2019-26536. 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: [phone], Email: [e-mail].

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: [phone], Email: [e-mail].

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: [phone], Email: [e-mail].

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: [phone], Email: [e-mail].

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: [phone], Email: [e-mail].

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: [phone], Email: [e-mail].

RIN: 1904-AE11