Energy Conservation Program: Consumer Refrigeration and Miscellaneous Refrigeration Products, 7840-7846 [2023-02198]
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
Register on August 20, 2021 (86 FR
46888) for a 60-day public comment
period. The public comment period
closed on October 19, 2021. Subsequent
to the public comment period for DG–
1380, the NRC staff completed its
review of Code Cases N–872 and N–898,
related to the use of Nickel-Based Alloy
617. On March 1, 2022, the NRC staff
issued a supplemental Federal Register
notice (87 FR 11490) to DG–1380
requesting public comment on the staff’s
proposed endorsement of Code Cases
N–872 and N–898. Public comments on
DG–1380 and the staff responses to the
public comments are available in
ADAMS (see the ‘‘Availability of
Documents’’ table in section IV).
As noted in the Federal Register on
December 9, 2022 (87 FR 75671), this
document is being published in the
‘‘Rules’’ section of the Federal Register
to comply with publication
requirements under 1 CFR chapter I.
III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
IV. Backfitting, Forward Fitting, and
Issue Finality
RG 1.87, Revision 2, does not
constitute backfitting as defined in
section 50.109 of title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Backfitting,’’ and as described in NRC
Management Directive (MD) 8.4,
‘‘Management of Backfitting, Forward
Fitting, Issue Finality, and Information
Requests’’; constitute forward fitting as
that term is defined and described in
MD 8.4; or affect the issue finality of any
approval issued under 10 CFR part 52,
‘‘Licenses, Certificates, and Approvals
for Nuclear Power Plants.’’
The guidance does not apply to any
current licensees or applicants or
existing or requested approvals under
10 CFR part 52, and therefore, its
issuance cannot be a backfit or forward
fit or affect issue finality. Further, as
explained in RG 1.87, Revision 2,
applicants and licensees are not
required to comply with the positions
set forth in RG 1.87, Revision 2.
V. Availability of Documents
ADAMS accession
No.
Document
RG 1.87, Revision 2, ‘‘Acceptability of ASME Code, Section III, Division 5, ‘High Temperature Reactors,’ ’’ dated January
2023.
Regulatory Analysis for RG 1.87, Revision 2 .............................................................................................................................
DG–1380 (Proposed Revision 2 to RG 1.87), ‘‘Acceptability of ASME Code, Section III, Division 5, ‘High Temperature Reactors,’ ’’ dated August 2021.
NUREG–2245, ‘‘Technical Review of the 2017 Edition of ASME Section III, Division 5, ‘High Temperature Reactors,’ ’’
dated January 2023.
TLR–RES/DE/REB–2022–01, ‘‘Review of Code Cases Permitting Use of Nickel-Based Alloy 617 in Conjunction with
ASME Section III, Division 5,’’ dated January 31, 2022.
Response to Public Comments on DG–1380, dated January 2023 ..........................................................................................
MD 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests,’’ dated September 20,
2019.
VI. Submitting Suggestions for
Improvement of Regulatory Guides
[FR Doc. 2023–02518 Filed 2–6–23; 8:45 am]
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BILLING CODE 7590–01–P
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ML23030B636.
ML22031A137.
ML22101A267.
ML18093B087.
[EERE–2022–BT–CRT–0021]
RIN 1904–AF42
DATES:
10 CFR Part 429
Dated: February 1, 2023.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
ML21091A277.
ML21091A276.
for determining product categories and
the corresponding product definitions to
avoid confusion regarding the
application of those definitions.
DEPARTMENT OF ENERGY
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
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contactus.html. Suggestions will be
considered in future updates and
enhancements to the ‘‘Regulatory
Guide’’ series.
ML22101A263.
The effective date of this rule is
March 9, 2023.
Energy Conservation Program:
Consumer Refrigeration and
Miscellaneous Refrigeration Products
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
On July 18, 2016, the U.S.
Department of Energy (DOE) 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
final rule corrects certain
inconsistencies between the instructions
SUMMARY:
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The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as those
containing information that is exempt
from public disclosure.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2022-BT-CRT-0021. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
review the docket contact the Appliance
and Equipment Standards Program staff
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
ADDRESSES:
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Matthew Schneider, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240)–597–
6265. Email: matthew.schneider@
hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Background
III. Scope and Definitions
IV. Discussion of Amendments
A. ‘‘Coldest Temperature’’ Requirement
B. Products Meeting Multiple Product
Category Definitions
C. Compartment Volume Determination
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
VI. Approval of the Office of the Secretary
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I. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part 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,
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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refrigerator-freezers, and freezers).
These products are the focus of this
final rule, and collectively comprise
what DOE refers to as ‘‘consumer
refrigeration products’’ in this
document.
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)) EPCA originally included
refrigerators, refrigerator-freezers, and
freezers as covered products at 42 U.S.C.
6292(a)(1) and prescribed initial energy
conservation standards for them at 42
U.S.C. 6295(b), which DOE has since
amended through rulemakings. To
address additional types of consumer
refrigeration products, DOE added
MREFs as covered products through a
final coverage determination 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 refrigeratorfreezer).
