[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Proposed Rules]
[Pages 11908-11913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03839]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2025-BT-DET-0002]
RIN 1904-AF70
Energy Conservation Program: Proposed Withdrawal of Determination
of Miscellaneous Gas Products as a Covered Consumer Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rule; proposed withdrawal of determination.
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SUMMARY: As part of its implementation of the Executive Order,
``Unleashing American Energy'' (Jan. 20, 2025), the U.S. Department of
Energy (``DOE'') is reviewing existing agency actions to ensure, among
other things, that all regulatory requirements related to energy are
grounded in clearly applicable law and that the American people's
freedom to choose from a variety of goods and appliances is not
restricted. As a result of this review, DOE is proposing to withdraw
its prior determination that miscellaneous gas products (``MGPs''),
which are comprised of decorative hearths and outdoor heaters, qualify
as covered products under Part A of Title III of the Energy Policy and
Conservation Act, as amended (``EPCA''). After further consideration of
the relevant statutory authority and available information, DOE is
proposing to withdraw its determination that MGPs are covered products
under EPCA for which DOE is authorized to establish test procedures and
energy conservation standards.
DATES: Written comments, data, and information are requested and will
be accepted on or before April 14, 2025.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2025-BT-DET-0002. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-DET-0002, by any of the
following methods:
(1) Email: MscGasProds2025DET [email protected]. Include the docket
number EERE-2025-BT-DET-0002 in the subject line of the message.
(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) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), 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/EERE-2025-BT-DET-0002. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section IV of this document for information on how to submit comments
through www.regulations.gov.
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:
(202) 287-1445. Email: ApplianceStandards [email protected].
Mr. Matthew Schneider, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-4798. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Statutory Authority
B. Background
II. General Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Information Quality
M. Review Under Additional Executive Orders and Presidential
Memoranda
IV. Public Participation
V. Approval of the Office of the Secretary
[[Page 11909]]
I. Introduction
The following section briefly discusses the statutory authority
underlying this notice of proposed withdrawal of determination, as well
as some of the relevant historical background related to the inclusion
of MGPs as covered equipment under the Energy Policy and Conservation
Act (``EPCA''), as amended.
A. Statutory Authority
EPCA \1\ authorizes DOE to regulate the energy efficiency of a
number of consumer products and certain industrial equipment. Title
III, Part B \2\ of EPCA established the Energy Conservation Program for
Consumer Products Other Than Automobiles, which sets forth a variety of
provisions designed to improve energy efficiency for certain consumer
products, referred to generally as ``covered products''.\3\ In addition
to specifying a list of consumer products that are covered products,
EPCA authorizes the Secretary of Energy to classify additional types of
consumer products as covered products. EPCA defines a ``consumer
product'' in relevant part as any article (other than an automobile) of
a type--(A) which in operation consumes, or is designed to consume,
energy; and (B) which, to any significant extent, is distributed in
commerce for personal use or consumption by individuals; without regard
to whether such article of such type is in fact distributed in commerce
for personal use or consumption by an individual.\4\ (42 U.S.C.
6291(a)(1)). For a given consumer product to be classified as a covered
product, the Secretary must determine that: classifying the product as
a covered product is necessary or appropriate to carry out the purposes
of this chapter; and the average annual per-household energy use by
products of such type is likely to exceed 100 kilowatt-hours (``kWh'')
(or its British thermal unit (``Btu'') equivalent) per year. (42 U.S.C.
6292(b)(1)).\5\
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\1\ 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).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A and is hereinafter referred to as
such.
\3\ The enumerated list of covered products is at 42 U.S.C.
6292(a)(1)-(19).
\4\ As such, in considering the potential scope of coverage, DOE
does not consider whether an individual product is distributed in
commerce for residential or commercial use, but whether it is of a
type of product distributed in commerce for residential use.
\5\ DOE has defined ``household'' to mean an entity consisting
of either an individual, a family, or a group of unrelated
individuals, who reside in a particular housing unit. For the
purpose of this definition:
Group quarters means living quarters that are occupied by an
institutional group of 10 or more unrelated persons, such as a
nursing home, military barracks, halfway house, college dormitory,
fraternity or sorority house, convent, shelter, jail or correctional
institution.
Housing unit means a house, an apartment, a group of rooms, or a
single room occupied as separate living quarters, but does not
include group quarters.
