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Rule2023-19999

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

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Published

September 26, 2023

Effective

October 26, 2023

Issuing agencies

Energy Department

Abstract

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

Full Text

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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Rules and Regulations]
[Pages 66152-66230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19999]

[[Page 66151]]

Vol. 88

Tuesday,

No. 185

September 26, 2023

Part II

Department of Energy

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10 CFR Parts 429 and 431

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

Federal Register / Vol. 88, No. 185 / Tuesday, September 26, 2023 /
Rules and Regulations

[[Page 66152]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2017-BT-TP-0008]
RIN 1904-AD83

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

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

ACTION: Final rule.

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

DATES: The effective date of this rule is October 26, 2023. The
amendments will be mandatory for equipment testing starting September
20, 2024.
The incorporation by reference of certain material listed in the
rule is approved by the Director of the Federal Register on October 26,
2023.

ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>.
All documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a>
index. However, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2017-BT-TP-0008">www.regulations.gov/docket/EERE-2017-BT-TP-0008</a>. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket. For further information on how to review the docket, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: <a href="/cdn-cgi/l/email-protection#317041415d58505f52546245505f55504355426044544245585e5f427154541f555e541f565e47">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington,
DC, 20585-0121. Telephone: (202) 586-9870. Email:
<a href="/cdn-cgi/l/email-protection#1c5d6c6c70757d727f794f687d72787d6e786f4d69796f687573726f5c797932787379327b736a">[email&#160;protected]</a>.
Mr. Peter Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 20585-
0121. Telephone: (202) 586-9496. Email: <a href="/cdn-cgi/l/email-protection#6d3d0819081f432e020e051f0c032d051c43090208430a021b">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standards into 10 CFR part 431:
AHRI Standard 1200-2023 (I-P), 2023 Standard for Performance Rating
of Commercial Refrigerated Display Merchandisers and Storage Cabinets,
copyright 2023 (``AHRI 1200-2023'').
ANSI/AHRI Standard 1320-2011 (I-P), 2011 Standard for Performance
Rating of Commercial Refrigerated Display Merchandisers and Storage
Cabinets for Use With Secondary Refrigerants, copyright 2011 (``ANSI/
AHRI 1320-2011'').
ANSI/ASHRAE Standard 72-2022:

<bullet> Method of Testing Open and Closed Commercial Refrigerators and
Freezers, approved June 30, 2022; and
<bullet> Errata Sheet, November 11, 2022

(``ANSI/ASHRAE 72-2022'').
ASTM F2143-16, Standard Test Method for Performance of Refrigerated
Buffet and Preparation Tables, approved May 1, 2016 (``ASTM F2143-
16'').
Copies of AHRI 1200-2023 and AHRI 1320-2011 can be obtained by
going to <a href="http://www.ahrinet.org/standards/search-standards">www.ahrinet.org/standards/search-standards</a>.
Copies of ASHRAE 72-2022 can be obtained by going to
<a href="http://www.techstreet.com/standards/ashrae-72-2022?product_id=1710927">www.techstreet.com/standards/ashrae-72-2022?product_id=1710927</a> and the
November 11, 2022 Errata can be obtained by going to <a href="http://www.ashrae.org/technical-resources/standards-and-guidelines/standards-errata">www.ashrae.org/technical-resources/standards-and-guidelines/standards-errata</a>.
Copies of ASTM F2143-16 can be purchased at <a href="http://www.astm.org/f2143-16.html">www.astm.org/f2143-16.html</a>.
For a further discussion of these standards, see section IV.N of
this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope and Definitions
1. Ice-Cream Freezers
2. High-Temperature CRE
3. Convertible Equipment
B. Updates to Industry Standards
1. AHRI 1200
2. ASHRAE 72
3. Secondary Coolants
C. Test Conditions for Specific CRE Categories
1. Salad Bars, Buffet Tables, and Refrigerated Preparation
Tables
2. Pull-Down Temperature Applications
3. Blast Chillers and Blast Freezers
4. Chef Bases and Griddle Stands
5. Mobile Refrigerated Cabinets
6. Additional Covered Equipment
D. Harmonization of Efficiency Standards and Testing With NSF 7-
2019 Food Safety
E. Dedicated Remote Condensing Units
F. Test Procedure Clarifications and Modifications
1. Defrost Cycles
2. Total Display Area
G. Alternative Refrigerants
H. Certification of Compartment Volume
I. Test Procedure Waivers
J. Enforcement Provisions
K. Lowest Application Product Temperature
L. Removal of Obsolete Provisions
M. Sampling Plan
N. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
O. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563 and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

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

[[Page 66153]]

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

A. Authority

The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, added by Public Law
95-619, Title IV, section 441(a), established the Energy Conservation
Program for Certain Industrial Equipment, which sets forth a variety of
provisions designed to improve energy efficiency. This equipment
includes CRE, the subject of this document. (42 U.S.C. 6311 (1)(E))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6311),
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE
must use these test procedures to determine whether the equipment
complies with relevant standards promulgated under EPCA. (42 U.S.C.
6316(a); 42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however,
grant waivers of Federal preemption for particular State laws or
regulations, in accordance with the procedures and other provisions of
EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered equipment. EPCA requires that any test procedures prescribed or
amended under this section must be reasonably designed to produce test
results which reflect energy efficiency, energy use, or estimated
annual operating cost of a given type of covered equipment during a
representative average use cycle, and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
With respect to CRE, EPCA requires DOE to use the test procedures
determined by the Secretary to be generally accepted industry
standards, or industry standards developed or recognized by the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (``ASHRAE'') or American National Standards Institute
(``ANSI''). (42 U.S.C. 6314(a)(6)(A)(i)) With regard to self-contained
CRE to which statutory standards are applicable, the required initial
test procedure is the ASHRAE 117 test procedure in effect on January 1,
2005. (42 U.S.C. 6314(a)(6)(A)(ii)) Additionally, EPCA requires that if
ASHRAE 117 is amended, the Secretary shall, by rule, amend the test
procedure for the product as necessary to ensure that the test
procedure is consistent with the amended ASHRAE 117 test procedure,
unless the Secretary makes a determination, by rule, and supported by
clear and convincing evidence, that to do so would not meet the
statutory requirements regarding representativeness and burden. (42
U.S.C. 6314(a)(6)(E)) Finally, EPCA states that if a test procedure
other than the ASHRAE 117 test procedure is approved by ANSI, DOE must
review the relative strengths and weaknesses of the new test procedure
relative to the ASHRAE 117 test procedure and adopt one new test
procedure for use in the standards program. (42 U.S.C.
6314(a)(6)(F)(i)) \3\
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\3\ In 2005, ASHRAE combined Standard 72-1998, ``Method of
Testing Open Refrigerators,'' and Standard 117-2002 and published
the test method as ASHRAE Standard 72-2005, ``Method of Testing
Commercial Refrigerators and Freezers,'' which was approved by ANSI
on July 29, 2005.
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EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including CRE, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle. (42 U.S.C.
6314(a)(1))
In addition, if the Secretary determines that a test procedure
amendment is warranted, the Secretary must publish proposed test
procedures in the Federal Register and afford interested persons an
opportunity (of not less than 45 days' duration) to present oral and
written data, views, and arguments on the proposed test procedures. (42
U.S.C. 6314(b)) If DOE determines that test procedure revisions are not
appropriate, DOE must publish in the Federal Register its determination
not to amend the test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this final rule in satisfaction of the 7-year
review requirement specified in EPCA. (42 U.S.C. 6314(a)(1)(A))

B. Background

DOE's current test procedure for CRE appears at 10 CFR part 431,
subpart C, appendix B (``Amended Uniform Test Method for the
Measurement of Energy Consumption of Commercial Refrigerators,
Freezers, and Refrigerator-Freezers'' or ``appendix B'').
DOE last amended the test procedure for CRE in a final rule
published on April 24, 2014 (``April 2014 Final Rule''). 79 FR 22277.
Specifically, DOE clarified certain terms, procedures, and compliance
dates to improve repeatability and provide additional detail compared
to the prior version of the test procedure. DOE noted that the
amendments in the April 2014 Final Rule would not affect the energy use
of CRE as measured under the prior version of the test procedure. 79 FR
22277, 22280-22281.
The test procedure incorporates by reference the following industry
standards: (1) AHRI Standard 1200 (I-P)-2010, ``Performance Rating of
Commercial Refrigerated Display Merchandisers and Storage Cabinets''
(``AHRI 1200-2010''); (2) ASHRAE Standard 72-2005, ``Method of Testing
Commercial Refrigerators and Freezers,'' which was approved by ANSI on
July 29, 2005 (``ASHRAE 72-2005''); and (3) ANSI/Association of Home
Appliance Manufacturers (``AHAM'') Standard HRF-1-2008, ``Energy and
Internal Volume of Refrigerating Appliances'' (``AHAM HRF-1-2008'') for
determining refrigerated volumes for CRE.
On June 11, 2021, DOE published in the Federal Register an early
assessment

[[Page 66154]]

request for information (``June 2021 RFI'') seeking comments on the
existing DOE test procedure for CRE. 86 FR 31182. In the June 2021 RFI,
DOE requested comments, information, and data regarding a number of
issues, including (1) scope and definitions, (2) updates to industry
standards, (3) test conditions for specific CRE categories, (4)
harmonization with food safety standards, (5) remote condensing units,
(6) test procedure clarifications, (7) alternative refrigerants, (8)
compartment volume certification, and (9) test procedure waivers.
On June 30, 2022, DOE published in the Federal Register a notice of
proposed rulemaking (``NOPR'') that proposed to update and establish
test procedures for CRE (``June 2022 NOPR''). 87 FR 39164. In the June
2022 NOPR, DOE proposed to and requested feedback on the following:
(1) Establish new definitions for high-temperature refrigerator,
medium-temperature refrigerator, low-temperature freezer, and mobile
refrigerated cabinet, and amend the definition for ice-cream freezer;
(2) Incorporate by reference the most current versions of industry
standards AHRI 1200, ASHRAE 72, and AHRI 1320;
(3) Establish definitions and a new appendix C including test
procedures for buffet tables and preparation tables;
(4) Establish definitions and a new appendix D including test
procedures for blast chillers and blast freezers;
(5) Amend the definition for chef base or griddle stand;
(6) Specify refrigerant conditions for CRE that use R-744;
(7) Allow for certification of compartment volumes based on
computer-aided design (``CAD'') models;
(8) Incorporate provisions for defrosts and customer order storage
cabinets currently specified in waivers and interim waivers;
(9) Adopt product-specific enforcement provisions;
(10) Clarify use of the lowest application product temperature
(``LAPT'') provisions;
(11) Remove the obsolete test procedure in appendix A; and
(12) Specify a sampling plan for volume and total display area
(``TDA'').
87 FR 39164.
DOE received comments in response to the June 2022 NOPR from the
interested parties listed in Table I.1.

Table I.1--List of Commenters With Written Submissions in Response to the June 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
AHT Cooling Systems GmbH................ AHT....................... 40 Manufacturer.
Air-Conditioning, Heating, and AHRI...................... 38 Trade Association.
Refrigeration Institute.
Appliance Standards Awareness Project, Joint Commenters.......... 31 Efficiency Organizations.
American.
Council for an Energy-Efficient Economy,
and Natural Resources Defense Council.
Continental Refrigerator................ Continental............... 29 Manufacturer.
Hillphoenix, Inc........................ Hillphoenix............... 35 Manufacturer.
Hoshizaki America, Inc.................. Hoshizaki................. 30 Manufacturer.
Hussmann Corporation.................... Hussmann.................. 32 Manufacturer.
National Automatic Merchandising NAMA...................... 33 Trade Association.
Association.
North American Association of Food NAFEM..................... 34 Trade Association.
Equipment Manufacturers.
Northwest Energy Efficiency Alliance.... NEEA...................... 39 Efficiency Organization.
Pacific Gas and Electric Company, San CA IOUs................... 36 Energy Utilities.
Diego Gas & Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
True Manufacturing Company, Inc......... True...................... 28 Manufacturer.
Zero Zone, Inc.......................... Zero Zone................. 37 Manufacturer.
----------------------------------------------------------------------------------------------------------------

A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\4\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the August 1, 2022, public meeting, DOE cites the written
comments throughout this final rule. Any oral comments provided during
the public meeting that are not substantively addressed by written
comments are summarized and cited separately throughout this final
rule.
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\4\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for CRE. (Docket No. EERE-2017-BT-TP-0008, which is
maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
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II. Synopsis of the Final Rule

In this final rule, DOE amends and establishes test procedures for
CRE as follows:
(1) Establish new definitions for high-temperature refrigerator,
medium-temperature refrigerator, low-temperature freezer, and mobile
refrigerated cabinet, and amend the definition for ice-cream freezer;
(2) Incorporate by reference the most current versions of industry
standards AHRI 1200, ASHRAE 72, and AHRI 1320;
(3) Establish definitions and a new appendix C including test
procedures for buffet tables and preparation tables;
(4) Establish definitions and a new appendix D including test
procedures for blast chillers and blast freezers;
(5) Amend the definition and certain test conditions for chef bases
or griddle stands;
(6) Specify refrigerant conditions for CRE that use R-744;
(7) Allow for certification of compartment volumes based on
computer-aided design (``CAD'') models;
(8) Incorporate provisions for defrosts and customer order storage
cabinets currently specified in waivers and interim waivers;
(9) Adopt product-specific enforcement provisions;
(10) Clarify use of the lowest application product temperature
(``LAPT'') provisions;
(11) Remove the obsolete test procedure in appendix A; and
(12) Specify a sampling plan for volume and total display area
(``TDA'').
The adopted amendments are summarized and compared to the test
procedure provision prior to the amendment in Table II.1, along with
the reason for the adopted change.

[[Page 66155]]

Table II.1--Summary of Changes in the Amended Test Procedure
----------------------------------------------------------------------------------------------------------------
Changes from the June
2022 NOPR proposed test
DOE Test Procedure Prior to Amendment Amended Test Procedure procedure summary of Attribution
changes
----------------------------------------------------------------------------------------------------------------
Defines commercial refrigerator Defines high- None................... Improves
without delineating between units temperature representativeness.
that operate at medium and high refrigerator and
temperatures. medium-temperature
refrigerator to
account for new high-
temperature rating
point.
Defines ice-cream freezer as a type Defines low-temperature None................... Improves
of commercial freezer. freezer to delineate representativeness.
between ice-cream
freezers and other
commercial freezers.
Ice-cream freezer definition refers Ice-cream definition Expanded to ``ice cream Improves
only to ``ice cream''. refers more broadly to and other frozen representativeness.
``ice cream and other desserts''.
frozen desserts''.
References AHRI 1200-2010 for rating References AHRI 1200- Updated to harmonize Harmonizes with most
requirements. 2023 for rating with most recent recent industry
requirements. version of AHRI 1200. standard.
References ASHRAE 72-2005 for test References ASHRAE 72- Updated to harmonize Harmonizes with most
requirements. 2022 with Errata for with most recent recent industry
test requirements. version of ASHRAE 72. standard.
References AHAM HRF-1-2008 for volume References AHRI 1200- Updated to harmonize Harmonizes with most
measurement. 2023 for volume with most recent recent industry
requirements. version of AHRI 1200. standard.
Includes a single 38 [deg]F rating Specifies 38 [deg]F None................... Improves
point for commercial refrigerators. rating point for representativeness;
medium-temperature harmonizes with
refrigerators and 55 industry standard.
[deg]F rating point
for high-temperature
refrigerators.
Does not specify a method for testing References AHRI 1320- None................... Improves
CRE with secondary coolants. 2011 for CRE used with representativeness;
secondary coolants. harmonizes with
industry standard.
Does not specify definitions or test Defines buffet table None................... Improves
procedures for buffet tables and and preparation table representativeness;
preparation tables. and establishes test harmonizes with
procedures based on industry standard.
ASTM F2143-16.
Does not specify definitions or test Defines blast chiller None................... Improves
procedures for blast chillers and and blast freezer and representativeness;
blast freezers. establishes test harmonizes with
procedures based on industry standard.
expected industry test
method.
Chef base or griddle stand definition Clarifies chef base or None................... Improves
does not refer to a maximum height. griddle stand representativeness.
definition by
specifying a maximum
height of 32 in. for
this equipment.
Chef bases or griddle stands have a Chef bases or griddle Updated test conditions Improves
dry-bulb temperature of 75.2 [deg]F; stands have a dry-bulb representativeness.
wet-bulb temperature of 64.4 [deg]F; temperature of 86.0
and radiant heat temperature of [deg]F; wet-bulb
greater than or equal to 70.0 [deg]F. temperature of 73.7
[deg]F; and radiant
heat temperature of
greater than or equal
to 81.0 [deg]F.
Does not provide procedures for CRE References ASHRAE 72- Updated to harmonize Addresses existing
with no automatic defrost or with 2022 with Errata for with most recent waiver; harmonizes
long duration defrost cycles. test instructions for version of ASHRAE 72. with industry
units with no standard.
automatic defrost and
adopts optional two-
part test for CRE with
defrost cycles longer
than 24 hours.
Includes conflicting instructions Corrects errors in Updated to harmonize Improves
regarding TDA calculation. current test procedure with most recent representativeness,
by reference to AHRI version of AHRI 1200. repeatability, and
1200-2023. reproducibility;
harmonizes with
industry standard.
Provides refrigerant conditions that Specifies refrigerant Includes tolerances and Improves
are applicable only to common conditions to allow updates conditions to representativeness;
refrigerants. for testing with ensure appropriate harmonizes with
carbon dioxide operation within existing waiver.
refrigerant. tolerances.
Requires determining volume based on Allows the use of CAD None................... Reduces test burden.
testing. models to certify
volume.
Specifies a single door opening Defines customer order None................... Improves
sequence. storage cabinet representativeness;
equipment category and harmonizes with
specifies an alternate existing waiver.
door opening sequence
for this equipment.
Does not specify product-enforcement Includes product- None................... Improves clarity.
provisions. enforcement provisions
for determining volume
and TDA.

[[Page 66156]]

Specifies LAPT instructions for Clarifies use of LAPT None................... Improves clarity.
temperatures above target test provisions for
temperature. operating temperatures
below the target test
temperature.
Includes obsolete appendix A and Removes obsolete None................... Improves readability.
current appendix B test procedures. appendix A; adds new
appendix C for testing
buffet tables and
preparation tables,
and adds new appendix
D for testing blast
chillers and blast
freezers.
Does not specify a sampling plan for Specifies that volume None................... Improves
volume and TDA. and TDA be determined representativeness,
based on the mean of repeatability, and
the test sample. reproducibility.
----------------------------------------------------------------------------------------------------------------

DOE has determined that the amendments described in section III of
this document and adopted in this document will not alter the measured
efficiency of CRE currently subject to energy conservation standards,
or require retesting or recertification solely as a result of DOE's
adoption of the amendments to the test procedures. Additionally, DOE
has determined that the amendments will not increase the cost of
testing for CRE currently tested to the existing test procedure. For
chef bases or griddle stands, buffet tables and preparation tables, and
blast chillers and blast freezers, testing according to the amended or
established test procedure will not be required until the compliance
date of any energy conservation standards for that equipment. However,
any representations of energy use for chef bases or griddle stands,
buffet tables and preparation tables and blast chillers and blast
freezers must be made in accordance with the amended test procedure
starting 360 days after this final rule publishes in the Federal
Register. While DOE does not expect that manufacturers will incur
additional cost as a result of the established test procedure, DOE
provides a discussion of testing costs in section III.O.1 of this
document. Discussion of DOE's actions are addressed in detail in
section III of this document.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 360 days after the publication of this final rule.

