[Federal Register Volume 90, Number 125 (Wednesday, July 2, 2025)]
[Rules and Regulations]
[Pages 28873-28878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12328]


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DEPARTMENT OF ENERGY

10 CFR Part 460

[EERE-2009-BT-BC-0021]
RIN 1904-AF73


Energy Conservation Standards for Manufactured Housing

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE) is publishing this rule to 
amend the compliance date for its manufactured housing energy 
conservation standards. Previously, manufacturers had to 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 
delaying 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: The effective date of this rule is July 2, 2025.

ADDRESSES: The docket for this rulemaking, which includes Federal 
Register notices, public meeting attendee lists and transcripts, if 
applicable, 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.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Ani Esenyan, 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].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Need To Amend Compliance Date
III. Overview of the Final Rule
    A. Summary of Public Comments
    B. Discussion of Public Comments Received
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under Executive Orders 14154 and 14192
    C. Review Under Additional Executive Orders and Procedural 
Requirements
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''). (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

[[Page 28874]]

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 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 
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 is 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 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 was 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 
Uo requirements, as historically relied upon under the 
broader HUD standards for manufactured housing, 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. 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 Mar 23, 2023, NOPR for Tier 1 (i.e., 60 days 
after issuance of DOE's enforcement procedures for part 460). (88 FR 
34411, ``May 2023 Final Rule'') 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, in the May 2023 Final Rule 
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.
    DOE published a NOPR on April 24, 2025 (``April 2025 NOPR'') (90 FR 
17230) 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.

II. Need To Amend Compliance Date

    In the March 2023 NOPR and subsequently-adopted May 2023 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

[[Page 28875]]

less stringent, single section Tier 1 standards (and before publication 
of final enforcement procedures). While DOE previously stated that it 
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. DOE is extending the compliance date 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.
    A delay of the July 1, 2025, compliance date is therefore necessary 
to ensure that DOE can evaluate and incorporate meaningful stakeholder 
feedback regarding appropriate next steps for the manufactured housing 
standard enforcement procedures, while still providing appropriate lead 
time for compliance.

III. Overview of the Final Rule

    Through this action, DOE is finalizing the April 2025 NOPR. 
Pursuant to its authority to establish energy conservation standards 
for manufactured housing (42 U.S.C. 17071), DOE is extending 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 requiring 
compliance with the Tier 2 standards in subparts B and C beginning 180 
days after publication of its final enforcement procedures. DOE is not 
amending 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. This 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 provides manufacturers time to understand DOE's enforcement 
procedures and prepare their operations to ensure compliance with DOE's 
standards. Accordingly, DOE is delaying 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 will remain 
unchanged at 60 days after publication of DOE's final enforcement 
procedures.

A. Summary of Public Comments

    DOE received public comments in response to the April 2025 NOPR 
from the organizations and interested parties identified in the table 
below. These comments are available for review in the public docket for 
this rulemaking. The specific issues relating to the NOPR and this 
final rule are addressed in the following section (``Discussion of 
Public Comments Received'').

                                  Table III-1--April 2025 NOPR Written Comments
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                  Commenter(s)                                             Document No.
----------------------------------------------------------------------------------------------------------------
Individual *...................................  EERE-2009-BT-BC-0021-2642
Individual.....................................  EERE-2009-BT-BC-0021-2643
Manufactured Housing Association for Regulatory  EERE-2009-BT-BC-0021-2644
 Reform.
Individual.....................................  EERE-2009-BT-BC-0021-2645
Manufactured Housing Institute.................  EERE-2009-BT-BC-0021-2647
Joint Comments:                                  EERE-2009-BT-BC-0021-2646
    American Council for an Energy Efficiency
     Economy, American Institute of Architects,
     Americans for Financial Reform Education
     Fund, E4TheFuture, Earth Advantage,
     Earthjustice, Institute for Market
     Transformation, Lincoln Institute of Land
     Policy, Next Step Network, Northeast
     Energy Efficiency and Electrification
     Council, NPHS, ROC USA, Sierra Club,
     Vermont Law and Graduate School, Institute
     for Energy and the Environment.
----------------------------------------------------------------------------------------------------------------
* Comment submitted anonymously.

