Proposed Rule2025-08576
Energy Conservation Program: Energy Conservation Standards for Automatic Commercial Ice Makers
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2025
Issuing agencies
Energy Department
Abstract
DOE is proposing to rescind the amended water use standards for automatic commercial ice makers (ACIMs). This will return the water use standards for ACIMs to the statutory baseline.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Proposed Rules]
[Pages 20919-20925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08576]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2025-BT-STD-0015]
RIN 1904-AF85
Energy Conservation Program: Energy Conservation Standards for
Automatic Commercial Ice Makers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: DOE is proposing to rescind the amended water use standards
for automatic commercial ice makers (ACIMs). This will return the water
use standards for ACIMs to the statutory baseline.
DATES: Comments must be received on or before July 15, 2025.
Meeting: DOE will hold a public meeting webinar on Thursday, May
29, 2025 from 1:00 p.m. to 4:00 p.m. See section III of this document,
``Public
[[Page 20920]]
Participation,'' for registration information, participant
instructions, and information about the capabilities available to
webinar participants. DOE invites public input on its proposal.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2025-BT-STD-0015. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-STD-0015, by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#a6e7d6d6cacfc7c8c5c3f5d2c7c8c2c7d4c2d5f7d3c3d5d2cfc9c8d5e6c3c388c2c9c388c1c9d0"><span class="__cf_email__" data-cfemail="9ddcededf1f4fcf3fef8cee9fcf3f9fceff9eecce8f8eee9f4f2f3eeddf8f8b3f9f2f8b3faf2eb">[email protected]</span></a>. Include the
docket number EERE-2025-BT-STD-0015 and/or RIN 1904-AF85 in the subject
line of the message. Submit electronic comments in WordPerfect,
Microsoft Word, PDF, or ASCII file format, and avoid the use of special
characters or any form of encryption.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. If possible,
please submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
287- 1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III (Public Participation) of this document.
Docket: The docket for this proposed rulemaking, which includes
Federal Register notices, comments, and other supporting documents and
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2025-BT-STD-0015">www.regulations.gov/docket/EERE-2025-BT-STD-0015</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket, as
well as a summary of the rulemaking. See section III of this document,
``Public Participation,'' for further information on how to submit
comments through <a href="http://www.regulations.gov">www.regulations.gov</a>. In accordance with 5 U.S.C.
553(b)(4), a summary of this rule may be found at <a href="http://www.regulations.gov">www.regulations.gov</a>,
under the docket number EERE-2025-BT-STD-0015.
FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
<a href="/cdn-cgi/l/email-protection#eca8a3a9ab8982899e8d80af8399829f8980ac849dc2888389c28b839a"><span class="__cf_email__" data-cfemail="7f3b303a381a111a0d1e133c100a110c1a133f170e511b101a51181009">[email protected]</span></a>.
For further information on how to submit a comment or review other
public comments and the docket contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#cd8cbdbda1a4aca3aea89eb9aca3a9acbfa9be9cb8a8beb9a4a2a3be8da8a8e3a9a2a8e3aaa2bb"><span class="__cf_email__" data-cfemail="eaab9a9a86838b84898fb99e8b848e8b988e99bb9f8f999e83858499aa8f8fc48e858fc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Discussion
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
M. Review Under Additional Executive Orders and Presidential
Memoranda
III. Public Participation
A. Attendance
B. Procedures
C. Conduct of the Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comments
IV. Approval of the Office of the Secretary
I. General Discussion
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, established the Energy
Conservation Program for Certain Industrial Equipment. 42 U.S.C. 6311-
6317. This includes ACIM equipment, the subject of this proposed
rulemaking. 42 U.S.C. 6311(1)(F).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Pursuant to this authority, DOE is proposing to rescind the amended
water conservation standards for ACIMs, which are codified at section
431.136 of title 10 of the Code of Federal Regulations (CFR). Congress
required certain types of ACIMs--water-cooled ice-making head ACIMs and
water-cooled self-contained ACIMs--to have maximum condenser water use
in gallons per 100 pounds of ice using formulas of 200-0.022H (where H
is the harvest rate in pounds per 24 hours) and 191-0.0315H (where H is
the harvest rate in pounds per 24 hours). See 42 U.S.C. 6313(d)(1).