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 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 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 any relevant standards
promulgated under EPCA. (42 U.S.C.
6295(s))
This final rule is intended to narrowly
clarify and correct inconsistencies in
certain product category determination
specifications within the certification
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provisions for the consumer
refrigeration products that are the
subject of this document.
II. Background
In the July 2016 Final Rule DOE
amended the test procedure for
refrigerators and refrigerator-freezers
and established both coverage and
procedures for testing miscellaneous
refrigeration products (‘‘MREFs’’). 81 FR
46768. The July 2016 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.
On June 13, 2022, DOE published a
notice of proposed rulemaking
(‘‘NOPR’’) applicable to consumer
refrigeration products, proposing
corrections to certain inconsistencies
between the instructions for
determining product categories and the
corresponding product definitions to
avoid confusion regarding the
application of those definitions (‘‘June
2022 NOPR’’). 87 FR 35678. DOE
requested comment from interested
parties on the proposal.
DOE received one comment in
response to the June 2022 NOPR from
the Association of Home Appliance
Manufacturers (‘‘AHAM’’). A
parenthetical reference at the end of a
comment quotation or paraphrase
provides the location of the item in the
public record.3
III. Scope and Definitions
DOE’s regulations generally categorize
consumer refrigeration products into
different product categories based on
operating temperatures, among other
criteria. In the June 2022 NOPR, DOE
described the various consumer
refrigeration products and their
definitions. 87 FR 35678, 35679. The
various consumer refrigeration product
categories are refrigerator, freezer,
refrigerator-freezer, cooler, coolerrefrigerator, cooler-freezer, and coolerrefrigerator-freezer. The latter three of
the product categories are considered
combination cooler refrigeration
products. The term ‘‘miscellaneous
refrigeration product’’ or MREF is
defined to mean a consumer
refrigeration product other than a
3 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop certifications for consumer
refrigeration products. (Docket No. EERE–2022–BT–
CRT–0021, which is maintained at
www.regulations.gov). The references are arranged
as follows: (commenter name, comment docket ID
number, page of that document).
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refrigerator, refrigerator-freezer, or
freezer, which includes coolers and
combination cooler refrigeration
products. See generally 10 CFR 430.2.
The amendments in this final rule do
not alter any of the definitions
associated with the various consumer
refrigeration products. Rather, as
discussed below, this final rule seeks to
narrowly clarify and correct
inconsistencies in certain product
category determination specifications
within the certification provisions.
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IV. Discussion of 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, § 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 °F (3.9
°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, refrigeratorfreezers, freezers, and for compartments
in MREF products other than cooler
compartments. In the June 2022 NOPR,
DOE provided examples illustrating
how determining product classification
for these types of consumer refrigeration
products is based on the capability of a
product to operate within an applicable
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temperature range and is not specific to
the lowest capable operating
temperature (i.e., not specific to the
‘‘coldest setting’’). 87 FR 35678, 35680.
DOE further noted 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).
In the June 2022 NOPR, DOE
tentatively determined that the coldest
setting instructions as currently
included in 10 CFR 429.14(d)(2) and 10
CFR 429.61(d)(2) are inconsistent with
the definitions established in the July
2016 Final Rule and therefore proposed
to correct this inconsistency. 87 FR
35678, 35680. To address the issue, DOE
proposed that the instructions for
determining compartment classification
would differentiate cooler
compartments from other
compartments. Id. For cooler
compartments, DOE proposed 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. Id. For compartments
other than cooler compartments, DOE
proposed 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, and to instead specify that the
compartment temperature settings used
to determine product category would
also 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. Id.
AHAM agreed with DOE that the
inclusion of the ‘‘coldest setting’’
instruction for compartments other than
cooler compartments is an error and
agreed that a correction is necessary.
AHAM expressed general support for
DOE’s proposal, but suggested that the
proposed wording changes for 10 CFR
429.14(d)(2) and 10 CFR 429.61(d)(2)
did not completely resolve the issue.
Specifically, AHAM suggested that
while it was DOE’s intent that a
technician use the mean of the
measured temperature locations in the
compartment during testing, the
proposed language makes no mention of
how to take those measurements and
determine a product category. AHAM
noted that for refrigerator and freezer
compartments, for example, the unit
must be able to achieve temperatures
between a certain range when tested.
AHAM asserted that a technician at a
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test laboratory reading the proposed
change to 10 CFR 429.14(d)(2) could
interpret the text to refer to the
compartment temperature at the mean
setting, rather than the mean of the
measured temperature locations in the
compartment, as intended by DOE’s
proposed language. (AHAM, No. 2 at p.
