[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Proposed Rules]
[Pages 78964-78967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26969]
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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. 85, No. 236 / Tuesday, December 8, 2020 /
Proposed Rules
[[Page 78964]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2020-BT-STD-0039]
RIN 1904-AF00
Energy Conservation Program: Energy Conservation Standards for
Consumer Products; Early Assessment Review; Miscellaneous Refrigeration
Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review for amended energy conservation standards for
miscellaneous refrigeration products to determine whether to amend the
applicable energy conservation standards for this product.
Specifically, through this request for information (``RFI''), DOE seeks
data and information that could enable the agency to determine whether
DOE should propose a ``no-new-standard'' determination because a more-
stringent standard: Would not result in a significant savings of
energy; is not technologically feasible; is not economically justified;
or any combination of the foregoing. DOE welcomes written comments from
the public on any subject within the scope of this document (including
those topics not specifically raised in this RFI), as well as the
submission of data and other relevant information concerning this early
assessment review.
DATES: Written comments and information are requested and will be
accepted on or before February 22, 2021.
ADDRESSES: 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-2020-BT-
STD-0039, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include docket number EERE-
2020-BT-STD-0039 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(CD), in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at: http://www.regulations.gov/docket?D=EERE-2020-BT-STD-0039 The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, 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) 287-1943. Email:
[email protected].
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 submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information
III. Submission of Comments
I. Introduction
The U.S. Department of Energy (``DOE'' or ``the Department'')
established an early assessment review process to conduct a more
focused analysis of a specific set of facts or circumstances that would
allow DOE to determine that, based on one or more statutory criteria, a
new or amended energy conservation standard is not warranted. The
purpose of this review is to limit the resources, from both DOE and
stakeholders, committed to rulemakings that will not satisfy the
requirements in the Energy Policy and Conservation Act, as amended
(``EPCA''),\1\ that a new or amended energy conservation standard save
a significant amount of energy, and be economically justified and
technologically feasible. See 85 FR 8626, 8653-8654 (Feb. 14, 2020).
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
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As part of the early assessment, DOE publishes an RFI in the
Federal Register, announcing that DOE is considering initiating a
rulemaking proceeding and soliciting comments, data, and information on
whether a new or amended energy conservation standard would save a
significant amount of energy and be technologically feasible and
economically justified. Based on the information received in response
to the RFI and DOE's own analysis, DOE will determine whether to
[[Page 78965]]
proceed with a rulemaking for a new or amended energy conservation
standard.
If DOE makes an initial determination based upon available evidence
that a new or amended energy conservation standard would not meet the
applicable statutory criteria, DOE would engage in notice and comment
rulemaking before issuing a final determination that new or amended
energy conservation standards are not warranted. Conversely, if DOE
makes an initial determination that a new or amended energy
conservation standard would satisfy the applicable statutory criteria
or DOE's analysis is inconclusive, DOE would undertake the preliminary
stages of a rulemaking to issue a new or amended energy conservation
standard. Beginning such a rulemaking, however, would not preclude DOE
from later making a determination that a new or amended energy
conservation standard cannot satisfy the requirements under EPCA based
upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb. 14,
2020).
A. Authority
EPCA, among other things, authorizes DOE to regulate the energy
efficiency of a number of consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of EPCA
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which, in addition to identifying particular consumer
products and commercial equipment as covered under the statute, permits
the Secretary of Energy to classify additional types of consumer
products as covered products. (42 U.S.C. 6292(a)(20)) DOE added
miscellaneous refrigeration products (``MREFs'') as covered products
through a final determination of coverage published in the Federal
Register on July 18, 2016 (the ``July 2016 Final Coverage
Determination''). 81 FR 46768. MREFs are consumer refrigeration
products other than refrigerators, refrigerator-freezers, or freezers,
which include coolers and combination cooler refrigeration products. 10
CFR 430.2. MREFs include refrigeration products such as coolers (e.g.,
wine chillers) and combination cooler refrigeration products (e.g.,
wine chillers combined with a refrigerator, freezer, or refrigerator-
freezer).
