Rules and Regulations. Temporary Final rule

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BILLING CODE 6450-01-P DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE-2008-BT-TP-0014] RIN 1904-AB85 Energy Conservation Program: Test Procedures for Walk-In Coolers and Walk-In Freezers Correction In rule document 2011-8690 appearing on pages 21579-21612 in the issue of Friday, April 15, 2011, the regulatory text is being republished below in its entirety due to errors in the equations. PART 431—[CORRECTED] On page 21604, in the third column, in the third paragraph from the top, the regulatory text should read as set forth below:

PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: Authority: 42 U.S.C. 6291-6317. 2. Section 431.302 is amended by adding, in alphabetical order, new definitions for “Display door,” “Display panel,” “Door”, “Envelope,” “K-factor,” “Panel,” “Refrigerated,” “Refrigeration system,” and “U-factor” to read as follows: § 431.302 Definitions concerning walk-in coolers and walk-in freezers. *Display door* means a door designed for product movement, display, or both, rather than the passage of persons. *Display panel* means a panel that is entirely or partially comprised of glass, a transparent material, or both and is used for display purposes. *Door* means an assembly installed in an opening on an interior or exterior wall that is used to allow access or close off the opening and that is movable in a sliding, pivoting, hinged, or revolving manner of movement.

For walk-in coolers and walk-in freezers, a door includes the door panel, glass, framing materials, door plug, mullion, and any other elements that form the door or part of its connection to the wall. *Envelope* means—

(1)The portion of a walk-in cooler or walk-in freezer that isolates the interior, refrigerated environment from the ambient, external environment; and

(2)All energy-consuming components of the walk-in cooler or walk-in freezer that are not part of its refrigeration system. *K-factor* means the thermal conductivity of a material. *Panel* means a construction component that is not a door and is used to construct the envelope of the walk-in, i.e., elements that separate the interior refrigerated environment of the walk-in from the exterior. *Refrigerated* means held at a temperature at or below 55 degrees Fahrenheit using a refrigeration system. *Refrigeration system* means the mechanism (including all controls and other components integral to the system's operation) used to create the refrigerated environment in the interior of a walk-in cooler or freezer, consisting of:

(1)A packaged dedicated system where the unit cooler and condensing unit are integrated into a single piece of equipment; or

(2)A split dedicated system with separate unit cooler and condensing unit sections; or

(3)A unit cooler that is connected to a multiplex condensing system. *U-factor* means the heat transmission in a unit time through a unit area of a specimen or product and its boundary air films, induced by a unit temperature difference between the environments on each side. 3. Section 431.303 is amended by: a. Redesignating paragraph

(b)as paragraph (c); b. Adding at the end of the sentence in redesignated paragraph (c)(1), “and Appendix A to Subpart R of Part 431”. c. Adding new paragraphs (b), (c)(2), (d), and

(e)to read as follows. § 431.303 Materials incorporated by reference.

(b)*AHRI.* Air-Conditioning, Heating, and Refrigeration Institute, 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201,

(703)600-0366, or *http://www.ahrinet.org.*

(1)AHRI 1250 (I-P)-2009, (“AHRI 1250”), 2009 Standard for Performance Rating of Walk-In Coolers and Freezers, approved 2009, IBR approved for § 431.304.

(2)[Reserved]

(c)* * *

(2)ASTM C1363-05, (“ASTM C1363”), Standard Test Method for Thermal Performance of Building Materials and Envelope Assemblies by Means of a Hot Box Apparatus, approved May 1, 2005, IBR approved for Appendix A to Subpart R of part 431.

(d)CEN. European Committee for Standardization (French: Norme or German: Norm), Avenue Marnix 17, B-1000 Brussels, Belgium, Tel: + 32 2 550 08 11, Fax: + 32 2 550 08 19 or *http://www.cen.eu/.*

(1)DIN EN 13164:2009-02, (“DIN EN 13164”), Thermal insulation products for buildings—Factory made products of extruded polystyrene foam (XPS)—Specification, approved February 2009, IBR approved for Appendix A to Subpart R of part 431.

(2)DIN EN 13165:2009-02, (“DIN EN 13165”), Thermal insulation products for buildings—Factory made rigid polyurethane foam

(PUR)products—Specification, approved February 2009, IBR approved for Appendix A to Subpart R of part 431.

(e)*NFRC.* National Fenestration Rating Council, 6305 Ivy Lane, Ste. 140, Greenbelt, MD 20770,

(301)589-1776, or *http://www.nfrc.org/.*

(1)NFRC 100-2010[E0A1], (“NFRC 100”), Procedure for Determining Fenestration Product U-factors, approved June 2010, IBR approved for Appendix A to Subpart R of part 431.

