[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Proposed Rules]
[Pages 11454-11465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04874]
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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. 81, No. 43 / Friday, March 4, 2016 / Proposed
Rules
[[Page 11454]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-DET-0072]
RIN 1904-AC66 and 1904-AC51
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Supplemental Proposed
Determination of Miscellaneous Refrigeration Products as Covered
Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking; supplemental notice of proposed
determination.
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SUMMARY: The U.S. Department of Energy (DOE) is proposing to treat
certain miscellaneous refrigeration products (MREFs), which include
coolers and combination cooler refrigeration products, as covered
products under Part A of Title III of the Energy Policy and
Conservation Act (EPCA), as amended. This supplemental proposed
determination would modify DOE's initial proposed scope of those
products that would be considered MREFs presented in its earlier
proposed determinations. As part of this supplemental proposed
determination, DOE is also proposing specific definitions of the
product categories that would fall within the MREF product type. In
addition, DOE is proposing to amend its current definitions for
refrigerators, refrigerator-freezers, and freezers to help clarify the
distinctions between the proposed covered product definitions for
MREFs. The proposed amendments to these definitions (for refrigerators,
refrigerator-freezers, and freezers) would not alter the scope or
intent of the current definitions, other than for those products that
would newly be covered as combination cooler refrigeration products.
DATES: DOE will accept written comments, data, and information on this
document, but no later than April 4, 2016.
The coverage and definitions proposed in this document would be
effective 30 days after publication of any final coverage determination
in the Federal Register. After that date, products within the scope of
MREF coverage would be subject to any applicable test procedures and
energy conservation standards established for MREFs.
ADDRESSES: This rulemaking can be identified by docket number EERE-
2011-BT-DET-0072 and/or Regulatory Information Number (RIN) 1904-AC66
and 1904-AC51.
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-DET-0072
by any of the following methods:
Email: to [email protected]. Include EERE-2011-BT-DET-0072 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.
Docket: For access to the docket to read background documents or
comments received, go to the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza SW., Washington, DC 20024, (202) 586-2945, between 9:00
a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.
Please call Ms. Brenda Edwards at (202) 586-2945 for additional
information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph Hagerman, 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) 586-0371. Email:
[email protected].
In the Office of General Counsel, contact Mr. Michael Kido, U.S.
Department of Energy, Office of the General Counsel, GC-33, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-8145. Email: [email protected].
For further information on how to review public comments, contact
Ms. Brenda Edwards at (202) 586-2945 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Scope of Coverage
IV. Evaluation of Miscellaneous Refrigeration Products as Covered
Products
A. Coverage Necessary or Appropriate To Carry Out Purposes of
EPCA
B. Energy Use Estimates
1. Coolers
2. Combination Cooler Refrigeration Products
3. Conclusions
V. Product Definitions
A. Coolers
B. Combination Cooler Refrigeration Products
C. Refrigerators, Refrigerator Freezers, and Freezers
D. General Terms for the Groups of Products Addressed in This
Document
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
VII. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
[[Page 11455]]
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (EPCA or the
Act), as amended (42 U.S.C. 6291 et seq.), sets forth various
provisions designed to improve energy efficiency. Part A of Title III
of EPCA (42 U.S.C. 6291-6309) established the ``Energy Conservation
Program for Consumer Products Other Than Automobiles,'' which covers
consumer products and certain commercial products (hereafter referred
to as ``covered products'').\1\
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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EPCA specifies a list of covered consumer products that includes
refrigerators, refrigerator-freezers, and freezers. Although EPCA did
not define any of these products, it specified that the extent of DOE's
coverage would apply to those refrigerator, refrigerator-freezers, and
freezers that can be operated by alternating current (AC) electricity,
are not designed to be used without doors, and include a compressor and
condenser as an integral part of the cabinet assembly. (42 U.S.C.
6292(a)(1)) EPCA did not preclude or otherwise foreclose the
possibility that other consumer refrigeration products, such as those
consumer refrigeration products addressed in this notice, could also be
covered if they satisfy certain prerequisites. Those prerequisites,
when met, permit the Secretary of Energy to classify additional types
of consumer products as covered products. For a given product to be
classified as a covered product, the Secretary must determine that:
(1) Classifying the product as a covered product is necessary for
the purposes of EPCA; and
(2) the average annual per-household energy use by products of such
type is likely to exceed 100 kilowatt-hours per year (kWh/yr). (42
U.S.C. 6292(b)(1))
When attempting to cover additional product types, DOE must first
determine whether these criteria from 42 U.S.C. 6292(b)(1) are met.
Once they have been satisfied, the Secretary may set standards for
these additional products, subject to the provisions in 42 U.S.C.
6295(o) and (p), provided that DOE determines the four criteria of 42
U.S.C. 6295(l) have been met. First, the average per household energy
use within the United States by the products of such type (or class)
exceeded 150 kilowatt-hours (kWh) (or its British thermal unit (Btu)
equivalent) for any 12-month period ending before such determination.
Second, the aggregate household energy use within the United States by
products of such type (or class) exceeded 4,200,000,000 kWh (or its Btu
equivalent) for any such 12-month period. Third, a substantial
improvement in the energy efficiency of products of such type (or
class) is technologically feasible. And fourth, the application of a
labeling rule under 42 U.S.C. 6294 to such type (or class) is not
likely to be sufficient to induce manufacturers to produce, and
consumers and other persons to purchase, covered products of such type
(or class) that achieve the maximum energy efficiency that is
technologically feasible and economically justified. (42 U.S.C.
6295(l)(1)) This determination would be made prior to DOE's setting of
energy conservation standards for the product at issue.
In addition, if DOE issues a final determination that a given
product--such as a miscellaneous refrigeration product or ``MREF''--is
a covered product, DOE will consider adopting test procedures to
measure its energy efficiency and determine if the required criteria of
42 U.S.C. 6295(l)(1) are met prior to setting any energy conservation
standards for that product. DOE has already started the rulemaking
processes for both the test procedures and the standards for MREFs.\2\
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\2\ On www.regulations.gov, see docket ID EERE-2011-BT-STD-0043
for information regarding the energy conservation standards
rulemaking and docket ID EERE-2013-BT-TP-0029 for information
regarding the test procedure rulemaking.
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II. Current Rulemaking Process
On November 8, 2011, DOE published a notice of proposed
determination of coverage (NOPD) to address the potential coverage of
consumer refrigeration products without compressors in anticipation of
a rulemaking to address these and related consumer refrigeration
products. 76 FR 69147.
On February 23, 2012, DOE began a scoping process to set potential
energy conservation standards and test procedures for wine chillers,
consumer refrigeration products that operate without compressors, and
consumer ice makers by publishing a notice of public meeting, and
providing a framework document that addressed potential standards and
test procedure rulemakings for these products. 77 FR 7547.
On October 31, 2013, DOE published in the Federal Register a
supplemental notice of proposed determination of coverage (``SNOPD'')
in which it tentatively determined that MREFs, which at the time
included wine chillers, non-compressor refrigeration products, hybrid
products (i.e. refrigeration products that combine a wine chiller with
a refrigerator and/or freezer), and consumer ice makers, would satisfy
the provisions of 42 U.S.C. 6292(b)(1). 78 FR 65223.
