[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79370-79374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22131]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-STD-0039]
RIN 1904-AF62


Energy Conservation Program: Energy Conservation Standards for 
Miscellaneous Refrigeration Products

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

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

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SUMMARY: The U.S. Department of Energy (``DOE'') published a direct 
final rule to establish new energy conservation standards for 
miscellaneous refrigeration products in the Federal Register on May 7, 
2024. DOE has determined that the comments received in response to the 
direct final rule are not adverse and, thus, 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 
May 7, 2024.

DATES: The technical correction in this document is effective September 
30, 2024.
    The effective date of September 4, 2024, for the direct final rule 
published May 7, 2024 (89 FR 38762) is confirmed. Compliance with the 
standards established in the direct final rule will be required on 
January 31, 2029.

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-2020-BT-STD-0039. 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: 
<a href="/cdn-cgi/l/email-protection#94d5e4e4f8fdf5faf7f1c7e0f5faf0f5e6f0e7c5e1f1e7e0fdfbfae7d4f1f1baf0fbf1baf3fbe2"><span class="__cf_email__" data-cfemail="266756564a4f4748454375524748424754425577534355524f4948556643430842494308414950">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#a0e1d0d0ccc9c1cec3c5f3d4c1cec4c1d2c4d3f1d5c5d3d4c9cfced3e0c5c58ec4cfc58ec7cfd6"><span class="__cf_email__" data-cfemail="f7b687879b9e96999492a48396999396859384a6829284839e989984b79292d9939892d9909881">[email protected]</span></a>.
    Ms. Kristin Koernig, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-4789. Email: 
<a href="/cdn-cgi/l/email-protection#016a73687275686f2f6a6e64736f68664169702f656e642f666e77"><span class="__cf_email__" data-cfemail="e8839a819b9c8186c683878d9a86818fa88099c68c878dc68f879e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. Miscellaneous Refrigeration Products Direct Final Rule
    A. Background
III. Comments on the Direct Final Rule
    A. General Comments
    B. Typographical Error Correction
IV. Impact of Any Lessening of Competition
V. Review Under the National Environmental Policy Act of 1969
VI. Conclusion

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 of Energy (``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))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
parts A and A-1 of EPCA.
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    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 the comments received in response to the direct 
final rule, DOE has determined that it did not receive any adverse 
comments providing a basis for withdrawal described above for the 
direct final rule that is the subject of this document. 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 customarily 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.

[[Page 79371]]

II. Miscellaneous Refrigeration Products Direct Final Rule

A. Background

    In a direct final rule published on October 28, 2016, DOE 
prescribed the current energy conservation standards for miscellaneous 
refrigeration products (``MREFs'') manufactured on and after October 
28, 2019. 81 FR 75194. These standards are set forth in DOE's 
regulations at 10 CFR 430.32(aa)(1) and (2). These standards are 
consistent with a negotiated term sheet submitted to DOE by interested 
parties representing manufacturers, energy and environmental advocates, 
and consumer groups.\2\
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    \2\ The negotiated term sheets are available in docket ID EERE-
2011-BT-STD-0043 on www.regulations.gov.
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    On March 31, 2023, DOE published a NOPR proposing to establish 
amended standards for MREFs. 88 FR 19382.
    On September 25, 2023, DOE received a joint statement (``Joint 
Agreement'') recommending standards for MREFs that was submitted 
jointly by groups representing manufacturers, energy and environmental 
advocates, consumer groups, and a utility.\3\ In addition to the 
recommended standards for MREFs, the Joint Agreement also included 
separate recommendations for several other covered products.\4\ The 
amended standard levels recommended in the Joint Agreement for MREFs, 
which are expressed in terms of kilowatt hours per year (``kWh/yr''), 
are presented in table II.1. Details of the Joint Agreement 
recommendations for other products are provided in the Joint Agreement 
posted in the docket for this rulemaking.\5\
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    \3\ The signatories to the Joint Agreement include the 
association of Home Appliance Manufacturers (``AHAM''), 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; LGEUSA; 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 
Middleby Corporation; U-Line Corporation; Viking Range, LLC; and 
Whirlpool.
    \4\ 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.
    \5\ The Joint Agreement is available in the docket at: 
www.regulations.gov/document/EERE-2020-BT-STD-0039-0034.

