[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Proposed Rules]
[Pages 65223-65231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25943]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 /
Proposed Rules
[[Page 65223]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-DET-0072]
RIN 1904-AC51
Energy Conservation Program for Consumer Products: Proposed
Determination of Miscellaneous Residential Refrigeration Products as
Covered Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental proposed determination.
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SUMMARY: The U.S. Department of Energy (DOE) has preliminarily
determined that wine chillers and other residential refrigeration
products that incorporate a compressor but do not meet the current
regulatory definitions for electric refrigerator, refrigerator-freezer,
and freezer, qualify for coverage under the Energy Policy and
Conservation Act (EPCA) as amended. This proposal also covers
residential ice makers. Today's notice supplements an earlier proposed
determination in which DOE tentatively concluded that residential
refrigeration products that do not incorporate a compressor should be
covered by energy conservation standards. As part of its review of
residential refrigeration products generally, DOE is soliciting public
comment on the feasibility of covering compressor-based miscellaneous
residential refrigeration products based on the same criteria that had
been evaluated earlier for non-compressor based residential
refrigeration products.
DATES: DOE will accept written comments, data, and information on this
notice, but no later than December 2, 2013.
ADDRESSES: The docket is available for review at regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
regulations.gov index. 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 http://www.regulations.gov/#!docketDetail;D=EERE-2011-BT-DET-0072.
For further information on how to submit or review public comments
or view hard copies of the docket, contact Ms. Brenda Edwards at (202)
586-2945 or email: [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 287-1317. Email: [email protected].
In the Office of General Counsel, contact Mr. Michael Kido, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-8145. Email: [email protected].
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Scope of Coverage
IV. Evaluation of the Annual Energy Use of Thermoelectric and
Absorption Refrigeration Products
A. Coverage Necessary or Appropriate to Carry Out Purposes of
EPCA
B. Average Household Energy Use
1. Vapor Compression Wine Chillers
2. Thermoelectric Refrigeration Products
3. Absorption Refrigeration Products
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 of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (EPCA), as
amended (42 U.S.C. 6291, et seq.), sets forth various provisions
designed to improve energy efficiency. Part B of Title III of EPCA (42
U.S.C. 6291-6309) established the ``Energy Conservation Program for
Consumer Products Other Than Automobiles,'' which covers consumer
products and certain commercial products (i.e. ``covered
products'').\1\
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\1\ Upon codification in the U.S. Code, Part B was re-designated
Part A for editorial reasons.
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EPCA specifies a list of covered consumer products that includes
refrigerators, refrigerator-freezers, and freezers. Although EPCA did
not define any of these products, it specified that the extent of DOE's
coverage would apply to those refrigerator, refrigerator-freezers, and
freezers that can be operated by alternating current (AC) electricity,
are not designed to be used without doors, and include a compressor and
condenser as an integral part of the cabinet assembly. (42 U.S.C.
6292(a)(1)) EPCA did not preclude or otherwise foreclose the
possibility that other consumer refrigeration products, such as those
residential refrigeration products addressed in today's notice, could
also be covered if they satisfy certain prerequisites.
Those prerequisites, when met, permit the Secretary of Energy to
classify additional types of consumer products as covered products. For
a given product to be classified as a covered product, the Secretary
must determine that (1) covering that product is either necessary or
appropriate to carry out the purposes of EPCA and (2) the average
annual per-household energy use by products of such type is likely to
exceed 100 kWh per year. (42 U.S.C. 6292(b)(1)).
With respect to the terms ``electric refrigerator'' and ``electric
refrigerator-freezer,'' DOE had defined these items in terms of their
ability to safely store fresh food. In so doing, the agency has amended
the definitions of ``electric refrigerator'' and ``electric
refrigerator-freezer'' in 10 CFR 430.2 to separate them from other
miscellaneous residential refrigeration products such as wine chillers.
DOE established this
[[Page 65224]]
separation using temperature as the means of distinguishing between
these groups of products, with 39 [deg]F being the dividing line
between these groups. This temperature denotes the recommended maximum
temperature for the safe storage of food. It also distinguishes these
products from ``all-refrigerators,'' which are a small and special
subset of refrigerators.\2\ Under the current regulatory approach,
those products that can achieve this temperature and that otherwise
meet the EPCA criteria for coverage as refrigerators, refrigerator-
freezers, or freezers (i.e., designed to be used with doors and include
a compressor and condenser as an integral part of the cabinet assembly)
would be treated and regulated as electric refrigerators and electric
refrigerator-freezers, while those that cannot meet the temperature
requirements would fall outside of the scope of these definitions. See,
e.g. 66 FR 57845 (Nov. 19, 2001) and 75 FR 78810 (Dec. 16, 2010). As a
result, DOE generally views products such as wine chillers as a type of
product not addressed by the original EPCA coverage of refrigerators
and refrigerator-freezers. Today's proposed coverage determination
addresses those miscellaneous residential refrigeration products that
fall outside of this already-established regulatory scope.
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\2\ All-refrigerators, under DOE's definition, do not have a
compartment for the freezing and long-term storage of food at
temperatures below 32 [deg]F but may contain a compartment of 0.50
cubic feet capacity or less for the freezing and storage of ice.
