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Code · REGISTER · 2022-08-08 · Department of Energy · Notices

Notices. Semi-annual regulatory agenda

2,567 words·~12 min read·/register/2022/08/08/2022-14602

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BILLING CODE 4000-01-P 87 151 Monday, August 8, 2022 UA: Reg Flex Agenda Part VII Department of Energy Semiannual Regulatory Agenda DEPARTMENT OF ENERGY 10 CFR Chs. II, III, and X 48 CFR Ch. 9 Unified Agenda of Federal Regulatory and Deregulatory Actions AGENCY: Department of Energy. ACTION: Semi-annual regulatory agenda. SUMMARY: The Department of Energy
(DOE)has prepared and is making available its portion of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda) pursuant to Executive Order 12866, “Regulatory Planning and Review,” and the Regulatory Flexibility Act. SUPPLEMENTARY INFORMATION: The Agenda is a government-wide compilation of upcoming and ongoing regulatory activity, including a brief description of each rulemaking and a timetable for action. The Agenda also includes a list of regulatory actions completed since publication of the last Agenda. The Department of Energy's portion of the Agenda includes regulatory actions called for by the Energy Policy and Conservation Act of 1975, as amended, and programmatic needs of DOE offices. The internet is the basic means for disseminating the Agenda and providing users the ability to obtain information from the Agenda database. DOE's Spring 2022 Agenda can be accessed online by going to *www.reginfo.gov.* DOE's regulatory flexibility agenda is made up of rulemakings setting energy efficiency standards and requirements applicable to DOE sites. Samuel Walsh, General Counsel. Energy Efficiency and Renewable Energy—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 76 Energy Conservation Standards for Residential Conventional Cooking Products 1904-AD15 77 Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces 1904-AD20 78 Energy Conservation Standards for Commercial Water Heating-Equipment 1904-AD34 Energy Efficiency and Renewable Energy—Final Rule Stage Sequence No. Title Regulation Identifier No. 79 Energy Conservation Standards for General Service Lamps 1904-AD09 80 Test Procedure for Single-Package Vertical Air Conditioners and Heat Pumps 1904-AD94 81 Test Procedures for Dehumidifying Direct-Expansion Dedicated Outdoor Air Systems 1904-AE46 82 Test Procedure for Cooking Tops 1904-AF18 Energy Efficiency and Renewable Energy—Completed Actions Sequence No. Title Regulation Identifier No. 83 Energy Conservation Standards for Manufactured Housing 1904-AC11 DEPARTMENT OF ENERGY
(DOE)Energy Efficiency and Renewable Energy
(EE)Proposed Rule Stage 76. Energy Conservation Standards for Residential Conventional Cooking Products [1904-AD15] *Legal Authority:* 42 U.S.C. 6295(m)(1); 42 U.S.C. 6292(a)(10); 42 U.S.C. 6295(h) *Abstract:* The Energy Policy and Conservation Act (EPCA), as amended by Energy Independence and Security Act of 2007 (EISA), prescribes energy conservation standards for various consumer products, including consumer conventional cooking products. EPCA also requires the U.S. Department of Energy
(DOE)to periodically determine whether more stringent standards would be technologically feasible and economically justified and would result in a significant conservation of energy. In this rulemaking, DOE is considering whether to update energy conservation standards for consumer conventional cooking products in order to fulfill its statutory deadline for amending energy conservation standards for cooking products under 42 U.S.C. 6295(m)(1). In 2020, DOE tentatively determined that amended energy conservation standards for consumer conventional cooking products would not be economically justified and would not result in significant energy savings. DOE re-evaluates this determination of whether amending standards for cooking products would result in significant energy savings. *Timetable:* Action Date FR Cite Request for Information
