[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Proposed Rules]
[Pages 60923-60926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20925]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / 
Proposed Rules  

[[Page 60923]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2017-BT-STD-0022]
RIN 1904-AE47


Energy Conservation Program: Energy Conservation Standards for 
Certain Commercial and Industrial Equipment; Early Assessment Review; 
Automatic Commercial Ice Makers

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an 
early assessment review for amended energy conservation standards for 
automatic commercial ice makers (``ACIM'') to determine whether to 
amend applicable energy conservation standards for this equipment. 
Specifically, through this request for information (``RFI''), DOE seeks 
data and information that could enable the agency to determine whether 
DOE should propose a ``no-new-standard'' determination because a more-
stringent standard: Would not result in a significant savings of 
energy; is not technologically feasible; is not economically justified; 
or any combination of the foregoing. DOE welcomes written comments from 
the public on any subject within the scope of this document (including 
those topics not specifically raised in this RFI), as well as the 
submission of data and other relevant information concerning this early 
assessment review.

DATES: Written comments and information are requested and will be 
accepted on or before December 14, 2020.

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-
STD-0022, 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 the docket number 
EERE-2017-BT-STD-0022 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. Telephone: (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 for this activity, 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: http://www.regulations.gov/#!docketDetail;D=EERE-2017-BT-STD-0022. The docket web page contains 
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]">Appliance[email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. 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]">Appliance[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking History
II. Request for Information
III. Submission of Comments

I. Introduction

    DOE has established an early assessment review process to conduct a 
more focused analysis of a specific set of facts or circumstances that 
would allow DOE to determine, based on one or more statutory criteria, 
a new or amended energy conservation standard is not warranted. The 
purpose of this review is to limit the resources, from both DOE and 
stakeholders, committed to rulemakings that will not satisfy the 
requirements in the Energy Policy and Conservation Act, as amended 
(``EPCA''),\1\ that a new or amended energy conservation standard save 
a significant amount of energy, and be economically justified and 
technologically feasible. See 85 FR 8626, 8653-8654 (Feb. 14, 2020).
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    \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 (Oct. 23, 2018).
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    As part of the early assessment, DOE publishes an RFI in the 
Federal Register, announcing that DOE is considering initiating a 
rulemaking proceeding and soliciting comments, data, and information on 
whether a new or amended energy conservation standard would save a 
significant amount of energy and be technologically feasible and 
economically justified. Based on the information received in response 
to the RFI and DOE's own

[[Page 60924]]

analysis, DOE will determine whether to proceed with a rulemaking for a 
new or amended energy conservation standard.
    If DOE makes an initial determination based upon available evidence 
that a new or amended energy conservation standard would not meet the 
applicable statutory criteria, DOE would engage in notice and comment 
rulemaking before issuing a final determination that new or amended 
energy conservation standards are not warranted. Conversely, if DOE 
makes an initial determination that a new or amended energy 
conservation standard would satisfy the applicable statutory criteria 
or DOE's analysis is inconclusive, DOE would undertake the preliminary 
stages of a rulemaking to issue a new or amended energy conservation 
standard. Beginning such a rulemaking, however, would not preclude DOE 
from later making a determination that a new or amended energy 
conservation standard cannot satisfy the requirements in EPCA, based 
upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb. 14, 
2020).

A. Authority

    EPCA, among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and certain industrial 
equipment. (42 U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, added 
by Public Law 95-619, Title IV, section 441(a) (42 U.S.C. 6311-6317, as 
codified), established the Energy Conservation Program for Certain 
Industrial Equipment. This equipment includes ACIM, the subject of this 
document. (42 U.S.C. 6311(1)(F))
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    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. Relevant provisions of EPCA include definitions (42 U.S.C. 
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6316).
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a); 42 U.S.C. 6297(a)-(c)) DOE may, however, grant waivers 
of Federal preemption in limited instances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under EPCA. (42 U.S.C. 6316(a); 42 US.C. 6297(d))
    EPCA prescribed the initial energy and water conservation standards 
for ACIMs. (42 U.S.C. 6313(d)(1)) EPCA also authorizes DOE to establish 
new standards for ACIMs not covered by the statutory standards. (42 
U.S.C. 6313(d)(2)) Not later than January 1, 2015, with respect to the 
standards established under 42 U.S.C. 6313(d)(1), and, with respect to 
the standards established under 42 U.S.C. 6313(d)(2), not later than 5 
years after the date on which the standards take effect, EPCA required 
DOE to issue a final rule to determine whether amending the applicable 
standards is technologically feasible and economically justified. (42 
U.S.C. 6313(d)(3)(A)) Not later than 5 years after the effective date 
of any amended standards under 42 U.S.C. 6313(d)(3)(A) or the 
publication of a final rule determining that amending the standards is 
not technologically feasible or economically justified, DOE must issue 
a final rule to determine whether amending the standards established 
under 42 U.S.C. 6313(d)(1) or the amended standards, as applicable, is 
technologically feasible or economically justified. (42 U.S.C. 
6313(d)(3)(B)) A final rule issued under 42 U.S.C. 6313(d)(2) or (3) 
must establish standards at the maximum level that is technically 
feasible and economically justified, as provided in 42 U.S.C. 6295(o) 
and (p). (42 U.S.C. 6313(d)(4))

