[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Rules and Regulations]
[Pages 65856-65902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22927]



[[Page 65855]]

Vol. 87

Tuesday,

No. 210

November 1, 2022

Part II





Department of Energy





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10 CFR Parts 429 and 431





Energy Conservation Program: Test Procedure for Automatic Commercial 
Ice Makers; Final Rule

  Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / 
Rules and Regulations  

[[Page 65856]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2017-BT-TP-0006]
RIN 1904-AD81


Energy Conservation Program: Test Procedure for Automatic 
Commercial Ice Makers

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

ACTION: Final rule.

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SUMMARY: In this final rule, the U.S. Department of Energy (``DOE'') 
amends the test procedure for automatic commercial ice makers to update 
incorporated references to the latest version of the industry 
standards; establish a relative humidity test condition; provide 
additional detail regarding certain test conditions, settings, setup 
requirements, and calculations; include a voluntary measurement of 
potable water use; clarify certification and reporting requirements; 
and add enforcement provisions. This final rule also provides 
additional detail to the DOE test procedure to improve the 
representativeness and repeatability of the current test procedure.

DATES: The effective date of this rule is December 1, 2022. The final 
rule changes will be mandatory for equipment testing starting October 
27, 2023. The incorporation by reference of certain publications listed 
in the rule is approved by the Director of the Federal Register on 
December 1, 2022.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2017-BT-TP-0006. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 586-0729. Email: [email protected].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-1777. Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following 
industry standards into part 431:
    AHRI Standard 810 (I-P)-2016 with Addendum 1, ``Performance Rating 
of Automatic Commercial Ice-Makers,'' January 2018; and
    ANSI/ASHRAE Standard 29-2015, ``Method of Testing Automatic Ice 
Makers,'' approved April 30, 2015.
    AHRI standards can be obtained from the Air-Conditioning, Heating, 
and Refrigeration Institute (AHRI), 2111 Wilson Blvd., Suite 500, 
Arlington, VA 22201, 703-524-8800, [email protected], or 
www.ahrinet.org.
    ASHRAE standards can be purchased from the American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE), 
1791 Tullie Circle NE, Atlanta, GA 30329, (404) 636-8400, 
[email protected], or www.ashrae.org. (Co-published with American 
National Standards Institute (ANSI).)
    For a further discussion of these standards, see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Scope
    B. Definitions
    1. Refrigerated Storage ACIM
    2. Portable ACIM
    3. Industry Standard Definitions
    C. Industry Test Standards Incorporated by Reference
    D. Additional Amendments
    1. Low-Capacity ACIMs
    2. Stability Criteria
    3. Test Conditions
    4. Test Setup and Equipment Configurations
    5. Modulating Capacity Ice Makers
    6. Standby Energy Use and Energy Use Associated With Ice Storage
    7. Calculations and Rounding Requirements
    8. Potable Water Use
    E. Representations of Energy Use and Energy Efficiency
    1. Sampling Plan and Determination of Represented Values
    2. Test Sample Value Rounding Requirements
    3. Enforcement Provisions
    F. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    G. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Automatic commercial ice makers (``ACIMs'' or ``ice makers'') are 
included in the list of ``covered equipment'' for which the U.S. 
Department of Energy (``DOE'') is authorized to establish and amend 
energy conservation standards and test procedures. (42 U.S.C. 
6311(1)(F)) DOE's energy conservation standards and test procedures for 
ACIMs are currently prescribed at 10 CFR 431.136 and 431.134, 
respectively. The following sections discuss DOE's authority to 
establish test procedures for ACIMs and relevant background information 
regarding DOE's consideration of test procedures for this equipment.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
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 established the Energy Conservation 
Program for Certain Industrial Equipment, which sets forth a variety of 
provisions designed to improve energy

[[Page 65857]]

efficiency. This equipment includes ACIMs, the subject of this 
document. (42 U.S.C. 6311(1)(F))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    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 specifically 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; 42 
U.S.C. 6296).
    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 other 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))
    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) and 42 U.S.C. 6316(b); 42 U.S.C. 6297) DOE may, however, 
grant waivers of Federal preemption for particular State laws or 
regulations, in accordance with the procedures and other provisions of 
EPCA. (42 U.S.C. 6316(b)(2)(D))
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE must 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 (as determined by the Secretary) and 
requires that test procedures not be unduly burdensome to conduct. (42 
U.S.C. 6314(a)(2))
    EPCA prescribed the first Federal test procedure for ACIMs, 
directing that the ACIM test procedure shall be the AHRI Standard 810-
2003, ``Performance Rating of Automatic Commercial Ice-Makers'' (``AHRI 
Standard 810-2003''). (42 U.S.C. 6314(a)(7)(A)) EPCA requires if AHRI 
Standard 810-2003 is amended, that DOE must amend the Federal test 
procedures as necessary to be consistent with the amended AHRI 
standard, unless DOE determines, by rule, published in the Federal 
Register and supported by clear and convincing evidence, that to do so 
would not meet the requirements for test procedures to be 
representative of actual energy efficiency and to not be unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(7)(B)(i))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered equipment, including ACIMs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not 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))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)) 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 final rule in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6314(b)(1))

B. Background

    DOE's existing test procedures for ACIMs appear at title 10 of the 
Code of Federal Regulations (``CFR''), part 431, Sec.  431.134.
    On March 19, 2019, DOE published a request for information 
(``RFI'') to solicit comment and information to inform DOE's 
determination of whether to propose amendments to the current ACIM test 
procedure. 84 FR 9979 (``March 2019 RFI''). Following the RFI and in 
consideration of the comments received, DOE published a notice of 
proposed rulemaking (``NOPR'') on December 21, 2021, to seek feedback 
on initial proposals. 86 FR 72322 (``December 2021 NOPR''). In the 
December 2021 NOPR, DOE proposed the following amendments to the test 
procedure:
    (1) Updating the referenced methods of test to AHRI Standard 810 
(I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015, except for the 
provisions as discussed;
    (2) Including definitions and test requirements for low-capacity 
ACIMs;
    (3) Incorporating changes to improve test procedure 
representativeness, accuracy, and precision, which include: clarifying 
calorimeter constant test instructions; specifying ambient temperature 
measurement requirements; establishing a relative humidity test 
condition; establishing an allowable range of water hardness; 
clarifying the stability requirements that were updated in ASHRAE 
Standard 29-2015; clarifying water pressure requirements; and 
increasing the tolerance on capacity collection time;
    (4) Specifying certain test settings, conditions, and 
installations, including: clarifying ice hardness test conditions; 
clarifying baffle use for testing; amending clearance requirements; 
clarifying automatic purge control settings; and providing instructions 
for testing ACIMs with automatic dispensers;
    (5) Including voluntary provisions for measuring potable water use;
    (6) Including clarifying language for calculations, rounding 
requirements, sampling plan calculations, and certification 
instructions; and
    (7) Adding language to the equipment-specific enforcement 
provisions.
    DOE received comments in response to the December 2021 NOPR from 
the interested parties listed in Table I.1.

[[Page 65858]]



          Table I.1--List of Commenters With Written Submissions in Response to the December 2021 NOPR
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                                            Reference in this final   Comment No. in
              Commenter(s)                           rule               the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and            AHRI......................              13  Trade Association.
 Refrigeration Institute.
Appliance Standards Awareness Project;    ASAP, ACEEE, NRDC (Joint                15  Efficiency Advocacy
 American Council for an Energy-           Commenters).                                Organizations.
 Efficient Economy; Natural Resources
 Defense Council.
Hoshizaki America, Inc..................  Hoshizaki.................              14  Manufacturer.
Mile High Equipment Co. DBA Ice-O-Matic.  Ice-O-Matic (IOM).........              11  Manufacturer.
Pacific Gas and Electric Company; San     CA IOUs...................              16  Utilities.
 Diego Gas and Electric; and Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
Association of Home Appliance             AHAM......................           \3\18  Trade Association.
 Manufacturers.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\4\
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    \3\ DOE received AHAM's late comment on September 1, 2022, which 
was past the comment deadline of February 22, 2022. Although this 
comment was received 191 days after the close of the comment period, 
DOE has included the comment and responses in this final rule. AHAM 
indicated it did not file timely comments on the proposed test 
procedure because AHAM was not aware that the proposed test 
procedure included AHAM products in its scope. DOE has determined 
that AHAM's comments may provide a unique stakeholder perspective 
not included in other comments received during this rulemaking, and 
therefore DOE has considered them in this final rule despite the 
late submission.
    \4\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for ACIMs. (Docket No. EERE-2017-BT-TP-0006, which 
is maintained at www.regulations.gov) The references are arranged as 
follows: (commenter name, comment docket ID number, page of that 
document).
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II. Synopsis of the Final Rule

    In this final rule, DOE amends the representation provisions, 
product-specific enforcement provisions, and test procedure for ACIMs 
as follows:
    (1) Updating the referenced methods of test to AHRI Standard 810 
(I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015, except for the 
provisions as discussed;
    (2) Including definitions and test requirements for low-capacity 
ACIMs;
    (3) Incorporating changes to improve test procedure 
representativeness, accuracy, and precision, which include: clarifying 
calorimeter constant test instructions; specifying ambient temperature 
measurement requirements; establishing a relative humidity test 
condition; clarifying the stability requirements that were updated in 
ASHRAE Standard 29-2015; and clarifying water pressure requirements;
    (4) Specifying certain test settings, conditions, and 
installations, including: clarifying ice hardness test conditions; 
clarifying baffle use for testing; amending clearance requirements; 
clarifying automatic purge control settings; and providing instructions 
for testing ACIMs with automatic dispensers;
    (5) Including voluntary provisions for measuring potable water use;
    (6) Including clarifying language for calculations, rounding 
requirements, sampling plan calculations, and certification 
instructions; and
    (7) Adding language to the equipment-specific enforcement 
provisions.
    The adopted amendments are summarized in Table II.1 compared to the 
test procedure provisions prior to the amendment, as well as the reason 
for the adopted change.

      Table II.1--Summary of Changes Established in This Final Rule
------------------------------------------------------------------------
      Current DOE approach         Amended approach       Attribution
------------------------------------------------------------------------
References industry standard      Updates reference   Adopts latest
 AHRI Standard 810-2007 with       to industry         industry
 Addendum 1 ``2007 Standard for    standard AHRI       standards.
 Performance Rating of Automatic   Standard 810 (I-
 Commercial Ice Makers'' (``AHRI   P)-2016 with
 Standard 810-2007''), which       Addendum 1, which
 refers to ANSI/ASHRAE Standard    refers to ASHRAE
 29-2009 ``Method of Testing       Standard 29-2015.
 Automatic Ice Makers,''
 (including Errata Sheets issued
 April 8, 2010 and April 21,
 2010), approved January 28,
 2009 (``ASHRAE Standard 29-
 2009'').
Scope includes ACIMs with         Includes            Ensures
 capacities between 50 and 4,000   definitions for     representative,
 lb/24 h.                          low-capacity        repeatable, and
                                   ACIMs and expands   reproducible
                                   test procedure      measures of
                                   scope to include    performance for
                                   low-capacity        ACIMs currently
                                   ACIMs with          not in scope.
                                   capacity less
                                   than or equal to
                                   50 lb/24 h;
                                   includes
                                   additional
                                   instructions to
                                   allow for testing
                                   low-capacity
                                   ACIMs.
Does not specify the ambient &    Specifies that the  Harmonizes with
 water temperature and water       harvested ice       industry
 pressure when harvesting ice to   used to determine   standard;
 be used in determining the ice    the ice hardness    improves
 hardness factor.                  factor must be      representativenes
                                   produced at the     s, repeatability,
                                   Standard Rating     and
                                   Conditions          reproducibility.
                                   presented in
                                   section 5.1.2 of
                                   AHRI Standard 810
                                   (I-P)-2016 with
                                   Addendum 1.
Does not specify where to         Specifies that the  Improves
 measure the temperature of the    temperature         representativenes
 ice block used to determine the   measurement         s, repeatability,
 calorimeter constant.             location must be    and
                                   at approximately    reproducibility.
                                   the geometric
                                   center of the
                                   block of ice and
                                   that any liquid
                                   water on the
                                   block of ice must
                                   be wiped off the
                                   surface prior to
                                   placement in the
                                   calorimeter.

[[Page 65859]]

 
Capacity measurements begin       All cycles or       Clarifies industry
 after the unit has been           samples used for    test procedure
 stabilized.                       the capacity test   (``TP'') to
                                   must meet the       reduce test
                                   stability           burden while
                                   criteria.           maintaining
                                                       representative
                                                       results;
                                                       harmonize with
                                                       industry
                                                       standard.
Continuous ACIMs shall be         Continuous ACIMs    Harmonizes with
 considered stabilized when the    shall be            industry TP
 weights of three consecutive      considered          update.
 14.4-minute samples taken         stabilized when
 within a 1.5-hour period do not   the weights of
 vary by more than 2   two consecutive
 percent.                          15.0 min  2.5 s
                                   samples having no
                                   more than 5
                                   minutes between
                                   the end of a
                                   sample and the
                                   start of the next
                                   sample do not
                                   vary more than
                                   2
                                   percent or 0.055
                                   pounds, whichever
                                   is greater.
Does not specify relative         Adds an average     Improves
 humidity test condition.          minimum relative    representativenes
                                   humidity test       s, repeatability,
                                   condition of 30.0   and
                                   percent.            reproducibility.
Use of baffles and purge setting  Incorporates        Improves
 addressed in guidance..           existing guidance   representativenes
                                   into the test       s, repeatability,
                                   procedure; allows   and
                                   for an alternate    reproducibility.
                                   ambient
                                   measurement
                                   location instead
                                   of shielding the
                                   thermocouple and
                                   for rear
                                   clearances which
                                   are less than the
                                   required inlet
                                   measurement
                                   distance.
ACIMs shall be tested with a      ACIMs shall be      Improves
 clearance of 18 inches on all     tested according    representativenes
 four sides.                       to the              s, repeatability,
                                   manufacturer's      and
                                   specified minimum   reproducibility
                                   rear clearances     and updates
                                   requirements, or    certain
                                   3 feet from the     requirements to
                                   rear of the         harmonize with
                                   ACIMs, whichever    industry
                                   is less; all        standard.
                                   other sides of
                                   the ACIMs and all
                                   sides of the
                                   remote
                                   condensers, if
                                   applicable, shall
                                   be tested with a
                                   minimum clearance
                                   of 3 feet or the
                                   minimum clearance
                                   specified by the
                                   manufacturer,
                                   whichever is
                                   greater.
Does not specify use of weighted/ Specifies that      Improves
 unweighted sensors to measure     unweighted          representativenes
 ambient temperature.              sensors shall be    s, repeatability,
                                   used for all        and
                                   ambient             reproducibility.
                                   temperature
                                   measurements.
Does not specify how to measure   Specifies that the  Improves
 water inlet pressure              water pressure      representativenes
 requirements.                     shall be measured   s, repeatability,
                                   within 8 inches     and
                                   of the ACIM and     reproducibility.
                                   within the
                                   allowable range
                                   within 5 seconds
                                   of water flowing
                                   into the ACIM.
Does not specify how to collect   Provides            In response to
 capacity samples for ACIMs with   instruction to      waiver.
 dispensers.                       test certain
                                   ACIMs with an
                                   automatic
                                   dispenser with an
                                   empty internal
                                   bin at the start
                                   of the test and
                                   to allow for the
                                   continuous
                                   production and
                                   dispensing of
                                   ice, with samples
                                   collected from
                                   the dispenser
                                   through a conduit
                                   connected to an
                                   external bin one-
                                   half full of ice.
Does not specifically reference   Includes voluntary  Harmonizes with
 potable water usage.              reference to        industry
                                   potable water use   standard;
                                   in 10 CFR 431.134   improves
                                   based on AHRI       representativenes
                                   Standard 810 (I-    s, repeatability,
                                   P)-2016 with        and
                                   Addendum 1.         reproducibility.
Rounds energy use in multiples    Rounds energy use   Harmonizes with
 of 0.1 kWh/100 lb and harvest     in multiples of     latest industry
 rate to the nearest 1 lb/24 h.    0.01 kWh/100 lb;    standard;
                                   rounds harvest      improves
                                   rate to the         representativenes
                                   nearest 0.1 lb/24   s, repeatability,
                                   h for ACIMs with    and
                                   harvest rates of    reproducibility.
                                   50 lb/24 h or
                                   less.
Does not specify if intermediate  Clarifies that the  Improves
 values used in calculations       calculations of     representativenes
 should be rounded.                intermediate        s, repeatability,
                                   values be           and
                                   performed with      reproducibility.
                                   raw measured data
                                   and only the
                                   final results be
                                   rounded;
                                   clarifies that
                                   the energy use,
                                   condenser water
                                   use, and potable
                                   water use (if
                                   voluntarily
                                   measured) be
                                   calculated by
                                   averaging the
                                   calculated values
                                   for the three
                                   measured samples
                                   for each
                                   respective metric.
Does not specify how to           Specifies that the  Improves
 calculate the percent             percent             representativenes
 difference between two            difference          s, repeatability,
 measurements.                     between two         and
                                   measurements be     reproducibility.
                                   calculated by
                                   taking the
                                   absolute
                                   difference
                                   between two
                                   measurements and
                                   divide by the
                                   average of the
                                   two measurements.
References ``maximum energy       Removes             Improves clarity.
 use'' and ``maximum condenser     ``maximum'' from
 water use'' at 10 CFR 429.45,     the referenced
 no reference to water use in      terms; adds
 sampling plan.                    reference to
                                   condenser water
                                   use in sampling
                                   plan.
Defines ``maximum condenser       Modifies the term   Improves clarity.
 water use'' at 10 CFR 431.132.    and definition of
                                   ``maximum
                                   condenser water
                                   use'' to instead
                                   refer to the term
                                   ``condenser water
                                   use''.
Defines ``cube type ice'' at 10   Removes ``cube      Improves clarity.
 CFR 431.132.                      type ice'' from
                                   10 CFR 431.132;
                                   removes reference
                                   to cube type ice
                                   in the definition
                                   of ``batch type
                                   ice maker''.
Does not specify how the          The represented     Improves
 represented value of harvest      value of harvest    representativenes
 rate for each basic model         rate for the        s, repeatability,
 should be determined based on     basic model is      and
 the test sample.                  determined as the   reproducibility.
                                   mean of the
                                   harvest rate for
                                   each tested unit.

[[Page 65860]]

 
Does not specify rounding         Specifies that      Improves
 requirements for represented      represented         representativenes
 values in 10 CFR 429.45.          values determined   s, repeatability,
                                   in 10 CFR 429.45    and
                                   must be rounded     reproducibility.
                                   consistent with
                                   the test
                                   procedure
                                   rounding
                                   instructions,
                                   upon the
                                   compliance date
                                   of any amended
                                   standards.
No equipment-specific             The certified       Improves clarity.
 enforcement provisions.           harvest rate will
                                   be considered for
                                   determination of
                                   the energy
                                   consumption and
                                   condenser water
                                   use levels only
                                   if the average
                                   measured harvest
                                   rate is within
                                   five percent of
                                   the certified
                                   harvest rate,
                                   otherwise the
                                   measured harvest
                                   rate will be used
                                   to determine the
                                   applicable
                                   standards.
------------------------------------------------------------------------

    DOE has determined that while the amendments will introduce 
additional test requirements compared to the current approach, any 
impact to the measured efficiency of certified ACIMs is expected to be 
de minimis. For low-capacity ACIMs newly added within scope of the test 
procedure, testing according to the amended test procedure for purposes 
of certifications of compliance will not be required until the 
compliance date of any energy conservation standards for that 
equipment. However, if a manufacturer chooses to make representations 
of the energy efficiency or energy use of a low-capacity ACIM, 
beginning 360 days after publication of the final rule in the Federal 
Register, the manufacturer will be required to base such 
representations on the DOE test procedure. (42 U.S.C. 6314(d)(1)) While 
DOE does not expect that manufacturers will incur additional cost as a 
result of the amended test procedure, DOE provides a discussion of 
testing costs in section III.F.1 of this final rule. DOE has also 
determined that the amended test procedure will not be unduly 
burdensome to conduct. Discussion of DOE's amendments are addressed in 
detail in section III of this final rule.
    The effective date for the amended test procedures adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based by testing in accordance with the amended test procedures 
beginning 360 days after the publication of this final rule.

III. Discussion

    In the following sections, DOE describes the amendments to the test 
procedures for ACIMs. This reflects DOE's review of the updates to the 
referenced industry test procedures, the comments received in response 
to the March 2019 RFI and the December 2021 NOPR, and other relevant 
information.

A. Scope

    DOE defines automatic commercial ice maker as a factory-made 
assembly (not necessarily shipped in 1 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 (see also, 42 U.S.C. 6311(19)) The current DOE test procedure 
for ACIMs applies to both batch type and continuous type ice makers \5\ 
with harvest rates between 50 and 4,000 lb/24 h. DOE further subdivides 
the batch type and continuous type equipment ACIM categories into 
several distinct equipment classes based on the equipment 
configuration, condenser cooling method, and harvest rate in pounds per 
24 hours (lb/24 h), as shown in Table III.1. See also, 10 CFR 
431.136(c) and (d). ACIM configurations include ice-making heads, 
remote condensing equipment (both with and without a remote 
compressor), and self-contained equipment. Ice-making heads and self-
contained equipment can be either air- or water-cooled; however, DOE 
prescribes standards only for remote condensing equipment that are air-
cooled. Self-contained ACIMs include a means for storing ice, while 
ice-making heads and remote condensing equipment are typically paired 
with separate ice storage bins. At 10 CFR 431.132, DOE defines these 
configurations, as well as several metrics related to ACIMs.
---------------------------------------------------------------------------

    \5\ A batch type ice maker is defined as an ice maker that has 
alternate freezing and harvesting periods, including ACIMs that 
produce cube type ice and other batch technologies. 10 CFR 431.132. 
Batch type ice makers also produce tube type ice and fragmented ice. 
A continuous type ice maker is defined as an ice maker that 
continually freezes and harvests ice at the same time. Id. 
Continuous type ice makers primarily produce flake and nugget ice.

                                 Table III.1--Summary of ACIM Equipment Classes
----------------------------------------------------------------------------------------------------------------
       Equipment configuration         Condenser cooling fluid    Ice-making mechanism    Harvest rate (lb/24 h)
----------------------------------------------------------------------------------------------------------------
Ice-Making Head......................  Water..................  Batch..................  <300.
                                                                                         >=300 and <850.
                                                                                         >=850 and <1,500.
                                                                                         >=1,500 and <2,500.
                                                                                         >=2,500 and <4,000.
                                                                Continuous.............  <801.
                                                                                         >=801 and >2,500.
                                                                                         >=2,500 and >4,000.
                                       Air....................  Batch..................  <300.
                                                                                         >=300 and >800.
                                                                                         >=800 and <1,500.
                                                                                         >=1,500 and <4,000.
                                                                Continuous.............  <310.

[[Page 65861]]

 
                                                                                         >=310 and >820.
                                                                                         >=820 and <4,000.
Remote-Condensing (but not remote      Air....................  Batch..................  <988.
 compressor).                                                                            >=988 and <4,000.
                                                                Continuous.............  <800.
                                                                                         >=800 and <4,000.
Remote-Condensing and Remote           Air....................  Batch..................  <930.
 Compressor.                                                                             >=930 and <4,000.
                                                                Continuous.............  <800.
                                                                                         >=800 and <4,000.
Self-Contained.......................  Water..................  Batch..................  <200.
                                                                                         >=200 and <2,500.
                                                                                         >=2,500 and <4,000.
                                                                Continuous.............  <900.
                                                                                         >=900 and <2,500.
                                                                                         >=2,500 and <4,000.
                                       Air....................  Batch..................  <110.
                                                                                         >=110 and <200.
                                                                                         >=200 and <4,000.
                                                                Continuous.............  <200.
                                                                                         >=200 and <700.
                                                                                         >=700 and <4,000.
----------------------------------------------------------------------------------------------------------------

    The regulatory and statutory definitions of ACIM are not limited by 
harvest rate (i.e., capacity). (See 10 CFR 431.132 and 42 U.S.C. 
6311(19), respectively) However, the scope of DOE's test procedure is 
limited explicitly to ACIMs with capacities between 50 and 4,000 lb/24 
h. 10 CFR 431.134(a). DOE is aware of ACIMs available in the market 
with harvest rates less than or equal to 50 lb/24 h (hereafter referred 
to as ``low-capacity ACIMs'').
    DOE had previously considered test procedures for low-capacity 
ACIMs in a December 16, 2014, NOPR for test procedures for 
miscellaneous refrigeration products (``MREFs''). 79 FR 74894 
(``December 2014 MREF Test Procedure NOPR'').\6\ In a supplemental 
notice of proposed determination regarding miscellaneous refrigeration 
products coverage, DOE noted that a working group established to 
consider test procedures and standards for miscellaneous refrigeration 
products made two observations: (1) ice makers are fundamentally 
different from the other product categories considered as miscellaneous 
refrigeration products; and (2) ice makers are covered as commercial 
equipment and there is no clear differentiation between consumer and 
commercial ice makers. 81 FR 11454, 11456 (Mar. 4, 2016). In a 2016 
final rule, DOE determined that ice makers were significantly different 
from the other product categories considered, and ice makers were not 
included in the scope of coverage or test procedure for miscellaneous 
refrigeration products. 81 FR 46773 (July 18, 2016).
---------------------------------------------------------------------------

    \6\ Available at www.regulations.gov/document?D=EERE-2013-BT-TP-0029-0011.
---------------------------------------------------------------------------

    As discussed, EPCA defines ``covered equipment'' to include certain 
types of ``industrial equipment,'' including automatic commercial ice 
makers. 42 U.S.C. 6311(1). EPCA defines ``industrial equipment'' to 
mean equipment, including automatic commercial ice makers, (1) which in 
operation consumes, or is designed to consume, energy, (2) which, to 
any significant extent, is distributed in commerce for industrial or 
commercial use; and (3) which is not a ``covered product'' as defined 
in 42 U.S.C. 6291(a)(2), other than a component of a covered product 
with respect to which there is in effect a determination under 42 
U.S.C. 6312(c); without regard to whether such article is in fact 
distributed in commerce for industrial or commercial use. 42 U.S.C. 
6311(2).
    As discussed, the regulatory and statutory definitions of ACIM are 
not limited by harvest rate (see 10 CFR 431.132 and 42 U.S.C. 6311(19), 
respectively) and low-capacity ACIMs are not a covered product as 
defined in 42 U.S.C. 6291-6292. DOE has determined that low-capacity 
ACIMs are, to a significant extent, distributed in commerce for 
commercial use. DOE reviewed the low-capacity ACIM market and found 
that manufacturers specifically market certain low-capacity ACIMs for 
commercial use and/or using commercial air and water ambient rating 
conditions (i.e., 90 [deg]F air temperature and 70 [deg]F water 
temperature which are the same air and water ambient rating conditions 
used in DOE's test procedures for ACIMs currently prescribed at 10 CFR 
431.134) \7\ and distributors sell low-capacity ACIMs for commercial 
use.\8\ As such, notwithstanding that low-capacity ACIMs may also be 
distributed in commerce for personal use or consumption by individuals, 
low-capacity ACIMs meet the definition of ``industrial equipment'' and 
therefore are covered under the EPCA definition of ``covered 
equipment.''
---------------------------------------------------------------------------

    \7\ See www.scotsman-ice.com/service/Specs%20Sheets/2017/SIS-SS-CU0415_0117%20LR.pdf, http://www.hoshizaki.com/docs/color-specs/AM-50BAJ-(AD)DS.pdf, http://www.hoshizaki.com/docs/color-specs/IM-50BAA-Q.pdf, http://www.hoshizaki.com/docs/color-specs/C-80BAJ-
(AD)DS.pdf, https://www.manitowocice.com/asset/?id=qsoqru&regions=us&prefLang=en, https://www.scotsman-ice.com/service/Specs%20Sheets/2018/SIS-SS-CU-CU50_0118%20LR.pdf, https://iom-stage.azurewebsites.net/getattachment/b06fdb7c-aaaa-4e5b-b5a6-b091e657a0d3/UCG060A-Spec-Sheet, and https://www.summitappliance.com/catalog/model/BIM44GCSS.
    \8\ See www.katom.com/cat/countertop-ice-makers.html?brand=Danby, https://www.katom.com/cat/undercounter-ice-makers.html?suggested_use=Commercial&production_range_lb%2Fday=1%20-%2099%20lbs, https://www.ckitchen.com/313767/ice-machine-with-bin.html?filter=type-of-cooling:air-cooled;4-hr-production:10-50lbs, 
https://www.webstaurantstore.com/13283/undercounter-ice-
machines.html?filter=24-hour-ice-yield:38~102-pounds, and 
www.staples.com/ice+maker/directory_ice%2520maker.
---------------------------------------------------------------------------

    In the December 2014 MREF Test Procedure NOPR, DOE stated it is 
aware that manufacturers are using the DOE ACIM test procedure to 
represent the energy use of consumer ice makers (i.e.,

[[Page 65862]]

low-capacity ACIMs). 79 FR 74894, 74916. DOE also stated that it is 
unaware of any test procedure that has been specifically developed for 
consumer ice makers (i.e., low-capacity ACIMs). Id.
    In the December 2021 NOPR, DOE proposed a test procedure for low-
capacity ACIMs and requested comment on the proposal to include test 
procedure provisions for low-capacity ACIMs within the scope of the 
ACIM test procedure. 86 FR 72322,72328.
    In response to the December 2021 NOPR, the Joint Commenters 
responded that there are many low-capacity models on the market, and 
these units currently are not subject to DOE efficiency standards or 
test procedures. (Joint Commenters, No. 15, p. 1)
    The CA IOUs and the Joint Commenters expressed support for DOE's 
proposal to include ACIMs with daily harvest rates below 50 lb/day into 
the scope of the test procedure, with the Joint Commenters adding that 
this will ensure any manufacturer claims about capacity and efficiency 
will be based on standardized test procedures to help purchasers make 
informed choices. (CA IOUs, No. 16, p. 1; Joint Commenters, No. 15, p. 
1)
    The CA IOUs stated that they believe extending the scope of the 
test procedure to low-capacity ice makers is a reasonable first step to 
a future rulemaking to set minimum energy efficiency standards for 
these low-capacity ACIM units. (CA IOUs, No. 16, p. 1)
    Hoshizaki and AHRI stated that they do not agree with adding 
provisions for low-capacity ACIMs. (Hoshizaki, No. 14, p. 1; AHRI, No. 
13, p. 2) AHAM stated that they do not agree with adding provisions for 
low-capacity ACIMs to the extent that they include consumer or 
residential ice makers. (AHAM, No. 18, p. 2) IOM stated that it 
supports the goal of developing an industry standard to allow for the 
consistent testing of low-capacity ACIMs.. (IOM, No. 11, p. 1) However, 
IOM, AHRI, and Hoshizaki stated that such a standard should be 
developed by an industry organization (ASHRAE 29 or AHRI 810) to 
determine proper methodology for consistent testing. (IOM, No. 11, p. 
1; AHRI, No. 13, p. 2; Hoshizaki, No. 14, p. 1)
    AHAM stated that DOE first examined establishing coverage for 
consumer stand-alone ice makers as part of the rulemaking to establish 
coverage for miscellaneous refrigeration products. (AHAM, No. 18, p. 2) 
AHAM noted that, per the recommendation of an Appliance Standards 
Rulemaking Advisory Committee (ASRAC) working group and its agreed-upon 
term sheet, DOE declined to cover consumer stand-alone ice makers as 
part of that rulemaking with the stated reasoning that those products 
were too different from the other products over which DOE was proposing 
to establish coverage under the miscellaneous refrigeration product 
category. Id. AHAM noted that the ASRAC stakeholders never suggested or 
determined that the difference between stand-alone small capacity ice 
makers and other miscellaneous refrigeration products was that ice 
makers were commercial equipment. (AHAM, No. 18, p. 3)
    AHAM stated that consumer stand-alone ice makers are not automatic 
commercial ice makers. Id. AHAM stated that Congress intended to 
include only commercial products under the scope of ``automatic 
commercial ice makers'' as demonstrated by the word ``commercial'' and 
did not intend to cover residential/consumer products. Id. AHAM stated 
that, in EPCA, automatic commercial ice makers are included in 42 
U.S.C. Part A-1 for ``Certain Industrial Equipment'', not Part A, which 
is for ``Consumer Products other than Automobiles''. Id. AHAM stated 
that automatic commercial ice makers fall under the EPCA definition of 
``covered equipment'' which means that, as a threshold matter, it is a 
type of ``industrial equipment''. Id. AHAM commented that DOE's 
guidance states that ``consumer products and industrial equipment are 
mutually exclusive categories. An appliance model can only be 
considered commercial under the Act if it does not fit the definition 
of `consumer product' ''.\9\ (AHAM, No. 18, p. 4) AHAM states that 
stand-alone ice makers that are capable of making 50 pounds per day or 
less more squarely fit under DOE's definition of a consumer product and 
that residential ice makers that fit under the counter or on the 
countertop are regularly distributed in commerce for personal use or 
consumption by individuals. (AHAM, No. 18, p. 3)
---------------------------------------------------------------------------

