# Unified Agenda of Federal Regulatory and Deregulatory Actions > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-14543 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** July 27, 2023 - **Citation:** 88 FR 48544 ## 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: Semiannual 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 Policy and Conservation Act, 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 Spring 2023 Agenda can be accessed online by going to www.reginfo.gov. DOE's regulatory flexibility agenda is made up of rulemakings setting energy efficiency standards and requirements applicable to DOE sites. Samuel Walsh, General Counsel. Energy Efficiency and Renewable Energy—Final Rule Stage Sequence No. Title Regulation Identifier No. 60 Energy Conservation Standards for Residential Conventional Cooking Products 1904-AD15 61 Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces 1904-AD20 62 Energy Conservation Standards for Commercial Water Heating-Equipment 1904-AD34 63 Energy Conservation Standards for Consumer Clothes Washers 1904-AD98 64 Test Procedure for Consumer Water Heaters and Residential-Duty Commercial Water Heaters 1904-AE77 Energy Efficiency and Renewable Energy—Long-Term Actions Sequence No. Title Regulation Identifier No. 65 Energy Conservation Standards for Miscellaneous Residential Refrigeration 1904-AF00 Energy Efficiency and Renewable Energy—Completed Actions Sequence No. Title Regulation Identifier No. 66 Energy Conservation Program: Energy Conservation Standards for Manufactured Housing 1904-AF53 Departmental and Others—Final Rule Stage Sequence No. Title Regulation Identifier No. 67 Statutory Updates to the Advanced Technology Vehicles Manufacturing Incentive Program 1901-AB60 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Final Rule Stage 60. Energy Conservation Standards for Residential Conventional Cooking Products [1904-AD15] 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), prescribes energy conservation standards for various consumer products, including consumer conventional cooking products. EPCA also requires the U.S. Department of Energy (DOE) to periodically determine whether more stringent standards would be technologically feasible and economically justified and would result in a significant conservation of energy. In this rulemaking, DOE proposes new and amended energy conservation standards for consumer conventional cooking products and tentatively concludes that the proposed standards represent the maximum improvement in energy efficiency that is technologically feasible and economically justified, and would result in the significant conservation of energy. 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 (SNPRM) 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 Supplemental NPRM 02/01/23 88 FR 6818 Supplemental NPRM; Correction 02/28/23 88 FR 12603 Supplemental NPRM; Extension of Public Comment Period 03/30/23 88 FR 19122 Supplemental NPRM; Extension of Public Comment Period End 04/17/23 Notification of Data Availability (NODA) 02/28/23 88 FR 12603 NODA Comment Period End 04/03/23 Final Action 01/00/24 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 61. Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces [1904-AD20] 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 the residential furnaces which are the subject of this rulemaking. (42 U.S.C. 6292(a)(5)) 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 (42 U.S.C. 6295(o)(2)(A) and (3)(B)). EPCA specifically provides that DOE must conduct two rounds of energy conservation standards rulemakings for the residential furnaces at issue (42 U.S.C. 6295(f)(4)(B) and (C)), and the statute also requires that not later than six years after issuance of any final rule establishing or amending a standard, DOE must publish either a notice of determination that standards for the product does not need to be amended, or a notice of proposed rulemaking (NOPR) including new proposed energy conservation standards (42 U.S.C. 6295(m)(1)). This rulemaking is being undertaken pursuant to the statutorily-required second round of rulemaking for non-weatherized gas furnaces (NWGFs) and mobile home gas furnaces (MHGFs), and once completed, it will also satisfy the statutorily-required six-year-lookback review. In the July 7, 2022 NOPR, DOE proposes amended and new energy conservation standards for NWGFs and MHGFs pursuant to a court-ordered remand of DOE's 2011 rulemaking for these products and other statutory requirements. 87 FR 40590. Specifically, the NOPR proposes amended active mode annual fuel utilization efficiency (AFUE) standards at 95 percent for both NWGFs and MHGFs. It also proposes amended standby mode and off mode standards (in watts) at 8.5 watts for both NWGFs and MHGFs. If finalized, the proposed standards would apply to all NWGFs and MHGFs manufactured in, or imported into, the United States starting on the date five years after the publication of the final rule for this rulemaking. 