[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Proposed Rules]
[Pages 35678-35684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12660]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / 
Proposed Rules

[[Page 35678]]



DEPARTMENT OF ENERGY

10 CFR Part 429

[EERE-2022-BT-CRT-0021]
RIN 1904-AF42


Energy Conservation Program: Consumer Refrigeration and 
Miscellaneous Refrigeration Products

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: On July 18, 2016, the U.S. Department of Energy published a 
final rule that amended the test procedure for refrigerators and 
refrigerator-freezers and established both coverage and procedures for 
testing miscellaneous refrigeration products (``MREFs''). That final 
rule also established provisions within DOE's certification 
requirements to provide instructions regarding product category 
determinations, which were intended to be consistent with the 
definitions established for MREFs and refrigerators, refrigerator-
freezers, and freezers. This document proposes to correct certain 
inconsistencies between the instructions for determining product 
categories and the corresponding product definitions to avoid confusion 
regarding the application of those definitions. DOE is seeking comment 
from interested parties on the proposal.

DATES: DOE will accept comments, data, and information this regarding 
this proposal no later than July 13, 2022.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2022-BT-CRT-0021. Follow the instructions for submitting 
comments.
    Alternatively, interested persons may submit comments, identified 
by docket number EERE-2022-BT-CRT-0021, by any of the following 
methods:
    Email: <a href="/cdn-cgi/l/email-protection#ebb98e8d99828c8e998a9f828485d9dbd9d9a8b9bfdbdbd9daab8e8ec58f848ec58c849d"><span class="__cf_email__" data-cfemail="386a5d5e4a515f5d4a594c5157560a080a0a7b6a6c08080a09785d5d165c575d165f574e">[email protected]</span></a>. Include the docket 
number EERE-2022-BT-CRT-0021in the subject line of the message.
    Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. 
If possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts (if a 
public meeting is held), 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, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-CRT-0021. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section IV for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, 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) 287-1943. Email: <a href="/cdn-cgi/l/email-protection#fe8d8a9b8e969f90979bd0949196908d9190be9b9bd09a919bd0999188"><span class="__cf_email__" data-cfemail="7b080f1e0b131a15121e55111413150814153b1e1e551f141e551c140d">[email protected]</span></a>.
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-8145. Email: <a href="/cdn-cgi/l/email-protection#cd80a4aea5aca8a1e386a4a9a28da5bce3a9a2a8e3aaa2bb"><span class="__cf_email__" data-cfemail="216c48424940444d0f6a48454e6149500f454e440f464e57">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the United States Department of Energy (``DOE'') to regulate 
the energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of 
EPCA established the Energy Conservation Program for Consumer Products 
Other Than Automobiles, which sets forth a variety of provisions 
designed to improve energy efficiency. These products include 
miscellaneous refrigeration products (``MREFs'') along with more common 
consumer refrigeration products (i.e., refrigerators, refrigerator-
freezers, and freezers). These products are the focus of this notice of 
proposed rulemaking (``NOPR'' or ``proposal'') and collectively 
comprise what DOE simply refers to in this document as ``consumer 
refrigeration products'' in this document. (42 U.S.C. 6292(a)(1))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    In addition to identifying particular consumer products and 
commercial equipment as covered under the statute, EPCA permits the 
Secretary of Energy to classify additional types of consumer products 
as covered products. (42 U.S.C. 6292(a)(20)) DOE added MREFs as covered 
products through a final determination of coverage published in the 
Federal Register on July 18, 2016 (``July 2016 final rule''). 81 FR 
46768. MREFs are consumer refrigeration products, other than 
refrigerators, refrigerator-freezers, or freezers. 10 CFR 430.2. MREFs 
include refrigeration products such as coolers (e.g., wine chillers and 
other specialty products) and combination cooler refrigeration products 
(e.g., wine chillers and other specialty compartments combined with a 
refrigerator, freezer, or refrigerator-freezer).
    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement

[[Page 35679]]

procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), 
labeling provisions (42 U.S.C. 6294), energy conservation standards (42 
U.S.C. 6295), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making other representations about the efficiency of those 
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these 
test procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    This proposal is intended to narrowly clarify and correct 
inconsistencies in certain product category determination 
specifications within the certification provisions for the consumer 
refrigeration products that are the subject of this document.