(RFI)02/12/14 79 FR 8337 RFI Comment Period End 03/14/14 RFI Comment Period Extended 03/03/14 79 FR 11714 RFI Comment Period Extended End 04/14/14 NPRM and Public Meeting 06/10/15 80 FR 33030 NPRM Comment Period Extended 07/30/15 80 FR 45452 NPRM Comment Period Extended End 09/09/15 Supplemental NPRM 09/02/16 81 FR 60784 SNPRM Comment Period Extended 09/30/16 81 FR 67219 SNPRM Comment Period Extended End 11/02/16 Notice of Proposed Determination and Request for Comment 12/14/20 85 FR 80982 Notice of Proposed Determination Comment Period End 03/01/21 Second SNPRM 01/00/23 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Stephanie Johnson, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building Technologies Office, EE5B, Washington, DC 20585, *Phone:* 202 287-1943, *Email: stephanie.johnson@ee.doe.gov.* *RIN:* 1904-AD15 77. Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces [1904-AD20] *Legal Authority:* 42 U.S.C. 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 U.S.C. 6295(gg)(3) *Abstract:* The Energy Policy and Conservation Act, as amended,
(EPCA)prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential furnaces. EPCA also requires the U.S. Department of Energy
(DOE)to determine whether more-stringent amended standards would be technologically feasible and economically justified and would save a significant amount of energy. DOE is considering amendments to its energy conservation standards for residential non-weatherized gas furnaces and mobile home gas furnaces pursuant to a court-ordered remand of DOE's 2011 rulemaking for these products. *Timetable:* Action Date FR Cite Notice of Public Meeting 10/30/14 79 FR 64517 NPRM and Notice of Public Meeting 03/12/15 80 FR 13120 NPRM Comment Period Extended 05/20/15 80 FR 28851 NPRM Comment Period Extended End 07/10/15 Notice of Data Availability
(NODA)09/14/15 80 FR 55038 NODA Comment Period End 10/14/15 NODA Comment Period Reopened 10/23/15 80 FR 64370 NODA Comment Period Reopened End 11/06/15 Supplemental NPRM and Notice of Public Meeting 09/23/16 81 FR 65720 Supplemental NPRM Comment Period End 11/22/16 SNPRM Comment Period Reopened 12/05/16 81 FR 87493 SNPRM Comment Period End 01/06/17 Notice of NPRM Withdrawal 01/15/21 86 FR 3873 NPRM 06/00/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Julia Hegarty, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, *Phone:* 240 597-6737, *Email:* *julia.hegarty@ee.doe.gov* *RIN:* 1904-AD20 78. Energy Conservation Standards for Commercial Water Heating-Equipment [1904-AD34] *Legal Authority:* 42 U.S.C. 6313(a)(6)(C)(i) and
(vi)*Abstract:* Once completed, this rulemaking will fulfill the U.S. Department of Energy's
(DOE)statutory obligation under the Energy Policy and Conservation Act, as amended,
(EPCA)to either propose amended energy conservation standards for commercial water heaters and hot water supply boilers (CWHs), or determine that the existing standards do not need to be amended. (Unfired hot water storage tanks and commercial heat pump water heaters are being considered in a separate rulemaking.) DOE must determine whether national standards more stringent than those that are currently in place would result in a significant additional amount of energy savings and whether such amended national standards would be technologically feasible and economically justified. DOE proposes to amend the standards for certain classes of CWH equipment for which DOE has tentatively determined there is clear and convincing evidence to support more-stringent standards. Additionally, DOE is proposing to codify standards for electric instantaneous CWH equipment from EPCA into the Code of Federal Regulations. *Timetable:* Action Date FR Cite Request for Information
(RFI)10/21/14 79 FR 62899 RFI Comment Period End 11/20/14 NPRM 05/31/16 81 FR 34440 NPRM Comment Period End 08/01/16 NPRM Comment Period Reopened 08/05/16 81 FR 51812 NPRM Comment Period Reopened End 08/30/16 Notice of Data Availability
(NODA)12/23/16 81 FR 94234 NODA Comment Period End 01/09/17 Notice of NPRM Withdrawal 01/15/21 86 FR 3873 NPRM 05/19/22 87 FR 30610 NPRM Comment Period End 07/18/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Julia Hegarty, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, *Phone:* 240 597-6737, *Email: julia.hegarty@ee.doe.gov.* *RIN:* 1904-AD34 DEPARTMENT OF ENERGY
(DOE)Energy Efficiency and Renewable Energy
(EE)Final Rule Stage 79. Energy Conservation Standards for General Service Lamps [1904-AD09] *Legal Authority:* 42 U.S.C. 6295(i)(6)(A); 42 U.S.C. 6295(i)(6)(B) *Abstract:* The U.S. Department of Energy
