[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]


 ========================================================================
 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. 100 / Tuesday, May 24, 2022 / 
Proposed Rules  

[[Page 31435]]


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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