[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Proposed Rules]
[Pages 9979-9987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05131]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / 
Proposed Rules  

[[Page 9979]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2017-BT-TP-0006]


Energy Conservation Program: Test Procedure for Automatic 
Commercial Ice Makers

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

ACTION: Request for information.

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

SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data 
collection process through this request for information (``RFI'') to 
consider whether to amend DOE's test procedure for automatic commercial 
ice makers (``ACIM'' or ``ice makers''). To inform interested parties 
and to facilitate this process, DOE has gathered data, identifying 
several issues associated with the currently applicable test procedure 
on which DOE is interested in receiving comment. The issues outlined in 
this document mainly concern new versions of the industry standards 
that the current DOE test procedure incorporates by reference; 
consideration of additional specifications and amendments that may 
improve the accuracy of the test procedure or reduce the testing burden 
on manufacturers; and any additional topics that may inform DOE's 
decisions in a future test procedure rulemaking, including methods to 
reduce regulatory burden while ensuring the procedure's accuracy. DOE 
welcomes written comments from the public on any subject within the 
scope of this document (including topics not raised in this RFI).

DATES: Written comments and information are requested and will be 
accepted on or before April 18, 2019.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2017-BT-
TP-0006, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket number EERE-
2017-BT-TP-0006 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Phone: (202) 287-
1445. If possible, please submit all items on a CD, in which case it is 
not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://www.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.
    The docket web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=53&action=viewlive. The docket web page 
contains simple instructions on how to access all documents, including 
public comments, in the docket. See section III for information on how 
to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1943. Email: [email protected].
    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-9496. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Scope and Definition
    B. Test Procedure
    C. Industry Test Method Harmonization
    D. Standby Energy Use
    E. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    ACIM are included in the list of ``covered products'' for which DOE 
is authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6311(1)(F)) DOE's test procedure for ACIM 
is prescribed at 10 CFR 431.134. The following sections discuss DOE's 
authority to establish and amend the test procedure for ACIM, as well 
as relevant background information regarding DOE's consideration of 
test procedures for this equipment.

A. Authority and Background

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA''), Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and certain industrial equipment.\1\ Title 
III, Part C of EPCA established the Energy Conservation Program for 
Certain Industrial

[[Page 9980]]

Equipment, which sets forth a variety of provisions designed to improve 
energy efficiency.\2\ This equipment includes ACIM, the subject of this 
RFI. (42 U.S.C. 6311(1)(F))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Federal 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 pursuant to EPCA (42 U.S.C. 
6316(a); 42 U.S.C. 6295(s)), 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(a); 42 
U.S.C. 6295(s))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered equipment. EPCA requires that any test procedures 
prescribed or amended under this section must be reasonably designed to 
produce test results which reflect energy efficiency, energy use or 
estimated annual operating cost of a given type of covered equipment 
during a representative average use cycle and requires that test 
procedures not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
the test procedures for each type of covered equipment, including ACIM, 
to determine whether amended test procedures would more accurately or 
fully comply with the requirements for test procedures not to be unduly 
burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle. (42 U.S.C. 
6314(a)(1)) In addition, if the Secretary determines that a test 
procedure amendment is warranted, the Secretary must publish proposed 
test procedures in the Federal Register, and afford interested persons 
an opportunity (of not less than 45 days' duration) to present oral and 
written data, views, and arguments on the proposed test procedures. (42 
U.S.C. 6314(b)) If DOE determines that test procedure revisions are not 
appropriate, DOE must publish its determination not to amend the test 
procedures. DOE is publishing this RFI to collect data and information 
to inform its decision in satisfaction of the 7-year review requirement 
specified in EPCA. (42 U.S.C. 6314(a)(1))

B. Rulemaking History

    EPCA prescribed the first Federal test procedure for ice makers, 
directing that the ACIM test procedure is the Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) Standard 810-2003, 
``Performance Rating of Automatic Commercial Ice-Makers.'' (42 U.S.C. 
6314(a)(7)(A)) EPCA further stipulated that if AHRI 810-2003 was 
revised, DOE must amend the DOE test procedure as necessary to be 
consistent with the amended AHRI Standard unless DOE determines, by 
rule and supported by clear and convincing evidence, that to do so 
would not meet the requirements for test procedures set forth in EPCA. 
(42 U.S.C. 6314(a)(7)(B)) 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))
    Pursuant to these provisions, on December 8, 2006, DOE published a 
final rule (``the 2006 en masse final rule'') that, among other things, 
adopted the test procedure specified in AHRI Standard 810-2003 as the 
Federal test procedure for ice makers. 71 FR 71339. DOE also adopted a 
clarified energy use rate equation to specify that energy use be 
calculated using the entire mass of ice produced during the testing 
period, normalized to 100 pounds of ice produced. Id. at 71 FR 71350. 
The DOE test procedure also incorporated by reference the American 
National Standards Institute (``ANSI'')/American Society of Heating, 
Refrigerating and Air-Conditioning Engineers (``ASHRAE'') Standard 29-
1988 (Reaffirmed 2005) (``ASHRAE Standard 29-1988 (RA 2005)''), 
``Method of Testing Automatic Ice Makers,'' as the method of testing. 
The 2006 en masse final rule preamble stated that the adopted test 
procedure was applicable to ACIM that produce cube type ice with 
capacities between 50 and 2,500 lb/24 h. Id. at 71 FR 71351.
    Subsequently, on January 11, 2012, DOE satisfied its statutory 
obligation under 42 U.S.C. 6314(a)(7)(B) to amend the ACIM test 
procedure by incorporating by reference AHRI Standard 810-2007 with 
Addendum 1 ``2007 Standard for Performance Rating of Automatic 
Commercial Ice Makers'' (``AHRI 810-2007'') and ANSI/ASHRAE Standard 
29-2009 ``Method of Testing Automatic Ice Makers,'' (including Errata 
Sheets issued April 8, 2010 and April 21, 2010), approved January 28, 
2009 (``ASHRAE 29-2009''). 77 FR 1591 (``January 2012 ACIM TP final 
rule''). Consistent with the statutory definition of ACIM and the 
updated AHRI 810-2007, the amended DOE test procedure expanded the 
scope of the test procedure to include equipment with capacities from 
50 to 4,000 lb/24 h. The updated DOE test procedure also (1) provided 
test methods for continuous type ice makers and batch type ice makers 
that produce other than cube type ice, (2) standardized the measurement 
of energy and water use for continuous type ice makers with respect to 
ice hardness, (3) clarified the test method and reporting requirements 
for remote condensing automatic commercial ice makers designed for 
connection to remote compressor racks, and (4) discontinued the use of 
a clarified energy use rate calculation to instead reference the 
calculation of energy use per 100 pounds of ice as specified in ASHRAE 
29-2009. Id. The amended test procedure became mandatory for equipment 
testing beginning on January 7, 2013. Id.

