Proposed Rule2022-12660
Energy Conservation Program: Consumer Refrigeration and Miscellaneous Refrigeration Products
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 13, 2022
Issuing agencies
Energy Department
Abstract
On July 18, 2016, the U.S. Department of Energy published a final rule that amended the test procedure for refrigerators and refrigerator-freezers and established both coverage and procedures for testing miscellaneous refrigeration products ("MREFs"). That final rule also established provisions within DOE's certification requirements to provide instructions regarding product category determinations, which were intended to be consistent with the definitions established for MREFs and refrigerators, refrigerator- freezers, and freezers. This document proposes to correct certain inconsistencies between the instructions for determining product categories and the corresponding product definitions to avoid confusion regarding the application of those definitions. DOE is seeking comment from interested parties on the proposal.
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[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Proposed Rules]
[Pages 35678-35684]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12660]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 /
Proposed Rules
[[Page 35678]]
DEPARTMENT OF ENERGY
10 CFR Part 429
[EERE-2022-BT-CRT-0021]
RIN 1904-AF42
Energy Conservation Program: Consumer Refrigeration and
Miscellaneous Refrigeration Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and request for comment.
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SUMMARY: On July 18, 2016, the U.S. Department of Energy published a
final rule that amended the test procedure for refrigerators and
refrigerator-freezers and established both coverage and procedures for
testing miscellaneous refrigeration products (``MREFs''). That final
rule also established provisions within DOE's certification
requirements to provide instructions regarding product category
determinations, which were intended to be consistent with the
definitions established for MREFs and refrigerators, refrigerator-
freezers, and freezers. This document proposes to correct certain
inconsistencies between the instructions for determining product
categories and the corresponding product definitions to avoid confusion
regarding the application of those definitions. DOE is seeking comment
from interested parties on the proposal.
DATES: DOE will accept comments, data, and information this regarding
this proposal no later than July 13, 2022.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>, under docket
number EERE-2022-BT-CRT-0021. Follow the instructions for submitting
comments.
Alternatively, interested persons may submit comments, identified
by docket number EERE-2022-BT-CRT-0021, by any of the following
methods:
Email: <a href="/cdn-cgi/l/email-protection#ebb98e8d99828c8e998a9f828485d9dbd9d9a8b9bfdbdbd9daab8e8ec58f848ec58c849d"><span class="__cf_email__" data-cfemail="386a5d5e4a515f5d4a594c5157560a080a0a7b6a6c08080a09785d5d165c575d165f574e">[email protected]</span></a>. Include the docket
number EERE-2022-BT-CRT-0021in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section IV of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2022-BT-CRT-0021">www.regulations.gov/docket/EERE-2022-BT-CRT-0021</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section IV for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: <a href="/cdn-cgi/l/email-protection#fe8d8a9b8e969f90979bd0949196908d9190be9b9bd09a919bd0999188"><span class="__cf_email__" data-cfemail="7b080f1e0b131a15121e55111413150814153b1e1e551f141e551c140d">[email protected]</span></a>.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-8145. Email: <a href="/cdn-cgi/l/email-protection#cd80a4aea5aca8a1e386a4a9a28da5bce3a9a2a8e3aaa2bb"><span class="__cf_email__" data-cfemail="216c48424940444d0f6a48454e6149500f454e440f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes the United States Department of Energy (``DOE'') to regulate
the energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of
EPCA established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency. These products include
miscellaneous refrigeration products (``MREFs'') along with more common
consumer refrigeration products (i.e., refrigerators, refrigerator-
freezers, and freezers). These products are the focus of this notice of
proposed rulemaking (``NOPR'' or ``proposal'') and collectively
comprise what DOE simply refers to in this document as ``consumer
refrigeration products'' in this document. (42 U.S.C. 6292(a)(1))
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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 B was redesignated Part A.
