[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Proposed Rules]
[Pages 31435-31436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11056]
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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. 87, No. 100 / Tuesday, May 24, 2022 /
Proposed Rules
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2021-BT-TP-0030]
RIN 1904-AF29
Energy Conservation Program: Test Procedure for Central Air
Conditioners and Heat Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking; reopening of public comment
period.
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SUMMARY: On March 24, 2022, the U.S. Department of Energy (``DOE'')
published in the Federal Register a notice of proposed rulemaking
(``NOPR'') to amend test procedure for central air conditioners and
heat pumps, with a deadline for submitting comments of May 23, 2022.
Since publication of the proposed rule, DOE has received two requests
to extend the comment period. DOE has reviewed these requests and is
reopening the comment period until June 6, 2022.
DATES: The comment period for the NOPR published in the Federal
Register on March 24, 2022 (87 FR 16830) is reopened until June 6,
2022. Written comments, data, and information are requested and will be
accepted on and before June 6, 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-0030,
by any of the following methods:
(1) Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
(2) Email: [email protected]. Include the
docket number EERE- 2021-BT-TP-0030 regulatory information number
(``RIN'') 1904-AF29 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted.
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 COVID-19 pandemic. DOE is currently suspending receipt of
public comments via postal mail and hand delivery/courier. 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, 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-0030. The docket web page will contain simple
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, 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) 586-9870. Email: [email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-9496. Email: [email protected].
SUPPLEMENTARY INFORMATION: DOE published a NOPR in the Federal Register
on March 24, 2022, proposing amendments to the DOE test procedures for
central air conditioners and heat pumps at Title 10 of the Code of
Federal Regulations (``CFR''), part 430, subpart B, appendices M
(``appendix M'') and M1 (``appendix M1''). In that NOPR, DOE stated it
would receive written comments, data, and information on the proposal
by May 23, 2022. 87 FR 16830.
On May 6, 2022, DOE received separate written comments from
National Comfort Products (NCP) and The American Heating,
Refrigeration, and Air Conditioning Institute (AHRI) requesting an
extension of the comment period. In their comment, NCP requested a 45-
day extension of the comment period, citing their need for additional
time to address specific impacts of the proposed rule on their company.
AHRI stated its support for NCP's extension request, also indicating
that the originally provided comment period ``deviates from the Process
Rule's 75-day comment period'' and that the original comment deadline
conflicts with several other rulemakings affecting AHRI members.\1\
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\1\ DOE understands AHRI's reference to the ``Process Rule'' to
mean the regulatory provisions entitled ``Procedures,
Interpretations, and Policies for Consideration of New or Revised
Energy Conservation Standards and Test Procedures for Consumer
Products and Certain Commercial/Industrial Equipment,'' found at
appendix A to subpart C of 10 CFR part 430.
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DOE has reviewed these requests, and is reopening the comment
period to allow additional time for interested parties to submit
comments. In light of the potentially more significant impacts of
certain provisions of the proposal on NCP, and the coincidental
rulemaking activity cited by AHRI, DOE believes that additional time is
warranted, and that reopening the comment period until June 6, 2022, is
sufficient. In determining the appropriate extension, DOE notes that
the Energy Policy and Conservation Act, as amended (``EPCA''),\2\
specifically requires that the comment period for a proposed test
procedure shall be not less than 60-day, and may be extended for good
cause to be not more than 270 days (42 U.S.C. 6293(b)(2)). DOE also
clarifies that, contrary to AHRI's assertion, the Process Rule (10 CFR
part 430, subpart C, appendix A) does not provide a minimum comment
period for test procedure proposed rules. Therefore,
[[Page 31436]]
DOE is reopening the comment period until June 6, 2022.
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\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).
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Signing Authority
This document of the Department of Energy was signed on May 18,
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 May 18, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-11056 Filed 5-23-22; 8:45 am]
BILLING CODE 6450-01-P