(2)[Reserved] 4. Section 431.304 is amended by redesignating paragraphs (b)(2), (b)(3), (b)(4), and (b)(5) as (b)(1), (b)(2), (b)(3), and (b)(4), respectively, and by adding new paragraphs (b)(5), (b)(6), (b)(7), and (b)(8) to read as follows. § 431.304 Uniform test method for the measurement of energy consumption of walk-in coolers and walk-in freezers.

(b)* * *

(5)Determine the U-factor, conduction load, and energy use of walk-in cooler and walk-in freezer display panels, floor panels, and non-floor panels by conducting the test procedure set forth in Appendix A to this subpart, sections 4.1, 4.2, and 4.3, respectively.

(6)Determine the energy use of walk-in cooler and walk-in freezer display doors and non-display doors by conducting the test procedure set forth in Appendix A to this subpart, sections 4.4 and 4.5, respectively.

(7)Determine the Annual Walk-in Energy Factor of walk-in cooler and walk-in freezer refrigeration systems by conducting the test procedure set forth in AHRI 1250 (incorporated by reference; see § 431.303).

(8)Determine the annual energy consumption of walk-in cooler and walk-in freezer refrigeration systems:

(i)For systems consisting of a packaged dedicated system or a split dedicated system, where the condensing unit is located outdoors, by conducting the test procedure set forth in AHRI 1250 and recording the annual energy consumption term in the equation for annual walk-in energy factor in section 7 of AHRI 1250: ER09JN11.000 where t j and n represent the outdoor temperature at each bin j and the number of hours in each bin *j,* respectively, for the temperature bins listed in Table D1 of AHRI 1250.

(ii)For systems consisting of a packaged dedicated system or a split dedicated system where the condensing unit is located in a conditioned space, by performing the following calculation: ER09JN11.001 where BL H and BL L for refrigerator and freezer systems are defined in sections 6.2.1 and 6.2.2, respectively, of AHRI 1250 and the annual walk-in energy factor is calculated from the results of the test procedures set forth in AHRI 1250.

(iii)For systems consisting of a single unit cooler or a set of multiple unit coolers serving a single piece of equipment and connected to a multiplex condensing system, by performing the following calculation: ER09JN11.002 where BL H and BL L for refrigerator and freezer systems are defined in section 7.9.2.2 and 7.9.2.3, respectively, of AHRI 1250 and the annual walk-in energy factor is calculated from the results of the test procedures set forth in AHRI 1250. 5. Appendix A to subpart R of part 431 is added to read as follows: Appendix A to Subpart R of Part 431—Uniform Test Method for the Measurement of Energy Consumption of the Components of Envelopes of Walk-In Coolers and Walk-In Freezers 1.0 Scope This appendix covers the test requirements used to measure the energy consumption of the components that make up the envelope of a walk-in cooler or walk-in freezer. 2.0 Definitions The definitions contained in § 431.302 are applicable to this appendix. 3.0 Additional Definitions *3.1 Automatic door opener/closer* means a device or control system that “automatically” opens and closes doors without direct user contact, such as a motion sensor that senses when a forklift is approaching the entrance to a door and opens it, and then closes the door after the forklift has passed. *3.2 Core region* means the part of the panel that is not the edge region. *3.3 Edge region* means a region of the panel that is wide enough to encompass any framing members and edge effects. If the panel contains framing members (e.g. a wood frame) then the width of the edge region must be as wide as any framing member plus 2 in. ± 0.25 in. If the panel does not contain framing members then the width of the edge region must be 4 in ± 0.25 in. For walk-in panels that utilize vacuum insulated panels

(VIP)for insulation, the width of the edge region must be the lesser of 4.5 in. ± 1 in. or the maximum width that does not cause the VIP to be pierced by the cutting device when the edge region is cut. *3.4 Surface area* means the area of the surface of the walk-in component that would be external to the walk-in. For example, for panel, the surface area would be the area of the side of the panel that faces the outside of the walk-in. It would not include edges of the panel that are not exposed to the outside of the walk-in. *3.5 Rating conditions* means, unless explicitly stated otherwise, all conditions shown in Table A.1. For installations where two or more walk-in envelope components share any surface(s), the “external conditions” of the shared surface(s) must reflect the internal conditions of the adjacent walk-in. For example, if a walk-in component divides a walk-in freezer from a walk-in cooler, then the internal conditions are the freezer rating conditions and the external conditions are the cooler rating conditions. *3.6 Percent time off (PTO)* means the percent of time that an electrical device is assumed to be off. Table A.1—Temperature Conditions Internal Temperatures (cooled space within the envelope) Cooler Dry Bulb Temperature 35 °F. Freezer Dry Bulb Temperature −10 °F. External Temperatures (space external to the envelope) Freezer and Cooler Dry Bulb Temperatures 75 °F. Subfloor Temperatures Freezer and Cooler Dry Bulb Temperatures 55 °F. 4.0 Calculation Instructions *4.1* Display Panels