II. Scope and Definitions

    DOE's regulations generally categorize consumer refrigeration 
products into different product categories based on operating 
temperatures, among other criteria. While this proposal does not 
propose to alter any of the definitions associated with these different 
consumer refrigeration products, a basic understanding of the 
definitions for these different product categories--all of which are 
found in 10 CFR 430.2--is helpful.
    DOE defines a ``refrigerator'' as a cabinet, used with one or more 
doors, that has a source of refrigeration that requires single-phase, 
alternating current electric energy input only and is capable of 
maintaining compartment temperatures above 32 [deg]F (0 [deg]C) and 
below 39 [deg]F (3.9 [deg]C) as determined according to 10 CFR 
429.14(d)(2). A refrigerator may include a compartment capable of 
maintaining compartment temperatures below 32 [deg]F (0 [deg]C), but 
does not provide a separate low temperature compartment capable of 
maintaining compartment temperatures below 8 [deg]F (-13.3 [deg]C) as 
determined according to 10 CFR 429.14(d)(2). This term does not 
include:
    (1) Any product that does not include a compressor and condenser 
unit as an integral part of the cabinet assembly;
    (2) A cooler; or
    (3) Any miscellaneous refrigeration product that must comply with 
an applicable miscellaneous refrigeration product energy conservation 
standard.
    Section 430.2 defines a ``freezer'' as a cabinet, used with one or 
more doors, that has a source of refrigeration that requires single-
phase, alternating current electric energy input only and is capable of 
maintaining compartment temperatures of 0 [deg]F (-17.8 [deg]C) or 
below as determined according to 10 CFR 429.14(d)(2). It does not 
include any refrigerated cabinet that consists solely of an automatic 
ice maker and an ice storage bin arranged so that operation of the 
automatic icemaker fills the bin to its capacity. The term does not 
include:
    (1) Any product that does not include a compressor and condenser 
unit as an integral part of the cabinet assembly; or
    (2) Any miscellaneous refrigeration product that must comply with 
an applicable miscellaneous refrigeration product energy conservation 
standard.
    A ``refrigerator-freezer'' is defined as a cabinet, used with one 
or more doors, that has a source of refrigeration that requires single-
phase, alternating current electric energy input only and consists of 
two or more compartments where at least one of the compartments is 
capable of maintaining compartment temperatures above 32 [deg]F (0 
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to 10 
CFR 429.14(d)(2), and at least one other compartment is capable of 
maintaining compartment temperatures of 8 [deg]F (-13.3 [deg]C) and may 
be adjusted by the user to a temperature of 0 [deg]F (-17.8 [deg]C) or 
below as determined according to 10 CFR 429.14(d)(2). The term does not 
include:
    (1) Any product that does not include a compressor and condenser 
unit as an integral part of the cabinet assembly; or
    (2) Any miscellaneous refrigeration product that must comply with 
an applicable miscellaneous refrigeration product energy conservation 
standard.
    The term ``miscellaneous refrigeration product'' means a consumer 
refrigeration product other than a refrigerator, refrigerator-freezer, 
or freezer, which includes coolers and combination cooler refrigeration 
products.
    A ``cooler'' is a cabinet, used with one or more doors, that has a 
source of refrigeration capable of operating on single-phase, 
alternating current and is capable of maintaining compartment 
temperatures either:
    (1) No lower than 39 [deg]F (3.9 [deg]C); or
    (2) In a range that extends no lower than 37 [deg]F (2.8 [deg]C) 
but at least as high as 60 [deg]F (15.6 [deg]C) as determined according 
to 10 CFR 429.61(d)(2).
    A ``combination cooler refrigeration product'' means any cooler-
refrigerator, cooler-refrigerator-freezer, or cooler-freezer.
    DOE's regulations define a ``cooler-refrigerator'' as a cabinet, 
used with one or more doors, that has a source of refrigeration that 
requires single-phase, alternating current electric energy input only, 
and consists of two or more compartments, including at least one cooler 
compartment as defined in 10 CFR part 430 subpart B appendix A, where:
    (1) At least one of the remaining compartments is not a cooler 
compartment as defined in 10 CFR part 430 subpart B appendix A and is 
capable of maintaining compartment temperatures above 32 [deg]F (0 
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to 10 
CFR 429.61(d)(2);
    (2) The cabinet may also include a compartment capable of 
maintaining compartment temperatures below 32 [deg]F (0 [deg]C) as 
determined according to 10 CFR 429.61(d)(2); but
    (3) The cabinet does not provide a separate low temperature 
compartment capable of maintaining compartment temperatures below 8 
[deg]F (-13.3 [deg]C) as determined according to 10 CFR 429.61(d)(2).
    A ``cooler-refrigerator-freezer'' means a cabinet, used with one or 
more doors, that has a source of refrigeration that requires single-
phase, alternating current electric energy input only, and consists of 
three or more compartments, including at least one cooler compartment 
as defined in 10 CFR part 430 subpart B appendix A, where:
    (1) At least one of the remaining compartments is not a cooler 
compartment as defined in 10 CFR part 430 subpart B appendix A and is 
capable of maintaining compartment temperatures above 32 [deg]F (0 
[deg]C) and below 39 [deg]F (3.9 [deg]C) as determined according to 10 
CFR 429.61(d)(2); and
    (2) At least one other compartment is capable of maintaining 
compartment temperatures below 8 [deg]F (-13.3 [deg]C) and may be 
adjusted by the user to a temperature of 0 [deg]F (-17.8 [deg]C) or 
below as determined according to 10 CFR 429.61(d)(2).
    A ``cooler-freezer'' means a cabinet, used with one or more doors, 
that has a source of refrigeration that requires single-phase, 
alternating current electric energy input only, and consists of two or 
more compartments, including at least one cooler compartment as defined 
in 10 CFR part 430 subpart B appendix A, where the remaining 
compartment(s) are capable of maintaining compartment temperatures at 0 
[deg]F (-17.8 [deg]C) or below as determined according to the 
provisions in 10 CFR 429.61(d)(2).
    See generally 10 CFR 430.2.

