# Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2022-00284

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** January 31, 2022
- **Citation:** 87 FR 5222

## Text

DEPARTMENT OF ENERGY
10 CFR Chs. II, III, and X
48 CFR Ch. 9
Fall 2021 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 the Energy Policy and Conservation Act of 1975, as amended, 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 2021 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.

Samuel Walsh,
General Counsel.

Energy Efficiency and Renewable Energy—Proposed Rule Stage

Sequence No.
Title

Regulation
Identifier No.

255
Energy Conservation Standards for General Service Lamps
1904-AD09

256
Energy Conservation Standards for Residential Conventional Cooking Products
1904-AD15

257
Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces
1904-AD20

258

Energy Conservation Standards for Commercial Water Heating-Equipment
(Reg Plan Seq No. 40)

1904-AD34

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.

259
Test Procedures for Dehumidifying Direct-Expansion Dedicated Outdoor Air Systems
1904-AE46

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Proposed Rule Stage

255. Energy Conservation Standards for General Service Lamps

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.

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

Final Rule; Withdrawal of Definition for GSL (Reported as 1904-AE26)
09/05/19
84 FR 46661

Final Rule; Withdrawal of Definition for GSL Effective
10/07/19

Supplemental NPRM
01/00/22

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 20585,
Phone:
202 287-1943,
Email: stephanie.johnson@ee.doe.gov.

RIN:
1904-AD09

256. Energy Conservation Standards for Residential Conventional Cooking Products

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. The U.S. Department of Energy (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

Notice of Proposed Determination and Request for Comment
12/14/20
85 FR 80982

Notice of Proposed Determination Comment Period End
03/01/21

Second SNPRM
06/00/22

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 20585,
Phone:
202 287-1943,
Email: stephanie.johnson@ee.doe.gov.

RIN:
1904-AD15

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

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 U.S. Department of Energy (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 pursuant to 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

Notice of NPRM Withdrawal
01/15/21
86 FR 3873

NPRM
03/00/22

Regulatory Flexibility Analysis Required:
Yes.

Agency Contact:
Julia Hegarty, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585,
Phone:
240 597-6737,
Email: julia.hegarty@ee.doe.gov.

RIN:
1904-AD20

258. Energy Conservation Standards for Commercial Water Heating-Equipment

Regulatory Plan:
This entry is Seq. No. 40 in part II of this issue of the
Federal Register
.

RIN:
1904-AD34

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Final Rule Stage

259. Test Procedures for Dehumidifying Direct-Expansion Dedicated Outdoor Air Systems

Legal Authority:
42 U.S.C. 6314(a)(4)

Abstract:
Consistent with the requirements under the Energy Policy and Conservation Act (EPCA), as amended, the U.S. Department of Energy (DOE) is seeking to establish a Federal test procedure for dehumidifying direct-expansion dedicated outdoor air systems (DDX-DOASes) under 10 CFR 431.96. For covered equipment addressed in the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 90.1, the DOE test procedure must be based upon

the generally accepted industry testing procedure referenced in that industry consensus standard (42 U.S.C. 6314(a)(4)(A)). The statute further requires that each time the referenced industry test procedure is updated, DOE must amend the Federal test procedure to be consistent with the amended industry test procedure, unless there is clear and convincing evidence that the update would not be representative of an average use cycle or would be unduly burdensome to conduct (42 U.S.C. 6314(a)(4)(B)). Independent of that test procedure review obligation, EPCA also includes a 7-year-lookback review provision for covered commercial and industrial equipment that requires DOE to conduct an evaluation of each class of covered equipment to determine whether amended test procedures would more accurately or fully comply with the requirements that the Federal test procedure be representative of an average use cycle and not be unduly burdensome to conduct (42 U.S.C. 6314(a)(1)). In this test procedure rulemaking for DDX-DOASes, DOE is acting under its authority at 42 U.S.C. 6314(a)(4), and accordingly, it will propose and adopt a new Federal test procedure for this equipment. (The NOPR for this rule was mistakenly published in the
Federal Register
as RIN 1904-AD93 on July 7, 2021).

Timetable:

Action
Date
FR Cite

Request for Information (RFI)
07/25/17
82 FR 34427

RFI Comment Period Ends
08/24/17

NPRM (Incorrectly Published as 1904-AD93)
07/07/21
86 FR 36018

NPRM Comment Period End
09/07/21

Final Rule
04/00/22

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-AE46

[FR Doc. 2022-00284 Filed 1-28-22; 8:45 am]
BILLING CODE 6450-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2022-00284. Public record. Not legal advice.