III. Discussion

A. Scope and Definitions

``Commercial refrigerator, freezer, and refrigerator-freezer''
means refrigeration equipment that is not a consumer product (as
defined in 10 CFR 430.2); is not designed and marketed exclusively for
medical, scientific, or research purposes; operates at a chilled,
frozen, combination chilled and frozen, or variable temperature;
displays or stores merchandise and other perishable materials
horizontally, semi-vertically, or vertically; has transparent or solid
doors, sliding or hinged doors, a combination of hinged, sliding,
transparent, or solid doors, or no doors; is designed for pull-down
temperature applications or holding temperature applications; and is
connected to a self-contained condensing unit or to a remote condensing
unit. 10 CFR 431.62.
For the purpose of determining applicability of certain test
procedure provisions, DOE proposed in the June 2022 NOPR to amend
certain existing definitions and to establish certain new definitions,
as discussed in the following paragraphs. 87 FR 39164, 39168-39171. DOE
discusses additional equipment definitions and test procedures for
specific equipment categories in section III.C of this document.
1. Ice-Cream Freezers
DOE defines certain categories of CRE, including ``ice-cream
freezer.'' DOE defines an ``ice-cream freezer'' as a commercial freezer
that is designed to operate at or below -5 [deg]F <plus-minus>2 [deg]F
(-21 [deg]C <plus-minus>1.1 [deg]C) and that the manufacturer designs,
markets, or intends for the storing, displaying, or dispensing of ice
cream. 10 CFR 431.62.
In the June 2022 NOPR, DOE did not identify any technical features
that would allow for distinguishing ice-cream freezers from other
commercial freezers capable of operating at low temperatures and
therefore did not propose in the June 2022 NOPR to include any
additional equipment characteristics in the ice-cream freezer
definition. 87 FR 39164, 39168.
a. Frozen Desserts
DOE noted in the June 2022 NOPR that the equipment term and
definition reference ``ice cream,'' but ``ice cream'' is not defined.
87 FR 39164, 39168. DOE acknowledged that other frozen products may be
similarly stored and displayed. Id. For example, food products such as
gelato, frozen yogurt, and sorbet are typically displayed, stored, and
dispensed in the same manner as ice cream. Id. The CRE used for these
products is likely similar, if not identical, to equipment used to
store, display, or dispense ice cream. Id.
To clarify the equipment classification and to avoid potential
misunderstanding that the term ``ice-cream freezer'' is limited to
equipment associated with ice cream and not other similar products, DOE
proposed in the June 2022 NOPR to amend this term's definition to refer
to equipment designed, marketed, or intended for the storing,
displaying, or dispensing of ``frozen desserts,'' rather than ice cream
specifically. 87 FR 39164, 39169. DOE stated in the NOPR that it does
not expect this proposal to affect testing or certifications for
existing CRE, because equipment designed for frozen desserts other than
ice cream that otherwise meets the ice-cream freezer definition are
likely already tested and certified as ice-cream freezers. Id.
As proposed in the June 2022 NOPR, ice-cream freezer means:
(1) Prior to the compliance date(s) of any amended energy
conservation standard(s) for ice-cream freezers, a commercial freezer
that is designed to

[[Page 66157]]

operate at or below -5.0 [deg]F (<plus-minus>2.0 [deg]F) and that the
manufacturer designs, markets, or intends for the storing, displaying,
or dispensing of frozen desserts; or
(2) Upon the compliance date(s) of any amended energy conservation
standard(s) for ice-cream freezers, a commercial freezer that is
designed for an operating temperature at or below -15.0 [deg]F (<plus-
minus>2.0 [deg]F) and that the manufacturer designs, markets, or
intends for the storing, displaying, or dispensing of frozen desserts.
Id.
In response to the June 2022 NOPR, Hussmann stated its support of
the amended definition for ``frozen desserts'' rather than ice cream
specifically. (Hussmann, No. 32, p. 2) Hussmann also asked DOE to
include in this definition the temperature range needed to operate ice-
cream freezers, stating it does not oppose the definition change, but
cautioning that some models intended for ``frozen desserts'' may not be
able to achieve the DOE ice-cream ratings. Id.
The CA IOUs stated their support to amend the definition for ``ice-
cream freezer'' to include all ``frozen desserts'' and to test frozen
dessert freezers at either 0 [deg]F or -15 [deg]F. (CA IOUs, No. 36, p.
10)
AHRI disagreed with DOE's proposal to amend the ice-cream freezer
definition to refer to equipment intended for ``frozen desserts,''
because while some commercial refrigeration equipment models are sold
and marketed as ``ice-cream freezers,'' AHRI was not aware of any
product specifically marketed for ``frozen desserts.'' (AHRI, No. 38,
p. 2). AHRI noted that the term ``frozen desserts'' was not defined,
and that DOE indicated its intention to clarify ``ice cream'' could
include gelato, frozen yogurt, sorbet, and other ice-cream-like
products. Id. AHRI commented that they disagree with DOE's statement
that these products are typically displayed, stored, and dispensed in
the same manner as ice cream; in fact, these additional products have
an array of temperature requirements depending on their characteristics
(fat content, etc.) and the application holding, dispensing, etc.). Id.
AHRI also noted that the term ``frozen desserts'' is problematic
because it might encompass products with requirements different than
ice-cream-like, such as frozen pastries, cakes, fruits, chocolates, and
other confectionary items served frozen at the end of a meal, while
excluding ``frozen treats'' or ``frozen snacks.'' Id.
Continental commented that it disagreed with DOE's proposal to
amend the ice-cream freezer definition to refer to equipment intended
for ``frozen desserts;'' while some commercial refrigeration equipment
models are sold and marketed as ``ice-cream freezers,'' Continental
knew of none marketed for ``frozen desserts,'' a term DOE has not
defined. (Continental, No. 29, p. 1-2) Continental disagreed with DOE's
statement that gelato, frozen yogurt, sorbet, and other ice-cream-like
products were typically displayed, stored, and dispensed in the same
manner as ice cream, as described in the NOPR, since these products
have an array of temperature requirements depending on their
characteristics (fat content, etc.) and the application (holding,
dispensing, etc.). Id. Continental also found the term ``frozen
desserts'' problematic because it might include frozen pastries, cakes,
fruits, chocolates, and other confectionary items served frozen at the
end of a meal, but with temperature requirements different than ice-
cream-like products. Id. Continental commented that ice-cream freezers
have features, such as manual defrost systems and cold-wall
evaporators, that differentiate them from standard freezers to minimize
temperature excursions during normal defrost periods. Id.
Hillphoenix disagreed with the proposal to amend the ice-cream
freezer definition to refer to frozen desserts, as this change will not
clarify the intended equipment to which this category is applied and
will continue to drive uncertainty in the industry. (Hillphoenix, No.
35, p. 1) Hillphoenix recommended removing the product type reference
from the category name and referencing a general name based on
manufacturers' intent and internal air temperature (``IAT''). Id.
Hillphoenix commented that the operating temperature combined with
manufacture intent would be the main characteristic that distinguishes
different types of freezers, and noted that the proposed high-
temperature, the existing medium-temperature, and low-temperature
categories do not reference a specific product type. Id. Hillphoenix
stated the term ``ice-cream freezer'' could be named ``sub-zero
freezer.'' Id.
In response to Hussmann's comment, DOE states that the definition
of ``ice-cream freezer,'' as proposed in the June 2022 NOPR, includes
the operating temperature range required to meet the definition of an
ice-cream freezer. 87 FR 39164, 39168. Any model that is unable to
operate at the required integrated average temperature shall use the
lowest application product temperature to certify.
In response to AHRI's, Continental's, and Hillphoenix's comments,
DOE provided examples in the June 2022 NOPR of ice-cream-like products
that are typically displayed, stored, and dispensed in the same manner
as ice cream (gelato, frozen yogurt, and sorbet). 87 FR 39164, 39168-
39169. As stated in the June 2022 NOPR, the CRE used for these food
products is likely similar, if not identical, to equipment used to
store, display, or dispense ice cream. Id. In addition, DOE has
determined that ``frozen treats'' or ``frozen snacks'' are understood
to be synonymous with ``frozen desserts.'' To provide greater clarity,
DOE is amending the definition to specify ``of ice cream or other
frozen desserts''. DOE also notes that the definition of ``ice-cream
freezer,'' as proposed in the June 2022 NOPR, includes the operating
temperature range required to meet the definition, and that the
manufacturer designs, markets, or intends for the storing, displaying,
or dispensing of frozen desserts. 87 FR 39164, 39168-39170. If a
commercial freezer does not meet the requirements of an ice-cream
freezer, then it would be a low-temperature freezer, according to the
definition as proposed in the June 2022 NOPR. Id.
In response to Continental's comment regarding certain features of
ice-cream freezers, DOE stated in the June 2022 NOPR that, while ice-
cream freezers may implement manual defrosts or cold wall evaporators,
DOE is aware of these equipment designs in other commercial freezers,
such that they do not uniquely distinguish ice-cream freezers. 87 FR
39164, 39169.
b. Operating Temperature Range
Appendix B requires testing all ice-cream freezers to an IAT of -15
[deg]F. However, the term ``ice-cream freezer'' includes a variety of
equipment with a range of typical operating temperatures during normal
use. For example, certain ice-cream freezers are designed to operate
considerably below -5 [deg]F (sometimes referred to as ``hardening
cabinets'' and specifically designed for ice-cream storage), while
other ice-cream freezers are designed to operate closer to 0 [deg]F
during typical use (e.g., ``dipping cabinets'' and other equipment used
to hold ice cream intended for immediate consumption). Ice-cream
freezers intended for higher-temperature operation are often not
capable of achieving an IAT of -15 [deg]F. In such an instance,
appendix B requires testing the units to the LAPT.
AHRI 1200-2023 maintains the existing rating points for commercial
freezers (i.e., -15.0 [deg]F <plus-minus>2.0 [deg]F for ice-cream
applications and 0.0 [deg]F <plus-minus>2.0 [deg]F for low-temperature
applications) in section 4.1.1, ``Integrated Average

[[Page 66158]]

Temperature.'' Consistent with AHRI 1200-2023, DOE is not amending the
commercial freezer target IATs for testing.
Of the 346 ice-cream freezer models certified to DOE,\5\ 21 are
rated based on LAPTs higher than -15 [deg]F, including 12 models with a
rating temperature of -5 [deg]F. Many of these models have a horizontal
or service over counter configuration and are intended to hold ice
cream for immediate consumption.
---------------------------------------------------------------------------

\5\ Based on review of DOE's Compliance Certification Database,
available at <a href="http://www.regulations.doe.gov/certification-data">www.regulations.doe.gov/certification-data</a> (last
accessed February 23, 2023).
---------------------------------------------------------------------------

DOE recognizes that testing and rating certain commercial freezers
to 0 [deg]F may be more appropriate than testing and rating to -15
[deg]F. DOE already requires a 0 [deg]F rating temperature for
commercial freezers. In the June 2022 NOPR, DOE tentatively determined
that ice-cream freezers that meet the current ice-cream freezer
definition but cannot operate as low as an IAT of -15 [deg]F <plus-
minus>2 [deg]F can be tested at an IAT of 0 [deg]F <plus-minus>2
[deg]F. 87 FR 39164, 39170.
To better distinguish between ice-cream freezers and other
commercial freezers (i.e., ice-cream freezers not capable of reaching
an IAT of -15 [deg]F <plus-minus>2.0 [deg]F), DOE proposed in the June
2022 NOPR to amend the ice-cream freezer definition to specify that the
designed operating temperature is required to be at or below -15.0
[deg]F (<plus-minus>2.0 [deg]F), upon the compliance date(s) of any
amended energy conservation standard(s) for ice-cream freezers. 87 FR
39164, 39170. DOE also proposed to clarify which commercial freezers
are required to test at an IAT of 0 [deg]F according to appendix B by
defining the term ``low-temperature freezer'' to mean a commercial
freezer that is not an ice-cream freezer. Id. In the June 2022 NOPR,
DOE requested comment on the proposed amended definition for ``ice-
cream freezer'' and the proposed definition for ``low-temperature
freezer.'' Id.
Zero Zone and AHRI commented that modifying the definition of
``ice-cream freezer'' through two separate requests is confusing and
asked that in future correspondence, DOE provide the composite final
draft of a definition. (Zero Zone, No. 37, p. 2; AHRI, No. 38, p. 2)
Zero Zone and AHRI also commented that the rules for different product
categories are based on temperature, but both groups could find no
mention of temperature in this context and assumed it was the IAT. Id.
Zero Zone and AHRI asked that DOE clarify and state that the
temperatures listed are the integrated average product temperature. Id.
In addition, Zero Zone and AHRI commented that mixing product types and
product temperatures in a definition was challenging and confusing. Id.
Zero Zone and AHRI stated that manufacturers make generic commercial
freezers that customers employ in a variety of uses. Id. Finally, Zero
Zone and AHRI stated that in the 2007 proposed rule (RE: 10 CFR part
431.62 and FR/Vol 72 No. 143/Thursday, July 26, 2007 page 41173) \6\
(``July 2007 ANOPR''), DOE clarified the application and definition of
``generic commercial freezer'' and requested that DOE codify its
comments from 2007 into the formal definition, because it currently
exists only in a proposed rule and should be clarified in a final rule
to ease manufacturer concerns. Id.
---------------------------------------------------------------------------

\6\ See <a href="http://www.govinfo.gov/content/pkg/FR-2007-07-26/pdf/07-3640.pdf">www.govinfo.gov/content/pkg/FR-2007-07-26/pdf/07-3640.pdf</a>.
---------------------------------------------------------------------------

In the August 2022 public meeting, ICF commented that rather than
saying ``operate at or below -5 plus-or-minus 2 Fahrenheit,'' there
should be a threshold and no tolerance because ``at or below''
contradicts ``plus-or-minus 2,'' and the same is the case with the
refrigerators. (Public Meeting Transcript, No. 41, p. 21).
AHRI, Continental, and Hussmann commented that they agree with
DOE's intention to amend the definition of ``ice-cream freezer'' to
products with operating temperatures at or below -15 [deg]F, but
recommended refining the definition to specify ``ice-cream hardening
freezer'' or ``ice-cream holding freezer'' to clarify the proper
application and equipment marketing. (AHRI, No. 38, p. 3; Continental,
No. 29, p. 2; Hussmann, No. 32, p. 2) AHRI, Continental, and Hussmann
also commented they were unaware of any ice cream that was dispensed or
served at or below -15 [deg]F. Id.
Continental agreed with DOE that a separate definition for ``low-
temperature freezer'' as a commercial freezer that will maintain -15
[deg]F but is not an ice-cream freezer was appropriate. (Continental,
No. 29, p. 2) Continental further commented that equipment in this
category should be tested and rated at -15 [deg]F to reflect the
intended application. Id. Continental stated commercial freezers that
cannot operate as low as -15 [deg]F, and are not marketed for ice-cream
applications, can be tested and rated at 0 [deg]F, and should be
classified under the current definition of ``commercial freezer.'' Id.
In addition, Continental commented that although the test procedures
for ``ice-cream hardening/holding'' and ``non-ice-cream'' freezers at -
15 [deg]F may be similar, DOE's energy standards expressed in 10 CFR
part 431 have significant differences in how allowable energy
consumption levels are calculated for self-contained ice-cream freezers
versus other self-contained commercial freezers, therefore changes in
this test procedure rulemaking will have substantial impact. Id.
Hillphoenix agreed with the proposal to amend the ice-cream freezer
operating temperature to be <= -15 [deg]F and to include this in the
definition, but recommended that DOE specify if the rating temperature
of -15 [deg]F IAT will change, as currently the ice-cream freezer
category has an operating temperature of <= -5 [deg]F and a rating
temperature of -15 [deg]F <plus-minus>2 [deg]F IAT. (Hillphoenix, No.
35, p. 1)
Hillphoenix disagreed with the proposal to modify the definition of
``low-temperature freezer'' to refer to a non-ice-cream freezer, as
this change will not clarify the intended equipment in this category
since ice cream can be displayed in freezers not intended to operate at
<= -15 [deg]F, which will continue to drive uncertainty in the
industry. (Hillphoenix, No. 35, p. 1) Hillphoenix recommended that DOE
amend the operating temperature of the low-temperature category from >
-5 [deg]F and <32 [deg]F to > -15 [deg]F and <32 [deg]F if such changes
are applied to the ice-cream category. Id. Hillphoenix also proposed
that each category of CRE reference the IAT only and not the operating
temperature to drive consistency between categories. Id.
NEEA supported DOE's proposed modifications to the definition of
``ice-cream freezers'' to include operating characteristics instead of
how the equipment was marketed for use because technical
characteristics provide clearer differentiation of equipment than
marketing materials. (NEEA, No. 39, p. 2). NEEA restated its previous
concern that some ice-cream freezers that meet the existing marketing-
based definition cannot operate at an IAT of -15 [deg]F <plus-minus>2
[deg]F, which represents DOE's proposed defining characteristic and DOE
has proposed a new term, ``low-temperature freezer'' for those ice-
cream freezers, with their testing point at 0 [deg]F. Id. NEEA
recommended that DOE review the products that meet this new definition
of ``low-temperature freezer'' but not the new definition for ``ice-
cream freezer'' to ensure that the equipment is similar enough to be
grouped together and that the test conditions are representative for
all products. Id.
The Joint Commenters stated support for DOE's proposed changes that
remove ambiguity in the definition of ``ice-cream freezers'' and ensure
all ice-cream