These products use a standardized compartment temperature of 38
[deg]F in the current Appendix A1 test procedure, and 39 [deg]F in
the Appendix A test procedure that will be required beginning
September 15, 2014.
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When attempting to cover additional product types, DOE must first
determine whether the criteria described above in 42 U.S.C. 6292(b)(1)
are met. Once those criteria have been satisfied, the Secretary may
begin to prescribe energy conservation standards for a covered product.
See 42 U.S.C. 6295(o) and (p). In order to set standards for a given
product that has been added as a newly covered product pursuant to 42
U.S.C. 6292(b)(1), the Secretary must determine that four additional
criteria are met. First, the average per household energy use within
the United States by the products of such type (or class) exceeded 150
kilowatt-hours (kWh) (or its British thermal unit (Btu) equivalent) for
any 12-month period ending before such determination. Second, the
aggregate household energy use within the United States by products of
such type (or class) exceeded 4,200,000,000 kilowatt-hours (or its Btu
equivalent) for any such 12-month period. Third, a substantial
improvement in the energy efficiency of products of such type (or
class) is technologically feasible. And fourth, the application of a
labeling rule under 42 U.S.C. 6294 to such type (or class) is not
likely to be sufficient to induce manufacturers to produce, and
consumers and other persons to purchase, covered products of such type
(or class) that achieve the maximum energy efficiency that is
technologically feasible and economically justified. (42 U.S.C.
6295(l)(1)).
In addition to the above, if DOE issues a final determination that
miscellaneous residential refrigeration products are covered products,
DOE will consider test procedures for these products and will determine
if these products satisfy the required criteria of 42 U.S.C. 6295(l)(1)
prior to setting any energy conservation standards for them.
II. Current Rulemaking Process
On November 8, 2011, DOE published a proposed coverage
determination for non-compression equipped residential refrigeration
products in anticipation of a rulemaking to address these products and
related residential refrigeration products. 76 FR 69147. On February
23, 2012, DOE began a scoping process to set potential energy
conservation standards and test procedures for wine chillers, non-
compressor equipped residential refrigeration products, and residential
icemakers, by publishing a notice of public meeting, and providing a
framework document that addressed potential standards and test
procedure rulemakings. 77 FR 7547. Since that time, DOE has determined
that coverage for these products should treat vapor compression wine
chillers, non-vapor compression refrigeration products, hybrid
refrigeration products, and residential ice makers as a combined
product type distinct from the types of refrigerators, refrigerator-
freezers, and freezers currently covered by EPCA. DOE reached this
determination after evaluating the various information it had been able
to collect and the comments submitted by interested parties in response
to the earlier notices. If, after further public comment submitted in
response to today's notice, DOE determines that coverage of these
products is warranted, DOE will consider setting both test procedures
and energy conservation standards for these products, which would
proceed in the same manner described in the proposed determination
published on November 8, 2011. See 76 FR at 69149.
III. Scope of Coverage
DOE is proposing to adopt a determination that would extend
coverage to all residential refrigeration products that are not
currently addressed by those provisions regulating the energy
efficiency of residential refrigeration products (42 U.S.C.
6292(a)(1)). DOE is considering this course of action to examine the
feasibility of ensuring that these products achieve a minimum level of
efficiency, while meeting the prescribed statutory prerequisites. As a
result, those products that (1) are not capable of reaching the
requisite temperature for safe food storage (i.e. 39 [deg]F), (2) do
not include a condenser and compressor as an integral part of the
product's cabinet assembly, or (3) are designed solely for the
production and storage of ice, would, if adopted by DOE, be treated as
covered products.
DOE seeks feedback from interested parties on this proposed scope
of coverage.
IV. Evaluation of the Annual Energy Use of Thermoelectric and
Absorption Refrigeration Products
The following sections describe DOE's tentative evaluation of
whether miscellaneous residential refrigeration products fulfill the
EPCA criteria for being added as covered products. As stated
previously, DOE may classify a consumer product as a covered product if
(1) classifying products of such type as covered products is necessary
and appropriate to carry out the purposes of EPCA; and (2) the average
annual per-household energy use by products of such type is likely to
exceed 100 kilowatt-hours (or its Btu equivalent) per year. 42 U.S.C.
6292(b)(1).
A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA
In DOE's tentative view, the coverage of miscellaneous residential
refrigeration products is both necessary and appropriate to carry out
the purposes of EPCA. These products consume energy generated from
limited energy supplies and their regulation would be likely to result
in the improvement of their energy efficiency. Accordingly,
establishing standards for these products fall squarely within the
overall statutory goals set out in EPCA to: (1) Conserve energy
supplies through energy conservation programs; and (2) provide for
improved energy efficiency of major appliances and certain other
consumer products. (42 U.S.C. 6201)
As discussed in the November 2011 proposed determination, DOE is
currently considering initiating an
[[Page 65225]]
energy conservation standard rulemaking addressing wine chillers. As a
prerequisite to the setting of standards for these products, DOE seeks
to establish that wine chillers are a distinct type of covered product
under EPCA. DOE is also interested in ensuring that both compressor-
based and non-compressor-based products would be covered as part of
this approach in order to prevent a mass shift in the market from
compressor-based to alternative refrigeration technologies such as
thermoelectric- and absorption-based systems that currently fall
outside of EPCA's scope of coverage for refrigeration products. Thus,
DOE proposed in the previous notice to extend coverage to non-
compressor based refrigeration products. To ensure that DOE is able to
consider energy conservation standards for the other products that
currently fall outside the regulatory coverage established by EPCA, the
proposal in this notice addresses all other products that are not
presently covered in addition to those products already addressed by
the November 2011 notice, including wine chiller products that
incorporate a compressor, and residential ice makers.