[[Page 35680]]

III. Discussion of Proposed Amendments

A. Coldest Temperature'' Requirement

    The July 2016 final rule established provisions in 10 CFR 429.14 
(for refrigerators, refrigerator-freezers, and freezers) and 10 CFR 
429.61 (for MREFs) to provide instructions regarding product category 
determinations, intended to be consistent with the definitions 
established in 10 CFR 430.2. 81 FR 46768, 46790.
    In particular, Sec.  429.61(d)(2) specifies for MREFs that 
compartment temperatures used to determine product category shall be 
the mean of the measured compartment temperatures at the ``coldest 
setting'' for each tested unit of the basic model according to the 
provisions of appendix A. This reference to the coldest setting is 
necessary to determine whether a compartment is a cooler because the 
definition of cooler--by referencing the capability of maintaining 
compartment temperatures no lower than 39 [deg]F (3.9 [deg]C) [emphasis 
added]--necessarily requires evaluating the coldest setting available 
for the subject compartment (i.e., testing the coldest setting is 
necessary to determine the lowest temperature that the compartment is 
capable of achieving). See 10 CFR 430.2. Accordingly, the measurement 
of the compartment temperature for the purpose of defining a 
compartment as a ``cooler compartment'' is conducted at ``the coldest 
setting.''
    In the July 2016 final rule, DOE inadvertently applied the 
``coldest setting'' wording in 10 CFR 429.14 and 10 CFR 429.61 to other 
types of consumer refrigeration products for which the ``coldest 
setting'' is not the appropriate setting for determining product 
classification; specifically, for consumer refrigerators, refrigerator-
freezers, freezers, and for compartments in miscellaneous refrigeration 
products other than cooler compartments. As illustrated in the 
paragraphs that follow, determining product classification for these 
types of consumer refrigeration products is based on the capability of 
a product to operate within an applicable temperature range and is not 
specific to the lowest capable operating temperature (i.e., not 
specific to the ``coldest setting'').
    By way of example, in considering the refrigerator definition, 
determining whether a compartment is a fresh food (i.e., refrigerator) 
compartment is not specific to the lowest capable operating 
temperature. Rather, to be defined as a refrigerator, a product must be 
capable of maintaining a compartment temperature within a specified 
range, which may not correspond to the coldest setting available on the 
product. In particular, a refrigerator is defined, in part, as being 
capable of maintaining a compartment temperature above 32 [deg]F (0 
[deg]C) and below 39 [deg]F (3.9 [deg]C). 10 CFR 430.2. If the coldest 
setting on a refrigerator were to result in a compartment temperature 
less than 32 [deg]F (0 [deg]C) (for example, 31 [deg]F), testing the 
product at the coldest setting would yield a temperature outside the 
specified range (in this example, 31 [deg]F) and therefore would not 
provide an indication of the product's capability to maintain a 
compartment temperature above 32 [deg]F (0 [deg]C) and below 39 [deg]F 
(3.9 [deg]C). For such a product, determining product category based on 
the coldest setting alone (as currently suggested by 10 CFR 
429.14(d)(2)) would inadvertently exclude the product from the 
refrigerator definition. In contrast, evaluating the temperature range 
of the product as tested using appendix A would appropriately identify 
that the product is capable of maintaining a compartment temperature 
above 32 [deg]F (0 [deg]C) and below 39 [deg]F (3.9 [deg]C), thus 
meeting the definition of refrigerator. DOE's proposal seeks to remedy 
this current inconsistency.
    The issue is further illustrated by the definitions for cooler-
