Energy Efficiency and Renewable Energy Office – Federal Register Recent Federal Regulation Documents

The Department of Energy today publishes proposed regulations to promote Federal procurement of energy efficient products. Today's proposal would establish a requirement for Federal agencies to report implementation of amendments to the National Energy Conservation Policy Act (NECPA) that require Federal agencies to procure ENERGY STAR qualified and Federal Energy Management Program (FEMP) designated products in procurements involving energy consuming products and systems. Today's notice of proposed rulemaking also provides draft guidance for Federal agencies on implementing the procurement requirements of NECPA.

This notice announces a teleconference of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L 92- 463; 86 Stat. 770) requires that public notice of these teleconferences be announced in the Federal Register. DATES: June 20, 2007 from 2 p.m. to 3 p.m. EDT

The National Energy Technology Laboratory, on behalf of the Office of Energy Efficiency and Renewable Energy's Building Technologies Program, intends to issue a Funding Opportunity Announcement (FOA) to select and fund Energy-Efficient Building Technology Application Centers. This FOA is expected to be issued on or about May 15, 2007. The goal of this funding opportunity is to establish geographically and climatically diverse Energy-Efficient Building Technology Application Centers. This goal supports the EERE Strategic Plan to increase the energy efficiency of the Nation's buildings and the Building Technology Program's Technology Validation and Market Introduction activity goal of accelerating the widespread market adoption of energy-efficient building technologies and practices. It also encourages demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industry professionals, and other individuals and organizations with an interest in efficient energy use.

This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee under the Biomass Research and Development Act of 2000. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. This notice announces the meeting of the Biomass Research and Development Technical Advisory Committee.

Today's notice publishes the Petition for Waiver from Cascade Group, LLC (hereafter ``Cascade''). This Petition for Waiver (hereafter ``Cascade Petition'') requests a waiver from the Department of Energy (hereafter ``DOE'') test procedure for commercial package air conditioners and heat pumps. In addition, today's notice denies Cascade's Application for Interim Waiver from the DOE test procedure applicable to commercial package air conditioners and heat pumps. Today's notice also includes an alternate test procedure DOE is considering. DOE is soliciting comments, data, and information with respect to the Cascade Petition, Cascade's Application for Interim Waiver, and the proposed alternate test procedure.

This notice announces the availability of a Department of Energy (DOE) document that provides guidelines to fleets covered by 10 CFR Part 490 (covered fleets) for submission of an application for a waiver from the alternative fuel vehicle acquisition requirements. In order to obtain a waiver, the requesting covered fleet must show that in lieu of the alternative fuel vehicle acquisitions, it will reduce petroleum consumption in its vehicle fleet by an amount that would equal 100 percent alternative fuel use in all of its existing covered light-duty vehicles. The guidelines provide instructions on making such a showing and illustrate the processing of a waiver request.

Today's notice publishes a Decision and Order (Case No. CAC- 012) granting a Waiver to Mitsubishi Electric and Electronics USA, Inc. (``MEUS'') from the existing Department of Energy (DOE) residential and commercial package air conditioner and heat pump test procedures for specified R410A CITY MULTI products. MEUS shall be required to test and rate the R410A CITY MULTI VRFZ products according to the alternate test procedure set forth in this notice. DOE is also amending the waiver granted to MEUS for its R22 CITY MULTI products in August 2004 to explicitly prohibit MEUS from making energy efficiency representations regarding these products unless such representations are consistent with the alternate test procedure.

In this notice, the Department of Energy (DOE) is forecasting the representative average unit costs of five residential energy sources for the year 2007 pursuant to the Energy Policy and Conservation Act. The five sources are electricity, natural gas, No. 2 heating oil, propane, and kerosene.

The Department of Energy (DOE) has submitted an information collection revision package to OMB for review under the provisions of the Paperwork Reduction Act of 1995. The package requests revision of the information collection listed at the end of this notice. Comments are invited on: (a) Whether the revised information collections are necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the agency's estimate of the burden of the information collections, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collections on respondents, including through the use of automated collection techniques or other forms of information technology.