DOE also notes that, with respect to the potential for labeling
requirements to serve as an adequate inducement for manufacturers to
produce--and consumers to purchase--energy efficient residential
refrigeration products, DOE does not currently have sufficient
information to determine whether such an approach would be likely to
satisfy this condition. See 42 U.S.C. 6295(l)(1)(D). While DOE plans to
investigate this issue with respect to any proposed rule that it may
issue, the agency seeks information on this matter to help it ascertain
the effectiveness of such an approach with respect to the residential
refrigeration products addressed by today's notice.
B. Average Household Energy Use
DOE estimated that the average household energy use for vapor
compression wine chillers, the primary types of residential
refrigeration products that do not incorporate a compressor
(thermoelectric and absorption wine chillers and refrigerators),
residential ice makers, and hybrid refrigeration products (consisting
of both a wine chiller and a refrigerator, refrigerator-freezer or
freezer). DOE found no evidence that non-vapor compression freezers are
used in U.S. households, so energy use estimates for these products are
not provided.
1. Vapor Compression Wine Chillers
DOE conducted testing on eight vapor compression wine chillers with
rated capacities of 17, 48, 50, 57, 132, and 147 bottles. These
products were tested using the test procedures prescribed by the
California Energy Commission (CEC) (2012 Appliance Efficiency
Regulations, CEC-400-2012-019-CMF, Table A-1, p. 70). The measured
energy consumption of these products ranged from 161 kWh to 480 kWh.
DOE compared the energy consumption of two vapor compression wine
chillers measured in the field with the maximum allowable energy use
for products of their size, as required under the California Energy
Commission (CEC) standard for automatic defrost wine chillers, and
found that the field energy use was lower by approximately one-half.
DOE also conducted closed-door testing of eight vapor compression wine
chillers in typical room-temperature conditions of 72 [deg]F and found
that the energy use for this condition was also on average about half
(46 percent) the energy use measured in 90 [deg]F ambient conditions.
This observation suggests that if the usage factor for vapor
compression wine chillers (the factor applied to the actual energy use
measured in a 90 [deg]F closed-door test to obtain a result
representative of typical room conditions) did not consider the impact
of door openings, it should be 0.46 rather than the 0.85 factor used in
the CEC test procedure. If consideration is given for some limited
number of door openings, a usage factor equal to 0.55 may be
appropriate--this factor is consistent with an assumption that the
energy use associated with door openings is equal to roughly one-fifth
of the closed-door energy use.\3\
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\3\ Dividing 0.55 by 0.46 and subtracting 1.0 from the quotient
results in a value roughly equal to one-fifth.
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Based on limited field data and laboratory testing at different
ambient temperature conditions, DOE believes the energy use estimates
based on the current CEC test procedure for these products are high. As
discussed above, use of the 0.55 usage factor appears to be more
appropriate than the 0.85 usage factor prescribed by the current CEC
test. Hence, in order to estimate field energy use for wine chillers,
DOE adjusted the reported energy use of wine chillers (which is based
on the CEC test procedure) by dividing the reported energy use by 0.85
and multiplying by 0.55.
DOE acquired data on the distribution of vapor compression wine
chiller internal volumes (or capacities) found in U.S. households from
a study that used online surveys.\4\ However, DOE did not have energy
use rating information for these products and instead assumed that
these products all consume the maximum allowable energy as allowed by
the CEC energy standard. Using the average capacity of vapor
compression wine chillers from these data (3.6 cubic feet), and the CEC
energy standard (adjusted for the differences between field and test
procedure energy use as described above) to represent average energy
use, DOE estimated that the average annual energy consumption of vapor
compression wine chillers is 268 kWh.
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\4\ Greenblatt, J. B., et al. (2013). ``U.S. Residential
Miscellaneous Refrigeration Products: Results from Amazon Mechanical
Turk Surveys,'' Lawrence Berkeley National Laboratory, Report number
6194E, April.
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The online surveys in the study also provided information on the
saturation of vapor compression wine chillers found in U.S. households.
Using these data, DOE found a market saturation rate of 1.60% for vapor
compression wine chillers, yielding a national stock estimate of
1,860,000. Together with the above information on the average annual
energy consumption of vapor compression wine chillers, DOE estimates
the national energy consumption of vapor compression wine chillers to
be 0.50 terawatt-hours (TWh) per year.
Finally, the online surveys provided data on the distribution of
ages of wine chillers (both vapor compression and thermoelectric). From
these data, DOE derived an estimate of the lifetime of wine chillers of
approximately 4.5 years. Together with the above estimate of the
national stock of vapor compression wine chillers, DOE estimates annual
sales of vapor compression wine chillers at 410,000 units.
