[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Proposed Rules]
[Pages 17745-17748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05873]
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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. 88, No. 57 / Friday, March 24, 2023 /
Proposed Rules
[[Page 17745]]
DEPARTMENT OF ENERGY
10 CFR Part 460
[EERE-2009-BT-BC-0021]
RIN 1904-AC11
Energy Conservation Program: Energy Conservation Standards for
Manufactured Housing; Extension of Compliance Date
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing a notice of
proposed rulemaking (NOPR) to amend the compliance date for its
manufactured housing energy conservation standards. Currently,
manufacturers must comply with these standards on and after May 31,
2023. DOE is proposing to delay this compliance date to allow DOE more
time to establish enforcement procedures that provides clarity for
manufacturers and other stakeholders.
DATES: DOE will accept comments, data, and information regarding the
NOPR received no later than April 24, 2023. See section IV, ``Public
Participation,'' for details.
ADDRESSES: The docket for this rulemaking, 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, not all
documents listed in the index may be publicly available, such as
information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket?D=EERE-2009-BT-BC-0021. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section IV for information on how to submit comments
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Matthew Ring, U.S. Department of
Energy, Office of the General Counsel (GC-33), 1000 Independence Avenue
SW, Washington, DC 20585; Telephone: (202) 586-2555; Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Need To Amend Compliance Date
III. Discussion of Proposal
IV. Public Participation
V. Approval of the Office of the Secretary
I. Background
The Energy Independence and Security Act of 2007 (``EISA,'' Pub. L.
110-140) directs the U.S. Department of Energy (``DOE'' or, in context,
``the Department'') to establish energy conservation standards for
manufactured housing (``MH'').\1\ (42 U.S.C. 17071) Manufactured homes
are constructed according to a code administered by the U.S. Department
of Housing and Urban Development (``HUD Code''). 24 CFR part 3280. See
also generally 42 U.S.C. 5401-5426. Structures, such as site-built and
modular homes, that are constructed to the state, local or regional
building codes are excluded from the coverage of the HUD Code.\2\
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\1\ The National Manufactured Housing Construction and Safety
Standards Act of 1974, as amended, defines ``manufactured home'' as
``a structure, transportable in one or more sections, which in the
traveling mode is 8 body feet or more in width or 40 body feet or
more in length or which when erected on-site is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing,
heating, air-conditioning, and electrical systems contained therein;
except that such term shall include any structure that meets all the
requirements of this paragraph except the size requirements and with
respect to which the manufacturer voluntarily files a certification
required by the Secretary [pursuant to 24 CFR 3282.13] and complies
with the standards established under this title [24 CFR part 3280];
and except that such term shall not include any self-propelled
recreational vehicle.'' 42 U.S.C. 5402(6).
\2\ See 42 U.S.C. 5403(f). See also 24 CFR 3282.12.
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EISA directs DOE to base its standards on the most recent version
of the International Energy Conservation Code (``IECC'') and any
supplements to that document, except in cases where DOE finds that the
IECC is not cost-effective or where a more stringent standard would be
more cost-effective, based on the impact of the IECC on the purchase
price of manufactured housing and on total life-cycle construction and
operating costs. (See 42 U.S.C. 17071(b)(1))
On June 17, 2016, DOE published in the Federal Register a notice of
proposed rulemaking (``NOPR''), including proposals recommended by the
negotiated rulemaking working group for manufactured housing. 81 FR
39756 (``June 2016 NOPR''). DOE received nearly 50 comments on the
proposed rule during the comment period. In addition, DOE also received
over 700 substantively similar form letters from individuals.
On August 3, 2018, DOE published a Notice of Data Availability
(``NODA''), stating it was examining possible alternatives to those
proposed in the June 2016 NOPR and seeking further input from the
public, including on first-time costs related to the purchase of these
homes. 83 FR 38073 (``August 2018 NODA''). Prior to the NODA, in
December of 2017, the Sierra Club filed a suit against DOE in the U.S.
District Court for the District of Columbia, alleging that DOE had
failed to meet its statutory deadline for establishing energy
efficiency standards for manufactured housing. Sierra Club v. Granholm,
No. 1:17-cv-02700-EGS (D.D.C. filed Dec. 18, 2017). In November 2019,
the court in the Sierra Club litigation entered a consent decree in
which DOE agreed to complete the rulemaking by stipulated dates.
After evaluating the comments received in response to the June 2016
NOPR and the August 2018 NODA, DOE published a supplemental NOPR
(``SNOPR'') on August 26, 2021, in which DOE proposed energy
conservation standards for manufactured homes based on the 2021 IECC.
