Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions, 11222-11225 [2023-02270]
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
‘‘Regulatory Planning and Review,’’ and
the Regulatory Flexibility Act.
DEPARTMENT OF ENERGY
10 CFR Chs. II, III, and X
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, as
amended, and programmatic needs of
DOE offices.
The internet is the basic means for
disseminating the Agenda and
SUPPLEMENTARY INFORMATION:
48 CFR Ch. 9
Fall 2022 Unified Agenda of Regulatory
and Deregulatory Actions
Department of Energy.
ACTION: Semiannual Regulatory Agenda.
AGENCY:
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),
including its Regulatory Plan (Plan),
pursuant to Executive Order 12866,
SUMMARY:
providing users the ability to obtain
information from the Agenda database.
DOE’s entire Fall 2022 Regulatory
Agenda can be accessed online by going
to www.reginfo.gov.
Publication in the Federal Register is
mandated by the Regulatory Flexibility
Act (5 U.S.C. 602) only for Agenda
entries that require either a regulatory
flexibility analysis or periodic review
under section 610 of that Act. The Plan
appears in both the online Agenda and
the Federal Register and includes the
most important of DOE’s significant
regulatory actions and a Statement of
Regulatory and Deregulatory Priorities.
Samuel Walsh,
General Counsel.
ENERGY EFFICIENCY AND RENEWABLE ENERGY—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
291 ....................
Energy Conservation Standards for Residential Conventional Cooking Products ..........................................
1904–AD15
ENERGY EFFICIENCY AND RENEWABLE ENERGY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
292 ....................
Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas
Furnaces (Reg Plan Seq No. 48).
Energy Conservation Standards for Commercial Water Heating-Equipment .................................................
Test Procedure for Consumer Water Heaters and Residential-Duty Commercial Water Heaters .................
293 ....................
294 ....................
1904–AD20
1904–AD34
1904–AE77
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
ENERGY EFFICIENCY AND RENEWABLE ENERGY—COMPLETED ACTIONS
Sequence No.
295
296
297
298
299
300
....................
....................
....................
....................
....................
....................
Energy Conservation Standards for General Service Lamps .........................................................................
Test Procedure for Ceiling Fans ......................................................................................................................
Test Procedures for Dehumidifying Direct-Expansion Dedicated Outdoor Air Systems .................................
Test Procedure for Battery Chargers ...............................................................................................................
Test Procedures for Electric Motors ................................................................................................................
Test Procedure for Cooking Tops ....................................................................................................................
DEPARTMENT OF ENERGY (DOE)
Energy Efficiency and Renewable Energy
(EE)
Proposed Rule Stage
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291. 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
VerDate Sep<11>2014
Regulation
Identifier No.
Title
20:52 Feb 21, 2023
Jkt 250001
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 reevaluates this determination of whether
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1904–AD09
1904–AD88
1904–AE46
1904–AE49
1904–AE62
1904–AF18
amending standards for cooking
products would result in significant
energy savings.
Timetable:
Action
Request for Information (RFI).
RFI Comment Period End.
RFI Comment Period Extended.
RFI Comment Period Extended
End.
NPRM and Public
Meeting.
E:\FR\FM\22FEP7.SGM
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Date
02/12/14
FR Cite
79 FR 8337
03/14/14
03/03/14
79 FR 11714
04/14/14
06/10/15
80 FR 33030
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Action
Date
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Supplemental
NPRM.
SNPRM Comment
Period Extended.
SNPRM Comment
Period Extended End.
Notice of Proposed Determination and
Request for
Comment.
Notice of Proposed Determination Comment Period
End.
Second SNPRM ..
07/30/15
FR Cite
80 FR 45452
09/09/15
09/02/16
81 FR 60784
09/30/16
81 FR 67219
11/02/16
12/14/20
85 FR 80982
03/01/21
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
DEPARTMENT OF ENERGY (DOE)
Energy Efficiency and Renewable Energy
(EE)
Final Rule Stage
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292. Energy Conservation Standards for
Residential Non-Weatherized Gas
Furnaces and Mobile Home Gas
Furnaces [1904–AD20]
Regulatory Plan: This entry is Seq.
No. 48 in part II of this issue of the
Federal Register.
RIN: 1904–AD20
293. Energy Conservation Standards for
Commercial Water Heating-Equipment
[1904–AD34]
Legal Authority: 42 U.S.C.
