[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]


 ========================================================================
 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.
 
 ========================================================================
 

  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.

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

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\
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Product type
                                                        Units            ----------------------------------------------------------------    Totals or
                                                                           Compact FS *    Compact BI *        FS *            BI *          averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Product type *
                                                        Units            ----------------------------------------------------------------    Totals or
                                                                              C3A-BI           C9-BI           C13A           C13A-BI        averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
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%
--------------------------------------------------------------------------------------------------------------------------------------------------------
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)
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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