DOE published a notice of public meeting that also announced the
availability of a preliminary technical support document (``TSD'') for
MREFs on December 3, 2014 (``Preliminary Analysis''). 79 FR 71705. This
preliminary analysis considered potential standards for the products
proposed for coverage as MREFs in the SNOPD. DOE held a public meeting
to discuss and receive comments on the preliminary analysis, which
covered the analytical framework, models, and tools that DOE used to
evaluate potential standards; the results of preliminary analyses
performed by DOE for these products; the potential energy conservation
standard levels derived from these analyses that DOE had been
considering consistent with its obligations under EPCA; and all other
issues raised issues that relevant to the development of energy
conservation standards for the different classes of MREFs.
DOE also published a test procedure notice of proposed rulemaking
(NOPR) on December 16, 2014 (``Test Procedure NOPR''), that proposed
establishing definitions and test procedures for MREFs, including the
product categories proposed for coverage in the SNOPD. The proposed
test procedures to be included at Title 10 of the Code of Federal
Regulations (CFR), part 430, subpart B, appendix A (``appendix A'')
would measure the energy efficiency, energy use, and estimated annual
operating cost of MREFs during a representative average use period and
would not be unduly burdensome to conduct, as required under 42 U.S.C.
6293(b)(3)). 79 FR 74894.
After reviewing the comments received in response to both the
Preliminary Analysis and the Test Procedure NOPR, DOE ultimately
determined that its efforts at developing test procedures and potential
energy conservation standards for these products would benefit from the
direct and comprehensive input provided through the negotiated
rulemaking process. On April 1, 2015, DOE published a notice of intent
to establish a Working Group under the Appliance Standards and
Rulemaking Federal Advisory Committee (``ASRAC'') that would use the
negotiated rulemaking process to discuss and, if possible, reach
consensus on the scope of coverage, definitions, test procedures, and
proposed energy conservation standards for MREFs. 80 FR 17355.
Subsequently, DOE formed a Miscellaneous Refrigeration Products Working
Group
[[Page 11456]]
(``MREF Working Group'' or, in context, ``the Working Group'') to
address these issues. The Working Group consisted of 15 members,
including two members from ASRAC and one DOE representative. The MREF
Working Group met in-person during six sets of meetings held on May 4-
5, June 11-12, July 15-16, August 11-12, September 16-17, and October
20.
On August 11, 2015, the MREF Working Group reached consensus on a
term sheet that recommended the relevant scope of coverage,
definitions, and test procedures for MREFs. See public docket EERE-
2011-BT-STD-0043-0113 (``Term Sheet #1''). On October 20, 2015, the
MREF Working Group reached consensus on a term sheet to recommend
energy conservation standards for coolers and combination cooler
refrigeration products. See public docket EERE-2011-BT-STD-0043-0111
(``Term Sheet #2''). ASRAC approved the term sheets during open
meetings on December 18, 2015, and January 20, 2016, and sent them to
the Secretary of Energy.
III. Scope of Coverage
As discussed in the previous section, DOE's Test Procedure NOPR and
Preliminary Analysis for MREFs were consistent with the scope of
coverage outlined in the SNOPD.
In response to the feedback received from interested parties on the
Preliminary Analysis and Test Procedure NOPR, the MREF Working Group
was tasked with recommending a scope of coverage for MREFs. To this
end, the Working Group's Term Sheet recommended that DOE drop two
product categories that DOE had initially included in its scope--non-
compressor refrigerators and ice makers. For non-compressor
refrigerators, the Working Group members were unaware of the existence
of such products and concluded that the non-compressor products that do
exist would be considered coolers (formerly ``cooled cabinets'') under
the definitions recommended by the MREF Working Group. Accordingly, it
recommended dropping the non-compressor refrigerator product category
since they would already be covered as coolers. For ice makers, the
Working Group made two observations. First, the Working Group noted
that ice makers are fundamentally different from the other product
categories considered as MREFs, as emphasized by DOE's proposal to
create a separate test procedure for them. Second, the Working Group
noted that ice makers are currently covered as commercial equipment and
there is no clear differentiation between consumer and commercial ice
makers. See Term Sheet #1.
Based on feedback from interested parties and recommendations from
the MREF Working Group, DOE is proposing that MREF coverage would apply
only to coolers (formerly cooled cabinets) and combination cooler
refrigeration products (formerly hybrid refrigeration products). DOE is
also proposing definitions for these product categories.
IV. Evaluation of Miscellaneous Refrigeration Products as Covered
Products
Determining whether to treat MREFs as a covered product requires
satisfying certain statutory criteria. As stated in section I of this
notice, DOE may classify a consumer product as a covered product if (1)
classifying products of such type as covered products is necessary and
appropriate to carry out the purposes of EPCA; and (2) the average
annual per household energy use by products of such type is likely to
exceed 100 kWh (or its Btu equivalent) per year. (42 U.S.C. 6292(b)(1))
Additionally, to set standards for any newly covered product, the
average per household energy use must exceed 150 kWh (or its British
thermal unit (Btu) equivalent) for any 12-month period, and the
aggregate household energy use must exceed 4.2 terawatt-hours (TWh) (or
its Btu equivalent) for any such 12-month period. (42 U.S.C.
6295(l)(1))
A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA
In this document, DOE has tentatively determined that the coverage
of MREFs is both necessary and appropriate to carry out the purposes of
EPCA. MREFs, which comprise a small but significant and growing sector
of the consumer refrigeration market, consume energy generated from
limited energy supplies and regulating their energy efficiency would be
likely to help conserve these limited energy supplies. Accordingly,
establishing standards for these products falls squarely within EPCA's
purposes to: (1) Conserve energy supplies through energy conservation
programs; and (2) provide for improved energy efficiency of major
appliances and certain other consumer products. (42 U.S.C. 6201)
B. Energy Use Estimates
DOE estimated the average household energy use for MREFs--coolers
and combination cooler refrigeration products--to determine if the
average annual per-household energy use of these products exceeds the
100 kWh/yr required for coverage under EPCA. For this analysis, DOE
used the SNOPD analysis as a starting point and made improvements based
on more recent or newly gathered data.
1. Coolers
DOE used market data, engineering models, and feedback from
manufacturers received under non-disclosure agreements and during the
MREF Working Group meetings to improve the estimates of average
household energy use for coolers as determined in the SNOPD.
While the SNOPD considered different product categories based on
both compartment temperatures (e.g., cooler, refrigerator, or freezer)
and refrigeration type (e.g., vapor-compression, thermoelectric, etc.),
DOE has reorganized the analysis for consistency with the scope of
coverage and product definitions recommended by the MREF Working Group,
as described in sections III and VI of this notice, respectively. For
coolers, the definition would incorporate products regardless of
refrigeration system under the same product definition. However, to
better account for the energy use characteristics of these products,
the updated analysis separates coolers into four product categories
based on refrigerated volume and installation type.
DOE has updated several components of its energy use estimates
since the SNOPD. DOE surveyed product owners to improve its estimate of
market saturation rates.\3\ DOE has also revised its estimates of
product lifetimes based on recommendations from the MREF Working Group.
