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.

Proposed Rules Federal Register

35678 

Vol. 87, No. 113 

Monday, June 13, 2022 

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. 2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

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. 

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: Refrigeration2022CRT0021@

ee.doe.gov. 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/EERE2022-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: 

stephanie.johnson@ee.doe.gov. 

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: 

Michael.Kido@hq.doe.gov. 

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, refrigeratorfreezers, 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)) 

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 refrigeratorfreezer). 

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 


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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 °F (0 °C) and 

below 39 °F (3.9 °C) as determined 

according to 10 CFR 429.14(d)(2). A 

refrigerator may include a compartment 

capable of maintaining compartment 

temperatures below 32 °F (0 °C), but 

does not provide a separate low 

temperature compartment capable of 

maintaining compartment temperatures 

below 8 °F (¥13.3 °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 °F (¥17.8 °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 °F (0 °C) and 

below 39 °F (3.9 °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 °F (¥13.3 °C) and may 

be adjusted by the user to a temperature 

of 0 °F (¥17.8 °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 °F (3.9 °C); or 

(2) In a range that extends no lower 

than 37 °F (2.8 °C) but at least as high as 

60 °F (15.6 °C) as determined according 

to 10 CFR 429.61(d)(2). 

A ‘‘combination cooler refrigeration 

product’’ means any cooler-refrigerator, 

cooler-refrigerator-freezer, or coolerfreezer. 

DOE’s regulations define a ‘‘coolerrefrigerator’’ 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 °F (0 °C) and 

below 39 °F (3.9 °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 °F 

(0 °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 °F (¥13.3 °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 °F (0 °C) and 

below 39 °F (3.9 °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 °F (¥13.3 °C) and 

may be adjusted by the user to a 

temperature of 0 °F (¥17.8 °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 °F (¥17.8 °C) or below 

as determined according to the 

provisions in 10 CFR 429.61(d)(2). 

See generally 10 CFR 430.2. 


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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, § 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 °F 

(3.9 °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, refrigeratorfreezers, 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 °F 

(0 °C) and below 39 °F (3.9 °C). 10 CFR 

430.2. If the coldest setting on a 

refrigerator were to result in a 

compartment temperature less than 

32 °F (0 °C) (for example, 31 °F), testing 

the product at the coldest setting would 

yield a temperature outside the 

specified range (in this example, 31 °F) 

and therefore would not provide an 

indication of the product’s capability to 

maintain a compartment temperature 

above 32 °F (0 °C) and below 39 °F 

(3.9 °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 °F 

(0 °C) and below 39 °F (3.9 °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 coolerrefrigerator 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 °F and 36 °F would 

meet both the refrigerator (above 32 °F 

and below 39 °F) and freezer (0 °F or 


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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 


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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-generalcounsel. 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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 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 

■ 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. 

■ 2. Amend § 429.14 by revising 

paragraph (d)(2) to read as follows: 

§ 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35684 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

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 § 430.2 

of this chapter, the model must be tested 

and certified to each applicable product 

category. 

■ 3. Amend § 429.61 by revising 

paragraph (d)(2) to read as follows: 

§ 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 °F (3.9 °C) but no 

lower than 37 °F (2.8 °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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0675; Project 

Identifier MCAI–2021–01406–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Airbus SAS Model A318, A319, A320, 

and A321 series airplanes. This 

proposed AD was prompted by unclear 

and incomplete placard instructions for 

the doghouse door lock. This proposed 

AD would require installing improved 

handling instruction placards on 

affected doghouses and re-identifying 

the doghouses, as specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is proposed for 

incorporation by reference. This 

proposed AD would also prohibit the 

installation of affected doghouses under 

certain conditions. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by July 28, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For material that will be incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this material on the EASA website 

at https://ad.easa.europa.eu. You may 

view this material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0675. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0675; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

Large Aircraft Section, FAA, 

International Validation Branch, 2200 

South 216th St., Des Moines, WA 98198; 

telephone 206–231–3229; email 

Vladimir.Ulyanov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0675; Project Identifier 

MCAI–2021–01406–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Vladimir Ulyanov, 

Aerospace Engineer, Large Aircraft 

Section, FAA, International Validation 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3229; email Vladimir.Ulyanov@faa.gov. 


khammond on DSKJM1Z7X2PROD with PROPOSALS