[[Page 66159]]

and low-temperature freezers are tested at a uniform temperature, -15
[deg]F and 0 [deg]F, respectively. (Joint Commenters, No. 31, p. 1)
The CA IOUs commented that, in a survey of products available on
the market, they determined ice-cream dipping cabinets listed in DOE's
Compliance Certification Management System (``CCMS'') that were tested
at -5 [deg]F and -10 [deg]F can achieve 0 [deg]F. (CA IOUs, No. 36, p.
10)
True commented that the equipment category of ``low-temperature
freezer'' is not included in NSF/ANSI 7-2021. (True, No. 28, p. 4) True
also commented that when a freezer is designed to hold -15.0 [deg]F
(<plus-minus>2.0 [deg]F), the energy consumption will be much higher
due to the use of larger displacement compressors, as well as the use
of more anti-condensation and defrost heaters, such as heated glass.
Id.
In response to Zero Zone's and AHRI's comments, DOE notes that the
definition of ``ice-cream freezer,'' as proposed in the June 2022 NOPR,
refers to ``operating temperature,'' defined in 10 CFR 431.62 as
follows:
Operating temperature means the range of integrated average
temperatures at which a self-contained commercial refrigeration unit or
remote-condensing commercial refrigeration unit with a thermostat is
capable of operating or, in the case of a remote-condensing commercial
refrigeration unit without a thermostat, the range of integrated
average temperatures at which the unit is marketed, designed, or
intended to operate.
However, DOE understands the definition of ``ice-cream freezer,''
as proposed in the June 2022 NOPR, states ``operating temperature'' in
the second part of the definition and ``to operate'' in the first part
of the definition. 87 FR 39164, 39168-39170. Therefore, DOE is amending
the definition of ``ice-cream freezer'' to include ``operating
temperature'' in both parts of the definition.
Zero Zone and AHRI also referenced the July 2007 ANOPR discussion
of the ``ice-cream freezer'' definition. DOE expects that Zero Zone and
AHRI are referring to the discussion which states that unless equipment
is designed, marketed, or intended specifically for the storage,
display or dispensing of ice cream, it would not be considered an
``ice-cream freezer.'' 72 FR 41161, 41173. Multi-purpose commercial
freezers, manufactured for storage and display, for example, of frozen
foods as well as ice cream would not meet this definition. Id. DOE also
expects that the update to ``ice-cream applications'' in section
4.1.1.2 of AHRI 1200-2023 is consistent with Zero Zone's and AHRI's
comments. Consistent with the discussion of the July 2007 ANOPR, DOE is
amending the definition of ``ice-cream freezer'' to include the term
``specifically''.
In response to ICF's comment, DOE is amending the definition of
``ice-cream freezer'' to remove the temperature tolerances and
adjusting the temperature in the second part of the definition to
specify the upper bound of the ice-cream freezer IAT test condition
tolerance, consistent with DOE's intention of the definition proposed
in the June 2022 NOPR.
In response to AHRI's, Continental's, and Hussmann's comments, the
definition of ``ice-cream freezer,'' as proposed in the June 2022 NOPR,
states that the manufacturer designs, markets, or intends for the
storing, displaying, or dispensing of frozen desserts which encompasses
terms or equipment such as ``ice-cream hardening'' or ``ice-cream
holding.'' 87 FR 39164, 39168-39169. DOE notes that if a commercial
freezer does not meet the requirements of an ice-cream freezer, then
the commercial freezer would be a low-temperature freezer, according to
the definition as proposed in the June 2022 NOPR. 87 FR 39164, 39170.
Commercial freezers that are not ice-cream freezers (i.e., low-
temperature freezers) are currently tested at 0 [deg]F (<plus-minus>2
[deg]F). As discussed in the June 2022 NOPR, the definition of ``ice-
cream freezer'' will not require a more restrictive operating
temperature range until the compliance date(s) of any amended energy
conservation standard(s) for ice-cream freezers. 87 FR 39164, 39170.
In response to Hillphoenix's comment, as stated in the June 2022
NOPR, DOE is not amending the commercial freezer target IATs for
testing, which is consistent with AHRI 1200-2023. 87 FR 39164, 39170.
As stated in the June 2022 NOPR, DOE recognizes that the reference to
``ice-cream'' in the definition of ``ice-cream freezer'' does not
itself distinguish this equipment from other commercial freezers, and
that the additional descriptors specified in the definition (i.e.,
designed to operate at or below -5 [deg]F) together classify a unit as
an ice-cream freezer. 87 FR 39164, 39169. Therefore, a commercial
freezer that is not designed for an operating temperature at or below -
5.0 [deg]F, or -13.0 [deg]F upon the compliance date(s) of any amended
energy conservation standard(s) for ice-cream freezers, and that the
manufacturer designs, markets, or intends specifically for the storing,
displaying, or dispensing of ice cream or other frozen desserts would
meet the definition of a low-temperature freezer.
In response to NEEA's comment, DOE states the CRE that currently
meet the definition of ``ice-cream freezer'' but that would only meet
the definition of ``low-temperature freezer'' upon the compliance
date(s) of any amended energy conservation standard(s) for ice-cream
freezers, are likely similar, if not identical, to certain equipment
that currently meet the definition of ``low-temperature freezer.''
In response to True's comment, DOE recognizes that the definitions
and categories do not necessarily match those included in the NSF 7
standard, but DOE is establishing definitions for the purposes of the
DOE test procedure. To the extent that different equipment categories
require different components due to different operating temperatures,
DOE would consider the corresponding energy use impacts as part of the
energy conservation standards rulemaking.
Therefore, as described, DOE is amending the definition of ``ice-
cream freezer'' as follows:
Ice-cream freezer means:
(1) Prior to the compliance date(s) of any amended energy
conservation standard(s) for ice-cream freezers, a commercial freezer
that is capable of an operating temperature at or below -5.0 [deg]F and
that the manufacturer designs, markets, or intends specifically for the
storing, displaying, or dispensing of ice cream or other frozen
desserts; or
(2) Upon the compliance date(s) of any amended energy conservation
standard(s) for ice-cream freezers, a commercial freezer that is
capable of an operating temperature at or below -13.0 [deg]F and that
the manufacturer designs, markets, or intends specifically for the
storing, displaying, or dispensing of ice cream or other frozen
desserts.
DOE is establishing the definition of ``low-temperature freezer''
as proposed in the June 2022 NOPR in this final rule:
Low-temperature freezer means a commercial freezer that is not an
ice-cream freezer.
2. High-Temperature CRE
DOE defines ``commercial refrigerator'' as a unit of commercial
refrigeration equipment in which all refrigerated compartments in the
unit are capable of operating at or above 32 [deg]F (<plus-minus>2
[deg]F). 10 CFR 431.62.
Section 2.1 of appendix B requires testing commercial refrigerators
to an IAT of 38 [deg]F <plus-minus>2 [deg]F. DOE is aware of equipment
that meets the definition of a commercial refrigerator but is capable
of operating only at temperatures above the 38 [deg]F <plus-minus>2
[deg]F IAT required for testing. Examples of these types of equipment

[[Page 66160]]

include CRE designed for storing or displaying chocolate and/or wine,
with typical recommended storage temperatures around 55 [deg]F.
Consistent with the current test procedure, manufacturers certify such
equipment using the LAPT setting. LAPT can vary by model, so this
approach, which does not rely on a uniform operating temperature, can
result in measured energy consumptions that are not necessarily
comparable between models. Currently, 145 models of single-compartment
commercial refrigerators are certified to DOE with an LAPT above 40.0
[deg]F.\7\ Categorizing these commercial refrigerators in a separate
high-temperature refrigerator category would allow DOE to consider test
procedures for this equipment that may better represent actual use.
---------------------------------------------------------------------------

\7\ Based on review of DOE's Compliance Certification Database,
available at <a href="http://www.regulations.doe.gov/certification-data">www.regulations.doe.gov/certification-data</a> (last
accessed February 23, 2023).
---------------------------------------------------------------------------

To allow for differentiating typical commercial refrigerators from
commercial refrigerators that operate only at higher temperatures, DOE
proposed in the June 2022 NOPR to define ``high-temperature
refrigerator'' as a commercial refrigerator that is not capable of
operating with an integrated average temperature as low as 38.0 [deg]F
(<plus-minus>2.0 [deg]F). 87 FR 39164, 39171.
DOE stated in the June 2022 NOPR that it recognized certain
commercial refrigerators may be capable of operating with an IAT of
38.0 [deg]F (<plus-minus>2.0 [deg]F) but are intended for use at higher
storage temperatures. Id. However, DOE proposed to define ``high-
temperature refrigerator'' based on operating capability rather than
intended use to ensure consistent application of DOE's definitions and
to ensure that CRE currently tested and rated with an IAT of 38.0
[deg]F (<plus-minus>2.0 [deg]F) would continue to be categorized,
tested, and rated at that operating condition. Id.
To clarify the classification of commercial refrigerators overall,
DOE also proposed in the June 2022 NOPR to define the term ``medium-
temperature refrigerator'' to refer to commercial refrigerators capable
of operating with an IAT of 38.0 [deg]F (<plus-minus>2.0 [deg]F) or
lower. Id.
DOE also proposed to require testing high-temperature refrigerators
according to AHRI 1200-2023, which requires an IAT of 55 [deg]F <plus-
minus>2.0 [deg]F. Id. Under the June 2022 NOPR approach, a commercial
refrigerator would be tested and rated as either a medium-temperature
refrigerator (if capable of operating with an IAT of 38.0 [deg]F
(<plus-minus>2.0 [deg]F)) or as a high-temperature refrigerator (if not
capable of operating with an IAT as low as 38.0 [deg]F (<plus-minus>2.0
[deg]F)). Id.
In the June 2022 NOPR, DOE recognized that certain commercial
refrigerators may be capable of operating at IATs of both 38 [deg]F
(<plus-minus>2.0 [deg]F) and 55 [deg]F (<plus-minus>2.0 [deg]F). Id. In
the April 2014 Final Rule, DOE stated that CRE capable of operating at
IATs that span multiple equipment categories must be certified and
comply with DOE's regulations for each applicable equipment category.
79 FR 22277, 22291. The definition of ``high-temperature
refrigerator,'' as proposed in the June 2022 NOPR, would exclude CRE
capable of operating at medium temperatures (i.e., an IAT of 38
[deg]F), and therefore would exclude models capable of operating at
both IATs. 87 FR 39164, 39171. Thus, as proposed in the June 2022 NOPR,
a unit of CRE capable of operating at both IATs of 38 [deg]F and 55
[deg]F would only meet the definition of a medium-temperature
refrigerator. Id.
As an alternative to the definition proposed in the June 2022 NOPR,
DOE stated that it could instead define ``high-temperature
refrigerator'' based only on the capability of a commercial
refrigerator to operate at an IAT of 55 [deg]F (<plus-minus>2.0
[deg]F). 87 FR 39164, 39171. Under this alternate approach, a unit of
CRE capable of operating at IATs of both 38 [deg]F and 55 [deg]F would
meet the definitions of both a medium-temperature refrigerator and a
high-temperature refrigerator. Id.
In the June 2022 NOPR, DOE requested comment on the proposed
definitions for ``high-temperature refrigerator'' and ``medium-
temperature refrigerator,'' including whether the terms should be
mutually exclusive or constructed such that equipment could be
considered to meet both definitions. 87 FR 39164, 39171.
The Joint Commenters supported DOE's proposed changes regarding the
establishment of a definition and uniform test procedure for high-
temperature refrigerators. (Joint Commenters, No. 31, p. 1) The Joint
Commenters expressed support for DOE's proposed definition and test
procedure for high-temperature CRE, particularly basing the distinction
between medium and high temperature on operating ability rather than
intended use, as this will ensure consistent application of DOE's
definitions and test procedures. (Joint Commenters, No. 31, p. 2)
NEEA commented that it supports the new definitions DOE proposed
for high-temperature CRE, stating that these equipment types have
unique applications compared to other CRE, and these definitions
allowed consideration (potential standards), categorization (equipment
classes), and testing of this equipment separate from other CRE. (NEEA,
No. 39, p. 2). NEEA also stated its support for DOE's proposal to
establish test procedures for new and/or newly defined categories of
CRE, and restated its recommendation from the 2021 CRE Test Procedure
RFI that DOE establish test methods for new CRE product types,
including high-temperature CRE. (NEEA, No. 39, p. 2)
Hussmann commented that it favors the proposed mutually exclusive
definitions of ``high-temperature refrigerator'' and ``medium-
temperature refrigerator.'' (Hussmann, No. 32, p. 2). Hussmann
commented in favor of rating only at medium temperature if the CRE are
capable of operating at both high and medium temperatures. (Hussmann,
No. 32, p. 3) In the August 2022 public meeting, Hussmann commented
that there are specialty applications that run in between the low-
temperature and medium-temperature rating points. (Public Meeting
Transcript, No. 41, p. 18) Hussmann added that a unit may run between 8
[deg]F and 10 [deg]F as the current LAPT for that product. Id. Hussmann
noted that these products won't run at 0 [deg]F, and they don't run at
32 [deg]F, and that is something for DOE to consider. Id.
Hillphoenix agreed with the proposed definitions of ``high-
temperature refrigerator'' including the IAT of 55 [deg]F <plus-minus>2
[deg]F, and ``medium-temperature refrigerator'' including the IAT of 38
[deg]F <plus-minus>2 [deg]F. (Hillphoenix, No. 35, p. 1). Hillphoenix
commented that the proposed separate designation for ``medium-
temperature refrigerator'' is not needed and could introduce confusion,
and it recommended DOE amend the definitions of ``commercial freezer''
and ``commercial refrigerator'' in which high- and medium-temperature
refrigerators are already addressed. Id. Hillphoenix suggested, as an
alternative, that ``commercial freezer'' and ``commercial
refrigerator'' could be replaced by the terms ``medium-temperature
refrigerator'' and ``low-temperature freezer.'' Id. Hillphoenix also
agreed with DOE that a single CRE unit capable of operating in both
high- and medium-temperature categories should only be required to meet
the 38 [deg]F <plus-minus>2 [deg]F IAT. Id.
AHRI commented that DOE should consider using existing product
designations and existing labelling as found in ANSI/NSF 7-2019 for
``high-temperature refrigerators.'' (AHRI, No. 38, p. 3). AHRI stated
that to meet applicable sanitation requirements, self-contained storage
refrigerators must be capable of maintaining an air

[[Page 66161]]

temperature of 40 [deg]F in 100 [deg]F ambient temperature (AHRI stated
a presumption that such products should be able to maintain IAT of 38
[deg]F for the DOE energy test). Id. AHRI commented that two equipment
types represent refrigerators that meet applicable sanitation
requirements for high-temperature applications: (1) beverage coolers
are exempt from temperature test requirements if they bear a
permanently attached label reading, ``This equipment is intended for
the storage and display of non-potentially hazardous bottled or canned
products only''; and (2) self-contained display refrigerators are
exempt from temperature performance testing if they bear a label
reading, ``This display refrigerator is not for the display of
potentially hazardous foods.'' Id. AHRI commented that there is no need
for the proposed separate designation for ``medium-temperature
refrigerator'' since such products would already be covered under the
current definition of ``refrigerator'' if they do not fall under the
proposed sub-classification of ``high-temperature refrigerator.'' Id.
AHRI stated that this approach would be consistent with the proposed
new definition of ``low-temperature freezer'' because a category for
``medium-temperature freezer'' has not been suggested. Id.
Continental commented that the term ``commercial refrigerator''
should be retained to encompass all CRE capable of operating at or
above 32 [deg]F and that the proposed additional definition of
``medium-temperature refrigerator'' for CRE at or below 38 [deg]F down
to 32 [deg]F is unnecessary and may introduce confusion. (Continental,
No. 29, p. 2) Continental also commented that the ANSI/NSF 7-2019
sanitation standard for commercial refrigerators and freezers requires
that self-contained storage refrigerators must be tested and proven to
maintain an air temperature of 40 [deg]F in 100 [deg]F ambient, and
capable of maintaining product simulator IAT of 38 [deg]F in 75 [deg]F
ambient, as prescribed by ASHRAE 72-2022. Id. Continental stated no
objection to DOE's proposed definition of the term ``high-temperature
refrigerator'' as a commercial refrigerator that is not capable of
operating with an IAT as low as 38 [deg]F in 75 [deg]F ambient, but it
added that DOE should reference existing labelling prescribed in ANSI/
NSF 7-2019 to identify ``high-temperature refrigerators'' that meet
required sanitation requirements but are not required to meet
temperature testing requirements. Id. Continental stated its awareness
that equipment identified with the current NSF labels of beverage
cooler and self-contained display refrigerator would be the only
commercial refrigerators meeting applicable sanitation standards
without being required to maintain specified temperatures that align
with product simulator IAT of 38 [deg]F. Id.
True commented that any unit unable to store food products at a
temperature of 38.0 [deg]F (<plus-minus>2.0 [deg]F) is not a commercial
refrigerator and as a result, the term ``high-temperature
refrigerator'' could be construed as misleading. (True, No. 28, p. 4)
True noted that the proposed terms ``high-temperature refrigerator''
and ``medium-temperature refrigerator'' are seen in the new AHRI-1200
standard, which is not yet public. Id. True commented that commercial
refrigerators must comply with NSF-7, and for a storage refrigerator,
test per NSF-7 such that they cannot exceed 40 [deg]F at any point.
(True, Public Meeting Transcript, No. 41, p. 15). True commented that
the NSF-7 temperature ranges should be considered for the applicable
equipment, noting that high-temperature refrigerators are not covered
under any health and safety standards. Id. True further commented that
for chocolate, wine, and flower storage applications, refrigerated
units unable to meet the 38.0 [deg]F (<plus-minus>2.0 [deg]F)
requirement should be labeled as ``commercial display refrigerators for
non-hazardous (food) applications,'' and added that True units are all
capable of operating from 32.0 [deg]F to 55 [deg]F, with control
settings changed for higher-temperature applications. (True, No. 28, p.
4).
In response to Hussmann's comment, AHRI 1200-2023 maintains the
existing rating points for Medium Temperature Applications and Low
Temperature Applications (i.e., 38 [deg]F <plus-minus>2.0 [deg]F for
medium-temperature applications and 0.0 [deg]F <plus-minus>2.0 [deg]F
for low-temperature applications) in section 4.1.1, ``Integrated
Average Temperature.'' Consistent with AHRI 1200-2023, DOE is not
amending the medium-temperature refrigerator or low-temperature freezer
target IATs for testing. To the extent that a model may not be able to
maintain the target IATs for testing, the LAPT provisions would
continue to apply, as discussed in section III.K of this document.
In response to Hillphoenix's, AHRI's, Continental's, and True's
comments, the definitions for ``medium-temperature refrigerator'' and
``low-temperature freezer,'' as proposed in the June 2022 NOPR,
indicate they are subsets of the definitions for ``commercial
refrigerator'' and ``commercial freezer,'' respectively. DOE is
establishing the separate definitions to ensure clarity of when certain
provisions apply specifically to either medium-temperature
refrigerators or low-temperature freezers rather than the broader
categories of commercial refrigerators or commercial freezers.
Consistent with the comments discussed in section III.A.1.b
regarding ``operating temperature'' and temperature tolerances, DOE is
amending the definitions of ``high-temperature refrigerator'' and
``medium-temperature refrigerator'' to specifically include the
definition for ``operating temperature'' and to replace the temperature
tolerances with the upper bound of the medium-temperature refrigerator
IAT test condition tolerance which is consistent with DOE's intentions
of these definitions in the June 2022 NOPR.
Therefore, as described, DOE is amending the definitions of ``high-
temperature refrigerator'' and ``medium-temperature refrigerator'' as
follows:
High-temperature refrigerator means a commercial refrigerator that
is not capable of an operating temperature at or below 40.0 [deg]F.
Medium-temperature refrigerator means a commercial refrigerator
that is capable of an operating temperature at or below 40.0 [deg]F.
DOE discusses test requirements for this equipment in section
III.B.1.b of this document.
3. Convertible Equipment
In the April 2014 Final Rule, DOE noted that some basic models of
CRE may have operating characteristics that include an operating
temperature range that spans multiple equipment classes, and
subsequently required that self-contained equipment or remote
condensing equipment with thermostats capable of operating at IATs that
span multiple equipment categories be certified and comply with DOE's
regulations for each applicable equipment category. 79 FR 22277, 22291.
Similarly, DOE adopted requirements for remote condensing equipment
without thermostats that specify that if a given basic model of CRE is
marketed, designed, or intended to operate at IATs spanning multiple
equipment categories, the CRE basic model must be certified and comply
with the relevant energy conservation standards for all applicable
equipment categories. Id.
In the June 2022 NOPR, DOE proposed to specify in 10 CFR 429.42 the
requirements from the April 2014 Final Rule that require basic models
of CRE that operate in multiple equipment classes to certify and comply
with the

[[Page 66162]]

energy conservation standards for each applicable equipment class. 87
FR 39164, 39171. This proposal is consistent with the notice of
petition for a test procedure waiver that DOE published on May 26,
2017, for AHT Cooling Systems GmbH and AHT Cooling Systems USA Inc.
(``AHT'') in which DOE declined to grant AHT an interim waiver that
would allow for testing only in the ice-cream freezer equipment class
for AHT's specified multi-mode CRE basic models. 82 FR 24330.
In the June 2022 NOPR, DOE requested comment on the proposal to
specify the requirements from the April 2014 Final Rule regarding basic
models of CRE that operate in multiple equipment classes. 87 FR 39164,
39171.
AHRI recommended that because the phrase ``capable of operating
at'' was included for marketing purposes and not technical capability,
DOE should consider removing that phrase as unnecessary in the
following 2014 Final Rule language: ``CRE with thermostats capable of
operating at integrated average temperatures (``IATs'') that span
multiple equipment categories must be certified and comply with DOE's
regulations for each applicable equipment category.'' (AHRI, No. 38, p.
4) AHRI used the same reasoning to further recommend that DOE remove
the word ``or'' from the following language: ``. . . remote condensing
equipment without a thermostat that is marketed, designed, or intended
to operate at IATs spanning multiple equipment categories must be
certified and comply with the relevant energy conservation standards
for all applicable equipment categories.'' \8\ Id.
---------------------------------------------------------------------------

\8\ 79 FR 22277, 22291.
---------------------------------------------------------------------------

Hussmann recommended removing the phrase ``capable of operating
at'' from the following 2014 Final Rule sentence: ``CRE with
thermostats capable of operating at integrated average temperatures
(``IATs'') that span multiple equipment categories must be certified
and comply with DOE's regulations for each applicable equipment
category.'' (Hussmann, No. 32, p. 2).
AHT commented that it is overly burdensome to test and certify very
efficient closed equipment in all three temperature classes when it is
capable of operating in all three classes, and that only the most
energy-consuming temperature class should be used for testing and
certifying, as in Europe. (AHT, No. 40, p. 1)
True commented that when designing a unit for multiple temperature
ratings, the systems will not be as energy efficient at the higher
operating temperature rating, compared to a system designed
specifically for the higher temperature rating. (True, No. 28, p. 2)
True stated that, in one example, a unit passes ENERGY STAR[supreg] 5.0
requirements as a storage freezer (0 [deg]F <plus-minus>2 [deg]F) but,
when tested as a storage refrigerator (38 [deg]F <plus-minus>2 [deg]F),
will consume about twice the energy of a unit specifically designed to
operate only as a storage refrigerator, due mostly to the excess
capacity of the compressor and refrigeration system required to operate
the unit at the lower temperature application. Id.
Hillphoenix disagreed with the proposal to specify the requirements
stated in the 2014 Final Rule and recommended that basic models of CRE
that operate in multiple equipment classes should only be required to
meet the coldest application for a CRE product, which would be less
burdensome on manufacturers. (Hillphoenix, No. 35, p. 2)
In response to AHRI's and Hussmann's comments, DOE notes the phrase
``capable of operating at'' does refer to technical capability and is
consistent with phrasing in current DOE definitions (e.g., commercial
refrigerator and commercial freezer). Therefore, DOE is maintaining
this phrase in this document.
In response to AHRI's comment, DOE notes that the word ``or'' is
necessary for the construction of the sentence that contains the
requirements for remote condensing equipment without a thermostat and
is therefore maintaining the word ``or'' in this document.
In response to AHT's, True's, and Hillphoenix's comments, DOE notes
that the definitions discussed in sections III.A.1 and III.A.2 would
only require CRE including an operating temperature range that spans
multiple equipment classes to certify in a maximum of two equipment
classes (i.e., ice-cream freezer and medium-temperature refrigerator,
ice-cream freezer and high-temperature refrigerator, low-temperature
freezer and medium-temperature refrigerator, or low-temperature freezer
and high-temperature refrigerator). Testing to the coldest applicable
temperature would be expected to result in the highest energy
consumption, but does not necessarily ensure that a model would meet
the energy conservation standards for multiple applicable equipment
classes at different operating temperatures.
As proposed in the June 2022 NOPR, DOE is specifying in 10 CFR
429.42 the requirements from the April 2014 Final Rule that basic
models of CRE that operate in multiple equipment classes must be
certified and comply with the energy conservation standards for each
applicable equipment class.