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In addition to identifying particular consumer products and
commercial equipment as covered under the statute, EPCA permits the
Secretary of Energy to classify additional types of consumer products
as covered products. (42 U.S.C. 6292(a)(20)) DOE added MREFs as covered
products through a final determination of coverage published in the
Federal Register on July 18, 2016 (``July 2016 final rule''). 81 FR
46768. MREFs are consumer refrigeration products, other than
refrigerators, refrigerator-freezers, or freezers. 10 CFR 430.2. MREFs
include refrigeration products such as coolers (e.g., wine chillers and
other specialty products) and combination cooler refrigeration products
(e.g., wine chillers and other specialty compartments combined with a
refrigerator, freezer, or refrigerator-freezer).
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
[[Page 35679]]
procedures. Relevant provisions of EPCA specifically include
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293),
labeling provisions (42 U.S.C. 6294), energy conservation standards (42
U.S.C. 6295), and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making other representations about the efficiency of those
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these
test procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
This proposal is intended to narrowly clarify and correct
inconsistencies in certain product category determination
specifications within the certification provisions for the consumer
refrigeration products that are the subject of this document.
II. Scope and Definitions
DOE's regulations generally categorize consumer refrigeration
products into different product categories based on operating
temperatures, among other criteria. While this proposal does not
propose to alter any of the definitions associated with these different
consumer refrigeration products, a basic understanding of the
definitions for these different product categories--all of which are
found in 10 CFR 430.2--is helpful.
DOE defines a ``refrigerator'' as a cabinet, used with one or more
doors, that has a source of refrigeration that requires single-phase,
alternating current electric energy input only and is capable of
maintaining compartment temperatures above 32 [deg]F (0 [deg]C) and
below 39 [deg]F (3.9 [deg]C) as determined according to 10 CFR
429.14(d)(2). A refrigerator may include a compartment capable of
maintaining compartment temperatures below 32 [deg]F (0 [deg]C), but
does not provide a separate low temperature compartment capable of
maintaining compartment temperatures below 8 [deg]F (-13.3 [deg]C) as
determined according to 10 CFR 429.14(d)(2). This term does not
include:
(1) Any product that does not include a compressor and condenser
unit as an integral part of the cabinet assembly;
(2) A cooler; or
(3) Any miscellaneous refrigeration product that must comply with
an applicable miscellaneous refrigeration product energy conservation
standard.
Section 430.2 defines a ``freezer'' as a cabinet, used with one or
more doors, that has a source of refrigeration that requires single-
phase, alternating current electric energy input only and is capable of
maintaining compartment temperatures of 0 [deg]F (-17.8 [deg]C) or
below as determined according to 10 CFR 429.14(d)(2). It does not
include any refrigerated cabinet that consists solely of an automatic
ice maker and an ice storage bin arranged so that operation of the
automatic icemaker fills the bin to its capacity. The term does not
include:
(1) Any product that does not include a compressor and condenser
unit as an integral part of the cabinet assembly; or
(2) Any miscellaneous refrigeration product that must comply with
an applicable miscellaneous refrigeration product energy conservation
standard.
A ``refrigerator-freezer'' is defined as a cabinet, used with one
or more doors, that has a source of refrigeration that requires single-
phase, alternating current electric energy input only and consists of
two or more compartments where at least one of the compartments is
capable of maintaining compartment temperatures above 32 [deg]F (0
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to 10
CFR 429.14(d)(2), and at least one other compartment is capable of
maintaining compartment temperatures of 8 [deg]F (-13.3 [deg]C) and may
be adjusted by the user to a temperature of 0 [deg]F (-17.8 [deg]C) or
below as determined according to 10 CFR 429.14(d)(2). The term does not
include:
(1) Any product that does not include a compressor and condenser
unit as an integral part of the cabinet assembly; or
(2) Any miscellaneous refrigeration product that must comply with
an applicable miscellaneous refrigeration product energy conservation
standard.
The term ``miscellaneous refrigeration product'' means a consumer
refrigeration product other than a refrigerator, refrigerator-freezer,
or freezer, which includes coolers and combination cooler refrigeration
products.
A ``cooler'' is a cabinet, used with one or more doors, that has a
source of refrigeration capable of operating on single-phase,
alternating current and is capable of maintaining compartment
temperatures either:
(1) No lower than 39 [deg]F (3.9 [deg]C); or
(2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C)
but at least as high as 60 [deg]F (15.6 [deg]C) as determined according
to 10 CFR 429.61(d)(2).
