Vol. 78 Monday, 

No. 208 October 28, 2013 

Part II 

Department of Energy 

10 CFR Parts 429 and 431 

Energy Conservation Program: Test Procedure for Commercial 

Refrigeration Equipment; Proposed Rule 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64296 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket No. EERE–2013–BT–TP–0025] 

RIN 1904–AC99 

Energy Conservation Program: Test 

Procedure for Commercial 

Refrigeration Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

(NOPR). 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to revise and 

reorganize its test procedure for 

commercial refrigeration equipment 

(CRE) in order to clarify certain terms, 

procedures, and compliance dates. 

Specifically, in this notice of proposed 

rulemaking, DOE addresses several 

inquiries it has received from interested 

parties regarding the applicability of 

DOE’s test procedure and current 

Federal energy conservation standards, 

the definition of certain terms pertinent 

to commercial refrigeration equipment, 

the proper configuration and use of 

certain components and features of 

commercial refrigeration equipment 

when testing according to the DOE test 

procedure, the proper application of 

certain test procedure provisions, and 

the compliance date of certain 

provisions specified in the DOE test 

procedure final rule published on 

February 21, 2012 (hereafter referred to 

as 2012 test procedure final rule). DOE 

also proposes a number of test 

procedure clarifications which have 

arisen as a result of the negotiated 

rulemaking process for certification of 

commercial heating, ventilation, air 

conditioning, refrigeration, and water 

heating equipment. These provisions are 

addressed below in more detail. DOE 

will hold a public meeting to receive 

and discuss comments on this NOPR. 

DATES: DOE will hold a public meeting 

on Thursday, December 5, 2013, from 9 

a.m. to 1 p.m., in Washington, DC. The 

meeting will also be broadcast as a 

webinar. See section V, ‘‘Public 

Participation,’’ for webinar registration 

information, participant instructions, 

and information about the capabilities 

available to webinar participants. 

DOE will accept comments, data, and 

information regarding this notice of 

proposed rulemaking (NOPR) before and 

after the public meeting, but no later 

than January 13, 2014. See section V, 

‘‘Public Participation,’’ for details. 

DOE expects that any final rule in this 

proceeding would be effective 30 days 

after the date of publication of that final 

rule. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 1E–245, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Persons can attend the 

public meeting via webinar. For more 

information, refer to Section V, ‘‘Public 

Participation,’’ near the end of this 

notice of proposed rulemaking. 

Comments may be submitted using 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: CRE2013TP0025@

ee.doe.gov. Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD. It is not 

necessary to include printed copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document (‘‘Public 

Participation’’). 

Docket: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/

#!docketDetail;D=EERE-2013-BT-TP0025. This Web page will contain a link 

to the docket for this notice of proposed 

rulemaking on the regulations.gov site. 

The regulations.gov Web page will 

contain simple instructions on how to 

access all documents, including Federal 

Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. See section V, 

‘‘Public Participation,’’ for information 

on how to submit comments through 

regulations.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Charles Llenza, 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) 586–2192. Email: 

commercial_refrigeration_equipment@

ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–8145. Email: 

Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Summary of the Proposed Rule 

III. Discussion 

A. Scope of Coverage 

1. Salad Bars, Buffet Tables, and Other 

Refrigerated Holding and Serving 

Equipment 

2. Chef Bases and Griddle Stands 

3. Existing Cases Undergoing 

Refurbishments or Retrofits 

4. Case Doors Shipped as After-Market 

Additions 

B. Definitions Pertinent to Commercial 

Refrigeration Equipment 

1. Commercial Refrigeration Equipment 

with Drawers 

2. Transparent and Solid Doors 

a. Definition of Transparent 

b. Definition of Equipment with 

Transparent Doors versus Solid Doors 

3. Hybrid Equipment and Commercial 

Refrigerator-Freezers 

C. Relationship Among Rating 

Temperature, Operating Temperature, 

and Integrated Average Temperature 

D. Proper Configuration and Use of 

Components or Features in the DOE Test 

Procedure 

1. Energy Management Systems 

2. Lighting 

3. Test Package Temperatures 

E. Treatment of Other Specific Equipment 

Features and Accessories During Testing 

1. Customer Display Signs/Lights 

2. Condensate Pan Heaters and Pumps 

3. Anti-Sweat Door Heaters 

4. Ultraviolet Lights 

5. Illuminated Temperature Displays and 

Alarms 

6. Condenser Filters 

7. Refrigeration System Security Covers 

8. Night Curtains and Covers 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64297 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

2The term ‘‘covered product’’ broadly refers to all 

types of appliances and equipment regulated by the 

Department regardless of whether they are 

consumer products or commercial and industrial 

equipment. 

9. Grill Options 

10. Coated Coils 

11. Internal Secondary Coolant Circuits 

12. Wedge Cases 

13. Misting or Humidification Systems 

14. Air Purifiers 

15. General Purpose Outlets 

16. Crankcase Heaters 

17. Interior/Exterior Liners 

F. Rounding of Test Results and Certified 

Ratings 

G. Testing at the Lowest Application 

Product Temperature 

H. Clarifications in Response to 

Interpretations to AHRI Standard 1200– 

2010 

I. Clarification of Methodology for 

Measuring Total Display Area 

J. Compliance Date of Test Procedure 

Amendments 

IV. Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

D. Review Under the National 

Environmental Policy Act 

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 Section 32 of the Federal 

Energy Administration Act of 1974 

V. Public Participation 

A. Attendance at Public Meeting 

B. Procedure for Submitting Prepared 

General Statements For Distribution 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

A. Authority 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6311– 

6317, as codified), added by Public Law 

95–619, Title IV, Sec. 441(a), established 

the Energy Conservation Program for 

Certain Industrial Equipment, a program 

covering certain industrial equipment, 

which includes the commercial 

refrigeration equipment that is the focus 

of this notice of proposed rulemaking.1

All references to EPCA refer to the 

statute as amended through the 

American Energy Manufacturing 

Technical Corrections Act (AEMTCA), 

Public Law 112–210 (Dec. 18, 2012). 

Under EPCA, the energy conservation 

program consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. The 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 under EPCA, (42 

U.S.C. 6316(e)(1)), and (2) making 

representations about the efficiency of 

that equipment. (42 U.S.C. 6314(d)) 

Similarly, DOE must use these test 

procedures to determine whether the 

equipment complies with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6316(e)(1)) 

General Test Procedure Rulemaking 

Process 

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 provides, in relevant part, that 

any test procedures prescribed or 

amended under this section shall be 

reasonably designed to produce test 

results which measure energy 

efficiency, energy use or estimated 

annual operating cost of a covered 

product during a representative average 

use cycle or period of use and shall not 

be unduly burdensome to conduct. (42 

U.S.C. 6314(a)(2)) 

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

comments on them. (42 U.S.C. 

6314(b)(2)) Finally, in any rulemaking to 

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product or equipment 2 as 

determined under the existing test 

procedure. If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6314(a)(6)(D)) 

Under 42 U.S.C. 6314(c)(1), no later 

than 3 years after the date of prescribing 

a test procedure pursuant to 42 U.S.C. 

6314, and from time to time thereafter, 

DOE is required to conduct a 

reevaluation and determine whether to 

amend the test procedure. If DOE 

determines a test procedure should be 

amended, it shall promptly publish in 

the Federal Register proposed test 

procedures, incorporating such 

amendments and affording interested 

persons an opportunity to present oral 

and written data, views and arguments. 

(42 U.S.C. 6314(c)(2)) 

On February 21, 2012, DOE published 

a final rule (2012 test procedure final 

rule) prescribing new amendments to 

the test procedure for commercial 

refrigeration equipment. 77 FR 10292, 

10318–21. Pursuant to EPCA’s 

requirement in 42 U.S.C. 6314(c), DOE 

has conducted a reevaluation of the CRE 

test procedure and concluded that it 

should be amended to clarify a number 

of provisions regarding how aspects of 

the test are conducted and to provide 

more explicit definitions of some terms. 

DOE’s proposed amendments to the test 

procedure are presented in this NOPR. 

B. Background 

EPCA mandates that the American 

Society of Heating, Refrigerating, and 

Air-Conditioning Engineers (ASHRAE) 

Standard 117–2002, ‘‘Method of Testing 

Closed Refrigerators,’’ shall be the initial 

test procedure for the types of 

equipment to which standards are 

applicable under 42 U.S.C. 6313(c)(2)– 

(3). (U.S.C. 6314(a)(6)(A)(ii)) EPCA 

requires DOE to address whether to 

amend its test procedures if ASHRAE 

amends this standard. (42 U.S.C. 

6314(a)(6)(E)–(F)) 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 (ASHRAE 72–2005), ‘‘Method of 

Testing Commercial Refrigerators and 

Freezers,’’ which was approved by the 

American National Standards Institute 

(ANSI) on July 29, 2005. Consistent with 

EPCA’s requirement in 42 U.S.C. 

6314(a)(6)(E), DOE reviewed ASHRAE 

72–2005, as well as American 

Refrigeration Institute (ARI) Standard 

1200–2006, which was approved by 

ANSI on August 28, 2006. DOE 

determined that ARI Standard 1200– 

2006 included by reference the test 

procedures in ASHRAE 72–2005 and 

the rating temperatures prescribed in 

EPCA. (42 U.S.C. 6314(a)(6)(B)) As a 

result, DOE published a final rule in 

December 2006 (2006 test procedure 

final rule) that adopted ARI Standard 

1200–2006 as the DOE test procedure 

for commercial refrigeration equipment. 

71 FR 71340, 71357 (Dec. 8, 2006). The 

2006 test procedure final rule specified 

rating temperatures of 38 °F (±2 °F) for 

commercial refrigerators and refrigerator 

compartments, 0 °F (±2 °F) for 

commercial freezers and freezer 

compartments, and ¥15 °F (±2 °F) for 

commercial ice-cream freezers. 71 FR at 

71370 (Dec. 8, 2006). DOE also adopted 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64298 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

3Night curtains are devices made of an insulating 

material, typically insulated aluminum fabric, 

designed to be pulled down over the open front of 

the case to decrease infiltration and heat transfer 

into the case when the merchandizing 

establishment is closed. 

4Founded in 1944 as the National Sanitation 

Foundation, the organization is now referred to 

simply as NSF. 

5All of the details of the negotiation sessions can 

be found in the public meeting transcripts that are 

posted to the docket for the Working Group 

(http://www.regulations.gov/

#!docketDetail;D=EERE-2013-BT-NOC-0023). 

Association of Home Appliance 

Manufacturers (AHAM) Standard HRF– 

1–2004, ‘‘Energy, Performance and 

Capacity of Household Refrigerators, 

Refrigerator-Freezers and Freezers,’’ for 

measuring compartment volumes for 

equipment covered under the 2006 test 

procedure final rule. 71 FR at 71370 

(Dec. 8, 2006). The test procedure 

established in the 2006 final rule 

became effective on January 8, 2007 (71 

FR at 71340), and its use has been 

required to demonstrate compliance 

with the current energy conservation 

standards. 

More recently, on February 21, 2012, 

DOE published the aforementioned 

2012 test procedure final rule, in which 

it adopts several amendments to the 

DOE test procedure for commercial 

refrigeration equipment. These 

amendments include updating the 

standard incorporated by reference in 

the DOE test procedure in response to 

the relevant industry organizations 

issuing updated versions. Specifically, 

DOE updated the incorporation by 

reference of Air-Conditioning, Heating, 

and Refrigeration Institute (AHRI) 1200– 

2010 as the DOE test procedure for this 

equipment. 77 FR at 10318–9 (Feb. 21, 

2012). The 2012 test procedure final 

rule also includes an amendment to 

incorporate by reference the updated 

ANSI/AHAM Standard HRF–1–2008 

(AHAM HRF–1–2008), ‘‘Energy, 

Performance, and Capacity of 

Household Refrigerators, RefrigeratorFreezers, and Freezers,’’ for determining 

compartment volumes for this 

equipment. 77 FR at 10318 and 10321 

(Feb. 21, 2012). These updates were 

primarily editorial in nature and aligned 

the AHRI test procedure with the 

nomenclature and methodology used in 

DOE’s 2009 standards rulemaking on 

commercial refrigeration equipment. 

The newly updated AHRI Standard 

1200–2010 also references the most 

recent version of the AHAM standard, 

AHAM HRF–1–2008. 

In addition, the 2012 test procedure 

final rule includes several amendments 

designed to address certain energy 

efficiency features that were not 

accounted for by the previous DOE test 

procedure, including provisions for 

measuring the impact of night curtains,3

lighting occupancy sensors, and 

scheduled controls. 77 FR at 10296– 

10298 and 10319–10320 (Feb. 21, 2012). 

In the 2012 test procedure final rule, 

DOE also adopts amendments to allow 

testing of commercial refrigeration 

equipment that cannot operate at the 

rating temperature specified in the DOE 

test procedure. Specifically, the 2012 

test procedure final rule allows testing 

of commercial refrigeration equipment 

at its lowest application product 

temperature (LAPT), for equipment that 

is physically incapable of reaching the 

prescribed rating temperature. 77 FR at 

10320 (Feb. 21, 2012). The 2012 test 

procedure final rule also allows 

manufacturers to test and certify 

equipment at the more-stringent rating 

temperatures and ambient conditions 

required by NSF 4 for food safety testing. 

77 FR at 10321 (Feb. 21, 2012). 

The test procedure amendments 

established in the 2012 test procedure 

final rule became effective on March 22, 

2012. 77 FR at 10292 (Feb. 21, 2012). 

The amendments are required to be 

used in conjunction with any amended 

standards promulgated as a result of 

DOE’s ongoing energy conservation 

standards rulemaking (Docket No. 

EERE–2010–BT–STD–0003). 

II. Summary of the Proposed Rule 

Since publication of the 2012 test 

procedure final rule, DOE has received 

a number of inquiries from interested 

parties regarding DOE regulations for 

commercial refrigeration equipment, 

including how different types of 

equipment fit into DOE’s definitions of 

commercial refrigeration equipment at 

10 CFR 431.62, and questions involving 

certain provisions of the DOE test 

procedure at 10 CFR 431.64. 

More specifically, DOE has received 

inquiries and questions regarding the 

applicability of DOE’s test procedure 

and Federal energy conservation 

standards to particular models of 

commercial refrigeration equipment, the 

proper configuration and use of certain 

components and features of commercial 

refrigeration equipment for purposes of 

testing according to the DOE test 

procedure, and the compliance date of 

the amendments specified in the 2012 

test procedure final rule. In this NOPR, 

DOE addresses the questions presented 

by interested parties and, where 

appropriate, proposes edits to the 

regulatory language to add clarity to 

DOE’s existing regulations. 

On February 26, 2013, members of the 

Appliance Standards and Rulemaking 

Federal Advisory Committee (ASRAC) 

unanimously decided to form a working 

group to negotiate rulemaking on 

certification for commercial heating, 

ventilation, and air-conditioning; 

commercial water heating; and 

commercial refrigeration equipment. A 

notice of intent to form the Commercial 

Certification Working Group was 

published in the Federal Register on 

March 12, 2013 (EERE–2013–BT–NOC– 

0023), to which DOE received 35 

nominations. 78 FR 15653. On April 16, 

2013 the Department published a notice 

of open meeting that announced the first 

meeting and listed the 22 nominations 

that were selected to serve as members 

of the Working Group, in addition to 

two members from ASRAC, and one 

DOE representative. 78 FR 22431. The 

members of the Working Group were 

selected to ensure a broad and balanced 

array of stakeholder interests and 

expertise, and include efficiency 

advocates, manufacturers, a utility 

representative, and third party 

laboratory representatives. As part of 

that rulemaking process, DOE 

conducted a number of regulatory 

negotiation sessions over the course of 

the summer of 2013 involving major 

stakeholders in the commercial 

refrigeration equipment market.5 One 

outcome of these meetings was an 

agreement on the need for clarification 

of aspects of the DOE test procedure 

with respect to the treatment of specific 

features of commercial refrigeration 

equipment. This NOPR contains 

proposed clarifications of the treatment 

of those features by the DOE test 

procedure. 

EPCA prescribes that if any final rule 

amends a test procedure, DOE must 

determine ‘‘to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency . . . of any 

covered product as determined under 

the existing test procedure.’’ (42 U.S.C. 

6314(a)(6)) Further, if DOE determines 

that the amended test procedure would 

alter the measured efficiency of a 

covered product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6314(a)(6)) In 

this NOPR, DOE is proposing edits and 

additional definitions which are 

applicable to the DOE test procedure 

that must currently be used to 

demonstrate compliance with existing 

standards (reorganized into appendix A 

to subpart C of 10 CFR part 431), as well 

as the test procedure established in the 

2012 test procedure final rule that are to 

be used with any future energy 

conservation standards for commercial 

refrigeration equipment (reorganized 

into appendix B to subpart C of 10 CFR 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64299 

part 431). DOE does not believe that the 

test procedure clarifications proposed in 

this notice of proposed rulemaking 

would affect the measured energy use of 

any covered commercial refrigeration 

equipment under the current DOE test 

procedure. The additional definitions 

and amendments to the DOE test 

procedure for commercial refrigeration 

equipment would serve only to clarify 

existing nomenclature, testing 

provisions, and requirements for certain 

features and types of commercial 

refrigeration equipment; they would not 

establish new requirements with regard 

to testing commercial refrigeration 

equipment. 

DOE notes that certification for 

commercial refrigeration equipment is 

currently not required until December 

31, 2013, and DOE is negotiating the 

certification requirements, including the 

compliance date, with others in the 

Working Group for these products 

(Docket No. EERE–2013–BT–NOC– 

0023). 

On or after the compliance date for 

any amended energy conservation 

standards adopted as a result of the 

ongoing energy conservation standards 

rulemaking for commercial refrigeration 

equipment (Docket No. EERE–2010–BT– 

STD–0003), all commercial refrigeration 

equipment shall be tested in accordance 

with appendix B to subpart C of part 

431. 

III. Discussion 

In the 2012 test procedure final rule, 

DOE amends the test procedure for 

commercial refrigeration equipment at 

10 CFR 431.64. 77 FR 10292, 10318– 

10321 (Feb. 21, 2012). Since publication 

of the 2012 test procedure final rule, 

DOE has received inquiries from 

interested parties regarding DOE’s test 

procedures, definitions, and the 

applicability of the existing test 

procedure and standards to different 

types of commercial refrigeration 

equipment. In addition, during its 

testing of numerous basic models of 

commercial refrigeration equipment, 

DOE has encountered several test 

procedure provisions that require 

clarification. Lastly, as a result of the 

negotiated rulemaking currently being 

conducted by DOE to develop amended 

certification requirements for 

commercial refrigeration equipment, 

DOE is also proposing 17 clarifications 

regarding how different accessories are 

treated under the existing test 

procedure. 