B. Updates to Industry Standards

DOE's test procedure for CRE currently adopts through reference
certain provisions of AHRI 1200-2010, ASHRAE 72-2005, and AHAM HRF-1-
2008. 10 CFR 431.63. With regard to the provisions relevant to the DOE
test procedure, AHRI 1200-2010 references certain provisions of ASHRAE
72-2005 and AHAM HRF-1-2008.
Since establishing the DOE test procedure in appendix B, AHRI,
ASHRAE, and AHAM have published updated versions of the referenced test
standards. On October 1, 2013, ANSI approved an updated version of AHRI
1200, ANSI/AHRI Standard 1200 (I-P), ``2013 Standard for Performance
Rating of Commercial Refrigerated Display Merchandisers and Storage
Cabinets'' (``AHRI 1200-2013''). On April 12, 2023, AHRI issued an
updated version of AHRI 1200 (``AHRI 1200-2023''). On August 1, 2018,
ANSI approved an updated version of ASHRAE 72, ANSI/ASHRAE Standard 72-
2018, ``Method of Testing Open and Closed Commercial Refrigerators and
Freezers'' (``ASHRAE 72-2018''). On June 30, 2022, ANSI approved an
updated version of ASHRAE 72, ANSI/ASHRAE Standard 72-2022, ``Method of
Testing Open and Closed Commercial Refrigerators and Freezers''
(``ASHRAE 72-2022''). On November 11, 2022, Errata Sheet for ANSI/
ASHRAE Standard 72-2022, ``Method of Testing Open and Closed Commercial
Refrigerators and Freezers'' was published (``ASHRAE 72-2022 with
Errata''). AHAM more recently approved and published an updated version
of its industry test standard, AHAM HRF-1-2019, ``Energy and Internal
Volume of Refrigerating Appliances'' (``AHAM HRF-1-2019''). DOE
initially determined in the June 2022 NOPR that the changes within AHRI
1200-2013, ASHRAE 72-2018, and AHAM HRF-1-2019 are editorial, improve
clarity, better harmonize with the DOE test procedure, or not relevant
to CRE (e.g., relevant to products such as consumer refrigerators). 87
FR 39164, 39171. Based on DOE's assessment, the changes in the latest
versions of the industry test standards, AHRI 1200-2023 and ASHRAE 72-
2022 with Errata, will not impact the measured energy consumption,
volume, or TDA of CRE, as applicable.
DOE discusses AHRI 1200-2023 and ASHRAE 72-2022 with Errata in
sections III.B.1 and III.B.2 of this document.

[[Page 66163]]

In response to the June 2022 NOPR, AHRI, Zero Zone, and NAFEM
recommended that DOE use the referenced standards as intended. (AHRI,
No. 38, p. 1; Zero Zone, No. 37, p. 1; NAFEM, No. 34, p. 1) AHRI
cautioned DOE that combining test standards was unnecessary and
inadvisable, and recommended that DOE regulate the issues in the test
procedure under a singular standard. Id. AHRI stated concern that the
data set used here did not provide clarity as to whether the testing is
indicative of energy efficiency. Id. AHRI recommended that DOE wait to
update certain regulations until clearer test standards had been
determined through consensus by manufacturers and third parties. Id.
AHRI also noted that ENERGY STAR was not ready to employ certain
referenced standards, raising concerns that DOE was prematurely
adopting these requirements. Id.
Zero Zone recommended that DOE wait for the updated standard
whenever possible and that under current rules, DOE has been able to
call out a standard that was nearly revised (ASHRAE 72 and AHRI 1200).
(Zero Zone, No. 37, p. 1). Zero Zone commented that possibly DOE could
follow this process for other standards as well, and that when this was
not possible, Zero Zone asked DOE to request that standards development
groups immediately focus on areas of DOE concern to allow for industry
input and consensus building and allow DOE to have improve information
in the standard. Id.
NAMA recommended that DOE use the referenced standards as intended
and cautioned DOE that combining test standards was unnecessary and
inadvisable and recommended that DOE regulate the issues in the test
procedure under a singular standard. (NAFEM, No. 34, p. 2) NAMA stated
concern that the test procedures mentioned in many of these items did
not clarify which standard was to be used for which measurement. Id.
NAMA commented that referencing multiple standards could be a problem
when one standard was updated before the other, and, in general, NAMA
recommended that referencing one standard would be preferred unless DOE
specified which sections in the standards were being required. Id. NAMA
commented that many sections in the ASTM, ASHRAE, and AHRI standards
were written to measure the performance of the product, not just the
energy measurement and DOE therefore needed to identify the standards
sections carefully so as to not move DOE into writing performance test
methods. Id. NAMA commented it would be willing to support such
activities in joint discussions on the sections to ensure that the
measurement of energy for NAMA-covered products was accurate. Id.
Hussmann commented that combining test standards was not a typical
practice and recommended that DOE regulate the issues in the CRE TP
NOPR under a single, universally accepted established standard.
(Hussmann, No. 32, p. 1). Hussmann expressed concern that the data
acquired during a hybrid standard approach would not yield
representative results of intended product use by already established
means throughout the industry. Id. Hussmann recommended that DOE work
with the appropriate standards committees to update regulations until
the standards have been established, determined to yield consistent
results, and are representative of typical manufactured products. Id.
True commented that it uses NSF/ANSI 7-2021 as the performance
standard for commercial food service equipment, in addition to UL 471
(``Standard for Commercial Refrigerators and Freezers,'' soon to be
replaced by UL CSA 60335-2-89, by October 2024), and ASHRAE 72-2005 for
energy consumption reporting to DOE, Natural Resources Canada
(``NRCAN''), CEC, and ENERGY STAR. (True, No. 28, p. 1) True listed
four current NSF 7 performance tests that must be complied with to
certify that its equipment meets the NSF 7 food safety requirements for
temperature testing (performance), construction, and materials used.
Id. True commented that AHRI-1200 is not considered to be the standard
used for all commercial refrigeration, and that AHRI standards and
guidelines do not address food safety temperatures or food sanitation
concerns and requirements, making AHRI standards and guidelines
inappropriate for commercial food service refrigeration equipment. Id.
DOE has evaluated existing industry standards, and where
applicable, is incorporating by reference the industry standard into
the relevant appendix. DOE considers incorporating by reference an
industry standard as a standalone reference whenever possible. DOE has
identified certain areas in which provisions of industry standards
require additional specifications or are inconsistent with the existing
regulatory test method. To clarify the applicability of provisions from
standards that are incorporated by reference, DOE occasionally may need
to supplement an industry standard with additional clarifications. For
CRE, instead of duplicating requirements necessary to improve clarify
of the test procedure into the regulatory text, DOE is referring to
provisions in other industry standards that provide the necessary
clarifications. This leads to DOE referencing specific provisions from
multiple different industry standards. DOE specifically refers to
individual sections of industry standards as appropriate to ensure only
relevant provisions are incorporated in the regulatory test method such
that the test method is not unduly burdensome to conduct and is
reasonably designed to produce test results that reflect energy use
during a representative average use cycle.
DOE recognizes the value of industry standards setting processes
and regularly participates in committees that develop and review
industry standards. DOE has statutory timelines for test procedure
rulemakings that require DOE to determine whether amendments to test
procedures are necessary to carry out the requirements of EPCA at least
once every 7 years. (42 U.S.C. 6314(a)(1)) DOE has evaluated industry
standards applicable to CRE that are both available now and under
development as it conducts the rulemaking activity to consider whether
the CRE test method requires amendment. DOE will continue to
participate in industry committees and will consider future industry
standards in future test procedure rulemakings.
DOE and EPA coordinate their product and equipment efficiency
programs to harmonize test requirements when possible and appropriate.
While EPA did not adopt test methods for additional categories of CRE
during its last revision of the ENERGY STAR specification, DOE has
evaluated test procedures for these categories and determined that the
procedures adopted in this rule produce test results which reflect
energy use during a representative average use cycle, and are not
unduly burdensome to conduct. To the extent that EPA revises its
specification to include these new categories of CRE into the ENERGY
STAR program, DOE will coordinate with EPA to harmonize requirements
when appropriate.
In response to True's comment, DOE has evaluated existing industry
test procedures for the use as the basis of the DOE test procedure for
energy consumption. DOE recognizes that the industry test procedures
serve different purposes, including for food safety. DOE discusses the
individual industry test procedures considered and incorporated by
reference in the following sub-sections, section III.C, and section
III.D of this document.

[[Page 66164]]

1. AHRI 1200
The revisions included in AHRI 1200-2023 are largely to provide
editorial, clarifying, or harmonizing updates that will not impact the
measured energy consumption, volume, or TDA of CRE as compared to the
current test procedure. Specifically, AHRI 1200-2023 includes the
following updates: definitions intended to harmonize with ASHRAE 72-
2022 and DOE's existing regulations; updated definitions for
consistency with the use of the rating standard; removal of test
requirements that were duplicative with ASHRAE 72-2022; clarified
measurement requirements and the use of calculations; inclusion of
direct refrigerated volume measurement instructions (rather than
referencing the AHAM test standard); and detailed total display area
requirements and examples.
DOE proposed in the June 2022 NOPR to incorporate by reference AHRI
1200-202X for use in the DOE test procedure because DOE tentatively
determined that the updates compared to AHRI 1200-2013 would improve
the clarity of the test standard, ensure consistent testing, and as a
result would improve reproducibility of the test procedure. 87 FR
39164, 39172. AHRI 1200-202X includes procedures for measuring
refrigerated volume rather than referring to the AHAM standard
(although the procedures are consistent between these standards). Id.
Therefore, DOE proposed in the NOPR to remove the incorporation by
reference of AHAM HRF-1-2008 and instead refer to AHRI 1200-202X
directly for refrigerated volume measurement. Id. Based on DOE's review
of AHRI 1200-2023, the updates included in the standard are primarily
editorial and are not expected to change test results as compared to
the existing test procedure, except for the specific updates as
discussed in the following paragraphs. Therefore, DOE has determined in
this document that any existing test data for CRE currently available
on the market is expected to be consistent with the amended test
procedure.
In the June 2022 NOPR, DOE requested comment on the proposal to
incorporate by reference AHRI 1200-202X and whether the use of the
updated test method would impact CRE ratings based on the current DOE
test procedure. 87 FR 39164, 39173.
AHRI commented that it supports DOE's proposal to incorporate by
reference AHRI 1200-202X, noting that select AHRI members consistently
test and rate remote condensing CRE using high-glide refrigerants.
(AHRI, No. 38, p. 4) AHRI commented that refrigerants 407, 448A, and
449A are considered ``high glide'' under the new definition in AHRI
1200-202X and that the updated test method is the most accurate way to
determine the rated energy consumption, resulting in similar rated
numbers to previous non-high-glide refrigerants like R-404A. Id. AHRI
further noted that the current AHRI 1200-202X standard does not include
testing requirements for CO<INF>2</INF> (i.e., R-744), so this
refrigerant would require DOE waivers for future use. Id.
Continental supported DOE's proposal to incorporate by reference
the most recent versions of applicable industry standards, including
AHRI 1200-202X. (Continental, No. 29, p. 3) Continental added that use
of the latest standards should not be required until the compliance
date of any new energy conservation standards established, based on the
proposed rating standards, to allow time for stakeholders to thoroughly
evaluate any impact on energy consumption. Id.
Hillphoenix commented that it agreed with the proposal to
incorporate AHRI 1200-202X by reference, as no significant impacts to
CRE ratings could be foreseen. (Hillphoenix, No. 35, p. 2)
Hussmann commented that it favors the proposal to incorporate by
reference AHRI 1200-202X. (Hussmann, No. 32, p. 2)
True commented that it opposes removing the AHAM HRF-1-2008
standard and referencing AHRI 1200-202X in future DOE test procedures,
as revisions to AHRI 1200 are in draft form and have not been publicly
reviewed. (True, No. 28, p. 5). True recommended that the NSF/ANSI-2021
standard be added to this list because AHRI 1200 only references self-
contained commercial refrigeration sporadically and does not
specifically address the issues of self-contained refrigeration. Id. In
the August 2022 public meeting, True commented that AHRI-1200 does not
apply to all commercial refrigeration but does apply to display
refrigeration. (Public Meeting Transcript, No. 41, p. 16) True added
that it believes DOE is bringing in two different standards used in two
different applications, additionally stating that AHRI-1200 does not
address any food health/safety issues. Id. Hussmann agreed with True's
comment, and added that it thinks DOE needs to make a distinction and
understand that AHRI-1200 is typically a rating point and does not
necessarily align with NSF 7. (Public Meeting Transcript, No. 41, p.
17)
AHRI 1200-2023 had two public review periods prior to publication.
DOE has reviewed the updates to AHRI 1200-2023 and determined that the
updates will not impact the measured volume of CRE as compared to the
existing DOE test procedure (which currently references HRF-1-2008
\9\).
---------------------------------------------------------------------------

\9\ Section 3.1 of Appendix B to Subpart C of 10 CFR part 431.
---------------------------------------------------------------------------

DOE acknowledges that NSF 7 is a performance standard applicable to
multiple CRE categories; however this standard addresses food safety
and sanitation performance. DOE test procedures must produce test
results which reflect energy use during a representative average use
cycle, and not be unduly burdensome to conduct as required by EPCA. DOE
has evaluated NSF 7, other available industry test standards, and
industry standards under development when considering test procedures
for these equipment categories as discussed in this document. DOE also
notes that the current \10\ and amended \11\ test procedures allow for
optional testing at NSF test conditions for commercial refrigeration
equipment that are also tested in accordance with NSF test procedures
(Type I and Type II) (i.e., integrated average temperatures and ambient
conditions used for NSF testing may be used in place of the DOE-
prescribed integrated average temperatures and ambient conditions
provided they result in a more stringent test).
---------------------------------------------------------------------------

\10\ Section 2.3 of Appendix B to Subpart C of 10 CFR part 431.
\11\ Section 2.3 of Appendix B to Subpart C of 10 CFR part 431.
---------------------------------------------------------------------------

In the June 2022 NOPR, DOE proposed alternate refrigerant
conditions to be used for testing remote CRE with CO<INF>2</INF>
refrigerant. 87 FR 39164, 39210. See section III.G of this document for
a discussion of remote CRE with CO<INF>2</INF> refrigerant (i.e., R-
744).
Based on the June 2022 NOPR and comments received in response, DOE
is finalizing its proposal to incorporate by reference AHRI 1200-2023.
In addition to the clarifying revisions that would not
substantively change testing as compared to the current approach using
the DOE test procedure and AHRI 1200-2010, AHRI 1200-2023 also includes
two substantive additions: addressing the use of high glide
refrigerants and providing an additional temperature rating point for
``high-temperature'' applications. DOE proposed in the June 2022 NOPR
to adopt these provisions in its test procedure, as discussed in the
following sections. 87 FR 39164, 39172. Additionally, DOE identified
updates in AHRI 1200-2023 as compared to AHRI 1200-202X discussed in
the following

[[Page 66165]]

sections regarding chef bases, certain definitions, and night curtains.
a. High Glide Refrigerants
For remote condensing CRE, AHRI 1200 provides calculations to
estimate the compressor energy consumption necessary to provide the
cooling to the refrigerator or freezer. These calculations are based on
the dew point of the refrigerant during testing, which is intended to
be representative of the evaporator temperature. See Table 1 and
section 5.2.1 of AHRI 1200-2013 and Table 1 and section 5.1.2 of AHRI
1200-2023.
For certain refrigerants, the saturated vapor temperature (i.e.,
the dew point) can be different from the saturated liquid temperature
at a given pressure, in which case the refrigerant is considered to
have ``glide.'' AHRI 1200-2023 includes a definition for ``high glide
refrigerant'' as a zeotropic refrigerant blend whose temperature glide
is greater than 2 [deg]F. ASHRAE defines ``glide'' as the absolute
value of the difference between the starting and ending temperatures of
a phase-change process by a refrigerant within a component of a
refrigerating system, exclusive of any subcooling or superheating. This
term usually describes condensation or evaporation of a zeotrope.\12\
---------------------------------------------------------------------------

\12\ See ASHRAE's glossary of defined terms at <a href="http://xp20.ashrae.org/terminology/">xp20.ashrae.org/terminology/</a>.
---------------------------------------------------------------------------

