Energy Conservation Program: Energy Conservation Standards for Miscellaneous Refrigeration Products, 79370-79374 [2024-22131]
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
inconsistent with the discussion in the
Implementation section of RG 3.7, then
the licensee may file a backfitting or
forward fitting appeal with the NRC in
accordance with the process in MD 8.4.
V. Submitting Suggestions for
Improvement of Regulatory Guides
[EERE–2020–BT–STD–0039]
The docket for this
rulemaking, which includes Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as information that is exempt from
public disclosure.
The docket web page can be found at
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page contains instructions on how to
access all documents, including public
comments, in the docket.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
RIN 1904–AF62
FOR FURTHER INFORMATION CONTACT:
ADDRESSES:
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 to address new
issues. Suggestions can be submitted on
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Suggestions will be considered in future
updates and enhancements to the
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Dated: September 24, 2024.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2024–22246 Filed 9–27–24; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
Energy Conservation Program: Energy
Conservation Standards for
Miscellaneous Refrigeration Products
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of
effective and compliance dates;
technical correction.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) published a direct final
rule to establish new energy
conservation standards for
miscellaneous refrigeration products in
the Federal Register on May 7, 2024.
DOE has determined that the comments
received in response to the direct final
rule are not adverse and, thus, do not
provide a reasonable basis for
withdrawing the direct final rule.
Therefore, DOE provides this document
confirming the effective and compliance
dates of those standards. This document
also corrects an error in the amended
regulatory text as it appeared in the
direct final rule published on May 7,
2024.
SUMMARY:
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The effective date of September 4,
2024, for the direct final rule published
May 7, 2024 (89 FR 38762) is confirmed.
Compliance with the standards
established in the direct final rule will
be required on January 31, 2029.
The technical correction in this
document is effective September 30,
2024.
DATES:
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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. Telephone: (202) 287–
5904. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Kristin Koernig, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–4789. Email:
kristin.koernig@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Miscellaneous Refrigeration Products
Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Typographical Error Correction
IV. Impact of Any Lessening of Competition
V. Review Under the National Environmental
Policy Act of 1969
VI. Conclusion
I. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
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(‘‘EPCA’’),1 authorizes DOE to issue a
direct final rule establishing an energy
conservation standard for a product on
receipt of a statement submitted jointly
by interested persons that are fairly
representative of relevant points of view
(including representatives of
manufacturers of covered products,
States, and efficiency advocates), as
determined by the Secretary of Energy
(‘‘Secretary’’), that contains
recommendations with respect to an
energy or water conservation standard
that are in accordance with the
provisions of 42 U.S.C. 6295(o) or 42
U.S.C. 6313(a)(6)(B), as applicable. (42
U.S.C. 6295(p)(4))
The direct final rule must be
published simultaneously with a notice
of proposed rulemaking (‘‘NOPR’’) that
proposes an energy or water
conservation standard that is identical
to the standard established in the direct
final rule, and DOE must provide a
public comment period of at least 110
days on this proposal. (42 U.S.C.
6295(p)(4)(A)–(B)) Not later than 120
days after issuance of the direct final
rule, DOE shall withdraw the direct
final rule if: (1) DOE receives one or
more adverse public comments relating
to the direct final rule or any alternative
joint recommendation; and (2) based on
the rulemaking record relating to the
direct final rule, DOE determines that
such adverse public comments or
alternative joint recommendation may
provide a reasonable basis for
withdrawing the direct final rule. (42
U.S.C. 6295(p)(4)(C)) If DOE makes such
a determination, DOE must proceed
with the NOPR published
simultaneously with the direct final rule
and publish in the Federal Register the
reasons why the direct final rule was
withdrawn. (Id.)
After review of the comments
received in response to the direct final
rule, DOE has determined that it did not
receive any adverse comments
providing a basis for withdrawal
described above for the direct final rule
that is the subject of this document. As
such, DOE did not withdraw this direct
final rule and allowed it to become
effective. Although not required under
EPCA, where DOE does not withdraw a
direct final rule, DOE customarily
publishes a summary of the comments
received during the 110-day comment
period and its responses to those
comments. This document contains
such a summary, as well as DOE’s
responses to the comments.
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.
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II. Miscellaneous Refrigeration
Products Direct Final Rule
A. Background
In a direct final rule published on
October 28, 2016, DOE prescribed the
current energy conservation standards
for miscellaneous refrigeration products
(‘‘MREFs’’) manufactured on and after
October 28, 2019. 81 FR 75194. These
standards are set forth in DOE’s
regulations at 10 CFR 430.32(aa)(1) and
(2). These standards are consistent with
a negotiated term sheet submitted to
DOE by interested parties representing
manufacturers, energy and
environmental advocates, and consumer
groups.2
On March 31, 2023, DOE published a
NOPR proposing to establish amended
standards for MREFs. 88 FR 19382.
On September 25, 2023, DOE received
a joint statement (‘‘Joint Agreement’’)
recommending standards for MREFs
that was submitted jointly by groups
representing manufacturers, energy and
environmental advocates, consumer
groups, and a utility.3 In addition to the
recommended standards for MREFs, the
Joint Agreement also included separate
recommendations for several other
covered products.4 The amended
standard levels recommended in the
Joint Agreement for MREFs, which are
expressed in terms of kilowatt hours per
year (‘‘kWh/yr’’), are presented in table
II.1. Details of the Joint Agreement
recommendations for other products are
provided in the Joint Agreement posted
in the docket for this rulemaking.5
TABLE II.1—RECOMMENDED AMENDED ENERGY CONSERVATION STANDARDS FOR MISCELLANEOUS REFRIGERATION
PRODUCTS
Level
(based on AV (ft3))
Product class
1. Freestanding Compact Coolers (FCC) .....................................................................................
2. Freestanding Coolers (FC) .......................................................................................................
3. Built-in Compact Coolers (BICC) ..............................................................................................
4. Built-in Coolers (BIC) ................................................................................................................
C–3A. Cooler with all-refrigerator—automatic defrost ..................................................................
