[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68315-68318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23818]



[[Page 68315]]

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

DEPARTMENT OF ENERGY

[Case Number 2020-001; EERE-2020-BT-WAV-0005]


Energy Conservation Program: Decision and Order Granting a Waiver 
to Hoshizaki America, Inc. From the Department of Energy Automatic 
Commercial Ice Makers Test Procedure

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

ACTION: Notice of decision and order.

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

SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2020-001) that grants to Hoshizaki 
America, Inc. (``Hoshizaki'') a waiver from specified portions of the 
DOE test procedure for determining the energy consumption of specified 
basic models of automatic commercial ice makers (``ACIM''). Under the 
Decision and Order, Hoshizaki is required to test and rate the 
specified ACIM basic models in accordance with the alternate test 
procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on October 28, 2020. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for ACIM located in Title 10 of 
the Code of Federal Regulations (``CFR''), part 431 section 134 that 
addresses the issues presented in this waiver. At such time, Hoshizaki 
must use the relevant test procedure for this equipment for any testing 
to demonstrate compliance with the applicable standards, and any other 
representations of energy use.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, 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. Email: [email protected].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-1777. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants Hoshizaki a waiver from the applicable test procedure at 
10 CFR 431.134 for specified basic models of ACIM and provides that 
Hoshizaki must test and rate such equipment using the alternate test 
procedure specified in the Decision and Order. Hoshizaki's 
representations concerning the energy consumption of the specified 
basic models must be based on testing according to the provisions and 
restrictions in the alternate test procedure set forth in the Decision 
and Order, and the representations must fairly disclose the test 
results. Distributors, retailers, and private labelers are held to the 
same requirements when making representations regarding the energy 
consumption of this equipment. (42 U.S.C. 6314(d))
    Consistent with 10 CFR 431.401(j), not later than December 28, 
2020, any manufacturer currently distributing in commerce in the United 
States equipment employing a technology or characteristic that results 
in the same need for a waiver from the applicable test procedure must 
submit a petition for waiver. Manufacturers not currently distributing 
such equipment in commerce in the United States must petition for and 
be granted a waiver prior to the distribution in commerce of that 
equipment in the United States. 10 CFR 431.401(j). Manufacturers may 
also submit a request for interim waiver pursuant to the requirements 
of 10 CFR 431.401.

Signing Authority

    This document of the Department of Energy was signed on October 22, 
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 October 23, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case #2020-001

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the U.S. Department of Energy (``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 established the Energy Conservation Program for Certain Industrial 
Equipment, which sets forth a variety of provisions designed to improve 
energy efficiency for certain types of industrial equipment. This 
equipment includes automatic commercial ice makers (``ACIM''), the 
focus of this document. (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 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated as Part A-1.
---------------------------------------------------------------------------

    The energy conservation program under EPCA 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).
    The 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

[[Page 68316]]

estimated annual operating cost 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)) The test 
procedure for ACIM is contained at 10 CFR 431.134.
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 431.401(a)(1). DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

II. Hoshizaki's Petition for Waiver: Assertions and Determinations

    By letter dated January 28, 2020, Hoshizaki filed a petition for 
waiver and a petition for interim waiver from the DOE test procedure 
applicable to ACIM set forth in 10 CFR 431.134. Hoshizaki additionally 
responded by email to two DOE requests for technical information on 
February 13, 2020 and March 19, 2020.\3\ Hoshizaki stated that the 
issue with the DOE ACIM test procedure is the requirement for the ice 
bin to be one-half full of ice prior to the test. Specifically, 
Hoshizaki cited the test condition in section 6.5 of American Society 
of Heating, Refrigerating and Air-Conditioning Engineers (``ASHRAE'') 
Standard 29-2009, Method of Testing Automatic Ice Makers (``ASHRAE 
Standard 29-2009''), which is incorporated by reference in the DOE ACIM 
test procedure. See 10 CFR 431.133 and 10 CFR 431.134(b). Section 6.5 
of ASHRAE Standard 29-2009 requires in relevant part that ``Bins shall 
be used when testing and shall be filled one-half full with ice.'' 
Additionally, the DOE ACIM test procedure requires, through reference 
to section 7.2.1 of ASHRAE Standard 29-2009, that ice produced during 
the collection period be ``intercepted'' from the half-full bin for the 
purpose of determining the capacity of the unit under test.
---------------------------------------------------------------------------

