[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7840-7846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02198]
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DEPARTMENT OF ENERGY
10 CFR Part 429
[EERE-2022-BT-CRT-0021]
RIN 1904-AF42
Energy Conservation Program: Consumer Refrigeration and
Miscellaneous Refrigeration Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: On July 18, 2016, the U.S. Department of Energy (DOE)
published a final rule that amended the test procedure for
refrigerators and refrigerator-freezers and established both coverage
and procedures for testing miscellaneous refrigeration products
(``MREFs''). That final rule also established provisions within DOE's
certification requirements to provide instructions regarding product
category determinations, which were intended to be consistent with the
definitions established for MREFs and refrigerators, refrigerator-
freezers, and freezers. This final rule corrects certain
inconsistencies between the instructions for determining product
categories and the corresponding product definitions to avoid confusion
regarding the application of those definitions.
DATES: The effective date of this rule is March 9, 2023.
ADDRESSES: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, not all documents listed in
the index may be publicly available, such as those containing
information that is exempt from public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-CRT-0021. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
[[Page 7841]]
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, 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. Email:
[email protected].
Mr. Matthew Schneider, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (240)-597-6265. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Background
III. Scope and Definitions
IV. Discussion of Amendments
A. ``Coldest Temperature'' Requirement
B. Products Meeting Multiple Product Category Definitions
C. Compartment Volume Determination
V. 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, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
VI. Approval of the Office of the Secretary
I. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
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 sets forth
a variety of provisions designed to improve energy efficiency. These
products include miscellaneous refrigeration products (``MREFs'') along
with more common consumer refrigeration products (i.e., refrigerators,
refrigerator-freezers, and freezers). These products are the focus of
this final rule, and collectively comprise what DOE refers to as
``consumer refrigeration products'' in this document.
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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In addition to identifying particular consumer products and
commercial equipment as covered under the statute, EPCA permits the
Secretary of Energy to classify additional types of consumer products
as covered products. (42 U.S.C. 6292(a)(20)) EPCA originally included
refrigerators, refrigerator-freezers, and freezers as covered products
at 42 U.S.C. 6292(a)(1) and prescribed initial energy conservation
standards for them at 42 U.S.C. 6295(b), which DOE has since amended
through rulemakings. To address additional types of consumer
refrigeration products, DOE added MREFs as covered products through a
final coverage determination published in the Federal Register on July
18, 2016 (``July 2016 Final Rule''). 81 FR 46768. MREFs are consumer
refrigeration products, other than refrigerators, refrigerator-
freezers, or freezers. 10 CFR 430.2. MREFs include refrigeration
products such as coolers (e.g., wine chillers and other specialty
products) and combination cooler refrigeration products (e.g., wine
chillers and other specialty compartments combined with a refrigerator,
freezer, or refrigerator-freezer).
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically 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).
The testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making other representations about the efficiency of those
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these
test procedures to determine whether the products comply with any
relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))
This final rule is intended to narrowly clarify and correct
inconsistencies in certain product category determination
specifications within the certification provisions for the consumer
refrigeration products that are the subject of this document.
II. Background
In the July 2016 Final Rule DOE amended the test procedure for
refrigerators and refrigerator-freezers and established both coverage
and procedures for testing miscellaneous refrigeration products
(``MREFs''). 81 FR 46768. The July 2016 Final Rule also established
provisions within DOE's certification requirements to provide
instructions regarding product category determinations, which were
intended to be consistent with the definitions established for MREFs
and refrigerators, refrigerator-freezers, and freezers.
On June 13, 2022, DOE published a notice of proposed rulemaking
(``NOPR'') applicable to consumer refrigeration products, proposing
corrections to certain inconsistencies between the instructions for
determining product categories and the corresponding product
definitions to avoid confusion regarding the application of those
definitions (``June 2022 NOPR''). 87 FR 35678. DOE requested comment
from interested parties on the proposal.
