[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Proposed Rules]
[Pages 10211-10213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03058]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 /
Proposed Rules
[[Page 10211]]
DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
[EERE-2020-BT-STD-0004]
Energy Conservation Program: Procedures for Use in New or Revised
Energy Conservation Standards and Test Procedures for Consumer Products
and Commercial/Industrial Equipment; Prioritization Process
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information; request for comment concerning
prioritization of rulemakings.
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SUMMARY: The U.S. Department of Energy (DOE or the Department) is
initiating an effort to elicit information from stakeholders and the
interested public concerning the prioritization of rulemakings pursuant
to the Department's rulemaking methodology titled, ``Procedures,
Interpretations, and Policies for Consideration of New or Revised
Energy Conservation Standards and Test Procedures for Consumer Products
and Commercial/Industrial Equipment'' (Process Rule). DOE welcomes
written comments as well as the submission of data and other relevant
information.
DATES: Written comments and information are requested and will be
accepted on or before March 11, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at http://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2020-BT-
STD-0004, by any of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: to [email protected]. Include docket
number EERE-2020-BT-STD-0004 in the subject line of the message.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at http://www.regulations.gov. All documents in
the docket are listed in the http://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at: http://www.regulations.gov/docket?D=EERE-2020-BT-STD-0004. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-1692. Email:
[email protected].
Ms. Francine Pinto, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7432. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Background on the Process Rule
II. The Prioritization Process and Request for Comments
A. Description of How To Access the Fall 2019 Unified Agenda of
Regulatory and Deregulatory Actions
B. Request for Comments
III. Submission of Comments
I. Introduction
A. Authority
The Department of Energy's Process Rule was developed to guide
implementation of the Appliance Standards Program, which is conducted
pursuant to Title III, Part B \1\ of the Energy Policy and Conservation
Act, as amended (EPCA or the Act),\2\ Public Law 94-163 (42 U.S.C.
6291-6309, as codified), establishing the Energy Conservation Program
for Consumer Products Other Than Automobiles, which sets forth a
variety of provisions designed to improve energy efficiency. In
addition, Part C \3\ of EPCA, Public Law 94-163 (42 U.S.C. 6311-6317,
as codified), added by Public Law 95-619, Title IV, section 441(a),
established the Energy Conservation Program for Certain Industrial
Equipment, which again sets forth a variety of provisions designed to
improve energy efficiency.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42
U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy
conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6296; 42 U.S.C. 6316). The statute sets forth the criteria,
procedures and timeframes DOE must follow when establishing new or
amended energy conservation standards for covered products (and at
least certain types of equipment). The statute also sets forth the
criteria and procedures DOE must follow when prescribing or amending
test procedures for covered products.
[[Page 10212]]
B. Background on the Process Rule
On July 15, 1996, DOE published a final rule titled, ``Procedures,
Interpretations and Policies for Consideration of New or Revised Energy
Conservation Standards for Consumer Products.'' 61 FR 36974. This
document was codified at 10 CFR part 430, subpart C, appendix A, and
became known colloquially as the ``Process Rule.'' The Process Rule was
designed to provide guidance to stakeholders as to how DOE would
implement its rulemaking responsibilities under EPCA for the Appliance
Standards Program.
The Department published a revised Process Rule in the Federal
Register on February 14, 2020. 85 FR 8626. Section 4(b) of the Rule as
revised, includes an opportunity for stakeholders to provide input on
the prioritization of the Department's rulemakings as DOE prepares its
Spring Regulatory Agenda.
Pursuant to Executive Order 13990 of January 20, 2021 (E.O. 13990;
86 FR 7038, January 25, 2021), DOE was directed to consider
``suspending, revising or rescinding'' certain agency actions,
including DOE's Process Rule. (E.O. 13990, Sec. 2(iii)) As directed by
E.O. 13990, DOE is in the process of reconsidering the Process Rule but
has determined that such reconsideration is not inconsistent with the
Process Rule requirement in section 4(b) to seek early stakeholder
feedback.
II. The Prioritization Process and Request for Comments
The revised Process Rule provides that stakeholders will have the
opportunity to provide input on the prioritization of rulemakings as
DOE begins its preparation of the Spring Regulatory Agenda. If
stakeholders believe that the Department is pursuing a rule that should
not be prioritized as active, for example, the stakeholder comments
should reflect such an opinion and inform the Department as to how such
rule should be prioritized, if at all, with an explanation for the
stakeholder's recommendation. At the same time, if stakeholders believe
that DOE should act more quickly on a particular rulemaking, commenters
should make such a point with as much specificity as possible to
indicate a revised timeline with an explanation for the recommendation.
In addition, if stakeholders believe a rulemaking should be initiated
and prioritized that is not already underway, the Department would
welcome that feedback.
In making its recommendations, stakeholders can utilize the
regulatory text in the revised Process Rule, section 4, entitled,
Setting Priorities for Rulemaking Activity, that sets forth the factors
the Department considers in making its priority-setting decisions.\4\
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\4\ Section 4 reads as follows:
Setting Priorities for Rulemaking Activity
(a) In establishing its priorities for undertaking energy
conservation standards and test procedure rulemakings, DOE will
consider the following factors, consistent with applicable legal
obligations:
(1) Potential energy savings;
(2) Potential social and private, including environmental or
energy security, benefits;
(3) Applicable deadlines for rulemakings;
(4) Incremental DOE resources required to complete the
rulemaking process;
(5) Other relevant regulatory actions affecting the products/
equipment;
(6) Stakeholder recommendations;
(7) Evidence of energy efficiency gains in the market absent new
or revised standards;
(8) Status of required changes to test procedures; and
(9) Other relevant factors.
