacity ACIMs within scope of industry test standards
and will consider any updated industry test

[[Page 65863]]

standards, if available, during future ACIM test procedure rulemakings.
DOE discusses stability requirements for low-capacity ACIMs in
section III.D.1 of this final rule.
In response to AHAM's comments regarding low-capacity ACIMs, as
previously stated, EPCA defines ``industrial equipment'' to mean
equipment (1) which in operation consumes, or is designed to consume,
energy, (2) which, to any significant extent, is distributed in
commerce for industrial or commercial use; and (3) which is not a
``covered product'' as defined in 42 U.S.C. 6291(a)(2), other than a
component of a covered product with respect to which there is in effect
a determination under 42 U.S.C. 6312(c); without regard to whether such
article is in fact distributed in commerce for industrial or commercial
use. 42 U.S.C. 6311(2). DOE has determined that low-capacity ACIMs (1)
consume energy; (2) are, to a significant extent, distributed in
commerce for commercial use; and (3) are not covered products. As such,
notwithstanding that low-capacity ACIMs may also be distributed in
commerce for personal use or consumption by individuals, low-capacity
ACIMs meet the definition of ``industrial equipment'' and therefore are
covered under the EPCA definition of ``covered equipment.'' DOE has
determined that establishing a test procedure for low-capacity ACIMs
will allow purchasers to make more informed decisions regarding the
performance of low-capacity ACIMs. DOE is amending the scope of the
ACIM test procedure to include all automatic commercial ice makers with
capacities up to 4,000 lb/24 h (i.e., to include within the scope of
the test procedure, low-capacity ACIMs with a harvest rate less than 50
lb/24 h). Under the amended test procedure, were a manufacturer to
choose to make representations of the energy efficiency or energy use
of a low-capacity ACIM, beginning 360 days after publication of the
final rule in the Federal Register, manufacturers would be required to
base such representations on the DOE test procedure. (42 U.S.C.
6314(d)(1))

B. Definitions

As noted, 10 CFR 431.132 provides definitions concerning ACIMs. DOE
adds new definitions to support test procedure amendments elsewhere in
this document, as discussed in the following paragraphs.
1. Refrigerated Storage ACIM
Typical self-contained ACIMs have an ice storage bin that is
insulated but provides no active refrigeration. As a result, the ice
melts at a certain rate and the ice maker must periodically replenish
the melted ice. Conversely, some self-contained low-capacity ACIMs
feature a refrigerated storage bin that prevents melting of the stored
ice. Because of the additional refrigeration system components, ACIMs
with a refrigerated storage bin (i.e., refrigerated storage ACIMs) have
different energy use characteristics than ACIMs without refrigerated
storage.
In the December 2021 NOPR, DOE proposed to define ``refrigerated
storage automatic commercial ice maker'' as an automatic commercial ice
maker that has a refrigeration system that actively refrigerates the
self-contained storage bin in 10 CFR 431.132 for refrigerated storage
ACIMs. 86 FR 72322, 72328.
In the December 2021 NOPR, DOE requested comment on the proposed
definitions for refrigerated storage automatic commercial ice maker. 86
FR 72322, 72328.
In response to the December 2021 NOPR, Hoshizaki commented that it
is not aware of any standard, self-contained refrigerated storage
commercial ice makers. (Hoshizaki, No. 14, p. 1)
AHRI commented it was unable to categorize this equipment class
with the information provided and would appreciate clarification on
this equipment class and the desired intent behind its potential
inclusion. (AHRI, No. 13, p. 2) Hoshizaki additionally requested
examples of this product, and requested that this be addressed in AHRI
810 and ASHRAE 29 for definition. (Hoshizaki, No. 14, p. 1)
As stated in the December 2021 NOPR, DOE included a definition of
refrigerated storage ACIMs to effectively differentiate refrigerated
storage ACIMs from ACIMs with unrefrigerated storage bins, and to
support the proposed test provisions for refrigerated storage ACIMs. 86
FR 72322, 72328. An example of a refrigerated storage ACIM is the
Whynter UIM-155.\10\ To clarify and provide more information on the
scope of the refrigerated storage ACIM definition, DOE has added
``ice'' to the definition to differentiate refrigerated storage ACIMs
from other refrigeration equipment that is not intended only for ice
storage, so the phrase at the end of the definition reads ``self-
contained ice storage bin''.
---------------------------------------------------------------------------

\10\ See <a href="http://www.whynter.com/product/uim-155/">www.whynter.com/product/uim-155/</a>.
---------------------------------------------------------------------------

DOE will consider any updated industry standards, if available,
during future ACIM test procedure rulemakings.
DOE is modifying the definition of refrigerated storage automatic
commercial ice maker in this final rule.
2. Portable ACIM
Some low-capacity ACIMs are ``portable'' and do not require
connection to water supply plumbing to operate. Instead, these units
contain a reservoir that the user manually fills with water prior to
operation and must refill when it becomes empty. In the December 2014
MREF Test Procedure NOPR, DOE proposed to define ``portable ice maker''
as an ice maker that does not require connection to a water supply and
instead has one or more reservoirs that would be manually supplied with
water. 79 FR 74894, 74916. DOE noted that the lack of a fixed water
connection and the small size of these units contribute to their
portability. Id. DOE did not receive comments on the proposed
definition for portable ice makers in response to the December 2014
MREF Test Procedure NOPR.
In the December 2021 NOPR, DOE proposed a definition for a portable
ice maker as proposed in the December 2014 MREF Test Procedure NOPR,
but with additional specification that ACIMs with an optional
connection to a water supply line would not be considered portable
ACIMs (i.e., a unit would be considered portable if the water supplied
to the unit is only via one or more reservoirs). 86 FR 72322, 72328.
DOE proposed to define ``portable automatic commercial ice maker'' as
an automatic commercial ice maker that does not have a means to connect
to a water supply line and has one or more reservoirs that are manually
supplied with water in 10 CFR 431.132. Id.
In the December 2021 NOPR, DOE requested comment on the proposed
definition for portable automatic commercial ice maker. Id.
In response to the December 2021 NOPR, AHRI commented that the
proposed definitions seemed reasonable. (AHRI, No. 13, p. 2-3) However,
Hoshizaki and AHRI requested that DOE work with AHRI and ASHRAE to add
this definition in both AHRI 810 and ASHRAE 29. (Hoshizaki, No. 14, p.
1-2; AHRI, No. 13, p. 2-3)
AHAM stated that portable ice makers are designed to fit on the
countertop and rely on a reservoir instead of being plumbed into the
water supply. (AHAM, No. 18, p.4)
The CA IOUs commented on two types of portable ACIMs: portable
drawer ice machines and portable bin ice machines. (CA IOUs, No. 16, p.
3)

[[Page 65864]]

The CA IOUs commented that portable drawer ice machines are designed
without a door, and the ice drops directly from the evaporator into a
drawer. Id. The CA IOUs stated that in this design, the user does not
have to open a door to access the drawer. Id. The CA IOUs commented
that portable bin ice machines are similar to traditional self-
contained machines where the evaporator is in the bin itself; however,
the evaporator uses a pipe trickle design to create semi-hollow or
gourmet ice. Id. The CA IOUs noted that water can be filled directly
into the evaporator in the portable bin ice machines, but both portable
drawer and portable bin low-capacity ice machine designs can reuse ice-
melt water to feed the evaporator. Id.
DOE notes that the proposed definition of portable automatic
commercial ice maker does not distinguish between portable ACIMs with
and without doors. DOE has also not identified any need to
differentiate between these portable ACIM configurations for the
purposes of testing. Therefore, all portable ACIMs would be included
under this definition and any further categorization of portable ACIM
equipment classes could be investigated in any energy conservation
standards rulemaking for portable ACIMs.
DOE is maintaining the definition of portable automatic commercial
ice maker in this final rule, consistent with the December 2021 NOPR.
3. Industry Standard Definitions
In addition to the definitions specified at 10 CFR 431.132, the
current DOE test procedure at 10 CFR 431.134 references section 3,
``Definitions'' of AHRI Standard 810-2007, which includes many of the
same terms DOE defines at 10 CFR 431.132 and 31.134. In the December
2021 NOPR, to avoid potential confusion regarding multiple definitions
of similar terms, DOE proposed to clarify in 10 CFR 431.134 that where
definitions in AHRI Standard 810 conflict with those in DOE's
regulations, the DOE definitions take precedence. 86 FR 72322, 72328-
72329.
AHRI Standard 810 (I-P)-2016 with Addendum 1 updated its definition
of ``Energy Consumption Rate'' to require expressing the rate in
multiples of 0.01 kWh/100 lb of ice. To maintain consistency with the
industry standard, DOE proposed to incorporate this same rounding
requirement in its definition of ``Energy use'' at 10 CFR 431.132
instead of the current requirement of multiples of 0.1 kWh/100 lb of
ice. 86 FR 72322, 72328.
AHRI Standard 810 (I-P)-2016 with Addendum 1 also deleted its
definition of ``Cubes Type Ice Maker'' and replaced it with a
definition of ``Batch Type Ice-Maker.'' 86 FR 72322, 72328. To be
consistent with this industry update, DOE proposed to remove the
reference to cubes type ice maker in the definition of ``batch type ice
maker'' in 10 CFR 431.132. Id. DOE also proposed to remove ``cube type
ice'' from the list of DOE definitions at 10 CFR 431.132, consistent
with the industry standard update. 86 FR 72322, 72329.
In the December 2021 NOPR, DOE requested comment on its proposal to
amend 10 CFR 431.132 to revise the previously described definitions,
consistent with updates to AHRI Standard 810 (I-P)-2016 with Addendum
1, additionally requesting feedback on the proposed clarification that
the DOE definitions take precedence over any conflicting industry
standard definitions. 86 FR 72322, 72329.
Hoshizaki agreed with this proposal, but requested that AHRI 810,
ASHRAE 29, and 10 CFR 431.132 definitions be consistent. (Hoshizaki,
No. 14, p. 2)
AHRI commented that the proposed definitions seemed reasonable, but
stated that this should go to ASHRAE SPC 29 and AHRI standard 810 for
consideration and inclusion. (AHRI, No. 13, p. 2-3)
DOE is amending 10 CFR 431.132 to revise the previously described
definitions in this final rule. These updates are consistent with
updates in the current industry standard AHRI Standard 810 (I-P)-2016
with Addendum 1. DOE is also maintaining in this final rule the
clarification that the DOE definitions take precedence over any
conflicting industry standard definitions, consistent with the December
2021 NOPR.
The following section discusses additional updates included in the
latest versions of the industry standards.

C. Industry Test Standards Incorporated by Reference

The existing DOE ACIM test procedure incorporates by reference AHRI
Standard 810-2007 and ASHRAE Standard 29-2009. 10 CFR 431.134(b). Since
publication of the January 11, 2012 test procedure final rule
(``January 2012 final rule''), both AHRI and ASHRAE have published new
versions of the referenced standards. 77 FR 1591. The most recent
versions are AHRI Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE
Standard 29-2015 (reaffirmed in 2018). DOE has reviewed the most recent
versions of both AHRI Standard 810 and ASHRAE Standard 29 and has
compared the updated versions of these industry standards to those
currently incorporated by reference in the ACIM test procedure.
The updates in ASHRAE Standard 29-2015 provide additional
specificity to several aspects of the test method. In general, these
updates increase the precision and improve the repeatability of the
test method, but do not fundamentally change the testing process,
conditions, or results. In addition, ASHRAE made several grammatical,
editorial, and formatting changes to improve the clarity of the test
method. DOE summarizes these changes in Table III.2.

Table III.2--Summary of Changes Between ASHRAE Standard 29-2009 and
ASRHAE Standard 29-2015
------------------------------------------------------------------------
ASHRAE standard ASHRAE standard 29-
Requirement 29-2009 2015
------------------------------------------------------------------------
Test Room Operations.......... None............. No changes to the
test room shall be
made during
operation of the ice
maker under test
that would impact
the vertical ambient
temperature gradient
or the ambient air
movement.
Temperature Measuring Accuracy of <plus- Accuracy and
Instruments. minus>1.0 [deg]F resolution of <plus-
and resolution minus>1.0 [deg]F;
of <=2.0 [deg]F. where accuracy
greater than <plus-
minus>1.0 [deg]F,
the resolution shall
be at least equal to
the accuracy
requirement.
Harvest Water Collection...... None............. Harvest water shall
be captured by a non-
perforated pan
located below the
perforated pan.
Ice Collection Container ``Perforated pan, Requirements
Specifications. bucket, or wire regarding water
basket'' and retention weight and
``non-perforated perforation size for
pan or bucket.'' perforated pans and
``solid surface''
for non-perforated
pans.
Pressure Measuring Instruments None............. Accuracy of and
resolution of <plus-
minus>2.0 percent of
the quantity
measured.
Sampling Rate................. None............. Maximum interval
between data samples
of 5 sec.