DOE received one comment in response to the June 2022 NOPR from the
Association of Home Appliance Manufacturers (``AHAM''). A parenthetical
reference at the end of a comment quotation or paraphrase provides the
location of the item in the public record.\3\
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\3\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
certifications for consumer refrigeration products. (Docket No.
EERE-2022-BT-CRT-0021, which is maintained at www.regulations.gov).
The references are arranged as follows: (commenter name, comment
docket ID number, page of that document).
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III. Scope and Definitions
DOE's regulations generally categorize consumer refrigeration
products into different product categories based on operating
temperatures, among other criteria. In the June 2022 NOPR, DOE
described the various consumer refrigeration products and their
definitions. 87 FR 35678, 35679. The various consumer refrigeration
product categories are refrigerator, freezer, refrigerator-freezer,
cooler, cooler-refrigerator, cooler-freezer, and cooler-refrigerator-
freezer. The latter three of the product categories are considered
combination cooler refrigeration products. The term ``miscellaneous
refrigeration product'' or MREF is defined to mean a consumer
refrigeration product other than a
[[Page 7842]]
refrigerator, refrigerator-freezer, or freezer, which includes coolers
and combination cooler refrigeration products. See generally 10 CFR
430.2.
The amendments in this final rule do not alter any of the
definitions associated with the various consumer refrigeration
products. Rather, as discussed below, this final rule seeks to narrowly
clarify and correct inconsistencies in certain product category
determination specifications within the certification provisions.
IV. Discussion of Amendments
A. ``Coldest Temperature'' Requirement
The July 2016 Final Rule established provisions in 10 CFR 429.14
(for refrigerators, refrigerator-freezers, and freezers) and 10 CFR
429.61 (for MREFs) to provide instructions regarding product category
determinations, intended to be consistent with the definitions
established in 10 CFR 430.2. 81 FR 46768, 46790.
In particular, Sec. 429.61(d)(2) specifies for MREFs that
compartment temperatures used to determine product category shall be
the mean of the measured compartment temperatures at the ``coldest
setting'' for each tested unit of the basic model according to the
provisions of appendix A. This reference to the coldest setting is
necessary to determine whether a compartment is a cooler because the
definition of cooler--by referencing the capability of maintaining
compartment temperatures no lower than 39 [deg]F (3.9 [deg]C) [emphasis
added]--necessarily requires evaluating the coldest setting available
for the subject compartment (i.e., testing the coldest setting is
necessary to determine the lowest temperature that the compartment is
capable of achieving). See 10 CFR 430.2. Accordingly, the measurement
of the compartment temperature for the purpose of defining a
compartment as a ``cooler compartment'' is conducted at ``the coldest
setting.''
In the July 2016 Final Rule, DOE inadvertently applied the
``coldest setting'' wording in 10 CFR 429.14 and 10 CFR 429.61 to other
types of consumer refrigeration products for which the ``coldest
setting'' is not the appropriate setting for determining product
classification. Specifically, for consumer refrigerators, refrigerator-
freezers, freezers, and for compartments in MREF products other than
cooler compartments. In the June 2022 NOPR, DOE provided examples
illustrating how determining product classification for these types of
consumer refrigeration products is based on the capability of a product
to operate within an applicable temperature range and is not specific
to the lowest capable operating temperature (i.e., not specific to the
``coldest setting''). 87 FR 35678, 35680. DOE further noted that the
rulemaking leading to the July 2016 Final Rule emphasized that DOE did
not intend to redefine the scope of coverage for refrigerators,
refrigerator-freezers, or freezers, or to amend those definitions in a
manner that would affect how a covered product at the time would be
classified. 81 FR 46768, 46777 (See also 81 FR 11454, 11459-11460).
