[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50205-50218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12893]



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  Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Rules 
and Regulations  

[[Page 50205]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2017-BT-STD-0003]
RIN 1904-AF56


Energy Conservation Program: Energy Conservation Standards for 
Refrigerators, Refrigerator-Freezers, and Freezers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Direct final rule; confirmation of effective and compliance 
dates; technical correction.

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

SUMMARY: The U.S. Department of Energy (``DOE'') published a direct 
final rule to establish new energy conservation standards for 
refrigerators, refrigerator-freezers, and freezers in the Federal 
Register on January 17, 2024. DOE has determined that the comments 
received in response to the direct final rule do not provide a 
reasonable basis for withdrawing the direct final rule. Therefore, DOE 
provides this document confirming the effective and compliance dates of 
those standards. This document also corrects an error in the amended 
regulatory text as it appeared in the direct final rule published on 
January 17, 2024.

DATES: The technical correction in this document is effective June 13, 
2024.
    The effective date of May 16, 2024, for the direct final rule 
published January 17, 2024 (89 FR 3026) is confirmed. Compliance with 
the standards established in the direct final rule will be required on 
either January 31, 2029, or January 31, 2030, depending on product 
class.

ADDRESSES: The docket for this rulemaking, which includes Federal 
Register notices, public meeting attendee lists and transcripts, 
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 information that is exempt 
from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2017-BT-STD-0003. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket.
    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].

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. Telephone: 
(202) 287-5904. 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: (202) 586-4798. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authority

    The Energy Policy and Conservation Act, Public Law 94-163, as 
amended (``EPCA''),\1\ authorizes DOE to issue a direct final rule 
establishing an energy conservation standard for a product on receipt 
of a statement submitted jointly by interested persons that are fairly 
representative of relevant points of view (including representatives of 
manufacturers of covered products, States, and efficiency advocates), 
as determined by the Secretary, that contains recommendations with 
respect to an energy or water conservation standard that are in 
accordance with the provisions of 42 U.S.C. 6295(o) or 42 U.S.C. 
6313(a)(6)(B), as applicable. (42 U.S.C. 6295(p)(4))
---------------------------------------------------------------------------

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

    The direct final rule must be published simultaneously with a 
notice of proposed rulemaking (``NOPR'') that proposes an energy or 
water conservation standard that is identical to the standard 
established in the direct final rule, and DOE must provide a public 
comment period of at least 110 days on this proposal. (42 U.S.C. 
6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct 
final rule, DOE shall withdraw the direct final rule if (1) DOE 
receives one or more adverse public comments relating to the direct 
final rule or any alternative joint recommendation; and (2) based on 
the rulemaking record relating to the direct final rule, DOE determines 
that such adverse public comments or alternative joint recommendation 
may provide a reasonable basis for withdrawing the direct final rule. 
(42 U.S.C. 6295(p)(4)(C)) If DOE makes such a determination, DOE must 
proceed with the NOPR published simultaneously with the direct final 
rule and publish in the Federal Register the reasons why the direct 
final rule was withdrawn. (Id.)
    After review of comments received, DOE has determined that it did 
receive adverse comments on the direct final rule. However, based on 
the rulemaking record, the comments did not provide a reasonable basis 
for withdrawing the direct final rule under the provisions in 42 U.S.C. 
6295(p)(4)(C). As such, DOE did not withdraw this direct final rule and 
allowed it to become effective. Although not required under EPCA, where 
DOE does not withdraw a direct final rule, DOE publishes a summary of 
the comments received during the 110-day comment period and its 
responses to those comments. This document contains such a summary, as 
well as DOE's responses to the comments.

II. Refrigerators, Refrigerator-Freezers, and Freezers Direct Final 
Rule

A. Background

    In a final rule published on September 15, 2011 (``September 2011 
Final Rule''), DOE prescribed the current energy conservation standards 
for refrigerators, refrigerator-freezers, and freezers manufactured on 
and after September 15, 2014. 76 FR 57516. These standards are set 
forth in DOE's regulations at 10 CFR 430.32(a).

[[Page 50206]]

    On November 15, 2019, DOE published a request for information 
(``RFI'') to collect data and information to help DOE determine whether 
any new or amended standards for consumer refrigerators, refrigerator-
freezers, and freezers would result in a significant amount of 
additional energy savings and whether those standards would be 
technologically feasible and economically justified. 84 FR 62470 
(``November 2019 RFI'').
    DOE then published a notice of public meeting and availability of 
the preliminary technical support document (``TSD'') on October 15, 
2021 (``October 2021 Preliminary Analysis''). 86 FR 57378. DOE held a 
public meeting on December 1, 2021, to discuss and receive comments on 
the preliminary TSD. The preliminary TSD that presented the methodology 
and results of the preliminary analysis is available at: 
www.regulations.gov/document/EERE-2017-BT-STD-0003-0021.
    On February 27, 2023, DOE published a NOPR and announced a public 
webinar to respond to initial comments (``February 2023 NOPR''). 88 FR 
12452. In the February 2023 NOPR, DOE updated its analysis and proposed 
standards based on comments received following the publication of the 
October 2021 Preliminary Analysis. DOE held a public webinar on April 
11, 2023, to discuss and receive comments on the February 2023 NOPR and 
February 2023 NOPR TSD. The February 2023 NOPR TSD is available at: 
www.regulations.gov/document/EERE-2017-BT-STD-0003-0045.
    On September 25, 2023, DOE received a joint statement (i.e., the 
Joint Agreement) recommending standards for refrigerators, 
refrigerator-freezers, and freezers that was submitted by groups 
representing manufacturers, energy and environmental advocates, 
consumer groups, and a utility.\2\ In addition to the recommended 
standards for refrigerators, refrigerator-freezers, and freezers, the 
Joint Agreement also included separate recommendations for several 
other covered products.\3\ The Joint Agreement recommended amended 
standard levels for refrigerators, refrigerator-freezers, and freezers 
as presented in Table II.1 as follows. Details of the Joint Agreement 
recommendations for other products are provided in the Joint Agreement 
posted in the docket.\4\
---------------------------------------------------------------------------

    \2\ The signatories to the Joint Agreement include Association 
of Home Appliance Manufacturers, American Council for an Energy-
Efficient Economy, Alliance for Water Efficiency, Appliance 
Standards Awareness Project, Consumer Federation of America, 
Consumer Reports, Earthjustice, National Consumer Law Center, 
Natural Resources Defense Council, Northwest Energy Efficiency 
Alliance, and Pacific Gas and Electric Company. Members of AHAM's 
Major Appliance Division that manufacture the affected products 
include: Alliance Laundry Systems, LLC; Asko Appliances AB; Beko US 
Inc.; Brown Stove Works, Inc.; BSH; Danby Products, Ltd.; Electrolux 
Home Products, Inc.; Elicamex S.A. de C.V.; Faber; Fotile America; 
GEA, a Haier Company; L'Atelier Paris Haute Design LLG; LG 
Electronics USA ; Liebherr USA, Co.; Midea America Corp.; Miele, 
Inc.; Panasonic Appliances Refrigeration Systems (PAPRSA) 
Corporation of America; Perlick Corporation; Samsung; Sharp 
Electronics Corporation; Smeg S.p.A; Sub-Zero Group, Inc.; The 
Middle by Corporation; U-Line Corporation; Viking Range, LLC; and 
Whirlpool.
    \3\ The Joint Agreement contained recommendations for 6 covered 
products: refrigerators, refrigerator-freezers, and freezers; 
clothes washers; clothes dryers; dishwashers; cooking products; and 
miscellaneous refrigeration products.
    \4\ The term sheet is available in the docket at: 
www.regulations.gov/document/EERE-2017-BT-STD-0003-0103.

    Table II.1--Recommended Amended Energy Conservation Standards for
     Residential Refrigerators, Refrigerator-Freezers, and Freezers
------------------------------------------------------------------------
                                Level  (based
        Product class           on AV (ft\3\))       Compliance date
------------------------------------------------------------------------
1. Refrigerator-freezers and   6.79AV + 191.3.  January 31, 2030.
 refrigerators other than all-
 refrigerators with manual
 defrost.
1A. All-refrigerators--manual  5.77AV + 164.6.  January 31, 2030.
 defrost.
2. Refrigerator-freezers--     (6.79AV +        January 31, 2030.
 partial automatic defrost.     191.3) * K2.
3. Refrigerator-freezers--     6.86AV + 198.6   January 31, 2030.
 automatic defrost with top-    + 28I.
 mounted freezer.
3A. All-refrigerators--        (6.01AV +        January 31, 2030.
 automatic defrost.             171.4) * K3A.
4. Refrigerator-freezers--     7.28AV + 254.9.  January 31, 2030.
 automatic defrost with side-
 mounted freezer.
5. Refrigerator-freezers--     (7.61AV +272.6)  January 31, 2030.
 automatic defrost with         * K5 + 28I.
 bottom-mounted freezer.
5A. Refrigerator-freezer--     (7.76AV +        January 31, 2029.
 automatic defrost with         351.9) * K5A.
 bottom-mounted freezer with
 through-the-door ice service.
6. Refrigerator-freezers--     7.14AV + 280.0.  January 31, 2030.
 automatic defrost with top-
 mounted freezer with through-
 the-door ice service.
7. Refrigerator-freezers--     (7.31AV +        January 31, 2030.
 automatic defrost with side-   322.5) * K7.
 mounted freezer with through-
 the-door ice service.
8. Upright freezers with       5.57AV + 193.7.  January 31, 2029.
 manual defrost.
9. Upright freezers with       7.33AV + 194.1   January 31, 2030.
 automatic defrost.             + 28I.
10. Chest freezers and all     7.29AV + 107.8.  January 31, 2029.
 other freezers except
 compact freezers.
10A. Chest freezers with       10.24AV + 148.1  January 31, 2029.
 automatic defrost.
11. Compact refrigerator-      7.68AV + 214.5.  January 31, 2029.
 freezers and refrigerators
 other than all-refrigerators
 with manual defrost.
11A. Compact all-              6.66AV + 186.2.  January 31, 2029.
 refrigerators--manual
 defrost.
12. Compact refrigerator-      (5.32AV +        January 31, 2029.
 freezers--partial automatic    302.2) * K12.
 defrost.
13. Compact refrigerator-      10.62AV + 305.3  January 31, 2029.
 freezers--automatic defrost    + 28I.
 with top-mounted freezer.
13A. Compact all-              (8.25AV +        January 31, 2029.
 refrigerators--automatic       233.4) * K13A.
 defrost.
14. Compact refrigerator-      6.14AV + 411.2   January 31, 2029.
 freezers--automatic defrost    + 28I.
 with side-mounted freezer.
15. Compact refrigerator-      10.62AV + 305.3  January 31, 2029.
 freezers--automatic defrost    + 28I.
 with bottom-mounted freezer.
16. Compact upright freezers   7.35AV + 191.8.  January 31, 2029.
 with manual defrost.
17. Compact upright freezers   9.15AV + 316.7.  January 31, 2029.
 with automatic defrost.
18. Compact chest freezers...  7.86AV + 107.8.  January 31, 2029.
3-BI. Built-in refrigerator-   8.24AV + 238.4   January 31, 2029.
 freezer--automatic defrost     + 28I.
 with top-mounted freezer.
3A-BI. Built-in All-           (7.22AV +        ........................
 refrigerators--automatic       205.7) * K3ABI.
 defrost.
4-BI. Built-In Refrigerator-   8.79AV + 307.4   January 31, 2029.
 freezers--automatic defrost    + 28I.
 with side-mounted freezer.
5-BI. Built-In Refrigerator-   (8.65AV +        January 31, 2029.
 freezers--automatic defrost    309.9) * K5BI
 with bottom-mounted freezer.   + 28I.