II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether amended test procedures for ACIM 
would more accurately or fully comply with the requirements in EPCA 
that test procedures: (1) Be reasonably designed to produce test 
results which reflect energy use during a representative average use 
cycle, and (2) not be unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2)) Specifically, DOE is requesting comment on any 
opportunities to streamline and simplify testing requirements for ACIM.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process that may not specifically be identified in this 
document. In particular, DOE notes that under Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' Executive 
Branch agencies such as DOE are directed to manage the costs associated 
with the imposition of expenditures required to comply with Federal 
regulations. 82 FR 9339 (Feb. 3, 2017). Consistent with that Executive 
Order, DOE encourages the public to provide input on measures DOE could 
take to lower the cost of its regulations applicable to ACIM

[[Page 9981]]

consistent with the requirements of EPCA.

A. Scope and Definition

    DOE defines an automatic commercial ice maker as a factory-made 
assembly (not necessarily shipped in one package) that (1) consists of 
a condensing unit and ice-making section operating as an integrated 
unit, with means for making and harvesting ice; and (2) may include 
means for storing ice, dispensing ice, or storing and dispensing ice. 
10 CFR 431.132.
1. Modulating Capacity Ice Maker
    A modulating capacity ice maker is one designed to be capable of 
operating at multiple capacity levels. This modulation presumably could 
be accomplished by using a single compressor with multiple or variable 
capacity, using multiple compressors, or in some other manner. In the 
January 2012 ACIM TP final rule, DOE did not set a test method for 
measuring the energy use or water consumption of automatic commercial 
ice makers that are capable of operating at multiple capacities. 77 FR 
1591, 1601-1602 (Jan. 11, 2012). The decision to exclude modulating 
capacity ice makers was based on the lack of existing automatic 
commercial ice makers with modulating capacity, as well as limited 
information regarding how such equipment would function. At this time, 
DOE is unaware of any such products that are currently available in the 
market. DOE is interested in whether modulating capacity ice makers are 
currently sold in the market and, if so, the design characteristics, 
operation, and testing of such equipment.
    Issue 1: DOE requests comment on whether any modulating capacity 
ice makers are currently available in the market. If such products are 
currently available, DOE requests information on how such equipment 
functions, such as typical capacity ranges and the relative frequency 
of use at different capacity ranges, and how such equipment is 
currently tested.

B. Test Procedure

    In accordance with the review process under 42 U.S.C. 
6314(a)(1)(A), DOE has determined the test procedure potentially could 
be improved by modifying some of its provisions to more accurately or 
fully comply with the requirements in EPCA that a test procedure be 
reasonably designed to reflect energy use during a representative 
average use cycle and not be unduly burdensome to conduct.
1. Updates to Industry Standards
    The existing DOE ACIM test procedure incorporates by reference AHRI 
810-2007, which refers to test methods in ASHRAE Standard 29. The DOE 
test procedure additionally specifies that references to ASHRAE 29 in 
AHRI 810-2007 refer to ASHRAE 29-2009.\3\ 10 CFR 431.134(b).
---------------------------------------------------------------------------

    \3\ The DOE ACIM test procedure also incorporates by reference 
ASHRAE 29-2009. 10 CFR 431.133.
---------------------------------------------------------------------------

    Since publication of the January 2012 ACIM TP final rule, both AHRI 
and ASHRAE have published new versions of the referenced standards. The 
most recent versions are AHRI 810-2016 and ASHRAE 29-2015. DOE has 
reviewed the most recent versions of both AHRI 810 and ASHRAE 29 and 
has compared the updated versions of these industry standards to those 
currently incorporated by reference in the ACIM test procedure. The 
updates published in ASHRAE 29-2015 provide additional specificity to 
several aspects of the test method. In general, DOE has tentatively 
determined that these updates increase the precision and improve the 
repeatability of the test method, but do not fundamentally change the 
testing process, ambient test conditions, or test results. In addition, 
ASHRAE made several grammatical, editorial, and formatting changes to 
improve the clarity of the test method. DOE has tentatively determined 
that these changes would not affect how the test is conducted. Table 
II.1 summarizes the primary substantive changes between ASHRAE 29-2009 
and ASHRAE 29-2015.