Finally, DOE updated its estimates of energy consumption per unit
through feedback from manufacturers, the MREF Working Group, the
Association of Home Appliance Manufacturers,\4\ as well as product
information available on manufacturer and retailer Web sites.
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\3\ See J. B. Greenblatt et al. U.S. Residential Miscellaneous
Refrigeration Products: Results from Amazon Mechanical Turk Surveys.
2014. Lawrence Berkeley National Laboratory: Berkeley, CA. (Report
No. LBNL-6537E) and S. M. Donovan, S. J. Young and J. B. Greenblatt.
Ice-Making in the U.S.: Results from an Amazon Mechanical Turk
Survey. 2015. Lawrence Berkeley National Laboratory: Berkeley, CA.
(Report No. LBNL-183899).
\4\ See Docket No. EERE-2011-BT-STD-0043-0106.
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Table IV.1 shows the estimated annual energy use for each type of
cooler. DOE found that across all cooler product types, coolers have an
average lifetime of over 10 years, and an average annual energy
consumption of 440 kWh per household.
[[Page 11457]]
Table IV.1--Coolers Estimated Annual Energy Use
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Product type
Units ---------------------------------------------------------------- Totals or
Compact FS * Compact BI * FS * BI * averages
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Average Energy Consumption (per unit)..... kWh/year.................... 450 250 370 340 440
Stock..................................... Units, 2014................. 14,500,000 55,000 610,000 120,000 15,300,000
National Energy Consumption............... TWh/year.................... 6.5 0.014 0.23 0.042 6.8
Average Lifetime.......................... years....................... 10.3 10.3 17.4 17.4 10.6
Annual Sales.............................. Units, 2014................. 1,400,000 5,400 35,000 7,100 1,460,000
Saturation................................ %........................... 12.6 0.05 0.5 0.1
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* FS = Freestanding, BI = Built-in.
2. Combination Cooler Refrigeration Products
DOE used market data, engineering models, and feedback from
manufacturers received under non-disclosure agreements and during the
MREF Working Group meetings to improve the estimates of average
household energy use for combination cooler refrigeration products as
determined in the SNOPD.
Similar to the updated coolers analysis in this notice, DOE revised
its combination cooler refrigeration product analysis consistent with
the scope of coverage and product definitions recommended by the MREF
Working Group, as described in sections III and VI of this notice,
respectively. The updated combination cooler refrigeration product
definition removes the 50-percent cooler compartment volume requirement
that was needed for a product to be considered a combination cooler
refrigeration product in the SNOPD. The updated analysis reflects
additional products being included under the ``combination cooler
refrigeration products'' definition.
DOE has updated several components of its combination cooler
refrigeration product energy use estimates since publication of the
SNOPD. DOE updated its estimate of annual shipments based on
manufacturer feedback. DOE has also revised its estimates of product
lifetimes based on recommendations from the MREF Working Group.
Finally, DOE updated its estimates of energy consumption per unit
through manufacturer and MREF Working Group-member feedback and an
examination of more recent product information available on
manufacturer and retailer Web sites.
Table IV.2 shows the estimated annual energy use for each type of
combination cooler refrigeration product. DOE found that across product
types, these products have an average lifetime of about 12.6 years, and
an average annual energy consumption of 222 kWh per household.
Table IV.2--Combination Cooler Refrigeration Products Annual Energy Use
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Product type *
Units ---------------------------------------------------------------- Totals or
C3A-BI C9-BI C13A C13A-BI averages
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Average Energy Consumption (per unit)..... kWh/year.................... 210 280 210 220 220
Stock..................................... Units, 2014................. 70,000 70,000 160,000 120,000 430,000
National Energy Consumption............... TWh/year.................... 0.015 0.019 0.035 0.027 0.095
Average Lifetime.......................... years....................... 17.4 17.4 10.3 10.3 12.6
Annual Sales.............................. Units, 2014................. 4,000 4,000 16,000 12,000 36,000
Saturation................................ ............................ 0.06% 0.06% 0.14% 0.11%
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Product types for combination cooler refrigeration products are based on the product class of refrigerator, refrigerator-freezer, or freezer that the
product would be categorized under if it did not have a cooler compartment.
3. Conclusions
Based upon its evaluations of coolers and combination cooler
refrigeration products, DOE has developed estimates of their annual
energy use. These estimates indicate that these products, on average,
consume significantly more than 100 kWh annually. Therefore, DOE has
tentatively determined that the average annual per household energy use
for MREFs is likely to exceed the 100 kWh/yr threshold set by EPCA
needed to classify a product as covered. Moreover, DOE has determined
that MREFs on average consume more than 150 kWh/yr, and that the
aggregate annual national energy use of these products is 6.9 TWh,
which exceeds the 4.2 TWh minimum threshold. Accordingly, these data
indicate that MREFs appear to satisfy at least two of the four criteria
required by EPCA in order to establish energy conservation standards
for a product that the Secretary chooses to add for regulatory
coverage. See 42 U.S.C. 6295(l)(1)(A)-(D).
V. Product Definitions
Consistent with the SNOPD, the Test Procedure NOPR laid out
potential definitions for the following four product categories that
DOE indicated would be considered as MREFs: Cooled cabinets, non-
compressor refrigerators, hybrid refrigerators, and ice makers. DOE
proposed to define ``cooled cabinets'' as products that maintain
internal temperatures warmer than refrigerators; ``non-compressor
refrigerators'' as products that otherwise meet the existing
refrigerator definition, but do not use vapor-compression
refrigeration; ``hybrid refrigeration products'' as products with a
warm-temperature (i.e. a temperature lower than the ambient, but warmer
than that which is used to safely store fresh food) compartment (e.g.,
a wine chiller) combined with a fresh food and/or
[[Page 11458]]
freezer compartment, with the warm-temperature compartment comprising
at least 50 percent of the product's total refrigerated volume; and
``ice makers'' as consumer products designed to automatically produce
and harvest ice that would not be considered any of the other consumer
refrigeration products (e.g., refrigerator-freezer or freezer). DOE
also proposed amending the existing ``refrigerator,'' ``refrigerator-
freezer,'' and ``freezer'' product definitions for consistency and to
improve their clarity when viewed in conjunction with the proposed MREF
definitions. 79 FR 74894, 74899-74904 (Dec. 16, 2014).
The MREF Working Group subsequently discussed how and whether to
define the various terms related to MREFs. The Working Group ultimately
reached a consensus that is reflected in Term Sheet #1's
recommendations, which included dropping DOE's proposed definitions for
non-compressor refrigerators and ice makers, updating the terms used to
describe the covered MREF product categories based on the discussions
and analyses conducted during the Working Group meetings, revising the
proposed MREF product definitions, and amending the existing
definitions for refrigerators, refrigerator-freezers, and freezers to
ensure consistency with the recommended MREF definitions. See Term
Sheet #1.