6313(a)(6)(C)(i) and (vi)
Abstract: The U.S. Department of
Energy (DOE) is undertaking a
rulemaking to amend energy
conservation standards for commercial
water heaters. Once completed, this
rulemaking will fulfill DOE’s statutory
obligation under the Energy Policy and
Conservation Act, as amended, (EPCA)
to either propose amended energy
conservation standards for commercial
VerDate Sep<11>2014
20:52 Feb 21, 2023
Jkt 250001
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 proposed to
amend the standards for certain classes
of CWH equipment for which DOE has
tentatively determined there is clear and
convincing evidence to support morestringent standards. Additionally, DOE
has proposed to codify standards for
electric instantaneous CWH equipment
from EPCA into the Code of Federal
Regulations.
Timetable:
Action
Date
Request for Information (RFI).
RFI Comment Period End.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Notice of Data
Availability
(NODA).
NODA Comment
Period End.
Notice of NPRM
Withdrawal.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period End.
Final Action .........
10/21/14
FR Cite
79 FR 62899
11/20/14
05/31/16
08/01/16
81 FR 34440
08/05/16
81 FR 51812
08/30/16
12/23/16
81 FR 94234
01/09/17
01/15/21
86 FR 3873
05/19/22
07/18/22
87 FR 30610
07/20/22
87 FR 43226
Frm 00003
294. Test Procedure for Consumer
Water Heaters and Residential-Duty
Commercial Water Heaters [1904–
AE77]
Legal Authority: 42 U.S.C.
6293(b)(1)(A); 42 U.S.C. 6314(a)(1)
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
consumer water heaters and certain
commercial water heaters found at 10
CFR 430, subpart B, appendix E and 10
CFR 431.106. As a result of this effort,
DOE may propose and amend the test
procedures for this product/equipment,
or issue a determination that no
amendments to the current test
procedures are required.
Timetable:
Action
Request for Information (RFI).
RFI Comment Period End.
RFI Comment Period Reopened.
RFI Comment Period Reopened
End.
NPRM ..................
NPRM; Correction
NPRM Comment
Period End.
Supplemental
NPRM.
Supplemental
NPRM Comment Period
End.
Final Action .........
Date
04/16/20
FR Cite
85 FR 21104
06/01/20
06/10/20
85 FR 35382
06/24/20
01/11/22
01/19/22
03/14/22
87 FR 1554
87 FR 2731
07/14/22
87 FR 42270
08/04/22
12/00/22
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–AE77
08/01/22
DEPARTMENT OF ENERGY (DOE)
07/00/23
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
PO 00000
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Fmt 4701
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Energy Efficiency and Renewable Energy
(EE)
Completed Actions
295. 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: Amendments to the Energy
Policy and Conservation Act (EPCA) in
the Energy Independence and Security
Act of 2007 (EISA) direct the U.S.
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
Department of Energy (DOE) to conduct
two rulemaking cycles to evaluate
energy conservation standards for
general service lamps (GSLs). EISA
specifically states that the scope of the
rulemaking is not limited to
incandescent lamp technologies. EISA
also states that DOE must consider in
the first rulemaking cycle the minimum
backstop requirement of 45 lumens per
watt (lm/W) for GSLs effective January
1, 2020. Pursuant to this authority, in
2014, DOE initiated a rulemaking to
determine whether to amend or adopt
standards for GSLs. Because DOE
ultimately failed to complete the first
cycle of GSL rulemaking in accordance
with statutory criteria, in 2022, DOE
finalized a rulemaking establishing the
45 lm/W backstop requirement for
GSLs. 87 FR 27439 (May 9, 2022). By
completing the final backstop rule, DOE
has concluded this first cycle of
rulemaking. DOE is pursuing the second
rulemaking cycle for GSLs under RIN
1904–AF43.
Completed:
Reason
Date
Final Rule Adopting a Definition
for GSL.
Final Rule Adopting a Definition
for GSL Effective.
Final Action Backstop Requirement for GSLs.
Final Rule, Backstop Requirement for GSLs
Effective.
