[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Rules and Regulations]
[Page 9591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03557]



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  Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / 
Rules and Regulations  

[[Page 9591]]



DEPARTMENT OF ENERGY

10 CFR Part 431

 [Docket Number EERE-2008-BT-STD-0015]
RIN 1904-AB86


Energy Conservation Program: Energy Conservation Standards for 
Walk-in Coolers and Freezers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Publication of determination.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, prescribes that the U.S. Department of Justice (DOJ) make a 
determination on the impact, if any, on the lessening of competition 
likely to result from a U.S. Department of Energy (DOE) proposed rule 
for energy conservation standards and that DOE publish the 
determination in the Federal Register. DOE published its final rule for 
energy conservation standards for walk-in coolers and freezers on June 
3, 2014, and is today publishing DOJ's determination on such proposed 
rule.

DATES: February 24, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 287-1692. Email: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 586-8145. Email: [email protected].

SUPPLEMENTARY INFORMATION: On June 3, 2014, DOE published a final rule 
for walk-in coolers and walk-in freezers in which DOE amended the 
energy conservation standards for certain walk-in cooler and walk-in 
freezer components. Those standards were determined by DOE to be 
technologically feasible and economically justified and would result in 
the significant conservation of energy. The Energy Conservation and 
Policy Act of 1975 (42 U.S.C.6291, et seq; ``EPCA''), Public Law 94-
163, requires that the Attorney General make a determination and 
analysis of the impact, if any, of any lessening of competition likely 
to result from a proposed standard, within 60 days of publication. (42 
U.S.C. 6295(o)(2)(B)(ii)) EPCA also requires that DOE publish the 
determination and analysis in the Federal Register. Id.
    DOE received the determination in response to the September 11, 
2013 NOPR from the Attorney General and the U.S. Department of Justice 
on November 13, 2013. Accordingly, DOE is publishing that determination 
in today's notice.

    Issued in Washington, DC, on February 12, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
WILLIAM J. BAER
Assistant Attorney General
Main Justice Building
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
(202) 514-2401 I (202) 616-2645 (Fax)

November 12, 2013

Eric J. Fygi
Deputy General Counsel Department of Energy Washington, D.C. 20585

Re: Walk In Coolers & Freezers Energy Conservation Standards Dear 
Deputy General Counsel Fygi:

    I am responding to your September 10, 2013 letter seeking the 
views of the Attorney General about the potential impact on 
competition of proposed energy conservation standards for walk-in 
coolers and refrigerators. 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 Sec.  0.40(g).
    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, and perhaps thwart the 
intent of the revised standards by inducing substitution to less 
efficient products.
    We have reviewed the proposed standards contained in the Notice 
of Proposed Rulemaking (78 FR 55781, September 11, 2013) (NOPR). We 
have also reviewed supplementary information submitted to the 
Attorney General by the Department of Energy, including a transcript 
of the public meeting held on the proposed standards on October 9, 
2013. Based on this review, our conclusion is that the proposed 
energy conservation standards for walk-in coolers and freezers are 
unlikely to have a significant adverse impact on competition.
Sincerely,

William J. Baer

Enclosure
[FR Doc. 2015-03557 Filed 2-23-15; 8:45 am]
BILLING CODE 6450-01-P