Consistent with these recommendations, DOE is proposing new or
amended definitions for the relevant product definitions that would be
added to the Code of Federal Regulations (CFR) at 10 CFR 430.2. DOE is
proposing new definitions for MREFs to clearly delineate which products
would fall within the scope of coverage for MREFs and within which MREF
product categories. DOE is also proposing similar conforming amendments
to the existing definitions for refrigerators, refrigerator-freezers,
and freezers for consistency with the proposed MREF definitions. The
proposed amendments are intended to eliminate confusion with the
proposed MREF definitions, and would not affect the scope of coverage
under the existing refrigerator, refrigerator-freezer, and freezer
definitions, other than for those products that would be covered under
DOE's proposed determination as combination cooler refrigeration
products.
A. Coolers
In the Test Procedure NOPR, DOE proposed to define a ``cooled
cabinet'' as a product operating using only electric energy input but
is not a ``refrigerator'' because its compartment temperatures are
warmer than the 39 degrees Fahrenheit ([deg]F) threshold established
for refrigerators, as determined in a 72[emsp14][deg]F ambient
temperature. 79 FR 74894, 74901-74902 (Dec. 16, 2014). This proposal
was based on the premise that such a product would adequately capture
items such as beverage centers and wine coolers, which typically
operate above these temperatures.
The MREF Working Group term sheet (i.e., Term Sheet #1) contained a
recommendation that DOE revise this term from ``cooled cabinet'' to
``cooler'' and incorporate a number of other changes to the proposed
definition. The Working Group recommended that compartment temperatures
be determined during operation in a 90[emsp14][deg]F ambient
temperature to maintain consistency with the test conditions used for
other refrigeration products. The Working Group also recommended
excluding products designed to be used without doors, consistent with
the exclusions DOE had proposed for the refrigerator, refrigerator-
freezer, and freezer definitions in the Test Procedure NOPR. See 79 FR
74894 at 74900 (Dec. 16, 2014). The purpose of the exclusion would be
to differentiate between consumer products and commercial equipment
(i.e., products designed for use without doors are commercial equipment
rather than consumer products, consistent with the statutory coverage
of refrigerators, refrigerator-freezers, and freezers). The Working
Group further recommended the requirement that coolers operate on
single-phase, alternating current rather than simply specifying
operation with electric energy input. This approach would exclude those
products designed for direct current or 3-phase power supplies, which
would likely apply to products intended for use in mobile or commercial
applications, respectively. See Term Sheet #1.
Consistent with this approach, DOE is proposing to define cooler
using the definition for cooled cabinet proposed in the Test Procedure
NOPR--but updated to reflect the Working Group's recommendations.
In response to the definitions proposed in the Test Procedure NOPR,
Felix Storch, Inc. (``FSI'') commented that it is not aware of any non-
compressor freezers, but it is aware of non-compressor refrigerators
that are able to have a very small portion of their volume at a
temperature cold enough to freeze ice cubes. (FSI, No. 15 at p. 1) \5\
FSI also commented that the proposed category for non-compressor
refrigerators was overly-broad. It stressed that there are two main
purposes for non-compressor units: One is to serve as a low-price
compact wine cellar or dormitory cooler, and the other is for use in
special markets such as camping or truck refrigerators. It noted that
these units should not have the same regulations as currently in effect
for compressor units and instead, any thermoelectric product with a
volume less than 1 cubic foot should be exempt from regulation so that
these products can continue to be marketed. Also, FSI stated that DOE
should exempt units without permanently attached power cords for 110-
volt operation--such as car or truck refrigerators--that use a 12-volt
default power cord. (FSI, No. 15 at pp. 4-5)
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\5\ A notation in the form ``FSI, No. 15 at p. 1'' identifies a
written comment: (1) Made by Felix Storch, Inc. (FSI); (2) recorded
in document number 15 that is filed in the docket of the test
procedure rulemaking for miscellaneous refrigeration products
(Docket No. EERE-2013- BT-TP-0029) and available for review at
www.regulations.gov; and (3) which appears on page 1 of document
number 15.
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As described in section III of this document, DOE is not proposing
separate coverage for non-compressor freezers or non-compressor
refrigerators as MREFs. DOE does not agree with FSI's characterization
above. Further, DOE is unaware of any non-compressor products capable
of maintaining refrigerator or freezer compartment temperatures as
proposed in this document (i.e., the compartment temperatures
determined during operation in a 90[emsp14][deg]F ambient temperature
as measured by appendix A). DOE expects that the products FSI
identified as capable of freezing ice cubes do so either during
operation at lower ambient temperatures or in a localized portion of
the refrigerated compartment while the overall average compartment
temperature would be higher than the range required to be considered a
refrigerator. If true, DOE expects these products to fall under the
cooler definition as proposed in this document instead of the
refrigerator or freezer definitions because those products would need
to be capable of achieving the compartment temperatures as measured by
appendix A.
Rather, all non-compressor products would be considered coolers
under the proposed definitions in this document. Further, DOE is
proposing that the cooler definition include the Working Group's
recommended requirement that coolers operate on single-phase,
alternating current, which would exclude products designed for direct
current power supplies, such as those mobile products equipped with a
12-
[[Page 11459]]
volt power cord. DOE also notes that non-compressor refrigeration
products would not be subject to the current energy conservation
standards in place for refrigerators, refrigerator-freezers, or
freezers because the coverage of those products applies to products
equipped with a compressor and condenser-based refrigeration system.
In addition, FSI argued that absorption refrigerators should not be
regulated. In its view, regulating these products may make them too
expensive for hotels to afford them and leave them with no viable
option. FSI also argued that the absorption refrigeration product
market is so small that DOE should conduct an additional DOE survey to
determine if these products have a market large enough to warrant
regulation. (FSI, No. 15 at p. 5) Because DOE is no longer proposing a
separate definition for non-compressor refrigerators, absorption
refrigerators would not be separately regulated as non-compressor
refrigerators under the proposed MREF coverage. However, they likely
would fall under the proposed cooler definition, and, if so, would be
subject to any future energy conservation standards established for
coolers.
In addition to the cooler definition recommended in Term Sheet #1,
the MREF Working Group recommended that DOE establish definitions
within the cooler product category based on total refrigerated volume
and installation type. The Working Group recommended a ``compact''
designation for products with total refrigerated volumes of less than
7.75 cubic feet. The Working Group also recommended that DOE
differentiate ``built-in'' from ``freestanding products'' by using
definitions based on those already in place for built-in refrigerators,
refrigerator-freezers, and freezers. See Term Sheet #1.
Consistent with these recommendations, DOE is proposing definitions
within the cooler definition based on refrigerated volume and
configuration, consistent with the same requirements and definitions
currently in place for refrigerators, refrigerator-freezers, and
freezers.
B. Combination Cooler Refrigeration Products
In the Test Procedure NOPR, DOE proposed that the term ``hybrid
refrigeration product'' would refer to products equipped with a warm-
temperature compartment (e.g., a wine chiller), making up at least 50
percent of a product's volume, combined with a fresh food and/or
freezer compartment. 79 FR 74894, 74903-74904 (Dec. 16, 2014).
