80 FR 44892 - Energy Conservation Program: Energy Conservation Standards for Commercial Refrigeration Equipment

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range		44892-44892
FR Document		2015-18530

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes that the U.S. Department of Justice (DOJ) make a determination on the impact, if any, on the lessening of competition likely to result from a U.S. Department of Energy (DOE) proposed rule for energy conservation standards and that DOE publish the determination in the Federal Register. DOE published its final rule for energy conservation standards for commercial refrigeration equipment on March 28, 2014, and is publishing DOJ's November 25, 2013 determination on such proposed rule.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)

[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Proposed Rules]
[Page 44892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18530]


========================================================================
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.

========================================================================


Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / 
Proposed Rules

[[Page 44892]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2010-BT-STD-0003]
RIN 1904-AC19


Energy Conservation Program: Energy Conservation Standards for 
Commercial Refrigeration Equipment

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Publication of determination.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, prescribes that the U.S. Department of Justice (DOJ) make a 
determination on the impact, if any, on the lessening of competition 
likely to result from a U.S. Department of Energy (DOE) proposed rule 
for energy conservation standards and that DOE publish the 
determination in the Federal Register. DOE published its final rule for 
energy conservation standards for commercial refrigeration equipment on 
March 28, 2014, and is publishing DOJ's November 25, 2013 determination 
on such proposed rule.

DATES: Date of DOJ determination--November 25, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 287-1692. Email: walk-in_coolers_and_walk-in_freezers@EE.Doe.Gov.
    Ms. Johanna Hariharan, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 
20585-0121. Telephone: (202) 287-6307. Email: 
Johanna.Hariharan@hq.doe.gov.

SUPPLEMENTARY INFORMATION: On March 28, 2014 (79 FR 17725), DOE 
published a final rule amending energy conservation standards for 
commercial refrigeration equipment. Those amended standards were 
determined by DOE to be technologically feasible and economically 
justified and would result in the significant conservation of energy. 
The Energy Conservation and Policy Act of 1975 (42 U.S.C.6291, et seq; 
``EPCA''), Public Law 94-163, requires that the Attorney General make a 
determination and analysis of the impact, if any, of any lessening of 
competition likely to result from a proposed standard, within 60 days 
of publication. (42 U.S.C. 6295(o)(2)(B)(ii)) EPCA also requires that 
DOE publish the determination and analysis in the Federal Register. Id.
    DOE received the determination in response to the September 11, 
2013 NOPR (78 FR 55781) from the Attorney General and the U.S. 
Department of Justice (DOJ) on November 25, 2013. DOE is publishing the 
text of DOJ's November 25, 2013 determination.

    Issued in Washington, DC, on July 21, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
WILLIAM J. BAER
Assistant Attorney General
RFK Main Justice Building
950 Pennsylvania Avenue NW.
Washington, DC 20530-0001
(202) 514-2401/(202) 616-2645 (Fax)

November 25, 2013

Eric J. Fygi
Deputy General Counsel Department of Energy Washington, DC 20585

Dear Deputy General Counsel Fygi:

    I am responding to your September 24, 2013 letter seeking the views 
of the Attorney General about the potential impact on competition of 
proposed energy conservation standards for walk-in coolers and 
refrigerators. Your request was submitted under Section 
325(o)(2)(B)(i)(V) of the Energy Policy and Conservation Act, as 
amended (ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V), which requires the 
Attorney General to make a determination of the impact of any lessening 
of competition that is likely to result from the imposition of proposed 
energy conservation standards. The Attorney General's responsibility 
for responding to requests from other departments about the effect of a 
program on competition has been delegated to the Assistant Attorney 
General for the Antitrust Division in 28 CFR 0.40(g).
    In conducting its analysis the Antitrust Division examines whether 
a proposed standard may lessen competition, for example, by 
substantially limiting consumer choice, by placing certain 
manufacturers at an unjustified competitive disadvantage, or by 
inducing avoidable inefficiencies in production or distribution of 
particular products. A lessening of competition could result in higher 
prices to manufacturers and consumers, and perhaps thwart the intent of 
the revised standards by inducing substitution to less efficient 
products.
    We have reviewed the proposed standards contained in the Notice of 
Proposed Rulemaking (78 FR 176, September 11, 2013) (NOPR). We have 
also reviewed supplementary information submitted to the Attorney 
General by the Department of Energy, including a transcript of the 
public meeting held on the proposed standards on October 3, 2013. Based 
on this review, our conclusion is that the proposed energy conservation 
standards for commercial refrigeration equipment are unlikely to have a 
significant adverse impact on competition.