C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost .................................................
C–5–BI. NEW PRODUCT CLASS: Built-in cooler with refrigerator-freezer—automatic defrost
with bottom-mounted freezer.
C–9. Cooler with upright freezer with automatic defrost without an automatic icemaker ............
C–9–BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker.
C–13A. Compact cooler with all-refrigerator—automatic defrost .................................................
C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost ................................
5.52AV
5.52AV
5.52AV
6.30AV
4.11AV
4.67AV
5.47AV
+
+
+
+
+
+
+
109.1
109.1
109.1
124.6
117.4
133.0
196.2
..............
..............
..............
..............
..............
..............
+ 28I ....
Compliance date
January
January
January
January
January
January
January
31,
31,
31,
31,
31,
31,
31,
2029.
2029.
2029.
2029.
2029.
2029.
2029.
5.58AV + 147.7 + 28I ....
6.38AV + 168.8 + 28I ....
January 31, 2029.
January 31, 2029.
4.74AV + 155.0 ..............
5.22AV + 170.5 ..............
January 31, 2029.
January 31, 2029.
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AV = Total adjusted volume, expressed in ft3, as determined in appendices A and B of subpart B of 10 CFR part 430.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.
After carefully considering the
recommended energy conservation
standards for MREFs in the Joint
Agreement, DOE determined that these
recommendations were in accordance
with the statutory requirements of 42
U.S.C. 6295(p)(4) for the issuance of a
direct final rule and published a direct
final rule on May 7, 2024 (‘‘May 2024
Direct Final Rule’’). 89 FR 38762. DOE
evaluated whether the Joint Agreement
satisfies 42 U.S.C. 6295(o), as
applicable, and found that the
recommended standard levels would
result in significant energy savings and
are technologically feasible and
economically justified. Id. at 89 FR
38763–38770. Accordingly, DOE
adopted the recommended efficiency
levels for MREFs as the amended
standard levels in the May 2024 Direct
Final Rule. Id. at 89 FR 38828.
The standards adopted in the May
2024 Direct Final Rule apply to product
classes listed in table II.2 and
manufactured in, or imported into, the
United States starting on January 31,
2029. The May 2024 Direct Final Rule
provides a detailed discussion of DOE’s
analysis of the benefits and burdens of
the amended standards pursuant to the
criteria set forth in EPCA. Id. at 89 FR
38803–38831.
2 The negotiated term sheets are available in
docket ID EERE–2011–BT–STD–0043 on
www.regulations.gov.
3 The signatories to the Joint Agreement include
the association of Home Appliance Manufacturers
(‘‘AHAM’’), American Council for an EnergyEfficient Economy, Alliance for Water Efficiency,
Appliance Standards Awareness Project, Consumer
Federation of America, Consumer Reports,
Earthjustice, National Consumer Law Center,
Natural Resources Defense Council, Northwest
Energy Efficiency Alliance, and Pacific Gas and
Electric Company. Members of AHAM’s Major
Appliance Division that manufacture the affected
products include: Alliance Laundry Systems, LLC;
Asko Appliances AB; Beko US Inc.; Brown Stove
Works, Inc.; BSH; Danby Products, Ltd.; Electrolux
Home Products, Inc.; Elicamex S.A. de C.V.; Faber;
Fotile America; GEA, a Haier Company; L’Atelier
Paris Haute Design LLG; LGEUSA; Liebherr USA,
Co.; Midea America Corp.; Miele, Inc.; Panasonic
Appliances Refrigeration Systems (PAPRSA)
Corporation of America; Perlick Corporation;
Samsung; Sharp Electronics Corporation; Smeg
S.p.A; Sub-Zero Group, Inc.; The Middleby
Corporation; U-Line Corporation; Viking Range,
LLC; and Whirlpool.
4 The Joint Agreement contained
recommendations for 6 covered products:
refrigerators, refrigerator-freezers, and freezers;
clothes washers; clothes dryers; dishwashers;
cooking products; and miscellaneous refrigeration
products.
5 The Joint Agreement is available in the docket
at: www.regulations.gov/document/EERE-2020-BTSTD-0039-0034.
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
TABLE II.2—ENERGY CONSERVATION STANDARDS FOR MREFS
[Compliance starting January 31, 2029] 6
Equations for maximum
energy use
(kWh/yr)
Product class
(‘‘PC’’)
Based on AV (ft3)
1. Freestanding Compact Coolers (FCC) ........................................................................................................................
2. Freestanding Coolers (FC) ...........................................................................................................................................
3. Built-in Compact Coolers (BICC) .................................................................................................................................
4. Built-in Coolers (BIC) ...................................................................................................................................................
C–3A. Cooler with all-refrigerator—automatic defrost .....................................................................................................
C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost .....................................................................................
C–5–BI. Built-in cooler with refrigerator-freezer—automatic defrost with bottom-mounted freezer ................................
C–9. Cooler with upright freezer with automatic defrost ..................................................................................................
C–9–BI. Built-in cooler with upright freezer with automatic defrost .................................................................................
C–13A. Compact cooler with all-refrigerator—automatic defrost .....................................................................................
C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost ....................................................................
5.52AV
5.52AV
5.52AV
6.30AV
4.11AV
4.67AV
5.47AV
5.58AV
6.38AV
4.74AV
5.22AV
+
+
+
+
+
+
+
+
+
+
+
109.1.
109.1.
109.1.
124.6.
117.4.
133.0.
196.2 + 28I.
147.7 + 28I.
168.8 + 28I.
155.0.
170.5.
AV = Total adjusted volume, expressed in ft3, as determined in appendices A and B of subpart B of 10 CFR part 430.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.
As required by EPCA, DOE also
simultaneously published a NOPR
proposing the identical standard levels
contained in the May 2024 Direct Final
Rule. 89 FR 38803. DOE then
considered whether any comment
received during the 110-day comment
period following the publication of the
May 2024 Direct Final Rule was adverse
and provided a reasonable basis for
withdrawal of the direct final rule under
the provisions in 42 U.S.C.