B. Discussion of Public Comments Received

    Comment: Two commenters (Abigail Johnson and an anonymous 
individual) expressed opposition to DOE's proposal to delay the Tier 2 
compliance date. The anonymous commenter recommended not delaying the 
energy conservation standards for manufactured housing because the rule 
will help reduce waste, fraud, and abuse by developers, realtors and 
government officials interested in protecting the fossil fuel industry. 
(Anonymous, No. 2642 at p. 1) Abigail Johnson opposed this extension 
based on an expressed concern with deregulation and with the executive 
order that prompted this change as it relates to manufactured housing. 
She noted that the current standards were established in 2023 and 
believed there has been sufficient time to figure out a system of 
enforcement. Further, she stated stricter standards are necessary to 
address the climate crisis, and also expressed concern with federal 
workforce reduction in the area of regulation and safety and that a 
delay of the conservation deadline may make it an ever-moving goal with 
no actual implementation. (Abigail Johnson, No. 2643 at p. 1)
    Response: Although DOE understands the commenters' interest in 
enforcing the standards, DOE's conclusion, consistent with that in the 
May 2023 Final Rule, is that compliance with the standards is better 
accomplished by first having enforcement procedures in place to provide 
added clarity to manufacturers.
    Comment: Manufactured Housing Association for Regulatory Reform 
(``MHARR'') commented that it supports an indefinite extension and 
delay of the implementation and compliance dates for both the Tier 1 
and Tier 2 energy standards. In addition, MHARR reiterated positions 
previously submitted to the Department regarding DOE's initial 
extension proposal, and through which MHARR advocated for extending the 
energy standards compliance date, stressing that it is necessary to 
develop comprehensive testing, enforcement, and regulatory compliance 
criteria, which are essential components of any standard. They also 
commented that the extension is crucial to effectively consider the 
costs of these measures, both individually and in relation to the 
overall expenses of manufactured housing energy standards and 
enforcement procedures. MHARR also referenced pending litigation

[[Page 28876]]

