83_FR_1863 83 FR 1854 - Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions

83 FR 1854 - Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1854-1857
FR Document2017-28209

The Department of Energy (DOE) has prepared and is making available its portion of the semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda), including its Regulatory Plan (Plan), pursuant to Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1854-1857]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28209]



[[Page 1853]]

Vol. 83

Friday,

No. 9

January 12, 2018

Part VI





Department of Energy





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Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions

Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 / 
Unified Agenda

[[Page 1854]]


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DEPARTMENT OF ENERGY

10 CFR Chs. II, III, and X

48 CFR Ch. 9


Fall 2017 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Department of Energy.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) has prepared and is making 
available its portion of the semiannual Unified Agenda of Federal 
Regulatory and Deregulatory Actions (Agenda), including its Regulatory 
Plan (Plan), pursuant to Executive Order 12866, ``Regulatory Planning 
and Review,'' and the Regulatory Flexibility Act.

SUPPLEMENTARY INFORMATION: The Agenda is a government-wide compilation 
of upcoming and ongoing regulatory activity, including a brief 
description of each rulemaking and a timetable for action. The Agenda 
also includes a list of regulatory actions completed since publication 
of the last Agenda. The Department of Energy's portion of the Agenda 
includes regulatory actions called for by statute, including amendments 
contained in the Energy Independence and Security Act of 2007 and the 
American Energy Manufacturing Technical Corrections Act, and 
programmatic needs of DOE offices.
    The internet is the basic means for disseminating the Agenda and 
providing users the ability to obtain information from the Agenda 
database. DOE's entire Fall 2017 Agenda can be accessed online by going 
to www.reginfo.gov.
    Publication in the Federal Register is mandated by the Regulatory 
Flexibility Act (5 U.S.C. 602) only for Agenda entries that require 
either a regulatory flexibility analysis or periodic review under 
section 610 of that Act. DOE's regulatory flexibility agenda is made up 
of two rulemakings that will set energy conservation standards for the 
following products:
     General Service Fluorescent Lamps (1904-AD09).
     Residential Conventional Cooking Products (1904-AD15).
    The Plan appears in both the online Agenda and the Federal Register 
and includes the most important of DOE's significant regulatory actions 
and a Statement of Regulatory and Deregulatory Priorities.

 John T. Lucas,
Acting, General Counsel.

          Energy Efficiency and Renewable Energy--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
217.......................  Modifying the Energy               1904-AE11
                             Conservation Program to
                             Implement a Market-Based
                             Approach.
------------------------------------------------------------------------


       Energy Efficiency and Renewable Energy--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
218.......................  Energy Conservation                1904-AD09
                             Standards and Definition
                             for General Service Lamps
                             (Reg Plan Seq No. 23).
219.......................  Energy Conservation                1904-AD15
                             Standards for Residential
                             Conventional Cooking
                             Products (Reg Plan Seq
                             No. 24).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


        Energy Efficiency and Renewable Energy--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
220.......................  Energy Conservation                1904-AD01
                             Standards for Commercial
                             Packaged Boilers.
221.......................  Energy Conservation                1904-AD20
                             Standards for Residential
                             Non-Weatherized Gas
                             Furnaces and Mobile Home
                             Gas Furnaces.
222.......................  Energy Conservation                1904-AD34
                             Standards for Commercial
                             Water Heating Equipment.
------------------------------------------------------------------------


        Energy Efficiency and Renewable Energy--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
223.......................  Energy Conservation                1904-AD59
                             Standards for Walk-In
                             Coolers and Walk-In
                             Freezers.
224.......................  Energy Conservation                1904-AD71
                             Program: Test Procedures
                             for Central Air
                             Conditioners and Heat
                             Pumps.
225.......................  Energy Conservation                1904-AD72
                             Program: Test Procedures
                             for Walk-In Cooler and
                             Freezer Refrigeration
                             Systems.
------------------------------------------------------------------------


                Departmental and Others--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
226.......................  Small-Scale Natural Gas            1901-AB43
                             Exports (Section 610
                             Review).
------------------------------------------------------------------------


[[Page 1855]]

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Prerule Stage

217. Modifying the Energy Conservation Program to Implement a Market-
Based Approach

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 42 U.S.C. 6291
    Abstract: The U.S. Department of Energy (DOE) is evaluating the 
potential use of some form of a market-based approach such as an 
averaging, trading, fee-base or other type of market-based policy 
mechanism for the U.S. Appliance and Equipment Energy Conservation 
Standards (ECS) program.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information.............   12/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Cymbalsky, Building Technologies Office, EE-
5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 
Independence Avenue SW, Washington, DC 20585, Phone: 202 287-1692, 
Email: john.cymbalsky@ee.doe.gov.
    RIN: 1904-AE11

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Proposed Rule Stage

218. Energy Conservation Standards and Definition For General Service 
Lamps

    Regulatory Plan: This entry is Seq. No. 23 in part II of this issue 
of the Federal Register.
    RIN: 1904-AD09

219. Energy Conservation Standards for Residential Conventional Cooking 
Products

    Regulatory Plan: This entry is Seq. No. 24 in part II of this issue 
of the Federal Register.
    RIN: 1904-AD15

