Unified Agenda of Federal Regulatory and Deregulatory Actions

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 Independence and Security Act of 2007, the American Energy Manufacturing Technical Corrections Act 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 2016 Agenda can be accessed online by going to

www.reginfo.gov.

Agenda entries reflect the status of activities as of approximately May 31, 2016.

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. DOE's regulatory flexibility agenda is made up of five rulemakings setting energy efficiency standards for the following products:

• General Service Lamps

• Walk-In Coolers and Freezers

• Commercial Packaged Boilers

• Cooking Products

• Residential Furnaces

• Miscellaneous Refrigeration Equipment

P. Croley,

General Counsel.

Energy Efficiency and Renewable Energy—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

91

Energy Conservation Standards for Commercial Packaged Boilers

1904-AD01

92

Energy Conservation Standards for General Service Lamps

1904-AD09

Energy Efficiency and Renewable Energy—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

93

Test Procedures for Light-Emitting Diode Lamps

1904-AC67

94

Energy Efficiency Standards for Residential Dehumidifiers

1904-AC81

95

Energy Conservation Standards for Commercial Warm Air Furnaces

1904-AD11

96

Energy Conservation Standards for Ceiling Fans

1904-AD28

Energy Efficiency and Renewable Energy—Completed Actions

Sequence No.

Title

Regulation

Identifier No.

97

Energy Conservation Standards for Commercial and Industrial Pumps

1904-AC54

98

Energy Conservation Standards for Residential Ceiling Fan Light Kits

1904-AC87

99

Energy Conservation Standards for Residential Boilers

1904-AC88

100

Standards for Refrigerated Bottled or Canned Beverage Vending Machines

1904-AD00

101

Energy Conservation Standards for Commercial Pre-Rinse Spray Valves

1904-AD31

Defense and Security Affairs—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

102

Chronic Beryllium Disease Prevention Program

1992-AA39

103

Workplace Substance Abuse Programs at DOE Sites

1992-AA53

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Proposed Rule Stage

91. Energy Conservation Standards for Commercial Packaged Boilers

Legal Authority:

42 U.S.C. 6313(a)(6)(C)

Abstract:

EPCA, as amended by AEMTCA, requires the Secretary to determine whether updating the statutory energy conservation standards for commercial packaged boilers is technically feasible and economically justified and would save a significant amount of energy. If justified, the Secretary will issue amended energy conservation standards for such equipment.

Timetable:

Action

Date

FR Cite

Notice of Proposed Determination (NOPD)

08/13/13

78 FR 49202

NOPD Comment Period End

09/12/13

Notice of Public Meeting and Framework Document Availability

09/03/13

78 FR 54197

Framework Document Comment Period End

10/18/13

Notice of Public Meeting and Preliminary Analysis

11/20/14

79 FR 69066

Preliminary Analysis Comment Period End

01/20/15

Withdrawal of NOPD

08/25/15

80 FR 51487

NPRM

03/24/16

81 FR 15836

NPRM Comment Period End

05/23/16

NPRM Comment Period Extended

05/04/16

81 FR 26747

NPRM Comment Period Extended End

06/22/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

James Raba, Office of Building Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 586-8654,

Email: jim.raba@ee.doe.gov.

RIN:

1904-AD01

92. Energy Conservation Standards for General Service Lamps

Legal Authority:

42 U.S.C. 6295(i)(6)(A) and (B)

Abstract:

Amendments to Energy Policy and Conservation Act (EPCA) in the Energy Independence and Security Act of 2007 direct DOE to conduct two rulemaking cycles to evaluate energy conservation standards for GSLs, the first of which must be initiated no later than January 1, 2014. EPCA specifically states that the scope of the rulemaking is not limited to incandescent lamp technologies. EPCA also states that DOE must consider in the first rulemaking cycle the minimum backstop requirement of 45 lumens per watt for general service lamps (GSLs) effective January 1, 2020. This rulemaking constitutes DOE's first rulemaking cycle.

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; Notice of Public Meeting

12/11/14

79 FR 73503

Preliminary Analysis Comment Period End

02/09/15

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

Final Action

12/00/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lucy DeButts, Office of Buildings Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 287-1604

Email: lucy.debutts@ee.doe.gov.

RIN:

1904-AD09

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Final Rule Stage

93. Test Procedures for Light-Emitting Diode Lamps

Legal Authority:

42 U.S.C. 6294(a)(6); 42 U.S.C. 6293

Abstract:

EPCA, as amended by EISA 2007, requires the Secretary to create test procedures for light emitting diode (LED) lamps that accurately represent the energy consumption of this product. This rulemaking is supporting the implementation by the Federal Trade Commission of labeling provisions under 42 U.S.C. 6294(a)(6), as well as the ongoing general service lamps rulemaking, which includes LED lamps.