05/09/22
FR Cite
87 FR 27461
07/08/22
05/09/22
87 FR 27439
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296. Test Procedure for Ceiling Fans
[1904–AD88]
Legal Authority: 42 U.S.C. 6293(b)(1)
and (16); 42 U.S.C. 6291(49)
Abstract: The U.S. Department of
Energy (DOE) has issued a final rule
amending its test procedures for ceiling
fans established under the Energy Policy
and Conservation Act (EPCA), as
amended. The final rule amends the test
procedures for ceiling fans to include a
definition for ‘‘circulating air’’ for the
purpose of the ceiling fan definition;
include ceiling fans greater than 24 feet
within the scope of the test procedure;
include certain belt-driven ceiling fans
within the scope of the test procedure;
specify that certain very small-diameter
20:52 Feb 21, 2023
Reason
Date
Final Rule ............
Final Rule; Correction.
Final Rule Effective.
Final Rule; Technical Amendment.
Final Rule; Technical Amendment Effective.
08/16/22
08/26/22
FR Cite
87 FR 50396
87 FR 52433
09/15/22
11/28/22
87 FR 72862
11/28/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeremy Dommu,
Phone: 202 586–9870, Email:
jeremy.dommu@ee.doe.gov.
RIN: 1904–AD88
07/25/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stephanie Johnson,
Phone: 202 287–1943, Email:
stephanie.johnson@ee.doe.gov.
RIN: 1904–AD09
VerDate Sep<11>2014
ceiling fans are not required to be tested;
maintain applicability of the standby
power test procedure to large-diameter
ceiling fans; specify instructions for
testing ceiling fans with certain
accessories or features; clarify test
voltage for large-diameter ceiling fans;
amend the low speed definition and
increase low speed tolerance for
stability criteria; permit an alternate setup to collect air velocity test data and
provide greater specificity regarding
sensor orientation; amend the blade
thickness measurement requirement;
update instrument measurement
resolution, represented values, rounding
instructions, and enforcement
provisions; and codify current guidance
on calculating several values reported
on the EnergyGuide label. The final rule
also includes updated references to the
industry test standard to reference the
latest version.
Completed:
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297. 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) has established
definitions for ‘‘direct expansiondedicated outdoor air systems’’
(DXDOASes) and ‘‘unitary dedicated
outdoor air systems’’ (unitary DOASes).
Unitary DOASes are a category of small,
large, and very large commercial
package air conditioning and heating
equipment under EPCA. In addition,
DOE established a test procedure to
measure the energy efficiency of
DXDOASes, which aligns with the most
recent version of the relevant industry
consensus test standards for
DXDOASes, with certain minor
modifications. Lastly, DOE adopted
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supporting definitions, energy efficiency
metrics for dehumidification and
heating modes, and provisions
governing public representations
through a final rule.
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, DOE acted under its
authority at 42 U.S.C. 6314(a)(4)(B) after
determining there is clear and
convincing evidence that the industry
consensus standard referenced in
ASHRAE Standard 90.1 (AHRI 920–
2015) would not meet the requirements
of 6314(a)(2). Therefore, DOE
established the test procedure in
alignment with the most recent version
of the industry test procedure (AHRI
920–2020) which DOE determined is
representative of an average use cycle
and is not unduly burdensome to
conduct, in accordance with 6314(a)(2).
(The NOPR for this rule was mistakenly
published in the Federal Register as
RIN 1904–AD93 on July 7, 2021).
Completed:
Reason
Final Action .........
Final Action Effective.
Date
07/27/22
08/26/22
FR Cite
87 FR 45164
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Catherine Rivest,
Phone: 202 586–7335, Email:
catherine.rivest@ee.doe.gov.
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
RIN: 1904–AE49
RIN: 1904–AE46
298. Test Procedure for Battery
Chargers [1904–AE49]
Legal Authority: 42 U.S.C. 6295(u); 42
U.S.C. 6293(b)(1)
Abstract: The Energy Policy and
Conservation Act (EPCA), as amended,
requires the U.S. Department of Energy
(DOE) to consider every 7 years whether
to amend test procedures for battery
chargers. In making this determination,
DOE must consider whether to amend
its test procedures because doing so
would more accurately produce test
results which measure energy
efficiency, or determine not to amend
the test procedures. In the final rule,
DOE amends the existing test
procedures for battery chargers to
reorganize certain subsections, clarify
symbology and references, correct an
incorrect cross reference and section
title, update the list of battery
chemistries, and terminate an existing
test procedure waiver because the
covered subject models have been
discontinued. This final rule also
establishes in new appendix Y1 a new
a test procedure for battery chargers that
expands coverage to include inductive
wireless battery chargers and establishes
associated definitions and test
provisions; establishes a new test
procedure approach that relies on
separate metrics for active mode,
standby mode, and off mode; and
updates the EPS selection criteria. The
new test procedure Y1 will be used for
the evaluation and issuance of updated
efficiency standards, as well as to
determine compliance with the updated
standards, should such standards be
established. This rulemaking fulfills
DOE’s statutory obligation to either
propose amended test procedures for
this equipment or determine that the
test procedures do not need to be
amended.