[[Page 50207]]

 
5A-BI. Built-in refrigerator-  (8.21AV +        January 31, 2029.
 freezer--automatic defrost     370.7) * K5ABI.
 with bottom-mounted freezer
 with through-the-door ice
 service.
7-BI. Built-In Refrigerator-   (8.82AV +        January 31, 2029.
 freezers--automatic defrost    384.1) * K7BI.
 with side-mounted freezer.
9-BI. Built-In Upright         9.37AV + 247.9   January 31, 2029.
 freezers with automatic        + 28I.
 defrost.
9A-BI. NEW PRODUCT CLASS:      9.86AV + 288.9.  January 31, 2029.
 Upright built-in freezer w/
 auto defrost and through-
 door-ice.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendices A and B of subpart B of 10 CFR part 430.
av = Total adjusted volume, expressed in Liters.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker. Door Coefficients (e.g., K3A) are as
  defined in Table I.2.


----------------------------------------------------------------------------------------------------------------
                                                        Products without a   Products without a transparent door
         Door coefficient            Products with a     transparent door    or door-in-door with added external
                                    transparent door    with a door-in-door                 doors
----------------------------------------------------------------------------------------------------------------
K2...............................                 N/A                   N/A  1 + 0.02 * (Nd-1).
K3A..............................                1.10                   N/A  N/A
K3ABI............................                1.10                   N/A  N/A
K13A.............................                1.10                   N/A  N/A
K4...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K4BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5A..............................                1.10                  1.06  1 + 0.02 * (Nd-3).
K5ABI............................                1.10                  1.06  1 + 0.02 * (Nd-3).
K7...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K7BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K9...............................                 N/A                   N/A  1 + 0.02 * (Nd-1).
K9BI.............................                 N/A                   N/A  1 + 0.02 * (Nd-1).
K12..............................                 N/A                   N/A  1 + 0.02 * (Nd-1).
----------------------------------------------------------------------------------------------------------------
Note: Nd is the number of external doors.

    After carefully considering the recommended energy conservation 
standards for refrigerators, refrigerator-freezers, and freezers in the 
Joint Agreement, DOE determined that these recommendations were in 
accordance with the statutory requirements of 42 U.S.C. 6295(p)(4) for 
the issuance of a direct final rule and published a direct final rule 
on January 17, 2024 (``January 2024 Direct Final Rule''). 89 FR 3026. 
DOE evaluated whether the Joint Agreement satisfies 42 U.S.C. 6295(o), 
as applicable, and found that the recommended standard levels would 
result in significant energy savings and are technologically feasible 
and economically justified. 89 FR 3026, 3100-3106. Accordingly, DOE 
adopted the consensus-recommended efficiency levels for refrigerators, 
refrigerator-freezers, and freezers as the new and amended standard 
levels in the January 2024 Direct Final Rule. 89 FR 3026, 3107-3108.
    These standards, which are expressed as kWh/yr, apply to product 
classes listed in Table II.2 and Table II.3 and manufactured in, or 
imported into, the United States starting on January 31, 2029 or 
January 31, 2030, depending on product class. The January 2024 Direct 
Final Rule provides a detailed discussion of DOE's analysis of the 
benefits and burdens of the new and amended standards pursuant to the 
criteria set forth in EPCA. 89 FR 3026, 3100-3106.

  Table II.2--Energy Conservation Standards for Consumer Refrigerators,
 Refrigerator-Freezers, and Freezers With Corresponding Door Coefficient
                                  Table
                 [Compliance starting January 31, 2029]
------------------------------------------------------------------------
                                  Equations for maximum energy use (kWh/
                                                    yr)
     Product class (``PC'')      ---------------------------------------
                                      Based on AV
                                        (ft\3\)         Based on av (L)
------------------------------------------------------------------------
3-BI. Built-in refrigerator-      8.24AV + 238.4 +    0.291av + 238.4 +
 freezer--automatic defrost with   28I.                28I.
 top-mounted freezer.
3A-BI. Built-in All-              (7.22AV + 205.7) *  (0.255av + 205.7)
 refrigerators--automatic          K3ABI.              * K3ABI.
 defrost.
4-BI. Built-In Refrigerator-      (8.79AV + 307.4) *  (0.310av + 307.4)
 freezers--automatic defrost       K4BI + 28I.         * K4BI + 28I.
 with side-mounted freezer.
5-BI. Built-In Refrigerator-      (8.65AV + 309.9) *  (0.305av + 309.9)
 freezers--automatic defrost       K5BI + 28I.         * K5BI + 28I.
 with bottom-mounted freezer.
5A. Refrigerator-freezer--        (7.76AV + 351.9) *  (0.274av + 351.9)
 automatic defrost with bottom-    K5A.                * K5A.
 mounted freezer with through-
 the-door ice service.
5A-BI. Built-in refrigerator-     (8.21AV + 370.7) *  (0.290av + 370.7)
 freezer--automatic defrost with   K5ABI.              * K5ABI.
 bottom-mounted freezer with
 through-the-door ice service.

[[Page 50208]]

 
7-BI. Built-In Refrigerator-      (8.82AV + 384.1) *  (0.311av + 384.1)
 freezers--automatic defrost       K7BI.               * K7BI.
 with side-mounted freezer with
 through-the-door ice service..
8. Upright freezers with manual   5.57AV + 193.7....  0.197av + 193.7.
 defrost.
9-BI. Built-In Upright freezers   (9.37AV + 247.9) *  (0.331av + 247.9)
 with automatic defrost.           K9BI + 28I.         * K9BI + 28I.
9A-BI. Built-In Upright freezers  9.86AV + 288.9....  0.348av + 288.9.
 with automatic defrost with
 through-the-door ice service.
10. Chest freezers and all other  7.29AV + 107.8....  0.257av + 107.8.
 freezers except compact
 freezers.
10A. Chest freezers with          10.24AV + 148.1...  0.362av + 148.1.
 automatic defrost.
11. Compact refrigerator-         7.68AV + 214.5....  0.271av + 214.5.
 freezers and refrigerators
 other than all-refrigerators
 with manual defrost.
11A. Compact all-refrigerators--  6.66AV + 186.2....  0.235av + 186.2.
 manual defrost.
12. Compact refrigerator-         (5.32AV + 302.2) *  (0.188av + 302.2)
 freezers--partial automatic       K12.                * K12.
 defrost.
13. Compact refrigerator-         10.62AV + 305.3 +   0.375av + 305.3 +
 freezers--automatic defrost       28I.                28I.
 with top-mounted freezer.
13A. Compact all-refrigerators--  (8.25AV + 233.4) *  (0.291av + 233.4)
 automatic defrost.                K13A.               * K13A.
14. Compact refrigerator-         6.14AV + 411.2 +    0.217av + 411.2 +
 freezers--automatic defrost       28I.                28I.
 with side-mounted freezer.
15. Compact refrigerator-         10.62AV + 305.3 +   0.375av + 305.3 +
 freezers--automatic defrost       28I.                28I.
 with bottom-mounted freezer.
16. Compact upright freezers      7.35AV + 191.8....  0.260av + 191.8.
 with manual defrost.
17. Compact upright freezers      9.15AV + 316.7....  0.323av + 316.7.
 with automatic defrost.
18. Compact chest freezers......  7.86AV + 107.8....  0.278av + 107.8.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendices A and B of subpart B of 10 CFR part 430.
av = Total adjusted volume, expressed in Liters.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker.
Door Coefficients (e.g., K3ABI) are as defined in the following table


----------------------------------------------------------------------------------------------------------------
                                                        Products without a   Products without a transparent door
         Door coefficient            Products with a     transparent door    or door-in-door with added external
                                    transparent door    with a door-in-door                 doors
----------------------------------------------------------------------------------------------------------------
K3ABI............................                1.10                   1.0  1.0
K4BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5A..............................                1.10                  1.06  1 + 0.02 * (Nd-3).
K5ABI............................                1.10                  1.06  1 + 0.02 * (Nd-3).
K7BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K9BI.............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
K12..............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
K13A.............................                1.10                   1.0  1.0
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Nd is the number of external doors.
\2\ The maximum Nd values are 2 for K12, 3 for K9BI, and 5 for all other K values.