[[Page 65865]]

Supply Water Temperature and <plus-minus>1 <plus-minus>1 [deg]F
Pressure. [deg]F (water (water supply
supply temperature) and
temperature). ``within 8 in. of
the ice maker . . .
within the specified
range'' (water
pressure) during
water fill interval.
Inlet Air Temperature Measure a minimum Measure at a location
Measurement. of 2 places, geometrically center
centered 1 ft to the inlet area at
from the air a distance 1 ft from
inlet(s). each inlet.
Clearances.................... 18 inches on all 3 ft or the minimum
sides. clearance allowed by
the manufacturer,
whichever is
greater.
Stabilization Criteria........ Three consecutive Two consecutive 15.0
14.4 min samples min <plus-minus> 2.5
(continuous) sec samples taken
taken within a within 5 mins of
1.5 hr period or each other within 2
two consecutive percent or 0.055 lbs
batches (batch) (continuous) or
do not vary by calculated 24-hour
more than <plus- ice production rate
minus>2 percent. from two consecutive
batches within <plus-
minus>2 percent or
2.2 lb (batch).
Capacity Test Ice Collection.. Three consecutive Specifies that batch
14.4 min samples ice must be weighed
(continuous) or 30 <plus-minus> 2.5
batches (batch). sec after collection
and continuous ice
samples must be
within 5 mins of
each other.
Calorimetry Testing........... (1) Room (1) Room temperature
temperature is shall be within 65-
not specified. 75[deg]F during the
(2) To determine entire procedure.
the calorimeter (2) To determine the
constant, 30 lbs calorimeter
of water must be constant, add a
added.. quantity of water 5
(3) Rate of times the mass of
stirring is ice (see #4 below).
described as (3) Rate of stirring
``vigorously''.. is to be 1 <plus-
(4) To determine minus> 0.5
the calorimeter revolutions/second.
constant, 6 lbs (4) To determine the
of ice must be calorimeter
added.. constant, add a mass
(5) The block of of ice between 50-
ice is seasoned 200% of the rated
at room ice production for a
temperature. A period of 15 minutes
temperature of the ice maker to
measurement be tested, or 6 lbs,
location is not whichever is less.
specified for (5) The block of pure
the block of ice must reach an
ice.. equilibrium
(6) To determine temperature measured
the calorimeter by a thermocouple
constant, it is embedded in the
not explicitly interior of the
stated to block and free of
continue trapped water.
stirring for 15 (6) To determine the
minutes after calorimeter
the ice has constant, continue
melted.. stirring for 15
(7) The minutes after ice
calorimeter has disappeared.
constant shall (7) The calorimeter
be determined constant shall be
twice, at the determined, at a
beginning and at minimum, each time
the end of the the temperature
daily tests.. measuring and
(8) The weighting
calorimeter instruments are
constant shall calibrated or if
be no greater there is a change to
than 1.02.. the container or
stirring apparatus.
(8) The calorimeter
constant must be
within 1.0-1.02.
(9) To determine the
net cooling effect,
stir the water for
15 minutes prior to
the addition of the
harvested ice.
(10) Section 7.2.4
specifies that the
ice sample used for
calorimetry testing
shall be intercepted
using a non-
perforated
container, precooled
to ice temperature,
and collected from a
stabilized ice maker
over a time period
of 15 min or until 6
lbs has been
captured.
(9) To determine
the net cooling
effect, the
water must stand
in the
calorimeter for
1 min before
adding harvested
ice.
(10) Section
7.2.3 specifies
that the ice
sample used for
calorimetry
testing shall be
intercepted in a
manner similar
to that
prescribed in
section 7.2.2
(7.2.2 reads:
Record the
required data
(see section
8).), except
that the sample
size shall be
suitable for the
test..
Recorded Data................. Specifies 7 Specifies that
discrete ambient temperature
elements be gradient (at rest),
recorded. maximum air-
circulation velocity
(at rest), and water
pressure must also
be recorded.
------------------------------------------------------------------------

DOE also reviewed the updates to AHRI Standard 810 (I-P)-2016 with
Addendum 1 and identified the following revisions: new definitions for,
among others, ice hardness factor and potable water use rate; and an
updated rounding requirement for energy consumption rate (from 0.1
kilowatt hours per 100 pounds (``kWh/100 lb'') to 0.01 kWh/100 lb). The
changes to AHRI Standard 810 (I-P)-2016 with Addendum 1 are primarily
clerical in nature and provide greater consistency in the use of terms
and specific definitions for those terms.
DOE also compared the latest version of ASHRAE Standard 29-2015 to
the requirements in the current DOE test procedure in 10 CFR 431.134.
These test methods specify different conditions for calorimetry testing
of continuous ice makers. Specifically, the current DOE test procedure
requires an ambient air temperature of 70 <plus-minus> 1 [deg]F, with
an initial water temperature of 90 <plus-minus> 1 [deg]F. 10 CFR
431.134(b)(2)(ii). ASHRAE Standard 29-2015 states in appendix A3 that
room temperature shall be kept between 65 [deg]F and 75 [deg]F, and
that the water

[[Page 65866]]

temperature is 20 [deg]F <plus-minus> 1 [deg]F above room temperature.
In the December 2021 NOPR, DOE tentatively determined that the
current ambient and water condition requirements for calorimetry
testing in the DOE test procedure are appropriate because they provide
more precise and repeatable measurements than the tolerances described
in ASHRAE Standard 29-2015. 86 FR 72322, 72331. Additionally,
manufacturers have been meeting the requirements to maintain 70 [deg]F
<plus-minus> 1 [deg]F ambient air temperature and 90 [deg]F <plus-
minus> 1 [deg]F initial water temperature for calorimetry testing as
part of the current DOE test procedure in 10 CFR 431.134. The current
DOE test approach also is consistent with the industry test standard
requirements, i.e., a test performed at the DOE-required temperature
conditions meets the temperature conditions specified in ASHRAE
Standard 29-2015. Therefore, in the December 2021 NOPR, DOE did not
propose to amend the 70 [deg]F <plus-minus> 1 [deg]F ambient air
temperature and 90 [deg]F <plus-minus> 1 [deg]F initial water
temperature requirements for calorimetry testing. 86 FR 72322, 72331.
DOE proposed to explicitly provide that the harvested ice used to
determine the ice hardness factor be produced at the Standard Rating
Conditions specified in section 5.2.1 of AHRI Standard 810 (I-P)-2016
with Addendum 1. Id. These conditions are provided in the industry
standard, indicating that they are currently used by manufacturers and
therefore this clarification would not change how manufacturers test.
Additionally, added specificity may be needed to accurately
determine the calorimeter constant. DOE has found that the lack of
specificity as to the location of the temperature measurement of the
block of pure ice may lead to variation in the resulting calorimeter
constant. Therefore, in the December 2021 NOPR, DOE proposed to specify
that the block of pure ice, as specified in section A2.e of ASHRAE
Standard 29-2015, is measured by a thermocouple embedded at
approximately the geometric center of the interior of the block. 86 FR
72322, 72331. Furthermore, DOE proposed to specify that any liquid
water present on the block of ice must be wiped off the surface of the
block before placing the block into the calorimeter. Id.
In the December 2021 NOPR, DOE proposed to adopt by reference AHRI
Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015
(note that AHRI Standard 810 (I-P)-2016 with Addendum 1 refers to
ASHRAE Standard 29-2015 and not the 2018 re-affirmed version) as the
basis for DOE's ACIM test procedure, with additional proposed
provisions as specified in the December 2021 NOPR. 86 FR 72322, 72331.
In the December 2021 NOPR, DOE requested comment on its proposal to
maintain the current specifications for ambient air temperature and
initial water temperature for calorimetry testing. 86 FR 72322, 72331.
DOE additionally requested comment on its proposal to clarify that the
harvested ice used to determine the ice hardness factor be collected
from the ACIM under test at the Standard Rating Conditions specified in
section 5.2.1 of AHRI Standard 810 (I-P)-2016 with Addendum 1. Id.
In response to the December 2021 NOPR, Hoshizaki commented that it
does not agree with this change, and requested that any changes to the
test procedure be brought to the ASHRAE 29 standard committee for
clarification and acceptance. (Hoshizaki, No. 14, p. 2)
Similarly, AHRI commented that members are not opposed to this
change but note that such a change must follow the proper channels and
first be incorporated into the ASHRAE 29 method of test before being
adopted into federal regulation. (AHRI, No. 13, p. 3)
AHAM commented that requiring the ice sample to be used for
calorimetry testing be intercepted using a non-perforated container,
precooled to ice temperature is not necessary because the measurement
of ice sample weight is very quick (about five seconds) and will not
reduce the accuracy due to the ice sample melting or evaporating.
(AHAM, No. 18, p. 13) AHAM stated that this requirement does not add a
large burden, but it is an unnecessary burden. Id.
The test approach proposed in the December 2021 NOPR is consistent
with the industry test standard requirements and manufacturers have
been meeting the requirements to maintain 70 [deg]F <plus-minus> 1
[deg]F ambient air temperature and 90 [deg]F <plus-minus> 1 [deg]F
initial water temperature for calorimetry testing as part of the
current DOE test procedure in 10 CFR 431.134.
DOE is maintaining in this final rule the current specifications
for ambient air temperature and initial water temperature for
calorimetry testing and clarifying that the harvested ice used to
determine the ice hardness factor be collected from the ACIM under test
at the Standard Rating Conditions specified in section 5.2.1 of AHRI
Standard 810 (I-P)-2016 with Addendum 1.
Additionally, DOE requested comment on its proposal to clarify that
the temperature of the block of pure ice, as specified in section A2.e.
of ASHRAE Standard 29-2015, is measured by a thermocouple embedded at
approximately the geometric center of the interior of the block. 86 FR
72322, 72331. DOE also requested comment on its proposal to clarify
that any water that remains on the block of ice must be wiped off the
surface of the block before placing the ice into the calorimeter. Id.
In response to the December 2021 NOPR, Hoshizaki requested that any
clarification of wording in ASHRAE 29 be brought to the ASHRAE 29
standard committee for discussion and acceptance. (Hoshizaki, No. 14,
p. 2)
AHRI encouraged DOE to bring any requests for clarification or
interpretation to the proper industry working groups for consideration,
since consistency and repeatability are of utmost importance to ensure
that all original equipment manufacturers (``OEMs'') and testing bodies
address these provisions in a constant manner. (AHRI, No. 13, p. 3)
The test approach proposed in the December 2021 NOPR is consistent
with the industry test standard requirements and would limit variation
in determining the calorimeter constant. Therefore, DOE is maintaining
these clarifications in this final rule, consistent with the December
2021 NOPR.
Additionally, DOE requested comment on its proposal to adopt by
reference AHRI Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE
Standard 29-2015, except for the provisions for calorimetry testing as
discussed previously, for all ACIMs. 86 FR 72322, 72331.
Hoshizaki and AHRI agreed to the adoption of AHRI Standard 810 (I-
P)-2016 with Addendum 1 and ASHRAE 29-2015. (Hoshizaki, No. 14, p. 2;
AHRI, No. 13, p. 3) However, Hoshizaki supports adoption of the
standards in their entirety with no exceptions, otherwise there is a
risk that changes not reflected in the standards will not be realized
by testers. (Hoshizaki, No. 14, p. 2) Hoshizaki and AHRI requested that
any proposed changes be brought before the relevant standard committees
for discussion and acceptance. (Hoshizaki, No. 14, p. 2)
DOE is adopting by reference AHRI Standard 810 (I-P)-2016 with
Addendum 1 and ASHRAE Standard 29-2015, except for the additional
amendments as specified in this final rule. DOE has determined that the
additional amendments are consistent with the test requirements in the
industry standards but provide added specificity to limit variation in
testing. These modifications are consistent with section 8(c) of 10 CFR
part 430, subpart

[[Page 65867]]

C, appendix A (the ``Process Rule''), applicable to ACIMs under 10 CFR
431.4, which states that DOE may adopt industry test procedure
standards with modifications, or craft its own procedures as necessary
to ensure compatibility with the relevant statutory requirements, as
well as DOE's compliance, certification, and enforcement requirements.
Additional modifications to the industry standard test methods are
discussed in the following sections.

