Proposed Rule2023-09676

Energy Conservation Program: Energy Conservation Standards for Automatic Commercial Ice Makers

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Published
May 11, 2023

Issuing agencies

Energy Department

Abstract

The Energy Policy and Conservation Act (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including automatic commercial ice makers. EPCA also requires the U.S. Department of Energy (DOE) to periodically determine whether more stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this notice of proposed rulemaking (NOPR), DOE proposes to amend and establish energy conservation standards for automatic commercial ice makers and also announces a public meeting to receive comment on these proposed standards and associated analyses and results.

Full Text

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<title>Federal Register, Volume 88 Issue 91 (Thursday, May 11, 2023)</title>
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[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Proposed Rules]
[Pages 30508-30596]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09676]



[[Page 30507]]

Vol. 88

Thursday,

No. 91

May 11, 2023

Part IV





Department of Energy





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10 CFR Part 431





Energy Conservation Program: Energy Conservation Standards for 
Automatic Commercial Ice Makers; Proposed Rule

Federal Register / Vol. 88 , No. 91 / Thursday, May 11, 2023 / 
Proposed Rules

[[Page 30508]]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2017-BT-STD-0022]
RIN 1904-AE47


Energy Conservation Program: Energy Conservation Standards for 
Automatic Commercial Ice Makers

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

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

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SUMMARY: The Energy Policy and Conservation Act (EPCA), as amended, 
prescribes energy conservation standards for various consumer products 
and certain commercial and industrial equipment, including automatic 
commercial ice makers. EPCA also requires the U.S. Department of Energy 
(DOE) to periodically determine whether more stringent standards would 
be technologically feasible and economically justified, and would 
result in significant energy savings. In this notice of proposed 
rulemaking (NOPR), DOE proposes to amend and establish energy 
conservation standards for automatic commercial ice makers and also 
announces a public meeting to receive comment on these proposed 
standards and associated analyses and results.

DATES: 
    Comments: DOE will accept comments, data, and information regarding 
this NOPR no later than July 10, 2023.
    Meeting: DOE will hold a meeting via a webinar on Wednesday, June, 
14, 2023, from 1:00 p.m. to 4:00 p.m. See section VII, ``Public 
Participation,'' for webinar registration information, participant 
instructions and information about the capabilities available to 
webinar participants.
    Comments regarding the likely competitive impact of the proposed 
standard should be sent to the Department of Justice contact listed in 
the ADDRESSES section on or before June 12, 2023.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket 
number EERE-2017-BT-STD-0022. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2017-BT-STD-0022, by any of the 
following methods:
    (1) Email: <a href="/cdn-cgi/l/email-protection#80c1c3c9cdb2b0b1b7d3d4c4b0b0b2b2c0e5e5aee4efe5aee7eff6"><span class="__cf_email__" data-cfemail="82c3c1cbcfb0b2b3b5d1d6c6b2b2b0b0c2e7e7ace6ede7ace5edf4">[email&#160;protected]</span></a>. Include the docket number 
EERE-2017-BT-STD-0022 in the subject line of the message.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(CD), in which case it is not necessary to include printed copies.
    (3) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section VII of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, 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 
information that is exempt from public disclosure.
    The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2017-BT-STD-0022">www.regulations.gov/docket/EERE-2017-BT-STD-0022</a>. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section VII of this document for information on how to submit comments 
through <a href="http://www.regulations.gov">www.regulations.gov</a>.
    EPCA requires the Attorney General to provide DOE a written 
determination of whether the proposed standard is likely to lessen 
competition. The U.S. Department of Justice Antitrust Division invites 
input from market participants and other interested persons with views 
on the likely competitive impact of the proposed standard. Interested 
persons may contact the Division at <a href="/cdn-cgi/l/email-protection#3b5e555e495c4215484f5a555f5a495f487b4e485f5451155c544d"><span class="__cf_email__" data-cfemail="80e5eee5f2e7f9aef3f4e1eee4e1f2e4f3c0f5f3e4efeaaee7eff6">[email&#160;protected]</span></a> on or 
before the date specified in the DATES section. Please indicate in the 
``Subject'' line of your email the title and Docket Number of this 
proposed rulemaking.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-0729. Email: <a href="/cdn-cgi/l/email-protection#5b1a2b2b37323a35383e082f3a353f3a293f280a2e3e282f323435281b3e3e753f343e753c342d"><span class="__cf_email__" data-cfemail="55142525393c343b36300621343b313427312604203026213c3a3b261530307b313a307b323a23">[email&#160;protected]</span></a>.
    Ms. Kristin Koernig, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-3595. Email: 
<a href="/cdn-cgi/l/email-protection#86cdf4eff5f2efe8a8cde9e3f4e8efe1c6eef7a8e2e9e3a8e1e9f0"><span class="__cf_email__" data-cfemail="3c774e554f485552127753594e52555b7c544d12585359125b534a">[email&#160;protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
287-1445 or by email: <a href="/cdn-cgi/l/email-protection#59182929353038373a3c0a2d38373d382b3d2a082c3c2a2d3036372a193c3c773d363c773e362f"><span class="__cf_email__" data-cfemail="68291818040109060b0d3b1c09060c091a0c1b391d0d1b1c0107061b280d0d460c070d460f071e">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Synopsis of the Proposed Rule
    A. Benefits and Costs to Consumers
    B. Impact on Manufacturers
    C. National Benefits and Costs
    D. Conclusion
II. Introduction
    A. Authority
    B. Background
    1. Current Standards
    2. History of Standards Rulemaking for Automatic Commercial Ice 
Makers
    C. Deviation From Process Rule
    1. Framework Document
    2. Public Comment Period
III. General Discussion
    A. General Comments
    B. Scope of Coverage
    C. Test Procedure
    D. Technological Feasibility
    1. General
    2. Maximum Technologically Feasible Levels
    E. Energy Savings
    1. Determination of Savings
    2. Significance of Savings
    F. Economic Justification
    1. Specific Criteria
    a. Economic Impact on Manufacturers and Consumers
    b. Savings in Operating Costs Compared to Increase in Price (LCC 
and PBP)
    c. Energy Savings
    d. Lessening of Utility or Performance of Products
    e. Impact of Any Lessening of Competition
    f. Need for National Energy Conservation
    g. Other Factors
    2. Rebuttable Presumption
IV. Methodology and Discussion of Related Comments
    A. Market and Technology Assessment
    1. Equipment Classes
    a. Low-Capacity Automatic Commercial Ice Makers
    2. Manufacturer Trade Groups
    3. Market Share
    4. Inventory
    5. Technology Options
    a. Compressors
    b. Microchannel Condensers

[[Page 30509]]

    B. Screening Analysis
    1. Screened-Out Technologies
    a. Increased Condenser Air Flow
    b. Reduced Energy Loss Due to Evaporator Thermal Cycling
    c. Larger Diameter Remote Suction Line
    d. Reduced Potable Water Use (<20 Gal/100 lb Ice)
    2. Remaining Technologies
    C. Engineering Analysis
    1. Efficiency Analysis
    a. Baseline Energy Use
    b. Higher Efficiency Levels
    2. Cost Analysis
    3. Cost-Efficiency Results
    4. Manufacturer Selling Price
    D. Markups Analysis
    E. Energy and Water Use Analysis
    1. Ice Storage
    2. Scaling
    3. Harvest Rate
    4. Duty Cycle
    5. Low-Capacity ACIM Equipment
    6. Water Use
    F. Life-Cycle Cost and Payback Period Analysis
    1. Equipment Cost
    2. Installation Cost
    3. Annual Energy Consumption
    4. Energy Prices
    5. Water Prices
    6. Maintenance and Repair Costs
    7. Equipment Lifetime
    8. Discount Rates
    9. Energy Efficiency Distribution in the No-New-Standards Case
    10. Payback Period Analysis
    G. Shipments Analysis
    H. National Impact Analysis
    1. Equipment Efficiency Trends
    2. National Energy Savings
    3. Net Present Value Analysis
    I. Consumer Subgroup Analysis
    J. Manufacturer Impact Analysis
    1. Overview
    2. Government Regulatory Impact Model and Key Inputs
    a. Manufacturer Production Costs
    b. Shipments Projections
    c. Product and Capital Conversion Costs
    d. Manufacturer Markup Scenarios
    3. Manufacturer Interviews
    a. Refrigerant Regulation
    b. Scope Expansion
    c. Supply Chain Concerns
    4. Discussion of MIA Comments
    K. Emissions Analysis
    1. Air Quality Regulations Incorporated in DOE's Analysis
    L. Monetizing Emissions Impacts
    1. Monetization of Greenhouse Gas Emissions
    a. Social Cost of Carbon
    b. Social Cost of Methane and Nitrous Oxide
    2. Monetization of Other Emissions Impacts
    M. Utility Impact Analysis
    N. Employment Impact Analysis
V. Analytical Results and Conclusions
    A. Trial Standard Levels
    B. Economic Justification and Energy Savings
    1. Economic Impacts on Individual Consumers
    a. Life-Cycle Cost and Payback Period
    b. Consumer Subgroup Analysis
    c. Rebuttable Presumption Payback
    2. Economic Impacts on Manufacturers
    a. Industry Cash Flow Analysis Results
    b. Direct Impacts on Employment
    c. Impacts on Manufacturing Capacity
    d. Impacts on Subgroups of Manufacturers
    e. Cumulative Regulatory Burden
    3. National Impact Analysis
    a. Significance of Energy Savings
    b. Significance of Water Savings
    c. Net Present Value of Consumer Costs and Benefits
    d. Indirect Impacts on Employment
    4. Impact on Utility or Performance of Equipment
    5. Impact of Any Lessening of Competition
    6. Need of the Nation To Conserve Energy
    7. Other Factors
    8. Summary of Economic Impacts
    C. Conclusion
    1. Benefits and Burdens of TSLs Considered for Automatic 
Commercial Ice Maker Standards
    2. Annualized Benefits and Costs of the Proposed Standards
    D. Reporting, Certification, and Sampling Plan
VI. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866, 13563, and 14904
    B. Review Under the Regulatory Flexibility Act
    1. Description of Reasons Why Action Is Being Considered
    2. Objectives of, and Legal Basis for, Rule
    3. Description on Estimated Number of Small Entities Regulated
    4. Description and Estimate of Compliance Requirements Including 
Differences in Cost, if Any, for Different Groups of Small Entities
    5. Duplication, Overlap, and Conflict With Other Rules and 
Regulations
    6. Significant Alternatives to the Rule
    C. Review Under the Paperwork Reduction Act
    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 the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Information Quality
VII. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    1. Conduct of the Webinar
    C. Submission of Comments
    D. Issues on Which DOE Seeks Comment
VIII. Approval of the Office of the Secretary

I. Synopsis of the Proposed Rule

    The Energy Policy and Conservation Act, Public Law 94-163, 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 of EPCA,\2\ established the Energy 
Conservation Program for Certain Industrial Equipment. (42 U.S.C. 6311-
6317) This includes automatic commercial ice maker (ACIM) equipment, 
the subject of this proposed rulemaking.
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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 reflects 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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    Pursuant to EPCA, any new or amended energy conservation standard 
must be designed to achieve the maximum improvement in energy 
efficiency that DOE determines is technologically feasible and 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(A)) 
Furthermore, the new or amended standard must result in a significant 
conservation of energy. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(3)(B)) 
EPCA also provides that, not later than 6 years after issuance of any 
final rule establishing or amending a standard, DOE must publish either 
a notice of determination that standards for the equipment do not need 
to be amended, or a NOPR including new proposed energy conservation 
standards (proceeding to a final rule, as appropriate). (42 U.S.C. 
6316(a); 42 U.S.C. 6295(m))
    In accordance with these and other statutory provisions discussed 
in this document, DOE proposes to amend energy conservation standards 
for automatic commercial ice makers and to establish new energy 
conservation standards for covered equipment not yet subject to energy 
conservation standards. The proposed standards, which are expressed in 
the maximum allowable energy use as a function of the harvest rate of 
the given equipment, are shown in Table I.1 and Table I.2. These 
proposed standards, if adopted, would apply to all automatic commercial 
ice makers listed in Table I.1 and Table I.2 manufactured in, or 
imported into, the United States on or after the date that is (1) 3 
years after the date on which the final amended standard is published 
or (2) if the Secretary determines, by rule, that 3 years is 
inadequate, not later than 5 years after the date on which the final 
amended standard is published. (42 U.S.C. 6313(d)(2)(B) and (3)(B))
    DOE notes that the U.S. Environmental Protection Agency (EPA) 
proposed refrigerant restrictions pursuant to the American Innovation

[[Page 30510]]

and Manufacturing Act (AIM Act) \3\ affecting automatic commercial ice 
makers in a NOPR published on December 15, 2022 (December 2022 EPA 
NOPR). 87 FR 76738. The proposal would prohibit manufacture or import 
of such ice makers starting January 1, 2025, and would ban sale, 
distribution, purchase, receipt, or export of such ice makers starting 
January 1, 2026. Id. at 87 FR 76809. See section IV.A.5.a of this 
document for more details. DOE understands that it would be beneficial 
to ACIM equipment manufacturers to align the compliance date of any DOE 
amended or established standards as closely as possible with the 
refrigerant prohibition dates proposed by the December 2022 EPA NOPR. 
Therefore, DOE is proposing that the proposed standards, if adopted, 
would apply to all automatic commercial ice makers listed in Table I.1 
and Table I.2 manufactured in, or imported into, the United States on 
or after the date that is 3 years after the date on which the final 
amended standard is published.
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    \3\ Under subsection (i) of the AIM Act, entitled ``Technology 
Transitions,'' the EPA may by rule restrict the use of 
hydrofluorocarbons (HFCs) in sectors or subsectors where they are 
used. A person or entity may also petition EPA to promulgate such a 
rule. ``H.R.133--116th Congress (2019-2020): Consolidated 
Appropriations Act, 2021.'' <a href="http://Congress.gov">Congress.gov</a>, Library of Congress, 27 
December 2020, <a href="http://www.congress.gov/bill/116thcongress/house-bill/133">www.congress.gov/bill/116thcongress/house-bill/133</a>.

                               Table I.1--Proposed Energy Conservation Standards for Batch Automatic Commercial Ice Makers
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Equipment type                    Type of.......              Harvest rate (lb ice/24 hours)             Maximum.................  Maximum
                                  cooling.......                                                         energy use *............  condenser
                                                                                                         (kWh/100 lb ice)........  water use **
                                                                                                                                   (gal/100 lb ice)
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Ice-Making Head.................  Water.........                       >50 and <300                      6.49-0.0055H............  200-0.022H
Ice-Making Head.................  Water.........                      >=300 and <785                     5.41-0.00191H...........  200-0.022H
Ice-Making Head.................  Water.........                     >=785 and <1,500                    4.13-0.00028H...........  200-0.022H
Ice-Making Head.................  Water.........                    >=1,500 and <2,500                   4.......................  200-0.022H
Ice-Making Head.................  Water.........                    >=2,500 and <4,000                   4.......................  145
Ice-Making Head.................  Air...........                       >50 and <300                      9.4-0.01233H............  NA
Ice-Making Head.................  Air...........                      >=300 and <727                     6.45-0.0025H............  NA
Ice-Making Head.................  Air...........                     >=727 and <1,500                    5.09-0.00063H...........  NA
Ice-Making Head.................  Air...........                    >=1,500 and <4,000                   4.23....................  NA
Remote Condensing (but Not        Air...........                       >50 and <988                      7.83-0.00342H...........  NA
 Remote Compressor).
Remote Condensing (but Not        Air...........                     >=988 and <4,000                    4.45....................  NA
 Remote Compressor).
Remote Condensing and Remote      Air...........                       >50 and <930                      7.82-0.00342H...........  NA
 Compressor.
Remote Condensing and Remote      Air...........                     >=930 and <4,000                    4.64....................  NA
 Compressor.
Self-Contained..................  Water.........                       >50 and <200                      8.18-0.019H.............  191-0.0315H
Self-Contained..................  Water.........                     >=200 and <2,500                    4.38....................  191-0.0315H
Self-Contained..................  Water.........                    >=2,500 and <4,000                   4.38....................  112
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Self-Contained..................  Air...........     <=50  Portable:
                                                              <=38.....................................  19.43-0.27613H..........  NA
                                                          ----------------------------------------------------------------------------------------------
                                                              >38 and <=50.............................  8.94....................  NA
                                                          ----------------------------------------------------------------------------------------------
                                                           Refrigerated Storage........................  29.8-0.37063H...........  NA
                                                          ----------------------------------------------------------------------------------------------
                                                           Not Portable or Refrigerated Storage........  21.08-0.19634H..........  NA
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Self-Contained..................  Air...........                       >50 and <134                      13.61-0.0469H...........  NA
Self-Contained..................  Air...........                      >=134 and <200                     10.72-0.02533H..........  NA
Self-Contained..................  Air...........                     >=200 and <4,000                    5.65....................  NA
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* H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate.
** Water use is for the condenser only and does not include potable water used to make ice.


                            Table I.2--Proposed Energy Conservation Standards for Continuous Automatic Commercial Ice Makers
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Equipment type                    Type of.......              Harvest rate (lb ice/24 hours)             Maximum.................  Maximum
                                  cooling.......                                                         energy use *............  condenser
                                                                                                         (kWh/100 lb ice)........  water use **
                                                                                                                                   (gal/100 lb ice)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ice-Making Head.................  Water.........                       >50 and <801                      6.24-0.00267H...........  180-0.0198H
Ice-Making Head.................  Water.........                     >=801 and <1,500                    4.1.....................  180-0.0198H
Ice-Making Head.................  Water.........                    >=1,500 and <2,500                   4.34....................  180-0.0198H
Ice-Making Head.................  Water.........                    >=2,500 and <4,000                   4.34....................  130.5
Ice-Making Head.................  Air...........                       >50 and <310                      7.49-0.00629H...........  NA
Ice-Making Head.................  Air...........                      >=310 and <820                     6.53-0.0032H............  NA
Ice-Making Head.................  Air...........                     >=820 and <1,500                    3.91....................  NA
Ice-Making Head.................  Air...........                    >=1,500 and <4,000                   4.67....................  NA
Remote Condensing (but Not        Air...........                       >50 and <800                      9.24-0.0058H............  NA
 Remote Compressor).
Remote Condensing (but Not        Air...........                     >=800 and <4,000                    4.6.....................  NA
 Remote Compressor).
Remote Condensing and Remote      Air...........                       >50 and <800                      9.42-0.0058H............  NA
 Compressor.
Remote Condensing and Remote      Air...........                     >=800 and <4,000                    4.78....................  NA
 Compressor.
Self-Contained..................  Water.........                       >50 and <900                      6.5-0.00302H............  153-0.0252H
Self-Contained..................  Water.........                     >=900 and <2,500                    3.78....................  153-0.0252H
Self-Contained..................  Water.........                    >=2,500 and <4,000                   3.78....................  90
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self-Contained..................  Air...........     <=50  Portable....................................  22.99-0.27789H..........  NA
                                                          ----------------------------------------------------------------------------------------------
                                                           Not Portable................................  24.51-0.29623H..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Self-Contained..................  Air...........                       >50 and <149                      11.2-0.03H..............  NA
Self-Contained..................  Air...........                      >=149 and <700                     7.66-0.00624H...........  NA

[[Page 30511]]

 
Self-Contained..................  Air...........                     >=700 and <4,000                    3.29....................  NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate.
** Water use is for the condenser only and does not include potable water used to make ice.

