[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Proposed Rules]
[Pages 2559-2561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00725]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 87, No. 11 / Tuesday, January 18, 2022 / 
Proposed Rules  

[[Page 2559]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2021-BT-TP-0023]
RIN 1904-AF18


Energy Conservation Program: Test Procedures for Cooking 
Products; Extension of Comment Period

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and notification of data 
availability; extension of public comment period.

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SUMMARY: The U.S. Department of Energy (``DOE'') is extending the 
public comment period for the notice of proposed rulemaking (``NOPR'') 
that DOE published on November 4, 2021, regarding a proposal for a new 
test procedure for conventional cooking tops, a category of cooking 
products, that would replace the procedure that DOE withdrew on August 
18, 2020. DOE is also extending the public comment period for a 
notification of data availability (``NODA'') that DOE published on 
December 16, 2021, regarding the results of DOE's recently completed 
test program assessing the repeatability and reproducibility of the 
proposed test procedure.

DATES: The comment period for the NOPR which published on November 4, 
2021 (86 FR 60974) and the NODA which published on December 16, 2021 
(86 FR 71406), is extended by 30 days. DOE will accept comments, data, 
and information regarding this NOPR and the test results no later than 
February 17, 2022.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2021-BT-TP-0023, 
by any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: Cooking [email protected]. Include the docket 
number EERE-2021-BT-TP-0023 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section II of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus (``COVID-19'') pandemic. DOE is currently 
accepting only electronic submissions at this time. If a commenter 
finds that this change poses an undue hardship, please contact 
Appliance Standards Program staff at (202) 586-1445 to discuss the need 
for alternative arrangements. Once the COVID-19 pandemic health 
emergency is resolved, DOE anticipates resuming all of its regular 
options for public comment submission, including postal mail and hand 
delivery/courier.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the 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 www.regulations.gov/docket/EERE-2021-BT-TP-0023. The docket web page contains instructions on how 
to access all documents, including public comments in the docket. See 
section II of this document for information on how to submit comments 
through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, 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) 287-1943. Email: [email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-6122. 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. Background
II. Extension of Comment Period

I. Background

    On August 18, 2020, DOE published a final rule (``August 2020 Final 
Rule'') withdrawing the then-current test procedure for conventional 
cooking tops. 85 FR 50757. DOE initiated the rulemaking for the August 
2020 Final Rule in response to a petition for rulemaking submitted by 
the Association of Home Appliance Manufacturers (``AHAM''), in which 
AHAM asserted that the then-current test procedure for gas cooking tops 
was not representative, and, for both gas and electric cooking tops, 
had such a high level of variation that it did not produce accurate 
results for certification and enforcement purposes and did not assist 
consumers in making purchasing decisions based on energy efficiency 
(``AHAM petition''). 85 FR 50757, 50760; see also 80 FR 17944 (Apr. 25, 
2018).
    In January 2020, DOE initiated a round robin test program to 
further investigate the water-heating approach used in the withdrawn 
test procedure and the issues raised in the AHAM petition. Testing was 
conducted according to the cooking top test procedure, as published in 
a final rule on December 16, 2016, that was withdrawn in the August 
2020 Final Rule.
    DOE published a NOPR on November 4, 2021 (``November 2021 NOPR'') 
in which it presented results from the initial round robin test 
procedure and proposed to re-establish a test procedure for 
conventional cooking tops. 86 FR

[[Page 2560]]

60974. The proposed test procedure would adopt the latest version of 
the relevant industry standard with modifications to adapt the test 
method to gas cooking tops, offer an optional method for burden 
reduction, normalize the energy use of each test cycle, include 
measurement of standby mode and off mode energy use, update certain 
test conditions, and provide certain clarifying language. Id.
    In addition, following the August 2020 Final Rule, DOE initiated a 
second round robin test program in May 2021 in response to changes to 
electric cooking tops on the market and to evaluate potential 
variability in testing gas cooking tops. This second round robin test 
program followed the test procedure as proposed in the November 2021 
NOPR. Because this second round robin testing program was ongoing at 
the time of the November 2021 NOPR, DOE published a NODA on December 
16, 2021 (``December 2021 NODA''), presenting the results of the second 
round robin test program, and extended the public comment period for 
the November 2021 NOPR to receive comment, data, and information 
regarding both the proposals in the November 2021 NOPR and the results 
presented in the December 2021 NODA. 86 FR 71406.

