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DOE will consider whether to amend standards for six product classes of walk-in coolers and walk-in freezers that were remanded to DOE by the U.S. Court of Appeals for the Fifth Circuit for further action: (1) the two standards applicable to multiplex condensing refrigeration systems operating at medium and low temperatures; and (2) the four standards applicable to dedicated condensing refrigeration systems operating at low temperatures. DOE will provide an opportunity for all interested parties to submit comments concerning any proposed standards. DOE will use its best efforts to issue a final rule establishing the remanded standards by December 1, 2016.

This matter has been presented to the Appliance Standards and Rulemaking Advisory Committee (ASRAC) for its consideration and approval, and will support the creation of a working group to initiate a negotiated rulemaking. DOE will further recommend to ASRAC that it establish a four-month period for the working group to reach consensus, measured from the date of the working group’s first meeting to the date the working group submits its final term sheet to ASRAC.  In conducting the rulemaking, DOE will consider any comments (including any accompanying data) regarding any potential impacts of these six standards on installers. DOE will also consider and substantively address any potential impacts of these six standards on installers in its Manufacturer Impact Analysis, consistent with its regulatory definition of "manufacturer," and, as appropriate, in its analysis of impacts on small entities under the Regulatory Flexibility Act . The negotiated rulemaking will be open to any issues related to the six vacated and remanded standards as well as the installer issues, consistent with the ASRAC charter.