    \9\ See https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/cce_faq.pdf.
---------------------------------------------------------------------------

    AHAM commented that there are several distinguishing design 
features or characteristics of stand-alone or under-counter ice makers 
with low capacities including: space constraints, ice quality (i.e., 
clear, cubed ice or nugget type ice), countertop designs (portable ice 
makers only), lack of connection to the water supply (portable ice 
makers only), infrequent and low ice usage, different durability 
requirements, different sanitary considerations, lack of requirement 
for National Sanitation Foundation (``NSF'') certifications/listings, 
different manufacturer warranties, and different safety standards 
(i.e., Underwriters' Laboratories (``UL'') 60335-2-89, Particular 
Requirements for Commercial Refrigerating Appliances and Ice makers 
with an Incorporated or Remote Refrigerant Unit or Motor-Compressor and 
UL 60335-2-24, Particular Requirements for Refrigerating Appliances, 
Ice-Cream Appliances, and Ice Makers). (AHAM, No. 18, p. 4-6)
    Hoshizaki commented that repeatability is key with low-production 
models where one cube or chunk could cause the test to be out of 
tolerance. (Hoshizaki, No. 14, p. 1) Hoshizaki stated that a very low-
production machine could have 31% stability swings and could prove 
impossible to meet the stability threshold in the ASHRAE 29 test. Id.
    In the December 2021 NOPR, DOE also requested comment on whether 
there are any industry test procedures for testing and rating low-
capacity ACIMs, specifically asking about features specific to low-
capacity ACIMs that might need addressed to produce results 
representative of an average use cycle. 86 FR 72322,72328.
    Hoshizaki, AHRI, and AHAM commented they are not aware of any test 
procedures for low-capacity ice makers. (Hoshizaki, No. 14, p. 1; AHRI, 
No. 13, p. 2; AHAM, No. 18, p. 8) AHRI and Hoshizaki added that a study 
would be needed to determine a repeatable process to accurately 
represent ice capacity and energy use. Id. AHRI recommended DOE bring 
this to the ASHRAE Standard Project Committee (``SPC'') 29 for 
consideration. (AHRI, No. 13, p. 2)
    As stated in the December 2021 NOPR, the energy performance of low-
capacity ACIMs are typically either not specified or based on the 
existing ACIM industry test procedures. 86 FR 72322,72328. However, the 
lack of a DOE test procedure could allow for manufacturers to make 
performance claims using other unknown test procedures, which could 
result in inconsistent ratings from model to model. Id.
    DOE is still unaware of an industry test procedure for testing and 
rating low-capacity ACIMs. Manufacturers continue to use the DOE ACIM 
test procedure to represent the energy use of low-capacity ACIMs or do 
not specify the energy use. DOE acknowledges the comments regarding 
including low-capacity ACIMs within scope of industry test standards 
and will consider any updated industry test

[[Page 65863]]

standards, if available, during future ACIM test procedure rulemakings.
    DOE discusses stability requirements for low-capacity ACIMs in 
section III.D.1 of this final rule.
    In response to AHAM's comments regarding low-capacity ACIMs, as 
previously stated, EPCA defines ``industrial equipment'' to mean 
equipment (1) which in operation consumes, or is designed to consume, 
energy, (2) which, to any significant extent, is distributed in 
commerce for industrial or commercial use; and (3) which is not a 
``covered product'' as defined in 42 U.S.C. 6291(a)(2), other than a 
component of a covered product with respect to which there is in effect 
a determination under 42 U.S.C. 6312(c); without regard to whether such 
article is in fact distributed in commerce for industrial or commercial 
use. 42 U.S.C. 6311(2). DOE has determined that low-capacity ACIMs (1) 
consume energy; (2) are, to a significant extent, distributed in 
commerce for commercial use; and (3) are not covered products. As such, 
notwithstanding that low-capacity ACIMs may also be distributed in 
commerce for personal use or consumption by individuals, low-capacity 
ACIMs meet the definition of ``industrial equipment'' and therefore are 
covered under the EPCA definition of ``covered equipment.'' DOE has 
determined that establishing a test procedure for low-capacity ACIMs 
will allow purchasers to make more informed decisions regarding the 
performance of low-capacity ACIMs. DOE is amending the scope of the 
ACIM test procedure to include all automatic commercial ice makers with 
capacities up to 4,000 lb/24 h (i.e., to include within the scope of 
the test procedure, low-capacity ACIMs with a harvest rate less than 50 
lb/24 h). Under the amended test procedure, were a manufacturer to 
choose to make representations of the energy efficiency or energy use 
of a low-capacity ACIM, beginning 360 days after publication of the 
final rule in the Federal Register, manufacturers would be required to 
base such representations on the DOE test procedure. (42 U.S.C. 
6314(d)(1))

B. Definitions

    As noted, 10 CFR 431.132 provides definitions concerning ACIMs. DOE 
adds new definitions to support test procedure amendments elsewhere in 
this document, as discussed in the following paragraphs.
1. Refrigerated Storage ACIM
    Typical self-contained ACIMs have an ice storage bin that is 
insulated but provides no active refrigeration. As a result, the ice 
melts at a certain rate and the ice maker must periodically replenish 
the melted ice. Conversely, some self-contained low-capacity ACIMs 
feature a refrigerated storage bin that prevents melting of the stored 
ice. Because of the additional refrigeration system components, ACIMs 
with a refrigerated storage bin (i.e., refrigerated storage ACIMs) have 
different energy use characteristics than ACIMs without refrigerated 
storage.
    In the December 2021 NOPR, DOE proposed to define ``refrigerated 
storage automatic commercial ice maker'' as an automatic commercial ice 
maker that has a refrigeration system that actively refrigerates the 
self-contained storage bin in 10 CFR 431.132 for refrigerated storage 
ACIMs. 86 FR 72322, 72328.
    In the December 2021 NOPR, DOE requested comment on the proposed 
definitions for refrigerated storage automatic commercial ice maker. 86 
FR 72322, 72328.
    In response to the December 2021 NOPR, Hoshizaki commented that it 
is not aware of any standard, self-contained refrigerated storage 
commercial ice makers. (Hoshizaki, No. 14, p. 1)
    AHRI commented it was unable to categorize this equipment class 
with the information provided and would appreciate clarification on 
this equipment class and the desired intent behind its potential 
inclusion. (AHRI, No. 13, p. 2) Hoshizaki additionally requested 
examples of this product, and requested that this be addressed in AHRI 
810 and ASHRAE 29 for definition. (Hoshizaki, No. 14, p. 1)
    As stated in the December 2021 NOPR, DOE included a definition of 
refrigerated storage ACIMs to effectively differentiate refrigerated 
storage ACIMs from ACIMs with unrefrigerated storage bins, and to 
support the proposed test provisions for refrigerated storage ACIMs. 86 
FR 72322, 72328. An example of a refrigerated storage ACIM is the 
Whynter UIM-155.\10\ To clarify and provide more information on the 
scope of the refrigerated storage ACIM definition, DOE has added 
``ice'' to the definition to differentiate refrigerated storage ACIMs 
from other refrigeration equipment that is not intended only for ice 
storage, so the phrase at the end of the definition reads ``self-
contained ice storage bin''.
---------------------------------------------------------------------------

    \10\ See www.whynter.com/product/uim-155/.
---------------------------------------------------------------------------

    DOE will consider any updated industry standards, if available, 
during future ACIM test procedure rulemakings.
    DOE is modifying the definition of refrigerated storage automatic 
commercial ice maker in this final rule.
2. Portable ACIM
    Some low-capacity ACIMs are ``portable'' and do not require 
connection to water supply plumbing to operate. Instead, these units 
contain a reservoir that the user manually fills with water prior to 
operation and must refill when it becomes empty. In the December 2014 
MREF Test Procedure NOPR, DOE proposed to define ``portable ice maker'' 
as an ice maker that does not require connection to a water supply and 
instead has one or more reservoirs that would be manually supplied with 
water. 79 FR 74894, 74916. DOE noted that the lack of a fixed water 
connection and the small size of these units contribute to their 
portability. Id. DOE did not receive comments on the proposed 
definition for portable ice makers in response to the December 2014 
MREF Test Procedure NOPR.
    In the December 2021 NOPR, DOE proposed a definition for a portable 
ice maker as proposed in the December 2014 MREF Test Procedure NOPR, 
but with additional specification that ACIMs with an optional 
connection to a water supply line would not be considered portable 
ACIMs (i.e., a unit would be considered portable if the water supplied 
to the unit is only via one or more reservoirs). 86 FR 72322, 72328. 
DOE proposed to define ``portable automatic commercial ice maker'' as 
an automatic commercial ice maker that does not have a means to connect 
to a water supply line and has one or more reservoirs that are manually 
supplied with water in 10 CFR 431.132. Id.
    In the December 2021 NOPR, DOE requested comment on the proposed 
definition for portable automatic commercial ice maker. Id.
    In response to the December 2021 NOPR, AHRI commented that the 
proposed definitions seemed reasonable. (AHRI, No. 13, p. 2-3) However, 
Hoshizaki and AHRI requested that DOE work with AHRI and ASHRAE to add 
this definition in both AHRI 810 and ASHRAE 29. (Hoshizaki, No. 14, p. 
1-2; AHRI, No. 13, p. 2-3)
    AHAM stated that portable ice makers are designed to fit on the 
countertop and rely on a reservoir instead of being plumbed into the 
water supply. (AHAM, No. 18, p.4)
    The CA IOUs commented on two types of portable ACIMs: portable 
drawer ice machines and portable bin ice machines. (CA IOUs, No. 16, p. 
3)

[[Page 65864]]

The CA IOUs commented that portable drawer ice machines are designed 
without a door, and the ice drops directly from the evaporator into a 
drawer. Id. The CA IOUs stated that in this design, the user does not 
have to open a door to access the drawer. Id. The CA IOUs commented 
that portable bin ice machines are similar to traditional self-
contained machines where the evaporator is in the bin itself; however, 
the evaporator uses a pipe trickle design to create semi-hollow or 
gourmet ice. Id. The CA IOUs noted that water can be filled directly 
into the evaporator in the portable bin ice machines, but both portable 
drawer and portable bin low-capacity ice machine designs can reuse ice-
melt water to feed the evaporator. Id.
    DOE notes that the proposed definition of portable automatic 
commercial ice maker does not distinguish between portable ACIMs with 
and without doors. DOE has also not identified any need to 
differentiate between these portable ACIM configurations for the 
purposes of testing. Therefore, all portable ACIMs would be included 
under this definition and any further categorization of portable ACIM 
equipment classes could be investigated in any energy conservation 
standards rulemaking for portable ACIMs.
    DOE is maintaining the definition of portable automatic commercial 
ice maker in this final rule, consistent with the December 2021 NOPR.
3. Industry Standard Definitions
    In addition to the definitions specified at 10 CFR 431.132, the 
current DOE test procedure at 10 CFR 431.134 references section 3, 
``Definitions'' of AHRI Standard 810-2007, which includes many of the 
same terms DOE defines at 10 CFR 431.132 and 31.134. In the December 
2021 NOPR, to avoid potential confusion regarding multiple definitions 
of similar terms, DOE proposed to clarify in 10 CFR 431.134 that where 
definitions in AHRI Standard 810 conflict with those in DOE's 
regulations, the DOE definitions take precedence. 86 FR 72322, 72328-
72329.
    AHRI Standard 810 (I-P)-2016 with Addendum 1 updated its definition 
of ``Energy Consumption Rate'' to require expressing the rate in 
multiples of 0.01 kWh/100 lb of ice. To maintain consistency with the 
industry standard, DOE proposed to incorporate this same rounding 
requirement in its definition of ``Energy use'' at 10 CFR 431.132 
instead of the current requirement of multiples of 0.1 kWh/100 lb of 
ice. 86 FR 72322, 72328.
    AHRI Standard 810 (I-P)-2016 with Addendum 1 also deleted its 
definition of ``Cubes Type Ice Maker'' and replaced it with a 
definition of ``Batch Type Ice-Maker.'' 86 FR 72322, 72328. To be 
consistent with this industry update, DOE proposed to remove the 
reference to cubes type ice maker in the definition of ``batch type ice 
maker'' in 10 CFR 431.132. Id. DOE also proposed to remove ``cube type 
ice'' from the list of DOE definitions at 10 CFR 431.132, consistent 
with the industry standard update. 86 FR 72322, 72329.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
amend 10 CFR 431.132 to revise the previously described definitions, 
consistent with updates to AHRI Standard 810 (I-P)-2016 with Addendum 
1, additionally requesting feedback on the proposed clarification that 
the DOE definitions take precedence over any conflicting industry 
standard definitions. 86 FR 72322, 72329.
    Hoshizaki agreed with this proposal, but requested that AHRI 810, 
ASHRAE 29, and 10 CFR 431.132 definitions be consistent. (Hoshizaki, 
No. 14, p. 2)
    AHRI commented that the proposed definitions seemed reasonable, but 
stated that this should go to ASHRAE SPC 29 and AHRI standard 810 for 
consideration and inclusion. (AHRI, No. 13, p. 2-3)
    DOE is amending 10 CFR 431.132 to revise the previously described 
definitions in this final rule. These updates are consistent with 
updates in the current industry standard AHRI Standard 810 (I-P)-2016 
with Addendum 1. DOE is also maintaining in this final rule the 
clarification that the DOE definitions take precedence over any 
conflicting industry standard definitions, consistent with the December 
2021 NOPR.
    The following section discusses additional updates included in the 
latest versions of the industry standards.

C. Industry Test Standards Incorporated by Reference

    The existing DOE ACIM test procedure incorporates by reference AHRI 
Standard 810-2007 and ASHRAE Standard 29-2009. 10 CFR 431.134(b). Since 
publication of the January 11, 2012 test procedure final rule 
(``January 2012 final rule''), both AHRI and ASHRAE have published new 
versions of the referenced standards. 77 FR 1591. The most recent 
versions are AHRI Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE 
Standard 29-2015 (reaffirmed in 2018). DOE has reviewed the most recent 
versions of both AHRI Standard 810 and ASHRAE Standard 29 and has 
compared the updated versions of these industry standards to those 
currently incorporated by reference in the ACIM test procedure.
    The updates in ASHRAE Standard 29-2015 provide additional 
specificity to several aspects of the test method. In general, these 
updates increase the precision and improve the repeatability of the 
test method, but do not fundamentally change the testing process, 
conditions, or results. In addition, ASHRAE made several grammatical, 
editorial, and formatting changes to improve the clarity of the test 
method. DOE summarizes these changes in Table III.2.

   Table III.2--Summary of Changes Between ASHRAE Standard 29-2009 and
                         ASRHAE Standard 29-2015
------------------------------------------------------------------------
                                 ASHRAE standard    ASHRAE standard 29-
          Requirement                29-2009                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 1.0 [deg]F;
                                 of <=2.0 [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 and
                                 ``non-perforated   perforation size for
                                 pan or bucket.''   perforated pans and
                                                    ``solid surface''
                                                    for non-perforated
                                                    pans.
Pressure Measuring Instruments  None.............  Accuracy of and
                                                    resolution of 2.0 percent of
                                                    the quantity
                                                    measured.
Sampling Rate.................  None.............  Maximum interval
                                                    between data samples
                                                    of 5 sec.

[[Page 65865]]

 
Supply Water Temperature and    1      1 [deg]F
 Pressure.                       [deg]F (water      (water supply
                                 supply             temperature) and
                                 temperature).      ``within 8 in. of
                                                    the ice maker . . .
                                                    within the specified
                                                    range'' (water
                                                    pressure) during
                                                    water fill interval.
Inlet Air Temperature           Measure a minimum  Measure at a location
 Measurement.                    of 2 places,       geometrically center
                                 centered 1 ft      to the inlet area at
                                 from the air       a distance 1 ft from
                                 inlet(s).          each inlet.
Clearances....................  18 inches on all   3 ft or the minimum
                                 sides.             clearance allowed by
                                                    the manufacturer,
                                                    whichever is
                                                    greater.
Stabilization Criteria........  Three consecutive  Two consecutive 15.0
                                 14.4 min samples   min  2.5
                                 (continuous)       sec samples taken
                                 taken within a     within 5 mins of
                                 1.5 hr period or   each other within 2
                                 two consecutive    percent or 0.055 lbs
                                 batches (batch)    (continuous) or
                                 do not vary by     calculated 24-hour
                                 more than 2 percent.   from two consecutive
                                                    batches within 2 percent or
                                                    2.2 lb (batch).
Capacity Test Ice Collection..  Three consecutive  Specifies that batch
                                 14.4 min samples   ice must be weighed
                                 (continuous) or    30  2.5
                                 batches (batch).   sec after collection
                                                    and continuous ice
                                                    samples must be
                                                    within 5 mins of
                                                    each other.
Calorimetry Testing...........  (1) Room           (1) Room temperature
                                 temperature is     shall be within 65-
                                 not specified.     75[deg]F during the
                                (2) To determine    entire procedure.
                                 the calorimeter   (2) To determine the
                                 constant, 30 lbs   calorimeter
                                 of water must be   constant, add a
                                 added..            quantity of water 5
                                (3) Rate of         times the mass of
                                 stirring is        ice (see #4 below).
                                 described as      (3) Rate of stirring
                                 ``vigorously''..   is to be 1  0.5
                                 the calorimeter    revolutions/second.
                                 constant, 6 lbs   (4) To determine the
                                 of ice must be     calorimeter
                                 added..            constant, add a mass
                                (5) The block of    of ice between 50-
                                 ice is seasoned    200% of the rated
                                 at room            ice production for a
                                 temperature. A     period of 15 minutes
                                 temperature        of the ice maker to
                                 measurement        be tested, or 6 lbs,
                                 location is not    whichever is less.
                                 specified for     (5) The block of pure
                                 the block of       ice must reach an
                                 ice..              equilibrium
                                (6) To determine    temperature measured
                                 the calorimeter    by a thermocouple
                                 constant, it is    embedded in the
                                 not explicitly     interior of the
                                 stated to          block and free of
                                 continue           trapped water.
                                 stirring for 15   (6) To determine the
                                 minutes after      calorimeter
                                 the ice has        constant, continue
                                 melted..           stirring for 15
                                (7) The             minutes after ice
                                 calorimeter        has disappeared.
                                 constant shall    (7) The calorimeter
                                 be determined      constant shall be
                                 twice, at the      determined, at a
                                 beginning and at   minimum, each time
                                 the end of the     the temperature
                                 daily tests..      measuring and
                                (8) The             weighting
                                 calorimeter        instruments are
                                 constant shall     calibrated or if
                                 be no greater      there is a change to
                                 than 1.02..        the container or
                                                    stirring apparatus.
                                                   (8) The calorimeter
                                                    constant must be
                                                    within 1.0-1.02.
                                                   (9) To determine the
                                                    net cooling effect,
                                                    stir the water for
                                                    15 minutes prior to
                                                    the addition of the
                                                    harvested ice.
                                                   (10) Section 7.2.4
                                                    specifies that the
                                                    ice sample used for
                                                    calorimetry testing
                                                    shall be intercepted
                                                    using a non-
                                                    perforated
                                                    container, precooled
                                                    to ice temperature,
                                                    and collected from a
                                                    stabilized ice maker
                                                    over a time period
                                                    of 15 min or until 6
                                                    lbs has been
                                                    captured.
                                (9) To determine
                                 the net cooling
                                 effect, the
                                 water must stand
                                 in the
                                 calorimeter for
                                 1 min before
                                 adding harvested
                                 ice.
                                (10) Section
                                 7.2.3 specifies
                                 that the ice
                                 sample used for
                                 calorimetry
                                 testing shall be
                                 intercepted in a
                                 manner similar
                                 to that
                                 prescribed in
                                 section 7.2.2
                                 (7.2.2 reads:
                                 Record the
                                 required data
                                 (see section
                                 8).), except
                                 that the sample
                                 size shall be
                                 suitable for the
                                 test..
Recorded Data.................  Specifies 7        Specifies that
                                 discrete           ambient temperature
                                 elements be        gradient (at rest),
                                 recorded.          maximum air-
                                                    circulation velocity
                                                    (at rest), and water
                                                    pressure must also
                                                    be recorded.
------------------------------------------------------------------------

    DOE also reviewed the updates to AHRI Standard 810 (I-P)-2016 with 
Addendum 1 and identified the following revisions: new definitions for, 
among others, ice hardness factor and potable water use rate; and an 
updated rounding requirement for energy consumption rate (from 0.1 
kilowatt hours per 100 pounds (``kWh/100 lb'') to 0.01 kWh/100 lb). The 
changes to AHRI Standard 810 (I-P)-2016 with Addendum 1 are primarily 
clerical in nature and provide greater consistency in the use of terms 
and specific definitions for those terms.
    DOE also compared the latest version of ASHRAE Standard 29-2015 to 
the requirements in the current DOE test procedure in 10 CFR 431.134. 
These test methods specify different conditions for calorimetry testing 
of continuous ice makers. Specifically, the current DOE test procedure 
requires an ambient air temperature of 70  1 [deg]F, with 
an initial water temperature of 90  1 [deg]F. 10 CFR 
431.134(b)(2)(ii). ASHRAE Standard 29-2015 states in appendix A3 that 
room temperature shall be kept between 65 [deg]F and 75 [deg]F, and 
that the water

[[Page 65866]]

temperature is 20 [deg]F  1 [deg]F above room temperature.
    In the December 2021 NOPR, DOE tentatively determined that the 
current ambient and water condition requirements for calorimetry 
testing in the DOE test procedure are appropriate because they provide 
more precise and repeatable measurements than the tolerances described 
in ASHRAE Standard 29-2015. 86 FR 72322, 72331. Additionally, 
manufacturers have been meeting the requirements to maintain 70 [deg]F 
 1 [deg]F ambient air temperature and 90 [deg]F  1 [deg]F initial water temperature for calorimetry testing as 
part of the current DOE test procedure in 10 CFR 431.134. The current 
DOE test approach also is consistent with the industry test standard 
requirements, i.e., a test performed at the DOE-required temperature 
conditions meets the temperature conditions specified in ASHRAE 
Standard 29-2015. Therefore, in the December 2021 NOPR, DOE did not 
propose to amend the 70 [deg]F  1 [deg]F ambient air 
temperature and 90 [deg]F  1 [deg]F initial water 
temperature requirements for calorimetry testing. 86 FR 72322, 72331. 
DOE proposed to explicitly provide that the harvested ice used to 
determine the ice hardness factor be produced at the Standard Rating 
Conditions specified in section 5.2.1 of AHRI Standard 810 (I-P)-2016 
with Addendum 1. Id. These conditions are provided in the industry 
standard, indicating that they are currently used by manufacturers and 
therefore this clarification would not change how manufacturers test.
    Additionally, added specificity may be needed to accurately 
determine the calorimeter constant. DOE has found that the lack of 
specificity as to the location of the temperature measurement of the 
block of pure ice may lead to variation in the resulting calorimeter 
constant. Therefore, in the December 2021 NOPR, DOE proposed to specify 
that the block of pure ice, as specified in section A2.e of ASHRAE 
Standard 29-2015, is measured by a thermocouple embedded at 
approximately the geometric center of the interior of the block. 86 FR 
72322, 72331. Furthermore, DOE proposed to specify that any liquid 
water present on the block of ice must be wiped off the surface of the 
block before placing the block into the calorimeter. Id.
    In the December 2021 NOPR, DOE proposed to adopt by reference AHRI 
Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015 
(note that AHRI Standard 810 (I-P)-2016 with Addendum 1 refers to 
ASHRAE Standard 29-2015 and not the 2018 re-affirmed version) as the 
basis for DOE's ACIM test procedure, with additional proposed 
provisions as specified in the December 2021 NOPR. 86 FR 72322, 72331.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
maintain the current specifications for ambient air temperature and 
initial water temperature for calorimetry testing. 86 FR 72322, 72331. 
DOE additionally requested comment on its proposal to clarify that the 
harvested ice used to determine the ice hardness factor be collected 
from the ACIM under test at the Standard Rating Conditions specified in 
section 5.2.1 of AHRI Standard 810 (I-P)-2016 with Addendum 1. Id.
    In response to the December 2021 NOPR, Hoshizaki commented that it 
does not agree with this change, and requested that any changes to the 
test procedure be brought to the ASHRAE 29 standard committee for 
clarification and acceptance. (Hoshizaki, No. 14, p. 2)
    Similarly, AHRI commented that members are not opposed to this 
change but note that such a change must follow the proper channels and 
first be incorporated into the ASHRAE 29 method of test before being 
adopted into federal regulation. (AHRI, No. 13, p. 3)
    AHAM commented that requiring the ice sample to be used for 
calorimetry testing be intercepted using a non-perforated container, 
precooled to ice temperature is not necessary because the measurement 
of ice sample weight is very quick (about five seconds) and will not 
reduce the accuracy due to the ice sample melting or evaporating. 
(AHAM, No. 18, p. 13) AHAM stated that this requirement does not add a 
large burden, but it is an unnecessary burden. Id.
    The test approach proposed in the December 2021 NOPR is consistent 
with the industry test standard requirements and manufacturers have 
been meeting the requirements to maintain 70 [deg]F  1 
[deg]F ambient air temperature and 90 [deg]F  1 [deg]F 
initial water temperature for calorimetry testing as part of the 
current DOE test procedure in 10 CFR 431.134.
    DOE is maintaining in this final rule the current specifications 
for ambient air temperature and initial water temperature for 
calorimetry testing and clarifying that the harvested ice used to 
determine the ice hardness factor be collected from the ACIM under test 
at the Standard Rating Conditions specified in section 5.2.1 of AHRI 
Standard 810 (I-P)-2016 with Addendum 1.
    Additionally, DOE requested comment on its proposal to clarify that 
the temperature of the block of pure ice, as specified in section A2.e. 
of ASHRAE Standard 29-2015, is measured by a thermocouple embedded at 
approximately the geometric center of the interior of the block. 86 FR 
72322, 72331. DOE also requested comment on its proposal to clarify 
that any water that remains on the block of ice must be wiped off the 
surface of the block before placing the ice into the calorimeter. Id.
    In response to the December 2021 NOPR, Hoshizaki requested that any 
clarification of wording in ASHRAE 29 be brought to the ASHRAE 29 
standard committee for discussion and acceptance. (Hoshizaki, No. 14, 
p. 2)
    AHRI encouraged DOE to bring any requests for clarification or 
interpretation to the proper industry working groups for consideration, 
since consistency and repeatability are of utmost importance to ensure 
that all original equipment manufacturers (``OEMs'') and testing bodies 
address these provisions in a constant manner. (AHRI, No. 13, p. 3)
    The test approach proposed in the December 2021 NOPR is consistent 
with the industry test standard requirements and would limit variation 
in determining the calorimeter constant. Therefore, DOE is maintaining 
these clarifications in this final rule, consistent with the December 
2021 NOPR.
    Additionally, DOE requested comment on its proposal to adopt by 
reference AHRI Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE 
Standard 29-2015, except for the provisions for calorimetry testing as 
discussed previously, for all ACIMs. 86 FR 72322, 72331.
    Hoshizaki and AHRI agreed to the adoption of AHRI Standard 810 (I-
P)-2016 with Addendum 1 and ASHRAE 29-2015. (Hoshizaki, No. 14, p. 2; 
AHRI, No. 13, p. 3) However, Hoshizaki supports adoption of the 
standards in their entirety with no exceptions, otherwise there is a 
risk that changes not reflected in the standards will not be realized 
by testers. (Hoshizaki, No. 14, p. 2) Hoshizaki and AHRI requested that 
any proposed changes be brought before the relevant standard committees 
for discussion and acceptance. (Hoshizaki, No. 14, p. 2)
    DOE is adopting by reference AHRI Standard 810 (I-P)-2016 with 
Addendum 1 and ASHRAE Standard 29-2015, except for the additional 
amendments as specified in this final rule. DOE has determined that the 
additional amendments are consistent with the test requirements in the 
industry standards but provide added specificity to limit variation in 
testing. These modifications are consistent with section 8(c) of 10 CFR 
part 430, subpart

[[Page 65867]]

C, appendix A (the ``Process Rule''), applicable to ACIMs under 10 CFR 
431.4, which states that DOE may adopt industry test procedure 
standards with modifications, or craft its own procedures as necessary 
to ensure compatibility with the relevant statutory requirements, as 
well as DOE's compliance, certification, and enforcement requirements. 
Additional modifications to the industry standard test methods are 
discussed in the following sections.

