Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules 16739

1 Part B of Title III of Energy Policy and

Conservation Act, as amended, is referred to in this

proposed rule as ‘‘EPCA’’ or the ‘‘Act.’’ Part B of

Title III is codified at 42 U.S.C. 6291–6309.

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

RIN No. 1904–AA93

Energy Conservation Program for

Consumer Products: Proposed Rule

Adding Test Procedures for Externally

Vented Refrigerators and RefrigeratorFreezers

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Proposed rule.

SUMMARY: The Department of Energy

(Department or DOE) proposes test

procedures for measuring the energy

consumption of an externally vented

refrigerator and externally vented

refrigerator-freezer, a technological

innovation which is not accommodated

by the existing test procedures. Today’s

proposal would not change in any way

the test procedures applicable to

refrigerator and refrigerator-freezer

designs without venting.

DATES: Written comments in response to

this notice must be received by May 8,

1997. The Department requests 10

copies of the comments and, if possible,

a computer disk. The Department is

currently using WordPerfectTM 6.1.

ADDRESSES: Written comments are to be

submitted to: U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, EE–43, Room 1J–

018, ‘‘Test Procedures for Refrigerators

and Refrigerator-Freezers,’’ Docket No.

EE–RM–97–118, Forrestal Building,

1000 Independence Avenue, SW,

Washington, DC 20585–0121.

Telephone: (202) 586–7574. Comments

may be hand delivered between the

hours of 8:00 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays. Comments should be labeled,

‘‘Test Procedures for Refrigerators and

Refrigerator-Freezers’’ (Docket No. EE–

RM–97–118), both on the document or

computer disk and on the envelope.

Copies of public comments received

may be read and/or photocopied at the

Department of Energy Freedom of

Information Reading Room, U.S.

Department of Energy, Forrestal

Building, Room 1E–190, 1000

Independence Avenue, SW,

Washington, D.C. 20585–0121,

telephone (202) 586–6020, between the

hours of 9:00 a.m. and 4:00 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT:

Michael G. Raymond, U.S. Department

of Energy, Energy Efficiency and

Renewable Energy, Mail Station EE–

43, Forrestal Building, 1000

Independence Avenue, SW,

Washington, D.C., 20585–0121, (202)

586–9611

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC–72, Forrestal

Building, 1000 Independence Avenue,

SW, Washington, D.C. 20585–0103,

(202) 586–9507

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

Part B of Title III of the Energy Policy

and Conservation Act of 1975, Public

Law 94–163, as amended by the

National Energy Conservation Policy

Act, Public Law 95–619, the National

Appliance Energy Conservation Act of

1987, Public Law 100–12, the National

Appliance Energy Conservation

Amendments of 1988, Public Law 100–

357, and the Energy Policy Act of 1992,

Public Law 102–486, created the Energy

Conservation Program for Consumer

Products other than Automobiles

(Program).1 The products currently

subject to this Program (often referred to

hereafter as ‘‘covered products’’)

include electric refrigerators and electric

refrigerator-freezers.

Under the Act, the Program consists

essentially of three parts: testing,

labeling, and the Federal energy

conservation standards. This proposed

rule concerns the testing aspect of this

program. The Department, with

assistance from the National Institute of

Standards and Technology, may amend

or establish new test procedures, as

appropriate, for any covered product.

EPCA, § 323. The purpose of the test

procedures is to produce test results that

measure energy efficiency, energy use,

water use (in the case of showerheads,

faucets, water closets and urinals), or

estimated annual operating cost of a

covered product during a representative

average use cycle or period of use. The

test procedures shall not be unduly

burdensome to conduct. EPCA,

§ 323(b)(3). One hundred and eighty

days after a test procedure for a product

is adopted, no manufacturer may make

representations with respect to energy

use, efficiency or water use of such

product, or the cost of energy consumed

by such product, except as reflected in

tests conducted according to the DOE

procedure. EPCA, § 323(c)(2).

Test procedures promulgated by DOE

appear at 10 CFR Part 430, Subpart B.

The ‘‘Uniform Test Method for

Measuring the Energy Consumption of

Electric Refrigerators and Electric

Refrigerator-Freezers’’ appears at

Appendix A1 to Subpart B.

Section 323(e) of the Act requires

DOE to determine to what extent, if any,

a proposed test procedure would alter

the measured energy efficiency,

measured energy use or measured water

use of any covered product as

determined under the existing test

procedure. If DOE determines that an

amended test procedure would alter the

measured efficiency or measured use of

a covered product, DOE is required to

amend the applicable energy

conservation standard accordingly. In

determining the amended energy

conservation standard, DOE is required

to measure the energy efficiency or

energy use of a representative sample of

covered products that minimally

comply with the existing standard. The

average energy use of this representative

sample, determined under the amended

test procedure, constitutes the amended

standard. EPCA, § 323(e)(2).

B. Background

Today’s notice proposes to add test

procedure amendments that are specific

to a new product design—externally

vented refrigerators and externally

vented refrigerator-freezers. These test

procedure amendments will apply only

to this product design and will not

apply to existing product designs of

refrigerators and refrigerator-freezers

without this feature. Existing test

procedures for non-externally vented

refrigerators and refrigerator-freezers

will remain unchanged. The energy

conservation standards for refrigerators

and refrigerator-freezers will be

unaffected by the adoption or use of the

proposed new test procedures.