In considering inquiries from 

interested parties, DOE noted several 

opportunities for clarification of the test 

procedure, involving: 

1. the applicability of the test 

procedure and related energy 

conservation standards to certain types 

of equipment; 

2. the definitions of hybrid 

commercial refrigeration equipment, 

commercial refrigeration equipment 

with drawers, and commercial 

refrigeration equipment with solid and/ 

or transparent doors; 

3. the relationship among the rating 

temperature, operating temperature, and 

integrated average temperature; 

4. the proper configuration and use of 

energy management systems, lighting 

controls, and test packages in the DOE 

test procedure for commercial 

refrigeration equipment; 

5. the treatment of various features 

and components; 

6. the rounding requirements for test 

results and certified ratings; 

7. the provision adopted in the 2012 

test procedure final rule to allow testing 

at the lowest application product 

temperature for equipment that cannot 

operate at the prescribed rating 

temperature for its equipment class; 

8. clarifications raised by 

Interpretations 1, 2, 3, 4, and 5 of AHRI 

Standard 1200–2010; 

9. the methodology used to determine 

total display area; and 

10. the compliance date of certain 

amendments established in the 2012 test 

procedure final rule. 

A. Scope of Coverage 

On October 18, 2005, DOE published 

a final rule adopting EPCA’s definition 

of commercial refrigeration equipment. 

This definition includes seven 

provisions stating the requirements that 

must be met for a piece of equipment to 

qualify as commercial refrigeration 

equipment. These include provisions 

pertaining to the operational, functional, 

and design characteristics of the 

equipment. 70 FR 60407, 60414 

This definition forms the basis of the 

scope of coverage of DOE’s regulations 

for commercial refrigeration equipment. 

While the definition of commercial 

refrigeration equipment encompasses a 

broad cross-section of commercial 

refrigeration equipment types, DOE has 

only established energy conservation 

standards for certain types of covered 

commercial refrigeration equipment 

specified at 10 CFR 431.66, and these 

standards apply to all new equipment 

distributed into U.S. commerce. 76 FR 

12422, 12426 and 12437 (Mar. 7, 2011). 

There are also several types of 

equipment that meet the definition of 

commercial refrigeration equipment for 

which DOE has not yet set energy 

conservation standards. These include, 

for example, buffet tables, salad bars, 

prep tables, and griddle stands. 

EPCA and DOE regulations require 

manufacturers of commercial 

refrigeration equipment to use the DOE 

test procedure for commercial 

refrigeration equipment to evaluate 

compliance with any applicable energy 

conservation standards and to support 

any representations as to the energy use. 

The DOE test procedure for commercial 

refrigeration equipment is set forth at 10 

CFR 431.64. The test procedure applies 

to all commercial refrigeration 

equipment for which DOE has 

established energy conservation 

standards, including commercial 

refrigerators, freezers, and refrigeratorfreezers, with and without doors, with 

remote or self-contained condensing 

units, with horizontal, vertical, or semivertical configurations, and designed for 

holding temperature or pull-down 

application. 

Since publication of the 2012 test 

procedure final rule, DOE has received 

several inquiries from interested parties 

regarding the applicability of the current 

DOE energy conservation standards and 

test procedure. In the following 

sections, DOE provides details and 

specific examples to respond to those 

inquiries. 

1. Salad Bars, Buffet Tables, and Other 

Refrigerated Holding and Serving 

Equipment 

DOE has received several inquiries 

from interested parties regarding the 

application of the current DOE test 

procedure and standards to salad bars, 

buffet tables, and other refrigerated 

holding and serving equipment. Salad 

bars, buffet tables, and other refrigerated 

holding and serving equipment are 

types of commercial refrigeration 

equipment that store and display 

perishable items temporarily during 

food preparation or service. These units 

typically have specific design attributes, 

such as easily accessible or open bins 

that allow convenient and unimpeded 

access to the refrigerated products. As 

such, this equipment may operate 

differently from commercial 

refrigeration equipment designed for 

storage or retailing. While salad bars, 

buffet tables and other refrigerated 

holding and serving equipment are 

covered equipment types because they 

meet the definition of commercial 

refrigeration equipment in EPCA, the 

DOE test procedure and current Federal 

standards do not apply due to their 

unique operation. Should DOE decide to 

explicitly consider test procedures or 

energy conservation standards for salad 

bars, buffet tables, and other refrigerated 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64300 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

holding and serving equipment, it 

would do so in a future rulemaking. 

2. Chef Bases and Griddle Stands 

DOE also received inquiries about 

chef bases and griddle stands, unique 

equipment types used in commercial 

kitchens to store food prior to cooking. 

Specifically, interested parties inquired 

as to whether this equipment was 

covered by the DOE test procedure and 

if there were applicable standards. Chef 

bases and griddle stands are designed to 

be placed directly under cooking 

equipment, such as a commercial grill. 

Chef bases and griddle stands are also 

designed to provide food-safe 

temperatures in extremely hot 

environments, and thus are designed 

with uniquely robust refrigeration 

systems. These higher-capacity 

refrigeration systems require larger 

compressors than equipment with 

compressors that are appropriately sized 

for more typical ambient temperatures. 

As a result, this equipment consumes 

more energy than similarly sized, 

standard CRE models. 

Based on the current definition of 

commercial refrigeration equipment, 

chef bases and griddle stands are 

commercial refrigeration equipment. 

Further, DOE believes that chef bases 

and griddle stands can be tested using 

the DOE test procedure for commercial 

refrigeration equipment. While 

manufacturers are not required to make 

representations of the energy use or 

energy efficiency of chef bases or 

griddle stands, a manufacturer must use 

the DOE test procedure to make such 

representations. However, DOE has not 

considered the energy usage of these 

types of equipment in its previous 

rulemakings to set standards for 

commercial refrigeration equipment, 

thus, the current DOE energy 

conservation standards do not apply to 

chef bases or griddle stands. 

Additionally, DOE is not considering 

standards for this equipment at this 

time, as discussed in section III.A 

(Docket No. EERE–2010–BT–STD– 

0003). DOE is proposing additions to 

§ 431.66 to make clear that the current 

energy conservation standards for CRE 

do not apply to chef bases and griddle 

stands. 

To clearly differentiate ‘‘chef bases’’ 

and ‘‘griddle stands’’ for conventional 

types of commercial refrigeration 

equipment that are currently covered by 

energy conservation standards, DOE 

proposes to establish a definition for 

‘‘chef base’’ and/or ‘‘griddle stand.’’ 

DOE proposes to define ‘‘chef base or 

griddle stand’’ as follows: 

Chef base or griddle stand means 

commercial refrigeration equipment that 

is designed and marketed for the 

express purpose of having a griddle or 

other cooking equipment placed on top 

of it that is capable of reaching 

temperatures hot enough to cook food. 

DOE believes this definition captures 

the unique operation of chef bases and 

griddle stands, which are designed to 

provide food-safe temperatures in 

extremely warm environments in excess 

of 200 °F, and thus are designed with 

uniquely robust refrigeration systems. 

DOE also notes that these additional 

design features are specifically marketed 

by manufacturers and sought after in the 

market, and add considerable cost to 

this type of commercial refrigeration 

equipment. Thus a manufacturer could 

not produce another type of similar 

commercial refrigeration equipment and 

market it as a chef base or griddle stand 

because that model would not meet the 

performance requirements a consumer 

would expect. 

DOE requests comment on the 

proposed definition for chef base or 

griddle stand. 

3. Existing Cases Undergoing 

Refurbishments or Retrofits 

DOE received a stakeholder inquiry as 

to whether DOE’s test procedures and 

energy conservation standards apply to 

existing equipment undergoing retrofits 

and refurbishments. Energy 

conservation standards apply only to 

new equipment manufactured after the 

effective date of the applicable standard, 

and not to equipment undergoing 

retrofits or refurbishments. As DOE 

stated in its certification, compliance 

and enforcement (CCE) final rule, 

published on March 7, 2011, 

manufacturers and private labelers must 

certify to DOE that each basic model of 

covered equipment meets the applicable 

standard before distributing that 

equipment into U.S. commerce. DOE 

clarified that its authority covers only 

newly-manufactured equipment and 

does not extend to rebuilt and 

refurbished equipment. 76 FR at 12426 

and 12437 (Mar. 7, 2011). 

4. Case Doors Shipped as After-Market 

Additions 

DOE has received inquiries regarding 

the appropriate equipment class and test 

procedure for open commercial 

refrigerated display cases that may be 

shipped without doors installed on the 

unit, but with doors accompanying the 

unit (perhaps in a separate package) that 

are intended to be installed in the field. 

Stakeholders sought guidance on 

whether equipment that is produced 

and shipped in this manner would be 

subject to the standards applicable to an 

open case or, rather, subject to the 

standards applicable to a closed case. 

A basic model of commercial 

refrigeration equipment is tested, rated, 

and subject to specific standards based 

on the equipment class(es) to which that 

basic model belongs. For commercial 

refrigeration equipment, one of the 

features that distinguishes the current 

equipment classes is the presence of 

doors (i.e., open or closed). In applying 

the standards required for the 

equipment categories in 10 CFR 431.66, 

DOE proposes that when a model of 

commercial refrigeration equipment is 

offered for sale with doors as an 

optional accessory, regardless of how 

the unit is shipped, such unit must be 

treated as equivalent to a basic model 

shipped with doors pre-installed. The 

model should be certified based on the 

results of testing in this configuration, 

which includes the doors. DOE seeks 

comment on whether, if this same 

model is offered for sale as a model 

without doors, it should be tested and 

rated with no doors installed and meet 

the corresponding energy conservation 

standards for open case equipment. 

B. Definitions Pertinent to Commercial 

Refrigeration Equipment 

DOE currently categorizes commercial 

refrigeration equipment by equipment 

classes based on the following general 

characteristics of a given basic model: 

1. geometry of the case (i.e., vertical, 

horizontal, or semi-vertical); 

2. presence of doors (closed 

equipment) or no doors (open 

equipment); 

3. door type, if applicable (transparent 

or solid); 

4. condensing unit configuration (selfcontained or remote condensing); 

5. holding temperature application or 

pull-down temperature application; and 

6. operating temperature (refrigerator, 

freezer, or ice-cream freezer). 

10 CFR 431.62 provides definitions 

that assist manufacturers in determining 

which equipment class and associated 

energy conservation standard applies to 

a given basic model of commercial 

refrigeration equipment. However, 10 

CFR 431.62 does not provide explicit 

guidance on how to classify commercial 

refrigeration equipment with drawers or 

how to differentiate between a unit with 

transparent doors and a unit with solid 

doors. Section III.B.1 through III.C 

provides additional clarification in this 

regard. 

1. Commercial Refrigeration Equipment 

With Drawers 

DOE has received several inquiries 

from interested parties regarding the 

coverage of CRE basic models with 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64301 

drawers. Specifically, interested parties 

have inquired whether CRE models with 

drawers are covered under the existing 

energy conservation standards for 

commercial refrigeration equipment 

and, if so, (1) to which equipment 

families they belong; and (2) what test 

procedure applies to these models. 

DOE’s definition of commercial 

refrigerator, freezer, and refrigeratorfreezer specified at 10 CFR 431.62 

includes a requirement that the 

equipment ‘‘[h]as transparent or solid 

doors, sliding or hinged doors, a 

combination of hinged, sliding, 

transparent, or solid doors, or no 

doors.’’ Based on this definition, DOE 

interprets the term ‘‘door’’ to mean any 

movable component of the CRE unit 

that: 

1. when closed, separates the interior 

refrigerated space from the ambient air; 

and 

2. when opened, provides access to 

the refrigerated products inside the CRE 

unit. 

Thus, DOE considers drawers to be 

doors for purposes of DOE’s regulatory 

program, including compliance with 

DOE’s energy conservation standards. 

As such, drawers are treated as doors 

when conducting the DOE test 

procedure. 

To illustrate the comparable operation 

of models of commercial refrigeration 

equipment with drawers as compared to 

similar models with traditional doors, 

DOE tested several CRE units with 

drawers from multiple manufacturers 

using the current DOE test procedure 

and compared their performance to 

nearly identical units with hinged doors 

(belonging to the vertical closed solid, 

or VCS, equipment family) from the 

same manufacturer product lines. 

During the testing, DOE also studied the 

effect of drawer-opening distances by 

testing CRE units with drawers at three 

different drawer-opening distances: 33 

percent, 66 percent, and 100 percent 

(i.e., the drawers were opened to the 

maximum extent possible during the 

test but not removed from the tested 

unit entirely). 

In summary, DOE found that he 

drawered units performed similarly to 

the hinged-door units to which they 

were compared. Test results also 

indicate minimal variation in measured 

total daily energy consumption (TDEC) 

when the drawer opening distance is 

altered and DOE considers this variation 

insignificant given input tolerances and 

other factors in the test. Based upon the 

data, most of the variation in energy 

consumption apparently is caused by 

the opening of the drawer, and is not 

significantly affected by the amount the 

drawer is opened. 

Thus, DOE confirms that the dooropening requirements in the DOE test 

procedure apply to basic models of 

commercial refrigeration equipment 

with drawers, just as they do for CRE 

units with other types of hinged or 

sliding doors. That is, as required by the 

DOE test procedure at 10 CFR 431.64 for 

basic models with doors, referencing 

ASHRAE 72–2005 as incorporated, 

‘‘Each door shall be in the fully open 

position for six seconds, six times per 

hour for eight consecutive hours. Each 

door shall be opened sequentially, one 

at a time.’’ DOE reaffirms that current 

energy conservation standards 

prescribed for commercial refrigeration 

equipment are applicable to CRE units 

with drawers. Likewise, any updated 

standards proposed for commercial 

refrigeration equipment with doors as 

part of the ongoing standards 

rulemaking are applicable to equipment 

with drawers. 

To clarify how DOE’s regulatory 

scheme applies to basic models of CRE 

units with drawers, DOE proposes to 

add language to the definition section at 

10 CFR 431.62, defining doors as being 

inclusive of drawers, as follows: 

Door means a movable panel that; 

(1) separates the interior volume of a 

unit of commercial refrigeration 

equipment from the ambient 

environment, 

(2) is designed to facilitate access to 

the refrigerated space for the purpose of 

loading and unloading product, and 

(3) is affixed such that it is not 

removable without the use of tools. 

This includes hinged doors, sliding 

doors, and drawers. 

DOE notes that this proposed 

definition only clarifies that CRE units 

with drawers are currently covered 

under DOE’s existing standards and test 

procedures for the vertical, semivertical, or horizontal closed equipment 

categories. 

DOE requests comment on its 

proposed definition of ‘‘door,’’ and, in 

particular, its specification that the term 

is inclusive of drawers. 

2. Transparent and Solid Doors 

In reviewing the CRE test procedures 

for commercial refrigeration equipment, 

DOE identified certain opportunities for 

clarification within the definitions and 

classifications of commercial 

refrigeration equipment with solid doors 

versus those with transparent doors. 

Specifically, DOE identified the 

following issues in its regulations: 

1. The word ‘transparent’ is not 

defined, 

2. When a door is part transparent and 

part solid, there is no clear guidance 

that allows for the door’s classification 

as either a transparent or solid door, and 

3. When a commercial refrigerator, 

freezer or refrigerator-freezer has more 

than one door such that one or more 

doors are solid and the remainder of the 

doors are transparent, there is no clear 

guidance for the determination of the 

maximum daily energy consumption of 

that particular model of commercial 

refrigerator, freezer or refrigeratorfreezer. 

As a result of inquiries from 

stakeholders regarding the 

characterization of certain types of 

commercial refrigeration equipment, 

DOE proposes to establish several new 

definitions and to clarify the test 

procedure requirements at 10 CFR 

431.64 to ensure appropriate 

application. 

a. Definition of Transparent 

The DOE test procedure for 

commercial refrigeration equipment, as 

amended by the 2012 test procedure 

final rule, incorporates by reference 

AHRI Standard 1200–2010. 77 FR at 

10318 (Feb. 21, 2012). AHRI Standard 

1200–2010 defines total display area 

(TDA) as ‘‘the sum of the projected 

area(s) for visible product expressed in 

[square feet]’’ and provides procedures 

for calculating the TDA of commercial 

refrigeration equipment with panels, 

end enclosures, doors, or other envelope 

components that have some transparent 

area(s). Appendix D of AHRI Standard 

1200–2010 provides further guidance 

and examples to clarify the calculation 

of TDA. The appendix also defines a 

transparent material as that which 

allows at least 65 percent light 

transmittance. Therefore, based on 

AHRI Standard 1200–2010, a 

transparent door would be one partially 

or entirely composed of a material that 

allows greater than or equal to 65 

percent light transmittance. 

In adopting a definition for 

transparent that is applicable to 

commercial refrigeration equipment, 

DOE has reviewed the definition of 

transparent presented in AHRI Standard 

1200–2010, as well as other potential 

definitions. Light transmittance is a 

measurable property of a material, and 

a definition of transparent based on 

light transmittance would be 

unambiguous. Also, defining a 

transparent material based on light 

transmittance is an industry-accepted 

practice. However, the light 

transmittance of commercial 

refrigeration doors is not typically 

provided when the door is purchased, 

and requiring this evaluation may add 

unnecessary burden to the test 

procedure. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64302 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

6ENERGY STAR is a joint program of the U.S. 

Environmental Protection Agency and DOE that 

establishes a voluntary rating, certification, and 

labeling program for highly energy efficient 

consumer products and commercial equipment. 

Information on the program is available at 

www.energystar.gov/index.cfm?c=home.index. 

7U.S. Environmental Protection Agency. 

ENERGY STAR® Program Requirements for 

Commercial Refrigerators and Freezers: Eligibility 

Criteria; Version 2.1. Effective January 1, 2010. (Last 

accessed August 15, 2013.) http://

Alternatively, DOE could consider 

referencing the purpose of a transparent 

door in commercial refrigeration 

equipment, which is to view refrigerated 

product through the closed door. While 

the alternate definition avoids 

imposition of additional test burden and 

addresses the plain language utility of 

including a transparent material in the 

construction of commercial refrigeration 

equipment, the interpretation of ‘‘allows 

for viewing’’ is subjective. For example, 

doors with special decals or colored 

glass may be difficult to unambiguously 

categorize as ‘‘transparent’’ or ‘‘solid.’’ 

