Energy Dept - Conservation Rules for Walk in Coolers

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65362 Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

1DOE may also provide for a delayed effectivedate if the Secretary determines this three-yearperiod is inadequate. (42 U.S.C. 6313(f)(4)(B))

opportunity to operate withoutmarketing order requirements in orderto review the effectiveness of the order.During the suspension period, theindustry will be able to monitor thequality of potatoes being shipped.Should problems develop, suspensionof the order will provide the Committeethe alternative of reactivating the order.Therefore, the Committee voted tosuspend, rather than terminate, themarketing order.

Accordingly, no changes will be madeto the rule, based on the commentreceived.

A small business guide on complyingwith fruit, vegetable, and specialty cropmarketing agreements and orders may

be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.Any questions about the complianceguide should be sent to Laurel May atthe previously mentioned address in theFOR FURTHER INFORMATION CONTACTsection.

After consideration of all relevantmatter presented, including theinformation and recommendationsubmitted by the Committee and otheravailable information, it is hereby foundthat the order suspended by this finalrule, as hereinafter set forth, does nottend to effectuate the declared policy ofthe Act.

It is further found that good causeexists for not postponing the effectivedate of this rule until 30 days after

publication in the Federal Register (5U.S.C. 553) because handlers are awareof this rule, which was recommended ata public meeting. Also, a 60-daycomment period was provided for in theinterim rule.

List of Subjects in 7 CFR Part 953

Marketing agreements, Potatoes,Reporting and recordkeepingrequirements.

Accordingly, the interim rule thatsuspended 7 CFR part 953 and that waspublished at 76 FR 33967 on June 10,

2011, is adopted as a final rule, withoutchange.

Dated: October 14, 2011.

David R. Shipman,

Acting Administrator, Agricultural MarketingService.

[FR Doc. 201127275 Filed 102011; 8:45 am]

BILLING CODE 341002P

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE2011BTCE0050]

RIN 1904AC58

Energy Conservation Program:Compliance Date Regarding the Test

Procedures for Walk-In Coolers andFreezers and the Certification for MetalHalide Lamp Ballasts and Fixtures

AGENCY: Office of Energy Efficiency andRenewable Energy, Department ofEnergy.ACTION: Final rule.

SUMMARY: This document clarifies thecompliance date by whichmanufacturers must begin to useportions of a recently promulgated testprocedure (i.e., the April 15, 2011 finalrule) when certifying walk-in coolersand walk-in freezers. This document

also adopts regulatory text changes toreflect the U.S. Department of Energys(DOE) intent that only manufacturers ofcomponents of walk-in coolers andwalk-in freezers are required to submitcertification reports. Additionally, thefinal rule clarifies the types of test dataneeded to support the certification ofcompliance pursuant to DOEs existingtest procedures for walk-in coolers andwalk-in freezers and the recentlypromulgated test procedure for thisequipment. Finally, DOE is adopting anextension to the compliance date forwhich manufacturers, includingimporters, need to certify compliance tothe Department of metal halide lamp

ballasts and fixtures.DATES: This final rule is effectiveNovember 21, 2011.ADDRESSES: The docket (i.e., docketnumber EERE2011BTCE0050 and/or RIN number 1904AC58) is availablefor review athttp://www.regulations.gov,includingFederal Register notices, comments,and other supporting documents/materials. All documents in the docketare listed in the http://www.regulations.govindex. However,not all documents listed in the indexmay be publicly available, such asinformation that is exempt from publicdisclosure.FOR FURTHER INFORMATION CONTACT: Ms.Ashley Armstrong, U.S. Department ofEnergy, Office of Energy Efficiency andRenewable Energy, BuildingTechnologies Program, EE2J, 1000Independence Avenue, SW.,Washington, DC 205850121. E-mail:[email protected].

In the Office of the General Counsel,contact Ms. Laura Barhydt, U.S.