The Department does not believe that

any of the proposed changes to the test

procedures would alter the

measurement of energy consumption of

electric refrigerators and refrigeratorfreezers currently on the market.

Accordingly, adoption of the proposed

amended test procedures would not

require any change in energy

conservation standards for refrigerators

and refrigerator-freezers currently in

place. In addition, the Department

believes that the proposed test

procedure amendments would have no

effect on the pending rulemaking

considering revised minimum energy

conservation standards for electric
16740 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules

refrigerators, refrigerator-freezers and

freezers. (Docket No. EE–RM–93–801).

On March 14, 1995, Edward Schulak

Equities, Inc. (‘‘ESE’’) submitted a letter

to the Department regarding the

inapplicability of existing test

procedures in Appendix A1 to

externally vented refrigerators. ESE

submitted a description of an externally

vented refrigerator from a recently

granted patent. ESE claimed that

allowing cooler outside air to be passed

over the condenser/compressor of a

refrigerator would reduce energy

consumption of the refrigerator. ESE

explained that the existing test

procedures address only a closed system

without the possibility of transfer of

exterior air cooler than the ambient

room temperature. Based on the

information submitted, the Department

agrees that the existing test procedures

do not permit the measurement of

energy consumption of an externally

vented refrigerator.

While ESE’s letter was submitted as a

petition for waiver, the Department

concluded that its waiver process was

not appropriate because waivers apply

to ‘‘basic models,’’ and no models are

currently being manufactured

incorporating this invention, nor is the

invention being produced for

retrofitting. Therefore, the Department

published ESE’s letter and issued a

Notice of Inquiry inviting public

comment on several issues relating to

the energy consumption,

manufacturability, and retrofitting of

externally vented refrigerators. 60 FR

37603 (July 21, 1995). The Department

also invited comments on methods of

testing externally vented refrigerators

and refrigerator-freezers to determine

energy savings. Notice of Inquiry at 60

FR 37604. No public comments were

received in response to this Notice of

Inquiry.

On November 13, 1995, acting upon

the Department’s suggestion, ESE

submitted a draft of proposed

amendments to the test procedures for

refrigerators and refrigerator-freezers.

The Department referred this submittal

to the National Institute of Standards

and Technology (NIST). NIST, the

Department and ESE representatives

extensively discussed the requirements

for test procedures for externally vented

refrigerators and refrigerator-freezers.

NIST conducted an analysis of test

procedures for externally vented

refrigerators and refrigerator-freezers.

The notice published today by the

Department reflects these extensive

discussions and subsequent NIST

recommendations for test procedure

amendments.

Today’s notice proposes revising the

test procedures for electric refrigerators

and electric refrigerator-freezers

appearing in 10 CFR Part 430, Subpart

B, Appendix A1 by: (1) Adding a

definition of externally vented

refrigerators and refrigerator-freezers to

which the revisions are applicable, (2)

prescribing test conditions for externally

vented refrigerators and refrigeratorfreezers, (3) specifying energy

consumption measurement tests for

externally vented refrigerators and

refrigerator-freezers, and (4) including

calculation methods for deriving results

from test measurements.

II. Discussion

The current test procedures for

refrigerators and refrigerator-freezers,

found at 10 CFR Part 430, Appendix A1

of Subpart B, does not address testing of

externally vented refrigerators and

refrigerator-freezers. The existing test

procedures apply to a refrigerator

system to which cool outside air cannot

be conducted for purposes of heat

transfer. Externally vented refrigerators

would be designed to permit outside air

to be introduced across the refrigerator’s

condenser and compressor and, in some

cases, throughout the walls of the

refrigerator. The introduction of outside

air at temperatures lower than the

ambient room air temperature permits

more efficient heat transfer, potentially

resulting in energy savings.

The Department therefore proposes to

revise the test procedures to include

provisions tailored to measuring the

energy consumption of externally

vented refrigerators and refrigeratorfreezers. These provisions will add to,

rather than replace, the existing test

procedures, which remain fully

applicable to both externally vented and

non-vented refrigerators and

refrigerator-freezers. The Department

emphasizes that the proposed

amendments to the test procedures do

not affect in any way the test procedures

applicable to existing refrigerator

designs. The amendments provide a

method for accurately measuring the

energy consumption of an enclosed,

externally vented refrigerator or

refrigerator-freezer unit and take

account of design features (e.g.,

enclosed condenser, outside air

conduits, dampers) peculiar to an

externally vented refrigerator or

refrigerator-freezer that circulates

outside air around its condenser. The

amendments do not apply to

refrigerators or refrigerator-freezers that

use outside air through the refrigerator

walls. With these amendments, the test

procedures will provide a basis for

making comparable measurements of

energy consumption for externally

vented and unvented refrigerators and

refrigerator-freezers.

The Department also emphasizes that

recognition of a design option of

externally vented refrigerators and

refrigerator-freezers does not affect in

any way the Department’s consideration

of design options in connection with its

consideration of proposed revisions to

energy consumption standards for

refrigerators and refrigerator-freezers.

This design option was not included in

the standards rulemaking record and

therefore cannot be considered in the

current standards rulemaking.

The Department invites comments on

any aspect of the proposed test

procedure amendments for externally

vented refrigerators and refrigeratorfreezers.

