# Semiannual Regulatory Agenda > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-29860 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** December 23, 2016 - **Citation:** 81 FR 94735 ## Text DEPARTMENT OF ENERGY 10 CFR Chs. II, III, and X 48 CFR Ch. 9 Semiannual Regulatory Agenda AGENCY: Department of Energy. ACTION: Semiannual regulatory agenda. SUMMARY: The Department of Energy (DOE) has prepared and is making available its portion of the semiannual 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 statute, including amendments contained in the Energy Independence and Security Act of 2007 and 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 entire Fall 2016 Agenda can be accessed online by going to www.reginfo.gov. Agenda entries reflect the status of activities as of approximately November 30, 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 seven rulemakings that will set energy conservation standards for the following products: • Walk-In Coolers and Walk-In Freezers (1904-AD59) • Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces (1904-AD20) • Commercial Water Heaters (1904-AD34) • Commercial Packaged Boilers (1904-AD01) • General Service Fluorescent Lamps (1904-AD09) • Dedicated Purpose Pool Pumps (1904-AD52) • Manufactured Housing (1904-AC11) 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. Steven P. Croley, General Counsel. Energy Efficiency and Renewable Energy—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 245 Energy Conservation Standards for General Service Lamps (Reg Plan Seq No. 26) 1904-AD09 246 Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces (Reg Plan Seq No. 27) 1904-AD20 247 Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers (Reg Plan Seq No. 28) 1904-AD59 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . Energy Efficiency and Renewable Energy—Final Rule Stage Sequence No. Title Regulation Identifier No. 248 Energy Conservation Standards for Commercial Packaged Boilers (Reg Plan Seq No. 30) 1904-AD01 249 Energy Conservation Standards for Ceiling Fans 1904-AD28 250 Energy Conservation Standards for Commercial Water Heating Equipment (Reg Plan Seq No. 31) 1904-AD34 251 Energy Conservation Program: Test Procedures for Walk-In Cooler and Freezer Refrigeration Systems 1904-AD72 References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register . Energy Efficiency and Renewable Energy—Long-Term Actions Sequence No. Title Regulation Identifier No. 252 Energy Conservation Standards for Hearth Products 1904-AD35 Energy Efficiency and Renewable Energy—Completed Actions Sequence No. Title Regulation Identifier No. 253 Enforcement of Regional Standards for Residential Furnaces and Central Air Conditioners and Heat Pumps 1904-AC68 254 Energy Efficiency Standards for Residential Dehumidifiers 1904-AC81 255 Energy Conservation Standards for Small, Large, and Very Large Commercial Package Air Conditioning and Heating Equipment 1904-AC95 256 Energy Conservation Standards for Commercial Warm Air Furnaces 1904-AD11 257 Test Procedure for Commercial Water Heating Equipment 1904-AD18 Defense and Security Affairs—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 258 Workplace Substance Abuse Programs at DOE Sites 1992-AA53 Defense and Security Affairs—Final Rule Stage Sequence No. Title Regulation Identifier No. 259 Chronic Beryllium Disease Prevention Program 1992-AA39 Office of General Counsel—Final Rule Stage Sequence No. Title Regulation Identifier No. 260 Energy Conservation Program: Certification and Enforcement—Import Data Collection 1990-AA44 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Proposed Rule Stage 245. Energy Conservation Standards for General Service Lamps Regulatory Plan: This entry is Seq. No. 26 in part II of this issue of the Federal Register . RIN: 1904-AD09 246. Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces Regulatory Plan: This entry is Seq. No. 27 in part II of this issue of the Federal Register . RIN: 1904-AD20 247. Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers Regulatory Plan: This entry is Seq. No. 28 in part II of this issue of the Federal Register . RIN: 1904-AD59 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Final Rule Stage 248. Energy Conservation Standards for Commercial Packaged Boilers Regulatory Plan: This entry is Seq. No. 30 in part II of this issue of the Federal Register . RIN: 1904-AD01 249. Energy Conservation Standards for Ceiling Fans Legal Authority: 42 U.S.C. 6295(ff); 42 U.S.C. 6291 (49) 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 11/00/16 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 250. Energy Conservation Standards for Commercial Water Heating Equipment Regulatory Plan: This entry is Seq. No. 31 in part II of this issue of the Federal Register . RIN: 1904-AD34 251. • Energy Conservation Program: Test Procedures for Walk-In Cooler and Freezer Refrigeration Systems Legal Authority: 42 U.S.C. 6311 et seq. Abstract: DOE established a Working Group to negotiate amended energy conservation standards for six classes of walk-in cooler and freezer (walk-in) refrigeration systems. After holding a series of meetings as part of a negotiated rulemaking, the Working Group developed