2. Thermoelectric Wine Chillers
This section provides an update to the estimates of energy use by
residential thermoelectric refrigeration products that DOE provided in
the notice of proposed determination published on November 2011. See 76
FR at 69150. Since that notice's publication, DOE conducted laboratory
testing of three thermoelectric wine chillers (DOE TE WC Data, No. 6).
These products had rated capacities of 6, 12, and 28 bottles. They were
tested using the CEC test procedure (2012 Appliance Efficiency
Regulations, CEC-400-2012-019-CMF, Table A-1, p. 70). The testing
yielded measured energy usage for these products ranging from 413 kWh
to 550 kWh. However, two of these three products were not able to
maintain the
[[Page 65226]]
55 [deg]F compartment temperature target for wine chillers in the
required 90 [deg]F test room temperature. When tested in a 72 [deg]F
room temperature and applying a 1.2 usage factor \5\ to account for
door openings, the measured energy use of the products ranged from 142
kWh to 664 kWh. For these tests, all three products were able to
maintain the 55 [deg]F compartment temperature target; however, the 28-
bottle product just barely maintained this temperature in its coldest
setting. The metered data and laboratory test results together indicate
that thermoelectric wine chiller annual energy use exceeds the 100 kWh
per year threshold set by EPCA as a prerequisite for establishing
coverage.
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\5\ Similar to the analysis for vapor compression wine chillers
discussed in section III.IV.B.IV.B.1, this usage factor assumes that
the energy use associated with door openings is one-fifth of the
closed-door energy use.
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DOE also acquired energy consumption data from six thermoelectric
wine chillers measured under field conditions (two in residential homes
and four in an office with an average ambient temperature of
approximately 70 [deg]F), and gathered energy use data for 35
thermoelectric wine chillers from manufacturer and/or retailer Web
sites. (TE CC, No. 9) Taken together, these products had rated
capacities from 0.6 to 4.9 cubic feet, with average annual energy use
ranging from 183 to 803 kWh.
Including the previously discussed laboratory test data for three
units, the thermoelectric wine chiller data represented 44 individual
measurements, shown in Table 1. DOE developed a linear regression using
all data weighted equally:
UEC = 82.67*C + 222.6
Where
UEC = unit energy consumption in kWh/yr
C = wine chiller capacity in cubic feet (analysis of wine chiller
data from manufacturer Web sites indicates a relationship between
number of wine bottles and capacity of 8.22 wine bottles per cubic
foot. This factor was used to convert rated capacities in bottles
into rated capacities in cubic feet.)
Table 1--Energy Consumption Data for Thermoelectric Wine Chillers
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Annual
Volume energy
Source (Cu. Ft.) consumption
(kWh)
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Manufacturer Web site......................... 0.56 310
0.56 183
0.64 365
0.73 183
0.81 183
0.81 201
0.81 201
0.88 292
0.88 292
0.97 183
0.99 183
1.17 292
1.17 219
1.17 292
1.20 548
1.24 365
1.41 548
1.46 365
1.46 219
1.62 365
1.62 237
1.69 365
1.69 365
1.69 365
1.77 365
1.87 475
2.05 365
2.30 548
2.30 402
2.30 438
2.40 548
2.47 438
2.75 475
4.94 803
4.94 657
Laboratory test............................... 0.64 142
1.08 439
2.26 664
Field measurement............................. 0.73 427
0.97 266
1.46 216
1.82 248
3.41 608
6.81 482
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The online surveys in the study described in section IV.B.1
provided information on the distribution of thermoelectric wine chiller
capacities. Using the average capacity of thermoelectric wine chillers
from these data (1.51 cubic feet), and the above linear regression of
unit energy consumption versus capacity, DOE estimated the average
annual energy consumption of thermoelectric wine chillers to be 348
kWh. Note that this represents 30 percent greater energy use than the
vapor compression wine chiller average, whereas the average product
volume is 58 percent less than the average for vapor compression wine
chillers.
The online surveys also provided saturation data for thermoelectric
wine chillers found in U.S. households. Using these data, DOE found a
saturation rate of 9.0% for thermoelectric wine chillers, yielding a
national stock estimate of 10,500,000. Together with the above
information on the average annual energy consumption of thermoelectric
wine chillers, DOE estimates national energy consumption of
thermoelectric wine chillers to be 3.64 TWh per year.
Using the estimate of the lifetime of wine chillers described above
(4.5 years) along with the above estimate of the national stock of
thermoelectric wine chillers, DOE estimates annual sales of these
products at 2,300,000 units.
3. Thermoelectric Refrigerators
Very little energy consumption information was available for non-
vapor compression refrigerators. DOE tested two thermoelectric
refrigerators at ambient temperatures of both 72 [deg]F and 90 [deg]F.
Neither product was able to maintain a 39 [deg]F compartment
temperature in the 90 [deg]F condition, and only one of the two was
able to maintain this compartment temperature in the 72 [deg]F
condition. Estimating the expected energy use of such products, if used
in the field, is complicated by the inability of the products to
maintain the compartment temperature. However, DOE estimated that the
average annual energy consumption in field use would be 566 kWh.