For this reason, DOE believes that 

adopting a quantifiable, unambiguous 

definition is the most effective method 

for determining transparency of 

materials for the purposes of 

categorizing commercial refrigeration 

equipment. Therefore, in this NOPR, 

DOE proposes to establish a definition 

of ‘‘transparent’’ based on 65% light 

transmittance, as follows: 

Transparent means greater than or 

equal to 65 percent light transmittance, 

as determined in accordance with 

ASTM Standard E 1084–86 (Reapproved 

2009), ‘‘Standard Test Method for Solar 

Transmittance (Terrestrial) of Sheet 

Materials Using Sunlight’’ at normal 

incidence. 

DOE is proposing to incorporate by 

reference the ASTM E 1084–86 

(Reapproved 2009) as the method for 

determining light transmittance. In 

selecting this test method, DOE 

reviewed available test procedures for 

measuring light transmittance through 

translucent materials, including 

methods from ASTM International and 

the NFRC. DOE determined ASTM E 

1084–86 (Reapproved 2009) to be the 

most widely applicable test method for 

measuring visible transmittance of 

transparent doors installed on 

commercial refrigeration equipment 

compared to the other ASTM and NFRC 

standards considered. Namely, DOE also 

considered ASTM 972–96 (Reapproved 

2007), ‘‘Standard test method for solar 

photometric transmittance of sheet 

materials using sunlight,’’ and NFRC 

202–2012, ‘‘Procedure for Determining 

Translucent Fenestration Product 

Visible Transmittance at Normal 

Incidence.’’ 

DOE found that ASTM E 1084–86 

(Reapproved 2009) serves as the basis 

for the ASTM E 972–96 (Reapproved 

2007) and NFRC 202–1012, the primary 

standards for determining visible 

transmittance through fenestration 

products. Thus, ASTM E 1084–86 

(Reapproved 2009) includes all the 

methods referenced in ASTM E 972–96 

(Reapproved 2007) and NFRC 202–2012, 

in addition to some products and 

procedures for which ASTM 972–96 

(Reapproved 2007) and NFRC 202–2012 

do not apply. ASTM E 1084–86 

(Reapproved 2009) is applicable to 

glass, which is the transparent material 

commonly used in commercial 

refrigeration equipment, as well as 

translucent fiberglass and multicell 

plastic panels, which cannot be tested 

with a traditional methods using a 

spectrophotometer as required by ASTM 

E 972–96 (Reapproved 2007). Also, 

ASTM E 1084–86 (Reapproved 2009) 

applies to textured panels or materials 

with similar non-flat characteristics, 

while NFRC 202–2012 is limited to 

translucent panels that do not have 

printed patterns or non-flat 

characteristics. Thus, DOE determined 

that ASTM E 1084–86 (Reapproved 

2009) is widely applicable to 

transparent materials that would be 

used to construct commercial 

refrigeration equipment. 

ASTM E 1084–86 (Reapproved 2009) 

can be used to test the light 

transmittance of materials at angles up 

to 60° off normal incidence. For the 

purposes of determining transparency 

for materials used in the construction of 

commercial refrigeration equipment, 

DOE proposes to specify that materials 

be tested at normal incidence. This is 

consistent with the definition of TDA, 

which references the projected area(s) 

for visible product where the projection 

is normal to the plane of the door, and 

the way customers typically view 

products through the door of a 

commercial refrigeration unit. 

DOE notes that determination of the 

light transmittance of a transparent 

material is not required in all cases to 

classify a basic model of commercial 

refrigeration equipment as equipment 

with transparent doors. Manufacturers 

may continue to specify equipment as 

belonging to a transparent equipment 

class (e.g., vertical closed transparent or 

horizontal closed transparent) or a solid 

without testing. In most cases, it will be 

obvious whether a material is 

transparent or not, so testing is not 

required to verify the classification of a 

material as transparent or not. However, 

in cases in which the amount of light 

transmittance is not obviously at least 

65%, such as basic models with special 

decals or opaque glass, the referenced 

test procedure must be used to 

determine if a material is transparent or 

not. Because use of this additional test 

procedure would not be required to 

determine the energy consumption of 

covered equipment in all cases, DOE 

does not believe this proposed 

amendment would add additional 

burden for most manufacturers 

conducting the DOE test procedure. 

DOE requests comments from 

interested parties on the proposal to 

define ‘‘transparent’’ based on the 

optical properties of the material, as 

determined by ASTM E 1084–86 

(Reapproved 2009) as incorporated by 

reference. 

b. Definition of Equipment With 

Transparent Doors Versus Solid Doors 

DOE received questions regarding 

what factors differentiate a CRE basic 

model as a transparent-door model or a 

solid-door model. In the energy 

conservation standards specified at 10 

CFR 431.66, DOE refers to equipment 

families using the terms ‘‘closed solid’’ 

and ‘‘closed transparent’’ (for example 

vertical closed solid (VCS) and vertical 

closed transparent (VCT)). DOE believes 

defining terms that are used directly in 

the description of equipment classes for 

commercial refrigeration equipment is 

an appropriate way to differentiate basic 

models with solid doors from basic 

models with transparent doors. DOE 

proposes to add new definitions for 

‘‘closed solid’’ and ‘‘closed transparent’’ 

to the regulatory text at 10 CFR 431.62 

as follows: 

Closed transparent means equipment 

with doors, and in which 75 percent or 

more of the outer surface area of all 

doors on the unit are transparent. 

Closed solid means equipment with 

doors, and in which more than 75 

percent of the outer surface area of all 

doors on a unit are not transparent. 

These definitions would be used in 

conjunction with the proposed 

definition of transparent, as presented 

in section III.B.2.a, to categorize 

different basic models of commercial 

refrigeration equipment. 

In determining the fraction of 

transparent door surface area to qualify 

a basic model of commercial 

refrigeration equipment as equipment 

with transparent doors under the 

proposal, DOE established a level higher 

than 50 percent to ensure that only 

transparent doors with a majority of 

transparent surface area were 

considered transparent doors. DOE 

reviewed the definitions in the ENERGY 

STAR® 6 ‘‘Version 2.1 Program 

Requirements for Commercial 

Refrigerators and Freezers’’ 7 (Version 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64303 

www.energystar.gov/ia/partners/product_specs/

program_reqs/Commercial_Refrigerator_and_

Freezer_Program_Requirements.pdf?dae6-ef7c. 

8See Continental Refrigerator, Comments on 

Specification for Commercial Refrigerators and 

Freezers, Version 2.0 Draft 3. Dated January 7. 2009. 

Available at: https://www.energystar.gov/ia/

partners/prod_development/revisions/downloads/

refrig/Continental_Comments.pdf?f45c-2369; 

Beverage-Air Corporation, Beverage-Air Comments 

re: ENERGY VERSION 2.0—DRAFT 3, Dated 

January 8, 2009. Available at: https://

www.energystar.gov/ia/partners/prod_

development/revisions/downloads/refrig/BeverageAir_Comments.pdf?f45c-2369 Anonymous, 

Comments on Draft 2. Dated September 15, 2008. 

Available at: https://www.energystar.gov/ia/

partners/prod_development/revisions/downloads/

refrig/Anonymous_Comments.pdf?f45c-2369 True 

Manufacturing, Comments on Draft 2. Dated 

September 17, 2008. Available at: https://

www.energystar.gov/ia/partners/prod_

development/revisions/downloads/refrig/True_

Comments.pdf?f45c-2369 Traulsen, Comments on 

Draft 1. Dated April 18, 2008. Available at: 

https://www.energystar.gov/ia/partners/prod_

development/revisions/downloads/refrig/Traulsen_

Comments.pdf?f45c-2369. 

2.1 Program Requirements), as well as 

associated stakeholder comments 

received during the development of the 

ENERGY STAR Version 2.1 Program 

Requirements.8 In response to 

stakeholder comments, the ENERGY 

STAR Version 2.1 Program 

Requirements adopted definitions of 

‘‘solid door’’ and ‘‘transparent door’’ 

based on a threshold of greater than or 

equal to 75 percent of front surface. 

Based on these comments and 

consistent with the ENERGY STAR 

requirements, DOE proposes to adopt 

the 75-percent criterion for 

differentiating a transparent door from a 

solid door. DOE believes that 75 percent 

is a reasonable cutoff to differentiate 

between a transparent door and a solid 

door, as it would ensure that only cases, 

in which a door on at least one side 

where the majority of the surface area is 

transparent, would be treated as cases 

with transparent doors and subject to 

applicable standards for transparent 

cases based on TDA. 

As an example of how these 

definitions would apply to a basic 

model of commercial refrigeration 

equipment, consider a vertical closed 

refrigerator with three transparent doors 

on the front, with a surface area of 9 ft2

each, and one solid door on the back, 

with an outer surface area of 9 ft2. This 

case’s doors have a surface area of 36 ft2, 

75 percent of which is transparent. 

Thus, this basic model would be treated 

as a part of the vertical closed 

transparent equipment family under 

DOE’s proposed definition. On the other 

hand, if the bottom third of each door 

were covered by an opaque mullion or 

covering, this would reduce the 

transparent surface area of each door to 

6 ft2, or 18 ft2 in total and increase the 

solid surface area to 18 ft2 in total. In 

this case, the basic model would be 

treated as part of the vertical closed 

solid equipment family. 

DOE requests comment on its 

proposed definitions of the terms 

‘‘closed transparent’’ and ‘‘closed 

solid.’’ 

3. Hybrid Equipment and Commercial 

Refrigerator-Freezers 

DOE also received a question about 

the definition of a commercial hybrid 

refrigerator-freezer and appropriate 

standards for covered equipment in that 

class. 

At 10 CFR 431.62, DOE defines a 

commercial hybrid refrigerator, freezer, 

or refrigerator-freezer as having two or 

more chilled and/or frozen 

compartments that are in two or more 

different equipment families, contained 

in one cabinet, and sold as a single unit. 

In other words, DOE currently defines 

a commercial hybrid refrigerator, 

freezer, or refrigerator-freezer as a single 

unit consisting of two or more distinct 

refrigerated compartments that do not 

belong to the same equipment family. 

For the sake of greater clarity, DOE 

proposes to replace the definition of 

‘‘commercial hybrid refrigerator, freezer, 

and refrigerator-freezer’’ with a 

definition of ‘‘commercial hybrid,’’ and 

introduce a new definition of 

‘‘commercial refrigerator-freezer.’’ 

Currently, there is no definition for 

commercial refrigerator-freezer at 10 

CFR 431.62, and thus DOE proposes one 

here. 

DOE proposes definitions for 

‘‘commercial hybrid,’’ and ‘‘commercial 

refrigerator-freezer’’ as set out in the 

proposed amendments to 10 CFR 431.62 

in this NOPR. 

According to these proposed 

definitions, a commercial hybrid 

refrigerator-freezer would be a unit that 

satisfies the definition of ‘‘commercial 

hybrid’’ and the definition of 

‘‘commercial refrigerator-freezer.’’ A 

commercial (non-hybrid) refrigeratorfreezer is a unit that satisfies the 

definition of commercial refrigeratorfreezer but does not satisfy the 

definition of commercial hybrid 

refrigeration unit. 

An example of a commercial hybrid 

refrigerator, freezer, or refrigeratorfreezer is a self-contained CRE basic 

model with two compartments, one 

belonging to the vertical closed 

transparent (VCT) equipment family and 

the other belonging to the horizontal 

open (HZO) equipment family. If one 

compartment (of the VCT–HZO hybrid 

unit) is designed to operate in the 

freezer temperature range and the other 

in the refrigerator temperature range, 

then the basic model is a commercial 

hybrid refrigerator-freezer. By contrast, 

if a basic model of commercial 

refrigeration equipment contains two 

compartments, both of them belonging 

to the VCT equipment family, but one 

operates in the refrigerator temperature 

range and the other in the freezer 

temperature range, the basic model is a 

commercial (non-hybrid) refrigeratorfreezer. 

The method to calculate the 

maximum daily energy consumption of 

commercial hybrid refrigerators, 

freezers, and refrigerator-freezers other 

than (non-hybrid) refrigerator-freezers 

with solid doors is described at 10 CFR 

431.66(d)(2). For (non-hybrid) 

refrigerator-freezers with solid doors, 

the standard is specified at 10 CFR 

431.66(b). 

DOE requests comment on the clarity 

and sufficiency of the proposed 

definitions for ‘‘commercial hybrid’’ and 

‘‘commercial refrigerator-freezer.’’ 

C. Relationship Among Rating 

Temperature, Operating Temperature, 

and Integrated Average Temperature 

Since publication of the 2012 test 

procedure final rule, DOE has received 

inquiries from interested parties 

regarding the terminology used to 

describe the operating temperatures and 

appropriate rating temperatures for 

commercial refrigeration equipment for 

which standards have been specified in 

10 CFR 431.66. Currently, the table at 10 

CFR 431.66(d)(1) describing the energy 

conservation standards for equipment 

other than hybrid equipment, 

refrigerator-freezers, and wedge cases 

refers to the ‘‘rating temperature’’ and 

‘‘operating temperature’’ of equipment. 

The table describing the applicable 

test procedure for covered equipment at 

10 CFR 431.64(b)(3) refers to the term 

‘‘integrated average temperature.’’ DOE 

defines ‘‘integrated average 

temperature’’ as ‘‘the average 

temperature of all the test package 

measurements taken during the test.’’ 10 

CFR 431.62 ‘‘[R]ating temperature’’ is 

the integrated average temperature at 

which a model of commercial 

refrigeration equipment should be 

evaluated in accordance with the DOE 

test procedure. ‘‘[O]perating 

temperature’’ refers to the range of 

integrated average temperatures at 

which the unit of commercial 

refrigeration equipment is capable of 

operating. The operating temperature 

provides a means for differentiating 

among refrigerators, freezers, and icecream freezers. For example, a 

commercial refrigerator has an operating 

temperature range at or above 32 °F and 

should be tested, in accordance with the 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64304 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

9ASHRAE 72–2005, section 6.1.1, ‘‘Accessories,’’ 

as incorporated by reference into the DOE test 

procedure at 10 CFR 431.64. 

DOE test procedure, with the integrated 

average temperature maintained at the 

rating temperature of 38 °F for 

refrigerators. A commercial freezer with 

an operating temperature range below 

32 °F should be tested, in accordance 

with the DOE test procedure, with the 

integrated average temperature 

maintained at the rating temperature for 

freezers of 0 °F. 10 CFR 431.66(d)(1) The 

‘‘rating temperature’’ in the standards 

table at 10 CFR 431.66(d)(1) is the same 

as the rating temperature in the table at 

10 CFR 431.64(b)(3), except that the 

integrated average temperature in the 

table at 10 CFR 431.64(b)(3) has a 

tolerance of ±2 °F to account for the 

inherent variability associated with 

testing. 

The integrated average temperature is 

determined as a result of testing, while 

the rating temperature is a nominal 

value representing the target integrated 

average temperature for a given test. The 

intended relationship between these 

two terms is that, when testing a given 

unit of commercial refrigeration 

equipment, the integrated average 

temperature observed during the test 

should fall within the allowed tolerance 

(±2 °F) of the prescribed rating 

temperature for that unit, based on its 

designated equipment class. The 

designated equipment class for a model 

of commercial refrigeration equipment 

and, thus, the associated rating 

temperature, are determined based on 

the range of operating temperatures for 

that unit, among other factors. 

To clearly articulate the relationship 

between these terms in the language at 

10 CFR part 431, subpart C, DOE 

proposes to amend 10 CFR 431.64 to 

state that the integrated average 

temperature determined as a result of 

testing a unit shall be within ±2 °F of 

the prescribed rating temperature for 

that unit’s equipment class, as specified 

in the table at 10 CFR 431.66(d)(1). DOE 

also proposes to include definitions for 

the terms ‘‘rating temperature’’ and 

‘‘operating temperature’’ at 10 CFR 

431.62 as follows: 

Rating temperature means the 

integrated average temperature a unit 

must maintain during testing (i.e., either 

as listed in the table at 10 CFR 

431.66(d)(1) or the lowest application 

product temperature). 

Operating temperature means the 

range of integrated average temperatures 

at which a commercial refrigeration unit 

is capable of operating. 

DOE believes that these definitions 

would provide clarification of the 

relationship among the terms integrated 

average temperature, rating temperature, 

and operating temperature. 

While DOE uses the operating 

temperature range of the equipment to 

establish the appropriate equipment 

class for CRE basic models based on the 

standards table at 10 CFR 431.66(d)(1), 

only the definition of ‘‘ice-cream 

freezer’’ explicitly identifies the 

appropriate operating range (i.e., at or 

below ¥5 °F). 10 CFR 431.62. In fact, 

DOE currently does not independently 

define ‘‘commercial refrigerator’’ or 

‘‘commercial freezer.’’ Therefore, DOE 

also proposes to establish definitions for 

‘‘commercial refrigerator’’ and 

‘‘commercial freezer’’ as set out in the 

proposed amendments to 10 CFR 431.62 

in this NOPR. 

DOE has proposed a definition for 

‘‘commercial refrigerator-freezer’’ above 

(see section III.B.3), and DOE’s 

definition of ‘‘ice-cream freezer’’ can be 

found at 10 CFR 431.62. The definition 

of ice-cream freezer specifies additional 

requirements for a freezer to be 

classified as an ice-cream freezer. The 

definition for ice-cream freezer included 

at 10 CFR 431.62 states that an icecream freezer means a commercial 

freezer that is designed to operate at or 

below ¥5 °F (¥21 °C) and that the 

manufacturer designs, markets, or 

intends for the storing, displaying, or 

dispensing of ice cream. 

DOE recognizes that some basic 

models may have operating 

characteristics that include an operating 

temperature range that spans multiple 

equipment classes. For example, a CRE 

model with an operating temperature 

range of >15 °F and <36 °F meets the 

definition of both a commercial 

refrigerator (capable of operating at or 

above 32 °F) and a commercial freezer 

(capable of operating below 32 °F). The 

current language does not make clear 

how to categorize this model. DOE is 

proposing language that specifies how 

to appropriately characterize basic 

models operating over temperature 

ranges that span multiple equipment 

classes. Specifically, DOE proposes that 

equipment meeting the definition of 

multiple equipment classes when 

operated as intended by the 

manufacturer would have to be tested 

and certified as each of these equipment 

classes to demonstrate compliance with 

DOE’s energy conservation standards. 

The CRE model described above with an 

operating temperature range of >15 °F 

and <36 °F would need to be tested and 

certified as both a commercial 

refrigerator and a commercial freezer. 

DOE requests comment on its 

proposed definitions for ‘‘operating 

temperature’’ and ‘‘rating temperature,’’ 

and its proposal to clarify the 

relationship between integrated average 

temperature and rating temperature. 

DOE also requests comment on its 

proposed definitions of ‘‘commercial 

refrigerator’’ and ‘‘commercial freezer.’’ 