The MREF Working Group discussed the proposed definition and
recommended that DOE revise the term from ``hybrid refrigeration
product'' to ``combination cooler refrigeration product,'' noting that
this term more clearly describes the product category. The Working
Group also recommended that DOE refer to the warmer compartment within
combination cooler refrigeration products as a ``cooler compartment,''
defined by the same temperature ranges as recommended for coolers
described in section V.A of this document. The MREF Working Group
recommended that DOE remove its proposed approach, which followed DOE's
guidance that cooler compartments must make up at least 50 percent of a
combination cooler refrigeration product's total volume. The Working
Group noted that all products with cooler compartments would likely be
used in the same way, and that the 50-percent threshold was an
arbitrary cutoff. The Working Group further recommended that DOE
exclude products designed for use without doors from the combination
cooler refrigeration product definitions for the same reasons discussed
for coolers (i.e., differentiating between commercial equipment and
consumer products). See Term Sheet #1.
DOE agrees with the MREF Working Group recommendations and the
Working Group's reasoning behind each of them and is proposing to
incorporate the suggested changes into the combination cooler
refrigeration product definitions.
In response to the Test Procedure NOPR, FSI commented on the
proposed definition of a hybrid product, stating that for compact
units, if there is no freezer or ice cube section, then the entire
product should be treated as a wine cellar. (FSI, No. 15 at p. 3) DOE
notes that a product with a single compartment that is not a freezer
would be classified as either a cooler or refrigerator, depending on
what compartment temperatures the product maintains, rather than a
combination cooler refrigeration product based on the definitions
proposed in this document.
In addition to the general combination cooler refrigeration product
requirements, the MREF Working Group recommended that DOE define four
product categories of combination cooler refrigeration products,
including: ``cooler-refrigerator,'' ``cooler-refrigerator-freezer,''
and ``cooler-freezer.'' The Working Group recommended definitions for
these products that are consistent with the non-combination cooler
product definitions (e.g., refrigerator, refrigerator-freezer, etc.)
with the additional requirement that they include multiple
compartments, at least one of which is a cooler compartment. The
Working Group also recommended that the combination cooler
refrigeration product definitions not exclude non-compressor products.
See Term Sheet #1.
DOE agrees with the recommendations made by the MREF Working Group,
since the four product categories offer specific and unique consumer
utility. In contrast, in DOE's view, refrigeration technology
(compressor-based or non-compressor) alone does not appear to offer any
special utility to consumers that would affect their interaction with
the product when using it for its intended purpose (e.g., cool storage
of beverages). Therefore, DOE is proposing definitions for
``combination cooler refrigeration product,'' ``cooler-refrigerator,''
``cooler-refrigerator-freezer,'' and ``cooler-freezer'' consistent with
the definitions recommended in the Working Group's term sheet. Although
DOE is not currently aware of any non-compressor combination cooler
refrigeration products currently available on the market, DOE is
proposing that non-compressor products would be covered under the
combination cooler refrigeration product definitions to ensure that if
any become available on the market in the future, they would be
considered covered products, consistent with the Working Group's
recommendation.
In this document, DOE also refers to the term ``cooler
compartment.'' DOE intends to define this term as part of the separate
MREF test procedure rulemaking.
C. Refrigerators, Refrigerator Freezers, and Freezers
As discussed in the Test Procedure NOPR, DOE proposed amendments to
the refrigerator, refrigerator-freezer, and freezer product definitions
to create a consistent structure with the proposed MREF definitions and
to improve the clarity of the distinctions among the different
definitions. 79 FR 74894, 74899-74901 (Dec. 16, 2014). DOE did not
propose to redefine the scope of coverage for refrigerators,
refrigerator-freezers, and freezers, or to amend the definitions in a
manner that would affect how a currently covered product would be
classified (other than for coverage of combination cooler refrigeration
products as MREFs). The proposed amendments to the definitions
[[Page 11460]]
for these products would establish consistency with the proposed MREF
definitions and were intended to improve the definitions' clarity and
ensure no potential overlap between the definitions of these products
and MREFs.
In response to the Test Procedure NOPR, FSI commented that it would
remove confusion to categorize all-refrigerators with absolutely no
freezer compartments as cooled cabinets. (FSI, No. 15 at pp. 2-3) Based
on the proposed definitions for coolers discussed in section V.A of
this notice, and the proposed definition of refrigerator described
below, DOE notes that a product without a freezer compartment would be
classified as either a cooler or refrigerator based on its compartment
operating temperature. Because refrigerators and coolers offer
different product utilities (i.e., different storage temperatures) that
affect energy consumption, DOE believes separate product definitions
and coverage are appropriate.
FSI also commented that the definition for a refrigerator should be
changed to ``all-refrigerator'' to specify that the product has no
freezer compartment and the definition for refrigerator-freezer should
be ``any cabinet that has a separate compartment for fresh food (39
[deg]F or colder) and frozen food or ice, whether or not there is a
single door or multiple doors.'' (FSI, No. 15 at pp.4-5) As described
earlier in this section, the proposed amendments to the refrigerator,
refrigerator-freezer, and freezer definitions were not intended to
change the scope of coverage for those products, other than for
combination cooler refrigeration products, but were intended to improve
clarity. The recommended amendment would have the potential to change
the classification of certain other products currently covered as
refrigerators.
The MREF Working Group generally agreed with the revisions proposed
in the Test Procedure NOPR, but recommended that compartment
temperatures be determined during operation in a 90 [deg]F ambient
instead of 72 [deg]F, as discussed for coolers in section V.A of this
notice. The Working Group also recommended that DOE remove the proposed
exclusion for products certified to American National Standards
Institute (ANSI)/NSF International (NSF) 7-2009 International Standard
for Food Equipment--Commercial Refrigerators and Freezers or ANSI/UL
LLC (UL) 471-2006 Standard for Commercial Refrigerators and Freezers,
noting that these certifications do not necessarily provide a clear
distinction between consumer and commercial products. See Term Sheet
#1.
After further examining this issue, DOE is proposing the following
changes to the existing definitions for refrigerator, refrigerator-
freezer, and freezer.
First, DOE is proposing to revise the current definitions for
``refrigerator'' and ``refrigerator-freezer'' and to eliminate the
redundant terms ``electric refrigerator'' and ``electric refrigerator-
freezer'' from 10 CFR 430.2.
Second, DOE is proposing to remove the phrase, ``designed to be
capable of achieving [the specified temperature],'' with ``capable of
maintaining compartment temperatures at [the specified temperature],''
and that this temperature condition would be based on operation in a 90
[deg]F ambient temperature. As described in the Test Procedure NOPR,
this change would help ensure that product classification would be
definitively determined through testing and would rely on the product's
actual capability to serve its intended purpose rather than relying on
the design intent of the manufacturer.
Third, DOE is proposing to remove the current reference to the
``storage of food'' and ``freezing and storage of food'' from the
product definitions to ensure accurate product classification and more
effective enforcement of energy conservation standards. Similarly, and
consistent with the proposed change described in the previous
paragraph, DOE is proposing to amend the references to freezer
compartments within the refrigerator and refrigerator-freezer
definitions. The current definitions describe a freezer compartment as
a compartment designed for the freezing and storage of food at
temperatures below 8 [deg]F which may be adjusted by the user to a
temperature of 0 [deg]F or below. DOE is proposing to amend the
definitions to refer only to a compartment capable of maintaining
compartment temperatures of 0 [deg]F or below to limit any ambiguity
regarding what would be considered a freezer compartment. DOE notes
that the MREF Working Group's definitions recommended in Term Sheet #1
included the reference to 8 [deg]F; however, DOE expects that its
proposal to eliminate this reference is consistent with the Working
Group's intent for the product definitions.
