7846 Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations 
(1) Compartment volume used to 
determine product category shall be, for 
each compartment, the mean of the volumes of that specific compartment for the sample of tested units of the basic model, measured according to the provisions in section 4.1 of appendix A of subpart B of part 430 of this chapter, or, for each compartment, the volume of that specific compartment calculated for the basic model in accordance with § 429.72(d). 
(2) For compartments other than 
cooler compartments, determination of the compartment temperature ranges shall be based on operation of the product under the conditions specified in appendix A to subpart B of part 430 of this chapter for miscellaneous refrigeration products. The determination of compartment status may require evaluation of a model at the extremes of the range of user-selectable temperature control settings. If the temperature ranges for the same compartment of multiple units of a sample are different, the maximum and minimum compartment temperatures for compartment status determination shall be based on the mean measurements for the units in the sample. 
[FR Doc. 2023–02198 Filed 2–6–23; 8:45 am] 
BILLING CODE 6450–01–P 
DEPARTMENT OF ENERGY 
10 CFR Part 430 
[EERE–2021–BT–TP–0023] 
RIN 1904–AF18 
Energy Conservation Program: Test 
Procedure for Cooking Products; Correction 
AGENCY : Office of Energy Efficiency and 
Renewable Energy, Department of Energy. 
ACTION : Correcting amendments. 
SUMMARY : On August 22, 2022, the U.S. 
Department of Energy (‘‘DOE’’) published a final rule adopting test procedures for a category of cooking products, i.e., conventional cooking 
tops. This document corrects errors and omissions in that final rule. Neither the errors and omissions nor the corrections affect the substance of the rulemaking or any conclusions reached in support of the final rule. 
DATES : Effective February 7, 2023. 
FOR FURTHER INFORMATION CONTACT : 
Dr. Carl Shapiro, 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– 5649. Email: ApplianceStandardsQuestions@ee.doe.gov. 
Ms. Melanie Lampton, U.S. 
Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (240) 751– 5157. Email: Melanie.Lampton@hq.doe.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
On August 22, 2022, DOE published 
a final rule (‘‘August 2022 Final Rule’’) establishing a test procedure for cooking tops at title 10 of the Code of Federal Regulations (‘‘CFR’’) part 430, subpart B, appendix I1 (‘‘appendix I1’’). 87 FR 51492. Since publication of the August 2022 Final Rule, DOE has identified errors and omissions in the regulatory text. DOE is issuing this rule to correct certain technical errors and omissions in the August 2022 Final Rule, specifically in appendix I1 of 10 CFR part 430, and to assist regulated entities with compliance efforts. 
In Table 3.1 of the regulatory text of 
the August 2022 Final Rule, the first column (i.e., Minimum nominal gas 
burner input rate) was erroneously labeled with a ‘‘less than’’ sign (), as it was labeled in Table III.2 in the preamble of the August 2022 Final Rule. 87 FR 51514, 51542. This notice corrects the typographical error. 
Additionally, DOE discussed that it 
was finalizing its proposal to normalize the energy use of the minimum-above- threshold cycle to represent an Energy Test Cycle with a final water temperature of exactly 90 degrees Celsius as proposed in the November 4, 2022 Notice of Proposed Rulemaking. 87 FR 51510–51511; See also 86 FR 60974. However, section 4.1.1.2.2 of appendix I1 as codified in the August 2022 Final Rule inadvertently performs this normalization on the gas volume consumption (represented by the symbol ‘‘V’’) rather than on the gas energy consumption (represented by the symbol ‘‘Eg’’). Subsequently, the equation for calculating per-cycle active mode gas energy consumption in section 4.1.1.2.4 of appendix I1 as codified by the August 2022 Final Rule uses the normalized gas volume consumption calculated in section 4.1.1.2.2 (multiplied by the gas correction factor ‘‘CF’’ and the heating value of the gas ‘‘H’’ to determine gas energy consumption). In this notice, DOE is correcting section 4.1.1.2.2 of appendix I1 to calculate the normalized gas energy consumption rather than gas 
volume consumption; accordingly, DOE is also correcting section 4.1.1.2.4 to use the normalized gas energy consumption value calculated in section 4.1.1.2.2. 