     Table II.1--Recommended Amended Energy Conservation Standards for Miscellaneous Refrigeration Products
----------------------------------------------------------------------------------------------------------------
            Product class                   Level  (based on AV (ft\3\))                Compliance date
----------------------------------------------------------------------------------------------------------------
1. Freestanding Compact Coolers (FCC)  5.52AV + 109.1........................  January 31, 2029.
2. Freestanding Coolers (FC).........  5.52AV + 109.1........................  January 31, 2029.
3. Built-in Compact Coolers (BICC)...  5.52AV + 109.1........................  January 31, 2029.
4. Built-in Coolers (BIC)............  6.30AV + 124.6........................  January 31, 2029.
C-3A. Cooler with all-refrigerator--   4.11AV + 117.4........................  January 31, 2029.
 automatic defrost.
C-3A-BI. Built-in cooler with all-     4.67AV + 133.0........................  January 31, 2029.
 refrigerator--automatic defrost.
C-5-BI. NEW PRODUCT CLASS: Built-in    5.47AV + 196.2 + 28I..................  January 31, 2029.
 cooler with refrigerator-freezer--
 automatic defrost with bottom-
 mounted freezer.
C-9. Cooler with upright freezer with  5.58AV + 147.7 + 28I..................  January 31, 2029.
 automatic defrost without an
 automatic icemaker.
C-9-BI. Built-in cooler with upright   6.38AV + 168.8 + 28I..................  January 31, 2029.
 freezer with automatic defrost
 without an automatic icemaker.
C-13A. Compact cooler with all-        4.74AV + 155.0........................  January 31, 2029.
 refrigerator--automatic defrost.
C-13A-BI. Built-in compact cooler      5.22AV + 170.5........................  January 31, 2029.
 with all-refrigerator--automatic
 defrost.
----------------------------------------------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in appendices A and B of subpart B of 10 CFR part
  430.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.

    After carefully considering the recommended energy conservation 
standards for MREFs 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 May 7, 2024 (``May 2024 Direct Final 
Rule''). 89 FR 38762. 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. Id. at 89 
FR 38763-38770. Accordingly, DOE adopted the recommended efficiency 
levels for MREFs as the amended standard levels in the May 2024 Direct 
Final Rule. Id. at 89 FR 38828.
    The standards adopted in the May 2024 Direct Final Rule apply to 
product classes listed in table II.2 and manufactured in, or imported 
into, the United States starting on January 31, 2029. The May 2024 
Direct Final Rule provides a detailed discussion of DOE's analysis of 
the benefits and burdens of the amended standards pursuant to the 
criteria set forth in EPCA. Id. at 89 FR 38803-38831.

[[Page 79372]]



           Table II.2--Energy Conservation Standards for MREFs
               [Compliance starting January 31, 2029] \6\
------------------------------------------------------------------------
                                      Equations for maximum energy use
                                                  (kWh/yr)
     Product class  (``PC'')      --------------------------------------
                                            Based on AV (ft\3\)
------------------------------------------------------------------------
1. Freestanding Compact Coolers    5.52AV + 109.1.
 (FCC).
2. Freestanding Coolers (FC).....  5.52AV + 109.1.
3. Built-in Compact Coolers        5.52AV + 109.1.
 (BICC).
4. Built-in Coolers (BIC)........  6.30AV + 124.6.
C-3A. Cooler with all-             4.11AV + 117.4.
 refrigerator--automatic defrost.
C-3A-BI. Built-in cooler with all- 4.67AV + 133.0.
 refrigerator--automatic defrost.
C-5-BI. Built-in cooler with       5.47AV + 196.2 + 28I.
 refrigerator-freezer--automatic
 defrost with bottom-mounted
 freezer.
C-9. Cooler with upright freezer   5.58AV + 147.7 + 28I.
 with automatic defrost.
C-9-BI. Built-in cooler with       6.38AV + 168.8 + 28I.
 upright freezer with automatic
 defrost.
C-13A. Compact cooler with all-    4.74AV + 155.0.
 refrigerator--automatic defrost.
C-13A-BI. Built-in compact cooler  5.22AV + 170.5.
 with all-refrigerator--automatic
 defrost.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendices A and B of subpart B of 10 CFR part 430.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker.