In the June 2022 NOPR, DOE tentatively determined that the coldest
setting instructions as currently included in 10 CFR 429.14(d)(2) and
10 CFR 429.61(d)(2) are inconsistent with the definitions established
in the July 2016 Final Rule and therefore proposed to correct this
inconsistency. 87 FR 35678, 35680. To address the issue, DOE proposed
that the instructions for determining compartment classification would
differentiate cooler compartments from other compartments. Id. For
cooler compartments, DOE proposed no change to the current requirements
specified at 10 CFR 429.61(d)(2), since the coldest setting is the
appropriate setting with which to evaluate a cooler compartment. Id.
For compartments other than cooler compartments, DOE proposed to amend
10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to remove the reference to
operation at the coldest setting, and to instead specify that the
compartment temperature settings used to determine product category
would also be used to evaluate the full range of temperatures that the
product can maintain within the compartment, thus allowing for accurate
application of the definitions for these products. Id.
AHAM agreed with DOE that the inclusion of the ``coldest setting''
instruction for compartments other than cooler compartments is an error
and agreed that a correction is necessary. AHAM expressed general
support for DOE's proposal, but suggested that the proposed wording
changes for 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) did not
completely resolve the issue. Specifically, AHAM suggested that while
it was DOE's intent that a technician use the mean of the measured
temperature locations in the compartment during testing, the proposed
language makes no mention of how to take those measurements and
determine a product category. AHAM noted that for refrigerator and
freezer compartments, for example, the unit must be able to achieve
temperatures between a certain range when tested. AHAM asserted that a
technician at a test laboratory reading the proposed change to 10 CFR
429.14(d)(2) could interpret the text to refer to the compartment
temperature at the mean setting, rather than the mean of the measured
temperature locations in the compartment, as intended by DOE's proposed
language. (AHAM, No. 2 at p. 2-3)
AHAM proposed alternate language for 10 CFR 429.14(d)(2) specifying
that compartment temperature used to determine product category is per
the definition in 10 CFR 430.2, and shall be the mean of the measured
compartment temperatures for each tested unit of the basic model when
measured according to section 5.1 of appendix A of subpart B of part
430 for refrigerators and refrigerator-freezers, and section 5.1 of
appendix B of subpart B of part 430 for freezers. Similarly, AHAM
proposed language for 10 CFR 429.61(d)(2), specifying that compartment
temperature used to determine product category is per the definition in
10 CFR 430.2, and shall be the mean of the measured compartment
temperatures at the coldest setting for each tested unit of the basic
model when measured according to section 5.1 of appendix A to subpart B
of part 430. AHAM's proposed language would also specify that for
cooler compartments with temperatures below 39 [deg]F (3.9 [deg]C) but
no lower than 37 [deg]F (2.8 [deg]C), the compartment temperatures used
to determine product category, per the definitions in 10 CFR 430.2,
shall also include the mean of the measured compartment temperatures at
the warmest setting for each tested unit of the basic model when
measured according to section 5.1 of appendix A to subpart B of part
430. (AHAM, No. 2 at p. 3)
AHAM stated that its proposed language reflects DOE's intent to
correct inconsistencies between the instructions for determining
product categories and the corresponding product definitions, while
also providing additional specificity to avoid confusion in testing
situations. AHAM further stated that the proposed edits would establish
a direct connection between 10 CFR 429.14(d)(2), 10 CFR 429.61(d)(2),
and their respective testing provisions of appendices A and B of
subpart B of part 430, and the relevant product category definitions in
10 CFR 430.2. (Id.)
DOE has determined that the edits suggested by AHAM would provide
greater specificity in indicating what settings would be required when
making measurements to determine product category, and what procedures
would be used when making the measurements. To provide even further
[[Page 7843]]
specificity, DOE has determined that the instructions should
additionally refer to the specific test conditions of appendix A and/or
appendix B, as applicable. Hence, DOE is amending the instructions at
10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to explicitly state that
product category determination shall be based on testing under the
conditions specified in appendix A and/or appendix B, as applicable, in
addition to the language suggested by AHAM. DOE notes that the
introductory text in 10 CFR 429.14(d) and 429.61(d) references 10 CFR
430.2 regarding product category definitions, and therefore DOE is not
additionally referencing 10 CFR 430.2 within the amended text of 10 CFR
429.14(d)(2) and 429.61(d)(2) as recommended by AHAM.
