[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Proposed Rules]
[Pages 37706-37708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17657]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 133 / Tuesday, July 13, 1999 / 
Proposed Rules  

[[Page 37706]]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM-93-801]
RIN 1904-AB03


Energy Conservation Program for Consumer Products: Amendment to 
the Definition of ``Electric Refrigerator''

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy (DOE).

ACTION: Notice of proposed rulemaking and opportunity for public 
comment.

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SUMMARY: The Department of Energy (DOE or Department) is proposing to 
amend the definition of Electric refrigerator in its energy 
conservation program regulations to include a maximum temperature of 
the fresh food storage compartment, and to exclude certain appliances 
whose physical configuration makes them unsuitable for general storage 
of perishable foods.

DATES: DOE will consider all written comments received by August 12, 
1999.

ADDRESSES: Mail comments concerning this proposed rule to Michael G. 
Raymond, U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Forrestal Building, Mail Station EE-43, 1000 
Independence Avenue, SW, Washington, DC 20585-0121.

FOR FURTHER INFORMATION CONTACT: Michael G. Raymond, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal 
Building, Mail Station EE-43, 1000 Independence Avenue, SW, Washington, 
DC 20585-0121, (202) 586-9611 or electronically at 
[email protected].; Eugene Margolis, Esq., U.S. Department of 
Energy, Office of General Counsel, Forrestal Building, Mail Station GC-
72, 1000 Independence Avenue, SW, Washington, DC 20585, (202) 586-9526.

SUPPLEMENTARY INFORMATION:

I. Background and Introduction

    The Department has received requests from several manufacturers of 
wine coolers, including Danby Products, Ltd. and the Witt Company, 
requesting exemptions from the refrigerator energy efficiency standards 
for their wine coolers. These products are configured with special 
storage racks for wine bottles and do not attain as low a storage 
temperature as a standard refrigerator. These characteristics make them 
unsuitable for general long-term storage of perishable foods. Wine 
coolers also have glass front doors which makes them less energy 
efficient than standard refrigerators. The Department proposes to amend 
the definition of ``electric refrigerator'' at 10 CFR 430.2 to exclude 
such appliances from coverage. Sales of these products are small and 
excluding them from coverage would not have any significant impacts.
    DOE proposes to exclude wine coolers by including an upper 
temperature limit in the definition of electric refrigerator. The 
refrigerator definition contains the phrase ``designed for the 
refrigerated storage of food at temperatures above 
32  deg.F.'' Clearly, any temperature above 32  deg.F would not be 
suitable for the refrigerated storage of food. What is lacking in the 
definition is a temperature range suitable for food storage for a 
reasonable length of time. The ``American National Standard--Household 
Refrigerators/Household Freezers,'' ANSI/AHAM HRF-1-1988, Section 
7.6.5.1, ``Recommended Level of Performance'' states: ``It is 
recommended that in the fresh food compartment of household 
refrigerators, an average temperature within the range of 34  deg.F and 
41  deg.F be attainable between the coldest and warmest settings of the 
controls * * *.'' Also, from the same paragraph, ``Refrigerator-freezer 
design and development engineers believe 
41  deg.F to be a very practical but not absolute upper limit.''
    Accordingly, the Department proposes to change the definition of a 
refrigerator to include the 41  deg.F upper limit, and to exclude 
refrigerators containing special storage racks only. By the proposed 
definition, appliances which, at the coldest setting of the controls, 
could not attain a fresh food compartment temperature below 41  deg.F, 
and contain only special-purpose storage racks, would not be considered 
a refrigerator, and therefore, not a covered product.

II. Opportunity for Public Comment

A. Participation in Rulemaking

    Interested persons are invited to participate in this proposed 
rulemaking by submitting written data, views, or comments with respect 
to the subject set forth in this notice. Whenever applicable, full 
supporting rationale, data, and detailed analyses should also be 
submitted.