    DOE requests comments on its proposal to require that the proposed 
standards, if adopted, would apply to all automatic commercial ice 
makers listed in Table I.1 and Table I.2 manufactured in, or imported 
into, the United States on or after the date that is 3 years after the 
date on which the final amended standard is published. More generally, 
DOE requests comment on whether it would be beneficial to ACIM 
equipment manufacturers to align the compliance date of any DOE amended 
or established standards as closely as possible with the refrigerant 
prohibition dates proposed by the December 2022 EPA NOPR.

A. Benefits and Costs to Consumers

    Table I.3 presents DOE's evaluation of the economic impacts of the 
proposed standards on consumers of automatic commercial ice makers, as 
measured by the average life-cycle cost (LCC) savings and the simple 
payback period (PBP).\4\ The average LCC savings are positive for all 
equipment classes, and the PBP is less than the average lifetime of 
automatic commercial ice makers, which is estimated to be 8.5 years for 
high-capacity automatic commercial ice makers and 7.5 years for low-
capacity ACIM equipment (B-SC-A (Portable ACIM) (<=38), B-SC-A 
(Refrigerated Storage ACIM), and B-SC-A (<=50). See section IV.F.7 of 
this document.
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    \4\ The average LCC savings refer to consumers that are affected 
by a standard and are measured relative to the efficiency 
distribution in the no-new-standards case, which depicts the market 
in the compliance year in the absence of new or amended standards 
(see section IV.F.10 of this document). The simple PBP, which is 
designed to compare specific efficiency levels, is measured relative 
to the baseline product (see section IV.C of this document).

     Table I.3--Impacts of Proposed Energy Conservation Standards on
              Consumers of Automatic Commercial Ice Makers
------------------------------------------------------------------------
                                         Average LCC
           Equipment class                savings *      Simple payback
                                           (2022$)       period  (years)
------------------------------------------------------------------------
B-IMH-W (>=300 and <785)............                 0               0.0
B-IMH-W (>=785 and <1,500)..........                 0               0.0
B-IMH-A (>=300 and <727)............                22               4.4
B-IMH-A (>=727 and <1,500)..........               232               3.4
B-RC(NRC)-A (>=988 and <4,000)......                37               5.2
B-SC-A (Portable ACIM) (<=38).......                 1               3.8
B-SC-A (Refrigerated Storage ACIM)..                 3               2.1
B-SC-A (<=50).......................                 8               5.7
B-SC-A (>50 and <134)...............                 0               0.0
B-SC-A (>=200 and <4,000)...........                21               6.0
C-IMH-W (>50 and <801)..............                 0               0.0
C-IMH-A (>=310 and <820)............                 3               4.8
C-RC&RC-A (>=800 and <4,000)........               162               4.2
C-SC-A (>50 and <149)...............                 7               5.3
C-SC-A (>=149 and <700).............                 2               5.7
------------------------------------------------------------------------
B = batch; C = continuous.
IMH = ice making head; SC = self-contained; RC = remote condensing.
W = water type of cooling; A = air type of cooling.
Number in parentheses indicates harvest rate.
* The savings represent the average LCC for affected consumers.

    DOE's analysis of the impacts of the proposed standards on 
consumers is described in section IV.F of this document.

B. Impact on Manufacturers \5\
---------------------------------------------------------------------------

    \5\ All monetary values in this document are expressed in 2022 
dollars.
---------------------------------------------------------------------------

    The industry net present value (INPV) is the sum of the discounted 
cash flows to the industry from the NOPR publication year through the 
end of the analysis period (2023-2056). Using a real discount rate of 
9.2 percent, DOE estimates that the INPV for manufacturers of automatic 
commercial ice makers in the case without new or amended standards is 
$96.4 million. Under the proposed standards, the change in INPV is 
estimated to range from -14.4 percent to -12.0 percent, which is 
approximately -$13.9 million to -$11.5 million. To bring equipment into 
compliance with new and amended standards, it is estimated that the 
industry would incur total conversion costs of $15.9 million.
    DOE's analysis of the impacts of the proposed standards on 
manufacturers is described in section IV.J of this document. The 
results of the manufacturer impact analysis (MIA) are presented in 
section V.B.2 of this document.

C. National Benefits and Costs

    DOE's analyses indicate that the proposed energy conservation 
standards for automatic commercial ice makers would save a significant 
amount of

[[Page 30512]]

energy. Relative to the case without amended standards, the lifetime 
energy savings for automatic commercial ice makers purchased in the 30-
year period that begins in the anticipated year of compliance with the 
amended standards (2027-2056) amount to 0.16 quadrillion British 
thermal units (Btu) or quads.\6\ This represents a savings of 4 percent 
relative to the energy use of this equipment in the case without 
amended standards (referred to as the ``no-new-standards case'').
---------------------------------------------------------------------------

    \6\ The quantity refers to full-fuel-cycle (FFC) energy savings. 
FFC energy savings includes the energy consumed in extracting, 
processing, and transporting primary fuels (i.e., coal, natural gas, 
petroleum fuels), and, thus, presents a more complete picture of the 
impacts of energy efficiency standards. For more information on the 
FFC metric, see section IV.H.1 of this document.
---------------------------------------------------------------------------

    The cumulative net present value (NPV) of total consumer benefits 
of the proposed standards for automatic commercial ice makers ranges 
from $0.14 billion (at a 7-percent discount rate) to $0.38 billion (at 
a 3-percent discount rate). This NPV expresses the estimated total 
value of future operating-cost savings minus the estimated increased 
product costs for automatic commercial ice makers purchased in 2027-
2056.
    In addition, the proposed standards for automatic commercial ice 
makers are projected to yield significant environmental benefits. DOE 
estimates that the proposed standards would result in cumulative 
emission reductions (over the same period as for energy savings) of 5 
million metric tons (Mt) \7\ of carbon dioxide (CO<INF>2</INF>), 2 
thousand tons of sulfur dioxide (SO<INF>2</INF>), 8 thousand tons of 
nitrogen oxides (NO<INF>X</INF>), 36 thousand tons of methane 
(CH<INF>4</INF>), 0.06 thousand tons of nitrous oxide (N<INF>2</INF>O), 
and 0.015 tons of mercury (Hg).\8\
---------------------------------------------------------------------------

    \7\ A metric ton is equivalent to 1.1 short tons. Results for 
emissions other than CO<INF>2</INF> are presented in short tons.
    \8\ DOE calculated emissions reductions relative to the no-new-
standards case, which reflects key assumptions in the Annual Energy 
Outlook 2022 (AEO2022). AEO2022 represents current Federal and state 
legislation and final implementation of regulations as of the time 
of its preparation. See section IV.K of this document for further 
discussion of AEO2022 assumptions that affect air pollutant 
emissions.
---------------------------------------------------------------------------

    DOE estimates the value of climate benefits from a reduction in 
greenhouse gases (GHGs) using four different estimates of the social 
cost of CO<INF>2</INF> (SC-CO<INF>2</INF>), the social cost of methane 
(SC-CH<INF>4</INF>), and the social cost of nitrous oxide (SC-
N<INF>2</INF>O). Together these represent the social cost of GHGs (SC-
GHGs). DOE used interim SC-GHG values developed by an Interagency 
Working Group on the Social Cost of Greenhouse Gases (IWG).\9\ The 
derivation of these values is discussed in section IV.L of this 
document. For presentation purposes, the climate benefits associated 
with the average SC-GHG at a 3-percent discount rate are estimated to 
be $0.24 billion. DOE does not have a single central SC-GHG point 
estimate, and DOE emphasizes the importance and value of considering 
the benefits calculated using all four sets of SC-GHG estimates.
---------------------------------------------------------------------------

    \9\ To monetize the benefits of reducing GHG emissions this 
analysis uses the interim estimates presented in the Technical 
Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide 
Interim Estimates Under Executive Order 13990 published in February 
2021 by the IWG. (``February 2021 SC-GHG TSD''). <a href="http://www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf">www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf</a>.
---------------------------------------------------------------------------

    DOE estimated the monetary health benefits of SO<INF>2</INF> and 
NO<INF>X</INF> emissions reductions using benefit per ton estimates 
from the scientific literature, as discussed in section IV.L of this 
document. DOE estimated the present value of the health benefits would 
be $0.24 billion using a 7-percent discount rate, and $0.56 billion 
using a 3-percent discount rate.\10\ DOE is currently only monetizing 
(for SO<INF>2</INF> and NO<INF>X</INF>) PM<INF>2.5</INF> precursor 
health benefits and (for NO<INF>X</INF>) ozone precursor health 
benefits but will continue to assess the ability to monetize other 
effects, such as health benefits, from reductions in direct 
PM<INF>2.5</INF> emissions.
---------------------------------------------------------------------------

    \10\ DOE estimates the economic value of these emissions 
reductions resulting from the considered TSLs for the purpose of 
complying with the requirements of Executive Order 12866.
---------------------------------------------------------------------------

    Table I.4 summarizes the monetized benefits and costs expected to 
result from the proposed standards for automatic commercial ice makers. 
There are other important unquantified effects, including certain 
unquantified climate benefits, unquantified public health benefits from 
the reduction of toxic air pollutants and other emissions, unquantified 
energy security benefits, and distributional effects, among others.

  Table I.4--Summary of Monetized Benefits and Costs of Proposed Energy
   Conservation Standards for Automatic Commercial Ice Makers (TSL 3)
------------------------------------------------------------------------
                                                           Billion $2022
------------------------------------------------------------------------
                            3% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings.........................            0.88
Climate Benefits *......................................            0.24
Health Benefits **......................................            0.56
                                                         ---------------
    Total Benefits [dagger].............................            1.68
Consumer Incremental Product Costs [Dagger].............            0.51
                                                         ---------------
    Net Benefits........................................            1.17
------------------------------------------------------------------------
                            7% discount rate
------------------------------------------------------------------------
Consumer Operating Cost Savings.........................            0.42
Climate Benefits * (3% discount rate)...................            0.24
Health Benefits **......................................            0.24
                                                         ---------------
    Total Benefits [dagger].............................            0.89
Consumer Incremental Product Costs [Dagger].............            0.28
                                                         ---------------
    Net Benefits........................................            0.61
------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with
  equipment shipped in 2027-2056. These results include benefits to
  consumers which accrue after 2056 from the products shipped in 2027-
  2056.

[[Page 30513]]

 
* Climate benefits are calculated using four different estimates of the
  SC-CO2, SC-CH4, and SC-N2O (model average at 2.5-percent, 3-percent,
  and 5-percent discount rates; 95th percentile at 3-percent discount
  rate) (see section IV.L of this proposed rulemaking). Together these
  represent the global SC-GHG. For presentational purposes of this
  table, the climate benefits associated with the average SC-GHG at a 3-
  percent discount rate are shown; however, DOE emphasizes the
  importance and value of considering the benefits calculated using all
  four sets of SC-GHG estimates. To monetize the benefits of reducing
  GHG emissions, this analysis uses the interim estimates presented in
  the Technical Support Document: Social Cost of Carbon, Methane, and
  Nitrous Oxide Interim Estimates Under Executive Order 13990 published
  in February 2021 by the IWG.
** Health benefits are calculated using benefit-per-ton values for NOX
  and SO2. DOE is currently only monetizing (for SO2 and NOX) PM2.5
  precursor health benefits and (for NOX) ozone precursor health
  benefits but will continue to assess the ability to monetize other
  effects such as health benefits from reductions in direct PM2.5
  emissions. See section IV.L of this document for more details.
[dagger] Total and net benefits include those consumer, climate, and
  health benefits that can be quantified and monetized. For presentation
  purposes, total and net benefits for both the 3-percent and 7-percent
  cases are presented using the average SC-GHG with 3-percent discount
  rate.
[Dagger] Costs include incremental equipment costs as well as
  installation costs.

    The benefits and costs of the proposed standards can also be 
expressed in terms of annualized values. The monetary values for the 
total annualized net benefits are (1) the reduced consumer operating 
costs, minus (2) the increase in product purchase prices and 
installation costs, plus (3) the value of climate and health benefits 
of emission reductions, all annualized.\11\
---------------------------------------------------------------------------

    \11\ To convert the time-series of costs and benefits into 
annualized values, DOE calculated a present value in 2022, the year 
used for discounting the NPV of total consumer costs and savings. 
For the benefits, DOE calculated a present value associated with 
each year's shipments in the year in which the shipments occur 
(e.g., 2030), and then discounted the present value from each year 
to 2022. Using the present value, DOE then calculated the fixed 
annual payment over a 30-year period, starting in the compliance 
year, that yields the same present value.
---------------------------------------------------------------------------

    The national operating cost savings are domestic private U.S. 
consumer monetary savings that occur as a result of purchasing the 
covered equipment and are measured for the lifetime of ACIM equipment 
shipped in 2027-2056. The benefits associated with reduced emissions 
achieved as a result of the proposed standards are also calculated 
based on the lifetime of ACIM equipment shipped in 2027-2056. Total 
benefits for both the 3-percent and 7-percent cases are presented using 
the average GHG social costs with a 3-percent discount rate. Estimates 
of SC-GHG values are presented for all four discount rates in section 
IV.L of this document.
    Table I.5 presents the total estimated monetized benefits and costs 
associated with the proposed standard, expressed in terms of annualized 
values. The results under the primary estimate are discussed in the 
following paragraphs.
    Using a 7-percent discount rate for consumer benefits and costs and 
health benefits from reduced NO<INF>X</INF> and SO<INF>2</INF> 
emissions, and the 3-percent discount rate case for climate benefits 
from reduced GHG emissions, the estimated cost of the standards 
proposed in this rule is $29 million per year in increased equipment 
costs, while the estimated annual benefits are $44 million in reduced 
equipment operating costs, $14 million in climate benefits, and $25 
million in health benefits. In this case, the net benefit would amount 
to $53 million per year.
    Using a 3-percent discount rate for all benefits and costs, the 
estimated cost of the proposed standards is $29 million per year in 
increased equipment costs, while the estimated annual benefits are $51 
million in reduced operating costs, $14 million in climate benefits, 
and $32 million in health benefits. In this case, the net benefit would 
amount to $67 million per year.

 Table I.5--Annualized Benefits and Costs of Proposed Energy Conservation Standards for Automatic Commercial Ice
                                                     Makers
                                                     [TSL 3]
----------------------------------------------------------------------------------------------------------------
                                                                                Million 2022$/year
                                                                 -----------------------------------------------
                                                                                     Low-net-        High-net-
                                                                      Primary        benefits        benefits
                                                                     estimate        estimate        estimate
----------------------------------------------------------------------------------------------------------------
                                                3% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.................................              51              50              52
Climate Benefits *..............................................              14              14              14
Health Benefits **..............................................              32              32              33
                                                                 -----------------------------------------------
    Total Benefits [dagger].....................................              96              96              98
Consumer Incremental Product Costs [Dagger].....................              29              31              29
                                                                 -----------------------------------------------
    Net Benefits................................................              67              64              70
----------------------------------------------------------------------------------------------------------------
                                                7% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.................................              44              43              45
Climate Benefits * (3% discount rate)...........................              14              14              14
Health Benefits **..............................................              25              25              26
    Total Benefits [dagger].....................................              83              82              84
Consumer Incremental Product Costs [Dagger].....................              29              31              29

[[Page 30514]]

 
    Net Benefits................................................              53              51              55
----------------------------------------------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with automatic commercial ice makers shipped in
  2027--2056. These results include benefits to consumers that accrue after 2056 from the equipment shipped in
  2027-2056. The Primary, Low Net Benefits, and High Net Benefits Estimates utilize projections of energy prices
  from the AEO2022 Reference case, Low Economic Growth case, and High Economic Growth case, respectively. In
  addition, incremental equipment costs reflect a medium decline rate in the Primary Estimate, a low decline
  rate in the Low Net Benefits Estimate, and a high decline rate in the High Net Benefits Estimate. The methods
  used to derive projected price trends are explained in sections IV.F.1 and IV.H.3 of this document. Note that
  the Benefits and Costs may not sum to the Net Benefits due to rounding.
* Climate benefits are calculated using four different estimates of the global SC-GHG (see section IV.L of this
  proposed rulemaking). For presentational purposes of this table, the climate benefits associated with the
  average SC-GHG at a 3-percent discount rate are shown; however, DOE emphasizes the importance and value of
  considering the benefits calculated using all four sets of SC-GHG estimates. To monetize the benefits of
  reducing GHG emissions, this analysis uses the interim estimates presented in the Technical Support Document:
  Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates Under Executive Order 13990 published in
  February 2021 by the IWG.
** Health benefits are calculated using benefit-per-ton values for NOX and SO2. DOE is currently only monetizing
  (for SO2 and NOX) PM2.5 precursor health benefits and (for NOX) ozone precursor health benefits but will
  continue to assess the ability to monetize other effects such as health benefits from reductions in direct
  PM2.5 emissions. See section IV.L of this document for more details.
[dagger] Total benefits for both the 3-percent and 7-percent cases are presented using the average SC-GHG with 3-
  percent discount rate.
[Dagger] Costs include incremental equipment costs as well as installation costs.

    DOE's analysis of the national impacts of the proposed standards is 
described in sections IV.H, IV.K and IV.L of this document.