The Department today proposes to

amend the test procedures applicable to

electric refrigerators and electric

refrigerator-freezers (10 CFR Part 430,

Subpart B, Appendix A1), as follows:

1. Definitions and applicability of

amended test procedures. The

Department proposes to define

‘‘externally vented refrigerator or

refrigerator-freezer’’ as a refrigerator or

refrigerator-freezer with an enclosed

condenser or an enclosed condenser/

compressor compartment, and a set of

air ducts for transferring exterior air

from outside the building envelope into,

through, and out of the refrigerator or

refrigerator-freezer cabinet (section

1.12). Energy consumption savings from

an externally vented refrigerator or

refrigerator-freezer should be achievable

for outside air temperatures between 60

°F and 80 °F. Above 80 °F, outside air

may be warmer than ambient room air,

making heat transfer in the wrong

direction for energy savings. Below 60

°F, outside air may be too cool for

optimal operation of the unit. The

proposed amendments to the test

procedures are generally predicated

upon a unit’s design that permits the

exclusion and/or mixing of outside air

that is either above 80 °F or below 60

°F. Accordingly, the amendments to the

test procedures will apply only under

conditions where the externally vented

refrigerator or refrigerator-freezer design

is capable of mixing the exterior air

drawn in from outside the building

envelope with the ambient room air.

The modification includes

thermostatically controlled dampers or

controls that: 1) enable the proper

mixing of outside and ambient room air

when the outside air temperature is

lower than 60 °F, and 2) exclude outside

air warmer than 80 °F, or warmer than

room air temperature (section 1.12).

Externally vented units could have
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules 16741

temperature controls that exclude

outside air either at a pre-set

temperature no lower than 80 °F or

when the outside air temperature

exceeds the ambient room air

temperature (section 1.12). The test

procedures require that prior to

conducting energy consumption tests,

the operability of thermostatic controls

be verified (section 5.4.1). All tests must

generally be conducted with the

thermostatic controls operable. A

special rule is provided for testing

energy consumption when mixing

controls do not operate properly

(section 5.4.2.4). The test procedures

will take account of the energy

consumption of any exterior air fan that

draws air to the refrigerator cabinet.

2. Exterior air source. The Department

recognizes that actual testing should

take place under conditions of variable

exterior air temperatures and, therefore,

proposes to require that prescribed test

conditions include the provision of an

external air source that provides air at

adjustable temperature and pressure

capabilities (section 2.6). The test

procedures prescribe the location of

temperature sensors for measuring the

air temperature at the inlet to the

condenser/compressor compartment

(section 2.6.2). Air temperature will also

be measured at the exterior air source.

Temperature measurements are to be

made at prescribed intervals.

3. Air ducts. Externally vented

refrigerators and refrigerator/freezers

depend upon air ducts to transfer

exterior air to the refrigerator cabinet.

Rather than specifying the length,

diameter, shape and material of the

duct, the Department proposes to

specify air pressure requirements as a

uniform test condition (section 2.6.3).

Specifically, the proposed test

procedures require exterior air pressure

at the inlet to the refrigerator unit to be

maintained at a negative pressure of

0.20′′ ± 0.05′′ water column (62 Pa ±

12.5 Pa). The test procedures also

specify location distances for the

pressure sensors, relative to the exterior

air source (i.e., the inlet to the building

envelope) and to the condenser inlet.

4. Applicability of general test method

conditions. The proposed amendments

to the test procedures are not intended

to supplant existing test methods

applicable to all other refrigerators and

refrigerator-freezers. Accordingly, the

proposed amendments provide that,

except as expressly modified, the test

conditions and specifications included

in the existing test procedures shall also

apply to externally vented refrigerators

and refrigerator-freezers (section 5.4).

5. Energy consumption correction

factor for test measurements. The

Department proposes a series of

formulas for determining energy

consumption from test measurements.

First, the Department recognizes that

energy consumption of any refrigerator

will be different with and without door

openings. Under the existing test

procedure, refrigerators are tested at 90

°F without door openings to simulate

the energy consumption they would

have at normal room temperature with

door openings. Normal room

temperature for the refrigerator test

procedure is considered to be 80 °F, the

typical temperature of the ambient air

surrounding the refrigerator’s

condenser. An externally vented

refrigerator will show an artificially low

energy consumption compared to an

unvented refrigerator when tested at 90

°F room air temperature, because 90 °F

is warmer than normal room

temperature. The Department proposes

to require calculation of a correction

factor for each basic model of externally

vented refrigerator. The correction factor

is the ratio of the energy consumption

of an externally vented refrigerator (with

external venting disabled) at 90 °F inlet

air temperature to the energy

consumption of the unit at 80 °F inlet

air temperature (sections 5.4.2.1 and

6.3.1).

6. Energy consumption test

measurements and calculations. Based

on analysis by NIST and its derivation

of an algebraic equation for determining

energy consumption over a range of

outside air temperatures, the

Department has determined that test

measurements of energy consumption

need be taken at only two outside air

temperatures, 90 °F and 60 °F (sections

5.4.2.2 and 5.4.2.3). If the outside air

temperature is not in this range, mixing

controls and dampers will keep the

condenser inlet temperature within the

range. Accordingly, the Department

proposes an energy profile equation that

will allow for the interpolation of

energy consumption at outside air

temperatures within this range (section

6.3.4). The parameters of the energy

profile equation are determined for each

basic model of externally vented

refrigerator that is tested, based on the

measured energy consumption during

testing at 90 °F and 60 °F.