II. Extension of Comment Period

    Comments on the November 2021 NOPR were originally due on January 
3, 2022. In light of the results presented in the December 2021 NODA, 
DOE determined that it was appropriate to extend the comment period on 
the November 2021 NOPR until January 18, 2022, to allow additional time 
for interested parties to prepare and submit comments on the November 
2021 NOPR and the December 2021 NODA. 86 FR 71406. On December 22, 
2021, DOE received a comment from AHAM requesting that DOE extend the 
comment period for the November 2021 NOPR and the December 2021 NODA 
until March 31, 2022.\1\
---------------------------------------------------------------------------

    \1\ DOE has posted this comment to the docket at 
www.regulations.gov/comment/EERE-2021-BT-TP-0023-0007.
---------------------------------------------------------------------------

    AHAM stated that it was in the process of conducting its own 
testing at two third-party laboratories in order to assess possible 
cooking top test modifications, and that it expected to complete this 
testing, including analysis of data, by March 11, 2022. Furthermore, 
AHAM expected that analysis of the results of the testing would be 
completed by the AHAM cooking top test procedure development task force 
(``AHAM Task Force'') \2\ and written comments prepared for submittal 
to DOE by March 31, 2022. (AHAM, No. 7 at p. 2) \3\ In addition, AHAM 
asserted that it needed additional time to comment on the proposals in 
the November 2021 NOPR, in light of the data presented in the December 
2021 NODA, to ensure a defensible test procedure. Id.
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    \2\ The AHAM Task Force comprises AHAM representatives, member 
manufacturers, efficiency advocates, DOE, and DOE contractors. DOE 
participation in the AHAM Task Force began in February 2021.
    \3\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for cooking products. (Docket No. EERE-2021-BT-TP-
0023, which is maintained at www.regulations.gov/#!docketDetail;D=EERE-2021-BT-TP-0023). The references are arranged 
as follows: (commenter name, comment docket ID number, page of that 
document).
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    In requesting the extension of the comment period until March 31, 
2022, AHAM also referenced vacation schedules of its members at the end 
of the year and the open comment periods for the test procedures for 
clothes washers and consumer refrigerators, products manufactured by 
certain of AHAM's members that also manufacture conventional cooking 
tops. (AHAM, No. 7 at p. 2)
    DOE notes that it has engaged with the AHAM Task Force since 
February 2021, and in this context has provided to all participating 
members of the task force results of DOE's testing, on an ongoing basis 
to help inform the development of AHAM's cooking top test procedures. 
In doing so, DOE has provided significant input and recommendations 
consistent with the proposals in the November 2021 NOPR to aid in the 
alignment of AHAM's test procedures under development and a potential 
future DOE cooking top test procedure. Throughout the course of 
numerous AHAM Task Force meetings, members have provided feedback on 
the methodology.
    In consideration of its significant engagement with the AHAM Task 
Force, including ongoing presentation of DOE's testing results to the 
task force members, DOE has reviewed AHAM's request for a further 
extension of the comment period for the November 2021 NOPR and December 
2021 NODA, and considered the benefit to stakeholders in providing 
additional time to review the NOPR and NODA and gather information/data 
that DOE is seeking. Accordingly, DOE has determined that such an 
extension of the comment period is appropriate and is hereby extending 
the comment period for the November 2021 NOPR and December 2021 NODA, 
and will accept comments, data, and information on and before February 
17, 2022. DOE specifically encourages AHAM to submit data and results 
of its testing program so that these may be made available to 
interested parties in the docket for this rulemaking.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require 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 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 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 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 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

[[Page 2561]]

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 on 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 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. 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).

Signing Authority

    This document of the Department of Energy was signed on January 9, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the 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 January 11, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-00725 Filed 1-14-22; 8:45 am]
BILLING CODE 6450-01-P