The online surveys conducted as part of the study described in the
previous sections provided saturation data for thermoelectric
refrigerators found in U.S. households. Using these data, DOE found a
market saturation rate of 2.5% for thermoelectric refrigerators,
yielding a national stock estimate of 2,900,000. Together with the
above information on the average annual energy consumption of
thermoelectric refrigerators, DOE estimates national annual energy
consumption of thermoelectric wine chillers to be 1.64 TWh.
However, the estimated saturation rate of thermoelectric
refrigerators is uncertain, ranging from 1.1% to 3.8%. This uncertainty
results in national stock estimates that range between 1,200,000 and
4,400,000, and national annual energy consumption estimates that range
from 0.68 to 2.49 TWh.
DOE was unable to obtain data providing an estimate of the lifetime
of thermoelectric refrigerators. Therefore, using the estimate of the
lifetime of wine chillers described above (4.5 years) as a proxy, along
with the central estimate of the national stock of thermoelectric
refrigerators, DOE estimates annual sales of these products at 600,000
units.
[[Page 65227]]
4. Absorption Refrigeration Products
This section provides an update to the estimates of energy use by
residential thermoelectric refrigeration products that DOE provided in
the November 2011 notice of proposed determination. See 76 FR at 69151.
The online survey data that DOE acquired from the study discussed
in the previous sections provided no evidence indicating absorption-
based wine chillers or other refrigeration products are used in homes.
However, this technology is commonly used by the hotel industry. DOE
estimated that the total stock of absorption refrigeration products in
hotels, based on data from Dometic Corporation (a provider of
specially-designed refrigerators for, among other things, the storage
of wine), is approximately 400,000 units. (Dometic Group Company
Presentation 2011-03-15, No. 7 at pp. 40, 42)
Information provided on manufacturer Web sites regarding absorption
product energy use cited values between 207 and 730 kWh per year, but
did not clarify which test procedures were used to determine these
values and did not indicate the operating temperature ranges of the
advertised products. (Dometic Screenshots, No. 8) However, DOE measured
the energy use of a 1.4 cubic foot absorption refrigerator using
closed-door tests in both 72 [deg]F and 90 [deg]F ambient temperature
conditions. The unit was not able to maintain a 39 [deg]F compartment
temperature in the 90 [deg]F condition. For the 72 [deg]F condition,
the unit was able to maintain a compartment temperature below 39
[deg]F. Not including any usage factor adjustment, the measured energy
use was 461 kWh. Applying a usage adjustment factor for door openings
of 1.2, the projected field energy use of such a product would be 553
kWh. As discussed previously, this usage adjustment factor may be
appropriate for wine chillers, but it is unclear whether it adequately
accounts for door openings in refrigerators.
Together with the above energy use estimate, and assuming that the
Dometic estimate represents the national stock of these units, DOE
estimated national annual energy use of absorption refrigeration
products to be 0.22 TWh.
DOE was unable to obtain data providing an estimate of the lifetime
of absorption refrigeration products. Using the estimate of the
lifetime of wine chillers described above (4.5 years) as a proxy, along
with the above estimate of the national stock of absorption
refrigeration products, DOE estimates annual sales of these products at
90,000 units.
5. Hybrid Refrigeration Products
For the purposes of this discussion, the term ``hybrid'' refers to
any product that includes compartments designed for storage at warmer
temperatures than fresh food compartments and that otherwise serves the
functions of a refrigerator, refrigerator-freezer, or freezer. DOE
conducted an online manufacturer model search for hybrid refrigeration
products, and found a total of potentially up to 23 unique models,
including 21 hybrid refrigerator-wine chillers (one manual defrost unit
and 20 automatic defrost units) and two hybrid freezer-wine chillers.
From these data, DOE determined that the average capacity of hybrid
refrigerator-wine chillers was 7.4 cubic feet, and the average annual
energy consumption of hybrid refrigerator-wine chillers was 415 kWh--
these averages are based on the information provided for two units by
manufacturer Web sites (Hybrid U-Line, No. 11 and Hybrid Vinotemp, No.
12, p. 2) and a third from the petition for waiver from the DOE test
procedure of Sanyo E&E Corporation for a hybrid wine chiller/beverage
center (77 FR 19654 (April 2, 2012)). For the two hybrid freezer-wine
chiller models, the average unit capacity was 12.6 cubic feet, and the
upper limit to the annual energy consumption was 413 kWh based on
information provided for one unit by a manufacturer Web site.\6\
(Hybrid Liebherr, No. 10, p. 1)
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\6\ The manufacturer (Liebherr) did not provide an annual energy
use estimate for the freezer-cooled cabinet model (WF 1061: 4.5 cu.
ft. cooled cabinet, 4.5 cu ft. freezer). However, information on a
unit of comparable volume (BF 1061: 5.5 cu. ft. fresh food and 4.5
cu. ft. freezer) was available with an annual energy use estimate of
413 kWh/yr. This value was used as an upper limit to the energy
consumption of the freezer-cooled cabinet model.
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The online surveys from the study discussed in the previous
sections provided market saturation data for hybrid refrigeration
products found in U.S. households. Using these data, DOE found a
saturation rate of 3.1% for hybrid refrigerator-wine chillers and 0.8%
for hybrid freezer-wine chillers, yielding national stock estimates of
3,600,000 hybrid refrigerator-wine chillers and 900,000 hybrid freezer-
wine chillers.