Timetable:

Action

Date

FR Cite

NPRM

04/09/12

77 FR 21038

NPRM Comment Period End

06/25/12

Supplemental NPRM

06/03/14

79 FR 32019

Supplemental NPRM Comment Period End

08/04/14

Second Supplemental NPRM

06/26/14

79 FR 36242

Second Supplemental NPRM Comment Period End

08/04/14

Third Supplemental NPRM

07/09/15

80 FR 39644

Third Supplemental NPRM Comment Period End

08/10/15

Final Action

07/00/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lucy DeButts, Office of Buildings Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 287-1604,

Email: lucy.debutts@ee.doe.gov.

RIN:

1904-AC67

94. Energy Efficiency Standards for Residential Dehumidifiers

Legal Authority:

42 U.S.C. 6295(m) and (cc)

Abstract:

EPCA requires the Secretary to determine whether updating the statutory energy conservation standards for residential dehumidifiers is technically feasible and economically justified and would result in significant energy savings. If these criteria are met, the Secretary will issue amended energy conservation standards.

Timetable:

Action

Date

FR Cite

Notice of Public Meeting and Framework Document Availability

08/17/12

77 FR 49739

Framework Document Comment Period Extended

08/28/12

77 FR 51943

Framework Document Comment Period Extended End

10/17/12

Notice of Public Meeting and Preliminary Analysis

05/22/14

79 FR 29380

Preliminary Analysis Comment Period End

07/21/14

NPRM

06/03/15

80 FR 31646

NPRM Comment Period End

08/03/15

Final Action

05/00/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky, Office of Building Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 287-1692,

Email: john.cymbalsky@ee.doe.gov.

RIN:

1904-AC81

95. Energy Conservation Standards for Commercial Warm Air Furnaces

Legal Authority:

42 U.S.C. 6313(a)(6)(C)(i) and (vi); 42 U.S.C. 6316; 42 U.S.C. 6295(p)(4)

Abstract:

EPCA, as amended by AEMTCA, requires the Secretary to determine whether updating the statutory energy conservation standards for commercial warm air furnaces is technically feasible and economically justified and would save a significant amount of energy. If justified, the Secretary will issue amended energy conservation standards for this type of equipment. On April 1, 2015, DOE published a notice announcing the creation of a working group under the Appliance Standards Federal Rulemaking Advisory Committee (ASRAC). (80 FR 17363) to potentially develop negotiated standards. DOE has since published a direct final rule and supplemental notice of proposed rulemaking that embodies the standards-related aspects of the recommendations submitted to (and approved by) ASRAC.

Timetable:

Action

Date

FR Cite

Request for Information (RFI)

05/02/13

78 FR 25627

RFI Comment Period End

06/03/13

NPRM

02/04/15

80 FR 6182

NPRM Comment Period End

04/06/15

Notice of Intent to Form Working Group

04/01/15

80 FR 17363

Notice of Public Meeting for Working Group

05/07/15

80 FR 26199

Direct Final Rule

01/15/16

81 FR 2420

Supplemental NPRM

01/15/16

81 FR 2111

Direct Final Rule and SNPRM Comment Period End

05/04/16

Direct Final Rule Effective

05/16/16

Final Action

06/00/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky, Office of Building Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 287-1692,

Email: john.cymbalsky@ee.doe.gov.

RIN:

1904-AD11

96. Energy Conservation Standards For Ceiling Fans

Legal Authority:

42 U.S.C. 6295(ff)

Abstract:

EPCA authorizes the Secretary to determine whether updating the statutory energy conservation standards for ceiling fans is technically feasible and economically justified and would result in significant energy savings. If these criteria are met, the Secretary may issue amended energy conservation standards for ceiling fans.

Timetable:

Action

Date

FR Cite

NPRM

01/13/16

81 FR 1688

NPRM Comment Period End

03/14/16

NPRM Comment Period Extended

03/15/16

81 FR 13763

NPRM Comment Period Extended End

04/14/16

Final Action

07/00/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lucy DeButts, Office of Buildings Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 287-1604,

Email: lucy.debutts@ee.doe.gov.

RIN:

1904-AD28

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Completed Actions

97. Energy Conservation Standards for Commercial and Industrial Pumps

Legal Authority:

42 U.S.C. 6311(1)(A)

Abstract:

EPCA, as amended, authorizes the Secretary to determine whether establishing energy conservation standards for commercial and industrial pumps is technically feasible and economically justified and would save a significant amount of energy. On June 13, 2013, DOE published a notice of intent to establish a negotiated rulemaking working group for the commercial and industrial pumps rulemaking under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed Federal standards for the energy efficiency of commercial and industrial pumps (78 FR 44036). The purpose of the working group was to discuss and, if possible, reach consensus on a proposed rule for the energy efficiency of commercial and industrial pumps. The working group negotiated standard levels that were accepted by ASRAC on July 7, 2014. As a result, DOE has proposed to adopt the working groups' recommendations.

Completed:

Reason

Date

FR Cite

Final Action

01/26/16

81 FR 4368

Final Action Effective

03/28/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky,

Phone:

202 287-1692,

Email: john.cymbalsky@ee.doe.gov

.