D. Conclusion

    DOE has tentatively concluded that the proposed energy conservation 
standards represent the maximum improvement in energy efficiency that 
is technologically feasible and economically justified and would result 
in the significant conservation of energy. Specifically, with regards 
to technological feasibility, products achieving these standard levels 
are already commercially available for all equipment classes covered by 
this proposal. As for economic justification, DOE's analysis shows that 
the benefits of the proposed standard exceed, to a great extent, the 
burdens of the proposed standards.
    Using a 7-percent discount rate for consumer benefits and costs and 
NO<INF>X</INF> and SO<INF>2</INF> reduction benefits, and a 3-percent 
discount rate case for GHG social costs, the estimated cost of the 
proposed standards for automatic commercial ice makers is $29 million 
per year in increased equipment costs, while the estimated annual 
benefits are $44 million in reduced equipment operating costs, $14 
million in climate benefits, and $25 million in health benefits. The 
net benefit amounts to $53 million per year.
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\12\ For 
example, some covered products and equipment have substantial energy 
consumption occur during periods of peak energy demand. The impacts of 
these products on the energy infrastructure can be more pronounced than 
products with relatively constant demand. Accordingly, DOE evaluates 
the significance of energy savings on a case-by-case basis.
---------------------------------------------------------------------------

    \12\ Procedures, Interpretations, and Policies for Consideration 
in New or Revised Energy Conservation Standards and Test Procedures 
for Consumer Products and Commercial/Industrial Equipment, 86 FR 
70892, 70901 (Dec. 13, 2021).
---------------------------------------------------------------------------

    As previously mentioned, the standards are projected to result in 
estimated national energy savings of 0.16 quads full-fuel-cycle (FFC), 
the equivalent of the primary annual energy use of 4.2 million homes. 
In addition, they are projected to reduce CO<INF>2</INF> emissions by 5 
Mt. Based on these findings, DOE has tentatively determined the energy 
savings from the proposed standard levels are ``significant'' within 
the meaning of 42 U.S.C. 6295(o)(3)(B). A more detailed discussion of 
the basis for these tentative conclusions is contained in the remainder 
of this document and the accompanying technical support document (NOPR 
TSD).
    DOE also considered more-stringent energy efficiency levels as 
potential standards and is still considering them in this proposed 
rulemaking. However, DOE has tentatively concluded that the potential 
burdens of the more-stringent energy efficiency levels would outweigh 
the projected benefits.
    Based on consideration of the public comments DOE receives in 
response to this document and related information collected and 
analyzed during the course of this rulemaking effort, DOE may adopt 
energy efficiency levels presented in this document that are either 
higher or lower than the proposed standards, or some combination of 
level(s) that incorporate the proposed standards in part.

II. Introduction

    The following section briefly discusses the statutory authority 
underlying this proposed rule, as well as some of the relevant 
historical background related to the establishment of standards for 
automatic commercial ice makers.

A. Authority

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. Title III, Part 
C of EPCA, added by Public Law 95-619, Title IV, section 441(a) (42 
U.S.C. 6311-6317, as codified), established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve energy efficiency. This equipment 
includes automatic commercial ice makers, the subject of this document. 
(42 U.S.C. 6311(1)(F)) EPCA prescribed initial standards for this 
equipment. (42 U.S.C. 6313(d)(1)) EPCA also authorizes DOE to establish 
new standards for automatic commercial ice makers not covered by the 
statutory standards. (42 U.S.C. 6313(d)(2)) Not later than January 1,

[[Page 30515]]

2015, with respect to the standards established under 42 U.S.C. 
6313(d)(1), and, not later than 5 years after the date on which the 
standards take effect, with respect to the standards established under 
42 U.S.C. 6313(d)(2), EPCA required DOE to issue a final rule to 
determine whether amending the applicable standards is technologically 
feasible and economically justified. (42 U.S.C. 6313(d)(3)(A)) And not 
later than 5 years after the effective date of any amended standards 
under 42 U.S.C. 6313(d)(3)(A) or the publication of a final rule 
determining that amending the standards is not technologically feasible 
or economically justified, DOE must issue a final rule to determine 
whether amending the standards established under 42 U.S.C. 6313(d)(1) 
or the amended standards, as applicable, is technologically feasible or 
economically justified. (42 U.S.C. 6313(d)(3)(B)) A final rule issued 
under 42 U.S.C. 6313(d)(2) or (3) must establish standards at the 
maximum level that is technologically feasible and economically 
justified, as provided in 42 U.S.C. 6295(o) and (p). (42 U.S.C. 
6313(d)(4)) EPCA further provides that, not later than 6 years after 
the issuance of any final rule establishing or amending a standard, DOE 
must publish either a notice of determination that standards for the 
product do not need to be amended, or a NOPR including new proposed 
energy conservation standards (proceeding to a final rule, as 
appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1))
    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers. (42 
U.S.C. 6316; 42 U.S.C. 6296)
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers 
of Federal preemption for particular State laws or regulations, in 
accordance with the procedures and other provisions set forth under 
EPCA. (See 42 U.S.C. 6316(a))
    Subject to certain criteria and conditions, DOE is required to 
develop test procedures to measure the energy efficiency, energy use, 
or estimated annual operating cost of each covered product. (42 U.S.C. 
61316(a), 42 U.S.C. 6295(o)(3)(A), and 42 U.S.C. 6295(r)) Manufacturers 
of covered equipment must use the Federal test procedures as the basis 
for (1) certifying to DOE that their equipment complies with the 
applicable energy conservation standards adopted pursuant to EPCA (42 
U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making representations 
about the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, 
DOE 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)) The DOE test procedures for automatic 
commercial ice makers appear at 10 CFR 431.134.
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered equipment, including automatic commercial 
ice makers. Any new or amended standard for a covered equipment must be 
designed to achieve the maximum improvement in energy efficiency that 
the Secretary of Energy determines is technologically feasible and 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(A) and 
42 U.S.C. 6295(o)(3)(B)) Furthermore, DOE may not adopt any standard 
that would not result in the significant conservation of energy. (42 
U.S.C. 6416(a), 42 U.S.C. 6295(o)(3))
    Moreover, DOE may not prescribe a standard (1) for certain 
equipment, including automatic commercial ice makers, if no test 
procedure has been established for the equipment, or (2) if DOE 
determines by rule that the standard is not technologically feasible or 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(3)(A)-
(B)) In deciding whether a proposed standard is economically justified, 
DOE must determine whether the benefits of the standard exceed its 
burdens. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)) DOE must make 
this determination after receiving comments on the proposed standard, 
and by considering, to the greatest extent practicable, the following 
seven statutory factors:

    (1) The economic impact of the standard on manufacturers and 
consumers of the products subject to the standard;
    (2) The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products that are likely to result from the 
standard;
    (3) The total projected amount of energy (or as applicable, 
water) savings likely to result directly from the standard;
    (4) Any lessening of the utility or the performance of the 
covered products likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary of Energy (Secretary) considers 
relevant.

(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
    Further, EPCA establishes a rebuttable presumption that a standard 
is economically justified if the Secretary finds that the additional 
cost to the consumer of purchasing a product or equipment complying 
with an energy conservation standard level will be less than three 
times the value of the energy savings during the first year that the 
consumer will receive as a result of the standard, as calculated under 
the applicable test procedure. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(iii))
    EPCA also contains what is known as an ``anti-backsliding'' 
provision, which prevents the Secretary from prescribing any amended 
standard that either increases the maximum allowable energy use or 
decreases the minimum required energy efficiency of a covered product. 
(42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(1)) Also, the Secretary may not 
prescribe an amended or new standard if interested persons have 
established by a preponderance of the evidence that the standard is 
likely to result in the unavailability in the United States in any 
covered equipment type (or class) of performance characteristics 
(including reliability), features, sizes, capacities, and volumes that 
are substantially the same as those generally available in the United 
States. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(4))
    Additionally, EPCA specifies requirements when promulgating an 
energy conservation standard for a covered equipment that has two or 
more subcategories. DOE must specify a different standard level for a 
type or class of equipment that has the same function or intended use, 
if DOE determines that equipment within such group (1) consume a 
different kind of energy from that consumed by other covered equipment 
within such type (or class), or (2) have a capacity or other 
performance-related feature that other equipment within such type (or 
class) do not have and such feature justifies a higher or lower 
standard. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q)(1)) In

[[Page 30516]]

determining whether a performance-related feature justifies a different 
standard for a group of equipment, DOE must consider such factors as 
the utility to the consumer of the feature and other factors DOE deems 
appropriate. (Id.) Any rule prescribing such a standard must include an 
explanation of the basis on which such higher or lower level was 
established. (42 U.S.C. 6316(a); 42 U.S.C. 6295(q)(2))

B. Background

1. Current Standards
    In a final rule published in the Federal Register on January 28, 
2015, DOE prescribed the current energy conservation standards for 
automatic commercial ice makers manufactured on and after January 28, 
2018 (January 2015 Final Rule). 80 FR 4645. These standards are set 
forth in DOE's regulations at 10 CFR 431.136(c) and (d) and are 
repeated in Table II.1 and Table II.2.

           Table II.1--Federal Energy Conservation Standards for Batch Automatic Commercial Ice Makers
----------------------------------------------------------------------------------------------------------------
                                                                                               Maximum condenser
         Equipment type            Condenser cooling   Harvest rate (lb   Maximum energy use  water use **  (gal/
                                                           ice/24 h)       (kWh/100 lb ice)       100 lb ice)
----------------------------------------------------------------------------------------------------------------
Ice-Making Head.................  Water.............  <300..............  6.88-0.0055H *....  200-0.022H.
Ice-Making Head.................  Water.............  >=300 and <850....  5.80-0.00191H.....  200-0.022H.
Ice-Making Head.................  Water.............  >=850 and <1,500..  4.42-0.00028H.....  200-0.022H.
Ice-Making Head.................  Water.............  >=1,500 and <2,500  4.................  200-0.022H.
Ice-Making Head.................  Water.............  >=2,500 and <4,000  4.................  145.
Ice-Making Head.................  Air...............  <300..............  10-0.01233H.......  NA.
Ice-Making Head.................  Air...............  >=300 and <800....  7.05-0.0025H......  NA.
Ice-Making Head.................  Air...............  >=800 and <1,500..  5.55-0.00063H.....  NA.
Ice-Making Head.................  Air...............  >=1,500 and <4,000  4.61..............  NA.
Remote Condensing (but Not        Air...............  <988..............  7.97-0.00342H.....  NA.
 Remote Compressor).
Remote Condensing (but Not        Air...............  >=988 and <4,000..  4.59..............  NA.
 Remote Compressor).
Remote Condensing and Remote      Air...............  <930..............  7.97-0.00342H.....  NA.
 Compressor.
Remote Condensing and Remote      Air...............  >=930 and <4,000..  4.79..............  NA.
 Compressor.
Self-Contained..................  Water.............  <200..............  9.5-0.019H........  191-0.0315H.
Self-Contained..................  Water.............  >=200 and <2,500..  5.7...............  191-0.0315H.
Self-Contained..................  Water.............  >=2,500 and <4,000  5.7...............  112.
Self-Contained..................  Air...............  <110..............  14.79-0.0469H.....  NA.
Self-Contained..................  Air...............  >=110 and <200....  12.42-0.02533H....  NA.
Self-Contained..................  Air...............  >=200 and <4,000..  7.35..............  NA.
----------------------------------------------------------------------------------------------------------------
* H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate. Source:
  42 U.S.C. 6313(d).
** Water use is for the condenser only and does not include potable water used to make ice.


        Table II.2--Federal Energy Conservation Standards for Continuous Automatic Commercial Ice Makers
----------------------------------------------------------------------------------------------------------------
                                                                                               Maximum condenser
         Equipment type            Condenser cooling   Harvest rate (lb   Maximum energy use  water use (gal/100
                                                           ice/24 h)       (kWh/100 lb ice)         lb ice)
----------------------------------------------------------------------------------------------------------------
Ice-Making Head.................  Water.............  <801..............  6.48-0.00267H.....  180-0.0198H.
Ice-Making Head.................  Water.............  >=801 and <2,500..  4.34..............  180-0.0198H.
Ice-Making Head.................  Water.............  >=2,500 and <4,000  4.34..............  130.5.
Ice-Making Head.................  Air...............  <310..............  9.19-0.00629H.....  NA.
Ice-Making Head.................  Air...............  >=310 and <820....  8.23-0.0032H......  NA.
Ice-Making Head.................  Air...............  >=820 and <4,000..  5.61..............  NA.
Remote Condensing (but Not        Air...............  <800..............  9.7-0.0058H.......  NA.
 Remote Compressor).
Remote Condensing (but Not        Air...............  >=800 and <4,000..  5.06..............  NA.
 Remote Compressor).
Remote Condensing and Remote      Air...............  <800..............  9.9-0.0058H.......  NA.
 Compressor.
Remote Condensing and Remote      Air...............  >=800 and <4,000..  5.26..............  NA.
 Compressor.
Self-Contained..................  Water.............  <900..............  7.6-0.00302H......  153-0.0252H.
Self-Contained..................  Water.............  >=900 and <2,500..  4.88..............  153-0.0252H.
Self-Contained..................  Water.............  >=2,500 and <4,000  4.88..............  90.
Self-Contained..................  Air...............  <200..............  14.22-0.03H.......  NA.
Self-Contained..................  Air...............  >=200 and <700....  9.47-0.00624H.....  NA.
Self-Contained..................  Air...............  >=700 and <4,000..  5.1...............  NA.
----------------------------------------------------------------------------------------------------------------
* H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate. Source:
  42 U.S.C. 6313(d).
** Water use is for the condenser only and does not include potable water used to make ice.


[[Page 30517]]

2. History of Standards Rulemaking for Automatic Commercial Ice Makers
    On September 29, 2020, DOE published a request for information 
(RFI) that identified various issues on which DOE sought comment to 
inform its determination of whether the energy conservation standards 
for automatic commercial ice makers need to be amended (September 2020 
RFI). 85 FR 60923.
    On March 25, 2022, DOE published a notice that announced the 
availability of the preliminary analysis (March 2022 Preliminary 
Analysis) it conducted for purposes of evaluating the need for amended 
energy conservation standards for automatic commercial ice makers. 87 
FR 17025. In the March 2022 Preliminary Analysis, DOE sought comment on 
the analytical framework, models, and tools that DOE used to evaluate 
efficiency levels for automatic commercial ice makers, the results of 
preliminary analyses performed, and the potential energy conservation 
standard levels derived from these analyses, which DOE presented in the 
accompanying preliminary TSD (March 2022 Preliminary TSD).\13\
---------------------------------------------------------------------------

    \13\ 2022-03 Technical Support Document: Energy Efficiency 
Program for Consumer Products and Commercial and Industrial 
Equipment: Automatic Commercial Ice Makers. Available at 
<a href="http://www.regulations.gov/document/EERE-2017-BT-STD-0022-0009">www.regulations.gov/document/EERE-2017-BT-STD-0022-0009</a>.
---------------------------------------------------------------------------

    On May 5, 2022, DOE held a public webinar in which it presented the 
methods and analysis in the March 2022 Preliminary Analysis and 
solicited public comment.\14\
---------------------------------------------------------------------------

    \14\ Webinar transcript available at <a href="http://www.regulations.gov/document/EERE-2017-BT-STD-0022-0025">www.regulations.gov/document/EERE-2017-BT-STD-0022-0025</a>.
---------------------------------------------------------------------------

    DOE received comments in response to the March 2022 Preliminary 
Analysis from the interested parties listed in Table II.3.

     Table II.3--List of Commenters With Written Submissions or Oral Comments in Response to the March 2022
                                              Preliminary Analysis
----------------------------------------------------------------------------------------------------------------
                                                                         Reference
              Commenter(s)                  Reference in this NOPR    number. in the        Commenter type
                                                                          docket
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and            AHRI......................              21  Trade Association.
 Refrigeration Institute.
Appliance Standards Awareness Project,    Joint Commenters..........              22  Efficiency Organization.
 American Council for an Energy-
 Efficient Economy, New York State
 Energy Research Development Authority,
 Northwest Energy Efficiency Alliance.
Association of Home Appliance             AHAM......................              27  Trade Association.
 Manufacturers *.
Follett Products LLC **.................  Follett...................              23  Manufacturer.
GE Appliances, a Haier company..........  GEA.......................              31  Manufacturer.
Hoshizaki America, Inc..................  Hoshizaki.................              20  Manufacturer.
North American Association of Food        NAFEM.....................              19  Trade Association.
 Equipment Manufacturers.
Pacific Gas and Electric; Southern        CA IOUs...................              18  Utilities.
 California Edison; San Diego Gas &
 Electric.
PEG, LLC................................  PEG.......................              28  Consultant.
Scotsman Ice Systems....................  Scotsman..................              30  Manufacturer.
Welbilt, Inc............................  Welbilt...................          *** 25  Manufacturer.
Whirlpool Corporation...................  Whirlpool.................              26  Manufacturer.
----------------------------------------------------------------------------------------------------------------
* AHAM submitted a public comment and a separate comment, which AHAM requested be treated as Confidential
  Business Information.
** Follett requested that its response be treated as Confidential Business Information.
*** Document number 25 is the transcript of the webinar. Commenter did not submit written comments.

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\15\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the May 5, 2022, public meeting, DOE cites the written comments 
throughout this document. Any oral comments provided during the webinar 
that are not substantively addressed by written comments are summarized 
and cited separately throughout this document.
---------------------------------------------------------------------------

    \15\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for automatic commercial ice makers. 
(Docket No. EERE-2017-BT-STD-0022, 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).
---------------------------------------------------------------------------

C. Deviation From Process Rule

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``Process Rule''), DOE notes that it is deviating from the 
provision in the Process Rule regarding the pre-NOPR and NOPR stages 
for an energy conservation standards rulemaking. 10 CFR 431.4.
1. Framework Document
    Section 6(a)(2) of the Process Rule states that if DOE determines 
it is appropriate to proceed with a rulemaking, the preliminary stages 
of a rulemaking to issue or amend an energy conservation standard that 
DOE will undertake will be a framework document and preliminary 
analysis, or an advance notice of proposed rulemaking. While DOE 
published a preliminary analysis for this rulemaking (see 87 FR 17025), 
DOE did not publish a framework document in conjunction with the 
preliminary analysis. DOE notes, however, that chapter 2 of the 
preliminary technical support document that accompanied the preliminary 
analysis--entitled Analytical Framework, Comments from Interested 
Parties, and DOE Responses--describes the general analytical framework 
that DOE uses in evaluating and developing potential amended energy 
conservation standards.\16\ As such, publication of a separate 
Framework Document would be largely redundant of previously published 
documents.
---------------------------------------------------------------------------

    \16\ The preliminary technical support document is available at 
<a href="http://www.regulations.gov/document/EERE-2017-BT-STD-0022-0009">www.regulations.gov/document/EERE-2017-BT-STD-0022-0009</a>.
---------------------------------------------------------------------------

2. Public Comment Period
    Section 6(f)(2) of the Process Rule specifies that the length of 
the public comment period for a NOPR will be not less than 75 calendar 
days. For this NOPR, DOE has opted instead to provide a 60-day comment 
period. DOE is opting to deviate from the 75-day comment period because 
stakeholders have already been afforded multiple opportunities to 
provide comments on

[[Page 30518]]

this rulemaking. As noted previously, DOE requested comment on various 
issues pertaining to this standards rulemaking in the September 2020 
RFI and provided stakeholders with a 75-day comment period. 85 FR 
60923. DOE initially provided a 60-day comment period for stakeholders 
to provide input on the analyses presented in the March 2022 
Preliminary Analysis. 87 FR 17025. DOE subsequently extended the March 
2022 Preliminary Analysis comment period by 14 days. 87 FR 31964. The 
analytical assumptions and approaches used for the analyses conducted 
for this NOPR are similar to those used for the March 2022 Preliminary 
Analysis. Therefore, DOE believes a 60-day comment period is 
appropriate and will provide interested parties with a meaningful 
opportunity to comment on the proposed rule.

III. General Discussion

    DOE developed this proposal after considering oral and written 
comments, data, and information from interested parties that represent 
a variety of interests. The following discussion addresses issues 
raised by these commenters.

