Unknown. Notification of final report on regulatory review
4,344 words·~20 min read·
/register/2017/11/01/2017-23713A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2017-11-01.xml --- 82 210 Wednesday, November 1, 2017 Contents Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50608-50609 2017-23696 2017-23707 2017-23709 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals with Acute Kidney Injury, and End-Stage Renal Disease Quality Incentive Program, 50738-50797 2017-23671 Coast Guard Coast Guard RULES Drawbridge Operations:
Atlantic Intracoastal Waterway, Alligator River, Columbia, NC, 50577 2017-23745 Safety Zones: Illinois River, Beardstown, IL, 50578-50580 2017-23820 Special Local Regulations: Atlantic Ocean, Ft. Lauderdale, FL, 50575-50577 2017-23708 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: School Data Collection and Reporting; Correction, 50640 2017-23710 Meetings: National Assessment Governing Board Quarterly Board, 50638-50640 2017-23751 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Final Report on Regulatory Review under Executive Order 13783, 50491-50493 2017-23713 NOTICES Meetings: DOE/NSF High Energy Physics Advisory Panel, 50640-50641 2017-23767 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Energy Efficiency and Conservation Block Grant Financing Programs, 50641 2017-23762 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan, 50580 C1--2017--21947 NOTICES Meetings: Federal Insecticide, Fungicide, and Rodenticide Act, Scientific Advisory Panel, 50649-50650 2017-23817 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Federal Financial Accounting Standards:
Budget and Accrual Reconciliation, 50650 2017-23801 Federal Aviation Federal Aviation Administration RULES Amendment of Class D and Class E Airspace: Fort Knox and Louisville, KY, 50506-50508 2017-23254 Amendment of Class E Airspace: Bend, OR, 50509-50510 2017-23673 Lemoore NAS, CA, 50502-50503 2017-23675 Oskaloosa, IA, 50510-50511 2017-23247 Prineville, OR, 50505-50506 2017-23674 Scottsboro, AL, 50504-50505 2017-23248 Stevens Point, WI, 50503-50504 2017-23434 Establishment of Class E Airspace:
Deblois, ME, 50508-50509 2017-23255 Special Conditions: Embraer, S.A., Model ERJ 190-300 Airplane; Dive-Speed Definition with High-Speed-Protection System; Correction, 50502 2017-23697 The Boeing Company Model 777-8 and 777-9 Airplanes; Design Roll Maneuver for Electronic Flight Controls, 50500-50502 2017-23701 The Boeing Company Model 777-8 and 777-9 Airplanes; Interaction of Systems and Structures, 50496-50500 2017-23699 PROPOSED RULES Amendment of Class E Airspace: Berlin, NH, 50593-50594 2017-23250 Greenville, NC, 50596-50597 2017-23252 Hanford, CA, 50594-50596 2017-23244 Normal and Transport Category Rotorcraft Certification, 50583-50593 2017-23360 Special Conditions:
The Boeing Company Model 777-8 and 777-9 Airplanes; Folding Wingtips, 50581-50583 2017-23698 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50689 2017-23704 Federal Communications Federal Communications Commission PROPOSED RULES Assessment and Collection of Regulatory Fees for Fiscal Year 2017, 50598-50606 2017-23215 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations:
California; Amendment No. 1, 50661 2017-23718 Major Disaster Declarations: Georgia; Amendment No. 6, 50661 2017-23799 Major Disasters and Related Determinations: California, 50662-50663 2017-23720 Louisiana, 50662 2017-23800 South Carolina, 50661-50662 2017-23716 Federal Energy Federal Energy Regulatory Commission RULES Review of Federal Energy Regulatory Commission Agency Actions Pursuant to Executive Order 13783, Promoting Energy Independence and Economic Growth, 50517-50523 2017-23722 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 50645-50646 2017-23723 Applications: RH energytrans, LLC, 50646-50647 2017-23721 Combined Filings, 50642-50645, 50647-50648 2017-23772 2017-23775 2017-23776 2017-23777 2017-23778 2017-23781 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: DV Trading, LLC, 50641-50642 2017-23780 EnPowered, 50647 2017-23782 Lackawanna Energy Center, LLC, 50648-50649 2017-23774 Petitions for Declaratory Orders: IGS ORIX Solar I, LLC, IGS Solar I, LLC, IGS ORIX Solar I, LLC, IGS Solar I, LLC, 50642-50643 2017-23773 Refund Effective Dates:
Alabama Power Co., 50642 2017-23779 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50730-50731 2017-23755 2017-23757 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 50650-50651 2017-23784 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removing Trichostema austromontanum ssp. compactum (Hidden Lake Bluecurls) from Federal List of Endangered and Threatened Plants, 50606-50607 2017-23711 Food and Drug Food and Drug Administration RULES Medical Devices:
