[Federal Register Volume 90, Number 78 (Thursday, April 24, 2025)]
[Proposed Rules]
[Pages 17230-17233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07099]
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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. 90, No. 78 / Thursday, April 24, 2025 /
Proposed Rules
[[Page 17230]]
DEPARTMENT OF ENERGY
10 CFR Part 460
[EERE-2009-BT-BC-0021]
RIN 1904-AF73
Energy Conservation Program: Energy Conservation Standards for
Manufactured Housing
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking; request for comments.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing a notice of
proposed rulemaking to amend the compliance date for its manufactured
housing energy conservation standards. Currently, manufacturers must
comply with these standards on and after July 1, 2025, for Tier 2 homes
and 60 days after the issuance of enforcement procedures for Tier 1
homes. DOE is proposing to delay the Tier 2 compliance date to allow
DOE more time to consider the proposed enforcement procedures and
comments submitted, and to evaluate appropriate next steps that provide
clarity for manufacturers and other stakeholders.
DATES: DOE will accept comments, data, and information regarding the
NOPR received no later than May 27, 2025. See section IV, ``Public
Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2009-BT-BC-0021. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2009-BT-BC-0021, by any of the
following methods:
(1) Email: [email protected].
(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 IV of this document.
Docket: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts (if one
is held), comments, and other supporting documents and 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-2009-BT-BC-0021. The docket web page contains instructions on how
to access all documents, including public comments, in the docket, as
well as a summary of the rulemaking. See section, ``Public
Participation,'' for further information on how to submit comments
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
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].
Mr. Jeremy Williams, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Telephone: (202) 441-1288. 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:
Table of Contents
I. Background
II. Need To Amend Compliance Date
III. Discussion of Proposal
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 14192, 14154
V. Public Participation
VI. 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''). (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 state, local, or regional
building codes are excluded from the coverage of the HUD Code.
The rulemaking history of the MH energy conservation standards is
discussed in the final rule DOE adopted on May 31, 2022 (``May 2022
Final Rule''). 87 FR 32728. In that rule, DOE adopted 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. Subpart A of 10 CFR part 460 presents generally the scope
of the rule and provides definitions of key terms. Subpart B
establishes 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
International Energy Conservation Code (``2021 IECC''). Subpart C
establishes new requirements based on the 2021 IECC related to duct
sealing; heating, ventilation, and air
[[Page 17231]]
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 are 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. 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). 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.
In the May 2022 Final Rule, DOE adopted a compliance date such that
the standards would apply to manufactured homes that are manufactured
on or after one year following 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
specify its approach for enforcement of the standards in the May 2022
Final Rule and stated that manufacturers would be able to comply with
the standards as they were issued. DOE posited 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).
On March 24, 2023, DOE published in the Federal Register a Notice
of Proposed Rulemaking (NOPR) proposing to amend the compliance date
for the manufactured housing energy conservation standards (88 FR
17745, ``March 2023 NOPR''). In that NOPR, DOE described the need to
amend the compliance date for the manufactured housing standards,
noting that it had not yet issued procedures for investigating and
enforcing against noncompliance with the standards, and that a delay
was necessary to ensure that DOE could receive and incorporate
meaningful stakeholder feedback into its enforcement procedures prior
to part 460's compliance date. Accordingly, DOE proposed to require
compliance with the Tier 1 standards beginning 60 days after
publication of its final enforcement procedures, and compliance with
the Tier 2 standards beginning 180 days after publication of its final
enforcement procedures. Similarly, DOE proposed to require Tier 1 homes
to comply with the requirements of subpart C of 10 CFR part 460
beginning 60 days after publication of its final enforcement
procedures, and Tier 2 homes to comply with those requirements
beginning 180 days after publication of its final enforcement
procedures. 88 FR 17746.
In a final rule published on May 30, 2023, DOE amended the
compliance date for 10 CFR part 460 consistent with its proposed
compliance date in the NOPR for Tier 1 (i.e., 60 days after issuance of
DOE's enforcement procedures for part 460). However, for Tier 2, DOE
amended the compliance date to July 1, 2025. After consideration of
comments received in response to the March 2023 NOPR, DOE determined
that amending the compliance date to July 1, 2025, for Tier 2 homes
would provide greater certainty for manufacturers versus an
indeterminate date. DOE published a NOPR on December 26, 2023,
proposing enforcement procedures for manufactured homes (88 FR 88844,
``December 2023 Enforcement NOPR''). DOE is continuing to consider the
proposed enforcement procedures and comments submitted, and has not yet
published a final rule establishing enforcement procedures.