Sincerely,

William J. Baer

Enclosure

[FR Doc. 2015-18530 Filed 7-27-15; 8:45 am]
 BILLING CODE 6450-01-P

44892

Proposed Rules Federal Register
Vol. 80, No. 144

Tuesday, July 28, 2015

This section of the FEDERAL REGISTER a final rule amending energy responsibility for responding to requests
contains notices to the public of the proposed conservation standards for commercial from other departments about the effect
issuance of rules and regulations. The refrigeration equipment. Those of a program on competition has been
purpose of these notices is to give interested amended standards were determined by delegated to the Assistant Attorney
persons an opportunity to participate in the DOE to be technologically feasible and General for the Antitrust Division in 28
rule making prior to the adoption of the final
rules.
economically justified and would result CFR 0.40(g).
in the significant conservation of In conducting its analysis the
energy. The Energy Conservation and Antitrust Division examines whether a
DEPARTMENT OF ENERGY Policy Act of 1975 (42 U.S.C.6291, et proposed standard may lessen
seq; ‘‘EPCA’’), Public Law 94–163, competition, for example, by
10 CFR Part 431 requires that the Attorney General make substantially limiting consumer choice,
a determination and analysis of the by placing certain manufacturers at an
[Docket Number EERE–2010–BT–STD–
impact, if any, of any lessening of unjustified competitive disadvantage, or
0003]
competition likely to result from a by inducing avoidable inefficiencies in
RIN 1904–AC19 proposed standard, within 60 days of production or distribution of particular
publication. (42 U.S.C. 6295(o)(2)(B)(ii)) products. A lessening of competition
Energy Conservation Program: Energy EPCA also requires that DOE publish could result in higher prices to
Conservation Standards for the determination and analysis in the manufacturers and consumers, and
Commercial Refrigeration Equipment Federal Register. Id. perhaps thwart the intent of the revised
DOE received the determination in standards by inducing substitution to
AGENCY: Office of Energy Efficiency and
response to the September 11, 2013 less efficient products.
Renewable Energy, Department of
NOPR (78 FR 55781) from the Attorney We have reviewed the proposed
Energy.
General and the U.S. Department of standards contained in the Notice of
ACTION: Publication of determination. Justice (DOJ) on November 25, 2013. Proposed Rulemaking (78 FR 176,
SUMMARY: The Energy Policy and DOE is publishing the text of DOJ’s September 11, 2013) (NOPR). We have
Conservation Act of 1975 (EPCA), as November 25, 2013 determination. also reviewed supplementary
amended, prescribes that the U.S. Issued in Washington, DC, on July 21, information submitted to the Attorney
Department of Justice (DOJ) make a 2015. General by the Department of Energy,
determination on the impact, if any, on Kathleen B. Hogan, including a transcript of the public
the lessening of competition likely to Deputy Assistant Secretary for Energy meeting held on the proposed standards
result from a U.S. Department of Energy Efficiency, Energy Efficiency and Renewable on October 3, 2013. Based on this
(DOE) proposed rule for energy Energy. review, our conclusion is that the
conservation standards and that DOE U.S. DEPARTMENT OF JUSTICE proposed energy conservation standards
publish the determination in the Antitrust Division for commercial refrigeration equipment
Federal Register. DOE published its WILLIAM J. BAER are unlikely to have a significant
final rule for energy conservation Assistant Attorney General adverse impact on competition.
standards for commercial refrigeration RFK Main Justice Building Sincerely,
equipment on March 28, 2014, and is 950 Pennsylvania Avenue NW. William J. Baer
publishing DOJ’s November 25, 2013 Washington, DC 20530–0001 Enclosure
determination on such proposed rule. (202) 514–2401/(202) 616–2645 (Fax)
[FR Doc. 2015–18530 Filed 7–27–15; 8:45 am]
DATES: Date of DOJ determination— November 25, 2013 BILLING CODE 6450–01–P
November 25, 2013. Eric J. Fygi
FOR FURTHER INFORMATION CONTACT: Mr. Deputy General Counsel Department of
John Cymbalsky, U.S. Department of Energy Washington, DC 20585 DEPARTMENT OF TRANSPORTATION
Energy, Office of Energy Efficiency and Dear Deputy General Counsel Fygi:
Renewable Energy, Building I am responding to your September Federal Aviation Administration
Technologies Program, EE–5B, 1000 24, 2013 letter seeking the views of the
Independence Avenue SW., Attorney General about the potential 14 CFR Part 39
Washington, DC, 20585–0121. impact on competition of proposed [Docket No. FAA–2015–3073; Directorate
Telephone: (202) 287–1692. Email: energy conservation standards for walk- Identifier 2015–CE–017–AD]
walk-in_coolers_and_walk-in_freezers@ in coolers and refrigerators. Your
EE.Doe.Gov. request was submitted under Section RIN 2120–AA64
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS

Ms. Johanna Hariharan, U.S. 325(o)(2)(B)(i)(V) of the Energy Policy
Department of Energy, Office of the and Conservation Act, as amended Airworthiness Directives; Viking Air
General Counsel, GC–33, 1000 (ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V), Limited Airplanes
Independence Avenue SW., which requires the Attorney General to AGENCY: Federal Aviation
Washington, DC, 20585–0121. make a determination of the impact of Administration (FAA), Department of
Telephone: (202) 287–6307. Email: any lessening of competition that is Transportation (DOT).
Johanna.Hariharan@hq.doe.gov. likely to result from the imposition of
ACTION: Notice of proposed rulemaking
SUPPLEMENTARY INFORMATION: On March proposed energy conservation
(NPRM).
28, 2014 (79 FR 17725), DOE published standards. The Attorney General’s

VerDate Sep<11>2014 19:07 Jul 27, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\28JYP1.SGM 28JYP1

Document Created: 2018-02-23 09:28:12
Document Modified: 2018-02-23 09:28:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Publication of determination.
Dates		Date of DOJ determination--November 25, 2013.
Contact		Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-1692. Email: walk- [email protected]
FR Citation		80 FR 44892
RIN Number		1904-AC19