DOE, by regulation, has set more stringent water use requirements, as
certain types of batch water-cooled ice-making head and water-cooled
self-contained ACIMs now have maximum condenser water use of 145
gallons per 100 pounds of ice and 112 gallons per 100 pounds of ice. 10
CFR 431.136. DOE also established new water conservation standards for
certain types of continuous water-cooled ice-making head to have
maximum condenser water use of 180-0.0198H (where H is the harvest rate
in pounds per 24 hours) and 130.5 gallons per 100 pounds of ice, and
continuous water-cooled self-contained ACIMs 153-0.0252H (where H is
the harvest rate in pounds per 24 hours). Id.
DOE proposes to rescind the water factor requirements in their
entirety and seeks comment on all aspects of that proposal. The
rescission would return the water use requirements to the statutory
standards in 42 U.S.C. 6313(d)(1). The Secretary has tentatively
determined that the anti-backsliding provision in 42 U.S.C. 6295(o)(1),
referenced for ACIMs through a cross-walk in 42 U.S.C. 6316(a), does
not apply here, because section (o)(1) only applies to water use ``in
the case of showerheads, faucets, water closets, or urinals.''
Additionally, the Secretary has tentatively determined that DOE
lacks authority to regulate the water use of ACIMs. Part A-1 of EPCA
defines ``energy conservation standard'' as ``(A) a performance
standard that prescribes a minimum level of energy efficiency or a
maximum quantity of energy use for a product; or (B) a design
requirement for a product.'' 42 U.S.C. 6311(18). The
[[Page 20921]]
purpose of Part A-1 refers only to improve the efficiency of electric
motors and pumps and certain other industrial equipment in order to
conserve the energy resources of the Nation. Id. at section 6312(a).
Conserving water resources is not a purpose of this part of EPCA.
Therefore, when the statute directs DOE to issue a final rule for ACIMs
to determine whether amending the applicable standards is
technologically feasible and economically justified, that direction is
only applicable to the energy conservation standards, not the water use
standards. See id. at section 6313(d)(3).
Moreover, the Secretary is proposing a new policy to reduce
regulatory burden wherever possible. Unless a regulatory standard is
required by statute, the Secretary proposes eliminating that
requirement. This new policy would support energy and water abundance,
allowing Americans to produce and consume as much energy and water as
they see fit.
DOE has tentatively determined that there is no reliance interest
in the water use standards. DOE seeks comments on any reason to rescind
or not rescind these regulations.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. For the reasons stated in the preamble, DOE
has determined that this proposed regulatory action is consistent with
these principles and the requirements of E.O. 12866.
B. Review Under Regulatory Flexibility Act
Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C.
601 et seq.), whenever a Federal agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposal eliminates amended water conservation
standards. Therefore, DOE initially concludes that the impacts of the
proposed rules would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of an
IRFA is not warranted. DOE will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed rulemaking imposes no new information or record-
keeping requirements. Accordingly, OMB clearance is not required under
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed action in accordance with the
National Environmental Policy Act of 1969, as amended, (``NEPA'') and
DOE's NEPA implementing regulations (10 CFR part 1021). DOE's
regulations include categorical exclusions for certain rulemakings. See
10 CFR part 1021, subpart D, appendices A and B. DOE is considering the
categorical exclusions potentially applicable to this proposed rule,
such as B5.1, and welcomes comment on the potential application of
categorical exclusion(s). DOE will complete its NEPA review before
issuing the final rule.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
tentatively determined that it would not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6316(a)
and (b); 42 U.S.C. 6297) Therefore, no further action is required by
E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation (1)
clearly specifies the preemptive effect, if any, (2) clearly specifies
any effect on existing Federal law or regulation, (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction, (4) specifies the retroactive effect, if any, (5)
adequately defines key terms, and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section
[[Page 20922]]
3(c) of E.O. 12988 requires Executive agencies to review regulations in
light of applicable standards in section 3(a) and section 3(b) to
determine whether they are met or it is unreasonable to meet one or
more of them. DOE has completed the required review and determined
that, to the extent permitted by law, this proposed rule meets the
relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this proposed rule according to UMRA and its statement
of policy and determined that the proposed rule does not contain a
Federal intergovernmental mandate, nor is it expected to require
expenditures of $100 million or more in any one year by State, local,
and Tribal governments, in the aggregate, or by the private sector. As
a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this proposed rule would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at: <a href="https://www.energy.gov/cio/department-energy-information-quality-guidelines">https://www.energy.gov/cio/department-energy-information-quality-guidelines</a>.