Completed:
Reason
Date
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Final Action .........
Final Action; Correction.
Final Action Effective.
09/08/22
10/07/22
FR Cite
87 FR 55090
87 FR 60867
10/11/22
Reason
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeremy Dommu,
Phone: 202 586–9870, Email:
jeremy.dommu@ee.doe.gov.
VerDate Sep<11>2014
299. Test Procedures for Electric Motors
[1904–AE62]
Legal Authority: 42 U.S.C. 6311(1)(A);
42 U.S.C. 6314(a)(1)
Abstract: The Energy Policy and
Conservation Act (EPCA), as amended,
requires the U.S. Department of Energy
(DOE) to amend the test procedures
with respect to electric motors at least
once every 7 years, if it determines that
amended test procedures would more
accurately produce test results
measuring the energy efficiency of
electric motors, or make a determination
not to amend the test procedures. The
final rule amends the existing scope of
the test procedures for electric motors
consistent with related updates to the
relevant industry testing standard (i.e.,
for air-over electric motors, electric
motors greater than 500 horsepower,
electric motors considered small,
inverter-only electric motors, and
synchronous electric motors); adds test
procedures, an appropriate metric, and
supporting definitions for additional
electric motors covered under the
amended scope; and updates references
to industry standards to reference
current versions. Furthermore, DOE is
adopting certain industry provisions
related to the prescribed test conditions
to further ensure the comparability of
test results. DOE is also amending
provisions pertaining to certification
testing and the determination of
represented values for electric motors
other than dedicated-purpose pool
pump motors, and re-locating such
provisions consistent with the location
of the certification requirements for
other covered products and equipment.
Finally, DOE is adding provisions
pertaining to certification testing and
the determination of represented values
for dedicated-purpose pool pump
motors. Now completed, this
rulemaking fulfills DOE’s statutory
obligation to either propose an amended
test procedure or determine that the
existing test procedure does not need to
be amended.
Completed:
20:52 Feb 21, 2023
Jkt 250001
Date
Final Action .........
Final Action; Correction.
Final Action Effective.
PO 00000
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10/19/22
10/26/22
11/18/22
Fmt 4701
FR Cite
87 FR 63588
87 FR 64689
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jeremy Dommu,
Phone: 202 586–9870, Email:
jeremy.dommu@ee.doe.gov.
RIN: 1904–AE62
300. 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 has
established a test procedure for
conventional cooking tops, a category of
cooking products, under a new
appendix. The new test procedure
adopts the latest version of the relevant
industry standard for electric cooking
tops with modifications. The
modifications adapt the test method to
gas cooking tops, normalize the energy
use of each test cycle, include
measurement of standby mode and off
mode energy use, update certain test
conditions, and clarify certain
provisions. This final rule retitles the
existing cooking products test procedure
to specify that it is for microwave ovens
only. Through this final rule, DOE
fulfills its statutory obligation to either
propose new test procedures for this
product or determine that new test
procedures are not required. This
review also satisfies 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).
Completed:
Reason
Final Action .........
Final Action Effective.
Date
08/22/22
09/21/22
FR Cite
87 FR 51492
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stephanie Johnson,
Phone: 202 287–1943, Email:
stephanie.johnson@ee.doe.gov.
RIN: 1904–AF18
[FR Doc. 2023–02270 Filed 2–21–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Unknown Section]
[Pages 11222-11225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02270]
[[Page 11221]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part VII
Department of Energy
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11222]]
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DEPARTMENT OF ENERGY
10 CFR Chs. II, III, and X
48 CFR Ch. 9
Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions
AGENCY: Department of Energy.
ACTION: Semiannual 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), including its Regulatory
Plan (Plan), 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, 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 entire Fall 2022 Regulatory Agenda can be accessed
online by going to www.reginfo.gov.