D. Additional Amendments

    As part of this rulemaking, DOE conducted testing to identify 
whether ASHRAE Standard 29-2015 and AHRI Standard 810 (I-P)-2016 with 
Addendum 1 could potentially benefit from additional detail and to 
investigate topics discussed in the March 2019 RFI and December 2021 
NOPR. The testing and initial findings are discussed along with any 
corresponding amendments in the following sections.
1. Low-Capacity ACIMs
    DOE examined the comments received in response to the December 2014 
MREF Test Procedure NOPR to consider what test method would be 
appropriate for low-capacity ACIMs. During the December 2014 MREF Test 
Procedure NOPR public meeting, True Manufacturing commented that there 
are very few differences between ice makers with harvest rates less 
than 50 lb/24 h and those with harvest rates greater than 50 lb/24 h. 
(Public Meeting Transcript, No. EERE-2013-BT-TP-0029-0014 at p. 31) 
Hoshizaki commented in response to the December 2014 MREF Test 
Procedure NOPR that the ASHRAE 29 test needs to be evaluated for 
accuracy for units that make less than 50 lb/24 h, as they are outside 
the listed scope of the standard. (Hoshizaki, No. EERE-2013-BT-TP-0029-
0011 at p. 1)
    In the December 2021 NOPR, DOE evaluated the provisions in its 
existing ACIM test procedure to determine if any modifications are 
necessary to ensure the proposed test method would provide 
representative and repeatable measures of performance for low-capacity 
ACIMs and would not be unduly burdensome to conduct. 86 FR 72322, 
72331. DOE also evaluated the provisions in AHRI Standard 810 (I-P)-
2016 with Addendum 1 and ASHRAE Standard 29-2015 to determine their 
applicability to low-capacity ACIMs. Id. During investigative testing 
of batch type low-capacity ACIMs, DOE observed that the ice collection 
container requirements in section 5.5.2(a) of ASHRAE Standard 29-2015 
may not be appropriate for this equipment. Section 5.5.2(a) requires 
that the collection container have a water retention weight that is no 
more than 1.0 percent of that of the smallest batch of ice for which 
the container is used. For low-capacity batch type ACIMs, the weight of 
ice in each batch is significantly lower than for other higher capacity 
ACIMs. Accordingly, 1.0 percent of an individual batch represents a 
very small weight for low-capacity ACIMs. For example, one such low-
capacity ACIM has a typical batch weight of 0.087 pounds; 1.0 percent 
of that would be 0.00087 pounds, the equivalent of 0.080 teaspoons of 
water. The water retention weight of a typical very small collection 
container is approximately 0.0030 pounds. DOE was not able to identify 
collection containers that would meet this threshold for the low-
capacity ACIMs with the lowest batch weights.
    From its test sample, DOE determined that a water retention weight 
of no more than 4.0 percent would allow for testing low-capacity ACIMs 
with the lowest batch weights with a typical collection container. 
Accordingly, in the December 2021 NOPR, DOE proposed that the water 
retention requirement in section 5.5.2(a) not apply to batch type low-
capacity ACIMs, and instead to require a water retention weight of no 
more than 4.0 percent of the smallest batch of ice for which the 
container is used. 86 FR 72322, 72332.
    During the January 24, 2022, webinar to discuss the December 2021 
NOPR, AHRI commented that the water retention weight requirement for 
low-capacity ACIMs and DOE's test data should be considered by the 
method of test committee (e.g., ASHRAE 29). (AHRI, January 24, 2022, 
webinar to discuss the December 2021 NOPR \11\)
---------------------------------------------------------------------------

    \11\ See pages 19-20; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    DOE will consider any updated industry standards, if available, 
during future ACIM test procedure rulemakings.
    DOE is maintaining that the water retention requirement in section 
5.5.2(a) of ASHRAE Standard 29-2015 not apply to batch type low-
capacity ACIMs, and instead to require a water retention weight of no 
more than 4.0 percent of the smallest batch of ice for which the 
container is used, consistent with the December 2021 NOPR.
a. Portable ACIMs
    For portable ACIMs, DOE has determined that some provisions for 
measuring and maintaining inlet water conditions in ASHRAE Standard 29-
2015 are not appropriate: i.e., sections 5.4, 5.6, 6.2, and 6.3. These 
sections include instrument specifications, test conditions, and 
measurement instructions regarding inlet water flow, pressure, and 
temperature. These sections are not applicable to portable ACIMs 
because such equipment does not have a fixed water connection, and 
therefore the conditions in these sections would not provide 
representative conditions for portable ACIMs. Portable ACIMs instead 
require that the fill reservoir be manually filled with a maximum 
volume of water that is recommended by the manufacturer.
    To determine typical operation and the corresponding need for 
additional test procedure instructions regarding the water supply for 
portable ACIMs, DOE conducted tests on portable ACIMs according to the 
requirements of AHRI Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE 
Standard 29-2015, except for sections 5.4, 5.6, 6.2, and 6.3 of ASHRAE 
Standard 29-2015. From this testing, DOE has determined that additional 
instructions are needed regarding supply water characteristics and 
filling the water reservoirs in portable ACIMs.
    Section 5.2.1 of AHRI Standard 810 (I-P)-2016 with Addendum 1 
specifies an inlet water temperature of 70.0 [deg]F for ACIM testing. 
Because portable ACIMs do not have a continuous water supply, the water 
filled in the water reservoir is not maintained at a constant 
temperature; the temperature may change after the initial fill based on 
heat transfer with the ambient air and the other components of the 
ACIM. Accordingly, DOE has determined that specifying only the initial 
fill temperature of the water supplied to the reservoir is most 
representative of typical use. In the December 2021 NOPR, DOE proposed 
to establish the initial water temperature in a separate external 
container before transferring the water to the water reservoir. 86 FR 
72322, 72332. In DOE's experience, using an external container to 
establish and verify the initial water temperature is significantly 
less burdensome than measuring and adjusting the water temperature 
within the water reservoir itself. Therefore, in the December 2021 
NOPR, DOE proposed that the initial water temperature condition be 
established in an external container and verified by inserting a 
temperature sensor into approximately the geometric center of the water 
in the external container. 86 FR 72322, 72332. The initial water 
temperature would be defined as 70 [deg]F  1.0 [deg]F, 
consistent with the condition as specified in section 5.2.1 of AHRI 
Standard 810 (I-P)-2016 with Addendum 1 and the tolerance as

[[Page 65868]]

specified in section 6.2 of ASHRAE Standard 29-2015. Id.
    Portable ACIM users may have an option of filling the reservoirs to 
varying levels. To determine the appropriate fill level for testing, 
DOE reviewed operating instructions for portable ACIMs available from a 
range of manufacturers. DOE observed that the operating instructions 
typically instruct the user to fill to the maximum specified level, or 
to any level up to the maximum. To ensure repeatable and reproducible 
test results, DOE determined that filling the water reservoir to the 
maximum volume of water as specified by the manufacturer is 
representative of typical use. In addition, specifying a consistent 
fill level for testing at the maximum fill level would limit 
variability associated with reservoir water temperature and would 
ensure the portable ACIM has sufficient water to conduct the test.
    In summary, in the December 2021 NOPR, DOE proposed that portable 
ACIMs be subject to the test procedure as proposed in the NOPR, except 
that sections 5.4, 5.6, 6.2, and 6.3 of ASHRAE Standard 29-2015 would 
not apply. 86 FR 72322, 72332. DOE proposed to provide the following 
additional test instructions necessary for testing portable ACIMs: 
ensure that the ice storage bin is empty; fill an external container 
with water; establish a water temperature in the external container 
that is consistent with the requirements of section 5.2.1 of AHRI 
Standard 810 (I-P)-2016 with Addendum 1 and the tolerance specified in 
section 6.2 of ASHRAE Standard 29-2015 (i.e., 70 [deg]F  
1.0 [deg]F); verify the water temperature in the external container by 
inserting a temperature sensor into approximately the geometric center 
of the water; after establishing water temperature, immediately 
transfer the water to the portable ACIM reservoir and fill the 
reservoir to the maximum level as specified by the manufacturer. Id.
    DOE also determined that additional instructions are needed for 
portable ACIMs to meet the requirements of section 6.6 of ASHRAE 
Standard 29-2015, which requires that ``bins shall be used when testing 
and shall be filled one-half full with ice.'' Because section 6.6 of 
ASHRAE Standard 29-2015 does not specify how the bin would be filled 
with ice, a laboratory may fill the ice storage bin one-half full of 
externally produced ice (i.e., ice that was made by a separate ACIM), 
for example to avoid waiting for the unit under test to produce enough 
ice to fill the bin one-half full prior to initiating the start of the 
test. Using externally produced ice does not directly affect the 
performance of a non-portable ACIM because the conditions within the 
ice storage bin do not have a direct impact on the incoming potable 
water temperature.
    In contrast, the conditions within the ice storage bin of a 
portable ACIM do directly impact performance because portable ACIMs 
typically recycle the melt water (at 32 degrees) from the internal ice 
storage bin and combine it with water from the reservoir (initially at 
70 degrees) to make additional ice. Accordingly, any externally 
produced ice introduced to a portable ACIM to fill the bin one-half 
full prior to testing could affect the performance of the system during 
the test when compared to the tested performance using ice produced by 
the portable ACIM under test.
    To limit test variability that could occur due to the introduction 
of externally produced ice, in the December 2021 NOPR DOE proposed that 
for portable ACIMs, the ice storage bin must be empty prior to the 
initial water fill, and the unit under test must be operated to produce 
ice into the ice storage bin until the bin is one-half full (i.e., 
precluding the use of externally produced ice to fill the bin one-half 
full prior to testing). 86 FR 72322, 72333. DOE proposed to define one-
half full as half of the vertical dimension of the storage bin, based 
on the maximum possible fill level. Id. Once the ice storage bin is 
one-half full of ice, testing would proceed according to section 7 of 
ASHRAE Standard 29-2015, consistent with non-portable ACIM testing. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal 
regarding reservoir water and ice storage bin instructions for portable 
ACIMs. 86 FR 72322, 72332-72333.
    Hoshizaki agreed with the proposal if the portable units have a way 
to collect the ice in a way not to confuse the ice made in each cycle 
from the \1/2\ full bin. (Hoshizaki, No. 14, p. 2-3) Hoshizaki and AHRI 
requested that this be brought to the ASHRAE 29 standard committee for 
consideration. (Hoshizaki, No. 14, p. 2-3; AHRI, No. 13, p. 3)
    AHRI commented that consistency and repeatability are of utmost 
importance to ensure that all manufacturers and testing bodies address 
these provisions in a constant manner. (AHRI, No. 14, p. 3)
    AHAM commented that the 70 [deg]F  1.0 [deg]F tolerance 
requirement for the initial water temperature is unnecessarily tight 
for low-capacity ACIMs, including portable ACIMs, which adds 
unnecessary test burden. (AHAM, No. 18, p. 10-11) AHAM commented that 
the test procedure should specify that the water should be stirred to 
eliminate gradients that would naturally occur because some models 
recirculate melt water to the reservoir and that, for all low-capacity 
ACIMs, the temperature of the inlet water will vary throughout the 
entire test with little effect on the ultimate result. Id.
    AHAM commented that the DOE's proposed test procedure for portable 
ACIMs does not specify that the bin should be emptied and dried out 
before the first 15-minute run, which AHAM suggests may be implicit in 
the proposed test procedure but should be stated clearly. (AHAM, No. 
18, p. 12)
    DOE notes that, in the December 2021 NOPR, DOE proposed that the 
ice storage bin is empty prior to the initial potable water reservoir 
fill and that the initial water temperature of 70 [deg]F  
1.0 [deg]F for testing portable ACIMs is only required to be verified 
in an external container immediately before filling the portable ACIM 
water reservoir. 86 FR 72322, 72332-72333.
    DOE testing has shown that portable ACIMs are able to have ice 
collected in a similar manner to non-portable ACIMs which distinguish 
the ice made in each cycle from the ice already present in the ice 
storage bin. DOE has additionally determined that the additional 
provisions regarding reservoir water fill are necessary to allow for 
testing of portable ACIMs.
    DOE is maintaining the test requirements as proposed in the 
December 2021 NOPR for portable ACIMs in this final rule.
b. Refrigerated Storage ACIMs
    DOE has determined that refrigerated storage ACIMs can be tested 
according to the current DOE ACIM test procedure as well as AHRI 
Standard 810 (I-P)-2016 with Addendum 1 and ASHRAE Standard 29-2015. 
DOE investigated whether additional specification was necessary to 
ensure that these test methods would provide representative and 
repeatable results for refrigerated storage ACIMs and would not be 
unduly burdensome to conduct.
    DOE identified two aspects of refrigerated storage ACIM testing 
that may need further specification to limit variability: door openings 
for refrigerated storage ACIMs and refrigeration set point controls.
    Door opening durations may affect the measured performance of 
refrigerated storage ACIMs more than non-refrigerated storage ACIMs 
because the refrigeration system provides cooling for the entire self-
contained storage bin rather than only for the ice making evaporator. 
Thus, when opening the storage container door to collect ice from 
refrigerated storage ACIMs, some

[[Page 65869]]

portion of cold air from the storage container will likely be replaced 
by higher temperature ambient air. Both the duration and the extent of 
the door opening can contribute to this air exchange within the storage 
container. Therefore, specifying the duration and the extent of the 
door opening would limit variability from test to test, thus promoting 
repeatable and reproducible test results.
    From investigative testing, DOE has determined that the process of 
opening the bin door, carefully removing or replacing the ice 
collection container, and closing the door can be readily performed in 
under 10 seconds. Therefore, in the December 2021 NOPR, DOE proposed 
that for refrigerated storage ACIMs, any storage bin door openings 
shall be conducted with the door in the fully open position for 10 
 1 seconds. 86 FR 72322, 72333. DOE proposed to specify 
that ``fully open'' means opened to an angle of not less than 75 
degrees (or to the maximum angle possible, if that is less than 75 
degrees), which is consistent with the definition for fully open in 
ANSI/ASHRAE Standard 72-2018, ``Method of Testing Open and Closed 
Commercial Refrigerators and Freezers.'' Id. To ensure a consistent 
number of door openings, DOE also proposed to specify that door 
openings would occur only when collecting the ice sample and when 
returning the empty collection container to the ice storage compartment 
(i.e., two separate door openings per sample collection). Id.
    Refrigeration set point controls may also affect the measured 
performance of refrigerated storage ACIMs, if the controls can be 
adjusted by the user to maintain different storage compartment 
temperatures. DOE investigated whether refrigerated storage ACIMs allow 
the user to adjust the refrigeration set point of the ACIM and if so, 
how. DOE reviewed user manuals for several refrigerated storage ACIMs 
and found that the models either do not allow the user to adjust the 
refrigeration set point, or have a factory preset temperature control 
that can be adjusted by the user, but not in an easily accessible 
manner (e.g., temperature control screws adjustable only with a 
screwdriver or accessible behind grilles). The ability to adjust the 
refrigeration set point on some refrigerated storage ACIMs does not 
appear to be a setting that users would typically adjust and is likely 
used only for troubleshooting. Based on this information, DOE proposed 
in the December 2021 NOPR that the refrigeration set point for testing 
a refrigerated storage ACIM be consistent with section 4.1.4 of AHRI 
Standard 810 (I-P)-2016 with Addendum 1 (i.e., per the manufacturer's 
written instructions with no adjustment prior to or during the test). 
86 FR 72322, 72333.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
test refrigerated storage ACIMs consistent with AHRI Standard 810 (I-
P)-2016 with Addendum 1, with the specified proposed door opening 
duration and frequency. 86 FR 72322, 72333. DOE requested comment on 
whether a specific refrigeration set point or internal air temperature 
should be specified instead of the manufacturer's factory preset. Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI both 
requested DOE clarify refrigerated storage ACIMs and share examples 
before feedback can be given. (Hoshizaki, No. 14, p. 3; AHRI, No. 13, 
p. 4)
    AHRI commented that ASHRAE 29 does not cover products installed in 
residential refrigerators or freezers, and if these are the type of 
systems being referred to as self-contained refrigerated storage ACIMs, 
the scope of both ASHRAE 29 and the DOE rulemaking would need to be 
expanded to cover such equipment. (AHRI, No. 13, p. 4) AHRI suggested 
that DOE clarify the equipment type and bring this issue to ASHRAE SPC 
29 for consideration. Id. AHAM commented that DOE's proposed test 
procedure draws heavily from AHRI Standard 810 (I-P)-2016 with Addendum 
1 and ASHRAE Standard 29-2015 that were not developed with residential 
products in mind. (AHAM, No. 18, p. 9)
    DOE is not referring to products installed in residential 
refrigerators or freezers in this Final rule. Refrigerated storage 
ACIMs are explicitly excluded from the freezer definition at 10 CFR 
430.2 and differ from the refrigerator-freezer definition at 10 CFR 
430.2 because refrigerated storage ACIMs only produce and store ice in 
a single compartment. Section III.B.1 provides further clarity and an 
example of refrigerated storage ACIMs.
    Because DOE did not receive any comments regarding the refrigerated 
storage ACIM proposals, DOE is maintaining the test requirements as 
proposed in the December 2021 NOPR for refrigerated storage ACIMs in 
this final rule.
2. Stability Criteria
    The current DOE test procedure, through reference to section 7.1.1 
of ASHRAE Standard 29-2009, defines ACIM stability based on the harvest 
rate. Specifically, continuous type ice makers shall be considered 
stabilized when the weights of three consecutive 14.4-minute samples 
taken within a 1.5-hour period do not vary by more than 2 
percent. Batch type ice makers are considered stable when the weights 
from the samples from two consecutive cycles do not vary by more than 
2 percent.
a. Capacity Test Cycles or Samples
    Section 7.1.1 of ASHRAE Standard 29-2015 revised the stabilization 
criteria to consider continuous type ice makers stable when the weights 
of two consecutive 15.0 minute  2.5 seconds samples do not 
vary by more than the greater of 2 percent, or 0.055 
pounds. Section 7.1.1. of ASHRAE Standard 29-2015 specifies that batch 
type ice makers are considered stable when the 24-hour calculated ice 
production rate from samples taken from two consecutive cycles do not 
vary by the greater of 2 percent or 2.2 pounds. Compared to 
the 2009 version, ASHRAE Standard 29-2015 added absolute stability 
criteria of 0.055 lb/15 minutes for continuous equipment and 2.2 lb/24 
h for batch equipment.
    In addition, ASHRAE Standard 29-2009 states that the unit must be 
stable before the capacity tests are started. This provision was 
changed in ASHRAE Standard 29-2015, which instead states that the ice 
maker must be stable for capacity test data to be valid. In 
application, the stability provision in ASHRAE Standard 29-2009 means 
that any cycle or sample after the stability criteria is met is valid 
to be used for the capacity test. DOE notes that the applicability of 
the stability criteria in ASHRAE Standard 29-2015 could be understood 
in one of two ways: (1) Unchanged from ASHRAE Standard 29-2009, meaning 
that any cycle or sample after the stability criteria are met is valid 
to be used for the capacity test; or (2) the ice production rate for 
each cycle used for the capacity test relative to any other cycle or 
sample used for the capacity test must be within the greater of 2 percent and 2.2 lb/24 h for batch type ice makers, and each 
sample used for the capacity test must be within the greater of 2 percent and 0.055 lb/15 mins for continuous ice makers. The 
second interpretation limits potential variability compared to the 
first interpretation because it puts specific limits on the variability 
between cycles and samples to be used for the capacity tests. The 
difference in the potential interpretations of the stability provisions 
in ASHRAE Standard 29-2015 could result in variation in capacity 
ratings. Additionally, the second interpretation limits test burden by 
not requiring separate cycles for

[[Page 65870]]

meeting the stability criteria and for testing performance. Under the 
second interpretation, the same cycles are used to determine stability 
and performance. In the December 2021 NOPR, DOE proposed to expressly 
provide that the second interpretation be used for determining 
stability, such that all cycles or samples used for the capacity test 
are stable. 86 FR 72322, 72334. DOE does not expect that this proposal 
would impact ACIM performance as measured under the existing test 
procedure as it would not substantively change the cycles required for 
evaluating performance. Id.
    In the December 2021 NOPR, DOE requested comment on its 
interpretation of section 7.1.1 of ASHRAE Standard 29-2015 and proposal 
to require that all cycles or samples used for the capacity test meet 
the stability criteria. 86 FR 72322, 72334.
    Hoshizaki agreed that all cycles should meet the stability 
criteria. (Hoshizaki, No. 14, p. 3) AHRI commented that the stability 
criteria should match the requirements of ASHRAE 29. (AHRI, No. 13, p. 
4)
    AHRI commented that some units vary in performance each cycle due 
to water dump frequency by design, and DOE should ask the ASHRAE 
committee for an interpretation if DOE is concerned about ambiguity in 
ASHRAE 29. (AHRI, No. 13, p. 4)
    IOM commented that this proposal would take the stabilization 
criteria further than ASHRAE Standard 29-2009 and ASHRAE Standard 29-
2015, requiring that all cycles not differ by more than 2%. (Ice-O-
Matic, No. 11, p. 1) IOM added that a dataset with small linear growth 
(100, 102, and 104 lb/24 hr) would not be considered stabilized under 
this DOE rule, while it would be considered stabilized under ASHRAE 
Standard 29-2015. Id. IOM commented that in practice it is not uncommon 
for units which achieved stabilization under ASHRAE Standard 29-2009 to 
produce capacity test samples which vary in excess of 2 
percent. Id. IOM stated that because allowable variance during capacity 
tests is already being reduced by changing from ASHRAE 29-2009 to 
ASHRAE 29-2015, IOM finds DOE's proposal to further reduce potential 
variance excessive, and believes it has the potential to increase test 
burden on manufacturers. Id. IOM generally supported using test cycles 
to also confirm stability following the requirements for stability as 
defined in ASHRAE Standard 29-2015. (IOM, No. 11, p. 3)
    DOE has determined that clarifying the stability criteria specified 
in ASHRAE 29-2015 will produce test results that are more 
representative, repeatable, and reproducible. As indicated in the IOM 
comment, the current ASHRAE 29-2009 approach may introduce potential 
variability in test results. Additionally, reducing the number of 
cycles or samples required for the capacity test will reduce test 
burden by reducing total test time. DOE discusses test burden in 
section III.F.1 of this final rule.
    Therefore, DOE is maintaining in this final rule its interpretation 
of section 7.1.1 of ASHRAE Standard 29-2015 and requirement that all 
cycles or samples used for the capacity test meet the stability 
criteria, consistent with the December 2021 NOPR.
b. Test Sample Duration
    Section 7.1.1 of ASHRAE Standard 29-2015 added a requirement that 
the duration of each sample for continuous type ice makers be 15.0 
minutes 2.5 seconds. DOE testing indicated that removing 
the plastic pan or bucket within the tolerance of 2.5 
seconds can be difficult depending on the specific test setup (e.g., 
removing the container from the ice maker or bin without spilling ice). 
An increased tolerance would reduce burden on manufacturers to test 
continuous ice makers, while still sufficiently limiting the 
variability between samples used for the capacity test to the criteria 
proposed.
    In the December 2021 NOPR, DOE proposed to increase the tolerance 
to collect samples for continuous ice makers from 15.0 minutes  2.5 seconds to 15.0 minutes  9.0 seconds. 86 FR 
72322, 72334. Increasing the tolerance to 9.0 seconds could affect the 
weight of each sample; however, variability would not increase because 
the samples used for the capacity test would still need to meet the 
proposed stability criteria. Id. With the 9-second tolerance, the 
maximum and minimum allowable collection times would vary by 
approximately 2 percent, which is consistent with the allowable 
variation in capacity to determine stability. Id. DOE expected that 
this proposal would reduce the test burden compared to the ASHRAE 
Standard 29-2015 approach and would ensure that valid samples can be 
obtained. Id. Additionally, in the December 2021 NOPR, DOE did not 
expect that this proposal would affect measured performance as compared 
to the existing test procedure because the sample collection period as 
proposed is not substantively different from the existing test 
procedure approach. Id.
    In the December 2021 NOPR, DOE requested comment on the proposal to 
increase the tolerance for continuous ice makers to collect samples to 
15.0 minutes  9.0 seconds. 86 FR 72322, 72334.
    In response to the December 2021 NOPR, IOM commented in support of 
the proposal to increase the tolerance on sample collection for 
continuous ice makers. (Ice-O-Matic, No. 11, p. 1)
    Hoshizaki and AHRI commented that they do not agree with the 
proposed change. (Hoshizaki, No. 14, p. 3; AHRI, No. 13, p. 4) 
Hoshizaki commented such time could impact high-capacity continuous 
models and have a significant impact on capacity and energy totals, and 
AHRI added that the proposed changes could impact the output depending 
on the capacity of the unit. Id. AHRI stated that this proposal could 
change the integrity of the test and would need further evaluation 
prior to being considered. Id.
    AHRI added that the increase to 9.0 seconds would allow 
high-capacity units to potentially collect a greater sample and while 
the test was not designed to be applied to low-capacity machines, the 
impact of this proposed change could be substantially less. Id.
    Hoshizaki requests that further discussion be put through the 
ASHRAE 29 committee. (Hoshizaki, No. 14, p. 3)
    DOE has re-evaluated its proposal and determined that although a 
greater tolerance would reduce test burden on manufacturers to test 
continuous ACIMs, the collection duration tolerance in ASHRAE 29-2015 
provides a repeatable and reproducible method of test. DOE has 
determined that the specified tolerance included in ASHRAE 29-2015 
demonstrates that manufacturers can meet the specified tolerance 
without the need for an increased tolerance. Therefore, DOE is 
declining to allow for a greater collection duration tolerance than the 
tolerance specified for continuous ACIMs in ASHRAE 29-2015 (i.e., 
2.5 seconds).
c. Low-Capacity ACIM Stability Criterion
    Section 7.1.1 of ASHRAE 29-2015 includes stabilization 
requirements, which specify: (1) For continuous ACIMs, collected 
weights must not vary by more than 2 percent or 25 g (0.055 
lb), whichever is greater; or (2) for batch ACIMs, the calculated 24-
hour ice production rates must not vary by more than 2 
percent or 1 kg (2.2 lb), whichever is greater.
    Based on investigative testing conducted as part of this 
rulemaking, DOE observed that the absolute stability criteria of 2.2 
lb/24 h for batch type ice makers would not necessarily represent 
stable operation for low-capacity batch ACIMs. DOE conducted a market

[[Page 65871]]

assessment and observed batch low-capacity ACIMs with harvest rates as 
low as 7 lb/24 h. Based on this harvest rate of 7 lb/24 h, a 2.2 lb/24 
h stability criteria could result in a harvest rate variation of up to 
31 percent (i.e., 2.2 lb/24 h divided by 7 lb/24 h). Because of the 
potential high variability in the stability criteria for low-capacity 
ACIMs, DOE proposed in the December 2021 NOPR to not apply the absolute 
stability criteria specified in ASHRAE 29-2015 to the proposed test 
procedure for low-capacity ACIMs. 86 FR 72322, 72334.
    DOE also considered whether applying only the 2 percent 
stability criterion would be appropriate for low-capacity ACIMs. Due to 
the lower overall ice harvest rates, a 2 percent stability 
requirement represents much smaller weight variations for low-capacity 
ACIMs. For example, a 2 percent stability requirement for the 7 lb/24 h 
model represents a variation of 0.14 lb/24 h, which may be difficult to 
achieve for low-capacity ACIMs.
    The 2 percent stability requirement is also not 
currently applicable to the lowest capacity ACIMs currently in scope 
for the DOE test procedure (i.e., the requirement is 2 percent or 2.2 
lb/24 h, whichever is greater). Accordingly, the effective stability 
requirement for the lowest capacity ACIMs currently in scope is 
approximately 4 percent (i.e., 2.2 lb/24 h divided by 50 lb/24 h). In 
the December 2021 NOPR, DOE determined that applying this same 
percentage (i.e., 4 percent) as the low-capacity ACIM stability 
requirement would be more appropriate than applying either the 2 
percent or 2.2 lb/24 h stability requirements currently defined in 
section 7.1.1 of ASHRAE 29-2015. 86 FR 72322, 72334. DOE observed 
through testing that low-capacity ACIMs are able to achieve stability 
based on a 4 percent requirement. Id.
    Therefore, for consistency (on a percentage basis) with the ASHRAE 
29-2015 test requirements for the lowest capacity ACIMs currently in 
scope and to limit test burden, in the December 2021 NOPR, DOE proposed 
to require a 4 percent stability criterion (without an 
absolute stability criterion) for testing low-capacity ACIMs. 86 FR 
72322, 72334.
    In the December 2021 NOPR, DOE requested comment on the proposal to 
require that all cycles or samples of low-capacity ACIMs used for the 
capacity test meet a 4 percent stability criterion and not 
be subject to an absolute stability criterion. 86 FR 72322, 72334.
    In response to the December 2021 NOPR, Hoshizaki and AHRI requested 
that this proposal be brought to the ASHRAE 29 standard committee with 
supporting testing to show that this stability is necessary and 
adequate for these products since currently they are outside of the 
scope, and that ASHRAE 29 was not developed for low-capacity ACIMs. 
(Hoshizaki, No. 14, p. 3; AHRI, No. 13, p. 4-5) AHRI added that the 
units should not be allowed to bypass stability requirements currently 
in the standard simply because the method of test has not been designed 
to incorporate such units. (AHRI, No. 13, p. 4-5) AHRI commented that 
members do not currently have testing data to show that 4 percent would 
be accurate or comparable for this equipment type. Id.
    AHAM commented in support of the 4 percent stability 
criterion for low-capacity ice makers. (AHAM, No. 18, p. 11) AHAM 
stated that DOE's ACIM energy conservation standards or test procedure 
need a method to account for this planned variation such that the 
variation does not penalize manufacturers when the test procedure is 
used for enforcement purposes. Id.
    DOE observed from testing of low-capacity ACIMs to support the 
December 2021 NOPR that a 4 percent stability criterion is 
appropriate and ensures representative, repeatable, and reproducible 
measures of performance for low-capacity ACIMs. A 4 percent 
stability criterion is consistent with the absolute stability 
requirements from ASHRAE 29-2015 for the lowest capacity ACIMs 
currently in scope (i.e., 2.2 lb/24 h divided by 50 lb/24 h). A 4 percent stability criterion does not bypass any requirement 
because low-capacity ACIMs are not currently subject to the DOE test 
procedure and are not within the scope of ASHRAE 29-2009 or ASHRAE 29-
2015. DOE will consider any updated industry standards, if available, 
during future ACIM test procedure rulemakings. DOE discusses 
enforcement provisions for ACIMs in section III.E.3 of this final rule.
    DOE is maintaining in this final rule the requirement that all 
cycles or samples of low-capacity ACIMs used for the capacity test meet 
a 4 percent stability criterion and not be subject to an 
absolute stability criterion, consistent with the December 2021 NOPR.
3. Test Conditions
    The DOE test procedure specifies standard test conditions to ensure 
that test results reflect energy use during a representative average 
use cycle and are not unduly burdensome for manufacturers to perform.
    DOE discusses test conditions, including tolerances and 
instrumentation accuracies, in the following sections.
a. Relative Humidity
    Variation in the moisture content of ambient air may affect the 
energy consumption of automatic commercial ice makers. However, neither 
the current DOE test procedure, nor AHRI Standard 810 (I-P)-2016 with 
Addendum 1 or ASHRAE Standard 29-2015 include requirements to control 
for moisture content for testing. In contrast, industry test standards 
for other refrigeration equipment, such as commercial refrigerators, 
freezers and refrigerator-freezers (``CRE'') and refrigerated bottled 
or canned beverage vending machines (``BVMs''), have requirements for 
the moisture content.
    In the December 2021 NOPR, DOE presented data from three ACIMs 
tested at relative humidity levels of 35, 55, and 75 percent at the 
standard rating conditions to investigate the effect of relative 
humidity on energy use, as replicated in Table III.3. 86 FR 72322, 
72335. The results showed a wide range of impacts on energy use among 
the three tested units when relative humidity is varied. Id. Test Unit 
1 showed less than 1 percent variation in energy use among the three 
relative humidity test conditions. Id. Whereas, Test Unit 2 showed a 35 
percent difference in energy use between the 35 percent and 75 percent 
relative humidity test conditions. Id. Test Unit 3 showed a 4 percent 
difference in energy use between the 35 percent and 75 percent relative 
humidity conditions. Id. DOE stated in the December 2021 NOPR that it 
was unable to determine why Test Unit 2 showed significantly greater 
variation in performance compared to the other test units. Id. In 
summary, these results indicated that for certain ACIM models, relative 
humidity has a significant impact on measured energy use.

[[Page 65872]]



            Table III.3--Comparison of Energy Use Rates at Different Relative Humidity Test Conditions as Presented in the December 2021 NOPR
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Difference      Difference
                                                                                                                             from 35%        from 35%
                                                              35% relative   55% relative humidity  (kWh/  75% relative      relative        relative
          Test unit                        Type              humidity  (kWh/           100 lb)            humidity  (kWh/   humidity to     humidity to
                                                                 100 lb)                                      100 lb)      55% relative    75% relative
                                                                                                                           humidity  (%)   humidity  (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1                              Batch.......................            8.27  8.28.......................            8.28            +0.2            +0.2
2                              Batch.......................            8.47  10.49......................           11.47             +24             +35
3                              Continuous..................            4.27  Not Tested.................            4.43             N/A              +4
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In the December 2021 NOPR, DOE considered relative humidity test 
conditions for ACIMs by comparing the test conditions required for 
testing other types of commercial food service equipment, including 
CRE, BVMs, and refrigerated buffet and preparation tables. 86 FR 72322, 
72335. In particular, DOE compared the moisture content level 
corresponding to the combination of ambient temperature and relative 
humidity specified for these other equipment types. Id. DOE summarized 
these test condition requirements along with the proposed relative 
humidity test condition of 35 percent for ACIMs, as replicated in Table 
III.4. Id.

       Table III.4--Comparison of Relative Humidity Test Conditions as Presented in the December 2021 NOPR
----------------------------------------------------------------------------------------------------------------
                                                                                                   Corresponding
                                                     Ambient         Wet Bulb        Relative        moisture
        Equipment type           Test standard     temperature     temperature       humidity      content  (lbs
                                                    ([deg]F)         ([deg]F)        (percent)     water vapor/
                                                                                                   lbs dry air)
----------------------------------------------------------------------------------------------------------------
Commercial Refrigeration       ASHRAE 72-                  75.2  64.4...........            * 55           0.010
 Equipment.                     2005[dagger].
Refrigerated Beverage Vending  ASHRAE 32.1-                  75  No requirement.              45           0.008
 Machines.                      2010[dagger].
Refrigerated Buffet and        ASTM Standard                 86  No requirement.              35           0.009
 Preparation Tables.            F2143-2016.
Automatic Commercial Ice       Proposed........              90  No requirement.           ** 35           0.011
 Makers.
----------------------------------------------------------------------------------------------------------------
* The relative humidity for commercial refrigeration equipment is calculated from the dry bulb temperature and
  the wet bulb temperature using a pressure of 760 mm of mercury.
** Proposed test condition.
[dagger] The test conditions currently incorporated by refence in the DOE test procedures are unchanged in the
  most recent versions of the industry standards, ASHRAE 72-2018 and ASHRAE 32.1-2017.

