[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7840-7846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02198]


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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: Final rule.

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SUMMARY: On July 18, 2016, the U.S. Department of Energy (DOE) 
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 final rule corrects certain 
inconsistencies between the instructions for determining product 
categories and the corresponding product definitions to avoid confusion 
regarding the application of those definitions.

DATES: The effective date of this rule is March 9, 2023.

ADDRESSES: The docket, which includes Federal Register notices, 
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 those containing 
information that is exempt from public disclosure.
    A link to 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.
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

[[Page 7841]]


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. Email: 
[email protected].
    Mr. Matthew Schneider, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (240)-597-6265. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. Background
III. Scope and Definitions
IV. Discussion of Amendments
    A. ``Coldest Temperature'' Requirement
    B. Products Meeting Multiple Product Category Definitions
    C. Compartment Volume Determination
V. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Congressional Notification
VI. Approval of the Office of the Secretary

I. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes 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 final rule, and collectively comprise what DOE refers to as 
``consumer refrigeration products'' in this document.
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    \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.
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    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)) EPCA originally included 
refrigerators, refrigerator-freezers, and freezers as covered products 
at 42 U.S.C. 6292(a)(1) and prescribed initial energy conservation 
standards for them at 42 U.S.C. 6295(b), which DOE has since amended 
through rulemakings. To address additional types of consumer 
refrigeration products, DOE added MREFs as covered products through a 
final coverage determination 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 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 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 any 
relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))
    This final rule 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. Background

    In the July 2016 Final Rule DOE amended the test procedure for 
refrigerators and refrigerator-freezers and established both coverage 
and procedures for testing miscellaneous refrigeration products 
(``MREFs''). 81 FR 46768. The July 2016 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.
    On June 13, 2022, DOE published a notice of proposed rulemaking 
(``NOPR'') applicable to consumer refrigeration products, proposing 
corrections to certain inconsistencies between the instructions for 
determining product categories and the corresponding product 
definitions to avoid confusion regarding the application of those 
definitions (``June 2022 NOPR''). 87 FR 35678. DOE requested comment 
from interested parties on the proposal.
    DOE received one comment in response to the June 2022 NOPR from the 
Association of Home Appliance Manufacturers (``AHAM''). A parenthetical 
reference at the end of a comment quotation or paraphrase provides the 
location of the item in the public record.\3\
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    \3\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
certifications for consumer refrigeration products. (Docket No. 
EERE-2022-BT-CRT-0021, which is maintained at www.regulations.gov). 
The references are arranged as follows: (commenter name, comment 
docket ID number, page of that document).
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III. Scope and Definitions

    DOE's regulations generally categorize consumer refrigeration 
products into different product categories based on operating 
temperatures, among other criteria. In the June 2022 NOPR, DOE 
described the various consumer refrigeration products and their 
definitions. 87 FR 35678, 35679. The various consumer refrigeration 
product categories are refrigerator, freezer, refrigerator-freezer, 
cooler, cooler-refrigerator, cooler-freezer, and cooler-refrigerator-
freezer. The latter three of the product categories are considered 
combination cooler refrigeration products. The term ``miscellaneous 
refrigeration product'' or MREF is defined to mean a consumer 
refrigeration product other than a

[[Page 7842]]

refrigerator, refrigerator-freezer, or freezer, which includes coolers 
and combination cooler refrigeration products. See generally 10 CFR 
430.2.
    The amendments in this final rule do not alter any of the 
definitions associated with the various consumer refrigeration 
products. Rather, as discussed below, this final rule seeks to narrowly 
clarify and correct inconsistencies in certain product category 
determination specifications within the certification provisions.