2–3)
AHAM proposed alternate language
for 10 CFR 429.14(d)(2) specifying that
compartment temperature used to
determine product category is per the
definition in 10 CFR 430.2, and shall be
the mean of the measured compartment
temperatures for each tested unit of the
basic model when measured according
to section 5.1 of appendix A of subpart
B of part 430 for refrigerators and
refrigerator-freezers, and section 5.1 of
appendix B of subpart B of part 430 for
freezers. Similarly, AHAM proposed
language for 10 CFR 429.61(d)(2),
specifying that compartment
temperature used to determine product
category is per the definition in 10 CFR
430.2, and shall be the mean of the
measured compartment temperatures at
the coldest setting for each tested unit
of the basic model when measured
according to section 5.1 of appendix A
to subpart B of part 430. AHAM’s
proposed language would also specify
that for cooler compartments with
temperatures below 39 °F (3.9 °C) but no
lower than 37 °F (2.8 °C), the
compartment temperatures used to
determine product category, per the
definitions in 10 CFR 430.2, shall also
include the mean of the measured
compartment temperatures at the
warmest setting for each tested unit of
the basic model when measured
according to section 5.1 of appendix A
to subpart B of part 430. (AHAM, No. 2
at p. 3)
AHAM stated that its proposed
language reflects DOE’s intent to correct
inconsistencies between the instructions
for determining product categories and
the corresponding product definitions,
while also providing additional
specificity to avoid confusion in testing
situations. AHAM further stated that the
proposed edits would establish a direct
connection between 10 CFR
429.14(d)(2), 10 CFR 429.61(d)(2), and
their respective testing provisions of
appendices A and B of subpart B of part
430, and the relevant product category
definitions in 10 CFR 430.2. (Id.)
DOE has determined that the edits
suggested by AHAM would provide
greater specificity in indicating what
settings would be required when
making measurements to determine
product category, and what procedures
would be used when making the
measurements. To provide even further
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specificity, DOE has determined that the
instructions should additionally refer to
the specific test conditions of appendix
A and/or appendix B, as applicable.
Hence, DOE is amending the
instructions at 10 CFR 429.14(d)(2) and
10 CFR 429.61(d)(2) to explicitly state
that product category determination
shall be based on testing under the
conditions specified in appendix A and/
or appendix B, as applicable, in
addition to the language suggested by
AHAM. DOE notes that the introductory
text in 10 CFR 429.14(d) and 429.61(d)
references 10 CFR 430.2 regarding
product category definitions, and
therefore DOE is not additionally
referencing 10 CFR 430.2 within the
amended text of 10 CFR 429.14(d)(2)
and 429.61(d)(2) as recommended by
AHAM.
Furthermore, DOE notes that AHAM’s
proposed edits to 10 CFR 429.14(d)(2)
suggest that the only temperatures
needed for determination of product
category are the temperatures that
would be measured during energy
testing of the product. However, in some
cases, determining product
classification may require determining
the full range of a compartment’s
potential temperatures. For example,
measuring the full range of temperatures
may be required to determine whether
a fresh food or freezer compartment is
convertible.4 DOE also notes that
combination cooler refrigeration
products are also covered under 10 CFR
429.61(d)(2). Thus, language applicable
to fresh food and freezer compartments
must also be included in that section.
Hence, DOE is also amending 10 CFR
429.14(d)(2) and 10 CFR 429.61(d)(2) to
emphasize that determination of
compartment status may require
determining the full range of
compartment temperature.
Finally, in cases where multiple units
of a model are evaluated, DOE
recognizes that for different units of the
same model, a compartment within a
given model may have a slightly
different temperature range than for the
other units. In such cases, DOE expects
that the mean of the maximum or
minimum temperatures of the
compartment across the units in the
sample would be considered when
determining compartment status. DOE is
adopting clarifying amendments in 10
CFR 429.14(d)(2) and 10 CFR
429.61(d)(2) specifying that if the
temperature ranges for the same
compartment of multiple units of a
4 DOE notes that the need to measure the full
range of temperatures is already incorporated into
AHAM’s suggested language for cooler
compartments with temperatures below 39 °F (3.9
°C) but no lower than 37 °F (2.8 °C).
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sample are different, the maximum and
minimum compartment temperatures
for compartment status determination
shall be based on the mean
measurements for the units in the
sample.
B. Products Meeting Multiple Product
Category Definitions
In the June 2022 NOPR, DOE
proposed 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 (i.e., a
‘‘convertible product’’), the model must
be tested and certified to each
applicable product category. 87 FR
35678, 35680–81.
DOE received no comments on this
proposal. For the reasons presented in
the June 2022 NOPR, DOE is amending
10 CFR 429.14(d) and 10 CFR 429.61(d)
to specify that products that may be
classified as both a fresh food
compartment and a freezer compartment
must be tested and certified to each
applicable product category based on
the operation of the compartment(s) as
both fresh food and freezer
compartments.
DOE notes that the definition of a
cooler compartment does not
accommodate a compartment being
classified as convertible between cooler
status and fresh food status—this
applies only for compartments that are
convertible between fresh food and
freezer status.
