2024-22131. Energy Conservation Program: Energy Conservation Standards for Miscellaneous Refrigeration Products

Table II.1—Recommended Amended Energy Conservation Standards for Miscellaneous Refrigeration Products

Product class	Level (based on AV (ft3 ))	Compliance date
1. Freestanding Compact Coolers (FCC)	5.52AV + 109.1	January 31, 2029.
2. Freestanding Coolers (FC)	5.52AV + 109.1	January 31, 2029.
3. Built-in Compact Coolers (BICC)	5.52AV + 109.1	January 31, 2029.
4. Built-in Coolers (BIC)	6.30AV + 124.6	January 31, 2029.
C-3A. Cooler with all-refrigerator—automatic defrost	4.11AV + 117.4	January 31, 2029.
C-3A-BI. Built-in cooler with all-refrigerator—automatic defrost	4.67AV + 133.0	January 31, 2029.
C-5-BI. NEW PRODUCT CLASS: Built-in cooler with refrigerator-freezer—automatic defrost with bottom-mounted freezer	5.47AV + 196.2 + 28I	January 31, 2029.
C-9. Cooler with upright freezer with automatic defrost without an automatic icemaker	5.58AV + 147.7 + 28I	January 31, 2029.
C-9-BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker	6.38AV + 168.8 + 28I	January 31, 2029.
C-13A. Compact cooler with all-refrigerator—automatic defrost	4.74AV + 155.0	January 31, 2029.
C-13A-BI. Built-in compact cooler with all-refrigerator—automatic defrost	5.22AV + 170.5	January 31, 2029.
AV = Total adjusted volume, expressed in ft3 , as determined in appendices A and B of subpart B of 10 CFR part 430.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.

After carefully considering the recommended energy conservation standards for MREFs in the Joint Agreement, DOE determined that these recommendations were in accordance with the statutory requirements of 42 U.S.C. 6295(p)(4) for the issuance of a direct final rule and published a direct final rule on May 7, 2024 (“May 2024 Direct Final Rule”). 89 FR 38762. DOE evaluated whether the Joint Agreement satisfies 42 U.S.C. 6295(o), as applicable, and found that the recommended standard levels would result in significant energy savings and are technologically feasible and economically justified. Id. at 89 FR 38763-38770. Accordingly, DOE adopted the recommended efficiency levels for MREFs as the amended standard levels in the May 2024 Direct Final Rule. Id. at 89 FR 38828.

The standards adopted in the May 2024 Direct Final Rule apply to product classes listed in table II.2 and manufactured in, or imported into, the United States starting on January 31, 2029. The May 2024 Direct Final Rule provides a detailed discussion of DOE's analysis of the benefits and burdens of the amended standards pursuant to the criteria set forth in EPCA. Id. at 89 FR 38803-38831.

( print page 79372)

Table II.2—Energy Conservation Standards for MREFs

[Compliance starting January 31, 2029] ⁶

Product class (“PC”)	Equations for maximum energy use (kWh/yr)
	Based on AV (ft3 )
1. Freestanding Compact Coolers (FCC)	5.52AV + 109.1.
2. Freestanding Coolers (FC)	5.52AV + 109.1.
3. Built-in Compact Coolers (BICC)	5.52AV + 109.1.
4. Built-in Coolers (BIC)	6.30AV + 124.6.
C-3A. Cooler with all-refrigerator—automatic defrost	4.11AV + 117.4.
C-3A-BI. Built-in cooler with all-refrigerator—automatic defrost	4.67AV + 133.0.
C-5-BI. Built-in cooler with refrigerator-freezer—automatic defrost with bottom-mounted freezer	5.47AV + 196.2 + 28I.
C-9. Cooler with upright freezer with automatic defrost	5.58AV + 147.7 + 28I.
C-9-BI. Built-in cooler with upright freezer with automatic defrost	6.38AV + 168.8 + 28I.
C-13A. Compact cooler with all-refrigerator—automatic defrost	4.74AV + 155.0.
C-13A-BI. Built-in compact cooler with all-refrigerator—automatic defrost	5.22AV + 170.5.
AV = Total adjusted volume, expressed in ft3 , as determined in appendices A and B of subpart B of 10 CFR part 430.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.

As required by EPCA, DOE also simultaneously published a NOPR proposing the identical standard levels contained in the May 2024 Direct Final Rule. 89 FR 38803. DOE then considered whether any comment received during the 110-day comment period following the publication of the May 2024 Direct Final Rule was adverse and provided a reasonable basis for withdrawal of the direct final rule under the provisions in 42 U.S.C. 6295(p)(4)(C).