6295(p)(4)(C).
III. Comments on the Direct Final Rule
As discussed in section I of this
document, not later than 120 days after
publication of a direct final rule, DOE
shall withdraw the direct final rule if:
(1) DOE receives one or more adverse
public comments relating to the direct
final rule or any alternative joint
recommendation; and (2) based on the
rulemaking record relating to the direct
final rule, DOE determines that such
adverse public comments or alternative
joint recommendation may provide a
reasonable basis for withdrawing the
direct final rule. (42 U.S.C.
6295(p)(4)(C)(i))
DOE received comments in response
to the May 2024 Direct Final Rule from
the interested parties listed in table III.1.
TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE MAY 2024 DIRECT FINAL RULE
Abbreviation
Clean Future ...............................................................................................................
Appliance Standards Awareness Project, American Council for an Energy-Efficient
Economy, Consumer Federation of America, Consumer Reports, Earthjustice,
National Consumer Law Center, Natural Resources Defense Council, Northwest
Energy Efficiency Alliance, and Pacific Gas and Electric Company.
Association of Home Appliance Manufacturers ..........................................................
Clean Future ......
ASAP et al .........
44
45
Efficiency Advocate.
Advocacy Organizations,
Utilities.
AHAM ................
46
Trade Association.
Commenter type
A. General Comments
AHAM and ASAP et al. expressed
support for the May 2024 Direct Final
Rule for MREFs because the May 2024
Direct Final Rule establishes standards
that are consistent with
recommendations submitted in the Joint
Agreement. (AHAM, No. 46 at pp. 1–4,
8; ASAP et al., No. 45 at pp. 1–2) ASAP
et al. stated that they supported the
price learning methodology in the
analysis for the May 2024 Direct Final
Rule and they do not expect the
standards for MREFs to have any impact
on product reliability. (ASAP et al., No.
45 at pp. 2–3)
AHAM further commented that the
May 2024 Direct Final Rule standards
meet the statutory criteria for amending
standards set forth in 42 U.S.C. 6295(o)
and that DOE has satisfied the criteria
for issuing a direct final rule. (AHAM,
No. 46 at pp. 4–6) AHAM supported the
compliance dates adopted in the May
2024 Direct Final Rule and DOE’s
commitment in the May 2024 Direct
Final Rule to consider the processes by
which DOE analyzes energy and water
conservation standards in a separate
rulemaking considering all product
categories. (Id. at p. 6)
Clean Future also expressed support
for the amended standards adopted by
the May 2024 Direct Final Rule. (Clean
Future, No. 44 at p. 1)
6 This table corrects typographical errors in the
May 2024 Direct Final Rule in the product class
descriptions for product classes C–9 and C–9–BI, as
discussed further in section III.B of this document.
7 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop energy conservation
standards for MREFs. (Docket No. EERE–2020–BT–
STD–0039, which is maintained at:
www.regulations.gov). The references are arranged
as follows: (commenter name, comment docket ID
number at page of that document).
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.7 The following sections
discuss the substantive comments DOE
received on the May 2024 Direct Final
Rule as well as DOE’s determination
that the comments are not adverse and
thus do not provide a reasonable basis
for withdrawal of the direct final rule.
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Comment
No. in the
docket
Commenter(s)
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B. Typographical Error Correction
AHAM identified a typographical
error in the table of amended standards
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published in the May 2024 Direct Final
Rule. DOE adopted consolidated
product classes in the table of amended
standards at 10 CFR 430.32(aa)(2) but
did not remove the descriptive words
‘‘without an automatic icemaker’’ in the
descriptions of product classes C–9 and
C–9–BI. (AHAM, No. 46 at p. 7)
DOE acknowledges that the
description as currently found in the
May 2024 Direct Final Rule
inadvertently included the descriptive
words ‘‘without an automatic icemaker’’
in the descriptions of product classes C–
9 and C–9–BI. Indeed, as referenced by
AHAM, the May 2024 Direct Final Rule
adopted consolidated product classes
that incorporate icemaker energy adders
into the energy use equations for which
they are applicable, rather than defining
separate product classes with and
without icemakers, as is done for the
current energy conservation standards
codified at 10 CFR 430.32(aa)(2). See 89
FR 38762, 38776–38777. This document
corrects the typographical error
identified by AHAM and removes the
unnecessary words ‘‘without an
automatic icemaker’’ from the product
class descriptions for product classes C–
9 and C–9–BI.
In correcting the descriptions of
product classes C–9 and C–9–BI in this
confirmation document, DOE is aligning
the product class description with the
intent of the May 2024 Direct Final Rule
to adopt consolidated product classes
that incorporate icemaker energy adders
into the energy use equations for which
they are applicable, rather than defining
separate product classes with and
without icemakers. See id. Because this
amendment is a clarifying correction
and makes no substantive changes to the
May 2024 Direct Final Rule, the changes
addressed in this document are
technical in nature.
DOE has concluded that the
determinations made pursuant to the
various procedural requirements
applicable to the May 2024 Direct Final
Rule remain unchanged for this final
rule technical correction. These
determinations are set forth in the May
2024 Direct Final Rule. Id. at 89 FR
38831–38834.
Pursuant to the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
DOE finds that there is good cause to
not issue a separate request to solicit
public comment on the changes
contained in this document. Issuing a
separate request to solicit public
comment would be impracticable,
unnecessary, and contrary to the public
interest. Neither the errors nor the
corrections in this document affect the
substance of the May 2024 Direct Final
Rule or any of the conclusions reached
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in support of the direct final rule.
Providing prior notice and an
opportunity for public comment on
correcting objective, typographical
errors that do not change the substance
of the energy conservation standards
serves no useful purpose.
Further, this rule correcting a
regulatory text error makes nonsubstantive changes to the product
classes subject to the energy
conservation standards. As such, this
rule is not subject to the 30-day delay
in effective date requirement of 5 U.S.C.
553(d) otherwise applicable to rules that
make substantive changes.