A ``combination cooler refrigeration product'' means any cooler-
refrigerator, cooler-refrigerator-freezer, or cooler-freezer.
DOE's regulations define a ``cooler-refrigerator'' as a cabinet,
used with one or more doors, that has a source of refrigeration that
requires single-phase, alternating current electric energy input only,
and consists of two or more compartments, including at least one cooler
compartment as defined in 10 CFR part 430 subpart B appendix A, where:
(1) At least one of the remaining compartments is not a cooler
compartment as defined in 10 CFR part 430 subpart B appendix A and is
capable of maintaining compartment temperatures above 32 [deg]F (0
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to 10
CFR 429.61(d)(2);
(2) The cabinet may also include a compartment capable of
maintaining compartment temperatures below 32 [deg]F (0 [deg]C) as
determined according to 10 CFR 429.61(d)(2); but
(3) The cabinet does not provide a separate low temperature
compartment capable of maintaining compartment temperatures below 8
[deg]F (-13.3 [deg]C) as determined according to 10 CFR 429.61(d)(2).
A ``cooler-refrigerator-freezer'' means a cabinet, used with one or
more doors, that has a source of refrigeration that requires single-
phase, alternating current electric energy input only, and consists of
three or more compartments, including at least one cooler compartment
as defined in 10 CFR part 430 subpart B appendix A, where:
(1) At least one of the remaining compartments is not a cooler
compartment as defined in 10 CFR part 430 subpart B appendix A and is
capable of maintaining compartment temperatures above 32 [deg]F (0
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to 10
CFR 429.61(d)(2); and
(2) At least one other compartment is capable of maintaining
compartment temperatures below 8 [deg]F (-13.3 [deg]C) and may be
adjusted by the user to a temperature of 0 [deg]F (-17.8 [deg]C) or
below as determined according to 10 CFR 429.61(d)(2).
A ``cooler-freezer'' means a cabinet, used with one or more doors,
that has a source of refrigeration that requires single-phase,
alternating current electric energy input only, and consists of two or
more compartments, including at least one cooler compartment as defined
in 10 CFR part 430 subpart B appendix A, where the remaining
compartment(s) are capable of maintaining compartment temperatures at 0
[deg]F (-17.8 [deg]C) or below as determined according to the
provisions in 10 CFR 429.61(d)(2).
See generally 10 CFR 430.2.
[[Page 35680]]
III. Discussion of Proposed Amendments
A. Coldest Temperature'' Requirement
The July 2016 final rule established provisions in 10 CFR 429.14
(for refrigerators, refrigerator-freezers, and freezers) and 10 CFR
429.61 (for MREFs) to provide instructions regarding product category
determinations, intended to be consistent with the definitions
established in 10 CFR 430.2. 81 FR 46768, 46790.
In particular, Sec. 429.61(d)(2) specifies for MREFs that
compartment temperatures used to determine product category shall be
the mean of the measured compartment temperatures at the ``coldest
setting'' for each tested unit of the basic model according to the
provisions of appendix A. This reference to the coldest setting is
necessary to determine whether a compartment is a cooler because the
definition of cooler--by referencing the capability of maintaining
compartment temperatures no lower than 39 [deg]F (3.9 [deg]C) [emphasis
added]--necessarily requires evaluating the coldest setting available
for the subject compartment (i.e., testing the coldest setting is
necessary to determine the lowest temperature that the compartment is
capable of achieving). See 10 CFR 430.2. Accordingly, the measurement
of the compartment temperature for the purpose of defining a
compartment as a ``cooler compartment'' is conducted at ``the coldest
setting.''
In the July 2016 final rule, DOE inadvertently applied the
``coldest setting'' wording in 10 CFR 429.14 and 10 CFR 429.61 to other
types of consumer refrigeration products for which the ``coldest
setting'' is not the appropriate setting for determining product
classification; specifically, for consumer refrigerators, refrigerator-
freezers, freezers, and for compartments in miscellaneous refrigeration
products other than cooler compartments. As illustrated in the
paragraphs that follow, determining product classification for these
types of consumer refrigeration products is based on the capability of
a product to operate within an applicable temperature range and is not
specific to the lowest capable operating temperature (i.e., not
specific to the ``coldest setting'').