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A. Description of How To Access and Use the Fall 2020 Unified Agenda of
Regulatory and Deregulatory Actions
As noted in the revised Process Rule, DOE requests that
stakeholders use the previous year's Fall Unified Agenda of Regulatory
and Deregulatory Actions (in this case, the 2020 Fall Agenda) as the
common frame of reference for stakeholder comments. The 2020 Fall
Agenda shows the two basic categories of agency actions: (1) Active
rulemakings and (2) long-term actions.
How the rules are ultimately categorized (active versus long-term
actions) in the Unified Agenda depends upon the projection date DOE
enters into the Regulatory Information Service Center Office of
Management and Budget/Office of Information and Regulatory Affairs
Consolidated Information System (ROCIS) for the next action in each
timetable associated with a specific rule. Generally speaking, those
rules with a ``next action'' that is scheduled more than a year away
will be categorized as long-term actions; those rules having a ``next
action'' within a year are generally categorized as active rules.
The steps to access the active regulatory agenda actions/agency
rule list are as follows:
(1) Go to www.reginfo.gov.
(2) To access the active actions, go to the box titled,
``Unified Agenda and Regulatory Plan,'' and click on the line item
that is titled, ``The Fall Agenda was published on 12/09/2020.''
(3) Go to ``Fall 2020 Unified Agenda of Regulatory and
Deregulatory Actions Active Regulatory Actions Listed by Agency.''
(4) Go to ``Select Agency'' and in the drop-down menu select
``Department of Energy'' and click ``Submit.'' What will appear is
the Agency Rule list for DOE's portion of the 2020 Fall Agenda. This
is the list of all DOE active rulemakings. Rules of the Appliance
Standards Program will be included with those DOE rules designated
as ``DOE/EERE.'' This agency rule list shows the stage of each
rulemaking (i.e., pre-rule, notice of proposed rulemaking, or final
rule), the title of the rule, and the regulatory identifier number
(RIN). You will need to review the list for those rulemakings
specific to the Appliance Program.
Once stakeholders have accessed the list of DOE active rulemakings,
they can review the information about each rule, including the
timetable, that will be displayed. The timetable itself, which is most
critical to this priority-setting review, will list all the actions
already taken on that particular rule, as well as the next action DOE
is planning to take, along with a projected date for that action.
The steps to access the long-term actions information are as
follows:
(1) Go to www.reginfo.gov.
(2) To access the long-term actions, go to the box titled,
``Unified Agenda and Regulatory Plan,'' and click on the line item
that is titled, ``The Fall Agenda was published on 12/09/2020.''
(3) Click on the line item, ``Current Long Term Actions'' for a
list of such actions.
(4) Under the title ``Agenda Agency Regulatory Entries for Long-
Term Actions,'' go to ``Select Agency'' and in the drop-down menu
select ``Department of Energy'' and click ``Submit.'' What will
appear is the Agency Rule list for DOE's portion of the 2020 Fall
Agenda. This is the list of all DOE long-term actions. You will need
to review the list for those rulemakings specific to the Appliance
Program.
Once stakeholders have accessed the list of long-term actions, as
with the active rulemakings, stakeholders will find information
describing each rule, as well as the timetable for that rule.
B. Request for Comments
As noted previously, the Department is seeking information that
will shed light on how it should best prioritize and sequence its
rulemaking activities for the Department's Appliance Standards Program.
By this notice, and consistent with the revised Process Rule, DOE
requests that stakeholders and the interested public review the
timetables for all active and long-term appliance rules and comment
upon both the timing and categorization of these rules. The Department
is also interested in any other rulemaking activities that DOE should
initiate and prioritize in the upcoming Spring Agenda.
III. Submission of Comments
DOE invites all interested parties to submit in writing by March
11, 2021, comments and information on matters addressed in this notice
and on other
[[Page 10213]]
matters relevant to DOE's consideration of the priority-setting process
for all upcoming energy conservation standards and test procedure
rules. Such comments and information will aid in the development of the
rulemaking schedule that will next appear in DOE's Spring Regulatory
Agenda.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
http://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through http://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email. Comments and documents submitted via
email, also will be posted to http://www.regulations.gov. If you do not
want your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. No telefacsimiles (faxes) will
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. Submit these
documents via email. DOE will make its own determination about the
confidential status of the information and treat it according to its
determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. Interactions with and between members of the public provide
a balanced discussion of the issues and assist DOE in the process.
Anyone who wishes to be added to the DOE mailing list to receive future
notices and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on February 9,
2021, Kelly Speakes-Backman, Acting Assistant Secretary for Energy
Efficiency and Renewable Energy, pursuant to delegated authority from
the Acting Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on February 10, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-03058 Filed 2-18-21; 8:45 am]
BILLING CODE 6450-01-P