IV. Impact of Any Lessening of
Competition
EPCA directs DOE to consider any
lessening of competition that is likely to
result from new or amended standards.
(42 U.S.C. 629(p)(4)(A)(i) and (C)(i)(II);
42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the
United States (‘‘Attorney General’’) to
determine the impact, if any, of any
lessening of competition likely to result
from a proposed standard and to
transmit such determination to the
Secretary within 60 days of the
publication of a proposed rule, together
with an analysis of the nature and
extent of the impact. (42 U.S.C.
6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this
determination, DOE provided the
Department of Justice (‘‘DOJ’’) with
copies of the May 2024 Direct Final
Rule, the corresponding NOPR, and the
May 2024 Direct Final Rule TSD for
review. DOE has published DOJ’s
comments at the end of this document.
In its letter responding to DOE, DOJ
concluded that, based on its review, it
is unlikely that the proposed energy
conservation standards for MREFs
would have a significant adverse impact
on competition.
V. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act of 1969
(‘‘NEPA’’), DOE had analyzed the direct
final rule in accordance with NEPA and
DOE’s NEPA implementing regulations
(10 CFR part 1021). DOE has determined
that this rule qualifies for categorical
exclusion under 10 CFR part 1021,
subpart D, appendix B5.1 because it is
a rulemaking that establishes energy
conservation standards for consumer
products or industrial equipment, none
of the exceptions identified in B5.1(b)
apply, no extraordinary circumstances
exist that require further environmental
analysis, and it meets the requirements
for application of a categorical
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exclusion. See 10 CFR 1021.410.
Therefore, DOE has determined that
promulgation of this direct final rule is
not a major Federal action significantly
affecting the quality of the human
environment within the meaning of
NEPA and does not require an
environmental assessment or an
environmental impact statement.
VI. Conclusion
In summary, based on the previous
discussion, DOE has determined that it
did not receive any adverse comments
in response to the direct final rule for
amended energy conservation standards
for MREFs. As a result, the energy
conservation standards set forth in the
direct final rule became effective on
September 4, 2024. Compliance with
these standards is required on and after
January 31, 2029.
Signing Authority
This document of the Department of
Energy was signed on September 20,
2024, by Jeffrey Marootian, 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
September 23, 2024.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons set forth in the
preamble, DOE amends part 430 of
chapter II, subchapter D, of title 10 of
the Code of Federal Regulations, by
making the following technical
correction:
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PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Amend § 430.32 by revising
paragraph (aa)(2)(ii) to read as follows:
■
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
(aa) * * *
(2) * * *
(ii) Combination cooler refrigeration
products manufactured on or after
January 31, 2029, shall have an Annual
Energy Use (AEU) no more than:
*
AEU
(kWh/yr)
Product class
C–3A. Cooler with all-refrigerator—automatic defrost .....................................................................................................
C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost .....................................................................................
C–5–BI. Built-in cooler with refrigerator-freezer with automatic defrost with bottom-mounted freezer ...........................
C–9. Cooler with upright freezer with automatic defrost ..................................................................................................
C–9–BI. Built-in cooler with upright freezer with automatic defrost .................................................................................
C–13A. Compact cooler with all-refrigerator—automatic defrost .....................................................................................
C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost ....................................................................
4.11AV
4.67AV
5.47AV
5.58AV
6.38AV
4.74AV
5.22AV
+
+
+
+
+
+
+
117.4.
133.0.
196.2 + 28I.
147.7 + 28I.
168.8 + 28I.
155.0.
170.5.
AV = Total adjusted volume, expressed in ft3, as determined in appendix A to subpart B of this part.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.
*
*
*
*
*
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix A
ddrumheller on DSK120RN23PROD with RULES1
July 9, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation,
Regulation and Energy Efficiency
U.S. Department of Energy
Washington, DC 20585
Ami.Grace-Tardy@hq.doe.gov
Re: Conservation Standards for
Miscellaneous Refrigeration Products DOE
Docket No. EERE–2020–BT–STD–0039
Dear Assistant General Counsel Grace-Tardy:
I am responding to your May 10, 2024,
letter seeking the views of the Attorney
General about the potential impact on
competition of proposed energy conservation
standards for miscellaneous refrigeration
products (MREFs).
Your request was submitted under Section
325(o)(2)(B)(i)(V) of the Energy Policy and
Conservation Act, as amended (ECPA), 42
U.S.C. 6295(o)(2)(B)(i)(V), which requires the
Attorney General to make a determination of
the impact of any lessening of competition
that is likely to result from the imposition of
proposed energy conservation standards. The
Attorney General’s responsibility for
responding to requests from other
departments about the effect of a program on
competition has been delegated to the
Assistant Attorney General for the Antitrust
Division in 28 CFR 0.40(g). The Assistant
Attorney General for the Antitrust Division
has authorized me, as the Policy Director for
the Antitrust Division, to provide the
Antitrust Division’s views regarding the
potential impact on competition of proposed
energy conservation standards on his behalf.
In conducting its analysis, the Antitrust
Division examines whether a proposed
standard may lessen competition, for
example, by substantially limiting consumer
choice, by placing certain manufacturers at
an unjustified competitive disadvantage, or
by inducing avoidable inefficiencies in
production or distribution of particular
VerDate Sep<11>2014
16:22 Sep 27, 2024
Jkt 262001
products. A lessening of competition could
result in higher prices to manufacturers and
consumers.
We have reviewed the proposed standards
contained in the Notice of Proposed
Rulemaking (89 FR 37987, May 7, 2024), the
Direct Final Rule (89 FR 38762, May 7, 2024),
and the related Technical Support
Documents (TSD) that accompanied them.
We have also reviewed the Docket and noted
that, as of July 9, 2024, no public comments
had been filed in response to the Notice of
Proposed Rulemaking or the Direct Final
Rule.
Based on this review, our conclusion is
that the proposed energy conservation
standards for MREFs are unlikely to have a
significant adverse impact on competition.
Sincerely,
/s/
David G.B. Lawrence,
Policy Director.