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 07/07/22 87 FR 40590 NPRM Comment Period Extended, NODA and Notice of Public Meeting 08/30/22 87 FR 52861 NPRM Comment Period Extended End 10/06/22 Final Action 09/00/23 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 62. Energy Conservation Standards for Commercial Water Heating-Equipment [1904-AD34] Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi) Abstract: The U.S. Department of Energy (DOE) is undertaking a rulemaking to amend energy conservation standards for commercial water heaters. Once completed, this rulemaking will fulfill DOE's 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 (CWHs), 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. DOE proposed to amend the standards for certain classes of CWH equipment for which DOE has tentatively determined there is clear and convincing evidence to support more-stringent standards. Additionally, DOE has proposed to codify standards for electric instantaneous CWH equipment from EPCA into the Code of Federal Regulations. 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 Notice of NPRM Withdrawal 01/15/21 86 FR 3873 NPRM 05/19/22 87 FR 30610 NPRM Comment Period End 07/18/22 NPRM Comment Period Reopened 07/20/22 87 FR 43226 NPRM Comment Period Reopened End 08/01/22 Final Action 07/00/23 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-AD34 63. Energy Conservation Standards for Consumer Clothes Washers [1904-AD98] Legal Authority: 42 U.S.C. 6295(g); 42 U.S.C. 6295(m) Abstract: Consistent with the requirements under the Energy Policy and Conservation Act (EPCA), as amended, the U.S. Department of Energy (DOE) is examining whether to amend the current energy conservation standards for consumer clothes washers found at 10 CFR 430.32(g). To this end, DOE must determine whether standards more stringent than those currently in place would result in a significant amount of energy savings and whether such amended standards would be technologically feasible and economically justified. DOE has tentatively proposed standards that represent the maximum improvement in energy efficiency that is technologically feasible and economically justified, and would result in the significant conservation of energy. Specifically, with regards to technological feasibility, products achieving these standard levels are already commercially available for all product classes covered by this proposal. As for economic justification, DOE's analysis shows that the benefits of the proposed standard exceed the burdens. Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose amended standards for this product or determine that the standards do not need to be amended. Timetable: Action Date FR Cite Request for Information (RFI) 08/02/19 84 FR 37794 RFI Comment Period Extended 08/26/19 84 FR 44557 RFI Comment Period Extended End 10/03/19 RFI Comment Period Reopened 10/03/19 84 FR 52818 RFI Comment Period Reopened End 10/17/19 Preliminary Analysis and Notice of Webinar 09/29/21 86 FR 53886 Preliminary Analysis Comment Period Extended 10/29/21 86 FR 59889 Preliminary Analysis Comment Period Extended End 01/27/22 Notice of Data Availability (NODA) 04/13/22 87 FR 21816 NODA Comment Period End 05/13/22 NODA Comment Period Reopened 05/19/22 87 FR 30433 NODA Comment Period Reopened End 05/27/22 NPRM 03/03/23 88 FR 13520 NPRM Comment Period Extended 05/01/23 88 FR 26511 NPRM Comment Period Extended End 05/17/23 Final Action 12/00/23 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Bryan D. Berringer, Building Technologies Office, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586-0371, Email: bryan.berringer@ee.doe.gov . RIN: 1904-AD98 64. Test Procedure for Consumer Water Heaters and Residential-Duty Commercial Water Heaters [1904-AE77] Legal Authority: 42 U.S.C. 6293(b)(1)(A); 42 U.S.C. 6314(a)(1) Abstract: Consistent with the requirements under the Energy Policy and Conservation Act (EPCA), as amended, the U.S. Department of Energy (DOE) is examining whether to amend the current test procedure for consumer water heaters and certain commercial water heaters found at 10 CFR 430, subpart B, appendix E and 10 CFR 431.106. As a result of this effort, DOE may propose and amend the test procedures for this product/equipment, or issue a determination that no amendments to the current test procedures are required. Timetable: Action Date FR Cite Request for Information (RFI) 04/16/20 85 FR 21104 RFI Comment Period End 06/01/20 RFI Comment Period Reopened 06/10/20 85 FR 35382 RFI Comment Period Reopened End 06/24/20 NPRM 01/11/22 87 FR 1554 NPRM; Correction 01/19/22 87 FR 2731 NPRM Comment Period End 03/14/22 Supplemental NPRM 07/14/22 87 FR 42270 Supplemental NPRM Comment Period End 08/04/22 Final Action 06/00/23 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-AE77 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Long-Term Actions 65. Energy Conservation Standards for Miscellaneous Residential Refrigeration [1904-AF00] Legal Authority: 42 U.S.C. 6292(a)(20); 42 U.S.C. 6295(l); 42 U.S.C. 6295(m) Abstract: The U.S. Department of Energy (DOE) has initiated an effort to consider amending the energy conservation standards for miscellaneous residential refrigeration ( e.g., wine coolers and certain other combination consumer refrigeration products). Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose amended energy conservation standards for these products or determine that the existing standards do not need to be amended. To this end, DOE must determine whether national standards more stringent than those currently in place would result in a significant amount of energy savings and whether such amended national standards would be technologically feasible and economically justified. In the notice of proposed rulemaking, DOE proposed standards that represent the maximum improvement in energy efficiency that is technologically feasible and economically justified, and would result in the significant conservation of energy. Specifically, with regards to technological feasibility products achieving these standard levels are already commercially available for all product classes covered by this proposal. As for economic justification, DOE's analysis shows that the benefits of the proposed standard exceed, to a great extent, the burdens of the proposed standards. Timetable: Action Date FR Cite Request for Information (RFI); Early Assessment Review 12/08/20 85 FR 78964 Comment Period End 02/22/21 Notification of Webinar and Availability of Preliminary Technical Support Document 01/21/22 87 FR 3229 Notice of rescheduled public meeting to March 7, 2022 02/09/22 87 FR 7396 Preliminary Analysis Comment Period End 03/22/22 NPRM 03/31/23 88 FR 19382 NPRM Comment Period End 05/30/23 Final Rule 07/00/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Stephanie Johnson, Phone: 202 287-1943, Email: stephanie.johnson@ee.doe.gov . RIN: 1904-AF00 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Completed Actions 66. • Energy Conservation Program: Energy Conservation Standards for Manufactured Housing [1904-AF53] Legal Authority: 42 U.S.C. 17071 Abstract: The Department of Energy (DOE) is publishing a final rule to amend the compliance date for its manufactured housing energy conservation standards. Currently, manufacturers must comply with these standards on and after May 31, 2023. This final rule delays compliance until July 1, 2025, for Tier 2 homes, and until 60 days after issuance of enforcement procedures for Tier 1 homes. DOE is delaying the compliance date to allow DOE more time to establish enforcement procedures that provide clarity for manufacturers and other stakeholders regarding DOE's expectations of manufacturers and DOE's plans for enforcing the standards. The proposed rule was inadvertently published under the incorrect RIN 1904-AC11. Timetable: Action Date FR Cite NPRM 03/24/23 88 FR 17745 NPRM Comment Period End 04/24/23 Final Action 05/30/23 88 FR 34411 Final Action Effective 05/30/23 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Matthew Ring, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586-2555, Email: matthew.ring@hq.doe.gov . RIN: 1904-AF53 DEPARTMENT OF ENERGY (DOE) Departmental and Others (ENDEP) Final Rule Stage 67. • Statutory Updates to the Advanced Technology Vehicles Manufacturing Incentive Program [1901-AB60] Legal Authority: 42 U.S.C. 17013(d); 42 U.S.C. 17013(e) Abstract: The U.S. Department of Energy (DOE) Loan Programs Office (LPO) intends to issue a direct final rule to amend the regulations applicable to the Advanced Technology Vehicles Manufacturing (ATVM) Loan Program authorized by section 136 of the Energy Independence and Security Act of 2007, as amended (42 U.S.C. 17013) to allow parties to apply for direct loans in connection with certain categories projects made eligible for such loans by the Infrastructure Investment and Jobs Act of 2021 and the Inflation Reduction Act. Relatedly, LPO is also pursuing another rulemaking effort via 1901-AB55 to address additional changes for the ATVM Loan Program. Timetable: Action Date FR Cite Direct Final Rule 06/00/23 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rebecca Limmer, Chief Counsel, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586-1174, Email: rebecca.limmer@hq.doe.gov . RIN: 1901-AB60 [FR Doc. 2023-14543 Filed 7-26-23; 8:45 am] BILLING CODE 6450-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-14543. Public record. Not legal advice.