C. Compartment Volume Determination
In this final rule, DOE is adopting
editorial and clarifying amendments to
the compartment volume determination
instructions in 10 CFR 429.14(d)(1) and
10 CFR 429.61(d)(1) to update and
clarify the instructions, specifically as
they relate to products with multiple
compartments. In adopting these
amendments, DOE is not modifying the
existing approach, but rather including
clarifications to ensure the compartment
volume determination is properly
performed for all product
configurations.
V. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
This final rule is not a ‘‘significant
regulatory action’’ under any of the
criteria set out in section 3(f) of
Executive Order 12866, ‘‘Regulatory
Planning and Review.’’ 58 FR 51735
(October 4, 1993). Accordingly, this
action was not subject to review by the
Office of Information and Regulatory
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Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(‘‘FRFA’’) for any final rule where the
agency was first required by law to
publish a proposed rule for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel. DOE reviewed
this final rule under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003.
This final rule makes amendments to
address inconsistencies introduced in
the July 2016 Final Rule. The
corrections do not otherwise affect the
scope or substance of the current test
procedures for consumer refrigeration
products.
Therefore, DOE concludes that the
impacts of the amendments in this final
rule do not have a ‘‘significant economic
impact on a substantial number of small
entities,’’ and that the preparation of a
FRFA 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
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collection-of-information requirement
for the certification and recordkeeping
is subject to review and approval by
OMB under the Paperwork Reduction
Act (‘‘PRA’’). This requirement has been
approved by OMB under OMB Control
Number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
DOE is not amending the certification
or reporting requirements for consumer
refrigeration products in this final rule.
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.
ddrumheller on DSK120RN23PROD with RULES
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE establishes
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
VerDate Sep<11>2014
17:54 Feb 06, 2023
Jkt 259001
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE has examined this final 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
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE
%20Final%20Updated
%20IQA%20Guidelines
%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
ddrumheller on DSK120RN23PROD with RULES
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
17:54 Feb 06, 2023
Jkt 259001
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
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 January 30, 2023,
by Francisco Alejandro Moreno, Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, U.S. Department
of 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 January 30,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends 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
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.
2. Section 429.14 is amended by
revising paragraph (d) to read as
follows:
■
§ 429.14 Consumer refrigerators,
refrigerator-freezers and freezers.
L. Congressional Notification
VerDate Sep<11>2014
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
*
*
*
*
*
(d) Product category determination.
Each basic model shall be certified
according to the appropriate product
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
7845
category as defined in § 430.2 of this
chapter based on compartment volumes
and compartment temperatures. If one
or more compartments could be
classified as both a fresh food
compartment and a freezer
compartment, the model must be
certified to each applicable product
category based on the operation of the
compartment(s) as both fresh food and
freezer compartments.
(1) Compartment volume used to
determine product category shall be, for
each compartment, the mean of the
volumes of that specific compartment
for the sample of tested units of the
basic model, measured according to the
provisions in section 4.1 of appendix A
of subpart B of part 430 of this chapter
for refrigerators and refrigerator-freezers
and section 4.1 of appendix B of subpart
B of part 430 of this chapter for freezers,
or, for each compartment, the volume of
that specific compartment calculated for
the basic model in accordance with
§ 429.72(c).
(2) Determination of the compartment
temperature ranges shall be based on
operation under the conditions
specified and using measurement of
compartment temperature as specified
in appendix A of subpart B of part 430
of this chapter for refrigerators and
refrigerator-freezers and appendix B of
subpart B of part 430 of this chapter for
freezers. The determination of
compartment status may require
evaluation of a model at the extremes of
the range of user-selectable temperature
control settings. If the temperature
ranges for the same compartment of
multiple units of a sample are different,
the maximum and minimum
compartment temperatures for
compartment status determination shall
be based on the mean measurements for
the units in the sample.
■ 3. Section 429.61 is amended by
revising paragraph (d) to read as
follows:
§ 429.61 Consumer miscellaneous
refrigeration products.
*
*
*
*
*
(d) Product category determination.
Each basic model of miscellaneous
refrigeration product must be certified
according to the appropriate product
category as defined in § 430.2 of this
chapter based on compartment volumes
and compartment temperatures. If one
or more compartments could be
classified as both a fresh food
compartment and a freezer
compartment, the model must be
certified to each applicable product
category based on the operation of the
compartment(s) as both fresh food and
freezer compartments.
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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
(1) Compartment volume used to
determine product category shall be, for
each compartment, the mean of the
volumes of that specific compartment
for the sample of tested units of the
basic model, measured according to the
provisions in section 4.1 of appendix A
of subpart B of part 430 of this chapter,
or, for each compartment, the volume of
that specific compartment calculated for
the basic model in accordance with
§ 429.72(d).
(2) For compartments other than
cooler compartments, determination of
the compartment temperature ranges
shall be based on operation of the
product under the conditions specified
in appendix A to subpart B of part 430
of this chapter for miscellaneous
refrigeration products. The
determination of compartment status
may require evaluation of a model at the
extremes of the range of user-selectable
temperature control settings. If the
temperature ranges for the same
compartment of multiple units of a
sample are different, the maximum and
minimum compartment temperatures
for compartment status determination
shall be based on the mean
measurements for the units in the
sample.