[FR Doc. 2024–22131 Filed 9–27–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2022–BT–STD–0015]
RIN 1904–AF34
Energy Conservation Program: Energy
Conservation Standards for Air-Cooled
Commercial Package Air Conditioners
and Heat Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of
effective and compliance dates.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) published a direct final
rule to establish amended energy
conservation standards for air-cooled
commercial package air conditioners
and heat pumps with a rated cooling
SUMMARY:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
capacity greater than or equal to 65,000
Btu/h in the Federal Register on May
20, 2024. DOE has determined that the
comments received in response to the
direct final rule do not provide a
reasonable basis for withdrawing the
direct final rule. Therefore, DOE
provides this document confirming the
effective and compliance dates of those
standards.
The effective date of September
17, 2024, for the direct final rule
published on May 20, 2024, (89 FR
44052) is confirmed. Compliance with
the standards established in the direct
final rule will be required on and after
January 1, 2029.
DATES:
The docket for this
rulemaking, which includes Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as information that is exempt from
public disclosure.
The docket web page can be found at
www.regulations.gov/docket/EERE2022-BT-STD-0015. The docket
webpage contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79370-79374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22131]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2020-BT-STD-0039]
RIN 1904-AF62
Energy Conservation Program: Energy Conservation Standards for
Miscellaneous Refrigeration Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of effective and compliance
dates; technical correction.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') published a direct
final rule to establish new energy conservation standards for
miscellaneous refrigeration products in the Federal Register on May 7,
2024. DOE has determined that the comments received in response to the
direct final rule are not adverse and, thus, do not provide a
reasonable basis for withdrawing the direct final rule. Therefore, DOE
provides this document confirming the effective and compliance dates of
those standards. This document also corrects an error in the amended
regulatory text as it appeared in the direct final rule published on
May 7, 2024.
DATES: The technical correction in this document is effective September
30, 2024.
The effective date of September 4, 2024, for the direct final rule
published May 7, 2024 (89 FR 38762) is confirmed. Compliance with the
standards established in the direct final rule will be required on
January 31, 2029.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, not all documents listed in
the index may be publicly available, such as information that is exempt
from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2020-BT-STD-0039. The docket web page contains instructions on how
to access all documents, including public comments, in the docket.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
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. Telephone:
(202) 287-5904. Email: [email protected].
Ms. Kristin Koernig, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-4789. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Miscellaneous Refrigeration Products Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Typographical Error Correction
IV. Impact of Any Lessening of Competition
V. Review Under the National Environmental Policy Act of 1969
VI. Conclusion
I. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to issue a direct final rule
establishing an energy conservation standard for a product on receipt
of a statement submitted jointly by interested persons that are fairly
representative of relevant points of view (including representatives of
manufacturers of covered products, States, and efficiency advocates),
as determined by the Secretary of Energy (``Secretary''), that contains
recommendations with respect to an energy or water conservation
standard that are in accordance with the provisions of 42 U.S.C.
6295(o) or 42 U.S.C. 6313(a)(6)(B), as applicable. (42 U.S.C.
6295(p)(4))
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
The direct final rule must be published simultaneously with a
notice of proposed rulemaking (``NOPR'') that proposes an energy or
water conservation standard that is identical to the standard
established in the direct final rule, and DOE must provide a public
comment period of at least 110 days on this proposal. (42 U.S.C.
6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct
final rule, DOE shall withdraw the direct final rule if: (1) DOE
receives one or more adverse public comments relating to the direct
final rule or any alternative joint recommendation; and (2) based on
the rulemaking record relating to the direct final rule, DOE determines
that such adverse public comments or alternative joint recommendation
may provide a reasonable basis for withdrawing the direct final rule.
(42 U.S.C. 6295(p)(4)(C)) If DOE makes such a determination, DOE must
proceed with the NOPR published simultaneously with the direct final
rule and publish in the Federal Register the reasons why the direct
final rule was withdrawn. (Id.)
After review of the comments received in response to the direct
final rule, DOE has determined that it did not receive any adverse
comments providing a basis for withdrawal described above for the
direct final rule that is the subject of this document. As such, DOE
did not withdraw this direct final rule and allowed it to become
effective. Although not required under EPCA, where DOE does not
withdraw a direct final rule, DOE customarily publishes a summary of
the comments received during the 110-day comment period and its
responses to those comments. This document contains such a summary, as
well as DOE's responses to the comments.
[[Page 79371]]
II. Miscellaneous Refrigeration Products Direct Final Rule
A. Background
In a direct final rule published on October 28, 2016, DOE
prescribed the current energy conservation standards for miscellaneous
refrigeration products (``MREFs'') manufactured on and after October
28, 2019. 81 FR 75194. These standards are set forth in DOE's
regulations at 10 CFR 430.32(aa)(1) and (2). These standards are
consistent with a negotiated term sheet submitted to DOE by interested
parties representing manufacturers, energy and environmental advocates,
and consumer groups.\2\
---------------------------------------------------------------------------
\2\ The negotiated term sheets are available in docket ID EERE-
2011-BT-STD-0043 on www.regulations.gov.
---------------------------------------------------------------------------
On March 31, 2023, DOE published a NOPR proposing to establish
amended standards for MREFs. 88 FR 19382.
On September 25, 2023, DOE received a joint statement (``Joint
Agreement'') recommending standards for MREFs that was submitted
jointly by groups representing manufacturers, energy and environmental
advocates, consumer groups, and a utility.\3\ In addition to the
recommended standards for MREFs, the Joint Agreement also included
separate recommendations for several other covered products.\4\ The
amended standard levels recommended in the Joint Agreement for MREFs,
which are expressed in terms of kilowatt hours per year (``kWh/yr''),
are presented in table II.1. Details of the Joint Agreement
recommendations for other products are provided in the Joint Agreement
posted in the docket for this rulemaking.\5\
---------------------------------------------------------------------------
\3\ The signatories to the Joint Agreement include the
association of Home Appliance Manufacturers (``AHAM''), American
Council for an Energy-Efficient Economy, Alliance for Water
Efficiency, Appliance Standards Awareness Project, Consumer
Federation of America, Consumer Reports, Earthjustice, National
Consumer Law Center, Natural Resources Defense Council, Northwest
Energy Efficiency Alliance, and Pacific Gas and Electric Company.