A. General Comments

    This section summarizes general comments received from interested 
parties regarding rulemaking timing and process.
    AHRI commented in concern over the flux in regulations and 
standards that apply to this industry that make technical analysis 
difficult and encouraged DOE to balance the holistic scope of change in 
the ACIM industry in the context of energy conservation, environmental 
conservation, environmental protection, and end-user safety. (AHRI, No. 
21 at p. 6)
    AHRI commented that it believes that current energy conservation 
standards are appropriate and more stringent standards are not 
necessary. (Id. at p. 3) AHRI does not believe it is appropriate to 
establish more stringent energy conservation standards based on the 
current efficiency level of ACIM equipment and the forecasted 
technology changes due to changing refrigerants, and AHRI believes the 
potential energy savings from a new standard would be negligible. (Id.)
    Similarly, Hoshizaki commented that, based on the current 
efficiency level of ACIM equipment and forecasted technology changes 
due to changing refrigerants, it does not believe it is appropriate for 
DOE to establish energy conservation standards beyond the baseline, as 
the potential energy savings from a new standard are unlikely to exceed 
the 10 percent/0.3 quadrillion Btu threshold over baseline energy 
consumption needed to promulgate a rulemaking. (Hoshizaki, No. 20 at p. 
2)
    PEG commented that less is more when it comes to regulations and to 
let the competitive marketplace drive energy efficiency so that 
manufacturers can add value to their products by making them more 
efficient than competitor models. (PEG, No. 28 at p. 1)

B. Scope of Coverage

    This NOPR covers the commercial equipment that meets the definition 
of automatic commercial ice makers. See 10 CFR 431.132.
    ``Automatic commercial ice maker'' is defined as a factory-made 
assembly (not necessarily shipped in one 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. 
(Id.)
    In the March 2022 Preliminary TSD, DOE considered potential new 
equipment classes for automatic commercial ice makers with harvest 
rates less than or equal to 50 lb ice/24 hr (low-capacity automatic 
commercial ice makers). See chapter 3 of the March 2022 Preliminary 
TSD. On November 1, 2022, DOE published a final rule that amended the 
ACIM definitions and test procedure at 10 CFR part 431.132 and 431.134, 
respectively (November 2022 Test Procedure Final Rule), which included 
definitions (i.e., portable automatic commercial ice maker and 
refrigerated storage automatic commercial ice maker) and test 
requirements for low-capacity automatic commercial ice makers. 87 FR 
65856. As a result, DOE is proposing in this document to establish 
energy conservation standards for ice makers with capacity of 50 lb 
ice/24 hr or less, including portable and refrigerated storage ice 
makers.
    ``Portable automatic commercial ice maker'' is defined 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. 10 CFR 431.132.
    ``Refrigerated storage automatic commercial ice maker'' is defined 
as an automatic commercial ice maker that has a refrigeration system 
that actively refrigerates the self-contained ice storage bin. (Id.)
    See section IV.A.1 of this document for discussion of the equipment 
classes analyzed in this NOPR.

C. Test Procedure

    EPCA sets forth generally applicable criteria and procedures for 
DOE's adoption and amendment of test procedures. (42 U.S.C. 6314(a)) 
Manufacturers of covered equipment must use these test procedures to 
certify to DOE that their equipment complies with energy conservation 
standards and to quantify the efficiency of their equipment. DOE's 
current energy and condenser water conservation standards for automatic 
commercial ice makers are expressed in terms of the maximum allowable 
energy use and maximum allowable condenser water use (if applicable) as 
a function of the harvest rate of the given equipment. (See 10 CFR 
431.134.)

D. Technological Feasibility

1. General
    In each energy conservation standards rulemaking, DOE conducts a 
screening analysis based on information gathered on all current 
technology options and prototype designs that could improve the 
efficiency of the products or equipment that are the subject of the 
rulemaking. As the first step in such an analysis, DOE develops a list 
of technology options for consideration in consultation with 
manufacturers, design engineers, and other interested parties. DOE then 
determines which of those means for improving efficiency are 
technologically feasible. DOE considers technologies incorporated in 
commercially available products or in working prototypes to be 
technologically feasible. 10 CFR 431.4; Section 7(b)(1) (Process Rule).
    After DOE has determined that particular technology options are 
technologically feasible, it further evaluates each technology option 
in light of the following additional screening criteria: (1) 
practicability to manufacture, install, and service; (2) adverse 
impacts on product utility or availability; (3) adverse impacts on 
health or safety; and (4) unique pathway proprietary technologies. 10 
CFR 431.4; Sections 6(b)(3)(ii)-(v) and 7(b)(2)-(5) of the Process 
Rule. Section IV.B of this document discusses the results of the 
screening analysis for automatic commercial ice makers, particularly 
the designs DOE considered, those it screened out, and those that are 
the basis for the standards considered in this rulemaking. For further 
details on the screening analysis for this rulemaking, see chapter 4 of 
the NOPR TSD.

[[Page 30519]]

2. Maximum Technologically Feasible Levels
    When DOE proposes to adopt a new or amended standard for a type or 
class of covered equipment, it must determine the maximum improvement 
in energy efficiency or maximum reduction in energy use that is 
technologically feasible for such equipment. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(p)(1)) Accordingly, in the engineering analysis, DOE 
determined the maximum technologically feasible (max-tech) improvements 
in energy efficiency for automatic commercial ice makers, using the 
design parameters for the most efficient equipment available on the 
market or in working prototypes. The max-tech levels that DOE 
determined for this rulemaking are described in section IV.C.1.b of 
this document and in chapter 5 of the NOPR TSD.

E. Energy Savings

1. Determination of Savings
    For each trial standard level (TSL), DOE projected energy savings 
from application of the TSL to automatic commercial ice makers 
purchased in the 30-year period that begins in the year of compliance 
with the proposed standards (2027-2056).\17\ The savings are measured 
over the entire lifetime of automatic commercial ice makers purchased 
in the previous 30-year period. DOE quantified the energy savings 
attributable to each TSL as the difference in energy consumption 
between each standards case and the no-new-standards case. The no-new-
standards case represents a projection of energy consumption that 
reflects how the market for a product would likely evolve in the 
absence of amended energy conservation standards.
---------------------------------------------------------------------------

    \17\ Each TSL is composed of specific efficiency levels for each 
equipment class. The TSLs considered for this NOPR are described in 
section V.A of this document. DOE conducted a sensitivity analysis 
that considers impacts for products shipped in a 9-year period.
---------------------------------------------------------------------------

    DOE used its national impact analysis (NIA) spreadsheet model to 
estimate national energy savings (NES) from potential amended or new 
standards for automatic commercial ice makers. The NIA spreadsheet 
model (described in section IV.H of this document) calculates energy 
savings in terms of site energy, which is the energy directly consumed 
by equipment at the locations where they are used. For electricity, DOE 
reports national energy savings in terms of primary energy savings, 
which is the savings in the energy that is used to generate and 
transmit the site electricity. DOE also calculates NES in terms of FFC 
energy savings. The FFC metric includes the energy consumed in 
extracting, processing, and transporting primary fuels (i.e., coal, 
natural gas, petroleum fuels), and thus presents a more complete 
picture of the impacts of energy conservation standards.\18\ DOE's 
approach is based on the calculation of an FFC multiplier for each of 
the energy types used by covered products or equipment. For more 
information on FFC energy savings, see section IV.H.1 of this document.
---------------------------------------------------------------------------

    \18\ The FFC metric is discussed in DOE's statement of policy 
and notice of policy amendment. 76 FR 51282 (Aug. 18, 2011), as 
amended at 77 FR 49701 (Aug. 17, 2012).
---------------------------------------------------------------------------

2. Significance of Savings
    To adopt any new or amended standards for a covered equipment, DOE 
must determine that such action would result in significant energy 
savings. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(3)(B))
    The significance of energy savings offered by a new or amended 
energy conservation standard cannot be determined without knowledge of 
the specific circumstances surrounding a given rulemaking.\19\ For 
example, some covered products and equipment have most of their energy 
consumption occur during periods of peak energy demand. The impacts of 
these products on the energy infrastructure can be more pronounced than 
products with relatively constant demand. Accordingly, DOE evaluates 
the significance of energy savings on a case-by-case basis, taking into 
account the significance of cumulative FFC national energy savings, the 
cumulative FFC emissions reductions, and the need to confront the 
global climate crisis, among other factors. DOE has initially 
determined the energy savings from the proposed standard levels are 
``significant'' within the meaning of 42 U.S.C. 6295(o)(3)(B).
---------------------------------------------------------------------------

    \19\ The numeric threshold for determining the significance of 
energy savings established in a final rule published on February 14, 
2020 (85 FR 8626, 8670) was subsequently eliminated in a final rule 
published on December 13, 2021 (86 FR 70892).
---------------------------------------------------------------------------

F. Economic Justification

1. Specific Criteria
    As noted previously, EPCA provides seven factors to be evaluated in 
determining whether a potential energy conservation standard is 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(I)-(VII)) The following sections discuss how DOE has 
addressed each of those seven factors in this proposed rulemaking.
a. Economic Impact on Manufacturers and Consumers
    In determining the impacts of a potential amended standard on 
manufacturers, DOE conducts an MIA, as discussed in section IV.J of 
this document. DOE first uses an annual cash-flow approach to determine 
the quantitative impacts. This step includes both a short-term 
assessment--based on the cost and capital requirements during the 
period between when a regulation is issued and when entities must 
comply with the regulation--and a long-term assessment over a 30-year 
period. The industry-wide impacts analyzed include (1) INPV, which 
values the industry on the basis of expected future cash flows, (2) 
cash flows by year, (3) changes in revenue and income, and (4) other 
measures of impact, as appropriate. Second, DOE analyzes and reports 
the impacts on different types of manufacturers, including impacts on 
small manufacturers. Third, DOE considers the impact of standards on 
domestic manufacturer employment and manufacturing capacity, as well as 
the potential for standards to result in plant closures and loss of 
capital investment. Finally, DOE takes into account cumulative impacts 
of various DOE regulations and other regulatory requirements on 
manufacturers.
    For individual consumers, measures of economic impact include the 
changes in LCC and PBP associated with new or amended standards. These 
measures are discussed further in the following section in this 
document. For consumers in the aggregate, DOE also calculates the 
national NPV of the consumer costs and benefits expected to result from 
particular standards. DOE also evaluates the impacts of potential 
standards on identifiable subgroups of consumers that may be affected 
disproportionately by a standard.
b. Savings in Operating Costs Compared to Increase in Price (LCC and 
PBP)
    EPCA requires DOE to consider the savings in operating costs 
throughout the estimated average life of the covered equipment in the 
type (or class) compared to any increase in the price of, or in the 
initial charges for, or maintenance expenses of, the covered product 
that are likely to result from a standard. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(o)(2)(B)(i)(II)) DOE conducts this comparison in its LCC 
and PBP analysis.
    The LCC is the sum of the purchase price of the equipment 
(including its installation) and the operating expense (including 
energy, maintenance, and repair expenditures) discounted over the 
lifetime of the product. The LCC

[[Page 30520]]

analysis requires a variety of inputs, such as product prices, product 
energy consumption, energy prices, maintenance and repair costs, 
product lifetime, and discount rates appropriate for consumers. To 
account for uncertainty and variability in specific inputs, such as 
equipment lifetime and discount rate, DOE uses a distribution of 
values, with probabilities attached to each value.
    The PBP is the estimated amount of time (in years) it takes 
consumers to recover the increased purchase cost (including 
installation) of a more-efficient equipment through lower operating 
costs. DOE calculates the PBP by dividing the change in purchase cost 
due to a more-stringent standard by the change in annual operating cost 
for the year that standards are assumed to take effect.
    For its LCC and PBP analysis, DOE assumes that consumers will 
purchase the covered equipment in the first year of compliance with new 
or amended standards. The LCC savings for the considered efficiency 
levels are calculated relative to the case that reflects projected 
market trends in the absence of new or amended standards. DOE's LCC and 
PBP analysis is discussed in further detail in section IV.F of this 
document.
c. Energy Savings
    Although significant conservation of energy is a separate statutory 
requirement for adopting an energy conservation standard, EPCA requires 
DOE, in determining the economic justification of a standard, to 
consider the total projected energy savings that are expected to result 
directly from the standard. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(III)) As discussed in section III.E of this document, 
DOE uses the NIA spreadsheet models to project national energy savings.
d. Lessening of Utility or Performance of Products
    In establishing product classes and in evaluating design options 
and the impact of potential standard levels, DOE evaluates potential 
standards that would not lessen the utility or performance of the 
considered products. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(IV)) Based on data available to DOE, the standards 
proposed in this document would not reduce the utility or performance 
of the ACIM equipment under consideration in this proposed rulemaking.
e. Impact of Any Lessening of Competition
    EPCA directs DOE to consider the impact of any lessening of 
competition, as determined in writing by the Attorney General, that is 
likely to result from a proposed standard. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(o)(2)(B)(i)(V)) It also directs the Attorney General to 
determine the impact, if any, of any lessening of competition likely to 
result from a proposed standard and to transmit such determination to 
the Secretary within 60 days of the publication of a proposed rule, 
together with an analysis of the nature and extent of the impact. (42 
U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(ii)) DOE will transmit a copy 
of this proposed rule to the Attorney General with a request that the 
Department of Justice (DOJ) provide its determination on this issue. 
DOE will publish and respond to the Attorney General's determination in 
the final rule. DOE invites comment from the public regarding the 
competitive impacts that are likely to result from this proposed rule. 
In addition, stakeholders may also provide comments separately to DOJ 
regarding these potential impacts. See the ADDRESSES section for 
information to send comments to DOJ.
f. Need for National Energy Conservation
    DOE also considers the need for national energy and water 
conservation in determining whether a new or amended standard is 
economically justified. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(VI)) The energy savings from the proposed standards 
are likely to provide improvements to the security and reliability of 
the Nation's energy system. Reductions in the demand for electricity 
also may result in reduced costs for maintaining the reliability of the 
Nation's electricity system. DOE conducts a utility impact analysis to 
estimate how standards may affect the Nation's needed power generation 
capacity, as discussed in section IV.M of this document.
    DOE maintains that environmental and public health benefits 
associated with the more efficient use of energy are important to take 
into account when considering the need for national energy 
conservation. The proposed standards are likely to result in 
environmental benefits in the form of reduced emissions of air 
pollutants and GHGs associated with energy production and use. DOE 
conducts an emissions analysis to estimate how potential standards may 
affect these emissions, as discussed in section IV.K. The estimated 
emissions impacts are reported in section IV.K of this document. DOE 
also estimated the economic value of emissions reductions resulting 
from the considered TSLs, as discussed in section IV.L of this 
document.
g. Other Factors
    In determining whether an energy conservation standard is 
economically justified, DOE may consider any other factors that the 
Secretary deems to be relevant. (42 U.S.C. 6316(a); 42 U.S.C. 
6295(o)(2)(B)(i)(VII)) To the extent DOE identifies any relevant 
information regarding economic justification that does not fit into the 
other categories described previously, DOE could consider such 
information under ``other factors.''
2. Rebuttable Presumption
    EPCA creates a rebuttable presumption that an energy conservation 
standard is economically justified if the additional cost to the 
equipment that meets the standard is less than three times the value of 
the first year's energy savings resulting from the standard, as 
calculated under the applicable DOE test procedure. (42 U.S.C. 6316(a); 
42 U.S.C. 6295(o)(2)(B)(iii)) DOE's LCC and PBP analyses generate 
values used to calculate the effects that proposed energy conservation 
standards would have on the PBP for consumers. These analyses include, 
but are not limited to, the 3-year PBP contemplated under the 
rebuttable presumption test. In addition, DOE routinely conducts an 
economic analysis that considers the full range of impacts to 
consumers, manufacturers, the Nation, and the environment, as required 
under EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 6295(o)(2)(B)(i)). The 
results of this analysis serve as the basis for DOE's evaluation of the 
economic justification for a potential standard level (thereby 
supporting or rebutting the results of any preliminary determination of 
economic justification). The rebuttable presumption payback calculation 
is discussed in section IV.F.10 of this document.

IV. Methodology and Discussion of Related Comments

    This section addresses the analyses DOE has performed for this 
rulemaking with regard to automatic commercial ice makers. Separate 
subsections address each component of DOE's analyses.
    DOE used several analytical tools to estimate the impact of the 
energy conservation standards proposed in this document. The first tool 
is a spreadsheet that calculates the LCC savings and PBP

[[Page 30521]]

of potential amended or new energy conservation standards. The NIA uses 
a second spreadsheet set that provides shipments projections and 
calculates NES and NPV of total consumer costs and savings expected to 
result from potential energy conservation standards. DOE uses the third 
spreadsheet tool, the Government Regulatory Impact Model (GRIM), to 
assess manufacturer impacts of potential standards. These three 
spreadsheet tools are available on the DOE website for this rulemaking: 
<a href="http://www.regulations.gov/docket/EERE-2017-BT-STD-0022">www.regulations.gov/docket/EERE-2017-BT-STD-0022</a>. Additionally, DOE 
used output from the latest version of the Energy Information 
Administration (EIA) Annual Energy Outlook (AEO), a widely known energy 
projection for the United States, for the emissions and utility impact 
analyses.