D. Proper Configuration and Use of 

Components or Features in the DOE 

Test Procedure 

DOE has received several inquiries 

from interested parties regarding the 

proper configuration and use of certain 

components or features specified in the 

DOE test procedure. Specifically, 

interested parties have inquired 

regarding how energy management 

systems and case lighting are to be 

operating when conducting the DOE test 

procedure, and the appropriate 

temperatures of test packages when 

loaded into the test unit. These inquiries 

and DOE’s responses are summarized in 

the subsequent sections. 

1. Energy Management Systems 

DOE has received inquiries from 

interested parties regarding how to test 

CRE units equipped with automated 

energy management controls, 

specifically those that turn off 

merchandising lights and raise the 

cabinet temperature (in the case of some 

beverage merchandisers) outside of 

normal merchandising hours. 

The DOE test procedure specifies that 

all devices that would normally be used 

in the field must be installed and 

operated in the same manner during the 

test unless such installation and 

operation is inconsistent with any 

requirement of the test procedure.9 Such 

devices include energy management 

systems. DOE interprets energy 

management systems as meaning 

electronic devices that control specific 

systems in commercial refrigeration 

equipment to save energy. Moreover, 

DOE research indicates that applicable 

energy management systems are 

permanently installed on the case and 

configured to operate automatically 

without the intervention of an operator 

after configuration is complete. For 

example, an operator may be required 

initially to program the energy 

management device to turn off case 

lighting based on a particular schedule. 

However, once programmed, an energy 

management system would continue to 

perform the desired function, in this 

case altering case lighting automatically 

without further intervention by the 

operator. Further examples of the 

functions of energy management 

systems include, but are not limited to: 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64305 

• Turning off cabinet lights on a 

predetermined schedule or in response 

to an external variable; 

• increasing the temperature setting 

of the thermostat (in refrigerators that 

store non-perishable items) during nonmerchandizing hours; and 

• activating and deactivating antisweat heaters, pan heaters, or defrost 

heaters. 

If normal field installation or 

operation of any device would be 

inconsistent with any test procedure 

requirement, then the specific function 

of that device that causes inconsistency 

with the DOE test procedure provisions 

must be disabled for the duration of the 

test. If the device is designed for 

multiple functions, only those functions 

of the device that cause inconsistency 

with the DOE test procedure 

requirements must be disabled. 

For example, the DOE test procedure 

requires that all equipment that can 

operate at the DOE-specified rating 

temperatures (i.e., 38 ± 2 °F, 0 ± 2 °F, 

and ¥15 ± 2 °F) be operated at those 

rating temperatures during the test. 10 

CFR 431.64 If an energy management 

system raises or lowers the cabinet 

temperature such that the applicable 

integrated average temperature cannot 

be maintained within the rating 

temperature ranges, then the function of 

the energy management system that 

varies the cabinet temperature must be 

disabled for the duration of the test. If 

the energy management system controls 

other systems, in addition to cabinet 

temperature, those functions of the 

energy management system should 

remain enabled, provided those 

functions do not violate the 

requirements of the DOE test procedure. 

Therefore, if the installed energy 

management system is not able to 

disable those functions that violate 

certain test procedure provisions while 

other functions remain operational, the 

entire energy management system must 

be disabled during testing. 

2. Lighting 

DOE received an inquiry from an 

interested party regarding the 

appropriate position for a manual light 

switch when testing commercial 

refrigeration equipment with an 

operable light switch. 

The DOE test procedure specifies that 

all devices that would normally be used 

in the field must be installed and 

operated in the same manner during the 

test. 10 CFR 431.64. Specifically, ARI 

Standard 1200–2006 (as incorporated by 

reference in the 2006 test procedure 

final rule) and AHRI Standard 1200– 

2010 (as incorporated by reference in 

the 2012 test procedure final rule and 

this proposed test procedure update) 

specify that the TDEC or combined daily 

energy consumption (CDEC) for selfcontained or remote condensing cases, 

respectively, ‘‘shall include 

compressors, evaporator fan motors, 

condensing fan motors, lighting, anticondensate loads including fans and 

heaters, defrost heaters, condensate 

evaporator pans, and any other suitable 

electrical loads when they are part of 

the unit.’’ This explicit reference to case 

lighting loads indicates that the energy 

consumption associated with lights 

installed on a model of commercial 

refrigeration equipment are intended to 

be captured during testing. 

In addition, the DOE test procedure, 

through AHRI Standard 1200–2010, 

references ASHRAE 72–2005, ‘‘Method 

of Testing Commercial Refrigerators and 

Freezers,’’ to specify the appropriate test 

apparatus and conditions suitable for 

determining the energy consumption of 

commercial refrigeration equipment. 10 

CFR 431.64. ASHRAE 72–2005 

specifies, in section 6.1.1, 

‘‘Accessories,’’ that ‘‘all standard 

components, such as shelves, end 

enclosures, lights, anti-condensate 

heaters, racks, and similar items that 

would normally be used during 

shopping or working periods, shall be 

installed and used as recommended by 

the manufacturer.’’ DOE interprets this 

requirement to mean that if lighting is 

installed on the case, the lighting should 

be operated as intended to be used in 

the field. For example, if a vertical solid 

case has lighting installed within the 

case that turns on only when the door 

is opened, but remains off when the 

doors are closed, the lighting in that 

case should be left to operate in the 

same manner during testing. In other 

words, the lighting should be turned on 

only during the periods of the test when 

the door is required to be open. 

In the 2012 test procedure final rule, 

DOE adopts specific provisions for 

testing lighting control systems that 

have variable operation, such as lighting 

occupancy sensors that control lighting 

based on the presence of customer 

activity in front of the case and 

scheduled controls that control case 

lighting based on a pre-set schedule. 77 

FR at 10298–302 (Feb. 21, 2012). Due to 

the variety of types of lighting controls 

and schemes available on the market, 

the existing provisions for ‘‘accessories’’ 

may prove insufficient to yield 

consistent results during testing. 

Therefore, in the 2012 test procedure 

final rule, DOE establishes specific time 

periods these variable lights may be 

turned off or dimmed during the test to 

account for energy savings due to 

installed occupancy sensors or 

scheduled lighting controls. 77 FR at 

10319–10320 (Feb. 21, 2012). 

DOE wishes to clarify that a 

mechanical light switch does not 

constitute an energy management 

system, such as scheduled lighting 

controls or occupancy sensors. Models 

of commercial refrigeration equipment 

with lighting installed on the case and 

no energy management system should 

be tested with lights on to their 

maximum illumination level for the 

duration of the test, except for models 

with solid doors in which the 

manufacturer instructs the use of 

lighting controls that automatically turn 

off internal case lighting when the door 

is closed. For such models, the lighting 

control should be operated in the 

automatic setting, consistent with 

manufacturer recommendations, even if 

the model has a manual switch that 

disables the automatic lighting control. 

In general, except for the case noted 

above, any lighting controls with a userselectable setting must be turned on and 

set to the maximum usage position. 

Under the current CRE test procedure, 

models featuring an automatic, non-user 

adjustable controller, such as a lighting 

occupancy sensor or scheduled lighting 

controller, must be disabled such that 

any case lighting is in its maximum 

illumination setting during testing. After 

the provisions adopted in the 2012 test 

procedure become effective, in 

association with the compliance date of 

any amended standards for commercial 

refrigeration equipment, models with 

lighting occupancy sensors or scheduled 

lighting controls should be operated in 

accordance with the 2012 amendments 

to the DOE test procedure for 

commercial refrigeration equipment. 77 

FR at 10319–10320 (Feb. 21, 2012). For 

further discussion of energy 

management systems, please refer to 

section III.D.1. 

To clarify DOE’s existing test 

procedure, DOE proposes to specify in 

appendix A to Subpart C that all 

lighting must be energized to the 

maximum illumination level for the 

duration of testing for commercial 

refrigeration equipment except for 

closed solid models of commercial 

refrigeration equipment which includes 

automatic controls that disable case 

lighting when the door is closed, the use 

of which is specified by the 

manufacturer instructions. DOE also 

proposes to specify in appendix B to 

subpart C, which will be required for 

equipment testing on or after the 

compliance date of any amended energy 

conservation standards, that case 

lighting shall be energized to its 

maximum illumination level, except for 

when a model of commercial 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64306 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

10Pull-down capacity refers to a commercial 

refrigerator, freezer, or refrigerator-freezer, which is 

not operating in steady-state condition, but is 

instead actively reducing the temperature of 

products contained within the refrigerated space. 

refrigeration equipment is equipped 

with lighting occupancy sensors and/or 

scheduled controls, or when the a 

model is outfitted with other 

permanently installed, automatic energy 

management systems that control case 

lighting. If the unit includes an 

automatic lighting control system, it 

should be enabled during test. If the 

unit is equipped with lighting 

occupancy sensors and controls in 

should be tested in accordance with the 

provisions adopted in the 2012 test 

procedure final rule. 77 FR at 10319– 

10320 (Feb. 21, 2012). 

3. Test Package Temperatures 

Some manufacturers have inquired 

whether the DOE test procedure has 

specific temperature requirements for 

the test simulators and filler packages 

that must be met prior to loading the 

packages in the commercial refrigeration 

equipment for testing pursuant to the 

DOE test procedure found at 10 CFR 

431.64. Specifically, several 

manufacturers have expressed the 

opinion that test simulators and filler 

packages should be pre-chilled to the 

temperature at which the equipment 

will be tested prior to loading. The 

manufacturers expressed concern that 

equipment should not be operating in a 

pull-down capacity 10 during the test. 

The ASHRAE 72–2005 method of test, 

as referenced by ARI Standard 1200– 

2006 and AHRI Standard 1200–2010, 

and thus incorporated by the DOE test 

procedure at 10 CFR 431.64, provides 

specific instruction at section 6.2 as to 

the loading of test simulators and filler 

packages. ASHRAE 72–2005 also 

requires temperature stabilization before 

the formal test period begins, as detailed 

in Section 7.4. Specifically, the unit 

must run until ‘‘steady state’’ 

conditions, as defined in section 3, are 

achieved. ‘‘Steady state’’ is defined as 

‘‘the condition where the average 

temperature of all test simulators 

changes less than 0.2 °C (0.4 °F) from 

one 24-hour period or refrigeration cycle 

to the next.’’ After steady-state operation 

is reached, the unit must then operate 

for another period of 12 hours without 

any adjustment to the controls before it 

is deemed to be stabilized and the 

testing can begin. Based on these 

established stabilization requirements, 

the product simulators and test 

packages would be cooled to the test 

temperature prior to initiation of the test 

period and data collection, and the unit 

of commercial refrigeration equipment 

under test would not operate in a pulldown application during any part of the 

DOE test procedure. Thus, DOE does not 

believe the product simulators or test 

packages need to be a specified 

temperature prior to loading in the 

commercial refrigeration equipment for 

testing. 

E. Treatment of Other Specific 

Equipment Features and Accessories 

During Testing 

During the ongoing negotiated 

rulemaking for certification of 

commercial heating, ventilation, air 

conditioning, refrigeration, and water 

heating equipment, a number of issues 

were raised by stakeholders regarding 

the treatment during the DOE test 

procedure of specific features, 

components, and accessories which may 

be in place on certain basic models of 

commercial refrigeration equipment. 

After discussion with those stakeholders 

during the negotiation proceedings, 

DOE seeks to issue clarifications on 

these subjects. The ensuing sections 

discuss specific features, components, 

and accessories and present DOE’s 

proposals regarding how these items 

should be treated under the existing and 

any amended DOE test procedure 

provisions. 

1. Customer Display Signs/Lights 

Manufacturers stated that some 

customers, when ordering commercial 

refrigeration equipment, may wish to 

add additional exterior signage, outside 

of the body of the refrigerated cabinet, 

to certain units of a given model for the 

purposes of advertising the product 

inside. This lighting and signage is 

optional and is not integral to the 

cabinet. Further, this auxiliary signage 

does not serve to illuminate product 

inside the body of the cabinet. During 

the negotiations, stakeholders inquired 

regarding how this lighting or signage 

should be treated during testing. 

DOE proposes that under the DOE test 

procedure, all lighting that is integral to 

the refrigerated cabinet or illuminates 

the product contained within must be 

operational during the test. Under 

DOE’s proposal, supplemental lighting 

that exists solely for the purposes of 

advertising or drawing attention to the 

case and is not integral to the case 

would not be operated during testing 

under the DOE test procedure. DOE is 

proposing to add clarifying language in 

the regulatory text to address customer 

display signs/lights. 

2. Condensate Pan Heaters and Pumps 

Commercial refrigeration equipment 

captures water from the air entering the 

cabinet during operation by causing the 

water to condense and then freeze on 

the evaporator coil of the equipment. 

During a defrost cycle, this frost is 

melted, and the meltwater produced 

must be removed from the unit. In many 

types of equipment, this meltwater is 

collected in a pan beneath the unit. 

Some models of commercial 

refrigeration equipment come equipped 

with electric resistance heaters which 

evaporate this water out of the pan and 

into the ambient air. Other models may 

come equipped with pumps, which 

pump meltwater to an external drain. 

Stakeholders inquired regarding the 

treatment of these condensate pan 

heaters and condensate pumps under 

the DOE test procedure. 

DOE proposes that, during the DOE 

test procedure, these electric resistance 

heaters and condensate pumps must be 

installed and operational during the 

entire test (as per section 6.1.1, 

‘‘Accessories,’’ of ASHRAE 72–2005). 

The ‘‘entire test’’ includes stabilization 

(including pull-down), steady-state and 

performance testing periods. Prior to the 

start of the stabilization period, as 

defined by ASHRAE 72–2005, the 

condensate pan should be dry. During 

the entirety of the period of the test 

following the start of the stabilization 

period, any condensate moisture 

generated should be allowed to 

accumulate in the pan, as it would 

during normal operations. Water should 

not be manually added to or removed 

from the condensate pan at any time 

during the entire test. 

DOE is aware that manufacturers may 

offer condensate pan heaters and pumps 

such that they are shipped separately 

from, or not installed upon, the specific 

unit of commercial refrigeration 

equipment with which they would be 

used in normal operation. DOE proposes 

that, if the manufacturer offers a given 

basic model for sale with an available 

condensate pan heater or pump, the 

manufacturer must make 

representations of the performance of 

the basic model as tested with the 

feature in place. DOE is proposing to 

add clarifying language in the regulatory 

text to address condensate pan heaters 

and pumps. 

3. Anti-Sweat Door Heaters 

Many transparent-door cases come 

equipped with anti-sweat electric 

resistance heaters that serve to 

evaporate any water that condenses on 

the transparent surface of the door 

during operation. In some instances, 

manufacturers may equip their cases 

with higher-powered anti-sweat heaters 

in anticipation of potential adverse 

operation conditions. During the 

negotiation proceedings, stakeholders 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64307 

questioned how cases equipped with 

high-wattage anti-sweat door heaters 

should be treated during testing. 

DOE proposes that anti-sweat heaters 

should be operational during testing 

under the DOE test procedure. Models 

with a user-selectable setting must be 

turned on and set to the maximum 

usage position. Models featuring an 

automatic, non-user adjustable 

controller that turns on or off based on 

environmental conditions must be 

operating in the automatic state. 

Additionally, DOE proposes that, if a 

unit is not shipped with a controller 

from the point of manufacture, and is 

intended to be used with a controller, 

the manufacturer must make 

representations of the basic model based 

upon the rated performance of that basic 

model as tested when equipped with an 

appropriate controller. DOE is 

proposing to add clarifying language in 

the regulatory text to address anti-sweat 

door heaters. 

4. Ultraviolet Lights 

Some manufacturers equip certain 

models of commercial refrigeration 

equipment with ultraviolet lights, which 

can be operated by end users to 

neutralize pathogens and ensure case 

cleanliness. Manufacturers inquired as 

to how these should be treated during 

the DOE test procedure. DOE proposes 

that ultraviolet lights should not be 

turned on during the conduct of the test 

procedure and is adding regulatory text 

to clarify. 

5. Illuminated Temperature Displays 

and Alarms 

Manufacturers may equip some 

commercial refrigeration equipment 

models with illuminated displays that 

provide visual information to the 

equipment operator regarding, for 

example, the temperature inside the 

refrigerated case. Manufacturers may 

also offer alarms that notify operators if 

the case temperature falls outside of a 

specified range. DOE understands these 

items to be features integral to the 

design of the given model and proposes 

that they should be enabled during the 

test as they would be during normal 

field operation. DOE is proposing to add 

clarifying language in the regulatory text 

to address illuminated temperature 

displays and alarms. 

6. Condenser Filters 

Manufacturers may offer models 

equipped with non-permanent filters 

over a model’s condenser coil to prevent 

particulates such as flour from blocking 

the condenser coil and reducing airflow. 

DOE proposes that these filters should 

be removed during the DOE test 

procedure and proposes to add 

clarifying language as part of the 

regulatory text. 

7. Refrigeration System Security Covers 

Manufacturers may offer for sale with 

a basic model an option to include 

straps or other devices to secure the 

condensing unit and prevent theft or 

tampering. DOE proposes that these 

security devices should be removed 

during testing under the DOE test 

procedure and proposes to add 

clarifying language as part of the 

regulatory text. 

8. Night Curtains and Covers 

During the negotiated rulemaking 

proceedings, manufacturers inquired 

regarding the treatment of night curtains 

and night covers under the DOE test 

procedure. This feature is defined at 10 

CFR 431.62, as a device that is deployed 

temporarily to decrease air exchange 

and heat transfer between the 

refrigerated case and the surrounding 

environment. Additionally, the proper 

treatment of these components during 

the conduct of the DOE test procedure 

is discussed in the current text of the 

DOE test procedure, 10 CFR 431.64, as 

amended by the 2012 DOE test 

procedure final rule. These provisions 

are reflected at section 1.2.10 in 

appendix B. Night curtains may not be 

used when testing under appendix A. 

9. Grill Options 

Manufacturers may offer for sale with 

a basic model optional grills which are 

used to direct airflow in unique 

applications, such as when a unit is 

mounted close to a rear wall and the 

airflow needs to be directed upwards. 

DOE proposes that, if present, nonstandard grills should be removed 

during testing under the DOE test 

procedure and proposes to add 

clarifying language as part of the 

regulatory text. 

10. Coated Coils 

During the negotiations, 

manufacturers inquired as to whether 

units featuring coated coils are subject 

to testing under the DOE test procedure. 

These coils, generally specified for use 

in units that will be subjected to 

environments in which acids or 

oxidizers are present, are treated with 

an additional coating (such as a layer of 

epoxy or polymer) as a barrier to protect 

the bare metal of the coil from 

deterioration through environmental 

contact. DOE believes the existing DOE 

test procedure accurately accounts for 

the performance of all types of coils, 

including those with coatings and that 

no additional accommodations or 

clarifications are needed in the test 

procedure. Commercial refrigeration 

equipment with coated coils shall be 

tested in accordance with the DOE test 

procedure, as specified at appendices A 

and B to subpart C of 10 CFR part 431, 

in their entirety. 