  Table II.3 Energy Conservation Standards for Consumer Refrigerators,
 Refrigerator-Freezers, and Freezers With Corresponding Door Coefficient
                                  Table
                 [Compliance starting January 31, 2030]
------------------------------------------------------------------------
                                  Equations for maximum energy use (kWh/
                                                    yr)
          Product class          ---------------------------------------
                                      Based on AV
                                        (ft\3\)         Based on av (L)
------------------------------------------------------------------------
1. Refrigerator-freezers and      6.79AV + 191.3....  0.240av + 191.3.
 refrigerators other than all-
 refrigerators with manual
 defrost.
1A. All-refrigerators--manual     5.77AV + 164.6....  0.204av + 164.6.
 defrost.
2. Refrigerator-freezers--        (6.79AV + 191.3) *  (0.240av + 191.3)
 partial automatic defrost.        K2.                 * K2.
3. Refrigerator-freezers--        6.86AV + 198.6 +    0.242av + 198.6 +
 automatic defrost with top-       28I.                28I.
 mounted freezer.
3A. All-refrigerators--automatic  (6.01AV + 171.4) *  (0.212av + 171.4)
 defrost.                          K3A.                * K3A.
4. Refrigerator-freezers--        (7.28AV + 254.9) *  (0.257av + 254.9)
 automatic defrost with side-      K4 + 28I.           * K4 + 28I.
 mounted freezer.
5. Refrigerator-freezers--        (7.61AV + 272.6) *  (0.269av + 272.6)
 automatic defrost with bottom-    K5 + 28I.           * K5 + 28I.
 mounted freezer.
6. Refrigerator-freezers--        7.14AV + 280.0....  0.252av + 280.0.
 automatic defrost with top-
 mounted freezer with through-
 the-door ice service.

[[Page 50209]]

 
7. Refrigerator-freezers--        (7.31AV + 322.5) *  (0.258av + 322.5)
 automatic defrost with side-      K7.                 * K7.
 mounted freezer with through-
 the-door ice service.
9. Upright freezers with          (7.33AV + 194.1) *  (0.259av + 194.1)
 automatic defrost.                K9 + 28I.           * K9 + 28I.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendices A and B of subpart B of 10 CFR part 430.
av = Total adjusted volume, expressed in Liters.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker.
Door Coefficients (e.g., K3A) are as defined in the following table.


----------------------------------------------------------------------------------------------------------------
                                                        Products without a   Products without a transparent door
         Door coefficient            Products with a     transparent door    or door-in-door with added external
                                    transparent door    with a door-in-door                 doors
----------------------------------------------------------------------------------------------------------------
K2...............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
K4...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K3A..............................                1.10                   1.0  1.0
K5...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K7...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K9...............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Nd is the number of external doors.
\2\ The maximum Nd values are 2 for K2, and 5 for all other K values.

    As required by EPCA, DOE also simultaneously published a NOPR 
proposing the identical standard levels contained in the January 2024 
Direct Final Rule. 89 FR 2886. DOE considered whether any adverse 
comment received during the 110-day comment period following the 
publication of the January 2024 Direct Final Rule provided a reasonable 
basis for withdrawal of the direct final rule under the provisions in 
42 U.S.C. 6295(p)(4)(C).

III. Comments on the Direct Final Rule

    As discussed in section I of this document, not later than 120 days 
after publication of a direct final rule, DOE shall withdraw the direct 
final rule if (1) DOE receives one or more adverse public comments 
relating to the direct final rule or any alternative joint 
recommendation; and (2) based on the rulemaking record relating to the 
direct final rule, DOE determines that such adverse public comments or 
alternative joint recommendation may provide a reasonable basis for 
withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)(i))
    DOE received comments in response to the January 2024 Direct Final 
Rule from the interested parties listed in Table III.1.

   Table III.1--List of Commenters With Written Submissions in Response to the January 2024 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                      Comment No. in
           Commenter(s)                       Abbreviation              the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
Anonymous.........................  Anonymous.......................         117-120  Individual.
Association of Home Appliance       Joint Commenters................             121  Manufacturers, Energy and
 Manufacturers (AHAM), Appliance                                                       Environmental Advocates,
 Standards Awareness Project                                                           Consumer Groups, and a
 (ASAP), et al.                                                                        Utility.
Montana Office of the Attorney      AG of Montana...................             122  State Attorney General.
 General.
State of Tennessee Office of the    State AGs.......................             123  State Attorney General.
 Attorney General.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\ 
The following sections discuss the substantive comments DOE received on 
the January 2024 Direct Final Rule as well as DOE's determination that 
the comments do not provide a reasonable basis for withdrawal of the 
direct final rule.
---------------------------------------------------------------------------

    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for air cleaners. (Docket No. EERE-
2017-BT-STD-0003, which is maintained at www.regulations.gov). The 
references are arranged as follows: (commenter name, comment docket 
ID number, page of that document).
---------------------------------------------------------------------------

A. General Comments

    In comments submitted in response to the January 2024 Direct Final 
Rule, the Joint Commenters, consisting of the parties who submitted the 
Joint Agreement, supported the standard levels specified in the January 
2024 Direct Final Rule as the standards align with those levels 
recommended in the Joint Agreement. (Joint Commenters,

[[Page 50210]]

No. 121 at p. 2) The Joint Commenters also agreed with DOE's findings 
that the standards in the January 2024 Direct Final Rule meet EPCA's 
requirements of being the maximum levels that are technologically 
feasible and economically justified, taking into account the criteria 
set forth in 42 U.S.C. 6295(o). (Id. at pp. 2-3) The Joint Commenters 
stated that the Joint Agreement was submitted by a group of 
stakeholders with fairly representative points of view. (Id. at p. 4)
    DOE also received comments from numerous individual commenters who 
expressed support for the standards proposed in the DFR. (Anonymous, 
No. 117 at p. 1; Anonymous, No. 118 at p. 1; Anonymous, No. 119 at p. 
1; Anonymous, No. 120 at p. 1)
    The State AGs and the AG of Montana submitted comments opposing the 
January 2024 Direct Final Rule. (AG of Montana, No. 122, pp. 1-5; State 
AGs, No. 123 at pp. 2-10) However, as discussed in more detail below, 
DOE has determined that these comments do not provide a reasonable 
basis to withdraw the January 2024 Direct Final Rule.

B. Responses to Previous Stakeholder Comments

    The State AGs stated their belief that comments from AHAM and 
General Electric in response to the February 2023 NOPR had gone 
unanswered in the January 2024 Direct Final Rule, specifically those 
concerning DOE's supply chain analysis, component availability, and 
economic impacts on consumers, particularly low-income households, 
which leaves consumers to bear the brunt of regulatory pressure on 
manufacturers. (State AGs, No. 123 at pp. 2-3)
    In response to the comment from the State AGs that DOE did not 
respond in the January 2024 Direct Final Rule to the comments submitted 
by signatories to the Joint Agreement and other stakeholders in 
response to the February 2023 NOPR, DOE notes that the commenter 
misunderstands DOE's direct final rule authority under EPCA. As 
discussed in the January 2024 Direct Final Rule, DOE was conducting a 
rulemaking to consider amending the standards for refrigerators, 
refrigerator-freezers, and freezers when the Joint Agreement was 
submitted. Id. at 89 FR 3037. After receiving the Joint Agreement, DOE 
initiated a separate rulemaking action and subsequently issued the 
January 2024 Direct Final Rule after determining that the 
recommendations contained in the Joint Agreement were compliant with 42 
U.S.C. 6295(o). Id. at 89 FR 3027. The January 2024 Direct Final Rule 
is a separate rulemaking, conducted under a different statutory 
authority, from DOE's prior rulemaking in the February 2023 NOPR and 
DOE has no obligation to consider comments submitted in response to 
that prior rulemaking in a different rulemaking.
    Even though DOE was not required to consider comments from the 
February 2023 NOPR, DOE did in fact consider comments, data and 
information obtained through the February 2023 NOPR. This included the 
issues that the State AGs asserted DOE ignored in the January 2024 
Direct Final Rule. In the January 2024 Direct Final Rule, DOE 
specifically addressed concerns related to supply chains and component 
availability for vacuum-insulated panels (``VIPs'') and variable-speed 
compressors (``VSCs'') by conducting a supply chain analysis. 89 FR 
3026, 3049-3051. Based on information provided by relevant 
manufacturers of VSCs, DOE believes that significant increases in VSCs 
in the U.S. market aligned with the standard levels adopted in the 
January 2024 Direct Final Rule are well within the production capacity 
of the compressor industry. And based on the information gathered from 
relevant VIP manufacturers, DOE expects that VIP production lines can 
be quickly scaled up to meet demand of future amended standards within 
1 to 2 years depending on the specific VIP design), well within lead 
time between publication of amended standards and the compliance date 
for those standards. DOE also notes that the longer 5 and 6-year lead 
time between publication of the January 2024 Direct Final Rule and the 
compliance date provides more time to build production capacity than 
the 3-year lead time proposed in the February 2023 NOPR.
    Additionally, in the January 2024 Direct Final Rule, DOE considered 
the impact on low-income households by performing a life-cycle-cost 
subgroup analysis for low-income households. Id. at 89 FR 3064-3065. 
Notably, consistent with Joint Agreement, in the January 2024 Direct 
Final Rule DOE adopted a lower standard level for product class 7 
(side-by-side refrigerators, used by 19 percent of low-income 
households) than the level proposed in the February 2023 NOPR. DOE 
estimated that the lower standard level would result in 0.6% of low-
income households experiencing a net cost due to the standard, compared 
with 23% at the proposed level in the February 2023 NOPR. The adopted 
standard level for product class 7 in the January 2024 Direct Final 
Rule also reduced the estimated incremental increase in purchase price 
to $24.39, compared with $100.28 at the proposed standard level in the 
February 2023 NOPR.