Table II.1--Summary of Changes Between ASHRAE 29-2009 and ASHRAE 29-2015
------------------------------------------------------------------------
           Requirement              ASHRAE 29-2009      ASHRAE 29-2015
------------------------------------------------------------------------
Test Room Operations............  None..............  No changes to the
                                                       test room shall
                                                       be made during
                                                       operation of the
                                                       ice maker under
                                                       test that would
                                                       impact the
                                                       vertical ambient
                                                       temperature
                                                       gradient or the
                                                       ambient air
                                                       movement.
Temperature Measuring             Accuracy of 1.0 [deg]F    resolution of
                                   and resolution of   1.0
                                   <=2.0 [deg]F.       [deg]F; where
                                                       accuracy greater
                                                       than 1.0 [deg]F,
                                                       the resolution
                                                       shall be at least
                                                       equal to the
                                                       accuracy
                                                       requirement.
Harvest Water Collection........  None..............  Harvest water
                                                       shall be captured
                                                       by a non-
                                                       perforated pan
                                                       located below the
                                                       perforated pan.
Ice Collection Container          ``Perforated pan,   Requirements
 Specifications.                   bucket, or wire     regarding water
                                   basket'' and        retention weight
                                   ``non-perforated    and perforation
                                   pan or bucket''.    size for
                                                       perforated pans
                                                       and ``solid
                                                       surface'' for non-
                                                       perforated pan.
Pressure Measuring Instruments..  None..............  Accuracy of and
                                                       resolution of
                                                       2.0%
                                                       of the quantity
                                                       measured.
Sampling Rate...................  None..............  Maximum interval
                                                       between data
                                                       samples of 5 sec.
Supply Water Temperature and      1       1
 Pressure.                         [deg]F (water       [deg]F (water
                                   supply              supply
                                   temperature).       temperature) and
                                                       ``within
                                                       specified
                                                       range*'' (water
                                                       pressure) during
                                                       water fill
                                                       interval.
Inlet Air Temperature             Measure a minimum   Measure at a
 Measurement.                      of 2 places,        location
                                   centered 1 ft       geometrically
                                   from the air        center to the
                                   inlet(s).           inlet area at a
                                                       distance 1 ft
                                                       from each inlet.
Minimum Clearances..............  18 inches on all    3 ft or the
                                   sides.              minimum clearance
                                                       allowed by the
                                                       manufacturer,
                                                       whichever is
                                                       greater.

[[Page 9982]]

 
Stabilization Criteria..........  Three consecutive   Two consecutive
                                   14.4 minute         15.0 min 2.5 sec
                                   (continuous)        samples taken
                                   taken within a      within 5 mins of
                                   1.5 hr period or    each other
                                   two consecutive     (continuous)
                                   batches (batch-     within 2% or
                                   type) where         0.055 lbs or two
                                   amount of           consecutive 24-hr
                                   harvested ice       calculated ice
                                   does not vary by    production rate
                                   more than 2%.           consecutive
                                                       batches (batch)
                                                       where harvested
                                                       ice is within
                                                       2% or
                                                       2.2 lb.
------------------------------------------------------------------------
Capacity Test Ice Collection....  Three consecutive   Clarify that batch
                                   14.4 min samples    ice should be
                                   (continuous) or     weighed 30 2.5 s after
                                                       collection and
                                                       continuous ice
                                                       samples must be
                                                       within 5 mins of
                                                       each other.
------------------------------------------------------------------------
Calorimetry Testing.............  For continuous      Clarified that ice
                                   type ice makers,    must be collected
                                   collect sample      with non-
                                   size ``suitable     perforated bin
                                   for test'' and      and that the
                                   conduct             sample size must
                                   calorimetry         be 6 lb or 15
                                   testing described   mins of ice
                                   in Appendix A.      production,
                                                       whichever is
                                                       achieved first.
                                                      Also, significant
                                                       changes made to
                                                       Appendix A to
                                                       clarify the
                                                       calibration of
                                                       the calorimeter,
                                                       test process, and
                                                       calculation
                                                       methods.
------------------------------------------------------------------------
Recorded Data...................  ..................  Clarified that
                                                       ambient
                                                       temperature
                                                       gradient (at
                                                       rest), maximum
                                                       air-circulation
                                                       velocity (at
                                                       rest), and water
                                                       pressure must
                                                       also be
                                                       collected.
------------------------------------------------------------------------
* AHRI 810-2007 specifies the inlet water pressure of 30.0 3.0 psig.