Finally, as codified by the August 
2022 Final Rule, section 3.3.1.1 of appendix I1 specifies recording the higher heating value (‘‘H’’) for the natural gas or propane supply. A complete test of a conventional gas cooking top typically includes multiple test cycles on each cooking zone (e.g., the minimum-above-threshold cycle and maximum-below-threshold cycle), and the higher heating value may differ for each test cycle. The higher heating value is used in the equation in section 4.1.1.2.2 as corrected by this final rule. DOE has determined that the current instruction in section 3.3.1.1 may not provide sufficient clarity that the value of H must be recorded for each test cycle for each cooking zone. Therefore, DOE is adding language in section 3.3.1.1 of appendix I1 to specify recording the 
higher heating value of the gas ‘‘for each test.’’ 
II. Need for Correction 
As published, the regulatory text in 
August 2022 Final Rule may lead to 
inaccurately calculated test results due to omitted language and the use of incorrect symbols and formulas. Because this final rule would simply correct errors and omissions in the text without making substantive changes in the August 2022 Final Rule, the changes addressed in this document are technical in nature. 
III. Procedural Issues and Regulatory 
Review 
DOE has concluded that the 
determinations made pursuant to the various procedural requirements applicable to the August 2022 Final Rule remain unchanged for these final rule technical corrections. These determinations are set forth in the August 2022 Final Rule. 87 FR 51492, 51533–51537. 
Pursuant to the Administrative 
Procedure Act, 5 U.S.C. 553(b), DOE finds that there is good cause to not issue a separate notice to solicit public comment on those technical corrections contained in this document. Issuing a separate notice to solicit public comment would be impracticable, unnecessary, and contrary to the public interest. As explained previously, the corrections in this document do not affect the substance of or any of the conclusions reached in support of the August 2022 Final Rule. Additionally, given the August 2022 Final Rule is a product of an extensive administrative 
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record with numerous opportunities for 
public comment, DOE finds additional comment on the technical corrections is unnecessary. Therefore, providing prior notice and an opportunity for public comment on correcting objective errors and omissions that do not change the substance of the test procedure serves no useful purpose. 
Further, this rule correcting errors and 
omissions makes non-substantive changes to the test procedure in the August 2022 Final Rule. 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. 
List of Subjects in 10 CFR Part 430 
Administrative practice and 
procedure, Confidential business, 
Energy conservation, Household appliances, Imports, Intergovernmental relations, Small businesses. 
Signing Authority 
This document of the Department of 
Energy was signed on January 30, 2023, 
by Francisco Alejandro Moreno, Acting Assistant Secretary for Energy Efficiency 
and Renewable Energy, U.S. Department of Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in 
no way alters the legal effect of this document upon publication in the Federal Register. 
Signed in Washington, DC, on January 30, 
2023. 
Treena V. Garrett, Federal Register Liaison Officer, U.S. 
Department of Energy. 
For the reasons stated in the 
preamble, DOE corrects part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal Regulations by making the following correcting amendments: PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 
■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. 
■2. Appendix I1 to subpart B of part 
430 is amended by: 
■a. Revising Table 3.1; 
■b. In section 3.3.1.1, removing the 
word ‘‘supply’’ wherever it appears, and adding in its place the words ‘‘supply, for each test’’; and 
■c. Revising sections 4.1.1.2.2 and 
4.1.1.2.4. 