(a)Calculate the U-factor of the display panel in accordance with section 5.3 of this appendix, Btu/h-ft 2 -°F.

(b)Calculate the display panel surface area, as defined in section 3.4 of this appendix, A dp , ft 2 , with standard geometric formulas or engineering software.

(c)Calculate the temperature differential, ΔT dp , °F, for the display panel, as follows: ER09JN11.003 Where: T DB,ext,dp = dry-bulb air external temperature, °F, as prescribed in Table A.1; and T DB,int,dp = dry-bulb air temperature internal to the cooler or freezer, °F, as prescribed in Table A.1.

(d)Calculate the conduction load through the display panel, Q cond-dp , Btu/h, as follows: ER09JN11.004 Where: A dp = surface area of the walk-in display panel, ft 2 ; ΔT dp = temperature differential between refrigerated and adjacent zones, °F; and U dp = thermal transmittance, U-factor, of the display panel in accordance with section 5.3 of this appendix, Btu/h-ft 2 -°F.

(e)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/W-h

(2)For freezers, use EER = 6.3 Btu/W-h

(f)Calculate the total daily energy consumption, E dp , kWh/day, as follows: ER09JN11.005 Where: Q cond, dp = the conduction load through the display panel, Btu/h; and EER = EER of walk-in (cooler or freezer), Btu/W-h. *4.2* Floor Panels

(a)Calculate the surface area, as defined in section 3.4 of this appendix, of the floor panel edge, as defined in section 3.3, A fp edge , ft 2 , with standard geometric formulas or engineering software as directed in section 5.1 of this appendix.

(b)Calculate the surface area, as defined in section 3.4 of this appendix, of the floor panel core, as defined in section 3.2, A fp core , ft 2 , with standard geometric formulas or engineering software as directed in section 5.1 of this appendix.

(c)Calculate the total area of the floor panel, A fp, ft 2 , as follows: ER09JN11.006 Where: A fp core = floor panel core area, ft 2 ; and A fp edge = floor panel edge area, ft 2 .

(d)Calculate the temperature differential of the floor panel, ΔΤ fp , °F, as follows: ER09JN11.007 Where: T ext, fp = subfloor temperature, °F, as prescribed in Table A.1; and T DB,int, fp = dry-bulb air internal temperature, °F, as prescribed in Table A.1. If the panel spans both cooler and freezer temperatures, the freezer temperature must be used.

(e)Calculate the floor foam degradation factor, DF fp , unitless, as follows: ER09JN11.008 Where: R LTTR,fp = the long term thermal resistance R-value of the floor panel foam in accordance with section 5.2 of this appendix, h-ft 2 -°F/Btu; and R o,fp = the R-value of foam determined in accordance with ASTM C518 (incorporated by reference; see section § 431.303) for purposes of compliance with the appropriate energy conservation standard, h-ft 2 -°F/Btu.

(f)Calculate the U-factor for panel core region modified by the long term thermal transmittance of foam, U LT,fp core , Btu/h-ft 2 -°F, as follows: ER09JN11.009 Where: U fp core = the U-factor in accordance with section 5.1 of this appendix, Btu/h-ft 2 -°F; and DF fp = floor foam degradation factor, unitless.

(g)Calculate the overall U-factor of the floor panel, U fp , Btu/h-ft 2 -°F, as follows: ER09JN11.010 Where: A fp edge = area of floor panel edge, ft 2 ; U fp edge = U-factor for panel edge area in accordance with section 5.1 of this appendix, Btu/h-ft 2 -°F; A fp core = area of floor panel core, ft 2 ; U LT,fp core = U-factor for panel core region modified by the long term thermal transmittance of foam, Btu/h-ft 2 -°F; and A fp = total area of the floor panel, ft 2 .

