# Unified Agenda of Federal Regulatory and Deregulatory Actions > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-12903 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 9, 2016 - **Citation:** 81 FR 37288 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-12903. Public record. Not legal advice.