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C.
6294), energy conservation standards (42 U.S.C. 6295), and the
authority to require information and reports from manufacturers (42
U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption in limited instances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under 42 U.S.C. 6297(d).
EPCA also requires that, not later than 6 years after the issuance
of any final rule establishing or amending a standard, DOE evaluate the
energy conservation standards for each type of covered product,
including those at issue here, and publish either a notice of
determination that the standards do not need to be amended, or a notice
of proposed rulemaking (``NOPR'') including new proposed energy
conservation standards (proceeding to a final rule, as appropriate).
(42 U.S.C. 6295(m)(1)) EPCA further provides that, not later than 3
years after the issuance of a final determination not to amend
standards, DOE must publish either a notice of determination that
standards for the product do not need to be amended, or a NOPR
including new proposed energy conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B)) DOE must make
the analysis on which the determination is based publicly available and
provide an opportunity for written comment. (42 U.S.C. 6295(m)(2)) In
making a determination, DOE must evaluate whether more stringent
standards would: (1) Yield a significant savings in energy use and (2)
be both technologically feasible and economically justified. (42 U.S.C.
6295(m)(1))
B. Rulemaking History
As noted, DOE added MREFs as covered products through its July 2016
Final Coverage Determination. 81 FR 46768. In that determination, DOE
noted that MREFs, on average, consume more than 150 kilowatt hours per
year (``kWh/yr'') and that the aggregate annual national energy use of
these products exceeds 4.2 terawatt hours (``TWh''). 81 FR 46768,
46775. In addition to establishing coverage, the July 2016 Final
Coverage Determination established definitions for ``miscellaneous
refrigeration product,'' ``cooler,'' and ``combination cooler
refrigeration product'' in 10 CFR 430.2. 81 FR 46768, 46791-46792. The
July 2016 Final Coverage Determination also amended the existing
definitions for ``refrigerator,'' ``refrigerator-freezer,'' and
``freezer'' for consistency with the newly established MREF
definitions. Id.
On October 28, 2016, DOE published a direct final rule (the
``October 2016 Direct Final Rule'') in which it adopted energy
conservation standards for MREFs consistent with the recommendations
from a negotiated rulemaking working group established under the
Appliance Standards and Rulemaking Federal Advisory Committee. 81 FR
75194. Concurrent with the October 2016 Direct Final Rule, DOE
published a NOPR in which it proposed and requested comments on the
standards set forth in the direct final rule. 81 FR 74950. On May 26,
2017, DOE published a notice in the Federal Register in which it
determined that the comments received in response to the October 2016
Direct Final Rule did not provide a reasonable basis for withdrawing
the rule and, therefore, confirmed the adoption of the energy
conservation standards established in that direct final rule. 82 FR
24214.
II. Request for Information
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its decision, consistent with its
obligations under EPCA, as to whether the Department should proceed
with an energy conservation standards rulemaking. Accordingly, in the
following sections, DOE has identified specific issues on which it
seeks input to aid in its analysis of whether an amended standard for
MREFs would not save a significant amount of energy or be
technologically feasible or economically justified. In particular, DOE
is interested in any information indicating that there has not been
sufficient technological or market changes since DOE last conducted an
energy conservation standards rulemaking analysis for MREFs to suggest
a more-stringent standard could satisfy these criteria. DOE also
welcomes comments on other issues relevant to its early assessment that
may not specifically be identified in this document.
A. Technological Feasibility
During the October 2016 Direct Final Rule, DOE considered a number
of technology options that manufacturers could use to reduce energy
consumption
[[Page 78966]]
in MREFs. See Chapters 3 and 4 of the October 2016 Direct Final Rule
TSD. DOE seeks comment on any changes to these technology options that
could affect whether DOE could propose a ``no-new-standards''
determination, such as an insignificant increase in the range of
efficiencies and performance characteristics of these technology
options. DOE also seeks comment on whether there are any other
technology options that DOE should consider in its analysis.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 1: DOE requests feedback on whether the use of any technology
options considered in the October 2016 Direct Final Rule could impact
the availability of MREF features or consumer utility. DOE additionally
requests information on whether any additional technologies not
considered in the October 2016 Direct Final Rule are now available that
may further improve efficiencies of MREFs, and on whether such
technologies may impact the availability of MREF features or consumer
utility.