(h)Calculate the conduction load through floor panels, Q cond-fp , Btu/h, ER09JN11.011 Where: ΔT fp = temperature differential across the floor panels, °F; A fp = total area of the floor panel, ft 2 ; and U fp = overall U-factor of the floor panel, Btu/h-ft 2 -°F.

(i)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/W-h

(2)For freezers, use EER = 6.3 Btu/W-h

(j)Calculate the total daily energy consumption, E fp , kWh/day, as follows: ER09JN11.012 Where: Q cond-fp = the conduction load through the floor panel, Btu/h; and EER = EER of walk-in (cooler or freezer), Btu/W-h. *4.3* Non-Floor Panels

(a)Calculate the surface area, as defined in section 3.4, of the non-floor panel edge, as defined in section 3.3, A nf edge , ft 2 , with standard geometric formulas or engineering software as directed in section 5.1 of this appendix.

(b)Calculate the surface area, as defined in section 3.4, of the non-floor panel core, as defined in section 3.2, A nf core, ft 2, with standard geometric formulas or engineering software as directed in section 5.1 of this appendix.

(c)Calculate total non-floor panel area, A nf , ft 2 : ER09JN11.013 Where: A nf edge = non-floor panel edge area, ft 2 ; and A nf core = non-floor panel core area, ft 2 .

(d)Calculate temperature differential, ΔT nf , °F: ER09JN11.014 Where: T DB,ext, nf = dry-bulb air external temperature, °F, as prescribed in Table A.1; and T DB,int, nf = dry-bulb air internal temperature, °F, as prescribed in Table A.1. If the non-floor panel spans both cooler and freezer temperatures, then the freezer temperature must be used.

(e)Calculate the non-floor foam degradation factor, DF nf , unitless, as follows: ER09JN11.015 Where: R LTTR,nf = the R-value of the non-floor panel foam in accordance with section 5.2 of this appendix, h- ft 2 -°F/Btu; and R o,nf = the R-value of foam determined in accordance with ASTM C518 (incorporated by reference; see section § 431.303) for purposes of compliance with the appropriate energy conservation standard, h-ft 2 -°F/Btu.

(f)Calculate the U-factor, U LT,nf core , Btu/h-ft 2 -°F, as follows: ER09JN11.016 Where: U nf core = the U-factor, in accordance with section 5.1 of this appendix, of non-floor panel, Btu/h- ft 2 -°F; and DF nf = the non-floor foam degradation factor, unitless.

(g)Calculate the overall U-factor of the non-floor panel, U nf , Btu/h-ft 2 -°F, as follows: ER09JN11.017 Where: A nf edge = area of non-floor panel edge, ft 2 ; U nf edge = U-factor for non-floor panel edge area in accordance with section 5.1 of this appendix, Btu/h-ft 2 -°F; A nf core = area of non-floor panel core, ft 2 ; U LT,nf core = U-factor for non-floor panel core region modified by the long term thermal transmittance of foam, Btu/h-ft 2 -°F; and A nf = total area of the non- floor panel, ft 2 .

(h)Calculate the conduction load through non-floor panels, Q cond-nf , Btu/h, ER09JN11.018 Where: ΔT nf = temperature differential across the non-floor panels, °F; A nf = total area of the non-floor panel, ft 2 ; and U nf = overall U-factor of the non-floor panel, Btu/h-ft 2 -°F.

(i)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/W-h

(2)For freezers, use EER = 6.3 Btu/W-h

(j)Calculate the total daily energy consumption, E nf , kWh/day, as follows: ER09JN11.019 Where: Q cond-nf = the conduction load through the non-floor panel, Btu/h; and EER = EER of walk-in (cooler or freezer), Btu/W-h. *4.4* Display Doors *4.4.1* Conduction Through Display Doors

(a)Calculate the U-factor of the door in accordance with section 5.3 of this appendix, Btu/h-ft 2 -°F

(b)Calculate the surface area, as defined in section 3.4 of this appendix, of the display door, A dd , ft 2 , with standard geometric formulas or engineering software.

(c)Calculate the temperature differential, ΔT dd , °F, for the display door as follows: ER09JN11.020 Where: T DB,ext, dd = dry-bulb air temperature external to the display door, °F, as prescribed in Table A.1; and T DB,int, dd = dry-bulb air temperature internal to the display door, °F, as prescribed in Table A.1.