Fourth, DOE is proposing to treat products designed to be used
without doors, and/or that do not include a compressor and condenser
unit as an integral part of the cabinet assembly, as commercial
equipment and, therefore, would be excluded from these product
definitions. As discussed in section V.A of this notice for coolers,
the exclusion for products designed to be used without doors is
intended to differentiate between consumer products and commercial
equipment (i.e., products designed to be used without doors would be
commercial). DOE's proposed approach would clarify that products
without a compressor and condenser unit would be excluded from the
refrigerator, refrigerator-freezer, and freezer definitions because
this exclusion is included in the EPCA provisions that establish
coverage for these products. (42 U.S.C. 6292(a)(1))
Finally, DOE notes that the definition for refrigerator-freezer
requires that at least one compartment has attributes consistent with a
fresh food compartment and that at least one compartment has attributes
consistent with a freezer compartment. DOE is proposing to clarify that
the same compartment could not satisfy both of these requirements in a
refrigerator-freezer.
Similar to the intent of the Test Procedure NOPR, with the
exception of those products that would be covered as combination cooler
refrigeration products under this proposal, DOE is not proposing to
redefine the scope of coverage for refrigerators, refrigerator-
freezers, and freezers, or to amend the definitions in a manner that
would affect how a currently covered product would be classified. The
proposed amendments to the definitions for these products would
establish a similar structure with the proposed MREF definitions. The
proposed definitions are intended to improve clarity and ensure no
potential overlap between the definitions of refrigerators,
refrigerator-freezers, and freezers, and MREFs.
D. General Terms for the Groups of Products Addressed in This Document
In the Test Procedure NOPR, DOE proposed to define ``miscellaneous
refrigeration product'' as a consumer refrigeration product other than
a refrigerator, refrigerator-freezer, or freezer, which includes hybrid
refrigeration products, cooled cabinets, non-compressor refrigerators,
and ice makers. DOE also proposed to define ``consumer refrigeration
product'' as a refrigerator, refrigerator-freezer, freezer, or
miscellaneous refrigeration product. 79 FR 74894, 74904 (Dec. 16,
2014).
FSI stated that DOE could easily clarify a consumer refrigeration
product based on the norms it can easily verify, such as the fact 90
percent of the refrigerator-freezers sold in the U.S. have a volume of
14 cubic feet or more, with the remainder mostly made up of dormitory
(5 percent) or apartment (4
[[Page 11461]]
percent) sizes. It stated that a simple definition would allow DOE to
cover 98 to 99 percent of the market and allow special markets to have
suitable products. (FSI, No. 15 at p. 1)
DOE notes that its definitions are intended to provide clear
differentiation while avoiding subjective determinations for what would
be covered. Although the product types mentioned in the FSI comment
make up most of the consumer refrigeration market, there are no
established definitions for each subset of products that would fall
under the proposed consumer refrigeration product definition, leaving
DOE in the position of developing more specific definitions. DOE has
already established detailed definitions to address refrigerators,
refrigerator-freezers, and freezers, and is proposing additional
definitions for coolers and combination cooler refrigeration products.
DOE is proposing to refer to these products collectively as consumer
refrigeration products.
The MREF Working Group recommended that DOE maintain the
definitions for miscellaneous refrigeration product and consumer
refrigeration product, but to update them to reflect the more current
product terminology and to remove references to non-compressor
refrigerators and ice makers. See Term Sheet #1.
DOE is proposing to define the terms ``miscellaneous refrigeration
product'' and ``consumer refrigeration product'' consistent with the
recommended updates from the MREF Working Group. In DOE's view, these
proposed changes will better reflect the recommended approach detailed
in the Working Group's recommendations to help ensure their clarity
with respect to the other proposed definitions discussed in this
document.
VI. Procedural Issues and Regulatory Review
DOE has reviewed its supplemental proposed determination of
coverage for MREFs under the following executive orders and acts.
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that
coverage determination rulemakings do not constitute ``significant
regulatory actions'' under section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Additionally, the definitions proposed in this document would clarify
the definitions of certain specific products already regulated by DOE
and those products that are under consideration for potential
regulatory coverage. No new requirements would result from the
proposals contained in this document. Accordingly, this proposed action
was not subject to review under the Executive Order by the Office of
Information and Regulatory Affairs (OIRA) in the OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of a regulatory flexibility analysis for any rule
that, by law, must be proposed 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 effects. Also, as
required by E.O. 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking'' 67 FR 53461 (Aug. 16, 2002), DOE published
procedures and policies on February 19, 2003 to ensure that the
potential impact of its rules on small entities are properly considered
during the DOE rulemaking process. 68 FR 7990 (Feb. 19, 2003). DOE
makes its procedures and policies available on the Office of the
General Counsel's Web site at http://energy.gov/gc/office-general-counsel.
DOE reviewed this proposed determination and proposal under the
provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. If adopted, this proposed
determination and proposal would set no standards; it would only
positively determine that future standards may be warranted and should
be explored in an energy conservation standards and test procedure
rulemaking. Economic impacts on small entities would be considered in
the context of such rulemakings. On the basis of the foregoing, DOE
certifies that the proposed determination, if adopted, has no
significant economic impact on a substantial number of small entities.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this proposed determination and proposal. DOE will transmit this
certification and supporting statement of factual basis to the Chief
Counsel for Advocacy of the Small Business Administration for review
under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
This proposed determination that MREFs meet the criteria for a
covered product for which the Secretary may prescribe an energy
conservation standard, pursuant to 42 U.S.C. 6295(o) and (p), imposes
no new information or record-keeping requirements. Neither would any
aspect of the proposal impose such requirements. Accordingly, OMB
clearance is not required under the Paperwork Reduction Act. (44 U.S.C.