A. Market and Technology Assessment

    DOE develops information in the market and technology assessment 
that provides an overall picture of the market for the equipment 
concerned, including the purpose of the equipment, the industry 
structure, manufacturers, market characteristics, and technologies used 
in the equipment. This activity includes both quantitative and 
qualitative assessments, based primarily on publicly available 
information. The subjects addressed in the market and technology 
assessment for this rulemaking include (1) a determination of the scope 
of the rulemaking and equipment classes, (2) manufacturer trade groups, 
(3) market share, (4) inventory, and (5) technology options that could 
improve the energy efficiency of automatic commercial ice makers. The 
key findings of DOE's market assessment are summarized in the following 
sections. See chapter 3 of the NOPR TSD for further discussion of the 
market and technology assessment.
1. Equipment Classes
    When evaluating and establishing energy conservation standards, DOE 
may establish separate standards for a group of covered equipment 
(i.e., establish a separate equipment class) if DOE determines that 
separate standards are justified based on the type of energy used, or 
if DOE determines that an equipment's capacity or other performance-
related feature justifies a different standard. (42 U.S.C. 6316(a); 42 
U.S.C. 6295(q)) In making a determination whether a performance-related 
feature justifies a different standard, DOE must consider such factors 
as the utility of the feature to the consumer and other factors DOE 
determines are appropriate. (Id.)
    Automatic commercial ice makers are divided into equipment classes 
categorized by physical characteristics that affect commercial 
application, equipment utility, and equipment efficiency: (1) the ice-
making process; (2) the configuration of the ice-making and 
refrigeration systems; (3) the type of condenser cooling fluid used; 
and (4) the harvest rate of the unit. The following list shows the key 
physical characteristics of ACIM equipment that DOE uses to distinguish 
equipment classes:
    (1) Ice-making process: batch, continuous;
    (2) Equipment configuration: ice-making head, remote condensing 
(but not remote compressor), remote condensing and remote compressor, 
self-contained;
    (3) Condenser cooling fluid: air-cooled, water-cooled; and
    (4) Capacity range.
    DOE currently defines separate energy conservation standards for 
those equipment classes at 10 CFR 431.136, which are repeated in Table 
II.1 and Table II.2.
    In response to the March 2022 Preliminary Analysis, Hoshizaki 
commented that it does not see any need to change any of the harvest 
rate ranges or combine any classes, considering that each class has its 
own distinctive performance and energy ranges. (Hoshizaki, No. 20 at p. 
2)
    DOE has tentatively determined to adjust certain capacity ranges, 
as presented in Table I.1 and Table I.2, based on this NOPR analysis, 
as a result of proposing appropriate energy use standards across the 
overall capacity range for a given type of equipment (i.e., B-IMH-W, B-
IMH-A, B-SC-A, C-SC-A). DOE reviewed the ACIM market and tentatively 
determined that the adjusted capacity ranges are representative of the 
energy use characteristics of each equipment type.
a. Low-Capacity Automatic Commercial Ice Makers
    DOE has tentatively determined that additional equipment classes 
may be appropriate to address certain automatic commercial ice makers 
available on the market. Specifically, DOE is proposing energy 
conservation standards for low-capacity automatic commercial ice 
makers, which are not currently subject to energy conservation 
standards. DOE has tentatively determined that the low-capacity 
automatic commercial ice makers can all be categorized under the self-
contained equipment configuration and air-cooled condenser cooling 
fluid designation. DOE has also tentatively determined that the low 
capacity of these automatic commercial ice makers would require 
different energy conservation standards as compared to those already in 
place for automatic commercial ice makers with higher capacities. 
Additionally, DOE has tentatively determined that the unique operation 
of refrigerated storage and portable automatic commercial ice makers 
would require separate equipment classes from other self-contained, 
air-cooled, low-capacity automatic commercial ice makers. Based on a 
review of the low-capacity ACIM market, DOE tentatively determined that 
batch automatic commercial ice makers models represent nearly the 
entire market and include both portable and refrigerated storage 
automatic commercial ice makers. However, DOE has identified a limited 
number of continuous low-capacity ACIM models available on the market 
similar to batch automatic commercial ice makers, except that DOE found 
no continuous refrigerated storage automatic commercial ice makers 
available on the market. Accordingly, DOE is proposing energy 
conservation standards for the proposed low-capacity ACIM equipment 
classes presented in Table IV.1.

                            Table IV.1--Proposed Low-Capacity ACIM Equipment Classes
----------------------------------------------------------------------------------------------------------------
                                                                           Harvest rate (lb
             Process                Equipment type     Condenser cooling       ice/24 h)          Designation
----------------------------------------------------------------------------------------------------------------
Batch...........................  Self-Contained....  Air...............  <=50..............  B-SC-A (<=50).
                                  Portable..........  Air...............  <=38..............  B-SC-A (Portable
                                                                                               ACIM) (<=38).
                                                      Air...............  >38 and <=50......  B-SC-A (Portable)
                                                                                               (>38 and <=50).
                                  Refrigerated        Air...............  <=50..............  B-SC-A
                                   Storage.                                                    (Refrigerated
                                                                                               Storage ACIM).

[[Page 30522]]

 
Continuous......................  Self-Contained....  Air...............  <=50..............  C-SC-A (<=50).
                                  Portable..........  Air...............  <=50..............  C-SC-A (Portable
                                                                                               ACIM).
----------------------------------------------------------------------------------------------------------------

    DOE received many comments in response to the March 2022 
Preliminary Analysis regarding the potential equipment classes for low-
capacity automatic commercial ice makers.
Scope of Coverage
    AHAM commented that consumer stand-alone ice makers are not 
automatic commercial ice makers, and the term ``commercial'' in the 
ACIM category indicates an intent to cover commercial, not residential/
consumer products. (AHAM, No. 27 at p. 3) AHAM added that automatic 
commercial ice makers are included in EPCA part A-1 for ``Certain 
Industrial Equipment'' not part A, which is for Consumer Products other 
than Automobiles. (Id.) AHAM noted that automatic commercial ice makers 
are ``covered equipment,'' which is defined by EPCA as ``The term 
`covered equipment' means one of the following types of industrial 
equipment . . . automatic commercial ice makers.'' 42 U.S.C. 
6311(1)(F), and therefore, automatic commercial ice makers are, by 
definition, industrial equipment. (Id.)
    AHAM provided an example that commercial clothes washers are 
``covered equipment,'' and that commercial and residential clothes 
washers share similar construction and are often both used by 
individual consumers, but these equipment classes are differentiated by 
EPCA. (Id.) AHAM stated that Congress intended to include only truly 
commercial ice makers under the scope of the ACIM definition and DOE 
should not include consumer stand-alone ice makers in the scope of this 
commercial equipment rulemaking. (Id.)
    Similarly, Whirlpool stated that DOE should not include residential 
appliances, which are defined as ``consumer products,'' under any 
energy conservation standards and test procedures in 10 CFR part 431 
and added that EPCA has delineated between consumer products regulated 
under 10 CFR part 430, and commercial and industrial products regulated 
under 10 CFR part 431. (Whirlpool, No. 26 at p. 2)
    AHAM and Whirlpool both commented that stand-alone ice makers that 
are capable of making 50 pounds of ice per day or less more squarely 
fit under the definition of consumer product, according to the 
definition found in 10 CFR 430.2. (AHAM, No. 27 at p. 3; Whirlpool, No. 
26 at p. 2)
    AHRI commented that DOE has already created a residential and 
commercial product distinction for other types of refrigeration 
equipment (such as distinguishing household refrigerators and freezers 
and commercial refrigeration equipment), and that this distinction 
should also apply to ice makers. (AHRI, No. 21 at p. 7)
    Hoshizaki commented that low-capacity models should be given their 
own category and separate section to review, similar to the division 
between domestic and commercial refrigerators. (Hoshizaki, No. 20 at p. 
2)
    The CA IOUs commented that although they prefer DOE not regulate 
residential ice making products under the ACIM rulemaking, the energy 
use of ice makers in residential freezers is certainly worthy of 
regulation and testing. (CA IOUs, No. 18 at p. 5) The CA IOUs commented 
that the current DOE regulatory approach of including a universal adder 
for ice makers without testing the energy use of the devices may lead 
to a lack of improvements in ice-making efficiency. (Id.) The CA IOUs 
recommended that, in a future refrigerator/freezer rulemaking conducted 
under DOE's consumer product authority, DOE include ice making and 
dispensing in the energy test cycle. (Id.)
    AHRI commented that residential ice makers have much different 
operating and market characteristics from other commercial ice makers. 
(AHRI, No. 21 at p. 6) AHRI also noted that commercial ice makers 
operate in offices and large commercial establishments and produce 50-
4,000 lb of ice, and that DOE's TSD should analyze commercial equipment 
and maintain those products in scope. (Id. at pp. 6-7) AHRI commented 
that DOE extending the scope beyond commercial equipment makes 
providing feedback challenging. (Id. at p. 8)
    Whirlpool recommended that DOE separately define ``residential ice 
makers'' and exclude them from the scope of any amended ACIM standard. 
(Whirlpool, No. 26 at p. 4) In the alternative, Whirlpool also 
recommended that DOE could make an amendment to the definition of 
automatic commercial ice maker that clarifies it as ``any ice maker 
which is not a consumer product, per the definition in 10 CFR 430.2.'' 
(Id.)
    AHAM commented that consumer ice makers should be distinguished 
from commercial ice makers and stated it is not appropriate under EPCA 
or DOE's regulations for DOE to include them in the scope of the ACIM 
rulemaking (including the test procedure and standards). (AHAM, No. 27 
at p. 4)
    AHAM stated that DOE makes its consumer/commercial product 
determination based on distinguishing design features or 
characteristics, whether the model operates in a manner that is 
significantly different from models of the same product type (e.g., the 
energy use or energy-efficiency characteristics are significantly 
different), and the extent to which the product type can be used in a 
residential application. (Id. at pp. 3-5)
    Joint Commenters supported the inclusion of low-capacity automatic 
commercial ice makers and evaluating potential standards for low-
capacity automatic commercial ice makers, and Joint Commenters 
additionally supported the scope expansion in response to the December 
2021 ACIM Test Procedure NOPR so that low-capacity ACIM efficiency and 
capacity are based on a standardized test procedure. (Joint Commenters, 
No. 22 at p. 1)
DOE Guidance
    AHAM noted that DOE's prior guidance stated 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'.'' (Id. at p. 3) AHAM 
added that DOE stated that it made this determination without regard to 
how the model is in fact distributed, and instead looks to whether a 
product is the ``type'' of product sold for personal use or consumption 
by individuals. (Id.) AHAM stated that it is not consistent with EPCA 
or DOE's own regulations to regulate residential stand-alone ice makers 
as commercial equipment, and DOE must not include them as automatic 
commercial ice makers under

[[Page 30523]]

the energy conservation standard or the applicable test procedure. (Id. 
at p. 5)
    The CA IOUs commented to note that the question of the proper 
division between DOE's consumer and commercial authority is not a new 
one, even within the refrigeration context. (CA IOUs, No. 18 at pp. 5-
6) The CA IOUs commented that in 2010, DOE issued guidance in response 
to confusion regarding the scope of newly adopted residential 
refrigerator regulations. (Id.) The CA IOUs commented that, at that 
time, DOE indicated that, under 42 U.S.C. 6291(1), it would make a 
determination if a product is ``of a type'' that could be sold to 
consumers, specifically noting that a dorm-style refrigerator a 
manufacturer marketed as a ``hotel mini-fridge'' would still be 
considered a residential product. (Id.) The CA IOUs stated that 
furthermore, DOE made clear that industrial/commercial and consumer/
residential products must be mutually exclusive, as the statutory 
definition of ``industrial equipment'' specifies that such equipment 
``is not a covered [consumer] product'' under 42 U.S.C. 6291(1). Thus, 
the CA IOUs concluded that a product defined as residential cannot also 
be commercial. (Id.)
Miscellaneous Refrigeration Products
    AHAM commented that the Appliance Standards Rulemaking Advisory 
Committee (ASRAC) working group for the miscellaneous refrigeration 
products (MREF) declined to cover consumer stand-alone ice makers as 
part of that rulemaking due to large differences from other products in 
the MREF category and low shipments of low-capacity ice makers. (AHAM, 
No. 27 at p. 2) AHAM added that it is confusing how DOE could attempt 
to cover these products as consumer products in the MREF rulemaking and 
then, several years later, as commercial equipment in the ACIM 
rulemaking. (Id. at p. 3)
    Likewise, Whirlpool commented that it supports and echoes the AHAM 
positions, particularly that DOE had concluded properly in the 
rulemaking for MREF to not include residential ice makers under the 
scope of DOE's energy conservation standards. (Whirlpool, No. 26 at p. 
2) Whirlpool agreed with the ways in which AHAM described the 
differences between residential ice makers made by manufacturers like 
Whirlpool, and true commercial ice makers. (Id.)
    Whirlpool commented that DOE had previously proposed the inclusion 
of these residential ice makers in the MREF Conservation Standards, 
indicating DOE's previous belief that these residential ice makers meet 
the definition of a consumer product and were under evaluation for 
possible standards under 10 CFR part 430. (Id. at p. 3)
End Users
    AHAM commented that low-capacity automatic commercial ice makers 
are primarily used in residential applications, and, even if a business 
chooses to purchase a residential type product, that does not mean it 
is a commercial product, and added that low-capacity ice makers 
designed for consumers are not the same as lower capacity ice makers 
that are designed for businesses. (AHAM, No. 27 at p. 5) AHAM 
additionally stated one main reason low-capacity automatic commercial 
ice makers do not produce as much ice as the larger commercial products 
is because residential applications do not require the same amount of 
ice as commercial applications that must produce ice on a daily basis 
and throughout the day, as opposed to on an intermittent basis, likely 
not even daily for low-capacity automatic commercial ice makers. (Id.)
    Similarly, Whirlpool commented that there are key differences 
between residential and commercial icemakers: the end-purchasers of the 
products, the usage of the products, and the design of the products. 
(Whirlpool, No. 26 at p. 3) Whirlpool commented that the end-purchasers 
of residential ice makers are consumers, whereas ice makers are 
purchased by businesses and business owners. (Id.)
    Scotsman commented that ice makers with production capacities under 
50 pounds per day should not be considered for inclusion in the 
automatic commercial ice machine category. (Scotsman, No. 30 at p. 2) 
Scotsman added that the application for low production ice makers is 
for residential, in-the-home installations, and those icemakers not 
designed or intended to support commercial foodservice, commercial 
business or retail operations. (Id. at pp. 2-3)
Portable Automatic Commercial Ice Makers
    AHAM commented that portable ice makers are designed to fit on the 
countertop and are not plumbed into the water supply but rely on a 
reservoir, and are designed this way because they are meant to go in 
residential spaces or to be moved from space-to-space within a 
residence and are not intended to support a business. (AHAM, No. 27 at 
p. 4) AHAM added that a refillable reservoir is not a design feature 
that a commercial application would find practical or efficient because 
it would require constant re-filling throughout the day, particularly 
for the volume of ice required by the commercial user, whereas 
residential consumers, who use far less ice, are not bothered by the 
need to fill the reservoir. (Id.) AHAM commented that portable 
automatic commercial ice makers are designed for a residential 
application and designed to be able to move from room to room, avoiding 
the need for a complex, expensive installation because they are not 
plumbed into a water line. (Id. at p. 5) AHAM added that portable 
automatic commercial ice makers must be compact in size, light enough 
to move, and contain a water reservoir. (Id.) AHAM stated that the 
portable automatic commercial ice makers only allow small amounts of 
ice storage before turning the unit off. (Id.) AHAM added that portable 
automatic commercial ice makers are distinct from all other products 
DOE is considering under the scope of this proposed rulemaking. (Id. at 
pp. 5-6) AHAM concluded that it is more likely that residential 
consumers are purchasing a portable ice maker specifically for its 
portability and less complex and costly installation with the intent of 
using it only occasionally; thus these design differences make sense. 
(Id. at p. 4)
Safety Standards
    In addition, AHAM commented there are different applicable safety 
standard requirements for consumer and commercial stand-alone ice-
makers, but stated that commercial icemakers are covered by UL 60335-2-
89, ``Particular Requirements for Commercial Refrigerating Appliances 
and Ice-Makers with an Incorporated or Remote Refrigerant Unit or 
Motor-Compressor,'' whereas residential ice makers are covered by UL 
60335-2-24, ``Particular Requirements for Refrigerating Appliances, 
Ice-Cream Appliances, and Ice Makers.'' (Id. at. 6)
Sanitary Guidelines
    AHAM commented that stand-alone ice makers designed for residential 
use do not need to meet commercial kitchen safety and sanitary 
guidelines (NSF certification/listing), which essentially prohibits the 
installation of residential ice makers in commercial spaces (e.g., 
mopping the floor with certain chemicals in a commercial kitchen could 
damage a residential ice maker, whereas commercial ice makers are 
designed to be higher off the ground so that critical components are 
shielded from liquid intrusions). (Id. at p. 6)

[[Page 30524]]

Durability Requirements
    AHAM stated that consumer stand-alone ice makers do not need to 
meet the same durability requirements of commercial ice makers because 
they are used less frequently. (Id. at p. 6)
Warranties
    AHAM stated also that consumer stand-alone ice maker warranties may 
only be valid if the product is used in a residential application, 
adding that many warranties are void if used in a commercial kitchen. 
(Id. at p. 6)
Space Constraints
    AHAM commented that undercounter ice makers are constrained by 
space (countertop height and cabinet depth), whereas commercial ice 
makers can be larger in height and depth. (Id. at p. 4) AHAM added that 
residential ice makers are designed this way because they are designed 
to fit in residential kitchens and other residential spaces, not in 
commercial spaces. (Id.)
    GEA stated that there are significant and definite differences 
between residential and commercial ice makers, and those differences 
are reflected in GEA's residential ice makers. (GEA, No. 31 at p. 2) 
GEA's residential ice makers are space constrained, certified to 
different UL standards than commercial ice makers, sold through 
traditional residential sales channels, and their warranties limit use 
of the products to residential applications. (Id.) GEA's portable 
icemakers are designed to fit on a standard residential depth counter. 
(Id.)
    Whirlpool agreed that residential ice makers are typically designed 
for undercounter installation or countertop placement, whereas 
commercial ice makers can be designed for a number of different 
commercial installation locations, not limited to undercounter or 
countertop placement. (Whirlpool, No. 26 at p. 3)
Ice Quality
    AHAM commented that low-capacity ice makers make clear, cubed ice, 
and some make nugget ice depending on consumer choice, while commercial 
ice makers are designed for larger capacity and higher production rates 
with less focus on the quality or type of ice. (AHAM, No. 27 at p. 4)
Utilization Factor
    GEA agreed with AHAM's comments that there are significant and 
definite differences between residential and commercial ice makers and 
noted that those differences are reflected in GEA's residential ice 
makers. (GEA, No. 31 at p. 2). GEA recommended that the intermittent 
usage for residential ice makers should be taken into account for the 
standards for these products and is yet a further reason why 
regulations for commercial equipment should not apply to residential 
products. (Id.)
Equipment Classes
    AHAM stated that it opposes DOE's decision to include the low-
capacity equipment classes (harvest rates 50 lb or less per day) to the 
extent that they include consumer/residential ice makers. (AHAM, No. 27 
at p. 2) AHAM added that doing so conflicts with EPCA's distinction 
between consumer and commercial equipment and DOE's guidance on the 
distinction between consumer and commercial equipment. (Id., p. 2)
    AHRI commented that adding the proposed low-capacity ACIM equipment 
classes may not be appropriate, and AHRI does not believe it is helpful 
to categorize these types of ice makers in the same energy conservation 
standard as automatic commercial ice makers. (AHRI, No. 21 at p. 2)
    The CA IOUs commented that DOE should perform a more in-depth 
evaluation of ice machines rated at/under 50 lb/day to further support 
the development of these new ACIM product classes. (CA IOUs, No. 18 at 
p. 1)
Testing
    AHRI added that there is a lack of laboratory capacity due to a 
backlog caused by the COVID-19 pandemic, lack of an appropriately 
verified standard (ASHRAE 29), and a lack of expertise in testing low-
capacity equipment. (AHRI, No 21 at p. 2) Hoshizaki commented that 
there are no known tests for low-capacity models. (Hoshizaki, No. 20 at 
p. 2) NAFEM commented that ASHRAE Standard 29-2009 provides for the 
testing of equipment with capacities from 50 to 4,000 lb/24 h, and, as 
it is unclear what test procedure would work for the low-capacity 
models, that further analysis and explanation of these must be made so 
that the applicability of the proposed test procedure can be evaluated. 
(NAFEM, No. 19 at p. 2)
Examples of Low-Capacity Automatic Commercial Ice Makers
    Both AHRI and Hoshizaki commented to request examples of actual 
models on the market for ``Proposed Low-Capacity Automatic Commercial 
Ice Maker Equipment Classes'' B-SC-A Portable ACIM, B-SC-A Refrigerated 
Storage ACIM, and B-SC-A from Tables ES.2.37 and 3.2.2. (AHRI, No. 21 
at p. 11; Hoshizaki, No. 20 at p. 5)
    NAFEM commented that it requests that DOE provide examples of 
existing models available in the marketplace that DOE has determined 
would fall into the two new proposed categories, as it is important for 
other information in the March 2022 Preliminary TSD, such as test 
procedures and shipments. (NAFEM, No. 19 at p. 2)
DOE's Response
    In response to these comments, DOE notes that, although DOE's 
current energy and condenser water use standards are limited explicitly 
to automatic commercial ice makers with capacities between 50 and 4,000 
lb/24 h (see 10 CFR 431.136), the regulatory and statutory definitions 
of automatic commercial ice maker are not limited by harvest rate 
(i.e., capacity). (See 10 CFR 431.132 and 42 U.S.C. 6311(19), 
respectively.) DOE has noted, and commenters have confirmed,\20\ that 
ice makers with harvest rates less than or equal to 50 lb/24 h (i.e., 
low-capacity automatic commercial ice makers) are available in the 
market and are used in a variety of settings.
---------------------------------------------------------------------------