    Based on these considerations, DOE proposed to require a relative 
humidity test condition of 35 percent for ACIM testing. 86 FR 72322, 
72335. As indicated in Table III.4, the proposed relative humidity 
condition of 35 percent, in combination with the ambient air condition 
of 90 [deg]F, would correspond to a moisture content of 0.011 lbs water 
vapor/lbs dry air. This would closely match the moisture contents 
associated with the test procedures for the other types of commercial 
food service equipment.
    In the December 2021 NOPR, DOE also investigated appropriate 
tolerances to specify for the relative humidity test condition. 86 FR 
72322, 72336. DOE considered a test condition tolerance and test 
operating tolerance on relative humidity. Id. A test condition 
tolerance is a tolerance that is calculated based on the average of all 
relative humidity measurements during each freeze cycle. Id. In 
contrast, a test operating tolerance would apply to all individual 
measurements during each cycle. Id. The industry standards referenced 
in Table III.4, ASHRAE 72-2018, ASHRAE 32.1-2017, and ASTM Standard 
F2143-2016, all require a test condition tolerance. Id. ASHRAE 72-2018 
is the only standard mentioned in Table III.4 that also requires a test 
operating tolerance. Id.
    DOE also investigated typical accuracies of relative humidity 
sensors, finding that accuracies of 2.0 percent are typical 
for relative humidity sensors. Id. Additionally, DOE noted that its 
test procedure for BVMs requires a relative humidity instrument 
accuracy of 2.0 percent for a test condition tolerance of 
5.0 percent. See section 1.1 of appendix B to subpart Q of 
10 CFR part 431. Id. Similarly, section 6.3 of ASTM Standard F2143-2016 
also requires a relative humidity instrument accuracy of 2.0 percent for a test condition tolerance of 5.0 
percent. Id.
    Based on this analysis, DOE proposed a relative humidity test 
condition tolerance of 5.0 percent. Id. DOE also proposed 
to require a relative humidity instrument accuracy of 2.0 
percent. Id.
    In summary, DOE proposed to require a relative humidity test 
condition of 35 percent. 86 FR 72322, 72335. DOE proposed that the 
relative humidity be maintained and measured at the same location used 
to confirm ambient dry bulb temperature, or as close as the test setup 
permits. 86 FR 72322, 72336. DOE proposed to add a test condition 
tolerance on the proposed relative humidity test condition of 5.0 percent. Id. DOE proposed to require a relative humidity 
instrument accuracy of 2.0 percent. Id. DOE stated in the 
December 2021 NOPR that it did not expect the proposal to affect 
measured performance of existing ACIM models. Id.
    DOE requested comment on the proposal to control relative humidity 
at

[[Page 65873]]

35  5.0 percent. 86 FR 72322, 72336. Specifically, DOE 
requested comment on the representativeness of 35 percent relative 
humidity in field use conditions, whether manufacturers currently 
control and measure relative humidity for ACIM testing (and if so, the 
conditions used for testing), and the burden associated with 
controlling relative humidity within a tolerance of 5.0 
percent. Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI commented 
that due to inherent humidity caused by ice makers in the production of 
ice, the control of relative humidity has been left out of the test 
protocols currently used (e.g., ASHRAE 29). (Hoshizaki, No. 14, p. 3; 
AHRI, No. 13, p. 5) AHRI, Joint Commenters, Hoshizaki, IOM, The Legacy 
Companies, and Manitowoc Ice commented that ACIMs respond differently 
to the humidity of ambient air than other refrigerated equipment 
because the evaporator is in a wetted setting, so units are not greatly 
affected by humidity changes during testing. (AHRI, No. 13, p. 5; Joint 
Commenters, No. 15, p. 1; Hoshizaki, No. 14, p. 3; IOM, No. 11, p. 2; 
The Legacy Companies, January 24, 2022 webinar to discuss the December 
2021 NOPR; \12\ Manitowoc Ice, January 24, 2022 webinar to discuss the 
December 2021 NOPR) \13\ AHRI and added that units are designed to 
handle these conditions and that humidity control is not necessary 
(AHRI, No. 13, p. 5; AHAM, No. 18, p. 12).
---------------------------------------------------------------------------

    \12\ See pages 30-31; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
    \13\ See pages 32-33; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    IOM and The Legacy Companies commented that they do not support the 
proposal to control humidity. (IOM, No. 11, p. 2; The Legacy Companies, 
January 24, 2022 webinar to discuss the December 2021 NOPR) \14\ Joint 
Commenters commented that ACIM test chambers typically do not control 
the relative humidity of ambient air. (Joint Commenters, No. 15, p. 1) 
IOM commented that they do not control for or measure humidity levels 
in its environmental chambers. (IOM, No. 11, p. 2) Welbilt commented 
that they do not have humidity control in their test chambers and that 
ACIM test chambers are often very specialized because of the range of 
ambient conditions that are needed to test ACIMs whereas CRE test 
chambers are typically used for testing at one or two ambient 
conditions. (Welbilt, January 24, 2022 webinar to discuss the December 
2021 NOPR) \15\
---------------------------------------------------------------------------

    \14\ See pages 30-31; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
    \15\ See pages 29-30; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    AHRI, Hoshizaki, IOM, Joint Commenters, and Manitowoc Ice commented 
that test data should be reviewed and validated to confirm the need for 
relative humidity control. (AHRI, Public Meeting Transcript, No. EERE-
2017-BT-TP-0006-0012 at p. 29; Hoshizaki, No. 14, p. 3; IOM, No. 11, p. 
2; Joint Commenters, No. 15, p. 1-2; Manitowoc Ice, January 24, 2022 
webinar to discuss the December 2021 NOPR) \16\ AHAM commented that 
DOE's testing is not sufficient to justify its proposed requirement. 
AHAM, No. 18, p. 13. Joint Commenters added that DOE should conduct 
additional relative humidity testing and if a large performance 
difference for some units is confirmed, then a relative humidity 
requirement is needed to ensure the reproducibility of the test 
procedure. (Joint Commenters, No. 15, p. 1-2)
---------------------------------------------------------------------------

    \16\ See pages 32-33; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    AHRI, Hoshizaki, IOM, Welbilt, and Joint Commenters commented that 
a relative humidity of 35 percent may be unrepresentative of the 
variety of environments housing ACIMs. (AHRI, No. 13, p. 5; Hoshizaki, 
No. 14, p. 3; IOM, No. 11, p. 2; Welbilt, January 24, 2022 webinar to 
discuss the December 2021 NOPR; \17\ Joint Commenters, No. 15, p. 2) 
IOM added that commercial kitchens may have humidity much higher than 
35 percent, front-of-house locations may be lower than 35 percent, and 
ACIMs utilizing a remote condenser may see humidity anywhere between 15 
and100 percent. (IOM, No. 11, p. 2)
---------------------------------------------------------------------------

    \17\ See pages 29-30; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    AHRI commented that the ambient temperatures would also vary 
greatly by application and such a humidity would be difficult to 
control while entering the test chamber for sample collection. (AHRI, 
No. 13, p. 5) IOM believes that a 5 percent tolerance is 
too narrow and would be difficult to control during tests. (IOM, No. 
11, p. 2) IOM suggested a 10 percent tolerance if humidity 
is controlled. Id.
    AHRI, IOM, and Welbilt asserted that the addition of humidity 
control requirements would impose undue burden to OEMs and testing 
facilities without benefiting the efficiency or testing of ACIMs. 
(AHRI, No. 13, p. 5; IOM, No. 11, p. 2; Welbilt, January 24, 2022 
webinar to discuss the December 2021 NOPR \18\) AHRI, IOM, and Welbilt 
commented that it would also be extremely costly to add humidity 
control upgrades to testing laboratories for little wielded benefit. 
Id. Hoshizaki commented that full costs should be considered in adding 
this to the test criteria along with the cost to retest all products 
that currently do not have humidity control in their test. (Hoshizaki, 
No. 14, p. 3)
---------------------------------------------------------------------------

    \18\ See pages 29-30; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    Hoshizaki requested that this be addressed in the ASHRAE 29 
standard committee for consensus. (Hoshizaki, No. 14, p. 3)
    DOE has reviewed and confirmed the validity of the test data from 
the three units presented in the December 2021 NOPR.
    DOE has also conducted further analysis of the test data from Test 
Unit 2 to further investigate that unit's significant variation in 
energy use among the different relative humidity test conditions. DOE 
notes that during the January 24, 2022 webinar to discuss the December 
2021 NOPR, True Manufacturing commented in response to a request for 
comment about the relative humidity test condition that some ACIMs that 
have poor insulation may inadvertently make ice on the back side of the 
evaporator plate or other unwanted areas, which could possibly decrease 
the harvest rate.\19\ Indeed, DOE observed for Test Unit 2 that the 75 
percent relative humidity test had additional drain water collected 
during the freeze cycles compared to the 35 percent relative humidity 
test. DOE investigated whether this additional drain water could have 
resulted from additional condensation of moisture at the higher 
relative humidity, and whether the higher energy use for Test Unit 2 at 
the 75 percent relative humidity test condition may correspond to such 
additional condensate being produced at that test condition. If so, 
this would indicate that the higher energy use was directly related to 
the relative humidity test condition.
---------------------------------------------------------------------------

    \19\ See pages 34-35; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    Based on the technical characteristics of Test Unit 2, DOE 
calculated the theoretical amount of additional energy use that would 
be required by Test Unit 2 to condense the amount of additional drain 
water measured.\20\ DOE compared

[[Page 65874]]

the resulting theoretical amount of additional energy use to the 
measured amount of additional energy use. Table III.5 shows the average 
measured drain water (in lbs) and the average measured energy use (in 
kWh) of the freeze cycles for Test Unit 2. Table III.6 shows the 
comparison of these measured values to the theoretical amount of 
additional energy use that would be required by Test Unit 2 to condense 
this amount of additional drain water, as calculated by DOE.
---------------------------------------------------------------------------

    \20\ DOE calculated the additional amount of heat removal 
required from the evaporator of Test Unit 2 to condense the same 
amount of moisture from the surrounding air that was observed in the 
additional drain water from the 75% relative humidity test. 
Subsequently, DOE calculated the additional amount of compressor, 
sump pump, and condenser fan motor energy and additional freeze 
cycle duration that would be necessary to remove this additional 
heat based on the Test Unit 2's compressor specification data at an 
assumed evaporator temperature of 15 [deg]F and condenser 
temperature of 115 [deg]F, and sump pump and condenser fan motor 
specification data with an assumed power factor of 80%.

                 Table III.5--Summary of Drain Water and Energy Use Measurements for Test Unit 2
----------------------------------------------------------------------------------------------------------------
                                                                                                    Difference
                                                                                                    between 35%
                        Cycle description                          35% relative    75% relative       and 75%
                                                                     humidity        humidity        relative
                                                                                                     humidity
----------------------------------------------------------------------------------------------------------------
Freeze cycle drain water (lbs)..................................            0.59            1.01            0.43
Freeze cycle energy use (kWh)...................................            0.21            0.32            0.11
----------------------------------------------------------------------------------------------------------------


Table III.6--Comparison of Theoretical Additional Energy Use to Measured
                  Additional Energy Use for Test Unit 2
------------------------------------------------------------------------
                                                           Theoretical
                                            Measured        energy use
                                           difference      required to
           Cycle description            between 35% and    produce 0.43
                                          75% relative        lbs of
                                            humidity        condensate
------------------------------------------------------------------------
Freeze cycle energy use (kWh).........            0.11             0.12
------------------------------------------------------------------------

    As indicated in Table III.6, DOE's calculated approach to determine 
the additional energy use required to condense the amount of additional 
drain water measured closely matched the measured approach. This 
indicates that the additional energy use at the 75 percent relative 
humidity test condition was likely due to the difference in condensed 
moisture accumulated at the 75 percent test condition, thus supporting 
that the relative humidity level during the test may have a direct 
impact on measured energy performance.
    DOE also evaluated additional test data from previous investigative 
ACIM testing to further confirm the effects of relative humidity on 
measured energy use. DOE previously tested four batch style ACIMs at 55 
and 75 percent relative humidity using the standard rating conditions 
specified in AHRI 810. Although this testing was not conducted at 35 
percent relative humidity, the test data is instructive on whether a 
difference in relative humidity affects ACIM performance. Table III.7 
summarizes the results of this previous testing.

           Table III.7--Comparison of Energy Use Rates at Different Relative Humidity Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Difference
                                                                                                     from 55%
                                                                   55% relative    75% relative      relative
            Test unit                          Type               humidity  (kWh/ humidity  (kWh/   humidity to
                                                                      100 lb)         100 lb)      75% relative
                                                                                                   humidity (%)
----------------------------------------------------------------------------------------------------------------
4                                 Batch.........................            9.45            9.30            -1.6
5                                 Batch.........................           17.47           21.58           +23.5
6                                 Batch.........................           30.33           30.56            +0.8
7                                 Batch.........................           40.46           40.49            +0.1
----------------------------------------------------------------------------------------------------------------

    These results show that for some ACIM models, a difference in 
relative humidity makes very little impact on ACIM performance, but for 
other models, a difference in relative humidity makes a significant 
impact on ACIM performance. Considering the three tested units 
presented in the December 2021 NOPR in addition to these four units, 
out of a total test sample of 7 ACIMs, relative humidity had a 
significant impact on ACIM performance for at least two ACIMs. This 
suggests that a difference in relative humidity may affect a 
substantial portion of the ACIM market.
    As summarized previously in this section, comments received in 
response to the December 2021 NOPR indicate that certain manufacturers 
do not measure relative humidity of the ambient air during testing, and 
that ACIM test chambers typically do not control the relative humidity 
of the ambient air. Commenters also generally suggested defining a 
broader tolerance as compared to the proposed tolerance of 5 percent, asserting that controlling relative humidity to within 
5 percent during testing would be difficult.
    Based on the additional analysis discussed in this final rule, 
including consideration of comments received in

[[Page 65875]]

response to the December 2021 NOPR, DOE is modifying the relative 
humidity test conditions adopted in this final rule, as compared to the 
provisions as proposed in the December 2021 NOPR, to instead specify a 
minimum threshold rather than a defined range. Specifically, this final 
rule adopts a requirement to maintain an average minimum ambient 
relative humidity of 30.0 percent throughout testing. This revised 
specification represents the minimum of the relative humidity 
tolerance, 35.0  5.0 percent, as proposed in the December 
2021 NOPR and will allow for a broader range of relative humidity 
values that will be easier to control during testing. Furthermore, DOE 
notes that its test data indicated that higher humidity levels are 
associated with higher measured energy use for certain ACIM models--
suggesting that manufacturers of such models will be incentivized to 
test with relative humidity levels as close to the minimum defined 
threshold as possible.
    See section III.F.1 of this final rule for a discussion of DOE's 
analysis of any expected costs or impacts on measured performance as a 
result of this amendment.
b. Water Hardness
    ASHRAE Standard 29-2015 and AHRI Standard 810 (I-P)-2016 with 
Addendum 1 do not specify the water hardness of the water supply used 
for testing. The United States Geological Survey (``USGS'') defines 
water hardness as the concentration of calcium carbonate in milligrams 
per liter (``mg/L'') of water and lists general guidelines for the 
classification of water hardness as 0 to 60 mg/L of calcium carbonate 
for soft water; 61 to 120 mg/L of calcium carbonate for moderately hard 
water; 121 to 180 mg/L of calcium carbonate for hard water; and more 
than 180 mg/L of calcium carbonate for very hard water.\21\ In the 
January 2012 final rule, DOE stated that harder water depresses the 
freezing temperature of water and results in increased energy use to 
produce the same quantity of ice. 77 FR 1591, 1605. DOE also stated 
that hard water (i.e., water with a higher concentration of calcium 
carbonate) can affect energy consumption in the field due to increased 
scale build up on the heat exchanger surfaces over time, and the use of 
higher water purge quantities to help flush out dissolved solids to 
limit scale build up. Id. However, DOE declined to set requirements for 
water hardness for testing because of insufficient information to allow 
proper consideration of such a requirement. 77 FR 1591, 1605-1606. 
Specifically, DOE did not have information regarding the impact of 
variation in water hardness on as-tested performance of ACIMs, and 
therefore could not justify the additional burden associated with 
establishing a standardized water hardness requirement at that time. 
Id.
---------------------------------------------------------------------------

    \21\ See www.usgs.gov/special-topic/water-science-school/science/hardness-water?qt-science_center_objects=0#qt-science_center_objectswater.usgs.gov/owq/hardness-alkalinity.html.
---------------------------------------------------------------------------

    As part of this rulemaking, DOE conducted testing to investigate 
whether changing the water hardness could affect the energy consumption 
and harvest rate of ACIMs. Testing was conducted on new models (i.e., 
with clean evaporators prior to accumulation of any significant scale). 
DOE conducted water hardness tests on three batch type ice makers and 
one continuous type ice maker.
    According to the USGS, the vast majority of water hardness in the 
United States ranges from 0 mg/L to 250 mg/L of calcium carbonate.\22\ 
Given the range of water hardness in the United States, DOE used a 
water hardness of 42 mg/L of calcium carbonate for a ``soft water'' 
test (which also represented water readily available at the test 
facility) and a water hardness of 342 mg/L of calcium carbonate for a 
``very hard water'' test (i.e., a 300 mg/L increase relative to the 
soft water test to represent an extreme comparison case). The ``soft 
water'' test at 42 mg/L of calcium carbonate was based on the water 
hardness of the potable water at the testing facility where the tests 
were conducted and therefore no additional preparation of the potable 
water was required to meet the 42 mg/L of calcium carbonate water 
hardness level. The ``very hard water'' test at 342 mg/L of calcium 
carbonate was prepared by adding calcium chloride and magnesium 
chloride hexahydrate with a mass ratio of 304:139 to the potable water 
at the testing facility to reach the water hardness level of 342 mg/L 
of calcium carbonate and the resulting mixture was recirculated for 
sixteen hours to ensure even mixing. DOE tested four ACIMs in a test 
chamber with soft and very hard water hardness at the standard rating 
conditions to investigate the effect of water hardness on harvest rate 
and energy use. The results of these tests are summarized in Table 
III.8.
---------------------------------------------------------------------------

    \22\ See www.usgs.gov/media/images/map-water-hardness-united-states.

                                   Table III.8--ACIM Performance Differences of Soft Water Compared to Very Hard Water
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Harvest rate    Harvest rate                     Energy use      Energy use
            Unit                         Type                with soft    with very hard  Difference (%)     with soft    with very hard  Difference (%)
                                                              water *         water *                         water *         water *
--------------------------------------------------------------------------------------------------------------------------------------------------------
1                             Batch.....................              95             105              11           10.49            9.43           -10.1
2                             Batch.....................             126             131               4            8.28            7.96            -3.9
3                             Batch.....................             351             359             2.3            5.73            5.64            -1.6
4                             Continuous................             562             582             3.4            4.40            4.18            -5.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    These test results show that water hardness can impact measured 
harvest rates and energy consumption rates, and that very hard water 
generally resulted in more favorable performance than soft water. DOE 
acknowledges that the observed test results show the opposite impact on 
performance than expected and discussed in the January 2012 final rule 
(i.e., that harder water would be expected to increase energy 
consumption).
    In the December 2021 NOPR, DOE proposed to require that water used 
for testing have a maximum hardness of 180 mg/L of calcium carbonate. 
86 FR 72322, 72337. DOE stated that establishing a maximum water 
hardness of 180 mg/L would ensure that ACIMs are tested with water that 
is not considered ``very hard'' according to the USGS and that the 
tested water hardness is within a range representative of water 
hardness that ACIMs are likely to experience in actual use. Id.
    In the December 2021 NOPR, DOE proposed that water hardness must be 
measured using a water hardness meter with an accuracy of 10 mg/L or taken from the most recent version of the water 
quality report that is sent by water suppliers, which is updated at 
least annually and is accessible at: ofmpub.epa.gov/apex/safewater/f?p=136:102. 86 FR 72322, 72337. DOE

[[Page 65876]]

expected that any test facilities in locations with water supply 
hardness greater than 180 mg/L would likely already incorporate water 
softening controls, and therefore this proposal is not expected to 
require updates to existing test facilities. Id. For this same reason, 
DOE did not expect that this proposal would impact rated performance 
for any ACIMs tested under the current DOE test procedure. Id.
    In the December 2021 NOPR, DOE also noted that this proposal would 
not conflict with any provisions of the industry test and rating 
standards and would provide additional specifications to ensure the 
representativeness of the results and improve the repeatability and 
reproducibility of the test results. 86 FR 72322, 72337.
    In the December 2021 NOPR, DOE requested comment on its proposal 
that water used for ACIM testing have a maximum water hardness of 180 
mg/L of calcium carbonate and on whether any test facilities would not 
have water hardness supplied within the proposed allowable range. 86 FR 
72322, 72337. DOE requested comment on whether the supply water is 
softened when testing ACIMs and, if the water is not softened, the 
burden associated with implementing controls for water hardness. 86 FR 
72322, 72337-72338. Additionally, DOE requested information on whether 
this requirement should only be applicable to potable water used to 
make ice (and not any condenser cooling water). 86 FR 72322, 72338.
    In response to the December 2021 NOPR, Hoshizaki agreed that water 
hardness would be good to investigate for the test standard. 
(Hoshizaki, No. 14, p. 4) However, Hoshizaki and AHRI requested that 
water hardness be brought to the ASHRAE 29 committee for consideration. 
(Hoshizaki, No. 14, p. 4; AHRI, No. 14, p. 5)
    Joint Commenters supported DOE's proposal to introduce a water 
hardness requirement to improve the reproducibility of the test 
procedure. (Joint Commenters, No. 15, p. 2) The Joint Commenters added 
that since the hardness of tap water varies throughout the U.S., DOE's 
proposal to establish a water hardness condition will likely increase 
the reproducibility of the test procedure, and therefore stated support 
for DOE's proposal to establish a maximum water hardness for testing of 
180 mg/L, which will exclude very hard water. Id.
    AHRI commented that different regions experience hard water that 
can consistently exceed 180 mg/L, so this issue would need to be 
evaluated across regions to ensure that undue burden is not being 
unfairly inflicted on specific areas of the country. (AHRI, No. 14, p. 
5) During the January 24, 2022 ACIM test procedure public meeting, True 
Manufacturing commented that their test facilities have potable water 
that is approximately 300 mg/L all year long.\23\
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    \23\ See page 40; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    IOM commented that although DOE's test data showed that harvest 
rate increases and energy use decreases when increasing calcium 
carbonate concentration, DOE does not provide any details on the 
characteristics of their test water besides calcium carbonate 
concentration. (IOM, No. 11, p. 2) If the ``very soft'' water was 
created by softening the ``very hard'' sample water using a salt-based 
ion-exchange water softener, the total dissolved solids (TDS) of the 
test water would remain the same, as ion-exchange systems simply 
replace calcium and magnesium with sodium chloride. Id. The act of 
softening ``very hard'' water creates a high salinity solution which 
might affect the freezing point of water, causing the diminished 
performance seen with ``very soft'' water. Id.
    IOM commented the only way to reliably supply consistent test water 
to IOM's laboratory with specifications around calcium carbonate 
concentration would be to implement reverse osmosis systems, which are 
costly to install and maintain, and consume a significant amount of 
energy during use. (IOM, No. 11, p. 2)
    IOM requested that if DOE were to implement this rule, it should 
only be applicable to the potable water used to make ice, unless DOE is 
able to demonstrate that hardness has an effect on energy consumption 
in water-cooled ACIMs. (IOM, No. 11, p. 2)
    Comments from interested parties indicated that some ACIM test 
facilities have potable water with water hardness above of 180 mg/L of 
calcium carbonate and that softening or controlling the water hardness 
would impose a burden on certain manufacturers. DOE acknowledges that 
DOE's expectation in the December 2021 NOPR that any test facilities in 
locations with water supply hardness greater than 180 mg/L would likely 
already incorporate water softening controls was incorrect and 
therefore, updates to certain existing test facilities would be needed 
to control for water hardness. Although the USGS designates water 
hardness above of 180 mg/L of calcium carbonate as very hard water, DOE 
has determined that further investigation is necessary before 
establishing a water hardness test condition and is declining to 
specify a water hardness range for ACIM testing in this final rule. DOE 
notes that because a specific water hardness range is not specified, 
all water hardness levels will be considered valid for ACIM testing.
c. Ambient Temperature Gradient
    The current ACIM test procedure incorporates by reference section 
5.1.1 of ASHRAE Standard 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 feet above the floor, or to a height of 1 foot above 
the top of the ice maker cabinet, whichever is greater, shall not 
exceed 0.5 [deg]F/foot. This language, which is consistent with the 
requirement in section 5.1.1 of ASHRAE Standard 29-2015, is consistent 
with the 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 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 feet height requirement and 
require only that the gradient be maintained to a height 1 foot higher 
than the top of the unit. 79 FR 22320, 22335.
    In the December 2021 NOPR, DOE did not propose any changes to the 
ambient temperature gradient requirements, except through an updated 
reference to ASHRAE Standard 29-2015, and requested comment on this 
approach and on whether any modifications would improve test accuracy 
or decrease test burden. 86 FR 72322, 72338.
    In response to the December 2021 NOPR, Hoshizaki commented that if 
ASHRAE 29-2015 is adopted, it supports use of the ambient temperature 
gradient requirements in that edition. (Hoshizaki, No. 14, p. 4) AHRI 
agreed with the adoption of ASHRAE Standard 29-2015 and its gradient 
requirements. (AHRI, No. 13, p. 5)
    DOE is maintaining in this final rule the existing ambient 
temperature gradient requirements, through an updated reference to 
ASHRAE Standard 29-2015.

[[Page 65877]]

d. Ambient Temperature and Water Temperature
    The current DOE 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 Standard 810 (I-P)-2016 
with Addendum 1 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 and 
supply water temperatures higher or lower than those specified in AHRI 
Standard 810.
    In the December 2021 NOPR, DOE proposed to maintain the single set 
of rating conditions currently required in the DOE test procedure. 86 
FR 72322,72338. Specifically, DOE proposed to maintain the reference to 
AHRI Standard 810, through AHRI Standard 810 (I-P)-2016 with Addendum 
1, for rating conditions because those were selected as representative, 
repeatable rating conditions of this equipment. Id. As noted, EPCA 
requires that if AHRI Standard 810 is amended, DOE must amend the test 
procedures for ACIM as necessary to be consistent with the amended AHRI 
test standard, unless DOE determines, by rule, published in the Federal 
Register and supported by clear and convincing evidence, that to do so 
would not meet the requirements for test procedures regarding 
representativeness and test burden. (42 U.S.C. 6314(7)(B)) DOE does not 
have any contrary data or information regarding the representativeness 
of the conditions specified in AHRI Standard 810 (I-P)-2016 with 
Addendum 1.
    In addition, the response of ACIM refrigeration systems to varying 
ambient conditions is different than the response of refrigeration 
systems in other refrigeration and heating, ventilation, and air-
conditioning (``HVAC'') equipment. Other refrigeration or HVAC 
equipment are typically designed to maintain conditions within a space. 
Accordingly, as ambient conditions change, the refrigeration systems 
typically cycle (or in the case of variable-speed compressors, adjust 
speed) to match the varying heat loads. In the case of ACIMs, the 
refrigeration system continuously operates while actively making ice, 
as heat is constantly removed from the water throughout the freezing 
process. As a result, introducing a second lower-temperature test 
condition would not result in part-load operation for ACIMs and would 
not additionally differentiate between units based on a part-load 
response, as is the case for other refrigeration or HVAC equipment. 
Thus, in the December 2021 NOPR, DOE tentatively determined that the 
existing test conditions provide representative, repeatable rating 
conditions for this equipment, and DOE expected that the burden of 
introducing a second test condition (which would approximately double 
test duration) would not be justified. 86 FR 72322,72339.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
maintain the existing ambient temperature and water supply temperature 
requirements. If modifications should be considered to improve test 
representativeness or decrease test burden, DOE requested supporting 
data and information. 86 FR 72322,72339.
    In response to the December 2021 NOPR, AHRI commented that the 
current 90 [deg]F ambient temperature (which includes 90 [deg]F for 
both the indoor ambient temperature and the condenser air inlet 
temperature for ACIMs with remote condensing units) and 70 [deg]F water 
inlet temperature test conditions are representative for much of the 
installed base. (AHRI, No. 13, p. 6) AHRI stated that changing the test 
point would disrupt historical data and understanding of the 
performance of the equipment, for both manufacturers and consumers. 
(Id.) Hoshizaki stated that the existing ambient temperature and water 
supply temperature requirements provide representative, repeatable 
rating conditions for this equipment. (Hoshizaki, No. 14, p. 4)
    AHAM commented that the 90 [deg]F ambient temperature is applicable 
to commercial settings but not residential settings and that any 
measured energy use at a 90 [deg]F ambient temperature is not 
representative of real-world use because most residential ice makers 
are installed in air-conditioned spaces with ambient temperature closer 
to 70 [deg]F. (AHAM, No. 18, p. 10) AHAM clarified that they are not 
suggesting that DOE lower the proposed ambient temperature because most 
of the test chambers used for residential ice maker manufacturers are 
set to 90 [deg]F because that is the test condition required for other 
refrigeration products. Id. AHAM stated that a second ambient condition 
would create undue burden through additional resource, personnel, and 
time requirements for testing. Id.
    DOE is maintaining in this final rule the existing ambient 
temperature and water supply temperature requirements.
e. Water Pressure
    As discussed in section III.C and shown in Table III.2, ASHRAE 
Standard 29-2015 now includes water pressure measurement requirements, 
whereas ASHRAE Standard 29-2009 did not address water pressure. Section 
6.3 of ASHRAE Standard 29-2015 directs that the pressure of the supply 
water be measured within 8 inches of the ACIM and that the pressure 
remains within the specified range (AHRI Standard 810-2007 and 2016 
both specify 30  3 psig water supply) during the period of 
time that water is flowing into the ACIM inlet(s).
    Certain ACIMs do not continuously draw water into the unit during 
the entire test. The portions of the test when the water inlet valve 
begins to open may result in a short, transient state when the water 
pressure falls outside of the allowable tolerance. Eliminating such 
transient periods would likely require certain laboratories to re-
configure their water supply setups. Because of this burden and the 
relatively low impact of these transient periods on water consumed 
(i.e., the transient periods are typically very short relative to the 
overall duration of water flow), in the December 2021 NOPR, DOE 
proposed to allow for water pressure to be outside of the specified 
tolerance for a short period of time when water begins flowing into the 
unit. 86 FR 72322, 72339.
    Section 2.4 of the DOE test procedure for consumer dishwashers 
addresses this same issue by requiring that the specified water 
pressure be achieved within 2 seconds of opening the water supply 
valve. 10 CFR part 430, subpart B, appendix C1. The sampling rate in 
section 5.7 of ASHRAE Standard 29-2015 requires a maximum interval 
between data samples for water pressure of no more than 5 seconds. 
Therefore, in the December 2021 NOPR, DOE proposed to clarify that 
water pressure, when water is flowing into the ice maker, must be 
within the allowable range within 5 seconds of opening the water supply 
valve. 86 FR 72322, 72339. DOE did not expect that this proposal would 
impact tested performance under the current DOE test procedure as it 
provides additional specificity regarding the existing water pressure 
requirements. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
require that water pressure when water is flowing into the ice maker be 
within the allowable range within 5 seconds of opening the water supply 
valve. 86 FR 72322, 72339.
    In response to the December 2021 NOPR, IOM supported DOE's proposal

[[Page 65878]]

to allow 5 seconds after opening the water supply valve for water 
pressure to be in the allowable range. (IOM, No. 11, p. 3) Hoshizaki 
and AHRI commented they see the benefit to having an allowable range 
for water supply pressure but requests this be addressed by the ASHRAE 
29 standard committee to ensure a consensus of the committee to change 
such requirements. (Hoshizaki, No. 14, p. 4; AHRI, No. 13, p. 6)
    AHAM commented that the maximum five second sampling rate for water 
pressure is unnecessary, impractical, burdensome, and adds difficulty 
and complexity to the test procedure. (AHAM, No. 18, p. 12) AHAM 
commented that energy measurement only needs a timestamp and Watt-hour 
reading at the beginning and end of the test and that the intermediate 
scans check for ambient and gradient temperatures which can have a 
sampling rate of 30 seconds to one minute which is similar to the test 
procedure for refrigeration products.\24\ Id. The sampling rate 
proposed in the December 2021 NOPR is consistent with the industry test 
standard requirements. DOE has determined that the industry standard 
approach is appropriate because ACIMs typically have a shorter overall 
test duration as compared to other refrigeration products, and for 
batch type ACIMs, the water fills may represent only a portion of the 
test period. Therefore, the more frequent sampling interval is 
appropriate to ensure the required water pressure is maintained 
throughout the water fill period, except for within the initial 5 
seconds after opening the water supply valve.
---------------------------------------------------------------------------

    \24\ See 10 CFR part 430, subpart B, appendices A and B.
---------------------------------------------------------------------------

    DOE is maintaining in this final rule the requirement that water 
pressure, when water is flowing into the ice maker, be within the 
allowable range within 5 seconds of opening the water supply valve, 
consistent with the December 2021 NOPR.
4. Test Setup and Equipment Configurations
    Since publication of the January 2012 final rule, DOE has issued 
two final guidance documents addressing certain aspects of the ACIM 
test procedure: prohibiting the use of temporary baffles and requiring 
use of a fixed purge water setting. As discussed in the following 
paragraphs, DOE has reviewed the guidance documents to determine 
whether they should be maintained and expressly included in the test 
procedure. In addition, in reviewing the existing DOE ACIM test 
procedure, DOE has determined that the representativeness and 
repeatability of the test procedure could be further improved through 
certain test setup and equipment configuration amendments as discussed 
in the following paragraphs.
a. Temporary Baffles
    After publication of the January 2012 final rule, DOE issued a 
guidance document on September 24, 2013, regarding the use of temporary 
baffles during testing.\25\ As described in the guidance, a 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, or, for remote condensers, 
from the condenser's air outlet to its 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 air inlet. This would reduce the 
average temperature of the air entering the inlet, which would result 
in lower energy use that would not be representative of the energy use 
of the unit as operated by the end user.
---------------------------------------------------------------------------

    \25\ See www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_baffles_faq_2013-9-24final.pdf.
---------------------------------------------------------------------------

    In the guidance document, DOE expressly stated that installing such 
temporary baffles is inconsistent with the ACIM test procedure, which 
states that the unit must be ``set up for testing according to 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.'' \26\ Therefore, DOE's final guidance 
stated that the use of 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.
---------------------------------------------------------------------------