11. Internal Secondary Coolant Circuits 

One manufacturer asked for 

clarification of the treatment of a unit 

that features an internal, secondary, 

working fluid that is cooled by a remote 

condensing unit. This proprietary 

design purportedly allows for greater 

control of unit temperature, and may 

present other attributes desirable to a 

customer. Upon discussion and 

examination of the design during the 

negotiation proceedings, DOE found no 

evidence indicating that this design 

could not be tested using the DOE test 

procedure as written, as the operation of 

equipment with internal secondary 

coolant circuits would be effectively the 

same as that of a standard remote 

condensing case from the perspective of 

the test procedure. 

12. Wedge Cases 

Wedge cases are models of 

commercial refrigeration equipment that 

fit between two other cases to fill a gap 

(such as in a corner) in a continuous 

case lineup. They may require air 

spillover from adjacent cases to meet the 

manufacturer’s design temperatures. 

During the negotiation proceedings, 

manufacturers inquired as to how 

wedge cases should be treated under the 

DOE test procedure. 

DOE considered the coverage and 

testing of wedge cases in the 2009 

energy conservation standards final 

rule. Based on that assessment, DOE 

understands that wedge cases meet the 

definition of commercial refrigeration 

equipment and fall into existing CRE 

equipment classes. At this time, DOE is 

unaware of any technical attributes that 

prevent wedge cases from being tested 

using the DOE test procedure, or where 

the DOE test procedure is not 

representative of the energy use of a 

given basic model of wedge case. If 

manufacturers determine that these 

circumstances exist, they may seek a 

test procedure waiver for that model 

pursuant to DOE regulations at 10 CFR 

431.401. Consistent with these 

regulations, DOE will consider 

amendments to its test procedure to 

accommodate such equipment. 

13. Misting or Humidification Systems 

Manufacturers may offer for sale with 

a basic model optional misting or 

humidification systems, which dispense 

a water mist used to maintain the 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64308 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

optimal quality of products. These are 

commonly used with cases containing, 

for example, fresh produce, meat, or 

seafood. DOE proposes that, if present, 

these systems should be inactive during 

testing under the DOE test procedure 

and proposes to add clarifying language 

as part of the regulatory text. 

14. Air Purifiers 

Manufacturers may offer for sale 

purifying systems to remove 

contaminants from air recirculated 

within the interior of a refrigerated case. 

DOE proposes that air purifiers should 

be inactive during testing under the 

DOE test procedure and proposes to add 

clarifying language as part of the 

regulatory text. 

15. General Purpose Outlets 

Some commercial refrigeration 

equipment may be offered for sale with 

integrated general purpose electrical 

outlets, which may be used to power 

additional equipment such as scales or 

slicers. During the negotiations, 

manufacturers inquired as to the 

treatment of these outlets. DOE proposes 

that, during testing under the DOE test 

procedure, no external load should be 

connected to the general purpose outlets 

contained within a unit and proposes to 

add clarifying language as part of the 

regulatory text. 

16. Crankcase Heaters 

Some models of self-contained 

commercial refrigeration equipment 

feature electric resistance heaters 

designed to keep the compressor warm 

in order to maintain the refrigerant 

contained within at optimal conditions 

when the unit is operating at low 

ambient temperatures. DOE proposes 

that, if present, crankcase heaters 

should be operational during the test. 

Under this proposal, if a control system, 

such as a thermostat or electronic 

controller, is used to modulate the 

operation of the crankcase heater, it 

should be used as intended per the 

manufacturer’s instructions. DOE is 

proposing to add clarifying language 

regarding testing units with crankcase 

heaters. 

17. Interior/Exterior Liners 

Manufacturers may offer for sale a 

variety of different interior or exterior 

liner materials with a given commercial 

refrigeration equipment basic model. 

These liners, by virtue of differences in 

thickness, composition, and other 

physical attributes, could change the 

insulative properties of the case walls, 

and thus alter the energy consumption 

of the case. Manufacturers inquired 

during the negotiations regarding the 

treatment of cases with different interior 

or exterior liners. The test procedure 

estimates the heat loss from the 

refrigerated space to the surroundings 

by measuring the amount of energy 

needed to maintain the refrigerated 

space at the given rating temperature. 

Consequently, DOE believes that the 

DOE test procedure adequately accounts 

for variability in the energy 

consumption of models with different 

liner types just as it accounts for the 

difference energy performance of 

models with varying levels of 

insulation. Therefore DOE is not 

proposing any additional measures to 

accommodate these equipment features. 

F. Rounding of Test Results and 

Certified Ratings 

DOE’s requirements for calculating 

test results and certified ratings for 

covered commercial refrigeration 

equipment are found at 10 CFR 431.64 

and 10 CFR 429.42, respectively. The 

DOE test procedure currently prescribes 

that the daily energy consumption of a 

unit of commercial refrigeration 

equipment must be determined in 

accordance with the DOE test 

procedure. The current DOE test 

procedure, which incorporates by 

reference provisions from ARI Standard 

1200–2006 and AHRI Standard 1200– 

2010, requires that the CDEC, for remote 

condensing equipment, and the TDEC, 

for self-contained refrigeration 

equipment, be expressed in terms of 

kilowatt-hours (kWh) per day and must 

be stated in increments of 0.01 kWh per 

day. 

Consequently, DOE is proposing 

clarifications to 431.64 that all 

calculations in the DOE test procedure 

must be carried out using raw, measured 

values, and the results from the testing 

of a single unit of a given basic model 

should be expressed in 0.01 kWh per 

day. 

Similarly, DOE notes that these 

calculation and rounding requirements 

are also applicable to reporting certified 

ratings for a basic model, in accordance 

with the requirements for certified 

ratings for commercial refrigeration 

equipment described at 10 CFR 429.42. 

Therefore, DOE also proposes to update 

the language at 10 CFR 429.42 to reflect 

the same rounding requirements, 

namely that certified ratings shall be 

expressed in 0.01 kWh per day 

increments. 

DOE requests comment on its 

proposed rounding provisions for 

commercial refrigeration equipment. 

G. Testing at the Lowest Application 

Product Temperature 

DOE defines equipment classes for 

commercial refrigeration equipment 

based on three distinct operating 

temperature ranges: (1) Refrigerators 

that have operating temperatures at or 

above 32 °F and are tested at a rating 

temperature of 38 °F (±2 °F); (2) freezers 

that have operating temperatures below 

32 °F and are tested at a rating 

temperature of 0 °F (±2 °F); and (3) icecream freezers that have operating 

temperatures at or below ¥5 °F and are 

tested at a rating temperature of ¥15 °F 

(±2 °F). 10 CFR 431.64; id. 

§ 431.66(d)(1). 

In the 2012 test procedure final rule, 

DOE establishes provisions for testing 

equipment that is not capable of 

achieving the prescribed rating 

temperature for its respective equipment 

class. This equipment includes, for 

example, floral cases, which commonly 

feature operating temperatures of 40–50 

°F, and ice storage cases, which often 

have operating temperatures near 20 °F. 

These equipment types do not have 

operating temperatures that are low 

enough to meet their respective rating 

temperature requirements. The 2012 test 

procedure amendments specify that 

such equipment must be tested at its 

lowest application product temperature 

(LAPT), instead of the specified rating 

temperature for its given equipment 

class. 77 FR at 10320 (Feb. 21, 2012). 

DOE regulations at 10 CFR 431.62 

define LAPT as an integrated average 

temperature closest to the specified 

rating temperature for a given piece of 

equipment achievable which is 

repeatable such that the integrated 

average temperature of a given unit is 

within ±2 °F of the average of all 

integrated average temperature values 

for that basic model. For cases with 

thermostats, this will be the lowest 

thermostat set point. DOE adopted this 

provision to eliminate the need for 

waivers for commercial refrigeration 

equipment that are not capable of 

operating at the prescribed rating 

temperature for their equipment class, 

but that otherwise can be tested in 

accordance with the DOE test 

procedure. 

To clarify, if a certain basic model of 

commercial refrigeration equipment 

cannot be operated at the prescribed 

rating temperature for its given 

equipment class, the manufacturer must 

test the equipment at the LAPT. The 

equipment must be tested in accordance 

with all the requirements of the DOE 

test procedure, except that the rating 

temperature for this equipment will be 

the LAPT and the integrated average 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64309 

11Honeycomb area and deck pans are examples 

of internal, solid components of commercial 

refrigeration equipment that are integral to 

operation of the unit, but may impact the view of 

product for open to closed transparent cases. 

‘‘Honeycomb’’ is a term in trade for the material of 

which air grilles are often built, and deck pans are 

solid structures used to hold product stored inside 

a case. 

temperature measured during the test 

will be within ±2 °F of the LAPT instead 

of within ±2 °F of the prescribed rating 

temperature for that equipment class. 

The LAPT is the lowest temperature 

at which a given basic model is capable 

of operating. For example, if a basic 

model of freezer has an operating range 

from 8 to 28 °F, and thus cannot operate 

at the prescribed rating temperature of 

0 °F, that basic model would be tested 

at its LAPT. The LAPT for the case in 

this example would be 8 °F because that 

is the lowest operating temperature 

achievable by the basic model. 

However, 8 °F would be the LAPT for 

the given basic model only if any unit 

of this basic model could achieve the 

specified LAPT of 8 °F ± 2 °F. To 

elaborate, if DOE were to randomly 

select a representative unit of this model 

to test for compliance purposes, DOE 

should be able to test the unit such that 

an integrated average temperature 

between 6 °F and 10 °F is maintained 

over the duration of the test procedure 

after setting the unit to maintain an 

internal refrigerated temperature of 8 °F. 

The selected unit must not be able to 

operate at 0 °F. 

To clarify the intent and application 

of the LAPT, DOE proposes to modify 

the definition of LAPT as follows as set 

out in the proposed amendments to 10 

CFR 431.62 in this NOPR. 

Although ASHRAE 72–2005 is 

currently evoked as the DOE method of 

test through DOE’s incorporation by 

reference of ARI 1200–2006 and AHRI 

1200–2010 as the test procedure for 

commercial refrigeration equipment, 

DOE has never specifically incorporated 

by reference ASHRAE 72–2005. Due to 

the explicit reference of ASHRAE 72– 

2005 in the proposed definition of LAPT 

in this NOPR, DOE proposes to 

incorporate by reference ASHRAE 72– 

2005 at 10 CFR 431.63. 

DOE requests comment on its 

proposed modification to the LAPT 

definition and its proposal to 

incorporate by reference ASHRAE 72– 

2005. 

As specified in the 2012 test 

procedure final rule, equipment tested 

in accordance with the LAPT provisions 

will still be subject to the relevant 

energy conservation standards for the 

designated equipment class. 77 FR at 

10302–10303 (Feb 21, 2012). In 

addition, equipment rated under the 

LAPT provision will be subject to the 

same certification requirements as all 

commercial refrigeration equipment, as 

specified at 10 CFR 429.42. While DOE 

did not modify the certification 

requirements for equipment tested at the 

LAPT in the 2012 test procedure final 

rule to require manufacturers to report 

the temperature at which the unit was 

tested (if other than the rating 

temperature), DOE requires that 

documentation to support the selection 

of the LAPT the manufacturer used for 

testing be maintained as part of the test 

data underlying the certification. 77 FR 

at 10303 (Feb. 21, 2012). Further, DOE 

requires that the certified ratings 

calculated from the test data and 

applicable sampling plans should reflect 

the energy consumption measured at the 

LAPT. 77 FR at 10303 (Feb. 21, 2012). 

H. Clarifications in Response to 

Interpretations to AHRI Standard 1200– 

2010 

In addition to responding to inquiries 

from interested parties regarding the test 

procedure for commercial refrigeration 

equipment, in this NOPR DOE also 

proposes to clarify its test procedure to 

respond to issues identified by several 

recent industry interpretations of the 

referenced industry test procedure, 

AHRI Standard 1200–2010. 

The 2012 test procedure final rule 

amends the DOE test procedure for 

commercial refrigeration equipment to 

reference AHRI Standard 1200–2010 as 

the method of test to be used as of the 

compliance date of any amended 

standards established as part of the 

ongoing energy conservation standards 

rulemaking. 77 FR at 10295–96 (Feb. 21, 

2012). 

Since publication of the 2012 test 

procedure final rule, AHRI has 

published five interpretations to AHRI 

Standard 1200–2010. Interpretations 1 

through 4 to AHRI Standard 1200–2010 

were issued by AHRI to clarify the 

method for calculation of TDA. While 

both ARI Standard 1200–2006 and AHRI 

Standard 1200–2010 provide 

instructions for calculation of TDA for 

standard equipment configurations, 

Interpretations 1, 2, 3, and 4 to AHRI 

Standard 1200–2010 extend this 

guidance to certain configurations for 

which AHRI believes the current 

industry standard may be inadequate. 

Interpretation 5 to AHRI Standard 1200– 

2010 clarifies the approach for testing 

commercial refrigeration equipment 

with two independent refrigeration 

sections. 

A summary of the five AHRI 

interpretations is laid out below: 

Interpretation 1 clarifies that the 

height measurement should be 

representative of the visible area of 

merchandise inside the case and should 

not include glass area if the ‘‘view’’ is 

blocked by solid features, such as a 

honeycomb area or deck pans11. 

Interpretation 2 clarifies that, for a 

refrigerator or freezer with multiple 

glass doors, the length measurement for 

TDA should be taken from inside wall 

to inside wall, including the door 

mullions and door frames. 

Interpretation 3 clarifies that silk 

screen-coated transparent material 

should be treated as transparent and 

included in TDA if the silk screen 

provides at least 65 percent light 

transmittance or if at least 65 percent of 

the screen area is transparent; 

otherwise, the silk screen-coated area 

should be treated as non-transparent 

and excluded. 

Interpretation 4 clarifies how to 

calculate the area and length of 

commercial refrigerators, freezers, and 

refrigerator-freezers with curved fronts. 

Interpretation 5 clarifies that for 

commercial refrigeration equipment 

with two independent refrigeration 

sections that each cool a separate 

compartment, each compartment and 

refrigeration system should be evaluated 

independently. 

For further details, AHRI’s 

Interpretations 1 through 5 of ANSI/

AHRI Standard 1200 (I–P)—2010 are 

available at www.ahrinet.org/

search+standards.aspx. 

Test procedure guidance developed 

and issued by industry regarding 

referenced industry standards can be 

helpful in identifying areas where 

DOE’s existing test procedures may be 

misinterpreted. As such, DOE has 

reviewed Interpretations 1, 2, 3, 4, and 

5 to AHRI Standard 1200–2010, which 

provide guidance on how to calculate 

TDA for certain unique equipment 

configurations, and believes 

Interpretations 1, 3, 4, and 5 of the AHRI 

Interpretations also apply to ARI 

Standard 1200–2006, which is 

incorporated by reference in the DOE 

test procedure. However, DOE finds that 

Interpretation 2 is inconsistent with the 

way DOE determines TDA for the 

purposes of compliance with energy 

conservation standards. 

DOE believes the figures provided in 

ARI Standard 1200–2006 and AHRI 

1200–2010, as incorporated by reference 

in the DOE test procedure, demonstrate 

how to calculate TDA for many specific 

equipment geometries. However, DOE 

recognizes that there is no clear 

statement of the principles one should 

apply when determining the TDA of a 

model in general. Accordingly, DOE is 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64310 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

12The ‘‘product zone’’ is a term used to denote 

the geometric region of a case which can be filled 

with product using the included racks, shelves, or 

other storage structures and without violating the 

manufacturer’s instructions regarding load limits or 

other constraints on product placement. 

considering clarifying the method for 

calculating TDA in the DOE test 

procedure. DOE’s method is based on 

defining TDA as the ‘‘projected visible 

area’’ and, as such, is consistent with 

Interpretation 1, which specifies that 

TDA should be the and should not 

include any transparent areas where the 

view is blocked by solid features. 

However, DOE’s method is not 

consistent with Interpretation 2, which 

includes solid features in the 

calculation of TDA, such as door frames 

and mullions. DOE’s method and the 

proposed clarifications are laid out in 

more detail below, in section III.I. 

Interpretation 3 describes how to treat 

silk screens and other semi-transparent 

coverings on transparent doors or 

panels. This interpretation relies on 

AHRI’s definition of transparent as 

greater than or equal to 65 percent light 

transmittance. DOE is not proposing 

additional modifications to the DOE test 

procedure beyond the definition of 

‘‘transparent’’ proposed in section 

III.B.2.i. 

Interpretation 4 provides guidance to 

determine the area and length of 

commercial refrigeration equipment 

with curved fronts. While DOE agrees 

with the interpretation, DOE notes that 

there are theoretically many cases with 

unusual geometries for which the 

existing language and diagrams in ARI 

Standard 1200–2006 and AHRI 

Standard 1200–2010 (as incorporated by 

reference into the DOE test procedure) 

are sufficient even though they are not 

depicted explicitly. Specifically, these 

standards contain appendices, such as 

appendix D of ARI 1200–2006, which 

provide, by means of detailed diagrams, 

instructions on how to measure the 

dimensions of a wide variety of 

commercial refrigeration equipment 

geometries. As a result, DOE does not 

propose further clarification of the DOE 

test procedure based on Interpretation 4. 

DOE also reviewed Interpretation 5, 

which clarifies the method for 

evaluating commercial refrigeration 

equipment with more than one 

refrigerated section and finds that 

AHRI’s Interpretation 5 is consistent 

with the DOE test procedure for these 

systems, as specified at 10 CFR 

431.66(d)(2)(i). This provision explains 

how to test commercial refrigeration 

equipment with more than one 

refrigerated sector; however, DOE 

welcomes comment on whether 

additional clarification in the regulatory 

text is necessary. 

I. Clarification of Methodology for 

Measuring Total Display Area 

In light of the publication of 

Interpretations 1, 2, and 4 to AHRI 

1200–2010, and as mentioned in section 

H, DOE recognizes that there may be 

ambiguity regarding the proper method 

for measuring the value of TDA under 

the DOE test procedure, which is used 

in calculating a given unit’s allowable 

maximum daily energy consumption 

under the applicable standard. ARI 

Standard 1200–2006 appendix D, as 

incorporated by reference by the DOE at 

10 CFR 431.63, provides a definition 

and instructions on measurement of 

TDA. Appendix D of ARI Standard 

1200–2006 defines TDA as follows: 

‘‘Total Display Area (TDA) is the sum 

of the projected area(s) for visible 

product.’’ 