Together with the above information on the average annual energy
consumption of hybrid refrigeration products, DOE estimates the
national annual energy consumption of hybrid refrigerator-wine chillers
to be 1.49 TWh, and of hybrid freezer-wine chillers to be 0.37 TWh.
DOE was unable to obtain data providing an estimate of the lifetime
of hybrid refrigeration products. Using the estimated lifetimes of
refrigerators (17 years) and freezers (22 years) from the 2011 Final
Rule for Residential Refrigerators, Refrigerator-Freezers, and Freezers
(76 FR 57516-57612) as proxies, along with the above estimate of the
national stocks of hybrid refrigeration products, DOE estimates annual
sales to be 200,000 hybrid refrigerator-wine chillers and 40,000 hybrid
freezer-wine chillers.
6. Residential Ice Makers
DOE measured the energy use of a portable and a non-portable ice
maker in typical room temperature conditions. The energy use of the
portable ice maker was 139 kWh. This includes applying a 50% usage
factor to account for the expectation that the unit would not be
plugged in for the entire year. The energy use of the non-portable ice
maker was 842 kWh. Both of these measurements incorporate energy use
associated both with ice production and ice storage. In addition, the
energy use associated with ice production is based on an estimated
production amount of 4 pounds of ice per day. (For the portable ice
maker, this estimate applies only during times when the unit is plugged
in.)
DOE also acquired data on the numbers and types of residential ice
makers found in U.S. households from the online surveys conducted as
part of the study discussed in the previous sections. The data indicate
that 69% of residential ice makers are portable units, with the
remainder being non-portable built-in or freestanding units. Because
data were unavailable on the fraction of the year when such portable
units are plugged in and making ice, DOE estimated that the average
annual usage factor was 50%. Using the data described above, DOE
estimated that the average annual energy use of residential ice makers
was 357 kWh.
The online surveys in the study provided information on the
saturation of residential ice makers found in U.S. households. Using
these data, DOE found a saturation rate of 4.6% for residential ice
makers, yielding a national stock estimate of 5,500,000. Together with
the above information on the average annual energy consumption of
residential ice makers, DOE estimates the national energy consumption
of residential ice makers to be 2.0 TWh per year.
However, both the estimated numbers and annual energy use of
residential ice makers is uncertain. The estimated saturation rate
ranges from 1.7% to
[[Page 65228]]
7.5%, resulting in a national stock estimate between 2,000,000 and
8,700,000. The uncertainty in annual energy use was estimated to be
30%. Taken together, the range in estimated national annual
energy consumption varies between 0.5 and 4.0 TWh.
Finally, the online surveys discussed in previous sections provided
data on the age distribution of residential ice makers. From these
data, DOE derived an estimate of the lifetime of residential ice makers
of approximately 1.7 years. The online surveys discussed in previous
sections provided information on the age distribution of wine chillers.
From these data, DOE derived an estimate of the lifetime of wine
chillers of approximately 4.5 years, which is comparable to the
estimated lifetime of compact refrigerators of 5.6 years used in the
2011 Final Rule for Residential Refrigerators, Refrigerator-Freezers,
and Freezers (76 FR 57516-57612). DOE believes that the derived
lifetime of residential ice makers may be unrealistically low when
compared to the estimated lifetimes of wine chillers and compact
refrigerators, so it has adopted a range in its estimate of annual
sales of these products by using the lifetime assumptions of both
residential ice makers and wine chillers. Therefore, using the central
value for the national stock of residential icemakers of 5,500,000
units and the aforementioned high and low values of product lifetime
(1.7 years and 4.5 years, respectively), DOE estimates that annual
sales of these products may range from 1,200,000 to 3,200,000 units.
7. Conclusions
Based upon its evaluations of vapor compression wine chillers, the
three primary types of residential refrigeration products that do not
incorporate a compressor (i.e. thermoelectric-based wine chillers,
thermoelectric-based refrigerators and absorption-based refrigeration
products), the hybrid refrigeration products described in this notice,
and residential ice makers, DOE has been able to develop estimates of
their annual energy use that indicate that these products on average
consume significantly more than 100 kWh annually. Therefore, DOE has
tentatively determined that the average annual per household energy use
for miscellaneous residential refrigeration products is likely to
exceed the 100 kWh threshold set by EPCA. Moreover, DOE has determined
that the aggregate annual national energy use of these products is 9.9
TWh, which exceeds the 4.2 TWh minimum threshold set by EPCA in order
to establish energy conservation standards for a product that the
Secretary chooses to add for regulatory coverage.
V. Procedural Issues and Regulatory Review
DOE has reviewed its proposed determination of wine chillers and
residential non-compressor refrigeration products under the following
Executive Orders and acts.