(DOE)is conducting a rulemaking to determine whether to amend or adopt standards for general service lamps (GSLs). This rulemaking is being undertaken pursuant to DOE's authority under the Energy Policy and Conservation Act, as amended and satisfies a term of DOE's settlement agreement with the National Electrical Manufacturers Association to issue a supplemental notice of proposed rulemaking regarding whether to amend or adopt standards for general service light-emitting diode lamps and possibly compact fluorescent lamps, which are both types of GSLs. *Timetable:* Action Date FR Cite Framework Document Availability; Notice of Public Meeting 12/09/13 78 FR 73737 Framework Document Comment Period End 01/23/14 Framework Document Comment Period Extended 01/23/14 79 FR 3742 Framework Document Comment Period Extended End 02/07/14 Preliminary Analysis and Notice of Public Meeting 12/11/14 79 FR 73503 Preliminary Analysis Comment Period Extended 01/30/15 80 FR 5052 Preliminary Analysis Comment Period Extended End 02/23/15 Notice of Public Meeting; Webinar 03/15/16 81 FR 13763 NPRM 03/17/16 81 FR 14528 NPRM Comment Period End 05/16/16 Notice of Public Meeting; Webinar 10/05/16 81 FR 69009 Proposed Definition and Data Availability 10/18/16 81 FR 71794 Proposed Definition and Data Availability Comment Period End 11/08/16 Final Rule Adopting a Definition for GSL 01/19/17 82 FR 7276 Final Rule Adopting a Definition for GSL Effective 01/01/20 Final Rule Adopting a Definition for GSL Including IRL 01/19/17 82 FR 7322 Final Rule Adopting a Definition for GSL Including IRL Effective 01/01/20 Final Rule; Withdrawal of Definition for GSL (Reported as 1904-AE26) 09/05/19 84 FR 46661 Final Rule; Withdrawal of Definition for GSL Effective 10/07/19 Final Rule Adopting a Definition for GSL 05/09/22 87 FR 27461 Final Rule Adopting a Definition for GSL Effective 07/08/22 Supplemental NPRM 12/00/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Stephanie Johnson, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building Technologies Office, EE5B, Washington, DC 20585, *Phone:* 202 287-1943, *Email: stephanie.johnson@ee.doe.gov.* *RIN:* 1904-AD09 80. Test Procedure for Single-Package Vertical Air Conditioners and Heat Pumps [1904-AD94] *Legal Authority:* 42 U.S.C. 6314(a)(1)(A) *Abstract:* Consistent with the requirements under the Energy Policy and Conservation Act (EPCA), as amended, the U.S. Department of Energy
(DOE)is examining whether to amend the current test procedure for single-package vertical air conditioners and heat pumps found at 10 CFR 431.96. As a result of this proceeding, DOE may propose and amend the test procedures for this equipment, or issue a determination that no amendments to the current test procedures are required. Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose an amended test procedure for this equipment or determine that the existing test procedure does not need to be amended. *Timetable:* Action Date FR Cite Request for Information
(RFI)07/20/18 83 FR 34499 RFI Comment Period End 09/04/18 NPRM 01/14/22 87 FR 2490 NPRM Comment Period End 03/15/22 Final Action 09/00/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Catherine Rivest, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building Technologies Office, EE-5B, Washington, DC 20585, *Phone:* 202 586-7335, *Email: catherine.rivest@ee.doe.gov.* *RIN:* 1904-AD94 81. Test Procedures for Dehumidifying Direct-Expansion Dedicated Outdoor Air Systems [1904-AE46] *Legal Authority:* 42 U.S.C. 6314(a)(4) *Abstract:* Consistent with the requirements under the Energy Policy and Conservation Act (EPCA), as amended, the U.S. Department of Energy
(DOE)is seeking to establish a Federal test procedure for dehumidifying direct-expansion dedicated outdoor air systems (DDX-DOASes) at 10 CFR 431.96. For covered equipment addressed in the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 90.1, the DOE test procedure must be based upon the generally accepted industry testing procedure referenced in that industry consensus standard (42 U.S.C. 6314(a)(4)(A)). The statute further requires that each time the referenced industry test procedure is updated, DOE must amend the Federal test procedure to be consistent with the amended industry test procedure, unless there is clear and convincing evidence that the update would not be representative of an average use cycle or would be unduly burdensome to conduct (42 U.S.C. 6314(a)(4)(B)). Independent of that test procedure review obligation, EPCA also includes a 7-year-look-back review provision for covered commercial and industrial equipment that requires DOE to conduct an evaluation of each class of covered equipment to determine whether amended test procedures would more accurately or fully comply with the requirements that the Federal test procedure be representative of an average use cycle and not be unduly burdensome to conduct (42 U.S.C. 6314(a)(1)). In this test procedure rulemaking for DDX-DOASes, DOE is acting under its authority at 42 U.S.C. 6314(a)(4), and accordingly, it will propose and adopt a new Federal test procedure for this equipment. (The NOPR for this rule was mistakenly published in the **Federal Register** as RIN 1904-AD93 on July 7, 2021). *Timetable:* Action Date FR Cite Request for Information