Separate living quarters means living quarters: (i) to which the
occupants have access either directly from outside of the building,
or through a common hall that is accessible to other living quarters
and that does not go through someone else's living quarters, and
(ii) occupied by one or more persons who live and eat separately
from occupant(s) of other living quarters, if any, in the same
building. 10 CFR 430.2.
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When deciding whether a consumer product should be classified as a
covered product, DOE must first determine whether these criteria from
42 U.S.C. 6292(b)(1) are met. Once a determination is made, the
Secretary may prescribe test procedures to measure the energy
efficiency or energy use of such product. (42 U.S.C. 6293(a)(1)(B)).
Furthermore, once a product is determined to be a covered product, the
Secretary may set standards for such product, subject to the provisions
in 42 U.S.C. 6295(o) and (p), provided that DOE determines that four
additional criteria at 42 U.S.C. 6295(l) have been met. Specifically,
42 U.S.C. 6295(l) requires the Secretary to determine that: the average
household energy use of the products has exceeded 150 kWh per household
for a 12-month period; the aggregate 12-month energy use of the
products has exceeded 4,200 gigawatt hours; substantial improvement in
energy efficiency of products of such type is technologically feasible;
and application of a labeling rule under 42 U.S.C. 6294 is unlikely to
be sufficient to induce manufacturers to produce, and consumers and
other persons to purchase, covered products of such type (or class)
that achieve the maximum energy efficiency that is technologically
feasible and economically justified. (42 U.S.C. 6295(l)(1)).
B. Background
On February 7, 2022, DOE published a notice of proposed
determination (``NOPD'') that proposed to determine coverage for MGPs,
which are comprised of decorative hearths and outdoor heaters. 87 FR
6786 (``February 2022 NOPD''). The rulemaking history of MGPs as well
as hearth products is discussed in the February 2022 NOPD. 87 FR 6786,
6787-6788.
After considering public comments, data, and information from
interested parties submitted on the February 2022 NOPD, DOE finalized
the coverage determination for MGPs. 87 FR 54330 (Sept. 6, 2022)
(``September 2022 Determination''). As part of the determination, DOE
adopted definitions of ``miscellaneous gas products,'' ``decorative
hearth product,'' and ``outdoor heater.'' \6\
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\6\ See 10 CFR 430.2.
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Concurrent with the determination process, DOE initiated an effort
to evaluate the potential for energy conservation standards for MGPs by
publishing a request for information. 87 FR 35925 (``June 2022 RFI'').
The June 2022 RFI solicited information from the public to help DOE
determine whether potential standards for miscellaneous gas products
would result in significant energy savings and whether such standards
would be technologically feasible and economically justified.
Subsequently on November 17, 2022, DOE published a notice of data
availability, presenting various data collected through the June 2022
RFI and seeking additional input from stakeholders before proceeding
with an energy conservation standards rulemaking. 87 FR 68931. To date,
DOE has not proposed energy conservation standards or test procedures
for MGPs.
II. General Discussion
Under EPCA, DOE may add consumer products to the list of covered
products for which energy conservation standards can be established.
See 42 U.S.C. 6292(a)(20). After coverage is determined, DOE may adopt
standards and test procedures regulating such products, pursuant to the
requirements set out in the statute. See generally, 42 U.S.C. 6293,
6295. The coverage determination procedures require DOE to conclude
that a type of consumer product should be a ``covered product,''
meaning that ``(1) classifying products of such type as covered
products is necessary or appropriate to carry out the purposes of this
chapter,'' and ``(2) average annual per-household energy use by
products of such type is likely to exceed 100 kilowatt-hours (or its
Btu equivalent) per year.'' Id. at 42 U.S.C. 6292(b).
Fundamental to a coverage determination is the identification of a
scope of coverage--i.e., determining which type or types of articles
comprise a covered product. See 42 U.S.C. 6292(b) (``The Secretary may
classify a type of consumer product as a covered product'') (emphasis
added). While requirements for establishing a scope of coverage are not
specified in EPCA, it is clear that the function of a consumer product
plays an essential role in determining which type or types of
[[Page 11910]]
articles comprise a covered product. Under 42 U.S.C. 6295(o)(5), for
example, DOE may set more than one energy conservation standard for
covered products that serve more than one major function by setting one
energy conservation standard for each major function. As a result,
energy conservation standards are inextricably tied to the major
function(s) of a covered product. For example, the major function of a
central air conditioner is to provide cooling, and the energy
conservation standard for central air conditioners, Seasonal Energy
Efficiency Ratio 2 (``SEER2''), is a measure of cooling efficiency.