Immunology and Microbiology Devices; Classification of BCR-ABL Quantitation Test, 50530-50532 2017-23742 PROPOSED RULES Food Additive Petitions: DSM Nutritional Products, Inc.; Withdrawal, 50598 2017-23728 2017-23729 Forest Forest Service RULES Report Prepared Pursuant to Executive Order 13783—Promoting Energy Independence and Economic Growth, 50580 2017-23805 NOTICES Meetings: Black Hills National Forest Advisory Board, 50611-50612 2017-23806 Newspapers for Publication of Legal Notices in Eastern Region, 50609-50611 2017-23803 General Services General Services Administration NOTICES Environmental Impact Statements;
Availability, etc.: San Ysidro Land Port of Entry Modernization and Expansion Project, 50652 2017-23754 Meetings: World War One Centennial Commission, 50651 2017-23756 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee on Minority Health, 50652-50653 2017-23816 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.
Customs and Border Protection Industry Industry and Security Bureau RULES Export Administration Regulations for Use of License Exceptions; Clarifications, 50511-50517 2017-23712 NOTICES Meetings: Materials Technical Advisory Committee, 50612 2017-23727 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service RULES Final Report: Review of Department of Interior Actions that Potentially Burden Domestic Energy, 50532-50575 2017-23702 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 50731-50732 2017-23715 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Reporting by Applicable Large Employers on Health Insurance Coverage Offered under Employer-Sponsored Plans, 50732-50733 2017-23714 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Forged Steel Fittings from the People's Republic of China, 50623-50626 2017-23759 Opportunity to Request Administrative Review, 50620-50622 2017-23761 Determinations of Sales at Less Than Fair Value:
Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand, 50622 2017-23753 Initiation of Five-Year Sunset Reviews, 50612-50613 2017-23763 Investigations of Sales at Less Than Fair Value: Forged Steel Fittings from the People's Republic of China, Italy, and Taiwan, 50614-50619 2017-23760 Meetings: Environmental Technologies Trade Advisory Committee, 50613-50614 2017-23811 International Trade Com International Trade Commission NOTICES Complaints: Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same, 50679-50680 2017-23725 Certain Road Construction Machines and Components Thereof, 50680-50681 2017-23730 Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Network Devices, Related Software and Components Thereof (II), 50678 2017-23785 Certain Stilbenic Optical Brightening Agents from China and Taiwan, 50678-50679 2017-23797 Crystalline Silicon Photovoltaic Cells and Modules from China, 50681-50683 2017-23654 Honey from China, 50683-50686 2017-23655 Steel Wire Garment Hangers from Taiwan and Vietnam; Institution of Five-Year Reviews, 50686-50689 2017-23656 Justice Department Justice Department See Federal Bureau of Investigation Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Greater Sage-Grouse Conservation, 50666 2017-23804 Requests for Nominations: Resource Advisory Councils and other Land Management Advisory Committees, 50666-50667 2017-23802 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cruise Vessel Security and Safety Training Provider Certification, 50731 2017-23750 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 50691-50692 2017-23744 National Institute National Institute of Standards and Technology NOTICES Meetings: Localization and Tracking System Testing Consortium, 50626-50628 2017-23807 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 50653-50654 2017-23813 National Cancer Institute, 50654 2017-23814 National Institute of Environmental Health Sciences, 50653 2017-23815 National Oceanic National Oceanic and Atmospheric Administration NOTICES Takes of Marine Mammals Incidental to Specified Activities:
US 101/Chehalis River Bridge-Scour Repair in Washington State, 50628-50638 2017-23748 National Park National Park Service NOTICES Inventory Completions: Human Remains Repository, Department of Anthropology, University of Wyoming, Laramie, WY, 50675-50677 2017-23793 Sam Noble Oklahoma Museum of Natural History, Norman, OK, 50667-50675 2017-23794 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50692-50695 2017-23740 Navy Navy Department NOTICES Meetings:
U.S. Naval Academy Board of Visitors, 50638 2017-23809 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Standard on Control of Hazardous Energy (Lockout/Tagout), 50689-50691 2017-23743 Postal Regulatory Postal Regulatory Commission RULES Supplemental Standards of Ethical Conduct, 50493-50496 2017-23764 NOTICES New Postal Products, 50695-50697 2017-23758 2017-23705 Securities Securities and Exchange Commission NOTICES Applications:
Relative Value Fund, et al., 50700-50703 2017-23695 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 50725-50727 2017-23733 Bats BZX Exchange, Inc., 50711-50714 2017-23738 Bats EDGA Exchange, Inc., 50716-50719 2017-23737 Bats EDGX Exchange, Inc., 50697-50700 2017-23739 Cboe BZX Exchange, Inc., 50705-50707 2017-23732 NASDAQ BX, Inc., 50714-50716 2017-23734 Options Clearing Corp., 50703-50705, 50707-50711, 50719-50725 2017-23731 2017-23735 2017-23736 State Department State Department NOTICES Designations as Foreign Terrorist Organizations:
