```

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31795-31796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13653]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2008-BT-TP-0014]
RIN 1904-AB85

Energy Conservation Program: Energy Conservation Standards for 
Walk-In Coolers and Freezers; Correction

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

ACTION: Final rule; correcting amendments.

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

SUMMARY: This document makes a correction to the regulations pertaining 
to the test procedure for walk-in coolers and freezers. The correction 
addresses an erroneous temperature condition for walk-in freezers.

DATES: Effective Date: June 2, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Llenza, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-2192. E-mail: 
Charles.Llenza@ee.doe.gov.
    In the Office of the General Counsel, contact Mr. Michael Kido, 
U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 
586-5709. E-mail: Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Energy Policy and Conservation Act (EPCA), as amended by 
section 312(c) of the Energy Independence and Security Act (EISA 2007), 
requires the Department of Energy (DOE) to prescribe a test procedure 
to measure the energy use of walk-in coolers and freezers 
(collectively, walk-ins). See 42 U.S.C. 6314(a). DOE recently satisfied 
this requirement by issuing a final rule establishing a test procedure 
for manufacturers to use when measuring the energy use of a walk-in 
unit. See 76 FR 21580 (April 15, 2011).
    Since the publication of that rulemaking, it was recently 
discovered that an error is present in Appendix A of the regulatory 
text, which governs, among other things, the test conditions for walk-
in coolers and freezers. That text, within the context of assessing the 
long-term thermal resistance of the insulating foam contained in the 
panel components used to construct a walk-in freezer container, uses, 
incorrectly and inconsistent with the statute, a prescribed test 
temperature of 35 [deg]F  1 [deg]F for freezers. The 
temperature that should have been inserted in that provision is 20 
[deg]F  1 [deg]F. Periods should also have been included 
after that provision and the one following it that sets the temperature 
test condition for panels used in coolers. This document corrects these 
errors.

II. Need for Correction

    As published, the current provisions of 10 CFR part 431, Subpart R, 
Appendix A, include the incorrect testing temperature for manufacturers 
to

[[Page 31796]]

use when measuring the long-term insulation performance of the foam 
insulation used in a walk-in freezer unit. The published temperature, 
35 [deg]F  1 [deg]F--a temperature that exceeds the safe 
storage of frozen perishable items--conflicts with the mandatory 20 
[deg]F requirement that Congress had prescribed as part of the EISA 
2007 amendments governing the testing of insulation foam used in walk-
in freezers. See 42 U.S.C. 6314(a)(9)(A)(iii) (indicating that the 
insulation value of the foam used with walk-in freezers shall be 
calculated using a temperature of 20 [deg]F). This higher temperature 
also exceeds the temperature at which a walk-in freezer unit would 
normally operate. Additionally, the temperature conditions specified 
throughout the remaining portions of the recently promulgated test 
procedure for walk-in freezers are consistent with the operation of a 
freezer and substantially lower than 35 [deg]F. See, e.g. 10 CFR part 
431, subpart R, Appendix A, Sec. 5.3(a)(2)(i) (specifying the air 
temperature for freezer internal cooling conditions at -10 [deg]F). DOE 
also notes that the preamble to the final rule explained that, 
consistent with the statute, a 20 [deg]F requirement was being adopted 
in the regulations when testing the long-term performance of insulating 
foam for walk-in freezer applications. Another necessary correction to 
the text is that a period is needed for both conditions to clarify that 
the two conditions pertain to two situations--one for freezers and one 
for coolers.
    In light of the applicable statutory requirement, the clear 
inconsistency between the currently published temperature testing 
condition and the actual temperatures at which the tested products 
operate, and the fact that DOE specifically stated in the final rule's 
preamble that the rule would apply a 20 [deg]F requirement for walk-in 
freezer applications, DOE finds that there is good cause under 5 U.S.C. 
553(b)(B) to not provide prior notice and an opportunity for public 
comment on the changes contained in this document. For the reasons 
discussed above, providing prior notice and an opportunity for public 
comment would be unnecessary and contrary to the public interest.
    Accordingly, this correction document revises the temperature 
requirement specified in 10 CFR part 431, subpart R, Appendix A, 
section 5.2(a)(1)(i) to specify a 20 [deg]F requirement for testing the 
insulation performance of walk-in freezer insulation foam and adds a 
period at the end of 10 CFR part 431, subpart R, Appendix A, sections 
5.2(a)(1)(i) and 5.2(a)(1)(ii).

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Energy conservation, 
Reporting and recordkeeping requirements.

    Issued in Washington, DC on May 26, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE corrects 10 CFR part 
431 as set forth below.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317.

Appendix A [Corrected]

0
2. In Appendix A to subpart R of part 431, revise sections 5.2(1)(i) 
and 5.2(1)(ii) to read as follows:

Appendix A to Subpart R of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of the Components of Envelopes of 
Walk-In Coolers and Walk-In Freezers

* * * * *

5.2 Measuring Long Term Thermal Resistance (LTTR) of Insulating 
Foam

* * * * *
    (1) * * *
    (i) For freezers: 20 [deg]F  1 [deg]F must be used.
    (ii) For coolers: 55 [deg]F  1 [deg]F must be used.
* * * * *
[FR Doc. 2011-13653 Filed 6-1-11; 8:45 am]
BILLING CODE 6450-01-P
```