    \20\ See Joint Commenters, No. 22 at p. 1 and 
<a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0006-0014">www.regulations.gov/document/EERE-2017-BT-TP-0006-0014</a> at p. 8.
---------------------------------------------------------------------------

    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 any 
article of equipment referred to in subparagraph (B) \21\ of a type, 
including the ACIM type, (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); and this is without 
regard to whether such an article is in fact distributed in commerce 
for industrial or commercial use. (42 U.S.C. 6311(2))
---------------------------------------------------------------------------

    \21\ Subparagraph (B) of 42 U.S.C. 6311(2) identifies the types 
of equipment under consideration and includes automatic commercial 
ice makers.
---------------------------------------------------------------------------

    As discussed, the regulatory and statutory definitions of automatic 
commercial ice makers are not limited by harvest rate (see 10 CFR 
431.132 and 42 U.S.C. 6311(19), respectively) and automatic commercial 
ice makers are not a covered product as defined in 42 U.S.C. 6291-6292. 
And in the November 2022 Test Procedure Final Rule, DOE determined that 
low-capacity ACIMs are distributed in commerce for commercial

[[Page 30525]]

use. 87 FR 65856, 65681. Therefore, in this NOPR, DOE has tentatively 
determined that low-capacity automatic commercial ice makers are, to a 
significant extent, distributed in commerce for commercial use. DOE has 
reviewed the low-capacity ACIM market and found that manufacturers 
specifically market certain low-capacity automatic commercial ice 
makers 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 automatic commercial ice makers 
currently prescribed at 10 CFR 431.134),\22\ and distributors sell low-
capacity automatic commercial ice makers for commercial use, including 
automatic commercial ice makers from the proposed low-capacity ACIM 
equipment classes.\23\ As such, notwithstanding that low-capacity 
automatic commercial ice makers may also be distributed in commerce for 
personal use or consumption by individuals, low-capacity automatic 
commercial ice makers meet the definition of ``industrial equipment'' 
and therefore are covered under the EPCA definition of ``covered 
equipment.''
---------------------------------------------------------------------------

    \22\ 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-">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">www.hoshizaki.com/docs/color-specs/IM-50BAA-Q.pdf</a>; 
<a href="http://www.hoshizaki.com/docs/color-specs/C-80BAJ-">www.hoshizaki.com/docs/color-specs/C-80BAJ-</a>(AD)DS.pdf; 
<a href="http://www.manitowocice.com/asset/?id=qsoqru&regions=us&prefLang=en">www.manitowocice.com/asset/?id=qsoqru&regions=us&prefLang=en</a>; 
<a href="http://www.scotsman-ice.com/service/Specs%20Sheets/2018/SIS-SS-CU-CU50_0118%20LR.pdf">www.scotsman-ice.com/service/Specs%20Sheets/2018/SIS-SS-CU-CU50_0118%20LR.pdf</a>;<a href="http://iom-stage.azurewebsites.net/getattachment/b06fdb7c-aaaa-4e5b-b5a6-b091e657a0d3/UCG060A-Spec-Sheet">iom-stage.azurewebsites.net/getattachment/b06fdb7c-aaaa-4e5b-b5a6-b091e657a0d3/UCG060A-Spec-Sheet</a>; and 
<a href="http://www.summitappliance.com/catalog/model/BIM44GCSS">www.summitappliance.com/catalog/model/BIM44GCSS</a>.
    \23\ 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="http://www.katom.com/cat/undercounter-ice-makers.html?suggested_use=Commercial&production_range_lb%2Fday=1%20-%2099%20lbs">www.katom.com/cat/undercounter-ice-makers.html?suggested_use=Commercial&production_range_lb%2Fday=1%20-%2099%20lbs</a>; <a href="http://www.ckitchen.com/313767/ice-machine-with-bin.html?filter=type-of-cooling:air-cooled">www.ckitchen.com/313767/ice-machine-with-bin.html?filter=type-of-cooling:air-cooled</a>;4-hr-production:10-50lbs; 
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>.
---------------------------------------------------------------------------

    DOE had previously considered test procedures for low-capacity 
automatic commercial ice makers in a test procedures NOPR for MREFs. 79 
FR 74894 (Dec. 16, 2014). 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) In a 
supplemental notice of proposed determination regarding MREF coverage, 
DOE noted that a working group established to consider test procedures 
and standards for MREFs made two observations: (1) ice makers are 
fundamentally different from the other product categories considered as 
MREFs; 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 notice of proposed 
determination, 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 MREFs. 
81 FR 46767, 46773 (July 18, 2016).
    To this end, DOE is proposing to establish equipment classes for 
specific low-capacity ACIM categories because they have different 
capacity, unique consumer utility features, and different inherent 
energy use than other categories of automatic commercial ice makers.
    DOE is also proposing to establish energy conservation standards 
for low-capacity automatic commercial ice makers. DOE has tentatively 
determined that all low-capacity automatic commercial ice makers are 
self-contained and have air-cooled condensers. DOE has also tentatively 
determined that the low-capacity of these automatic commercial ice 
makers would require different energy conservation standards as 
compared to those already in place for automatic commercial ice makers 
with higher capacities. Additionally, DOE has initially determined that 
the unique operation of refrigerated storage and portable automatic 
commercial ice makers would require separate equipment classes from 
other self-contained, air-cooled low-capacity automatic commercial ice 
makers.
    Based on a review of the low-capacity ACIM market, DOE observed 
that both batch and continuous designs are available in the market, 
although DOE found no evidence of continuous refrigerated storage 
automatic commercial ice makers.
    DOE requests comments on its proposal to establish equipment 
classes and energy conservation standards for low-capacity ACIM 
categories.
Refrigerated Storage Automatic Commercial Ice Makers
    Typical self-contained automatic commercial ice makers have an ice 
storage bin that is insulated but provides no active refrigeration. As 
a result, the ice melts slowly to balance the bin's thermal load, and 
the ice maker must periodically replenish the melted ice. Conversely, 
some self-contained low-capacity automatic commercial ice makers 
feature a refrigerated storage bin that prevents melting of the stored 
ice. Because of the different refrigeration system components, 
automatic commercial ice makers with a refrigerated storage bin (i.e., 
refrigerated storage automatic commercial ice makers) have different 
energy use characteristics than automatic commercial ice makers without 
refrigerated storage. An example of a refrigerated storage automatic 
commercial ice maker is the Whynter UIM-155.\24\
---------------------------------------------------------------------------

    \24\ See <a href="http://www.whynter.com/product/uim-155/">www.whynter.com/product/uim-155/</a>.
---------------------------------------------------------------------------

    In response to the March 2022 Preliminary Analysis, the CA IOUs 
recommended that DOE clarify the distinction between the refrigerated 
storage product class and residential freezers with built-in icemakers. 
(CA IOUs, No. 18 at p. 3) The CA IOUs commented that the new 
refrigerated storage class uses the same design for the ice freezing 
mechanism as residential freezers, and it has similar production 
capacities (i.e., 3-6 lb/day). (Id. at p. 4) The CA IOUs recommended 
that DOE should provide a more precise definition to avoid 
unintentionally bringing within the scope of the ACIM rulemaking any 
residential freezers currently regulated by DOE under 10 CFR 430.32(a). 
(Id.) The CA IOUs also suggested that DOE consider including in the 
definition of refrigerated storage automatic commercial ice makers that 
these units do not provide any interior or door shelving storage (i.e., 
they store only ice as the ice bin fills most of the interior volume). 
(Id. at p. 5)
    The definition of ``Freezer'' at 10 CFR 430.2 includes a provision 
that excludes ``any refrigerated cabinet that consists solely of an 
automatic ice maker and an ice storage bin arranged so that operation 
of the automatic icemaker fills the bin to its capacity.''
    Based on comments received in response to the March 2022 
Preliminary Analysis, DOE is proposing to amend the definition to 
better differentiate refrigerated storage automatic commercial ice 
makers from freezers as follows:
    ``Refrigerated storage automatic commercial ice maker'' means an 
automatic commercial ice maker that has a refrigeration system that 
actively refrigerates the self-contained ice storage bin and for which 
there is no internal storage space other than the ice storage bin that 
holds the produced ice.

[[Page 30526]]

    DOE requests comments on its proposal to amend the definition of 
refrigerated storage automatic commercial ice maker.
2. Manufacturer Trade Groups
    Whirlpool commented that the March 2022 Preliminary Analysis TSD 
did not appear to include analysis of residential ice makers. 
Specifically, Whirlpool noted that AHAM was not listed as an impacted 
manufacturer trade group, nor were Whirlpool or other residential ice 
maker manufacturers listed as potentially-impacted manufacturers in 
chapter 3 of the March 2022 Preliminary TSD. (Whirlpool, No. 26 at p. 
3) AHAM suggested that the MIA should include manufacturers of 
residential products, and that DOE should include these manufacturers 
in its manufacturer interviews. (AHAM, No. 27 at p. 8)
    For this NOPR, DOE updated its assessment of manufacturer trade 
groups to include AHAM and its list of low-capacity ACIM equipment 
original equipment manufacturers (OEMs) to include Whirlpool and other 
relevant manufacturers. To identify additional OEMs of low-capacity 
automatic commercial ice makers, DOE expanded the database used for the 
March 2022 Preliminary Analysis with publicly available data aggregated 
from web scraping retail websites. DOE reviewed this database and 
identified fifteen OEMs of low-capacity automatic commercial ice 
makers. See chapter 3 of the NOPR TSD for a list of OEMs by equipment 
category. In support of this NOPR, DOE's contractors reached out to a 
range of manufacturers and interviewed manufacturers specializing in 
both covered automatic commercial ice makers and low-capacity automatic 
commercial ice makers.
3. Market Share
    AHRI commented that it does not appear that DOE performed its 
analysis of market share in Table 9.3.3 that aligns with the market 
participants in section 3.2.3.2, and that, as a result, AHRI cannot 
corroborate or refute the market share information because of the 
different scopes of equipment. (AHRI, No. 21 at p. 8)
    DOE acknowledges that the analysis of ``major'' industry 
participants in section 3.2.3.2 of the March 2022 Preliminary TSD 
chapter 3 did not encompass low-capacity automatic commercial ice 
makers as it was based on model listings in DOE's Compliance 
Certification Database (CCD). For the NOPR, DOE conducted a more 
comprehensive review of available low-capacity automatic commercial ice 
makers using publicly available data (e.g., data aggregated from web 
scraping retail websites) to estimate low-capacity manufacturer model 
counts. Furthermore, DOE asked manufacturers in confidential interviews 
about the ACIM equipment manufacturer landscape. See chapter 3 of the 
NOPR TSD for an updated review of manufacturers offering covered 
equipment and/or low-capacity ice makers.
4. Inventory
    AHRI commented that Table 3.2.11 should be updated to show 2021 and 
2022 inventory at an all-time low to improve the accuracy of the 
analysis compared to data based on 2019 levels. (AHRI, No. 21 at p. 2)
    In the March 2022 Preliminary TSD, Table 3.2.11 showed the end-of-
year inventory \25\ for North American Industry Classification System 
(NAICS) code 333415 from 2010-2019, according to the U.S. Census 
Bureau's Annual Survey of Manufactures (ASM).\26\ While the ASM's 
reported end-of-year inventory is not an explicit input to DOE's 
analysis of potential amended standards, DOE appreciates the comment 
and has updated the relevant data to include the most up-to-date 
information from ASM. See chapter 3 of the NOPR TSD for additional 
details.
---------------------------------------------------------------------------

    \25\ According to ASM, survey respondents report inventories 
owned by their establishment, ``at cost or market as of December 31 
of the survey year using generally accepted accounting practices but 
before any valuation method adjustments.'' This would include 
finished goods, work-in-process, and materials, supplies, fuels, 
etc. Definitions and instructions for the ASM can be found online at 
<a href="http://www2.census.gov/programs-surveys/asm/technical-documentation/questionnaire/2021/instructions/MA_10000_Instructions.pdf">www2.census.gov/programs-surveys/asm/technical-documentation/questionnaire/2021/instructions/MA_10000_Instructions.pdf</a> (Accessed 
January 16, 2023).
    \26\ U.S. Census Bureau. Annual Survey of Manufactures. (2013-
2021). Available at <a href="http://www.census.gov/programs-surveys/asm.html">www.census.gov/programs-surveys/asm.html</a> (last 
accessed February 1, 2023).
---------------------------------------------------------------------------

5. Technology Options
    In the preliminary market analysis and technology assessment, DOE 
identified 20 technology options that would be expected to improve the 
efficiency of automatic commercial ice makers, as measured by the DOE 
test procedure and shown in Table IV.2.

      Table IV.2--Technology Options for Automatic Commercial Ice Makers in the March 2022 Preliminary TSD
----------------------------------------------------------------------------------------------------------------
                                                  Batch ice      Continuous ice
              Technology options                    makers           makers                   Notes
----------------------------------------------------------------------------------------------------------------
Compressor:
    Improved compressor efficiency...........               X                X
    Alternative Refrigerants.................               X                X
    Part load operation......................               X                X
Condenser:
    Increased surface area...................               X                X
    Enhanced fin surfaces....................               X                X   Air-cooled only.
    Increased air flow.......................               X                X   Air-cooled only.
    Increased water flow.....................               X                X   Water-cooled only.
    Brazed plate condenser...................               X                X   Water-cooled only.
    Microchannel condenser...................               X                X   Air-cooled only.
Fans and Motors:
    Higher efficiency condenser fans and fan                X                X   Air-cooled only.
     motors.
    Improved auger motor efficiency..........  ...............               X
    Improved pump motor efficiency...........               X   ...............
Evaporator:
    Design options that reduce energy loss                  X   ...............
     due to evaporator thermal cycling.
    Design options that reduce harvest                      X   ...............
     meltage or reduce harvest time.
    Larger evaporator surface area...........               X                X
Insulation:

[[Page 30527]]

 
    Improved insulating material and/or                     X                X
     thicker insulation around the evaporator
     compartment or sump.
Refrigeration Line:
    Larger diameter suction line.............               X                X   Remote condensing units with
                                                                                  remote compressor only.
Potable Water:
    Reduced potable water flow...............               X   ...............
    Drain water thermal exchange.............               X   ...............
Expansion Valves:
    Higher Efficiency Expansion Valves.......               X                X
----------------------------------------------------------------------------------------------------------------

    DOE received several comments in response to the March 2022 
Preliminary Analysis regarding the technology assessment.
a. Compressors
    The CA IOUs commented that compressor energy efficiency ratios 
(EERs) and the make and model of the compressor are not listed in ice 
maker manufacturers' spec sheets, and that manufacturers test 
compressors according to AHRI 540, but there is no public database. (CA 
IOUs, No. 18 at p. 8). The CA IOUs commented that providing a range of 
EERs for compressors of all sizes will show the potential energy 
savings of different compressor options. (Id.)
    AHAM added that efficiency is largely driven by the compressor, but 
not all compressors can be approved for hot gas bypass, which is the 
typical harvest approach for batch automatic commercial ice makers. 
(AHAM, No. 27 at p. 12) AHAM noted this means there are compressors 
specific to this application and the market is not large enough for 
compressor manufacturers to make new compressors periodically to 
improve efficiency, and that if DOE were to promulgate standards, 
compressor availability would be a significant concern. (Id.)
    DOE considered the range of EERs for compressor sizes available for 
batch and continuous automatic commercial ice makers at each of the 
representative harvest rates. See chapter 5 of the NOPR TSD for 
additional details.
Alternative Refrigerants
    AHAM commented that DOE's analysis includes alternative 
refrigerants as possible options, and AHRI noted that not all types of 
alternative refrigerants are viable options for ice makers. (Id. at p. 
12) AHAM further noted that use of alternative refrigerants may further 
limit the space available to include a more efficient compressor. 
(Id.). AHAM added that even if the EPA approves alternative refrigerant 
for ice makers, it may not necessarily be a viable design option, as 
ice makers use a flooded evaporator and that limits refrigerant types. 
(Id.)
    AHRI commented that many of the A2L refrigerants have a high 
temperature glide, which negatively impacts performance and energy 
consumption, and that as a result, the ability of the ACIM industry to 
respond and deliver products with A2L or natural refrigerants is 
constrained. (AHRI, No. 21 at p. 5)
    The EPA proposed refrigerant restrictions pursuant to the AIM Act 
\27\ affecting automatic commercial ice makers in the December 2022 EPA 
NOPR. 87 FR 76738. Specifically, EPA proposed prohibitions for three 
categories of automatic commercial ice machines (EPA's term for this 
equipment): (1) stand-alone, with refrigerant charge capacities of 500 
grams or lower, when using or intended to use a regulated substance or 
a blend containing a regulated substance with a global warming 
potential (GWP) of 150 or greater; (2) stand-alone, with refrigerant 
charge capacities of more than 500 grams, when using or intended to use 
any of the following: R-404A, R-507, R-507A, R-428A, R-422C, R-434A, R-
421B, R-408A, R-422A, R-407B, R-402A, R-422D, R-421A, R-125/R-290/R-
134a/R-600a (55/1/42.5/1.5), R-422B, R-424A, R-402B, GHG-X5, R-417A, R-
438A, R-410B, R-407A, R-410A, R-442A, R-417C, R-407F, R-437A, R-407C, 
RS-24 (2004 formulation), and HFC-134a; and (3) remote, when using or 
intended to use any of the following: R-404A, R-507, R-507A, R-428A, R-
422C, R-434A, R-421B, R-408A, R-422A, R-407B, R-402A, R-422D, R-421A, 
R-125/R-290/R-134a/R-600a (55/1/42.5/1.5), R-422B, R-424A, R-402B, GHG-
X5, R-417A, R-438A, and R-410B. Id. at 87 FR 76810-76811. The proposal 
would prohibit manufacture or import of such ice makers starting 
January 1, 2025, and would ban sale, distribution, purchase, receive, 
or export of such ice makers starting January 1, 2026. Id. at 87 FR 
76809. DOE considered the use of alternative refrigerants that are not 
prohibited for automatic commercial ice makers in the December 2022 EPA 
NOPR. See section IV.C.1.a and chapter 5 of the NOPR TSD for additional 
details.
---------------------------------------------------------------------------

    \27\ Under subsection (i) of the AIM Act, entitled ``Technology 
Transitions,'' the EPA may by rule restrict the use of HFCs in 
sectors or subsectors where they are used. A person or entity may 
also petition EPA to promulgate such a rule. ``H.R.133--116th 
Congress (2019-2020): Consolidated Appropriations Act, 2021.'' 
<a href="http://Congress.gov">Congress.gov</a>, Library of Congress, 27 December 2020, 
<a href="http://www.congress.gov/bill/116thcongress/house-bill/133">www.congress.gov/bill/116thcongress/house-bill/133</a>.
---------------------------------------------------------------------------

b. Microchannel Condensers
    The CA IOUs commented that they recommend that DOE consider the 
impacts of microchannel condensers on refrigerant charge, because 
microchannel condensers allow for the reduction of the refrigerant 
charge compared to standard tube-and-fin condensers. (CA IOUs, No. 18 
at p. 7) The CA IOUs commented that using microchannel condensers with 
R-290 refrigerant will allow larger machines to use this refrigerant 
and reduce their energy usage without requiring an increased charge 
limit. (Id.)
    DOE considered the use of microchannel condensers on ACIM 
performance. See section IV.C.1.b and chapter 5 of the NOPR TSD for 
additional details.
    DOE is retaining the technology options from the March 2022 
Preliminary TSD for this NOPR. See chapter 3 of the NOPR TSD for 
additional details.