B. Written Comment Procedures

    Written comments (10 copies) should be identified on the outside of 
the envelope, and on the comments themselves, with the designation: 
``Refrigerator Definition'' and must be received by the date specified 
at the beginning of this notice. In the event any person wishing to 
submit a written comment cannot provide 10 copies, alternative 
arrangements may be made in advance by calling Michael Raymond at (202) 
586-9611.
    All comments received on or before the date specified at the 
beginning of this notice and other relevant information will be 
considered by DOE before final action is taken on the proposed rule. 
All comments submitted will be available for examination in the Freedom 
of Information Reading Room, Forrestal Building, Room 1E-190, 1000 
Independence Ave., SW, Washington, DC 20585-0121, telephone (202) 586-
3142, between the hours of 9:00 a.m. and 4:00 p.m., Monday through 
Friday, except Federal holidays.
    Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
information or data that is believed to be confidential, and which may 
be exempt by law from public disclosure, should submit one complete 
copy, as well as two copies from which the information claimed to be 
confidential has been deleted. The DOE will make its own determination 
of any such claim.

C. Public Hearing

    In DOE's view, today's proposed rulemaking does not involve any 
significant issues of law or fact that would warrant holding a public 
hearing. Moreover, the companies requesting these changes have not 
requested such a hearing, and the opportunity to file written comments 
should suffice for other members of the public who want

[[Page 37707]]

DOE to consider their views. For these reasons, DOE has not provided 
for a public hearing in this notice. Nevertheless, if members of the 
public request the opportunity to make oral comments and can identify 
issues that would justify scheduling a public hearing, DOE will 
reconsider its position on holding such a hearing.

III. Regulatory and Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969

    The Department has reviewed this rule under the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. Sec. 4321 et seq., 
the regulations of the Council on Environmental Quality, 40 CFR parts 
1500-1508, the Department's regulations for compliance with NEPA, 10 
CFR Part 1021, and the Secretarial Policy on the National Environmental 
Policy Act (June 1994). The Department classified this proposed rule as 
having no environmental effect.

B. Review Under Executive Order 12866, ``Regulatory Planning and 
Review.''

    The Department has reviewed this regulatory action under Executive 
Order 12866, ``Regulatory Planning and Review,'' October 4, 1993. The 
Department concluded that this action was not subject to review under 
the Executive Order by the Office of Information and Regulatory 
Affairs. Therefore, the Department will take no further action in 
today's proposed rule with respect to Executive Order 12866.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601, requires the 
preparation of an initial regulatory flexibility analysis for every 
rule which, by law, the agency must propose 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. 
A regulatory flexibility analysis examines the impact of the rule on 
small entities and considers alternative ways of reducing negative 
impacts. Today's proposed rule simply redefines the term ``electric 
refrigerator'' to exclude wine coolers. This change to the definition 
was requested by small manufacturers of wine coolers for their benefit. 
No negative impact on any small manufacturer is foreseen.

D. Review Under Executive Order 12612, ``Federalism''

    Executive Order 12612, ``Federalism,'' 52 FR 41685 (October 30, 
1987), requires that agencies review regulations, rules, legislation, 
and any other policy actions for any substantial direct effect on 
States, on the relationship between the National Government and States, 
or in the distribution of power and responsibilities among various 
levels of government. If there are substantial effects, then the 
Executive Order requires preparation of a Federalism assessment to be 
used in all decisions involved in promulgating and implementing a 
policy action. The proposed rule published today is a change to the 
definition of the term ``electric refrigerator'' and would not regulate 
the States. Accordingly, the Department has determined that preparation 
of a Federalism assessment is unnecessary.

E. Review Under Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights''

    The Department has determined, under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 52 FR 8859 (March 18, 1988), that this regulation 
would not result in any takings which might require compensation under 
the Fifth Amendment to the United States Constitution.

F. Review Under the Paperwork Reduction Act

    Today's notice of proposed rulemaking would have no paperwork 
impacts.

G. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, Section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by Section 3(a), Section 3(b) of the Executive Order 
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) provide 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 the Executive Order requires agencies to 
review regulations in light of applicable standards Section 3(a) and 
Section 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. The Department reviewed today's proposed rule 
under the standards of Section 3 of the Executive Order and determined 
that, to the extent permitted by law, it meets the requirements of 
those standards.

H. Review Under Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') requires that the Department prepare a budgetary impact 
statement before promulgating a rule that includes a Federal mandate 
that may result in expenditure by state, local, and tribal governments, 
in the aggregate, or by the private sector, of $100 million or more in 
any one year. The budgetary impact statement must include: (i) 
identification of the Federal law under which the rule is promulgated; 
(ii) a qualitative and quantitative assessment of anticipated costs and 
benefits of the Federal mandate and an analysis of the extent to which 
such costs to state, local, and tribal governments may be paid with 
Federal financial assistance; (iii) if feasible, estimates of the 
future compliance costs and of any disproportionate budgetary effects 
the mandate has on particular regions, communities, non-Federal units 
of government, or sectors of the economy; (iv) if feasible, estimates 
of the effect on the national economy; and (v) a description of the 
Department's prior consultation with elected representatives of state, 
local, and tribal governments and a summary and evaluation of the 
comments and concerns presented. The Department has determined that the 
action proposed today does not include a Federal mandate that may 
result in estimated costs of $100 million or more to state, local or to 
tribal governments in the aggregate or to the private sector. 
Therefore, the requirements of Sections 203 and 204 of the Unfunded 
Mandates Act do not apply to this action.

I. Review Under the Public Law: 105-277 (FY 1999 Appropriations Act)

    A provision under the Public Law: 105-277 (FY 1999 Appropriations 
Act, Page 547 of the Conference Report, H. R.

[[Page 37708]]

4328) requires that agencies assess the impact of proposed actions on 
family well-being before implementing policies and regulation. Agencies 
must assess such an action with respect to whether--(1) it strengthens 
or erodes the stability or safety of the family and, particularly, the 
marital commitment, (2) it strengthens or erodes the authority and 
rights of parents in the education, nurture, and supervision of their 
children, (3) it helps the family perform its functions, or substitutes 
governmental activity for the function, (4) it increases or decreases 
disposable family income or poverty of families and children, (5) its 
benefits justify the financial impact on the family, (6) it can be 
carried out by State or local government or by the family, (7) it 
establishes an implicit or explicit policy concerning the relationship 
between the behavior and personal responsibility of youth, and the 
norms of society. Additionally, agency heads must submit a written 
certification to the Director of the Office of Management and Budget 
and to Congress that the policy or regulation has been so assessed and 
they must provide an adequate rationale for the implementation of each 
policy or regulation that may negatively affect family well-being.
    The Department has determined that the action proposed today, which 
amends the definition of the term ``electric refrigerator,'' does not 
have any significant potential negative impact on the family well-
being. Therefore, the requirements of the above provisions under Public 
Law 105-277 do not apply to this action.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, on June 7, 1999.
Dan W. Reicher,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, Part 430 of Chapter II 
of Title 10, Code of Federal Regulations, is proposed to be amended as 
set forth below.

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. Section 430.2 is amended by revising the definition of 
``Electric refrigerator'' to read as follows:


Sec. 430.2  Definitions.

* * * * *
    Electric refrigerator means a cabinet designed for the refrigerated 
storage of food at temperatures above 32  deg.F and below 41  deg.F, 
storage racks configured for general refrigerated food storage, and 
having a source of refrigeration requiring single phase, alternating 
current electric energy input only. An electric refrigerator may 
include a compartment for the freezing and storage of food at 
temperatures below 
32  deg.F, but does not provide a separate low temperature compartment 
designed for the freezing and storage of food at temperatures below 8 
deg.F.
* * * * *
[FR Doc. 99-17657 Filed 7-12-99; 8:45 am]
BILLING CODE 6450-01-P