[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Proposed Rules]
[Pages 43226-43227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15504]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2021-BT-STD-0027]
RIN 1904-AD34


Energy Conservation Program: Energy Conservation Standards for 
Commercial Water Heating Equipment; Reopening of Comment Period

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 May 19, 2022, the U.S. Department of Energy (DOE or the 
Department) published in the Federal Register a notice of proposed 
rulemaking and announcement of public meeting regarding energy 
conservation standards for commercial water heaters. DOE received three 
requests to extend the public comment period by 60 days. DOE has 
reviewed and denied these requests. But, considering the particular 
circumstances of DOE's denial of these petitions, the Department is 
reopening the public comment period to allow comments to be submitted 
until August 1, 2022.

DATES: The comment period for the notice of proposed rulemaking 
published in the Federal Register on May 19, 2022 (87 FR 30610) is 
reopened until August 1, 2022. Written comments, data, and information 
are requested and will be accepted on and before August 1, 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-STD-0027, 
by any of the following methods:
    (1) Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC, 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    (3) Email: to CommWater [email protected]. Include 
docket number EERE-2021-BT-STD-0027 in the subject line of the message.
    No telefacsimilies (``faxes'') will be accepted.
    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 pages can be found at: www.regulations.gov/docket/EERE-2021-BT-STD-0027. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, 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: 
(240) 597-6737. Email: [email protected].
    Mr. Matthew Ring, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC, 20585-
0121. Telephone: (202) 586-2555. 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: On May 19, 2022, DOE published in the 
Federal Register a notice of proposed rulemaking (``NOPR'') and 
announcement of public meeting regarding energy conservation standards 
for commercial water heaters. DOE stated it would accept written 
comments, data, and information on the proposal by July 18, 2022. 87 FR 
30610.
    On June 17, 2022, DOE received a joint comment from the American 
Public Gas Association (``APGA''), American Gas Association (``AGA''), 
Plumbing-Heating- Cooling Contractors--National Association

[[Page 43227]]

(``PHCC''), Air-Conditioning, Heating, & Refrigeration Institute 
(``AHRI''), Spire Inc., Spire Missouri Inc., and Spire Alabama Inc. 
(collectively, the ``Joint Commenters''), requesting a 60-day extension 
of the public comment period to allow more time to review the NOPR, the 
preliminary Technical Support Document (``TSD''), and the supportive 
material.\1\ On July 8, 2022, DOE also received a comment from Atmos 
Energy requesting a 60-day extension to allow for the collection and 
analysis of data from their service territories.\2\ Finally on July 11, 
2022, DOE also received a comment from Bradford White Corporation 
requesting a 60-day extension of the public comment period as DOE has 
produced a substantial number of rulemakings in the past few months, 
and additional time is needed to meaningfully respond to these 
actions.\3\
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    \1\ See https://www.regulations.gov/comment/EERE-2021-BT-STD-0027-0007.
    \2\ See https://www.regulations.gov/comment/EERE-2021-BT-STD-0027-0011.
    \3\ See https://www.regulations.gov/comment/EERE-2021-BT-STD-0027-0012.
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    In response, DOE notes its continued belief that a 60-day comment 
period is sufficient for most proposed rules.\4\ Generally, DOE will 
consider extending comment periods for good cause when the proposed 
rule is unusually complex or presents novel issues.\5\ Absent a showing 
of good cause, DOE will adhere to its default 60-day comment period. As 
DOE has explained, it is the Department's view that 60-days comment 
periods adequately balance the need for efficient rulemaking to meet 
statutory rulemaking deadlines with the public's interest in 
meaningfully participating in those rulemakings. In this case, DOE has 
reviewed these requests and determined that none of the petitioners 
have shown good cause to extend the 60-day comment period. However, 
given the timing of this notice, DOE is nevertheless reopening the 
comment period until August 1, 2022.
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    \4\ See Procedures, Interpretations, and Policies for 
Consideration in New or Revised Energy Conservation Standards and 
Test Procedures for Consumer Products and Commercial/Industrial 
Equipment, 86 FR 35668, 35674 (proposed July 7, 2021).
    \5\ Id. (``DOE may extend the comment period, as appropriate and 
on a case-by-case basis, commensurate with the nature and complexity 
of the energy conservation standard at issue.'')
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Signing Authority

    This document of the Department of Energy was signed on July 15, 
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 July 15, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-15504 Filed 7-19-22; 8:45 am]
BILLING CODE 6450-01-P