# Unified Agenda of Federal Regulatory and Deregulatory Actions > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2024-16450 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** August 16, 2024 - **Citation:** 89 FR 66800 ## 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 2024 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. 59 Energy Conservation Standards for Circulator Pumps 1904-AD61 60 Energy Conservation Standards for Consumer Water Heaters 1904-AD91 61 Test Procedures for Air-Cooled, Evaporatively-Cooled, and Water-Cooled Commercial Package Air Conditioners and Heat Pumps 1904-AD93 62 Energy Conservation Standards for Distribution Transformers 1904-AE12 63 Energy Conservation Standards for Consumer Boilers 1904-AE82 64 Test Procedures for Evaporatively-Cooled Commercial Unitary Air Conditioners (ECUACs) and Water-Cooled Commercial Unitary Air Conditioners (WCUACs) 1904-AF45 Energy Efficiency and Renewable Energy—Completed Actions Sequence No. Title Regulation Identifier No. 65 Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas Furnaces 1904-AD20 66 Energy Conservation Standards for Consumer Clothes Washers 1904-AD98 67 Energy Conservation Standards for Miscellaneous Residential Refrigeration 1904-AF00 68 Energy Conservation Program: Energy Conservation Standards for General Service Lamps 1904-AF43 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Final Rule Stage 59. Energy Conservation Standards for Circulator Pumps [1904-AD61] Legal Authority: 42 U.S.C. 6311(1)(A); 42 U.S.C. 6316(a); 42 U.S.C. 6295(o) 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 circulator pumps. 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 significant energy savings. In the final rule, DOE adopted new energy conservation standards for circulator pumps. It has determined that the energy conservation standards for this equipment would result in significant conservation of energy, and are technologically feasible and economically justified. Timetable: Action Date FR Cite Notice of Intent to Start a Negotiated Rulemaking Working Group and Notice of Public Meeting 02/03/16 81 FR 5658 Notice of Working Group Public Meetings 03/16/16 81 FR 14024 Request for Information (RFI) 05/07/21 86 FR 24516 RFI Comment Period Extended 05/26/21 86 FR 28298 RFI Comment Period Extended End 07/30/21 NPRM 12/06/22 87 FR 74850 NPRM Comment Period End 02/06/23 Final Action 05/20/24 89 FR 44464 Final Action Effective 08/05/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jeremy Dommu, Building Technologies Office, EE-2J, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586-9870, Email: jeremy.dommu@ee.doe.gov. RIN: 1904-AD61 60. Energy Conservation Standards for Consumer Water Heaters [1904-AD91] Legal Authority: 42 U.S.C. 6295(m)(1) 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 consumer water heaters. 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 significant energy savings. In the final rule, DOE has adopted amended energy conservation standards for consumer water heaters, except for gas-fired instantaneous water heaters (GIWHs). DOE has determined that the new and amended energy conservation standards for these products would result in significant conservation of energy, and are technologically feasible and economically justified. DOE is still considering amended energy conservation standards for GIWHs and will continue to consider comments submitted previously to inform any decision on amended standards. Timetable: Action Date FR Cite Request for Information (RFI) 05/21/20 85 FR 30853 RFI Comment Period End 07/06/20 Notice of Webinar and Availability of Preliminary Technical Support Document 03/01/22 87 FR 11327 Public Meeting 04/12/22 Preliminary Technical Support Document Comment Period End 05/02/22 RFI Comment Period Reopened 05/04/22 87 FR 26303 RFI Comment Period Reopened End 05/16/22 NPRM 07/28/23 88 FR 49058 Public Meeting 09/13/23 NPRM Comment Period End 09/26/23 Supplemental NPRM 12/27/23 88 FR 89330 Supplemental NPRM Comment Period End 01/10/24 Final Action 05/06/24 89 FR 37778 Final Action Effective 07/05/24 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-AD91 61. Test Procedures for Air-Cooled, Evaporatively-Cooled, and Water-Cooled Commercial Package Air Conditioners and Heat Pumps [1904-AD93] Legal Authority: 42 U.S.C. 6314(a)(4)(B); 42 U.S.C. 6314(a)(1)(A) Abstract: The U.S. Department of Energy (DOE) has amended the Federal test procedures for air-cooled commercial package air conditioners and heat pumps with a rated cooling capacity greater than or equal to 65,000 Btu/h, evaporatively-cooled commercial package air conditioners, and water-cooled commercial package air conditioners to incorporate by reference the latest versions of the applicable industry test standards. In the final rule, DOE has amended the current test procedure for this equipment for measuring the current cooling and heating metrics—integrated energy efficiency ratio (IEER) and coefficient of performance (COP), respectively; and