D. Additional Amendments

As part of this rulemaking, DOE conducted testing to identify
whether ASHRAE Standard 29-2015 and AHRI Standard 810 (I-P)-2016 with
Addendum 1 could potentially benefit from additional detail and to
investigate topics discussed in the March 2019 RFI and December 2021
NOPR. The testing and initial findings are discussed along with any
corresponding amendments in the following sections.
1. Low-Capacity ACIMs
DOE examined the comments received in response to the December 2014
MREF Test Procedure NOPR to consider what test method would be
appropriate for low-capacity ACIMs. During the December 2014 MREF Test
Procedure NOPR public meeting, True Manufacturing commented that there
are very few differences between ice makers with harvest rates less
than 50 lb/24 h and those with harvest rates greater than 50 lb/24 h.
(Public Meeting Transcript, No. EERE-2013-BT-TP-0029-0014 at p. 31)
Hoshizaki commented in response to the December 2014 MREF Test
Procedure NOPR that the ASHRAE 29 test needs to be evaluated for
accuracy for units that make less than 50 lb/24 h, as they are outside
the listed scope of the standard. (Hoshizaki, No. EERE-2013-BT-TP-0029-
0011 at p. 1)
In the December 2021 NOPR, DOE evaluated the provisions in its
existing ACIM test procedure to determine if any modifications are
necessary to ensure the proposed test method would provide
representative and repeatable measures of performance for low-capacity
ACIMs and would not be unduly burdensome to conduct. 86 FR 72322,
72331. DOE also evaluated the provisions in AHRI Standard 810 (I-P)-
2016 with Addendum 1 and ASHRAE Standard 29-2015 to determine their
applicability to low-capacity ACIMs. Id. During investigative testing
of batch type low-capacity ACIMs, DOE observed that the ice collection
container requirements in section 5.5.2(a) of ASHRAE Standard 29-2015
may not be appropriate for this equipment. Section 5.5.2(a) requires
that the collection container have a water retention weight that is no
more than 1.0 percent of that of the smallest batch of ice for which
the container is used. For low-capacity batch type ACIMs, the weight of
ice in each batch is significantly lower than for other higher capacity
ACIMs. Accordingly, 1.0 percent of an individual batch represents a
very small weight for low-capacity ACIMs. For example, one such low-
capacity ACIM has a typical batch weight of 0.087 pounds; 1.0 percent
of that would be 0.00087 pounds, the equivalent of 0.080 teaspoons of
water. The water retention weight of a typical very small collection
container is approximately 0.0030 pounds. DOE was not able to identify
collection containers that would meet this threshold for the low-
capacity ACIMs with the lowest batch weights.
From its test sample, DOE determined that a water retention weight
of no more than 4.0 percent would allow for testing low-capacity ACIMs
with the lowest batch weights with a typical collection container.
Accordingly, in the December 2021 NOPR, DOE proposed that the water
retention requirement in section 5.5.2(a) not apply to batch type low-
capacity ACIMs, and instead to require a water retention weight of no
more than 4.0 percent of the smallest batch of ice for which the
container is used. 86 FR 72322, 72332.
During the January 24, 2022, webinar to discuss the December 2021
NOPR, AHRI commented that the water retention weight requirement for
low-capacity ACIMs and DOE's test data should be considered by the
method of test committee (e.g., ASHRAE 29). (AHRI, January 24, 2022,
webinar to discuss the December 2021 NOPR \11\)
---------------------------------------------------------------------------

\11\ See pages 19-20; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

DOE will consider any updated industry standards, if available,
during future ACIM test procedure rulemakings.
DOE is maintaining that the water retention requirement in section
5.5.2(a) of ASHRAE Standard 29-2015 not apply to batch type low-
capacity ACIMs, and instead to require a water retention weight of no
more than 4.0 percent of the smallest batch of ice for which the
container is used, consistent with the December 2021 NOPR.
a. Portable ACIMs
For portable ACIMs, DOE has determined that some provisions for
measuring and maintaining inlet water conditions in ASHRAE Standard 29-
2015 are not appropriate: i.e., sections 5.4, 5.6, 6.2, and 6.3. These
sections include instrument specifications, test conditions, and
measurement instructions regarding inlet water flow, pressure, and
temperature. These sections are not applicable to portable ACIMs
because such equipment does not have a fixed water connection, and
therefore the conditions in these sections would not provide
representative conditions for portable ACIMs. Portable ACIMs instead
require that the fill reservoir be manually filled with a maximum
volume of water that is recommended by the manufacturer.
To determine typical operation and the corresponding need for
additional test procedure instructions regarding the water supply for
portable ACIMs, DOE conducted tests on portable ACIMs according to the
requirements of AHRI Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE
Standard 29-2015, except for sections 5.4, 5.6, 6.2, and 6.3 of ASHRAE
Standard 29-2015. From this testing, DOE has determined that additional
instructions are needed regarding supply water characteristics and
filling the water reservoirs in portable ACIMs.
Section 5.2.1 of AHRI Standard 810 (I-P)-2016 with Addendum 1
specifies an inlet water temperature of 70.0 [deg]F for ACIM testing.
Because portable ACIMs do not have a continuous water supply, the water
filled in the water reservoir is not maintained at a constant
temperature; the temperature may change after the initial fill based on
heat transfer with the ambient air and the other components of the
ACIM. Accordingly, DOE has determined that specifying only the initial
fill temperature of the water supplied to the reservoir is most
representative of typical use. In the December 2021 NOPR, DOE proposed
to establish the initial water temperature in a separate external
container before transferring the water to the water reservoir. 86 FR
72322, 72332. In DOE's experience, using an external container to
establish and verify the initial water temperature is significantly
less burdensome than measuring and adjusting the water temperature
within the water reservoir itself. Therefore, in the December 2021
NOPR, DOE proposed that the initial water temperature condition be
established in an external container and verified by inserting a
temperature sensor into approximately the geometric center of the water
in the external container. 86 FR 72322, 72332. The initial water
temperature would be defined as 70 [deg]F <plus-minus> 1.0 [deg]F,
consistent with the condition as specified in section 5.2.1 of AHRI
Standard 810 (I-P)-2016 with Addendum 1 and the tolerance as

[[Page 65868]]

specified in section 6.2 of ASHRAE Standard 29-2015. Id.
Portable ACIM users may have an option of filling the reservoirs to
varying levels. To determine the appropriate fill level for testing,
DOE reviewed operating instructions for portable ACIMs available from a
range of manufacturers. DOE observed that the operating instructions
typically instruct the user to fill to the maximum specified level, or
to any level up to the maximum. To ensure repeatable and reproducible
test results, DOE determined that filling the water reservoir to the
maximum volume of water as specified by the manufacturer is
representative of typical use. In addition, specifying a consistent
fill level for testing at the maximum fill level would limit
variability associated with reservoir water temperature and would
ensure the portable ACIM has sufficient water to conduct the test.
In summary, in the December 2021 NOPR, DOE proposed that portable
ACIMs be subject to the test procedure as proposed in the NOPR, except
that sections 5.4, 5.6, 6.2, and 6.3 of ASHRAE Standard 29-2015 would
not apply. 86 FR 72322, 72332. DOE proposed to provide the following
additional test instructions necessary for testing portable ACIMs:
ensure that the ice storage bin is empty; fill an external container
with water; establish a water temperature in the external container
that is consistent with the requirements of section 5.2.1 of AHRI
Standard 810 (I-P)-2016 with Addendum 1 and the tolerance specified in
section 6.2 of ASHRAE Standard 29-2015 (i.e., 70 [deg]F <plus-minus>
1.0 [deg]F); verify the water temperature in the external container by
inserting a temperature sensor into approximately the geometric center
of the water; after establishing water temperature, immediately
transfer the water to the portable ACIM reservoir and fill the
reservoir to the maximum level as specified by the manufacturer. Id.
DOE also determined that additional instructions are needed for
portable ACIMs to meet the requirements of section 6.6 of ASHRAE
Standard 29-2015, which requires that ``bins shall be used when testing
and shall be filled one-half full with ice.'' Because section 6.6 of
ASHRAE Standard 29-2015 does not specify how the bin would be filled
with ice, a laboratory may fill the ice storage bin one-half full of
externally produced ice (i.e., ice that was made by a separate ACIM),
for example to avoid waiting for the unit under test to produce enough
ice to fill the bin one-half full prior to initiating the start of the
test. Using externally produced ice does not directly affect the
performance of a non-portable ACIM because the conditions within the
ice storage bin do not have a direct impact on the incoming potable
water temperature.
In contrast, the conditions within the ice storage bin of a
portable ACIM do directly impact performance because portable ACIMs
typically recycle the melt water (at 32 degrees) from the internal ice
storage bin and combine it with water from the reservoir (initially at
70 degrees) to make additional ice. Accordingly, any externally
produced ice introduced to a portable ACIM to fill the bin one-half
full prior to testing could affect the performance of the system during
the test when compared to the tested performance using ice produced by
the portable ACIM under test.
To limit test variability that could occur due to the introduction
of externally produced ice, in the December 2021 NOPR DOE proposed that
for portable ACIMs, the ice storage bin must be empty prior to the
initial water fill, and the unit under test must be operated to produce
ice into the ice storage bin until the bin is one-half full (i.e.,
precluding the use of externally produced ice to fill the bin one-half
full prior to testing). 86 FR 72322, 72333. DOE proposed to define one-
half full as half of the vertical dimension of the storage bin, based
on the maximum possible fill level. Id. Once the ice storage bin is
one-half full of ice, testing would proceed according to section 7 of
ASHRAE Standard 29-2015, consistent with non-portable ACIM testing. Id.
In the December 2021 NOPR, DOE requested comment on its proposal
regarding reservoir water and ice storage bin instructions for portable
ACIMs. 86 FR 72322, 72332-72333.
Hoshizaki agreed with the proposal if the portable units have a way
to collect the ice in a way not to confuse the ice made in each cycle
from the \1/2\ full bin. (Hoshizaki, No. 14, p. 2-3) Hoshizaki and AHRI
requested that this be brought to the ASHRAE 29 standard committee for
consideration. (Hoshizaki, No. 14, p. 2-3; AHRI, No. 13, p. 3)
AHRI commented that consistency and repeatability are of utmost
importance to ensure that all manufacturers and testing bodies address
these provisions in a constant manner. (AHRI, No. 14, p. 3)
AHAM commented that the 70 [deg]F <plus-minus> 1.0 [deg]F tolerance
requirement for the initial water temperature is unnecessarily tight
for low-capacity ACIMs, including portable ACIMs, which adds
unnecessary test burden. (AHAM, No. 18, p. 10-11) AHAM commented that
the test procedure should specify that the water should be stirred to
eliminate gradients that would naturally occur because some models
recirculate melt water to the reservoir and that, for all low-capacity
ACIMs, the temperature of the inlet water will vary throughout the
entire test with little effect on the ultimate result. Id.
AHAM commented that the DOE's proposed test procedure for portable
ACIMs does not specify that the bin should be emptied and dried out
before the first 15-minute run, which AHAM suggests may be implicit in
the proposed test procedure but should be stated clearly. (AHAM, No.
18, p. 12)
DOE notes that, in the December 2021 NOPR, DOE proposed that the
ice storage bin is empty prior to the initial potable water reservoir
fill and that the initial water temperature of 70 [deg]F <plus-minus>
1.0 [deg]F for testing portable ACIMs is only required to be verified
in an external container immediately before filling the portable ACIM
water reservoir. 86 FR 72322, 72332-72333.
DOE testing has shown that portable ACIMs are able to have ice
collected in a similar manner to non-portable ACIMs which distinguish
the ice made in each cycle from the ice already present in the ice
storage bin. DOE has additionally determined that the additional
provisions regarding reservoir water fill are necessary to allow for
testing of portable ACIMs.
DOE is maintaining the test requirements as proposed in the
December 2021 NOPR for portable ACIMs in this final rule.
b. Refrigerated Storage ACIMs
DOE has determined that refrigerated storage ACIMs can be tested
according to the current DOE ACIM test procedure as well as AHRI
Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015.
DOE investigated whether additional specification was necessary to
ensure that these test methods would provide representative and
repeatable results for refrigerated storage ACIMs and would not be
unduly burdensome to conduct.
DOE identified two aspects of refrigerated storage ACIM testing
that may need further specification to limit variability: door openings
for refrigerated storage ACIMs and refrigeration set point controls.
Door opening durations may affect the measured performance of
refrigerated storage ACIMs more than non-refrigerated storage ACIMs
because the refrigeration system provides cooling for the entire self-
contained storage bin rather than only for the ice making evaporator.
Thus, when opening the storage container door to collect ice from
refrigerated storage ACIMs, some

[[Page 65869]]