Haqqani Network, 50727-50728 2017-23792 Islamic Jihad Union, 50728 2017-23791 Jaish-e-Mohammed, 50728 2017-23790 Performance Review Board Members, 50728 2017-23796 Substance Substance Abuse and Mental Health Services Administration NOTICES List of Certified Laboratories and Instrumented Initial Testing Facilities that Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 50654-50655 2017-23768 Surface Transportation Surface Transportation Board NOTICES Abandonment and Discontinuance of Service Exemptions:
Union Pacific Railroad Co., Cerro Gordo County, IA, 50729 2017-23765 Intra-Corporate Family Transaction Exemptions: Ohio River Partners Shareholders, LLC and Ohio River Partners, LLC, 50728-50729 2017-23766 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Military Severely Injured Joint Support Operations Center and Travel Protocol Office Programs, 50665 2017-23769 TSA Pre-Check Application Program, 50663-50665 2017-23770 Treasury Treasury Department See Internal Revenue Service RULES Procedures to Adjust Customs COBRA User Fees to Reflect Inflation, 50523-50530 2017-23878 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50733-50735 2017-23783 Member Appointments: Legal Division to Performance Review Board, 50733, 50735 2017-23717 2017-23719 Customs U.S.
Customs and Border Protection RULES Procedures to Adjust Customs COBRA User Fees to Reflect Inflation, 50523-50530 2017-23878 NOTICES COBRA Fees to be Adjusted for Inflation in Fiscal Year 2018, 50659-50660 2017-23876 National Customs Automation Program Tests: Post-Summary Corrections and Periodic Monthly Statements; Modification and Clarification, 50656-50659 2017-23747 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Homeless Veterans, 50735 2017-23741 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 50738-50797 2017-23671 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 210 Wednesday, November 1, 2017 Rules and Regulations DEPARTMENT OF ENERGY 2 CFR Chapter IX 5 CFR Chapter XXIII 10 CFR Chapters II, III and X 41 CFR Chapter 109 48 CFR Chapter 9 Availability of Final Report on Regulatory Review Under Executive Order 13783 AGENCY:
Office of the Secretary, Department of Energy. ACTION: Notification of final report on regulatory review. SUMMARY: Through this document, the Department of Energy
(DOE)announces the availability of its report issued under Executive Order 13783, “ *Promoting Energy Independence and Economic Growth”.* DATES: The Secretary signed the final report on October 24, 2017. ADDRESSES: Copies of the report are available for public inspection at the U.S. Department of Energy, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585. Public inspection can be conducted between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. This report is being published in its entirety and can also be accessed online at *https://www.energy.gov/downloads/final-report-regulatory-review-under-executive-order-13783.* FOR FURTHER INFORMATION CONTACT: Daniel Cohen, U.S. Department of Energy, Office of the General Counsel, 1000 Independence Avenue SW., Washington, DC 20585. Telephone:
(202)586-5000. Email: *Regulatory.Review@hq.doe.gov.* SUPPLEMENTARY INFORMATION: The Department of Energy
(DOE)announces the availability of its report issued under Executive Order 13783, “ *Promoting Energy Independence and Economic Growth”.* The report provides the recommendations of DOE's Regulatory Reform Task Force to reduce regulatory burdens on domestic energy resources, and is published as an appendix to this document and available at *https://www.energy.gov/downloads/final-report-regulatory-review-under-executive-order-13783.* Issued in Washington, DC, on October 26, 2017. Shena A. Kennerly, Acting Director, Office of the Executive Secretariat, Department of Energy. Appendix Department of Energy Final Report on Regulatory Review Under Executive Order 13783 On March 28, 2017, the President signed Executive Order
(EO)13783, entitled “Promoting Energy Independence and Economic Growth.” Among other things, EO 13783 requires the heads of agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, “agency actions”) that potentially burden 1 the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources. Such review does not include agency actions that are mandated by law, necessary for the public interest, and consistent with the policy set forth elsewhere in that order. 1 Executive Order 13783 defined burden for purposes of the review of existing regulations to mean to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources. On May 18, 2017, I submitted to the Director of the Office of Management and Budget
(OMB)the Department of Energy's