Publication in the Federal Register is mandated by the Regulatory
Flexibility Act (5 U.S.C. 602) only for Agenda entries that require
either a regulatory flexibility analysis or periodic review under
section 610 of that Act. The Plan appears in both the online Agenda and
the Federal Register and includes the most important of DOE's
significant regulatory actions and a Statement of Regulatory and
Deregulatory Priorities.
Samuel Walsh,
General Counsel.
Energy Efficiency and Renewable Energy--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
291....................... Energy Conservation 1904-AD15
Standards for Residential
Conventional Cooking
Products.
------------------------------------------------------------------------
Energy Efficiency and Renewable Energy--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
292....................... Energy Conservation 1904-AD20
Standards for Residential
Non-Weatherized Gas
Furnaces and Mobile Home
Gas Furnaces (Reg Plan
Seq No. 48).
293....................... Energy Conservation 1904-AD34
Standards for Commercial
Water Heating-Equipment.
294....................... Test Procedure for 1904-AE77
Consumer Water Heaters
and Residential-Duty
Commercial Water Heaters.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Energy Efficiency and Renewable Energy--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
295....................... Energy Conservation 1904-AD09
Standards for General
Service Lamps.
296....................... Test Procedure for Ceiling 1904-AD88
Fans.
297....................... Test Procedures for 1904-AE46
Dehumidifying Direct-
Expansion Dedicated
Outdoor Air Systems.
298....................... Test Procedure for Battery 1904-AE49
Chargers.
299....................... Test Procedures for 1904-AE62
Electric Motors.
300....................... Test Procedure for Cooking 1904-AF18
Tops.
------------------------------------------------------------------------
DEPARTMENT OF ENERGY (DOE)
Energy Efficiency and Renewable Energy (EE)
Proposed Rule Stage
291. 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
[[Page 11223]]
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 12/14/20 85 FR 80982
Request for Comment.
Notice of Proposed Determination 03/01/21
Comment Period End.
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: [email protected].
RIN: 1904-AD15
DEPARTMENT OF ENERGY (DOE)
Energy Efficiency and Renewable Energy (EE)
Final Rule Stage
292. Energy Conservation Standards for Residential Non-Weatherized Gas
Furnaces and Mobile Home Gas Furnaces [1904-AD20]
Regulatory Plan: This entry is Seq. No. 48 in part II of this issue
of the Federal Register.
RIN: 1904-AD20
293. Energy Conservation Standards for Commercial Water Heating-
Equipment [1904-AD34]
Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi)
Abstract: The U.S. Department of Energy (DOE) is undertaking a
rulemaking to amend energy conservation standards for commercial water
heaters. Once completed, this rulemaking will fulfill DOE's 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 proposed 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 has proposed 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
NPRM Comment Period Reopened........ 07/20/22 87 FR 43226
NPRM Comment Period End............. 08/01/22
Final Action........................ 07/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Hegarty, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737,
Email: [email protected].
RIN: 1904-AD34
294. Test Procedure for Consumer Water Heaters and Residential-Duty
Commercial Water Heaters [1904-AE77]
Legal Authority: 42 U.S.C. 6293(b)(1)(A); 42 U.S.C. 6314(a)(1)
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
consumer water heaters and certain commercial water heaters found at 10
CFR 430, subpart B, appendix E and 10 CFR 431.106. As a result of this
effort, DOE may propose and amend the test procedures for this product/
equipment, or issue a determination that no amendments to the current
test procedures are required.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 04/16/20 85 FR 21104
RFI Comment Period End.............. 06/01/20
RFI Comment Period Reopened......... 06/10/20 85 FR 35382
RFI Comment Period Reopened End..... 06/24/20
NPRM................................ 01/11/22 87 FR 1554
NPRM; Correction.................... 01/19/22 87 FR 2731
NPRM Comment Period End............. 03/14/22
Supplemental NPRM................... 07/14/22 87 FR 42270
Supplemental NPRM Comment Period End 08/04/22
Final Action........................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Hegarty, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737,
Email: [email protected].
RIN: 1904-AE77
DEPARTMENT OF ENERGY (DOE)
Energy Efficiency and Renewable Energy (EE)
Completed Actions
295. 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: Amendments to the Energy Policy and Conservation Act
(EPCA) in the Energy Independence and Security Act of 2007 (EISA)
direct the U.S.