a Term Sheet containing a series of recommendations regarding potential energy conservation standards for these refrigeration systems and the current test procedure for evaluating the energy efficiency of a walk-in refrigeration system. This rulemaking proposes several test procedure amendments to implement these recommendations. These proposed amendments include certain changes to improve test procedure clarity, updating related certification and enforcement provisions to address the performance-based energy conservation standards for walk-in cooler and freezer equipment, and establishing labeling requirements that will aid manufacturers in determining which components would be considered for compliance purposes as intended for walk-in cooler and freezer applications. The proposal would also add certain equipment-specific definitions, remove the test method for refrigeration systems with hot gas defrost, and include a method to accommodate refrigeration equipment that use adaptive defrost and on-cycle variable-speed evaporator fan control. Timetable: Action Date FR Cite NPRM 08/17/16 81 FR 54926 NPRM Comment Period End 10/17/16 Final Action 12/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ashley Armstrong, General Engineer, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 586-6590, Email: ashley.armstrong@ee.doe.gov. RIN: 1904-AD72 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Long-Term Actions 252. Energy Conservation Standards for Hearth Products Legal Authority: 42 U.S.C. 6292(a)(20) and (b); 42 U.S.C. 6295(l)(1) Abstract: DOE is conducting a rulemaking to analyze potential energy conservation standards for hearth products. DOE is developing this rulemaking concurrent with its coverage determination for these products. Timetable: Action Date FR Cite NPRM and Notice of Public Meeting 02/09/15 80 FR 7082 NPRM Comment Period End 04/10/15 NPRM Comment Period Extended 04/13/15 80 FR 19569 NPRM Comment Period Extended End 05/11/15 Final Action To Be Determined Regulatory Flexibility Analysis Required: Yes. Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov. RIN: 1904-AD35 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Completed Actions 253. Enforcement of Regional Standards for Residential Furnaces and Central Air Conditioners and Heat Pumps Legal Authority: 42 U.S.C. 6295(o)(6)(G)(ii)(l) Abstract: DOE has developed three separate possible approaches to enforcement of regional standards for residential furnaces and residential central air conditioners and heat pumps set forth by direct final rule published in the Federal Register on June 27, 2011. 76 FR 37549. Adoption of these regional standards was addressed on October 31, 2011. (76 FR 67037) DOE intends to select one of these three approaches, or a combination of elements in these approaches, as a framework for an enforcement plan for regional standards. DOE is also considering a possible waiver process for regional standards applicability. DOE is required to promulgate an enforcement final rule covering the enforcement of regional standards “[n]ot later than 15 months after the date of the issuance of a final rule that establishes a regional standard” (42 U.S.C. 6295(o)(6)(G)(ii)(III)). In a notice published in the Federal Register on June 13, 2014, 79 FR 33870, DOE announced that it was forming a working group under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) to develop proposed energy efficiency requirements for regional standards enforcement. On November 19, 2015, DOE published a notice of proposed rulemaking that included the recommendations of the working group (80 FR 72373). On July 14, 2016, DOE published a final rule. (81 FR 45387) Completed: Reason Date FR Cite Final Action 07/14/16 81 FR 45387 Final Action Effective 08/15/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ashley Armstrong, Phone: 202 586-6590, Email: ashley.armstrong@ee.doe.gov. RIN: 1904-AC68 254. 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. Completed: Reason Date FR Cite Final Rule 06/13/16 81 FR 38338 Final Rule Effective 08/12/16 Final Rule; Technical Correction 08/22/16 81 FR 56471 Final Rule; Technical Correction Effective 08/22/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov. RIN: 1904-AC81 255. Energy Conservation Standards for Small, Large, and Very Large Commercial Package Air Conditioning and Heating Equipment 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: The Energy Policy and Conservation Act of 1975, as amended, requires DOE to periodically review its standards for small, large, and very large commercial package air conditioners and heating equipment (which includes commercial unitary air conditioners and heat pumps—or CUACs). Under amendments to EPCA made by the American Energy Manufacturing Technical Corrections Act of 2012, Pub. L. 112-210 (Dec. 18, 2012), DOE must review its standards for this equipment every six years and determine whether they need amending. It also requires that, for those equipment types for which more than six years have elapsed since the most recent final rules establishing or amending a standard for that equipment, DOE must publish either a notice of determination not to amend standards or a proposal to