[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
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 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