surrounding DOE's energy conservation standards for manufactured 
housing filed in the Western District of Texas.
    While MHARR commented it supports extending and delaying 
manufactured housing energy standards implementation, they also 
maintain the May 2022 Final Rule standards are fundamentally flawed and 
should be completely withdrawn, not just postponed. They argue that 
these standards are detrimental to the manufactured housing industry 
and hinder affordable homeownership for lower and moderate-income 
Americans. MHARR advocates for crafting a new, cost-effective rule in 
collaboration with U.S. Department of Housing and Urban Development 
(``HUD'') and its Manufactured Housing Consensus Committee (``MHCC''), 
encompassing both the standards and regulatory compliance procedures. 
(MHARR, No. 2644 at p. 2-3)
    Response: DOE agrees with the commenter that it is necessary to 
amend the compliance date for Tier 2 homes. DOE understands that, while 
3 years have passed since the May 2022 Final Rule, many manufacturers 
may need additional time to adjust their manufacturing practices and 
ensure homes are compliant with the updated standards and in a manner 
consistent with the forthcoming enforcement procedures. The extended 
compliance lead time established under this final rule will provide 
additional time for DOE to issue its enforcement procedures, and for 
manufacturers to continue modifying their practices in anticipation of 
complying with the standards. DOE addresses the additional information 
the commenter provided regarding the substance of the standards at the 
end of this section.
    Comment: Fourteen organizations--a combination of energy 
efficiency, affordable housing, academic, and environmental 
organizations--together filed joint comments (``Joint Commenters'') 
expressing opposition to DOE's proposed compliance date extension. 
These organizations contend that the delay will lock-in low-to-
moderate-income families into higher utility bills and cause 
unnecessary increased peak demand on the utility grid, particularly in 
rural areas. They also noted manufacturer facilities are already 
capable of complying with the DOE energy conservation standards for 
manufactured housing and stated that the nation's largest manufacturer 
has switched all 39 factories in the U.S. to build Zero Energy Ready 
Homes, which achieved levels of energy efficiency and performance far 
better than DOE's minimum standard for manufactured homes. The Joint 
Commenters stated they would like to retain the fixed date for 
compliance to avoid lengthy delay of enforcement and, if DOE cannot 
maintain a fixed date for compliance, any delay tied to publication of 
enforcement procedures should be consistent with that for Tier 1 homes, 
that is at no more than 60 days after enforcement procedures are 
finalized (i.e., the same timeline for both Tier 1 and 2 homes). 
Additionally, the Joint Commenters would like DOE to begin work on 
strengthening standards based on the 2024 International Energy 
Conservation Code (IECC) and further assist manufacturers with building 
Zero Energy Ready Homes.
    Response: DOE disagrees that additional time is unwarranted for 
manufacturers to comply with the updated energy conservation standards. 
While many manufacturers may indeed be able to comply with the 
standards now, some manufacturers may not have a clear picture as to 
how DOE will evaluate compliance or conduct enforcement procedures. As 
noted in the April 2025 NOPR, DOE believes that having enforcement 
procedures in place prior to requiring compliance would help provide 
clarity to manufacturers. Accordingly, DOE has determined that a delay 
of the compliance date until after promulgation of enforcement 
procedures is warranted because DOE believes that clear standards with 
workable enforcement procedures will best support the full realization 
of the benefits associated with its energy conservation standards. DOE 
notes that some benefits (both monetary and non-monetary) may be 
sacrificed in delaying implementation of the standards, as highlighted 
by the commenter. However, these net benefits also require additional 
upfront costs paid by homeowners, which can also have a significant 
impact on housing affordability. Potential benefits may also not be 
fully realized if manufacturers do not fully comply with the amended 
standards and lack clarity on associated enforcement processes. With 
respect to the difference between the compliance dates for Tier 1 and 
Tier 2 homes, DOE has previously recognized that the Tier 2 standards 
are inherently more stringent (compared to the Tier 1 standards), and 
has determined that additional time is warranted for manufacturers to 
make adjustments to their operations and practices to ensure compliance 
with the Tier 2 standards.
    Comment: Robert Peeks commented in support of postponing the rule's 
compliance dates, noting that the current enforcement provisions are 
not well-aligned with industry obligations under HUD 3280. He commented 
on the importance of having effective and workable DOE energy 
efficiency standards and anticipates improvements to the rule language 
through future rulemaking activities. (Robert Peeks, No. 2645, at p.1.)
    Response: DOE appreciates the commenters' feedback and has taken it 
into consideration in developing the current final rule. DOE addresses 
the additional information the commenter provided regarding the 
substance of the standards at the end of this section.
    Comment: The Manufactured Housing Institute (``MHI'') commented in 
support of DOE's proposal to delay compliance for Tier 2 homes. MHI 
further contends that DOE should delay compliance for both Tier 1 and 
Tier 2 homes to 3-5 years after finalization of enforcement procedures 
to align with the typical compliance and implementation periods 
established under DOE's energy conservation standards for appliances. 
MHI commented that DOE should at least start anew the 1-year 
implementation period of the May 2022 Final Rule for both Tier 1 and 
Tier 2 homes after finalization of testing, compliance, and enforcement 
(``TCE'') provisions and any required 2025 revision to the May 2022 
Final Rule. (MHI 2647 p. 1, 4)
    Beyond the proposed compliance date extension, MHI stated that DOE 
should go further and withdraw the May 2022 Final Rule entirely and re-
evaluate its cost-benefit analysis based on both a reasoned 
consideration of the cost of TCE and to reflect up-to-date costing 
information, consulting with HUD and MHCC as required under EISA. In 
addition, MHI requests withdraw/reconsideration under Presidential 
Memorandum: ``Delivering Emergency Price Relief for American Families 
and Deflating the Cost-of-Living Crises'' requiring DOE is to deliver 
price relief to American consumers and lower the cost of housing and 
expand housing supply. MHI indicates this would also be consistent with 
E.O. 14192 ``Unleashing Prosperity Through Deregulation''. (MHI 2647 p. 
1-2)
    Further, MHI comments that in 2023 DOE recognized the cost and 
burden of meeting updated building codes, including the 2021 IECC, as 
related to financial assistance provided by DOE under the Inflation 
Reduction Act (``IRA''). MHI references DOE's recent notice of intent 
and request for information with regard to state building code updates, 
as established under IRA Section 50131. (MHI, No. 2647, Attachment 7, 
MHI, No. 2647, Attachment 8) and provides this as contrast to energy 
conservation