C. Stakeholder Representation

    Under 42 U.S.C. 6295(p)(4), interested persons that are fairly 
representative of relevant points of view (including representatives of 
manufacturers of covered products, States, and efficiency advocates), 
as determined by DOE, may submit a joint recommendation to the 
Department for new or amended energy conservation standards. The State 
AGs commented that the parties to the Joint Agreement are not ``fairly 
representative of relevant points of view'' as required when 
considering a direct final rule. (State AGs, No. 123 at pp. 4-5) The 
State AGs stated that many of the groups represented by AHAM, who 
signed the Joint Agreement, submitted comments prior to the submission 
of the Joint Agreement and those comments were not addressed in the 
Joint Agreement or the January 2024 Direct Final Rule. (Id. at p. 3). 
The State AGs further stated their belief that AHAM and manufacturers 
who previously opposed the February 2023 NOPR but now joined in the 
consensus agreement did so due to agency ``arm-twisting.'' (Id. at 5).
    The State AGs pointed to the other signatories of the Joint 
Agreement, including advocacy groups such as the Alliance for Water 
Efficiency, Earthjustice, Northwest Energy Efficiency Alliance, Natural 
Resources Defense Council, and National Consumer Law Center, as either 
lacking the relevant expertise on consumer refrigeration products, 
lacking expertise or failing to consider initial consumer or 
manufacturer costs, or failing to conduct their own analysis. (Id. at 
p. 4) Additionally, the State AGs noted that many of these groups 
failed to address concerns raised during the regulatory process in 
their sponsorship of the Joint Agreement. (Id. at p. 5)
    The State AGs commented that other groups, although not a part of 
the Joint Agreement, provided comments on the February 2023 NOPR with 
regards to the proposed standards' impact on the consumers. (Id. at pp. 
5-6) The State AGs stated that groups such as the National Apartment 
Association and National Multifamily Housing Council expressed concerns 
about the February 2023 NOPR's impact on consumer welfare in the form 
of increased costs and economic burdens to low-income consumers. (Id. 
at p. 6) Additionally, the State AGs stated that many states besides 
those party to the Joint Agreement (i.e., Massachusetts, New York, and 
California) expressed concern about consumer welfare. (Id.) The State

[[Page 50211]]

AGs contended that a joint statement comprising of fairly 
representative points of view requires the concurrence of States across 
the ideological spectrum for DOE to proceed with a direct final rule. 
(Id.)
    The AG of Montana agreed with the comment from the State AGs and 
commented that the signatories of the Joint Agreement were a skewed 
collection of ideological extremists. (AG of Montana, No. 122 at p. 1)
    In response to the comments regarding whether the Joint Agreement 
was submitted by persons fairly representative of relevant points of 
view, DOE reiterates that 42 U.S.C. 6295(p)(4) reads, in relevant part, 
``[o]n receipt of a statement that is submitted jointly by interested 
persons that are fairly representative of relevant points of view 
(including representatives of manufacturers of covered products, 
States, and efficiency advocates), as determined by the Secretary . . 
.'' (42 U.S.C. 6295(p))
    As stated in the January 2024 Direct Final Rule, DOE determined 
that this requirement was met. 89 FR 3026, 3038. The Joint Agreement 
included a trade association, AHAM, which represents 20 manufacturers 
of the subject covered products--refrigerators, refrigerator-freezers, 
and freezers. Id. The Joint Agreement also included environmental and 
energy-efficiency advocacy organizations, consumer advocacy 
organizations, and a gas and electric utility company. Id. 
Additionally, DOE received a letter in support of the Joint Agreement 
from the States of New York, California, and Massachusetts (see comment 
No. 104). Id. DOE also received a letter in support of the Joint 
Agreement from the gas and electric utility, San Diego Gas and 
Electric, and the electric utility, Southern California Edison (see 
comment No. 107). Id. Each of the listed categories of persons 
described in 42 U.S.C. 6295(p)(4) supported the Joint Agreement.
    DOE has ample authority to accept a joint statement in these 
circumstances. EPCA does not require that the Joint Agreement be 
representative of every point of view. Nor does it require that a 
statement be submitted by all interested persons. Rather, it requires a 
statement from a sufficient number and diversity of ``interested 
persons'' such that the statement is ``fairly representative of 
relevant points of view.'' The Joint Agreement presented here is such a 
statement, as the Secretary determined.
    Contrary to the commenters' suggestion, EPCA does not include any 
requirement that ``relevant points of view'' must include politically 
opposite points of view. Rather, EPCA ensures a diversity of opinions 
and interests by requiring that joint agreements be submitted by 
relevant points of view, including representatives of manufacturers, 
States, and efficiency advocates. (42 U.S.C. 6295(p)(4)(A))
    Moreover, regardless of whether amended energy conservation 
standards are recommended as part of a joint agreement or proposed by 
DOE, the standards have to satisfy the same criteria in 42 U.S.C. 
6295(o). Thus, once DOE has determined that a joint agreement was 
submitted by interested persons that are fairly representative of 
relevant points of view, DOE then determines whether the joint 
agreement satisfies the relevant statutory criteria. As a result, in 
evaluating whether comments provide a reasonable basis for withdrawing 
a direct final rule, it is the substance of the comments, not the 
number of stakeholders that submit statements in favor of, or opposed 
to, the joint agreement, that determines whether a rule should be 
withdrawn.
    Similarly, EPCA does not require that DOE reject a joint statement 
merely because non-signatories have differing opinions and interests 
than the signatories. Nor does EPCA require that every manufacturer, 
industry association, or state who submitted comments on the separate 
February 2023 NOPR be party to the Joint Agreement. (State AGs, No. 123 
at pp. 6). Finally, there is nothing in this provision of EPCA to 
support the interpretation from the State AGs and the AG of Montana 
that interested persons who did not raise concerns about a separate 
rulemaking or who opposed a separate rulemaking should be excluded from 
submitting a joint statement.
    DOE also finds meritless the contention that the Joint Agreement 
parties are not competent to present a statement for purposes of 
section 6295(p). Contrary to the characterizations by the State AGs and 
Montana AG, the parties to the Joint Agreement have an established 
historical record of participation in DOE rulemakings and have 
submitted detailed comments in the past that demonstrate a thorough 
understanding of technical, legal, and economic aspects of appliance 
standards rulemakings, including factors affecting specific groups such 
as low-income households.
    In a follow-up letter from the parties to the Joint Agreement, each 
organization provided a brief description of its background. American 
Council for an Energy-Efficient Economy is a nonprofit research 
organization and its independent analysis advances investments, 
programs, and behaviors that use energy more effectively and help build 
an equitable clean energy future. Alliance for Water Efficiency is a 
nonprofit dedicated to efficiency and sustainable use of water that 
provides a forum for collaboration around policy, information sharing, 
research, education, and stakeholder engagement. Appliance Standards 
Awareness Project organizes and leads a broad-based coalition effort 
that works to advance new appliance, equipment, and lighting standards 
that cut emissions that contribute to climate change and other 
environmental and public health harms, save water, and reduce economic 
and environmental burdens for low- and moderate-income households. AHAM 
represents more than 150 member companies that manufacture 90% of the 
major, portable and floor care appliances shipped for sale in the U.S. 
The Consumer Federation of America is an association of more than 250 
non-profit consumer and cooperative groups that advances the consumer 
interest through research, advocacy, and education. Consumer Reports is 
a mission-driven, independent, nonprofit member organization that 
empowers and informs consumers, incentivize corporations to act 
responsibly, and helps policymakers prioritize the rights and interests 
of consumers in order to shape a truly consumer-driven marketplace. 
Earthjustice is a nonprofit public interest environmental law 
organization advocating to advance clean energy and combat climate 
change. National Consumer Law Center supports consumer justice and 
economic security for low-income and other disadvantaged people in the 
U.S. through its expertise in policy analysis and advocacy, 
publications, litigation, expert witness services, and training. 
National Resources Defense Council is an international nonprofit 
environmental organization with expertise from lawyers, scientists, and 
other environmental specialists. The Northwest Energy Efficiency 
Alliance is a collaboration of 140 utilities and efficiency 
organizations working together to advance energy efficiency in the 
Northwest on behalf of more than 13 million consumers. PG&E represents 
one of the largest combined gas and electric utilities in the Western 
U.S., serving over 16 million customers across northern and central 
California.\6\
---------------------------------------------------------------------------

    \6\ This document is available in the docket at: 
www.regulations.gov/document/EERE-2017-BT-STD-0003-0105.

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

[[Page 50212]]

    Finally, DOE notes that it had no role in requesting that the 
parties to the Joint Agreement submit the Joint Agreement or in 
negotiating the terms of the Joint Agreement. As noted in the Joint 
Agreement itself, the parties accepted the Agreement based on the 
totality of the agreement. DOE's participation was limited to 
evaluating the joint submission under the criteria set forth in 42 
U.S.C. 6295(p).
    Therefore, DOE reaffirms its determination that the Joint Agreement 
was submitted by interested persons that are fairly representative of 
relevant points of view.