For high glide refrigerants, the refrigerant dew point is not
necessarily representative of the overall evaporator temperature. AHRI
1200-2023 specifies that for high glide refrigerants, the temperature
used to calculate compressor energy consumption is based on an adjusted
mid-point evaporator temperature rather than an adjusted dew point
temperature.
Because the evaporator provides cooling to the CRE over the entire
heat exchanger surface, using the evaporator mid-point temperature
would ensure that the temperature used to calculate compressor energy
consumption is more representative of the overall evaporator
temperature. DOE determined in the June 2022 NOPR that the AHRI 1200-
202X approach of using the evaporator mid-point temperature rather than
refrigerant dew point is more representative of actual remote
condensing CRE use for which the equipment uses high glide refrigerants
and would improve consistency of remote testing using different
refrigerants. 87 FR 39164, 29172. Additionally, this approach would
improve consistency when testing a given remote condensing CRE model
with either high glide or low glide refrigerants by ensuring that the
evaporator mid-point temperature for a high glide refrigerant is
similar to the refrigerant dew point for a low glide refrigerant.
DOE proposed in the June 2022 NOPR to adopt through reference the
high glide refrigerant provisions of AHRI 1200-202X. 87 FR 39164,
29173. Because the existing DOE test procedure, by reference to AHRI
1200-2013, only references adjusted dew point for calculating
compressor energy consumption, this proposed amendment would yield
different results for remote condensing CRE models tested with a high
glide refrigerant. However, DOE expects that current remote condensing
CRE models are typically tested and rated using low glide refrigerants
(most commonly R-404A); therefore, DOE tentatively determined in the
NOPR that this proposed test procedure amendment is not expected to
result in changes to rated energy consumption for any currently
available remote CRE models. 87 FR 39164, 29173.
In the June 2022 NOPR, DOE requested comment on the proposal to
incorporate by reference AHRI 1200-202X, including the new provisions
regarding high glide refrigerants. Id. DOE also requests information on
whether any remote condensing CRE are currently tested and rated using
high glide refrigerants and whether the proposed test procedure would
impact the rated energy consumption for such models. Id.
Hussmann commented that it favors the proposal to incorporate by
reference AHRI 1200-202X, including the new provisions regarding high
glide refrigerants. (Hussmann, No. 32, p. 3)
Hillphoenix stated its agreement with the proposal to incorporate
AHRI 1200-202X by reference, including the provisions for high glide
refrigerants such as 407, 448A, and 449A, as no significant impacts to
CRE ratings could be foreseen if incorporated. (Hillphoenix, No. 35, p.
2)
True commented that the proposed use of AHRI 1200-202X referencing
high-glide refrigerants indicated a bias toward remote refrigeration
manufacturers. (True, No. 28, p. 5) True commented that there are small
numbers of self-contained refrigerators using high-glide (synthetic)
refrigerants, and that in fact the self-contained industry is a high
adopter of hydrocarbon refrigerants. Id.
In this rule, DOE is incorporating by reference AHRI 1200-2023.
AHRI 1200 includes a definition for ``high glide refrigerants'' and
specifies that for high glide refrigerants, the temperature used to
calculate compressor energy consumption is based on an adjusted mid-
point evaporator temperature rather than an adjusted dew point
temperature. DOE notes that this provision addresses the fact that AHRI
1200-2013 results in high-glide refrigerants having an energy penalty
relative to no-glide refrigerants. The update to AHRI 1200-2023
provides a more representative test method of remote condensing CRE and
improves consistency when testing a given remote condensing CRE model.
AHRI 1200-2023 includes parallel provisions for remote and self-
contained refrigerators to ensure there is no bias towards remote-
condensing units. Self-contained CRE are tested based on the
refrigerant and refrigeration system contained within the unit and no
refrigerant measurements are necessary. Therefore, the test procedure
directly accounts for the energy impacts of refrigerants used in self-
contained CRE.
b. High-Temperature Applications
In the June 2022 NOPR, DOE proposed a definition for ``high-
temperature refrigerators''. 87 FR 39164, 39173. As discussed in
section III.A.2 of this final rule, DOE is establishing an amended
definition of ``high-temperature refrigerator'' from the June 2022
NOPR.
Section 4.1.1.1 of AHRI 1200-2023 specifies that CRE intended for
high-temperature applications shall have an integrated average
temperature of 55 [deg]F <plus-minus>2.0 [deg]F. DOE requires testing
high-temperature consumer refrigeration products (i.e., ``coolers'') at
a standardized cabinet temperature of 55 [deg]F. 10 CFR part 430,
subpart B, appendix A.
In the June 2022 NOPR, DOE proposed to require testing high-
temperature refrigerators according to AHRI 1200-202X, which requires
an integrated average temperature of 55 [deg]F <plus-minus>2.0 [deg]F.
87 FR 39164, 39173-39174.
High-temperature refrigerators are used in many distinct
applications, each with specific intended storage conditions. However,
DOE determined in the June 2022 NOPR that the IAT specified in AHRI
1200-202X is the most representative of high-temperature refrigerator
operating conditions, because the high-temperature refrigerators that
DOE identified have operating temperature ranges which include 55
[deg]F, and allows for consistent measurements of energy use for
equipment in this category. 87 FR 39164, 39174.
In referencing AHRI 1200-2023, the DOE test procedure would also
require that high-temperature refrigerators be tested according to the
same procedure

[[Page 66166]]

as other CRE, except for the IAT. DOE tentatively determined in the
June 2022 NOPR that the door opening and loading procedures in ASHRAE
72-2018R are appropriate for high-temperature refrigerators. Following
the proposed test approach would also ensure consistent test methods
across CRE categories, albeit at different IATs. 87 FR 39164, 39174.
Because the proposed test procedure for high-temperature
refrigerators would amend the current test approach for certain
commercial refrigerators (i.e., those currently rated using the LAPT),
DOE proposed in the June 2022 NOPR that the high-temperature
refrigerator provisions in AHRI 1200-202X would not be required for use
until the compliance date of any energy conservation standards
established for high-temperature refrigerators based on the proposed
test procedure. Id. Under this approach, CRE that would be defined as
high-temperature refrigerators would continue to be tested and rated at
the LAPT and subject to the current DOE energy conservation standards
for CRE. Id.
In the June 2022 NOPR, DOE requested comment on the proposal to
adopt a rating point of 55 [deg]F <plus-minus>2.0 [deg]F for high-
temperature refrigerators by adopting through reference certain
provisions of AHRI 1200-202X. 87 FR 39164, 39172.
AHRI commented that the 55 [deg]F (<plus-minus>2 [deg]F) rating
point aligns with AHRI standard 1200-202X and supported adopting the
proposed rating point for high-temperature refrigerators. (AHRI, No.
38, p. 4)
Hussmann commented in favor of the proposal to adopt a rating point
of 55 [deg]F <plus-minus>2.0 [deg]F for high-temperature refrigerators.
(Hussmann, No. 32, p. 3)
Hillphoenix commented that it agreed with the proposal to adopt the
rating point temperature of 55 [deg]F <plus-minus>2 [deg]F for the
proposed new category of high-temperature refrigerators through
reference of AHRI 1200-202X. (Hillphoenix, No. 35, p. 2) Hillphoenix
requested confirmation that the LAPT provisions will remain to cover
rare occurrences driven by customer expectations, which could suggest a
design that is outside the requirements of each category. Id.
Continental commented it had no objection to DOE's proposed 55
[deg]F <plus-minus>2 [deg]F rating temperature for ``high-temperature''
refrigerators that cannot maintain 38 [deg]F. (Continental, No. 29, p.
3) Continental added that DOE should consider referencing existing NSF
labeling requirements for equipment that is intended for ``non-
potentially hazardous bottled or canned products only'' and ``not for
the display of potentially hazardous foods,'' as this would identify
equipment that meets required sanitation requirements in the proposed
``high-temperature'' range. Id. In addition, Continental agreed with
DOE that the high-temperature refrigerator provisions in AHRI 1200-202X
should not be required until the compliance date of any energy
conservation standards established for these product types, based on
the proposed test procedure. Id.
For the reasons discussed in the June 2022 NOPR, DOE is adopting
the high-temperature refrigerator test provisions in AHRI 1200-2023.
Because these provisions would impact the measured energy use for
certain CRE currently subject to the test procedure and energy
conservation standard, DOE is specifying that the high-temperature
refrigerator testing would not be required for use until the compliance
date of any energy conservation standards established for high-
temperature refrigerators based on the amended test procedure.
As discussed in section III.K of this document, DOE is retaining
the LAPT definition with modifications.
As discussed in section III.A.2 of this document, DOE is
establishing a definition for high-temperature refrigerator that is
based on the operating temperature of the equipment. Identifying
equipment that meets NSF 7 sanitation requirements is not within the
scope of the DOE CRE test procedure. Therefore, DOE has not included
reference to equipment labeling in the definition or test requirements
for high-temperature refrigerators.
c. Chef Bases
Section 2 of AHRI 1200-202X and AHRI 1200-2023 covers the scope of
the standard. AHRI 1200-202X listed certain exclusions from scope
(i.e., refrigerated vending machines, ice makers, soft serve extruders,
and secondary coolant applications). AHRI 1200-2023 added certain
additional exclusions that were not excluded in previous versions of
the standard, including AHRI 1200-202X (i.e., chef bases, buffet
tables, preparation tables, walk-in coolers, and blast chillers and
freezers). DOE notes that none of these excluded categories are defined
in AHRI 1200-2023.
DOE has not observed any changes from AHRI 1200-202X to AHRI 1200-
2023 that would affect the ability to test chef bases and griddle
stands in accordance with the standard. Current representations of chef
bases and griddle stands are required to be based on the current DOE
test procedure at Appendix B, which references AHRI Standard 1200-2010
and ASHRAE 72-2005, neither of which excludes chef bases or griddle
stands. ASHRAE 72-2022 with Errata similarly does not exclude chef
bases or griddle stands (section 2 ``Scope'' states that this standard
does not apply to walk-in coolers, or refrigerators and freezers where
the refrigerated air is in communication with walk-in coolers).
In the April 2014 Final Rule, DOE determined that, for chef bases
and griddle stands, the refrigeration system and design of this
equipment is not significantly different from other types of commercial
refrigeration equipment, and DOE believes that the existing DOE test
procedure is sufficiently representative of field use, and application
of the existing energy conservation standard appropriate for this
equipment. 79 FR 22277, 22282. Therefore, DOE is maintaining the
reference to AHRI 1200 for chef bases and griddle stands and updating
the reference to AHRI 1200-2023 consistent with other CRE that are in
scope of appendix B. See section III.C.4 for further discussion of chef
bases and griddle stands.
d. Definitions
AHRI 1200-2023 updated several of its definitions as compared to
AHRI 1200-202X (e.g., High Temperature Applications was updated from
``Commercial Refrigerated Display Merchandisers and Storage Cabinets
intended for High Temperature Applications, shall have an Integrated
Average Temperature of 55 [deg]F <plus-minus>2.0 [deg]F'' to ``An
application where the Integrated Average Temperature is at, or above,
45 [deg]F''). As proposed in the June 2022 NOPR, 10 CFR 431.62 would
include some similar terms as the definitions in AHRI 1200-202X. Based
on the updated definitions in AHRI 1200-2023 as compared to AHRI 1200-
202X and to avoid potential confusion regarding multiple definitions of
similar terms, DOE is clarifying in 10 CFR 431.62 that where
definitions in AHRI 1200-2023 conflict with those in DOE's regulations,
the DOE definitions take precedence.
e. Night Curtains
AHRI 1200-202X contained a definition of ``night curtain'' (a
device which is temporarily deployed to decrease air exchange and heat
transfer between the refrigerated case and the surrounding environment)
and certain test requirements for ``night curtains''.\13\
---------------------------------------------------------------------------

\13\ For display cases sold with Night Curtains installed, the
Night Curtain shall be employed for 6 hours; beginning 3 hours after
the start of the test period. Upon the completion of the 6-hour
period, the Night Curtain shall be raised until the completion of
the 24-hour test period.

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

[[Page 66167]]

Night curtains are currently required in section 1.3.10 of appendix
B of the DOE test procedure.\14\ Therefore, DOE is maintaining the
requirements for night curtains that were contained in AHRI 1200-202X
as proposed in the June 2022 NOPR.
---------------------------------------------------------------------------

\14\ For display cases sold with night curtains installed, the
night curtain shall be employed for 6 hours; beginning 3 hours after
the start of the first defrost period. Upon the completion of the 6-
hour period, the night curtain shall be raised until the completion
of the 24-hour test period.
---------------------------------------------------------------------------

2. ASHRAE 72
As stated in the June 2022 NOPR, the 2014 and 2018 revisions to
ASHRAE 72 provide editorial, clarifying, or harmonizing revisions that
would not impact the measured energy consumption, volume, or TDA of CRE
as compared to the existing DOE test procedure. 86 FR 31182, 31184.
The revisions in ASHRAE 72-2022 with Errata, as compared to the
most recent 2018 version, include substantial reorganization largely to
improve clarity of the test standard. Specifically, the foreword to
ASHRAE 72-2022 with Errata states that the revision reorganizes the
standard to make it easier to read and use; includes updates in the
loading of test simulators and filler material; revises the sequence of
operations during the test; provides instructions for certain
measurements; and adds provisions for roll-in racks. The following
paragraphs describe these revisions in more detail.
The reorganization of the test standard in ASHRAE 72-2022 with
Errata is not expected to substantively change any test requirements as
compared to the current test procedure. DOE acknowledges that the
intent of the reorganization is to more closely align the test standard
with the order of operations a test facility would follow when
conducting testing.
The updates to the loading of test simulators (small packages with
temperature-measuring devices) and filler material (material loaded
between test simulators for additional product mass, intended to
approximate food product loading) in ASHRAE 72-2022 with Errata revise
certain requirements included in ASHRAE 72-2005. These updates change
certain instructions regarding loading, but DOE tentatively determined
in the June 2022 NOPR that these updates are either clarifying in
nature or more closely align ASHRAE 72 with the capability of test
facilities to conduct testing. 87 FR 39164, 39174. Specifically, ASHRAE
72-2022 with Errata would improve the clarity of the simulator loading
location instructions, more clearly define net usable volume (i.e.,
interior volume intended for refrigerated storage or display within the
outermost manufacturer-specified load limit boundaries) to determine
the loaded volume, and adjust the fill volume from 70 to 90 percent of
the net usable volume to 60 to 80 percent. See section 5.4.8 of ASHRAE
72-2022 with Errata.
DOE tentatively acknowledged in the NOPR that, in principle, the
update to the fill volume requirement would be a substantive change to
the current DOE test procedure. 87 FR 39164, 39174. However, DOE has
determined that ASHRAE implemented this revision because test
facilities currently may have difficulty loading to more than 80
percent of the net usable volume. Based on this difficulty, DOE expects
that most tests are currently conducted with loads between 70 to 80
percent of the net usable volume. Additionally, the revision to allow
loading as low as 60 percent of net usable volume would allow
additional flexibility for test facilities when loading equipment for
testing, and any impact on measured energy use is expected to be
minimal. DOE also expects that if testing with a lower load percentage
has any impact on measured energy use, it is likely to increase
measured energy use, as CRE with doors would have more internal
compartment volume occupied by air rather than the test load, allowing
for more internal air to exchange with warm ambient air during the test
procedure's door opening period. Therefore, DOE tentatively determined
in the NOPR that this proposed amendment to the test procedure would
not allow any CRE that does not currently comply with DOE's energy
conservation standards to become compliant. 87 FR 39164, 39174.
Section 7.1 of ASHRAE 72-2022 with Errata specifies the sequence of
operations for conducting a test. The overall sequence requires
conducting two tests, Test A and Test B, to verify stability of the
unit under test. Both Test A and Test B would be conducted in the same
way--starting with a defrost and with door or drawer openings, night
curtains, and lighting occupancy sensors and controls, as applicable--
as specified in section 7.3 of ASHRAE 72-2022 with Errata. The test is
determined to be stable if the average temperature of simulators during
Test B is within 0.4 [deg]F of the average measured temperature during
Test A. See section 7.5 of ASHRAE 72-2022 with Errata. As compared to
the current DOE test procedure and ASHRAE 72-2005, ASHRAE 72-2022 with
Errata specifies how to determine that a test is stable. ASHRAE 72-2005
currently requires steady-state conditions for the test (section 7.1.1)
and a stabilization period during which the CRE operates with no
adjustment to controls for at least 12 hours (section 7.4). Section 3
of ASHRAE 72-2005 defines ``steady-state'' as the condition in which
the average temperature of all test simulators changes less than 0.4
[deg]F from one 24-hour period or refrigeration cycle to the next.
ASHRAE 72-2005 does not specify whether the 24-hour periods used to
determine steady-state conditions include door openings, which are
required to be performed during the 24-hour performance test.
Additionally, the temperatures maintained over a 24-hour period with
door openings may differ from a 24-hour period with no door openings.
If steady-state is determined without door openings, then door openings
during a test may increase simulator temperatures outside of the
desired range, requiring a change to the temperature setting and
restarting the steady-state determination prior to another test period.
The testing approach in ASHRAE 72-2022 with Errata specifies that
Test A and Test B are conducted in the same way, and therefore the
temperatures used to determine stability would also be at the target
temperatures for the test. DOE determined in the June 2022 NOPR that
this approach provides clarity to the existing test procedure while
limiting burden by reducing the need for retests (i.e., by maintaining
target temperatures during the stability determination). 87 FR 39164,
39175. Because the sequence of operations in ASHRAE 72-2022 with Errata
is generally consistent with ASHRAE 72-2005 but with added specificity,
DOE does not expect that the updated sequence of operations would
impact current CRE ratings based on the current DOE test procedure.
Moreover, ASHRAE 72-2022 with Errata explicitly specifies test
conditions and data collection requirements in a new appendix A:
``Measurement Locations, Tolerances, Accuracies, and Other
Characteristics.'' This appendix includes a table that presents the
measurements required during testing, the measurement location (if
applicable), the period of time the measurement is taken (e.g., once
per minute throughout Test A and Test B, once before Test B, and once
after Test B), the required measurement accuracy, and the required
value (i.e., the test condition, if applicable). The measurement
instructions and