RIN:

1904-AC54

98. Energy Conservation Standards for Residential Ceiling Fan Light Kits

Legal Authority:

42 U.S.C. 6295(ff)(5)

Abstract:

EPCA authorizes the Secretary to determine whether updating the statutory energy conservation standards for ceiling fan light kits is technically feasible and economically justified and would result in significant energy savings. If the criteria are met, the Secretary may issue

amended energy conservation standards for these products.

Completed:

Reason

Date

FR Cite

Final Action

01/06/16

81 FR 580

Final Action Effective

03/07/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lucy DeButts,

Phone:

202 287-1604,

Email: lucy.debutts@ee.doe.gov

.

RIN:

1904-AC87

99. Energy Conservation Standards for Residential Boilers

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:

EPCA, as amended by EISA 2007, requires the Secretary to determine whether updating the statutory energy conservation standards for residential boilers is technically feasible and economically justified and would result in significant conservation of energy. If justified, the Secretary will issue amended energy conservation standards for residential boilers.

Completed:

Reason

Date

FR Cite

Final Action

01/15/16

81 FR 2320

Final Action Effective

03/15/16

Final Action; Technical Correction

01/27/16

81 FR 4574

Final Action; Technical Correction Effective

01/27/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky,

Phone:

202 287-1692,

Email: john.cymbalsky@ee.doe.gov

.

RIN:

1904-AC88

100. Standards for Refrigerated Bottled or Canned Beverage Vending Machines

Legal Authority:

42 U.S.C. 6295(m)(1)

Abstract:

EPCA, as amended by AEMTCA 2012, requires the Secretary to determine whether updating the statutory energy conservation standards for refrigerated beverage vending machines is technologically feasible and economically justified. The Secretary issued amended energy conservation standards on January 8, 2016.

Completed:

Reason

Date

FR Cite

Final Action

01/08/16

81 FR 1028

Final Action Effective

03/08/16

Final Rule; Correcting Amendment

04/25/16

81 FR 24009

Final Rule; Correcting Amendment Effective

04/25/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky,

Phone:

202 287-1692,

Email: john.cymbalsky@ee.doe.gov

.

RIN:

1904-AD00

101. Energy Conservation Standards for Commercial Pre-Rinse Spray Valves

Legal Authority:

42 U.S.C. 6295(m)

Abstract:

EPCA, as amended by EPACT 2005, requires the Secretary to determine whether amending the statutory energy conservation standards for commercial pre-rinse spray valves is technologically feasible and economically justified. If justified, the Secretary will issue amended energy conservation standards for commercial prerinse spray valves.

Completed:

Reason

Date

FR Cite

Notice of Data Availability (NODA)

11/12/15

80 FR 69888

NODA Comment Period End

12/04/15

Final Action

01/27/16

81 FR 4748

Final Action Effective

03/28/16

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Ashley Armstrong,

Phone:

202 586-6590,

Email: ashley.armstrong@ee.doe.gov

.

RIN:

1904-AD31

DEPARTMENT OF ENERGY (DOE)

Defense and Security Affairs (DSA)

Proposed Rule Stage

102. Chronic Beryllium Disease Prevention Program

Legal Authority:

42 U.S.C. 2201(i)(3), and (p); 42 U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7107

et seq.;

50 U.S.C. 2401

et seq.;

E.O. 12196

Abstract:

The Department of Energy is amending its current chronic beryllium disease prevention program regulation. The proposed amendments would improve and strengthen the current provisions and continue to be applicable to DOE Federal and contractor employees who are, were, or potentially were exposed to beryllium at DOE sites.

Timetable:

Action

Date

FR Cite

NPRM

05/00/16

NPRM Comment Period End

07/00/16

Final Action

07/00/17

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jacqueline D. Rogers, Industrial Hygienist, AU-11, Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 586-4714,

Email: jackie.rogers@hq.doe.gov

.

RIN:

1992-AA39

103. • Workplace Substance Abuse Programs at Doe Sites

Legal Authority:

41 U.S.C. 701

et seq.;

41 U.S.C. 2012, 2013, 2051, 2061, 2165, 2201b, 2201i, and 2201p; 42 U.S.C. 5814 and 5815; 42 U.S.C. 7151, 7251, and 7256; 50 U.S.C. 2401

et seq.

Abstract:

The Department of Energy is amending its regulation related to workplace substance abuse programs at DOE sites. The proposed amendments would address drug and alcohol abuse; testing workers in certain sensitive positions; development and approval of a workplace substance abuse program; employee assistance programs; and training. The proposed amendments would improve and strengthen the substance abuse programs; and enhance consistency with advances in similar rules and other Federal drug and alcohol programs that place similar requirements on the private sector.

Timetable:

Action

Date

FR Cite

NPRM

12/00/16

NPRM Comment Period End

03/00/17

Final Action

12/00/17

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Jacqueline D. Rogers, Industrial Hygienist, AU-11, Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585,

Phone:

202 586-4714,

Email: jackie.rogers@hq.doe.gov

.

RIN:

1992-AA53

[FR Doc. 2016-12903 Filed 6-8-16; 8:45 am]

BILLING CODE 6450-01-P