III. Comments on the Direct Final Rule

As discussed in section I of this document, not later than 120 days after publication of a direct final rule, DOE shall withdraw the direct final rule if: (1) DOE receives one or more adverse public comments relating to the direct final rule or any alternative joint recommendation; and (2) based on the rulemaking record relating to the direct final rule, DOE determines that such adverse public comments or alternative joint recommendation may provide a reasonable basis for withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)(i))

DOE received comments in response to the May 2024 Direct Final Rule from the interested parties listed in table III.1.

Table III.1—List of Commenters With Written Submissions in Response to the May 2024 Direct Final Rule

Commenter(s)	Abbreviation	Comment No. in the docket	Commenter type
Clean Future	Clean Future	44	Efficiency Advocate.
Appliance Standards Awareness Project, American Council for an Energy-Efficient Economy, Consumer Federation of America, Consumer Reports, Earthjustice, National Consumer Law Center, Natural Resources Defense Council, Northwest Energy Efficiency Alliance, and Pacific Gas and Electric Company	ASAP et al	45	Advocacy Organizations, Utilities.
Association of Home Appliance Manufacturers	AHAM	46	Trade Association.

A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.^[7] The following sections discuss the substantive comments DOE received on the May 2024 Direct Final Rule as well as DOE's determination that the comments are not adverse and thus do not provide a reasonable basis for withdrawal of the direct final rule.

A. General Comments

AHAM and ASAP et al. expressed support for the May 2024 Direct Final Rule for MREFs because the May 2024 Direct Final Rule establishes standards that are consistent with recommendations submitted in the Joint Agreement. (AHAM, No. 46 at pp. 1-4, 8; ASAP et al., No. 45 at pp. 1-2) ASAP et al. stated that they supported the price learning methodology in the analysis for the May 2024 Direct Final Rule and they do not expect the standards for MREFs to have any impact on product reliability. (ASAP et al., No. 45 at pp. 2-3)

AHAM further commented that the May 2024 Direct Final Rule standards meet the statutory criteria for amending standards set forth in 42 U.S.C. 6295(o) and that DOE has satisfied the criteria for issuing a direct final rule. (AHAM, No. 46 at pp. 4-6) AHAM supported the compliance dates adopted in the May 2024 Direct Final Rule and DOE's commitment in the May 2024 Direct Final Rule to consider the processes by which DOE analyzes energy and water conservation standards in a separate rulemaking considering all product categories. ( Id. at p. 6)

Clean Future also expressed support for the amended standards adopted by the May 2024 Direct Final Rule. (Clean Future, No. 44 at p. 1)

B. Typographical Error Correction

AHAM identified a typographical error in the table of amended standards ( print page 79373) published in the May 2024 Direct Final Rule. DOE adopted consolidated product classes in the table of amended standards at 10 CFR 430.32(aa)(2) but did not remove the descriptive words “without an automatic icemaker” in the descriptions of product classes C-9 and C-9-BI. (AHAM, No. 46 at p. 7)

DOE acknowledges that the description as currently found in the May 2024 Direct Final Rule inadvertently included the descriptive words “without an automatic icemaker” in the descriptions of product classes C-9 and C-9-BI. Indeed, as referenced by AHAM, the May 2024 Direct Final Rule adopted consolidated product classes that incorporate icemaker energy adders into the energy use equations for which they are applicable, rather than defining separate product classes with and without icemakers, as is done for the current energy conservation standards codified at 10 CFR 430.32(aa)(2). See 89 FR 38762, 38776-38777. This document corrects the typographical error identified by AHAM and removes the unnecessary words “without an automatic icemaker” from the product class descriptions for product classes C-9 and C-9-BI.

In correcting the descriptions of product classes C-9 and C-9-BI in this confirmation document, DOE is aligning the product class description with the intent of the May 2024 Direct Final Rule to adopt consolidated product classes that incorporate icemaker energy adders into the energy use equations for which they are applicable, rather than defining separate product classes with and without icemakers. See id. Because this amendment is a clarifying correction and makes no substantive changes to the May 2024 Direct Final Rule, the changes addressed in this document are technical in nature.

DOE has concluded that the determinations made pursuant to the various procedural requirements applicable to the May 2024 Direct Final Rule remain unchanged for this final rule technical correction. These determinations are set forth in the May 2024 Direct Final Rule. Id. at 89 FR 38831-38834.

Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), DOE finds that there is good cause to not issue a separate request to solicit public comment on the changes contained in this document. Issuing a separate request to solicit public comment would be impracticable, unnecessary, and contrary to the public interest. Neither the errors nor the corrections in this document affect the substance of the May 2024 Direct Final Rule or any of the conclusions reached in support of the direct final rule. Providing prior notice and an opportunity for public comment on correcting objective, typographical errors that do not change the substance of the energy conservation standards serves no useful purpose.

Further, this rule correcting a regulatory text error makes non-substantive changes to the product classes subject to the energy conservation standards. As such, this rule is not subject to the 30-day delay in effective date requirement of 5 U.S.C. 553(d) otherwise applicable to rules that make substantive changes.

IV. Impact of Any Lessening of Competition

EPCA directs DOE to consider any lessening of competition that is likely to result from new or amended standards. (42 U.S.C. 629(p)(4)(A)(i) and (C)(i)(II); 42 U.S.C. 6295(o)(2)(B)(i)(V)) It also directs the Attorney General of the United States (“Attorney General”) to determine the impact, if any, of any lessening of competition likely to result from a proposed standard and to transmit such determination to the Secretary within 60 days of the publication of a proposed rule, together with an analysis of the nature and extent of the impact. (42 U.S.C. 6295(o)(2)(B)(i)(V) and (B)(ii)) To assist the Attorney General in making this determination, DOE provided the Department of Justice (“DOJ”) with copies of the May 2024 Direct Final Rule, the corresponding NOPR, and the May 2024 Direct Final Rule TSD for review. DOE has published DOJ's comments at the end of this document.

In its letter responding to DOE, DOJ concluded that, based on its review, it is unlikely that the proposed energy conservation standards for MREFs would have a significant adverse impact on competition.

V. Review Under the National Environmental Policy Act of 1969

Pursuant to the National Environmental Policy Act of 1969 (“NEPA”), DOE had analyzed the direct final rule in accordance with NEPA and DOE's NEPA implementing regulations (10 CFR part 1021). DOE has determined that this rule qualifies for categorical exclusion under 10 CFR part 1021, subpart D, appendix B5.1 because it is a rulemaking that establishes energy conservation standards for consumer products or industrial equipment, none of the exceptions identified in B5.1(b) apply, no extraordinary circumstances exist that require further environmental analysis, and it meets the requirements for application of a categorical exclusion. See 10 CFR 1021.410. Therefore, DOE has determined that promulgation of this direct final rule is not a major Federal action significantly affecting the quality of the human environment within the meaning of NEPA and does not require an environmental assessment or an environmental impact statement.

VI. Conclusion

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

Signing Authority

This document of the Department of Energy was signed on September 20, 2024, by Jeffrey Marootian, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .

Signed in Washington, DC, on September 23, 2024.

List of Subjects in 10 CFR Part 430

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

Treena V. Garrett,

Federal Register Liaison Officer, U.S. Department of Energy.

For the reasons set forth in the preamble, DOE amends part 430 of chapter II, subchapter D, of title 10 of the Code of Federal Regulations, by making the following technical correction:

( print page 79374)

PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for part 430 continues to read as follows:

Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

2. Amend § 430.32 by revising paragraph (aa)(2)(ii) to read as follows:

§ 430.32

Energy and water conservation standards and their compliance dates.

* * * * *

(aa) * * *

(2) * * *

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

Product class	AEU (kWh/yr)
C-3A. Cooler with all-refrigerator—automatic defrost	4.11AV + 117.4.
C-3A-BI. Built-in cooler with all-refrigerator—automatic defrost	4.67AV + 133.0.
C-5-BI. Built-in cooler with refrigerator-freezer with automatic defrost with bottom-mounted freezer	5.47AV + 196.2 + 28I.
C-9. Cooler with upright freezer with automatic defrost	5.58AV + 147.7 + 28I.
C-9-BI. Built-in cooler with upright freezer with automatic defrost	6.38AV + 168.8 + 28I.
C-13A. Compact cooler with all-refrigerator—automatic defrost	4.74AV + 155.0.
C-13A-BI. Built-in compact cooler with all-refrigerator—automatic defrost	5.22AV + 170.5.
AV = Total adjusted volume, expressed in ft3 , as determined in appendix A to subpart B of this part.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.