The Energy Policy and Conservation Act, as amended (EPCA), establishes energy conservation standards for various commercial and industrial equipment. EPCA further provides with respect to certain equipment covered by this rule, that if the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) and the Illuminating Engineering Society of North America (IESNA) amend ASHRAE/ IESNA Standard 90.1 as in effect on October 24, 1992, then the Department of Energy (DOE) must establish amended national standards at the ASHRAE/IESNA Standard 90-1 minimum energy efficiency levels unless DOE determines that evidence supports adoption of higher standard levels or certain other circumstances exist. ASHRAE/IESNA amended ASHRAE/IESNA Standard 90.1 on October 29, 1999 (ASHRAE/IESNA Standard 90.1-1999), and DOE initiated this rulemaking to consider amendments to the national standards. DOE has concluded that it lacks authority to pursue higher standards for gas-fired instantaneous water heaters and large commercial packaged boilers. For small commercial packaged boilers with capacities greater than 300,000 Btu/h and less than or equal to 2.5 million British thermal units per hour, DOE is declining to adopt revised efficiency standards contained in the ASHRAE/IESNA Standard 90.1-1999 because the revised levels are less stringent than the current national standard. In addition, DOE has decided to conduct a separate rulemaking to consider whether standards at higher levels than those in the ASHRAE/IESNA Standard 90.1-1999 are warranted for packaged terminal air conditioners and packaged terminal heat pumps. Finally, DOE has concluded it does not have the authority to adopt, as uniform national standards, efficiency standards contained in Addenda f and b, respectively, to ASHRAE/IESNA Standard 90.1-2004 for three-phase air conditioners and heat pumps with cooling capacities less than 65,000 British thermal units per hour, and single-package vertical air conditioners and single-package vertical heat pumps with cooling capacities less than 65,000 Btu/h.

The Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) for liquid-immersed and medium-voltage, dry-type distribution transformers under the Energy Policy and Conservation Act (EPCA). In response to this notice, stakeholders commented that DOE's standard may prevent or render impractical the replacement of distribution transformers in certain space-constrained (e.g., vault) installations. Some stakeholders suggested that DOE's analysis of the benefits and burdens of the proposed standard should take into consideration the potential impacts of replacing transformers in space- constrained vaults. In the Notice of Proposed Rulemaking (NOPR), DOE factored weight-dependent installation costs in the analysis, but did not specifically address potential costs related to transformers installed in vaults. In today's notice, DOE requests comment on inclusion of potential costs related to size constraints of transformers installed in vaults. DOE also is considering an additional option for the final efficiency levels for liquid-immersed distribution transformers and by this notice invites public comment on this additional option.

This notice announces a teleconference of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92- 463; 86 Stat. 770) requires that public notice of these teleconferences be announced in the Federal Register.

The Department of Energy (DOE) has commenced a rulemaking to amend the existing energy conservation standards for residential water heaters, direct heating equipment, and pool heaters. On November 24, 2006, the DOE published in the Federal Register (FR) a notice of public meeting and availability of Framework Document for this rulemaking wherein it indicated that the comment period for this initial phase of the rulemaking closes on January 30, 2007. 71 FR 67825. On January 16, 2007, DOE held an informal public meeting to present its proposed methodologies for conducting the rulemaking, discuss issues relevant to the rulemaking proceeding, and initiate stakeholder interaction and the data collection process. Due to the extensive scope of material and issues raised at the meeting, some stakeholders at the public meeting requested an extension to the comment period. This notice extends the comment period to better provide opportunity for public review and comment on DOE's rulemaking approaches.

The Department of Energy (DOE) is publishing this technical amendment in order to place in the Code of Federal Regulations the energy conservation standards for ceiling fan light kits with sockets other than medium screw base or pin-based for fluorescent lamps that Congress prescribed in the Energy Policy Act of 2005.

The Department of Energy (hereafter ``DOE'') announces its denial, and the reasons therefore, of the California Energy Commission's Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers (hereafter ``California Petition'').

The Hydrogen and Fuel Cell Technical Advisory Committee (HTAC), established under the Energy Policy Act of 2005 (EPACT), Pub. L. 109-190, will hold its next meeting on January 9-10, 2007. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. To attend the meeting and/or to make oral statements regarding any of the items on the agenda, e-mail HTAC.Committee@ ee.doe.gov at least 5 business days before the meeting.

