[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Proposed Rules]
[Pages 77589-77591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31566]


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

  Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / 
Proposed Rules  

[[Page 77589]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2011-BT-STD-0043]
RIN 1904-AC51


Energy Conservation Standards and Test Procedure for 
Miscellaneous Refrigeration Products: Notice of Data Availability; 
Request for Information

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

ACTION: Notice of data availability (NODA); request for information 
(RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is currently weighing 
whether and how to regulate the energy efficiency of certain 
refrigeration products such as wine chillers and beverage centers 
(collectively, ``coolers''). These ``miscellaneous refrigeration 
products'' (``MREFs'') include coolers that do not operate using a 
conventional compressor/condenser-based system, particularly those 
products that use a thermoelectric-based refrigeration system. In 
support of this effort, DOE has collected and analyzed a variety of 
data to better understand the composition of the MREF industry and its 
products. To ensure its understanding of this market and its products, 
DOE is requesting additional information from the public related to the 
manufacturers of thermoelectric-based MREFs.

DATES: DOE will accept comments, data, and information regarding the 
NODA no later than January 14, 2016. Details regarding the data 
referenced in this document are provided in docket EERE-2011-BT-STD-
0043, available at www.regulations.gov.

ADDRESSES: Comments may be submitted to the addresses provided in 
section IV. of the SUPPLEMENTARY INFORMATION.
    The docket, EERE-2011-BT-STD-0043, is available for review at 
www.regulations.gov, including Federal Register notices, comments, and 
other supporting documents or materials. 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.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2011-BT-STD-0043. The 
regulations.gov Web page contains instructions on how to access all 
documents in the docket, including public comments. For further 
information on how to review the docket, contact Ms. Brenda Edwards at 
(202) 586-2945 or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information may be sent to Mr. Joseph Hagerman, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: 202-586-4549. Email: 
[email protected].
    In the office of the General Counsel, contact Mr. Michael Kido, 
Esq., U.S. Department of Energy, Office of General Counsel, GC-33, 1000 
Independence Avenue SW., Washington, DC 20585-0121, (202) 586-8145, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Miscellaneous Refrigeration Products--Background
II. Results and Analyses Summary
III. Request for Information and Specific Issues for Which DOE Is 
Seeking Comment
IV. Public Participation

I. Miscellaneous Refrigeration Products--Background

    In November 2011, the Department of Energy (``DOE'') began a 
process to consider whether to include as covered products and 
establish energy conservation standards for certain types of 
refrigeration products that largely fall outside of DOE's regulations 
pertaining to refrigerators, refrigerator-freezers, and freezers.\1\ 
See 76 FR 69147 (November 8, 2011) (Notice of Proposed Determination) 
and 10 CFR 430.32(a) (setting out energy conservation standards for 
each class of refrigerator, refrigerator-freezer, and freezer currently 
regulated by DOE). Chief among the products garnering DOE's attention 
were products such as wine chillers (``coolers'')--which typically 
provide storage temperatures exceeding those used in those products 
already addressed by DOE's regulations. Cooling the storage areas of 
these products can be accomplished using different methods. One method 
is to use a conventional compressor/condenser-based system that feeds 
cold air into the internal storage compartment of the product. Another 
method--thermoelectric-based cooling--relies on the use of a solid-
state heat pump that creates a cooling effect when electric current 
passes through two conductors. Under this approach, a temperature 
difference is created between the junction of two different types of 
materials as voltage is applied to the free ends of each material. Both 
of these technologies were considered in DOE's approach to regulating 
miscellaneous refrigeration equipment.
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    \1\ For a narrow sliver of products that combined a wine storage 
compartment with a fresh food or freezer compartment (``combination 
coolers''), DOE had previously issued guidance indicating that these 
products may fall within the electric refrigerator and electric 
refrigerator-freezer definitions. See Refrigerators and Freezers 
Guidance (February 10, 2011) (discussing the treatment of ``hybrid'' 
refrigeration products--i.e., cominbation coolers).
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    Pursuant to the Energy Policy and Conservation Act of 1975, as 
amended (``EPCA''), DOE may add a new product to its scope of 
regulatory coverage when certain criteria are met. See 42 U.S.C. 
6292(b) (laying out specific criteria to satisfy when classifying a 
consumer product not already statutorily-covered as a covered product). 
Similarly, DOE may set energy conservation standards for those newly 
covered products if additional criteria are met. See 42 U.S.C. 6295(l) 
(detailing additional requirements to meet prior to prescribing 
standards for newly covered products). As part of its continuing 
efforts to improve consumer product and industrial equipment energy 
efficiency, DOE is considering including miscellaneous refrigeration 
products (``MREFs''), such as coolers that do not use a compressor/
condenser-based system, to its list of products for

[[Page 77590]]

regulatory coverage authority and to set energy conservation standards 
for them.
    To help better inform its potential regulation of these items, DOE 
announced its intention to establish a negotiated rulemaking working 
group that would operate under the Appliance Standards and Rulemaking 
Federal Advisory Committee (``ASRAC'') with the purpose of exploring 
possible energy efficiency requirements for MREFs. See 80 FR 17355 
(April 1, 2015). DOE solicited the public for participants to help 
serve on the MREF Working Group and identified various groups who would 
be significantly affected by a rulemaking that would address MREF 
energy efficiency. See id. at 17357. The Working Group ultimately 
reached consensus among its members on a variety of issues, including 
the potential scope of coverage, applicable definitions, test procedure 
details, and energy conservation standards that would apply to these 
products. This effort, which was conducted in accordance with the 
Federal Advisory Committee Act (5 U.S.C. App. 2) and the Negotiated 
Rulemaking Act (5 U.S.C. 561-570), produced a consensus agreement 
addressing the above issues.