refrigerator and cooler-freezer, which are based on the full range of 
temperatures at which the non-cooler compartment(s) is capable of 
operating without specifying a maximum or minimum operating capability. 
As such, the instruction to measure the non-cooler compartment 
temperature at the coldest setting to determine that compartment's 
classification, as instructed under 10 CFR 429.61(d)(2), is also 
inconsistent with the definitions of cooler-refrigerator and cooler-
freezer.
    Finally, DOE notes that the rulemaking leading to the July 2016 
final rule emphasized that DOE did not intend to redefine the scope of 
coverage for refrigerators, refrigerator-freezers, or freezers, or to 
amend those definitions in a manner that would affect how a covered 
product at the time would be classified. 81 FR 46768, 46777 (See also 
81 FR 11454, 11459-11460).
    For these reasons, DOE has tentatively determined that the coldest 
setting instruction as currently included in 10 CFR 429.14(d)(2) and 10 
CFR 429.61(d)(2) is inconsistent with the definitions established in 
the July 2016 final rule and is proposing amendments to correct this 
inconsistency. To address this issue, DOE is proposing that the 
instructions for determining compartment classification would 
differentiate cooler compartments from compartments other than cooler 
compartments. For cooler compartments, DOE proposes no change to the 
current requirements specified at 10 CFR 429.61(d)(2), since the 
coldest setting is the appropriate setting with which to evaluate a 
cooler compartment. For compartments other than cooler compartments, 
DOE is proposing to amend 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) 
to remove the reference to operation at the coldest setting. For such 
compartments, the compartment temperature settings used to determine 
product category would be used to evaluate the full range of 
temperatures that the product can maintain within the compartment, thus 
allowing for accurate application of the definitions for these 
products.
    This document identifies and proposes amendments to 10 CFR part 429 
addressing the inconsistencies introduced in the July 2016 final rule. 
The proposed corrections in this document do not otherwise affect the 
substance of the rulemaking or any conclusions reached in support of 
the July 2016 final rule.

B. Products Meeting Multiple Product Category Definitions

    In a test procedure final rule published on April 21, 2014 (``April 
2014 final rule''), DOE acknowledged that a product may be capable of 
operating at the temperatures specified in both the refrigerator 
definition and the freezer definition (i.e., a ``convertible'' product) 
and that such a product would be required to certify as both a 
refrigerator and a freezer if the product meets the applicable 
definition(s). 79 FR 22320, 22343. This would not be the result if the 
temperature were measured only at the coldest setting for determining 
classification of a compartment. The proposed amendments to 10 CFR 
429.14 and 10 CFR 429.61 discussed in section II.A of this document 
would clarify the certification process for convertible products as 
multiple product types, as intended in the April 2014 final rule. To 
further clarify the appropriate certification of such products, DOE is 
proposing to further amend 10 CFR 429.14 and 10 CFR 429.61 to 
explicitly specify that if a product is capable of operating with 
compartment temperatures as specified in multiple product category 
definitions, the model must be tested and certified to each applicable 
product category. For example, a single-compartment product capable of 
maintaining compartment temperatures of -2 [deg]F and 36 [deg]F would 
meet both the refrigerator (above 32 [deg]F and below 39 [deg]F) and 
freezer (0 [deg]F or