D. Formal Rulemaking

    The State AGs commented that, given the previous comments submitted 
in response to February 2023 NOPR, DOE should use its direct final rule 
authority with caution and must return to a formal rulemaking in order 
to ensure the representation of diverse viewpoints and address all 
concerns raised during the rulemaking process. (State AGs, No. 123 at 
pp. 7-10)
    In response, DOE notes that there is nothing in EPCA that limits 
DOE's direct final rule authority other than that the statement 
containing recommended standards must be submitted jointly by 
interested persons that are fairly representative of relevant points of 
view and that DOE must evaluate whether the recommended standards are 
in accordance with 42 U.S.C. 6295(o). (See 42 U.S.C. 6295(p)(4)) In the 
January 2024 Direct Final Rule, DOE determined that Joint Agreement was 
submitted jointly by interested persons that are fairly representative 
of relevant points of view and the adopted energy conservation 
standards as recommended in the Joint Agreement would result in 
significant energy savings and are technologically feasible and 
economically justified as required under 42 U.S.C. 6295(o) and provided 
supporting analysis. 89 FR 3026, 3038, 3078-3109.
    Additionally, DOE notes it followed the procedures in 42 U.S.C. 
6295(p)(4) to publish a direct final rule in the Federal Register 
simultaneously with a NOPR proposing identical standards and allow 110 
days for public comment. See 89 FR 3026; 89 FR 2886. This comment 
period provided an ample opportunity for the public to express their 
views on the recommended standards. Finally, DOE has met all the 
requirements under its direct rule authority and, therefore, formal 
rulemaking procedures are not necessary.\7\ Therefore, DOE has 
determined that the comment provided by the State AGs does not provide 
a reasonable basis for withdrawal of the January 2024 Direct Final 
Rule.
---------------------------------------------------------------------------

    \7\ DOE utilizes informal or legislative rulemaking when it 
promulgates rules under EPCA (i.e., notice and comment rulemaking 
under the Administrative Procedure Act, 5 U.S.C. 553).
---------------------------------------------------------------------------

E. Consumer Preference

    The AG of Montana stated that DOE acknowledges consumer preference 
but disregards it in the January 2024 Direct Final Rule. (AG of 
Montana, No. 122, p. 2)
    With respect to the comment from the AG of Montana, DOE did not 
disregard consumer preference but rather noted in the January 2024 
Direct Final Rule that the economics literature provides a wide-ranging 
discussion of how consumers trade off upfront costs and energy savings 
in the absence of government intervention. 89 FR 3026, 3101. Much of 
this literature attempts to explain why consumers appear to undervalue 
energy efficiency improvements, as the AG of Montana alleged in his 
comment. There is evidence that consumers undervalue future energy 
savings as a result of (1) a lack of information; (2) a lack of 
sufficient salience of the long-term or aggregate benefits; (3) a lack 
of sufficient savings to warrant delaying or altering purchases; (4) 
excessive focus on the short term, in the form of inconsistent 
weighting of future energy cost savings relative to available returns 
on other investments; (5) computational or other difficulties 
associated with the evaluation of relevant tradeoffs; and (6) a 
divergence in incentives (for example, between renters and owners, or 
builders and purchasers). Id. Having less than perfect foresight and a 
high degree of uncertainty about the future, consumers may trade off 
these types of investments at a higher than expected rate between 
current consumption and uncertain future energy cost savings. Id.
    Potential changes in the benefits and costs associated with a 
standard due to changes in consumer purchase decisions were included in 
the analysis for the January 2024 Direct Final Rule in two ways. Id. 
First, if consumers forgo the purchase of a product in the standards 
case, as estimated based on price elasticity based on empirical data on 
appliances, this decreases sales for product manufacturers, and the 
impact on manufacturers attributed to lost revenue is included in the 
manufacturer impact analysis. Id. Second, DOE accounts for energy 
savings attributable only to products actually used by consumers in the 
standards case; if a standard decreases the number of products 
purchased by consumers, this decreases the potential energy savings 
from an energy conservation standard. Id.
    Therefore, the January 2024 Direct Final Rule did take into account 
consumer purchase decisions in its analysis, and DOE has determined 
that the comment provided by the AG of Montana does not provide a 
reasonable basis for withdrawal of the January 2024 Direct Final Rule.

F. Monetization of Greenhouse Gas Emissions

    The AG of Montana stated his belief that greenhouse gas emissions 
and climate change impacts should not be part of EPCA rulemakings, but 
given their inclusion, DOE must consider them throughout the entire 
lifecycle of the product, including manufacturing and potential 
reductions in lifespan due to increased complexity. (AG of Montana, No. 
122 at p. 3) The AG of Montana commented that the January 2024 Direct 
Final Rule failed to adequately address these full lifecycle impacts. 
(Id.)
    In response and as stated in the January 2024 Direct Final Rule, 
DOE notes that it would have reached the same conclusion that the 
adopted standard levels were economically justified without considering 
the social cost of greenhouse gases. 89 FR 3026, 3072.
    Nevertheless, DOE notes also that the comment from the AG of 
Montana points to a statement made to the U.S. Senate Subcommittee on 
Energy to indicate that 40 to 60 percent of the carbon footprint for 
many consumer products can be attributed to the supply chain.\8\ This 
statement cites a McKinsey report, which clarifies that this 40 to 60 
percent refers to the fraction of a manufacturing company's energy and 
carbon footprint that can reside upstream in its supply chain.\9\ 
However, it does not include the energy and emissions associated with 
the usage phase of the appliance lifecycle, which represents more than 
90 percent of the total for refrigerators.10 11 In the 
January

[[Page 50213]]

2024 Direct Final Rule, DOE accounted for the environmental and public 
health benefits associated with the more efficient use of energy, 
including those connected to global climate change, as they are 
important to take into account when considering the need for national 
energy conservation. (See 42 U.S.C. 6295(o)(2)(B)(i)(IV)) Id. This 
analysis focused on the estimated reduced emissions expected to result 
during lifetime of refrigerators, refrigerator freezers, and freezers 
shipped during the projection period. Id. at 89 FR 3071.
---------------------------------------------------------------------------

    \8\ https://www.energy.senate.gov/services/files/3D26FA56-F102-9E9F-BEA4-52BB0085B19A.
    \9\ C. Brickman and D. Ungerman, ``Climate Change and Supply 
Chain Management,'' McKinsey Quarterly, July 2008.
    \10\ Kim, Hyung Chul, Keoleian, Gregory A. and Horie, Yuhta A., 
(2006), Optimal household refrigerator replacement policy for life 
cycle energy, greenhouse gas emissions, and cost, Energy Policy, 34, 
issue 15, p. 2310-2323.
    \11\ Gonzalez A., Chase A., Energy Solutions. Horowitz N. ACEEE 
Summer Study on Energy Efficiency in Buildings. 2012. What We Know 
and Don't Know about Embodied Energy and Greenhouse Gases for 
Electronics, Appliances, and Light Bulbs.
---------------------------------------------------------------------------

    As a result, DOE has determined that the comment provided by the AG 
of Montana does not provide a reasonable basis for withdrawal of the 
January 2024 Direct Final Rule.

G. Efficiency and Reliability

    The AG of Montana commented that DOE has dismissed comments 
regarding the increase in appliance complexity and its impact on 
reliability when considering the implementation of higher efficiency 
standards in the January 2024 Direct Final Rule. (AG of Montana, No. 
122 at p. 4) The AG of Montana noted that increased energy efficiency 
in appliances during the use phase often leads to increased complexity, 
decreased robustness of components, and reduced engineering margins, as 
outlined in reliability engineering principles. (Id.) As a result of 
this increased complexity, AG of Montana stated that the mean time 
between failures and mean time to failure decreases, while the also 
reducing the economic viability of repair. (Id. at p. 5)
    Review of refrigerator reliability information and the most 
reliable brands provides no indication that higher efficiency products 
are less reliable. The most common refrigerator reliability issues are 
cited as icemakers and dispensers,12 13 which are not 
associated with design options identified for efficiency improvement in 
DOE's analysis. While refrigeration system issues have been identified 
as requiring service calls, e.g. lack of cooling, poor control of 
cooling, etc., no available information has correlated prevalence of 
these service issues with efficiency-improving design options such as 
variable-speed compressors. While one company's linear compressor has 
been cited as a reliability issue, this company made design changes to 
improve reliability and reduce service calls.\14\ Hence, 
notwithstanding conjecture that more-efficient products may experience 
a decrease in reliability, The AG of Montana has not provided, nor has 
DOE found, any evidence that more-efficient refrigerators, 
refrigerator-freezers, and freezers are less reliable. Therefore, DOE 
has determined that the comment provided by the AG of Montana does not 
provide a reasonable basis for withdrawal of the January 2024 Direct 
Final Rule.
---------------------------------------------------------------------------

    \12\ https://atlantaappliancesrepair.net/most-reliable-refrigerators-brands/.
    \13\ https://www.consumerreports.org/appliances/refrigerators/most-and-least-reliable-refrigerator-brands-a8271265835/.
    \14\ https://prudentreviews.com/reliable-refrigerator-brands/#Results-From-Yale-Appliance-Annual-Refrigerator-Reliability-Report.
---------------------------------------------------------------------------