[[Page 66168]]

requirements in appendix A to ASHRAE 72-2022 with Errata are generally
consistent with those required by the current DOE test procedure, by
reference to ASHRAE 72-2005, but with added specificity to clarify the
applicable requirements. Because the measurement instructions in ASHRAE
72-2022 with Errata are generally consistent with ASHRAE 72-2005 but
with added specificity, DOE does not expect that the updated
requirements in appendix A would impact current CRE ratings based on
the current DOE test procedure.
ASHRAE 72-2022 with Errata also adds provisions for testing CRE
used with roll-in racks. Sections 5.4.1 and 5.4.5 of ASHRAE 72-2022
with Errata provide loading instructions for CRE used with roll-in
racks. These sections are generally consistent with the existing test
requirements for CRE, but provide additional clarification specific to
roll-in racks to describe the determination of net usable volume and
loading of test simulators. ASHRAE 72-2005 includes roll-in racks
within the scope of the test standard (section 9.1) but does not
provide additional test instructions for these models. Because the
instructions for testing CRE used with roll-in racks in ASHRAE 72-2022
with Errata are generally consistent with ASHRAE 72-2005 but with added
specificity, DOE does not expect that the updated requirements in
appendix A would impact current CRE ratings based on the current DOE
test procedure.
As discussed, the test procedure in ASHRAE 72-2022 with Errata is
generally consistent with the existing DOE test procedure, which
references ASHRAE 72-2005. The updates included in ASHRAE 72-2022 with
Errata are generally editorial, clarifying, or harmonizing revisions.
Additionally, the substantive revisions in ASHRAE 72-2022 with Errata
provide further specificity to the existing test procedure requirements
and would improve repeatability, reproducibility, and
representativeness of the test procedure while limiting test burden.
For these reasons, in the June 2022 NOPR, DOE proposed to incorporate
by reference ASHRAE 72-2018R into the DOE test procedure and
tentatively determined that any test data for CRE currently available
on the market are expected to be consistent with the proposed test
procedure. 87 FR 39164, 39174.
In the June 2022 NOPR, DOE requested comment on its proposal to
incorporate by reference ASHRAE 72-2018R, including whether the updates
included in the industry test standard would impact the measured energy
consumption of any CRE currently available. Id.
AHRI commented that it supports DOE's proposal to incorporate by
reference ASHRAE 72-2022 because the updates included in the industry
test standard should not significantly impact the measured energy
consumption of any CRE currently available. (AHRI, No. 38, p. 4)
AHT supported incorporating by reference ASHRAE 72-2018R. (AHT, No.
38, p. 1).
Hillphoenix agreed with the proposal to incorporate by reference
the newer version of ASHRAE 72, but recommended version 202X, which is
currently in public review. (Hillphoenix, No. 35, p. 2) Hillphoenix
commented that this approach would align with the incorporation of
other standards referenced that are not yet released and would maintain
consistency within the industry. Id.
Continental supported DOE's proposal to incorporate the most recent
edition of the ASHRAE 72 test procedure, pointing out that ASHRAE 72-
2022, the most recent standard, prescribes separate 24-hour A and B
test periods to provide more consistent verification of stability than
the previous version of the procedure. (Continental, No. 29, p. 3)
Continental commented that it is still evaluating impacts of this
change on the energy consumption of equipment, particularly for
freezers, and stated that provisions of ASHRAE 72-2022 should not be
required until the compliance date of any new energy conservation
standards are established, based on the proposed test procedure, to
allow time for vetting any impact on energy consumption. Id.
Continental also commented that the use of separate 24-hour test
periods, including additional door opening requirements, is desirable
for the reasons noted above, but the revised method will increase the
test burden for some equipment types and substantially increase costs
for laboratory and staff time, reducing the capacity to perform other
testing to meet regulations. Id. Continental commented that these
factors and their related costs will impact a small business like
itself. Id.
Hoshizaki commented that it would like to state for the record that
there is an ASHRAE 72-2018 standard and an ASHRAE 72-2022 standard, and
that it agrees to proposing the incorporation of ASHRAE 72-2018.
(Hoshizaki, No. 30, p. 1) Hoshizaki noted that the ASHRAE 72-2022
standard was just finalized in July of 2022 and, as of the filing date
of this rulemaking, was not approved and published for all parties to
see. Id. Hoshizaki noted that while most changes to the standard were
editorial, the change from stabilization to new test cycle may leave
many manufacturers without the opportunity to review and comment. Id.
Hoshizaki commented that enough time would be needed for manufacturers
to fully digest these new changes to determine for themselves whether
these changes affect their designs. Id.
Based on the June 2022 NOPR and comments received in response, DOE
is incorporating by reference ASHRAE 72-2022 with Errata. Based on
comments received in response to the June 2022 NOPR and DOE's review of
ASHRAE 72-2022 with Errata, DOE does not expect any impact on ratings
as a result of the updates to the standard. DOE notes that ASHRAE 72-
2022 with Errata is available for purchase, as discussed in this
SUPPLEMENTARY INFORMATION section.
In response to Continental's comment regarding test burden for some
types of CRE, ASHRAE 72-2005, currently incorporated by reference,
requires stabilization periods generally consistent with ASHRAE 72-2022
with Errata. The updates clarify procedures in the stabilization period
and limit the need for iterative testing. DOE expects no significant
change in test burden associated with testing to ASHRAE 72-2022 with
Errata as compared to ASHRAE 72-2005.
a. Drawers
Section 1.3.16 of appendix B of the DOE test procedure specifies
that drawers are to be treated as identical to doors when conducting
the DOE test procedure, and that drawers should be configured with the
drawer pans that allow for the maximum packing of test simulators and
filler packages without the filler packages and test simulators
exceeding 90 percent of the refrigerated volume. Packing of test
simulators and filler packages must be in accordance with the
requirements for commercial refrigerators without shelves, as specified
in section 6.2.3 of ASHRAE 72-2005.
CRE with drawers are typically configured to hold standardized food
pans for food storage. Pans loaded into the drawers are not typically
filled with food above their top edges to prevent spilling or
interfering with other drawers. Additionally, these CRE may require the
space above the pans to be unloaded to allow for air circulation within
the cabinet.
The current DOE test procedure instructions do not specify any test
simulator or filler package load limits for pans, other than not
exceeding 90 percent of the refrigerated volume. For

[[Page 66169]]

other CRE tests, ASHRAE 72-2005 and ASHRAE 72-2022 with Errata specify
test simulator and filler package loading based on net usable volume
rather than refrigerated volume. See section 6.2.5 of ASHRAE 72-2005
and section 5.4.1 of ASHRAE 72-2022 with Errata. Loading based on the
net usable volume accounts for load limits within the CRE and would
prevent overloading CRE to the extent of impacting airflow circulation
within the cabinet.
To ensure consistent testing for CRE with drawers, and to allow for
testing that is most representative of typical use, DOE proposed in the
June 2022 NOPR to specify in appendix B that CRE with drawers be tested
according to the existing requirements with the additional instruction
that, for the purposes of loading pans in drawers, the net usable
volume is the storage volume of the pans up to their top edge. 87 FR
39164, 39175.
The drawer loading instructions in appendix B reference section
6.2.3 of ASHRAE 72-2005, which specifies instructions for loading
compartments without shelves. Specifically, section 6.2.3 requires
situating test simulators at the left and right ends (i.e., sides), the
front and back, and the top and bottom locations of the compartment. To
make explicit the application of this instruction to standardized food
pans, DOE proposed in the June 2022 NOPR to require that test
simulators be placed at the corner locations of each pan. 87 FR 39164,
39175. For any pans not wide or deep enough to allow for test
simulators at each corner (i.e., less than 7.5 inches (``in.'') wide or
deep, based on the 3.75-in. test simulator width), DOE proposed that
test simulators be centered along the width or depth accordingly. 87 FR
39164, 39175-39176. Similarly, for any pans not tall enough to allow
for test simulators at the specified top and bottom locations (i.e.,
pans less than 4 in. tall, based on the 2-in. test simulator height),
DOE proposed that a test simulator only be loaded at the specified top
location within the standardized food pan. 87 FR 39174, 39176.
In the June 2022 NOPR, DOE requested comment on the proposed
additional instructions regarding loading drawers. Id. DOE additionally
requested information on whether the proposed approach is consistent
with any future industry standard revisions to address this issue. Id.
DOE also requested comment on whether other instructions for CRE with
drawers should be revised (e.g., fully open definition for drawers) or
if additional instructions are needed. Id.
AHRI commented that the additional loading drawer instructions
proposed by DOE are incomplete and provide a suboptimal approach.
(AHRI, No. 38, p. 4) AHRI pointed out that ASHRAE Standard 72-2022 may
be available as early as May 2024 as an update to ASHRAE Standard 72-
2018, with revisions including the addition of a specific test
procedure for drawers as well as more complete instructions. Id. AHRI
recommended that DOE pause the process of providing additional
instructions regarding loading drawers and await ASHRAE 72-2022. Id.
Continental commented that DOE should delay adoption of additional
instructions for testing drawers since the ASHRAE 72 standards
committee is in the process of updating the current Standard 72-2022,
and is working to resolve a number of significant challenges with
loading and testing drawers to ensure a reliable and repeatable process
that is not overly burdensome. (Continental, No. 29, p. 4) Continental
stated that DOE should continue to work with ASHRAE to complete
incorporation of an industry-accepted standard procedure. Id.
Hoshizaki commented that, currently, the ASHRAE 72 Standards
Committee is working on specifying test setup and procedure for drawer
units and that any changes should be made in this committee.
(Hoshizaki, No. 30, p. 2) Hoshizaki noted that making suggestions in
the DOE NOPR phase is not the proper process by which to change
standards, and that using a published standard for some parts and
requesting revisions in CFR could only confuse both manufacturers and
third-party testing agencies. Id.
Hillphoenix stated its disagreement with the proposal to include
additional instructions regarding drawers and recommended referencing
the new version of ASHRAE 72-202X, which will maintain alignment in the
industry without creating new or duplicate requirements that would
otherwise be added to the final rule. (Hillphoenix, No. 35, p. 3)
DOE recognizes that a future update to the ASHRAE 72 standard may
include additional instructions for CRE with drawers, but a revision to
ASHRAE 72 including such instruction is not yet available.
Consistent with AHRI's comment that the additional loading drawer
instructions proposed by DOE are incomplete and provide a suboptimal
approach, DOE reviewed the approach specified in the June 2022 NOPR. As
stated in the June 2022 NOPR, DOE proposed additional instructions to
ensure testing that is most representative of typical use. 87 FR 39164,
39175. DOE re-ordered the instructions in this final rule to better
clarify the proposed approach and better specify some requirements.
Specifically, DOE has added a definition for fully open (for drawers)
which means opened not less than 80 percent of their full travel which
is consistent with the fully open (for sliding doors) definition in
ASHRAE 72 with Errata which means opened at least 80 percent of its
full normal travel. Currently, ASHRAE 72 with Errata includes a
definition for fully open (for drawers) that requires drawers to be
opened not less than 66 percent of their full travel. This definition
allows a wider range of openings than for sliding doors despite the
fact that, similar to sliding doors, drawers require users to almost
fully open the drawer to expose the full contents to the user. DOE has
determined that a definition of fully open (for drawers) that is
consistent with the definition for fully open (for sliding doors) would
result in more representative results by reducing the range of
allowable percent open. Additionally, DOE has revised the food service
pan requirement from Gastronorm to stainless steel to ensure a
repeatable and reproducible test with the same pan material while
allowing test flexibility for different pan sizes as specified in
manufacturer instructions.
DOE proposed in the June 2022 NOPR that the net usable volume of
drawers is the storage volume of the pans up to the top edge of the
pan. 87 FR 39164, 39175. DOE has determined that ``up to the top edge
of the pan'' is better specified by providing a more detailed
description of this instruction that is harmonized with the net usable
volume determination for buffet tables or preparation tables
established in this final rule. Specifically, DOE is specifying that
the net usable volume of pans is determined by filling pans with water
to within 0.5 in. of the top edge of the pan.
DOE proposed in the June 2022 NOPR additional test simulator
loading instructions to clarify the application of ASHRAE 72 loading to
pans. 87 FR 39164, 39175. DOE has revised the test simulator locations
proposed for drawers to be less burdensome and to align more closely
with the simulator loading requirements in ASHRAE 72 with Errata.
Specifically, DOE has determined that loading test simulators into
every individual pan (i.e., at each corner of every pan), as proposed,
is not appropriate and would be overly burdensome as compared to the
simulator loading requirements for shelves in ASHRAE 72 with Errata.
For example, under the proposed approach,

[[Page 66170]]

a large drawer loaded with small pans would require many more
simulators (in every pan) than a similarly-sized CRE with a shelf in
place of a drawer (at the shelf corners and at specified intervals). To
ensure consistent application of the ASHRAE 72 with Errata
instructions, DOE is specifying that drawers be loaded with simulators
in locations similar to those required for shelves (i.e., at the drawer
ends and at specified length intervals, at the front and back of the
drawers, and on the bottom of the pan(s)) which is representative of
the integrated average temperature of the drawer(s) while reducing the
test burden of requiring additional test simulators and to account for
pans which may not accommodate two test simulators stacked in the
vertical direction. Additionally, DOE is specifying that test
simulators shall be secured during testing to ensure the specified
locations are maintained throughout drawer openings. DOE has determined
that this revised method is representative, repeatable, and
reproducible for testing of CRE with drawers and maintains consistency
with the loading instructions in ASHRAE 72 with Errata.
b. Liquid Refrigerant Pressure Accuracy
On April 14, 2023, ASHRAE published the first public review draft
of Addendum a to ASHRAE 72-2022 with Errata.\15\ The purpose of
Addendum a is to correct the required liquid refrigerant pressure
measurement accuracy in Table A-1 in Normative Appendix A. The required
accuracy for liquid refrigerant pressure in ASHRAE 72-2022 with Errata
is <plus-minus>7.0 kPa (<plus-minus>1.0 psi). However, this is an error
because in previous versions of ASHRAE 72 (e.g., the version currently
incorporated by reference at 10 CFR 431.63, ASHRAE 72-2005), the
required accuracy for liquid refrigerant pressure was <plus-minus>35
kPa (<plus-minus>5.1 psi). Addendum a corrects the required accuracy
for liquid refrigerant pressure to be <plus-minus>35 kPa (<plus-
minus>5.1 psi), consistent with previous versions of ASHRAE 72.
Therefore, DOE is clarifying in this final rule that the required
accuracy for liquid refrigerant pressure is <plus-minus>35 kPa (<plus-
minus>5.1 psi).
---------------------------------------------------------------------------

\15\ See <a href="http://www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Actions/SAApr142023.pdf">www.ashrae.org/File%20Library/Technical%20Resources/Standards%20and%20Guidelines/Standards%20Actions/SAApr142023.pdf</a>.
---------------------------------------------------------------------------

3. Secondary Coolants
Certain CRE are installed for use with a secondary coolant. In this
configuration, a remotely cooled fluid (e.g., a propylene glycol
solution) is supplied to the cabinet and absorbs heat from the cabinet
without the secondary coolant undergoing a phase change.
AHRI publishes a rating standard applicable to CRE that use a
secondary coolant or refrigerant, AHRI Standard 1320 (I-P), ``2011
Standard for Performance Rating of Commercial Refrigerated Display
Merchandisers and Storage Cabinets for Use With Secondary
Refrigerants'' (``AHRI 1320-2011''), approved by ANSI on April 17,
2012. AHRI 1320-2011 is applicable to CRE that are equipped and
designed to work with electrically driven, medium-temperature, single-
phase secondary coolant systems, but excludes equipment used for low-
temperature applications, secondary coolants involving a phase change
(e.g., ice slurries or carbon dioxide), and self-contained CRE. AHRI
1320-2011 includes similar rating temperature conditions as those in
AHRI 1200-2013 and references ASHRAE 72-2005 and AHAM HRF-1-2008 for
the measurement of energy consumption and calculation of refrigerated
volume, respectively. The only substantive differences between AHRI
1200-2013 and AHRI 1320-2011 are the inclusion of secondary refrigerant
circulation pump energy consumption in the calculation of total daily
energy consumption and revised coefficients of performance to determine
compressor energy consumption.
While CRE cooled by secondary coolants are less common than self-
contained or remote CRE, DOE proposed in the June 2022 NOPR to
incorporate by reference AHRI 1320-2011 to reference only the specific
sections within the standard that apply to CRE tested with secondary
coolants (i.e., those referring to pump energy and coolant flow) and to
otherwise reference the applicable requirements in AHRI 1200-202X. 87
FR 39164, 39176. DOE acknowledges that AHRI 1320-2011 may be updated
consistent with the updates in AHRI 1200-2023.
Because CRE cooled by secondary coolants are not currently subject
to DOE's test procedure, DOE proposed in the June 2022 NOPR that the
test procedure referencing AHRI 1320-2011 would not be required for use
until the compliance date of any amended energy conservation standards
for CRE that consider such testing. 87 FR 39164, 39176. DOE is aware
that direct-expansion remote CRE may also be capable of being installed
with a secondary coolant. Id. Under the June 2022 NOPR proposal, such
equipment would continue to be tested and rated using the approach
currently required for remote condensing CRE. Id. The test procedure
for secondary coolants proposed in the June 2022 NOPR would be
applicable to equipment only capable of being installed with secondary
coolants, should any such models become available. Id.
In the June 2022 NOPR, DOE requested comment on the proposal to
incorporate by reference AHRI 1320-2011 for CRE used with secondary
coolants, including the proposal to only reference the industry
standard for provisions specific to secondary coolants and to otherwise
reference AHRI 1200-202X, as proposed for other CRE. 87 FR 39164,
39176.
The CA IOUs commented that they support the addition of a test
procedure for secondary coolant systems in reference to ANSI/AHRI
Standard 1320 and recommended distinguishing between secondary coolant
systems and cascade systems and including both system types in the
scope of DOE's test procedures. (CA IOUs, No. 36, p. 11) The CA IOUs
also encouraged DOE to develop a test procedure to address
CO<INF>2</INF>-based (i.e., R-744) secondary coolant systems and
cascade systems. Id.
AHRI recommended that DOE avoid incorporating by reference AHRI
1320-2011 for CRE used with secondary coolants because AHRI will likely
update AHRI 1320-2011 during 2023, and an updated standard could create
confusion for compliance purposes. (AHRI, No. 38, p. 5) AHRI noted that
AHRI 1320-2011 is not a widely used or needed standard and that waiting
for the update would benefit the test procedure. Id.
Zero Zone stated agreement that AHRI 1320 was the appropriate
standard for secondary coolants, as stated in previous comments. (Zero
Zone, No. 37, p. 3) Zero Zone stated it had not used the standard,
expressed concern it would not produce reliable results, and agreed
with AHRI's position that the standard was out of date and not used by
manufacturers. Id. Zero Zone commented that generally speaking, a
commercial refrigerator has the same amount of heat infiltration
regardless of the refrigerant used to cool the equipment, plus the
number of cases sold that use a secondary coolant is extremely low, and
adding a requirement to test and certify this equipment would create an
enormous test burden. Id.
Hussmann recommended against DOE's proposal to incorporate by
reference AHRI 1320-2011 for CRE used with secondary coolants, as AHRI
is likely to update AHRI 1320-2011 during 2023. (Hussmann, No. 32, p.
3) Hussmann commented that an updated standard could create confusion
for compliance purposes, adding that AHRI

[[Page 66171]]

1320-2011 is not a widely used or needed standard, and that waiting for
a more updated standard to incorporate in the test procedure would be
beneficial. Id.
Hillphoenix disagreed with the proposal to incorporate AHRI 1320-
2011 and recommended that DOE allow the standard to be reviewed by the
industry and aligned with current technology before being referenced.
(Hillphoenix, No. 35, p. 3)
DOE recognizes that AHRI 1320-2011 is not a widely used standard
and that AHRI may work on an update to the standard, but DOE also
recognizes that AHRI 1320 parallels AHRI 1200. Therefore, DOE is
adopting the provisions for CRE used with secondary coolants as
proposed in the June 2022 NOPR, which is consistent with the updates in
AHRI 1200-2023, so that CRE using secondary coolants can be tested and
rated. DOE will evaluate any future updates to AHRI 1320-2011 as they
become public. Consistent with the June 2022 NOPR, the test procedure
for CRE using secondary coolants would not be required for use until
the compliance date of any amended energy conservation standards for
CRE that consider such testing.
As stated in the June 2022 NOPR, DOE is aware that direct-expansion
remote CRE may also be capable of being installed with a secondary
coolant. Such equipment will continue to be tested and rated using the
approach currently required for remote condensing CRE. The test
procedure for CRE with secondary coolants will be applicable to
equipment only capable of being installed with secondary coolants,
should any such models become available.