A. Review Under Executive Order 12866
The Office of Management and Budget has determined that coverage
determinations do not constitute ``significant regulatory actions''
under section 3(f) of Executive Order 12866, Regulatory Planning and
Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this proposed action
was not subject to review under the Executive Order 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., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis for
any rule that, by law, must be proposed for public comment, unless the
agency certifies that the proposed rule, if promulgated, will not have
a significant economic impact on a substantial number of small
entities. A regulatory flexibility analysis examines the impact of the
rule on small entities and considers alternative ways of reducing
negative effects. Also, as required by E.O. 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 impact of its rules on small
entities are properly considered during the DOE rulemaking process. 68
FR 7990 (February 19, 2003). DOE makes its procedures and policies
available on the Office of the General Counsel's Web site at http://energy.gov/gc/office-general-counsel.
DOE reviewed today's proposed determination under the provisions of
the Regulatory Flexibility Act and the policies and procedures
published on February 19, 2003. If adopted, today's proposed
determination would set no standards; they would only positively
determine that future standards may be warranted and should be explored
in an energy conservation standards and test procedure rulemaking.
Economic impacts on small entities would be considered in the context
of such rulemakings. On the basis of the foregoing, DOE certifies that
the proposed determination, if adopted, would have no significant
economic impact on a substantial number of small entities. Accordingly,
DOE has not prepared a regulatory flexibility analysis for this
proposed determination. DOE will transmit this 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
This proposed determination that miscellaneous residential
refrigeration products meet the criteria for covered products for which
the Secretary may prescribe energy conservation standards pursuant to
42 U.S.C. 6295(o) and (p) will impose no new information or record-
keeping requirements. Accordingly, Office of Management and Budget
(OMB) clearance is not required under the Paperwork Reduction Act. (44
U.S.C. 3501, et seq.)
D. Review Under the National Environmental Policy Act of 1969
In this notice, DOE proposes to positively determine that future
standards may be warranted and that environmental impacts should be
explored in an energy conservation standards rulemaking. DOE has
determined that review under the National Environmental Policy Act of
1969 (NEPA), Public Law 91-190, codified at 42 U.S.C. 4321, et seq. is
not required at this time. NEPA review can only be initiated ``as soon
as environmental impacts can be meaningfully evaluated'' (10 CFR
1021.213(b)). This proposed determination would only determine that
future standards may be warranted, but would not itself propose to set
any specific standard. DOE has, therefore, determined that there are no
environmental impacts to be evaluated at this time. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
E. Review Under Executive Order 13132
Executive Order (E.O.) 13132, ``Federalism'' 64 FR 43255 (August
10, 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 assess carefully the
[[Page 65229]]
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 developing regulatory policies that have
Federalism implications. On March 14, 2000, DOE published a statement
of policy describing the intergovernmental consultation process that it
will follow in developing such regulations. 65 FR 13735 (March 14,
2000). DOE has examined today's proposed determination and concludes
that it would not preempt State law or have substantial direct effects
on the States, on the relationship between the Federal government and
the States, or on the distribution of power and responsibilities among
the various levels of government. DOE notes, however, that if the
agency determines that the products at issue in today's notice are
covered and energy conservation standards are subsequently promulgated
for these products, any existing State standards would be preempted by
EPCA. EPCA governs and prescribes Federal preemption of State
regulations as to energy conservation for the product that is the
subject of today's proposed determination. States can petition DOE for
exemption from such preemption to the extent permitted, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297) No further action is
required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on Federal
agencies the duty to: (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 E.O. 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation specifies the following: (1) The
preemptive effect, if any; (2) any effect on existing Federal law or
regulation; (3) a clear legal standard for affected conduct while
promoting simplification and burden reduction; (4) the retroactive
effect, if any; (5) definitions of key terms; and (6) other important
issues affecting clarity and general draftsmanship under any guidelines
issued by the Attorney General. Section 3(c) of E.O. 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether these
standards are met, or whether it is unreasonable to meet one or more of
them. DOE completed the required review and determined that, to the
extent permitted by law, this proposed determination meets the relevant
standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, codified at 2 U.S.C. 1501 et seq.) requires each Federal
agency to assess the effects of Federal regulatory actions on State,
local, and tribal governments and the private sector. For regulatory
actions likely to result in a rule that may cause expenditures 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)
and (b)) UMRA 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.''
UMRA also requires an agency plan for giving notice and opportunity for
timely input to small governments that may be potentially affected
before establishing any requirement that might significantly or
uniquely affect them. On March 18, 1997, DOE published a statement of
policy on its process for intergovernmental consultation under UMRA. 62
FR 12820 (March 18, 1997). (This policy also is available at http://energy.gov/gc/office-general-counsel.) DOE reviewed today's proposed
determination pursuant to these existing authorities and its policy
statement and determined that the proposed determination contains
neither an intergovernmental mandate nor a mandate that may result in
the expenditure of $100 million or more in any year, so the UMRA
requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 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 determination 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
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 15,
1988), DOE determined that this proposed determination would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act
of 2001
The Treasury and General Government Appropriation Act of 2001 (44
U.S.C. 3516, note) requires agencies to review most disseminations of
information they make to the public under guidelines established by
each agency pursuant to general guidelines issued by the Office of
Management and Budget (OMB). The OMB's guidelines were published at 67
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67
FR 62446 (October 7, 2002). DOE has reviewed today's proposed
determination under the OMB and DOE guidelines and has concluded that
it is consistent with the applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 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 promulgates a final rule or is expected to lead to promulgation of
a final rule, and that: (1) Is a significant regulatory action under
E.O. 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 the Office of
Information and Regulatory Affairs (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 if the proposal is implemented, and of reasonable
alternatives to the proposed action and their expected benefits on
energy supply, distribution, and use.