B. Rulemaking History

    On October 18, 2005, DOE published a final rule codifying in the 
Code of Federal Regulations (``CFR'') the energy conservation standards 
and water conservation standards prescribed by EPCA in 42 U.S.C. 
6313(d)(1) for certain automatic commercial ice makers manufactured on 
or after January 1, 2010. 70 FR 60407, 60415-60416. The codified 
statutory standards consisted of maximum energy use and maximum 
condenser water use, if applicable, to produce 100 pounds (``lb.'') of 
ice for ACIM with harvest rates between 50 and 2,500 lb. ice per 24 
hours. Id. at 70 FR 60416. Most recently on January 28, 2015, in 
satisfaction of the first rulemaking cycle required by EPCA, DOE 
published a final rule adopting more-stringent energy conservation 
standards for certain classes of ACIM and establishing energy 
conservation standards for other classes of ACIM not previously subject 
to standards. 80 FR 4646 (the ``January 2015 Final Rule''). The current 
energy conservation standards are located in 10 CFR 431.136(c) and (d), 
and specify the maximum energy use, in terms of kilowatt-hours 
(``kWh'') per 100 lb. of ice produced, and maximum condenser water use, 
in terms of gallons (``gal'') per 100 lb. of ice produced. The 
currently applicable DOE test procedures for ACIM appear at 10 CFR 
431.134.

II. Request for Information

    DOE is publishing this RFI to collect data and information during 
the early assessment review to inform its decision, consistent with its 
obligations under EPCA, as to whether the Department should proceed 
with an energy conservation standards rulemaking. Accordingly, in the 
following sections, DOE has identified specific issues on which it 
seeks input to aid in its analysis of whether an amended standard for 
ACIM would not save a significant amount of energy or be 
technologically feasible or economically justified. In particular, DOE 
is interested in any information indicating that there has not been 
sufficient technological or market changes since DOE last conducted an 
energy conservation standards rulemaking analysis for ACIM to suggest a 
more-stringent standard could satisfy these criteria. DOE also welcomes 
comments on other issues relevant to its early assessment that may not 
specifically be identified in this document.

A. Significant Savings of Energy

    The energy conservation standards for ACIM established by DOE in 
the January 2015 Final Rule are expected to result in 0.064 quads of 
site energy savings, representing an 8 percent reduction in site energy 
use, relative to the base case without amended standards over a 30-year 
period.\3\ See 80 FR 4646, 4649; and the January 2015 Final Rule 
Technical Support Document (``TSD'').\4\ Additionally, in the January 
2015 Final Rule, DOE estimated that an energy conservation standard 
established at an energy use level equivalent to that achieved using 
the maximum available

[[Page 60925]]