    \26\ Section 4.1.4, ``Test Set Up,'' of AHRI Standard 810-2007 
and AHRI Standard 810 (I-P)-2016 with Addendum 1.
---------------------------------------------------------------------------

    Based on the final guidance document, DOE proposed in the December 
2021 NOPR to define the term ``baffle'' consistent with the description 
in the guidance document and to expressly prohibit the use of baffles 
when testing of ACIMs 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. 86 FR 72322, 72340. In the 
December 2021 NOPR, DOE stated the proposed approach based on 
manufacturer installation instruction is likely how an ice maker would 
be installed during use and is most representative of the energy use of 
ACIMs operated in the field. Id. DOE added that this proposal would not 
add any burden or impact measured performance compared to the existing 
test procedure, as it is consistent with how the test procedure 
currently must be performed. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
expressly provide that a baffle must not be used when testing ACIMs 
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. 86 FR 72322, 72340.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
that the unit should be installed in accordance with the manufacturer's 
installation instructions, and that baffles should only be used if 
instructed to do so in installation instructions. (Hoshizaki, No. 14, 
p. 4; AHRI, No. 13, p. 6)
    AHAM commented that DOE's proposal to expressly provide that a 
baffle must not be used when testing ACIMs 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 fails to 
account for the differences between built-in and freestanding ice 
makers (i.e., built-in products must be counter depth to be 
incorporated into kitchen designs and be flush with cabinetry). (AHAM, 
No. 18, p. 12) AHAM commented that applying the test as written may 
penalize manufacturers of built-in products, as it is not 
representative of their real-world use. Id.
    The proposal to expressly provide that a baffle must not be used 
when testing ACIMs 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 is representative because a 
baffle is permitted to be used in testing if it is integral to the ice 
maker or shipped with the ice maker and instructed to be installed in 
the manufacturer's installation instructions. Regarding other 
installation requirements, DOE provides a

[[Page 65879]]

discussion of clearances in section III.D.4.c of this final rule.
    DOE is maintaining in this final rule the requirement that a baffle 
must not be used when testing ACIMs 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, consistent 
with the December 2021 NOPR.
    The guidance document issued by DOE on September 24, 2013, also 
acknowledged that warm air discharged from an ice maker's outlet can 
affect the ambient air temperature measurement such that it fluctuates 
outside the maximum allowed 1 [deg]F or 2 
[deg]F range, and that baffles can prevent such fluctuation. Because 
temporary baffles are not permitted for use during testing, DOE stated 
in the guidance document that if the ambient air temperature 
fluctuations cannot be maintained within the required tolerances, 
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. DOE also stated that the 
shields must not block recirculation of the warm discharge air into the 
condenser or ice maker inlet.
    Based on the final guidance document, in the December 2021 NOPR, 
DOE proposed to specify in the test procedure that if the ambient air 
temperature fluctuations (and relative humidity as discussed in section 
III.D.3.a) cannot be maintained within the required tolerances, 
temperature measuring devices (and relative humidity measuring devices) 
may be shielded to limit the impact of intermittent passing of warm 
discharge air at the measurement locations. 86 FR 72322, 72340. DOE 
further proposed that if shields are used, they must not block 
recirculation of the warm discharge air into the condenser or ice maker 
inlet. Id. DOE did not expect this proposal to impact measured ACIM 
performance compared to the existing test procedure, as it is 
consistent with the existing test approach. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
specify that temperature measuring devices may be shielded to limit the 
impact of intermittent warm discharge air at the measurement locations 
and that if shields are used, they must not block recirculation of the 
warm discharge air into the condenser or ice maker air inlet. 86 FR 
72322, 72340.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
with DOE's proposal to specify that temperature measuring devices may 
be shielded to limit the impact of intermittent warm discharge air at 
the measurement locations. (Hoshizaki, No. 14, p. 4; AHRI, No. 13, p. 
6) However, Hoshizaki requested that this be addressed in the ASHRAE 29 
standard committee. (Hoshizaki, No. 14, p. 4)
    DOE is maintaining in this final rule the requirement that 
temperature and relative humidity measuring devices may be shielded to 
limit the impact of intermittent warm discharge air at the measurement 
locations and that if shields are used, they must not block 
recirculation of the warm discharge air into the condenser or ice maker 
air inlet, consistent with the December 2021 NOPR.
    In the December 2021 NOPR, DOE also requested comment on whether 
any ACIM models discharge air such that the temperature and relative 
humidity measuring devices would be unable to maintain the required 
ambient air temperature or relative humidity tolerances even with the 
measuring devices shielded. 86 FR 72322, 72340. If so, DOE requested 
comment on whether alternate ambient air temperature and relative 
humidity measurement locations would be necessary (e.g., the ambient 
temperature measurement locations for water-cooled ice makers, if those 
locations are not affected by condenser discharge air) and if the 
ambient air temperature and relative humidity measured at the alternate 
locations should be within the same tolerances as would otherwise be 
required. Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI commented 
that they are not aware of a need for alternate ambient temperature 
locations. (Hoshizaki, No. 14, p. 4; AHRI, No. 13, p. 6)
    Based on comments from interested parties that alternate ambient 
air temperature and relative humidity measurement locations are not 
necessary, DOE is maintaining the current ambient measurement locations 
for ACIM testing in this final rule, except as discussed in section 
III.D.4.d.
b. Purge Settings
    Purge water refers to water that is introduced into the ice maker 
during an ice-making cycle 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 levels of water 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.
    Because purge water is cooled by the ice maker, allowing a 
different purge water quantity will result in a different measured 
energy use. To ensure representative and consistent 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 that 
is described in the written instructions shipped with the unit as being 
appropriate for water of normal, typical, or average hardness.\27\ DOE 
further stated that the automatic purge setting should not be used for 
testing.
---------------------------------------------------------------------------

    \27\ See www1.eere.energy.gov/buildings/appliance_standards/pdfs/acim_purge_faq_2013-9-25final.pdf.
---------------------------------------------------------------------------

    Consistent with DOE's existing guidance, in the December 2021 NOPR, 
DOE proposed that ice makers with automatic purge water control must be 
tested using a fixed purge water setting that is described in the 
manufacturer's written instructions shipped with the unit as being 
appropriate for water of normal, typical, or average hardness. 86 FR 
72322, 72341. Such a control setting is likely to reflect the most 
typical ACIM installation and operation. Any other automatic purge 
controls (i.e., those without any user-controllable settings) would 
operate as they would during normal use. Additionally, while ACIMs may 
be installed and set up by service technicians based on the 
installation location, such setup is not appropriate for testing 
because it may introduce variability in test settings based on the test 
facility location. Consistent with DOE's existing guidance, DOE also 
proposed that purge water settings described in the instructions as 
suitable for use only with water that has higher or lower than normal 
hardness (such as distilled water or reverse osmosis water) must not be 
used for testing. Id.
    DOE stated that this proposal would not conflict with any of the 
setup or installation requirements in AHRI Standard 810 (I-P)-2016 with 
Addendum 1. 86 FR 72322, 72341. Additionally, this proposal would not 
add burden to manufacturers or impact ACIM performance as measured 
under the existing test procedure, as it would codify the final 
guidance document issued on September 25, 2013,

[[Page 65880]]

specifying use of a fixed purge setting. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
require ACIMs with automatic purge water control to be tested using a 
fixed purge water setting that is described in the manufacturer's 
written instructions shipped with the unit as being appropriate for 
water of normal, typical, or average hardness. 86 FR 72322, 72342.
    In response to the December 2021 NOPR, Hoshizaki and AHRI requested 
that units be tested per normal operating instructions in accordance 
with manufacturer installation instructions. (Hoshizaki, No. 14, p. 5; 
AHRI, No. 13, p. 7)
    DOE is maintaining in this final rule the requirement that ACIMs 
with automatic purge water control be tested using a fixed purge water 
setting that is described in the manufacturer's written instructions 
shipped with the unit as being appropriate for water of normal, 
typical, or average hardness, consistent with the December 2021 NOPR.
    In support of the December 2021 NOPR, DOE conducted testing to 
investigate the energy and water consumption associated with flush or 
purge cycles. 86 FR 72322, 72341. DOE testing of a batch ACIM showed 
that the purge occurred once every 5 hours under the default setting 
and coincided with the start of a harvest, resulting in no separate 
purge cycle. Id. Table III.9 summarizes how a purge cycle contributes 
to the energy and water consumption of a continuous ACIM. Id. Table 
III.10 presents DOE's estimates of the test durations under the 
existing test approach and under an approach that would account for 
purge operation. Id.

            Table III.9--Summary of Energy & Water Consumption of a Continuous ACIM With Purge Cycle
----------------------------------------------------------------------------------------------------------------
                                                                                      Energy
                              Mode                                Average  power    consumption   Average  water
                                                                     draw  (W)         (kWh)       usage  (lbs)
----------------------------------------------------------------------------------------------------------------
Ice Production..................................................             936           11.23           * 275
Purge (every 12 hours by default)...............................              35            0.01             2.0
Recovery after Purge............................................           1,062            0.08             N/A
----------------------------------------------------------------------------------------------------------------
* This number represents the harvest weight during the associated operating period. The total amount of water
  used may be higher.
N/A: The water used during the recovery after purge does not differ from normal ice production.


            Table III.10--Summary of Estimated Test Durations With and Without Including Purge Cycles
----------------------------------------------------------------------------------------------------------------
                                                                         Duration (hours)
                                                 ---------------------------------------------------------------
                                                   Existing ice   Existing  test        Ice
                    Test unit                       production         total        production      Test total
                                                  test  (without     (without       test  (with    (with purge)
                                                      purge)          purge)          purge)
----------------------------------------------------------------------------------------------------------------
Continuous......................................               2               8            12.5            18.5
Batch...........................................               2               8             5.5            11.5
----------------------------------------------------------------------------------------------------------------

    DOE observed that purge cycles for both batch and continuous ACIMs 
did not significantly contribute to the energy consumption over a 
period of normal operation.
    Accounting for purge cycle operation would require extending the 
test period to capture both stable ice production and normal purge 
operation.
    The energy and water consumption during the flush or purge cycles 
are very small relative to the energy and water consumed during normal 
ice production, and the additional test burden associated with 
measuring purge events would be a significant increase in test burden. 
Therefore, in the December 2021 NOPR, DOE did not propose to address 
flush or purge cycles in its test procedure. 86 FR 72322, 72342.
    In the December 2021 NOPR, DOE requested comment on its initial 
determination to not directly account for energy or water used during 
intermittent flush or purge cycles. 86 FR 72322, 72342. DOE also 
requested data regarding the energy and water use impacts of purge 
cycles. Id.
    In response to the December 2021 NOPR, Hoshizaki agreed with DOE 
that the test should not be changed to account for intermittent flush 
or purge cycles. (Hoshizaki, No. 14, p. 5) Hoshizaki added that 
accounting for purge cycles would require a significant increase in 
total test time, resulting in significant increase in test burden with 
only a small amount of energy and water contribution. (Hoshizaki, No. 
14, p. 5) During the January 24, 2022 ACIM test procedure public 
meeting, Hoshizaki stated that for continuous ACIMs, a normal purge 
cycle contains less than five ounces of water and occurs once every 12 
hours.\28\
---------------------------------------------------------------------------

    \28\ See page 47; www.regulations.gov/document/EERE-2017-BT-TP-0006-0012.
---------------------------------------------------------------------------

    Joint Commenters stated that DOE may have underestimated the 
frequency of purge cycles, citing the DOE's test of a batch type ACIM 
with a default purge setting of a purge every 5 hours (coinciding with 
the start of a harvest, resulting in no separate purge cycle). (Joint 
Commenters, No. 15, p. 2) However, Joint Commenters added that for 
batch type ACIMs, the purge water setting used in the field may differ 
from that in the manufacturer's instructions or default settings and 
may be set such that a separate purge cycle occurs as frequently as 
every batch cycle. Id. Joint Commenters encouraged DOE to investigate 
how the purge cycle settings in field installations may differ from the 
manufacturer default settings for ACIMs and to consider capturing the 
purge cycle energy in the test procedures. Id.
    DOE is not aware of and did not receive any data to indicate how 
purge water settings used in the field may differ from that in the 
manufacturer's instructions or default settings. However, if a default 
purge setting was as frequent as every batch cycle, purges would be 
accounted for in the amended ACIM test procedure because the batches 
would likely be consistent even with the purge occurring every cycle 
and therefore the batches would meet the stability criteria as amended 
in this final rule.
    DOE is maintaining in this final rule its determination to not 
directly account for energy or water used during intermittent flush or 
purge cycles, consistent with the December 2021 NOPR.

[[Page 65881]]

c. Clearances
    As discussed in section III.C and shown in Table III.2, the 
clearance requirements around a unit under test changed between ASHRAE 
Standard 29-2009 and ASHRAE Standard 29-2015. The current DOE test 
procedure, through reference to section 6.4 of ASHRAE Standard 29-2009, 
requires a clearance of 18 inches on all four sides of the test unit, 
while section 6.5 of ASHRAE Standard 29-2015 requires a minimum 
clearance of 3 feet to adjacent test chamber walls, or the minimum 
clearance specified by the manufacturer, whichever is greater.
    In response to the March 2019 RFI, Howe Corporation (``Howe'') 
commented that it is reasonable for customers to expect units to 
perform at their ratings when using the minimum clearances as described 
in the manufacturer literature. Howe recommended that DOE require a 
clearance of 3 feet, or the minimum clearance allowed by the 
manufacturer, whichever is less, to better represent an average use 
cycle. Howe also commented that this clearance should include all 
machine clearances, not just walls within the test chamber, and that a 
minimum clearance enclosure be built for testing ACIMs based on the 
harshest manufacturer-recommended operating installation, without 
blocking an intake air path to the ice maker. Howe also commented that 
this setup would not be a large test burden as many manufacturers test 
units of similar size, and the enclosures could be used over multiple 
tests. (Howe, No. 6 at p. 4)
    In support of the December 2021 NOPR, DOE conducted testing to 
assess how different clearance requirements could affect the measured 
energy consumption and harvest rate of ACIMs. 86 FR 72322, 72342. DOE 
investigated the performance of ACIMs under four clearance setups: (1) 
the clearance required by ASHRAE Standard 29-2015, (2) the clearance 
required by the current DOE test procedure (through reference to ASHRAE 
Standard 29-2009), (3) all minimum clearances as recommend by the 
manufacturer, and (4) the rear minimum clearance as recommend by the 
manufacturer with all other clearances per ASHRAE Standard 29-2015. Id. 
Table III.11 summarizes how four test units performed under the four 
clearance setups. Id.

                          Table III.11--Summary of Clearance Impact on ACIM Performance
----------------------------------------------------------------------------------------------------------------
                                                                                                     Change in
                                                                     Change in        Energy          energy
                                                   Harvest rate    harvest rate     consumption     consumption
        Test unit             Clearance setup      (lbs of  ice/   (from ASHRAE    (kWh/100 lbs    (from ASHRAE
                                                      24hrs)       standard 29-       of ice)      standard 29-
                                                                       2015)                           2015)
----------------------------------------------------------------------------------------------------------------
1                         ASHRAE Standard 29-                573             N/A            4.93             N/A
                           2015.
                          Current DOE Test                   575              0%            4.97              1%
                           Procedure.
                          Minimum Clearances....             548             -4%            5.25              6%
                          Minimum Rear Clearance             576              1%            4.94              0%
2                         ASHRAE Standard 29-                814             N/A            4.46             N/A
                           2015.
                          Current DOE Test                   815              0%            4.48              0%
                           Procedure.
                          Minimum Clearances....             794             -2%            4.59              3%
                          Minimum Rear Clearance             820              1%           -4.41              1%
3                         ASHRAE Standard 29-              1,164             N/A            4.41             N/A
                           2015.
                          Current DOE Test                 1,164              0%            4.46              1%
                           Procedure.
                          Minimum Clearances....           1,043            -10%            5.14             17%
                          Minimum Rear Clearance           1,149             -1%            4.44              1%
4                         ASHRAE Standard 29-              1,197             N/A            5.40             N/A
                           2015.
                          Current DOE Test                 1,195              0%            5.43              1%
                           Procedure.
                          Minimum Clearances....           1,105             -8%            6.04             12%
                          Minimum Rear Clearance           1,197              0%            5.39              0%
----------------------------------------------------------------------------------------------------------------

    The tests indicate that the different clearance requirements, 
except for the installation with all minimum clearances, have little to 
no impact on the measured performance of ACIMs. Id. The impact observed 
from the minimum clearance test is likely due to the exhaust air being 
directed through the test enclosure (i.e., the minimum clearances on 
the sides, back, and top of the ACIM resulted in an enclosure guiding 
condenser exhaust air) back to the front air inlet on the ACIM, which 
results in the ACIM drawing in warmer air than under the three other 
setup configurations. Id. As described in section III.D.4.a, testing 
with a temporary baffle to prevent such air flow is not appropriate, so 
the condenser exhaust re-circulated during this investigative testing. 
Id.
    Based on these test results, an installation configuration that 
provides only the minimum manufacturer test clearances for all sides 
represents a worst-case installation for ACIM performance. Id. While 
manufacturers might provide minimum clearances for all sides of a unit, 
the expectation may be that units are installed such that one or more 
of the sides has clearance exceeding the manufacturer minimum. Id.
    Similarly, a minimum clearance of 3 feet to adjacent test chamber 
walls or a clearance of 18 inches on all four sides (as required by 
ASHRAE Standard 29-2015 and the current DOE test procedure, 
respectively) may also not be a typical ACIM installation. Id. Because 
ACIMs are typically installed in commercial food service applications 
with space constraints, such as commercial kitchens, end users likely 
install their ACIMs against at least a rear wall using the manufacturer 
minimum clearance to maximize available working space. Id. Based on the 
test data in Table III.10, testing according to the manufacturer-
specified minimum rear clearance has little to no measured impact on 
ACIM performance for the four test units. Id. However, because ACIMs 
may exhaust condenser air from the rear of the unit, an inappropriate 
manufacturer minimum rear clearance (or lack of manufacturer 
instructions regarding rear clearance) could adversely affect ACIM 
performance while being representative of typical use, and should be 
captured in the tested performance. Id.

[[Page 65882]]

    Therefore, in the December 2021 NOPR, DOE proposed that ACIMs be 
tested according to the manufacturer's specified minimum rear clearance 
requirements, or 3 feet from the rear of the ACIM, whichever is less. 
86 FR 72322, 72343. DOE proposed testing be conducted with a minimum 
clearance of 3 feet or the minimum clearance specified by the 
manufacturer, whichever is greater, on all other sides of the ACIM and 
all sides of the remote condenser, if applicable. Id. As discussed, and 
shown in the DOE test data, the impact of this proposed change on 
measured energy use for currently certified ACIMs would likely be de 
minimis. Id. DOE expected manufacturer installation instructions would 
typically provide for clearances that would ensure sufficient air flow 
to avoid any adverse impacts on ACIM performance under the proposed 
test setup. Id.
    In the December 2021 NOPR, DOE did not propose specific 
requirements for the wall used to maintain the rear clearance when 
conducting the test. 86 FR 72322, 72343. Test laboratories would be 
able to satisfy the clearance requirements in any way they choose, as 
long as the test installation meets the proposed requirements. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
require that ACIMs be tested according to the manufacturer's specified 
minimum rear clearance requirements, or 3 feet from the rear of the 
ACIM, whichever is less, and that all other sides of the ACIM and all 
sides of the remote condenser, if applicable, shall be tested with a 
minimum clearance of 3 feet or the minimum clearance specified by the 
manufacturer, whichever is greater. 86 FR 72322, 72343. DOE also 
requested comment on whether this proposal would affect measured energy 
use and harvest rate compared to the existing DOE test procedure. Id.
    In response to the December 2021 NOPR, Hoshizaki requested that 
this be explored in the ASHRAE 29 standard committee to clarify any 
changes to the current test specifications. (Hoshizaki, No. 14, p. 5) 
IOM did not support this proposal to change clearance requirements. 
(IOM, No. 11, p. 3)
    AHRI commented that depending on the condenser location and air 
discharge, changes to the clearance requirements could impact 
performance of the unit. (AHRI, No. 13, p. 7) IOM commented that 
reducing the rear minimum clearance will very likely increase measured 
energy use and decrease measured harvest rate. (IOM, No. 11, p. 3) IOM 
added that minimum clearances are established to provide guidelines for 
installation from a product safety standpoint, not a performance 
standpoint, and it is well understood in the industry that increasing 
clearance around the unit will result in improved performance and 
efficiency. Id.
    IOM commented that measuring performance and efficiency of a 
product in its worst possible installation configuration is unfair to 
manufacturers. (IOM, No. 11, p. 3) AHRI added that the requirements in 
ASHRAE Standard 29 are clear and effective regarding the clearance 
allowed and changes to these requirements could result in undue burden 
to test facilities that have already setup for ASHRAE 29 requirements. 
(AHRI, No. 13, p. 7)
    DOE notes that, in response to the March 2019 RFI, Howe commented 
that it is reasonable for customers to expect ACIMs to perform at their 
certified ratings when using the minimum clearances as described in the 
manufacturer literature. (Howe, No. 6 at p. 4) While manufacturers 
might provide minimum clearances for all sides of an ACIM, the 
expectation may be that ACIMs are installed such that one or more of 
the sides have clearances exceeding the manufacturer minimum.
    ACIMs may have different condenser locations and air discharge but 
because ACIMs are typically installed in commercial food service 
applications with space constraints, end users likely install their 
ACIMs against at least a rear wall using the manufacturer minimum 
clearance to maximize available working space and, therefore, the 
manufacturer's minimum rear clearance should be accounted for in the 
tested performance. Based on the test data in Table III.10, testing 
according to the manufacturer-specified minimum rear clearance has 
little to no measured impact on ACIM performance for the four test 
units. However, because ACIMs may exhaust condenser air from the rear 
of the unit, an inappropriate manufacturer minimum rear clearance (or 
lack of manufacturer instructions regarding rear clearance) could 
adversely affect ACIM performance while being representative of typical 
use and should be captured in the tested performance.
    DOE notes that, in the December 2021 NOPR, DOE did not propose 
specific requirements for the wall used to maintain the rear clearance, 
which is the only change from the ASHRAE 29-2015 clearance 
requirements, when conducting the test and that test facilities would 
be able to setup the clearance requirements in any way they choose, as 
long as the test installation meets the proposed requirements, in order 
to limit any potential test burden.
    DOE will consider any updated industry standards, if available, 
during future ACIM test procedure rulemakings.
    DOE is maintaining in this final rule that ACIMs be tested 
according to the manufacturer's specified minimum rear clearance 
requirements, or 3 feet from the rear of the ACIM, whichever is less, 
consistent with the December 2021 NOPR. On all other sides of the ACIM 
and all sides of the remote condenser, if applicable, testing shall be 
conducted with a minimum clearance of 3 feet or the minimum clearance 
specified by the manufacturer, whichever is greater. Test laboratories 
may satisfy the clearance requirements in any way they choose, as long 
as the test installation meets the amended requirements.
d. Ambient Temperature Measurement
    Air temperature fluctuations from the test chamber or the ACIM's 
condenser exhaust air can potentially affect an ACIM's measured energy 
consumption and harvest rate.
i. Ambient Temperature Sensors
    The current ACIM test procedure, which is based on AHRI Standard 
810-2007 and ASHRAE Standard 29-2009, does not specify whether a 
weighted or unweighted sensor is to be used to measure ambient 
temperature. A weighted sensor measures the temperature of a high 
conductivity (isothermal) mass to which it is connected. The mass slows 
equilibration of the measured temperature with the surrounding air, 
thus damping out air temperature fluctuations. This may result in a 
weighted sensor indicating that the fluctuations are within the 
required temperature test condition tolerances, whereas an unweighted 
sensor could indicate temperature extremes exceeding the required 
temperature test condition tolerances. This difference in function of 
the sensors impacts the application of the required temperature test 
condition tolerances, i.e., temperature fluctuations that fall outside 
the required tolerances may not be detected when using a weighted 
sensor, but would be detected when using an unweighted sensor.
    In support of the December 2021 NOPR, DOE conducted testing to 
evaluate the ability to meet the specified tolerances of ASHRAE 
Standard 29-2015 using both weighted and unweighted temperature 
sensors. 86 FR 72322, 72344. The temperature fluctuations recorded by 
weighted temperature sensors may be less than

[[Page 65883]]

those recorded with unweighted measurement due to damping of the 
fluctuations by the weighted thermal mass. Id. As such, weighted 
sensors may give the false impression that ambient temperature test 
condition tolerances of 2 [deg]F during the first 5 minutes 
of each freeze cycle, and not more than 1 [deg]F 
thereafter, are met during testing. Id. The measurement of ambient 
temperature using unweighted sensors provides more representative 
measures of actual instantaneous ambient temperature conditions than 
the measurement of weighted sensors. Id. DOE observed in its testing in 
support of the December 2021 NOPR that the ambient temperature was 
within the test condition tolerances specified in ASHRAE Standard 29-
2015 for all freeze cycles when using either weighted or unweighted 
sensors. Id.
    Therefore, in the December 2021 NOPR, DOE proposed to specify that 
unweighted sensors be used to make all ambient temperature 
measurements. 86 FR 72322, 72344. Based on comments received in the 
March 2019 RFI, this proposal reflects current industry practice and 
would not add any burden. Id. This proposal is consistent with AHRI 
Standard 810 (I-P)-2016 with Addendum 1 because it specifies the 
instrumentation for measuring ambient temperature, but does not 
otherwise change the existing requirements. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
specify that ambient temperature measurements be made using unweighted 
sensors. 86 FR 72322, 72344.
    In response to the December 2021 NOPR, Hoshizaki agreed with the 
proposal, but noted that if a clarification is needed that this be 
addressed by the ASHRAE 29 standard committee. (Hoshizaki, No. 14, p. 
5) AHRI commented that the testing location is currently allowed to 
designate the sensor type used, and this has not negatively impacted 
ratings or product performance and therefore should not be changed 
without further clarification of issues that it may resolve and 
discussion at the method of test level. (AHRI, No. 13, p. 7) AHRI added 
that the change to requiring unweighted sensors could incur associated 
costs without providing benefits to the test results, but if such a 
change is to be considered, it should go through the ASHRAE 29 
standards committee. Id. AHRI noted that this issue has been debated 
within other refrigeration ASHRAE committees continuously without 
conclusions being reached that unweighted sensors should be required. 
Id.
    AHAM commented that in DOE's proposed test procedure the mean of 
the ambient temperatures is more important than a momentary fluctuation 
of temperature. (AHAM, No. 18, p. 13) AHAM commented in support of 
weighted sensors because they would dampen the influence of other units 
being simultaneously tested on the ambient and gradient measurements 
and disagreed with the use of unweighted sensors because they are more 
easily influenced by changes in temperature, including those resulting 
from opening and closing the test room door. Id. AHAM stated that, 
similar to DOE's test procedure for refrigeration products, weighted 
sensors are appropriate for testing residential ice makers in order to 
compensate for the fluctuations occurring during testing. Id.
    Based on DOE's analysis indicating that the specified test 
conditions can be met with an unweighted sensor, which was presented in 
the December 2021 NOPR, DOE is maintaining in this final rule that 
ambient temperature measurements be made using unweighted sensors, 
consistent with the December 2021 NOPR.
ii. Alternative Ambient Measurement Locations
    The current DOE guidance and proposal in the December 2021 NOPR 
regarding the use of temporary baffles, as discussed in section 
III.D.4.a, illustrates that temporary baffles can reduce or prevent 
recirculation of warm air from an ACIM's condenser exhaust air to its 
air inlet. This recirculation of warm air can potentially affect an 
ACIM's measured energy consumption and harvest rate and using a 
temporary baffle for testing is unrepresentative of actual ACIM use. 
The recirculation of warm air may also affect the ability to maintain 
ambient temperature within the range specified in AHRI Standard 810 (I-
P)-2016 with Addendum 1 and relative humidity within the range proposed 
in the December 2021 NOPR. For example, if the condenser exhaust is 
warm enough and directed towards the air inlet location (and 
corresponding ambient temperature measurement), the measured ambient 
temperature may be warmer than the representative ambient temperature 
around the unit under test, even with shielding around the temperature 
sensor.
    To evaluate the extent of this potential impact on temperature, DOE 
tested, in support of the December 2021 NOPR, an ACIM which exhausted 
its warm condenser air on the side of the ACIM adjacent to the side 
with the air intake. 86 FR 72322, 72344. Three ambient thermocouples 
were placed 1 foot from the geometric center of each side around the 
ACIM in addition to the unshielded ambient thermocouple that was placed 
1 foot from the air inlet. Id. The unshielded ambient thermocouple that 
was located 1 foot from the air inlet was used to control the test 
chamber conditions in accordance with AHRI Standard 810 (I-P)-2016 with 
Addendum 1 (i.e., the overall chamber temperature was reduced as 
necessary to maintain the temperature one foot in front of the air 
inlet as close to 90 [deg]F as possible). Id. Table III.12 summarizes 
the results of this testing.

                Table III.12--Average Ambient Temperatures Measured on Each Side Around and ACIM
----------------------------------------------------------------------------------------------------------------
                                                                                   Opposite side   Opposite side
                         Inlet  ([deg]F)                              Exhaust       of exhaust       of inlet
                                                                     ([deg]F)        ([deg]F)        ([deg]F)
----------------------------------------------------------------------------------------------------------------
89.9............................................................            90.2            88.5            88.2
----------------------------------------------------------------------------------------------------------------

    As shown in Table III.12, the air within the chamber had to be 
reduced below 89 [deg]F (outside the 90  1 [deg]F allowable 
ambient temperature range specified in ASHRAE Standard 29-2015) to 
maintain the temperature at the air inlet near the specified 90 [deg]F 
condition. Id. This data suggests that ACIM models that allow the warm 
condenser exhaust air to recirculate to the air intake may require 
lower overall ambient test chamber temperatures to maintain the 
specified condition at the air inlet. Id.
    The ambient temperature measurement is meant to represent the 
temperature of the air around the unit under test that is not impacted 
by unit operation. Id. Because test facilities may have difficulty 
effectively shielding the air inlet thermocouple from warm

[[Page 65884]]

discharge air without blocking the recirculation of that air to the 
ACIM air inlet, as discussed in section III.D.4.a., in the December 
2021 NOPR, DOE proposed that the ambient temperature may be recorded at 
an alternative location. Id. DOE proposed that for ACIMs in which warm 
air discharge impacts the ambient temperature as measured in front of 
the air inlet (i.e., the warm condenser exhaust airflow is directed to 
the ambient temperature location in front of the air inlet), the 
ambient temperature may instead be measured at locations 1 foot from 
the cabinet, centered with respect to the sides of the cabinet, for 
each side of the ACIM cabinet with no air discharge or inlet. Id. DOE 
expected that this proposal would not impact measured ACIM performance 
compared to the existing test approach. 86 FR 72322, 72344-72345. DOE 
also proposed that the relative humidity measurement, as proposed in 
the December 2021 NOPR, would also be made at the same alternative 
locations. 86 FR 72322, 72345.
    Test installation according to the manufacturer's minimum rear 
clearance requirements, as discussed in section III.D.4.c, may affect 
the ability to measure the ambient temperature and relative humidity 
one foot from the air inlet if the air intake is through the rear side 
of the ACIM and the minimum rear clearance is less than 1 foot from the 
air inlet. Id. Additionally, the alternate measurement location, as 
proposed in the December 2021 NOPR, would not be feasible for the rear 
side of a model with no air discharge or inlet on that side and with a 
minimum rear clearance of less than 1 foot. Id.
    In the December 2021 NOPR, DOE proposed that if a measurement 
location 1 foot from the rear of an ACIM is not feasible for testing 
that would otherwise require a measurement at that location, the 
ambient temperature and relative humidity shall instead be measured 1 
foot from the cabinet, centered with respect to the surface(s) of the 
ACIM, for any surfaces around the perimeter of the ACIM that do not 
include an air discharge or air inlet. 86 FR 72322, 72345. DOE 
similarly did not expect this proposal to impact current ACIM 
measurements as it provides an alternative measurement location for the 
existing ambient temperature and relative humidity requirements. 86 FR 
72322, 72345.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
allow for an alternate ambient temperature (and relative humidity) 
measurement location to avoid complications associated with shielding 
the measurement in front of the air inlet, as currently required. 86 FR 
72322, 72345. DOE also requested comment on the proposal for measuring 
ambient temperature and relative humidity for ACIMs for which the 
proposed rear clearance would preclude temperature measurements at the 
rear of the unit under test. Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI commented 
that if manufacturers need an alternate location for ambient 
temperatures, this can either be addressed by waiver or addressed 
through the ASHRAE 29 standard committee to change the requirements. 
(Hoshizaki, No. 14, p. 5; AHRI, No. 13, p. 7) AHRI added it does not 
feel that a dictated alternative measurement location will address any 
concerns that may arise with a particular model. (AHRI, No. 13, p. 7)
    As discussed in section III.D.4.c, DOE is maintaining that ACIMs be 
tested according to the manufacturer's specified minimum rear clearance 
requirements, or 3 feet from the rear of the ACIM, whichever is less. 
The alternate measurement location is necessary to allow for testing 
certain equipment configurations--for example, if the air intake is 
through the rear side of the ACIM and the minimum rear clearance is 
less than 1 foot from the air inlet. Therefore, DOE is maintaining in 
this final rule to allow for an alternate ambient temperature (and 
relative humidity) measurement location, consistent with the December 
2021 NOPR.
e. Ice Cube Settings
    DOE is aware that some ice makers have the capability to make 
various sizes of cubes. The size of the cube can typically be selected 
on the control panel of the ice maker, for example. Section 5.2 of AHRI 
Standard 810 (I-P)-2016 with Addendum 1 states that for machines with 
adjustable ice cube settings, standard ratings are determined for the 
largest and the smallest cube settings, and that ratings for 
intermediate cube settings may be published as application ratings. 
This is consistent with the current DOE requirement as incorporated by 
reference in AHRI Standard 810-2007.
    In the December 2021 NOPR, DOE did not propose any change to the 
existing industry requirement to determine ratings under the largest 
and smallest cube settings for ACIMs with adjustable ice cube settings. 
86 FR 72322, 72345. EPCA requires the DOE test procedure to be 
reasonably designed to produce test results which reflect energy use 
during a representative average use cycle. The current requirement to 
test using the largest and smallest cube setting is based on the 
industry standard, which was developed based on industry's experience 
with this equipment. There is no information to support that testing at 
the ``worst possible configuration'' would be representative of an 
average use cycle. As such, DOE did not propose to change the current 
requirement to test at both the smallest and largest cube setting, 
which is the same as the requirement in AHRI Standard 810 (I-P)-2016 
with Addendum 1. Id.
    In the December 2021 NOPR, DOE requested comment on maintaining the 
current requirement to test at the largest and smallest ice cube size 
settings, consistent with AHRI Standard 810 (I-P)-2016 with Addendum 1. 
86 FR 72322, 72345. DOE also requested information on the ice cube size 
setting typically used by customers with ACIMs with multiple size 
settings (largest, smallest, default, etc.). 86 FR 72322, 72345.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
with maintaining the requirements set by AHRI Standard 810 (I-P)-2016 
with Addendum 1 for cube size settings. (Hoshizaki, No. 14, p. 5; AHRI, 
No. 13, p. 8)
    DOE is maintaining in this final rule the current requirement to 
test at the largest and smallest ice cube size settings, consistent 
with AHRI Standard 810 (I-P)-2016 with Addendum 1.
f. Ice Makers With Dispensers
    DOE is aware of certain self-contained ACIMs that dispense ice to a 
user through an automatic dispenser when prompted by the user. Testing 
according to the current DOE test procedure or the updated industry 
standards as proposed in the December 2021 NOPR may be difficult or 
impossible for certain ACIM configurations with automatic dispensers. 
86 FR 72322, 72345.
    Section 6.6 in ASHRAE Standard 29-2015 specifies that an ACIM must 
have its bin one-half full of ice when collecting capacity 
measurements. DOE is aware of self-contained ACIMs with dispensers that 
contain internal storage bins that are not accessible during normal 
operation (i.e., users access the ice only through use of the 
dispenser). Because the internal bins are not accessible during normal 
operation, it can be difficult or impossible to establish a storage bin 
one-half full of ice for testing. Additionally, isolating the ice 
produced during testing from the ice initially placed in a one-half 
full storage bin may be difficult or impossible, depending on the 
dispenser and internal storage bin configuration.