    \3\ See documents in the Docket No. EERE-2020-BT-WAV-0005 
available on http://www.regulations.gov.
---------------------------------------------------------------------------

    In the models for which Hoshizaki requested a waiver, DCM-270BAH 
and DCM-270BAH-OS, the ice bin is situated above the evaporator and ice 
is pushed up through the evaporator directly into the bottom of the 
bin. Therefore, Hoshizaki claimed that an ice bin one-half full of ice 
prior to the test makes it impossible to accurately test because ice 
produced during the test cannot be readily distinguished from the ice 
placed in the bin prior to the test (as compared to units in which the 
ice is dropped into a bin below the production area--allowing for 
``intercepting'' the ice produced during the test). Hoshizaki requested 
an alternate test procedure in which testing is started with an empty 
internal bin and ice is harvested through continuous operation of the 
unit's dispenser as opposed to collection in the internal bin.
    On July 23, 2020, DOE published a notice that announced its receipt 
of the petition for waiver and granted Hoshizaki an interim waiver. 85 
FR 44529 (``Notice of Petition for Waiver''). In the Notice of Petition 
for Waiver, DOE reviewed Hoshizaki's application for an interim waiver, 
the alternate test procedure requested by Hoshizaki, specification and 
parts sheets for the specified basic models, and additional technical 
correspondence. Based on this review, DOE granted Hoshizaki an interim 
waiver for its Hoshizaki branded DCM-270BAH and DCM-270BAH-OS ACIM 
basic models. The alternate test procedure granted to Hoshizaki in the 
interim waiver provides additional clarification to the alternate test 
procedure requested by Hoshizaki, but does not change the test setup or 
conduct requested by Hoshizaki.
    By letter dated July 28, 2020, Hoshizaki requested that the interim 
waiver be extended to include two additional basic models of ACIM, 
Hoshizaki branded DCM-271BAH and DCM-271BAH-OS, and that these two 
additional basic models be considered under its petition for waiver.\4\ 
Hoshizaki stated that the two additional basic models employ the same 
technology as the basic models set forth in the January 28, 2020 
petition. DOE has reviewed Hoshizaki's waiver extension request and 
determined that the basic models identified in Hoshizaki's request 
incorporate the same design characteristics as those basic models set 
forth in the January 28, 2020 petition such that the test procedure 
evaluates those basic models in a manner that is unrepresentative of 
their energy use. In accordance with 10 CFR 431.401(g), DOE is 
including these additional basic models in the scope of the waiver 
granted to Hoshizaki in the Decision and Order.
---------------------------------------------------------------------------

    \4\ See Docket No. EERE-2020-BT-WAV-0005 available on http://www.regulations.gov.
---------------------------------------------------------------------------

    In the Notice of Petition for Waiver, DOE also solicited comments 
from interested parties on all aspects of the petition and the 
specified alternate test procedure. Id. DOE received one comment in 
response to the Notice of Petition of Waiver from the Pacific Gas and 
Electric Company, San Diego Gas and Electric, and Southern California 
Edison, collectively referred to herein as the California Investor-
Owned Utilities (``CA IOUs'').\5\ The CA IOUs agreed with the interim 
waiver approach of testing the specified basic models by bypassing the 
internal storage bin and collecting ice directly from the dispensing 
apparatus, which is held open via a bracket, because such testing would 
not increase power consumption of the unit and would not be anticipated 
to directly impact capacity, energy consumption, water consumption, 
and/or ice density. However, the CA IOUs suggested modifying the 
interim waiver test procedure by requiring that Hoshizaki supply the 
test laboratory with an ice storage bin and have the bin be one-half 
filled with ice for testing to more closely match the test requirements 
for other ACIM. The CA IOUs further recommended that the supplemental 
ice bin be equipped with its specified lid or be covered as much as 
possible with an insulating material to simulate the enclosed state of 
the internal bin in the unit under test. The CA IOUs noted that other 
ACIM, when tested to the DOE ACIM test procedure, dispense ice into the 
unit's ice bin, which is one-half filled with ice, to simulate field 
conditions for the internal rate of ice melt and to stabilize the 
temperature of the recently produced ice. The CA IOUs also recommended 
that the Decision and Order waiver be retired once this scenario is 
incorporated into an updated industry standard and is referenced by the 
DOE ACIM test procedure. (CA IOUs, No. 6 at pp. 1-2).
---------------------------------------------------------------------------