(RFI)07/25/17 82 FR 34427 RFI Comment Period Ends 08/24/17 NPRM (Incorrectly Published as 1904-AD93) 07/07/21 86 FR 36018 NPRM Comment Period End 09/07/21 Supplemental NPRM 12/23/21 86 FR 72874 SNPRM Comment Period End 01/24/22 Final Action 06/00/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Catherine Rivest, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building Technologies Office, EE-5B, Washington, DC 20585, *Phone:* 202 586-7335, *Email: catherine.rivest@ee.doe.gov.* *RIN:* 1904-AE46 82. Test Procedure for Cooking Tops [1904-AF18] *Legal Authority:* 42 U.S.C. 6293(b)(1); 42 U.S.C. 6292(a)(10) *Abstract:* The U.S. Department of Energy
(DOE)is required to review its test procedures for cooking products, including conventional cooking tops, once every 7 years under the Energy Policy and Conservation Act (EPCA), as amended. In this rulemaking, DOE is proposing to establish a test procedure for conventional cooking tops, a category of cooking products, that would replace the procedure that DOE withdrew on August 18, 2020. Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose new test procedures for this product or determine that new test procedures are not required. This review will also satisfy the review requirement under Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” 86 FR 7037 (January 25, 2021). *Timetable:* Action Date FR Cite NPRM 11/04/21 86 FR 60974 NPRM Comment Period End 01/03/22 NPRM Comment Period Extended and Notification of Data Availability 12/16/21 86 FR 71406 NPRM Comment Period Extended End 01/18/22 Second NPRM Comment Period Extended 01/18/22 87 FR 2559 Second NPRM Comment Period Extended End 02/17/22 Final Action 07/00/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* Stephanie Johnson, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building Technologies Office, EE5B, Washington, DC 20585, *Phone:* 202 287-1943, *Email: stephanie.johnson@ee.doe.gov.* *RIN:* 1904-AF18 DEPARTMENT OF ENERGY
(DOE)Energy Efficiency and Renewable Energy
(EE)Completed Actions 83. Energy Conservation Standards for Manufactured Housing [1904-AC11] *Legal Authority:* 42 U.S.C. 17071 *Abstract:* The U.S. Department of Energy
(DOE)has issued a final rule to address the requirement in section 413 of the Energy Independence and Security Act of 2007
(EISA)that DOE establish energy conservation standards for manufactured housing. See 42 U.S.C. 1707(a)(1). DOE is directed by EISA to base the energy efficiency standards on the most recent version of the International Energy Conservation Code (IECC), except where DOE finds that the IECC is not cost effective, or a more stringent standard would be more cost effective, based on the impact of the IECC on the purchase price of manufactured housing and on total life-cycle construction and operating costs. The established standards provide a set of “tiered” standards based on the size of the manufactured home (single-section or multi-section) that would apply the 2021 IECC-based standards to manufactured homes, with less stringent building thermal envelope requirements for single-section manufactured homes. *Completed:* Reason Date FR Cite SNPRM Comment Period End 10/25/21 NODA and Supplemental NPRM Comment Period Reopening 10/26/21 86 FR 59042 NODA and Supplemental NPRM Comment Period Reopening End 11/26/21 NODA Comment Period Reopened 01/14/22 87 FR 2359 NODA Comment Period Reopened End 02/28/22 Record of Decision 05/31/22 87 FR 32405 Final Rule 05/31/22 87 FR 32728 Final Rule Effective 08/01/22 *Regulatory Flexibility Analysis Required:* Yes. *Agency Contact:* John Cymbalsky, *Phone:* 202 287-1692, *Email: john.cymbalsky@ee.doe.gov.* *RIN:* 1904-AC11 [FR Doc. 2022-14602 Filed 8-5-22; 8:45 am]
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