(DOE)plan to review its agency actions under EO 13783. The plan was also sent to the Vice President, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the Council on Environmental Quality (CEQ). In the plan, I stated that DOE's Regulatory Reform Task Force (Task Force) would conduct the review of agency actions subject to review under EO 13783. On May 30, 2017, DOE published in the **Federal Register** a Request for Information (RFI), seeking input and other assistance from entities significantly affected by regulations of the DOE, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and manufacturers and their trade associations. 2 2 82 FR 24582 (May 30, 2017). DOE's goal in publishing the RFI was to “create a systematic method for identifying those existing DOE rules that are obsolete, unnecessary, unjustified, or simply no longer make sense.” DOE decided to solicit views on:
(a)How DOE could best conduct its analysis of existing agency actions, and
(b)insights on specific rules or Department-imposed obligations that should be altered or eliminated. The comment period on the RFI closed on July 14, 2017. DOE received 132 separate public comments from decision-makers, stakeholders, and the public on rules promulgated by DOE and the burdens some of those rules have imposed. The Task Force has evaluated these comments to achieve meaningful regulatory reform in a manner consistent with our commitment to public participation in the rulemaking process. DOE sought views on the specific rules or Department-imposed obligations that should be altered or eliminated, because knowledge about the full effects of a rule is widely dispersed in society, and members of the public are likely to have useful information and perspectives on the benefits and burdens of existing requirements and how regulatory obligations may be updated, streamlined, revised, or repealed to better achieve regulatory objectives, while minimizing regulatory burdens, consistent with applicable law. Interested parties may also be well-positioned to identify those rules that are most in need of reform, and, thus, assist the Department in prioritizing and properly tailoring its review process. Beyond the RFI, the Task Force reviewed DOE Directives, Orders, Manuals, and Policies designed to ensure the effective management and operation of the National Laboratories, which contribute to American economic growth and energy security. Also, with the help of the Office of Management and staff for the Under Secretary of Energy, we reviewed DOE's Directives, Orders, Manuals, and Policies specifically for burdens on domestic energy production. In addition to the work conducted to comply with EO 13783, DOE will continue to review all agency actions to assure that DOE does not burden domestic energy production. For example, as discussed below, we will review agency actions concerning fossil fuel consumption in Federal buildings, impact of building codes, and nuclear export licensing. DOE is committed to reducing regulatory burdens on the American people to unleash domestic energy production and promote job creation and economic growth. Recommendations To Reduce Regulatory Burdens on Domestic Energy Resources Based on a review of the comments received in response to the RFI, coupled with the work of the Task Force to identify both internal and external agency actions that inhibit domestic energy development and use, DOE's Task Force offers the following recommendations:
(1)Streamline Natural Gas Exports;
(2)Review National Laboratory Policies;
(3)Review National Environmental Policy Act
(NEPA)Regulations; and
(4)Review the DOE Appliance Standards Program. DOE Task Force Recommendations
(1)Streamline Natural Gas Exports Several commenters encouraged DOE to expedite exports of Liquefied Natural Gas (LNG). On September 1, 2017, DOE announced a proposed rule to provide faster approval of small-scale natural gas exports, including LNG. This measure will expedite the review and approval of applications to export small amounts of natural gas in the emerging small-scale LNG export market. Under the Natural Gas Act, DOE has jurisdiction over imports and exports of natural gas. For applications to export natural gas to countries without a qualifying free trade agreement (non-free trade agreement countries), DOE must conduct a public interest review before authorizing an export. This proposed rule provides that DOE, upon receipt of any complete application to export natural gas (including LNG) to non-free trade agreement countries, will grant the application if the application meets two criteria: The application proposes to export no more than 0.14 billion cubic feet per day (bcf/d), and the proposed export qualifies for a categorical exclusion under DOE's NEPA regulations. For applications meeting these criteria, the exports are considered “small-scale natural gas exports” and are deemed in the public interest under the Natural Gas Act. Exports of natural gas to free trade agreement countries are already deemed in the public interest under the Act. The Task Force will also consider whether future rulemakings can allow for expedited processing of larger-scale exports of natural gas as consistent with applicable law and DOE's statutory authority.