Similarly, the energy conservation standard for consumer clothes
dryers, Combined Energy Factor (``CEF''), measures how many pounds of
clothes can be dried per kilowatt-hour of energy consumed, i.e., drying
efficiency. And, while a specific covered product or equipment category
can encompass a wide variety of products or equipment, e.g., commercial
refrigeration equipment, they all still share a major function, which
identifies that grouping of products or equipment as a distinct type. A
coverage determination must be premised on the finding that classifying
a type of consumer product as a covered product is necessary or
appropriate to carry out the purposes of EPCA. Far from necessary or
appropriate, grouping products that do not share any major functions as
a single type of covered product would run contrary to the purposes of
EPCA.
The September 2022 Determination was a departure from this
precedent. Miscellaneous gas products, as defined, encompass products
that are used primarily for both aesthetic or decorative purposes, and
products used primarily for heating. As noted above, in the September
2022 Determination, DOE defined ``miscellaneous gas products'' to
include both outdoor heaters and decorative hearth products. ``Outdoor
heater'' was further defined to mean a gas-fired appliance designed for
use in outdoor spaces only, and which is designed to provide heat
proximate to the unit. DOE defined ``decorative hearth product'' to
mean a gas-fired appliance that--
(1) Simulates a solid-fueled fireplace or presents a flame pattern;
(2) Includes products designed for indoor use, outdoor use, or
either indoor or outdoor use;
(3) Is not for use with a thermostat;
(4) For products designed for indoor use, is not designed to
provide space heating to the space in which it is installed; and
(5) For products designed for outdoor use, is not designed to
provide heat proximate to the unit. 10 CFR 430.2.
It is clear from these definitions that outdoor heaters and
decorative hearth products do not share any major functions that would
allow for these products to be grouped together and regulated as a
single type of consumer product. Indeed, in response to the February
2022 NOPD, DOE received several comments suggesting the scope of MGPs
was too broad and that decorative hearths and outdoor heaters should be
regulated separately. See 87 FR 54335-54336. In response to comments on
the February 2022 NOPD, DOE concluded that outdoor heaters and
decorative hearth products were ``similar enough in function and
operation that it is appropriate to group them together.'' Id. at 87 FR
54336.
DOE has reevaluated its September 2022 Determination for MGPs and
is now proposing to withdraw said determination as it tentatively
concludes that outdoor heaters and decorative hearth products are not
similar enough in function to be grouped together for the purposes of
establishing a new type of covered product. It is clear from the
definitions of ``outdoor heater'' and ``decorative hearth'' that these
products do not share any major functions. Outdoor heaters are
specifically designed to provide heat, while decorative hearth products
are not designed to provide space heating (indoor) or heating proximate
to the unit (outdoor). As a result, DOE has tentatively determined that
MGPs, as defined in the September 2022 Determination, are not a ``type
of consumer product'' for which DOE can establish coverage under 42
U.S.C. 6295(b)(1) and that as a result the coverage determination is
not necessary or appropriate to carry out the purposes of statute.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011),
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this proposed regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
and a final regulatory flexibility analysis (``FRFA'') for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by E.O. 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. 68 FR 7990. DOE
[[Page 11911]]
has made its procedures and policies available on the Office of the
General Counsel's website (www.energy.gov/gc/office-general-counsel).
DOE reviewed this proposed withdrawal of a determination under the
provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. This proposal does not
establish test procedures or standards for MGPs and if adopted, DOE
would no longer have the authority to consider adopting such measures.
Therefore, DOE initially concludes that the impacts of the proposed
determination would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of an
IRFA is not warranted. DOE will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed withdrawal of a determination, which proposed that
MGPs do not meet the criteria for a covered product for which the
Secretary may consider prescribing energy conservation standards
pursuant to 42 U.S.C. 6295(o) and (p), imposes no new information or
record-keeping requirements. Accordingly, the OMB clearance is not
required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
(``NEPA''), DOE is analyzing this proposed determination in accordance
with the National Environmental Policy Act (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings that are strictly procedural.