86 FR 47744 (``August 2021 SNOPR''). DOE's primary proposal in the
August 2021 SNOPR was a ``tiered'' approach based on the 2021 IECC. The
``tiered'' approach identifies a subset of less stringent energy
conservation standards for certain manufactured homes (based on retail
list price) in light of the cost-effectiveness considerations required
by statute. DOE's alternate proposal was an ``untiered'' approach,
wherein energy conservation standards for all manufactured homes would
be
[[Page 17746]]
based on certain thermal envelope components and specifications of the
2021 IECC. Both proposals replaced the June 2016 NOPR proposal. Id. DOE
sought comment on these proposals, as well as alternate thresholds,
including a size-based threshold (e.g., square footage, number of
sections) and a region-based threshold, and alternative exterior wall
insulation requirements (R-21) for certain HUD zones. Id.
On October 26, 2021, DOE published a NODA regarding updated inputs
and results of the analyses presented in the August 2021 SNOPR (both
``tiered'' and ``untiered'' approaches), including a sensitivity
analysis regarding an alternative sized-based tier threshold and an
alternate exterior wall insulation requirement (R-21) for certain HUD
zones. 86 FR 59042 (``October 2021 NODA''). In addition, DOE reopened
the public comment period on the August 2021 SNOPR through November 26,
2021. DOE sought comments on the updated inputs and corresponding
analyses, encouraged stakeholders to provide additional data to inform
the analyses, and stated it might further revise the rulemaking
analysis based on new or updated information. Id.
On May 31, 2022, DOE published a final rule codifying the current
energy conservation standards for manufactured housing in a new part of
the Code of Federal Regulations (``CFR'') under 10 CFR part 460,
subparts A, B, and C (``May 2022 Final Rule''). 87 FR 32728. Subpart A
of 10 CFR part 460 presents generally the scope of the rule and
provides definitions of key terms. Subpart B established new
requirements for manufactured homes that relate to climate zones, the
building thermal envelope, air sealing, and installation of insulation,
based on certain provisions of the 2021 IECC. Subpart C established new
requirements based on the 2021 IECC related to duct sealing; heating,
ventilation, and air conditioning (``HVAC''); service hot water
systems; mechanical ventilation fan efficacy; and heating and cooling
equipment sizing.
Under the energy conservation standards, the stringency of the
requirements under subpart B are based on a tiered approach depending
on the number of sections of the manufactured home. Accordingly, two
sets of standards were established in subpart B (i.e., Tier 1 and Tier
2). Both Tier 1 and Tier 2 incorporate building thermal envelope
measures based on certain thermal envelope components subject to the
2021 IECC that DOE determined applicable and appropriate for
manufactured homes. Tier 1 applies these building thermal envelope
provisions to single-section manufactured homes, but only includes
components at stringencies that would increase the incremental purchase
price by less than $750 in order to address affordability concerns that
were raised by HUD and other stakeholders during the consultation and
rulemaking process. Tier 2 applies these same building thermal envelope
provisions to multi-section manufactured homes but at higher
stringencies specified for site-built homes in the 2021 IECC, with an
alternate exterior wall insulation requirement (R-21) for climate zones
2 and 3 based on consideration of the design and factory construction
techniques of manufactured homes, as presented in the August 2021 SNOPR
and October 2021 NODA. Manufacturers can comply with the building
thermal envelope requirements through a prescriptive pathway (e.g.,
using materials with specified ratings) or a performance pathway based
on overall thermal transmittance (Uo) performance. See 10 CFR
460.102(c). Further, the energy conservation standards for both tiers
also include duct and air sealing, insulation installation, HVAC and
service hot water system specifications, mechanical ventilation fan
efficacy, and heating and cooling equipment sizing provisions, based on
the 2021 IECC. DOE concluded that this approach is cost-effective based
on the expected total life-cycle cost (``LCC'') savings for the
lifetime of the home associated with implementation of the energy
conservation standards. See e.g., 87 FR 32742.
Relevant to this NOPR, in the May 2022 Final Rule, DOE adopted a
compliance date such that the standards would apply to manufactured
homes manufactured on or after one year after the publication date of
the final rule in the Federal Register, which is May 31, 2023. In doing
so, DOE noted its belief that many manufacturers already have
experience complying with efficiency requirements similar to what DOE
required in the May 2022 Final Rule based on manufacturers' previous
experience with HUD Uo requirements and ENERGY STAR Version 2
efficiency requirements for homes produced on or after June 1, 2020. 87
FR 32759. DOE did not address enforcement of the standards in the May
2022 Final Rule. Even so, manufacturers are able to comply with the
standards as they are. In fact, DOE noted that many of the requirements
in the standards would require minimal compliance efforts (e.g.,
documenting the use of materials subject to separate Federal or
industry standards, such as the R-value of insulation or U-factor
values for fenestration). 87 FR 32758, 32790. Nevertheless, DOE noted
in the May 2022 Final Rule that it may address compliance and
enforcement issues and procedures in a future agency action (See 87 FR
32757-32758), which is discussed further in sections II and III of this
document.