    \5\ The CA IOUs comment can be accessed at: https://regulations.gov/document/EERE-2020-BT-WAV-0005-0006.
---------------------------------------------------------------------------

    In response to the comment by the CA IOUs, DOE agrees that the 
suggested approach of collecting the dispensed ice in an external ice 
bin that is one-half full of ice better represents the ice produced in 
field conditions and maintains consistency with testing other ACIM 
according to the DOE test procedure. The ice generated during normal 
operation of the specified basic models would typically be stored for 
some period of time in the models' internal storage bins and would melt 
at a slower rate compared to ice collected

[[Page 68317]]

and held in an empty container exposed to the ambient test conditions 
for the duration of the 14.4-minute ice collection period specified in 
section 7.2 of ASHRAE Standard 29-2009. For continuous ACIM, the melt 
rate of ice collected during testing affects the measured ice hardness 
factor, which is the latent heat capacity of the harvested ice. 10 CFR 
431.132. This measurement accounts for the presence of any liquid water 
in ice produced by continuous ACIM and is used to normalize the 
measured energy consumption to a standardized ice quality. For the 
basic models at issue in the Hoshizaki petition, collecting ice samples 
within ice storage bins half full of ice rather than in empty 
collection containers would allow for determining ice hardness factors 
that are more representative of ice produced during typical operation. 
However, because the specific basic models do not have an associated 
external ice storage bin and because manufacturers are not always 
involved in performance testing of their basic models, requiring 
Hoshizaki to provide a specific ice bin for testing would be burdensome 
and inappropriate for certain types of testing. Therefore, DOE is not 
specifying a specific external ice storage bin for testing, but is 
requiring that the specified basic models be tested with the minimum 
length of conduit that can be used connecting the dispenser to an 
external ice bin, which must be filled one-half full with ice. This 
requirement is consistent with the ice bin requirements specified in 
section 6.5 of ASHRAE Standard 29-2009.
    DOE also agrees with the CA IOUs' recommendation regarding the 
waiver no longer being effective when DOE ACIM test procedure is 
updated to address this test issue. DOE's regulations require that when 
the test procedure is amended to address the issues presented in a 
waiver, the waiver will automatically terminate on the date on which 
use of that test procedure is required to demonstrate compliance. 10 
CFR 431.401(h)(2).
    For the reasons explained here and in the Notice of Petition for 
Waiver, absent a waiver the basic models identified by Hoshizaki in its 
original petition and scope extension request cannot be tested and 
rated for energy consumption on a basis representative of their true 
energy consumption characteristics. DOE has reviewed the recommended 
procedure suggested by Hoshizaki and concludes that a modified version 
of the recommended alternate test procedure will allow for the accurate 
measurement of the energy use of the equipment, while alleviating the 
testing problems associated with Hoshizaki's specified basic models. 
DOE amended the alternate test procedure specified in the interim 
waiver granted to Hoshizaki based on the comment received in the Notice 
of Petition for Waiver, as discussed in this section.
    Thus, DOE is requiring that Hoshizaki test and rate its specified 
ACIM basic models according to the alternate test procedure specified 
in this Decision and Order.
    This Decision and Order is applicable only to the basic models 
listed and does not extend to any other basic models. DOE evaluates and 
grants waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner. 
Hoshizaki may request that DOE extend the scope of this waiver to 
include additional basic models that employ the same technology as 
those listed in this waiver. 10 CFR 431.401(g). Hoshizaki may also 
submit another petition for waiver from the test procedure for 
additional basic models that employ a different technology and meet the 
criteria for test procedure waivers. 10 CFR 431.401(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 431.401(k)(1). Likewise, 
Hoshizaki may request that DOE rescind or modify the waiver if the 
company discovers an error in the information provided to DOE as part 
of its petition, determines that the waiver is no longer needed, or for 
other appropriate reasons. 10 CFR 431.401(k)(2).
    As set forth above, the test procedure specified in this Decision 
and Order is not the same as the test procedure offered by Hoshizaki. 
If Hoshizaki believes that the alternate test method it suggested 
provides representative results and is less burdensome than the test 
method required by this Decision and Order, Hoshizaki may submit a 
request for modification under 10 CFR 431.401(k)(2) that addresses the 
concerns that DOE has specified with that procedure. Hoshizaki may also 
submit another less burdensome alternative test procedure not expressly 
considered in this notice under the same provision.