portion of cold air from the storage container will likely be replaced
by higher temperature ambient air. Both the duration and the extent of
the door opening can contribute to this air exchange within the storage
container. Therefore, specifying the duration and the extent of the
door opening would limit variability from test to test, thus promoting
repeatable and reproducible test results.
From investigative testing, DOE has determined that the process of
opening the bin door, carefully removing or replacing the ice
collection container, and closing the door can be readily performed in
under 10 seconds. Therefore, in the December 2021 NOPR, DOE proposed
that for refrigerated storage ACIMs, any storage bin door openings
shall be conducted with the door in the fully open position for 10
<plus-minus> 1 seconds. 86 FR 72322, 72333. DOE proposed to specify
that ``fully open'' means opened to an angle of not less than 75
degrees (or to the maximum angle possible, if that is less than 75
degrees), which is consistent with the definition for fully open in
ANSI/ASHRAE Standard 72-2018, ``Method of Testing Open and Closed
Commercial Refrigerators and Freezers.'' Id. To ensure a consistent
number of door openings, DOE also proposed to specify that door
openings would occur only when collecting the ice sample and when
returning the empty collection container to the ice storage compartment
(i.e., two separate door openings per sample collection). Id.
Refrigeration set point controls may also affect the measured
performance of refrigerated storage ACIMs, if the controls can be
adjusted by the user to maintain different storage compartment
temperatures. DOE investigated whether refrigerated storage ACIMs allow
the user to adjust the refrigeration set point of the ACIM and if so,
how. DOE reviewed user manuals for several refrigerated storage ACIMs
and found that the models either do not allow the user to adjust the
refrigeration set point, or have a factory preset temperature control
that can be adjusted by the user, but not in an easily accessible
manner (e.g., temperature control screws adjustable only with a
screwdriver or accessible behind grilles). The ability to adjust the
refrigeration set point on some refrigerated storage ACIMs does not
appear to be a setting that users would typically adjust and is likely
used only for troubleshooting. Based on this information, DOE proposed
in the December 2021 NOPR that the refrigeration set point for testing
a refrigerated storage ACIM be consistent with section 4.1.4 of AHRI
Standard 810 (I-P)-2016 with Addendum 1 (i.e., per the manufacturer's
written instructions with no adjustment prior to or during the test).
86 FR 72322, 72333.
In the December 2021 NOPR, DOE requested comment on its proposal to
test refrigerated storage ACIMs consistent with AHRI Standard 810 (I-
P)-2016 with Addendum 1, with the specified proposed door opening
duration and frequency. 86 FR 72322, 72333. DOE requested comment on
whether a specific refrigeration set point or internal air temperature
should be specified instead of the manufacturer's factory preset. Id.
In response to the December 2021 NOPR, Hoshizaki and AHRI both
requested DOE clarify refrigerated storage ACIMs and share examples
before feedback can be given. (Hoshizaki, No. 14, p. 3; AHRI, No. 13,
p. 4)
AHRI commented that ASHRAE 29 does not cover products installed in
residential refrigerators or freezers, and if these are the type of
systems being referred to as self-contained refrigerated storage ACIMs,
the scope of both ASHRAE 29 and the DOE rulemaking would need to be
expanded to cover such equipment. (AHRI, No. 13, p. 4) AHRI suggested
that DOE clarify the equipment type and bring this issue to ASHRAE SPC
29 for consideration. Id. AHAM commented that DOE's proposed test
procedure draws heavily from AHRI Standard 810 (I-P)-2016 with Addendum
1 and ASHRAE Standard 29-2015 that were not developed with residential
products in mind. (AHAM, No. 18, p. 9)
DOE is not referring to products installed in residential
refrigerators or freezers in this Final rule. Refrigerated storage
ACIMs are explicitly excluded from the freezer definition at 10 CFR
430.2 and differ from the refrigerator-freezer definition at 10 CFR
430.2 because refrigerated storage ACIMs only produce and store ice in
a single compartment. Section III.B.1 provides further clarity and an
example of refrigerated storage ACIMs.
Because DOE did not receive any comments regarding the refrigerated
storage ACIM proposals, DOE is maintaining the test requirements as
proposed in the December 2021 NOPR for refrigerated storage ACIMs in
this final rule.
2. Stability Criteria
The current DOE test procedure, through reference to section 7.1.1
of ASHRAE Standard 29-2009, defines ACIM stability based on the harvest
rate. Specifically, continuous type ice makers shall be considered
stabilized when the weights of three consecutive 14.4-minute samples
taken within a 1.5-hour period do not vary by more than <plus-minus>2
percent. Batch type ice makers are considered stable when the weights
from the samples from two consecutive cycles do not vary by more than
<plus-minus>2 percent.
a. Capacity Test Cycles or Samples
Section 7.1.1 of ASHRAE Standard 29-2015 revised the stabilization
criteria to consider continuous type ice makers stable when the weights
of two consecutive 15.0 minute <plus-minus> 2.5 seconds samples do not
vary by more than the greater of <plus-minus>2 percent, or 0.055
pounds. Section 7.1.1. of ASHRAE Standard 29-2015 specifies that batch
type ice makers are considered stable when the 24-hour calculated ice
production rate from samples taken from two consecutive cycles do not
vary by the greater of <plus-minus>2 percent or 2.2 pounds. Compared to
the 2009 version, ASHRAE Standard 29-2015 added absolute stability
criteria of 0.055 lb/15 minutes for continuous equipment and 2.2 lb/24
h for batch equipment.
In addition, ASHRAE Standard 29-2009 states that the unit must be
stable before the capacity tests are started. This provision was
changed in ASHRAE Standard 29-2015, which instead states that the ice
maker must be stable for capacity test data to be valid. In
application, the stability provision in ASHRAE Standard 29-2009 means
that any cycle or sample after the stability criteria is met is valid
to be used for the capacity test. DOE notes that the applicability of
the stability criteria in ASHRAE Standard 29-2015 could be understood
in one of two ways: (1) Unchanged from ASHRAE Standard 29-2009, meaning
that any cycle or sample after the stability criteria are met is valid
to be used for the capacity test; or (2) the ice production rate for
each cycle used for the capacity test relative to any other cycle or
sample used for the capacity test must be within the greater of <plus-
minus>2 percent and 2.2 lb/24 h for batch type ice makers, and each
sample used for the capacity test must be within the greater of <plus-
minus>2 percent and 0.055 lb/15 mins for continuous ice makers. The
second interpretation limits potential variability compared to the
first interpretation because it puts specific limits on the variability
between cycles and samples to be used for the capacity tests. The
difference in the potential interpretations of the stability provisions
in ASHRAE Standard 29-2015 could result in variation in capacity
ratings. Additionally, the second interpretation limits test burden by
not requiring separate cycles for

[[Page 65870]]

meeting the stability criteria and for testing performance. Under the
second interpretation, the same cycles are used to determine stability
and performance. In the December 2021 NOPR, DOE proposed to expressly
provide that the second interpretation be used for determining
stability, such that all cycles or samples used for the capacity test
are stable. 86 FR 72322, 72334. DOE does not expect that this proposal
would impact ACIM performance as measured under the existing test
procedure as it would not substantively change the cycles required for
evaluating performance. Id.
In the December 2021 NOPR, DOE requested comment on its
interpretation of section 7.1.1 of ASHRAE Standard 29-2015 and proposal
to require that all cycles or samples used for the capacity test meet
the stability criteria. 86 FR 72322, 72334.
Hoshizaki agreed that all cycles should meet the stability
criteria. (Hoshizaki, No. 14, p. 3) AHRI commented that the stability
criteria should match the requirements of ASHRAE 29. (AHRI, No. 13, p.
4)
AHRI commented that some units vary in performance each cycle due
to water dump frequency by design, and DOE should ask the ASHRAE
committee for an interpretation if DOE is concerned about ambiguity in
ASHRAE 29. (AHRI, No. 13, p. 4)
IOM commented that this proposal would take the stabilization
criteria further than ASHRAE Standard 29-2009 and ASHRAE Standard 29-
2015, requiring that all cycles not differ by more than 2%. (Ice-O-
Matic, No. 11, p. 1) IOM added that a dataset with small linear growth
(100, 102, and 104 lb/24 hr) would not be considered stabilized under
this DOE rule, while it would be considered stabilized under ASHRAE
Standard 29-2015. Id. IOM commented that in practice it is not uncommon
for units which achieved stabilization under ASHRAE Standard 29-2009 to
produce capacity test samples which vary in excess of <plus-minus>2
percent. Id. IOM stated that because allowable variance during capacity
tests is already being reduced by changing from ASHRAE 29-2009 to
ASHRAE 29-2015, IOM finds DOE's proposal to further reduce potential
variance excessive, and believes it has the potential to increase test
burden on manufacturers. Id. IOM generally supported using test cycles
to also confirm stability following the requirements for stability as
defined in ASHRAE Standard 29-2015. (IOM, No. 11, p. 3)
DOE has determined that clarifying the stability criteria specified
in ASHRAE 29-2015 will produce test results that are more
representative, repeatable, and reproducible. As indicated in the IOM
comment, the current ASHRAE 29-2009 approach may introduce potential
variability in test results. Additionally, reducing the number of
cycles or samples required for the capacity test will reduce test
burden by reducing total test time. DOE discusses test burden in
section III.F.1 of this final rule.
Therefore, DOE is maintaining in this final rule its interpretation
of section 7.1.1 of ASHRAE Standard 29-2015 and requirement that all
cycles or samples used for the capacity test meet the stability
criteria, consistent with the December 2021 NOPR.
b. Test Sample Duration
Section 7.1.1 of ASHRAE Standard 29-2015 added a requirement that
the duration of each sample for continuous type ice makers be 15.0
minutes <plus-minus>2.5 seconds. DOE testing indicated that removing
the plastic pan or bucket within the tolerance of <plus-minus>2.5
seconds can be difficult depending on the specific test setup (e.g.,
removing the container from the ice maker or bin without spilling ice).
An increased tolerance would reduce burden on manufacturers to test
continuous ice makers, while still sufficiently limiting the
variability between samples used for the capacity test to the criteria
proposed.
In the December 2021 NOPR, DOE proposed to increase the tolerance
to collect samples for continuous ice makers from 15.0 minutes <plus-
minus> 2.5 seconds to 15.0 minutes <plus-minus> 9.0 seconds. 86 FR
72322, 72334. Increasing the tolerance to 9.0 seconds could affect the
weight of each sample; however, variability would not increase because
the samples used for the capacity test would still need to meet the
proposed stability criteria. Id. With the 9-second tolerance, the
maximum and minimum allowable collection times would vary by
approximately 2 percent, which is consistent with the allowable
variation in capacity to determine stability. Id. DOE expected that
this proposal would reduce the test burden compared to the ASHRAE
Standard 29-2015 approach and would ensure that valid samples can be
obtained. Id. Additionally, in the December 2021 NOPR, DOE did not
expect that this proposal would affect measured performance as compared
to the existing test procedure because the sample collection period as
proposed is not substantively different from the existing test
procedure approach. Id.
In the December 2021 NOPR, DOE requested comment on the proposal to
increase the tolerance for continuous ice makers to collect samples to
15.0 minutes <plus-minus> 9.0 seconds. 86 FR 72322, 72334.
In response to the December 2021 NOPR, IOM commented in support of
the proposal to increase the tolerance on sample collection for
continuous ice makers. (Ice-O-Matic, No. 11, p. 1)
Hoshizaki and AHRI commented that they do not agree with the
proposed change. (Hoshizaki, No. 14, p. 3; AHRI, No. 13, p. 4)
Hoshizaki commented such time could impact high-capacity continuous
models and have a significant impact on capacity and energy totals, and
AHRI added that the proposed changes could impact the output depending
on the capacity of the unit. Id. AHRI stated that this proposal could
change the integrity of the test and would need further evaluation
prior to being considered. Id.
AHRI added that the increase to <plus-minus>9.0 seconds would allow
high-capacity units to potentially collect a greater sample and while
the test was not designed to be applied to low-capacity machines, the
impact of this proposed change could be substantially less. Id.
Hoshizaki requests that further discussion be put through the
ASHRAE 29 committee. (Hoshizaki, No. 14, p. 3)
DOE has re-evaluated its proposal and determined that although a
greater tolerance would reduce test burden on manufacturers to test
continuous ACIMs, the collection duration tolerance in ASHRAE 29-2015
provides a repeatable and reproducible method of test. DOE has
determined that the specified tolerance included in ASHRAE 29-2015
demonstrates that manufacturers can meet the specified tolerance
without the need for an increased tolerance. Therefore, DOE is
declining to allow for a greater collection duration tolerance than the
tolerance specified for continuous ACIMs in ASHRAE 29-2015 (i.e.,
<plus-minus>2.5 seconds).
c. Low-Capacity ACIM Stability Criterion
Section 7.1.1 of ASHRAE 29-2015 includes stabilization
requirements, which specify: (1) For continuous ACIMs, collected
weights must not vary by more than <plus-minus>2 percent or 25 g (0.055
lb), whichever is greater; or (2) for batch ACIMs, the calculated 24-
hour ice production rates must not vary by more than <plus-minus>2
percent or 1 kg (2.2 lb), whichever is greater.
Based on investigative testing conducted as part of this
rulemaking, DOE observed that the absolute stability criteria of 2.2
lb/24 h for batch type ice makers would not necessarily represent
stable operation for low-capacity batch ACIMs. DOE conducted a market

[[Page 65871]]