Department of Energy, Office of theGeneral Counsel, GC32, 1000Independence Avenue, SW.,Washington, DC 205850121.Telephone: (202) 2875772. E-mail:[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Test Procedures

for Walk-In Coolers and FreezersThe Energy Policy and Conservation

Act (EPCA), as amended by section312(c) of the Energy Independence andSecurity Act (EISA 2007), requires theDepartment of Energy (DOE) toprescribe a test procedure to measurethe energy use of walk-in coolers andfreezers (collectively, walk-ins orWICFs). See 42 U.S.C. 6314(a). DOErecently satisfied this requirement byissuing a final rule establishing a testprocedure for manufacturers to usewhen measuring the energy use orenergy efficiency of certain walk-in

components: Panels, non-display doors,display doors, and refrigeration systems.See 76 FR 21580 (April 15, 2011) (finalrule prescribing walk-in test procedures)and 76 FR 33631 (June 9, 2011) (noticecontaining corrected formulas).

Since the publication of thatrulemaking, DOE recognized a need toclarify the date by which manufacturersmust begin using the test procedure.The SUMMARY and DATES sections of thepreamble text to the final rule statedthat the test procedures will bemandatory for making representations ofenergy usage or energy efficiencystarting October 12, 2011; that is, 180days after publication of the testprocedure final rule. DOE published anotice of proposed rulemaking onAugust 9, 2011, which proposed toclarify that the compliance date forusing the new test procedure forcertifications of compliance will be thesame as the compliance date for theperformance-based energy conservationstandards currently under development.76 FR 48745. At this time, DOE plansto issue the performance-basedstandards final rule by 2012 andmanufacturers must comply with thosestandards within three years of

publication of the final rule. Thus,pending the completion of theperformance-based energy conservationstandards rulemaking, manufacturerswill be required to certify compliance tothose standards using the new testprocedure in 2015, unless DOE adoptsan alternative compliance date.1 Id.

In addition, DOE clarified the entityresponsible for certifying compliance to

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65363Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

the Department for WICFs in thepreamble of the certification,compliance, and enforcement final rulepublished on March 7, 2011 in theFederal Register. 76 FR 12422.Specifically, DOE discussed acertification scheme requiring the WICFcomponent manufacturer to certifycompliance to the Department. 76 FR

1244244. Since the March 2011 finalrule, DOE has received numerousadditional inquiries and questionsregarding this compliance scheme.Thus, the August 2011 NOPR proposedregulatory text in 10 CFR 429.53 tofurther clarify that only componentmanufacturers are required to submitcertifications of compliance with thecurrent standards (i.e., those design-

based standards resulting from theenactment of EISA 2007). 76 FR 48748.These clarifications are consistent withthe initial approach outlined in theMarch 2011 final rule and are meant to

help manufacturers further determinewho is responsible for certifyingcompliance to the Department.

II. Background for the CertificationCompliance Date of Metal Halide LampFixtures

DOEs recent certification, complianceand enforcement rulemaking extendedthe compliance dates for certification ofseveral types of commercial equipment.76 FR 38287, 38292. Specifically, DOEextended the certification compliancedate for manufacturers of metal halidelamp fixtures to October 1, 2011. Sincethe issuance of the final rule, additional

information has come to the attention ofthe DOE regarding a lack of sufficienttest data to support certification on thefull sample required by DOEsregulations. To provide parity withsimilarly situated manufacturers ofother types of commercial equipment,DOE proposed to extend thecertification compliance date further formanufacturers of metal halide lampfixtures, requiring submittal of acertification report no later than 1 yearfollowing publication of this final rule(i.e., approximately October 2012). 76FR 48747, 48748.

III. Discussion of Comments andSummary of Final Rule

In response to the August 2011 NOPR,DOE received 3 comments, which arediscussed in detail below.