[[Page 35681]]

below) definitions and would be certified to each corresponding 
applicable product class.
    DOE is seeking comment on these proposed amendments to 10 CFR part 
429, particularly as to whether these proposals will sufficiently 
address the issues identified in this document.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this proposed regulatory action 
is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    This NOPR identifies and proposes amendments to address 
inconsistencies introduced in the July 2016 final rule. The proposed 
corrections in this NOPR do not otherwise affect the scope or substance 
of the current test procedures for consumer refrigeration products.
    Therefore, DOE initially concludes that the impacts of the 
amendments proposed in this NOPR would not have a ``significant 
economic impact on a substantial number of small entities,'' and that 
the preparation of an IRFA is not warranted. DOE will transmit the 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of consumer refrigeration products must certify to 
DOE that their products comply with any applicable energy conservation 
standards. To certify compliance, manufacturers must first obtain test 
data for their products according to the DOE test procedures, including 
any amendments adopted for those test procedures. DOE has established 
regulations for the certification and recordkeeping requirements for 
all covered consumer products and commercial equipment, including 
consumer refrigeration products. (See generally 10 CFR part 429.) The 
collection-of-information requirement for the certification and 
recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (``PRA''). This requirement has been approved 
by OMB under OMB control number 1910-1400. Public reporting burden for 
the certification is estimated to average 35 hours per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    DOE is not proposing to amend the certification or reporting 
requirements for consumer refrigeration products.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this NOPR, DOE proposes amendments to certification-related 
provisions for certain consumer refrigeration products. DOE has 
determined that this rule falls into a class of actions that are 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, DOE has determined that 
adopting certification requirements for consumer products and 
industrial equipment is consistent with activities identified in 10 CFR 
part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have federalism 
implications. The Executive order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the

[[Page 35682]]

development of such regulations. 65 FR 13735. DOE has examined this 
proposed rule and has determined that it would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity, (2) write regulations to 
minimize litigation, (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any, (2) clearly specifies any effect on existing 
Federal law or regulation, (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction, 
(4) specifies the retroactive effect, if any, (5) adequately defines 
key terms, and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this proposed 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that (1) is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    The proposed regulatory action to amend the certification 
provisions for certain consumer refrigeration products is not a 
significant regulatory action under Executive Order 12866. Moreover, it 
would not have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

[[Page 35683]]

V. Public Participation

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If 
you do not want your personal contact information to be publicly 
viewable, do not include it in your comment or any accompanying 
documents. Instead, provide your contact information on a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects in 10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Reporting and 
recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on June 7, 
2022, by Kelly J. Speakes-Backman, 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 8, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 429 of chapter II, subchapter D, of title 10 of the Code of 
Federal Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Amend Sec.  429.14 by revising paragraph (d)(2) to read as follows:


Sec.  429.14   Consumer refrigerators, refrigerator-freezers and 
freezers.

* * * * *
    (d) * * *
    (2) Compartment temperatures used to determine product category 
shall be the mean of the measured compartment temperatures for each 
tested unit of the basic model according to the provisions of appendix 
A of subpart B of part 430

[[Page 35684]]

of this chapter for refrigerators and refrigerator-freezers and of 
appendix B of subpart B of part 430 of this chapter for freezers. If a 
product is capable of operating with compartment temperatures as 
specified in multiple product category definitions in Sec.  430.2 of 
this chapter, the model must be tested and certified to each applicable 
product category.
0
3. Amend Sec.  429.61 by revising paragraph (d)(2) to read as follows:


Sec.  429.61   Consumer miscellaneous refrigeration products.

* * * * *
    (d) * * *
    (2) For compartments other than cooler compartments, compartment 
temperatures used to determine product category shall be the mean of 
the measured compartment temperatures for each tested unit of the basic 
model according to the provisions of appendix A to subpart B of part 
430 of this chapter. For cooler compartments, compartment temperatures 
used to determine product category shall be the mean of the measured 
compartment temperatures at the coldest setting for each tested unit of 
the basic model according to the provisions of appendix A to subpart B 
of part 430 of this chapter. For cooler compartments with temperatures 
below 39 [deg]F (3.9 [deg]C) but no lower than 37 [deg]F (2.8 [deg]C) 
at the coldest setting, the compartment temperatures used to determine 
product category shall also include the mean of the measured 
compartment temperatures at the warmest setting for each tested unit of 
the basic model according to the provisions of appendix A to subpart B 
of part 430 of this chapter. If a product is capable of operating with 
compartment temperatures as specified in multiple product category 
definitions in Sec.  430.2 of this chapter, the model must be tested 
and certified to each applicable product category.

[FR Doc. 2022-12660 Filed 6-10-22; 8:45 am]
BILLING CODE 6450-01-P


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