    AHRI 810-2016 was also updated to include a definition, 
measurement, and reporting requirements for potable water use rate. 
These are discussed in more detail in section II.C.in this RFI. The 
other changes to AHRI 810-2016 are primarily clerical in nature, 
intended to provide greater consistency in the use of terms and 
specific definitions for those terms. The primary changes include 
updating the defined equipment varieties to be more consistent with DOE 
definitions, using the defined terms more consistently throughout the 
standard, and adding definitions for many of the reported quantities. 
AHRI 810-2016 also references the latest version of ASHRAE 29, ASHRAE 
29-2015.
    Based on DOE's review, the changes to AHRI 810-2016 and ASHRAE 29-
2015 serve primarily to improve the consistency and specificity of the 
test procedure and would not fundamentally alter the test method or 
test parameters. As such, these updates would not result in a change to 
the measured energy consumption of covered equipment. DOE seeks comment 
and data on this preliminary determination.
    Issue 2: DOE seeks comment on updating the DOE test procedure to 
incorporate by reference the latest industry standards: AHRI 810-2016 
and ASHRAE 29-2015. Specifically, DOE requests comment on whether 
incorporating by reference these industry standards would more 
accurately reflect energy efficiency during a representative average 
use cycle or reduce testing burden. Additionally, DOE seeks comment on 
the benefits and burdens of adopting any industry/voluntary consensus-
based or other appropriate test procedure, without modification.
    DOE is aware of one aspect of ASHRAE 29 found in both the 2009 and 
2015 versions that may need further instruction. For continuous type 
ACIM, the energy use and condenser water use are determined by 
multiplying the measured values by the ice hardness adjustment factor. 
The ice hardness factor is determined by following the procedure 
specified in the ``Method of Calorimetry'' in Normative Annex A of 
ANSI/ASHRAE 29-2009. Section A2 specifies that the calorimeter constant 
shall be no greater than 1.02. ASHRAE 29-2015 specifies that the 
calorimeter constant must be in the range of 1.0 to 1.02. DOE is aware 
that some third-party labs have had difficulty achieving the 
calorimeter constant requirements specified in ASHRAE 29-2009 (and 
therefore, also those specified in ASHRAE 29-2015). Amended 
instructions regarding the calorimeter constant may reduce testing 
burden while maintaining the accuracy of the test procedure.
    Issue 3: DOE requests comment on whether further instruction is 
necessary to achieve the required calorimeter constant as specified in 
ASHRAE 29-2009 and ASHRAE 29-2015. DOE also seeks information on how 
manufacturers and third-party labs are currently testing and measuring 
the calorimeter constant for the ice hardness adjustment factor and if 
there are any best practices to ensure the calorimeter constant remains 
in the required range. Alternatively, DOE requests feedback on whether 
a wider range of allowable calorimeter constant would allow for less 
burden on manufacturers while still accurately measuring energy use 
during a representative average use cycle.
2. Other Updates to the Federal Test Method
a. Test Setup and Equipment Configuration
    DOE is interested in learning if additional direction on how 
certain equipment should be configured for and operated during testing, 
including installation of temporary baffles and purge settings, may 
improve the accuracy of the test procedure and reduce testing burden.
Temporary Baffles
    After publication of the January 2012 TP final rule, DOE received 
an inquiry as to whether the DOE test procedure allows for temporary 
air baffles to be installed between the ACIM condenser air discharge 
and condenser air inlet. DOE issued final test procedure guidance on 
September 24, 2013 (``2013 baffle guidance''), regarding the use of 
temporary baffles during testing.\4\ As described in the 2013 baffle 
guidance, a

[[Page 9983]]

baffle is a partition, usually made of a flat material such as 
cardboard, plastic, or sheet metal, that reduces or prevents 
recirculation of warm air from an ice maker's air outlet to its air 
inlet. Temporary baffles refer to those installed only temporarily 
during testing and are not part of the ACIM model as distributed in 
commerce or installed in the field. During testing, the use of 
temporary baffles can block recirculation of warm condenser discharge 
air to the cooling air inlet. The purpose of installing a temporary 
baffle could be, for example, to limit potential temperature 
fluctuations at the condenser air inlet, where the ambient temperature 
is measured and maintained within the required conditions. However, 
such a baffle could also reduce the average temperature of the air 
entering the inlet, thereby resulting in lower measured energy use 
compared to testing without a baffle. Therefore, installing a temporary 
baffle for testing may result in a measured energy use that is not 
representative of the energy use of the unit as operated by the end 
user. DOE also determined that installing such temporary baffles is 
inconsistent with the ACIM test procedure, which states that the unit 
must be ``set up for testing per the manufacturer's written instruction 
provided with the unit'' and that ``no adjustments of any kind shall be 
made to the test unit prior to or during the test that would affect the 
ice capacity, energy usage, or water usage of the test sample.'' \5\ 
Further, ``heat exchangers and other accessories shall be used only if 
they are part of standard equipment furnished with the model tested.'' 
\6\ Therefore, DOE's final guidance states that the use of temporary 
baffles to prevent recirculation of air between the air outlet and 
inlet of the ice maker during testing is not consistent with the DOE 
test procedure for automatic commercial ice makers, unless the baffle 
is (a) a part of the ice maker or (b) shipped with the ice maker to be 
installed according to the manufacturer's installation instructions. 
The guidance also states that temperature measuring devices may be 
shielded so that the indicated temperature will not be affected by the 
intermittent passing of warm discharge air at the measurement location. 
However, the shields must not block recirculation of this air into the 
condenser or ice maker inlet.
---------------------------------------------------------------------------

    \4\ See https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_baffles_faq_2013-9-24final.pdf (2013 
baffle guidance).
    \5\ Section 4.1.4, ``Test Set Up,'' of AHRI 810-2016.
    \6\ Section 6.9, ``Test Methods,'' of ASHRAE 29-2015.
---------------------------------------------------------------------------