Once the parameters of the energy

profile equation are determined, the test

procedures provide a basis for

calculating energy consumption at

various temperatures. Because

temperatures vary across the country,

throughout a day, and throughout the

year, the proposed test procedures

specify an energy consumption formula

that determines a unit’s total energy

consumption based on weighted

averaging of the unit’s energy

consumption at different exterior air

temperatures. The test procedures

provide weighting factors for a national

average energy consumption (section

6.3.6) and weighting factors for four

different regions of the country, which

are identified on a map. This procedure

was based on the test procedure for heat

pumps, for which energy savings are

also a function of climate. The regional

map is the same as that used in the heat

pump test procedure, except Regions I

and II from the heat pump test

procedure are combined and called

Region I. Externally vented refrigerators

need only be tested at 90 °F and 60 °F,

and from such measurements,

application of the correction factor, and

application of the energy profile

equation, the unit’s average per cycle

energy consumption can be determined

for the nation as a whole and for each

of the four regions of the country. The

Department recognizes the Federal

Trade Commission (FTC) has authority

to prescribe labeling requirements for all

types of refrigerators and other covered

products and may require fact sheets

containing regional performance

information. The proposed energy

consumption measurement formulas

would satisfy the FTC’s requirements.

7. Reporting requirements. The

Department is proposing to add a

reporting requirement for externally

vented refrigerators and refrigeratorfreezers. The energy savings due to

externally venting a refrigerator or

refrigerator-freezer is a function of the

outdoor air temperature, therefore,

externally vented refrigerators and

refrigerator-freezer’s energy use will

depend on climate. The Department

proposes to require that a

manufacturer’s certification report

include the national average annual

energy use for externally vented

refrigerators and refrigerator-freezers.

Separate reporting of regional per cycle

energy consumption would not be

required.

III. Review Under the National

Environmental Policy Act of 1969

In this rule, the Department proposes

amendments to the test procedures for

refrigerators and refrigerator-freezers to

include externally vented refrigerators

and refrigerator-freezers. The

Department has determined that this

rule is covered under the Categorical

Exclusion found at paragraph A.6 of

appendix A to Subpart D, 10 CFR Part

1021, which applies to the

establishment of procedural

rulemakings. This Proposed Rule is also

a procedural rulemaking and its

implementation will not affect the
16742 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules

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.

IV. Regulatory Review

Today’s regulatory proposal has been

determined not to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ (58 FR 51735, October 4,

1993). Accordingly, today’s action was

not subject to review under the

Executive Order by the Office of

Information and Regulatory Affairs.

V. Regulatory Flexibility Review

The proposed rule has been reviewed

under the Regulatory Flexibility Act,

Pub. L. 96–354 (42 U.S.C. 601–612)

which requires preparation of a

regulatory flexibility analysis for any

regulation that will have a significant

economic impact on a substantial

number of small entities, i.e., small

businesses and small government

jurisdictions. The proposed rule would

not have significant economic impact on

manufacturers of externally vented

refrigerators and refrigerator-freezers.

The rule, if promulgated, would modify

the testing methods that currently

apply. DOE accordingly certifies that the

proposed rule would not, if

promulgated, have a significant

economic impact on a substantial

number of small entities and that

preparation of a regulatory flexibility

analysis is not warranted.

VI. ‘‘Takings’’ Assessment Review

It has been determined pursuant to

Executive Order 12630 (52 FR 8859,

March 18, 1988) that this proposed

regulation, if adopted, would not result

in any takings which might require

compensation under the Fifth

Amendment to the United States

Constitution.

VII. Federalism Review

Executive Order 12612 (52 FR 41685,

October 30, 1987) requires that

regulations or rules be reviewed for any

substantial direct effects on States, on

the relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among various levels of

Government. If there are sufficient

substantial direct effects, the Executive

Order 12612 requires the preparation of

a Federalism assessment to be used in

decisions by senior policy makers in

promulgating or implementing the

regulation.

The proposed rule published today

would not alter the distribution of

authority and responsibility to regulate

in this area. The proposed rule would

only revise a currently applicable DOE

test procedure to accommodate a

technological development in the

manufacture of refrigerators and

refrigerator-freezers. Accordingly, DOE

has determined that preparation of a

federalism assessment is unnecessary.

VIII. Paperwork Reduction Act Review

This proposed rule contains no new

collections of information under the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq.

IX. Review Under Unfunded Mandates

Reform Act of 1995

Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’) requires

that the Department prepare a budgetary

impact statement before promulgating a

rule that includes a Federal mandate

that may result in expenditure by state,

local, and tribal governments, in the

aggregate, or by the private sector, of

$100 million or more in any one year.

The budgetary impact statement must

include: (i) Identification of the Federal

law under which the rule is

promulgated; (ii) a qualitative and

quantitative assessment of anticipated

costs and benefits of the Federal

mandate and an analysis of the extent to

which such costs to state, local, and

tribal governments may be paid with

Federal financial assistance; (iii) if

feasible, estimates of the future

compliance costs and of any

disproportionate budgetary effects the

mandate has on particular regions,

communities, non-Federal units of

government, or sectors of the economy;

(iv) if feasible, estimates of the effect on

the national economy; and (v) a

description of the Department’s prior

consultation with elected

representatives of state, local, and tribal

governments and a summary and

evaluation of the comments and

concerns presented.