established a new test procedure for this equipment that adopts two new metrics—integrated ventilation, economizer, and cooling (IVEC) and integrated ventilation and heating efficiency (IVHE). Testing to the IVEC and IVHE metrics will not be required until such time as compliance is required with any amended energy conservation standard based on the new metrics. Additionally, DOE amended certain provisions of DOE's regulations related to representations and enforcement for the subject equipment. Timetable: Action Date FR Cite Request for Information (RFI) 07/25/17 82 FR 34427 RFI Comment Period End 08/24/17 Request for Information (RFI) 05/25/22 87 FR 31743 RFI Comment Period End 06/24/22 Working Group Notice of Open Meetings 09/01/22 87 FR 53699 NPRM 08/17/23 88 FR 56392 NPRM Comment Period End 10/16/23 Final Action 05/20/24 89 FR 43986 Final Action Effective 08/05/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lucas Adin, Project Manager, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Mail Stop EE-5B, Washington, DC 20585, Phone: 202 287-5904, Email: lucas.adin@ee.doe.gov. RIN: 1904-AD93 62. Energy Conservation Standards for Distribution Transformers [1904-AE12] Legal Authority: 42 U.S.C. 6295 (m)(1); 42 U.S.C. 6295(y); 42 U.S.C. 6316(a); 42 U.S.C. 6317(a) 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 distribution transformers. EPCA also requires the U.S. Department of Energy (DOE) to periodically review its existing standards to determine whether more stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In the final rule, DOE is adopting amended energy conservation standards for distribution transformers. DOE has determined that the amended energy conservation standards for distribution transformers 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) 06/18/19 84 FR 28239 RFI Comment Period End 08/02/19 Notice of Availability of Preliminary Technical Support Document 08/27/21 86 FR 48058 Preliminary Analysis Reopened 11/16/21 86 FR 63318 Preliminary Technical Support Document Comment End 12/10/21 NPRM 01/11/23 88 FR 1722 NPRM Comment Period Extended 02/22/23 88 FR 10856 NPRM Comment Period Extended End 03/27/23 Final Action 04/22/24 89 FR 29834 Final Action Effective 07/08/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Jeremy Dommu, Building Technologies Office, EE-2J, Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586-9870, Email: jeremy.dommu@ee.doe.gov. RIN: 1904-AE12 63. Energy Conservation Standards for Consumer Boilers [1904-AE82] Legal Authority: 42 U.S.C. 6295(m)(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 energy conservation standards in place for consumer boilers found at 10 CFR 430.32(e). As a result of this effort, DOE may propose and adopt more-stringent standards or issue a determination that no amendments to the current standards are required. 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. Once completed, this rulemaking will fulfill DOE's statutory obligation to either propose and adopt amended standards for this product or determine that the existing standards do not need to be amended. Timetable: Action Date FR Cite Request for Information (RFI); Early Assessment Review 03/25/21 86 FR 15804 RFI Comment Period End 04/26/21 RFI; Early Assessment Comment Period Extended 04/09/21 86 FR 18478 RFI; Early Assessment Comment Period Extended End 05/26/21 Notice of Webinar and Availability of Preliminary Technical Support Document 05/04/22 87 FR 26304 Preliminary Technical Support Document Comment Period End 07/05/22 NPRM 08/14/23 88 FR 55128 Notice of Public Meeting and Webinar 08/31/23 88 FR 60152 NPRM Comment Period End 10/13/23 Final Rule 12/00/24 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-AE82 64. Test Procedures for Evaporatively-Cooled Commercial Unitary Air Conditioners (ECUACS) and Water-Cooled Commercial Unitary Air Conditioners (WCUACS) [1904-AF45] Legal Authority: 42 U.S.C. 6314(a)(4)(B); 42 U.S.C. 6314(a)(1)(A) Abstract: The U.S. Department of Energy (DOE) has amended the Federal test procedures for air-cooled commercial package air conditioners and heat pumps with a rated cooling capacity greater than or equal to 65,000 Btu/h, evaporatively-cooled commercial package air conditioners, and water-cooled commercial package air conditioners to incorporate by reference the latest versions of the applicable industry test standards. In the final rule, DOE has amended the current test procedure for this equipment for measuring the current cooling and heating—metrics integrated energy efficiency ratio (IEER) and coefficient of performance (COP), respectively; and established a new test procedure for this equipment that adopts two new metrics—integrated ventilation, economizer, and cooling (IVEC) and integrated ventilation and heating efficiency (IVHE). Testing to the IVEC and IVHE metrics will not be required until such time as compliance is required with any amended energy conservation standard based on the new metrics. Additionally, DOE amended certain provisions of DOE's regulations related to representations and enforcement for the subject equipment. Timetable: Action Date FR Cite Request for Information (RFI) 07/25/17 82 FR 34427 RFI Comment Period End 08/24/17 Second RFI 05/25/22 87 FR 31743 Second RFI Comment Period End 06/24/22 NPRM 08/17/23 88 FR 56392 NPRM Comment Period End 10/16/23 Final Action 05/20/24 89 FR 43986 Final Rule Effective 08/05/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lucas Adin, Project Manager, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW, Mail Stop EE-5B, Washington, DC 20585, Phone: 202 287-5904, Email: lucas.adin@ee.doe.gov . RIN: 1904-AF45 DEPARTMENT OF ENERGY (DOE) Energy Efficiency and Renewable Energy (EE) Completed Actions 65. 