technology (``max-tech'') would have resulted in 0.051 additional quads 
of site energy savings.\5\ See 80 FR 4646, 4736; and the January 2015 
Final Rule TSD. This represents a 7 percent reduction in energy use 
compared to the estimated national energy use at the established energy 
conservation standard level. If DOE determines that a more-stringent 
energy conservation standard would not result in an additional 0.3 quad 
of site energy savings or an additional 10-percent reduction in site 
energy use over a 30-year period, DOE would propose to make a no-new-
standards determination. DOE seeks comment on energy savings that could 
be expected from more-stringent standards for ACIM.
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    \3\ This estimate of 0.064 quads reflects site energy savings. 
The January 2015 Final Rule presented the 30-year energy savings 
estimate as 0.18 quads, reflecting full-fuel-cycle (``FFC'') energy 
savings. The FFC measure includes point-of-use (site) energy; the 
energy losses associated with generation, transmission, and 
distribution of electricity; and the energy consumed in extracting, 
processing, and transporting or distributing primary fuels.
    \4\ The January 2015 Final Rule TSD is available on http://www.regulations.gov in docket number EERE-2010-BT-STD-0037, document 
number 136. The docket also includes the spreadsheet used to conduct 
the national impact analysis, document number 131, as described in 
chapter 10 of the January 2015 Final Rule TSD.
    \5\ This estimate of 0.051 additional quads of site energy 
savings reflects the difference in the cumulative national energy 
savings between the max-tech efficiency levels and the energy 
conservation standards established in the January 2015 Final Rule, 
when converted from full-fuel-cycle energy savings to site energy 
savings.
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    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    Issue 1: DOE seeks information on whether the max-tech level 
analysis from the January 2015 Final Rule is applicable to the current 
ACIM market and on whether the previous estimates of energy savings at 
the max-tech level represent the savings that would be realized were 
DOE to establish future amended energy conservation standards at the 
max-tech level.
    Issue 2: DOE seeks information on the January 2015 Final Rule 
analysis resulting in the energy savings estimates discussed in this 
section. Specifically, DOE requests comment and data on updates to the 
relevant analysis inputs, including stock of ACIMs, shipments since 
2010, efficiency distributions, and the incorporation of various 
refrigerants in the models available on the market. DOE also requests 
data on market share by equipment class and refrigerant.

B. Technological Feasibility

    During the January 2015 Final Rule, DOE considered a number of 
technology options that manufacturers could use to reduce energy 
consumption in ACIM. DOE seeks comment on any changes to these 
technology options that could affect whether DOE could propose a ``no-
new-standards'' determination, such as an insignificant increase in the 
range of efficiencies and performance characteristics of these 
technology options. DOE also seeks comment on whether there are any 
other technology options that DOE should consider in its analysis.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    Issue 3: DOE requests feedback on whether the use of alternative 
refrigerants could impact: ACIM efficiencies, the viability or 
efficiency of other technology options incorporated into the equipment 
(e.g., refrigeration system components, additional sensing/safety 
components), the availability of equipment features, or consumer 
utility.
    Issue 4: DOE is aware that the range of available ACIM efficiencies 
has changed since the January 2015 Final Rule analysis. DOE requests 
comment and data regarding which design options are incorporated in 
equipment that may achieve higher efficiencies than those considered in 
the previous rulemaking analysis, including at a potentially updated 
max-tech efficiency level, and how any such design options or 
combinations of design options may impact the availability of equipment 
features or consumer utility. Additionally, DOE seeks information on 
any alternative approaches for achieving potential reductions in energy 
usage for ACIMs.

C. Economic Justification

    In determining whether a proposed energy conservation standard is 
economically justified, DOE analyzes, among other things, the potential 
economic impact on consumers, manufacturers, and the Nation. DOE seeks 
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards. DOE also seeks comment and 
data on any other aspects of its economic justification analysis from 
the January 2015 Final Rule that may indicate whether a more-stringent 
energy conservation standard would not be economically justified or 
cost effective.
    While DOE's request for information is not limited to the following 
issues, DOE is particularly interested in comment, information, and 
data on the following.
    Issue 5: DOE seeks input on whether frequency of repair differs for 
the design options that underlie max-tech efficiency levels when 
compared to baseline efficiency levels, and if and how installation 
costs would be affected by the presence of such design options in 
equipment.
    Issue 6: DOE seeks input on whether 8.5 years, as estimated in the 
January 2015 Final Rule analysis (see 80 FR 4646, 4700-4701), is an 
appropriate lifetime for use in the economic analyses for all equipment 
classes.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by December 
14, 2020, comments and information on matters addressed in this notice 
and on other matters relevant to DOE's early assessment of whether 
more-stringent energy conservation standards are not warranted for 
ACIM.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to 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

[[Page 60926]]

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/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 in 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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not 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. Pursuant 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/courier 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.
    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 via email at 
[email protected]">Appliance[email protected].

Signing Authority

    This document of the Department of Energy was signed on September 
17, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on September 17, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-20925 Filed 9-28-20; 8:45 am]
BILLING CODE 6450-01-P