[FR Doc. 2023–02198 Filed 2–6–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2021–BT–TP–0023]
RIN 1904–AF18
Energy Conservation Program: Test
Procedure for Cooking Products;
Correction
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Correcting amendments.
AGENCY:
On August 22, 2022, the U.S.
Department of Energy (‘‘DOE’’)
published a final rule adopting test
procedures for a category of cooking
products, i.e., conventional cooking
tops. This document corrects errors and
omissions in that final rule. Neither the
errors and omissions nor the corrections
affect the substance of the rulemaking or
any conclusions reached in support of
the final rule.
DATES: Effective February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Dr. Carl Shapiro, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
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SUMMARY:
VerDate Sep<11>2014
17:54 Feb 06, 2023
Jkt 259001
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5649. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Melanie Lampton, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240) 751–
5157. Email: Melanie.Lampton@
hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 22, 2022, DOE published
a final rule (‘‘August 2022 Final Rule’’)
establishing a test procedure for cooking
tops at title 10 of the Code of Federal
Regulations (‘‘CFR’’) part 430, subpart B,
appendix I1 (‘‘appendix I1’’). 87 FR
51492. Since publication of the August
2022 Final Rule, DOE has identified
errors and omissions in the regulatory
text. DOE is issuing this rule to correct
certain technical errors and omissions
in the August 2022 Final Rule,
specifically in appendix I1 of 10 CFR
part 430, and to assist regulated entities
with compliance efforts.
In Table 3.1 of the regulatory text of
the August 2022 Final Rule, the first
column (i.e., Minimum nominal gas
burner input rate) was erroneously
labeled with a ‘‘less than’’ sign (), as it
was labeled in Table III.2 in the
preamble of the August 2022 Final Rule.
87 FR 51514, 51542. This notice corrects
the typographical error.
Additionally, DOE discussed that it
was finalizing its proposal to normalize
the energy use of the minimum-abovethreshold cycle to represent an Energy
Test Cycle with a final water
temperature of exactly 90 degrees
Celsius as proposed in the November 4,
2022 Notice of Proposed Rulemaking. 87
FR 51510–51511; See also 86 FR 60974.
However, section 4.1.1.2.2 of appendix
I1 as codified in the August 2022 Final
Rule inadvertently performs this
normalization on the gas volume
consumption (represented by the
symbol ‘‘V’’) rather than on the gas
energy consumption (represented by the
symbol ‘‘Eg’’). Subsequently, the
equation for calculating per-cycle active
mode gas energy consumption in
section 4.1.1.2.4 of appendix I1 as
codified by the August 2022 Final Rule
uses the normalized gas volume
consumption calculated in section
4.1.1.2.2 (multiplied by the gas
correction factor ‘‘CF’’ and the heating
value of the gas ‘‘H’’ to determine gas
energy consumption). In this notice,
DOE is correcting section 4.1.1.2.2 of
appendix I1 to calculate the normalized
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Fmt 4700
Sfmt 4700
gas energy consumption rather than gas
volume consumption; accordingly, DOE
is also correcting section 4.1.1.2.4 to use
the normalized gas energy consumption
value calculated in section 4.1.1.2.2.
Finally, as codified by the August
2022 Final Rule, section 3.3.1.1 of
appendix I1 specifies recording the
higher heating value (‘‘H’’) for the
natural gas or propane supply. A
complete test of a conventional gas
cooking top typically includes multiple
test cycles on each cooking zone (e.g.,
the minimum-above-threshold cycle and
maximum-below-threshold cycle), and
the higher heating value may differ for
each test cycle. The higher heating value
is used in the equation in section
4.1.1.2.2 as corrected by this final rule.
DOE has determined that the current
instruction in section 3.3.1.1 may not
provide sufficient clarity that the value
of H must be recorded for each test cycle
for each cooking zone. Therefore, DOE
is adding language in section 3.3.1.1 of
appendix I1 to specify recording the
higher heating value of the gas ‘‘for each
test.’’
II. Need for Correction
As published, the regulatory text in
August 2022 Final Rule may lead to
inaccurately calculated test results due
to omitted language and the use of
incorrect symbols and formulas.
Because this final rule would simply
correct errors and omissions in the text
without making substantive changes in
the August 2022 Final Rule, the changes
addressed in this document are
technical in nature.
III. Procedural Issues and Regulatory
Review
DOE has concluded that the
determinations made pursuant to the
various procedural requirements
applicable to the August 2022 Final
Rule remain unchanged for these final
rule technical corrections. These
determinations are set forth in the
August 2022 Final Rule. 87 FR 51492,
51533–51537.