[[Page 65885]]

    Section 6.10 of ASHRAE Standard 29-2015 requires that the ACIM be 
completely assembled with all panels, doors, and lids in their normally 
closed positions during the test. Additionally, section 4.1.4 of AHRI 
Standard 810 (I-P)-2016 with Addendum 1 requires that the test unit 
shall be configured for testing per the manufacturer's written 
instructions provided with the unit. It also requires 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. Many self-contained ACIMs with 
dispensers would require removing case panels or the top lid to access 
the internal ice bin for ice collection or establishing initial test 
setup. In typical operation, users would access the ice only through 
the dispenser mechanism.
    Through a letter dated January 28, 2020, Hoshizaki petitioned for a 
waiver and interim waiver from the DOE ACIM test procedure at 10 CFR 
431.134 for ice/water dispenser ACIM basic models to address the test 
issues previously described in this section (case number 2020-001).\29\ 
On July 23, 2020, DOE granted Hoshizaki an interim waiver to test the 
identified ACIM basic models with a modified test procedure. 85 FR 
44529. After providing opportunity for public comment on the interim 
waiver and reviewing the one comment received, DOE granted Hoshizaki a 
waiver through a final decision and order published on October 28, 
2020. 85 FR 68315.
---------------------------------------------------------------------------

    \29\ The petition and related documents are available at 
www.regulations.gov in docket EERE-2020-BT-WAV-0005.
---------------------------------------------------------------------------

    The decision and order requires, prior to the start of the test, 
removing the front panel of the unit under test and inserting 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. Id.
    This waiver granted to Hoshizaki includes instructions for testing 
the specific basic models addressed in that waiver process. However, 
other ACIM models with dispensers would likely require similar testing 
instructions. Moreover, after the granting of any waiver, DOE must 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations to eliminate any need for the continuation of 
such waiver. 10 CFR 431.401(l). Therefore, in the December 2021 NOPR, 
DOE proposed to add general test instructions to the proposed DOE test 
procedure at 10 CFR 431.134(b)(6) to allow for testing such models. 86 
FR 72322, 72346. DOE proposed that ACIMs with a dispenser be tested 
with continuous production and dispensing of ice throughout the 
stabilization and test periods. Id. As noted in the December 2021 NOPR, 
if an ACIM with a dispenser is not able to allow for the continuous 
production and dispensing of ice because of certain mechanisms within 
the ACIM that prohibit this function, those mechanisms must be 
overridden to the minimum extent that allows for the continuous 
production and dispensing of ice. Id. For example, this would allow for 
the temporary removal of panels or overriding of certain controls, if 
necessary. Id. The capacity samples would be collected in an external 
bin one-half full with ice and connected to the outlet of the ice 
dispenser through the minimal length of conduit that can be used for 
the required time period as defined in ASHRAE Standard 29-2015. Id. 
Because of the continuous production and dispensing of ice, these ACIMs 
would be required to have an empty internal storage bin at the 
beginning of testing. Id. This would ensure that the collection periods 
capture only the quantity of ice produced during that period (i.e., 
this would avoid any ice being collected that was produced prior to the 
collection period). Id. This proposed approach would address issues 
with testing ACIM models with automatic dispensers, while allowing a 
representative measure of how ACIMs with dispensers are typically used. 
Id. This approach would also minimize test burden by avoiding the need 
to significantly alter the configurations of these ACIM models for 
testing (e.g., allowing for access to any internal storage bins during 
performance testing). Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
collect capacity samples for ACIMs with dispensers through the 
continuous production and dispensing of ice throughout testing, using 
an empty internal storage bin at the beginning of the test period and 
collecting the ice sample through the dispenser in an external bin one-
half full of ice. 86 FR 72322, 72346. DOE also requested comment on its 
proposal to allow for certain mechanisms within the ACIM that would 
prohibit the continuous production and dispensing of ice throughout 
testing to be overridden to the minimum extent that allows for the 
continuous production and dispensing of ice. Id. DOE sought information 
on how manufacturers of these ACIMs currently test and rate this 
equipment under the existing DOE test procedure, whether the proposal 
would impact the energy use as currently measured, and on the burden 
associated with the proposed approach or any alternative test 
approaches. Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
with adopting the approach stated, and AHRI noted that this process is 
also being proposed to the ASHRAE 29 committee for consideration. 
(Hoshizaki, No. 14, p. 6; AHRI, No. 13, p. 8)
    AHAM commented that DOE's proposed test procedure does not account 
for integrated dispensing, such as for a dispenser ice maker with ice 
internal to the unit (a feature offered in certain residential 
products). (AHAM, No. 18, p. 11) AHAM states that, for these products, 
there is no way to determine if the bin is half full during the run-in 
portion of the test, and that DOE proposes to override the dispensing 
function so that it continually dispenses, which is not possible on all 
units that have this feature. Id.
    The CA IOUs commented that a self-contained ice maker category type 
that DOE recognized needs specialized test methodology is the ice 
dispenser ice maker. (CA IOUs, No. 16, p. 4) The CA IOUs noted that the 
ice is made inside the ice bin and an automated ice dispenser is 
located underneath the bin to dispense ice into a cup. Id. The CA IOUs 
described that usually these machines have automated water dispensers 
integrated into them, the bins range between 10 and 100 lb, and the 
production capacity ranges between 200 and 500 lb per day. Id. The CA 
IOUs stated that there are 18 different models on the market, which are 
purchased by foodservice establishments and offices. Id. The CA IOUs 
recommended separating these ice machines into different classes to 
allow the test methodology to be refined for each category, resulting 
in testing consistency within each category. Id.
    In the December 2021 NOPR, DOE proposed that mechanisms must be 
overridden to the minimum extent which allows for the continuous 
production and dispensing of ice (e.g., insert a bracket to hold the 
shutter (which allows for the dispensing of ice

[[Page 65886]]

during the test) completely open for the duration of the test). 86 FR 
72322, 72345-72346. DOE also proposed that the internal storage bin be 
empty at the beginning of the test period and that the intercepted ice 
samples be obtained from a container in an external ice bin that is 
filled one-half full of ice. Id. This would ensure that the collection 
periods capture only the quantity of ice produced during that period 
(i.e., this would avoid any ice being collected that was produced prior 
to the collection period).
    DOE notes that the test method proposed in the December 2021 NOPR 
would apply to all ACIMs with dispensers, not just the basic model for 
which there is a test procedure waiver. DOE has not identified the need 
for additional test instructions for any other ACIMs with dispensers 
and DOE has not received any additional petitions for waiver for other 
ACIMs with dispensers. Therefore, DOE is maintaining in this final rule 
the test method proposed in the December 2021 NOPR for ACIMs with 
dispensers. Further categorization of equipment may be discussed in any 
amended energy conservation standards for ACIMs with dispensers.
g. Remote ACIMs
    DOE did not propose amendments to the existing test procedures for 
testing remote condensing ACIMs in the December 2021 NOPR. 86 FR 72322, 
72346. Based on a review of manufacturer installation instructions for 
ACIMs with dedicated remote condensing units, manufacturers typically 
recommend line sets and/or limitations to installation locations. DOE 
preliminarily determined that testing according to the manufacturer 
recommendations, as is currently required, rather than one specified 
remote setup, would represent typical use in the field and would 
produce consistent test results. 86 FR 72322, 72347. DOE also did not 
propose any amendments to its test procedure to address ACIMs installed 
with a compressor rack because it lacked information on typical 
installation locations, operation, and market availability, and because 
any ACIMs designed only for connection to remote compressor racks are 
out of the scope of DOE's regulations. 86 FR 72322, 72344.
    In the December 2021 NOPR, DOE requested comment on its initial 
determination that additional test setup and installation instructions 
are not required for testing remote condensing ACIMs. 86 FR 72322, 
72347.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
that no additional test setup or installation instructions are required 
for units with dedicated remote condensing units. (Hoshizaki, No. 14, 
p. 6; AHRI, No. 13, p. 8) Hoshizaki added that if a manufacturer has 
further requests that are different from its instructions, it could 
file that with DOE so it is in the record of special instructions or 
taken through the waiver process for clarification. (Hoshizaki, No. 14, 
p. 6)
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
with DOE in not establishing test procedures for ACIMs for rack units. 
(Hoshizaki, No. 14, p. 6; AHRI, No. 13, p. 8) Hoshizaki added that the 
sector is very small, and a new test criterion would need to be 
addressed in the ASHRAE 29 standard. (Hoshizaki, No. 14, p. 6)
    DOE is maintaining in this final rule that additional test setup 
and installation instructions are not required for testing ACIMs with 
dedicated remote condensing units, consistent with the December 2021 
NOPR. DOE is also not establishing separate test procedures for ACIMs 
intended for installation with a compressor rack.
5. Modulating Capacity Ice Makers
    An ice maker could be designed to be capable of operating at 
multiple capacity levels, i.e., a ``modulating capacity ice maker.'' 
This modulation could be accomplished by using a single compressor with 
multiple or variable capacities, using multiple compressors, or in some 
other manner. In the January 2012 final rule, DOE did not establish 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. The decision to exclude 
modulating capacity ice makers was based on the lack of existing ACIMs 
with modulating capacity, as well as limited information regarding how 
such equipment would function. Id.
    DOE conducted market research and examined publicly available 
sources to determine the prevalence of modulating capacity ice makers. 
DOE did not find any modulating capacity ice makers that are currently 
available in the market. Therefore, in the December 2021 NOPR, DOE did 
not propose test procedures for modulating capacity ice makers. 86 FR 
72322, 72347.
    In the December 2021 NOPR, DOE requested comment on its initial 
determination regarding the lack of availability of modulating capacity 
ice makers on the market. 86 FR 72322, 72347.
    In response to the December 2021 NOPR, AHRI agreed with DOE's 
determination. (AHRI, No. 13, p. 8) Hoshizaki commented it is not aware 
of any modulating capacity ice makers on the market. (Hoshizaki, No. 
14, p. 6) Hoshizaki requested that DOE share examples of modulating 
capacity ACIMs, and if examples exist, Hoshizaki will review and then 
offer comment. Id.
    DOE continues to not be aware of any modulating capacity ice makers 
available on the market. Therefore, DOE is not establishing test 
instructions for modulating capacity ice makers in this final rule.
6. Standby Energy Use and Energy Use Associated With Ice Storage
    The current ACIM test procedure considers only active mode energy 
use when an ice maker is actively producing ice and represents 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 outside of active mode operation. When not actively making ice, 
an ice maker continues to consume energy to power sensors and controls. 
In addition, ice that is stored in an integral or paired ice storage 
bin will melt over time and the ice maker will use additional energy to 
replace the ice that has melted to keep the bin full. In these ways, 
standby energy use from control devices and energy use associated with 
ice storage can impact the daily energy consumption of ACIM equipment.
    DOE researched available test methods for determining energy use 
associated with ice storage. The AHRI certification program currently 
includes rating ice storage bins using AHRI 820-2017, ``Performance 
Rating of Ice Storage Bins.'' Similar methods are currently referenced 
in the Australian and Canadian test methods and standards applicable to 
self-contained ice makers and storage bins.30 31 AHRI 820-
2017 describes a standardized method for measuring the ``efficiency'' 
of ice storage bins using a metric called ``Theoretical Storage 
Effectiveness,'' which describes the percent of ice that would remain 
in a bin 24 hours after it is produced. In contrast, the December 2014 
MREF Test Procedure NOPR considered energy use associated with ice 
storage based on testing the ice maker and storing the ice in a bin 
over

[[Page 65887]]

a period of up to 48 hours with no ice retrieval to determine the 
energy use associated with replenishing the bin. 79 FR 74894, 74921-
74922.
---------------------------------------------------------------------------

    \30\ The Australian minimum energy performance standards 
(``MEPS'') apply to both stand-alone storage bins and ice storage 
bins contained in stand-alone equipment (AS/NZS 4865.2 & 3). The 
NRCan standard appears to apply only to storage bins contained in 
self-contained ice makers with integral storage bins.
    \31\ The newest version of the CSA test method, C742-15, refers 
directly to the 2012 version of AHRI 820 (and AHRI 821, which is the 
SI version of the standard).
---------------------------------------------------------------------------

    Many ice makers (including ice making heads (``IMHs'') and remote 
condensing unit (``RCU'') ice makers) can be paired with any number of 
storage bins, including those produced by other manufacturers. These 
ice makers are typically paired in the field with a bin chosen by the 
end user, rather than the manufacturer. However, DOE understands that 
many IMH and RCU equipment are advertised as compatible with a list of 
specific bins and, therefore, may be able to be rated based on 
recommended bin combinations.
    In the December 2021 NOPR, DOE initially determined that the energy 
use of ACIMs in standby mode is likely very low compared to active mode 
ice making energy use. 86 FR 72322, 72348. Additionally, the 
contribution of any standby mode energy use to overall energy use can 
vary significantly depending on the specific installation and end use 
of the ACIM. Id.
    At the time of the December 2021 NOPR, DOE did not have sufficient 
data and information to establish test procedures for standby energy 
use or energy use associated with ice storage. 86 FR 72322, 72348. In 
addition, incorporating standby energy use and energy use associated 
with ice storage would require significant test procedure changes 
requiring an increase in test time. Therefore, because of the lack of 
data and undue burden on manufacturers, DOE did not propose to amend 
its test procedures to account for standby or ice storage energy use in 
the December 2021 NOPR. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
not amend its test procedures to account for standby or ice storage 
energy use. 86 FR 72322, 72348. DOE also requested data on the typical 
durations and associated energy use for all ACIM operating modes and on 
the potential burden associated with testing energy use in those modes. 
Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
that DOE should not amend the test procedure to account for standby 
energy use. (Hoshizaki, No. 14, p. 6; AHRI, No. 13, p. 8)
    Hoshizaki commented the normal bin control switch in low-voltage 
test data shows very little power used to communicate with the control 
board. (Hoshizaki, No. 14, p. 6) Hoshizaki added that accounting for 
standby energy would require a significant increase in total test time, 
which would be a significant increase in test burden to measure a very 
small amount of energy. Id.
    Joint Commenters commented that the standby power associated with 
powered controls outside of active icemaking can be around 25-50 kWh 
per year. (Joint Commenters, No. 15, p. 2) Joint Commenters noted that 
in the 2015 Final Rule Technical Support Document (``TSD'') for ACIM 
standards, DOE assumed a utilization factor (i.e., the percent of time 
the ice maker is actively producing ice) of 42 percent, and assumed the 
unit was in standby mode 58 percent of the time, adding that DOE stated 
that the utilization factor was based on data provided by manufacturers 
and a field study. Id. Joint Commenters stated that despite the 
information cited in the 2015 Final Rule TSD, DOE cites insufficient 
information as a reason not to amend the test procedures to capture 
standby power, therefore, the Joint Commenters encouraged DOE to 
capture standby energy use in the test procedure to improve 
representativeness by more fully capturing the total energy consumption 
of ACIMs. Id.
    The CA IOUs recommended that for self-contained machines the ice-
melt rate procedure from AHRI 820 should be integrated into the method 
of test, and the ice-melt rate should be reported or integrated into 
the daily energy and harvest rate. (CA IOUs, No. 16, p. 7) The CA IOUs 
added that self-contained ice machines have an ice bin that is integral 
to the unit, and ice-melt rate should be reported for these units or 
have the ice-melt rate accounted for in the reported energy 
consumption. Id.
    Joint Commenters urged DOE to capture the energy use associated 
with ice storage due to replacement cycles in the test procedures for 
self-contained units (SCU), which include an integrated storage bin, as 
well as for ice-making heads (IMH) and remote-condensing units (RCU). 
(Joint Commenters, No. 15, p. 3) Joint Commenters noted that in a NOPR 
published on December 16, 2014, regarding the miscellaneous 
refrigeration products (``MREFs'') test procedure (``December 2014 MREF 
Test Procedure NOPR''; 79 FR 74894), DOE proposed a test procedure that 
included a measurement of both the energy consumed during active ice 
production and the energy use associated with replenishing the ice 
supply to replace melted ice during ice storage. Id. For SCUs, Joint 
Commenters encouraged DOE to investigate the appropriateness of a 
procedure similar to the one it proposed for ice makers in the December 
2014 MREF Test Procedure NOPR. Id.
    Joint Commenters commented that the operation of ice makers 
includes replacement cycles (i.e., when additional ice is produced to 
replenish the storage bin due to ice melt), and the effectiveness of 
the storage bin at keeping the stored ice cold (i.e., slowing the melt) 
drives the frequency of the replacement cycles, and thus impacts the 
energy consumed over a period of time, such as a day or a year. (Joint 
Commenters, No. 15, p. 2-3) Joint Commenters noted that DOE previously 
found that the energy use associated with replacement of melted ice 
from ice storage bins ranged from 30 to 75% of total ice maker energy 
consumption. Id.
    For IMHs and RCUs, Joint Commenters encouraged DOE to consider an 
approach that could involve establishing default values that represent 
the energy use associated with ice replacement. (Joint Commenters, No. 
15, p. 3) Joint Commenters added the melt rates associated with the 
least-efficient storage bins on the market could be used to determine 
the extent of replacement cycle operation during a fixed period, such 
as 24 hours, noting that the default value of replacement cycle energy 
would take the form of an adder to measured energy consumption in the 
normal icemaking cycle. Id. Joint Commenters stated that a manufacturer 
could then choose to either use the default value or, if they wanted to 
demonstrate improved storage bin effectiveness, they could conduct a 
similar test to that used for SCUs. Id. Specifically, Joint Commenters 
addressed DOE's statements in the NOPR that many IMH and RCU models are 
advertised as compatible with a list of specific bins, stating they 
believe that it could make sense in these cases for the manufacturer to 
test with the least-efficient storage bin of those advertised in their 
literature. Id. If no bin is specified, the manufacturer would instead 
use the default values. Id.
    In the December 2021 NOPR, DOE initially determined that the 
contribution of any standby mode energy use to overall energy use can 
vary significantly depending on the specific installation and end use 
of the ACIM. 86 FR 72322, 72348. Because ACIMs may be installed and 
operated in a range of end uses (e.g., commercial kitchens, offices, 
schools, hospitals, hotels, and convenience stores), determining the 
performance based on the metric of energy use per 100 pounds of ice 
during an ACIM's active mode best reflects energy efficiency, energy 
use, or estimated annual operating cost of a given type of covered 
equipment

[[Page 65888]]

during a representative average use cycle while not being unduly 
burdensome to conduct, consistent with 42 U.S.C. 6314(a)(2).
    DOE also initially determined that IMHs and RCU ice makers are 
typically paired in the field with a storage bin chosen by the end 
user, rather than the manufacturer, which can result in IMHs and RCU 
ice makers paired with storage bins from a different manufacturer. 86 
FR 72322, 72348. DOE acknowledges that self-contained ice makers 
contain a storage bin that is integral to the ACIM. However, the energy 
use associated with ice storage of all ACIMs, including self-contained 
ice makers, can vary significantly depending on the specific 
installation and end use of the ACIM.
    DOE acknowledges the comments regarding DOE's utilization factor 
from the 2015 Final Rule TSD for ACIM standards.\32\ The utilization 
factor estimates the percent of time ice makers actively produce ice. 
The assumed utilization factor in the 2015 Final Rule TSD for ACIM 
standards was 42 percent across all equipment classes and efficiency 
levels and was based on data provided by manufacturers and data 
obtained from a field study.\33\ The assumed utilization factor was 
used to estimate the annual energy consumption of each equipment class 
and efficiency level considered in the 2015 Final Rule TSD for ACIM 
standards and does not represent the utilization factor for an 
individual test unit. As noted by the field study, ice maker usage can 
vary dramatically from one installation to another as illustrated by 
the results of the field study in which the duty cycles of tested units 
averaged between 34.5 percent and 86.6 percent.
---------------------------------------------------------------------------

    \32\ See https://www.regulations.gov/document/EERE-2010-BT-STD-0037-0136.
    \33\ See https://p2infohouse.org/ref/50/49015.pdf.
---------------------------------------------------------------------------

    DOE has determined that the measurement of active mode energy use, 
when an ice maker is actively producing ice, and the metric of energy 
use per 100 pounds of ice represent a repeatable and reproducible test 
method that is reasonably designed to produce test results which 
reflect energy use during a representative average use cycle. 
Therefore, DOE is maintaining in this final rule to not amend its test 
procedures to account for standby or ice storage energy use.
7. Calculations and Rounding Requirements
    As compared to ASHRAE Standard 29-2009, section 9.1.1 of ASHRAE 
Standard 29-2015 specifies averaging instructions for calculating the 
gross weight of product produced. ASHRAE Standard 29-2015 specifies to 
``average the quantity for the three samples to determine the ice 
produced.'' However, this averaging instruction is not specified for 
the water or energy consumption calculations.
    In the December 2021 NOPR, DOE proposed to provide explicitly that 
the energy use, condenser water use, and potable water use (as 
described in section III.D.8) be calculated by averaging the measured 
values for each of the three samples for each respective metric. 86 FR 
72322, 72348. DOE added that this clarification would not affect the 
measured performance of ACIMs but would more explicitly present the 
calculation approach. Id.
    In the December 2021 NOPR, DOE requested comment on the proposal to 
clarify that the energy use, condenser water use, and potable water use 
(as described in section III.D.8) be calculated by averaging the 
calculated values for the three measured samples for each respective 
metric. 86 FR 72322, 72348.
    In response to the December 2021 NOPR, AHRI agreed with DOE that 
these could be valid proposed changes. (AHRI, No. 13, p. 9) However, 
AHRI and Hoshizaki requested that any clarifications to the ASHRAE 29 
be addressed by the ASHRAE 29 standard committee. (AHRI, No. 13, p. 9; 
Hoshizaki, No. 14, p. 6).
    DOE has determined to amend the test procedure in this final rule 
to clarify that the energy use, condenser water use, and potable water 
use (as described in section III.D.8) be calculated by averaging the 
calculated values for the three measured samples for each respective 
metric.
    The regulations in 10 CFR 431.132 specify rounding requirements for 
the ACIM metrics ``energy use'' and ``maximum condenser water use.'' 
Specifically, DOE requires energy use to be in multiples of 0.1 kWh/100 
lb and condenser water use to be in multiples of 1 gallon per 100 
pounds of ice (``gal/100 lb''). 10 CFR 431.132.
    AHRI Standard 810-2007, which is currently incorporated by 
reference in the DOE test procedure, and AHRI Standard 810 (I-P)-2016 
with Addendum 1, which was proposed for use in the December 2021 NOPR, 
specify rounding requirements for the following quantities:

             Table III.13--Summary of Rounding Requirements
------------------------------------------------------------------------
                                              AHRI standard 810  (both
                 Quantity                     2007 and 2016, except as
                                                       noted)
------------------------------------------------------------------------
Ice Harvest Rate..........................  1 lb/24 h.
Condenser Water Use Rate..................  1 gal/100 lb.
Potable Water Use Rate....................  0.1 gal/100 lb.
Energy Consumption Rate...................  0.1 kWh/100 lb (2007).
                                            0.01 kWh/100 lb (2016).
Ice Hardness Factor.......................  Not Specified (percent).
------------------------------------------------------------------------

    In the December 2021 NOPR, DOE proposed to incorporate by reference 
AHRI Standard 810 (I-P)-2016 with Addendum 1, which would include the 
rounding requirements shown in Table III.12, with the exception of the 
provision for harvest rate. 86 FR 72322, 72349. For harvest rate, the 
specified rounding to the nearest 1 lb/24 h could represent a 
significant percentage of harvest rates for low-capacity ACIMs. As 
discussed in section III.D.2, DOE observed low-capacity ACIMs available 
on the market with harvest rates as low as 7 lb/24 h. For this harvest 
rate, rounding to the nearest pound would allow a range of measured 
performance of approximately 7 percent to have the same 
harvest rate result. Section 5.5.1 of ASHRAE Standard 29-2015 provides 
that ice-weighing instruments have accuracy and readability of 1.0% of the quantity measured. Therefore, to avoid rounding 
harvest rate to a level that could impact test procedure accuracy, DOE 
proposed that harvest rate be rounded to the nearest 0.1 lb/24 h for 
ACIMs with harvest rates less than or equal to 50 lb/24 h. 86 FR 72322, 
72349. DOE further discusses rounding requirements in section III.E.2.
    DOE has determined to amend the test procedure in this final rule 
to require the rounding requirements specified in AHRI Standard 810 (I-
P)-2016 with Addendum 1 except that for ACIMs with harvest rates less 
than or equal to 50 lb/24 h, the harvest rate shall be rounded to the 
nearest 0.1 lb/24 h.
    DOE also proposed in the December 2021 NOPR to specifically state 
that all calculations must be performed with raw measured values and 
that only the resultant energy use, condenser water use, and harvest 
rate metrics be rounded. 86 FR 72322, 72349.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
with this assessment, but requested that any clarification be addressed 
by the ASHRAE 29 standard committee.