DOE has reviewed this proposed rule under the OMB and DOE guidelines
and has concluded that it is consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that: (1) is a significant regulatory action under Executive
Order 12866, or any successor order and is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use. DOE will assess the need for preparation of a Statement of
Energy Effects under E.O. 13211.
L. Review Under the Information Quality Bulletin for Peer Review
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as ``scientific information
the agency reasonably can determine will have, or does have, a clear
and substantial impact on important public policies or private sector
decisions.'' 70 FR 2664, 2667.
In response to OMB's Bulletin, DOE conducted formal peer reviews of
the energy conservation standards development process and the analyses
that are typically used and prepared a report describing that peer
review.\3\ Generation of this report involved a rigorous, formal, and
documented evaluation using objective criteria and qualified and
independent reviewers to make a judgment as to the technical/
scientific/business merit, the actual or anticipated results, and the
productivity and management effectiveness of programs and/or projects.
Because available data, models, and technological understanding have
changed since 2007, DOE has engaged with the National Academy of
Sciences to review DOE's analytical methodologies to ascertain whether
modifications are needed to improve the Department's analyses. DOE is
in the process of evaluating the resulting report.\4\
---------------------------------------------------------------------------
\3\ The 2007 ``Energy Conservation Standards Rulemaking Peer
Review Report'' is available at the following website:
<a href="http://www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0">www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0</a> (last accessed July 1,
2022).
\4\ The report is available at <a href="http://www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards">www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards</a>.
---------------------------------------------------------------------------
[[Page 20923]]
M. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this proposed rule and has tentatively determined
that it is consistent with the policies and directives outlined in E.O.
14154 ``Unleashing American Energy,'' E.O. 14192, ``Unleashing
Prosperity Through Deregulation,'' and Presidential Memorandum,
``Delivering Emergency Price Relief for American Families and Defeating
the Cost-of-Living Crisis.'' This proposed rule, if finalized as
proposed, is expected to be an E.O. 14192 deregulatory action.
III. Public Participation
A. Attendance at the Public Meeting/Webinar
The time and date of the public meeting webinar are listed in the
DATES and ADDRESSES sections at the beginning of this document. If you
plan to attend the public meeting, please notify the Appliance and
Equipment Standards staff at (202) 287-1445 or
<a href="/cdn-cgi/l/email-protection#a3e2d3d3cfcac2cdc0c6fcf0d7c2cdc7c2d1c7d0fcf3d6c1cfcac0fceec6c6d7cacdc4d0e3c6c68dc7ccc68dc4ccd5"><span class="__cf_email__" data-cfemail="febf8e8e92979f909d9ba1ad8a9f909a9f8c9a8da1ae8b9c92979da1b39b9b8a9790998dbe9b9bd09a919bd0999188">[email protected]</span></a>.
Webinar registration information, participant instructions, and
information about the capabilities available to webinar participants
will be published on DOE's website at <a href="http://www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines">www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines</a>. Participants are responsible for
ensuring their systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section at the beginning
of this document. The request and advance copy of statements must be
received at least one week before the public meeting and are to be
emailed. Please include a telephone number to enable DOE staff to make
follow-up contact, if needed.
C. Conduct of the Public Meeting Webinar
DOE will designate a DOE official to preside at the public meeting
webinar and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA. (42
U.S.C. 6306) A court reporter will be present to record the proceedings
and prepare a transcript. DOE reserves the right to schedule the order
of presentations and to establish the procedures governing the conduct
of the public meeting. There shall not be discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. anti-trust laws. After the public meeting, interested
parties may submit further comments on the proceedings, as well as on
any aspect of the proposed rulemaking, until the end of the comment
period.