    Issue 4: DOE is considering amending the ACIM test procedure to 
explicitly state that temporary baffles may not be used for testing, 
unless the baffle is (a) part of the ice maker or (b) shipped with the 
ice maker to be installed according to manufacturers' installation 
instructions. DOE requests comment on whether manufacturers and test 
laboratories currently test consistent with the 2013 baffle guidance 
and whether any further instructions are needed.
Purge Settings
    Purge water refers to water that is introduced into the ice maker 
during an ice-making cycle, in addition to the water that becomes ice, 
in order to flush dissolved solids out of the ice maker and prevent 
scale buildup on the ice maker's wetted surfaces. Ice makers generally 
allow for setting the purge water controls to provide different amounts 
of purge water or different frequencies of purge cycles. Different 
amounts of purge water may be appropriate for different locations based 
on the level of hardness or contaminants in the ACIM water supply. Most 
ice makers have manually set purge settings that provide a fixed amount 
of purge water, but some ice makers include an automatic purge water 
control setting that automatically adjusts the purge water quantity 
based on the supply water hardness. Neither AHRI 810-2016 nor ASHRAE 
29-2015 indicate how to set a purge water control that provides 
multiple purge water settings.
    Since purge water is cooled by the ice maker, it contributes to 
energy use during a representative average use cycle. To ensure 
accurate, representative test results for ice makers with automatic 
purge water controls, on September 25, 2013, DOE issued final guidance 
stating that ice makers with automatic purge water control should be 
tested using a fixed purge water setting \7\ that is described in the 
automatic commercial ice maker's written instructions shipped with the 
unit as being appropriate for water of normal, typical, or average 
hardness.
---------------------------------------------------------------------------

    \7\ See https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_purge_faq_2013-9-25final.pdf .
---------------------------------------------------------------------------

    DOE also recognizes that some ice makers, both batch and continuous 
type models, may introduce additional purges outside of regular cycling 
(for batch ice makers) or continuous operation (for continuous ice 
makers). This may occasionally increase the purge water quantity in a 
way that may not be captured by the current ACIM test procedure. For 
example, batch ice makers might initiate an extra flush or purge cycle 
every 12 hours, and continuous ice makers might pause the ice making 
operation periodically to accomplish the additional purge. Testing 
according to the current test procedure may not include such a purge 
cycle, and thus the resulting tested energy use may not accurately 
represent an average use cycle. Neither ASHRAE 29-2015, nor the prior 
version, AHSRAE 29-2009, which is incorporated by reference in the DOE 
test procedure, addresses the possibility of operational events that do 
not occur continuously or with every cycle. ASHRAE 29-2015 states only 
in section 7.1.1 that the ice maker must be stable for capacity test 
data to be valid, and defining this stability as two consecutive cycles 
(for batch ice makers) or two consecutive 15-minute periods (for 
continuous ice makers) with a harvest weight difference of no more than 
2 percent.
    Issue 5: DOE requests comment on whether purge settings affect 
measured energy use during a representative average use cycle. If purge 
settings do affect measured energy use, DOE also requests comment on 
(1) what purge settings should be considered for testing for ACIM 
equipment with multiple or automatic purge settings, and (2) whether 
any ACIM models exist that have automatic purge settings but do not 
have a fixed purge setting appropriate for ``normal'' water hardness 
and, if such a unit exists, how it should be tested.
    Issue 6: DOE requests comment on the presence and frequency of any 
``additional'' or ``increased-water'' purge cycles and their impact on 
energy and potable water use and/or condenser water use. DOE also 
requests comment on how the test procedure could be modified, if 
necessary, to more accurately measure this energy use during a 
representative average use cycle.
Remote Condensing Ice Makers
    Remote condensing ice maker means a type of automatic commercial 
ice maker in which the ice-making mechanism and condenser or condensing 
unit are in separate sections. 10 CFR 431.132. This includes both 
``Remote Condensing (but not remote compressor),'' and ``Remote 
Condensing and Remote Compressor'' ice makers. The DOE test procedure 
and industry test procedures, both those currently incorporated by 
reference and the most recently updated standards, require setting up 
the ice maker in accordance with the manufacturer's recommendations. 
AHRI 810 includes the requirement to install remote condensing ice 
makers with at least 25

[[Page 9984]]

