79370 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

1All 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. 

inconsistent with the discussion in the 

Implementation section of RG 3.7, then 

the licensee may file a backfitting or 

forward fitting appeal with the NRC in 

accordance with the process in MD 8.4. 

V. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs to address new 

issues. Suggestions can be submitted on 

the NRC’s public website at https://

www.nrc.gov/reading-rm/doccollections/reg-guides/contactus.html. 

Suggestions will be considered in future 

updates and enhancements to the 

‘‘Regulatory Guide’’ series. 

Dated: September 24, 2024. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2024–22246 Filed 9–27–24; 8:45 am] 

BILLING CODE 7590–01–P 

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. 

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/EERE2020-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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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: 

kristin.koernig@hq.doe.gov. 

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)) 

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. 


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2The negotiated term sheets are available in 

docket ID EERE–2011–BT–STD–0043 on 

www.regulations.gov. 

3The signatories to the Joint Agreement include 

the association of Home Appliance Manufacturers 

(‘‘AHAM’’), American Council for an EnergyEfficient 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. 

4The Joint Agreement contained 

recommendations for 6 covered products: 

refrigerators, refrigerator-freezers, and freezers; 

clothes washers; clothes dryers; dishwashers; 

cooking products; and miscellaneous refrigeration 

products. 

5The Joint Agreement is available in the docket 

at: www.regulations.gov/document/EERE-2020-BTSTD-0039-0034. 

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

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

TABLE II.1—RECOMMENDED AMENDED ENERGY CONSERVATION STANDARDS FOR MISCELLANEOUS REFRIGERATION

PRODUCTS

Product class Level 

(based on AV (ft3)) 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—automatic defrost .................................................................. 4.11AV + 117.4 .............. January 31, 2029. 

C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ................................................. 4.67AV + 133.0 .............. January 31, 2029. 

C–5–BI. NEW PRODUCT CLASS: Built-in cooler with refrigerator-freezer—automatic defrost 

with bottom-mounted freezer.

5.47AV + 196.2 + 28I .... January 31, 2029. 

C–9. Cooler with upright freezer with automatic defrost without an automatic icemaker ............ 5.58AV + 147.7 + 28I .... January 31, 2029. 

C–9–BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker.6.38AV + 168.8 + 28I .... January 31, 2029. 

C–13A. Compact cooler with all-refrigerator—automatic defrost ................................................. 4.74AV + 155.0 .............. January 31, 2029. 

C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost ................................ 5.22AV + 170.5 .............. January 31, 2029. 

AV = Total adjusted volume, expressed in ft3, 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. 


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6This 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. 

7The 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). 

TABLE II.2—ENERGY CONSERVATION STANDARDS FOR MREFS

[Compliance starting January 31, 2029] 6

Product class 

(‘‘PC’’) 

Equations for maximum 

energy use 

(kWh/yr) 

Based on AV (ft3) 

1. Freestanding Compact Coolers (FCC) ........................................................................................................................ 5.52AV + 109.1. 

2. Freestanding Coolers (FC) ........................................................................................................................................... 5.52AV + 109.1. 

3. Built-in Compact Coolers (BICC) ................................................................................................................................. 5.52AV + 109.1. 

4. Built-in Coolers (BIC) ................................................................................................................................................... 6.30AV + 124.6. 

C–3A. Cooler with all-refrigerator—automatic defrost ..................................................................................................... 4.11AV + 117.4. 

C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ..................................................................................... 4.67AV + 133.0. 

C–5–BI. Built-in cooler with refrigerator-freezer—automatic defrost with bottom-mounted freezer ................................ 5.47AV + 196.2 + 28I. 

C–9. Cooler with upright freezer with automatic defrost .................................................................................................. 5.58AV + 147.7 + 28I. 

C–9–BI. Built-in cooler with upright freezer with automatic defrost ................................................................................. 6.38AV + 168.8 + 28I. 

C–13A. Compact cooler with all-refrigerator—automatic defrost ..................................................................................... 4.74AV + 155.0. 

C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .................................................................... 5.22AV + 170.5. 

AV = Total adjusted volume, expressed in ft3, 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). 

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

Commenter(s) Abbreviation 

Comment 

No. in the 

docket 

Commenter type 

Clean Future ............................................................................................................... Clean Future ...... 44 Efficiency Advocate. 

Appliance Standards Awareness 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.

ASAP et al ......... 45 Advocacy Organizations, 

Utilities. 

Association of Home Appliance Manufacturers .......................................................... AHAM ................ 46 Trade Association. 

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. 

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 


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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 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 nonsubstantive 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: 


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79374 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

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. Amend § 430.32 by revising 

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

§ 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-refrigerator—automatic defrost ..................................................................................................... 4.11AV + 117.4. 

C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ..................................................................................... 4.67AV + 133.0. 

C–5–BI. Built-in cooler with refrigerator-freezer with automatic defrost with bottom-mounted freezer ........................... 5.47AV + 196.2 + 28I. 

C–9. Cooler with upright freezer with automatic defrost .................................................................................................. 5.58AV + 147.7 + 28I. 

C–9–BI. Built-in cooler with upright freezer with automatic defrost ................................................................................. 6.38AV + 168.8 + 28I. 

C–13A. Compact cooler with all-refrigerator—automatic defrost ..................................................................................... 4.74AV + 155.0. 

C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .................................................................... 5.22AV + 170.5. 

AV = Total adjusted volume, expressed in ft3, 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 

Ami.Grace-Tardy@hq.doe.gov 

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 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2022–BT–STD–0015] 

RIN 1904–AF34 

Energy Conservation Program: Energy 

Conservation Standards for Air-Cooled 

Commercial Package Air Conditioners 

and Heat Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Direct final rule; confirmation of 

effective and compliance dates. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) published a direct final 

rule to establish amended energy 

conservation standards for air-cooled 

commercial package air conditioners 

and heat pumps with a rated cooling 

capacity greater than or equal to 65,000 

Btu/h in the Federal Register on May 

20, 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. 

DATES: The effective date of September 

17, 2024, for the direct final rule 

published on May 20, 2024, (89 FR 

44052) is confirmed. Compliance with 

the standards established in the direct 

final rule will be required on and after 

January 1, 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/EERE2022-BT-STD-0015. The docket 

webpage 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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 


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