Members of AHAM's Major Appliance Division that manufacture the
affected products include: Alliance Laundry Systems, LLC; Asko
Appliances AB; Beko US Inc.; Brown Stove Works, Inc.; BSH; Danby
Products, Ltd.; Electrolux Home Products, Inc.; Elicamex S.A. de
C.V.; Faber; Fotile America; GEA, a Haier Company; L'Atelier Paris
Haute Design LLG; LGEUSA; Liebherr USA, Co.; Midea America Corp.;
Miele, Inc.; Panasonic Appliances Refrigeration Systems (PAPRSA)
Corporation of America; Perlick Corporation; Samsung; Sharp
Electronics Corporation; Smeg S.p.A; Sub-Zero Group, Inc.; The
Middleby Corporation; U-Line Corporation; Viking Range, LLC; and
Whirlpool.
\4\ The Joint Agreement contained recommendations for 6 covered
products: refrigerators, refrigerator-freezers, and freezers;
clothes washers; clothes dryers; dishwashers; cooking products; and
miscellaneous refrigeration products.
\5\ The Joint Agreement is available in the docket at:
www.regulations.gov/document/EERE-2020-BT-STD-0039-0034.
Table II.1--Recommended Amended Energy Conservation Standards for Miscellaneous Refrigeration Products
----------------------------------------------------------------------------------------------------------------
Product class Level (based on AV (ft\3\)) Compliance date
----------------------------------------------------------------------------------------------------------------
1. Freestanding Compact Coolers (FCC) 5.52AV + 109.1........................ January 31, 2029.
2. Freestanding Coolers (FC)......... 5.52AV + 109.1........................ January 31, 2029.
3. Built-in Compact Coolers (BICC)... 5.52AV + 109.1........................ January 31, 2029.
4. Built-in Coolers (BIC)............ 6.30AV + 124.6........................ January 31, 2029.
C-3A. Cooler with all-refrigerator-- 4.11AV + 117.4........................ January 31, 2029.
automatic defrost.
C-3A-BI. Built-in cooler with all- 4.67AV + 133.0........................ January 31, 2029.
refrigerator--automatic defrost.
C-5-BI. NEW PRODUCT CLASS: Built-in 5.47AV + 196.2 + 28I.................. January 31, 2029.
cooler with refrigerator-freezer--
automatic defrost with bottom-
mounted freezer.
C-9. Cooler with upright freezer with 5.58AV + 147.7 + 28I.................. January 31, 2029.
automatic defrost without an
automatic icemaker.
C-9-BI. Built-in cooler with upright 6.38AV + 168.8 + 28I.................. January 31, 2029.
freezer with automatic defrost
without an automatic icemaker.
C-13A. Compact cooler with all- 4.74AV + 155.0........................ January 31, 2029.
refrigerator--automatic defrost.
C-13A-BI. Built-in compact cooler 5.22AV + 170.5........................ January 31, 2029.
with all-refrigerator--automatic
defrost.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in appendices A and B of subpart B of 10 CFR part
430.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.
After carefully considering the recommended energy conservation
standards for MREFs in the Joint Agreement, DOE determined that these
recommendations were in accordance with the statutory requirements of
42 U.S.C. 6295(p)(4) for the issuance of a direct final rule and
published a direct final rule on May 7, 2024 (``May 2024 Direct Final
Rule''). 89 FR 38762. DOE evaluated whether the Joint Agreement
satisfies 42 U.S.C. 6295(o), as applicable, and found that the
recommended standard levels would result in significant energy savings
and are technologically feasible and economically justified. Id. at 89
FR 38763-38770. Accordingly, DOE adopted the recommended efficiency
levels for MREFs as the amended standard levels in the May 2024 Direct
Final Rule. Id. at 89 FR 38828.
The standards adopted in the May 2024 Direct Final Rule apply to
product classes listed in table II.2 and manufactured in, or imported
into, the United States starting on January 31, 2029. The May 2024
Direct Final Rule provides a detailed discussion of DOE's analysis of
the benefits and burdens of the amended standards pursuant to the
criteria set forth in EPCA. Id. at 89 FR 38803-38831.
[[Page 79372]]
Table II.2--Energy Conservation Standards for MREFs
[Compliance starting January 31, 2029] \6\
------------------------------------------------------------------------
Equations for maximum energy use
(kWh/yr)
Product class (``PC'') --------------------------------------
Based on AV (ft\3\)
------------------------------------------------------------------------
1. Freestanding Compact Coolers 5.52AV + 109.1.
(FCC).
2. Freestanding Coolers (FC)..... 5.52AV + 109.1.
3. Built-in Compact Coolers 5.52AV + 109.1.
(BICC).
4. Built-in Coolers (BIC)........ 6.30AV + 124.6.
C-3A. Cooler with all- 4.11AV + 117.4.
refrigerator--automatic defrost.
C-3A-BI. Built-in cooler with all- 4.67AV + 133.0.
refrigerator--automatic defrost.
C-5-BI. Built-in cooler with 5.47AV + 196.2 + 28I.
refrigerator-freezer--automatic
defrost with bottom-mounted
freezer.
C-9. Cooler with upright freezer 5.58AV + 147.7 + 28I.
with automatic defrost.
C-9-BI. Built-in cooler with 6.38AV + 168.8 + 28I.
upright freezer with automatic
defrost.
C-13A. Compact cooler with all- 4.74AV + 155.0.
refrigerator--automatic defrost.
C-13A-BI. Built-in compact cooler 5.22AV + 170.5.
with all-refrigerator--automatic
defrost.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
appendices A and B of subpart B of 10 CFR part 430.
I = 1 for a product with an automatic icemaker and = 0 for a product
without an automatic icemaker.