feet of interconnection tubing on each line. Otherwise, there are no 
specific instructions for remote condensing ice makers. Certain remote 
ice makers are typically paired with pre-charged refrigerant lines for 
installation with the condenser or condensing unit. However, if a pre-
charged line set is not recommended by the manufacturer, additional 
line set specifications and charging instructions may be needed for 
testing.
    Additionally, it is possible that manufacturers may not always 
recommend a specific condensing unit to be paired with each remote 
condensing ice maker model. Based on a review of the market, DOE is 
aware of continuous remote condensing ice makers that are meant to be 
connected to a compressor rack instead of a single paired condensing 
unit. For other remote condensing equipment with a similar setup, for 
example, commercial refrigeration equipment, the test procedure relies 
on a refrigerant enthalpy calculation and assumed compressor efficiency 
based on evaporator temperature to estimate the energy consumption of a 
compressor rack refrigeration system. A similar approach may be 
appropriate for remote condensing ice makers intended to be installed 
without a dedicated condensing unit. Such a configuration would also 
require additional test instructions regarding appropriate refrigerants 
and representative refrigerant conditions.
    Issue 7: DOE requests comment on whether the current test procedure 
could be improved to more accurately measure energy use during a 
representative average use cycle for remote condensing ice makers with 
dedicated condensing units. For example, DOE requests feedback on 
whether default refrigerant charging and line set specifications would 
be necessary absent manufacturer recommendations. DOE also seeks 
information on whether any additional test instructions would be needed 
for remote condensing ice makers.
    Issue 8: DOE also requests comment on the appropriate test approach 
for those ice makers intended to be installed without a dedicated 
condensing unit. DOE seeks feedback on what types of these units are 
available on the market (i.e., batch vs. continuous), whether an 
enthalpy test approach similar to that used for commercial 
refrigeration equipment would be appropriate for testing these ice 
makers, and if so, any additional instructions that would be needed for 
such testing.
b. Test Conditions
    The ACIM test procedure specifies standard test conditions to 
ensure that results reflect energy use during a representative average 
use cycle and are not unduly burdensome for manufacturers to perform. 
DOE seeks comment on whether modifications to these standard test 
conditions could improve the accuracy of the test procedure or reduce 
testing burden, as discussed further in the following sections.
Relative Humidity
    Variation in the moisture content of ambient air may affect the 
energy consumption of ice makers. However, AHRI 810 and ASHRAE 29 do 
not specify a standard condition or tolerance for relative humidity or 
wet bulb temperature. In contrast, test procedures for most other 
refrigeration equipment specify these values. Table II.2 summarizes 
relative humidity and wet bulb temperature specifications for 
commercial refrigeration equipment and refrigerated beverage vending 
machines. DOE is interested in understanding: (1) Whether specifying a 
standard condition or tolerance for relative humidity or wet bulb 
temperature may improve the accuracy of the test procedure, and (2) how 
adding this test condition may affect testing burden.

         Table II.2--Relative Humidity & Wet Bulb Temperature Specifications for Refrigeration Equipment
----------------------------------------------------------------------------------------------------------------
                                                                                     Relative        Wet bulb
                Equipment type                            Test standard              humidity       temperature
----------------------------------------------------------------------------------------------------------------
Commercial Refrigeration Equipment............  ASHRAE 72.......................        * 49-62%       62.6-66.2
                                                                                                          [deg]F
Refrigerated Beverage Vending Machines........  ASHRAE 32.1.....................          40-50%  * 59-63 [deg]F
----------------------------------------------------------------------------------------------------------------
* Equivalent value. ASHRAE 72 specifies wet bulb temperature, while ASHRAE 32.1 specifies relative humidity.

    Issue 9: DOE requests comment on (1) how moisture content of 
ambient air impacts ACIM performance, and (2) the burden of specifying 
a humidity range during testing.
Water Hardness
    Currently, water hardness is not a specified test condition under 
AHRI 810 and ASHRAE 29. Based on testing observed and reviewed by DOE 
and industry feedback, hard water can affect energy consumption in the 
field due to variation in purge settings and scale build up on the heat 
exchanger surfaces over time. However, hard water may also impact the 
tested performance, as harder water has a greater concentration of 
total dissolved solids and chemical ions, which decreases the freezing 
temperature of water and could potentially increase energy use. DOE is 
interested in whether specifying water hardness (the quantity of 
dissolved solids in the water) as a testing condition is necessary to 
ensure the test procedure is reasonably designed to produce test 
results that measure energy efficiency during a representative average 
use cycle or period of use.
    In the January 2012 ACIM TP final rule, DOE declined to set 
requirements for water hardness as DOE did not have sufficient 
information to allow proper consideration of such a requirement. 
Specifically, DOE did not have information regarding the impact of 
variation in water hardness on as-tested performance of ACIM equipment 
and, as such, did not believe the additional burden associated with 
establishing a standardized water hardness requirement could be 
justified at that time. 77 FR 1591, 1605-1606 (Jan. 11, 2012). Through 
testing conducted since the January 2012 ACIM TP final rule, DOE has 
found that water hardness may impact the tested results for an ACIM 
basic model and is interested in seeking feedback from interested 
parties on how it should be considered, if at all, in any potential 
test procedure revisions. Recognizing that including specifications for 
water hardness in the test procedure could add burden, DOE is also 
interested in determining the relative benefits of determining an 
appropriate target value or range for testing as compared to the test 
burden it might add.
    Issue 10: DOE requests information regarding (1) the impact of 
total dissolved solids and ion concentration on measured energy and 
water use during the limited operation associated with testing during a 
representative

[[Page 9985]]