(d)Calculate the conduction load through the display doors, Q cond-dd , Btu/h, as follows: ER09JN11.021 Where: ΔT dd = temperature differential between refrigerated and adjacent zones, °F; A dd = surface area walk-in display doors, ft 2 ; and U dd = thermal transmittance, U-factor of the door, in accordance with section 5.3 of this appendix, Btu/h-ft 2 -°F. *4.4.2* Direct Energy Consumption of Electrical Component(s) of Display Doors Electrical components associated with display doors could include, but are not limited to: heater wire (for anti-sweat or anti-freeze application); lights (including display door lighting systems); control system units; and sensors.

(a)Select the required value for percent time off

(PTO)for each type of electricity consuming device, PTO t (%)

(1)For lights without timers, control system or other demand-based control, PTO = 25 percent. For lighting with timers, control system or other demand-based control, PTO = 50 percent.

(2)For anti-sweat heaters on coolers (if included): Without timers, control system or other demand-based control, PTO = 0 percent. With timers, control system or other demand-based control, PTO = 75 percent. For anti-sweat heaters on freezers (if included): Without timers, control system or other auto-shut-off systems, PTO = 0 percent. With timers, control system or other demand-based control, PTO = 50 percent.

(3)For all other electricity consuming devices: Without timers, control system, or other auto-shut-off systems, PTO = 0 percent. If it can be demonstrated that the device is controlled by a preinstalled timer, control system or other auto-shut-off system, PTO = 25 percent.

(b)Calculate the power usage for each type of electricity consuming device, P dd-comp,u,t , kWh/day, as follows: ER09JN11.022 Where: u = the index for each of type of electricity-consuming device located on either

(1)the interior facing side of the display door or within the inside portion of the display door,

(2)the exterior facing side of the display door, or

(3)any combination of

(1)and (2). For purposes of this calculation, the interior index is represented by u = int and the exterior index is represented by u = ext. If the electrical component is both on the interior and exterior side of the display door then u = int. For anti-sweat heaters sited anywhere in the display door, 75 percent of the total power is be attributed to u = int and 25 percent of the total power is attributed to u = ext; t = index for each type of electricity consuming device with identical rated power; P rated,u,t = rated power of each component, of type t, kW; PTO u,t = percent time off, for device of type t, %; and n u,t = number of devices at the rated power of type t, unitless.

(c)Calculate the total electrical energy consumption for interior and exterior power, P dd-tot, int (kWh/day) and P dd-tot, ext (kWh/day), respectively, as follows: ER09JN11.023 Where: t = index for each type of electricity consuming device with identical rated power; P dd-comp,int, t = the energy usage for an electricity consuming device sited on the interior facing side of or in the display door, of type t, kWh/day; and P dd-comp,ext, t = the energy usage for an electricity consuming device sited on the external facing side of the display door, of type t, kWh/day.

(d)Calculate the total electrical energy consumption, P dd-tot , (kWh/day), as follows: ER09JN11.024 Where: P dd-tot,int = the total interior electrical energy usage for the display door, kWh/day; and P dd-tot,ext = the total exterior electrical energy usage for the display door, kWh/day. *4.4.3* Total Indirect Electricity Consumption Due to Electrical Devices

(a)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/Wh

(2)For freezers, use EER = 6.3 Btu/Wh

(b)Calculate the additional refrigeration energy consumption due to thermal output from electrical components sited inside the display door, C dd-load , kWh/day, as follows: ER09JN11.025 Where: EER = EER of walk-in cooler or walk-in freezer, Btu/W-h; and P dd-tot,int = The total internal electrical energy consumption due for the display door, kWh/day. *4.4.4* Total Display Door Energy Consumption

(a)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/W-h

(2)For freezers, use EER = 6.3 Btu/W-h

(b)Calculate the total daily energy consumption due to conduction thermal load, E dd, thermal , kWh/day, as follows: ER09JN11.026 Where: Q cond, dd = the conduction load through the display door, Btu/h; and EER = EER of walk-in (cooler or freezer), Btu/W-h.

(c)Calculate the total energy, E dd,tot , kWh/day, ER09JN11.027 Where: E dd, thermal = the total daily energy consumption due to thermal load for the display door, kWh/day; P dd-tot = the total electrical load, kWh/day; and C dd-load = additional refrigeration load due to thermal output from electrical components contained within the display door, kWh/day. *4.5* Non-Display Doors *4.5.1* Conduction Through Non-Display Doors

(a)Calculate the surface area, as defined in section 3.4 of this appendix, of the non-display door, A nd , ft 2 , with standard geometric formulas or with engineering software.

(b)Calculate the temperature differential of the non-display door, ΔT nd ,°F, as follows: ER09JN11.028 Where: T DB,ext, nd = dry-bulb air external temperature, °F, as prescribed by Table A.1; and T DB,int, nd = dry-bulb air internal temperature, °F, as prescribed by Table A.1. If the component spans both cooler and freezer spaces, the freezer temperature must be used.