Moreover, the standard provides a 

general equation for calculating the 

‘‘projected area(s),’’ in the form of: 

TDA = Dh*L + Ae, 

where 

Ae = Projected area from visible product 

through end walls 

Dh = Dimension of projected visible product 

L = Length of Commercial Refrigerated 

Display Merchandiser 

For the end walls (or sides) of display 

merchandisers, the projected area for 

visible products is represented by Ae. 

Figures D13 through D16 of appendix D 

of ARI Standard 1200–2006 and AHRI 

Standard 1200–2010 provide 

instructions on the measurement of Ae 

for various end wall types present in 

commercial refrigerated display 

merchandisers. These figures show that 

the area included in TDA includes only 

those areas through which displayed 

product is visible, irrespective of the 

presence of other transparent areas 

through which product cannot be 

viewed. These figures illustrate that the 

area to be included in the TDA 

calculation is the sum of the ‘‘projected 

area(s) for visible products.’’ 

For the front, back, or top faces of 

display merchandisers, the projected 

area for visible product is represented 

by Dh*L. In ARI Standard 1200–2006 

and AHRI Standard 1200–2010 

Standards, Figures D1 through D12 

provide instructions on the 

measurement of Dh for various 

equipment configurations, including 

different types of open cases and 

vertical multi-deck cases with 

transparent doors. However, they do not 

provide explicit instruction on the 

measurement of Dh for some case types, 

including horizontal single-deck 

merchandisers with transparent doors 

(i.e., those of the DOE equipment family 

‘‘horizontal closed transparent’’ or 

HCT). For case types not depicted in the 

figures, Dh should be measured 

consistently with the method described 

in the other figures and with the 

definition given in the introduction to 

the appendix. That is, Dh and L should 

be measured as the dimension of the 

projected visible product, representing 

the dimension through which product 

can be viewed irrespective of the 

presence of any additional transparent 

area through which product cannot be 

viewed. An example of this is a vertical 

multi-deck base with transparent doors, 

where the transparent areas of the door 

through which no transparent area is 

projected onto the product zone 12 (i.e., 

the areas through which no product 

loaded into the case could be directly 

seen when viewed in the plane; the 

upper and lower portions of the 

transparent area) are not to be included 

in Dh. 

The converse is also true—areas of the 

product zone which cannot be viewed 

as part of a direct projection through a 

transparent area are not to be included 

in any measurement of Dh. The term 

‘‘direct projection’’ refers to the view at 

an angle perpendicular to the plane of 

product presentation (facing area). 

Figure III.1 and Figure III.2 illustrate 

this concept, as they show 

configurations in which the product 

zone extends beyond the projected 

visible area and is thus not included in 

the measurement of Dh. The 

measurement of Dh in practice should 

be consistent with its definition as 

solely the ‘‘dimension of projected 

visible product.’’ 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64311 

ARI Standard 1200–2006 defines the 

third variable, ‘‘L’’, as the ‘‘length of 

commercial refrigerated display 

merchandiser’’. While the definition 

contains no figures or illustrations 

instructing a user how to perform this 

measurement, the value of L should be 

measured in a manner consistent with 

the definition of TDA that includes only 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.000</GPH>

Not induded in ~ 

rL, 

Not induded in ~ 

rL, 

Figure 111.1 In the above end view of a horizontal open display case, the distance "Db" is the 

dimension of the projected visible product, that being the dimension transverse to the length of the 

case through which product can be viewed. Note that areas of the product zone which cannot be 

viewed as part of a direct projection through the open top are not included in the measurement of 

Db' 

Transparent 

R-oduct Sop 

Figure 111.2 In the above end view of a service over counter display case, the distance "Db" 

is the dimension of the projected visible product, that being the dimension transverse to the length 

of the case through which product can be viewed. Note that areas of the product zone that cannot 

be viewed as part of a direct projection through the glass front, specifically that area obscured by 

the metal light cover, are not included in the measurement of Db. Conversely, note that the area 

visible through the transparent product stop is included, because product can be seen through it. 
64312 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

the ‘‘projected area(s) for visible 

product.’’ Therefore, the length L should 

be measured consistent with the 

methods given above for Dh, in that L 

should correspond to the total length of 

the transparent area of the merchandiser 

through which product can be seen. 

That is, L should be the total length, 

along the axis of the merchandiser, of 

portions through which product can be 

viewed from an angle normal to the 

transparent area (i.e., the projected 

linear dimension(s) of visible product). 

Areas of opaque material which 

overhang the product zone, as well as 

areas of transparent material which do 

not project upon a zone occupied by 

product, should not be included in this 

length. This method of measurement is 

depicted in Figure III.3, and is 

consistent with the instruction given for 

calculation of Dh by Figure III.1 and 

Figure III.2. 

To clarify the calculation of TDA for 

the purposes of conducting the DOE test 

procedure, DOE proposes to add 

clarifying text to the test procedure 

explaining that the measurement of 

TDA should be representative of the 

‘‘dimension of projected visible 

product’’ and that no opaque materials 

or areas of transparent material through 

which product cannot be viewed should 

be included in the calculation of TDA. 

DOE also proposes to add Figure III.1, 

Figure III.2, and Figure III.3 to the 

regulatory text in the CFR. 

DOE believes that this proposal is a 

clarification of DOE’s existing test 

procedure and should not change the 

measured energy consumption of 

covered equipment. Therefore, DOE 

proposes to include these amendments 

in both appendix A, which is the test 

procedure currently required for 

equipment testing, and appendix B, 

which will be required for testing on the 

compliance date of any amended energy 

conservation standards established as 

part of the ongoing CRE energy 

conservation standards rulemaking 

(Docket No. EERE–2010–BT–STD– 

0003). 

J. Compliance Date of Test Procedure 

Amendments 

In this NOPR, DOE also proposes to 

reorganize the test procedure 

requirements at 10 CFR 431.64 so they 

are easier to understand and to update 

the compliance date to reflect the fact 

that the publication of the final rule for 

the ongoing energy conservation 

standards rulemaking has been 

extended. (Docket No. EERE–2010–BT– 

STD–0003). 

EPCA prescribes that if any 

rulemaking amends a test procedure, 

DOE must determine to what extent, if 

any, the proposed test procedure would 

alter the measured energy efficiency of 

any covered equipment as determined 

under the existing test procedure. (42 

U.S.C. 6314(a)(6)) Further, if DOE 

determines that the amended test 

procedure would alter the measured 

efficiency of covered equipment, DOE 

must amend the applicable energy 

conservation standard accordingly. (42 

U.S.C. 6314(a)(6)) 

In the 2012 test procedure final rule, 

DOE states that some test procedure 

amendments will change the measured 

energy consumption of some covered 

equipment. 77 FR at 10295 and 10309 

(Feb. 21, 2012). Specifically, DOE 

determined the provisions to 

accommodate testing of night curtains 

and lighting occupancy sensors and 

controls altered the measured energy 

consumption of covered equipment. 77 

FR at 10309 (Feb. 21, 2012). As such, 

DOE establishes in the 2012 test 

procedure final rule that use of the 

amended test procedure for compliance 

with DOE energy conservation 

standards or representations with 

respect to energy consumption of 

commercial refrigeration equipment 

would be required on the compliance 

date of any revised energy conservation 

standards, which are being considered 

in an ongoing energy conservation 

standards rulemaking (Docket No. 

EERE–2010–BT–STD–0003). 77 FR at 

10309 (Feb. 21, 2012). 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.001</GPH>
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64313 

To improve clarity, DOE is proposing 

to reorganize the language at 10 CFR 

431.64 into appendices A and B. 

Appendix A contains the test procedure 

for commercial refrigeration equipment 

established in the 2006 test procedure 

final rule. DOE proposes to include the 

amended test procedure, established in 

the 2012 test procedure final rule, in 

appendix B, which will be required to 

be used on the compliance date of any 

amended standards established in the 

ongoing energy conservation standards 

rulemaking (Docket No. EERE–2010– 

BT–STD–0003). 

DOE believes this reorganization will 

help clarify the applicability of various 

test procedure provisions with respect 

to the standards compliance dates. DOE 

requests comment on the reorganization 

of the test procedure requirements at 10 

CFR 431.64 into appendix A and 

appendix B. 

The test procedure amendments 

established in the 2012 test procedure 

final rule became effective on March 22, 

2012. 77 FR at 10292 (Feb. 21, 2012). 

However, as previously mentioned, the 

2012 amendments are to be used in 

conjunction with any amended 

standards promulgated as a result of the 

ongoing energy conservation standards 

rulemaking (Docket No. EERE–2010– 

BT–STD–0003). As such, use of the 

amended test procedure in appendix B 

will be required to show compliance 

with DOE energy conservation 

standards or to make representations 

with respect to energy consumption of 

commercial refrigeration equipment on 

the compliance date of any revised 

energy conservation standards 

established as part of the ongoing energy 

conservation standards rulemaking. 

(Docket No. EERE–2010–BT–STD– 

0003). DOE proposes to update the 

compliance date referenced in 10 CFR 

431.64 to be consistent with the 

compliance date of any amended 

standards adopted as a result of the 

ongoing energy conservation standards 

rulemaking. DOE will clarify the 

compliance date of the test procedure 

amendments proposed in appendix B in 

the appropriate rulemaking document. 

IV. Regulatory Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that test 

procedure rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735 (Oct. 4, 1993). Accordingly, this 

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the OMB. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IRFA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site: http://energy.gov/

gc/office-general-counsel. 

DOE reviewed today’s proposed rule 

to amend the test procedure for 

commercial refrigeration equipment, 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE certifies that the proposed 

rule, if adopted, would not result in a 

significant impact on a substantial 

number of small entities. The factual 

basis for this certification is set forth 

below. 

For the commercial refrigeration 

industry, the Small Business 

Association (SBA) has set a size 

threshold, which defines those entities 

classified as ‘‘small businesses’’ for the 

purpose of the statute. DOE used the 

SBA’s size standards to determine 

whether any small entities would be 

required to comply with the rule. The 

size standards are codified at 13 CFR 

part 121. The standards are listed by 

North American Industry Classification 

System (NAICS) code and industry 

description and are available at http:// 

www.sba.gov/sites/default/files/files/

Size_Standards_Table.pdf. Commercial 

refrigeration equipment manufacturing 

is classified under NAICS 333415, ‘‘AirConditioning and Warm Air Heating 

Equipment and Commercial and 

Industrial Refrigeration Equipment 

Manufacturing.’’ Small entities within 

this industry description are those with 

750 employees or fewer. 

DOE conducted a market survey to 

determine whether any small business 

manufacturers of equipment would be 

covered by this rulemaking. During its 

market survey, DOE used all available 

public information to identify potential 

small manufacturers. DOE’s research 

involved the review of industry trade 

association membership directories 

(including AHRI), equipment databases 

(e.g., Federal Trade Commission (FTC), 

the Thomas Register, California Energy 

Commission (CEC), and ENERGY STAR 

databases), individual company Web 

sites, and marketing research tools (e.g., 

Dunn and Bradstreet reports, Manta) to 

create a list of companies that 

manufacture or sell commercial 

refrigeration equipment covered by this 

rulemaking. DOE also referred to a list 

of small businesses that manufacture 

commercial refrigeration equipment, 

supplied by Traulsen in a written 

comment provided in response to the 

NOPR proposing amendments to the 

DOE test procedure for commercial 

refrigeration equipment published 

November 24, 2010 (Docket No. EERE– 

2010–BT–TP–0034, Traulsen, No. 9 at 

pp. 4–5). Using these sources, DOE 

identified 61 manufacturers of 

commercial refrigeration equipment. 

DOE then reviewed this data to 

determine whether the entities met the 

SBA’s definition of a small business 

manufacturer of commercial 

refrigeration equipment and screened 

out companies that do not offer 

equipment covered by this rulemaking, 

do not meet the definition of a ‘‘small 

business,’’ or are foreign owned and 

operated. Based on this review, DOE has 

identified 26 companies that would be 

considered small manufacturers and 

will be directly regulated by this rule, 

which represents 43% of national CRE 

manufacturers. Although 43% would be 

considered a substantial number of 

small entities, further analysis of 

incremental costs associated with this 

rulemaking determined no significant 

impact on these manufacturers. 

Specifically, the proposed changes to 

the test procedure consist only of 

clarifications regarding: 

1. The applicability of the test 

procedure and related energy 

conservation standards to certain types 

of equipment; 

2. the definitions of hybrid 

commercial refrigeration equipment, 

commercial refrigeration equipment 

with drawers, and commercial 

refrigeration equipment with solid and/ 

or transparent doors; 

3. the relationship among the rating 

temperature, operating temperature, and 

integrated average temperature; 

4. the proper configuration and use of 

energy management systems, lighting 

controls, and test packages in the DOE 

test procedure for commercial 

refrigeration equipment; 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64314 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

5. the treatment of various features, 

components, and accessories under the 

DOE test procedure; 

6. the rounding requirements for test 

results and certified ratings; 

7. the provision adopted in the 2012 

test procedure final rule to allow testing 

at the lowest application product 

temperature for equipment that cannot 

operate at the prescribed rating 

temperature for its equipment class; 

8. clarifications raised by 

Interpretations 1, 2, 3, 4, and 5 of AHRI 

Standard 1200–2010; 

9. the methodology used to determine 

total display area; and 

10. the compliance date of certain 

amendments established in the 2012 test 

procedure final rule. 

All commercial refrigeration 

equipment covered by this rule is 

currently required to be tested using the 

DOE test procedure to show compliance 

with established energy conservation 

standards. The DOE test procedure 

manufacturers must use to demonstrate 

compliance with existing standards is 

that established in the 2006 test 

procedure final rule, which references 

AHRI Standard 1200–2006 and AHAM 

HRF–1–2004. This test procedure 

consists of one 24-hour test at standard 

rating conditions to determine daily 

energy consumption. 

The 2012 test procedure final rule 

amends the test procedure for 

commercial refrigeration equipment to 

update the referenced industry test 

procedures to their most current 

versions (AHRI Standard 1200–2010 

and AHAM HRF–1–2008); incorporates 

provisions for testing certain energy 

efficiency features, including night 

curtains and lighting occupancy sensor 

and scheduled controls; and provides a 

test procedure for specialty equipment 

that cannot be tested at the prescribed 

rating temperature. As part of that 

rulemaking, DOE considered the burden 

associated with the test procedure 

amendments and certified that the rule 

would not have a ‘‘significant economic 

impact on a substantial number of small 

entities,’’ and the preparation of a 

regulatory flexibility analysis was not 

warranted. 77 FR 10292, 10314–10316 

(Feb. 21, 2012). 

The test procedure amendments 

proposed in today’s notice of proposed 

rulemaking serve only to reorganize and 

clarify the existing requirements in the 

DOE test procedure, both those 

established in the 2006 test procedure 

final rule and those established in the 

2012 test procedure final rule; they do 

not alter or affect any of the test 

procedure requirements or provisions in 

any way. DOE does not believe that the 

proposed test procedure amendments 

would affect the way in which any 

covered commercial refrigeration 

equipment is tested, nor would they 

impact the burden of conducting such a 

test. Based on this factual basis, DOE 

believes that the proposed test 

procedure amendments would not have 

a significant economic impact on a 

substantial number of small entities, 

and the preparation of a regulatory 

flexibility analysis is not required. DOE 

will transmit the 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). 

DOE requests comment on its 

certification that the proposed test 

procedure changes will not have a 

significant impact on a substantial 

number of small entities. 

C. Review Under the Paperwork 

Reduction Act 

Manufacturers of commercial 

refrigeration equipment must certify to 

DOE that their products comply with 

any applicable energy conservation 

standards. In certifying compliance, 

manufacturers must test their products 

according to the DOE test procedure for 

commercial refrigeration equipment, 

including any amendments adopted for 

that test procedure. DOE has established 

regulations for the certification and 

recordkeeping requirements for all 

covered consumer products and 

commercial equipment, including 

commercial refrigeration equipment. 76 

FR 12422 (March 7, 2011). The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

Act (PRA). This requirement has been 

approved by OMB under OMB Control 

Number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 20 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act 

In this proposed rule, DOE proposes 

amendments its test procedure for 

commercial refrigeration equipment that 

may be used to implement future energy 

conservation standards or for 

certification of equipment under current 

energy conservation standards. DOE has 

determined that this rule falls into a 

class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

1969 (NEPA; 42 U.S.C. 4321 et seq.). 

The rule is covered by Categorical 

Exclusion A5, for rulemakings that 

interpret or amend an existing rule 

without changing the environmental 

effect, as set forth in DOE’s NEPA 

regulations in appendix A to subpart D, 

10 CFR part 1021. This rule will not 

affect the quality or distribution of 

energy usage and therefore will not 

result in any environmental impacts. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (Aug. 4, 1999), imposes 

certain requirements on 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 

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 

today’s 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. 

6297(d)) No further action is required by 

Executive Order 13132. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64315 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

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. Section 3(b) of 

Executive Order 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 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 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, the proposed 

rule meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA; Pub. 104– 

4) requires each Federal agency to assess 

the effects of Federal regulatory actions 

on State, local, and Tribal governments 

and the private sector. For proposed 

regulatory actions likely to result in a 

rule that may cause expenditures 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 estimates of 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 proposed ‘‘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 small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. (This policy is 

also available at http://energy.gov/gc/

office-general-counsel.) DOE reviewed 

today’s proposed rule pursuant to 

UMRA and its policy and determined 

that the rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements 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 

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 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights,’’ 53 FR 8859 

(March 15, 1988), that this proposed 

regulation, if promulgated as a final 

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 agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. The OMB’s 

guidelines were published in 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published in 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

today’s 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 

Executive Order 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, Office of 

Management and Budget, a Statement of 

Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated 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 (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

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. Today’s regulatory 

action would not have a significant 

adverse effect on the supply, 

distribution, or use of energy and 

therefore it is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91), DOE must comply with section 32 

of the Federal Energy Administration 

Act of 1974 (Pub. L. 93–275), as 

amended by the Federal Energy 

Administration Authorization Act of 

1977. When a proposed rule contains or 

involves use of commercial standards, 

the rulemaking must inform the public 

of the use and background of such 

standards. (15 U.S.C. 788 Section 32) 

The proposed rule incorporates 

testing methods contained in ASTM 

Standard E 1084–86 (Reapproved 2009), 

‘‘Standard Test Method for Solar 

Transmittance (Terrestrial) of Sheet 

Materials Using Sunlight’’ and ASHRAE 

72–2005, ‘‘Method of Testing 

Commercial Refrigerators and Freezers.’’ 

DOE has evaluated these standards and 

is unable to conclude whether they fully 

comply with the requirements of section 

323(b) of the Federal Energy 

Administration Act (i.e., whether they 

were developed in a manner that fully 

provides for public participation, 

comment, and review). 