H. EPCA Requirements

    The State AGs commented that DOE should reevaluate the benefits and 
burdens of its rules under the factors listed in 42 U.S.C. 
6295(o)(2)(B)(i)(I), (II), and (IV) (State AGs, No. 123 at pp. 7-8)
    In response, in the January 2024 Direct Final Rule, DOE evaluated 
the benefits and burden of the standard level it ultimately adopted. 89 
FR 3078-3109 DOE estimated that the adopted standards would save an 
estimated 5.61 quads of energy, an amount DOE considers significant. 
DOE estimated that the cumulative net present value (``NPV'') of 
consumer benefit of the adopted standard would be $9.04 billion using a 
discount rate of 7 percent, and $26.98 billion using a discount rate of 
3 percent.
    DOE estimated that the cumulative emissions reductions at the 
adopted standard are 101 Mt of carbon dioxide (``CO2''), 
31.6 thousand tons of sulfur dioxide (``SO2''), 186 thousand 
tons of nitrogen oxides (``NOX''), 0.22 tons of mercury 
(``Hg''), 846.5 thousand tons of methane (``CH4''), and 0.99 
thousand tons of nitrous oxide (``N2O''). DOE estimated the 
monetary value of the climate benefits from reduced greenhouse gases 
(``GHG'') emissions (associated with the average social cost of GHG 
(``SC-GHG'') at a 3-percent discount rate) from the adopted standard is 
$5.02 billion. DOE estimated the monetary value of the health benefits 
from reduced SO2 and NOX emissions from the 
adopted standard is $3.45 billion using a 7-percent discount rate and 
$9.80 billion using a 3-percent discount rate.
    Using a 7-percent discount rate for consumer benefits and costs, 
health benefits from reduced SO2 and NOX 
emissions, and the 3-percent discount rate case for climate benefits 
from reduced GHG emissions, DOE estimated the total NPV from the 
adopted standard is $17.51 billion. Using a 3-percent discount rate for 
all benefits and costs, DOE estimated the total NPV from the adopted 
standard is $441.80 billion. DOE noted that the estimated total NPV is 
provided for additional information, however DOE primarily relies upon 
the NPV of consumer benefits when determining whether a standard level 
is economically justified.
    For the largest product classes, which are 3 (top-mount 
refrigerator-freezers), 5 (bottom-mount refrigerator-freezers), 5A 
(bottom-mount refrigerator-freezers with through-the-door-ice service), 
and 7 (side-by-side refrigerator-freezers with through the door ice 
service), DOE estimated that the adopted standards would result in a 
life-cycle cost savings of $50.91, $55.23, $133.27, and $142.56 and a 
payback period of 4.8 years, 5.6 years, 4.1 years and 1.6 years, 
respectively. For these product classes, DOE estimated the fraction of 
customers experiencing a net LCC cost would be 28.3 percent, 33.6 
percent, 19.8 percent and 0.5 percent with increases in first cost of 
$47.67, $62.72, $81.32, and $24.39, respectively. Overall, DOE 
estimated that 24.4 percent of refrigerators, refrigerator-freezers, 
and freezers consumers would experience a net cost and the average LCC 
savings are positive for all product classes.
    As a result of the adopted standard, DOE estimated that 9 percent 
of low-income households with a top-mount or single-door refrigerator-
freezer (represented by PC 3 and used by 72 percent of low-income 
households) and 0.6 percent of low-income households with a side-by-
side refrigerator-freezer (represented by PC 7 and used by 19 percent 
of low-income households) would experience a net cost. Additionally, 
DOE noted that the incremental increase in purchase price is $24.39 for 
low-income PC 7 homeowners at the adopted standard level, substantially 
lower than the incremental increase in purchase price of $121.58 at 
higher considered standard levels.
    As a result of the adopted standard, DOE estimated that the 
projected change in industry net present value (``INPV'') ranges from a 
decrease of $504.4 million to a decrease of $383.5 million, which 
correspond to decreases of 10.3 percent and 7.8 percent, respectively. 
DOE estimated that industry must invest $830.3 million comply with 
standards set at the Recommended TSL. DOE estimated that approximately 
14 percent of refrigerator, refrigerator-freezer, and freezer annual 
shipments meet the Recommended TSL efficiencies.
    Compared to higher considered standard levels, DOE noted that more

[[Page 50214]]

manufacturers offer standard-size refrigerator freezer products that 
meet the required efficiencies since PC 7 has a lower required 
efficiency level at the adopted standard level. For PC 7, which 
accounts for 11 percent of shipments, three OEMs offer products that 
meet the efficiency level required by the adopted standard level. 
Furthermore, DOE does not expect manufacturers would need to 
incorporate VIPs into PC 7 designs to meet the efficiencies required at 
the adopted standard level. For PC 5 and PC 5A, DOE noted that it 
understands the two product classes often share the same production 
lines, with shared cabinet architecture and tooling. DOE expects 
manufacturers would likely need to incorporate some VIPs into PC 5A 
designs, but not to the extent required at higher considered standard 
levels. Thus, for the 10 OEMs that manufacture both PC 5 and PC 5A, DOE 
expects that manufacturers could implement similar cabinet upgrades 
(i.e., partial VIP) for PC 5 and PC 5A designs to achieve the 
efficiencies required by the adopted standard.
    DOE's analysis of the benefits and burden of the adopted standard 
level utilized the January 31, 2029 (or January 31, 2030, for some 
product classes) compliance dates specified in the Joint Agreement as 
they were an integral part of the multi-product joint recommendation. 
These compliance dates provide manufacturers the flexibility to spread 
capital requirements, engineering resources, and other conversion 
activities over a longer period of time depending on the individual 
needs of each manufacturer. Furthermore, these delayed compliance dates 
provide additional lead time and certainty for suppliers of components 
that improve efficiency. The adopted standard mitigates risks raised by 
AHAM and multiple manufacturers in response to the February 2023 NOPR 
regarding the ability for VSC and VIP component suppliers to increase 
supply of these key components in the 3-year lead time required by 
EPCA.
    After considering the analysis and weighing the benefits and 
burdens, the Secretary concluded that the adopted standard for 
refrigerators, refrigerator-freezers, and freezers was economically 
justified. At this standard level, DOE estimated that the average LCC 
savings were positive for all product classes for which an amended 
standard was considered. An estimated 24.4 percent of all refrigerator, 
refrigerator-freezer, and freezer consumers would experience a net 
cost. An estimated 9 percent of low-income households with a top-mount 
or single-door refrigerator-freezer (represented by PC 3 and used by 72 
percent of low-income households) and 0.6 percent of low-income 
households with a side-by-side refrigerator-freezer (represented by PC 
7 and used by 19 percent of low-income households), would experience a 
net cost, which is a significantly lower percentage than under higher 
considered standard levels. DOE noted that for low-income PC 7 
consumers, as well as across all PC 7 consumers, the adopted standard 
level represents the largest average LCC savings of any considered 
standard level. The full-fuel cycle (``FFC'') national energy savings 
are significant and the NPV of consumer benefits is positive at the 
adopted standard level using both a 3-percent and 7-percent discount 
rate. Notably, DOE found that the benefits to consumers would vastly 
outweigh the cost to manufacturers. At the adopted standard level, DOE 
estimated the NPV of consumer benefits, even measured at the more 
conservative discount rate of 7 percent is over 17 times higher than 
the maximum estimated manufacturers' loss in INPV. DOE found the 
adopted standard levels were economically justified even without 
weighing the estimated monetary value of emissions reductions. When 
those emissions reductions were included--representing $5.02 billion in 
climate benefits (associated with the average SC-GHG at a 3-percent 
discount rate), and $9.80 billion (using a 3-percent discount rate) or 
$3.45 billion (using a 7-percent discount rate) in health benefits--the 
rationale became stronger still.
    In summary, DOE determined that the adopted energy conservation 
standards as recommended in the Joint Agreement would result in 
significant energy savings and are technologically feasible and 
economically justified as required under 42 U.S.C. 6295(o) and provided 
supporting analysis. 89 FR 3026, 3078-3109. DOE notes that the State 
AGs did not provide any specific comments on the benefits and burdens 
of the adopted standards beyond emissions, and as noted previously, DOE 
would have reached the same conclusion that the adopted standard levels 
were economically justified without considering the social cost of 
greenhouse gases. DOE has determined that the comment provided by the 
State AGs does not provide a reasonable basis for withdrawal of the 
January 2024 Direct Final Rule.

I. Product Class Definitions

    In response to the January 2024 Direct Final Rule, Joint Commenters 
pointed out that the description of product class 7-BI as listed in 
Table 2 to Paragraph (a)(2) of the January 2024 Direct Final Rule (pg. 
3315) and the subsequent updates to the regulatory text in 10 CFR 
430.32 include a typographical error. (Joint Commenters, No. 121 at p. 
4) This original description of product class 7-BI from the DFR as well 
as the corrected version as amended in this confirmation document are 
shown in Table III.2.

            Table III.2--Product Class Description Correction
------------------------------------------------------------------------
                             Description as        Correct description
      Product class         stated in the DFR     (correction in bold)
------------------------------------------------------------------------
7-BI....................  Built-In              Built-In Refrigerator-
                           Refrigerator-         freezers--automatic
                           freezers--automatic   defrost with side-
                           defrost with side-    mounted freezer with
                           mounted freezer.      through-the-door ice
                                                 service.
------------------------------------------------------------------------

    DOE acknowledges that the description as currently found in the 
January 2024 Direct Final Rule inadvertently left off part of the 
definition for product class 7-BI. In correcting the description of 
product class 7-BI in this confirmation document, DOE is aligning the 
product class description with the intent of the January 2024 Direct 
Final Rule as well as the description found in previous rulemakings. 
Specifically, DOE notes that Table 1 to Paragraph (a)(1) of the January 
2024 Direct Final Rule (pg. 3314), which lists the standards adopted in 
2014, lists the correct description for product class 7-BI. Because 
this amendment is a clarifying correction and makes no substantive 
changes to the January 2024 Direct Final Rule, the changes addressed in 
this document are technical in nature.
    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the January 2024 Direct 
Final Rule remain unchanged for this final rule technical correction. 
These determinations are set forth in the

[[Page 50215]]

January 2024 Direct Final Rule. 89 FR 3026.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), DOE finds that there is good cause to not issue a 
separate notice to solicit public comment on the changes contained in 
this document. Issuing a separate notice to solicit public comment 
would be impracticable, unnecessary, and contrary to the public 
interest. Neither the errors nor the corrections in this document 
affect the substance of the January 2024 Direct Final Rule or any of 
the conclusions reached in support of the direct final rule. Providing 
prior notice and an opportunity for public comment on correcting 
objective, typographical errors that do not change the substance of the 
test procedure serves no useful purpose.
    Further, this rule correcting a regulatory text error makes non-
substantive changes to the test procedure. As such, this rule is not 
subject to the 30-day delay in effective date requirement of 5 U.S.C. 
553(d) otherwise applicable to rules that make substantive changes.

