Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions

DEPARTMENT OF ENERGY

10 CFR Chs. II, III, and X

48 CFR Ch. 9

Fall 2018 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 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 (EISA) and the American Energy Manufacturing Technical Corrections Act (AEMTCA), 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 2018 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. DOE's regulatory flexibility agenda is made up of one rulemaking that will set energy conservation standards. This rule is Energy Conservation Standards for Residential Conventional Cooking Products (1904-AD15). 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.

Theodore J. Garrish,

Acting General Counsel.

Energy Efficiency and Renewable Energy—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

248

Energy Conservation Standards for General Service Lamps

1904-AD09

249

Energy Conservation Standards for Residential Conventional Cooking Products

(Reg Plan Seq No. 40)

1904-AD15

250

Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces

1904-AD20

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.

251

Energy Conservation Standards for Commercial Water Heating Equipment

1904-AD34

Energy Efficiency and Renewable Energy—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

252

Energy Conservation Standards for Commercial Packaged Boilers

1904-AD01

253

Modifying the Energy Conservation Program to Implement a Market-Based Approach

1904-AE11

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Proposed Rule Stage

248. Energy Conservation Standards for General Service Lamps

E.O. 13771 Designation:

Other.

Legal Authority:

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

Abstract:

The Department will issue a Supplemental Notice of Proposed Rulemaking that includes a proposed determination with respect to whether to amend or adopt standards for general service light-emitting diode (LED) lamps and that may include a proposed determination with respect to whether to amend or adopt standards for compact fluorescent lamps. According to the Settlement Agreement between the National Electrical Manufacturers Association (NEMA) and the Department (DOE), DOE will use its best efforts to issue the GSL SNOPR by May 28, 2018.

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 and Notice of Public Meeting

12/11/14

79 FR 73503

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

Notice of Public Meeting; Webinar

10/05/16

81 FR 69009

Proposed Definition and Data Availability

10/18/16

81 FR 71794

Proposed Definition and Data Availability Comment Period End

11/08/16

Final Rule Adopting a Definition for GSL

01/19/17

82 FR 7276

Final Rule Adopting a Definition for GSL Effective

01/01/20

Final Rule Adopting a Definition for GSL Including IRL

01/19/17

82 FR 7322

Final Rule Adopting a Definition for GSL Including IRL Effective

01/01/20

Supplemental NPRM

08/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Lucy deButts, Buildings Technologies Office, 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

249. Energy Conservation Standards for Residential Conventional Cooking Products

Regulatory Plan:

This entry is Seq. No. 40 in part II of this issue of the

Federal Register

.

RIN:

1904-AD15

250. Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces

E.O. 13771 Designation:

Regulatory.

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:

The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential furnaces. EPCA also requires the DOE to determine whether more stringent amended standards would be technologically feasible and economically justified and would save a significant amount of energy. DOE is considering amendments to its energy conservation standards for residential non-weatherized gas furnaces and mobile home gas furnaces in partial fulfillment of a court-ordered remand of DOE's 2011 rulemaking for these products.

Timetable:

Action

Date

FR Cite

Notice of Public Meeting

10/30/14

79 FR 64517

NPRM and Notice of Public Meeting

03/12/15

80 FR 13120

NPRM Comment Period Extended

05/20/15

80 FR 28851

NPRM Comment Period Extended End

07/10/15

Notice of Data Availability (NODA)

09/14/15

80 FR 55038

NODA Comment Period End

10/14/15

NODA Comment Period Reopened

10/23/15

80 FR 64370

NODA Comment Period Reopened End

11/06/15

Supplemental NPRM and Notice of Public Meeting

09/23/16

81 FR 65720

Supplemental NPRM Comment Period End

11/22/16

SNPRM Comment Period Reopened

12/05/16

81 FR 87493

SNPRM Comment Period End

01/06/17

Supplemental NPRM

01/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky, Building Technologies Office, 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-AD20

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Final Rule Stage

251. Energy Conservation Standards for Commercial Water Heating Equipment

E.O. 13771 Designation:

Regulatory.

Legal Authority:

42 U.S.C. 6313(a)(6)(C)(i) and (vi)

Abstract:

Once completed, this rulemaking will fulfill DOE's statutory obligation under EPCA to either propose amended energy conservation standards for commercial water heaters and hot water supply boilers, 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.

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

Final Action

01/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Catherine Rivest, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Buildings Technologies Office, EE-5B, Washington, DC 20585,

Phone:

202 586-7335,

Email: catherine.rivest@ee.doe.gov

.

RIN:

1904-AD34

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Long-Term Actions

252. Energy Conservation Standards for Commercial Packaged Boilers

E.O. 13771 Designation:

Other.

Legal Authority:

42 U.S.C. 6313(a)(6)(C); 42 U.S.C. 6311(11)(B)

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. DOE last updated the standards for commercial packaged boilers on July 22, 2009. DOE issued a NOPR pursuant to the 6-year-look-back requirement on March 24, 2016. Under EPCA, DOE has two years to issue a final rule after publication of the NOPR.

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 Extended

05/04/16

81 FR 26747

NPRM Comment Period Extended End

06/22/16

Next Action Undetermined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

James Raba,

Phone:

202 586-8654,

Email: jim.raba@ee.doe.gov

.

RIN:

1904-AD01

253. Modifying the Energy Conservation Program To Implement a Market-Based Approach

E.O. 13771 Designation:

Deregulatory.

Legal Authority:

42 U.S.C. 6291

Abstract:

The U.S. Department of Energy (DOE) is evaluating the potential use of some form of a market-based approach such as an averaging, trading, fee-base or other type of market-based policy mechanism for the U.S. Appliance and Equipment Energy Conservation Standards (ECS) program.

Timetable:

Action

Date

FR Cite

Request for Information (RFI)

11/28/17

82 FR 56181

RFI Comment Period Extended

02/23/18

83 FR 8016

RFI Comment Period Extended End

03/26/18

Next Action Undetermined

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

John Cymbalsky,

Phone:

202 287-1692,

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

RIN:

1904-AE11

[FR Doc. 2018-23894 Filed 11-15-18; 8:45 am]

BILLING CODE 6450-01-P