The public meeting webinar will be conducted in an informal,
conference style. DOE will present a general overview of the topics
addressed in this rulemaking, allow time for prepared general
statements by participants, and encourage all interested parties to
share their views on issues affecting this proposed rulemaking. Each
participant will be allowed to make a general statement (within time
limits determined by DOE), before the discussion of specific topics.
DOE will allow, as time permits, other participants to comment briefly
on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this proposed
rulemaking. The official conducting the public meeting will accept
additional comments or questions from those attending, as time permits.
The presiding official will announce any further procedural rules or
modification of the previous procedures that may be needed for the
proper conduct of the public meeting.
A transcript of the public meeting webinar will be included in the
docket, which can be viewed as described in the Docket section at the
beginning of this document and will be accessible on the DOE website.
In addition, any person may buy a copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
notification of proposed rule no later than the date provided in the
DATES section at the beginning of this document. Interested parties may
submit comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Otherwise, persons viewing comments will see only first and
last names, organization names, correspondence containing comments, and
any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through
the website will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your
[[Page 20924]]
contact information in a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
With this instruction followed, the cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, or text (ASCII) file format. Provide documents that are not
secured, that are written in English, and that are free of any defects
or viruses. Documents should not contain special characters or any form
of encryption and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed rule. DOE is
particularly interested in receiving comments and views of interested
parties concerning whether rescinding the amended water use standards
is supported by the statute.
DOE is also interested in receiving views concerning other relevant
issues that participants believe would affect the tentative conclusions
presented in this document.
After the expiration of the period for submitting written
statements, DOE will consider all comments and additional information
that is obtained from interested parties or through further analyses,
and it may prepare a final rule rescinding amended water standards for
ACIMs.
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking; request for comments.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, Secretary of Energy. That document with the
original signature and date is maintained by DOE. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DOE Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of the Department of
Energy. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Signed in Washington, DC, on May 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE is proposing to
amend part 431 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, to read as set forth:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Amend Sec. 431.136 by revising paragraphs (b), (c), and (d) to read
as follows:
Sec. 431.136 Energy conservation standards and their effective dates.
* * * * *
(b) Each cube type automatic commercial ice maker with capacities
between 50 and 2,500 pounds per 24-hour period manufactured on or after
January 1, 2010 shall meet the following standard levels:
----------------------------------------------------------------------------------------------------------------
Maximum condenser
Equipment type Type of cooling Harvest rate (lb Maximum energy use water use \1\ (gal/
ice/24 hours) (kWh/100 lb ice) 100 lb ice)
----------------------------------------------------------------------------------------------------------------
Ice-Making Head................. Water............. <500.............. 7.8-0.0055H \2\... 200-0.022H.
Ice-Making Head................. Water............. >=500 and <1,436.. 5.58-0.0011H...... 200-0.022H.
Ice-Making Head................. Water............. >=1,436........... 4.0............... 200-0.022H.
Ice-Making Head................. Air............... <450.............. 10.26-0.0086H..... Not Applicable.
Ice-Making Head................. Air............... >=450............. 6.89-0.0011H...... Not Applicable.
Remote Condensing (but not Air............... <1,000............ 8.85-0.0038H...... Not Applicable.
remote compressor).
Remote Condensing (but not Air............... >=1,000........... 5.1............... Not Applicable.
remote compressor).
Remote Condensing and Remote Air............... <934.............. 8.85-0.0038H...... Not Applicable.
Compressor.
Remote Condensing (but not Air............... >=934............. 5.3............... Not Applicable.
remote compressor).
Self-Contained.................. Water............. <200.............. 11.40-0.019H...... 191-0.0315H.
Self-Contained.................. Water............. >=200............. 7.6............... 191-0.0315H.
Self-Contained.................. Air............... <175.............. 18.0-0.0469H...... Not Applicable.
Self-Contained.................. Air............... >=175............. 9.8............... Not Applicable.
----------------------------------------------------------------------------------------------------------------
\1\ Water use is for the condenser only and does not include potable water used to make ice.
\2\ H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate.