The Department has determined that

the action proposed today does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to state, local or to tribal

governments in the aggregate or to the

private sector. Therefore, the

requirements of Sections 203 and 204 of

the Unfunded Mandates Act do not

apply to this action.

X. Review Under Executive Order

12988, ‘‘Civil Justice Reform’’

With respect to the review of existing

regulations and the promulgation of

new regulations, Section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform,’’ 61 FR 4729 (February 7, 1996),

imposes on executive agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by Section 3(a),

Section 3(b) of the Executive Order

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)

provide 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 the Executive Order requires

Executive agencies to review regulations

in light of applicable standards Section

3(a) and Section 3(b) to determine

whether they are met or it is

unreasonable to meet one or more of

them. DOE reviewed today’s proposed

rulemaking under the standards of

Section 3 of the Executive Order and

determined that, to the extent permitted

by law, they meet the requirements of

those standards.

XI. Public Comment Procedures

A. Written Comment Procedures

Interested persons are invited to

participate in the rulemaking by

submitting data, comments, or

information with respect to the

proposed test procedures set forth in

this notice to the address indicated at

the beginning of the notice.

Comments should be identified both

on the envelope and on the documents

as ‘‘Test Procedures for Refrigerators

and Refrigerator-Freezers,’’ Docket No.

EE–RM–97–118. Ten (10) copies are

requested to be submitted. In addition,

the Department requests that an

electronic copy (31⁄2′′ diskette) of the

comments on WordPerfectTM 6.1 be

provided. All submittals received by the

date specified at the beginning of this

notice will be considered by the

Department of Energy before final action

is taken on the proposed amendments.

Pursuant to the provisions of 10 CFR

1004.11, any person submitting

information that he or she believes to be
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules 16743

confidential and exempt by law from

public disclosure should submit one

complete copy of the document and ten

(10) copies, if possible, from which the

information believed to be confidential

has been deleted. The Department of

Energy will make its own determination

with regard to the confidential status of

the information and treat it according to

its determination.

Factors of interest to DOE when

evaluating requests to treat as

confidential information that has been

submitted include: (1) A description of

the items; (2) an indication as to

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 that would result from public

disclosure; (6) an indication as to 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.

B. Issues for Public Comment

The Department of Energy is

interested in receiving comments and

data concerning the suitability and

workability of these test procedures.

Also, the Department welcomes

comment on improvements or

alternatives to these approaches. In

particular, DOE is interested in

gathering comments on the following:

• The appropriateness of providing

test procedures for externally vented

refrigerators and refrigerator-freezers.

• The definition of externally vented

refrigerators and refrigerator-freezers

and the applicability of the proposed

revisions of the test procedures.

• The interaction of the externally

vented refrigerator and refrigerator/

freezer and its associated air conduits

and building envelope penetration with

the building heating and cooling loads.

• The effects on energy conservation

if externally vented refrigerators and

refrigerator-freezers are installed

without the outside air connection, and

methods for adjusting the test results to

account for the likely failure of some

consumers to make use of this feature.

• The appropriate test conditions for

externally vented refrigerators and

refrigerator-freezers, including the

selection of outside air temperatures at

which testing should occur.

• The appropriateness of the

correction factor to account for the

externally vented refrigerator and

refrigerator-freezer’s testing advantage

resulting from the 90°F test temperature.

• The appropriateness of the energy

profile equations and the derivation of

formulas for computing energy

consumption from test results.

• The appropriateness and means of

measuring national and regional average

per cycle energy consumption.

List of Subjects in 10 CFR Part 430

Administrative practice and

procedure, Energy conservation,

Household appliances.

Issued in Washington, DC, March 24, 1997.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

For the reasons set forth in the

preamble, Part 430 of Chapter II of Title

10, Code of Federal Regulations is

proposed to be amended as follows:

PART 430—ENERGY CONSERVATION

PROGRAM FOR CONSUMER

PRODUCTS

1. The authority citation for Part 430

continues to read as follows:

Authority: 42 U.S.C. 6291–6309.

2. Section 430.23 (a) is amended in

the following respects:

Subpart B—Test Procedures

§ 430.23 Test procedures for measures of

energy consumption.

(a) Refrigerators and refrigeratorfreezers. (1) The estimated annual

operating cost for electric refrigerators

and electric refrigerator-freezers without

an anti-sweat heater switch shall be the

product of the following three factors:

(i) The representative average-use

cycle of 365 cycles per year,

(ii) The average per-cycle energy

consumption for the standard cycle in

kilowatt-hours per cycle, determined

according to 6.2 or 6.3.6 of appendix A1

of this subpart for the non-externally

vented or externally vented units,

respectively, and

(iii) The representative average unit

cost of electricity in dollars per

kilowatt-hour as provided by the

Secretary, the resulting product then

being rounded off to the nearest dollar

per year.

(2) The estimated annual operating

cost for electric refrigerators and electric

refrigerator-freezers with an anti-sweat

heater switch shall be the product of the

following three factors:

(i) The representative average-use

cycle of 365 cycles per year,

(ii) Half the sum of the average percycle energy consumption for the

standard cycle and the average per-cycle

energy consumption for a test cycle type

with the anti-sweat heater switch in the

position set at the factory just prior to

shipping, each in kilowatt-hours per

cycle, determined according to 6.2 or

6.3.6 of appendix A1 of this subpart for

the non-externally vented or externally

vented units, respectively, and

(iii) The representative average unit

cost of electricity in dollars per

kilowatt-hour as provided by the

Secretary, the resulting product then

being rounded off to the nearest dollar

per year.