(2)Review National Laboratory Policies DOE manages several National Laboratories that support the Department's energy, science, and nuclear non-proliferation missions. As part of our review, the Task Force conducted a comprehensive review of operations and procedures at the National Labs. The National Labs conduct research and development of innovative technologies that have the potential to enable future energy production. The Task Force identified several areas for reform that would permit the National Laboratories to operate more efficiently, focusing more time and resources on their mission-critical work: Conducting early-stage research and development of innovative energy technologies that advance American economic growth and energy security.
(3)Review DOE's National Environmental Policy Act
(NEPA)Regulations and Implementation DOE received comments on the RFI concerning streamlining and simplifying the agency's external regulations (10 CFR 1021) and internal operations to improve effectiveness and efficiency of NEPA document approval processes. The Task Force is comprehensively reviewing NEPA and offers several specific recommendations to reform DOE's NEPA processes to optimize and ensure compliance with existing statutes, CEQ regulations (40 CFR 1500-1508), and EO. Specific NEPA recommendations include: • Reform the NEPA process for permitting and export applications, including LNG and infrastructure. • Review existing NEPA policies to assess whether DOE should grant more categorical exclusions. Further, enable DOE's adoption of categorical exclusions already approved by other Federal agencies, and foster interagency collaboration, such as working with the Bureau of Land Management to consider categorical exclusions for geothermal energy on Federal lands. • Remove language in DOE Regulations (10 CFR 1021) that is not consistent with overarching CEQ regulations (40 CFR 1500-1508).
(4)Review DOE Appliance Standards Program Pursuant to the Energy Policy and Conservation Act of 1975 (EPCA), DOE implements minimum energy conservation standards and separate test procedures for more than 60 categories of appliances. DOE's energy conservation standards apply to this EO because they impact U.S. energy consumption, the vast majority of which comes from oil, natural gas, coal, and nuclear resources. Below is a summary of the various public comments and proposals that DOE has received and is considering: • *Review the Process Rule.* Many commenters have asked DOE to follow and review the 1996 Process Rule (10 CFR Appendix A to Subpart C). The Process Rule describes the procedures, interpretations, and policies that guide DOE in establishing new or revised energy-efficiency standards for consumer products. Given our commitment to transparency and regulatory certainty, DOE will consider issuing a RFI to gather additional feedback from stakeholders on how to amend or improve the Process Rule. • *Reduce the Burden of Serial Rule-making.* Many stakeholders, including manufacturers and small businesses, regard as overly burdensome and unnecessary the statutory requirement to reconsider standards at least once every six years. ○ Commenters offered similar feedback in response to the Department of Commerce's RFI pursuant to the Presidential Memorandum on Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing. ○ Commenters of both DOE's and Commerce's RFI suggest extending the time period between consideration of standards to give regulated industries more time to comply. This would require statutory changes, which are outside the scope of EO 13783. However, DOE will consider other agency actions to reduce regulatory burdens on American families and businesses. As stated below, such reforms would give DOE more time to determine, before considering amending standards for a product, whether costs were accurately estimated and expected energy savings were realized. The current 6-year review process may not provide adequate time for such a retrospective analysis, which is critical to determine whether energy conservation standards are working as intended and the underlying assumptions are sound. ○ In lieu of statutory changes to the 6-year review period, DOE should consider “no amended standards” determinations when supported by data and when small energy savings require significant upfront cost to achieve. ○ Consider voluntary, non-regulatory, and market-based alternatives to standards-setting. For example, when appropriate and consistent with the law, consider using established industry test procedures as the DOE test procedures. ○ Consider establishing a baseline for energy savings that qualify as not significant and thus not economically justified. ○ Refrain from enacting standards through a direct final rule because of the economic burden it may impose on households and the lack of consumer voice in the rulemaking process. • *Improve Cost-Benefit Analysis.