Fall 2019 Unified Agenda of Regulatory and Deregulatory Actions

DEPARTMENT OF ENERGY

10 CFR Chs. II, III, and X

48 CFR Ch. 9

Fall 2019 Unified Agenda of 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), 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 2019 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. 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.

Bill Cooper,

General Counsel.

Energy Efficiency and Renewable Energy—Proposed Rule Stage

Sequence No.

Title

Regulation

Identifier No.

224

Energy Conservation Standards for Residential Conventional Cooking Products

1904-AD15

225

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

1904-AD20

Energy Efficiency and Renewable Energy—Final Rule Stage

Sequence No.

Title

Regulation

Identifier No.

226

Energy Conservation Standards for General Service Lamps

1904-AD09

227

Energy Conservation Standards for Commercial Water Heating Equipment

1904-AD34

Energy Efficiency and Renewable Energy—Long-Term Actions

Sequence No.

Title

Regulation

Identifier No.

228

Energy Conservation Standards for Commercial Packaged Boilers

1904-AD01

229

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

224. Energy Conservation Standards for Residential Conventional Cooking Products

E.O. 13771 Designation:

Regulatory.

Legal Authority:

42 U.S.C. 6295(m)(1); 42 U.S.C. 6292 (a)(10); 42 U.S.C. 6295(h)

Abstract:

The Energy Policy and Conservation Act (EPCA), as amended by Energy Independence and Security Act of 2007 (EISA), requires the Secretary to determine whether updating the statutory energy conservation standards for residential conventional cooking products would yield a significant savings in energy use and is technologically feasible and economically justified. DOE is reviewing the current standards to make such determination.

Timetable:

Action

Date

FR Cite

Request for Information (RFI)

02/12/14

79 FR 8337

RFI Comment Period End

03/14/14

RFI Comment Period Extended

03/03/14

79 FR 11714

RFI Comment Period Extended End

04/14/14

NPRM and Public Meeting

06/10/15

80 FR 33030

NPRM Comment Period Extended

07/30/15

80 FR 45452

NPRM Comment Period Extended End

09/09/15

Supplemental NPRM

09/02/16

81 FR 60784

SNPRM Comment Period Extended

09/30/16

81 FR 67219

SNPRM Comment Period Extended End

11/02/16

Supplemental NPRM

12/00/19

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Stephanie Johnson, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building Technologies Office, EE5B, Washington, DC 20002,

Phone:

202 287-1943,

Email: stephanie.johnson@ee.doe.gov

.

RIN:

1904-AD15

225. 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, as amended, (EPCA) 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

02/00/20

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

226. Energy Conservation Standards for General Service Lamps

E.O. 13771 Designation:

Deregulatory.

Legal Authority:

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

Abstract:

The U.S. Department of Energy (DOE) 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 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

11/00/19

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

227. 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 the U.S. Department of Energy's (DOE) statutory obligation under the Energy Policy and Conservation Act, as amended, (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

02/00/20

Regulatory Flexibility Analysis Required:

Yes.

Agency Contact:

Catherine Rivest, General Engineer, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Building 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

228. 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:

The Energy Policy and Conservation Act (EPCA), as amended by the American Energy Manufacturing Technical Corrections Act (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 2 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:

Catherine Rivest,

Phone:

202 586-7335,

Email: catherine.rivest@ee.doe.gov

.

RIN:

1904-AD01

229. 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. 2019-26536 Filed 12-23-19; 8:45 am]

BILLING CODE 6450-01-P