The Energy Policy Act of 2005 (EPACT 2005) includes amendments to the Energy Policy and Conservation Act (EPCA) to provide for new Federal energy efficiency and water conservation test procedures, and related definitions, for certain consumer products and certain commercial and industrial equipment. The amendments direct the Department of Energy (DOE) to establish new test procedures for many of these products and certain equipment, in most cases EPACT 2005 requires the new test procedures to be ``based on'' certain identified testing practices generally accepted by industry and other government agencies. Today, DOE adopts test procedures for eleven types of products for which EPACT 2005 identified specific test procedures on which the federally-mandated test procedures are to be based. In addition, DOE adopts test procedures for three other products for which EPACT 2005 did not specify specific test procedures, and for which test procedures have not previously been established. Furthermore, DOE is adopting a new version of the current test procedure for small commercial package air-conditioning and heating equipment, which will not change the existing requirements. DOE is also adopting technical corrections to the October 18, 2005, final rule, 70 FR 60407, which DOE described in detail in the July 25, 2006, notice of proposed rulemaking in this proceeding (July 2006 proposed rule), 71 FR 42178, 42195-96. However, DOE is not finalizing the procedures for sampling during compliance testing, and compliance certification and enforcement that were included in the July 2006 proposed rule. Such procedures will be addressed in a subsequent final rule.

This notice announces a teleconference of the State Energy Advisory Board (STEAB). The Federal Advisory Committee Act (Pub. L. 92- 463; 86 Stat. 770) requires that public notice of these teleconferences be announced in the Federal Register.

The Department of Energy (DOE) is commencing a rulemaking to amend the existing energy conservation standards for residential water heaters, direct heating equipment, and pool heaters. DOE will hold an informal public meeting to present its proposed methodologies for conducting this rulemaking, discuss issues relevant to the rulemaking proceeding, and initiate stakeholder interaction and the data collection process. DOE is also interested in identifying information that will assist it in establishing amended standards for these products. DOE encourages written comments on these subjects. This effort is the result of provisions in the Energy Policy and Conservation Act (EPCA) directing the Secretary of Energy (``Secretary'') to publish rules to determine whether the energy conservation standards for such products should be amended. To inform stakeholders and to facilitate this process, DOE has prepared a Framework Document, a draft of which is available at https:// www.eere.doe.gov/building/appliancestandards.

The Hydrogen and Fuel Cell Technical Advisory Committee (HTAC) held its first meeting on October 2-3, 2006. At that time, it was suggested that a conference call take place on November 17, 2006. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register. This notice fulfills that requirement. The public is permitted to listen in but is not permitted to comment until the end of the call at which time public comments will be taken.

The Department of Energy (DOE or the Department) published a final rule on April 27, 2006, amending Part 431 to prescribe test procedures and other provisions for distribution transformers, pursuant to sections 323(b)(10) and 346(a) of the Energy Policy and Conservation Act, as amended. (42 U.S.C. 6293(b)(10) and 6317(a)) This document corrects three typographical errors in the final rule.

The Energy Policy and Conservation Act (EPCA or the Act) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, and requires the Department of Energy (DOE or the Department) to determine if amendments to increase the stringency of the standards are technologically feasible and economically justified, and if they would save a significant amount of energy. In this notice, the Department is proposing to amend the energy conservation standards for residential furnaces and boilers and is announcing a public meeting.

The Department of Energy (DOE) is publishing a final rule that amends the State Energy Program regulations to incorporate certain changes made to the DOE-administered formula grant program by the Energy Policy Act of 2005 (EPACT 2005).

DOE proposes to modify the 2010 goal of 30 percent of U.S. motor fuel production to be supplied by replacement fuels, established in section 502(b)(2) of the Energy Policy Act of 1992 (EPAct 1992), because it is not achievable. The Department has authority to review the goal and to modify it, by rule, if it is not achievable, and in doing so may change the percentage level for the goal and/or the timeframe for achievement of the goal. The Department has determined through its analysis that the 30 percent replacement fuel production goal could potentially be met, not by 2010, but at a later date. The Department consequently is proposing in this notice to keep the replacement fuel goal of 30 percent originally provided in EPAct 1992 (section 502(b)(2)), but extend the date for achieving the goal to 2030.

The Hydrogen and Fuel Cell Technical Advisory Committee (HTAC) was recently established under the Energy Policy Act of 2005 (EPACT), P.L. 109-190. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that agencies publish these notices in the Federal Register to allow for public participation. This notice announces the first meeting of HTAC.