Issue 2: DOE also requests comment on whether the range of
efficiencies analyzed in the October 2016 Direct Final Rule is
applicable to the current MREF market. Specifically, DOE seeks feedback
on whether the max-tech efficiency levels remain valid. If any
technology options should no longer be considered for MREFs, or if
additional technologies are now available, DOE requests information on
what max-tech efficiencies would now be appropriate in light of those
changes in available technological options.
B. Significant Savings of Energy
On October 28, 2016, DOE established an energy conservation
standard for MREFs that is expected to result in 0.54 quadrillion
British thermal units (``quads'') of site energy savings over a 30-year
period,\3\ which amounts to energy savings of 58 percent relative to
the energy use of MREFs without the established standards. See 81 FR
75194, 75197 and Chapter 10 of the October 2016 Direct Final Rule
Technical Support Document (``TSD'').\4\ Additionally, in the 2016
Direct Final Rule, DOE estimated that an energy conservation standard
established at an energy use level equivalent to that achieved using
the maximum available technology (``max-tech'') would have resulted in
0.20 additional quads of site energy savings. 81 FR 75194, 75244. This
level represents a 50-percent reduction in energy use compared to the
estimated national energy use at the currently established energy
conservation standard level. If DOE determines that a more-stringent
energy conservation standard would not result in an additional 0.3 quad
of site energy savings or an additional 10-percent reduction in site
energy use over a 30-year period, DOE would propose to make a no-new-
standards determination. DOE seeks comment on energy savings that could
be expected from more-stringent standards for MREFs.
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\3\ This estimate of 0.54 quads reflects site energy savings.
The October 2016 Direct Final Rule presented the 30-year energy
savings estimate as 1.5 quads, reflecting full-fuel-cycle (``FFC'')
energy savings. The FFC measure includes point-of-use (site) energy;
the energy losses associated with generation, transmission, and
distribution of electricity; and the energy consumed in extracting,
processing, and transporting or distributing primary fuels.
\4\ The October 2016 Direct Final Rule TSD is available at
https://www.regulations.gov/document?D=EERE-2011-BT-STD-0043-0118.
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While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 3: DOE requests comment on whether the max-tech level
analysis from the October 2016 Direct Final Rule is applicable to the
current MREF market and on whether the previous estimates of energy
savings at the max-tech level represent the savings that would be
realized were DOE to establish future amended energy conservation
standards at the max-tech level. If not, what level of energy savings
are likely if more-stringent standards (consistent with EPCA's
requirements) were considered or adopted.
C. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards. DOE also seeks comment and
data on any other aspects of its economic justification analysis from
the October 2016 Direct Final Rule that may indicate whether a more-
stringent energy conservation standard would not be economically
justified or cost effective.
Issue 4: DOE seeks information on the October 2016 Direct Final
Rule analysis resulting in the energy savings estimates. Specifically,
DOE requests comment and data on updates to the relevant analysis
inputs, including stock of MREFs, shipments, efficiency distributions,
and market share by product class.
III. Submission of Comments
DOE invites all interested parties to submit in writing by February
22, 2021, comments and information on matters addressed in this
document and on other matters relevant to DOE's early assessment of
whether more-stringent energy conservation standards are not warranted
for MREFs.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
[[Page 78967]]
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to http://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information in a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
One copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on December 3,
2020, by Daniel R Simmons, Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to delegated authority from the
Secretary of Energy. That document with the original signature and date
is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on December 3, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-26969 Filed 12-7-20; 8:45 am]
BILLING CODE 6450-01-P