By way of example, in considering the refrigerator definition,
determining whether a compartment is a fresh food (i.e., refrigerator)
compartment is not specific to the lowest capable operating
temperature. Rather, to be defined as a refrigerator, a product must be
capable of maintaining a compartment temperature within a specified
range, which may not correspond to the coldest setting available on the
product. In particular, a refrigerator is defined, in part, as being
capable of maintaining a compartment temperature above 32 [deg]F (0
[deg]C) and below 39 [deg]F (3.9 [deg]C). 10 CFR 430.2. If the coldest
setting on a refrigerator were to result in a compartment temperature
less than 32 [deg]F (0 [deg]C) (for example, 31 [deg]F), testing the
product at the coldest setting would yield a temperature outside the
specified range (in this example, 31 [deg]F) and therefore would not
provide an indication of the product's capability to maintain a
compartment temperature above 32 [deg]F (0 [deg]C) and below 39 [deg]F
(3.9 [deg]C). For such a product, determining product category based on
the coldest setting alone (as currently suggested by 10 CFR
429.14(d)(2)) would inadvertently exclude the product from the
refrigerator definition. In contrast, evaluating the temperature range
of the product as tested using appendix A would appropriately identify
that the product is capable of maintaining a compartment temperature
above 32 [deg]F (0 [deg]C) and below 39 [deg]F (3.9 [deg]C), thus
meeting the definition of refrigerator. DOE's proposal seeks to remedy
this current inconsistency.
The issue is further illustrated by the definitions for cooler-
refrigerator and cooler-freezer, which are based on the full range of
temperatures at which the non-cooler compartment(s) is capable of
operating without specifying a maximum or minimum operating capability.
As such, the instruction to measure the non-cooler compartment
temperature at the coldest setting to determine that compartment's
classification, as instructed under 10 CFR 429.61(d)(2), is also
inconsistent with the definitions of cooler-refrigerator and cooler-
freezer.
Finally, DOE notes that the rulemaking leading to the July 2016
final rule emphasized that DOE did not intend to redefine the scope of
coverage for refrigerators, refrigerator-freezers, or freezers, or to
amend those definitions in a manner that would affect how a covered
product at the time would be classified. 81 FR 46768, 46777 (See also
81 FR 11454, 11459-11460).
For these reasons, DOE has tentatively determined that the coldest
setting instruction as currently included in 10 CFR 429.14(d)(2) and 10
CFR 429.61(d)(2) is inconsistent with the definitions established in
the July 2016 final rule and is proposing amendments to correct this
inconsistency. To address this issue, DOE is proposing that the
instructions for determining compartment classification would
differentiate cooler compartments from compartments other than cooler
compartments. For cooler compartments, DOE proposes no change to the
current requirements specified at 10 CFR 429.61(d)(2), since the
coldest setting is the appropriate setting with which to evaluate a
cooler compartment. For compartments other than cooler compartments,
DOE is proposing to amend 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2)
to remove the reference to operation at the coldest setting. For such
compartments, the compartment temperature settings used to determine
product category would be used to evaluate the full range of
temperatures that the product can maintain within the compartment, thus
allowing for accurate application of the definitions for these
products.
This document identifies and proposes amendments to 10 CFR part 429
addressing the inconsistencies introduced in the July 2016 final rule.
The proposed corrections in this document do not otherwise affect the
substance of the rulemaking or any conclusions reached in support of
the July 2016 final rule.