Pursuant to the Administrative
Procedure Act, 5 U.S.C. 553(b), DOE
finds that there is good cause to not
issue a separate notice to solicit public
comment on those technical corrections
contained in this document. Issuing a
separate notice to solicit public
comment would be impracticable,
unnecessary, and contrary to the public
interest. As explained previously, the
corrections in this document do not
affect the substance of or any of the
conclusions reached in support of the
August 2022 Final Rule. Additionally,
given the August 2022 Final Rule is a
product of an extensive administrative
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7840-7846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02198]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: On July 18, 2016, the U.S. Department of Energy (DOE)
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 final rule corrects certain
inconsistencies between the instructions for determining product
categories and the corresponding product definitions to avoid confusion
regarding the application of those definitions.
DATES: The effective date of this rule is March 9, 2023.
ADDRESSES: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, not all documents listed in
the index may be publicly available, such as those containing
information that is exempt from public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-CRT-0021. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
[[Page 7841]]
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Mr. Matthew Schneider, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (240)-597-6265. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Background
III. Scope and Definitions
IV. Discussion of Amendments
A. ``Coldest Temperature'' Requirement
B. Products Meeting Multiple Product Category Definitions
C. Compartment Volume Determination
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
VI. Approval of the Office of the Secretary
I. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part 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 final rule, and collectively comprise what DOE refers to as
``consumer refrigeration products'' in this document.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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)) EPCA originally included
refrigerators, refrigerator-freezers, and freezers as covered products
at 42 U.S.C. 6292(a)(1) and prescribed initial energy conservation
standards for them at 42 U.S.C. 6295(b), which DOE has since amended
through rulemakings. To address additional types of consumer
refrigeration products, DOE added MREFs as covered products through a
final coverage determination 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 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 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 any
relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))
This final rule 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. Background
In the July 2016 Final Rule DOE amended the test procedure for
refrigerators and refrigerator-freezers and established both coverage
and procedures for testing miscellaneous refrigeration products
(``MREFs''). 81 FR 46768. The July 2016 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.
On June 13, 2022, DOE published a notice of proposed rulemaking
(``NOPR'') applicable to consumer refrigeration products, proposing
corrections to certain inconsistencies between the instructions for
determining product categories and the corresponding product
definitions to avoid confusion regarding the application of those
definitions (``June 2022 NOPR''). 87 FR 35678. DOE requested comment
from interested parties on the proposal.
DOE received one comment in response to the June 2022 NOPR from the
Association of Home Appliance Manufacturers (``AHAM''). A parenthetical
reference at the end of a comment quotation or paraphrase provides the
location of the item in the public record.\3\
---------------------------------------------------------------------------
\3\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
certifications for consumer refrigeration products. (Docket No.
EERE-2022-BT-CRT-0021, which is maintained at www.regulations.gov).
The references are arranged as follows: (commenter name, comment
docket ID number, page of that document).
---------------------------------------------------------------------------
III. Scope and Definitions
DOE's regulations generally categorize consumer refrigeration
products into different product categories based on operating
temperatures, among other criteria. In the June 2022 NOPR, DOE
described the various consumer refrigeration products and their
definitions. 87 FR 35678, 35679. The various consumer refrigeration
product categories are refrigerator, freezer, refrigerator-freezer,
cooler, cooler-refrigerator, cooler-freezer, and cooler-refrigerator-
freezer. The latter three of the product categories are considered
combination cooler refrigeration products. The term ``miscellaneous
refrigeration product'' or MREF is defined to mean a consumer
refrigeration product other than a
[[Page 7842]]
refrigerator, refrigerator-freezer, or freezer, which includes coolers
and combination cooler refrigeration products. See generally 10 CFR
430.2.
The amendments in this final rule do not alter any of the
definitions associated with the various consumer refrigeration
products. Rather, as discussed below, this final rule seeks to narrowly
clarify and correct inconsistencies in certain product category
determination specifications within the certification provisions.
IV. Discussion of 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 MREF products other than
cooler compartments. In the June 2022 NOPR, DOE provided examples
illustrating how 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''). 87 FR 35678, 35680. DOE further noted 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).
In the June 2022 NOPR, DOE tentatively determined that the coldest
setting instructions as currently included in 10 CFR 429.14(d)(2) and
10 CFR 429.61(d)(2) are inconsistent with the definitions established
in the July 2016 Final Rule and therefore proposed to correct this
inconsistency. 87 FR 35678, 35680. To address the issue, DOE proposed
that the instructions for determining compartment classification would
differentiate cooler compartments from other compartments. Id. For
cooler compartments, DOE proposed 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. Id.
For compartments other than cooler compartments, DOE proposed 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, and to instead specify that the
compartment temperature settings used to determine product category
would also 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. Id.