III. Order

    After careful consideration of all the material that was submitted 
by Hoshizaki, the various public-facing materials (e.g., product 
specification sheets) for the models identified in the petition, and 
the comment received, in this matter, it is Ordered that:
    (1) Hoshizaki must, as of the date of publication of this Order in 
the Federal Register, test and rate the following ACIM basic models 
with the alternate test procedure as set forth in paragraph (2):

------------------------------------------------------------------------
                   Brand                             Basic model
------------------------------------------------------------------------
Hoshizaki.................................  DCM-270BAH.
Hoshizaki.................................  DCM-270BAH-OS.
Hoshizaki.................................  DCM-271BAH.
Hoshizaki.................................  DCM-271 BAH-OS.
------------------------------------------------------------------------

    (2) The alternate test procedure for the Hoshizaki basic models 
listed in paragraph (1) of this Order is the test procedure for ACIM 
prescribed by DOE at 10 CFR 431.134, with the modifications provided 
below. All other requirements of 10 CFR 431.134 and DOE's other 
relevant regulations remain applicable.

    Prior to the start of the test, remove the front panel of the 
unit under test and insert a bracket to hold the shutter (which 
allows for the dispensing of ice during the test) completely open 
for the duration of the test. After inserting the bracket, return 
the front panel to its original position on the unit under test. 
Conduct the test procedure as specified in 10 CFR 431.134 except 
that the internal ice bin for the unit under test shall be empty at 
the start of the test and intercepted ice samples shall be obtained 
from a container in an external ice bin that is filled one-half full 
with ice and is connected to the outlet of the ice dispenser through 
the minimum length of conduit that can be used.

    (3) Representations. Hoshizaki may not make representations about 
the energy use of a basic model listed in paragraph (1) of this Order 
for any purpose, including, for example compliance and marketing, 
unless the basic model has been tested in accordance with the 
provisions set forth above and such representations fairly disclose the 
results of such testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) DOE issues this waiver on the condition that the statements, 
representations, and information provided by Hoshizaki are valid. If 
Hoshizaki makes any modifications to the controls or configurations of 
these basic models, such modifications will render the waiver invalid 
with respect to that basic model, and Hoshizaki will either be required 
to use the current Federal test method or submit a new application for 
a test procedure waiver. DOE may rescind or modify this waiver

[[Page 68318]]

at any time if it determines the factual basis underlying the petition 
for waiver is incorrect, or the results from the alternate test 
procedure are unrepresentative of a basic model's true energy 
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, Hoshizaki 
may request that DOE rescind or modify the waiver if Hoshizaki 
discovers an error in the information provided to DOE as part of its 
petition, determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 431.401(k)(2).
    (6) Hoshizaki remains obligated to fulfill any certification 
requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on October 22, 2020.

Alexander N. Fitzsimmons,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
[FR Doc. 2020-23818 Filed 10-27-20; 8:45 am]
BILLING CODE 6450-01-P