3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
In this notice, DOE proposes to positively determine that MREFs (as
proposed to be defined in this document) meet the criteria for
classification as covered products and that future energy conservation
standards may be warranted to regulate their energy usage. Should DOE
pursue that option, the relevant environmental impacts would be
explored as part of that rulemaking. As a result, DOE has determined
that this proposed action falls into a class of actions that are
categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, this proposed action
would establish a class of products (MREFs) for which energy
conservation standards would be appropriate. However, this proposed
action would not establish energy conservation standards, and,
therefore, would not result in any environmental impacts. Thus, this
action is covered by Categorical Exclusion A6 ``Procedural
rulemakings'' under 10 CFR part 1021, subpart D. Accordingly, neither
an environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order (E.O.) 13132, ``Federalism'' 64 FR 43255 (Aug. 10,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to assess carefully the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in developing
[[Page 11462]]
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process that it will follow in
developing such regulations. 65 FR 13735 (Mar. 14, 2000). DOE has
examined this proposed determination and proposal. On the basis of this
examination, DOE concludes that the action proposed in this document
would not preempt State law or have substantial direct effects on the
States, on the relationship between the Federal government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
product that is the subject of this proposed determination and
proposal. States can petition DOE for exemption from such preemption to
the extent permitted, and based on criteria, set forth in EPCA. (42
U.S.C. 6297) No further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies
the duty to: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of E.O. 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation specifies the following: (1) The
preemptive effect, if any; (2) any effect on existing Federal law or
regulation; (3) a clear legal standard for affected conduct while
promoting simplification and burden reduction; (4) the retroactive
effect, if any; (5) definitions of key terms; and (6) other important
issues affecting clarity and general draftsmanship under any guidelines
issued by the Attorney General. Section 3(c) of E.O. 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether these
standards are met, or whether it is unreasonable to meet one or more of
them. DOE completed the required review and determined that, to the
extent permitted by law, this proposed determination and proposal meet
the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, codified at 2 U.S.C. 1501 et seq.) requires each Federal
agency to assess the effects of Federal regulatory actions on State,
local, and tribal governments and the private sector. For regulatory
actions likely to result in a rule that may cause expenditures by
State, local, and Tribal governments, in the aggregate, or by the
private sector of $100 million or more in any 1 year (adjusted annually
for inflation), section 202 of UMRA requires a Federal agency to
publish a written statement that estimates the resulting costs,
benefits, and other effects on the national economy. (2 U.S.C. 1532(a)
and (b)) UMRA requires a Federal agency to develop an effective process
to permit timely input by elected officers of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate.''
UMRA also requires an agency plan for giving notice and opportunity for
timely input to small governments that may be potentially affected
before establishing any requirement that might significantly or
uniquely affect them. On March 18, 1997, DOE published a statement of
policy on its process for intergovernmental consultation under UMRA. 62
FR 12820 (Mar. 18, 1997). (This policy also is available at http://energy.gov/gc/office-general-counsel). DOE reviewed this proposed
determination pursuant to these existing authorities and its policy
statement and determined that the proposed determination and proposal
contain neither an intergovernmental mandate nor a mandate that may
result in the expenditure of $100 million or more in any year, so the
UMRA requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This proposed determination and proposal would not have any
impact on the autonomy or integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (Mar. 15,
1988), DOE determined that this proposed determination and proposal
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act
of 2001
The Treasury and General Government Appropriation Act of 2001 (44
U.S.C. 3516, note) requires agencies to review most disseminations of
information they make to the public under guidelines established by
each agency pursuant to general guidelines issued by the OMB. The OMB's
guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's
guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed determination and proposal under the OMB and DOE
guidelines and has concluded that they are consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OMB a
Statement of Energy Effects for any proposed significant energy action.
A ``significant energy action'' is defined as any action by an agency
that promulgates a final rule or is expected to lead to promulgation of
a final rule, and that: (1) Is a significant regulatory action under
E.O. 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of the Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action. For any proposed significant energy action, the agency must
give a detailed statement of any adverse effects on energy supply,
distribution, or use if the proposal is implemented, and of reasonable
alternatives to the proposed action and their expected benefits on
energy supply, distribution, and use.
DOE has concluded that this regulatory action proposing to
establish or amend certain definitions and to determine that MREFs meet
the criteria for a covered product for which the Secretary may
prescribe an energy conservation standard pursuant to 42 U.S.C. 6295(o)
and (p) would not have a significant adverse effect on the supply,
distribution, or use of energy. This action is also not a significant
regulatory action for purposes of E.O.
[[Page 11463]]
12866, and the OIRA Administrator has not designated this determination
as a significant energy action under E.O. 12866 or any successor order.
Therefore, this proposed determination and proposal do not comprise a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under the Information Quality Bulletin for Peer Review
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (OSTP), issued its Final Information
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14,
2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. DOE has determined that the
analyses conducted for the regulatory action discussed in this document
do not constitute ``influential scientific information,'' which the
Bulletin defines as ``scientific information the agency reasonably can
determine will have or does have a clear and substantial impact on
important public policies or private sector decisions.'' 70 FR 2667
(Jan. 14, 2005). The analyses were subject to pre-dissemination review
prior to issuance of this rulemaking.
DOE will determine the appropriate level of review that would apply
to any future rulemaking to establish energy conservation standards for
MREFs.
VII. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice of proposed determination no later than the date provided at the
beginning of this notice. After the close of the comment period, DOE
will review the comments received and determine whether miscellaneous
refrigeration products are covered products under EPCA.
Comments, data, and information submitted to DOE's email address
for this proposed determination should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Submissions should
avoid the use of special characters or any form of encryption, and
wherever possible comments should include the electronic signature of
the author. No telefacsimiles (faxes) will be accepted.
According to 10 CFR part 1004.11, any person submitting information
that he or she believes to be confidential and exempt by law from
public disclosure should submit two copies: One copy of the document
should have all the information believed to be confidential deleted.
DOE will make its own determination as to the confidential status of
the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known or available from public sources; (4) whether the
information has previously been made available to others without
obligations concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting persons which would result from
public disclosure; (6) a date after which such information might no
longer be considered confidential; and (7) why disclosure of the
information would be contrary to the public interest.
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments
from interested parties on the following issues related to the proposed
determination for MREFs detailed in this document:
(1) The proposed scope of coverage for MREFs;
(2) The proposed definitions for MREFs and the various individual
product categories;
(3) The calculations and accompanying values for household and
national energy consumption of the products that would be covered on
which DOE is relying in determining coverage; and
(4) The availability or lack of availability of technologies for
improving the energy efficiency of MREFs as DOE is proposing to define
them.
The Department is interested in receiving views concerning other
relevant issues that participants believe would affect DOE's ability to
establish test procedures and energy conservation standards for
miscellaneous refrigeration products. The Department invites all
interested parties to submit in writing by April 4, 2016, comments and
information on matters addressed in this notice and on other matters
relevant to consideration of a determination for miscellaneous
refrigeration products.
After the expiration of the period for submitting written
statements, the Department will consider all comments and additional
information that is obtained from interested parties or through further
analyses, and it will prepare a final determination. If DOE determines
that MREFs qualify as covered products, DOE will consider the
development of a test procedure and energy conservation standards for
MREFs. In this regard, DOE notes that it has already proposed a test
procedure that would address these products and completed a substantial
amount of work related to potential energy conservation standards for
them. Members of the public will be given an opportunity to submit
written and oral comments on any proposed test procedure and standards.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on February 26, 2016.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend part
430 of chapter II of title 10, Code of Federal Regulations as set forth
below:
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. 430.2 by:
0
a. Adding, in alphabetical order, definitions for ``built-in compact
cooler,'' ``built-in cooler,'' ``combination cooler refrigeration
product,'' ``consumer refrigeration product,'' ``cooler,'' ``cooler-
freezer,'' ``cooler-refrigerator,'' ``cooler-refrigerator-freezer,''
``freestanding compact cooler,'' ``freestanding cooler,'' and
``miscellaneous refrigeration product'';
0
b. Revising the definitions for ``freezer,'' ``refrigerator,'' and
``refrigerator-freezer''; and
0
c. Removing the definitions for ``electric refrigerator'' and
``electric refrigerator-freezer.''