(c)Calculate the conduction load through the non-display door: Q cond-nd , Btu/h, ER09JN11.029 Where: ΔT nd = temperature differential across the non-display door, °F; U nd = thermal transmittance, U-factor of the door, in accordance with section 5.3 of this appendix, Btu/h-ft 2 -°F; and A nd = area of non-display door, ft 2 . *4.5.2* Direct Energy Consumption of Electrical Components of Non-Display Doors Electrical components associated with a walk-in non-display door comprise any components that are on the non-display door and that directly consume electrical energy. This includes, but is not limited to, heater wire (for anti-sweat or anti-freeze application), control system units, and sensors.

(a)Select the required value for percent time off for each type of electricity consuming device, PTO t (%)

(1)For lighting without timers, control system or other demand-based control, PTO = 25 percent. For lighting with timers, control system or other demand-based control, PTO = 50 percent.

(b)Calculate the power usage for each type of electricity consuming device, P nd-comp,u,t , kWh/day, as follows: ER09JN11.030 Where: u = the index for each of type of electricity-consuming device located on either

(1)the interior facing side of the display door or within the inside portion of the display door,

(2)the exterior facing side of the display door, or

(3)any combination of

(1)and (2). For purposes of this calculation, the interior index is represented by u = int and the exterior index is represented by u = ext. If the electrical component is both on the interior and exterior side of the display door then u = int. For anti-sweat heaters sited anywhere in the display door, 75 percent of the total power is be attributed to u=int and 25 percent of the total power is attributed to u=ext; t = index for each type of electricity consuming device with identical rated power; P rated,u,t = rated power of each component, of type t, kW; PTO u,t = percent time off, for device of type t, %; and n u,t = number of devices at the rated power of type t, unitless.

(c)Calculate the total electrical energy consumption for interior and exterior power, P nd-tot, int (kWh/day) and P nd-tot, ext (kWh/day), respectively, as follows: ER09JN11.031 Where: t = index for each type of electricity consuming device with identical rated power; P nd-comp,int, t = the energy usage for an electricity consuming device sited on the internal facing side or internal to the non-display door, of type t, kWh/day; and P nd-comp,ext, t = the energy usage for an electricity consuming device sited on the external facing side of the non-display door, of type t, kWh/day. For anti-sweat heaters,

(d)Calculate the total electrical energy consumption, P nd-tot , kWh/day, as follows: ER09JN11.032 Where: P nd-tot,int = the total interior electrical energy usage for the non-display door, of type t, kWh/day; and P nd-tot,ext = the total exterior electrical energy usage for the non-display door, of type t, kWh/day. *4.5.3* Total Indirect Electricity Consumption Due to Electrical Devices

(a)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/Wh

(2)For freezers, use EER = 6.3 Btu/Wh

(b)Calculate the additional refrigeration energy consumption due to thermal output from electrical components associated with the non-display door, C nd-load , kWh/day, as follows: ER09JN11.033 Where: EER = EER of walk-in cooler or freezer, Btu/W-h; and P nd-tot,int = the total interior electrical energy consumption for the non-display door, kWh/day. *4.5.4* Total Non-Display Door Energy Consumption

(a)Select Energy Efficiency Ratio (EER), as follows:

(1)For coolers, use EER = 12.4 Btu/W-h

(2)For freezers, use EER = 6.3 Btu/W-h

(b)Calculate the total daily energy consumption due to thermal load, E nd, thermal , kWh/day, as follows: ER09JN11.034 Where: Q cond-nd = the conduction load through the non-display door, Btu/hr; and EER = EER of walk-in (cooler or freezer), Btu/W-h.

(c)Calculate the total energy, E nd,tot , kWh/day, as follows: ER09JN11.035 Where: E nd, thermal = the total daily energy consumption due to thermal load for the non-display door, kWh/day; P nd-tot = the total electrical energy consumption, kWh/day; and C nd-load = additional refrigeration load due to thermal output from electrical components contained on the inside face of the non-display door, kWh/day. 5.0 Test Methods and Measurements *5.1* Measuring Floor and Non-floor Panel U-factors Follow the test procedure in ASTM C1363, (incorporated by reference; see § 431.303), exactly, with these exceptions:

(1)Test Sample Geometry Requirements

(i)Two

(2)panels, 8 ft. ± 1 ft. long and 4 ft. ± 1 ft. wide must be used.