    As required by EPCA, DOE also simultaneously published a NOPR 
proposing the identical standard levels contained in the May 2024 
Direct Final Rule. 89 FR 38803. DOE then considered whether any comment 
received during the 110-day comment period following the publication of 
the May 2024 Direct Final Rule was adverse and provided a reasonable 
basis for withdrawal of the direct final rule under the provisions in 
42 U.S.C. 6295(p)(4)(C).
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    \6\ This table corrects typographical errors in the May 2024 
Direct Final Rule in the product class descriptions for product 
classes C-9 and C-9-BI, as discussed further in section III.B of 
this document.
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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 May 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 May 2024 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                  Comment
           Commenter(s)                    Abbreviation          No. in the             Commenter type
                                                                   docket
----------------------------------------------------------------------------------------------------------------
Clean Future......................  Clean Future..............           44  Efficiency Advocate.
Appliance Standards Awareness       ASAP et al................           45  Advocacy Organizations, Utilities.
 Project, American Council for an
 Energy-Efficient Economy,
 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.
Association of Home Appliance       AHAM......................           46  Trade Association.
 Manufacturers.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\7\ 
The following sections discuss the substantive comments DOE received on 
the May 2024 Direct Final Rule as well as DOE's determination that the 
comments are not adverse and thus do not provide a reasonable basis for 
withdrawal of the direct final rule.
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    \7\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for MREFs. (Docket No. EERE-2020-BT-
STD-0039, which is maintained at: www.regulations.gov). The 
references are arranged as follows: (commenter name, comment docket 
ID number at page of that document).
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A. General Comments

    AHAM and ASAP et al. expressed support for the May 2024 Direct 
Final Rule for MREFs because the May 2024 Direct Final Rule establishes 
standards that are consistent with recommendations submitted in the 
Joint Agreement. (AHAM, No. 46 at pp. 1-4, 8; ASAP et al., No. 45 at 
pp. 1-2) ASAP et al. stated that they supported the price learning 
methodology in the analysis for the May 2024 Direct Final Rule and they 
do not expect the standards for MREFs to have any impact on product 
reliability. (ASAP et al., No. 45 at pp. 2-3)
    AHAM further commented that the May 2024 Direct Final Rule 
standards meet the statutory criteria for amending standards set forth 
in 42 U.S.C. 6295(o) and that DOE has satisfied the criteria for 
issuing a direct final rule. (AHAM, No. 46 at pp. 4-6) AHAM supported 
the compliance dates adopted in the May 2024 Direct Final Rule and 
DOE's commitment in the May 2024 Direct Final Rule to consider the 
processes by which DOE analyzes energy and water conservation standards 
in a separate rulemaking considering all product categories. (Id. at p. 
6)
    Clean Future also expressed support for the amended standards 
adopted by the May 2024 Direct Final Rule. (Clean Future, No. 44 at p. 
1)

B. Typographical Error Correction

    AHAM identified a typographical error in the table of amended 
standards

[[Page 79373]]

published in the May 2024 Direct Final Rule. DOE adopted consolidated 
product classes in the table of amended standards at 10 CFR 
430.32(aa)(2) but did not remove the descriptive words ``without an 
automatic icemaker'' in the descriptions of product classes C-9 and C-
9-BI. (AHAM, No. 46 at p. 7)
    DOE acknowledges that the description as currently found in the May 
2024 Direct Final Rule inadvertently included the descriptive words 
``without an automatic icemaker'' in the descriptions of product 
classes C-9 and C-9-BI. Indeed, as referenced by AHAM, the May 2024 
Direct Final Rule adopted consolidated product classes that incorporate 
icemaker energy adders into the energy use equations for which they are 
applicable, rather than defining separate product classes with and 
without icemakers, as is done for the current energy conservation 
standards codified at 10 CFR 430.32(aa)(2). See 89 FR 38762, 38776-
38777. This document corrects the typographical error identified by 
AHAM and removes the unnecessary words ``without an automatic 
icemaker'' from the product class descriptions for product classes C-9 
and C-9-BI.
    In correcting the descriptions of product classes C-9 and C-9-BI in 
this confirmation document, DOE is aligning the product class 
description with the intent of the May 2024 Direct Final Rule to adopt 
consolidated product classes that incorporate icemaker energy adders 
into the energy use equations for which they are applicable, rather 
than defining separate product classes with and without icemakers. See 
id. Because this amendment is a clarifying correction and makes no 
substantive changes to the May 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 May 2024 Direct Final 
Rule remain unchanged for this final rule technical correction. These 
determinations are set forth in the May 2024 Direct Final Rule. Id. at 
89 FR 38831-38834.
    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 request to solicit public comment on the changes contained in 
this document. Issuing a separate request 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 May 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 
energy conservation standards serves no useful purpose.
    Further, this rule correcting a regulatory text error makes non-
substantive changes to the product classes subject to the energy 
conservation standards. 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.