* EPCA requires DOE to promulgate rules that are economically justified, but this definition is subject to interpretation. Setting clear definitions that evaluate the comprehensive range of costs and benefits is crucial to ensure that DOE's conservation standards save energy while minimizing economic burdens. Some topics for consideration include: ○ Establish internal DOE standards for how to regulate when large portions of the public would bear net costs (costs exceed benefits). Adopting a standard for determining a level at which the net cost is too large would preserve resources and mitigate burdens on consumers. ○ Conduct a retrospective review of previous standards to assess the validity of DOE's analysis before it is used in new rules. This would give DOE enough time to collect information on consumer preferences and behavior, including surveys of consumers. • *Reconsider standards and test procedures for particular products.* Commenters identified numerous standards and test procedures for reconsideration, citing excessive regulatory burdens. DOE is evaluating these comments, examples of which include: ○ Review standards for natural gas products to consider whether the standards are inconsistent with the intent of EO 13783 to minimize regulatory burdens on domestic energy resources. ○ Reconsider, or refrain from establishing, certain standards, including commercial packaged boilers, commercial and industrial fans and blowers, the refrigerated beverage vending machine standards rule published in 2016; the commercial refrigeration equipment standards rule published in 2014; the residential furnace fan rule published in 2014; and the residential water heaters standards published in 2010. Other commenters recommend maintaining many of these standards. ○ Repeal or reconsider several test procedures, including for compressors, residential central air conditioners and heat pumps, and consumer and commercial water heaters. Other commenters recommend maintaining current test procedures. • Follow the requirements of EO 13783 when analyzing climate impacts. EO 13783 withdraws certain documents concerning the development of the Social Cost of Carbon
(SCC)and requires agencies to follow the requirements of OMB Circular A-4 in climate analyses. DOE will follow these requirements in our regulations. Also, some commenters encouraged DOE not to use SCC to calculate the climate impacts of regulations. In addition to the recommendations listed above, DOE is committed to enhancing engagement with stakeholders in an open and transparent process. Building on the listening session held on October 2, 2017, DOE is preparing to send a letter to each of the Department's Federal Advisory Committees requesting them to include regulatory reform on the agenda for their next meeting. DOE will also consider holding additional listening sessions on a semi-regular basis to gather feedback and hold the Department accountable to the public. Furthermore, DOE will continue to consider other areas where it may be possible to relieve burdens on domestic energy production. For example, DOE will consider, consistent with Federal law, possible flexibility for regulations relating to fossil fuel consumption in Federal buildings, buildings codes, nuclear export licensing, and DOE's proposed nuclear damage contingent cost allocation rule. In short, we will remain committed to reducing burdens on all kinds of domestic energy production. Section 2(d) of EO 13783 These recommendations comprise DOE's final report, which will be submitted to the Vice President, the OMB Director, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the Council on Environmental Quality, as required by section 2(d) of EO 13783. If implemented, these recommendations would alleviate or eliminate aspects of agency actions that burden domestic energy development, production, and use. October 24, 2017 Rick Perry, Secretary of Energy [FR Doc. 2017-23713 Filed 10-31-17; 8:45 am]
Connectionstraces to 1
Traces to 1 document
2 references not yet in our index
- 10 CFR 1021
- 40 CFR 1500
Citation graph
cites case law
Unknown
Notification of final report on regulatory review
Cite10 CFR 1021
Cite40 CFR 1500
Cites 3Cited by 0 across 0 sources