(ii)The panel edges must be joined using the manufacturer's panel interface joining system (e.g., camlocks, standard gasketing, etc.).

(iii)The Panel Edge Test Region, see figure 1, must be cut using the following dimensions: 1. If the panel contains framing members (e.g. a wood frame), then the width of edge

(W)must be as wide as any framing member plus 2 in. ± 0.25 in. For example, if the face of the panel contains 1.5 in. thick framing members around the edge of the panel, then width of edge

(W)= 3.5 in. ± 0.25 in and the Panel Edge Test Region would be 7 in. ± 0.5 in. wide. 2. If the panel does not contain framing members, then the width of edge

(W)must be 4 in ± 0. 25 in. 3. Walk-in panels that utilize vacuum insulated panels

(VIP)for insulation, width of edge

(W)= the lesser of 4.5 in. ± 1 in. or the maximum width that does not cause the VIP to be pierced by the cutting device when the edge region is cut.

(iv)Panel Core Test Region of length Y and height Z, see Figure 1, must also be cut from one of the two panels such that panel length = Y + X, panel height = Z +X where X=2W. ER09JN11.036

(2)Testing Conditions

(i)The air temperature on the “hot side”, as denoted in ASTM C1363, of the non-floor panel should be maintained at 75 °F ± 1 °F. 1. Exception: When testing floor panels, the air temperature should be maintained at 55 °F ± 1 °F.

(ii)The temperature on the “cold side”, as denoted in ASTM C1363, of the panel should be maintained at 35 °F ± 1 °F for the panels used for walk-in coolers and −10 °F ± 1 °F for panels used for walk-in freezers.

(iii)The air velocity must be maintained as natural convection conditions as described in ASTM C1363. The test must be completed using the masked method and with surround panel in place as described in ASTM C1363.

(3)Required Test Measurements

(i)Non-floor Panels 1. Panel Edge Region U-factor: U nf, edge 2. Panel Core Region U-factor: U nf, core

(ii)Floor Panels 1. Floor Panel Edge Region U-factor: U fp, edge 2. Floor Panel Core Region U-factor: U fp, core *5.2* Measuring Long Term Thermal Resistance

(LTTR)of Insulating Foam Follow the test procedure in Annex C of DIN EN 13164 or Annex C of DIN EN 13165 (as applicable), (incorporated by reference; see § 431.303), exactly, with these exceptions:

(1)Temperatures During Thermal Resistance Measurement

(i)For freezers: 20 °F ± 1 °F must be used.

(ii)For coolers: 55 °F ± 1 °F must be used.

(2)Sample Panel Preparation

(i)A 800mm × 800mm square (× thickness of the panel) section cut from the geometric center of the panel that is being tested must be used as the sample for completing DIN EN 13165.

(ii)A 500mm × 500mm square (× thickness of the panel) section cut from the geometric center of the panel that is being tested must be used as the sample for completing DIN EN 13164.

(3)Required Test Measurements

(i)Non-floor Panels 1. Long Term Thermal Resistance: R LTTR,nf

(ii)Floor Panels 1. Long Term Thermal Resistance: R LTTR,fp *5.3* U-factor of Doors and Display Panels

(a)Follow the procedure in NFRC 100, (incorporated by reference; see § 431.303), exactly, with these exceptions:

(1)The average convective heat transfer coefficient on both interior and exterior surfaces of the door should be based on the coefficients described in section 4.3 of NFRC 100.

(2)Internal conditions:

(i)Air temperature of 35 °F (1.7 °C) for cooler doors and −10 °F (−23.3 °C) for freezer doors

(ii)Mean inside radiant temperature must be the same as shown in section 5.3(a)(2)(i), above.

(3)External conditions

(i)Air temperature of 75 °F (23.9 °C)

(ii)Mean outside radiant temperature must be the same as section 5.3(a)(3)(i), above.

(4)Direct solar irradiance = 0 W/m 2 (Btu/h-ft 2 ).