[[Page 65889]]

(Hoshizaki, No. 14, p. 6; AHRI, No. 13, p. 9)
    DOE has determined to amend the test procedure in this final rule 
to require that all calculations must be performed with raw measured 
values and that only the resultant energy use, water use, and harvest 
rate metrics be rounded.
    In addition, ASHRAE Standard 29-2015 specifies stabilization 
requirements in terms of either percent or absolute weight without 
specifically referencing a calculation for percent variation. In the 
December 2021 NOPR, DOE proposed to apply the following equation to 
calculate the percent difference between any two measurements. 86 FR 
72322, 72349. This includes any calculation to determine if the ice 
production rate has stabilized between cycles or samples, as described 
in section III.D.2.
[GRAPHIC] [TIFF OMITTED] TR01NO22.000

    The proposed equation for calculating percent difference may affect 
when a unit meets the stability criteria, but DOE determined it would 
not affect the stabilization determination for any of the over 50 ice 
maker tests conducted prior to this rulemaking. 86 FR 72322, 72344.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
clarify that percent difference shall be calculated based on the 
average of the two measured values. 86 FR 72322, 72349.
    In response to the December 2021 NOPR, Hoshizaki agreed that this 
proposal can help in understanding of how percent difference is 
calculated and should be spelled out in the Code of Federal 
Regulation's language but requested that this be addressed by the 
ASHRAE 29 standard committee. (Hoshizaki, No. 14, p. 7) AHRI agreed 
with DOE that these could be valid proposed changes. (AHRI, No. 13, p. 
9)
    To ensure consistency in stability determinations, DOE is amending 
the test procedure in this final rule to require that percent 
difference be calculated based on the average of the two measured 
values.
8. Potable Water Use
    The water use of an ACIM includes water used in making the 
harvested ice; any dump or purge water used as part of the ice making 
process; and for water-cooled ACIMs, the water used to transfer heat 
from the condenser. In establishing initial standards for ACIMs, 
Congress addressed the latter type of water use. For ACIMs that produce 
cube type ice with capacities between 50 and 2,500 pounds per 24-hour 
period, EPCA specified maximum condenser water use rates (in gallons 
per 100 pounds of ice). (42 U.S.C. 6313(d)(1)) In a note to the table 
establishing initial maximum condenser water use rates, the statute 
provides that ``Water use is for the condenser only and does not 
include potable water used to make ice.'' (Id.)
    In the January 2012 final rule, DOE noted that 42 U.S.C. 6313(d) 
does not require DOE to develop a water conservation test procedure or 
standard for potable water use in cube type ice makers or other ACIMs; 
rather, it sets forth energy and condenser water use standards for cube 
type ice makers at 42 U.S.C. 6313(d)(1), and allows, but does not 
require, the Secretary to issue analogous standards for other types of 
ACIMs under 42 U.S.C. 6313(d)(2). 77 FR 1591, 1605.
    DOE further stated that ambiguous statutory language may lead to 
multiple interpretations in the development of regulations. Id. DOE 
stated that the statutory language is unclear whether the footnote on 
potable water use that appears in 42 U.S.C. 6313(d)(1) has a 
controlling effect on 42 U.S.C. 6313(d)(2) and 42 U.S.C. 6313(d)(3)--
the statutory direction to review and consider amended standards. Id. 
Potable water use is not referenced anywhere else in 42 U.S.C. 6313(d), 
and thus it is difficult to determine whether this footnote is a 
clarification or a mandate in regard to cube type ice makers, and 
furthermore, whether it would apply to the regulation of other types of 
ACIMS. Id.
    DOE also stated that while there is generally a positive 
correlation between energy use and potable water use, DOE understands 
that at a certain point the relationship between potable water use and 
energy consumption reverses due to scaling. Id. Based on this fact, and 
given the added complexity inherent to the regulation of potable water 
use and the concomitant burden on ACIM manufacturers, DOE did not 
establish regulations or require testing and reporting of the potable 
water use of ACIMs. Id. Without a clear mandate from Congress on 
potable water use generally, and given that Congress chose not to 
regulate potable water use for cube type ice makers by statute, DOE 
exercised its discretion in choosing not to include potable water use 
rate in its test procedure for ACIMs. Id.
    ASHRAE Standard 29-2015 and AHRI Standard 810 (I-P)-2016 with 
Addendum 1 include measurements and rating requirements for potable 
water use. The measurement of ``non-condenser'' potable water use 
(i.e., water used in making the harvested ice and any dump or purge 
water) is currently not specified by the DOE test procedure, but is 
required by other programs, such as ENERGY STAR \34\ and the AHRI 
certification program.\35\
---------------------------------------------------------------------------

    \34\ The ENERGY STAR specification for automatic commercial ice 
makers is available at www.energystar.gov/sites/default/files/Final%20V3.0%20ACIM%20Specification%205-17-17_1.pdf.
    \35\ www.ahrinet.org/Certification.aspx.
---------------------------------------------------------------------------

    As stated in the March 2019 RFI, DOE reviewed the relationship 
between potable water use with harvest rate and daily energy 
consumption by analyzing reported ACIM data from the AHRI directory and 
the ENERGY STAR product database.36 37 84 FR 9979, 9986. DOE 
observed that all continuous ice makers had reported values for potable 
water use per 100 pounds of ice between 11.9 and 12.0 gallons because 
all the water is converted to produced ice. Id. 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. Id. 
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. Id.
---------------------------------------------------------------------------

    \36\ Available at www.ahridirectory.org/NewSearch?programId=31&searchTypeId=3.
    \37\ Available at www.energystar.gov/productfinder/product/certified-commercial-ice-machines/results.
---------------------------------------------------------------------------

    Because energy use can be affected by many factors other than 
potable water use, the lack of a clear trend between energy use and 
potable water use does not provide a definitive indication of the 
extent of the relationship between energy use and potable water use. 86 
FR 72322, 72350. Although the exact

[[Page 65890]]

relationship between potable water use and energy use is not 
understood, potable water use does impact energy use. Id. An ACIM must 
chill the entering potable water to some extent. Id. The extent to 
which potable water is not directly converted to ice, it still is 
likely cooled to 32 [deg]F. Id. Cooled potable water that is not 
directly converted to ice and is drained from the unit represents lost 
refrigeration capacity. Id. As such, reducing potable water use may 
provide the potential for reduced energy consumption. Id.
    In the December 2021 NOPR, DOE initially determined that ACIMs 
currently available on the market have a wide range of potable water 
use, and the relationship between potable water use and energy use and 
harvest rate is not clear. 86 FR 72322, 72350. Based on its inclusion 
in the AHRI certification program and ENERGY STAR qualification 
criteria, potable water use may be a useful measurement as part of 
characterizing the energy use associated with ACIM performance. Id. To 
align with the AHRI certification program and ENERGY STAR, while 
allowing for a measurement of potable water use that is consistent with 
the test requirements proposed in the December 2021 NOPR for energy 
use, harvest rate, and condenser water use, DOE proposed in the 
December 2021 NOPR to include measurement of potable water use in the 
DOE ACIM test procedure at 10 CFR 431.134. Id. Because DOE does not 
regulate ACIM potable water use, testing for the potable water 
measurements under the proposed approach would be voluntary. Id. 
Specifically, DOE did not propose to require manufacturers to conduct 
the potable water provisions of the test procedure, and manufacturers 
would not report the results of the potable water test to DOE, if 
conducted. Id. In addition, DOE stated that manufacturers would not be 
required to use the voluntary test procedure as the basis of any 
representations of potable water use. Id.
    DOE proposed that the measurement of potable water use would 
generally follow the test methods in AHRI Standard 810 (I-P)-2016 with 
Addendum 1 and ASHRAE Standard 29-2015, but with the additional test 
procedure amendments as proposed in the December 2021 NOPR. 86 FR 
72322, 72350. This proposed approach is generally consistent with the 
methods currently used for the AHRI and ENERGY STAR programs; 
additionally, DOE does not expect that the additional test provisions 
as proposed in the December 2021 NOPR would impact performance as 
measured under the existing approaches used by AHRI (AHRI Standard 810 
(I-P)-2016 with Addendum 1) or ENERGY STAR (AHRI Standard 810-2007). 
Id.
    DOE also proposed to add a definition of ``potable water use'' in 
10 CFR 431.132. 86 FR 72322, 72350. DOE proposed to define ``potable 
water use'' as the amount of potable water used in making ice, which is 
equal to the sum of the ice harvested, dump or purge water, and the 
harvest water, expressed in gal/100 lb, in multiples of 0.1, and 
excludes any condenser water use. Id. This definition is generally 
consistent with the term ``potable water use rate'' in AHRI Standard 
810 (I-P)-2016 with Addendum 1, with the clarification that condenser 
water use is not considered potable water use. Id.
    In the December 2021 NOPR, DOE noted that AHRI Standard 810 (I-P)-
2016 with Addendum 1 specifies under the ``Certified Ratings'' section 
that potable water use rate is applicable to batch type ice makers 
only, but that AHRI's Directory of Certified Product Performance 
includes the potable water use rate for both batch type and continuous 
type ACIMs.\38\ 86 FR 72322, 72350. Thus, the industry standard appears 
to currently be used for measuring potable water use for both batch and 
continuous ice makers. Id.
---------------------------------------------------------------------------

    \38\ www.ahridirectory.org/NewSearch?programId=31&searchTypeId=3.
---------------------------------------------------------------------------

    In the December 2021 NOPR, DOE requested comment on the proposal to 
include a voluntary method for measuring potable water use, including 
the value or drawbacks of such an approach, in 10 CFR 431.134 according 
to the industry standards and additional test procedure proposals as 
discussed in the NOPR. 86 FR 72322, 72350.
    In response to the December 2021 NOPR, Hoshizaki and AHRI commented 
that potable water requirements are not covered by the regulation today 
and added that potable water restrictions should be reviewed against 
sanitation requirements to ensure no issues or impact on performance. 
(Hoshizaki, No. 13, p. 9; AHRI, No. 13, p. 9) Hoshizaki added that 
ASHRAE 29 and AHRI 810 account for the collected water use. (Hoshizaki, 
No. 14, p. 7)
    The Joint Commenters and CA IOUs encouraged DOE to require that 
potable water use be measured and reported, which would ensure that 
information about the potable water use of all ice maker models is 
available to purchasers so that they can make informed decisions. 
(Joint Commenters, No. 15, p. 3; CA IOUs, No. 16, p. 4) The CA IOUs 
added that due to the ambiguous relationship between potable water use 
and efficiency, more reporting from manufacturers will elucidate these 
impacts. (CA IOUs, No. 16, p. 7) The CA IOUs supported DOE's potable 
water usage measurement. (CA IOUs, No. 16, p. 4)
    The Joint Commenters stated that manufacturers are already 
measuring potable water use as part of the ENERGY STAR and AHRI 
certification and programs. (Joint Commenters, No. 15, p. 3) The CA 
IOUs commented that ASHRAE 29 covers water consumption methodology; 
however, manufacturers only report water consumption data to ENERGY 
STAR, which covers approximately 30 percent of the market. (CA IOUs, 
No. 16, p. 4) The Joint Commenters added that while most ACIM models in 
the AHRI directory meet the ENERGY STAR potable water use requirements, 
the three highest water-consuming models consume 120%, 97%, and 72% 
more potable water than the ENERGY STAR requirements. Id. The CA IOUs 
commented that two major manufacturers represent most models in the 
ENERGY STAR database, with harvest rates ranging from approximately 200 
lb/day to 1800 lb/day. (CA IOUs, No. 16, p. 5-6) The CA IOUs further 
added that one of the manufacturer's machines consistently use more 
water, and this water use does not appear to correlate with energy use. 
Id. The CA IOUs stated that there is only a strong relationship between 
water and energy use for smaller self-contained ice machine categories 
and did not show a relationship for ice making heads and remote 
condensed units. Id.
    The CA IOUs commented that DOE's NOPR cites ``Prohibited 
Representations,'' to avoid imposing a mandate for representations with 
regard to potable water use (86 FR 72322, 72350); however, CA IOUs 
stated that nowhere in this provision does Congress bar DOE from 
imposing a representation requirement for water use. Id.
    CA IOUs commented that currently, the ASHRAE 29 test method does 
not adequately capture water consumption from purge cycles, which may 
occur every one to twelve harvest cycles and can be adjusted by a 
technician in the field, and recommended that purge cycle water 
consumption should be measured for batch machines and integrated into 
the reported total water consumption of the machine. (CA IOUs, No. 16, 
p. 4) The CA IOUs added that the results for energy use may differ; 
energy use may increase as pre-cooled water near the freezing point is 
lost as purge water, or it may decrease if additional dump and purge 
water leads to lessened scaling in the ice maker. Id.

[[Page 65891]]

    Because DOE does not regulate ACIM potable water use and because 
the DOE test procedures are used to determine compliance with energy 
and condenser water use (as applicable) standards, the harvest rate, 
energy use, and condenser water use (as applicable) are the relevant 
required metrics. DOE acknowledges that potable water use may be a 
useful measurement as part of characterizing the performance of an ACIM 
and is providing a repeatable and reproducible test method that allows 
potable water use to be tested consistently with the other performance 
metrics. DOE is maintaining in this final rule a voluntary method for 
measuring potable water use in 10 CFR 431.134 that generally follows 
the test methods in AHRI Standard 810 (I-P)-2016 with Addendum 1 and 
ASHRAE Standard 29-2015 with some modifications, consistent with the 
December 2021 NOPR.
    In the December 2021 NOPR, DOE did not propose to adjust potable 
water use based on ice hardness factor, as is currently required for 
energy use and condenser water use. 86 FR 72322, 72351. Both energy use 
and condenser water use correspond to the amount of heat removed from 
the potable water in producing ice. Id. Ice that is more completely 
frozen will require more energy use and more heat rejection (via 
condenser water use, if applicable). Id. However, potable water use 
does not similarly vary depending on the ice hardness. Id. The same 
amount of potable water is used to make partially frozen ice as 
completely frozen ice. Id. This is supported by nearly all continuous 
ice makers showing the same 11.9 to 12 gallons of potable water use per 
100 lbs of ice production. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal 
that potable water use is not adjusted based on ice hardness factor. 86 
FR 72322, 72351.
    In response to the December 2021 NOPR, Hoshizaki and AHRI agreed 
that potable water should not be adjusted based on ice hardness. 
(Hoshizaki, No. 14, p. 7; AHRI, No. 13, p. 9)
    DOE has determined in this final rule to not adjust the potable 
water use based on ice hardness.
    Potable water use for portable ACIMs is different than for ACIMs 
with a fixed water connection. As discussed, portable ACIMs require 
that the fill reservoir be filled manually with the maximum volume of 
water that is recommended by the manufacturer. In a portable ACIM, the 
unused ice collected in the ice storage bin slowly melts. This melt 
water is recycled back into the potable water reservoir to be reused. 
Unlike batch type non-portable ACIMs, there is no dump or purge water 
to be measured. For portable ACIMs, water introduced to the reservoir 
is typically only removed from the unit as ice (and any corresponding 
melt water). Therefore, in the December 2021 NOPR, DOE proposed that 
the potable water use rate for portable ACIMs be defined as equal to 
the weight of ice and any corresponding melt water collected for the 
capacity test as specified in section 7.2 of ASHRAE Standard 29-2015. 
86 FR 72322, 72351.
    In the December 2021 NOPR, DOE requested comment on the proposal 
that the potable water use rate of portable ACIMs be defined as equal 
to the weight of ice and water captured for the capacity test, as 
specified in section 7.2 of ASHRAE Standard 29-2015. 86 FR 72322, 
72351.
    In response to the December 2021 NOPR, Hoshizaki agreed to the 
calculation method if the ASHRAE 29-2015 standard is adopted at this 
time. (Hoshizaki, No. 14, p. 7)
    DOE is maintaining in this final rule that the potable water use 
rate of portable ACIMs be defined as equal to the weight of ice and 
water captured for the capacity test, as specified in section 7.2 of 
ASHRAE Standard 29-2015, consistent with the December 2021 NOPR.

E. Representations of Energy Use and Energy Efficiency

    In addition to updates to the ACIM test procedure, DOE proposed in 
the December 2021 NOPR revisions to the provisions related to the 
sampling plan and the determination of represented values currently 
specified at 10 CFR 429.45. 86 FR 72322, 72351. DOE also proposed to 
add equipment-specific enforcement provisions for ACIMs to 10 CFR 
429.134. Id.
1. Sampling Plan and Determination of Represented Values
    In subpart B to 10 CFR part 429, DOE provides uniform methods for 
manufacturers to determine representative values of energy- and non-
energy-related metrics for each basic model of covered equipment. The 
purpose of a statistical sampling plan is to provide a method to ensure 
that the test sample size (i.e., number of units tested) is 
sufficiently large that represented values of energy- and non-energy-
related metrics are representative of aggregate performance of the 
units in the basic model, while accounting for variability inherent to 
the manufacturing and testing processes.
    DOE currently specifies the ACIM-specific sampling plans and 
requirements for the determination of represented values at 10 CFR 
429.45. The sampling plan and method for determining represented values 
applies to represented values of maximum energy use, or other measures 
of energy consumption for which consumers would favor lower values.
    The reference to ``maximum energy use'' and ``maximum condenser 
water use'' in 10 CFR 429.45 could be misinterpreted to refer to the 
energy and water conservation standard levels for that basic model 
(i.e., the maximum allowable energy and maximum allowable condenser 
water use), as opposed to the tested performance. Therefore, in the 
December 2021 NOPR, for consistency and clarity, DOE proposed to 
replace the term ``maximum energy use'' with the term ``energy use'' 
and the term ``maximum condenser water use'' with the term ``condenser 
water use.'' 86 FR 72322, 72351. In addition, values of both energy and 
condenser water consumption are relevant for ACIMs. As such, DOE 
proposed to modify the language at 10 CFR 429.45 to specify expressly 
that the sampling plan at 10 CFR 429.45(a)(2)(i) applies both to 
measures of energy and condenser water use for which consumers would 
favor lower values. Id.
    Similarly, 10 CFR 431.132 includes a definition for the term 
``maximum condenser water use.'' This language may also be 
misinterpreted to refer to the condenser water conservation standard 
level for a basic model as opposed to the tested condenser water use. 
Therefore, in the December 2021 NOPR, DOE proposed to modify the term 
and definition of ``maximum condenser water use'' to instead refer to 
the term ``condenser water use.'' 86 FR 72322, 72351. This modification 
is consistent with the existing definition of ``energy use'' in 10 CFR 
431.132.
    In 10 CFR 429.45(a)(2)(ii), DOE also specifies calculation 
procedures for energy efficiency metrics, or measures of energy 
consumption where consumers would favor higher values. As DOE's test 
procedure does not require determining any values of energy efficiency 
or other measure of performance for which consumers would favor higher 
values, DOE proposed to remove this provision in the December 2021 
NOPR. 86 FR 72322, 72351.
    In addition to energy related metrics, 10 CFR 429.45 mandates the 
reporting of harvest rate, a key non-energy metric associated with 
determining energy and condenser water standards for ACIM equipment, as 
applicable. However, 10 CFR 429.45 does not specify how the represented 
value of harvest rate for

[[Page 65892]]

each basic model should be determined based on the test results from 
the sample of individual models tested. Similar to the requirements for 
other covered products and commercial equipment, DOE proposed in the 
December 2021 NOPR that the represented value of harvest rate for the 
basic model be determined as the mean of the measured harvest rates for 
each unit in the test sample, based on the same tests used to determine 
the reported energy use and condenser water use, if applicable. 86 FR 
72322, 72351. Although not specified in 10 CFR 429.45, DOE expected 
manufacturers are currently certifying ACIM performance based on the 
tested harvest rates. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
amend the sampling plan and reporting requirements for ACIMs in 10 CFR 
429.45. 86 FR 72322, 72351. DOE sought information on how manufacturers 
are currently interpreting ``maximum energy use'' and ``maximum 
condenser water use'' in the context of the sampling and certification 
report requirements, how manufacturers are currently determining 
harvest rates, and whether the proposed amendments would impose any 
burden on manufacturers. Id. DOE also requested comment on its proposal 
to modify the term and definition of ``maximum condenser water use'' to 
instead refer to ``condenser water use''. Id.
    In response to the December 2021 NOPR, Hoshizaki and AHRI commented 
that further clarification is needed for this proposal. (Hoshizaki, No. 
14, p. 7; AHRI, No. 13, p. 9) Hoshizaki requested that this be brought 
to the ASHRAE 29 standard committee for clarification and comment. 
(Hoshizaki, No. 14, p. 7)
    AHRI commented that the definitions used by the method of test and 
rating standards are accurate today and should be adopted by DOE 
without modification. (AHRI, No. 13, p. 9-10) AHRI added that there are 
differences between reporting for some certification programs and DOE 
reporting although all values are determined per the current method of 
test and rating standard. (AHRI, No. 13, p. 9-10)
    The sampling plan and determination of represented values 
amendments proposed in the December 2021 NOPR would clarify the 
terminology and requirements and would not impose any additional burden 
on manufacturers because DOE believes the clarifications are consistent 
with how manufacturers are currently testing.
    DOE is maintaining in this final rule the amends to the sampling 
plan and reporting requirements for ACIMs in 10 CFR 429.45, replacing 
the term ``maximum energy use'' and ``maximum condenser water use'' in 
10 CFR 429.45 with the term ``energy use'' and ``condenser water use'', 
respectively, and modifying the term and definition of ``maximum 
condenser water use'' at 10 CFR 431.132 to instead refer to ``condenser 
water use'', consistent with the December 2021 NOPR.
2. Test Sample Value Rounding Requirements
    DOE currently requires test results for ACIMs to be rounded, as 
discussed in section III.D.7; however, the requirements in 10 CFR 
429.45 do not specify how values calculated in accordance with 10 CFR 
429.45(a) would be rounded. To ensure consistency, DOE proposed, in the 
December 2021 NOPR, that any calculations according to 10 CFR 429.45 be 
rounded consistent with the rounding requirements for individual test 
results. 86 FR 72322, 72351-72352. Specifically, DOE proposed to 
require that values calculated from a test sample be rounded as 
follows: energy use to the nearest 0.01 kWh/100 lb, condenser water use 
to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24 h 
(for ACIMs with harvest rates greater than 50 lb/24 h) or to the 
nearest 0.1 lb/24 h (for ACIMs with harvest rates less than or equal to 
50 lb/24 h). 86 FR 72322, 72352.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
require that values calculated from a test sample be rounded as 
follows: energy use to the nearest 0.01 kWh/100 lb, condenser water use 
to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24 h 
(for ACIMs with harvest rates greater than 50 lb/24 h) or to the 
nearest 0.1 lb/24 h (for ACIMs with harvest rates less than or equal to 
50 lb/24 h). 86 FR 72322, 72352.
    In response to the December 2021 NOPR, Hoshizaki and AHRI requested 
that any changes to the calculation of values be addressed by the AHRI 
810 standard committee. (Hoshizaki, No. 14, p. 7; AHRI, No. 13, p. 10) 
AHRI added that changes made during this rulemaking should be 
consistent with the current version of AHRI Standard 810, and DOE is 
welcome to participate in any AHRI standard working groups to provide 
suggestions for consideration. (AHRI, No. 13, p. 10)
    As discussed in section III.D.7, DOE is amending the rounding 
requirements in this final rule to be consistent with AHRI Standard 810 
(I-P)-2016 with Addendum 1, except that for ACIMs with harvest rates 
less than or equal to 50 lb/24 h, the harvest rate shall be rounded to 
the nearest 0.1 lb/24 h.
    DOE is maintaining in this final rule that values calculated from a 
test sample are required to be rounded as follows: energy use to the 
nearest 0.01 kWh/100 lb, condenser water use to the nearest gal/100 lb, 
and harvest rate to the nearest 1 lb/24 h (for ACIMs with harvest rates 
greater than 50 lb/24 h) or to the nearest 0.1 lb/24 h (for ACIMs with 
harvest rates less than or equal to 50 lb/24 h), consistent with the 
December 2021 NOPR.
3. Enforcement Provisions
    Subpart C of 10 CFR part 429 establishes enforcement provisions 
applicable to covered products and covered equipment, including ACIMs. 
Product-specific enforcement provisions are provided in 10 CFR 429.134, 
but that section currently does not specify product-specific 
enforcement provisions for ACIMs. The DOE requirements in 10 CFR 
429.134 provide which ratings or measurements will be used to determine 
the applicable energy or condenser water conservation standard. 
Normally, DOE provides that the certified metric would be used for 
enforcement purposes (e.g., calculation of the applicable energy 
conservation standard) if the average value measured during enforcement 
testing is within a specified percent of the rated value (the specific 
allowable range varies based on product and equipment type). Otherwise, 
the average measured value would be used.
    Section 7.1 of ASHRAE Standard 29-2009, incorporated by reference 
into the DOE ACIM test procedure, allows for a two percent weight 
variation between collected ice samples when establishing stability of 
an ACIM. Additionally, section 5.5.1 of ASHRAE Standard 29-2009 
specifies that the ice-weighing instruments are required to be accurate 
to within 1.0 percent of the quantity measured. Due to the allowable 
variability in test measurements, a five percent tolerance around the 
rated capacity value likely is appropriate for ACIMs. This tolerance is 
consistent with the tolerance for ice harvest rate ratings as specified 
in section 5.4 of AHRI Standard 810 (I-P)-2016 with Addendum 1. In the 
December 2021 NOPR, DOE proposed that the certified capacity metric for 
ACIMs (i.e,, the harvest rate) will be used for determination of the 
maximum allowable energy consumption and maximum allowable condenser 
water use levels only if the average measured harvest rate during DOE 
testing is within five percent of the certified harvest rate. 86 FR 
72322, 72352. If the

[[Page 65893]]

average measured harvest rate is found to be outside of this range when 
compared to the certified harvest rate, the average measured harvest 
rate of the units in the tested sample will be used as the basis for 
determining the maximum allowable energy consumption and maximum 
allowable condenser water use levels, as applicable. Id.
    In the December 2021 NOPR, DOE requested comment on its proposal to 
include a new paragraph in 10 CFR 429.134 to specify how to determine 
whether the certified or measured harvest rate is used to calculate the 
maximum energy consumption and maximum condenser water use levels. 86 
FR 72322, 72352. DOE also requested comment on whether a five percent 
tolerance for the average measured harvest rate compared to the 
certified harvest rate is an appropriate tolerance for such purposes, 
and if not, what tolerance is appropriate. Id.
    In response to the December 2021 NOPR, Hoshizaki commented that 
further clarification is needed to determine a response. (Hoshizaki, 
No. 14, p. 7) Hoshizaki requested that this be brought to the ASHRAE 29 
standard committee for clarification and comment. (Hoshizaki, No. 14, 
p. 7)
    Subpart C of 10 CFR 429.134 establishes product-specific 
enforcement provisions applicable to covered products and covered 
equipment. The DOE requirements in 10 CFR 429.134 provide which ratings 
or measurements will be used to determine the applicable energy or 
water conservation standard. DOE's enforcement provisions are outside 
the scope of industry standards and, therefore, ASHRAE 29 does not 
apply to DOE's enforcement provisions.
    DOE is maintaining in this final rule the inclusion of a new 
paragraph in 10 CFR 429.134 to specify how to determine whether the 
certified or measured harvest rate is used to calculate the maximum 
energy consumption and maximum condenser water use levels and to 
establish a five percent tolerance for the average measured harvest 
rate compared to the certified harvest rate, consistent with the 
December 2021 NOPR.

F. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this final rule, DOE amends the ACIM test procedure to include 
low-capacity ACIMs in the scope of the test procedure; references the 
most recent versions of the test procedures incorporated by reference; 
clarifies the stability criteria; revises clearances for test 
installations; includes additional updates to clarify appropriate test 
measurements, conditions, settings, and setup requirements; establishes 
provisions for the voluntary measurement of potable water use; and 
updates calculation instructions. The following paragraphs discuss 
DOE's determination of any impacts on testing costs or measured 
performance resulting from these amendments.
a. Testing Cost Impacts
i. Per-Test Cost
    In the January 2012 final rule, DOE estimated a per-test cost of 
$5,000 to $7,500 for the current ACIM test procedure. 77 FR 1591, 1610. 
In the December 2021 NOPR, DOE initially determined that the low end of 
that range, or $5,000, is representative of current ACIM per test cost. 
86 FR 72322, 72352.
    As discussed in section III.D.2, the current test procedure 
requires multiple cycles to determine stability, after which additional 
cycles are performed to measure performance. In this final rule, DOE 
references the updated version of ASHRAE Standard 29-2015, which 
includes updated stabilization requirements, and expressly requires 
that the cycles or samples used for the capacity test are stable, thus 
eliminating the need to perform separate cycles for meeting the 
stability criteria and for testing performance (i.e., reducing the 
total number of cycles required for testing). For batch ice makers, 
this amendment will eliminate the need for testing two cycles prior to 
the test. For continuous ice makers, this amendment will eliminate the 
need for measuring three consecutive 14.4 min samples taken within a 
1.5-hour period prior to the test.
    In the December 2021 NOPR, DOE estimated that total ice maker test 
duration, including set up, pull-down, and test operation currently 
requires 8 hours. 86 FR 72322, 72352. Under the amended approach, 
consistent with the December 2021 NOPR, DOE estimates that the total 
test time will decrease by approximately 1 hour, representing a 12.5-
percent reduction in test duration. Taking overhead costs into account, 
consistent with the December 2021 NOPR, DOE estimates that the proposed 
stabilization requirement will decrease the test cost by approximately 
6 percent, or $300 per test based on the initial $5,000 per-test 
estimate. Because DOE requires manufacturers to test at least two units 
per model to certify performance, testing will cost manufacturers 
approximately $600 less per basic model for all future basic models 
tested in accordance with this amended test procedure, resulting in a 
total test cost of $9,400 per basic model.\39\
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    \39\ Based on a new per-test cost of $4,700.
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    In response to the December 2021 NOPR, Hoshizaki commented that the 
use of test cycles to confirm stability is already done, so no 
additional cost is associated. (Hoshizaki, No. 14, p. 7)
    AHRI commented that stability should be determined in accordance 
with ASHRAE Standard 29 Provisions to avoid any incurred cost to 
testing. (AHRI, No. 13, p. 10)
    IOM commented that DOE's proposal to further restrict the 
definition of ``stability'' has the potential to increase burden and 
cost, as all test cycles must have ice harvest rates within 2% rather 
than consecutive test cycles. (IOM, No. 11, p. 3)
    AHAM commented that DOE deviated from ASHRAE and AHRI standards in 
some ways in order to create a test procedure that could be applicable 
to residential products but that the proposed test and its deviations 
are unworkable, unrealistic, and burdensome given the way residential 
appliance manufacturers carry out testing and the test facilities 
residential ice maker manufacturers have. (AHAM, No. 18, p. 9) AHAM 
also stated that since the proposed test requires complete attention to 
the test once it starts, the technician must be dedicated to this test 
due to the time requirements of 15 minutes for the fill, plus-or-minus 
nine seconds to empty the bin, and the five minute requirement to start 
the next test. (AHAM, No. 18, p. 13-14) AHAM states that this is a 
burdensome requirement because it will require active monitoring by the 
test technician as opposed to a test that can be largely automated, 
which may require manufacturers to hire additional technicians. Id.
    DOE acknowledges the comment regarding the potential for the 
amended stability requirements to increase burden and cost. Although it 
is possible a test unit will require additional cycles to meet the 
amended stability requirements, based on investigative testing using 
the amended stability requirements, DOE observed that the average 
number of cycles or samples required to reach stability was 3.0 based 
on a sample of 39 batch ACIM tests and 6 continuous ACIM tests which 
indicates that unstable operation would represent a minority of tests 
conducted. DOE estimates that the total test time will decrease by 
approximately 1 hour, representing a 12.5-percent reduction in

[[Page 65894]]

test duration, for the majority of tests conducted. The amended 
stability requirements address unstable operation to ensure repeatable 
and reproducible test results.
    DOE reaffirms its determination that testing will cost 
manufacturers approximately $600 less per basic model for all future 
basic models tested in accordance with this amended test procedure, as 
compared to the existing test procedure. DOE recognizes that testing 
does require facilities and technician labor, and maintains the cost 
estimate of $4,700 per individual test or $9,400 when testing to 
certify performance of a basic model (requiring at least two test 
units).
ii. One-Time Cost
    As discussed in section III.D.3.a, this final rule implements a 
relative humidity test condition.
    In the December 2021 NOPR, DOE estimated the one-time cost for 
purchasing relative humidity controls to range from $1,000 to $5,000, 
depending on the method that is chosen. 86 FR 72322, 72353. DOE 
estimated that the purchase and installation of a humidifier boiler 
with modulating valves that releases steam on the wall to control 
relative humidity costs $5,000, although less expensive options could 
be used, such as a dedicated coil with reheat, steam generators, 
humidifiers, and dehumidifiers. Id. In addition, DOE also estimated 
that instrumentation to measure relative humidity at an accuracy of 
2 percent costs around $500.\40\ Id.
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    \40\ For example, see Campbell Scientific model EE181-L at 
www.campbellsci.com/ee181-l.
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    Hoshizaki and AHRI stated that upgrading facilities for water 
hardness and relative humidity could incur significant facility upgrade 
costs. (Hoshizaki, No. 14, p. 8; AHRI, No. 13, p. 10-11) AHAM stated 
that the relative humidity requirement is unduly burdensome for 
manufacturers. (AHAM, No. 18, p. 12-13) AHAM commented that unless the 
test chamber was initially designed with dehumidification capabilities 
and appropriately sealed, there is a significant investment to achieve 
the 35.0  5.0 percent levels required in the proposed test 
procedure. Id. Residential ice maker manufacturers have not built test 
chambers with these capabilities in mind and, thus, this provision 
would likely require all manufacturers to overhaul their test 
facilities. Id.
    Hoshizaki stated that extending tests for purge water and/or 
standby energy would require additional test time that would hamper 
design cycles. (Hoshizaki, No. 14, p. 8)
    This final rule does not implement water hardness requirements as 
proposed in the December 2021 NOPR. Similarly, this final rule does not 
directly account for energy or water used during intermittent flush or 
purge cycles nor accounts for standby or ice storage energy use. 
Regarding humidity controls, DOE has reviewed and maintains its 
estimates from the December 2021 NOPR regarding the costs associated 
with purchasing relative humidity controls and instrumentation, as 
described in this section.
    As discussed in section III.A, this final rule expands the scope of 
the test procedure to include low-capacity ACIMs. This final rule 
incorporates additional test procedure requirements to ensure 
appropriate testing of low-capacity ACIMs, as discussed in section 
III.D.1. In the December 2021 NOPR, DOE requested comment on any 
expected costs associated with the proposed amendment to expand test 
procedure scope to include low-capacity ACIMs. 86 FR 72322, 72353. 
Specifically, DOE requested comment on whether any manufacturers are 
currently making representations of low-capacity ACIM energy 
consumption based on test methods that would produce measures of 
performance that would be inconsistent with the existing DOE test 
procedure or the test procedure for low-capacity ACIMs as proposed in 
the December 2021 NOPR. 86 FR 72322, 72353-72354.
    DOE stated in the December 2021 NOPR that based on a review of low-
capacity ACIMs available on the market, DOE preliminarily determined 
that manufacturers either make no claims regarding the energy 
consumption of their low-capacity ACIM models, or currently specify 
energy consumption in accordance with the existing DOE test procedure 
(and referenced industry standards). DOE stated that it expects that 
the manufacturers currently electing to make no claims regarding low-
capacity ACIM energy consumption will continue to do so even after a 
test procedure is established.
    In response to the December 2021 NOPR, Hoshizaki commented there 
are representations of low-capacity ACIM energy consumption. 
(Hoshizaki, No. 14, p. 8) However, Hoshizaki and AHRI commented that 
low-capacity ACIMs were not included in the scope for DOE's 2010 or 
2018 ACIM energy conservation standards. (Hoshizaki, No. 14, p. 8; 
AHRI, No. 13, p. 11) AHRI urged DOE to exclude low-capacity units until 
they are included into the appropriate method of test because including 
these units would require significant testing to factor the energy use 
and any changes to meet the current standards designed for units above 
50 pounds. (AHRI, No. 13, p. 11)
    Hoshizaki requested that this be brought up in the ASHRAE 29 
standard committee to discuss test method options for low-capacity 
ACIMs. (Hoshizaki, No. 14, p. 8)
    As discussed, DOE estimates that the amended test procedure has a 
per-test cost of $4,700, and that testing two basic models for 
certification purposes would have a total cost of $9,400. To the extent 
that manufacturers are currently voluntarily making representations of 
low-capacity ACIM energy consumption based on test methods inconsistent 
with the DOE test procedure as amended by this final rule, such 
manufacturers would incur a one-time cost of $9,400 per basic model to 
make voluntary representations consistent with the DOE test procedure 
as amended by this final rule.
    Low-capacity ACIMs are not currently subject to DOE testing or 
energy conservation standards. Manufacturers will not be required to 
test low-capacity ACIMs until such time as the compliance date for any 
newly established energy conservation standards for such equipment. 
Under the amended test procedure, were a manufacturer to choose to make 
representations of the energy efficiency or energy use of a low-
capacity ACIM, beginning 360 days after publication of the final rule 
in the Federal Register, manufacturers would be required to base such 
representations on the DOE test procedure. (42 U.S.C. 6314(d)(1))
b. Impact on Measured Performance
    DOE expects that any impact from the other amendments to the 
measured efficiency of certified ACIMs is de minimis as compared to the 
current test procedure, as discussed in detail for each proposal in 
section III in this final rule. The amendments will generally improve 
representativeness, repeatability, and reproducibility of DOE's test 
procedure. Additionally, certain amendments will also incorporate test 
requirements consistent with DOE guidance or test procedure waivers 
already in effect for testing ACIMs.
    Specifically, DOE incorporated the following amendments: (1) 
updating references to the latest versions of the relevant industry 
standards (see section III.C); (2) clarifying stabilization criteria; 
(3) incorporating a test condition for relative humidity and a 
clarification regarding water pressure (see section

[[Page 65895]]

III.D.3); (4) establishing and clarifying test setup and setting 
requirements (see section III.D.4); (5) specifying a voluntary 
measurement of potable water use (see section III.D.8); and (6) 
including revisions to test sample calculations and enforcement 
provisions (see section III.E).
    In response to the December 2021 NOPR, Hoshizaki and AHRI commented 
that addressing all the proposed amendments would necessitate retesting 
most ACIM units, placing undue burden on manufacturers. (Hoshizaki, No. 
14, p. 8; AHRI, No. 13, p. 10-11) Hoshizaki added that the proposals 
would require testing of 190 models with multiple samples of each. 
(Hoshizaki, No. 14, p. 8)
    DOE does not agree with Hoshizaki and AHRI's assertions that the 
amended test procedure would necessitate retesting most ACIM units. As 
this final rule discusses within each relevant section, DOE expects 
that any impact on measured performance from these amendments is 
expected to be de minimis as compared to the current test procedure. 
Equipment with no measurable change to energy use under the amended 
test procedure would not need to be retested. To the extent that a 
manufacturer determines that a particular test procedure amendment 
would impact the existing measured energy use for a specific basic 
model, DOE estimates a re-testing cost of $9,400 per basic model.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle. 10 CFR 431.4; section 8(c) of appendix A to subpart 
C of part 430. In cases where the industry standard does not meet EPCA 
statutory criteria for test procedures, DOE will make modifications 
through the rulemaking process to these standards and incorporate the 
modified standard as the DOE test procedure.
    The test procedure for ACIMs at 10 CFR 431.134 incorporates by 
reference certain provisions of AHRI Standard 810-2007 and ASHRAE 
Standard 29-2009. DOE references 810-2007 for definitions and test 
procedure requirements. DOE references ASHRAE Standard 29-2009 for test 
procedure requirements and ice hardness factor calculations. In January 
2018, AHRI released an updated version of the 810 Standard which DOE 
evaluated as part of this rulemaking. In January 2015, ASHRAE released 
an updated version of the 29 Standard which DOE evaluated as part of 
this rulemaking. The industry standards DOE is incorporating by 
reference via amendments described in this final rule are discussed in 
further detail in section IV.N.