AHAM agreed with DOE that the inclusion of the ``coldest setting''
instruction for compartments other than cooler compartments is an error
and agreed that a correction is necessary. AHAM expressed general
support for DOE's proposal, but suggested that the proposed wording
changes for 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) did not
completely resolve the issue. Specifically, AHAM suggested that while
it was DOE's intent that a technician use the mean of the measured
temperature locations in the compartment during testing, the proposed
language makes no mention of how to take those measurements and
determine a product category. AHAM noted that for refrigerator and
freezer compartments, for example, the unit must be able to achieve
temperatures between a certain range when tested. AHAM asserted that a
technician at a test laboratory reading the proposed change to 10 CFR
429.14(d)(2) could interpret the text to refer to the compartment
temperature at the mean setting, rather than the mean of the measured
temperature locations in the compartment, as intended by DOE's proposed
language. (AHAM, No. 2 at p. 2-3)
AHAM proposed alternate language for 10 CFR 429.14(d)(2) specifying
that compartment temperature used to determine product category is per
the definition in 10 CFR 430.2, and shall be the mean of the measured
compartment temperatures for each tested unit of the basic model when
measured according to section 5.1 of appendix A of subpart B of part
430 for refrigerators and refrigerator-freezers, and section 5.1 of
appendix B of subpart B of part 430 for freezers. Similarly, AHAM
proposed language for 10 CFR 429.61(d)(2), specifying that compartment
temperature used to determine product category is per the definition in
10 CFR 430.2, and shall be the mean of the measured compartment
temperatures at the coldest setting for each tested unit of the basic
model when measured according to section 5.1 of appendix A to subpart B
of part 430. AHAM's proposed language would also specify that for
cooler compartments with temperatures below 39 [deg]F (3.9 [deg]C) but
no lower than 37 [deg]F (2.8 [deg]C), the compartment temperatures used
to determine product category, per the definitions in 10 CFR 430.2,
shall also include the mean of the measured compartment temperatures at
the warmest setting for each tested unit of the basic model when
measured according to section 5.1 of appendix A to subpart B of part
430. (AHAM, No. 2 at p. 3)
AHAM stated that its proposed language reflects DOE's intent to
correct inconsistencies between the instructions for determining
product categories and the corresponding product definitions, while
also providing additional specificity to avoid confusion in testing
situations. AHAM further stated that the proposed edits would establish
a direct connection between 10 CFR 429.14(d)(2), 10 CFR 429.61(d)(2),
and their respective testing provisions of appendices A and B of
subpart B of part 430, and the relevant product category definitions in
10 CFR 430.2. (Id.)
DOE has determined that the edits suggested by AHAM would provide
greater specificity in indicating what settings would be required when
making measurements to determine product category, and what procedures
would be used when making the measurements. To provide even further
[[Page 7843]]
specificity, DOE has determined that the instructions should
additionally refer to the specific test conditions of appendix A and/or
appendix B, as applicable. Hence, DOE is amending the instructions at
10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to explicitly state that
product category determination shall be based on testing under the
conditions specified in appendix A and/or appendix B, as applicable, in
addition to the language suggested by AHAM. DOE notes that the
introductory text in 10 CFR 429.14(d) and 429.61(d) references 10 CFR
430.2 regarding product category definitions, and therefore DOE is not
additionally referencing 10 CFR 430.2 within the amended text of 10 CFR
429.14(d)(2) and 429.61(d)(2) as recommended by AHAM.
Furthermore, DOE notes that AHAM's proposed edits to 10 CFR
429.14(d)(2) suggest that the only temperatures needed for
determination of product category are the temperatures that would be
measured during energy testing of the product. However, in some cases,
determining product classification may require determining the full
range of a compartment's potential temperatures. For example, measuring
the full range of temperatures may be required to determine whether a
fresh food or freezer compartment is convertible.\4\ DOE also notes
that combination cooler refrigeration products are also covered under
10 CFR 429.61(d)(2). Thus, language applicable to fresh food and
freezer compartments must also be included in that section. Hence, DOE
is also amending 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to
emphasize that determination of compartment status may require
determining the full range of compartment temperature.
---------------------------------------------------------------------------
\4\ DOE notes that the need to measure the full range of
temperatures is already incorporated into AHAM's suggested language
for cooler compartments with temperatures below 39 [deg]F (3.9
[deg]C) but no lower than 37 [deg]F (2.8 [deg]C).
---------------------------------------------------------------------------
Finally, in cases where multiple units of a model are evaluated,
DOE recognizes that for different units of the same model, a
compartment within a given model may have a slightly different
temperature range than for the other units. In such cases, DOE expects
that the mean of the maximum or minimum temperatures of the compartment
across the units in the sample would be considered when determining
compartment status. DOE is adopting clarifying amendments in 10 CFR
429.14(d)(2) and 10 CFR 429.61(d)(2) specifying that if the temperature
ranges for the same compartment of multiple units of a sample are
different, the maximum and minimum compartment temperatures for
compartment status determination shall be based on the mean
measurements for the units in the sample.
B. Products Meeting Multiple Product Category Definitions
In the June 2022 NOPR, DOE proposed 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 (i.e., a ``convertible product''), the
model must be tested and certified to each applicable product category.