C. Test Conditions for Specific CRE Categories

DOE has identified specific categories of CRE that are not
currently subject to the DOE test procedure or in which the current
test procedure may not produce results that are representative of their
use. Additionally, the EPA's ENERGY STAR program considered three of
these equipment categories for scope expansion and test method
development during the Version 5.0 Specification development process:
refrigerated preparation and buffet tables; chef bases or griddle
stands; and blast chillers and freezers.\16\ DOE has considered
information gathered through the ENERGY STAR process when developing
the proposals included in this final rule. DOE discusses each of these
categories in the following sections.
---------------------------------------------------------------------------

\16\ Information and materials for ENERGY STAR's Specification
Version 5.0 process are available at <a href="http://www.energystar.gov/products/spec/commercial_refrigerators_and_freezers_specification_version_5_0_pd">www.energystar.gov/products/spec/commercial_refrigerators_and_freezers_specification_version_5_0_pd</a>
(last accessed March 11, 2023).
---------------------------------------------------------------------------

In response to the June 2022 NOPR, NEEA encouraged DOE to align
test methods for this equipment with EPA ENERGY STAR 5.0 where
applicable to reduce manufacturer burden and establish consistently
used ratings. (NEEA, No. 39, p. 2). NEEA commented that DOE had
reviewed the test procedures it recommended for these four products and
considered any anticipated updates to industry TP or active product
committees, such as ASHRAE 220. Id. NEEA stated support for DOE's
proposed test procedures for this equipment, noting that establishing
Federal test procedures was key to providing consistent ratings to
consumers and enabling data collection that would inform establishing
standards for this newly defined equipment. Id. NEEA recommended that
DOE establish energy conservation standards for newly defined CRE
equipment classes, including test procedures for refrigerated
preparation and buffet tables; chef bases or griddle stands; blast
chillers and blast freezers; and high-temperature CRE. Id.
As discussed in the following sections, DOE is establishing test
procedures for new equipment categories as proposed in the June 2022
NOPR. DOE has considered the latest ENERGY STAR requirements in
evaluating the requirements for these equipment categories. DOE may
evaluate energy conservation standards for these new equipment
categories as part of a separate energy conservation standards
rulemaking.
1. Salad Bars, Buffet Tables, and Refrigerated Preparation Tables
Salad bars, buffet tables, and other refrigerated holding and
serving equipment, including refrigerated preparation tables,\17\ are
CRE that store and display perishable items temporarily during food
preparation or service. These units typically have design attributes
such as easily accessible or open bins that allow convenient and
unimpeded access to the refrigerated products, which make them unique
from CRE designed for storage or retailing. In the April 2014 Final
Rule, DOE did not establish test procedures for this equipment but
maintained that it meets the definition of CRE and is covered equipment
that could be subject to future test procedures and energy conservation
standards. 79 FR 22277, 22281. In the June 2022 NOPR, DOE proposed
definitions and test procedures applicable to salad bars, buffet
tables, and refrigerated preparation tables.
---------------------------------------------------------------------------

\17\ While the April 2014 Final Rule did not specifically refer
to refrigerated preparation tables, DOE is including them in this
category because they have similar features to salad bars and buffet
tables. Each of these equipment categories includes an open-top area
for holding refrigerated pans and is used during food preparation
and service.
---------------------------------------------------------------------------

a. Definitions
In the June 2022 NOPR, DOE noted that ASTM International F2143-16,
``Standard Test Method for Performance of Refrigerated Buffet and
Preparation Tables'' (``ASTM F2143-16'') provides the following
definitions for refrigerated buffet and preparation tables:
<bullet> Refrigerated buffet and preparation table--equipment
designed with a refrigerated open top or open condiment rail.
<bullet> Refrigerated buffet table or unit--equipment designed with
mechanical refrigeration that is intended to receive refrigerated food
and maintain food product temperatures and is intended for customer
service such as a salad bar. A unit may or may not be equipped with a
lower refrigerated compartment.
<bullet> Refrigerated food preparation unit--equipment designed
with a refrigerated open top or open condiment rail such as
refrigerated sandwich units, pizza preparation tables, and similar
equipment. The unit may or may not be equipped with a lower
refrigerated compartment.

86 FR 31182, 31185-31186.
DOE discussed in the June 2022 NOPR that certain terms used within
these definitions are undefined (e.g., condiment rails, food product
temperatures) and that it was not aware of any other industry standard
definitions for these equipment categories. Id.
DOE also noted in the June 2022 NOPR that the California Code of
Regulations (``CCR'') \18\ defines ``buffet table'' and ``preparation
table'' as follows:
---------------------------------------------------------------------------

\18\ California's regulations for buffet tables and preparation
tables refer to the 2001 version of ASTM F2143. For this final rule,
DOE has reviewed ASTM F2143-16, as it is the most current version of
the standard.
---------------------------------------------------------------------------

<bullet> ``Buffet table'' means a commercial refrigerator, such as
a salad bar, that is designed with mechanical refrigeration and that is
intended to receive refrigerated food, to maintain food product
temperatures, and for customer service; and
<bullet> ``Preparation table'' means a commercial refrigerator with
a countertop refrigerated compartment with or without cabinets below,
and

[[Page 66172]]

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

87 FR 39164, 39177.
Furthermore, the EPA's ENERGY STAR program's Final Draft Version
5.0 Eligibility Criteria for commercial refrigerators and freezers
includes a definition for ``preparation or buffet table'' as a
commercial refrigerator, freezer, or refrigerator-freezer with a food
condiment rail designed to hold open perishable food and may or may not
be equipped with a lower compartment that may or may not be
refrigerated.
In the June 2022 NOPR, DOE stated that the configuration of salad
bars, buffet tables, and refrigerated preparation tables may raise
questions as to whether a unit is commercial hybrid refrigeration
equipment. 87 FR 39164, 39177. DOE defines ``commercial hybrid
refrigeration equipment'' as a unit of CRE (1) that consists of two or
more thermally separated refrigerated compartments that are in two or
more different equipment families, and (2) that is sold as a single
unit. 10 CFR 431.62.
DOE discussed in the June 2022 NOPR that additional detail may be
necessary to distinguish between a unit that is a salad bar, buffet
table, or refrigerated preparation table and a unit that is commercial
hybrid equipment that includes a salad bar, buffet table, or
refrigerated preparation table. 87 FR 39164, 39177. Refrigerated salad
bars, buffet tables, and preparation tables typically have removable
pans or bins that directly contact the chilled air in the refrigerated
compartment of the unit. With that configuration, the entirety of the
chilled compartment and surface pans would potentially be considered a
refrigerated salad bar, buffet table, or preparation table. In
contrast, if a unit includes solid partitions between the chilled
compartment and the pans or bins on top of the unit, such a
configuration would potentially be considered thermal separation and
the unit would be considered a commercial hybrid consisting of a
refrigerated salad bar, buffet table, or preparation table with a
refrigerator and/or freezer.
To delineate this equipment from other types of CRE, DOE proposed
in the June 2022 NOPR to define the term ``buffet table or preparation
table.'' 87 FR 39164, 39179. DOE proposed a definition for this term
that combines elements of the existing industry and ENERGY STAR
definitions, includes language for consistency with DOE's existing CRE
definitions, and includes further specificity regarding the
characteristics of this equipment. Id. Specifically, DOE proposed to
define this term as follows:
``Buffet table or preparation table'' means a commercial
refrigerator with an open-top refrigerated area, that may or may not
include a lid, for displaying or storing merchandise and other
perishable materials in pans or other removable containers for customer
self-service or food production and assembly. 87 FR 39164, 39179. The
unit may or may not be equipped with a refrigerated storage compartment
underneath the pans or other removable containers that is not thermally
separated from the open-top refrigerated area. Id.
DOE did not propose in the NOPR to define the term ``salad bar,''
as this equipment would be captured within the proposed definition of
``buffet table or preparation table.'' 87 FR 39164, 39179. DOE
tentatively determined that additional equipment definitions are not
necessary for the purposes of testing buffet tables and preparation
tables. Id.
Additionally, DOE did not propose in the NOPR any reference to
storage temperature or duration in the proposed definition for ``buffet
table or preparation table.'' 87 FR 39164, 39179-39180. DOE recognized
that these are important aspects of the equipment operation but has
tentatively determined that they are not necessary for the purpose of
defining the equipment to establish test procedures. Id. By specifying
that such units are commercial refrigerators, buffet tables and
preparation tables would be units capable of operating at or above 32
[deg]F (<plus-minus>2 [deg]F).
As discussed, CRE may include single refrigeration systems to
provide cooling to multiple compartments or areas within a unit.
Additionally, CRE may include multiple distinct refrigeration systems
or evaporator coils to individually cool separate compartments or
refrigerated areas. DOE's proposed definition in the June 2022 NOPR
would include units both with and without a refrigerated storage
compartment underneath the pans or other removable containers. The
proposed definition in the June 2022 NOPR, however, specifies that
units including a refrigerated storage compartment underneath the pans
or other removable containers may not be thermally separated from the
open-top refrigerated area.
DOE noted in the June 2022 NOPR that while industry may use the
term ``hybrid'' to refer to different combinations of equipment
capabilities and configurations, the term ``commercial hybrid'' is
specifically defined by DOE in 10 CFR 431.62. 87 FR 39164, 39180.
Currently, CRE with refrigerated storage compartments thermally
separated from the open-top refrigerated area of the buffet table or
preparation table are ``commercial hybrid'' CRE and must be tested in
accordance with the applicable test procedures and comply with the
applicable standards. Such equipment would continue to be tested as
currently required to determine compliance with the existing energy
conservation standards applicable to the non-buffet table or
preparation table element. As noted, DOE has not established energy
conservation standards for CRE covered under the proposed definition of
``buffet table or preparation table.'' DOE discussed in the April 2014
Final Rule that because only the refrigerated storage compartment is
subject to current energy conservation standards, the unit would be
tested with the buffet table or preparation table portion disabled and
not included in the determination of energy consumption. 79 FR 22277,
22289. If the same refrigeration system serves both the refrigerated
compartment and the open-top refrigerated area and refrigeration of the
open-top area cannot be disabled, manufacturers may apply for a test
procedure waiver for such equipment if the measured energy use would
not be representative of the portion of the unit that is not a buffet
table or preparation table of the CRE basic model. Id.
In the June 2022 NOPR, DOE requested comment on the proposed
definition for ``buffet table or preparation table.'' 87 FR 39164,
39180. DOE also requested information on whether any additional
definitions are necessary for the purposes of testing this equipment,
or whether any additional equipment characteristics are necessary to
differentiate this equipment from other categories of CRE. Id.
Hoshizaki supported this proposed definition and stated that it is
like the definition given in ASTM F2143-16. (Hoshizaki, No. 30, p. 2)
Hillphoenix agreed with the proposed definitions for buffet table
and preparation table as documented in the NOPR. (Hillphoenix, No. 35,
p. 3)
NEEA supported the new definitions DOE proposed for buffet tables
and preparation tables, stating that these equipment types have unique
applications compared to other CRE, and these definitions allow
consideration (potential standards), categorization (equipment
classes), and testing of this equipment separate from other CRE. (NEEA,
No. 39, p. 2)
Continental commented it continues to support the use of NSF 7-2019

[[Page 66173]]

(defined within NSF/ANSI 170-2019, ``Glossary of Food Equipment
Terminology'') definitions for ``Refrigerated Buffet Units'' and
``Refrigerated Food Preparation Units.'' (Continental, No. 29, p. 4)
True commented that the terms used to define the categories of
``buffet table'' and ``preparation table'' correspond to (match) those
as defined by NSF/ANSI 170 (referenced in NSF/ANSI 7-2021). (True, No.
28, p. 2) True commented that the definition for a buffet table can be
found at NSF/ANSI 170 3.22, which defines a buffet unit as ``Equipment
that is designed to receive and maintain food product(s) at proper
temperatures and is intended for customer service,'' and that the
definition for a preparation table can be found at NSF/ANSI 170 3.173,
which defines a refrigerated food preparation unit as ``Equipment
designed with a refrigerated open top or open condiment rail such as
refrigerated sandwich units, pizza preparation tables, and similar
equipment. The unit may or may not be equipped with a lower
refrigerated compartment.'' Id.
AHRI commented that it found the proposed definition for ``buffet
table or preparation table'' to be broad enough for testing this
equipment and defining necessary equipment characteristics; as a
result, additional definitions may be unnecessary. (AHRI, No. 38, p. 5)
AHRI recommended that DOE should specify that this definition applies
to self-contained units and add to the definition whether the equipment
does or does not share a coil. Id.
Hussmann commented that while it did not oppose the proposed
definitions, it requested that DOE include that the definition
pertained to self-contained units only, and that DOE include language
about sharing the coil with other compartments. (Hussmann, No. 32, p.
4) Hussmann also commented that the definition included ``may or may
not be equipped with a refrigerated storage compartment underneath the
pans'' but did not mention any other equipment category, and that the
buffet/prep section may share a coil with a different equipment
category other than storage and mention should be in the definition
because it already considers the lower storage. Id. Hussmann requested
clarification about, and a definition of, ``non-thermally separated
compartments,'' as the proposal stated ``closed.'' (Hussmann, No. 32,
p. 5) Hussmann commented that currently, open display cases (``SVO'')
share the same coil/discharge air with the buffet/prep section. Id.
Hussman questioned whether DOE considered this condition as not
thermally separated. Id. Hussmann added that if so, a ``no-load'' in
the SVO section of the case would result in higher infiltration of warm
air. Id. Hussmann also commented by asking if night curtains would be
allowed to be installed on the case or if the unloaded compartment
could be protected or, alternatively, if the SVO section of the case
could be loaded. Id.
The CA IOUs commented that DOE's proposed definition for ``buffet
table or preparation table'' raises the issue that if an energy
conservation standard is established in the future for this equipment,
refrigerated rails will have to meet the same energy conservation
standard as prep tables with a refrigerated bottom component if that
bottom component is not ``thermally separated'' from the open-top
refrigerated area. (CA IOUs, No. 36, p. 1) The CA IOUs also commented
that DOE should consider defining ``refrigerated rail'' separately from
``buffet table or preparation table'' and that the definition of
``buffet table or preparation table'' include both sandwich and pizza
prep tables; and that ``commercial hybrid'' CRE consists of
compartments refrigerated by separate evaporators with fully
independent temperature control between the different compartments. (CA
IOUs, No. 36, p. 3)
The CA IOUs amended the proposed NOPR definitions with strikeout
deletions and underline additions. Id. The CA IOUs agreed with the
current definition of a ``refrigerated rail.'' Id. The CA IOUs amended
the proposed NOPR definition of ``buffet table or preparation table''
to ``a commercial refrigerator with an open-top refrigerated area, that
may or may not include a lid, for displaying or storing merchandise and
other perishable materials in pans or other removable containers for
customer self-service or food production and assembly. The unit may or
may not be equipped with a refrigerated storage compartment underneath
the pans or other removable containers, that is not thermally separated
from the open-top refrigerated area that is conditioned by the same
refrigeration circuit as the open-top refrigerated area.'' Id. The CA
IOUs slightly altered the definition of ``commercial hybrid''
refrigeration equipment to ``a unit of CRE (1) that consists of two or
more thermally separated refrigerated compartments with independent
control of temperature amongst the refrigerated compartments and that
are in two or more different equipment families, and (2) that is sold
as a single unit.'' Id.
The CA IOUs commented that prep tables (either sandwich tables or
pizza prep tables) are similar in having an open-top refrigerated area
with a refrigerated storage compartment underneath. (CA IOUs, No. 36,
p. 2) The CA IOUs stated that in the absence of a definition for
``thermal separation,'' pizza prep tables could be misclassified as
``commercial hybrid'' CRE with the open-top refrigerated area evaluated
as a ``buffet table or preparation table'' and the refrigerated
compartment tested as Vertical Closed Solid (VCS.SC.M), while sandwich
prep tables would be tested as ``buffet table or preparation table.''
Id. The CA IOUs commented that rating sandwich prep tables differently
from pizza prep tables would create market confusion. Id.
Consistent with the June 2022 NOPR, DOE is not limiting the
definition of buffet tables or preparation tables to self-contained
configurations but is specifying that the test procedure is only
applicable to self-contained configurations \19\ because DOE has not
evaluated test provisions for remote equipment.
---------------------------------------------------------------------------

\19\ See section 1.1 of appendix C of the June 2022 NOPR.
---------------------------------------------------------------------------

The existing hybrid definition is based on thermally separated
compartments, not independent coils or separate temperature control.
DOE is maintaining the existing approach for hybrids, which will avoid
reclassifying all existing hybrid CRE.
DOE acknowledges that energy consumption likely varies depending on
equipment configuration. For the purposes of testing, DOE has
determined there is not a need to separately define equipment
categories within buffet tables or preparation tables and is not
establishing separate definitions. DOE has determined that test
instructions regarding refrigerated pan areas and compartments are
sufficient for testing the referenced configurations. DOE would
consider energy impacts of different configurations as part of energy
conservation standards rule evaluating this equipment category, and
would consider appropriate definitions for those configurations at that
time. Therefore, DOE is maintaining definitions as proposed in the June
2022 NOPR, which combine aspects of existing industry definitions,
ENERGY STAR definitions, and other DOE definitions for CRE.
b. Test Methods
In the June 2022 NOPR, DOE considered potential test methods for
buffet tables and preparation tables. 87 FR 39164, 39180. DOE reviewed
both ASTM F2143-16 and NSF 7-2019 in considering test methods for
buffet

[[Page 66174]]

tables and preparation tables. As described in section 1 of ASTM F2143-
16 (``Scope''), that test method covers evaluation of the energy
consumption of refrigerated buffet and preparation tables and allows
food service operators to use this evaluation to select a refrigerated
buffet and preparation table and understand its energy performance. The
foreword to NSF 7-2019 specifies that the purpose of the industry
testing standard is to establish minimum food protection and sanitation
requirements for the materials, design, construction, and performance
of commercial refrigerators and freezers.
The general test approach in ASTM F2143-16 is to load the unit with
distilled water in pans and no load in any refrigerated compartment,
operate the unit to confirm stability, then conduct testing for 24
hours, with an 8-hour ``active period'' with lid and door openings
followed by a 16-hour ``standby period'' with no door openings. DOE
understands that this test is intended to represent unit operation and
energy consumption over a 24-hour day.
The NSF 7-2019 test approach requires loading the unit pans with
refrigerated food-simulating test media (a specified mixture of water,
salt, and hydroxypropyl methylcellulose) and no load in any
refrigerated compartment and operating the unit for 4 hours to
determine whether temperatures at all measured locations are within the
acceptable range. DOE acknowledges that this test is intended to
evaluate the ability of a unit to maintain the temperature of
refrigerated pans (and any compartments) during a 4-hour period.
While these two industry test methods contain certain similarities
(e.g., loading pans but not compartments, ambient temperature
conditions), DOE initially determined in the June 2022 NOPR that ASTM
F2143-16 provides the more appropriate basis for an energy consumption
test representative of typical use. 87 FR 39164, 39181. As discussed in
the following subsections, DOE initially determined in the June 2022
NOPR that 24 hours of maintaining stable temperatures, as required in
the ASTM F2143-16 method, is representative of average use for this
equipment. Id. DOE also tentatively determined in the June 2022 NOPR
that the stabilization and operating periods specified in ASTM F2143-16
would ensure that units maintain temperatures on a consistent basis
during testing and would allow for comparative energy use measurements
across units. Id. NSF 7-2019 provides a basis for determining whether a
unit is capable of maintaining certain temperatures over a shorter
period, but without additional instructions to ensure energy
consumption testing on a consistent basis (i.e., the temperatures
maintained over the shorter test period may not necessarily be stable).
For these reasons, DOE proposed in the June 2022 NOPR to reference
ASTM F2134-16 as the basis for testing buffet tables and preparation
tables. 87 FR 39164, 39181. Consistent with the scope of ASTM F2134-16,
DOE proposed test procedures only for self-contained buffet tables and
preparation tables. Id. While DOE proposed to base the test procedure
for buffet tables and preparation tables on ASTM F2134-16, DOE also
proposed certain additional and different requirements for test
conditions, setup, and conduct to ensure the representativeness of the
test procedure, as discussed in the following sections. Id.
To avoid confusion regarding testing of other CRE, DOE also
proposed in the June 2022 NOPR to establish the test procedure for
buffet tables and preparation tables as a new appendix C to subpart C
of 10 CFR part 431. 87 FR 39164, 39181. DOE also proposed to refer to
the proposed appendix C as the test procedure for buffet tables and
preparation tables in 10 CFR 431.64. Id.
In the June 2022 NOPR, DOE requested comment on its proposal to
adopt through reference certain provisions of ASTM F2143-16 as the
basis for testing buffet tables and preparation tables. 87 FR 39164,
39181. DOE also sought comment on the proposal to specify test
procedures only for self-contained buffet tables and preparation
tables, consistent with ASTM F2143-16. Id.
The Joint Commenters supported DOE's proposed changes regarding the
proposed test methods for additional equipment categories including
buffet and preparation tables. (Joint Commenters, No. 31, p. 1)
NEEA stated its support for DOE's proposal to establish test
procedures for new and/or newly defined categories of CRE, and restated
its recommendation from the 2021 CRE TP RFI that DOE establish test
methods for new CRE product types, including refrigerated preparation
and buffet tables. (NEEA, No. 39, p. 2)
The Joint Commenters expressed support for establishing test
procedures for buffet and preparation tables, citing a statistic from
the California Energy Commission (``CEC'') Modernized Appliance
Efficiency Database System (``MAEDbS'') that listed over 100 buffet/
preparation tables with a broad range of energy usage, and a 2014
report that discussed testing on 11 preparation tables, revealing a
wide range of measured energy consumption. (Joint Commenters, No. 31,
p. 2) The Joint Commenters stated that findings in the 2014 report
suggested the potential for meaningful energy savings for these
products and establishing test procedures for buffet and preparation
tables would ensure that the energy consumption of this equipment would
be measured in a consistent manner. Id.
Continental commented that it supports the NOPR proposal to add new
test procedures for product categories such as refrigerated buffet and
preparation tables. (Continental, No. 29, p. 1) Continental noted,
however, that attempting to develop test procedures that combine
aspects of different existing industry standards and introducing
significant modifications is not sufficient or appropriate for this
type of rulemaking. Id. Continental recommended that DOE work with
ASHRAE, AHRI, ASTM, and other stakeholders to develop suitable test
procedures for any additional product categories so that new or
modified industry standards are comprehensive, reliable, and repeatable
for many equipment types, with minimal additional testing burden. Id.
Continental expressed significant concerns with ASTM F2143-16, stating
that DOE recognized many of the same issues in the NOPR and, as a
result, DOE should delay adoption of a test procedure for refrigerated
buffet and preparation tables, and work in depth with industry
associations and other stakeholders to develop an appropriate standard
procedure. (Continental, No. 29, p. 4) Continental commented that
attempting to combine existing test standards was likely to result in
excessive testing burden, inconsistent results, and confusion for
stakeholders. Id. Continental added that ENERGY STAR had expressed a
desire to include buffet tables and preparation tables in its most
recent standards revision, but recognized that an appropriate standard
test method has not been used by industry and declined to include this
equipment. Id.
AHRI recommended that DOE use ASTM F2143-16 only as intended and
not impose additional provisions and restrictions in testing buffet
tables and preparation tables. (AHRI, No. 38, p. 6) AHRI commented that
test standards should not be combined and recommended regulating this
issue under a single standard. Id. AHRI commented with concern that the
data set used in testing failed to indicate energy efficiency, and that
DOE should wait to update this regulation until