amend the applicable standard by December 31, 2013. More than six years has elapsed since the standards for this equipment were last amended. On April 1, 2015, DOE published a notice announcing that a working group, under the Appliance Standards Federal Rulemaking Advisory Committee (ASRAC), was created to potentially develop negotiated standards (80 FR 17363). DOE is conducting this rulemaking to consider amended energy conservation standards for commercial unitary air conditioners and heat pumps as required by EPCA, as amended. Completed: Reason Date FR Cite Direct Final Rule and Accompanying SNPRM Comment Period End 05/04/16 Direct Final Rule Effective 05/16/16 Confirmation of Effective Date and Compliance Dates for Direct Final Rule 05/24/16 81 FR 32628 Regulatory Flexibility Analysis Required: Yes. Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov. RIN: 1904-AC95 256. 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); 42 U.S.C. 6311 (11)(A) Abstract: EPCA, as amended by the American Energy Manufacturing Technical Corrections Act (AEMTCA) of 2012, Pub. L. 112-210 (Dec. 18, 2012), requires the Secretary to review its standards for this equipment every six years and 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. It also requires that, for those equipment types for which more than six years have elapsed since the most recent final rules establishing or amending a standard for that equipment, DOE must publish either a notice of determination not to amend standards or a proposal to amend the applicable standards by December 31, 2013. More than six years have elapsed since the standards for this equipment were last amended. On April 1, 2015, DOE published a notice announcing the creation of a working group under the Appliance Standards Federal Rulemaking Advisory Committee (ASRAC) to potentially develop negotiated standards (80 FR 17363). DOE is conducting this rulemaking to consider amended energy conservation standards for commercial warm air furnaces as required by EPCA, as amended. Completed: Reason Date FR Cite Direct Final Rule and Accompanying SNPRM Comment Period End 05/04/16 Direct Final Rule Effective 05/16/16 Confirmation of Effective Date and Compliance Date for Direct Final Rule 05/24/16 81 FR 32628 Regulatory Flexibility Analysis Required: Yes. Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov. RIN: 1904-AD11 257. Test Procedure for Commercial Water Heating Equipment Legal Authority: 42 U.S.C. 6314(a)(1)(A); 42 U.S.C. 6314(a)(4)(B) Abstract: EPCA, as amended by EISA 2007 and AEMTCA, requires the Secretary to update test procedures for commercial water heating equipment to be consistent with the amended industry test procedure so as to reflect any technological advances in this equipment and accurately represent the energy consumption of this equipment. The statute also requires DOE to consider any necessary amendments to its test procedures at least once every seven years. This rulemaking will satisfy both statutory provisions. Completed: Reason Date FR Cite NPRM 05/09/16 81 FR 28588 Final Rule 11/10/16 81 FR 79261 Final Action Effective 12/12/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Ashley Armstrong, Phone: 202 586-6590, Email: ashley.armstrong@ee.doe.gov. RIN: 1904-AD18 DEPARTMENT OF ENERGY (DOE) Defense and Security Affairs (DSA) Proposed Rule Stage 258. 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 2201(p); 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 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 DEPARTMENT OF ENERGY (DOE) Defense and Security Affairs (DSA) Final Rule Stage 259. Chronic Beryllium Disease Prevention Program Legal Authority: 42 U.S.C. 2201(i)(3), and (p); 42 U.S.C. 2282(c); 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 06/07/16 81 FR 36704 NPRM Comment Period End 09/06/16 Final Action 10/00/17 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 DEPARTMENT OF ENERGY (DOE) Office of General Counsel (OGC) Final Rule Stage 260. Energy Conservation Program: Certification and Enforcement-Import Data Collection Legal Authority: 42 U.S.C. 6291 to 6317 Abstract: This rulemaking will provide DOE an automated mechanism to advise U.S. Customs and Border Protection (CBP) of imports that do not comply with energy conservation standards and/or to advise CBP of DOE's recommendation for conditional release of goods. Timetable: Action Date FR Cite NPRM 12/29/15 80 FR 81199 NPRM Comment Period End 02/12/16 Notice of Public Meeting and NPRM Comment Period Reopened 02/17/16 81 FR 8022 NPRM Comment Period Reopened End 02/29/16 2nd NPRM Comment Period Reopened 03/07/16 81 FR 11686 2nd NPRM Comment Period Reopened End 03/14/16 3rd NPRM Comment Period Reopened 05/16/16 81 FR 30217 3rd NPRM Comment Period Reopened End 06/15/16 Final Action 12/00/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Laura Barhydt, Assistant General Counsel for Enforcement, Department of Energy, Office of General Counsel, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 287-5772, Email: laura.barhydt@hq.doe.gov. RIN: 1990-AA44 [FR Doc. 2016-29860 Filed 12-22-16; 8:45 am] BILLING CODE 6450-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-29860. Public record. Not legal advice.