B. Screening Analysis

    DOE uses the following five screening criteria to determine which 
technology options are suitable for further consideration in an energy 
conservation standards rulemaking:

[[Page 30528]]

    (1) Technological feasibility. Technologies that are not 
incorporated in commercial products or in commercially viable, existing 
prototypes will not be considered further.
    (2) Practicability to manufacture, install, and service. If it is 
determined that mass production of a technology in commercial products 
and reliable installation and servicing of the technology could not be 
achieved on the scale necessary to serve the relevant market at the 
time of the projected compliance date of the standard, then that 
technology will not be considered further.
    (3) Impacts on product utility. If a technology is determined to 
have a significant adverse impact on the utility of the product to 
subgroups of consumers, or result in the unavailability of any covered 
product type with performance characteristics (including reliability), 
features, sizes, capacities, and volumes that are substantially the 
same as products generally available in the United States at the time, 
it will not be considered further.
    (4) Safety of technologies. If it is determined that a technology 
would have significant adverse impacts on health or safety, it will not 
be considered further.
    (5) Unique-pathway proprietary technologies. If a technology has 
proprietary protection and represents a unique pathway to achieving a 
given efficiency level, it will not be considered further, due to the 
potential for monopolistic concerns.
    10 CFR 431.4; 10 CFR part 430, subpart C, appendix A, sections 
6(c)(3) and 7(b).
    In summary, if DOE determines that a technology, or a combination 
of technologies, fails to meet one or more of the listed five criteria, 
it will be excluded from further consideration in the engineering 
analysis. The reasons for eliminating any technology are discussed in 
the following sections.
    The subsequent sections include DOE's evaluation of each technology 
option against the screening analysis criteria and whether DOE 
determined that a technology option should be excluded (screened out) 
based on the screening criteria.
    DOE did not receive any comments in response to the March 2022 
Preliminary Analysis specific to the screening analysis.
1. Screened-Out Technologies
    DOE is retaining the screened-out technologies from the March 2022 
Preliminary TSD for this NOPR (Table IV.3).

                                                       Table IV.3--Screened Out Technology Options
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        EPCA criterion (X = basis for screening out)
                                                                   -------------------------------------------------------------------------------------
                                                                                      Practicability
                         Technology option                           Technological    to manufacture,  Adverse impacts  Adverse impacts  Unique- pathway
                                                                      feasibility      install, and     on utility or    on health and     proprietary
                                                                                          service        availability        safety        technologies
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increased Condenser Air Flow......................................               X   ................               X   ...............  ...............
Reduced Energy Loss Due to Evaporator Thermal Cycling.............  ...............  ................  ...............  ...............               X
Larger Diameter Remote Suction Line...............................  ...............  ................               X   ...............  ...............
Reduced Potable Water Use (<20 gal/100 lb ice)....................  ...............  ................               X   ...............  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

a. Increased Condenser Air Flow
    Increased condenser air flow results in increased heat transfer and 
a reduced condensing temperature, which results in lower compressor 
power. However, increased air flow requires increased fan input power, 
offsetting some (or all) of the compressor power reduction. DOE expects 
that condenser fan motors in automatic commercial ice makers are 
generally sized to optimize performance of the refrigeration system, 
and improved efficiency due to increased air flow may not be 
technically feasible.
    Additionally, increased fan sizes to allow for higher air flow 
rates generally require more space for the fan motor and fan assembly. 
DOE has observed that ACIM designs use the entirety of available 
cabinet space, and therefore any additional component size increases 
would likely require larger cabinet geometries. Because automatic 
commercial ice makers are typically used in locations prioritizing 
smaller equipment footprints (e.g., commercial kitchens), larger 
cabinet sizes may adversely impact the availability of equipment with 
current sizes at a given harvest rate.
b. Reduced Energy Loss Due to Evaporator Thermal Cycling
    During the rulemaking analysis for the January 2015 Final Rule (80 
FR 4646), DOE determined that one technology used by commercially 
available ice makers to reduce thermal mass is proprietary. 80 FR 4646, 
4674. The evaporators used by Hoshizaki America, Inc. contain 
proprietary elements that would make it difficult for others to 
replicate the design. Hence, DOE screened out this option because of 
its proprietary status. See chapter 4 of the January 2015 Final Rule 
TSD.\28\ DOE has tentatively determined that the reduced thermal mass 
evaporator designs continue to contain proprietary elements, and 
therefore has continued to screen this technology option from further 
consideration in this NOPR.
---------------------------------------------------------------------------

    \28\ Available at <a href="http://www.regulations.gov/docket/EERE-2010-BT-STD-0037">www.regulations.gov/docket/EERE-2010-BT-STD-0037</a>.
---------------------------------------------------------------------------

c. Larger Diameter Remote Suction Line
    Increasing the suction line diameter could be considered to reduce 
suction line pressure drop for remote condenser equipment with remote 
compressors. However, the reduced suction vapor velocity associated 
with the approach could degrade oil return effectiveness. Remote ice 
maker line sets can be installed in the field so that suction line 
refrigerant runs up, down, or horizontally to the compressor; hence, 
they are conservatively sized to provide adequate oil return for a wide 
range of installation conditions. DOE has not considered an increase in 
suction line size because of reliability concerns associated with 
potential oil hold-up and compressor failure associated with larger-
diameter line sets.
d. Reduced Potable Water Use (<20 gal/100 lb ice)
    One purpose of water drained from batch ice makers is to remove 
dissolved solids that enter with the potable water supply. Selecting 
excessively low potable water levels can lead to insufficient removal 
of dissolved solids, resulting in increased maintenance costs

[[Page 30529]]

associated with an increased need for descaling operations, and, after 
the ice maker has operated for a number of cycles, the scale build-up 
can reduce ice production and increase energy use. Additionally, 
insufficient drain water may adversely impact ice quality.
    In the January 2015 Final Rule analysis, DOE considered decreases 
in potable water flow down to 20 gal/100 lb ice to ensure proper 
drainage of particulates from the sump, based on feedback from 
stakeholders. See chapter 5 of the January 2015 Final Rule 
analysis.\29\ To ensure appropriate automatic commercial ice maker 
operation, DOE has screened out reductions in potable water use to 
levels below 20 gal/100 lb ice produced for batch ice makers.
---------------------------------------------------------------------------

    \29\ Available at <a href="http://www.regulations.gov/docket/EERE-2010-BT-STD-0037">www.regulations.gov/docket/EERE-2010-BT-STD-0037</a>.
---------------------------------------------------------------------------

2. Remaining Technologies
    Through a review of each technology, DOE tentatively concludes that 
all of the other identified technologies listed in section IV.A.5 of 
this document met all five screening criteria to be examined further as 
design options in DOE's NOPR analysis. In summary, DOE did not screen 
out the following technology options:

                                       Table IV.4--Retained Design Options
----------------------------------------------------------------------------------------------------------------
                                             Batch ice      Continuous ice
           Technology options                  makers           makers                      Notes
----------------------------------------------------------------------------------------------------------------
Compressor:
    Improved compressor efficiency......               X                X
    Alternative refrigerants............               X                X
    Part load operation.................               X                X
Condenser:
    Increased surface area..............               X                X
    Enhanced fin surfaces...............               X                X   Air-cooled only.
    Brazed plate condenser..............               X                X   Water-cooled only.
    Microchannel condenser..............               X                X   Air-cooled only.
Fans and Motors:
    Higher efficiency condenser fans and               X                X   Air-cooled only.
     fan motors.
    Improved auger motor efficiency.....  ...............               X
    Improved pump motor efficiency......               X   ...............
Evaporator:
    Design options that reduce harvest                 X   ...............
     meltage or reduce harvest time.
    Larger evaporator surface area......               X                X
Insulation:
    Improved insulating material and/or                X                X
     thicker insulation around the
     evaporator compartment or sump.
Potable Water:
    Reduced potable water flow (as low                 X   ...............
     as 20 gal/100 lb ice).
    Drain water thermal exchange........               X   ...............
Expansion Valves:
    Higher efficiency expansion valves..               X                X
----------------------------------------------------------------------------------------------------------------

    DOE has initially determined that these technology options are 
technologically feasible because they are being used or have previously 
been used in commercially-available equipment or working prototypes. 
DOE also finds that all of the remaining technology options meet the 
other screening criteria (i.e., practicable to manufacture, install, 
and service and do not result in adverse impacts on consumer utility, 
product availability, health, or safety, unique-pathway proprietary 
technologies). For additional details, see chapter 4 of the NOPR TSD.

C. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of automatic commercial 
ice makers. There are two elements to consider in the engineering 
analysis; the selection of efficiency levels (ELs) to analyze (i.e., 
the efficiency analysis) and the determination of equipment cost at 
each efficiency level (i.e., the cost analysis). In determining the 
performance of higher-efficiency equipment, DOE considers technologies 
and design option combinations not eliminated by the screening 
analysis. For each equipment class, DOE estimates the baseline cost, as 
well as the incremental cost for the equipment at efficiency levels 
above the baseline. The output of the engineering analysis is a set of 
cost-efficiency ``curves'' that are used in downstream analyses (i.e., 
the LCC and PBP analyses and the NIA).
1. Efficiency Analysis
    DOE typically uses one of two approaches to develop energy 
efficiency levels for the engineering analysis: (1) relying on observed 
efficiency levels in the market (i.e., the efficiency level approach), 
or (2) determining the incremental efficiency improvements associated 
with incorporating specific design options to a baseline model (i.e., 
the design-option approach). Using the efficiency-level approach, the 
efficiency levels established for the analysis are determined based on 
the market distribution of existing equipment (in other words, based on 
the range of efficiencies and efficiency level ``clusters'' that 
already exist on the market). Using the design option approach, the 
efficiency levels established for the analysis are determined through 
detailed engineering calculations and/or computer simulations of the 
efficiency improvements from implementing specific design options that 
have been identified in the technology assessment. DOE may also rely on 
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended 
using the design option approach to ``gap fill'' levels (to bridge 
large gaps between other identified efficiency levels) and/or to 
extrapolate to the max-tech level (particularly in cases where the max-
tech level exceeds

[[Page 30530]]

the maximum efficiency level currently available on the market).
    In this rulemaking, DOE relies on a design-option approach, 
supported with reverse engineering multiple analysis units. DOE 
generally relied on test data and reverse engineering to inform a range 
of design options used to reduce energy use. The design options were 
incrementally added to the baseline configuration and continued through 
the ``max-tech'' configuration (i.e., implementing the ``best 
available'' combination of available design options).
    DOE directly analyzed fifteen equipment classes, ten batch type and 
five continuous type, and has selected representative units for 
analysis in these classes. These equipment classes are listed in Table 
IV.5 and Table IV.6. Energy testing and reverse engineering were 
conducted on representative units in those equipment classes to develop 
cost-efficiency relationships for potential design options to reduce 
energy use. DOE has initially determined that the equipment classes 
selected are representative of the ACIM market. For those equipment 
classes not directly analyzed (i.e., the secondary equipment classes), 
DOE represented the cost-efficiency relationship using the results for 
directly analyzed equipment classes with similar design characteristics 
(e.g., the analysis of the continuous, remote condensing and remote 
compressor, >=800 and <4,000 equipment class is also representative of 
the cost-efficiency characteristics of the continuous, remote 
condensing (but not remote compressor), >=800 and <4,000 equipment 
class). See Table IV.7.

                            Table IV.5--Batch Equipment Classes Analyzed in This NOPR
----------------------------------------------------------------------------------------------------------------
                                                                                                    Reverse
                                                                                               engineering unit,
          Equipment type             Condenser cooling type      Harvest rate (lb/24 hours)    directly analyzed
                                                                                                equipment class
----------------------------------------------------------------------------------------------------------------
Ice-Making Head..................  Water.....................                  >50 and <300   ..................
                                                              --------------------------------------------------
                                                                             >=300 and <785             [check]
                                                              --------------------------------------------------
                                                                           >=785 and <1,500             [check]
                                                              --------------------------------------------------
                                                                         >=1,500 and <2,500   ..................
                                                              --------------------------------------------------
                                                                         >=2,500 and <4,000   ..................
                                  ------------------------------------------------------------------------------
                                   Air.......................                  >50 and <300   ..................
                                                              --------------------------------------------------
                                                                             >=300 and <727             [check]
                                                              --------------------------------------------------
                                                                           >=727 and <1,500             [check]
                                                              --------------------------------------------------
                                                                         >=1,500 and <4,000   ..................
----------------------------------------------------------------------------------------------------------------
Remote Condensing (but not remote  Air.......................                  >50 and <988   ..................
 compressor).
                                                              --------------------------------------------------
                                                                           >=988 and <4,000             [check]
----------------------------------------------------------------------------------------------------------------
Remote Condensing and Remote       Air.......................                  >50 and <930   ..................
 Compressor.
                                                              --------------------------------------------------
                                                                           >=930 and <4,000   ..................
----------------------------------------------------------------------------------------------------------------
Self-Contained...................  Water.....................                  >50 and <200   ..................
                                                              --------------------------------------------------
                                                                           >=200 and <2,500   ..................
                                                              --------------------------------------------------
                                                                         >=2,500 and <4,000   ..................
                                  ------------------------------------------------------------------------------
                                   Air.......................                Portable: <=38             [check]
                                                              --------------------------------------------------
                                                                               >38 and <=50   ..................
                                                              --------------------------------------------------
                                                                       Refrigerated Storage             [check]
                                                              --------------------------------------------------
                                                                                       <=50             [check]
                                                              --------------------------------------------------
                                                                               >50 and <134             [check]
                                                              --------------------------------------------------
                                                                             >=134 and <200   ..................
                                                              --------------------------------------------------
                                                                           >=200 and <4,000             [check]
----------------------------------------------------------------------------------------------------------------


[[Page 30531]]


                         Table IV.6--Continuous Equipment Classes Analyzed in This NOPR
----------------------------------------------------------------------------------------------------------------
                                                                                                    Reverse
                                                                                               engineering unit,
          Equipment type             Condenser cooling type      Harvest rate (lb/24 hours)    directly analyzed
                                                                                                equipment class
----------------------------------------------------------------------------------------------------------------
Ice-Making Head..................  Water.....................                  >50 and <801             [check]
                                                              --------------------------------------------------
                                                                           >=801 and <1,500   ..................
                                                              --------------------------------------------------
                                                                         >=1,500 and <2,500   ..................
                                                              --------------------------------------------------
                                                                         >=2,500 and <4,000   ..................
                                  ------------------------------------------------------------------------------
                                   Air.......................                  >50 and <310   ..................
                                                              --------------------------------------------------
                                                                             >=310 and <820             [check]
                                                              --------------------------------------------------
                                                                           >=820 and <1,500   ..................
                                                              --------------------------------------------------
                                                                         >=1,500 and <4,000   ..................
----------------------------------------------------------------------------------------------------------------
Remote Condensing (but not remote  Air.......................                  >50 and <800   ..................
 compressor).
                                                              --------------------------------------------------
                                                                           >=800 and <4,000   ..................
----------------------------------------------------------------------------------------------------------------
Remote Condensing and Remote       Air.......................                  >50 and <800   ..................
 Compressor.
                                                              --------------------------------------------------
                                                                           >=800 and <4,000             [check]
----------------------------------------------------------------------------------------------------------------
Self-Contained...................  Water.....................                  >50 and <900   ..................
                                                              --------------------------------------------------
                                                                           >=900 and <2,500   ..................
                                                              --------------------------------------------------
                                                                         >=2,500 and <4,000   ..................
                                  ------------------------------------------------------------------------------
                                   Air.......................                      Portable   ..................
                                                              --------------------------------------------------
                                                                                       <=50   ..................
                                                              --------------------------------------------------
                                                                               >50 and <149             [check]
                                                              --------------------------------------------------
                                                                             >=149 and <700             [check]
                                                              --------------------------------------------------
                                                                           >=700 and <4,000   ..................
----------------------------------------------------------------------------------------------------------------


Table IV.7--Map of Secondary Classes to the Associated Directly Analyzed
                             Equipment Class
------------------------------------------------------------------------
                                           Associated directly analyzed
        Secondary equipment class                 equipment class
------------------------------------------------------------------------
B-IMH-W (>50 and <300)..................  B-IMH-W (>=300 and <785).
B-IMH-W (>=1,500 and <2,500)............  B-IMH-W (>=785 and <1,500).
B-IMH-W (>=2,500 and <4,000)............  B-IMH-W (>=785 and <1,500).
B-IMH-A (>50 and <300)..................  B-IMH-A (>=300 and <727).
B-IMH-A (>=1,500 and <4,000)............  B-IMH-A (>=727 and <1,500).
B-RC(NRC)-A (>50 and <988)..............  B-RC(NRC)-A (>=988 and
                                           <4,000).
B-RC&RC-A (>50 and <930)................  B-RC(NRC)-A (>=988 and
                                           <4,000).
B-RC&RC-A (>=930 and <4,000)............  B-RC(NRC)-A (>=988 and
                                           <4,000).
B-SC-A (Portable) (>38 and <=50)........  B-SC-A (Portable) (<=38).
B-SC-W (>50 and <200)...................  B-SC-A (>50 and <134).
B-SC-A (>=134 and <200).................  B-SC-A (>50 and <134).
B-SC-W (>=200 and <2,500)...............  B-SC-A (>=200 and <4,000).
B-SC-W (>=2,500 and <4,000).............  B-SC-A (>=200 and <4,000).
C-IMH-W (>=801 and <1,500)..............  C-IMH-W (>50 and <801).
C-IMH-W (>=1,500 and <2,500)............  C-IMH-W (>50 and <801).
C-IMH-W (>=2,500 and <4,000)............  C-IMH-W (>50 and <801).
C-IMH-A (>50 and <310)..................  C-IMH-A (>=310 and <820).
C-IMH-A (>=820 and <1,500)..............  C-IMH-A (>=310 and <820).
C-IMH-A (>=1,500 and <4,000)............  C-IMH-A (>=310 and <820).
C-RC(NRC)-A (>50 and <800)..............  C-RC&RC-A (>=800 and <4,000).
C-RC(NRC)-A (>=800 and <4,000)..........  C-RC&RC-A (>=800 and <4,000).
C-RC&RC-A (>50 and <800)................  C-RC&RC-A (>=800 and <4,000).
C-SC-W (>50 and <900)...................  C-SC-A (>50 and <149).
C-SC-W (>=900 and <2,500)...............  C-SC-A (>=149 and <700).
C-SC-W (>=2,500 and <4,000).............  C-SC-A (>=149 and <700).
C-SC-A (>=700 and <4,000)...............  C-SC-A (>=149 and <700).