IV. 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 May 2024 Direct 
Final Rule, the corresponding NOPR, and the May 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, it is unlikely that the proposed energy conservation standards 
for MREFs would have a significant adverse impact on competition.

V. 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.

VI. Conclusion

    In summary, based on the previous discussion, DOE has determined 
that it did not receive any adverse comments in response to the direct 
final rule for amended energy conservation standards for MREFs. As a 
result, the energy conservation standards set forth in the direct final 
rule became effective on September 4, 2024. Compliance with these 
standards is required on and after January 31, 2029.

Signing Authority

    This document of the Department of Energy was signed on September 
20, 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 September 23, 2024.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

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:

[[Page 79374]]

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 (aa)(2)(ii) to read as 
follows:


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

* * * * *
    (aa) * * *
    (2) * * *
    (ii) Combination cooler refrigeration products manufactured on or 
after January 31, 2029, shall have an Annual Energy Use (AEU) no more 
than:

------------------------------------------------------------------------
          Product class                         AEU (kWh/yr)
------------------------------------------------------------------------
C-3A. Cooler with all-             4.11AV + 117.4.
 refrigerator--automatic defrost.
C-3A-BI. Built-in cooler with all- 4.67AV + 133.0.
 refrigerator--automatic defrost.
C-5-BI. Built-in cooler with       5.47AV + 196.2 + 28I.
 refrigerator-freezer with
 automatic defrost with bottom-
 mounted freezer.
C-9. Cooler with upright freezer   5.58AV + 147.7 + 28I.
 with automatic defrost.
C-9-BI. Built-in cooler with       6.38AV + 168.8 + 28I.
 upright freezer with automatic
 defrost.
C-13A. Compact cooler with all-    4.74AV + 155.0.
 refrigerator--automatic defrost.
C-13A-BI. Built-in compact cooler  5.22AV + 170.5.
 with all-refrigerator--automatic
 defrost.
------------------------------------------------------------------------
AV = Total adjusted volume, expressed in ft\3\, as determined in
  appendix A to subpart B of this part.
I = 1 for a product with an automatic icemaker and = 0 for a product
  without an automatic icemaker.

* * * * *

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

Appendix A

July 9, 2024

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

<a href="/cdn-cgi/l/email-protection#d392bebafd94a1b2b0b6fe87b2a1b7aa93bba2fdb7bcb6fdb4bca5"><span class="__cf_email__" data-cfemail="e8a98581c6af9a898b8dc5bc899a8c91a88099c68c878dc68f879e">[email protected]</span></a>
Re: Conservation Standards for Miscellaneous Refrigeration Products 
DOE Docket No. EERE-2020-BT-STD-0039

Dear Assistant General Counsel Grace-Tardy:

    I am responding to your May 10, 2024, letter seeking the views 
of the Attorney General about the potential impact on competition of 
proposed energy conservation standards for miscellaneous 
refrigeration products (MREFs).
    Your request was submitted under Section 325(o)(2)(B)(i)(V) of 
the Energy Policy and Conservation Act, as amended (ECPA), 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 that is 
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 standards contained in the Notice 
of Proposed Rulemaking (89 FR 37987, May 7, 2024), the Direct Final 
Rule (89 FR 38762, May 7, 2024), and the related Technical Support 
Documents (TSD) that accompanied them. We have also reviewed the 
Docket and noted that, as of July 9, 2024, no public comments had 
been filed in response to the Notice of Proposed Rulemaking or the 
Direct Final Rule.
    Based on this review, our conclusion is that the proposed energy 
conservation standards for MREFs are unlikely to have a significant 
adverse impact on competition.
Sincerely,

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

[FR Doc. 2024-22131 Filed 9-27-24; 8:45 am]
BILLING CODE 6450-01-P


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