(b)Required Test Measurements

(i)Display Doors and Display Panels 1. Thermal Transmittance: U dd

(ii)Non-Display Door 1. Thermal Transmittance: U nd [FR Doc. C1-2011-8690 Filed 6-8-11; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2011-0222] RIN 1625-AA00 Safety Zone; New York Water Taxi 10th Anniversary Fireworks , Upper New York Bay, Red Hook, NY AGENCY: Coast Guard, DHS. ACTION: Temporary Final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone in the Captain of the Port

(COTP)Zone New York on the navigable waters of the Upper New York Bay in the vicinity of Red Hook, New York for a fireworks display. This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. Persons and vessels are prohibited from entering into, transiting through, mooring, or anchoring within the temporary safety zone unless authorized by the COTP New York or the designated on-scene representative. DATES: This rule is effective from 8:30 p.m. until 10 p.m. on June 21, 2011. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2011-0222 and are available online by going to *http://www.regulations.gov,* inserting USCG-2011-0222 in the “Keyword” box, and then clicking “Search.” They are also available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or e-mail LTJG Eunice James, Coast Guard Sector New York Waterways Management Division; 718-354-4163, e-mail *Eunice.A.James@uscg.mil.* If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act

(APA)(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking

(NPRM)with respect to this rule because the Coast Guard did not receive information regarding the dates and scope of the event in time to publish a NPRM followed by a final rule before the effective date. The sponsor was not aware of the requirements for submitting an application for a marine event 135 days in advance, resulting in a late notification. The sponsor is now aware of this requirement for all future events. Nevertheless, the sponsor is unable to reschedule this event due to other activities being held in conjunction with the fireworks display. The safety zone is necessary to provide for the safety of event participants, spectator craft, and other vessels operating near the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . The rule must become effective on the date specified above in order to provide for the safety of the public including spectators and vessels operating in the area near the fireworks display. Background and Purpose The fireworks event was planned by a private party to celebrate the 10th Anniversary of New York Water Taxi. The fireworks will commence at 9 p.m. on June 21, 2011 and will last approximately 10 minutes. This event poses significant risk to participants, spectators and the maritime public because of hazardous conditions associated with a fireworks display. This temporary safety zone is necessary to ensure the safety of these participants, spectators and vessels. Discussion of Rule This rule establishes a temporary safety zone on the waters of the Upper New York Bay. The temporary safety zone will encompass all waters of the Upper New York Bay in the vicinity of Red Hook, Brooklyn, NY, within a 180 yards radius around position 40°40′52″ N, 074°01′39″ W (NAD 83) approximately 400 yards south of Governors Island. All persons and vessels shall comply with the instructions of the COTP New York or the designated representative. Entry into, transiting, or anchoring within the temporary safety zone is prohibited unless authorized by the COTP New York or the designated on-scene representative. The COTP New York or the designated representative may be reached on VFH Channel 16. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Executive Order 12866 and Executive Order 13563 This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, as supplemented by Executive Order 13563, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The Coast Guard's implementation of this temporary safety zone will be of short duration and designed to minimize the impact to vessel traffic on navigable waters. This safety zone will only be enforced for 90 minutes. Furthermore, vessels may be authorized to transit the zone with permission of the COTP New York or the designated on-scene representative. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the owners and operators of vessels intending to transit or anchor in a portion of the Upper New York Bay in the vicinity of Governors Island and Red Hook, NY. The fireworks will commence at 9 p.m. on June 21, 2011 and will last approximately 10 minutes. This rule will not have a significant economic impact on a substantial number of small entities for the following reasons: Vessel traffic can safely transit around the zone. Before the effective period, we will issue maritime advisories widely available to users of the waterway. This rule will be in effect for only 90 minutes. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.,* specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This rule involves the establishment of a temporary safety zone on a portion of the Upper New York Bay during the launching of fireworks. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01-0222 to read as follows: § 165.T01-0222 Safety Zone; New York Water Taxi 10th Anniversary Fireworks, Upper New York Bay, Red Hook, NY.

(a)*Location.* The following area is a temporary safety zone: A 180 yard radius around position 40°40′52″ N, 074°01′39″ W in the vicinity of Governors Island and Red Hook, NY on the Upper NY Bay.

(b)*Enforcement period.* This section will be enforced from 8:30 p.m. until 10 p.m. on June 21, 2011.

(c)*Definitions.* “Designated on-scene representative” means any commissioned, warrant, and petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and Federal law enforcement vessels who have been authorized to act on behalf of the COTP New York.

(d)*Regulations.*

(1)Entry into, transit through, mooring or anchoring within this safety zone is prohibited unless authorized by the COTP New York or the designated on-scene representative.

(2)Persons desiring to operate within the safety zone established in this section may contact the COTP New York at telephone number 718-354-4398 or via on-scene patrol personnel on VHF channel 16 to seek permission to do so. If permission is granted, all persons and vessels must still comply with the instructions of the COTP New York or the designated on-scene representative. Dated: May 23, 2011. L.L. Fagan, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2011-14327 Filed 6-8-11; 8:45 am]

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