Furthermore, DOE notes that AHAM's proposed edits to 10 CFR
429.14(d)(2) suggest that the only temperatures needed for
determination of product category are the temperatures that would be
measured during energy testing of the product. However, in some cases,
determining product classification may require determining the full
range of a compartment's potential temperatures. For example, measuring
the full range of temperatures may be required to determine whether a
fresh food or freezer compartment is convertible.\4\ DOE also notes
that combination cooler refrigeration products are also covered under
10 CFR 429.61(d)(2). Thus, language applicable to fresh food and
freezer compartments must also be included in that section. Hence, DOE
is also amending 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to
emphasize that determination of compartment status may require
determining the full range of compartment temperature.
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\4\ DOE notes that the need to measure the full range of
temperatures is already incorporated into AHAM's suggested language
for cooler compartments with temperatures below 39 [deg]F (3.9
[deg]C) but no lower than 37 [deg]F (2.8 [deg]C).
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Finally, in cases where multiple units of a model are evaluated,
DOE recognizes that for different units of the same model, a
compartment within a given model may have a slightly different
temperature range than for the other units. In such cases, DOE expects
that the mean of the maximum or minimum temperatures of the compartment
across the units in the sample would be considered when determining
compartment status. DOE is adopting clarifying amendments in 10 CFR
429.14(d)(2) and 10 CFR 429.61(d)(2) specifying that if the temperature
ranges for the same compartment of multiple units of a sample are
different, the maximum and minimum compartment temperatures for
compartment status determination shall be based on the mean
measurements for the units in the sample.
B. Products Meeting Multiple Product Category Definitions
In the June 2022 NOPR, DOE proposed to further amend 10 CFR 429.14
and 10 CFR 429.61 to explicitly specify that if a product is capable of
operating with compartment temperatures as specified in multiple
product category definitions (i.e., a ``convertible product''), the
model must be tested and certified to each applicable product category.
87 FR 35678, 35680-81.
DOE received no comments on this proposal. For the reasons
presented in the June 2022 NOPR, DOE is amending 10 CFR 429.14(d) and
10 CFR 429.61(d) to specify that products that may be classified as
both a fresh food compartment and a freezer compartment must be tested
and certified to each applicable product category based on the
operation of the compartment(s) as both fresh food and freezer
compartments.
DOE notes that the definition of a cooler compartment does not
accommodate a compartment being classified as convertible between
cooler status and fresh food status--this applies only for compartments
that are convertible between fresh food and freezer status.
C. Compartment Volume Determination
In this final rule, DOE is adopting editorial and clarifying
amendments to the compartment volume determination instructions in 10
CFR 429.14(d)(1) and 10 CFR 429.61(d)(1) to update and clarify the
instructions, specifically as they relate to products with multiple
compartments. In adopting these amendments, DOE is not modifying the
existing approach, but rather including clarifications to ensure the
compartment volume determination is properly performed for all product
configurations.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This final rule is not a ``significant regulatory action'' under
any of the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule 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. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
This final rule makes amendments to address inconsistencies
introduced in the July 2016 Final Rule. The corrections do not
otherwise affect the scope or substance of the current test procedures
for consumer refrigeration products.