assessment and observed batch low-capacity ACIMs with harvest rates as
low as 7 lb/24 h. Based on this harvest rate of 7 lb/24 h, a 2.2 lb/24
h stability criteria could result in a harvest rate variation of up to
31 percent (i.e., 2.2 lb/24 h divided by 7 lb/24 h). Because of the
potential high variability in the stability criteria for low-capacity
ACIMs, DOE proposed in the December 2021 NOPR to not apply the absolute
stability criteria specified in ASHRAE 29-2015 to the proposed test
procedure for low-capacity ACIMs. 86 FR 72322, 72334.
DOE also considered whether applying only the <plus-minus>2 percent
stability criterion would be appropriate for low-capacity ACIMs. Due to
the lower overall ice harvest rates, a <plus-minus>2 percent stability
requirement represents much smaller weight variations for low-capacity
ACIMs. For example, a 2 percent stability requirement for the 7 lb/24 h
model represents a variation of 0.14 lb/24 h, which may be difficult to
achieve for low-capacity ACIMs.
The <plus-minus>2 percent stability requirement is also not
currently applicable to the lowest capacity ACIMs currently in scope
for the DOE test procedure (i.e., the requirement is 2 percent or 2.2
lb/24 h, whichever is greater). Accordingly, the effective stability
requirement for the lowest capacity ACIMs currently in scope is
approximately 4 percent (i.e., 2.2 lb/24 h divided by 50 lb/24 h). In
the December 2021 NOPR, DOE determined that applying this same
percentage (i.e., 4 percent) as the low-capacity ACIM stability
requirement would be more appropriate than applying either the 2
percent or 2.2 lb/24 h stability requirements currently defined in
section 7.1.1 of ASHRAE 29-2015. 86 FR 72322, 72334. DOE observed
through testing that low-capacity ACIMs are able to achieve stability
based on a 4 percent requirement. Id.
Therefore, for consistency (on a percentage basis) with the ASHRAE
29-2015 test requirements for the lowest capacity ACIMs currently in
scope and to limit test burden, in the December 2021 NOPR, DOE proposed
to require a <plus-minus>4 percent stability criterion (without an
absolute stability criterion) for testing low-capacity ACIMs. 86 FR
72322, 72334.
In the December 2021 NOPR, DOE requested comment on the proposal to
require that all cycles or samples of low-capacity ACIMs used for the
capacity test meet a <plus-minus>4 percent stability criterion and not
be subject to an absolute stability criterion. 86 FR 72322, 72334.
In response to the December 2021 NOPR, Hoshizaki and AHRI requested
that this proposal be brought to the ASHRAE 29 standard committee with
supporting testing to show that this stability is necessary and
adequate for these products since currently they are outside of the
scope, and that ASHRAE 29 was not developed for low-capacity ACIMs.
(Hoshizaki, No. 14, p. 3; AHRI, No. 13, p. 4-5) AHRI added that the
units should not be allowed to bypass stability requirements currently
in the standard simply because the method of test has not been designed
to incorporate such units. (AHRI, No. 13, p. 4-5) AHRI commented that
members do not currently have testing data to show that 4 percent would
be accurate or comparable for this equipment type. Id.
AHAM commented in support of the <plus-minus>4 percent stability
criterion for low-capacity ice makers. (AHAM, No. 18, p. 11) AHAM
stated that DOE's ACIM energy conservation standards or test procedure
need a method to account for this planned variation such that the
variation does not penalize manufacturers when the test procedure is
used for enforcement purposes. Id.
DOE observed from testing of low-capacity ACIMs to support the
December 2021 NOPR that a <plus-minus>4 percent stability criterion is
appropriate and ensures representative, repeatable, and reproducible
measures of performance for low-capacity ACIMs. A <plus-minus>4 percent
stability criterion is consistent with the absolute stability
requirements from ASHRAE 29-2015 for the lowest capacity ACIMs
currently in scope (i.e., 2.2 lb/24 h divided by 50 lb/24 h). A <plus-
minus>4 percent stability criterion does not bypass any requirement
because low-capacity ACIMs are not currently subject to the DOE test
procedure and are not within the scope of ASHRAE 29-2009 or ASHRAE 29-
2015. DOE will consider any updated industry standards, if available,
during future ACIM test procedure rulemakings. DOE discusses
enforcement provisions for ACIMs in section III.E.3 of this final rule.
DOE is maintaining in this final rule the requirement that all
cycles or samples of low-capacity ACIMs used for the capacity test meet
a <plus-minus>4 percent stability criterion and not be subject to an
absolute stability criterion, consistent with the December 2021 NOPR.
3. Test Conditions
The DOE test procedure specifies standard test conditions to ensure
that test results reflect energy use during a representative average
use cycle and are not unduly burdensome for manufacturers to perform.
DOE discusses test conditions, including tolerances and
instrumentation accuracies, in the following sections.
a. Relative Humidity
Variation in the moisture content of ambient air may affect the
energy consumption of automatic commercial ice makers. However, neither
the current DOE test procedure, nor AHRI Standard 810 (I-P)-2016 with
Addendum 1 or ASHRAE Standard 29-2015 include requirements to control
for moisture content for testing. In contrast, industry test standards
for other refrigeration equipment, such as commercial refrigerators,
freezers and refrigerator-freezers (``CRE'') and refrigerated bottled
or canned beverage vending machines (``BVMs''), have requirements for
the moisture content.
In the December 2021 NOPR, DOE presented data from three ACIMs
tested at relative humidity levels of 35, 55, and 75 percent at the
standard rating conditions to investigate the effect of relative
humidity on energy use, as replicated in Table III.3. 86 FR 72322,
72335. The results showed a wide range of impacts on energy use among
the three tested units when relative humidity is varied. Id. Test Unit
1 showed less than 1 percent variation in energy use among the three
relative humidity test conditions. Id. Whereas, Test Unit 2 showed a 35
percent difference in energy use between the 35 percent and 75 percent
relative humidity test conditions. Id. Test Unit 3 showed a 4 percent
difference in energy use between the 35 percent and 75 percent relative
humidity conditions. Id. DOE stated in the December 2021 NOPR that it
was unable to determine why Test Unit 2 showed significantly greater
variation in performance compared to the other test units. Id. In
summary, these results indicated that for certain ACIM models, relative
humidity has a significant impact on measured energy use.

[[Page 65872]]

Table III.3--Comparison of Energy Use Rates at Different Relative Humidity Test Conditions as Presented in the December 2021 NOPR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Difference Difference
from 35% from 35%
35% relative 55% relative humidity (kWh/ 75% relative relative relative
Test unit Type humidity (kWh/ 100 lb) humidity (kWh/ humidity to humidity to
100 lb) 100 lb) 55% relative 75% relative
humidity (%) humidity (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Batch....................... 8.27 8.28....................... 8.28 +0.2 +0.2
2 Batch....................... 8.47 10.49...................... 11.47 +24 +35
3 Continuous.................. 4.27 Not Tested................. 4.43 N/A +4
--------------------------------------------------------------------------------------------------------------------------------------------------------

In the December 2021 NOPR, DOE considered relative humidity test
conditions for ACIMs by comparing the test conditions required for
testing other types of commercial food service equipment, including
CRE, BVMs, and refrigerated buffet and preparation tables. 86 FR 72322,
72335. In particular, DOE compared the moisture content level
corresponding to the combination of ambient temperature and relative
humidity specified for these other equipment types. Id. DOE summarized
these test condition requirements along with the proposed relative
humidity test condition of 35 percent for ACIMs, as replicated in Table
III.4. Id.

Table III.4--Comparison of Relative Humidity Test Conditions as Presented in the December 2021 NOPR
----------------------------------------------------------------------------------------------------------------
Corresponding
Ambient Wet Bulb Relative moisture
Equipment type Test standard temperature temperature humidity content (lbs
([deg]F) ([deg]F) (percent) water vapor/
lbs dry air)
----------------------------------------------------------------------------------------------------------------
Commercial Refrigeration ASHRAE 72- 75.2 64.4........... * 55 0.010
Equipment. 2005[dagger].
Refrigerated Beverage Vending ASHRAE 32.1- 75 No requirement. 45 0.008
Machines. 2010[dagger].
Refrigerated Buffet and ASTM Standard 86 No requirement. 35 0.009
Preparation Tables. F2143-2016.
Automatic Commercial Ice Proposed........ 90 No requirement. ** 35 0.011
Makers.
----------------------------------------------------------------------------------------------------------------
* The relative humidity for commercial refrigeration equipment is calculated from the dry bulb temperature and
the wet bulb temperature using a pressure of 760 mm of mercury.
** Proposed test condition.
[dagger] The test conditions currently incorporated by refence in the DOE test procedures are unchanged in the
most recent versions of the industry standards, ASHRAE 72-2018 and ASHRAE 32.1-2017.

Based on these considerations, DOE proposed to require a relative
humidity test condition of 35 percent for ACIM testing. 86 FR 72322,
72335. As indicated in Table III.4, the proposed relative humidity
condition of 35 percent, in combination with the ambient air condition
of 90 [deg]F, would correspond to a moisture content of 0.011 lbs water
vapor/lbs dry air. This would closely match the moisture contents
associated with the test procedures for the other types of commercial
food service equipment.
In the December 2021 NOPR, DOE also investigated appropriate
tolerances to specify for the relative humidity test condition. 86 FR
72322, 72336. DOE considered a test condition tolerance and test
operating tolerance on relative humidity. Id. A test condition
tolerance is a tolerance that is calculated based on the average of all
relative humidity measurements during each freeze cycle. Id. In
contrast, a test operating tolerance would apply to all individual
measurements during each cycle. Id. The industry standards referenced
in Table III.4, ASHRAE 72-2018, ASHRAE 32.1-2017, and ASTM Standard
F2143-2016, all require a test condition tolerance. Id. ASHRAE 72-2018
is the only standard mentioned in Table III.4 that also requires a test
operating tolerance. Id.
DOE also investigated typical accuracies of relative humidity
sensors, finding that accuracies of <plus-minus>2.0 percent are typical
for relative humidity sensors. Id. Additionally, DOE noted that its
test procedure for BVMs requires a relative humidity instrument
accuracy of <plus-minus>2.0 percent for a test condition tolerance of
<plus-minus>5.0 percent. See section 1.1 of appendix B to subpart Q of
10 CFR part 431. Id. Similarly, section 6.3 of ASTM Standard F2143-2016
also requires a relative humidity instrument accuracy of <plus-
minus>2.0 percent for a test condition tolerance of <plus-minus>5.0
percent. Id.
Based on this analysis, DOE proposed a relative humidity test
condition tolerance of <plus-minus>5.0 percent. Id. DOE also proposed
to require a relative humidity instrument accuracy of <plus-minus>2.0
percent. Id.
In summary, DOE proposed to require a relative humidity test
condition of 35 percent. 86 FR 72322, 72335. DOE proposed that the
relative humidity be maintained and measured at the same location used
to confirm ambient dry bulb temperature, or as close as the test setup
permits. 86 FR 72322, 72336. DOE proposed to add a test condition
tolerance on the proposed relative humidity test condition of <plus-
minus>5.0 percent. Id. DOE proposed to require a relative humidity
instrument accuracy of <plus-minus>2.0 percent. Id. DOE stated in the
December 2021 NOPR that it did not expect the proposal to affect
measured performance of existing ACIM models. Id.
DOE requested comment on the proposal to control relative humidity
at

[[Page 65873]]

35 <plus-minus> 5.0 percent. 86 FR 72322, 72336. Specifically, DOE
requested comment on the representativeness of 35 percent relative
humidity in field use conditions, whether manufacturers currently
control and measure relative humidity for ACIM testing (and if so, the
conditions used for testing), and the burden associated with
controlling relative humidity within a tolerance of <plus-minus>5.0
percent. Id.
In response to the December 2021 NOPR, Hoshizaki and AHRI commented
that due to inherent humidity caused by ice makers in the production of
ice, the control of relative humidity has been left out of the test
protocols currently used (e.g., ASHRAE 29). (Hoshizaki, No. 14, p. 3;
AHRI, No. 13, p. 5) AHRI, Joint Commenters, Hoshizaki, IOM, The Legacy
Companies, and Manitowoc Ice commented that ACIMs respond differently
to the humidity of ambient air than other refrigerated equipment
because the evaporator is in a wetted setting, so units are not greatly
affected by humidity changes during testing. (AHRI, No. 13, p. 5; Joint
Commenters, No. 15, p. 1; Hoshizaki, No. 14, p. 3; IOM, No. 11, p. 2;
The Legacy Companies, January 24, 2022 webinar to discuss the December
2021 NOPR; \12\ Manitowoc Ice, January 24, 2022 webinar to discuss the
December 2021 NOPR) \13\ AHRI and added that units are designed to
handle these conditions and that humidity control is not necessary
(AHRI, No. 13, p. 5; AHAM, No. 18, p. 12).
---------------------------------------------------------------------------

\12\ See pages 30-31; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
\13\ See pages 32-33; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

IOM and The Legacy Companies commented that they do not support the
proposal to control humidity. (IOM, No. 11, p. 2; The Legacy Companies,
January 24, 2022 webinar to discuss the December 2021 NOPR) \14\ Joint
Commenters commented that ACIM test chambers typically do not control
the relative humidity of ambient air. (Joint Commenters, No. 15, p. 1)
IOM commented that they do not control for or measure humidity levels
in its environmental chambers. (IOM, No. 11, p. 2) Welbilt commented
that they do not have humidity control in their test chambers and that
ACIM test chambers are often very specialized because of the range of
ambient conditions that are needed to test ACIMs whereas CRE test
chambers are typically used for testing at one or two ambient
conditions. (Welbilt, January 24, 2022 webinar to discuss the December
2021 NOPR) \15\
---------------------------------------------------------------------------

\14\ See pages 30-31; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
\15\ See pages 29-30; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

AHRI, Hoshizaki, IOM, Joint Commenters, and Manitowoc Ice commented
that test data should be reviewed and validated to confirm the need for
relative humidity control. (AHRI, Public Meeting Transcript, No. EERE-
2017-BT-TP-0006-0012 at p. 29; Hoshizaki, No. 14, p. 3; IOM, No. 11, p.
2; Joint Commenters, No. 15, p. 1-2; Manitowoc Ice, January 24, 2022
webinar to discuss the December 2021 NOPR) \16\ AHAM commented that
DOE's testing is not sufficient to justify its proposed requirement.
AHAM, No. 18, p. 13. Joint Commenters added that DOE should conduct
additional relative humidity testing and if a large performance
difference for some units is confirmed, then a relative humidity
requirement is needed to ensure the reproducibility of the test
procedure. (Joint Commenters, No. 15, p. 1-2)
---------------------------------------------------------------------------

\16\ See pages 32-33; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

AHRI, Hoshizaki, IOM, Welbilt, and Joint Commenters commented that
a relative humidity of 35 percent may be unrepresentative of the
variety of environments housing ACIMs. (AHRI, No. 13, p. 5; Hoshizaki,
No. 14, p. 3; IOM, No. 11, p. 2; Welbilt, January 24, 2022 webinar to
discuss the December 2021 NOPR; \17\ Joint Commenters, No. 15, p. 2)
IOM added that commercial kitchens may have humidity much higher than
35 percent, front-of-house locations may be lower than 35 percent, and
ACIMs utilizing a remote condenser may see humidity anywhere between 15
and100 percent. (IOM, No. 11, p. 2)
---------------------------------------------------------------------------

\17\ See pages 29-30; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

AHRI commented that the ambient temperatures would also vary
greatly by application and such a humidity would be difficult to
control while entering the test chamber for sample collection. (AHRI,
No. 13, p. 5) IOM believes that a <plus-minus>5 percent tolerance is
too narrow and would be difficult to control during tests. (IOM, No.
11, p. 2) IOM suggested a <plus-minus>10 percent tolerance if humidity
is controlled. Id.
AHRI, IOM, and Welbilt asserted that the addition of humidity
control requirements would impose undue burden to OEMs and testing
facilities without benefiting the efficiency or testing of ACIMs.
(AHRI, No. 13, p. 5; IOM, No. 11, p. 2; Welbilt, January 24, 2022
webinar to discuss the December 2021 NOPR \18\) AHRI, IOM, and Welbilt
commented that it would also be extremely costly to add humidity
control upgrades to testing laboratories for little wielded benefit.
Id. Hoshizaki commented that full costs should be considered in adding
this to the test criteria along with the cost to retest all products
that currently do not have humidity control in their test. (Hoshizaki,
No. 14, p. 3)
---------------------------------------------------------------------------