B. Products Meeting Multiple Product Category Definitions
In a test procedure final rule published on April 21, 2014 (``April
2014 final rule''), DOE acknowledged that a product may be capable of
operating at the temperatures specified in both the refrigerator
definition and the freezer definition (i.e., a ``convertible'' product)
and that such a product would be required to certify as both a
refrigerator and a freezer if the product meets the applicable
definition(s). 79 FR 22320, 22343. This would not be the result if the
temperature were measured only at the coldest setting for determining
classification of a compartment. The proposed amendments to 10 CFR
429.14 and 10 CFR 429.61 discussed in section II.A of this document
would clarify the certification process for convertible products as
multiple product types, as intended in the April 2014 final rule. To
further clarify the appropriate certification of such products, DOE is
proposing to further amend 10 CFR 429.14 and 10 CFR 429.61 to
explicitly specify that if a product is capable of operating with
compartment temperatures as specified in multiple product category
definitions, the model must be tested and certified to each applicable
product category. For example, a single-compartment product capable of
maintaining compartment temperatures of -2 [deg]F and 36 [deg]F would
meet both the refrigerator (above 32 [deg]F and below 39 [deg]F) and
freezer (0 [deg]F or
[[Page 35681]]
below) definitions and would be certified to each corresponding
applicable product class.
DOE is seeking comment on these proposed amendments to 10 CFR part
429, particularly as to whether these proposals will sufficiently
address the issues identified in this document.
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 proposed 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 proposed 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 an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed 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.
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: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>.
This NOPR identifies and proposes amendments to address
inconsistencies introduced in the July 2016 final rule. The proposed
corrections in this NOPR do not otherwise affect the scope or substance
of the current test procedures for consumer refrigeration products.
Therefore, DOE initially concludes that the impacts of the
amendments proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of an IRFA is not warranted. DOE will transmit the
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 consumer refrigeration products 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
consumer refrigeration products. (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 proposing to amend the certification or reporting
requirements for consumer refrigeration products.
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 NOPR, DOE proposes amendments to certification-related
provisions for certain consumer refrigeration products. 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 certification requirements for 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 (Aug. 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
[[Page 35682]]
development of such regulations. 65 FR 13735. DOE has examined this
proposed rule and has determined that it would 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 proposed
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,
the proposed 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. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result 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 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 <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE examined this proposed
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 proposed rule would 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 proposed regulation
would 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 <a href="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this proposed 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 proposed 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 proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the certification
provisions for certain consumer refrigeration products 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.
[[Page 35683]]
V. Public Participation
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and request for comment.
List of Subjects in 10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on June 7,
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 June 8, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 429 of chapter II, subchapter D, of title 10 of the 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. 429.14 by revising paragraph (d)(2) to read as follows:
Sec. 429.14 Consumer refrigerators, refrigerator-freezers and
freezers.
* * * * *
(d) * * *
(2) Compartment temperatures used to determine product category
shall be the mean of the measured compartment temperatures for each
tested unit of the basic model according to the provisions of appendix
A of subpart B of part 430
[[Page 35684]]
of this chapter for refrigerators and refrigerator-freezers and of
appendix B of subpart B of part 430 of this chapter for freezers. If a
product is capable of operating with compartment temperatures as
specified in multiple product category definitions in Sec. 430.2 of
this chapter, the model must be tested and certified to each applicable
product category.
0
3. Amend Sec. 429.61 by revising paragraph (d)(2) to read as follows:
Sec. 429.61 Consumer miscellaneous refrigeration products.
* * * * *
(d) * * *
(2) For compartments other than cooler compartments, compartment
temperatures used to determine product category shall be the mean of
the measured compartment temperatures for each tested unit of the basic
model according to the provisions of appendix A to subpart B of part
430 of this chapter. For cooler compartments, compartment temperatures
used to determine product category shall be the mean of the measured
compartment temperatures at the coldest setting for each tested unit of
the basic model according to the provisions of appendix A to subpart B
of part 430 of this chapter. For cooler compartments with temperatures
below 39 [deg]F (3.9 [deg]C) but no lower than 37 [deg]F (2.8 [deg]C)
at the coldest setting, the compartment temperatures used to determine
product category shall also include the mean of the measured
compartment temperatures at the warmest setting for each tested unit of
the basic model according to the provisions of appendix A to subpart B
of part 430 of this chapter. If a product is capable of operating with
compartment temperatures as specified in multiple product category
definitions in Sec. 430.2 of this chapter, the model must be tested
and certified to each applicable product category.
[FR Doc. 2022-12660 Filed 6-10-22; 8:45 am]
BILLING CODE 6450-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.