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 proposed 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 proposed amended active mode annual fuel utilization efficiency (AFUE) standards at 95 percent for both NWGFs and MHGFs. It also proposed 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. In the final rule, DOE adopts the amended energy conservation standards for both NWGFs and MHGFs. DOE has determined that the amended energy conservation standards for the subject products would result in significant conservation of energy, and are technologically feasible and economically justified. In the final rule, DOE adopted the amended energy conservation standards for consumer furnaces, specifically nonweatherized gas furnaces and mobile home gas furnaces. The Department has determined that the amended energy conservation standards for the subject products would result in significant conservation of energy, and are technologically feasible and economically justified. Completed: Reason Date FR Cite Final Rule 12/18/23 88 FR 87502 Final Rule Effective 02/16/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Julia Hegarty, Phone: 240 597-6737, Email: julia.hegarty@ee.doe.gov. RIN: 1904-AD20 66. 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. Additionally, EPCA directs DOE to provide interested persons an opportunity to present oral and written comments on matters related to any energy conservation standard proposed rule. To satisfy this requirement, DOE held an initial public meeting in November 2021 to discuss preliminary materials and a second meeting in March 2023 to specifically discuss the proposed rule. DOE intends address any feedback provided during the March 2023 public meeting in subsequent materials. On September 25, 2023, the Association of Home Appliance Manufacturers and efficiency and consumer organizations and utilities, submitted a joint letter to DOE recommending new and amended efficiency standards for various home appliances for consideration including residential clothes washers. Under the authority provided in 42 U.S.C. 6295(p)(4), DOE is now pursuing this effort through a direct final rule, see 1904-AF58. Completed: Action Date FR Cite Withdrawn 01/16/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Bryan D. Berringer, Phone: 202 586-0371, Email: bryan.berringer@ee.doe.gov. RIN: 1904-AD98 67. 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. On September 25, 2023, the Association of Home Appliance Manufacturers and efficiency and consumer organizations and utilities, submitted a joint letter to DOE recommending new and amended efficiency standards for various home appliances for consideration, including miscellaneous refrigeration products. Under the authority provided in 42 U.S.C. 6295(p)(4), DOE is now pursuing this effort through a direct final rule, see 1904-AF62. Completed: Reason Date FR Cite Withdrawn 02/06/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Lucas Adin., Phone: 202 287-5904, Email: lucas.adin@ee.doe.gov. RIN: 1904-AF00 68. Energy Conservation Program: Energy Conservation Standards for General Service Lamps [1904-AF43] Legal Authority: 42 U.S.C. 6295(i)(6)(B); 42 U.S.C. 6295(m); 42 U.S.C. 6295(o); 42 U.S.C. 6295(p) Abstract: The Energy Policy and Conservation Act, as amended (EPCA), directs the U.S. Department of Energy (DOE) to initiate two rulemaking cycles for general service lamps (GSLs) that, among other requirements, determine whether standards in effect for GSLs should be amended. EPCA also requires DOE to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this final rule, DOE is adopting amended energy conservation standards for GSLs. DOE has determined that the amended energy conservation standards for these products would result in significant conservation of energy and are technologically feasible and economically justified. Completed: Reason Date FR Cite Final Action 04/19/24 89 FR 28856 Final Action Effective 07/03/24 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Bryan D. Berringer, Phone: 202 586-0371, Email: bryan.berringer@ee.doe.gov. RIN: 1904-AF43 [FR Doc. 2024-16450 Filed 8-15-24; 8:45 am] BILLING CODE 6450-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2024-16450. Public record. Not legal advice.