J. Impact of Any Lessening of Competition

    EPCA directs DOE to consider any lessening of competition that is 
likely to result from new or amended standards. (42 U.S.C. 
629(p)(4)(A)(i) and (C)(i)(II); 42 U.S.C. 6295(o)(2)(B)(i)(V)) It also 
directs the Attorney General of the United States (``Attorney 
General'') to determine the impact, if any, of any lessening of 
competition likely to result from a proposed standard and to transmit 
such determination to the Secretary within 60 days of the publication 
of a proposed rule, together with an analysis of the nature and extent 
of the impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) To assist 
the Attorney General in making this determination, DOE provided the 
Department of Justice (``DOJ'') with copies of the January 2024 Direct 
Final Rule, the corresponding NOPR, and the January 2024 Direct Final 
Rule TSD for review. DOE has published DOJ's comments at the end of 
this document.
    In its letter responding to DOE, DOJ concluded that, based on its 
review, the proposed energy conservation standards for refrigerators, 
refrigerator-freezers, and freezers are unlikely to have a significant 
adverse impact on competition.

IV. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act of 1969 
(``NEPA''), DOE had analyzed the direct final rule in accordance with 
NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE 
has determined that this rule qualifies for categorical exclusion under 
10 CFR part 1021, subpart D, appendix B5.1 because it is a rulemaking 
that establishes energy conservation standards for consumer products or 
industrial equipment, none of the exceptions identified in B5.1(b) 
apply, no extraordinary circumstances exist that require further 
environmental analysis, and it meets the requirements for application 
of a categorical exclusion. See 10 CFR 1021.410. Therefore, DOE has 
determined that promulgation of this direct final rule is not a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of NEPA and does not require an 
environmental assessment or an environmental impact statement.

V. Conclusion

    In summary, based on the previous discussion, DOE has determined 
that the comments received in response to the direct final rule for new 
energy conservation standards for refrigerators, refrigerator-freezers, 
and freezers do not provide a reasonable basis for withdrawal of the 
direct final rule. As a result, the energy conservation standards set 
forth in the direct final rule became effective on May 16, 2024. 
Compliance with these standards is required on and after January 31, 
2029, or January 31, 2030, depending on product class.

Signing Authority

    This document of the Department of Energy was signed on June 7, 
2024, by Jeffrey Marootian, Principal Deputy 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 June 7, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, DOE amends part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, by making the following technical correction:

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.  430.32 by revising paragraph (a) to read as follows:


 Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (a) Refrigerators/refrigerator-freezers/freezers. These standards 
do not apply to refrigerators and refrigerator-freezers with total 
refrigerated volume exceeding 39 cubic feet (1104 liters) or freezers 
with total refrigerated volume exceeding 30 cubic feet (850 liters). 
The energy standards as determined by the equations of the following 
table(s) shall be rounded off to the nearest kWh per year. If the 
equation calculation is halfway between the nearest two kWh per year 
values, the standard shall be rounded up to the higher of these values.
    (1) The following standards apply to products manufactured on or 
before September 15, 2014, and before the 2029/2030 compliance dates 
depending on product class (see paragraphs (a)(2) and (3) of this 
section).

[[Page 50216]]



                                           Table 1 to Paragraph (a)(1)
----------------------------------------------------------------------------------------------------------------
                                                        Equations for maximum energy use (kWh/yr)
             Product class             -------------------------------------------------------------------------
                                                based on AV (ft\3\)                    based on av (L)
----------------------------------------------------------------------------------------------------------------
1. Refrigerators and refrigerator-      7.99AV + 225.0.....................  0.282av + 225.0.
 freezers with manual defrost.
1A. All-refrigerators--manual defrost.  6.79AV + 193.6.....................  0.240av + 193.6.
2. Refrigerator-freezers--partial       7.99AV + 225.0.....................  0.282av + 225.0.
 automatic defrost.
3. Refrigerator-freezers--automatic     8.07AV + 233.7.....................  0.285av + 233.7.
 defrost with top-mounted freezer
 without an automatic icemaker.
3-BI. Built-in refrigerator-freezer--   9.15AV + 264.9.....................  0.323av + 264.9.
 automatic defrost with top-mounted
 freezer without an automatic icemaker.
3I. Refrigerator-freezers--automatic    8.07AV + 317.7.....................  0.285av + 317.7.
 defrost with top-mounted freezer with
 an automatic icemaker without through-
 the-door ice service.
3I-BI. Built-in refrigerator-freezers-- 9.15AV + 348.9.....................  0.323av + 348.9.
 automatic defrost with top-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
3A. All-refrigerators--automatic        7.07AV + 201.6.....................  0.250av + 201.6.
 defrost.
3A-BI. Built-in All-refrigerators--     8.02AV + 228.5.....................  0.283av + 228.5.
 automatic defrost.
4. Refrigerator-freezers--automatic     8.51AV + 297.8.....................  0.301av + 297.8.
 defrost with side-mounted freezer
 without an automatic icemaker.
4-BI. Built-In Refrigerator-freezers--  10.22AV + 357.4....................  0.361av + 357.4.
 automatic defrost with side-mounted
 freezer without an automatic icemaker.
4I. Refrigerator-freezers--automatic    8.51AV + 381.8.....................  0.301av + 381.8.
 defrost with side-mounted freezer
 with an automatic icemaker without
 through-the-door ice service.
4I-BI. Built-In Refrigerator-freezers-- 10.22AV + 441.4.2..................  0.361av + 441.4.
 automatic defrost with side-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
5. Refrigerator-freezers--automatic     8.85AV + 317.0.....................  0.312av + 317.0.
 defrost with bottom-mounted freezer
 without an automatic icemaker.
5-BI. Built-In Refrigerator-freezers--  9.40AV + 336.9.....................  0.332av + 336.9.
 automatic defrost with bottom-mounted
 freezer without an automatic icemaker.
5I. Refrigerator-freezers--automatic    8.85AV + 401.0.....................  0.312av + 401.0.
 defrost with bottom-mounted freezer
 with an automatic icemaker without
 through-the-door ice service.
5I-BI. Built-In Refrigerator-freezers-- 9.40AV + 420.9.....................  0.332av + 420.9.
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker
 without through-the-door ice service.
5A. Refrigerator-freezer--automatic     9.25AV + 475.4.....................  0.327av + 475.4.
 defrost with bottom-mounted freezer
 with through-the-door ice service.
5A-BI. Built-in refrigerator-freezer--  9.83AV + 499.9.....................  0.347av + 499.9.
 automatic defrost with bottom-mounted
 freezer with through-the-door ice
 service.
6. Refrigerator-freezers--automatic     8.40AV + 385.4.....................  0.297av + 385.4.
 defrost with top-mounted freezer with
 through-the-door ice service.
7. Refrigerator-freezers--automatic     8.54AV + 432.8.....................  0.302av + 431.1.
 defrost with side-mounted freezer
 with through-the-door ice service.
7-BI. Built-In Refrigerator-freezers--  10.25AV + 502.6....................  0.362av + 502.6.
 automatic defrost with side-mounted
 freezer with through-the-door ice
 service.
8. Upright freezers with manual         5.57AV + 193.7.....................  0.197av + 193.7.
 defrost.
9. Upright freezers with automatic      8.62AV + 228.3.....................  0.305av + 228.3.
 defrost without an automatic icemaker.
9I. Upright freezers with automatic     8.62AV + 312.3.....................  0.305av + 312.3.
 defrost with an automatic icemaker.
9-BI. Built-In Upright freezers with    9.86AV + 260.9.....................  0.348av + 260.6.
 automatic defrost without an
 automatic icemaker.
9I-BI. Built-In Upright freezers with   9.86AV + 344.9.....................  0.348av + 344.9.
 automatic defrost with an automatic
 icemaker.
10. Chest freezers and all other        7.29AV + 107.8.....................  0.257av + 107.8.
 freezers except compact freezers.
10A. Chest freezers with automatic      10.24AV + 148.1....................  0.362av + 148.1.
 defrost.
11. Compact refrigerators and           9.03AV + 252.3.....................  0.319av + 252.3.
 refrigerator-freezers with manual
 defrost.
11A.Compact refrigerators and           7.84AV + 219.1.....................  0.277av + 219.1.
 refrigerator-freezers with manual
 defrost.
12. Compact refrigerator-freezers--     5.91AV + 335.8.....................  0.209av + 335.8.
 partial automatic defrost.
13. Compact refrigerator-freezers--     11.80AV + 339.2....................  0.417av + 339.2.
 automatic defrost with top-mounted
 freezer.
13I. Compact refrigerator-freezers--    11.80AV + 423.2....................  0.417av + 423.2.
 automatic defrost with top-mounted
 freezer with an automatic icemaker.
13A. Compact all-refrigerator--         9.17AV + 259.3.....................  0.324av + 259.3.
 automatic defrost.
14. Compact refrigerator-freezers--     6.82AV + 456.9.....................  0.241av + 456.9.
 automatic defrost with side-mounted
 freezer.
14I. Compact refrigerator-freezers--    6.82AV + 540.9.....................  0.241av + 540.9.
 automatic defrost with side-mounted
 freezer with an automatic icemaker.
15. Compact refrigerator-freezers--     11.80AV + 339.2....................  0.417av + 339.2.
 automatic defrost with bottom-mounted
 freezer.
15I. Compact refrigerator-freezers--    11.80AV + 423.2....................  0.417av + 423.2.
 automatic defrost with bottom-mounted
 freezer with an automatic icemaker.
16. Compact upright freezers with       8.65AV + 225.7.....................  0.306av + 225.7.
 manual defrost.
17. Compact upright freezers with       10.17AV + 351.9....................  0.359av + 351.9.
 automatic defrost.
18. Compact chest freezers............  9.25AV + 136.8.....................  0.327av + 136.8.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in appendices A and B to subpart B of this part.
av = Total adjusted volume, expressed in Liters.


[[Page 50217]]

    (2) The following standards apply to products manufactured on or 
after January 31, 2029.