Therefore, DOE concludes that the impacts of the amendments in this
final rule do not have a ``significant economic impact on a substantial
number of small entities,'' and that the preparation of a FRFA is not
warranted. DOE will transmit the 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
Manufacturers of consumer refrigeration products must certify to
DOE that their products comply with any applicable energy conservation
standards. To certify compliance, manufacturers must first obtain test
data for their products according to the DOE test procedures, including
any amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including
consumer refrigeration products. (See generally 10 CFR part 429.) The
[[Page 7844]]
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (``PRA''). This requirement has been approved
by OMB under OMB Control Number 1910-1400. Public reporting burden for
the certification is estimated to average 35 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
DOE is not amending the certification or reporting requirements for
consumer refrigeration products in this final rule.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes amendments to certification-
related provisions for certain consumer refrigeration products. DOE has
determined that this rule 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, DOE has determined that
adopting certification requirements for consumer products and
industrial equipment is consistent with activities identified in 10 CFR
part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 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 carefully assess
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 the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this final rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national 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
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (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 Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one 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), (b)) The UMRA also 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,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will 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
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
[[Page 7845]]
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. 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). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 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 significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 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 OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on January 30,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, U.S. Department of 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 January 30, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends part 429 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 429.14 is amended by revising paragraph (d) to read as
follows:
Sec. 429.14 Consumer refrigerators, refrigerator-freezers and
freezers.
* * * * *
(d) Product category determination. Each basic model shall be
certified according to the appropriate product category as defined in
Sec. 430.2 of this chapter based on compartment volumes and
compartment temperatures. If one or more compartments could be
classified as both a fresh food compartment and a freezer compartment,
the model must be certified to each applicable product category based
on the operation of the compartment(s) as both fresh food and freezer
compartments.
(1) Compartment volume used to determine product category shall be,
for each compartment, the mean of the volumes of that specific
compartment for the sample of tested units of the basic model, measured
according to the provisions in section 4.1 of appendix A of subpart B
of part 430 of this chapter for refrigerators and refrigerator-freezers
and section 4.1 of appendix B of subpart B of part 430 of this chapter
for freezers, or, for each compartment, the volume of that specific
compartment calculated for the basic model in accordance with Sec.
429.72(c).
(2) Determination of the compartment temperature ranges shall be
based on operation under the conditions specified and using measurement
of compartment temperature as specified in appendix A of subpart B of
part 430 of this chapter for refrigerators and refrigerator-freezers
and appendix B of subpart B of part 430 of this chapter for freezers.
The determination of compartment status may require evaluation of a
model at the extremes of the range of user-selectable temperature
control settings. If the temperature ranges for the same compartment of
multiple units of a sample are different, the maximum and minimum
compartment temperatures for compartment status determination shall be
based on the mean measurements for the units in the sample.
0
3. Section 429.61 is amended by revising paragraph (d) to read as
follows:
Sec. 429.61 Consumer miscellaneous refrigeration products.
* * * * *
(d) Product category determination. Each basic model of
miscellaneous refrigeration product must be certified according to the
appropriate product category as defined in Sec. 430.2 of this chapter
based on compartment volumes and compartment temperatures. If one or
more compartments could be classified as both a fresh food compartment
and a freezer compartment, the model must be certified to each
applicable product category based on the operation of the
compartment(s) as both fresh food and freezer compartments.
[[Page 7846]]
(1) Compartment volume used to determine product category shall be,
for each compartment, the mean of the volumes of that specific
compartment for the sample of tested units of the basic model, measured
according to the provisions in section 4.1 of appendix A of subpart B
of part 430 of this chapter, or, for each compartment, the volume of
that specific compartment calculated for the basic model in accordance
with Sec. 429.72(d).
(2) For compartments other than cooler compartments, determination
of the compartment temperature ranges shall be based on operation of
the product under the conditions specified in appendix A to subpart B
of part 430 of this chapter for miscellaneous refrigeration products.
The determination of compartment status may require evaluation of a
model at the extremes of the range of user-selectable temperature
control settings. If the temperature ranges for the same compartment of
multiple units of a sample are different, the maximum and minimum
compartment temperatures for compartment status determination shall be
based on the mean measurements for the units in the sample.
[FR Doc. 2023-02198 Filed 2-6-23; 8:45 am]
BILLING CODE 6450-01-P