II. Need To Amend Compliance Date
In the March 2023 NOPR and subsequently-adopted final rule, DOE
recognized that additional lead time for MH manufacturers to comply
with the energy conservation standards until after the issuance of
enforcement procedures was appropriate, particularly for Tier 2 homes.
Indeed, consistent with this approach, and as previously noted, DOE
initially proposed in the March 2023 NOPR providing a staggered
conditional compliance date--for Tier 1 homes, 60 days after
publication of its final enforcement procedures, and for Tier 2 homes,
180 days after publication of its final enforcement procedures. 88 FR
17746. While DOE continues to consider the proposed enforcement
procedures and comments submitted, and evaluate appropriate next steps,
DOE recognizes there is a possibility that the cadence for compliance
dates could become misaligned, i.e., compliance with the more
stringent, multi-section Tier 2 standards could be required before the
less stringent, single section Tier 1 standards (and before publication
of final enforcement procedures). While DOE believes manufacturers are
capable of complying with the DOE standards as written, DOE
nevertheless recognizes that having enforcement procedures in place
prior to requiring compliance would help provide clarity to
manufacturers that are new to DOE's regulatory program. DOE is
proposing an extension here consistent with its intent that the Tier 2
compliance deadline occurs after both the Tier 1 compliance deadline
and the promulgation of final enforcement procedures. DOE previously
determined that a date certain for requiring compliance with Tier 2
would accomplish this while providing greater certainty for
manufacturers. As DOE has not yet issued enforcement procedures, DOE
has tentatively determined a further extension is required.
A delay of the current July 1, 2025, compliance date is therefore
necessary to ensure that DOE can evaluate and
[[Page 17232]]
incorporate meaningful stakeholder feedback regarding appropriate next
steps for the manufactured housing standard enforcement procedures,
while still providing appropriate lead time for compliance.
III. Discussion of Proposal
Pursuant to its authority to establish energy conservation
standards for manufactured housing (42 U.S.C. 17071), DOE is proposing
to extend the compliance date for Tier 2 homes under the manufactured
housing energy conservation standards in 10 CFR part 460 until after
DOE's forthcoming enforcement procedures take effect. More
specifically, DOE is proposing to require compliance with the Tier 2
standards in subparts B and C beginning 180 days after publication of
its final enforcement procedures. DOE is not proposing to amend the
compliance date for Tier 1 homes. Such homes will be subject to the
standards in subparts B and C beginning 60 days after publication of
DOE's final enforcement procedures. The proposal aligns with the
proposal in the March 2023 NOPR.
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
also will provide manufacturers time to understand DOE's enforcement
procedures and prepare their operations to ensure compliance with DOE's
standards. Accordingly, DOE proposes to delay the July 1, 2025,
compliance date for the standards of 10 CFR part 460 applicable to Tier
2 homes until 180 days after DOE's publication of its final enforcement
procedures. The existing compliance date for Tier 1 homes would remain
as 60 days after publication of DOE's final enforcement procedures.
IV. 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 draft 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 constitutes a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was submitted to OIRA for review under E.O.
12866.
B. Review Under Executive Orders 14154 and 14192
DOE has examined this proposed rulemaking 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.'' This proposed rule, if
finalized as proposed, is expected to be an E.O. 14192 deregulatory
action.
C. Review Under Additional Executive Orders and Procedural Requirements
DOE has concluded that the determinations made pursuant to the
various other procedural requirements applicable to the May 2022 Final
Rule remain unchanged for this proposed confirmation of that rule.
These determinations are set forth in the May 2022 Final Rule. 87 FR
32728, 32809-32817.
V. Public Participation
Submission of Comments. DOE will accept all 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
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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).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking; request for comments.
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 April 18,
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 April 21, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
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.
Manufacturers must apply the requirements of this part to a
manufactured home subject to Sec. 460.4(b) that is manufactured on or
after 60 days after publication of final enforcement procedures for
this part. DOE will amend this section to include the specific
compliance date, once known. Manufacturers must apply the requirements
of this part to a manufactured home subject to Sec. 460.4(c) that is
manufactured on or after 180 days after publication of final
enforcement procedures for this part. DOE will amend this section to
include the specific compliance date, once known.
[FR Doc. 2025-07099 Filed 4-23-25; 8:45 am]
BILLING CODE 6450-01-P