As required by EPCA, DOE also simultaneously published a NOPR
proposing the identical standard levels contained in the May 2024
Direct Final Rule. 89 FR 38803. DOE then considered whether any comment
received during the 110-day comment period following the publication of
the May 2024 Direct Final Rule was adverse and provided a reasonable
basis for withdrawal of the direct final rule under the provisions in
42 U.S.C. 6295(p)(4)(C).
---------------------------------------------------------------------------
\6\ This table corrects typographical errors in the May 2024
Direct Final Rule in the product class descriptions for product
classes C-9 and C-9-BI, as discussed further in section III.B of
this document.
---------------------------------------------------------------------------
III. Comments on the Direct Final Rule
As discussed in section I of this document, not later than 120 days
after publication of a direct final rule, DOE shall withdraw the direct
final rule if: (1) DOE receives one or more adverse public comments
relating to the direct final rule or any alternative joint
recommendation; and (2) based on the rulemaking record relating to the
direct final rule, DOE determines that such adverse public comments or
alternative joint recommendation may provide a reasonable basis for
withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)(i))
DOE received comments in response to the May 2024 Direct Final Rule
from the interested parties listed in table III.1.
Table III.1--List of Commenters With Written Submissions in Response to the May 2024 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Comment
Commenter(s) Abbreviation No. in the Commenter type
docket
----------------------------------------------------------------------------------------------------------------
Clean Future...................... Clean Future.............. 44 Efficiency Advocate.
Appliance Standards Awareness ASAP et al................ 45 Advocacy Organizations, Utilities.
Project, American Council for an
Energy-Efficient Economy,
Consumer Federation of America,
Consumer Reports, Earthjustice,
National Consumer Law Center,
Natural Resources Defense
Council, Northwest Energy
Efficiency Alliance, and Pacific
Gas and Electric Company.
Association of Home Appliance AHAM...................... 46 Trade Association.
Manufacturers.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\7\
The following sections discuss the substantive comments DOE received on
the May 2024 Direct Final Rule as well as DOE's determination that the
comments are not adverse and thus do not provide a reasonable basis for
withdrawal of the direct final rule.
---------------------------------------------------------------------------
\7\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
energy conservation standards for MREFs. (Docket No. EERE-2020-BT-
STD-0039, which is maintained at: www.regulations.gov). The
references are arranged as follows: (commenter name, comment docket
ID number at page of that document).
---------------------------------------------------------------------------
A. General Comments
AHAM and ASAP et al. expressed support for the May 2024 Direct
Final Rule for MREFs because the May 2024 Direct Final Rule establishes
standards that are consistent with recommendations submitted in the
Joint Agreement. (AHAM, No. 46 at pp. 1-4, 8; ASAP et al., No. 45 at
pp. 1-2) ASAP et al. stated that they supported the price learning
methodology in the analysis for the May 2024 Direct Final Rule and they
do not expect the standards for MREFs to have any impact on product
reliability. (ASAP et al., No. 45 at pp. 2-3)
AHAM further commented that the May 2024 Direct Final Rule
standards meet the statutory criteria for amending standards set forth
in 42 U.S.C. 6295(o) and that DOE has satisfied the criteria for
issuing a direct final rule. (AHAM, No. 46 at pp. 4-6) AHAM supported
the compliance dates adopted in the May 2024 Direct Final Rule and
DOE's commitment in the May 2024 Direct Final Rule to consider the
processes by which DOE analyzes energy and water conservation standards
in a separate rulemaking considering all product categories. (Id. at p.
6)
Clean Future also expressed support for the amended standards
adopted by the May 2024 Direct Final Rule. (Clean Future, No. 44 at p.
1)
B. Typographical Error Correction
AHAM identified a typographical error in the table of amended
standards
[[Page 79373]]
published in the May 2024 Direct Final Rule. DOE adopted consolidated
product classes in the table of amended standards at 10 CFR
430.32(aa)(2) but did not remove the descriptive words ``without an
automatic icemaker'' in the descriptions of product classes C-9 and C-
9-BI. (AHAM, No. 46 at p. 7)
DOE acknowledges that the description as currently found in the May
2024 Direct Final Rule inadvertently included the descriptive words
``without an automatic icemaker'' in the descriptions of product
classes C-9 and C-9-BI. Indeed, as referenced by AHAM, the May 2024
Direct Final Rule adopted consolidated product classes that incorporate
icemaker energy adders into the energy use equations for which they are
applicable, rather than defining separate product classes with and
without icemakers, as is done for the current energy conservation
standards codified at 10 CFR 430.32(aa)(2). See 89 FR 38762, 38776-
38777. This document corrects the typographical error identified by
AHAM and removes the unnecessary words ``without an automatic
icemaker'' from the product class descriptions for product classes C-9
and C-9-BI.
In correcting the descriptions of product classes C-9 and C-9-BI in
this confirmation document, DOE is aligning the product class
description with the intent of the May 2024 Direct Final Rule to adopt
consolidated product classes that incorporate icemaker energy adders
into the energy use equations for which they are applicable, rather
than defining separate product classes with and without icemakers. See
id. Because this amendment is a clarifying correction and makes no
substantive changes to the May 2024 Direct Final Rule, the changes
addressed in this document are technical in nature.
DOE has concluded that the determinations made pursuant to the
various procedural requirements applicable to the May 2024 Direct Final
Rule remain unchanged for this final rule technical correction. These
determinations are set forth in the May 2024 Direct Final Rule. Id. at
89 FR 38831-38834.
Pursuant to the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), DOE finds that there is good cause to not issue a
separate request to solicit public comment on the changes contained in
this document. Issuing a separate request to solicit public comment
would be impracticable, unnecessary, and contrary to the public
interest. Neither the errors nor the corrections in this document
affect the substance of the May 2024 Direct Final Rule or any of the
conclusions reached in support of the direct final rule. Providing
prior notice and an opportunity for public comment on correcting
objective, typographical errors that do not change the substance of the
energy conservation standards serves no useful purpose.