The additions and revisions read as follows:
Sec. 430.2 Definitions.
* * * * *
[[Page 11464]]
Built-in compact cooler means any cooler with a total refrigerated
volume less than 7.75 cubic feet and no more than 24 inches in depth,
excluding doors, handles, and custom front panels, that is designed,
intended, and marketed exclusively to be:
(1) Installed totally encased by cabinetry or panels that are
attached during installation;
(2) Securely fastened to adjacent cabinetry, walls or floor,
(3) Equipped with unfinished sides that are not visible after
installation, and
(4) Equipped with an integral factory-finished face or built to
accept a custom front panel.
Built-in cooler means any cooler with a total refrigerated volume
of 7.75 cubic feet or greater and no more than 24 inches in depth,
excluding doors, handles, and custom front panels; that is designed,
intended, and marketed exclusively to be:
(1) Installed totally encased by cabinetry or panels that are
attached during installation;
(2) Securely fastened to adjacent cabinetry, walls or floor;
(3) Equipped with unfinished sides that are not visible after
installation; and
(4) Equipped with an integral factory-finished face or built to
accept a custom front panel.
* * * * *
Combination cooler refrigeration product means any cooler-
refrigerator, cooler-refrigerator-freezer, or cooler-freezer.
* * * * *
Consumer refrigeration product means a refrigerator, refrigerator-
freezer, freezer, or miscellaneous refrigeration product.
* * * * *
Cooler means a cabinet, used with one or more doors, that has a
source of refrigeration capable of operating on single-phase,
alternating current and is capable of maintaining compartment
temperatures either:
(1) No lower than 39 [deg]F (3.9 [deg]C), or
(2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C)
but at least as high as 60 [deg]F (15.6 [deg]C) as determined according
to the applicable provisions in Sec. 429.61(d)(2) [proposed at 79 FR
74894 (December 16, 2014)].
Cooler-freezer is a cabinet, used with one or more doors, that has
a source of refrigeration that requires single-phase, alternating
current electric energy input only, and consists of two or more
compartments, including at least one cooler compartment as defined in
appendix A of subpart B of this part, where the remaining
compartment(s) are capable of maintaining compartment temperatures at 0
[deg]F (-17.8 [deg]C) or below as determined according to the
provisions in Sec. 429.61(d)(2) [proposed at 79 FR 74894 (December 16,
2014)].
Cooler-refrigerator is a cabinet, used with one or more doors, that
has a source of refrigeration that requires single-phase, alternating
current electric energy input only, and consists of two or more
compartments, including at least one cooler compartment as defined in
appendix A of subpart B of this part, where:
(1) At least one of the remaining compartments is capable of
maintaining compartment temperatures above 32 [deg]F (0 [deg]C) and
below 39 [deg]F (3.9 [deg]C) as determined according to Sec.
429.61(d)(2) [proposed at 79 FR 74894 (December 16, 2014)];
(2) The cabinet may also include a compartment capable of
maintaining compartment temperatures below 32 [deg]F (0 [deg]C) as
determined according to Sec. 429.61(d)(2) [proposed at 79 FR 74894
(December 16, 2014)]; but
(3) The cabinet does not provide a separate low temperature
compartment capable of maintaining compartment temperatures below 0
[deg]F (-13.3 [deg]C) as determined according to Sec. 429.61(d)(2)
[proposed at 79 FR 74894 (December 16, 2014)].
Cooler-refrigerator-freezer is a cabinet, used with one or more
doors, that has a source of refrigeration that requires single-phase,
alternating current electric energy input only, and consists of three
or more compartments, including at least one cooler compartment as
defined in appendix A of subpart B of this part, where:
(1) At least one of the remaining compartments is capable of
maintaining compartment temperatures above 32 [deg]F (0 [deg]C) and
below 39 [deg]F (3.9 [deg]C) as determined according Sec. 429.61(d)(2)
[proposed at 79 FR 74894 (December 16, 2014)], and
(2) At least one other compartment is capable of maintaining
compartment temperatures of 0 [deg]F (-17.8 [deg]C) or below as
determined according to Sec. 429.61(d)(2) [proposed at 79 FR 74894
(December 16, 2014)].
* * * * *
Freestanding compact cooler means any cooler, excluding built-in
compact coolers, with a total refrigerated volume less than 7.75 cubic
feet.
Freestanding cooler means any cooler, excluding built-in coolers,
with a total refrigerated volume of 7.75 cubic feet or greater.
Freezer means a cabinet, used with one or more doors, that has a
source of refrigeration that requires single-phase, alternating current
electric energy input only and is capable of maintaining compartment
temperatures of 0 [deg]F (-17.8 [deg]C) or below as determined
according to the provisions in Sec. 429.14(d)(2) [proposed at 79 FR
74894 (December 16, 2014)]. It does not include any refrigerated
cabinet that consists solely of an automatic ice maker and an ice
storage bin arranged so that operation of the automatic icemaker fills
the bin to its capacity. However, the term does not include any product
that does not include a compressor and condenser unit as an integral
part of the cabinet assembly.
* * * * *
Miscellaneous refrigeration product means a consumer refrigeration
product other than a refrigerator, refrigerator-freezer, or freezer,
which includes coolers and combination cooler refrigeration products.
* * * * *
Refrigerator means a cabinet, used with one or more doors, that has
a source of refrigeration that requires single-phase, alternating
current electric energy input only and is capable of maintaining
compartment temperatures above 32 [deg]F (0 [deg]C) and below 39 [deg]F
(3.9 [deg]C) as determined according to Sec. 429.14(d)(2) [proposed at
79 FR 74894 (December 16, 2014)]. A refrigerator may include a
compartment capable of maintaining compartment temperatures below 32
[deg]F (0 [deg]C), but does not provide a separate low temperature
compartment capable of maintaining compartment temperatures below 0
[deg]F (-13.3 [deg]C) as determined according to Sec. 429.14(d)(2)
[proposed at 79 FR 74894 (December 16, 2014)]. However, the term does
not include any product that does not include a compressor and
condenser unit as an integral part of the cabinet assembly.
Refrigerator-freezer means a cabinet, used with one or more doors,
that has a source of refrigeration that requires single-phase,
alternating current electric energy input only and consists of two or
more compartments where at least one of the compartments is capable of
maintaining compartment temperatures above 32 [deg]F (0 [deg]C) and
below 39 [deg]F (3.9 [deg]C) as determined according to Sec.
429.14(d)(2) [proposed at 79 FR 74894 (December 16, 2014)], and at
least one other compartment is capable of maintaining compartment
temperatures of 0 [deg]F (-17.8 [deg]C) or below as determined
according to Sec. 429.14(d)(2) [proposed at 79 FR 74894 (December 16,
2014)]. However, the term does not include any cabinet that does not
include a compressor and condenser
[[Page 11465]]
unit as an integral part of the cabinet assembly.
* * * * *
[FR Doc. 2016-04874 Filed 3-3-16; 8:45 am]
BILLING CODE 6450-01-P