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------
                                  Equations for maximum energy use (kWh/
                                                    yr)
          Product class          ---------------------------------------
                                      Based on AV
                                        (ft\3\)         Based on av (L)
------------------------------------------------------------------------
3-BI. Built-in refrigerator-      8.24AV + 238.4 +    0.291av + 238.4 +
 freezer--automatic defrost with   28I.                28I.
 top-mounted freezer.
3A-BI. Built-in All-              (7.22AV + 205.7) *  (0.255av + 205.7)
 refrigerators--automatic          K3ABI.              * K3ABI.
 defrost.
4-BI. Built-In Refrigerator-      (8.79AV + 307.4) *  (0.310av + 307.4)
 freezers--automatic defrost       K4BI + 28I.         * K4BI + 28I.
 with side-mounted freezer.
5-BI. Built-In Refrigerator-      (8.65AV + 309.9) *  (0.305av + 309.9)
 freezers--automatic defrost       K5BI + 28I.         * K5BI + 28I.
 with bottom-mounted freezer.
5A. Refrigerator-freezer--        (7.76AV + 351.9) *  (0.274av + 351.9)
 automatic defrost with bottom-    K5A.                * K5A.
 mounted freezer with through-
 the-door ice service.
5A-BI. Built-in refrigerator-     (8.21AV + 370.7) *  (0.290av + 370.7)
 freezer--automatic defrost with   K5ABI.              * K5ABI.
 bottom-mounted freezer with
 through-the-door ice service.
7-BI. Built-In Refrigerator-      (8.82AV + 384.1) *  (0.311av + 384.1)
 freezers--automatic defrost       K7BI.               * K7BI.
 with side-mounted freezer with
 through-the-door ice service.
8. Upright freezers with manual   5.57AV + 193.7....  0.197av + 193.7.
 defrost.
9-BI. Built-In Upright freezers   (9.37AV + 247.9) *  (0.331av + 247.9)
 with automatic defrost.           K9BI + 28I.         * K9BI + 28I.
9A-BI. Built-In Upright freezers  9.86AV + 288.9....  0.348av + 288.9.
 with automatic defrost with
 through-the-door ice service.
10. Chest freezers and all other  7.29AV + 107.8....  0.257av + 107.8.
 freezers except compact
 freezers.
10A. Chest freezers with          10.24AV + 148.1...  0.362av + 148.1.
 automatic defrost.
11. Compact refrigerator-         7.68AV + 214.5....  0.271av + 214.5.
 freezers and refrigerators
 other than all-refrigerators
 with manual defrost.
11A. Compact all-refrigerators--  6.66AV + 186.2....  0.235av + 186.2.
 manual defrost.
12. Compact refrigerator-         (5.32AV + 302.2) *  (0.188av + 302.2)
 freezers--partial automatic       K12.                * K12.
 defrost.
13. Compact refrigerator-         10.62AV + 305.3 +   0.375av + 305.3 +
 freezers--automatic defrost       28I.                28I.
 with top-mounted freezer.
13A. Compact all-refrigerators--  (8.25AV + 233.4) *  (0.291av + 233.4)
 automatic defrost.                K13A.               * K13A.
14. Compact refrigerator-         6.14AV + 411.2 +    0.217av + 411.2 +
 freezers--automatic defrost       28I.                28I.
 with side-mounted freezer.
15. Compact refrigerator-         10.62AV + 305.3 +   0.375av + 305.3 +
 freezers--automatic defrost       28I.                28I.
 with bottom-mounted freezer.
16. Compact upright freezers      7.35AV + 191.8....  0.260av + 191.8.
 with manual defrost.
17. Compact upright freezers      9.15AV + 316.7....  0.323av + 316.7.
 with automatic defrost.
18. Compact chest freezers......  7.86AV + 107.8....  0.278av + 107.8.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendices A and B to subpart B of this part.
av = Total adjusted volume, expressed in Liters.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker. Door Coefficients (e.g., K3ABI) are as
  defined in the following table.


                                           Table 3 to Paragraph (a)(2)
----------------------------------------------------------------------------------------------------------------
                                                        Products without a   Products without a transparent door
         Door coefficient            Products with a     transparent door    or door-in-door with added external
                                    transparent door    with a door-in-door                 doors
----------------------------------------------------------------------------------------------------------------
K3ABI............................                1.10                   1.0  1.0.
K4BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5A..............................                1.10                  1.06  1 + 0.02 * (Nd-3).
K5ABI............................                1.10                  1.06  1 + 0.02 * (Nd-3).
K7BI.............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K9BI.............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
K12..............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
K13A.............................                1.10                   1.0  1.0.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Nd is the number of external doors.
\2\ The maximum Nd values are 2 for K12, 3 for K9BI, and 5 for all other K values.

    (3) The following standards apply to products manufactured on or 
after January 31, 2030.

[[Page 50218]]



                       Table 4 to Paragraph (a)(3)
------------------------------------------------------------------------
                                  Equations for maximum energy use (kWh/
                                                    yr)
          Product class          ---------------------------------------
                                      Based on AV
                                        (ft\3\)         Based on av (L)
------------------------------------------------------------------------
1. Refrigerator-freezers and      6.79AV + 191.3....  0.240av + 191.3.
 refrigerators other than all-
 refrigerators with manual
 defrost.
1A. All-refrigerators--manual     5.77AV + 164.6....  0.204av + 164.6.
 defrost.
2. Refrigerator-freezers--        (6.79AV + 191.3) *  (0.240av + 191.3)
 partial automatic defrost.        K2.                 * K2.
3. Refrigerator-freezers--        6.86AV + 198.6 +    0.242av + 198.6 +
 automatic defrost with top-       28I.                28I.
 mounted freezer.
3A. All-refrigerators--automatic  (6.01AV + 171.4) *  (0.212av + 171.4)
 defrost.                          K3A.                * K3A.
4. Refrigerator-freezers--        (7.28AV + 254.9) *  (0.257av + 254.9)
 automatic defrost with side-      K4 + 28I.           * K4 + 28I.
 mounted freezer.
5. Refrigerator-freezers--        (7.61AV + 272.6) *  (0.269av + 272.6)
 automatic defrost with bottom-    K5 + 28I.           * K5 + 28I.
 mounted freezer.
6. Refrigerator-freezers--        7.14AV + 280.0....  0.252av + 280.0.
 automatic defrost with top-
 mounted freezer with through-
 the-door ice service.
7. Refrigerator-freezers--        (7.31AV + 322.5) *  (0.258av + 322.5)
 automatic defrost with side-      K7.                 * K7.
 mounted freezer with through-
 the-door ice service.
9. Upright freezers with          (7.33AV + 194.1) *  (0.259av + 194.1)
 automatic defrost.                K9 + 28I.           * K9 + 28I.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendices A and B to subpart B of this part.
av = Total adjusted volume, expressed in Liters.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker. Door Coefficients (e.g., K3A) are as
  defined in the following table.


                                           Table 5 to Paragraph (a)(3)
----------------------------------------------------------------------------------------------------------------
                                                        Products without a   Products without a transparent door
         Door coefficient            Products with a     transparent door    or door-in-door with added external
                                    transparent door    with a door-in-door                 doors
----------------------------------------------------------------------------------------------------------------
K2...............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
K3A..............................                1.10                   1.0  1.0.
K4...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K5...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K7...............................                1.10                  1.06  1 + 0.02 * (Nd-2).
K9...............................                 1.0                   1.0  1 + 0.02 * (Nd-1).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Nd is the number of external doors.
\2\ The maximum Nd values are 2 for K2, and 5 for all other K values.

* * * * *

    Note:  The following appendix will not appear in the Code of 
Federal Regulations.

Appendix A

March 18, 2024

Ami Grace-Tardy
Assistant General Counsel for
Legislation, Regulation and Energy Efficiency
U.S. Department of Energy
Washington, DC 20585
[email protected]

Re: Energy Conservation Standards for Consumer Refrigerators, 
Refrigerator-Freezers, and Freezers, DOE Docket No. EERE-2017-BT-
STD-0003

Dear Assistant General Counsel Grace-Tardy:

    I am responding to your January 18, 2024 letter seeking the 
views of the Attorney General about the potential impact on 
competition of proposed energy conservation standards for 
refrigerators, refrigerator-freezers, and freezers.
    Your request was submitted under Section 325(o)(2)(B)(i)(V) of 
the Energy Policy and Conservation Act, as amended (EPCA), 42 U.S.C. 
6295(o)(2)(B)(i)(V), which requires the Attorney General to make a 
determination of the impact of any lessening of competition likely 
to result from the imposition of proposed energy conservation 
standards. The Attorney General's responsibility for responding to 
requests from other departments about the effect of a program on 
competition has been delegated to the Assistant Attorney General for 
the Antitrust Division in 28 CFR 0.40(g). The Assistant Attorney 
General for the Antitrust Division has authorized me, as the Policy 
Director for the Antitrust Division, to provide the Antitrust 
Division's views regarding the potential impact on competition of 
proposed energy conservation standards on his behalf.
    In conducting its analysis, the Antitrust Division examines 
whether a proposed standard may lessen competition, for example, by 
substantially limiting consumer choice, by placing certain 
manufacturers at an unjustified competitive disadvantage, or by 
inducing avoidable inefficiencies in production or distribution of 
particular products. A lessening of competition could result in 
higher prices to manufacturers and consumers.
    We have reviewed the proposed standard contained in the Notice 
of proposed rulemaking and the related Technical Support Document. 
We have also reviewed public comments and information provided by 
industry participants.
    Based on this review, our conclusion is that the proposed energy 
conservation standards for refrigerators, refrigerator-freezers, and 
freezers are unlikely to have a significant adverse impact on 
competition.

Sincerely,
/s/
David G.B. Lawrence,
Policy Director.

[FR Doc. 2024-12893 Filed 6-12-24; 8:45 am]
BILLING CODE 6450-01-P