Further, this rule correcting a regulatory text error makes non-
substantive changes to the product classes subject to the energy
conservation standards. As such, this rule is not subject to the 30-day
delay in effective date requirement of 5 U.S.C. 553(d) otherwise
applicable to rules that make substantive changes.
IV. Impact of Any Lessening of Competition
EPCA directs DOE to consider any lessening of competition that is
likely to result from new or amended standards. (42 U.S.C.
629(p)(4)(A)(i) and (C)(i)(II); 42 U.S.C. 6295(o)(2)(B)(i)(V)) It also
directs the Attorney General of the United States (``Attorney
General'') to determine the impact, if any, of any lessening of
competition likely to result from a proposed standard and to transmit
such determination to the Secretary within 60 days of the publication
of a proposed rule, together with an analysis of the nature and extent
of the impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) To assist
the Attorney General in making this determination, DOE provided the
Department of Justice (``DOJ'') with copies of the May 2024 Direct
Final Rule, the corresponding NOPR, and the May 2024 Direct Final Rule
TSD for review. DOE has published DOJ's comments at the end of this
document.
In its letter responding to DOE, DOJ concluded that, based on its
review, it is unlikely that the proposed energy conservation standards
for MREFs would have a significant adverse impact on competition.
V. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
(``NEPA''), DOE had analyzed the direct final rule in accordance with
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE
has determined that this rule qualifies for categorical exclusion under
10 CFR part 1021, subpart D, appendix B5.1 because it is a rulemaking
that establishes energy conservation standards for consumer products or
industrial equipment, none of the exceptions identified in B5.1(b)
apply, no extraordinary circumstances exist that require further
environmental analysis, and it meets the requirements for application
of a categorical exclusion. See 10 CFR 1021.410. Therefore, DOE has
determined that promulgation of this direct final rule is not a major
Federal action significantly affecting the quality of the human
environment within the meaning of NEPA and does not require an
environmental assessment or an environmental impact statement.
VI. Conclusion
In summary, based on the previous discussion, DOE has determined
that it did not receive any adverse comments in response to the direct
final rule for amended energy conservation standards for MREFs. As a
result, the energy conservation standards set forth in the direct final
rule became effective on September 4, 2024. Compliance with these
standards is required on and after January 31, 2029.
Signing Authority
This document of the Department of Energy was signed on September
20, 2024, by Jeffrey Marootian, 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 September 23, 2024.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations, by making the following technical correction:
[[Page 79374]]
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Amend Sec. 430.32 by revising paragraph (aa)(2)(ii) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(aa) * * *
(2) * * *
(ii) Combination cooler refrigeration products manufactured on or
after January 31, 2029, shall have an Annual Energy Use (AEU) no more
than:
------------------------------------------------------------------------
Product class AEU (kWh/yr)
------------------------------------------------------------------------
C-3A. Cooler with all- 4.11AV + 117.4.
refrigerator--automatic defrost.
C-3A-BI. Built-in cooler with all- 4.67AV + 133.0.
refrigerator--automatic defrost.
C-5-BI. Built-in cooler with 5.47AV + 196.2 + 28I.
refrigerator-freezer with
automatic defrost with bottom-
mounted freezer.
C-9. Cooler with upright freezer 5.58AV + 147.7 + 28I.
with automatic defrost.
C-9-BI. Built-in cooler with 6.38AV + 168.8 + 28I.
upright freezer with automatic
defrost.
C-13A. Compact cooler with all- 4.74AV + 155.0.
refrigerator--automatic defrost.
C-13A-BI. Built-in compact cooler 5.22AV + 170.5.
with all-refrigerator--automatic
defrost.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
appendix A to subpart B of this part.
I = 1 for a product with an automatic icemaker and = 0 for a product
without an automatic icemaker.
* * * * *
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix A
July 9, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation, Regulation and Energy
Efficiency
U.S. Department of Energy
Washington, DC 20585
[email protected]
Re: Conservation Standards for Miscellaneous Refrigeration Products
DOE Docket No. EERE-2020-BT-STD-0039
Dear Assistant General Counsel Grace-Tardy:
I am responding to your May 10, 2024, letter seeking the views
of the Attorney General about the potential impact on competition of
proposed energy conservation standards for miscellaneous
refrigeration products (MREFs).
Your request was submitted under Section 325(o)(2)(B)(i)(V) of
the Energy Policy and Conservation Act, as amended (ECPA), 42 U.S.C.
6295(o)(2)(B)(i)(V), which requires the Attorney General to make a
determination of the impact of any lessening of competition that is
likely to result from the imposition of proposed energy conservation
standards. The Attorney General's responsibility for responding to
requests from other departments about the effect of a program on
competition has been delegated to the Assistant Attorney General for
the Antitrust Division in 28 CFR 0.40(g). The Assistant Attorney
General for the Antitrust Division has authorized me, as the Policy
Director for the Antitrust Division, to provide the Antitrust
Division's views regarding the potential impact on competition of
proposed energy conservation standards on his behalf.
In conducting its analysis, the Antitrust Division examines
whether a proposed standard may lessen competition, for example, by
substantially limiting consumer choice, by placing certain
manufacturers at an unjustified competitive disadvantage, or by
inducing avoidable inefficiencies in production or distribution of
particular products. A lessening of competition could result in
higher prices to manufacturers and consumers.
We have reviewed the proposed standards contained in the Notice
of Proposed Rulemaking (89 FR 37987, May 7, 2024), the Direct Final
Rule (89 FR 38762, May 7, 2024), and the related Technical Support
Documents (TSD) that accompanied them. We have also reviewed the
Docket and noted that, as of July 9, 2024, no public comments had
been filed in response to the Notice of Proposed Rulemaking or the
Direct Final Rule.
Based on this review, our conclusion is that the proposed energy
conservation standards for MREFs are unlikely to have a significant
adverse impact on competition.
Sincerely,
/s/
David G.B. Lawrence,
Policy Director.
[FR Doc. 2024-22131 Filed 9-27-24; 8:45 am]
BILLING CODE 6450-01-P
