Document headings vary by document type but may contain the following:
See the Document Drafting Handbook for more details.
AGENCY:
Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION:
Direct final rule; confirmation of effective and compliance dates; technical correction.
SUMMARY:
The U.S. Department of Energy (“DOE”) published a direct final rule to establish new energy conservation standards for miscellaneous refrigeration products in the Federal Register on May 7, 2024. DOE has determined that the comments received in response to the direct final rule are not adverse and, thus, do not provide a reasonable basis for withdrawing the direct final rule. Therefore, DOE provides this document confirming the effective and compliance dates of those standards. This document also corrects an error in the amended regulatory text as it appeared in the direct final rule published on May 7, 2024.
DATES:
The technical correction in this document is effective September 30, 2024.
The effective date of September 4, 2024, for the direct final rule published May 7, 2024 (89 FR 38762) is confirmed. Compliance with the standards established in the direct final rule will be required on January 31, 2029.
ADDRESSES:
The docket for this rulemaking, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at www.regulations.gov . All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2020-BT-STD-0039 . The docket web page contains instructions on how to access all documents, including public comments, in the docket.
For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: ApplianceStandardsQuestions@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-5904. Email: ApplianceStandardsQuestions@ee.doe.gov.
Ms. Kristin Koernig, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-4789. Email: kristin.koernig@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Miscellaneous Refrigeration Products Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Typographical Error Correction
IV. Impact of Any Lessening of Competition
V. Review Under the National Environmental Policy Act of 1969
VI. Conclusion
I. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”), authorizes DOE to issue a direct final rule establishing an energy conservation standard for a product on receipt of a statement submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary of Energy (“Secretary”), that contains recommendations with respect to an energy or water conservation standard that are in accordance with the provisions of 42 U.S.C. 6295(o) or 42 U.S.C. 6313(a)(6)(B), as applicable. (42 U.S.C. 6295(p)(4))
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.
The direct final rule must be published simultaneously with a notice of proposed rulemaking (“NOPR”) that proposes an energy or water conservation standard that is identical to the standard established in the direct final rule, and DOE must provide a public comment period of at least 110 days on this proposal. (42 U.S.C. 6295(p)(4)(A)-(B)) Not later than 120 days after issuance of the direct final rule, DOE shall withdraw the direct final rule if: (1) DOE receives one or more adverse public comments relating to the direct final rule or any alternative joint recommendation; and (2) based on the rulemaking record relating to the direct final rule, DOE determines that such adverse public comments or alternative joint recommendation may provide a reasonable basis for withdrawing the direct final rule. (42 U.S.C. 6295(p)(4)(C)) If DOE makes such a determination, DOE must proceed with the NOPR published simultaneously with the direct final rule and publish in the Federal Register the reasons why the direct final rule was withdrawn. ( Id.)
After review of the comments received in response to the direct final rule, DOE has determined that it did not receive any adverse comments providing a basis for withdrawal described above for the direct final rule that is the subject of this document. As such, DOE did not withdraw this direct final rule and allowed it to become effective. Although not required under EPCA, where DOE does not withdraw a direct final rule, DOE customarily publishes a summary of the comments received during the 110-day comment period and its responses to those comments. This document contains such a summary, as well as DOE's responses to the comments.
II. Miscellaneous Refrigeration Products Direct Final Rule
A. Background
In a direct final rule published on October 28, 2016, DOE prescribed the current energy conservation standards for miscellaneous refrigeration products (“MREFs”) manufactured on and after October 28, 2019. 81 FR 75194. These standards are set forth in DOE's regulations at 10 CFR 430.32(aa)(1) and (2). These standards are consistent with a negotiated term sheet submitted to DOE by interested parties representing manufacturers, energy and environmental advocates, and consumer groups.
The negotiated term sheets are available in docket ID EERE-2011-BT-STD-0043 on www.regulations.gov .
On March 31, 2023, DOE published a NOPR proposing to establish amended standards for MREFs. 88 FR 19382.
On September 25, 2023, DOE received a joint statement (“Joint Agreement”) recommending standards for MREFs that was submitted jointly by groups representing manufacturers, energy and environmental advocates, consumer groups, and a utility. In addition to the recommended standards for MREFs, the Joint Agreement also included separate recommendations for several other covered products. The amended standard levels recommended in the Joint Agreement for MREFs, which are expressed in terms of kilowatt hours per year (“kWh/yr”), are presented in table II.1. Details of the Joint Agreement recommendations for other products are provided in the Joint Agreement posted in the docket for this rulemaking.
The signatories to the Joint Agreement include the association of Home Appliance Manufacturers (“AHAM”), American Council for an Energy-Efficient Economy, Alliance for Water Efficiency, Appliance Standards Awareness Project, Consumer Federation of America, Consumer Reports, Earthjustice, National Consumer Law Center, Natural Resources Defense Council, Northwest Energy Efficiency Alliance, and Pacific Gas and Electric Company. Members of AHAM's Major Appliance Division that manufacture the affected products include: Alliance Laundry Systems, LLC; Asko Appliances AB; Beko US Inc.; Brown Stove Works, Inc.; BSH; Danby Products, Ltd.; Electrolux Home Products, Inc.; Elicamex S.A. de C.V.; Faber; Fotile America; GEA, a Haier Company; L'Atelier Paris Haute Design LLG; LGEUSA; Liebherr USA, Co.; Midea America Corp.; Miele, Inc.; Panasonic Appliances Refrigeration Systems (PAPRSA) Corporation of America; Perlick Corporation; Samsung; Sharp Electronics Corporation; Smeg S.p.A; Sub-Zero Group, Inc.; The Middleby Corporation; U-Line Corporation; Viking Range, LLC; and Whirlpool.
The Joint Agreement contained recommendations for 6 covered products: refrigerators, refrigerator-freezers, and freezers; clothes washers; clothes dryers; dishwashers; cooking products; and miscellaneous refrigeration products.
The Joint Agreement is available in the docket at: www.regulations.gov/document/EERE-2020-BT-STD-0039-0034 .
Table II.1—Recommended Amended Energy Conservation Standards for Miscellaneous Refrigeration Products
Table II.2—Energy Conservation Standards for MREFs
[Compliance starting January 31, 2029]
This table corrects typographical errors in the May 2024 Direct Final Rule in the product class descriptions for product classes C-9 and C-9-BI, as discussed further in section III.B of this document.
This table corrects typographical errors in the May 2024 Direct Final Rule in the product class descriptions for product classes C-9 and C-9-BI, as discussed further in section III.B of this document.
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. |