[[Page 66175]]

clearer test standards have been determined through consensus by
manufacturers and third parties. Id. AHRI noted that ENERGY STAR was
not employing ASTM F2143-16, indicating that DOE's adoption was
premature. Id. AHRI commented that it had numerous concerns with ASTM
F2143-16 and advised that this standard may not be ready for use in a
DOE test procedure. Id. AHRI added that if DOE were to use this
standard in a test procedure, it should only apply to self-contained
equipment. Id. AHRI commented that it could not determine the impacts
of employing the standard because it is not widely used. Id.
Hoshizaki commented in agreement with the proposal to use test
procedures from ASTM F-2143-2016, but in disagreement with the proposal
to have additional requirements from other standards. (Hoshizaki, No.
30, p. 2) Hoshizaki commented that if DOE wants to use a standard only
in part, it should request to have a single standard updated with
proposed changes and wait for the standard process to complete before
publishing a test procedure. Id. Hoshizaki stated that this would give
manufacturers a chance to see the final standard and prepare for
testing prior to the implementation of new regulations. Id.
Hillphoenix stated its disagreement with the proposal to adopt ASTM
F2143-16 as the basis for testing buffet and preparation tables, as it
is not widely utilized by all manufacturers. (Hillphoenix, No. 35, p.
3) Hillphoenix recommended that DOE approach the industry and request
updated testing standards that better reflect actual product intent,
stating this approach would (1) cause less confusion than referencing
portions of multiple standards, (2) drive consistency within the
industry, and (3) be less burdensome on manufacturers. Id. Hillphoenix
agreed that ASTM F2143-16 only pertained to self-contained models, and
if adopted against industry recommendations, the proposed test
procedure should reflect self-contained models only, as in ASTM F2143-
16. Id.
Hussmann cautioned DOE that ASTM F2143-16 was not a commonly used
standard in the industry and contained many holes and gaps common to
DOE test procedures. (Hussmann, No. 32, p. 4) Hussmann added that
combining test standards would cause confusion and disruption to the
industry as the different standards were revised and therefore
recommended adopting buffet/prep cases under a single standard that
would be widely accepted across the industry. Id.
In the August 2022 public meeting, True commented that ASTM-F2143-
16 is only required by the State of California for reporting energy,
and that it is surprised NSF-7 is not being used as a standard for
consideration, since that is a de facto national standard in place for
the United States and Canada. (Public Meeting Transcript, No. 41, p.
38) True commented that ASTM F2143-16 is not an industry standard used
by the food service industry or by local health inspectors. (True, No.
28, p. 2) True stated that NSF 7 is the food service industry standard
for the performance rating, food safety, and evaluation of refrigerated
food preparation units (tables); that local United States and Canada
food safety and sanitation inspectors (health inspectors) require the
NSF 7 compliance logo; and that certificates of occupancy are issued
based on NSF 7 Standard compliance. Id.
True also commented that the proposed ASTM F2143-16 standard is not
a suitable standard that should be used to evaluate these products.
(True, No. 28, p. 6) True stated that consideration should be given to
the fact ASTM F2143-16 does not address food safe temperatures (water
as the test media is not representative of food), and adding this test
setup would increase testing and lab burdens to all manufacturers. Id.
True pointed to NSF/ANSI 7-2021 as the reference standard recommended
for this type of equipment and noted that ASTM F2143-16 is in review
and has not been presented publicly. Id.
As discussed in section III.C.1.a, DOE is establishing test
procedures only for self-contained buffet tables or preparation tables.
DOE agrees with commenters that ASTM F2143-16 cannot be referenced
as a standalone test method and, accordingly, DOE proposed deviations
and additional specifications in the June 2022 NOPR. DOE recognizes
that not all manufacturers currently use ASTM F2143-16, but DOE has
determined the approach based on ASTM F2143-16 with additional
requirements is representative and not unduly burdensome to conduct. If
a new or updated industry standard that measures the energy consumption
of buffet tables or preparation tables becomes available, DOE will
consider it in a future test procedure rulemaking.
DOE has evaluated ASTM F2143-16 and identified the need for
additional provisions or alternate requirements. To the extent that
additional provisions are consistent with requirements in other
industry methods, DOE has incorporated by reference those other
methods. This approach makes it easier to determine where requirements
are harmonized across industry standards. In response to combining
multiple standards, DOE is not applying each standard in whole to this
equipment, but rather is adopting the appropriate provisions to result
in a representative DOE test procedure. The regulatory text is located
in appendix C established in this final rule is the DOE test procedure
for this equipment, and the requirements in appendix C clearly outline
when to use requirements from each standard.
As discussed in section III.C.1.a, NSF 7 is intended to ensure
refrigerating performance and food safety, not energy use. ASTM F2143-
16 was developed to evaluate energy performance, and with the
additional requirements established in this final rule, DOE has
determined that referencing ASTM F2143-16 is appropriate and meets the
EPCA requirements.
DOE's determination to establish test procedures consistent with
EPCA requirements is not impacted by ENERGY STAR's specification review
process. To the extent that ENERGY STAR considers this equipment in
future updates, the ENERGY STAR program typically adopts DOE test
procedures and DOE will coordinate with ENERGY STAR to harmonize
requirements.
As discussed, DOE is establishing a test procedure for buffet
tables and preparation tables based on ASTM F2143-16 with additional
requirements. The following sub-sections describe additional details of
the test procedure.
Test Conditions
ASTM F2143-16 specifies different rating conditions for test room
dry-bulb temperature and moisture content than the current DOE test
procedure. NSF 7-2019 also specifies test conditions similar to those
in ASTM F2143-16. Table III.1 summarizes these differences.

[[Page 66176]]

Table III.1--Test Room Dry-Bulb Temperature and Moisture Content Standards Comparison
----------------------------------------------------------------------------------------------------------------
Wet bulb
Test room dry bulb temperature Moisture content
Equipment type Test standard temperature (relative (lb/lb dry air)
humidity)
----------------------------------------------------------------------------------------------------------------
Currently Covered CRE........... ASHRAE 72 (2005 75.2 [deg]F <plus- 64.4 [deg]F <plus- 0.009-0.011.
and 2022 with minus>1.8 [deg]F. minus>1.8 [deg]F
Errata). (49%-62%).
Buffet and Preparation Tables... ASTM F2143-16..... 86 [deg]F <plus- 66.2 [deg]F <plus- 0.008-0.010.
minus>2 [deg]F. minus>1.8 [deg]F
(30%-40%).
Buffet and Preparation Tables... NSF 7-2019........ 86 [deg]F <plus- Max 72 [deg]F Max 0.013.
minus>2 [deg]F. (based on max
50%).
----------------------------------------------------------------------------------------------------------------

As previously described, the apparent purpose of the NSF 7-2019
test is to determine the capability of a unit to maintain refrigerated
temperature in the conditions specified by the industry testing
standard. The ASTM F2143-16 ambient conditions match those in NSF 7-
2019. However, DOE initially determined in the June 2022 NOPR that
these conditions are not necessarily the most representative of typical
use. 87 FR 39164, 39182. As discussed in the June 2022 NOPR, buffet
tables and preparation tables are typically installed in locations
similar to other CRE (e.g., food service areas, supermarkets,
commercial kitchens) and would be subject to the same ambient
conditions during typical use. Id. DOE acknowledged in the June 2022
NOPR that the ambient conditions at the point of installation may vary.
Id. However, DOE determined that the conditions in ASHRAE 72 (in both
the currently referenced 2005 version and the 2022 with Errata version)
are appropriately representative of the average use of CRE. 79 FR
22277, 22283. For consistency with other CRE testing, DOE proposed in
the June 2022 NOPR that the ambient conditions specified in ASHRAE 72-
2018R also apply for testing buffet tables and preparation tables. 87
FR 39164, 39182.
For measuring these ambient conditions, ASHRAE 72-2022 with Eratta
and ASTM F2143-16 specify the same measurement locations; however, the
locations may require further specificity depending on the
configuration of the refrigerated buffet table or preparation table
under test. For example, the specified measurement location based on
the highest point of the unit under test as provided in ASTM F2143-16
could be based on the height of the refrigerated table surface and pan
openings or on the height of any lid or cover over the pans, if
included. Additionally, the specified measurement location at the
center of the unit as provided in ASTM F2143-16 could be based on the
geometric center of the unit determined from the height of the open pan
surfaces or on the geometric center of any door openings (for those
units with refrigerated compartments below the pan area).
As described, DOE proposed in the June 2022 NOPR to incorporate by
reference ASTM F2143-16 rather than NSF 7-2019 as the basis for testing
buffet tables and preparation tables. 87 FR 39164, 39182. The ASTM
F2143-16 ambient measurement locations are generally consistent with
those in the current DOE test procedure and the provisions in ASHRAE
72-2022 with Errata, but ASHRAE 72-2022 with Errata includes additional
specificity regarding ambient measurement locations. To ensure
appropriate measurement locations, DOE proposed in the NOPR to
reference ASHRAE 72-2018R rather than ASTM F2143-16 for ambient
condition measurement locations. 87 FR 39164, 39183. To provide
additional specifications for thermocouple placement to accommodate
different buffet table and preparation table configurations, DOE
proposed to add an instruction that the ``highest point'' of the buffet
table or preparation table is determined as the highest point of the
open-top refrigerated area of the buffet table or preparation table,
without including the height of any lids or covers. Id. DOE also
proposed to specify that the geometric center of the buffet table or
preparation table is: for buffet tables or preparation tables without
refrigerated compartments, the geometric center of the top surface of
the open-top refrigerated area; and for buffet tables or preparation
tables with refrigerated compartments, the geometric center of the door
opening area for the refrigerated compartment. Id. DOE proposed this
specification because the geometric center of the unit is used to
measure ambient temperature gradient. Id. For units with refrigerated
compartments, this instruction referencing the center of the door
opening area would ensure that the air entering the compartment during
door openings is within the allowable temperature range.
Regarding electrical supply requirements and measurements, appendix
A to ASHRAE 72-2022 with Errata provides greater specificity for
testing as compared to ASTM F2143-16. To improve test repeatability and
reproducibility, DOE proposed in the June 2022 NOPR to reference the
electric supply and measurement requirements specified in appendix A to
ASHRAE 72-2018R for testing buffet tables and preparation tables. 87 FR
39164, 39183.
In the June 2022 NOPR, DOE similarly proposed to adopt through
reference certain provisions in ASHRAE 72-2018R rather than ASTM F2143-
16 for instrumentation requirements for consistency with other CRE
testing and with the proposed test conditions (e.g., wet-bulb
temperature as specified in ASHRAE 72-2018R rather than relative
humidity as specified in ASTM F2143-16). Id.
In the June 2022 NOPR, DOE requested comment on the proposal for
testing buffet tables and preparation tables with test conditions
(i.e., test chamber conditions, measurement location, and electric
supply conditions) consistent with ASHRAE 72-2018R, with additional
detail specific to buffet tables and preparation tables. Id.
AHRI commented that it supports DOE's inclusion of the ASHRAE 72-
2022 ambient testing conditions with the qualification that DOE not
combine test standards, which would be unnecessary and inadvisable.
AHRI recommended regulation through a singular standard using a test
procedure developed through industry consensus and one that had been
referred to an appropriate standards committee. (AHRI, No. 38, p. 6)
AHRI noted that ASHRAE 72-2022 does not address areas with two
different cooling spaces. (AHRI, No. 38, p. 6)
Continental stated a belief that 86 [deg]F ambient better reflected
the application temperature for food preparation tables used in
commercial kitchens, which are often in proximity of cooking equipment
and that 75 [deg]F conditions reflect an applicable ambient temperature
for buffet tables used in restaurant front-of-house and supermarket
applications. (Continental, No. 29, p. 5) Continental reiterated that
DOE should not attempt to merge different aspects of existing

[[Page 66177]]

test methods into a new amalgamated test procedure within a rulemaking,
and that DOE should delay adoption of a test procedure for refrigerated
buffet and preparation tables, instead working with stakeholders to
develop an appropriate standard procedure. Id.
Hillphoenix stated agreement with the proposal to use ASHRAE 72 to
establish the conditions in which buffet and preparations tables should
be tested, as this standard already applies to existing CRE.
(Hillphoenix, No. 35, p. 4) Hillphoenix recommended referencing ASHRAE
72-202x, which would align with the incorporation of other standards
that are referenced but not yet released. Id. Hillphoenix recommended
against specifying alternate definitions for portions not covered by an
existing industry standard and advised DOE to allow the industry to
develop procedures through consensus. Id.
Hussmann supported the use of ASHRAE 72 for ambient conditions,
which more accurately resemble conditions in normal use, and which
would reduce test burden for testing a new equipment category, as
industry test chambers and conditions were not set for testing to
different standards. (Hussmann, No. 32, p. 4) Hussmann recommended that
DOE avoid combining sections from different standards to create a test
procedure, because doing so would provide results not yet tested and
proven by the industry. Id. Hussmann added that combining test
standards would cause confusion and disruption to the industry as the
different standards went through revisions and stated support for
creating a universal standard for buffet/prep tables. Id.
Hoshizaki agreed with the proposal to use test procedures from ASTM
F-2143-2016, but disagreed with the proposal to have additional
requirements from other standards. (Hoshizaki, No. 30, p. 2) Hoshizaki
commented that if DOE wants to use a standard only in part, DOE should
request to have a single standard updated with proposed changes and
wait for the standard process to complete before publishing a test
procedure, which would give manufacturers a chance to see the final
standard and prepare for testing prior to the implementation of new
regulations. Id.
True recommended the use of NSF ANSI 7-2021, with the following
test conditions: (1) ambient temperature of 86 <plus-minus>2 [deg]F (30
<plus-minus>1 [deg]C); (2) no vertical temperature gradient exceeding
1.5 [deg]F/ft (2.5 [deg]C/m); (3) maximum relative humidity of 50
percent; and (4) maximum air current velocity of 50 ft/min (0.25 m/s)
across the surfaces of the test pans. (True, No. 28, p. 6)
DOE recognizes that CRE across all categories, including buffet
tables or preparation tables, can be used in a range of installations,
(e.g., in commercial kitchens or in front-of-house installations).
Other CRE currently installed in these locations are tested per the
ASHRAE 72 conditions.
DOE understands that ASTM F2143-16 is currently under revision and
may harmonize test conditions with ASHRAE 72-2022 with Errata. Buffet
tables or preparation tables have the same energy use metric, kWh/day,
as other CRE equipment. Test conditions consistent with ASHRAE 72-2022
with Errata will allow for better comparisons between hybrid buffet
tables or preparation tables and other buffet tables or preparation
tables.
As stated earlier in this section, the purpose of NSF 7 is to
determine refrigerating performance for food safety requirements. While
the elevated ambient temperature may be appropriate to ensure food
safety, DOE has determined that the existing test condition based on
ASHRAE 72-2022 with Errata provides the most appropriate test condition
for the purpose of energy testing.
For these reasons and consistent with the discussion in section
III.C.1.b of the June 2022 NOPR, DOE has determined that the ASHRAE 72-
2022 with Errata test conditions are representative for buffet tables
or preparation tables. DOE is establishing these conditions in appendix
C by referencing ASHRAE 72-2022 with Errata.
Test Setup
Section 9.1 of ASTM F2143-16 specifies installation of the buffet
table or preparation table for testing according to the manufacturer's
instructions, with 6 in. of rear clearance, at least 12 in. of
clearance to any side wall or partition, and at least 3 feet of
clearance from the front of the unit. Section 5.2 of ASHRAE 72-2022
with Errata specifies that the test unit be installed next to a wall or
vertical partition in the direction of (a) the exhaust, (b) the intake,
or (c) both the exhaust and the intake at the minimum clearance, <plus-
minus>0.5 in., as specified in the installation instructions; if the
installation instructions do not provide a minimum clearance, the
vertical partition or wall shall be located 4 <plus-minus>0.5 in. from
the sides or rear of the cabinet and extend at least 12 in. beyond each
side of the cabinet from the floor to at least 12 in. above the top of
the cabinet.
DOE determined in the June 2022 NOPR that the installation
instructions in ASHRAE 72-2018R are more representative of actual use,
as they require testing according to the minimum manufacturer-specified
clearance in the direction of air exhaust or intake rather than a
constant 6 in. 87 FR 39164, 39183. DOE expects that CRE are typically
installed with minimum installation clearances due to the space-
constrained locations in which they operate (e.g., commercial kitchens
or food service areas). DOE proposed in the June 2022 NOPR to reference
the installation requirements in section 5.2 of ASHRAE 72-2018R for
buffet table and preparation table testing to represent typical use and
to ensure consistency with appendix B test requirements. 87 FR 39164,
39183.
Sections 5.1 and 5.3 of ASHRAE 72-2022 with Errata also provide
additional instructions regarding test unit installation and setup that
are not addressed in ASTM F2143-16. Specifically, section 5.1 provides
instructions regarding test unit installation within the test facility
and section 5.3 specifies test requirements for components and
accessories. While these provisions were established for conventional
CRE, DOE initially determined in the June 2022 NOPR that they are also
applicable to buffet table and preparation table installation and use
due to both categories having similar installation locations and
similar accessories available for use. 87 FR 39164, 39183. DOE proposed
in the June 2022 NOPR to also reference these sections in ASHRAE 72-
2018R for buffet table and preparation table testing to ensure
consistent testing that is represe

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