II. Need To Amend Compliance Date
DOE has not yet issued procedures for reviewing and enforcing
against noncompliance with the manufactured housing energy conservation
standards in 10 CFR part 460. While manufacturers are capable of
complying with the DOE standards as they are with minimal efforts, DOE
nevertheless recognizes that enforcement procedures would help provide
clarity to manufacturers that are new to DOE's regulatory program.
Accordingly, DOE will establish enforcement procedures in the
coming months. This will provide clarity to manufacturers and consumers
regarding DOE's means of enforcing the standards and how DOE will
evaluate compliance. A delay of the current May 31, 2023, compliance
date is therefore necessary to ensure that DOE can receive and
incorporate meaningful stakeholder feedback into its enforcement
procedures prior to the Rule's compliance date.
III. Discussion of Proposal
In this NOPR, DOE is proposing, under its authority to establish
energy conservation standards for manufactured housing (42 U.S.C.
17071), to extend the compliance date for the manufactured housing
energy conservation standards in 10 CFR part 460 until DOE's
forthcoming enforcement procedures take effect. More specifically, DOE
is proposing to require compliance with the Tier 1 standards 60 days
after publication of its final enforcement procedures, and compliance
with the Tier 2 standards 180 days after publication of its final
enforcement procedures. With respect to the requirements of subpart C
of part 460, DOE would similarly expect compliance with those
provisions 60 days after publication of its final enforcement
procedures for Tier 1 homes, and 180 days after publication of its
final enforcement procedures for Tier 2 homes. DOE believes enforcement
procedures will provide additional clarity to manufacturers and
consumers regarding DOE's expectations of manufacturers and DOE's plans
for enforcing the standards. Delaying the compliance date until after
the enforcement procedures are effective will provide manufacturers
time to
[[Page 17747]]
understand DOE's enforcement procedures and prepare their operations to
ensure compliance with DOE's standards. DOE acknowledges that some of
the consumer benefits (e.g., cost savings) provided by DOE's standards
will not be realized during the delay period. However, these benefits
may not be fully realized if manufacturers lack clarity on how best to
comply with DOE's standards or what to expect from DOE's enforcement of
such standards. DOE believes that the absence of a clear, workable
enforcement framework for manufacturers jeopardizes the full
realization of the consumer benefits that will result from full
implementation of the standards. This temporary delay is necessary to
ensure the realization of the consumer benefits of DOE's standards.
Accordingly, DOE proposes to delay the May 31, 2023, compliance date
for the standards of 10 CFR part 460 until 60 days after DOE's
publication of its final enforcement procedures for the Tier 1
standards, and 180 days after DOE's publication of its final
enforcement procedures for the Tier 2 standards.
IV. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
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 itself 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. Otherwise, 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 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, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, 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).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking.
List of Subjects in 10 CFR Part 460
Administrative practice and procedure, Buildings and facilities,
Energy conservation, Housing standards, Reporting and recordkeeping
requirements.
Signing Authority
This document of the Department of Energy was signed on March 16,
2023, by Francisco Alejandro Moreno, Acting 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 March 17, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
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part 460 of chapter II of title 10, Code of Federal Regulations as set
forth below:
PART 460--ENERGY CONSERVATION STANDARDS FOR MANUFACTURED HOMES
0
1. The authority citation for part 460 continues to read as follows:
Authority: 42 U.S.C. 17071; 42 U.S.C. 7101 et. seq.
0
2. Revise Sec. 460.1 to read as follows:
Sec. 460.1 Scope.
This subpart establishes energy conservation standards for
manufactured homes as manufactured at the factory, prior to
distribution in commerce for sale or installation in the field. A
manufactured home subject to the requirements of Sec. 460.4(b) that is
manufactured on or after [date 60 days after the publication of the
final rule] must comply with all applicable requirements of this part.
A manufactured home subject to the requirements of Sec. 460.4(c) that
is manufactured on or after [date 180 days after the publication of the
final rule] must comply with all applicable requirements of this part.
[FR Doc. 2023-05873 Filed 3-23-23; 8:45 am]
BILLING CODE 6450-01-P