87 FR 35678, 35680-81.
DOE received no comments on this proposal. For the reasons
presented in the June 2022 NOPR, DOE is amending 10 CFR 429.14(d) and
10 CFR 429.61(d) to specify that products that may be classified as
both a fresh food compartment and a freezer compartment must be tested
and certified to each applicable product category based on the
operation of the compartment(s) as both fresh food and freezer
compartments.
DOE notes that the definition of a cooler compartment does not
accommodate a compartment being classified as convertible between
cooler status and fresh food status--this applies only for compartments
that are convertible between fresh food and freezer status.
C. Compartment Volume Determination
In this final rule, DOE is adopting editorial and clarifying
amendments to the compartment volume determination instructions in 10
CFR 429.14(d)(1) and 10 CFR 429.61(d)(1) to update and clarify the
instructions, specifically as they relate to products with multiple
compartments. In adopting these amendments, DOE is not modifying the
existing approach, but rather including clarifications to ensure the
compartment volume determination is properly performed for all product
configurations.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This final rule is not a ``significant regulatory action'' under
any of the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
This final rule makes amendments to address inconsistencies
introduced in the July 2016 Final Rule. The corrections do not
otherwise affect the scope or substance of the current test procedures
for consumer refrigeration products.
Therefore, DOE concludes that the impacts of the amendments in this
final rule do not have a ``significant economic impact on a substantial
number of small entities,'' and that the preparation of a FRFA 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
[[Page 7844]]
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (``PRA''). This requirement has been approved
by OMB under OMB Control Number 1910-1400. Public reporting burden for
the certification is estimated to average 35 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
DOE is not amending the certification or reporting requirements for
consumer refrigeration products in this final rule.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes 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 development of such
regulations. 65 FR 13735. DOE has examined this final 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 final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
[[Page 7845]]
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
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 January 30,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, U.S. Department of 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 January 30, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends 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. Section 429.14 is amended by revising paragraph (d) to read as
follows:
Sec. 429.14 Consumer refrigerators, refrigerator-freezers and
freezers.
* * * * *
(d) Product category determination. Each basic model shall be
certified according to the appropriate product category as defined in
Sec. 430.2 of this chapter based on compartment volumes and
compartment temperatures. If one or more compartments could be
classified as both a fresh food compartment and a freezer compartment,
the model must be certified to each applicable product category based
on the operation of the compartment(s) as both fresh food and freezer
compartments.
(1) Compartment volume used to determine product category shall be,
for each compartment, the mean of the volumes of that specific
compartment for the sample of tested units of the basic model, measured
according to the provisions in section 4.1 of appendix A of subpart B
of part 430 of this chapter for refrigerators and refrigerator-freezers
and section 4.1 of appendix B of subpart B of part 430 of this chapter
for freezers, or, for each compartment, the volume of that specific
compartment calculated for the basic model in accordance with Sec.
429.72(c).
(2) Determination of the compartment temperature ranges shall be
based on operation under the conditions specified and using measurement
of compartment temperature as specified in appendix A of subpart B of
part 430 of this chapter for refrigerators and refrigerator-freezers
and appendix B of subpart B of part 430 of this chapter for freezers.
The determination of compartment status may require evaluation of a
model at the extremes of the range of user-selectable temperature
control settings. If the temperature ranges for the same compartment of
multiple units of a sample are different, the maximum and minimum
compartment temperatures for compartment status determination shall be
based on the mean measurements for the units in the sample.
0
3. Section 429.61 is amended by revising paragraph (d) to read as
follows:
Sec. 429.61 Consumer miscellaneous refrigeration products.
* * * * *
(d) Product category determination. Each basic model of
miscellaneous refrigeration product must be certified according to the
appropriate product category as defined in Sec. 430.2 of this chapter
based on compartment volumes and compartment temperatures. If one or
more compartments could be classified as both a fresh food compartment
and a freezer compartment, the model must be certified to each
applicable product category based on the operation of the
compartment(s) as both fresh food and freezer compartments.
[[Page 7846]]
(1) Compartment volume used to determine product category shall be,
for each compartment, the mean of the volumes of that specific
compartment for the sample of tested units of the basic model, measured
according to the provisions in section 4.1 of appendix A of subpart B
of part 430 of this chapter, or, for each compartment, the volume of
that specific compartment calculated for the basic model in accordance
with Sec. 429.72(d).
(2) For compartments other than cooler compartments, determination
of the compartment temperature ranges shall be based on operation of
the product under the conditions specified in appendix A to subpart B
of part 430 of this chapter for miscellaneous refrigeration products.
The determination of compartment status may require evaluation of a
model at the extremes of the range of user-selectable temperature
control settings. If the temperature ranges for the same compartment of
multiple units of a sample are different, the maximum and minimum
compartment temperatures for compartment status determination shall be
based on the mean measurements for the units in the sample.
[FR Doc. 2023-02198 Filed 2-6-23; 8:45 am]
BILLING CODE 6450-01-P