A. Walk-In Coolers and Freezers

The Air-Conditioning, Heating, andRefrigeration Institute (AHRI) did notagree with DOEs proposal to set the testprocedure compliance date to be thesame as the date of compliance with thestandards, but stated that the

manufacturers should not beresponsible for compliance until after analternate efficiency determinationmethod (AEDM) rulemaking iscomplete. AHRI urged DOE to set thetest procedure compliance date nosooner than 3 years from the completionof an AEDM rulemaking. (AHRI, No.0006 at p. 2)

In response to the comment fromAHRI, DOE clarifies that once thecompliance date of the walk-in energyconservation standard is reached,manufacturers must use the new DOEtest procedure to certify compliancewith the performance-based standards.However, if use of an AEDM is allowed,manufacturers may use the AEDM tocertify compliance as long as themanufacturers satisfy DOEs provisionsgoverning the use of the AEDM. DOEintends to complete both the AEDM andperformance-based standards rules in2012. While the exact compliance date

cannot be predicted at this time, DOEexpects the publication of these twofinal rules to be on a similar schedule.As a result, consistent with AHRIssuggestion, under the rulemakingschedule currently underway, DOEanticipates that manufacturers are likelyto have at least 3 years to make thetransition to the new test procedure.

Regarding energy use representations,Hill Phoenix, a manufacturer of panelsused in walk-in applications, stated thatrequiring energy representations (otherthan those based on R-value) to be basedon the new test procedure (starting onOctober 12, 2011) would be unduly

burdensome to manufacturers becausethe National Sanitation FoundationInternational (NSF) requires panelmanufacturers to provide the panels U-factor if the panel manufacturer is notproviding refrigeration systems with thepanels. Hill Phoenix recommended thatDOE allow manufacturers additionaltime to complete the testing forpurposes of representations, andrecommended that the new testprocedures only be used when the newstandards go into effect (i.e., three yearsafter publication). (Hill Phoenix, No.0005 at p. 1)

Under 42 U.S.C. 6314(d), 180 daysafter DOE has published a testprocedure, no manufacturer, distributor,retailer, or private labeler may make anyrepresentation in writing or in any

broadcast advertisement regarding theenergy consumption of coveredequipmentor the cost of energyconsumed by that equipmentunlessthat equipment has been tested inaccordance with that test procedure. See42 U.S.C. 6314(d)(1). DOE is permittedto extend that 180-day requirement oncefor no more than 180 days upon receipt

of a timely submitted petition (i.e.submitted no later than the 60th day

before the expiration of the periodinvolved) from a manufacturer,distributor, retailer, or private labeler. Inthis case, a timely petition should have

been filed by August 12, 2011; HillPhoenixs comments were submitted onAugust 30, 2011. As a result, DOE

cannot treat this comment as havingbeen filed in a timely manner inaccordance with this provision.

Nevertheless, DOE carefully examinedthis issue. After reviewing this issue,DOE has concluded that manufacturerswho have already conducted therequired testing in accordance with thatnew (April 2011) test procedure would

be able to make the requiredrepresentations, including those madeto NSF. NSF certification is an ongoingprocess and must be maintained bymanufacturers producing equipment forthe food industry, which represent the

vast majority of manufacturers in thewalk-in industry. Manufacturers havehad several months since thepromulgation of that final rule to initiateand complete testing necessary formaking these representations. While theU-factor testing required by DOE,including long-term thermal resistancetesting, may take time to perform, DOEhas no statutory authority to relievemanufacturers of the representationrequirement under 42 U.S.C. 6314(d). Inconsideration of these factors, DOEcannot extend the amount of timeavailable to manufacturers before theymust begin to use the new April 2011

test procedure for all representations ofenergy use or energy efficiency usingthe new DOE test procedure, includingU-factor.

DOE encourages voluntarycompliance with the new test procedureprior to the compliance date of anyenergy conservation performance-basedstandards that may be set for walk-inequipment. However, if DOE sets energyconservation standards for walk-inequipment, the new test procedure must

be used once the compliance date forthose standards is reached.

DOE also notes that manufacturers

must still use DOEs current testingprocedure in 431.304(b)(1)(4) to certifycompliance to the EISA 2007 R-valuestandards. All R-value representationsmust be determined using DOEs testingprocedure and sampling plans for WICFpanels.