As required by section 32(c) of the 

Federal Energy Administration Act of 

1974 as amended, DOE will consult 

with the Attorney General and the 

Chairman of the Federal Trade 

Commission about the impact on 

competition of using the methods 

contained in these standards before 

prescribing a final rule. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64316 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

V. Public Participation 

A. Attendance at Public Meeting 

The time, date and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this document. If you plan to attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945 or 

Brenda.Edwards@ee.doe.gov. 

Please note that foreign nationals 

visiting DOE Headquarters are subject to 

advance security screening procedures. 

Any foreign national wishing to 

participate in the meeting should advise 

DOE as soon as possible by contacting 

Ms. Edwards to initiate the necessary 

procedures. Please also note that those 

wishing to bring laptops into the 

Forrestal Building will be required to 

obtain a property pass. Visitors should 

avoid bringing laptops, or allow an extra 

45 minutes. 

In addition, you can attend the public 

meeting via webinar. Webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants will be published on DOE’s 

Web site https://www1.eere.energy.gov/

buildings/appliance_standards/

product.aspx/productid/52. 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 notice of proposed 

rulemaking. The request and advance 

copy of statements must be received at 

least one week before the public 

meeting and may be emailed, handdelivered, or sent by mail. DOE prefers 

to receive requests and advance copies 

via email. Please include a telephone 

number to enable DOE staff to make a 

follow-up contact, if needed. 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting 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. After the public meeting 

and until the end of the comment 

period, interested parties may submit 

further comments on the proceedings 

and any aspect of the rulemaking. 

The public meeting will be conducted 

in an informal, conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for prepared general 

statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

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 permit, 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 and 

comment on statements made by others. 

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 

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 above procedures that may be 

needed for the proper conduct of the 

public meeting. 

A transcript of the public meeting will 

be included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice of 

proposed rulemaking. 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 proposed 

rule before or after the public meeting, 

but no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this notice of 

proposed rulemaking. 

Any comments submitted must 

identify the NOPR for Test Procedure 

for Commercial Refrigeration Equipment 

and provide docket number EERE– 

2013–BT–TP–0025 and/or regulatory 

information number (RIN) number 

1904–AC99. 

Submitting comments via 

regulations.gov. The regulations.gov 

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. 

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 regulations.gov 

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 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site 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 regulations.gov 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 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

regulations.gov. 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 

contact information on a cover letter. 

Include your first and last names, email 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64317 

address, telephone number, and 

optional mailing address. 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. If you 

submit via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (faxes) will be 

accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and 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. 

According 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, postal mail, or 

hand delivery 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. 

Submit these documents via email or on 

a CD, if feasible. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include: (1) 

A description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s 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 Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. DOE requests comment on the 

proposed definition for chef base or 

griddle stand. 

2. DOE requests comment on its 

proposed definition of ‘‘door,’’ and, in 

particular, its specification that the term 

is inclusive of drawers. 

3. DOE requests comments from 

interested parties on the proposal to 

define ‘‘transparent’’ based on the 

optical properties of the material, as 

determined by ASTM E 1084–86 

(Reapproved 2009) as incorporated by 

reference. 

4. DOE requests comment on its 

proposed definitions of the terms 

‘‘closed transparent’’ and ‘‘closed 

solid.’’ 

5. DOE requests comment on the 

clarity and sufficiency of the proposed 

definitions for ‘‘commercial hybrid’’ and 

‘‘commercial refrigerator-freezer.’’ 

6. DOE requests comment on its 

proposed definitions for ‘‘operating 

temperature’’ and ‘‘rating temperature,’’ 

and its proposal to clarify the 

relationship between integrated average 

temperature and rating temperature. 

DOE also requests comment on its 

proposed definitions of ‘‘commercial 

refrigerator’’ and ‘‘commercial freezer.’’ 

7. DOE requests comment on its 

proposed rounding provisions for 

commercial refrigeration equipment. 

8. DOE requests comment on its 

proposed modification to the definition 

of LAPT and its proposal to incorporate 

by reference ASHRAE 72–2005. 

9. DOE requests comment on the 

reorganization of the test procedure 

requirements at 10 CFR 431.64 into 

appendix A and appendix B to subpart 

C of 10 CFR part 431. 

10. DOE requests comment on its 

certification that the proposed test 

procedure changes will not have a 

significant impact on a substantial 

number of small entities. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed rule. 

List of Subjects in 10 CFR Parts 429 and 

431 

Administrative practice and 

procedure, Confidential business 

information, Test procedures, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

Issued in Washington, DC, on September 

30, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons set forth in the 

preamble, DOE proposes to amend part 

429 and 431 of chapter II of title 10, of 

the Code of Federal Regulations, to read 

as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

§ 429.42 [Amended] 

■ 2. Section 429.42 is amended by 

adding in paragraphs (b)(2)(i), (ii), and 

(iii), the words ‘‘increments of 0.01’’ 

before the phrase ‘‘kilowatt hours per 

day (kWh/day).’’ 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 3. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 4. Section 431.62 is amended by: 

■ a. Removing the definition for 

‘‘commercial hybrid refrigerator, freezer, 

and refrigerator-freezer;’’ 

■ b. Adding in alphabetical order the 

definitions for ‘‘chef base or griddle 

stand,’’ ‘‘closed solid,’’ ‘‘closed 

transparent,’’ ‘‘commercial freezer,’’ 

‘‘commercial hybrid,’’ ‘‘commercial 

refrigerator,’’ ‘‘commercial refrigeratorfreezer,’’ ‘‘door,’’ ‘‘operating 

temperature,’’ ‘‘rating temperature,’’ and 

‘‘transparent;’’ 

■ c . Revising the definition for ‘‘lowest 

application product temperature.’’ 

The additions and revision read as 

follows: 

§ 431.62 Definitions concerning 

commercial refrigerators, freezers and 

refrigerator-freezers. 

* * * * * 

Chef base or griddle stand means 

commercial refrigeration equipment that 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64318 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

is designed and marketed for the 

express purpose of having a griddle or 

other cooking equipment placed on top 

of it that is capable of reaching 

temperatures hot enough to cook food. 

Closed solid means equipment with 

doors, and in which more than 75 

percent of the outer surface area of all 

doors on a unit are not transparent. 

Closed transparent means equipment 

with doors, and in which 75 percent or 

more of the outer surface area of all 

doors on the unit are transparent. 

Commercial freezer means a unit of 

commercial refrigeration equipment in 

which all refrigerated compartments in 

the unit are capable of operating below 

32 °F. 

Commercial hybrid means a unit of 

commercial refrigeration equipment 

(1) Consisting of two or more 

refrigerated compartments that are in 

two or more different equipment 

families, and 

(2) Which is sold as a single unit. 

Commercial refrigerator means a unit 

of commercial refrigeration equipment 

in which all refrigerated compartments 

in the unit are capable of operating at or 

above 32 °F. 

Commercial refrigerator-freezer means 

a unit of commercial refrigeration 

equipment consisting of two or more 

refrigerated compartments where at 

least one refrigerated compartment is 

capable of operating at or above 32 °F 

and at least one refrigerated 

compartment is capable of operating 

below 32 °F. 

* * * * * 

Door. (1) Door means a movable panel 

that: 

(i) Separates the interior volume of a 

unit of commercial refrigeration 

equipment from the ambient 

environment, 

(ii) Is designed to facilitate access to 

the refrigerated space for the purpose of 

loading and unloading product, and 

(iii) Is affixed such that it is not 

removable without the use of tools. 

(2) This includes hinged doors, 

sliding doors, and drawers. 

* * * * * 

Lowest application product 

temperature means the lowest 

integrated average temperature at which 

a given basic model is capable of 

consistently operating (i.e., maintaining 

so as to comply with the steady-state 

stabilization requirements specified in 

ASHRAE 72–2005 (as incorporated by 

reference, see § 431.63) for the purposes 

of testing under the DOE test 

procedure). 

* * * * * 

Operating temperature means the 

range of integrated average temperatures 

at which a commercial refrigeration unit 

is capable of operating. 

* * * * * 

Rating temperature means the 

integrated average temperature a unit 

must maintain during testing (i.e., either 

as listed in the table at § 431.66(d)(1) or 

the lowest application product 

temperature). 

* * * * * 

Transparent means greater than or 

equal to 65 percent light transmittance, 

as determined in accordance with the 

ASTM Standard E 1084–86 (Reapproved 

2009), ‘‘Standard Test Method for Solar 

Transmittance (Terrestrial) of Sheet 

Materials Using Sunlight,’’ (as 

incorporated by reference, see § 431.63) 

at normal incidence. 

* * * * * 

■ 5. Section 431.63 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 431.63 Materials incorporated by 

reference. 

* * * * * 

(d) ASTM. ASTM International, 100 

Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA, 19428, (877) 909– 

2786, or go to http://www.astm.org/. 

(1) ASTM Standard E 1084, ‘‘Standard 

Test Method for Solar Transmittance 

(Terrestrial) of Sheet Materials Using 

Sunlight,’’ 1986 (Reapproved 2009), IBR 

approved for § 431.62. 

(2) [Reserved] 

(e) ASHRAE. The American Society of 

Heating, Refrigerating, and AirConditioning Engineers, Inc., 1971 

Tullie Circle, NE., Atlanta, GA 30329, or 

http://www.ashrae.org/. 

(1) ASHRAE 72, ‘‘Method of Testing 

Commercial Refrigerators and Freezers,’’ 

2005, IBR approved for §§ 431.62 and 

431.64. 

(2) [Reserved] 

■ 6. Section 431.64 is amended by 

revising paragraph (b) to read as follows: 

§ 431.64 Uniform test method for the 

measurement of energy consumption of 

commercial refrigerators, freezers, and 

refrigerator-freezers. 

* * * * * 

(b) Testing and calculations. 

Determine the daily energy 

consumption of each covered 

commercial refrigerator, freezer, or 

refrigerator-freezer by conducting the 

appropriate test procedure set forth 

below, in appendix A or B to this 

subpart. The daily energy consumption 

of commercial refrigeration equipment 

shall be calculated using raw measured 

values and the final test results shall be 

reported in increments of 0.01 kWh/day. 

■ 7. Section 431.66 is amended by 

adding paragraph (f) to read as follows: 

§ 431.66 Energy conservation standards 

and their effective dates. 

* * * * * 

(f) Exclusions. The energy 

conservation standards in paragraphs (b) 

through (e) of this section do not apply 

to salad bars, buffet tables, and chef 

bases or griddle stands. 

■ 8. Add Appendixes A and B to 

Subpart C to read as follows: 

Appendix A to Subpart C of Part 431— 

Uniform Test Method for the 

Measurement of Energy Consumption of 

Commercial Refrigerators, Freezers, 

and Refrigerator-Freezers 

Note: After [DATE 180 DAYS AFTER 

PUBLICATION OF THE FINAL RULE IN 

THE FEDERAL REGISTER], any 

representations made with respect to the 

energy use or efficiency of commercial 

refrigeration equipment must be made in 

accordance with the results of testing 

pursuant to this appendix. 

Manufacturers conducting tests of 

commercial refrigeration equipment after 

[DATE 30 DAYS AFTER PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL 

REGISTER] and prior to [DATE 180 DAYS 

AFTER PUBLICATION OF THE FINAL RULE 

IN THE FEDERAL REGISTER], must conduct 

such test in accordance with either this 

appendix or § 431.64 as it appeared at 10 CFR 

part 430, subpart B, in the 10 CFR parts 200 

to 499 edition revised as of January 1, 2013. 

Any representations made with respect to the 

energy use or efficiency of such commercial 

refrigeration equipment must be in 

accordance with whichever version is 

selected. Given that after [DATE 180 DAYS 

AFTER PUBLICATION OF THE FINAL RULE 

IN THE FEDERAL REGISTER] 

representations with respect to the energy 

use or efficiency of dehumidifiers must be 

made in accordance with tests conducted 

pursuant to this appendix, manufacturers 

may wish to begin using this test procedure 

as soon as possible. 

1. Test Procedure 

1.1. Determination of Daily Energy 

Consumption. Determine the daily energy 

consumption of each covered commercial 

refrigerator, freezer, refrigerator-freezer or 

ice-cream freezer by conducting the test 

procedure set forth in the Air-Conditioning 

and Refrigeration Institute (ARI) Standard 

1200–2006, ‘‘Performance Rating of 

Commercial Refrigerated Display 

Merchandisers and Storage Cabinets,’’ 

section 3, ‘‘Definitions,’’ section 4, ‘‘Test 

Requirements,’’ and section 7, ‘‘Symbols and 

Subscripts’’ (incorporated by reference, see 

§ 431.63). For each commercial refrigerator, 

freezer, or refrigerator-freezer with a selfcontained condensing unit, also use ARI 

Standard 1200–2006, section 6, ‘‘Rating 

Requirements for Self-contained Commercial 

Refrigerated Display Merchandisers and 

Storage Cabinets.’’ For each commercial 

refrigerator, freezer, or refrigerator-freezer 

with a remote condensing unit, also use ARI 

Standard 1200–2006, section 5, ‘‘Rating 

Requirements for Remote Commercial 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64319 

Refrigerated Display Merchandisers and 

Storage Cabinets.’’ 

1.2. Additional Specifications for Testing 

of Components and Accessories. All standard 

components that would be used during 

normal operation of the basic model in the 

field shall be installed and used during 

testing as recommended by the manufacturer 

and representative of their typical operation 

in the field unless such installation and 

operation is inconsistent with any 

requirement of the test procedure. The 

specific components and accessories listed in 

the subsequent sections shall be operated as 

stated during the test. 

1.2.1. Energy Management Systems. 

Applicable energy management systems may 

be activated during the test procedure 

provided they are permanently installed on 

the case, configured as sold in such a manner 

so as to operate automatically without the 

intervention of the operator, and do not 

conflict with any of other requirements for a 

valid test as specified in this appendix. 

1.2.2. Lighting. Energize all lighting, except 

customer display signs/lights as described in 

section 1.2.3 and UV lighting as described in 

section 1.2.6 of this appendix, to the 

maximum illumination level for the duration 

of testing. However, if a closed solid unit of 

commercial refrigeration equipment includes 

an automatic lighting control system which 

can turn of internal case lighting when the 

door is closed, and the manufacturer 

recommends the use of this system, then the 

lighting control should be operated in the 

automatic setting, even if the model has a 

manual switch that disables the automatic 

lighting control. 

1.2.3. Customer display signs/lights. Do not 

energize supplemental lighting that exists 

solely for the purposes of advertising or 

drawing attention to the case and is not 

integral to the case. 

1.2.4 Condensate pan heaters and pumps. 

All electric resistance condensate heaters and 

condensate pumps must be installed and 

operational during the test. This includes the 

stabilization period (including pull-down), 

steady-state, and performance testing 

periods. Prior to the start of the stabilization 

period as defined by ASHRAE 72–2005 

(incorporated by reference, see § 431.63), the 

condensate pan must be dry. Following the 

start of the stabilization period, allow any 

condensate moisture generated to accumulate 

in the pan. Do not manually add or remove 

water from the condensate pan at any time 

during the test. 

1.2.5 Anti-sweat door heaters. Anti-sweat 

door heaters must be operational during the 

entirety of the test procedure. Models with a 

user-selectable setting must have the heaters 

energized and set to the maximum usage 

position. Models featuring an automatic, nonuser-adjustable controller that turns on or off 

based on environmental conditions must be 

operating in the automatic state. If a unit is 

not shipped with a controller from the point 

of manufacture and is intended to be used 

with an automatic, non-user-adjustable 

controller, test the unit with a manufacturerrecommended controller that turns on or off 

based on environmental conditions. 

1.2.6 Ultraviolet lights. Do not energize 

ultraviolet lights during the test. 

1.2.7 Illuminated temperature displays and 

alarms. All illuminated temperature displays 

and alarms shall be energized and operated 

during the test as they would be during 

normal field operation. 

1.2.8 Condenser filters. Remove any 

nonpermanent filters provided to prevent 

particulates from blocking a model’s 

condenser coil. 

1.2.9 Refrigeration system security covers. 

Remove any devices used to secure the 

condensing unit. 

1.2.10 Night curtains and covers. Do not 

deploy night curtains or covers. 

1.2.11 Grill options. Remove any optional, 

non-standard grills used to direct airflow. 

1.2.12 Misting or humidification systems. 

Misting or humidification systems must be 

inactive during the test. 

1.2.13 Air purifiers. Air purifiers must be 

inactive during the test. 

1.2.14 General purpose outlets. During the 

test, do not connect any external load to any 

general purpose outlets contained within a 

unit. 

1.2.15 Crankcase heaters. Crankcase 

heaters must be operational during the test. 

If a control system, such as a thermostat or 

electronic controller, is used to modulate the 

operation of the crankcase heater, it must be 

activated during the test. 

2. Test Conditions 

2.1. Integrated Average Temperatures. 

Conduct the testing required in section 1 and 

2 of this appendix A, and determine the daily 

energy consumption at the applicable 

integrated average temperature as found in 

the following table. 

Category Test procedure Integrated average temperature 

(i) Refrigerator with Solid Door(s) ..................................... ARI Standard 1200–20061 38 °F (±2 °F). 

(ii) Refrigerator with Transparent Door(s) ......................... ARI Standard 1200–20061 38 °F (±2 °F). 

(iii) Freezer with Solid Door(s) .......................................... ARI Standard 1200–20061 0 °F (±2 °F). 

(iv) Freezer with Transparent Door(s) .............................. ARI Standard 1200–20061 0 °F (±2 °F). 

(v) Refrigerator-Freezer with Solid Door(s) ...................... ARI Standard 1200–20061 38 °F (±2 °F) for refrigerator compartment. 

0 °F (±2 °F) for freezer compartment. 

(vi) Commercial Refrigerator with a Self-Contained Condensing Unit Designed for Pull-Down Temperature Applications and Transparent Doors.ARI Standard 1200–20061 38 °F (±2 °F). 

(vii) Ice-Cream Freezer ..................................................... ARI Standard 1200–2006 1 ¥15.0 °F (±2 °F). 

(viii) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Self-Contained Condensing Unit and 

without Doors.

ARI Standard 1200–20061 (A) 0 °F (±2 °F) for low temperature applications. 

(B) 38 °F (±2 °F) for medium temperature applications. 

(ix) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Remote Condensing Unit.ARI Standard 1200–20061 (A) 0 °F (±2 °F) for low temperature applications. 

(B) 38 °F (±2 °F) for medium temperature applications. 

1Incorporated by reference, see § 431.63. 