(3) The estimated annual operating

cost for any other specified cycle type

for electric refrigerators and electric

refrigerator-freezers shall be the product

of the following three factors:

(i) The representative average-use

cycle of 365 cycles per year,

(ii) The average per-cycle energy

consumption for the specified cycle

type, in kilowatt-hours per cycle,

determined according to 6.2 or 6.3.6 of

appendix A1 of this subpart for the nonexternally vented or externally vented

units, respectively, and

(iii) The representative average unit

cost of electricity in dollars per

kilowatt-hour as provided by the

Secretary, the resulting product then

being rounded off to the nearest dollar

per year.

(4) The energy factor for electric

refrigerators and electric refrigeratorfreezers, expressed in cubic feet per

kilowatt-hour per cycle, shall be—

(i) For electric refrigerators and

electric refrigerator-freezers not having

an anti-sweat heater switch, the quotient

of

(A) The adjusted total volume in

cubic feet, determined according to 6.1

of Appendix A1 of this subpart, divided

by

(B) The average per-cycle energy

consumption for the standard cycle in

kilowatt-hours per cycle, determined

according to 6.2 or 6.3.6 of appendix A1

of this subpart for the non-externally

vented or externally vented units,

respectively, the resulting quotient then

being rounded off to the second decimal

place, and

(ii) For electric refrigerators and

electric refrigerator-freezers having an

anti-sweat heater switch, the quotient of

(A) The adjusted total volume in

cubic feet, determined according to 6.1

of Appendix A1 of this subpart, divided

by

(B) Half the sum of the average percycle energy consumption for the

standard cycle and the average per-cycle

energy consumption for a test cycle type

with the anti-sweat heater switch in the

position set at the factory just prior to
16744 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules

shipping, each in kilowatt-hours per

cycle, determined according to 6.2 or

6.3.6 of appendix A1 of this subpart for

the non-externally vented or externally

vented units, respectively, the resulting

quotient then being rounded off to the

second decimal place.

(5) The annual energy use of electric

refrigerators and electric refrigeratorfreezers equals the representative

average use cycle of 365 cycles per year

times the average per-cycle energy

consumption for the standard cycle in

kilowatt-hours per cycle, determined

according to 6.2 or 6.3.6 of appendix A1

of this subpart for the non-externally

vented or externally vented units,

respectively.

(6) Other useful measures of energy

consumption for electric refrigerators

and electric refrigerator-freezers shall be

those measures of energy consumption

for electric refrigerators and electric

refrigerator-freezers which the Secretary

determines are likely to assist

consumers in making purchasing

decisions which are derived from the

application of appendix A1 of this

subpart.

(7) The estimated regional annual

operating cost for externally vented

electric refrigerators and externally

vented electric refrigerator-freezers

without an anti-sweat heater switch

shall be the product of the following

three factors:

(i) The representative average cycle of

365 cycles per year,

(ii) The regional average per-cycle

energy consumption for the standard

cycle in kilowatt-hours per cycle,

determined according to 6.3.7 of

appendix A1 of this subpart and

(iii) The representative average unit

cost of electricity in dollars per

kilowatt-hour as provided by the

Secretary, the resulting product then

being rounded off to the nearest dollar

per year.

(8) The estimated regional annual

operating cost for externally vented

electric refrigerators and externally

vented electric refrigerator-freezers with

an anti-sweat heater switch shall be the

product of the following three factors:

(i) The representative average cycle of

365 cycles per year,

(ii) Half the sum of the average percycle energy consumption for the

standard cycle and the regional average

per-cycle energy consumption for a test

cycle type with the anti-sweat heater

switch in the position set at the factory

just prior to shipping, each in kilowatthours per cycle, determined according

to 6.3.7 of appendix A1 of this subpart,

and

(iii) The representative average unit

cost of electricity in dollars per

kilowatt-hour as provided by the

Secretary, the resulting product then

being rounded off to the nearest dollar

per year.

(9) The estimated regional annual

operating cost for any other specified

cycle type for externally vented electric

refrigerators and externally vented

electric refrigerator-freezers shall be the

product of the following three factors:

(i) The representative average cycle of

365 cycles per year,

(ii) The regional average per-cycle

energy consumption for the specified

cycle type, in kilowatt-hours per cycle,

determined according to 6.3.7 of

appendix A1 of this subpart, and

(iii) The representative average unit

cost of electricity in dollars per

kilowatt-hour as provided by the

Secretary, the resulting product then

being rounded off to the nearest dollar

per year.

* * * * *

3. Section 1 of Appendix A1 is

amended by adding the following

definition:

Appendix A1 to Subpart B of Part 430—

Uniform Test Method for Measuring the

Energy Consumption of Electric

Refrigerators and Electric RefrigeratorFreezers

1. Definitions

* * * * *

1.12 Externally vented refrigerator or

refrigerator-freezer means an electric

refrigerator or electric refrigerator-freezer

that: has an enclosed condenser or an

enclosed condenser/compressor

compartment and a set of air ducts for

transferring the exterior air from outside the

building envelope into, through and out of

the refrigerator or refrigerator-freezer cabinet;

is capable of mixing exterior air with the

room air before discharging into, through,

and out of the condenser or condenser/

compressor compartment; includes

thermostatically controlled dampers or

controls that enable the proper mixing of the

exterior and room air at low outdoor

temperatures, and the exclusion of exterior

air when the outdoor air temperature is above

80°F or the room air temperature. It may have

a thermostatically actuated exterior air fan.