[[Page 11224]]
Department of Energy (DOE) to conduct two rulemaking cycles to evaluate
energy conservation standards for general service lamps (GSLs). EISA
specifically states that the scope of the rulemaking is not limited to
incandescent lamp technologies. EISA also states that DOE must consider
in the first rulemaking cycle the minimum backstop requirement of 45
lumens per watt (lm/W) for GSLs effective January 1, 2020. Pursuant to
this authority, in 2014, DOE initiated a rulemaking to determine
whether to amend or adopt standards for GSLs. Because DOE ultimately
failed to complete the first cycle of GSL rulemaking in accordance with
statutory criteria, in 2022, DOE finalized a rulemaking establishing
the 45 lm/W backstop requirement for GSLs. 87 FR 27439 (May 9, 2022).
By completing the final backstop rule, DOE has concluded this first
cycle of rulemaking. DOE is pursuing the second rulemaking cycle for
GSLs under RIN 1904-AF43.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule Adopting a Definition for 05/09/22 87 FR 27461
GSL.
Final Rule Adopting a Definition for 07/08/22
GSL Effective.
Final Action Backstop Requirement 05/09/22 87 FR 27439
for GSLs.
Final Rule, Backstop Requirement for 07/25/22
GSLs Effective.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stephanie Johnson, Phone: 202 287-1943, Email:
[email protected].
RIN: 1904-AD09
296. Test Procedure for Ceiling Fans [1904-AD88]
Legal Authority: 42 U.S.C. 6293(b)(1) and (16); 42 U.S.C. 6291(49)
Abstract: The U.S. Department of Energy (DOE) has issued a final
rule amending its test procedures for ceiling fans established under
the Energy Policy and Conservation Act (EPCA), as amended. The final
rule amends the test procedures for ceiling fans to include a
definition for ``circulating air'' for the purpose of the ceiling fan
definition; include ceiling fans greater than 24 feet within the scope
of the test procedure; include certain belt-driven ceiling fans within
the scope of the test procedure; specify that certain very small-
diameter ceiling fans are not required to be tested; maintain
applicability of the standby power test procedure to large-diameter
ceiling fans; specify instructions for testing ceiling fans with
certain accessories or features; clarify test voltage for large-
diameter ceiling fans; amend the low speed definition and increase low
speed tolerance for stability criteria; permit an alternate set-up to
collect air velocity test data and provide greater specificity
regarding sensor orientation; amend the blade thickness measurement
requirement; update instrument measurement resolution, represented
values, rounding instructions, and enforcement provisions; and codify
current guidance on calculating several values reported on the
EnergyGuide label. The final rule also includes updated references to
the industry test standard to reference the latest version.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 08/16/22 87 FR 50396
Final Rule; Correction.............. 08/26/22 87 FR 52433
Final Rule Effective................ 09/15/22 .......................
Final Rule; Technical Amendment..... 11/28/22 87 FR 72862
Final Rule; Technical Amendment 11/28/22 .......................
Effective.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeremy Dommu, Phone: 202 586-9870, Email:
[email protected].
RIN: 1904-AD88
297. 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) has established definitions for ``direct expansion-dedicated
outdoor air systems'' (DXDOASes) and ``unitary dedicated outdoor air
systems'' (unitary DOASes). Unitary DOASes are a category of small,
large, and very large commercial package air conditioning and heating
equipment under EPCA. In addition, DOE established a test procedure to
measure the energy efficiency of DXDOASes, which aligns with the most
recent version of the relevant industry consensus test standards for
DXDOASes, with certain minor modifications. Lastly, DOE adopted
supporting definitions, energy efficiency metrics for dehumidification
and heating modes, and provisions governing public representations
through a final rule.
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, DOE acted under its authority at 42 U.S.C.
6314(a)(4)(B) after determining there is clear and convincing evidence
that the industry consensus standard referenced in ASHRAE Standard 90.1
(AHRI 920-2015) would not meet the requirements of 6314(a)(2).
Therefore, DOE established the test procedure in alignment with the
most recent version of the industry test procedure (AHRI 920-2020)
which DOE determined is representative of an average use cycle and is
not unduly burdensome to conduct, in accordance with 6314(a)(2). (The
NOPR for this rule was mistakenly published in the Federal Register as
RIN 1904-AD93 on July 7, 2021).
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 07/27/22 87 FR 45164
Final Action Effective.............. 08/26/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Rivest, Phone: 202 586-7335, Email:
[email protected].