(c) Each batch type automatic commercial ice maker with capacities
between 50 and 4,000 pounds per 24-hour period manufactured on or after
January 28, 2018, shall meet the following standard levels:
[[Page 20925]]
----------------------------------------------------------------------------------------------------------------
Maximum energy use
Equipment type Type of cooling Harvest rate (lb ice/24 kilowatt-hours (kWh)/
hours) 100 lb ice \1\
----------------------------------------------------------------------------------------------------------------
Ice-Making Head...................... Water.................. <300................... 6.88-0.0055H.
Ice-Making Head...................... Water.................. >=300 and <850......... 5.80-0.00191H.
Ice-Making Head...................... Water.................. >=850 and <1,500....... 4.42-0.00028H.
Ice-Making Head...................... Water.................. >=1,500 and <2,500..... 4.0.
Ice-Making Head...................... Water.................. >=2,500 and <4,000..... 4.0.
Ice-Making Head...................... Air.................... <300................... 10-0.01233H.
Ice-Making Head...................... Air.................... >=300 and <800......... 7.05-0.0025H.
Ice-Making Head...................... Air.................... >=800 and <1,500....... 5.55-0.00063H.
Ice-Making Head...................... Air.................... >=1,500 and <4,000..... 4.61.
Remote Condensing (but not remote Air.................... <988................... 7.97-0.00342H.
compressor).
Remote Condensing (but not remote Air.................... >=988 and <4,000....... 4.59.
compressor).
Remote Condensing and Remote Air.................... <930................... 7.97-0.00342H.
Compressor.
Remote Condensing and Remote Air.................... >=930 and <4,000....... 4.79.
Compressor.
Self-Contained....................... Water.................. <200................... 9.5-0.019H.
Self-Contained....................... Water.................. >=200 and <2,500....... 5.7
Self-Contained....................... Water.................. >=2,500 and <4,000..... 5.7.
Self-Contained....................... Air.................... <110................... 14.79-0.0469H.
Self-Contained....................... Air.................... >=110 and <200......... 12.42-0.02533H.
Self-Contained....................... Air.................... >=200 and <4,000....... 7.35.
----------------------------------------------------------------------------------------------------------------
\1\ H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate.
Source: 42 U.S.C. 6313(d).
(d) Each continuous type automatic commercial ice maker with
capacities between 50 and 4,000 pounds per 24-hour period manufactured
on or after January 28, 2018, shall meet the following standard levels:
----------------------------------------------------------------------------------------------------------------
Harvest rate (lb ice/24 Maximum energy use (kWh/
Equipment type Type of cooling hours) 100 lb ice) \1\
----------------------------------------------------------------------------------------------------------------
Ice-Making Head...................... Water.................. <801................... 6.48-0.00267H.
Ice-Making Head...................... Water.................. >=801 and <2,500....... 4.34.
Ice-Making Head...................... Water.................. >=2,500 and <4,000..... 4.34.
Ice-Making Head...................... Air.................... <310................... 9.19-0.00629H.
Ice-Making Head...................... Air.................... >=310 and <820......... 8.23-0.0032H.
Ice-Making Head...................... Air.................... >=820 and <4,000....... 5.61.
Remote Condensing (but not remote Air.................... <800................... 9.7-0.0058H.
compressor).
Remote Condensing (but not remote Air.................... >=800 and <4,000....... 5.06.
compressor).
Remote Condensing and Remote Air.................... <800................... 9.9-0.0058H.
Compressor. >=800 and <4,000....... 5.26.
Self-Contained....................... Water.................. <900................... 7.6-0.00302H.
Self-Contained....................... Water.................. >=900 and <2,500....... 4.88.
Self-Contained....................... Water.................. >=2,500 and <4,000..... 4.88.
Self-Contained....................... Air.................... <200................... 14.22-0.03H.
Self-Contained....................... Air.................... >=200 and <700......... 9.47-0.00624H.
Self-Contained....................... Air.................... >=700 and <4,000....... 5.1.
----------------------------------------------------------------------------------------------------------------
\1\ H = harvest rate in pounds per 24 hours, indicating the water or energy use for a given harvest rate.
Source: 42 U.S.C. 6313(d).
[FR Doc. 2025-08576 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.