IV. Discussion of 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 MREF products other than 
cooler compartments. In the June 2022 NOPR, DOE provided examples 
illustrating how 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''). 87 FR 35678, 35680. DOE further noted 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).
    In the June 2022 NOPR, DOE tentatively determined that the coldest 
setting instructions as currently included in 10 CFR 429.14(d)(2) and 
10 CFR 429.61(d)(2) are inconsistent with the definitions established 
in the July 2016 Final Rule and therefore proposed to correct this 
inconsistency. 87 FR 35678, 35680. To address the issue, DOE proposed 
that the instructions for determining compartment classification would 
differentiate cooler compartments from other compartments. Id. For 
cooler compartments, DOE proposed 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. Id. 
For compartments other than cooler compartments, DOE proposed 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, and to instead specify that the 
compartment temperature settings used to determine product category 
would also 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. Id.
    AHAM agreed with DOE that the inclusion of the ``coldest setting'' 
instruction for compartments other than cooler compartments is an error 
and agreed that a correction is necessary. AHAM expressed general 
support for DOE's proposal, but suggested that the proposed wording 
changes for 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) did not 
completely resolve the issue. Specifically, AHAM suggested that while 
it was DOE's intent that a technician use the mean of the measured 
temperature locations in the compartment during testing, the proposed 
language makes no mention of how to take those measurements and 
determine a product category. AHAM noted that for refrigerator and 
freezer compartments, for example, the unit must be able to achieve 
temperatures between a certain range when tested. AHAM asserted that a 
technician at a test laboratory reading the proposed change to 10 CFR 
429.14(d)(2) could interpret the text to refer to the compartment 
temperature at the mean setting, rather than the mean of the measured 
temperature locations in the compartment, as intended by DOE's proposed 
language. (AHAM, No. 2 at p. 2-3)
    AHAM proposed alternate language for 10 CFR 429.14(d)(2) specifying 
that compartment temperature used to determine product category is per 
the definition in 10 CFR 430.2, and shall be the mean of the measured 
compartment temperatures for each tested unit of the basic model when 
measured according to section 5.1 of appendix A of subpart B of part 
430 for refrigerators and refrigerator-freezers, and section 5.1 of 
appendix B of subpart B of part 430 for freezers. Similarly, AHAM 
proposed language for 10 CFR 429.61(d)(2), specifying that compartment 
temperature used to determine product category is per the definition in 
10 CFR 430.2, and shall be the mean of the measured compartment 
temperatures at the coldest setting for each tested unit of the basic 
model when measured according to section 5.1 of appendix A to subpart B 
of part 430. AHAM's proposed language would also specify that for 
cooler compartments with temperatures below 39 [deg]F (3.9 [deg]C) but 
no lower than 37 [deg]F (2.8 [deg]C), the compartment temperatures used 
to determine product category, per the definitions in 10 CFR 430.2, 
shall also include the mean of the measured compartment temperatures at 
the warmest setting for each tested unit of the basic model when 
measured according to section 5.1 of appendix A to subpart B of part 
430. (AHAM, No. 2 at p. 3)
    AHAM stated that its proposed language reflects DOE's intent to 
correct inconsistencies between the instructions for determining 
product categories and the corresponding product definitions, while 
also providing additional specificity to avoid confusion in testing 
situations. AHAM further stated that the proposed edits would establish 
a direct connection between 10 CFR 429.14(d)(2), 10 CFR 429.61(d)(2), 
and their respective testing provisions of appendices A and B of 
subpart B of part 430, and the relevant product category definitions in 
10 CFR 430.2. (Id.)
    DOE has determined that the edits suggested by AHAM would provide 
greater specificity in indicating what settings would be required when 
making measurements to determine product category, and what procedures 
would be used when making the measurements. To provide even further

[[Page 7843]]

specificity, DOE has determined that the instructions should 
additionally refer to the specific test conditions of appendix A and/or 
appendix B, as applicable. Hence, DOE is amending the instructions at 
10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to explicitly state that 
product category determination shall be based on testing under the 
conditions specified in appendix A and/or appendix B, as applicable, in 
addition to the language suggested by AHAM. DOE notes that the 
introductory text in 10 CFR 429.14(d) and 429.61(d) references 10 CFR 
430.2 regarding product category definitions, and therefore DOE is not 
additionally referencing 10 CFR 430.2 within the amended text of 10 CFR 
429.14(d)(2) and 429.61(d)(2) as recommended by AHAM.
    Furthermore, DOE notes that AHAM's proposed edits to 10 CFR 
429.14(d)(2) suggest that the only temperatures needed for 
determination of product category are the temperatures that would be 
measured during energy testing of the product. However, in some cases, 
determining product classification may require determining the full 
range of a compartment's potential temperatures. For example, measuring 
the full range of temperatures may be required to determine whether a 
fresh food or freezer compartment is convertible.\4\ DOE also notes 
that combination cooler refrigeration products are also covered under 
10 CFR 429.61(d)(2). Thus, language applicable to fresh food and 
freezer compartments must also be included in that section. Hence, DOE 
is also amending 10 CFR 429.14(d)(2) and 10 CFR 429.61(d)(2) to 
emphasize that determination of compartment status may require 
determining the full range of compartment temperature.
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    \4\ DOE notes that the need to measure the full range of 
temperatures is already incorporated into AHAM's suggested language 
for cooler compartments with temperatures below 39 [deg]F (3.9 
[deg]C) but no lower than 37 [deg]F (2.8 [deg]C).
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    Finally, in cases where multiple units of a model are evaluated, 
DOE recognizes that for different units of the same model, a 
compartment within a given model may have a slightly different 
temperature range than for the other units. In such cases, DOE expects 
that the mean of the maximum or minimum temperatures of the compartment 
across the units in the sample would be considered when determining 
compartment status. DOE is adopting clarifying amendments in 10 CFR 
429.14(d)(2) and 10 CFR 429.61(d)(2) specifying that if the temperature 
ranges for the same compartment of multiple units of a sample are 
different, the maximum and minimum compartment temperatures for 
compartment status determination shall be based on the mean 
measurements for the units in the sample.