4. Section 2 of Appendix A1 is

amended by adding the following new

sections:

2. Test Conditions

* * * * *

2.6 Exterior air for externally vented

refrigerator or refrigerator-freezer. An

exterior air source shall be provided with

adjustable temperature and pressure

capabilities. The exterior air temperature

shall be adjustable from 35±1 °F (1.7±0.6 °C)

to 90±1 °F (32.2±0.6 °C).

2.6.1 Air duct. The exterior air shall pass

from the exterior air source to the test unit

through an insulated air duct.

2.6.2 Air temperature measurement. The

air temperature entering the condenser or

condenser/compressor compartment shall be

maintained to ±3 °F (1.7 °C) during the

stabilization and test periods and shall be

measured at the inlet point of the condenser

or condenser/compressor compartment

(‘‘condenser inlet’’). Temperature

measurements shall be taken from at least

three temperature sensors or one sensor per

4 square inches of the air duct cross sectional

area, whichever is greater, and shall be

averaged. For a unit that has a condenser air

fan, a minimum of three temperature sensors

at the condenser fan discharge shall be

required. Temperature sensors shall be

arranged to be at the centers of equally

divided cross sectional areas. The exterior air

temperature, at its source, shall be measured

and maintained to ±1 °F (0.6 °C) during the

test period. The temperature measuring

devices shall have an error not greater than

±0.5 °F (±0.3 °C). Measurements of the air

temperature during the test period shall be

taken at regular intervals not to exceed four

minutes.

2.6.3 Exterior air static pressure. The

exterior air static pressure at the inlet point

of the unit shall be adjusted to maintain a

negative pressure of 0.20′′ ±0.05′′ water

column (62 Pa±12.5 Pa) for all air flow rates

supplied to the unit. The pressure sensor

shall be located on a straight duct with a

distance of at least 7.5 times the diameter of

the duct upstream and a distance of at least

3 times the diameter of the duct downstream.

There shall be four static pressure taps at 90°

angles apart. The four pressures shall be

averaged by interconnecting the four pressure

taps. The air pressure measuring instrument

shall have an error not greater than 0.01′′

water column (2.5 Pa).

5. Section 5 of Appendix A1 is

amended by adding the following new

sections:

5. Test measurements

* * * * *

5.4 Externally vented refrigerator or

refrigerator-freezer units. All test

measurements for the externally vented

refrigerator or refrigerator-freezer shall be

made in accordance with the requirements of

other sections of this Appendix, except as

modified in this section 5.4 or other sections

expressly applicable to externally vented

refrigerators or refrigerator-freezers.

5.4.1 Operability of thermostatic and

mixing of air controls. Prior to conducting

energy consumption tests, the operability of

thermostatic controls that permit the mixing

of exterior and ambient air when exterior air

temperatures are less than 60 °F must be

verified. The operability of such controls

shall be verified by operating the unit under

ambient air temperature of 90 °F and exterior

air temperature of 45 °F. If the inlet air

entering the condenser or condenser/

compressor compartment is maintained at 60

°F, plus or minus three degrees, energy

consumption of the unit shall be measured

under sections 5.4.2.2, and 5.4.2.3. If the inlet

air entering the condenser or condenser/

compressor compartment is not maintained

at 60 °F, plus or minus three degrees, energy
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules 16745

consumption of the unit shall also be

measured under section 5.4.2.4.

5.4.2 Energy consumption tests.

5.4.2.1 Correction factor test. To enable

calculation of a correction factor, K, two full

cycle tests shall be conducted to measure

energy consumption of the unit with air

mixing controls disabled and the condenser

inlet air temperatures set at 90 °F (32.2 °C)

and 80 °F (26.7 °C). Both tests shall be

conducted with all compartment temperature

controls set at the position midway between

their warmest and coldest settings and the

anti-sweat heater switch off. Record the

energy consumptions ec90 and ec80, in kWh/

day.

5.4.2.2 Energy consumption at 90 °F. The

unit shall be tested at 90 °F (32.2 °C) exterior

air temperature to record the energy

consumptions (e90)i in kWh/day. For a given

setting of the anti-sweat heater, i corresponds

to each of the two states of the compartment

temperature control positions.

5.4.2.3 Energy consumption at 60 °F. The

unit shall be tested at 60 °F (26.7 °C) exterior

air temperature to record the energy

consumptions (e60)i in kWh/day. For a given

setting of the anti-sweat heater, i corresponds

to each of the two states of the compartment

temperature control positions.

5.4.2.4 Energy consumption if mixing

controls do not operate properly. If the

operability of temperature and mixing

controls has not been verified as required

under section 5.4.1, the unit shall be tested

at 50 °F (10.0 °C) and 30 °F (¥1.1 °C) exterior

air temperatures to record the energy

consumptions (e50)i and (e30)i. For a given

setting of the anti-sweat heater, i corresponds

to each of the two states of the compartment

temperature control positions.

6. Section 6 of Appendix A1 is

amended by adding the following new

sections:

6. Calculation of Derived Results from Test

Measurements

* * * * *

6.3 Externally vented refrigerator or

refrigerator-freezers. Per-cycle energy

consumption measurements for the

externally vented refrigerator or refrigeratorfreezer shall be calculated in accordance with

the requirements of this Appendix, as

modified in sections 6.3.1—6.3.7.