In the test procedure final rule, DOEestablished the industry standard AHRI12502009 as the method for testingwalk-in refrigeration systems. See 76 FR33631. AHRI recommended that theentity responsible for certifyingcompliance should be the party



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65364 Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

responsible for the rating of the entirerefrigeration system as prescribed by theDOE test procedure. AHRI also statedthat the party responsible for rating therefrigeration system would notnecessarily be the manufacturer makingthe individual components constitutingthe refrigeration system (e.g., unitcoolers or condensing units). AHRI

requested that DOE clarify this point inthe final rule. (AHRI, No. 0006 at p. 2)DOE plans to clarify which entity would

be responsible for certifying compliancewith any potential performance-basedstandard that DOE may set as part of theplanned rulemaking addressingpotential standards for walk-inequipment. DOE will consider AHRIscomments, along with others that aresubmitted, in that rulemakingproceeding.

DOE notes its adoption of provisionsregarding testing for WICF panels intodays final rule. Specifically, DOE is

clarifying that manufacturers are not,and will not, be required to test non-foam members and/or edge regionsusing the ASTM C518 test procedureprescribed in EPCA. Non-foam membersand edge regions are only considered inthe U-factor testing using ASTM C1363,which is part of the new DOE testprocedures. Manufacturers havequestioned whether the metal facersshould be in place during testing. DOEdoes not consider the facers to bestructural members. DOE believesthat the measurement of the R-value ofthe foam with facers should be equal toa measurement of the R-value of the

foam without the facers. Consistent withthis approach, DOE is adopting thefollowing clarification in todays finalrule: Foam produced inside of a panel* * * must be tested in its final foamedstate and must not include anystructural members or non-foammaterials other than the panelsprotective skins or facers.

Finally, DOE notes its adoption ofprovisions regarding testing for WICFpanels in todays final rule. DOE isadopting regulatory text to clarify thatthe entity responsible for certifyingcompliance is the WICF component

manufacturer. Furthermore, DOE isclarifying that only door, panel and fanmotor WICF component manufacturersare required to submit certifications ofcompliance with the current standards(i.e., those design-based standardsresulting from the enactment of EISA2007). DOE emphasizes that WICFsdistributed in commerce in the UnitedStates must meet allof the designstandards enacted in EISA 2007,irrespective of whether a certificationreport is required. DOE also notes thatit is clarifying that the anti-sweat heater

power draw should be reported in wattsper square foot of door opening, whichis consistent with the units used in thecurrent EISA 2007 standards.

B. Metal Halide Lamp Ballast andFixtures

Due to the lack of sufficient test datato support certification as further

outlined above, DOE proposed to extendthe certification compliance date formanufacturers of metal halide lampfixtures and to require the submittal ofan initial certification report by no laterthan one year following publication ofthe final rule. 76 FR 48747, 48748. Inresponse, NEMA supported DOEsproposed one year extension. Inaddition, NEMA requested that DOEconsider aligning the initial certificationand annual certification reporting datesto reduce reporting burden. (NEMA, No.0002, p. 1) DOE is adopting a 1-yearextension from publication of the final

rule for manufacturers to submitcertification reports to DOE for all basicmodels distributed in commerce. Sincethe 1-year extension will be after theannual submission deadline for 2012,the annual requirement does not applyfor that particular year. DOE notes thatin the years following 2012,manufacturers will still be required tomeet the annual filing deadline ofSeptember 1.

IV. Procedural Issues and RegulatoryReview

A. Review Under Executive Order 12866

This final rule has been determinednot to be a significant regulatoryaction under section 3(f) of ExecutiveOrder 12866. Accordingly, this actionwas not subject to review under theExecutive Order by the Office ofInformation and Regulatory Affairs(OIRA) in the Office of Management andBudget (OMB).