II. Results and Analyses Summary

    The consensus agreement reached by the various participating 
parties was based on research and testing data related to MREF 
products. The data from this effort were used to create a comprehensive 
technical analysis that the Working Group used to develop the 
recommendations in its consensus agreement. The agreement was prepared 
for submission to ASRAC, which would then weigh its merits for approval 
for further consideration by DOE.
    Among the issues considered by the Working Group were the potential 
impacts related to manufacturers of thermoelectric-based MREF products. 
While DOE believes that the MREF Working Group, which included one 
manufacturer who currently sells thermoelectric-based products and 
other manufacturers who have sold thermoelectric coolers in the past, 
comprised a group of persons that are fairly representative of relevant 
points of view, including manufacturers of thermoelectric-based MREF 
products, DOE is seeking comment and any additional information 
regarding the nature of these manufacturers, and the marketing nuances 
and other issues specifically facing the manufacturers of 
thermoelectric-based MREF products.

III. Request for Information and Specific Issues for Which DOE Is 
Seeking Comment

    DOE welcomes comments on all aspects of this notice of data 
availability and request for information. DOE is particularly 
interested in receiving comments from interested parties on the 
following data and questions related to the manufacturers of 
thermoelectric-based MREF products:
    (1) The number, location, size, product offering, and business 
structure of the original equipment manufacturers (``OEMs'') producing 
thermoelectric coolers for sale in the U.S. market.
    (2) The sales channels of the thermoelectric cooler OEMs serving 
the U.S. market. Which of these OEMs sell products directly to the U.S. 
market and which serve the U.S. market indirectly through private 
labelers?
    (3) The U.S. market shares (in terms of total shipments) of both 
the thermoelectric cooler private labelers and OEMs.
    (4) Using a database of models generated from publicly available 
information (including existing product databases and manufacturer and 
vendor Web sites), DOE identified over 30 brands of cooler models 
offered for sale in the U.S. that utilize thermoelectric refrigeration 
systems--all of which appear to be manufactured overseas. In DOE's 
view, the current market is competitive with no one dominant player and 
includes such private labelers as Vinotemp, Wine Enthusiast, Koolatron, 
and Haier. DOE seeks comment on whether this description of the 
thermoelectric cooler market is accruate and whether using the number 
of cooler models available on the U.S. market can be used as a proxy 
for market share for the cooler industry.DOE considered thermoelectric 
coolers when generating engineering analysis information included in 
the preliminary analysis (79 FR 71705 (Dec. 3, 2014)) and updated its 
analysis documents based on the Working Group discussions. (DOE's 
engineering analysis documents developed in support of the Working 
Group meetings are available at http://www.regulations.gov in Docket ID 
EERE-2011-BT-STD-0043.) These analyses indicated that thermoelectric 
cooler energy efficiency performance could be improved to a level that 
would be on-par (or exceed) the efficiency levels recommended by the 
Working Group by using a variety of options including, but not limited 
to, adding cabinet insulation, incorporating heat pipes, using solid 
rather than glass doors, or using glass or other translucent door 
material with higher insulating values. DOE requests comment on these 
engineering results and related estimates.
    (5) DOE seeks comment as to whether there are any substantive 
issues with relying on information furnished by private labelers who 
purchase thermoelectric-based MREFs for purposes of DOE's manufacturer 
impacts analysis. If there are no issues with relying on this 
information (or its source), please so state.
    (6) DOE also seeks any additional feedback relating to its analyses 
that it is making available as part of this NODA as it relates to 
thermoelectric manufacturers.

IV. Public Participation

Submission of Comments

    DOE welcomes comments on all aspects of this NODA and on other 
relevant issues that participants believe would affect the eventual 
test procedures and energy conservation standards applicable to MREF 
products. Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2011-BT-
STD-0043, by any of the following methods:
     Email: To [email protected]. Include 
EERE-2011-BT-STD-0043 in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Phone: (202) 586-2945. Please submit 
one signed paper original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit one 
signed paper original.
    All submissions received must include the agency name and docket 
number or RIN for this rulemaking.
    After the close of the comment period, DOE will begin reviewing the 
public comments and making any necessary adjustments to its standards 
analysis supporting its rulemaking proceeding concerning potential 
energy conservation standards for MREF products.
    DOE considers public participation to be a very important part of 
the process for developing test procedures and

[[Page 77591]]

energy conservation standards. DOE actively encourages the 
participation and interaction of the public during the comment period 
in each stage of the rulemaking process. Interactions with and between 
members of the public provide a balanced discussion of the issues and 
assist DOE in the rulemaking process. Anyone who wishes to be added to 
the DOE mailing list to receive future notices and information about 
this rulemaking should contact Mr. Joseph Hagerman at (202) 586-4549, 
or via e-mail at [email protected].

    Issued in Washington, DC, on December 4, 2015.
 Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-31566 Filed 12-14-15; 8:45 am]
 BILLING CODE 6450-01-P