\18\ See pages 29-30; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

Hoshizaki requested that this be addressed in the ASHRAE 29
standard committee for consensus. (Hoshizaki, No. 14, p. 3)
DOE has reviewed and confirmed the validity of the test data from
the three units presented in the December 2021 NOPR.
DOE has also conducted further analysis of the test data from Test
Unit 2 to further investigate that unit's significant variation in
energy use among the different relative humidity test conditions. DOE
notes that during the January 24, 2022 webinar to discuss the December
2021 NOPR, True Manufacturing commented in response to a request for
comment about the relative humidity test condition that some ACIMs that
have poor insulation may inadvertently make ice on the back side of the
evaporator plate or other unwanted areas, which could possibly decrease
the harvest rate.\19\ Indeed, DOE observed for Test Unit 2 that the 75
percent relative humidity test had additional drain water collected
during the freeze cycles compared to the 35 percent relative humidity
test. DOE investigated whether this additional drain water could have
resulted from additional condensation of moisture at the higher
relative humidity, and whether the higher energy use for Test Unit 2 at
the 75 percent relative humidity test condition may correspond to such
additional condensate being produced at that test condition. If so,
this would indicate that the higher energy use was directly related to
the relative humidity test condition.
---------------------------------------------------------------------------

\19\ See pages 34-35; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

Based on the technical characteristics of Test Unit 2, DOE
calculated the theoretical amount of additional energy use that would
be required by Test Unit 2 to condense the amount of additional drain
water measured.\20\ DOE compared

[[Page 65874]]

the resulting theoretical amount of additional energy use to the
measured amount of additional energy use. Table III.5 shows the average
measured drain water (in lbs) and the average measured energy use (in
kWh) of the freeze cycles for Test Unit 2. Table III.6 shows the
comparison of these measured values to the theoretical amount of
additional energy use that would be required by Test Unit 2 to condense
this amount of additional drain water, as calculated by DOE.
---------------------------------------------------------------------------

\20\ DOE calculated the additional amount of heat removal
required from the evaporator of Test Unit 2 to condense the same
amount of moisture from the surrounding air that was observed in the
additional drain water from the 75% relative humidity test.
Subsequently, DOE calculated the additional amount of compressor,
sump pump, and condenser fan motor energy and additional freeze
cycle duration that would be necessary to remove this additional
heat based on the Test Unit 2's compressor specification data at an
assumed evaporator temperature of 15 [deg]F and condenser
temperature of 115 [deg]F, and sump pump and condenser fan motor
specification data with an assumed power factor of 80%.

Table III.5--Summary of Drain Water and Energy Use Measurements for Test Unit 2
----------------------------------------------------------------------------------------------------------------
Difference
between 35%
Cycle description 35% relative 75% relative and 75%
humidity humidity relative
humidity
----------------------------------------------------------------------------------------------------------------
Freeze cycle drain water (lbs).................................. 0.59 1.01 0.43
Freeze cycle energy use (kWh)................................... 0.21 0.32 0.11
----------------------------------------------------------------------------------------------------------------

Table III.6--Comparison of Theoretical Additional Energy Use to Measured
Additional Energy Use for Test Unit 2
------------------------------------------------------------------------
Theoretical
Measured energy use
difference required to
Cycle description between 35% and produce 0.43
75% relative lbs of
humidity condensate
------------------------------------------------------------------------
Freeze cycle energy use (kWh)......... 0.11 0.12
------------------------------------------------------------------------

As indicated in Table III.6, DOE's calculated approach to determine
the additional energy use required to condense the amount of additional
drain water measured closely matched the measured approach. This
indicates that the additional energy use at the 75 percent relative
humidity test condition was likely due to the difference in condensed
moisture accumulated at the 75 percent test condition, thus supporting
that the relative humidity level during the test may have a direct
impact on measured energy performance.
DOE also evaluated additional test data from previous investigative
ACIM testing to further confirm the effects of relative humidity on
measured energy use. DOE previously tested four batch style ACIMs at 55
and 75 percent relative humidity using the standard rating conditions
specified in AHRI 810. Although this testing was not conducted at 35
percent relative humidity, the test data is instructive on whether a
difference in relative humidity affects ACIM performance. Table III.7
summarizes the results of this previous testing.

Table III.7--Comparison of Energy Use Rates at Different Relative Humidity Test Conditions
----------------------------------------------------------------------------------------------------------------
Difference
from 55%
55% relative 75% relative relative
Test unit Type humidity (kWh/ humidity (kWh/ humidity to
100 lb) 100 lb) 75% relative
humidity (%)
----------------------------------------------------------------------------------------------------------------
4 Batch......................... 9.45 9.30 -1.6
5 Batch......................... 17.47 21.58 +23.5
6 Batch......................... 30.33 30.56 +0.8
7 Batch......................... 40.46 40.49 +0.1
----------------------------------------------------------------------------------------------------------------

These results show that for some ACIM models, a difference in
relative humidity makes very little impact on ACIM performance, but for
other models, a difference in relative humidity makes a significant
impact on ACIM performance. Considering the three tested units
presented in the December 2021 NOPR in addition to these four units,
out of a total test sample of 7 ACIMs, relative humidity had a
significant impact on ACIM performance for at least two ACIMs. This
suggests that a difference in relative humidity may affect a
substantial portion of the ACIM market.
As summarized previously in this section, comments received in
response to the December 2021 NOPR indicate that certain manufacturers
do not measure relative humidity of the ambient air during testing, and
that ACIM test chambers typically do not control the relative humidity
of the ambient air. Commenters also generally suggested defining a
broader tolerance as compared to the proposed tolerance of <plus-
minus>5 percent, asserting that controlling relative humidity to within
<plus-minus>5 percent during testing would be difficult.
Based on the additional analysis discussed in this final rule,
including consideration of comments received in

[[Page 65875]]

response to the December 2021 NOPR, DOE is modifying the relative
humidity test conditions adopted in this final rule, as compared to the
provisions as proposed in the December 2021 NOPR, to instead specify a
minimum threshold rather than a defined range. Specifically, this final
rule adopts a requirement to maintain an average minimum ambient
relative humidity of 30.0 percent throughout testing. This revised
specification represents the minimum of the relative humidity
tolerance, 35.0 <plus-minus> 5.0 percent, as proposed in the December
2021 NOPR and will allow for a broader range of relative humidity
values that will be easier to control during testing. Furthermore, DOE
notes that its test data indicated that higher humidity levels are
associated with higher measured energy use for certain ACIM models--
suggesting that manufacturers of such models will be incentivized to
test with relative humidity levels as close to the minimum defined
threshold as possible.
See section III.F.1 of this final rule for a discussion of DOE's
analysis of any expected costs or impacts on measured performance as a
result of this amendment.
b. Water Hardness
ASHRAE Standard 29-2015 and AHRI Standard 810 (I-P)-2016 with
Addendum 1 do not specify the water hardness of the water supply used
for testing. The United States Geological Survey (``USGS'') defines
water hardness as the concentration of calcium carbonate in milligrams
per liter (``mg/L'') of water and lists general guidelines for the
classification of water hardness as 0 to 60 mg/L of calcium carbonate
for soft water; 61 to 120 mg/L of calcium carbonate for moderately hard
water; 121 to 180 mg/L of calcium carbonate for hard water; and more
than 180 mg/L of calcium carbonate for very hard water.\21\ In the
January 2012 final rule, DOE stated that harder water depresses the
freezing temperature of water and results in increased energy use to
produce the same quantity of ice. 77 FR 1591, 1605. DOE also stated
that hard water (i.e., water with a higher concentration of calcium
carbonate) can affect energy consumption in the field due to increased
scale build up on the heat exchanger surfaces over time, and the use of
higher water purge quantities to help flush out dissolved solids to
limit scale build up. Id. However, DOE declined to set requirements for
water hardness for testing because of insufficient information to allow
proper consideration of such a requirement. 77 FR 1591, 1605-1606.
Specifically, DOE did not have information regarding the impact of
variation in water hardness on as-tested performance of ACIMs, and
therefore could not justify the additional burden associated with
establishing a standardized water hardness requirement at that time.
Id.
---------------------------------------------------------------------------

\21\ See <a href="http://www.usgs.gov/special-topic/water-science-school/science/hardness-water?qt-science_center_objects=0#qt-science_center_objectswater.usgs.gov/owq/hardness-alkalinity.html">www.usgs.gov/special-topic/water-science-school/science/hardness-water?qt-science_center_objects=0#qt-science_center_objectswater.usgs.gov/owq/hardness-alkalinity.html</a>.
---------------------------------------------------------------------------

As part of this rulemaking, DOE conducted testing to investigate
whether changing the water hardness could affect the energy consumption
and harvest rate of ACIMs. Testing was conducted on new models (i.e.,
with clean evaporators prior to accumulation of any significant scale).
DOE conducted water hardness tests on three batch type ice makers and
one continuous type ice maker.
According to the USGS, the vast majority of water hardness in the
United States ranges from 0 mg/L to 250 mg/L of calcium carbonate.\22\
Given the range of water hardness in the United States, DOE used a
water hardness of 42 mg/L of calcium carbonate for a ``soft water''
test (which also represented water readily available at the test
facility) and a water hardness of 342 mg/L of calcium carbonate for a
``very hard water'' test (i.e., a 300 mg/L increase relative to the
soft water test to represent an extreme comparison case). The ``soft
water'' test at 42 mg/L of calcium carbonate was based on the water
hardness of the potable water at the testing facility where the tests
were conducted and therefore no additional preparation of the potable
water was required to meet the 42 mg/L of calcium carbonate water
hardness level. The ``very hard water'' test at 342 mg/L of calcium
carbonate was prepared by adding calcium chloride and magnesium
chloride hexahydrate with a mass ratio of 304:139 to the potable water
at the testing facility to reach the water hardness level of 342 mg/L
of calcium carbonate and the resulting mixture was recirculated for
sixteen hours to ensure even mixing. DOE tested four ACIMs in a test
chamber with soft and very hard water hardness at the standard rating
conditions to investigate the effect of water hardness on harvest rate
and energy use. The results of these tests are summarized in Table
III.8.
---------------------------------------------------------------------------

\22\ See <a href="http://www.usgs.gov/media/images/map-water-hardness-united-states">www.usgs.gov/media/images/map-water-hardness-united-states</a>.

Table III.8--ACIM Performance Differences of Soft Water Compared to Very Hard Water
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harvest rate Harvest rate Energy use Energy use
Unit Type with soft with very hard Difference (%) with soft with very hard Difference (%)
water * water * water * water *
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Batch..................... 95 105 11 10.49 9.43 -10.1
2 Batch..................... 126 131 4 8.28 7.96 -3.9
3 Batch..................... 351 359 2.3 5.73 5.64 -1.6
4 Continuous................ 562 582 3.4 4.40 4.18 -5.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

These test results show that water hardness can impact measured
harvest rates and energy consumption rates, and that very hard water
generally resulted in more favorable performance than soft water. DOE
acknowledges that the observed test results show the opposite impact on
performance than expected and discussed in the January 2012 final rule
(i.e., that harder water would be expected to increase energy
consumption).
In the December 2021 NOPR, DOE proposed to require that water used
for testing have a maximum hardness of 180 mg/L of calcium carbonate.
86 FR 72322, 72337. DOE stated that establishing a maximum water
hardness of 180 mg/L would ensure that ACIMs are tested with water that
is not considered ``very hard'' according to the USGS and that the
tested water hardness is within a range representative of water
hardness that ACIMs are likely to experience in actual use. Id.
In the December 2021 NOPR, DOE proposed that water hardness must be
measured using a water hardness meter with an accuracy of <plus-
minus>10 mg/L or taken from the most recent version of the water
quality report that is sent by water suppliers, which is updated at
least annually and is accessible at: <a href="http://ofmpub.epa.gov/apex/safewater/f?p=136:102">ofmpub.epa.gov/apex/safewater/f?p=136:102</a>. 86 FR 72322, 72337. DOE

[[Page 65876]]

expected that any test facilities in locations with water supply
hardness greater than 180 mg/L would likely already incorporate water
softening controls, and therefore this proposal is not expected to
require updates to existing test facilities. Id. For this same reason,
DOE did not expect that this proposal would impact rated performance
for any ACIMs tested under the current DOE test procedure. Id.
In the December 2021 NOPR, DOE also noted that this proposal would
not conflict with any provisions of the industry test and rating
standards and would provide additional specifications to ensure the
representativeness of the results and improve the repeatability and
reproducibility of the test results. 86 FR 72322, 72337.
In the December 2021 NOPR, DOE requested comment on its proposal
that water used for ACIM testing have a maximum water hardness of 180
mg/L of calcium carbonate and on whether any test facilities would not
have water hardness supplied within the proposed allowable range. 86 FR
72322, 72337. DOE requested comment on whether the supply water is
softened when testing ACIMs and, if the water is not softened, the
burden associated with implementing controls for water hardness. 86 FR
72322, 72337-72338. Additionally, DOE requested information on whether
this requirement should only be applicable to potable water used to
make ice (and not any condenser cooling water). 86 FR 72322, 72338.
In response to the December 2021 NOPR, Hoshizaki agreed that water
hardness would be good to investigate for the test standard.
(Hoshizaki, No. 14, p. 4) However, Hoshizaki and AHRI requested that
water hardness be brought to the ASHRAE 29 committee for consideration.
(Hoshizaki, No. 14, p. 4; AHRI, No. 14, p. 5)
Joint Commenters supported DOE's proposal to introduce a water
hardness requirement to improve the reproducibility of the test
procedure. (Joint Commenters, No. 15, p. 2) The Joint Commenters added
that since the hardness of tap water varies throughout the U.S., DOE's
proposal to establish a water hardness condition will likely increase
the reproducibility of the test procedure, and therefore stated support
for DOE's proposal to establish a maximum water hardness for testing of
180 mg/L, which will exclude very hard water. Id.
AHRI commented that different regions experience hard water that
can consistently exceed 180 mg/L, so this issue would need to be
evaluated across regions to ensure that undue burden is not being
unfairly inflicted on specific areas of the country. (AHRI, No. 14, p.
5) During the January 24, 2022 ACIM test procedure public meeting, True
Manufacturing commented that their test facilities have potable water
that is approximately 300 mg/L all year long.\23\
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\23\ See page 40; <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0012">www.regulations.gov/document/EERE-2017-BT-TP-0006-0012</a>.
---------------------------------------------------------------------------