average use cycle (i.e., before significant scaling of solids onto ice 
maker surfaces has occurred), (2) any experience manufacturers have 
testing ACIM equipment with prepared solutions of known water hardness, 
and (3) the effect a water hardness test condition would have on 
testing burden.
Ambient and Inlet Water Temperatures
    The current ACIM test procedure incorporates by reference AHRI 810-
2007, which specifies an ambient temperature of 90 [deg]F and a supply 
water temperature of 70 [deg]F. AHRI 810-2016 provides the same 
specifications. However, many ice makers may be installed in 
conditioned environments such as offices, schools, hospitals, hotels, 
and convenience stores (see 80 FR 4646, 4700; Jan. 28, 2015), which may 
have ambient air temperatures closer to 70 [deg]F and supply water 
temperatures closer to 50 [deg]F.
    Issue 11: DOE requests comment on the whether the ambient air 
temperature and water supply temperature specified in AHRI 810-2016, 
and in the current DOE test procedures, are appropriately 
representative of those temperatures during an average use cycle or 
whether different temperature specifications should be considered. In 
particular, DOE requests data and information describing the ambient 
air temperature and supply water temperature of different applications 
at which ACIM equipment are operated.
Ambient Temperature Gradient
    DOE is also specifically reviewing the requirements for ambient 
temperature gradient, which may have an impact on tested energy use. 
The current ACIM test procedure incorporates by reference section 5.1.1 
of ASHRAE 29-2009, which stipulates that, with the ice maker at rest, 
the vertical ambient temperature gradient in any foot of vertical 
distance from 2 inches above the floor or supporting platform to a 
height of 7 ft above the floor, or to a height of 1 ft above the top of 
the ice maker cabinet, whichever is greater, shall not exceed 0.5 
[deg]F/ft. This requirement is identical in section 5.1.1 of ASHRAE 29-
2015, which is incorporated by reference in AHRI 810-2016. DOE notes 
that this language is based on test room requirements for residential 
refrigerators, as specified in section 7.2 of ANSI-AHAM Standard HRF-1-
1979, ``Household Refrigerators, Combination Refrigerator-Freezers, and 
Household Freezers'' (``ANSI/AHAM HRF-1-1979''), the version of the 
AHAM standard that was incorporated by reference in the DOE test 
procedure for residential refrigerators in a final rule published 
August 10, 1982. 47 FR 34517. DOE notes further that DOE modified the 
requirements associated with temperature gradient for residential 
refrigerators, in a final rule published April 21, 2014, to remove the 
reference to a 7 ft height requirement and only require the gradient be 
maintained to a height 1 ft higher than the top of the unit. 79 FR 
22320. DOE is interested in understanding the applicability of the air 
temperature gradient requirements to ice makers, and whether a similar 
modification, or any other modifications, would improve the accuracy of 
the test procedure or reduce testing burden.
    Issue 12: DOE requests comment on how manufacturers are 
demonstrating compliance with the temperature gradient requirements of 
section 5.1.1 of ASHRAE 29-2015. DOE seeks feedback on whether updates 
consistent with the temperature gradient requirements for consumer 
refrigeration products would be appropriate for the ACIM test 
procedure, and whether such updates would reduce test variability and 
testing burden.
Weighting of Ambient Temperature Measuring Instruments
    ASHRAE 29 states that the average ambient temperature shall not 
vary by more than 2 [deg]F from the specified temperature during the 
first five minutes of each freeze cycle, and not vary by more than 1 
[deg]F thereafter. However, the current ACIM test procedure, which is 
based on AHRI 810 and ASHRAE 29, does not indicate whether ambient 
temperature measuring instruments should be weighted with a thermal 
mass. The use of a weighted temperature measurement instrument reduces 
the fluctuations in temperature measurement, making it easier to meet 
the stability criteria relative to an unweighted temperature 
measurement instrument.
    Issue 13: DOE requests comment on whether manufacturers typically 
use weighted or unweighted temperature measurement instruments to 
measure ambient temperatures during ice maker testing. In addition, DOE 
requests comment on reduction in fluctuation when using weighted 
temperature measurement instruments compared to unweighted temperature 
measurement instruments. DOE also seeks comment and data on benefit and 
burdens of using unweighted temperature measurement instruments 
compared to weighted temperature measurement instruments.
c. Test Accuracy and Repeatability
    As discussed in section I.A, EPCA requires that test procedures be 
reasonably designed to produce test results that reflect the energy 
efficiency, energy use, and estimated operating costs (as applicable) 
of a type of industrial equipment during a typical cycle of use and not 
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) The accuracy 
and repeatability of the ACIM test procedure are important to consider 
to ensure that test results are representative of typical energy 
consumption in the field. DOE notes that the current ACIM test 
procedure incorporates by reference AHRI 810-2007 and ASHRAE 29-2009 to 
specify the aforementioned measurement methods, tolerances, and 
accuracies. These specifications have not changed in the most recent 
versions of these standards, namely AHRI 810-2016 and ASHRAE 29-2015. 
DOE is interested in whether it should consider modifications to 
existing test condition tolerances, instrumentation accuracies, and 
temperature measurement methods that would improve accuracy and 
precision in test results.
    For example, specifying tighter tolerances and/or more accurate 
measurement equipment can lead to increased accuracy in measuring 
energy use. However, doing so may also increase the burden associated 
with testing due to the added cost of higher-precision instruments or 
increased testing time to achieve tighter tolerances. DOE is therefore 
interested in getting feedback from interested parties on the technical 
feasibility or burden associated with reducing the uncertainty in those 
variables.
    Issue 14: DOE requests comment on the potential improvement in 
testing accuracy and increase in testing burden and costs associated 
with tightening the tolerances and increasing the instrumentation 
accuracies specified by the current ACIM test procedure.