The additions and revisions read as 
follows: 
Appendix I1 to Subpart B of Part 430— 
Uniform Test Method for Measuring the Energy Consumption of Conventional Cooking Products 
* * * * * 
3. * * * 
3.1.1.2.2 * * * 
TABLE 3.1—T ESTVESSEL SELECTION FOR CONVENTIONAL GASCOOKING TOPS 
Nominal gas burner 
input rate 
(Btu/h) Test vessel 
diameter 
(mm) Water load 
mass 
(g) Minimum 
(>) Maximum 
(≤) 
5,600 210 2,050 
5,600 8,050 240 2,700 
8,050 14,300 270 3,420 
14,300 ....................................................... 300 4,240 
* * * * * 
4. * * * 
4.1.1.2.2 Conventional gas cooking top 
per-cooking zone normalized active mode gas energy consumption. For each cooking zone, 
calculate the per-cooking zone normalized active mode gas energy consumption of a conventional gas cooking top, E
g, in Btu, 
using the following equation: Eg= Egt,ETC  
for cooking zones where an Energy Test 
Cycle was measured in section 3.1.4.5 of this appendix, and 
for cooking zones where a minimum-above- 
threshold cycle and a maximum-below- threshold cycle were measured in section 3.1.4.5 of this appendix. 
Where: 
E
gt,ETC = the as-tested gas energy 
consumption of the Energy Test Cycle for 
the cooking zone, in Btu, calculated as the product of: V, the gas consumption of the Energy Test Cycle, as determined in section 3.1.4.5 of this appendix, in cubic feet; CF, the gas correction factor to standard temperature and pressure for the test, as calculated in section 4.1.1.2.1 of this appendix; and H, either H
nor H p, 
the heating value of the gas used in the 
test as specified in sections 2.2.2.1 and 2.2.2.2 of this appendix, expressed in Btu per standard cubic foot of gas; 
E
gt,MAT = the as-tested gas energy 
consumption of the minimum-above- threshold power setting for the cooking zone, in Btu, calculated as the product of: V, the gas consumption of the minimum-above-threshold power setting, as determined in section 3.1.4.5 
of this appendix, in cubic feet; CF, the gas correction factor to standard temperature and pressure for the test, as calculated in section 4.1.1.2.1 of this 
appendix; and H, either H
nor H p, the 
heating value of the gas used in the test as specified in sections 2.2.2.1 and 2.2.2.2 of this appendix, expressed in Btu per standard cubic foot of gas; 
E
gt,MBT = the as-tested gas energy 
consumption of the maximum-below- threshold power setting for the cooking zone, in Btu, calculated as the product of: V, the gas consumption of the maximum-below-threshold power 
setting, as determined in section 3.1.4.5 of this appendix, in cubic feet; CF, the gas correction factor to standard 
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1See SR Letter 22–6, CA Letter 22–6: Engagement 
in Crypto-Asset-Related Activities by Federal 
Reserve-Supervised Banking Organizations (August 16, 2022) (providing guidance to banking organizations engaging or seeking to engage in crypto-asset-related activities). 
2Throughout this SUPPLEMENTARY INFORMATION , 
the term ‘‘crypto-assets’’ refers to digital assets issued using distributed ledger technology and cryptographic techniques (for example, bitcoin and ether), but does not include such assets to the extent they are more appropriately categorized within a recognized, traditional asset class (for example, securities with an effective registration statement filed under the Securities Act of 1933 that are issued, stored, or transferred through the system of a regulated clearing agency and in compliance with all applicable federal and state securities laws). To the extent transmission using distributed ledger technology and cryptographic techniques 
changes the risks of a traditional asset (for example, through issuance, storage, or transmission on an open, public, and/or decentralized network, or similar system), the Board reserves the right to treat it as a ‘‘crypto-asset.’’ 
3Board, FDIC, and OCC, Joint Statement on 
Crypto-Asset Risks to Banking Organizations, at 1 (January 3, 2023) (Joint Statement). In the Joint Statement, ‘‘crypto-assets’’ refers ‘‘generally to any digital asset implemented using cryptographic techniques.’’ The Board believes that these risks similarly apply to crypto-assets as defined in this 
SUPPLEMENTARY INFORMATION . See supra note 2. temperature and pressure for the test, as 
calculated in section 4.1.1.2.1 of this appendix; and H, either H
nor H p, the 
heating value of the gas used in the test as specified in sections 2.2.2.1 and 2.2.2.2 of this appendix, expressed in Btu per standard cubic foot of gas; 
T
S,MAT = the smoothened water temperature 
at the end of the minimum-above- threshold power setting test for the 
cooking zone, in degrees Celsius; and 
TS,MBT = the smoothened water temperature 
at the end of the maximum-below- threshold power setting test for the cooking zone, in degrees Celsius. 