IOM commented that although DOE's test data showed that harvest
rate increases and energy use decreases when increasing calcium
carbonate concentration, DOE does not provide any details on the
characteristics of their test water besides calcium carbonate
concentration. (IOM, No. 11, p. 2) If the ``very soft'' water was
created by softening the ``very hard'' sample water using a salt-based
ion-exchange water softener, the total dissolved solids (TDS) of the
test water would remain the same, as ion-exchange systems simply
replace calcium and magnesium with sodium chloride. Id. The act of
softening ``very hard'' water creates a high salinity solution which
might affect the freezing point of water, causing the diminished
performance seen with ``very soft'' water. Id.
IOM commented the only way to reliably supply consistent test water
to IOM's laboratory with specifications around calcium carbonate
concentration would be to implement reverse osmosis systems, which are
costly to install and maintain, and consume a significant amount of
energy during use. (IOM, No. 11, p. 2)
IOM requested that if DOE were to implement this rule, it should
only be applicable to the potable water used to make ice, unless DOE is
able to demonstrate that hardness has an effect on energy consumption
in water-cooled ACIMs. (IOM, No. 11, p. 2)
Comments from interested parties indicated that some ACIM test
facilities have potable water with water hardness above of 180 mg/L of
calcium carbonate and that softening or controlling the water hardness
would impose a burden on certain manufacturers. DOE acknowledges that
DOE's expectation in the December 2021 NOPR that any test facilities in
locations with water supply hardness greater than 180 mg/L would likely
already incorporate water softening controls was incorrect and
therefore, updates to certain existing test facilities would be needed
to control for water hardness. Although the USGS designates water
hardness above of 180 mg/L of calcium carbonate as very hard water, DOE
has determined that further investigation is necessary before
establishing a water hardness test condition and is declining to
specify a water hardness range for ACIM testing in this final rule. DOE
notes that because a specific water hardness range is not specified,
all water hardness levels will be considered valid for ACIM testing.
c. Ambient Temperature Gradient
The current ACIM test procedure incorporates by reference section
5.1.1 of ASHRAE Standard 29-2009, which stipulates that, with the ice
maker at rest, the vertical ambient temperature gradient in any foot of
vertical distance from 2 inches above the floor or supporting platform
to a height of 7 feet above the floor, or to a height of 1 foot above
the top of the ice maker cabinet, whichever is greater, shall not
exceed 0.5 [deg]F/foot. This language, which is consistent with the
requirement in section 5.1.1 of ASHRAE Standard 29-2015, is consistent
with the test room requirements for residential refrigerators, as
specified in section 7.2 of ANSI-AHAM Standard HRF-1-1979, ``Household
Refrigerators, Combination Refrigerator-Freezers, and Household
Freezers'' (ANSI/AHAM HRF-1-1979), the version of the AHAM standard
that was incorporated by reference in the DOE test procedure for
residential refrigerators in a final rule published August 10, 1982. 47
FR 34517. DOE modified the requirements associated with temperature
gradient for residential refrigerators, in a final rule published April
21, 2014, to remove the reference to a 7 feet height requirement and
require only that the gradient be maintained to a height 1 foot higher
than the top of the unit. 79 FR 22320, 22335.
In the December 2021 NOPR, DOE did not propose any changes to the
ambient temperature gradient requirements, except through an updated
reference to ASHRAE Standard 29-2015, and requested comment on this
approach and on whether any modifications would improve test accuracy
or decrease test burden. 86 FR 72322, 72338.
In response to the December 2021 NOPR, Hoshizaki commented that if
ASHRAE 29-2015 is adopted, it supports use of the ambient temperature
gradient requirements in that edition. (Hoshizaki, No. 14, p. 4) AHRI
agreed with the adoption of ASHRAE Standard 29-2015 and its gradient
requirements. (AHRI, No. 13, p. 5)
DOE is maintaining in this final rule the existing ambient
temperature gradient requirements, through an updated reference to
ASHRAE Standard 29-2015.

[[Page 65877]]

d. Ambient Temperature and Water Temperature
The current DOE ACIM test procedure incorporates by reference AHRI
810-2007, which specifies an ambient temperature of 90 [deg]F and a
supply water temperature of 70 [deg]F. AHRI Standard 810 (I-P)-2016
with Addendum 1 provides the same specifications. However, many ice
makers may be installed in conditioned environments such as offices,
schools, hospitals, hotels, and convenience stores (see 80 FR 4646,
4700 (Jan. 28, 2015)), which may have ambient air temperatures and
supply water temperatures higher or lower than those specified in AHRI
Standard 810.
In the December 2021 NOPR, DOE proposed to maintain the single set
of rating conditions currently required in the DOE test procedure. 86
FR 72322,72338. Specifically, DOE proposed to maintain the reference to
AHRI Standard 810, through AHRI Standard 810 (I-P)-2016 with Addendum
1, for rating conditions because those were selected as representative,
repeatable rating conditions of this equipment. Id. As noted, EPCA
requires that if AHRI Standard 810 is amended, DOE must amend the test
procedures for ACIM as necessary to be consistent with the amended AHRI
test standard, unless DOE determines, by rule, published in the Federal
Register and supported by clear and convincing evidence, that to do so
would not meet the requirements for test procedures regarding
representativeness and test burden. (42 U.S.C. 6314(7)(B)) DOE does not
have any contrary data or information regarding the representativeness
of the conditions specified in AHRI Standard 810 (I-P)-2016 with
Addendum 1.
In addition, the response of ACIM refrigeration systems to varying
ambient conditions is different than the response of refrigeration
systems in other refrigeration and heating, ventilation, and air-
conditioning (``HVAC'') equipment. Other refrigeration or HVAC
equipment are typically designed to maintain conditions within a space.
Accordingly, as ambient conditions change, the refrigeration systems
typically cycle (or in the case of variable-speed compressors, adjust
speed) to match the varying heat loads. In the case of ACIMs, the
refrigeration system continuously operates while actively making ice,
as heat is constantly removed from the water throughout the freezing
process. As a result, introducing a second lower-temperature test
condition would not result in part-load operation for ACIMs and would
not additionally differentiate between units based on a part-load
response, as is the case for other refrigeration or HVAC equipment.
Thus, in the December 2021 NOPR, DOE tentatively determined that the
existing test conditions provide representative, repeatable rating
conditions for this equipment, and DOE expected that the burden of
introducing a second test condition (which would approximately double
test duration) would not be justified. 86 FR 72322,72339.
In the December 2021 NOPR, DOE requested comment on its proposal to
maintain the existing ambient temperature and water supply temperature
requirements. If modifications should be considered to improve test
representativeness or decrease test burden, DOE requested supporting
data and information. 86 FR 72322,72339.
In response to the December 2021 NOPR, AHRI commented that the
current 90 [deg]F ambient temperature (which includes 90 [deg]F for
both the indoor ambient temperature and the condenser air inlet
temperature for ACIMs with remote condensing units) and 70 [deg]F water
inlet temperature test conditions are representative for much of the
installed base. (AHRI, No. 13, p. 6) AHRI stated that changing the test
point would disrupt historical data and understanding of the
performance of the equipment, for both manufacturers and consumers.
(Id.) Hoshizaki stated that the existing ambient temperature and water
supply temperature requirements provide representative, repeatable
rating conditions for this equipment. (Hoshizaki, No. 14, p. 4)
AHAM commented that the 90 [deg]F ambient temperature is applicable
to commercial settings but not residential settings and that any
measured energy use at a 90 [deg]F ambient temperature is not
representative of real-world use because most residential ice makers
are installed in air-conditioned spaces with ambient temperature closer
to 70 [deg]F. (AHAM, No. 18, p. 10) AHAM clarified that they are not
suggesting that DOE lower the proposed ambient temperature because most
of the test chambers used for residential ice maker manufacturers are
set to 90 [deg]F because that is the test condition required for other
refrigeration products. Id. AHAM stated that a second ambient condition
would create undue burden through additional resource, personnel, and
time requirements for testing. Id.
DOE is maintaining in this final rule the existing ambient
temperature and water supply temperature requirements.
e. Water Pressure
As discussed in section III.C and shown in Table III.2, ASHRAE
Standard 29-2015 now includes water pressure measurement requirements,
whereas ASHRAE Standard 29-2009 did not address water pressure. Section
6.3 of ASHRAE Standard 29-2015 directs that the pressure of the supply
water be measured within 8 inches of the ACIM and that the pressure
remains within the specified range (AHRI Standard 810-2007 and 2016
both specify 30 <plus-minus> 3 psig water supply) during the period of
time that water is flowing into the ACIM inlet(s).
Certain ACIMs do not continuously draw water into the unit during
the entire test. The portions of the test when the water inlet valve
begins to open may result in a short, transient state when the water
pressure falls outside of the allowable tolerance. Eliminating such
transient periods would likely require certain laboratories to re-
configure their water supply setups. Because of this burden and the
relatively low impact of these transient periods on water consumed
(i.e., the transient periods are typically very short relative to the
overall duration of water flow), in the December 2021 NOPR, DOE
proposed to allow for water pressure to be outside of the specified
tolerance for a short period of time when water begins flowing into the
unit. 86 FR 72322, 72339.
Section 2.4 of the DOE test procedure for consumer dishwashers
addresses this same issue by requiring that the specified water
pressure be achieved within 2 seconds of opening the water supply
valve. 10 CFR part 430, subpart B, appendix C1. The sampling rate in
section 5.7 of ASHRAE Standard 29-2015 requires a maximum interval
between data samples for water pressure of no more than 5 seconds.
Therefore, in the December 2021 NOPR, DOE proposed to clarify that
water pressure, when water is flowing into the ice maker, must be
within the allowable range within 5 seconds of opening the water supply
valve. 86 FR 72322, 72339. DOE did not expect that this proposal would
impact tested performance under the current DOE test procedure as it
provides additional specificity regarding the existing water pressure
requirements. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
require that water pressure when water is flowing into the ice maker be
within the allowable range within 5 seconds of opening the water supply
valve. 86 FR 72322, 72339.
In response to the December 2021 NOPR, IOM supported DOE's proposal

[[Page 65878]]

to allow 5 seconds after opening the water supply valve for water
pressure to be in the allowable range. (IOM, No. 11, p. 3) Hoshizaki
and AHRI commented they see the benefit to having an allowable range
for water supply pressure but requests this be addressed by the ASHRAE
29 standard committee to ensure a consensus of the committee to change
such requirements. (Hoshizaki, No. 14, p. 4; AHRI, No. 13, p. 6)
AHAM commented that the maximum five second sampling rate for water
pressure is unnecessary, impractical, burdensome, and adds difficulty
and complexity to the test procedure. (AHAM, No. 18, p. 12) AHAM
commented that energy measurement only needs a timestamp and Watt-hour
reading at the beginning and end of the test and that the intermediate
scans check for ambient and gradient temperatures which can have a
sampling rate of 30 seconds to one minute which is similar to the test
procedure for refrigeration products.\24\ Id. The sampling rate
proposed in the December 2021 NOPR is consistent with the industry test
standard requirements. DOE has determined that the industry standard
approach is appropriate because ACIMs typically have a shorter overall
test duration as compared to other refrigeration products, and for
batch type ACIMs, the water fills may represent only a portion of the
test period. Therefore, the more frequent sampling interval is
appropriate to ensure the required water pressure is maintained
throughout the water fill period, except for within the initial 5
seconds after opening the water supply valve.
---------------------------------------------------------------------------

\24\ See 10 CFR part 430, subpart B, appendices A and B.
---------------------------------------------------------------------------