[[Page 30532]]

 
C-SC-A (Portable).......................  B-SC-A (Portable) (<=38).
C-SC-A (<=50)...........................  C-SC-A (>50 and <149).
------------------------------------------------------------------------

    See chapter 5 of the NOPR TSD for additional detail on the 
different units analyzed.
a. Baseline Energy Use
    For each equipment class, DOE generally selects a baseline model as 
a reference point for each class, and measures changes resulting from 
potential energy conservation standards against the baseline. The 
baseline model in each equipment class represents the characteristics 
of equipment typical of that class (e.g., capacity, physical size). 
Generally, a baseline model is one that just meets current energy 
conservation standards, or, if no standards are in place, the baseline 
is typically the most common or least efficient unit on the market.
    For this NOPR, DOE considered the current standards for automatic 
commercial ice makers when developing the baseline energy use for each 
analyzed equipment class. In the case of equipment without current 
standards (i.e., low-capacity ACIM equipment), DOE considered tested 
energy use of directly analyzed units in a given proposed equipment 
class to inform the development of baseline energy use.
    In response to the March 2022 Preliminary Analysis, AHRI and 
Hoshizaki commented that DOE's analysis should take into consideration 
and incorporate refrigerants that can be used going forward, and DOE's 
analysis should be updated to include A1 refrigerants that can meet the 
1,500 GWP requirement. (AHRI, No. 21 at p. 4; Hoshizaki, No. 20 at p. 
3) AHRI and Hoshizaki also noted that R-290 is limited to 150 grams of 
charge, and this refrigerant is not practical for larger capacity ice 
makers so DOE should be mindful of what percentage of machines can use 
R-290 under the regulations and building codes currently in place. 
(AHRI, No. 21 at p. 4; Hoshizaki, No. 20 at p. 4)
    AHAM commented additionally that DOE has not accounted for the 
European Union's F-Gas rule and Canadian regulatory developments on 
refrigerant. (AHAM, No. 27 at p. 12)
    AHRI added that DOE must also consider the impact of EPA 
regulations on lower GWP refrigerants on the ACIM industry, which can 
have a negative impact on equipment performance, energy consumption, 
and cost. (AHRI, No. 21 at p. 4) AHRI added its members that have been 
testing the efficiency of alternative refrigerants and found these low 
GWP refrigerants can decrease ACIM equipment efficiency by 10 percent, 
depending on refrigerant and application. (Id.)
    As recommended by stakeholders, DOE is considering the impact of 
the December 2022 EPA NOPR in this NOPR. The proposed date of the ban 
of manufacture or import of refrigerants prohibited in automatic 
commercial ice makers is at least 2 years earlier than the expected 
compliance date for any amended ACIM standards associated with the 
proposals in this document. Hence, the proposed refrigerant 
prohibitions listed in the December 2022 EPA NOPR are assumed to be 
enacted for the purpose of DOE's analysis in support of this NOPR. DOE 
acknowledges that the European Union and Canada have requirements that 
prohibit certain refrigerants but notes that the December 2022 EPA NOPR 
will require certain refrigerant prohibitions for automatic commercial 
ice makers in the United States.
    Refrigerants not prohibited from use in automatic commercial ice 
makers in the December 2022 EPA NOPR are presumed to be permitted for 
use in automatic commercial ice makers. However, EPA has not yet listed 
all such potential refrigerants or use conditions as acceptable for use 
in automatic commercial ice makers.\30\ For example, EPA currently 
lists R-290 as acceptable with use conditions for a refrigerant charge 
of up to 150 grams in automatic commercial ice makers with non-remote 
condensers, but DOE expects that EPA will increase the allowable charge 
to 500 grams to harmonize with the maximum charge quantity allowed by 
industry safety standards \31\ and to be consistent with the December 
2022 EPA NOPR (i.e., prohibitions for stand-alone, or non-remote 
condensing, automatic commercial ice makers with refrigerant charge 
capacities of 500 grams or lower, when using or intended to use a 
regulated substance or a blend containing a regulated substance with a 
GWP of 150 or greater).
---------------------------------------------------------------------------

    \30\ See <a href="http://www.epa.gov/snap/substitutes-commercial-ice-machines">www.epa.gov/snap/substitutes-commercial-ice-machines</a>.
    \31\ UL Standard 60335-2-89, Edition 2, published on October 27, 
2021.
---------------------------------------------------------------------------

    Based on feedback received during manufacturer interviews, public 
comments,\32\ and certified ACIM models,\33\ DOE understands that 
automatic commercial ice makers with harvest rates of up to 500 lb ice/
24 h can be produced using an R-290 charge up to 150 grams. Based on 
feedback received during manufacturer interviews, DOE expects that non-
remote condensing ACIM harvest rates of up to 1,500 lb ice/24 h are 
possible with an R-290 charge of up to 500 grams and that manufacturers 
will choose R-290 (or, for lower-capacity automatic commercial ice 
makers, R-600a \34\) in all ACIM models with harvest rates of up to 
1,500 lb ice/24 h to comply with the December 2022 EPA NOPR.
---------------------------------------------------------------------------

    \32\ See <a href="http://www.energystar.gov/sites/default/files/Hoshizaki%20Comment.pdf">www.energystar.gov/sites/default/files/Hoshizaki%20Comment.pdf</a>.
    \33\ See <a href="http://www.energystar.gov/productfinder/product/certified-commercial-ice-machines/results?formId=650720-3-4334-05-6629642&scrollTo=460&search_text=&ice_type_filter=&equipment_type_filter=&brand_name_isopen=0&harvest_rate_lbs_ice_day_filter=&refrigerant_with_gwp_filter=Lower+impact+on+global+warming&markets_filter=United+States&zip_code_filter=&product_types=Select+a+Product+Category&sort_by=harvest_rate_lbs_ice_day&sort_direction=DESC&currentZipCode=23917&page_number=0&lastpage=0">www.energystar.gov/productfinder/product/certified-commercial-ice-machines/results?formId=650720-3-4334-05-6629642&scrollTo=460&search_text=&ice_type_filter=&equipment_type_filter=&brand_name_isopen=0&harvest_rate_lbs_ice_day_filter=&refrigerant_with_gwp_filter=Lower+impact+on+global+warming&markets_filter=United+States&zip_code_filter=&product_types=Select+a+Product+Category&sort_by=harvest_rate_lbs_ice_day&sort_direction=DESC&currentZipCode=23917&page_number=0&lastpage=0</a>.
    \34\ DOE expects that EPA will list R-600a as acceptable with 
use conditions, similar to R-290, for use in automatic commercial 
ice makers.
---------------------------------------------------------------------------

    DOE expects that the use of R-290 or R-600a generally will improve 
efficiency as compared with the refrigerants currently in use (e.g., R-
404A and R-134a), which are proposed to be prohibited by the December 
2022 EPA NOPR, because R-290 and R-600a have higher refrigeration cycle 
efficiency than the current refrigerants. Thus, for automatic 
commercial ice makers with harvest rates of up to 1,500 lb ice/24 h 
with non-remote condensers, DOE expects that the December 2022 EPA NOPR 
will require redesign that will improve efficiency of these automatic 
commercial ice makers. Hence, DOE proposes to use baseline levels for 
automatic commercial ice makers with harvest rates of up to 1,500 lb 
ice/24 h with non-remote condensers, which reflect the design changes 
made by manufacturers in response to the

[[Page 30533]]

December 2022 EPA NOPR that incorporates refrigerant conversion to R-
290 or R-600a to a design at the current baseline level using current 
refrigerants in this NOPR. The expected efficiency improvement 
associated with this refrigerant change varies by class and is 
presented in Table IV.8. DOE's analysis considers that these efficiency 
improvements, equipment costs, and manufacturer investments required to 
comply with the December 2022 EPA NOPR will be in effect prior to the 
time of compliance for the proposed amended DOE ACIM standards for 
analyzed automatic commercial ice makers with harvest rates of up to 
1,500 lb ice/24 h with non-remote condensers.
    EPA currently lists certain refrigerants as acceptable that are not 
prohibited by the December 2022 EPA NOPR for non-remote condensing 
automatic commercial ice makers with harvest rates above 1,500 lb ice/
24 h and all remote condensing automatic commercial ice makers may use 
(e.g., R-448A and R-449A). DOE expects that EPA will list as acceptable 
more viable refrigerants for non-remote condensing automatic commercial 
ice makers with harvest rates above 1,500 lb ice/24 h and all remote 
condensing automatic commercial ice makers.
    DOE reviewed public information regarding refrigerants that are not 
prohibited by the December 2022 EPA NOPR for non-remote condensing 
automatic commercial ice makers with harvest rates above 1,500 lb ice/
24 h and all remote condensing automatic commercial ice makers may use 
and found that energy use is comparable to current refrigerants.\35\ 
For non-remote condensing automatic commercial ice makers with harvest 
rates above 1,500 lb ice/24 h and all remote condensing automatic 
commercial ice makers, DOE expects that the baseline level for the NOPR 
analysis is equal to the current DOE ACIM energy conservation standard 
level and that equipment costs and manufacturer investments required to 
comply with the December 2022 EPA NOPR will be in effect prior to the 
time of compliance for the proposed amended DOE ACIM standards.
---------------------------------------------------------------------------

    \35\ See <a href="http://www.ahrinet.org/analytics/research/ahri-low-gwp-alternative-refrigerants-evaluation-program?keyword=ice%20maker">www.ahrinet.org/analytics/research/ahri-low-gwp-alternative-refrigerants-evaluation-program?keyword=ice%20maker</a>.

 Table IV.8--Proposed December 2022 EPA NOPR R-290 or R-600a Energy Use
                                Baseline
------------------------------------------------------------------------
                                                           Energy use
   Directly analyzed equipment class    Representative   reduction below
                                         harvest rate   DOE standard (%)
------------------------------------------------------------------------
B-IMH-W (>=300 and <785)..............             461                 8
B-IMH-W (>=785 and <1,500)............           1,470                 7
B-IMH-A (>=300 and <727)..............             351                 4
B-IMH-A (>=727 and <1,500)............           1,331                 2
B-RC(NRC)-A (>=988 and <4,000)........           1,508                 0
B-SC-A (Portable ACIM) (<=38).........              28                 9
B-SC-A (Refrigerated Storage ACIM)....               6                33
B-SC-A (<=50).........................              22                14
B-SC-A (>50 and <134).................             105                12
B-SC-A (>=200 and <4,000).............             227                13
C-IMH-W (>50 and <801)................             760                 5
C-IMH-A (>=310 and <820)..............             346                 9
C-RC&RC-A (>=800 and <4,000)..........           1,100                 0
C-SC-A (>50 and <149).................             144                29
C-SC-A (>=149 and <700)...............             230                21
------------------------------------------------------------------------

    In response to the March 2022 Preliminary Analysis, the CA IOUs 
commented that they commend DOE for comparing compressor EERs and would 
like to see more of this comparison for large ice makers. (CA IOUs, No. 
18 at p. 7) The CA IOUs noted that all size machines could benefit from 
upgraded compressor efficiencies. (Id. at p. 6) The CA IOUs commented 
that these upgraded components are widely available on the market, and 
that ice maker manufacturers can purchase them in high volume at a 
reduced price. (Id.) The CA IOUs stated that although R-290 compressors 
are currently limited to 5,000 Btu/h due to charge limits, DOE should 
perform EER range analysis for R-404A compressors over 5,000 Btu/h in 
order to provide complete data on compressor efficiency. (Id. at p. 8) 
The CA IOUs commented that this analysis will show the range of 
efficient and inefficient compressors available on the market for large 
ice machines rated at more than 500 lb/day. (Id.)
    AHAM commented that even though efficiency is driven largely by the 
compressor, a higher efficiency compressor in and of itself does not 
necessarily drive a higher efficiency ice maker because the harvest 
cycle is driven by heat build-up within the system, so higher 
efficiency compressors that generate less heat can have a less 
efficient harvest cycle, leading to a lower overall efficiency for the 
ice maker. (AHAM, No. 27 at p. 12)
    DOE considered compressors suitable for batch and continuous 
automatic commercial ice makers based on compressors currently 
available on the market. For directly analyzed classes that can use up 
to 500 grams of R-290 and for which there are no R-290 compressors 
currently available on the market at the compressor capacity required 
for the representative harvest rate, DOE used the R-404A compressor 
currently available on the market suitable for batch and continuous 
automatic commercial ice makers with the highest EER to inform the R-
290 baseline in that equipment class.
    In this NOPR, DOE used the equation from the March 2022 Preliminary 
Analysis to account for the reduced energy use improvements of higher 
efficiency compressors in batch automatic commercial ice makers because 
the harvest cycle limits the potential energy savings over a whole 
batch cycle because as batch automatic commercial ice makers typically 
use hot gas refrigerant to release the ice cubes from the evaporator 
during a harvest. See chapter 5 of the NOPR TSD for additional detail.

[[Page 30534]]

    In this NOPR, DOE did not consider additional compressor efficiency 
improvements beyond the baseline because DOE expects that the 
compressors currently available on the market for refrigerants used to 
comply with the December 2022 EPA NOPR represent the maximum compressor 
efficiency achievable for each respective equipment class.
    The CA IOUs commented that the ice making mechanism for 
refrigerated storage ice makers is distinct from all commercial 
automatic commercial ice makers in that the ice is frozen by the air 
inside the refrigerated cavity rather than the ice making mechanism. 
(CA IOUs, No. 18 at p. 3) The CA IOUs added that this ice making 
mechanism, identified by DOE for refrigerated storage automatic 
commercial ice makers, is almost identical to the ice making mechanism 
in residential refrigerator/freezer combinations. (Id.) The CA IOUs 
stated that DOE should base allowable energy usage consumption of 
refrigerated storage ice makers on the assumption of 12.8 kWh/100 lb, 
as used in the residential refrigerator/freezer rulemaking, rather than 
the 44.7 kWh/100 lb that is assumed in the preliminary TSD. (Id. at p. 
4) The CA IOUs commented that allowing such high energy consumption for 
this product category would leave substantial energy savings 
unrealized. (Id.) The CA IOUs recommended DOE select a higher 
efficiency level for the refrigerated storage product class. (Id. at p. 
3)
    As discussed in section IV.A.1.a of this document, refrigerated 
storage automatic commercial ice makers have different energy use 
characteristics than automatic commercial ice makers without 
refrigerated storage. For refrigerator-freezers and freezers, the 
energy use associated with maintaining the cold ice storage bin 
temperature is covered by the test procedure and energy conservation 
standard absent consideration of energy use for making ice. In 
contrast, for refrigerated storage automatic commercial ice makers, the 
energy use required to keep the interior at freezing temperature during 
active icemaking is included in the test procedure and thus must be 
included in the energy conservation standards. The baseline energy use 
of refrigerated storage automatic commercial ice makers was developed 
through test data conducted in support of this proposed rulemaking.
    AHRI stated that DOE's assumption that energy use values scale to 
other more traditional ACIM equipment is likely not accurate and that 
DOE should explain how its analysis was performed for non-
representative units. (AHRI, No. 21 at p. 9)
    For those equipment classes not directly analyzed (i.e., the 
secondary equipment classes), DOE represented the cost-efficiency 
relationship using the results for directly analyzed equipment classes 
with similar design characteristics (e.g., the analysis of the 
C.RCRC.A.4000 equipment class is also representative of the cost-
efficiency characteristics of the C.RCNRC.A.4000 equipment class).
    AHAM commented that DOE should test and tear down an adequate 
number of residential low-capacity automatic commercial ice makers, 
noting that DOE only analyzed three low-capacity units and only tore 
down one. (AHAM, No. 27 at pp. 11-12) AHAM also commented that DOE's 
energy use analysis, design options, costs, and baseline and more 
efficient efficiency levels are likely inaccurate due to the limited 
testing. (Id. at p. 12) Additionally, AHAM commented that due to lack 
of testing of residential products, DOE's modeling does not account for 
the fact that the harvest cycle is not predictable and does not lead to 
predictable results. (Id. at pp. 12-13)
    The CA IOUs commented that DOE could provide anonymous data on the 
low-capacity units it has tested and confirm the usage scenarios for 
the products to confirm they would have commercial applications. (CA 
IOUs, No. 18 at p. 3)
    In support of this NOPR, DOE tested and tore down seven portable 
automatic commercial ice makers (five batch and two continuous), four 
refrigerated storage automatic commercial ice makers (all batch), and 
six low-capacity, self-contained, air-cooled automatic commercial ice 
makers (four batch and two continuous) that are representative of the 
low-capacity automatic commercial ice maker market.
    DOE requests comments on its proposal to use baseline levels for 
automatic commercial ice makers based upon the design changes made by 
manufacturers in response to the December 2022 EPA NOPR.
b. Higher Efficiency Levels
    As part of DOE's analysis, the maximum available efficiency level 
is the highest efficiency unit currently available on the market. DOE 
also defines a ``max-tech'' efficiency level to represent the maximum 
possible efficiency for given equipment.
    After conducting the screening analysis described in section IV.B 
of this document and chapter 4 of the NOPR TSD, DOE considered the 
remaining design options in the engineering analysis to achieve higher 
efficiency levels. See chapter 5 of

[…truncated; see source link]
Indexed from Federal Register on May 11, 2023.

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