B. Review Under the RegulatoryFlexibility Act

The Regulatory Flexibility Act (5U.S.C. 601 et seq.) requires preparationof an initial regulatory flexibility

analysis (IRFA) for any rule that by lawmust be proposed for public comment,unless the agency certifies that the rule,if promulgated, will not have asignificant economic impact on asubstantial number of small entities. Asrequired by Executive Order 13272,Proper Consideration of Small Entitiesin Agency Rulemaking, 67 FR 53461(August 16, 2002), DOE publishedprocedures and policies on February 19,2003, to ensure that the potentialimpacts of its rules on small entities areproperly considered during the DOE

rulemaking process. 68 FR 7990. DOEhas made its procedures and policiesavailable on the Office of the GeneralCounsels Web site: http://www.gc.doe.gov.

DOE reviewed this final rule underthe provisions of the RegulatoryFlexibility Act and the procedures and

policies published on February 19,2003. This final rule would merelyextend the compliance date of arulemaking already promulgated. To theextent such action has any economicimpact it would be positive in that itwould allow regulated partiesadditional time to come intocompliance. DOE did undertake a fullregulatory flexibility analysis of theoriginal test procedures rulemaking.That analysis considered the impacts ofthat rulemaking on small entities. As aresult, DOE certifies that, this final rule,which would clarify the application of

the test procedures, would not have asignificant economic impact on asubstantial number of small entities.

C. Review Under the NationalEnvironmental Policy Act

DOE has determined that this rulefalls into a class of actions that arecategorically excluded from reviewUnder the National EnvironmentalPolicy Act of 1969 (42 U.S.C. 4321 etseq.) and DOEs implementingregulations at 10 CFR part 1021.Specifically, this rule amends an

existing rule without changing itsenvironmental effect and, therefore, iscovered by the Categorical Exclusion in10 CFR part 1021, subpart D, paragraphA5. Accordingly, neither anenvironmental assessment nor anenvironmental impact statement isrequired.

V. Approval of the Office of theSecretary

The Secretary of Energy has approvedpublication of todays final rule.

List of Subjects

10 CFR Part 429

Energy conservation, Householdappliances, Reporting andrecordkeeping requirements.

10 CFR Part 431

Administrative practice andprocedure, Energy conservation,Reporting and recordkeepingrequirements.

http://www.gc.doe.gov/http://www.gc.doe.gov/http://www.gc.doe.gov/http://www.gc.doe.gov/


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65365Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

Issued in Washington, DC, on October 13,2011.

Kathleen B. Hogan,

Deputy Assistant Secretary for EnergyEfficiency, Office of TechnologyDevelopment, Energy Efficiency andRenewable Energy.

For the reasons set forth in thepreamble, DOE amends parts 429 and

431 of chapter II of title 10 of the Codeof Federal Regulations to read asfollows:

PART 429CERTIFICATION,COMPLIANCE, AND ENFORCEMENTFOR CONSUMER PRODUCTS ANDCOMMERCIAL AND INDUSTRIALEQUIPMENT

1. The authority citation for part 429continues to read as follows:

Authority: 42 U.S.C. 62916317.

2. Revise 429.12(i)(6) to read as

follows: 429.12 General requirements applicableto certification reports.

* * * * *(i) * * *(6) Metal halide lamp ballasts and

fixtures, October 22, 2012.

3. Revise 429.53(b) to read asfollows:

429.53 Walk-in coolers and walk-infreezers.

* * * * *(b) Certification reports. (1) Except

that 429.12(b)(6) applies to the

certified component, the requirementsof 429.12 are applicable tomanufacturers of the components ofwalk-in coolers and freezers (WICFs)listed in paragraph (b)(2) of this section,and;

(2) Pursuant to 429.12(b)(13), acertification report shall include thefollowing public product-specificinformation:

(i) For WICF doors: The door type, R-value of the door insulation, and adeclaration that the manufacturer hasincorporated the applicable designrequirements. In addition, for those

WICFs with transparent reach-in doorsand windows: The glass type of thedoors and windows (e.g., double-panewith heat reflective treatment, triple-pane glass with gas fill), and the powerdraw of the antisweat heater in wattsper square foot of door opening.