10 CFR part 1021, subpart D, appendix A6. DOE anticipates that this
rulemaking qualifies for categorical exclusion A6 because it is a
strictly procedural rulemaking and otherwise meets the requirements for
application of a categorical exclusion. See 10 CFR 1021.410. DOE will
complete its NEPA review before issuing the final determination.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed withdrawal of
a determination and has tentatively determined that it would not have a
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to
energy conservation for the products that are the subject of this
proposed determination. States can petition DOE for exemption from such
preemption to the extent, and based on criteria, set forth in EPCA. (42
U.S.C. 6297) Therefore, no further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation (1)
clearly specifies the preemptive effect, if any, (2) clearly specifies
any effect on existing Federal law or regulation, (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction, (4) specifies the retroactive effect, if any, (5)
adequately defines key terms, and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section 3(c) of E.O. 12988 requires Executive
agencies to review regulations in light of applicable standards in
section 3(a) and section 3(b) to determine whether they are met or it
is unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this proposed withdrawal of a determination meets the relevant
standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
DOE examined this proposed withdrawal of a determination according
to UMRA and its statement of policy and determined that the proposed
determination does not contain a Federal intergovernmental mandate, nor
is it expected to require expenditures of $100 million or more in any
one year by State, local, and Tribal governments, in the aggregate, or
by the private sector. As a result, the analytical requirements of UMRA
do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
[[Page 11912]]
Policymaking Assessment for any rule that may affect family well-being.
This proposed withdrawal of a determination would not have any impact
on the autonomy or integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this proposed withdrawal of a
determination would not result in any takings that might require
compensation under the Fifth Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at: www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed withdrawal of a determination under the OMB and
DOE guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy, or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use should the proposal be implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This proposed withdrawal of a determination, which does not amend
or establish energy conservation standards for MGPs, is not a
significant regulatory action under E.O. 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as such by the Administrator at
OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects.
L. Information Quality
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as ``scientific information
the agency reasonably can determine will have, or does have, a clear
and substantial impact on important public policies or private sector
decisions.'' 70 FR 2664, 2667.
In response to OMB's Bulletin, DOE conducted formal peer reviews of
the energy conservation standards development process and the analyses
that are typically used and prepared a report describing that peer
review.\7\ Generation of this report involved a rigorous, formal, and
documented evaluation using objective criteria and qualified and
independent reviewers to make a judgment as to the technical/
scientific/business merit, the actual or anticipated results, and the
productivity and management effectiveness of programs and/or projects.
Because available data, models, and technological understanding have
changed since 2007, DOE has engaged with the National Academy of
Sciences to review DOE's analytical methodologies to ascertain whether
modifications are needed to improve the Department's analyses. DOE is
in the process of evaluating the resulting report.\8\
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\7\ The 2007 ``Energy Conservation Standards Rulemaking Peer
Review Report'' is available at the following website: energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0 (last accessed July 1, 2022).
\8\ The report is available at www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards.
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M. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this proposed withdrawal of a determination and
has tentatively determined that it is consistent with the policies and
directives outlined in E.O. 14154 ``Unleashing American Energy,'' E.O.
14192, ``Unleashing Prosperity Through Deregulation,'' and Presidential
Memorandum, ``Delivering Emergency Price Relief for American Families
and Defeating the Cost-of-Living Crisis.''
IV. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notification of proposed determination no later than the date provided
in the DATES section at the beginning of this document. 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 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
[[Page 11913]]
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. With this instruction followed, 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 faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, 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, they should 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 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).
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments and
views of interested parties concerning the following issues:
Issue 1: DOE requests comment interested parties on whether
withdrawing the coverage determination miscellaneous gas products as a
covered product is consistent with the purposes of EPCA.
Issue 2: DOE seeks feedback from interested parties on the scope of
coverage previously adopted for miscellaneous gas products, which
included decorative hearth products and outdoor heaters, and whether
such products share any major functions that could be the basis for
establishing a new covered product encompassing both types of
equipment.
DOE is also interested in receiving views concerning other relevant
issues that participants believe would affect the tentative conclusions
presented in this document.
After the expiration of the period for submitting written
statements, DOE will consider all comments and additional information
that is obtained from interested parties or through further analyses,
and it may prepare a final withdrawal of the coverage determination for
MGPs.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this Notice of
proposed rule; proposed withdrawal of determination.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
and Small businesses.
Signing Authority
This document of the Department of Energy was signed on March 5,
2025, by Louis Hrkman, 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 March 6, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE proposes to amend
part 430 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, to read as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for Part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
* * * * *
0
2. Section 430.2 is amended by removing the following definitions:
``Decorative hearth product'', ``Miscellaneous gas products'', and
``Outdoor heater''.
[FR Doc. 2025-03839 Filed 3-12-25; 8:45 am]
BILLING CODE 6450-01-P