DOE is maintaining in this final rule the requirement that water
pressure, when water is flowing into the ice maker, be within the
allowable range within 5 seconds of opening the water supply valve,
consistent with the December 2021 NOPR.
4. Test Setup and Equipment Configurations
Since publication of the January 2012 final rule, DOE has issued
two final guidance documents addressing certain aspects of the ACIM
test procedure: prohibiting the use of temporary baffles and requiring
use of a fixed purge water setting. As discussed in the following
paragraphs, DOE has reviewed the guidance documents to determine
whether they should be maintained and expressly included in the test
procedure. In addition, in reviewing the existing DOE ACIM test
procedure, DOE has determined that the representativeness and
repeatability of the test procedure could be further improved through
certain test setup and equipment configuration amendments as discussed
in the following paragraphs.
a. Temporary Baffles
After publication of the January 2012 final rule, DOE issued a
guidance document on September 24, 2013, regarding the use of temporary
baffles during testing.\25\ As described in the guidance, a baffle is a
partition, usually made of a flat material such as cardboard, plastic,
or sheet metal, that reduces or prevents recirculation of warm air from
an ice maker's air outlet to its air inlet, or, for remote condensers,
from the condenser's air outlet to its inlet. Temporary baffles refer
to those installed only temporarily during testing and are not part of
the ACIM model as distributed in commerce or installed in the field.
During testing, the use of temporary baffles can block recirculation of
warm condenser discharge air to the air inlet. This would reduce the
average temperature of the air entering the inlet, which would result
in lower energy use that would not be representative of the energy use
of the unit as operated by the end user.
---------------------------------------------------------------------------

\25\ See <a href="http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_baffles_faq_2013-9-24final.pdf">www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_baffles_faq_2013-9-24final.pdf</a>.
---------------------------------------------------------------------------

In the guidance document, DOE expressly stated that installing such
temporary baffles is inconsistent with the ACIM test procedure, which
states that the unit must be ``set up for testing according to the
manufacturer's written instruction provided with the unit'' and that
``no adjustments of any kind shall be made to the test unit prior to or
during the test that would affect the ice capacity, energy usage, or
water usage of the test sample.'' \26\ Therefore, DOE's final guidance
stated that the use of baffles to prevent recirculation of air between
the air outlet and inlet of the ice maker during testing is not
consistent with the DOE test procedure for automatic commercial ice
makers, unless the baffle is (a) a part of the ice maker or (b) shipped
with the ice maker to be installed according to the manufacturer's
installation instructions.
---------------------------------------------------------------------------

\26\ Section 4.1.4, ``Test Set Up,'' of AHRI Standard 810-2007
and AHRI Standard 810 (I-P)-2016 with Addendum 1.
---------------------------------------------------------------------------

Based on the final guidance document, DOE proposed in the December
2021 NOPR to define the term ``baffle'' consistent with the description
in the guidance document and to expressly prohibit the use of baffles
when testing of ACIMs unless the baffle is (a) a part of the ice maker
or (b) shipped with the ice maker to be installed according to the
manufacturer's installation instructions. 86 FR 72322, 72340. In the
December 2021 NOPR, DOE stated the proposed approach based on
manufacturer installation instruction is likely how an ice maker would
be installed during use and is most representative of the energy use of
ACIMs operated in the field. Id. DOE added that this proposal would not
add any burden or impact measured performance compared to the existing
test procedure, as it is consistent with how the test procedure
currently must be performed. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
expressly provide that a baffle must not be used when testing ACIMs
unless the baffle is (a) a part of the ice maker or (b) shipped with
the ice maker to be installed according to the manufacturer's
installation instructions. 86 FR 72322, 72340.
In response to the December 2021 NOPR, Hoshizaki and AHRI agreed
that the unit should be installed in accordance with the manufacturer's
installation instructions, and that baffles should only be used if
instructed to do so in installation instructions. (Hoshizaki, No. 14,
p. 4; AHRI, No. 13, p. 6)
AHAM commented that DOE's proposal to expressly provide that a
baffle must not be used when testing ACIMs unless the baffle is (a) a
part of the ice maker or (b) shipped with the ice maker to be installed
according to the manufacturer's installation instructions fails to
account for the differences between built-in and freestanding ice
makers (i.e., built-in products must be counter depth to be
incorporated into kitchen designs and be flush with cabinetry). (AHAM,
No. 18, p. 12) AHAM commented that applying the test as written may
penalize manufacturers of built-in products, as it is not
representative of their real-world use. Id.
The proposal to expressly provide that a baffle must not be used
when testing ACIMs unless the baffle is (a) a part of the ice maker or
(b) shipped with the ice maker to be installed according to the
manufacturer's installation instructions is representative because a
baffle is permitted to be used in testing if it is integral to the ice
maker or shipped with the ice maker and instructed to be installed in
the manufacturer's installation instructions. Regarding other
installation requirements, DOE provides a

[[Page 65879]]

discussion of clearances in section III.D.4.c of this final rule.
DOE is maintaining in this final rule the requirement that a baffle
must not be used when testing ACIMs unless the baffle is (a) a part of
the ice maker or (b) shipped with the ice maker to be installed
according to the manufacturer's installation instructions, consistent
with the December 2021 NOPR.
The guidance document issued by DOE on September 24, 2013, also
acknowledged that warm air discharged from an ice maker's outlet can
affect the ambient air temperature measurement such that it fluctuates
outside the maximum allowed <plus-minus>1 [deg]F or <plus-minus>2
[deg]F range, and that baffles can prevent such fluctuation. Because
temporary baffles are not permitted for use during testing, DOE stated
in the guidance document that if the ambient air temperature
fluctuations cannot be maintained within the required tolerances,
temperature measuring devices may be shielded so that the indicated
temperature will not be affected by the intermittent passing of warm
discharge air at the measurement location. DOE also stated that the
shields must not block recirculation of the warm discharge air into the
condenser or ice maker inlet.
Based on the final guidance document, in the December 2021 NOPR,
DOE proposed to specify in the test procedure that if the ambient air
temperature fluctuations (and relative humidity as discussed in section
III.D.3.a) cannot be maintained within the required tolerances,
temperature measuring devices (and relative humidity measuring devices)
may be shielded to limit the impact of intermittent passing of warm
discharge air at the measurement locations. 86 FR 72322, 72340. DOE
further proposed that if shields are used, they must not block
recirculation of the warm discharge air into the condenser or ice maker
inlet. Id. DOE did not expect this proposal to impact measured ACIM
performance compared to the existing test procedure, as it is
consistent with the existing test approach. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
specify that temperature measuring devices may be shielded to limit the
impact of intermittent warm discharge air at the measurement locations
and that if shields are used, they must not block recirculation of the
warm discharge air into the condenser or ice maker air inlet. 86 FR
72322, 72340.
In response to the December 2021 NOPR, Hoshizaki and AHRI agreed
with DOE's proposal to specify that temperature measuring devices may
be shielded to limit the impact of intermittent warm discharge air at
the measurement locations. (Hoshizaki, No. 14, p. 4; AHRI, No. 13, p.
6) However, Hoshizaki requested that this be addressed in the ASHRAE 29
standard committee. (Hoshizaki, No. 14, p. 4)
DOE is maintaining in this final rule the requirement that
temperature and relative humidity measuring devices may be shielded to
limit the impact of intermittent warm discharge air at the measurement
locations and that if shields are used, they must not block
recirculation of the warm discharge air into the condenser or ice maker
air inlet, consistent with the December 2021 NOPR.
In the December 2021 NOPR, DOE also requested comment on whether
any ACIM models discharge air such that the temperature and relative
humidity measuring devices would be unable to maintain the required
ambient air temperature or relative humidity tolerances even with the
measuring devices shielded. 86 FR 72322, 72340. If so, DOE requested
comment on whether alternate ambient air temperature and relative
humidity measurement locations would be necessary (e.g., the ambient
temperature measurement locations for water-cooled ice makers, if those
locations are not affected by condenser discharge air) and if the
ambient air temperature and relative humidity measured at the alternate
locations should be within the same tolerances as would otherwise be
required. Id.
In response to the December 2021 NOPR, Hoshizaki and AHRI commented
that they are not aware of a need for alternate ambient temperature
locations. (Hoshizaki, No. 14, p. 4; AHRI, No. 13, p. 6)
Based on comments from interested parties that alternate ambient
air temperature and relative humidity measurement locations are not
necessary, DOE is maintaining the current ambient measurement locations
for ACIM testing in this final rule, except as discussed in section
III.D.4.d.
b. Purge Settings
Purge water refers to water that is introduced into the ice maker
during an ice-making cycle to flush dissolved solids out of the ice
maker and prevent scale buildup on the ice maker's wetted surfaces. Ice
makers generally allow for setting the purge water controls to provide
different amounts of purge water or different frequencies of purge
cycles. Different amounts of purge water may be appropriate for
different levels of water hardness or contaminants in the ACIM water
supply. Most ice makers have manually set purge settings that provide a
fixed amount of purge water, but some ice makers include an automatic
purge water control setting that automatically adjusts the purge water
quantity based on the supply water hardness.
Because purge water is cooled by the ice maker, allowing a
different purge water quantity will result in a different measured
energy use. To ensure representative and consistent test results for
ice makers with automatic purge water controls, on September 25, 2013,
DOE issued final guidance stating that ice makers with automatic purge
water control should be tested using a fixed purge water setting that
is described in the written instructions shipped with the unit as being
appropriate for water of normal, typical, or average hardness.\27\ DOE
further stated that the automatic purge setting should not be used for
testing.
---------------------------------------------------------------------------

\27\ See <a href="http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_purge_faq_2013-9-25final.pdf">www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_purge_faq_2013-9-25final.pdf</a>.
---------------------------------------------------------------------------

Consistent with DOE's existing guidance, in the December 2021 NOPR,
DOE proposed that ice makers with automatic purge water control must be
tested using a fixed purge water setting that is described in the
manufacturer's written instructions shipped with the unit as being
appropriate for water of normal, typical, or average hardness. 86 FR
72322, 72341. Such a control setting is likely to reflect the most
typical ACIM installation and operation. Any other automatic purge
controls (i.e., those without any user-controllable settings) would
operate as they would during normal use. Additionally, while ACIMs may
be installed and set up by service technicians based on the
installation location, such setup is not appropriate for testing
because it may introduce variability in test settings based on the test
facility location. Consistent with DOE's existing guidance, DOE also
proposed that purge water settings described in the instructions as
suitable for use only with water that has higher or lower than normal
hardness (such as distilled water or reverse osmosis water) must not be
used for testing. Id.
DOE stated that this proposal would not conflict with any of the
setup or installation requirements in AHRI Standard 810 (I-P)-2016 with
Addendum 1. 86 FR 72322, 72341. Additionally, this proposal would not
add burden to manufacturers or impact ACIM performance as measured
under the existing test procedure, as it would codify the final
guidance document issued on September 25, 2013,

[[Page 65880]]

specifying use of a fixed purge setting. Id.
In the December 2021 NOPR, DOE requested comment on its proposal to
require ACIMs with automatic purge water control to be tested using a
fixed purge water setting that is described in the manufacturer's
written instructions shipped with the unit as being appropriate for
water of normal, typical, or average hardness. 86 FR 72322, 72342.
In response to the December 2021 NOPR, Hoshizaki and AHRI requested
that units be tested per normal operating instructions in accordance
with manufacturer installation instructions. (Hoshizaki, No. 14, p. 5;
AHRI, No. 13, p. 7)
DOE is maintaining in this final rule the requirement that ACIMs
with automatic purge water control be tested using a fixed purge water
setting that is described in the manufacturer's written instructions
shipped with the unit as being appropriate for water of normal,
typical, or average hardness, consistent with the December 2021 NOPR.
In support of the December 2021 NOPR, DOE conducted testing to
investigate the energy and water consumption associated with flush or
purge cycles. 86 FR 72322, 72341. DOE testing of a batch ACIM showed
that the purge occurred once every 5 hours under the default setting
and coincided with the start of a harvest, resulting in no separate
purge cycle. Id. Table III.9 summarizes how a purge cycle contributes
to the energy and water consumption of a continuous ACIM. Id. Table
III.10 presents DOE's estimates of the test durations under the
existing test approach and under an approach that would account for
purge operation. Id.

Table III.9--Summary of Energy & Water Consumption of a Continuous ACIM With Purge Cycle
----------------------------------------------------------------------------------------------------------------
Energy
Mode Average power consumption Average water
draw (W) (kWh) usage (lbs)
----------------------------------------------------------------------------------------------------------------
Ice Production.................................................. 936 11.23 * 275
Purge (every 12 hours by default)............................... 35 0.01 2.0
Recovery after Purge............................................ 1,062 0.08 N/A
----------------------------------------------------------------------------------------------------------------
* This number represents the harvest weight during the associated operating period. The total amount of water
used may be higher.
N/A: The water used during the recovery after purge does not differ from normal ice production.

Table III.10--Summary of Estimated Test Durations With and Without Including Purge Cycles
----------------------------------------------------------------------------------------------------------------
Duration (hours)
---------------------------------------------------------------
Existing ice Existing test Ice
Test unit production total production Test total
test (without (without test (with (with purge)
purge) purge) purge)
----------------------------------------------------------------------------------------------------------------
Continuous...................................... 2 8 12.5 18.5
Batch........................................... 2 8 5.5 11.5
----------------------------------------------------------------------------------------------------------------

DOE observed that purge cycles for both batch and continuous ACIMs
did not significantly contribute to the energy consumption over a
period of normal operation.
Accounting for purge cycle operation would require extending the
test period to capture both stable ice production and normal purge
operation.
The energy and water consumption during the flush or purge cycles
are very small relative to the energy and water consumed during normal
ice production, and the additional test burden associated with
measuring purge events would be a significant increase in test burden.
Therefore, in the December 2021 NOPR, DOE did not propose to address
flush or purge cycles in its test procedure. 86 FR 72322, 72342.
In the December 2021 NOPR, DOE requested comment on its initial
determination to not directly account for energy or water used during
intermittent flush or purge cycles. 86 FR 72322, 72342. DOE also
requested data regarding the energy and water use impacts of purge
cycles. Id.
In response to the December 2021 NOPR, Hoshizaki agreed with DOE
that the test should not be changed to account for intermittent flu

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