[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
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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. 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

[[Page 17748]]

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