C. Industry Test Method Harmonization

    The industry test methods incorporated by reference by the DOE ACIM 
test procedure, ASHRAE 29 and AHRI 810, added measurement and reporting 
requirements for potable water use. This measurement is not required by 
the current DOE test procedure, but is required by other programs, such 
as ENERGY STAR \8\ and the AHRI

[[Page 9986]]

certification program.\9\ Since DOE establishes test procedures for the 
ENERGY STAR program, DOE is interested in seeking feedback from 
interested parties about whether any updates to the test method for 
potable water use are needed at this time, including any that may 
reduce the burden of the current method.
---------------------------------------------------------------------------

    \8\ The ENERGY STAR specification for automatic commercial ice 
makers is currently under revision. A draft specification is 
available at https://www.energystar.gov/products/spec/commercial_ice_makers_specification_version_3_0_pd.
    \9\ http://www.ahrinet.org/Certification.aspx.
---------------------------------------------------------------------------

    In the January 2012 ACIM TP final rule, DOE declined to establish a 
test procedure or metric for non-condenser potable water use and noted 
that no statutory authority to do so exists under EPCA. 77 FR 1591, 
1604-1605 (Jan. 11, 2012). Specifically, EPCA prescribes standards for 
condenser water use in cube type ice makers at 42 U.S.C. 6313(d)(1) and 
explicitly states that prescribed standard levels for condenser water 
use ``does not include potable water used to make ice.'' EPCA allows, 
but does not require, the Secretary to issue analogous standards for 
other types of automatic commercial ice makers under 42 U.S.C. 
6313(d)(2). 77 FR 1591, 1605 (Jan. 11, 2012). In general, DOE assumes 
ice makers that use less potable water would be expected to use less 
energy, because they have to cool less water. In the January 2012 ACIM 
TP final rule, DOE stated that, while there is generally a correlation 
between energy use and potable water use, at a certain point of reduced 
potable water use, the relationship between potable water use and 
energy consumption reverses due to scaling. Id.
    DOE reviewed the relationship between potable water use and both 
harvest rate and daily energy consumption by analyzing reported ACIM 
data from the AHRI directory and the ENERGY STAR product 
database.10 11 DOE observed that all manufacturers of 
continuous ice-makers report a consistent amount of potable water use 
per 100 pounds of ice--between 11.9 and 12.0 gallons--because all of 
the water is converted to produce ice. In contrast, potable water use 
varies for batch type ice makers, because a portion of the potable 
water is drained from the sump at the end of each ice-making cycle; 
this portion is different for different ice maker models. The 
relationship between potable water use and daily energy consumption of 
the AHRI and ENERGY STAR data is not identifiable when considering the 
entire dataset. Thus, DOE is interested in seeking feedback on any 
potential relationship between potable water use and daily energy 
consumption and whether, and how, this relationship impacts consumer 
utility of ACIMs, for example, by affecting the quality of ice 
produced.
---------------------------------------------------------------------------

    \10\ Available at: https://www.ahridirectory.org/ahridirectory/pages/acim/defaultSearch.aspx.
    \11\ Available at: https://www.energystar.gov/productfinder/product/certified-commercial-ice-machines/results.
---------------------------------------------------------------------------

    Issue 15: DOE requests comment and information on the relationship 
between potable water use and energy use, including data quantifying 
the relationship. Additionally, DOE requests comment and information on 
any potential impact that this relationship has on possible consumer 
utility.

D. Standby Energy Use

    The existing ACIM test procedure considers only active mode energy 
use when an ice maker is actively producing ice and reflects that 
consumption using a metric of energy use per 100 pounds of ice. The 
existing ACIM test procedure does not address standby energy use 
associated with continuously powered sensors and controls or ice 
storage. However, when not actively making ice, an ice maker continues 
to consume energy to power sensors and controls. In this way, standby 
energy use from control devices impact the daily energy consumption of 
ACIM equipment.
    Issue 16: DOE requests data and information on the magnitude of 
energy use associated with standby energy use, as well as the 
relationship of such values to daily energy consumption of ACIM 
equipment.

E. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for ACIM that could be improved to more accurately reflect energy use 
during a representative average use cycle or reduce testing burden. DOE 
particularly seeks information that would improve the repeatability, 
reproducibility, and consumer representativeness of the test 
procedures. DOE also requests information that would help DOE create a 
procedure that would limit manufacturer test burden through 
streamlining or simplifying testing requirements. Comments regarding 
the repeatability and reproducibility are also welcome.
    DOE also requests feedback on any potential amendments to the 
existing test procedure(s) that could be considered to address impacts 
on manufacturers, including small businesses. Regarding the Federal 
test method, DOE seeks comment on the degree to which the DOE test 
procedure should consider and be harmonized with the most recent 
relevant industry standards for ACIM and whether there are any changes 
to the Federal test method that would provide additional benefits to 
the public. DOE also requests comment on the benefits and burdens of 
adopting any industry/voluntary consensus-based or other appropriate 
test procedure, without modification. DOE notes that AHRI 810, which 
references ASHRAE 29, does not include test specifications that may 
impact energy use (e.g., relative humidity) and includes specifications 
that may not be representative of field use (e.g., ambient and inlet 
water temperature).
    Additionally, DOE requests comment on whether the existing test 
procedure limits a manufacturer's ability to provide additional 
features to consumers on ACIM. DOE particularly seeks information on 
how the test procedure could be amended to reduce the cost of new or 
additional features and make it more likely that such features are 
included on ACIM.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by April 
18, 2019, comments and information on matters addressed in this 
document and on other matters relevant to DOE's consideration of 
amended test procedures for ACIM. These comments and information will 
aid in the development of a test procedure NOPR for ACIM if DOE 
determines that amended test procedures may be appropriate for this 
equipment.
    Submitting comments via http://www.regulations.gov. The http://www.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

[[Page 9987]]

names, correspondence containing comments, and any documents submitted 
with the comments.
    Do not submit to http://www.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 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.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 http://www.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 http://www.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 
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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or by email: 
[email protected].

    Signed in Washington, DC, on March 7, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
[FR Doc. 2019-05131 Filed 3-18-19; 8:45 am]
 BILLING CODE 6450-01-P