DOE has concluded that today's regulatory action proposing to
determine that miscellaneous residential refrigeration products meet
the criteria for covered products for
[[Page 65230]]
which the Secretary may prescribe energy conservation standards
pursuant to 42 U.S.C. 6295(o) and (p) would not have a significant
adverse effect on the supply, distribution, or use of energy. This
action is also not a significant regulatory action for purposes of E.O.
12866, and the OIRA Administrator has not designated this proposed
determination as a significant energy action. Therefore, this proposed
determination is not a significant energy action. Accordingly, DOE has
not prepared a Statement of Energy Effects for this proposed
determination.
L. Review Under the Information Quality Bulletin for Peer Review
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (OSTP), issued its Final Information
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (January
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. DOE has determined that the
analyses conducted for this rulemaking do not constitute ``influential
scientific information,'' which the Bulletin defines as ``scientific
information the agency reasonably can determine will have or does have
a clear and substantial impact on important public policies or private
sector decisions.'' 70 FR 2667 (January 14, 2005). The analyses were
subject to pre-dissemination review prior to issuance of this notice.
DOE will determine the appropriate level of review that would be
applicable to any future rulemaking to establish energy conservation
standards for miscellaneous residential refrigeration products.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice of proposed determination no later than the date provided at the
beginning of this notice. After the close of the comment period, DOE
will review the comments received and determine whether miscellaneous
residential refrigeration products are covered products under EPCA.
Comments, data, and information submitted to DOE's email address
for this proposed determination should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Submissions should
avoid the use of special characters or any form of encryption, and
wherever possible comments should include the electronic signature of
the author. No telefacsimiles (faxes) will be accepted.
According 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 two copies: one copy of the document should
have all the information believed to be confidential deleted. DOE will
make its own determination as to the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known or available from public sources; (4) whether the
information has previously been made available to others without
obligations concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting persons which would result from
public disclosure; (6) a date after which such information might no
longer be considered confidential; and (7) why disclosure of the
information would be contrary to the public interest.
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments
from interested parties on the following issues related to the proposed
determination for miscellaneous residential refrigeration products:
(1) Is the proposed scope of coverage for miscellaneous residential
refrigeration products sufficient or are there aspects to this proposed
scope that require modification?
(2) DOE seeks information on the types of vapor compression and
non-compressor residential refrigeration products currently being
marketed that would be addressed by the coverage proposed in this
notice, particularly whether such products are distributed to any
significant extent for uses other than as wine or beverage chillers.
(3) DOE seeks stock and shipment data for residential wine chillers
cooled by vapor compression and for residential refrigeration products
that do not incorporate a compressor, segregated by different product
types, including any details regarding trends in shipments for each
respective type of product.
(4) DOE seeks information regarding energy test procedures suited
for residential wine chillers cooled by vapor compression and for
residential refrigeration products that do not incorporate a
compressor.
(5) DOE seeks information regarding the energy use of all of the
different products that would be affected by today's proposed coverage
determination.
(6) DOE seeks calculations and accompanying values for household
and national energy consumption of the products that would be affected
by today's notice of proposed coverage determination.
(7) DOE seeks information as to what technologies, if any, would be
available to improve the energy efficiency of residential vapor
compression wine chillers, residential refrigeration products that do
not incorporate a compressor, and residential ice makers. To the extent
that no technologies are readily available to improve the efficiency of
these products, DOE seeks information on the factors that may be
limiting the development of those technologies.
(8) DOE seeks information regarding the factors that would cause a
manufacturer to select a cooling technology other than vapor
compression for a residential refrigeration product, including design
and production costs, energy use, product performance, consumer
acceptance, and any other relevant factors.
(9) DOE seeks information, including supporting data, regarding
whether labeling-related efforts applied to the residential
refrigeration products addressed in today's notice would be sufficient
to induce manufacturers to produce and consumers and other persons to
purchase, residential refrigeration products that achieve the minimum
energy efficiency that is technologically feasible and economically
justified.
The Department is interested in receiving views concerning other
relevant issues that participants believe would affect DOE's ability to
establish test procedures and energy conservation standards for
miscellaneous residential refrigeration products. The Department
invites all interested parties to submit in writing by December 2,
2013, comments and information on matters addressed in this notice and
on other matters relevant to consideration of a determination for
miscellaneous residential refrigeration products.
[[Page 65231]]
After the expiration of the period for submitting written
statements, the Department will consider all comments and additional
information that is obtained from interested parties or through further
analyses, and it will prepare a final determination. If DOE determines
that miscellaneous residential refrigeration products qualify as
covered products, DOE will consider initiating rulemakings to develop
test procedures and energy conservation standards for miscellaneous
residential refrigeration products. Members of the public will be given
an opportunity to submit written and oral comments on any proposed test
procedure and standards.
List of Subjects in 10 CFR part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2013-25943 Filed 10-30-13; 8:45 am]
BILLING CODE 6450-01-P