[[Page 11225]]
RIN: 1904-AE46
298. Test Procedure for Battery Chargers [1904-AE49]
Legal Authority: 42 U.S.C. 6295(u); 42 U.S.C. 6293(b)(1)
Abstract: The Energy Policy and Conservation Act (EPCA), as
amended, requires the U.S. Department of Energy (DOE) to consider every
7 years whether to amend test procedures for battery chargers. In
making this determination, DOE must consider whether to amend its test
procedures because doing so would more accurately produce test results
which measure energy efficiency, or determine not to amend the test
procedures. In the final rule, DOE amends the existing test procedures
for battery chargers to reorganize certain subsections, clarify
symbology and references, correct an incorrect cross reference and
section title, update the list of battery chemistries, and terminate an
existing test procedure waiver because the covered subject models have
been discontinued. This final rule also establishes in new appendix Y1
a new a test procedure for battery chargers that expands coverage to
include inductive wireless battery chargers and establishes associated
definitions and test provisions; establishes a new test procedure
approach that relies on separate metrics for active mode, standby mode,
and off mode; and updates the EPS selection criteria. The new test
procedure Y1 will be used for the evaluation and issuance of updated
efficiency standards, as well as to determine compliance with the
updated standards, should such standards be established. This
rulemaking fulfills DOE's statutory obligation to either propose
amended test procedures for this equipment or determine that the test
procedures do not need to be amended.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 09/08/22 87 FR 55090
Final Action; Correction............ 10/07/22 87 FR 60867
Final Action Effective.............. 10/11/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeremy Dommu, Phone: 202 586-9870, Email:
[email protected].
RIN: 1904-AE49
299. Test Procedures for Electric Motors [1904-AE62]
Legal Authority: 42 U.S.C. 6311(1)(A); 42 U.S.C. 6314(a)(1)
Abstract: The Energy Policy and Conservation Act (EPCA), as
amended, requires the U.S. Department of Energy (DOE) to amend the test
procedures with respect to electric motors at least once every 7 years,
if it determines that amended test procedures would more accurately
produce test results measuring the energy efficiency of electric
motors, or make a determination not to amend the test procedures. The
final rule amends the existing scope of the test procedures for
electric motors consistent with related updates to the relevant
industry testing standard (i.e., for air-over electric motors, electric
motors greater than 500 horsepower, electric motors considered small,
inverter-only electric motors, and synchronous electric motors); adds
test procedures, an appropriate metric, and supporting definitions for
additional electric motors covered under the amended scope; and updates
references to industry standards to reference current versions.
Furthermore, DOE is adopting certain industry provisions related to the
prescribed test conditions to further ensure the comparability of test
results. DOE is also amending provisions pertaining to certification
testing and the determination of represented values for electric motors
other than dedicated-purpose pool pump motors, and re-locating such
provisions consistent with the location of the certification
requirements for other covered products and equipment. Finally, DOE is
adding provisions pertaining to certification testing and the
determination of represented values for dedicated-purpose pool pump
motors. Now completed, this rulemaking fulfills DOE's statutory
obligation to either propose an amended test procedure or determine
that the existing test procedure does not need to be amended.
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 10/19/22 87 FR 63588
Final Action; Correction............ 10/26/22 87 FR 64689
Final Action Effective.............. 11/18/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeremy Dommu, Phone: 202 586-9870, Email:
[email protected].
RIN: 1904-AE62
300. 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 has
established a test procedure for conventional cooking tops, a category
of cooking products, under a new appendix. The new test procedure
adopts the latest version of the relevant industry standard for
electric cooking tops with modifications. The modifications adapt the
test method to gas cooking tops, normalize the energy use of each test
cycle, include measurement of standby mode and off mode energy use,
update certain test conditions, and clarify certain provisions. This
final rule retitles the existing cooking products test procedure to
specify that it is for microwave ovens only. Through this final rule,
DOE fulfills its statutory obligation to either propose new test
procedures for this product or determine that new test procedures are
not required. This review also satisfies 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).
Completed:
------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 08/22/22 87 FR 51492
Final Action Effective.............. 09/21/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stephanie Johnson, Phone: 202 287-1943, Email:
[email protected].
RIN: 1904-AF18
[FR Doc. 2023-02270 Filed 2-21-23; 8:45 am]
BILLING CODE 6450-01-P