2.2. Lowest Application Product 

Temperature. If a unit of commercial 

refrigeration equipment is not able to be 

operated at the integrated average 

temperature specified in the table in 

paragraph 2.1, test the unit at the lowest 

application product temperature (LAPT), as 

defined in § 431.62. For units equipped with 

a thermostat, LAPT is the lowest thermostat 

setting. For remote condensing equipment 

without a thermostat or other means of 

controlling temperature at the case, the 

lowest application product temperature is the 

temperature achieved with the adjusted dew 

point temperature (as defined in AHRI 

Standard 1200 (I–P)-2010) set to 5 degrees 

colder than that required to maintain the 

manufacturer’s lowest specified operating 

temperature. 

3. Volume and Total Display Area 

3.1. Determination of Volume. Determine 

the volume of a commercial refrigerator, 

freezer, refrigerator-freezer, or ice-cream 

freezer using the method set forth in the 

ANSI/AHAM HRF–1–2004, ‘‘Energy, 

Performance and Capacity of Household 

Refrigerators, Refrigerator-Freezers and 

Freezers’’ (incorporated by reference, see 

§ 431.63), section 3.21, ‘‘Volume,’’ sections 

4.1 through 4.3, ‘‘Method for Computing 

Total Refrigerated Volume and Total Shelf 

Area of Household Refrigerators and 

Household Wine Chillers,’’ and sections 5.1 

through 5.3, ‘‘Method for Computing Total 

Refrigerated Volume and Total Shelf Area of 

Household Freezers.’’ 

3.2 Determination of Total Display Area. 

Determine the total display area of a 

commercial refrigerator, freezer, refrigeratorfreezer, or ice-cream freezer using the method 

set forth in ARI Standard 1200–2006 

(Incorporated by reference, see § 431.63). 

Specifically, total display area shall be the 

sum of the projected area(s) of visible 

product, expressed in ft2 (i.e., portions 

through which product can be viewed from 

an angle normal to the transparent area). See 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64320 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

Figures A3.1, A3.2, and A3.3 as examples of 

how to calculate the dimensions associated 

with calculation of total display area. In the 

diagrams, Dh and L represent the dimensions 

of the projected visible product. 

BILLING CODE 6450–01–P 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.002</GPH>

Not included in Dh 

r'-. 

Not included in Dh 

r'-. 

Figure A3.1 Horizontal open display case, where the distance "Dh" is the dimension of the 

projected visible product. 

Transparent 

Product Stop 

Figure A3.2 Service over counter display case, the distance "Dh" is the dimension of the 

projected visible product, that being the dimension transverse to the length of the case through 

which product can be viewed, excluding areas of the product zone that cannot be viewed as part of 

a direct projection through the glass front. 
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64321 

BILLING CODE 6450–01–C 

Appendix B to Subpart C of Part 431— 

Amended Uniform Test Method for the 

Measurement of Energy Consumption of 

Commercial Refrigerators, Freezers, 

and Refrigerator-Freezers 

Note: On or after the compliance date for 

any amended energy conservation standards 

for commercial refrigeration equipment, all 

testing must be conducted in accordance 

with this appendix for the purposes of 

determining energy consumption and making 

representations as to the energy use of 

covered equipment. 

1. Test Procedure 

1.1. Determination of Daily Energy 

Consumption. Determine the daily energy 

consumption of each covered commercial 

refrigerator, freezer, refrigerator-freezer or 

ice-cream freezer by conducting the test 

procedure set forth in the AHRI Standard 

1200 (I–P)–2010, section 3, ‘‘Definitions,’’ 

section 4, ‘‘Test Requirements,’’ and section 

7, ‘‘Symbols and Subscripts’’ (incorporated 

by reference, see § 431.63). For each 

commercial refrigerator, freezer, or 

refrigerator-freezer with a self-contained 

condensing unit, also use AHRI Standard 

1200 (I–P)–2010, section 6, ‘‘Rating 

Requirements for Self-contained Commercial 

Refrigerated Display Merchandisers and 

Storage Cabinets.’’ For each commercial 

refrigerator, freezer, or refrigerator-freezer 

with a remote condensing unit, also use 

AHRI Standard 1200 (I–P)–2010, section 5, 

‘‘Rating Requirements for Remote 

Commercial Refrigerated Display 

Merchandisers and Storage Cabinets.’’ 

1.2. Additional Specifications for Testing 

of Components and Accessories. All standard 

components that would be used during 

normal operation of the basic model in the 

field shall be installed and used during 

testing as recommended by the manufacturer 

and representative of their typical operation 

in the field unless such installation and 

operation is inconsistent with any 

requirement of the test procedure. The 

specific components and accessories listed in 

the subsequent sections shall be operated as 

stated during the test. 

1.2.1. Energy Management Systems. 

Applicable energy management systems may 

be activated during the test procedure 

provided they are permanently installed on 

the case, configured in such a manner so as 

to operate automatically without the 

intervention of the operator, and do not 

conflict with any of other requirements for a 

valid test as specified in this appendix. 

1.2.2. Lighting. All lighting except for 

customer display signs/lights as described in 

section 1.2.3 and UV lighting as described in 

section 1.2.6 of this appendix shall be 

energized to the maximum illumination level 

for the duration of testing for commercial 

refrigeration equipment with lighting except 

when the unit is equipped with lighting 

occupancy sensors and controls. If the unit 

includes an automatic lighting control 

system, it should be enabled during test. If 

the unit is equipped with lighting occupancy 

sensors and controls in should be tested in 

accordance with paragraph 1.2.2.1 of this 

appendix. 

1.2.2.1. Lighting Occupancy Sensors and 

Controls. For units with lighting occupancy 

sensors and/or scheduled lighting controls 

installed on the unit, determine the effect of 

the controls/sensors on daily energy 

consumption by either a physical test or a 

calculation method and using the variables 

that are defined as: 

CECA is the alternate compressor energy 

consumption (kilowatt-hours); 

LECsc is the lighting energy consumption of 

internal case lights with lighting occupancy 

sensors and controls deployed (kilowatthours); 

Pli is the rated power of lights when they 

are fully on (watts); 

Pli(off) is the power of lights when they are 

off (watts); 

Pli(dim) is the power of lights when they are 

dimmed (watts); 

TDECo is the total daily energy 

consumption with lights fully on, as 

measured by AHRI Standard 1200 (I–P)–2010 

(kilowatt-hours); 

tdim is the time period during which the 

lights are dimmed due to the use of lighting 

occupancy sensors or scheduled lighting 

controls (hours); 

tdim,controls is the time case lighting is 

dimmed due to the use of lighting controls 

(hours); 

tdim,sensors is the time case lighting is 

dimmed due to the use of lighting occupancy 

sensors (hours); 

tl is the time period when lights would be 

on without lighting occupancy sensors and/ 

or scheduled lighting controls (24 hours); 

toff is the time period during which the 

lights are off due to the use of lighting 

occupancy sensors and/or scheduled lighting 

controls (hours); 

toff,controls is the time case lighting is off due 

to the use of scheduled lighting controls 

(hours); 

toff,sensors is the time case lighting is off due 

to the use of lighting occupancy sensors 

(hours); and 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.003</GPH>
64322 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 

tsc is the time period when lighting is fully 

on with lighting occupancy sensors and 

scheduled lighting controls enabled (hours). 

1.2.2.1.i. For both a physical test and a 

calculation method, determine the estimated 

time off or dimmed, toff or tdim, as the sum 

of contributions from lighting occupancy 

sensors and scheduled lighting controls that 

dim or turn off lighting, respectively, as 

shown in the following equation: 

toff, = toff,sensors + toff,controls

tdim = tdim,sensors + tdim,controls

The sum of tsc, toff, and tdim should equal 

24 hours and the total time period during 

which the lights are off or dimmed shall not 

exceed 10.8 hours. For cases with scheduled 

lighting controls, the time the case lighting is 

off and/or dimmed due to scheduled lighting 

controls (toff,controls and/or tdim,controls, as 

applicable) shall not exceed 8 hours. For 

cases with lighting occupancy sensors 

installed, the time the case lighting is off 

and/or dimmed due to lighting occupancy 

sensors (toff,sensors and/or tdim,sensors, as 

applicable) shall not exceed 10.8 hours. For 

cases with lighting occupancy sensors and 

scheduled lighting controls installed, the 

time the case lighting is off and/or dimmed 

due to lighting occupancy sensors (toff,sensors

and/or tdim,sensors, as applicable) shall not 

exceed 2.8 hours and the time the case 

lighting is off and/or dimmed due to 

scheduled lighting controls (toff,controls and/or 

tdim,controls, as applicable) shall not exceed 8 

hours. 

1.2.2.1.ii. If using a physical test to 

determine the daily energy consumption, 

turn off the lights for a time period 

equivalent to toff and dim the lights for a time 

period equal to tdim. If night curtains are also 

being tested on the case, the period of lights 

off and/or dimmed shall begin at the same 

time that the night curtain is being deployed 

and shall continue consecutively, in that 

order, for the appropriate number of hours. 

1.2.2.1.iii. If using a calculation method to 

determine the daily energy consumption– 

1.2.2.1.iii.A. Calculate the LECsc using the 

following equation: 

1.2.2.1.iii.B. Calculate the CECA using the 

following equation: 

Where EER represents the energy efficiency 

ratio from Table 1 in AHRI Standard 1200 (I– 

P)–2010 (incorporated by reference, see 

§ 431.63) for remote condensing equipment 

or the values shown in the following table for 

self-contained equipment: 

EER FOR SELF-CONTAINED COMMERCIAL REFRIGERATED DISPLAY MERCHANDISERS AND STORAGE CABINETS

Operating temperature class EER 

Btu/W 

Medium ................................. 11 

Low ....................................... 7 

EER FOR SELF-CONTAINED COMMERCIAL REFRIGERATED DISPLAY MERCHANDISERS AND STORAGE CABINETS—Continued 

Operating temperature class EER 

Btu/W 

Ice Cream ............................. 5 

1.2.2.1.iii.C. For remote condensing units, 

calculate the revised compressor energy 

consumption (CECR) by adding the CECA to 

the compressor energy consumption (CEC) 

measured in AHRI Standard 1200 (I–P)–2010 

(incorporated by reference, see § 431.63). The 

CDEC for the entire case is the sum of the 

CECR and LECsc (as calculated above) and the 

fan energy consumption (FEC), anticondensate energy consumption (AEC), 

defrost energy consumption (DEC), and 

condensate evaporator pan energy 

consumption (PEC) (as measured in AHRI 

Standard 1200 (I–P)–2010). 

1.2.2.1.iii.D. For self-contained units, the 

TDEC for the entire case is the sum of total 

daily energy consumption as measured by 

the AHRI Standard 1200 (I–P)–2010 

(incorporated by reference, see § 431.63) test 

with the lights fully on (TDECo) and CECA, 

less the decrease in lighting energy use due 

to lighting occupancy sensors and scheduled 

lighting controls, as shown in following 

equation. 

1.2.3. Customer display signs/lights. Do 

not energize supplemental lighting that exists 

solely for the purposes of advertising or 

drawing attention to the case and is not 

integral to the case. 

1.2.4 Condensate pan heaters and pumps. 

All electric resistance condensate heaters and 

condensate pumps must be installed and 

operational during the test. This includes the 

stabilization period (including pull-down), 

steady-state, and performance testing 

periods. Prior to the start of the stabilization 

period as defined by ASHRAE 72–2005, the 

condensate pan must be dry. Following the 

start of the stabilization period, allow any 

condensate moisture generated to accumulate 

in the pan. Do not manually add or remove 

water to or from the condensate pan at any 

time during the test. 

1.2.5 Anti-sweat door heaters. Anti-sweat 

door heaters must be operational during the 

entirety of the test procedure. Models with a 

user-selectable setting must have the heaters 

energized and set to the maximum usage 

position. Models featuring an automatic, nonuser-adjustable controller that turns on or off 

based on environmental conditions must be 

operating in the automatic state. If a unit is 

not shipped with a controller from the point 

of manufacture and is intended to be used 

with an automatic, non-user-adjustable 

controller, test the unit with a manufacturerrecommended controller that turns on or off 

based on environmental conditions. 

1.2.6 Ultraviolet lights. Do not energize 

ultraviolet lights during the test. 

1.2.7 Illuminated temperature displays 

and alarms. All illuminated temperature 

displays and alarms shall be energized and 

operated during the test as they would be 

during normal field operation. 

1.2.8 Condenser filters. Remove any 

nonpermanent filters provided to prevent 

particulates from blocking a model’s 

condenser coil. 

1.2.9 Refrigeration system security 

covers. Remove any devices used to secure 

the condensing unit. 

1.2.10 Night curtains and covers. For 

display cases sold with night curtains 

installed, the night curtain shall be employed 

for 6 hours; beginning 3 hours after the start 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.004</GPH> EP28OC13.005</GPH> EP28OC13.006</GPH>
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64323 

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. 

1.2.11 Grill options. Remove any optional 

non-standard grills used to direct airflow. 

1.2.12 Misting or humidification systems. 

Misting or humidification systems must be 

inactive during the test. 

1.2.13 Air purifiers. Air purifiers must be 

inactive during the test. 

1.2.14 General purpose outlets. During 

the test, do not connect any external load to 

any general purpose outlets contained within 

a unit. 

1.2.15 Crankcase heaters. Crankcase 

heaters must be operational during the test. 

If a control system, such as a thermostat or 

electronic controller, is used to modulate the 

operation of the crankcase heater, it must be 

utilized during the test. 

2. Test Conditions 

2.1. Integrated Average Temperatures. 

Conduct the testing required in section 1 of 

this appendix B, and determine the daily 

energy consumption at the applicable 

integrated average temperature in the 

following table. 

Category Test procedure Integrated average temperature 

(i) Refrigerator with Solid Door(s) ............................................... AHRI Standard 1200 (I–P)–2010 1 ...... 38 °F (±2 °F). 

(ii) Refrigerator with Transparent Door(s) .................................. AHRI Standard 1200 (I–P)–2010 1 ...... 38 °F (±2 °F). 

(iii) Freezer with Solid Door(s) .................................................... AHRI Standard 1200 (I–P)–2010 1 ...... 0 °F (±2 °F). 

(iv) Freezer with Transparent Door(s) ........................................ AHRI Standard 1200 (I–P)–2010 1 ...... 0 °F (±2 °F). 

(v) Refrigerator-Freezer with Solid Door(s) ................................ AHRI Standard 1200 (I–P)–2010 1 ...... 38 °F (±2 °F) for refrigerator compartment. 

0 °F (±2 °F) for freezer compartment. 

(vi) Commercial Refrigerator with a Self-Contained Condensing Unit Designed for Pull-Down Temperature Applications and Transparent Doors.AHRI Standard 1200 (I–P)–2010 1 ...... 38 °F (±2 °F). 

(vii) Ice-Cream Freezer ............................................................... AHRI Standard 1200 (I–P)–2010 1 ...... ¥15.0 °F (±2 °F). 

(viii) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Self-Contained Condensing Unit and without 

Doors.

AHRI Standard 1200 (I–P)–2010 1 ...... (A) 0 °F (±2 °F) for low temperature 

applications. 

(B) 38.0 °F (±2 °F) for medium temperature applications. 

(ix) Commercial Refrigerator, Freezer, and Refrigerator-Freezer with a Remote Condensing Unit.AHRI Standard 1200 (I–P)–2010 1 ...... (A) 0 °F (±2 °F) for low temperature 

applications. 

(B) 38.0 °F (±2 °F) for medium temperature applications. 

1 Incorporated by reference, see § 431.63. 

2.2. Lowest Application Product 

Temperature. If a unit of commercial 

refrigeration equipment is not able to be 

operated at the integrated average 

temperature specified in the table in 

paragraph 2.1 of this appendix, test the unit 

at the lowest application product 

temperature (LAPT), as defined in § 431.62. 

For many units of equipment, LAPT is the 

lowest thermostat setting. For remote 

condensing equipment without a thermostat 

or other means of controlling temperature at 

the case, the lowest application product 

temperature is the temperature achieved with 

the adjusted dew point temperature (as 

defined in AHRI Standard 1200 (I–P)–2010) 

set to 5 degrees colder than that required to 

maintain the manufacturer’s lowest specified 

application temperature. 

2.3. Testing at NSF Test Conditions. For 

commercial refrigeration equipment that is 

also tested in accordance with NSF test 

procedures (Type I and Type II), 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. 

That is, the measured daily energy 

consumption of the same unit, when tested 

at the rating temperatures and/or ambient 

conditions specified in the DOE test 

procedure, must be lower than or equal to the 

measured daily energy consumption of the 

unit when tested with the rating 

temperatures or ambient conditions used for 

NSF testing. The integrated average 

temperature measured during the test may be 

lower than the range specified by the DOE 

applicable temperature specification 

provided in paragraph 2.1 of this appendix, 

but may not exceed the upper value of the 

specified range. Ambient temperatures and/ 

or humidity values may be higher than those 

specified in the DOE test procedure. 

3. Volume and Total Display Area 

3.1. Determination of Volume. Determine 

the volume of a commercial refrigerator, 

freezer, refrigerator-freezer, or ice-cream 

freezer using the method set forth in the 

HRF–1–2008 (incorporated by reference, see 

§ 431.63), section 3.30, ‘‘Volume,’’ and 

sections 4.1 through 4.3, ‘‘Method for 

Computing Refrigerated Volume of 

Refrigerators, Refrigerator-Freezers, Wine 

Chillers and Freezers.’’ 

3.2 Determination of Total Display Area. 

Determine the total display area of a 

commercial refrigerator, freezer, refrigeratorfreezer, or ice-cream freezer using the method 

set forth in AHRI Standard 1200 (I–P)–2010 

(Incorporated by reference, see § 431.63). 

Specifically, total display area shall be the 

sum of the projects area(s) for visible 

product, expressed in ft2 (i.e., portions 

through which product can be viewed from 

an angle normal to the transparent area). See 

Figures B3.1, B3.2, and B3.3 as examples of 

how to calculate the dimensions associated 

with calculation of total display area. In the 

diagrams, Dh and L represent the dimensions 

of the projected visible product. 

BILLING CODE 6450–01–P 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2
64324 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.007</GPH>

Not induded in ~ 

rL, 

Not induded in ~ 

rL, 

Figure B3.4 Horizontal open display case, where the distance "Dh" is the dimension of the 

projected visible product. 

Transparent 

R"oduct Sop 

Figure B3.5 Service over counter display case, the distance "Dh" is the dimension of the 

projected visible product, that being the dimension transverse to the length of the case through 

which product can be viewed, excluding areas of the product zone that cannot be viewed as part of 

a direct projection through the glass front. 
Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Proposed Rules 64325 

[FR Doc. 2013–24354 Filed 10–25–13; 8:45 am] 

BILLING CODE 6450–01–C 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS2EP28OC13.008</GPH>