* * * * * 4.1.1.2.4 Conventional gas cooking 
top per-cycle active mode gas energy 
consumption. Calculate the per-cycle active mode gas energy consumption of a conventional gas cooking top, E
CGG, in 
Btu, using the following equation: 
Where: 
n, m z, and 2853 are defined in section 
4.1.1.1.2 of this appendix; and 
Egz= the normalized gas energy consumption 
representative of the Energy Test Cycle 
for each cooking zone, as calculated in section 4.1.1.2.2 of this appendix, in Btu. 
* * * * * 
[FR Doc. 2023–02200 Filed 2–6–23; 8:45 am] 
BILLING CODE 6450–01–P 
FEDERAL RESERVE SYSTEM 
12 CFR Part 208 
[Docket No. R–1800] 
RIN 7100–AG–53 
Policy Statement on Section 9(13) of 
the Federal Reserve Act 
AGENCY : Board of Governors of the 
Federal Reserve System (Board). 
ACTION : Final rule. 
SUMMARY : The Board is issuing a policy 
statement interpreting section 9(13) of the Federal Reserve Act and setting out a rebuttable presumption that it will exercise its discretion under that provision to limit state member banks to engaging as principal in only those activities that are permissible for national banks—in each case, subject to the terms, conditions, and limitations placed on national banks with respect to the activity—unless those activities are permissible for state banks by federal statute or under part 362 of the Federal Deposit Insurance Corporation’s regulations. The policy statement also reiterates to state member banks that legal permissibility is a necessary, but not sufficient, condition to establish that a state member bank may engage in a particular activity. A state member bank must at all times conduct its business and exercise its powers with due regard to safety and soundness. For instance, it should have in place internal controls and information systems that are appropriate and adequate in light of the nature, scope, and risks of its activities. The 
SUPPLEMENTARY INFORMATION  
section provides examples of how the 
policy statement would be applied to certain crypto-asset-related activities. 
DATES : This policy statement is effective 
on February 7, 2023. 
FOR FURTHER INFORMATION CONTACT : 
Asad Kudiya, Assistant General Counsel, (202) 475–6358; Andrew Hartlage, Special Counsel, (202) 452– 6483; Kelley O’Mara, Senior Counsel, (202) 973–7497; or Katherine Di Lucido, Attorney, (202) 452–2352, Legal Division; Kavita Jain, Deputy Associate Director, (202) 452–2062, Division of Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and C Streets NW, Washington, DC 20551. For users of TTY–TRS, please call 711 from any telephone, anywhere in the United States. 
SUPPLEMENTARY INFORMATION : 
I. Background 
In recent years, the Board has 
received a number of inquiries, notifications, and proposals from state member banks and applicants for membership regarding potential engagement in novel and unprecedented activities.
1For example, the Board has 
received inquiries from banks regarding potentially engaging in certain activities involving crypto-assets.
2In January 2023, the Federal Deposit Insurance 
Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), and the Board issued a statement highlighting significant risks associated with crypto-assets and the crypto-asset sector that banking organizations should be aware of, including significant volatility in crypto-asset markets, risks of fraud among crypto-asset sector participants, legal uncertainties, and heightened risks associated with open, public, and/or decentralized networks.
3 
As part of its careful review of proposals from banking organizations to engage in activities involving crypto-assets, and in light of these risks, the Board is clarifying its interpretation of section 9(13) of the Federal Reserve Act (Act) and setting out a rebuttable presumption for how it will exercise its authority under that statutory provision. This Supplementary Information also provides examples of how the Board intends to apply this presumption in the context of certain crypto-asset-related activities. 
As expressed in the policy statement, 
the Board generally believes that the same bank activity, presenting the same risks, should be subject to the same regulatory framework, regardless of which agency supervises the bank. This principle of equal treatment helps to level the competitive playing field among banks with different charters and different federal supervisors, and to mitigate the risks of regulatory arbitrage. 
In alignment with this principle, the 
Board generally presumes that it will exercise its discretion under section 9(13) of the Act to limit state member 
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