B. Products Meeting Multiple Product Category Definitions

    In the June 2022 NOPR, DOE proposed 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 (i.e., a ``convertible product''), the 
model must be tested and certified to each applicable product category. 
87 FR 35678, 35680-81.
    DOE received no comments on this proposal. For the reasons 
presented in the June 2022 NOPR, DOE is amending 10 CFR 429.14(d) and 
10 CFR 429.61(d) to specify that products that may be classified as 
both a fresh food compartment and a freezer compartment must be tested 
and certified to each applicable product category based on the 
operation of the compartment(s) as both fresh food and freezer 
compartments.
    DOE notes that the definition of a cooler compartment does not 
accommodate a compartment being classified as convertible between 
cooler status and fresh food status--this applies only for compartments 
that are convertible between fresh food and freezer status.

C. Compartment Volume Determination

    In this final rule, DOE is adopting editorial and clarifying 
amendments to the compartment volume determination instructions in 10 
CFR 429.14(d)(1) and 10 CFR 429.61(d)(1) to update and clarify the 
instructions, specifically as they relate to products with multiple 
compartments. In adopting these amendments, DOE is not modifying the 
existing approach, but rather including clarifications to ensure the 
compartment volume determination is properly performed for all product 
configurations.

V. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    This final rule is not a ``significant regulatory action'' under 
any of the criteria set out in section 3(f) of Executive Order 12866, 
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993). 
Accordingly, this action was not subject to review by the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule 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. DOE reviewed this final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003.
    This final rule makes amendments to address inconsistencies 
introduced in the July 2016 Final Rule. The corrections do not 
otherwise affect the scope or substance of the current test procedures 
for consumer refrigeration products.
    Therefore, DOE concludes that the impacts of the amendments in this 
final rule do not have a ``significant economic impact on a substantial 
number of small entities,'' and that the preparation of a FRFA 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

[[Page 7844]]

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 amending the certification or reporting requirements for 
consumer refrigeration products in this final rule.
    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 final rule, DOE establishes 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 development of such 
regulations. 65 FR 13735. DOE has examined this final 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 final 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, 
this final 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 regulatory action resulting 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 final 
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 final rule will 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 regulation will 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

[[Page 7845]]

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 final 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 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action 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.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

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 January 30, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, U.S. Department of 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 January 30, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends 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. Section 429.14 is amended by revising paragraph (d) to read as 
follows:


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

* * * * *
    (d) Product category determination. Each basic model shall be 
certified according to the appropriate product category as defined in 
Sec.  430.2 of this chapter based on compartment volumes and 
compartment temperatures. If one or more compartments could be 
classified as both a fresh food compartment and a freezer compartment, 
the model must be certified to each applicable product category based 
on the operation of the compartment(s) as both fresh food and freezer 
compartments.
    (1) Compartment volume used to determine product category shall be, 
for each compartment, the mean of the volumes of that specific 
compartment for the sample of tested units of the basic model, measured 
according to the provisions in section 4.1 of appendix A of subpart B 
of part 430 of this chapter for refrigerators and refrigerator-freezers 
and section 4.1 of appendix B of subpart B of part 430 of this chapter 
for freezers, or, for each compartment, the volume of that specific 
compartment calculated for the basic model in accordance with Sec.  
429.72(c).
    (2) Determination of the compartment temperature ranges shall be 
based on operation under the conditions specified and using measurement 
of compartment temperature as specified in appendix A of subpart B of 
part 430 of this chapter for refrigerators and refrigerator-freezers 
and appendix B of subpart B of part 430 of this chapter for freezers. 
The determination of compartment status may require evaluation of a 
model at the extremes of the range of user-selectable temperature 
control settings. If the temperature ranges for the same compartment of 
multiple units of a sample are different, the maximum and minimum 
compartment temperatures for compartment status determination shall be 
based on the mean measurements for the units in the sample.

0
3. Section 429.61 is amended by revising paragraph (d) to read as 
follows:


Sec.  429.61  Consumer miscellaneous refrigeration products.

* * * * *
    (d) Product category determination. Each basic model of 
miscellaneous refrigeration product must be certified according to the 
appropriate product category as defined in Sec.  430.2 of this chapter 
based on compartment volumes and compartment temperatures. If one or 
more compartments could be classified as both a fresh food compartment 
and a freezer compartment, the model must be certified to each 
applicable product category based on the operation of the 
compartment(s) as both fresh food and freezer compartments.

[[Page 7846]]

    (1) Compartment volume used to determine product category shall be, 
for each compartment, the mean of the volumes of that specific 
compartment for the sample of tested units of the basic model, measured 
according to the provisions in section 4.1 of appendix A of subpart B 
of part 430 of this chapter, or, for each compartment, the volume of 
that specific compartment calculated for the basic model in accordance 
with Sec.  429.72(d).
    (2) For compartments other than cooler compartments, determination 
of the compartment temperature ranges shall be based on operation of 
the product under the conditions specified in appendix A to subpart B 
of part 430 of this chapter for miscellaneous refrigeration products. 
The determination of compartment status may require evaluation of a 
model at the extremes of the range of user-selectable temperature 
control settings. If the temperature ranges for the same compartment of 
multiple units of a sample are different, the maximum and minimum 
compartment temperatures for compartment status determination shall be 
based on the mean measurements for the units in the sample.

[FR Doc. 2023-02198 Filed 2-6-23; 8:45 am]
BILLING CODE 6450-01-P