(ii) For WICF panels: The R-value ofthe insulation (except for glazedportions of the doors or structuralmembers)

(iii) For WICF fan motors: The motorpurpose (i.e., evaporator fan motor orcondenser fan motor), the horsepower,

and a declaration that the manufacturerhas incorporated the applicable designrequirements.

PART 431ENERGY EFFICIENCYPROGRAM FOR CERTAINCOMMERCIAL AND INDUSTRIALEQUIPMENT

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

Authority: 42 U.S.C. 62916317.

5. Section 431.304 is amended by: a. Redesignating paragraph (b) asparagraph (c);b. Adding a new paragraph (b); c. In newly redesignated paragraph(c), revising the paragraph heading;adding new introductory text prior toparagraph (c)(1); redesignatingparagraphs (c)(5) through (c)(8) asparagraphs (c)(7) through (c)(10); andadding new paragraphs (c)(5) and (c)(6).

The revisions and additions read asfollows:

431.304 Uniform test method for themeasurement of energy consumption ofwalk-in coolers and walk-in freezers.

* * * * *(b) Testing and CalculationsEISA

2007 Test Procedure. Manufacturersshall use this paragraph (b) for thepurposes of certifying compliance withthe applicable energy conservationstandards of the R-value of panels until

January 1, 2015.(1) The R value shall be the 1/K factor

multiplied by the thickness of the panel.

(2) The K factor shall be based onASTM C518 (incorporated by reference,see 431.303).

(3) For calculating the R value forfreezers, the K factor of the foam at 20degrees Fahrenheit (average foamtemperature) shall be used.

(4) For calculating the R value forcoolers, the K factor of the foam at 55degrees Fahrenheit (average foamtemperature) shall be used.

(5) Foam shall be tested after it isproduced in its final chemical form.Foam produced inside of a panel(foam-in-place) must be tested in its

final foamed state and must not includeany structural members or non-foammaterials other than the panelsprotective skins or facers. A test sampleless than or equal to 4 inches thick must

be taken from the center of the foam-in-place panels. Foam produced as boardstock may be tested prior to itsincorporation into a final panel.

(6) Manufacturers are not required toconsider non-foam member and/or edgeregions in ASTM C518 testing.

(c) Testing and CalculationsAmended Test Procedures.

Manufacturers shall use this paragraph(c) for any representations of energyefficiency/energy use starting onOctober 12, 2011 and to certifycompliance to the energy conservationstandards of the R-value of panels on orafter January 1, 2015.

* * * * *(5) For ASTM C518 testing, foam shall

be tested after it is produced in its finalchemical form. Foam produced inside ofa panel (foam-in-place) must be testedin its final foamed state and must notinclude any structural members or non-foam materials other than the panelsprotective skins or facers. A test sampleless than or equal to 4 inches thick must

be taken from the center of the foam-in-place panels. Foam produced as boardstock may be tested prior to itsincorporation into a final panel.

(6) Manufacturers are not required toconsider non-foam member and/or edgeregions in ASTM C518 testing.

* * * * *[FR Doc. 201127154 Filed 102011; 8:45 am]

BILLING CODE 645001P

DEPARTMENT OF HOMELANDSECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 10, 24, 162, 163, and 178

[USCBP20100041; CBP Dec. 1119]

RIN 1515AD68

United States-OMAN Free TradeAgreement

AGENCIES: U.S. Customs and BorderProtection, Department of HomelandSecurity; Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document adopts as afinal rule, without change, interimamendments to the Customs and BorderProtection (CBP) regulations whichwere published in the Federal Registeron January 6, 2011, as CBP Dec. 1101

to implement the preferential tarifftreatment and other customs-relatedprovisions of the United StatesOmanFree Trade Agreement entered into bythe United States and the Sultanate ofOman.

DATES: Final rule effective November 21,2011.

FOR FURTHER INFORMATION CONTACT:Textile Operational Aspects: NancyMondich, Office of International Trade,(202) 8636524. Other OperationalAspects: Seth Mazze, Office of


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Energy Dept - Conservation Rules for Walk in Coolers