6.3.1 Correction factor. A correction

factor, K, shall be calculated as:

K = ec90/ec80

Where ec90 and ec80 = the energy

consumption test results as determined

under section 5.4.2.1.

6.3.2 Combining test results of different

settings of compartment temperature

controls. For a given setting of the anti-sweat

heater, follow the calculation procedures of

section 6.2 to combine the test results for

energy consumption of the unit at different

temperature control settings for each

condenser inlet air temperature tested under

sections 5.4.2.2, 5.4.2.3, and 5.4.2.4, where

applicable, (e90)i, (e60)i, (e50)i, and (e30)i. The

combined values are ε90, ε60, ε50, and ε30,

where applicable, in kWh/day.

6.3.3 Energy consumption corrections.

For a given setting of the anti-sweat heater,

the energy consumptions ε90, ε60, ε50, and ε30

calculated in section 6.3.2 shall be adjusted

by multiplying the correction factor K to

obtain the corrected energy consumptions

per day, in kWh/day:

E90 = K x ε90,

E60 = K x ε60,

E50 = K x ε50, and

E30 = K x ε30

Where,

K is determined under section 6.3.1, and ε90,

ε60, ε50, and ε30 are determined under section

6.3.2.

6.3.4 Energy profile equation. For a given

setting of the anti-sweat heater, the energy

consumption Ex, in kWh/day, at a specific

exterior air temperature between 80 °F (26.7

°C) and 60 °F (26.7 °C) shall be calculated by

the following equation:

Ex = a + bTx,

Where,

Tx = exterior air temperature in °F;

a = 3E60¥2E90, in kWh/day;

b = (E90¥E60)/30, in kWh/day per °F.

6.3.5 Energy consumption at 80 °F (26.7

°C), 75 °F (23.9 °C) and 65 °F (18.3 °C). For

a given setting of the anti-sweat heater,

calculate the energy consumptions at 80 °F

(26.7 °C), 75 °F (23.9 °C) and 65 °F (18.3 °C)

exterior air temperatures, E80, E75 and E65,

respectively, in kWh/day, using the equation

in 6.3.4.

6.3.6 National average per cycle energy

consumption. For a given setting of the antisweat heater, calculate the national average

energy consumption, EN, in kWh/day, using

one of the following equations:

EN = 0.523 × E60 + 0.165 × E65 + 0.181 x E75

+ 0.131 x E80, for unit which is not tested

under section 5.4.2.4,

EN = 0.257 × E30 + 0.266 × E50 + 0.165 × E65

+ 0.181 × E75 + 0.131 × E80, for unit tested

under section 5.4.2.4,

Where,

E30, E50, and E60 are defined in 6.3.3,

E65, E75, and E80 are defined in 6.3.5, and the

coefficients are weather associated

weighting factors.

6.3.7 Regional average per cycle energy

consumption. If regional average per cycle

energy consumption is required to be

calculated, for a given setting of the antisweat heater, calculate the regional average

per cycle energy consumption, ER, in kWh/

day, for the regions in figure 1 using one of

the following equations and the coefficients

in the table A:

ER = a1 x E60 + c x E65 + d x E75 + e x E80,

for a unit that is not required to be tested

under section 5.4.2.4,

ER = a x E30 + b x E50 + c x E65 + d x E75

+ e x E80, for a unit tested under section

5.4.2.4,

Where,

E30, E50, and E60 are defined in 6.3.3,

E65, E75, and E80 are defined in 6.3.5, and a1,

a, b, c, d, e are weather associated

weighting factors for the Regions, as

specified in Table A:

TABLE A.—COEFFICIENTS FOR CALCULATING REGIONAL AVERAGE PER CYCLE ENERGY CONSUMPTION

[Weighting Factors]

Regions a1 a b c d e

I ......................................................................................... 0.282 0.039 0.244 0.194 0.326 0.198

II ........................................................................................ 0.486 0.194 0.293 0.191 0.193 0.129

III ....................................................................................... 0.584 0.302 0.282 0.178 0.159 0.079

IV ....................................................................................... 0.664 0.420 0.244 0.161 0.121 0.055

BILLING CODE 6450–01–P
16746 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Proposed Rules

BILLING CODE 6450–01–C

§ 430.62 [Amended]

7. Section 430.62(a)(2) is amended by

inserting after ‘‘(for refrigerators,

refrigerator-freezers, and freezers),’’ in

the first sentence, the following: ‘‘the

national average annual energy use and

adjusted volume (for externally vented

refrigerators and refrigerator-freezers),’’.

[FR Doc. 97–8937 Filed 4–7–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL 150; FRL–5804–3]

Approval and Promulgation of

Implementation Plan; Illinois

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: The USEPA is proposing to

approve the State Implementation Plan

(SIP) revision request submitted by the

Illinois Environmental Protection

Agency (IEPA) on August 15, 1996. In

the August 15 request, IEPA requested

that the Marathon Oil Company in

Robinson, Illinois be granted a carbon

monoxide variance with specified

conditions beginning January 19, 1996,

and ending August 4, 1997. In the Final

Rules section of this Federal Register,

USEPA is approving the State’s SIP

revision as a direct final rule without

prior proposal because the agency views

this as a noncontroversial SIP revision

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If USEPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. USEPA will not institute