G. Effective and Compliance Dates

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 360 days after publication of the final rule in the Federal 
Register. (42 U.S.C. 6314(d)(1)) EPCA provides an allowance for 
individual manufacturers to petition DOE for an extension of the 360-
day period if the manufacturer may experience undue hardship in meeting 
the deadline. (42 U.S.C. 6314(d)(2)) To receive such an extension, 
petitions must be filed with DOE no later than 60 days before the end 
of the 360-day period and must detail how the manufacturer will 
experience undue hardship. (Id.) To the extent the modified test 
procedure adopted in this final rule is required only for the 
evaluation and issuance of updated efficiency standards, compliance 
with the amended test procedure does not require use of such modified 
test procedure provisions until the compliance date of updated 
standards.
    Upon the compliance date of test procedure provisions in this final 
rule any waivers that had been previously issued and are in effect that 
pertain to issues addressed by such provisions are terminated. 10 CFR 
431.404(h)(3). Recipients of any such waivers are required to test the 
products subject to the waiver according to the amended test procedure 
as of the compliance date of the amended test procedure. The amendments 
adopted in this document pertain to issues addressed by a waiver 
granted to Hoshizaki in Case No. 2020-001. 85 FR 68315.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011), 
requires agencies, to the extent permitted by law, to (1) propose or 
adopt a regulation only upon a reasoned determination that its benefits 
justify its costs (recognizing that some benefits and costs are 
difficult to quantify); (2) tailor regulations to impose the least 
burden on society, consistent with obtaining regulatory objectives, 
taking into account, among other things, and to the extent practicable, 
the costs of cumulative regulations; (3) select, in choosing among 
alternative regulatory approaches, those approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages; distributive impacts; and equity); 
(4) to the extent feasible, specify performance objectives, rather than 
specifying the behavior or manner of compliance that regulated entities 
must adopt; and (5) identify and assess available alternatives to 
direct regulation, including providing economic incentives to encourage 
the desired behavior, such as user fees or marketable permits, or 
providing information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities.

[[Page 65896]]

As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. DOE has concluded that this rule would not have a significant 
impact on a substantial number of small entities. The factual basis for 
this certification is as follows: The Small Business Administration 
(``SBA'') considers a business entity to be a small business, if, 
together with its affiliates, it employs less than a threshold number 
of workers specified in 13 CFR part 121. The size standards and codes 
are established by the 2017 North American Industry Classification 
System (``NAICS'').
    ACIM manufacturers are classified under NAICS code 333415, ``Air-
conditioning and Warm Air Heating Equipment and Commercial and 
Industrial Refrigeration Equipment Manufacturing,'' which includes ice-
making machinery manufacturing.\41\ The SBA sets a threshold of 1,250 
employees or fewer for an entity to be considered as a small business. 
This employee threshold includes all employees in a business's parent 
company and any other subsidiaries.
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    \41\ The SBA Size Standards are available at: www.sba.gov/document/support-table-size-standards (last accessed June 2, 2022).
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    DOE conducted a focused inquiry into small business manufacturers 
of the equipment covered by this rulemaking. To identify companies that 
import or otherwise manufacture ACIMs with harvest rates greater than 
50 lb/24h, DOE expanded on the analysis conducted for the December 2021 
NOPR. This updated analysis included a review of DOE's Compliance 
Certification Database (``CCD''),\42\ California Energy Commission's 
Modernized Appliance Efficiency Database System (``MAEDbS''),\43\ the 
Air-Conditioning, Heating, and Refrigeration Institute's (``AHRI's'') 
Directory of Certified Product Performance,\44\ and retailer websites. 
DOE relied on retailer websites and other public sources to identify 
companies that import or otherwise manufacture low-capacity ACIMs, 
consistent with the December 2021 NOPR. Since the December 2021 NOPR, 
and consistent with the approach detailed in the Preliminary Analysis 
Technical Support Document published on March 24, 2022,\45\ DOE 
conducted additional research to determine which companies selling 
ACIMs in the United States are original equipment manufacturers 
(``OEMs'') of the equipment covered by this rulemaking. Using publicly 
available information from manufacturer websites, import and export 
data (e.g., bills of lading from Panjiva) \46\ and basic model numbers, 
DOE identified 22 ACIM OEMs.
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    \42\ U.S. Department of Energy Compliance Certification 
Database, available at: www.regulations.doe.gov/certification-data/products.html#q=Product_Group_s%3A* (last accessed November 11, 
2021).
    \43\ California Energy Commission. Modernized Appliance 
Efficiency Database System. Available at: 
cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx (accessed 
November 17, 2021).
    \44\ The Air Conditioning, Heating, and Refrigeration Institute. 
Directory of Certified Product Performance. Available at: 
www.ahridirectory.org/ (accessed November 17, 2021).
    \45\ ``2022-03 Technical Support Document: Energy Efficiency 
Program For Consumer Products And Commercial And Industrial 
Equipment: Automatic Commercial Ice Makers.'' See chapter 12, 
section 12.3.3 (published on March 24, 2022). Available at: 
www.regulations.gov/document/EERE-2017-BT-STD-0022-0009.
    \46\ Panjiva. S&P Global Supply Chain Intelligence. Available 
at: panjiva.com/import-export/United-States (last accessed June 5, 
2022).
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    DOE then consulted publicly available data, such as individual 
company websites and subscription-based market research tools (e.g., 
Dun & Bradstreet) \47\ to determine company location, headcount, and 
annual revenue. DOE screened out companies that do not offer equipment 
covered by this rulemaking, do not meet the SBA's definition of a 
``small business,'' or are foreign-owned and operated. Of the 22 OEMs 
identified, DOE determined that two domestic OEMs qualify as ``small 
businesses.'' DOE estimates that one small OEM has an annual revenue of 
approximately $11.2 million and the other has an annual revenue of 
approximately $186.5 million.
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    \47\ The Dun & Bradstreet Hoovers subscription login is 
accessible at: /app.dnbhoovers.com/ (last accessed June 2, 2022).
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    Consistent with its preliminary determination in the December 2021 
NOPR, DOE does not expect small domestic ACIM OEMs to incur costs as a 
result of the amended test procedure. However, in the event that any 
test facilities require upgrade to meet the amended test conditions for 
relative humidity, DOE has estimated the costs of this potential 
upgrade to be $5,500, as discussed in section III.F.1.a of this final 
rule.\48\ DOE estimates that this potential cost would represent less 
than 0.1 percent of annual revenues for both identified small 
businesses.
---------------------------------------------------------------------------

    \48\ DOE estimates the cost for purchasing relative humidity 
controls to range from $1,000 to $5,000, depending on the method 
that is chosen, and an additional cost of $500 for a relative 
humidity sensor.
---------------------------------------------------------------------------

    In response to the December 2021 NOPR, Hoshizaki commented that the 
proposed changes would necessitate re-testing of ACIM models by many 
manufacturers. Hoshizaki suggested that small entities may not have the 
means to test their models in house and would have to send units to 
test at third party labs. (Hoshizaki, No. 14, p. 8) AHRI noted that the 
changes outlined in the December 2021 NOPR would necessitate retesting 
of existing models and would therefore ``most definitely place undue 
burden and additional cost on OEMs.'' Specifically, they stated that 
the humidity control requirement would require retesting of every model 
and would also necessitate facility upgrade costs. AHRI also asserted 
that this requirement may limit the ability to find external test labs 
with appropriate test chambers and thereby disadvantage small entities 
who do not have the means to test in house and would be subject to 
scheduling at third party testing facilities. AHRI noted that the costs 
associated with the proposal ``would not be miniscule'' and such 
testing would not be advantageous with all the third-party testing 
needed to verify safety for ACIM's that are changing to flammable 
refrigerants. AHRI also noted that the proposed 3-foot side clearance 
requirement could also impact the ability of small entities 
participating in this market. (AHRI, No. 13, p. 11)
    As detailed in section III.F.1 of this final rule, DOE expects that 
the impact from these amendments to the measured efficiency of 
certified ACIMs is expected to be de minimis as compared to the current 
test procedure. DOE expects that it is unlikely that a substantial 
portion of ACIM units would need to be retested or recertified as a 
result of this final rule, and therefore that manufacturers will be 
able to rely on data generated under the existing test procedure. If a 
manufacturer re-tests models according to the amended test procedure, 
DOE estimates a testing cost of $9,400 per re-rated basic model.\49\ 
DOE notes that the small OEM with an annual revenue of approximately 
$11.2 million offers four basic models. The other small OEM

[[Page 65897]]

with an annual revenue of approximately $186.5 million offers two basic 
models.\50\ Therefore, DOE expects that any re-testing would account 
for less than 0.1 percent of each company's annual revenue.\51\
---------------------------------------------------------------------------

    \49\ Based on the $5,000 per unit test cost estimate and the 
$300 savings due to the stability criteria, as detailed in this 
final rule. Each basic model is tested twice: ($5,000-$300) x 2 = 
$9,400.
    \50\ DOE used the estimated annual revenue figures from the Dun 
& Bradstreet Hoovers subscription-based market research tool. The 
Dun & Bradstreet login is accessible at: /app.dnbhoovers.com/ (last 
accessed June 2, 2022).
    \51\ One small OEM may incur testing costs of $37,600, if they 
choose to re-test their 4 models according to the amended test 
procedure. (4 x $9,400 = $37,600) The other small OEM may incur 
testing costs of $18,800, if they choose to re-test their 2 models 
according to the amended test procedure. (2 x $9,400 = $18,800)
---------------------------------------------------------------------------

    Therefore, DOE concludes that the cost effects accruing from the 
final rule would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of a 
FRFA is not warranted. DOE has submitted a certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the 
Small Business Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of ACIMs must certify to DOE that their products 
comply with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including ACIMs. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (PRA). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    DOE is not amending the certification or reporting requirements for 
ACIMs in this final rule. Instead, DOE may consider proposals to amend 
the certification requirements and reporting for ACIMs under a separate 
rulemaking regarding appliance and equipment certification. DOE will 
address changes to OMB Control Number 1910-1400 at that time, as 
necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for ACIMs. DOE has determined that this rule 
falls into a class of actions that are categorically excluded from 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the National Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is 
required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. (Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531)). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The

[[Page 65898]]

UMRA also requires a Federal agency to develop an effective process to 
permit timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant intergovernmental mandate,'' 
and requires an agency plan for giving notice and opportunity for 
timely input to potentially affected small governments before 
establishing any requirements that might significantly or uniquely 
affect small governments. On March 18, 1997, DOE published a statement 
of policy on its process for intergovernmental consultation under UMRA. 
62 FR 12820; also available at www.energy.gov/gc/office-general-counsel. DOE examined this final rule according to UMRA and its 
statement of policy and determined that the rule contains neither an 
intergovernmental mandate, nor a mandate that may result in the 
expenditure of $100 million or more in any year, so these requirements 
do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the test procedure for ACIMs adopted in this 
final rule incorporates testing methods contained in certain sections 
of the following commercial standards: AHRI Standard 810 (I-P)-2016 
with Addendum 1 and ASHRAE Standard 29-2015. DOE has evaluated these 
standards and is unable to conclude whether it fully complies with the 
requirements of section 32(b) of the FEAA (i.e., whether it was 
developed in a manner that fully provides for public participation, 
comment, and review.) DOE has consulted with both the Attorney General 
and the Chairman of the FTC about the impact on competition of using 
the methods contained in these standards and has received no comments 
objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    DOE incorporates by reference the following standards:
    AHRI Standard 810 (I-P)-2016 with Addendum 1. Specifically, the 
test procedure codified by this final rule references section 3, 
``Definitions,'' section 4, ``Test Requirements,'' and section 5.2, 
``Standard Ratings''. AHRI Standard 810 (I-P)-2016 with Addendum 1 is 
an industry-accepted standard that provides a method to rate the 
performance of automatic commercial ice makers.
    AHRI standards are reasonably available from the Air-Conditioning, 
Heating, and Refrigeration Institute, 2111 Wilson Blvd., Suite 500, 
Arlington, VA 22201, 703-524-8800, [email protected], or 
www.ahrinet.org.
    ASHRAE Standard 29-2015. ASHRAE Standard 29-2015 is an industry-
accepted standard that provides a method of test to measure the 
performance of automatic commercial ice makers.
    Copies of ASHRAE standards are reasonably available from the 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329, (404) 636-
8400, [email protected], or www.ashrae.org.

[[Page 65899]]

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, Incorporation by 
reference, Reporting and recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on October 6, 
2022, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
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 18, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons stated in the preamble, DOE amends parts 429 and 
431 of chapter II of title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Amend Sec.  429.45 by revising paragraph (a)(2) and adding paragraph 
(a)(3) to read as follows:


Sec.  429.45   Automatic commercial ice makers.

    (a) * * *
    (2) For each basic model of automatic commercial ice maker selected 
for testing, a sample of sufficient size shall be randomly selected and 
tested to ensure that any represented value of energy use, condenser 
water use, or other measure of consumption of a basic model for which 
consumers would favor lower values shall be greater than or equal to 
the higher of:
    (i) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR01NO22.001
    
    And, x is the sample mean; n is the number of samples; and 
xi is the ith sample; or,
    (ii) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.10, where:
[GRAPHIC] [TIFF OMITTED] TR01NO22.002

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.95 is the t statistic for a 95 
percent two-tailed confidence interval with n-1 degrees of freedom 
(from appendix A to this subpart).
    (3) The harvest rate of a basic model is the mean of the measured 
harvest rates for each tested unit of the basic model, based on the 
same tests to determine energy use and condenser water use, if 
applicable. Round the mean harvest rate to the nearest pound of ice per 
24 hours (lb/24 h) for harvest rates above 50 lb/24 h; round the mean 
harvest rate to the nearest 0.1 lb/24 h for harvest rates less than or 
equal to 50 lb/24 h.
* * * * *

0
3. Amend Sec.  429.134 by adding paragraph (w) to read as follows:


Sec.  429.134   Product-specific enforcement provisions.

* * * * *
    (w) Automatic commercial ice makers--verification of harvest rate. 
The harvest rate will be measured pursuant to the test requirements of 
10 CFR part 431 for each unit tested. The results of the measurement(s) 
will be averaged and compared to the value of harvest rate certified by 
the manufacturer of the basic model. The certified harvest rate will be 
considered valid only if the average measured harvest rate is within 
five percent of the certified harvest rate.
    (1) If the certified harvest rate is found to be valid, the 
certified harvest rate will be used as the basis for determining the 
maximum energy use and maximum condenser water use, if applicable, 
allowed for the basic model.
    (2) If the certified harvest rate is found to be invalid, the 
average measured harvest rate of the units in the sample will be used 
as the basis for determining the maximum energy use and maximum 
condenser water use, if applicable, allowed for the basic model.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
4. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
5. Amend Sec.  431.132 by:
0
a. Adding a definition in alphabetical order for ``Baffle'';
0
b. Revising the definition of ``Batch type ice maker'';
0
c. Adding a definition in alphabetical order for ``Condenser water 
use'';
0
d. Removing the definition of ``Cube type ice'';
0
e. Revising the definition of ``Energy use'';
0
f. Removing the definition of ``Maximum condenser water use''; and
0
g. Adding definitions in alphabetical order for ``Portable automatic 
commercial ice maker'', ``Potable water use'', and ``Refrigerated 
storage automatic commercial ice maker''.
    The additions and revisions read as follows:


Sec.  431.132   Definitions concerning automatic commercial ice makers.

* * * * *
    Baffle means a partition (usually made of flat material like 
cardboard, plastic, or sheet metal) that reduces or prevents 
recirculation of warm air from an ice maker's air outlet to its air 
inlet--or, for remote condensers, from the condenser's air outlet to 
its inlet.
* * * * *
    Batch type ice maker means an ice maker having alternate freezing 
and harvesting periods.
    Condenser water use means the total amount of water used by the 
condensing unit (if water-cooled), stated in gallons per 100 pounds 
(gal/100 lb) of ice, in multiples of 1.
* * * * *
    Energy use means the total energy consumed, stated in kilowatt 
hours per one-hundred pounds (kWh/100 lb) of ice, in multiples of 0.01. 
For remote condensing (but not remote compressor) automatic commercial 
ice makers and remote condensing and remote

[[Page 65900]]

compressor automatic commercial ice makers, total energy consumed shall 
include the energy use of the ice-making mechanism, the compressor, and 
the remote condenser or condensing unit.
* * * * *
    Portable automatic commercial ice maker means an automatic 
commercial ice maker that does not have a means to connect to a water 
supply line and has one or more reservoirs that are manually supplied 
with water.
    Potable water use means the amount of potable water used in making 
ice, which is equal to the sum of the ice harvested, dump or purge 
water, and the harvest water, expressed in gal/100 lb, in multiples of 
0.1, and excludes any condenser water use.
    Refrigerated storage automatic commercial ice maker means an 
automatic commercial ice maker that has a refrigeration system that 
actively refrigerates the self-contained ice storage bin.
* * * * *

0
6. Revise Sec.  431.133 to read as follows:


Sec.  431.133   Materials incorporated by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the U.S. Department of Energy 
(DOE) must publish a document in the Federal Register and the material 
must be available to the public. All approved incorporation by 
reference (IBR) material is available for inspection at DOE and at the 
National Archives and Records Administration (NARA). Contact DOE at: 
the U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Building Technologies Program, Sixth Floor, 950 
L'Enfant Plaza SW, Washington, DC 20024, (202)-586-9127, 
[email protected], www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the following sources:
    (a) AHRI. Air-Conditioning, Heating, and Refrigeration Institute, 
2111 Wilson Blvd., Suite 500, Arlington, VA 22201; (703) 524-8800; 
[email protected]; www.ahrinet.org.
    (1) AHRI Standard 810 (I-P)-2016 with Addendum 1, Performance 
Rating of Automatic Commercial Ice-Makers, January 2018; IBR approved 
for Sec.  431.134.
    (2) [Reserved]
    (b) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329; 
(404) 636-8400; [email protected]; www.ashrae.org.
    (1) ANSI/ASHRAE Standard 29-2015, Method of Testing Automatic Ice 
Makers, approved April 30, 2015; IBR approved for Sec.  431.134.
    (2) [Reserved]

0
7. Revise Sec.  431.134 to read as follows:


Sec.  431.134   Uniform test methods for the measurement of harvest 
rate, energy consumption, and water consumption of automatic commercial 
ice makers.

    Note 1 to Sec.  431.134.  On or after October 27, 2023, any 
representations, including certifications of compliance for 
automatic commercial ice makers, made with respect to the energy use 
or efficiency of automatic commercial ice makers must be made in 
accordance with the results of testing pursuant to this section. 
Prior to October 27, 2023, any representations with respect to 
energy use or efficiency of automatic commercial ice makers must be 
made either in accordance with the results of testing pursuant to 
this section or with the results of testing pursuant to this section 
as it appeared in 10 CFR 431.134 in the 10 CFR parts 200-499 edition 
revised as of January 1, 2022.

    (a) Scope. This section provides the test procedures for measuring 
the harvest rate in pounds of ice per 24 hours (lb/24 h), energy use in 
kilowatt hours per 100 pounds of ice (kWh/100 lb), and the condenser 
water use in gallons per 100 pounds of ice (gal/100 lb) of automatic 
commercial ice makers with capacities up to 4,000 lb/24 h. This section 
also provides voluntary test procedures for measuring the potable water 
use in gallons per 100 pounds of ice (gal/100 lb).
    (b) Testing and calculations. Measure the harvest rate, the energy 
use, the condenser water use, and, to the extent elected, the potable 
water use of each covered automatic commercial ice maker by conducting 
the test procedures set forth in AHRI Standard 810 (I-P)-2016 with 
Addendum 1, section 3, ``Definitions,'' section 4, ``Test 
Requirements,'' and section 5.2, ``Standard Ratings'' (incorporated by 
reference, see Sec.  431.133), and according to the provisions of this 
section. Use ANSI/ASHRAE Standard 29-2015 (incorporated by reference, 
see Sec.  431.133) referenced by AHRI Standard 810 (I-P)-2016 with 
Addendum 1 for all automatic commercial ice makers, except as noted in 
paragraphs (c) through (k) of this section. If any provision of the 
referenced test procedures conflicts with the requirements in this 
section or the definitions in Sec.  431.132, the requirements in this 
section and the definitions in Sec.  431.132 control.
    (c) Test setup and equipment configurations -- (1) Baffles. Conduct 
testing without baffles unless the baffle either is a part of the 
automatic commercial ice maker or shipped with the automatic commercial 
ice maker to be installed according to the manufacturer's installation 
instructions.
    (2) Clearances. Install all automatic commercial ice makers for 
testing according to the manufacturer's specified minimum rear 
clearance requirements, or with 3 feet of clearance from the rear of 
the automatic commercial ice maker, whichever is less, from the chamber 
wall. All other sides of the automatic commercial ice maker and all 
sides of the remote condenser, if applicable, shall have clearances 
according to section 6.5 of ANSI/ASHRAE Standard 29-2015.
    (3) Purge settings. Test automatic commercial ice makers equipped 
with automatic purge water control using a fixed purge water setting 
that is described in the manufacturer's written instructions shipped 
with the unit as being appropriate for water of normal, typical, or 
average hardness. Purge water settings described in the instructions as 
suitable for use only with water that has higher or lower than normal 
hardness (such as distilled water or reverse osmosis water) must not be 
used for testing.
    (4) Ambient conditions measurement--(i) Ambient temperature 
sensors. Measure all ambient temperatures according to section 6.4 of 
ANSI/ASHRAE Standard 29-2015, except as provided in paragraph 
(c)(4)(iv) of this section, with unweighted temperature sensors.
    (ii) Ambient relative humidity measurement. Except as provided in 
paragraph (c)(4)(iv) of this section, ambient relative humidity shall 
be measured at the same location(s) used to confirm ambient dry bulb 
temperature, or as close as the test setup permits. Ambient relative 
humidity shall be measured with an instrument accuracy of 2.0 percent.
    (iii) Ambient conditions sensors shielding. Ambient temperature and 
relative humidity sensors may be shielded if the ambient test 
conditions cannot be maintained within the specified tolerances because 
of warm discharge air from the condenser exhaust affecting the ambient 
measurements. If shields are used, the shields must not inhibit 
recirculation of the warm discharge air into the

[[Page 65901]]

condenser or automatic commercial ice maker inlet.
    (iv) Alternate ambient conditions measurement location. For 
automatic commercial ice makers in which warm air discharge from the 
condenser exhaust affects the ambient conditions as measured 1 foot in 
front of the air inlet, or automatic commercial ice makers in which the 
air inlet is located in the rear of the automatic commercial ice maker 
and the manufacturer's specified minimum rear clearance is less than or 
equal to 1 foot, the ambient temperature and relative humidity may 
instead be measured 1 foot from the cabinet, centered with respect to 
the sides of the cabinet, for any side of the automatic commercial ice 
maker cabinet with no warm air discharge or air inlet.
    (5) Collection container for batch type automatic commercial ice 
makers with harvest rates less than or equal to 50 lb/24 h. Use an ice 
collection container as specified in section 5.5.2(a) of ANSI/ASHRAE 
Standard 29-2015, except that the water retention weight of the 
container is no more than 4.0 percent of that of the smallest batch of 
ice for which the container is used.
    (d) Test conditions--(1) Relative humidity. Maintain an average 
minimum ambient relative humidity of 30.0 percent throughout testing.
    (2) Inlet water pressure. Except for portable automatic commercial 
ice makers, the inlet water pressure when water is flowing into the 
automatic commercial ice maker shall be within the allowable range 
within 5 seconds of opening the water supply valve.
    (e) Stabilization--(1) Percent difference calculation. Calculate 
the percent difference in the ice production rate between two cycles or 
samples using the following equation, where A and B are the harvest 
rates, in lb/24 h (for batch type ice makers) or lb/15 mins (for 
continuous type ice makers), of any cycles or samples used to determine 
stability:
[GRAPHIC] [TIFF OMITTED] TR01NO22.003

    (2) Automatic commercial ice makers with harvest rates greater than 
50lb/24 h. The three or more consecutive cycles or samples used to 
calculate harvest rate, energy use, condenser water use, and potable 
water use, must meet the stability criteria in section 7.1.1 of ANSI/
ASHRAE Standard 29-2015.
    (3) Automatic commercial ice makers with harvest rates less than or 
equal to 50 lb/24 h. The three or more consecutive cycles or samples 
used to calculate harvest rate, energy use, condenser water use, and 
potable water use, must meet the stability criteria in section 7.1.1 of 
ANSI/ASHRAE Standard 29-2015, except that the weights of the samples 
(for continuous type automatic commercial ice makers (ACIMs)) or 24-
hour calculated ice production (for batch type ACIMs) must not vary by 
more than 4 percent, and the 25 g (for continuous type 
ACIMs) and 1 kg (for batch type ACIMs) criteria do not apply.
    (f) Calculations. The harvest rate, energy use, condenser water 
use, and potable water use must be calculated by averaging the values 
for the three calculated samples for each respective reported metric as 
specified in section 9 of ANSI/ASHRAE Standard 29-2015. All 
intermediate calculations prior to the reported value, as applicable, 
must be performed with unrounded values.
    (g) Rounding. Round the reported values as follows: Harvest rate to 
the nearest 1 lb/24 h for harvest rates above 50 lb/24 h; harvest rate 
to the nearest 0.1 lb/24 h for harvest rates less than or equal to 50 
lb/24 h; condenser water use to the nearest 1 gal/100 lb; and energy 
use to the nearest 0.01 kWh/100 lb. Round final potable water use value 
to the nearest 0.1 gal/100 lb.
    (h) Continuous type automatic commercial ice makers--(1) Ice 
hardness adjustment--(i) Calorimeter constant. Determine the 
calorimeter constant according to the requirements in section A1 and A2 
of Normative Annex A Method of Calorimetry in ANSI/ASHRAE Standard 29-
2015, except that the trials shall be conducted at an ambient air 
temperature (room temperature) of 70 [deg]F  1 [deg]F, with 
an initial water temperature of 90 [deg]F  1 [deg]F. To 
verify the temperature of the block of pure ice as provided in section 
A2.e in ANSI/ASHRAE Standard 29-2015, a thermocouple shall be embedded 
at approximately the geometric center of the interior of the block. Any 
water that remains on the block of ice shall be wiped off the surface 
of the block before being placed into the calorimeter.
    (ii) Ice hardness factor. Determine the ice hardness factor 
according to the requirements in section A1 and A3 of Normative Annex A 
Method of Calorimetry in ANSI/ASHRAE Standard 29-2015, except that the 
trials shall be conducted at an ambient air temperature (room 
temperature) of 70 [deg]F  1 [deg]F, with an initial water 
temperature of 90 [deg]F  1 [deg]F. The harvested ice used 
to determine the ice hardness factor shall be produced according to the 
test methods specified at Sec.  431.134. The ice hardness factor shall 
be calculated using the equation for ice hardness factor in section 
5.2.2 of AHRI Standard 810 (I-P)-2016 with Addendum 1.
    (iii) Ice hardness adjustment calculation. Determine the reported 
energy use and reported condenser water use by multiplying the measured 
energy use or measured condenser water use by the ice hardness 
adjustment factor, determined using the ice hardness adjustment factor 
equation in section 5.2.2 of AHRI Standard 810 (I-P)-2016 with Addendum 
1.
    (2) [Reserved]
    (i) Automatic commercial ice makers with automatic dispensers. 
Allow for the continuous production and dispensing of ice throughout 
testing. If an automatic commercial ice maker with an automatic 
dispenser is not able to continuously produce and dispense ice because 
of certain mechanisms within the automatic commercial ice maker that 
prohibit the continuous production and dispensing of ice throughout 
testing, those mechanisms must be overridden to the minimum extent 
which allows for the continuous production and dispensing of ice. The 
automatic commercial ice maker shall have an empty internal storage bin 
at the beginning of the test period. Collect capacity samples according 
to the requirements of ANSI/ASHRAE Standard 29-2015, except that the 
samples shall be collected through continuous use of the dispenser 
rather than in the internal storage bin. The intercepted ice samples 
shall be obtained from a container in an external ice bin that is 
filled one-half full of ice and is connected to the outlet of the ice 
dispenser through the minimal length of conduit that can be used.
    (j) Portable automatic commercial ice makers. Sections 5.4, 5.6, 
6.2, and 6.3 of ANSI/ASHRAE Standard 29-2015 do not apply. Ensure that 
the ice storage bin is empty prior to the initial potable water 
reservoir fill. Fill an external container with water to be supplied to

[[Page 65902]]

the portable automatic commercial ice maker water reservoir. Establish 
an initial water temperature of 70 [deg]F  1.0 [deg]F. 
Verify the initial water temperature by inserting a temperature sensor 
into approximately the geometric center of the water in the external 
container. Immediately after establishing the initial water 
temperature, fill the ice maker water reservoir to the maximum level of 
potable water as specified by the manufacturer. After the potable water 
reservoir is filled, operate the portable automatic commercial ice 
maker to produce ice into the ice storage bin until the bin is one-half 
full. One-half full for the purposes of testing portable automatic 
commercial ice makers means that half of the vertical dimension of the 
ice storage bin, based on the maximum ice fill level within the ice 
storage bin, is filled with ice. Once the ice storage bin is one-half 
full, conduct testing according to section 7 of ANSI/ASHRAE Standard 
29-2015. The potable water use is equal to the sum of the weight of ice 
and any corresponding melt water collected for the capacity test as 
specified in section 7.2 of ANSI/ASHRAE Standard 29-2015.
    (k) Self-contained refrigerated storage automatic commercial ice 
makers. For door openings, the door shall be in the fully open 
position, which means opening the ice storage compartment door to an 
angle of not less than 75 degrees from the closed position (or the 
maximum extent possible, if that is less than 75 degrees), for 10.0 
 1.0 seconds to collect the sample. Conduct door openings 
only for ice sample collection and returning the empty ice collection 
container to the ice storage compartment (i.e., conduct two separate 
door openings, one for removing the collection container to collect the 
ice and one for replacing the collection container after collecting the 
ice).

[FR Doc. 2022-22927 Filed 10-31-22; 8:45 am]
BILLING CODE 6450-01-P