[[Page 28877]]

standards for manufactured housing and pending enforcement provisions 
that would require the MH manufactures to redesign floor plans and have 
designs reapproved by third-party design inspection agencies to meet 
similar requirements. Based on this, they conclude that a 3-5 year 
implementation period is warranted after issuance of the final TCE 
provisions. They also noted that DOE's draft 5-year Appliance 
rulemaking schedule (MHI, No. 2647, Attachment 8) provides for 3-5 year 
implementation periods for standards for much simpler building 
components. MHI also believes that EISA requirements would not prohibit 
a 3-5 year implementation period, and would not constrain DOE's ability 
to update standards in accordance with the IECC, as directed under 
EISA. (MHI 2647 p. 5)
    In addition, MHI provided a collection of reference documents, data 
and details of comments submitted on previous DOE and HUD actions, as 
well as documents MHI has submitted as part of their related litigation 
of DOE's energy conservation standards for manufactured housing.
    Response: DOE agrees that additional time is warranted for 
manufacturers to comply with the updated energy conservation standards. 
While many manufacturers may indeed be able to comply with the 
standards now, some manufacturers may not have a clear picture as to 
how DOE will evaluate compliance or conduct enforcement procedures. As 
noted in the April 2025 NOPR, DOE believes that having enforcement 
procedures in place prior to requiring compliance would help provide 
clarity to manufacturers. Accordingly, DOE has determined that a delay 
of the compliance date until after promulgation of enforcement 
procedures is warranted. As DOE previously responded to this comment 
from MHI in the May 2023 Final Rule, DOE disagrees that such an 
extended period is needed at this time. DOE believes that the 
compliance lead times in this final rule provide additional time for 
DOE to issue its enforcement procedures, and for manufacturers to 
continue modifying their practices to comply with the updated 
standards.
    DOE's emphasizes that the only action DOE is taking in this final 
rule is to amend the compliance date for Tier 2 manufactured homes. 
Several commenters expressed opinions and reiterated positions related 
to DOE's energy conservation standards for manufactured housing, but 
these comments are outside of the scope of the specific action proposed 
in the April 2025 NOPR and established through the current final rule. 
DOE agrees with commenters that enforcement procedures are necessary 
and will help provide additional clarity to manufacturers. While DOE 
fully reviewed and considered all comments received, some of the issues 
presented may be appropriate for future updates to DOE's energy 
conservation standards for manufactured housing.
    DOE sincerely appreciates the time and input provided by all 
commenters in response to the current action, as well as previous 
actions. Robust stakeholder response and participation helps improve 
the process and leads to clearer and more workable energy conservation 
standards for manufactured housing.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (Oct. 4, 1993), 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 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 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 rulemaking and has 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 final rule is considered an E.O. 14192 
deregulatory action. DOE did not estimate the cost savings of this 
final rule.

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 confirmation of that rule. These 
determinations are set forth in the May 2022 Final Rule. 87 FR 32728, 
32809-32817.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved the publication of the final 
rule.

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 June 26, 
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

[[Page 28878]]

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 June 30, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is amending 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. 2025-12328 Filed 7-1-25; 8:45 am]
BILLING CODE 6450-01-P