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Long-Term Actions

220. Energy Conservation Standards for Commercial Packaged Boilers

    E.O. 13771 Designation: Other.
    Legal Authority: 42 U.S.C. 6313(a)(6)(C); 42 U.S.C. 6311(11)(B)
    Abstract: EPCA, as amended by AEMTCA, requires the Secretary to 
determine whether updating the statutory energy conservation standards 
for commercial packaged boilers is technically feasible and 
economically justified and would save a significant amount of energy. 
If justified, the Secretary will issue amended energy conservation 
standards for such equipment. DOE last updated the standards for 
commercial packaged boilers on July 22, 2009. DOE issued a NOPR 
pursuant to the 6-year-look-back requirement on March 24, 2016. Under 
EPCA, DOE has two years to issue a final rule after publication of the 
NOPR.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Proposed Determination       08/13/13  78 FR 49202
 (NOPD).
NOPD Comment Period End.............   09/12/13  .......................
Notice of Public Meeting and           09/03/13  78 FR 54197
 Framework Document Availability.
Framework Document Comment Period      10/18/13  .......................
 End.
Notice of Public Meeting and           11/20/14  79 FR 69066
 Preliminary Analysis.
Preliminary Analysis Comment Period    01/20/15  .......................
 End.
Withdrawal of NOPD..................   08/25/15  80 FR 51487
NPRM................................   03/24/16  81 FR 15836
NPRM Comment Period End.............   05/23/16  .......................
NPRM Comment Period Extended........   05/04/16  81 FR 26747
NPRM Comment Period Extended End....   06/22/16  .......................
                                     -----------------------------------
Next Action Undetermined............           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: James Raba, Phone: 202 586-8654, Email: 
jim.raba@ee.doe.gov.
    RIN: 1904-AD01

221. Energy Conservation Standards for Residential Non-Weatherized Gas 
Furnaces and Mobile Home Gas Furnaces

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 42 U.S.C. 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 
U.S.C. 6295(gg)(3)
    Abstract: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, prescribes energy conservation standards for various consumer 
products and certain commercial and industrial equipment, including 
residential furnaces. EPCA also requires the DOE to periodically 
determine every six years whether more-stringent amended standards 
would be technologically feasible and economically justified and would 
save a significant amount of energy. DOE is considering amendments to 
its energy conservation standards for residential non-weatherized gas 
furnaces and mobile home gas furnaces in partial fulfillment of a 
court-ordered remand of DOE's 2011 rulemaking for these products. DOE 
published a supplemental notice of proposed rulemaking on September 23, 
2016.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Public Meeting............   10/30/14  79 FR 64517
NPRM and Notice of Public Meeting...   03/12/15  80 FR 13120
NPRM Comment Period Extended........   05/20/15  80 FR 28851
NPRM Comment Period Extended End....   07/10/15  .......................
Notice of Data Availability (NODA)..   09/14/15  80 FR 55038
NODA Comment Period End.............   10/14/15  .......................
NODA Comment Period Reopened........   10/23/15  80 FR 64370
NODA Comment Period Reopened End....   11/06/15  .......................
Supplemental NPRM and Notice of        09/23/16  81 FR 65720
 Public Meeting.
Supplemental NPRM Comment Period End   11/22/16  .......................
SNPRM Comment Period Reopened.......   12/05/16  81 FR 87493
SNPRM Comment Period End............   01/06/17  .......................
                                     -----------------------------------
Next Action Undetermined............           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: 
john.cymbalsky@ee.doe.gov.

[[Page 1856]]

    RIN: 1904-AD20

222. Energy Conservation Standards for Commercial Water Heating 
Equipment

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi)
    Abstract: Once completed, this rulemaking will fulfill DOE's 
statutory obligation under EPCA to either propose amended energy 
conservation standards for commercial water heaters and hot water 
supply boilers, or determine that the existing standards do not need to 
be amended. (Unfired hot water storage tanks and commercial heat pump 
water heaters are being considered in a separate rulemaking.) DOE must 
determine whether national standards more stringent than those that are 
currently in place would result in a significant additional amount of 
energy savings and whether such amended national standards would be 
technologically feasible and economically justified.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Request for Information (RFI).......   10/21/14  79 FR 62899
RFI Comment Period End..............   11/20/14  .......................
NPRM................................   05/31/16  81 FR 34440
NPRM Comment Period End.............   08/01/16  .......................
NPRM Comment Period Reopened........   08/05/16  81 FR 51812
NPRM Comment Period Reopened End....   08/30/16  .......................
Notice of Data Availability (NODA)..   12/23/16  81 FR 94234
NODA Comment Period End.............   01/09/17  .......................
                                     -----------------------------------
Next Action Undetermined............           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Rivest, Phone: 202 586-7335, Email: 
catherine.rivest@ee.doe.gov.
    RIN: 1904-AD34

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Completed Actions

223. Energy Conservation Standards for Walk-In Coolers And Walk-In 
Freezers

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 42 U.S.C. 6311; 42 U.S.C. 6313(f)
    Abstract: In 2014, the Department of Energy (DOE) issued a rule 
setting performance-based energy conservation standards for a variety 
of walk-in cooler and freezer (walk-in) components. See 79 FR 32050 
(June 3, 2014). That rule was challenged by a group of walk-in 
refrigeration system manufacturers and walk-in installers, which led to 
a settlement agreement regarding certain refrigeration equipment 
classes addressed in that 2014 rule and certain aspects related to that 
rule's analysis. See Lennox Int'l v. DOE, Case No. 14-60535 (5th Cir. 
2014). Consistent with the settlement agreement, and in accordance with 
the Federal Advisory Committee Act, a working group was established 
under the Appliance Standards and Rulemaking Advisory Committee (ASRAC) 
to engage in a negotiated rulemaking to develop energy conservation 
standards to replace those that had been vacated by the U.S. Court of 
Appeals for the Fifth Circuit. As a result of those negotiations, a 
Term Sheet was produced containing a series of recommendations to ASRAC 
for its approval and submission to DOE for the agency's further 
consideration. Using the Term Sheet's recommendations, DOE is 
establishing energy conservation standards for the six equipment 
classes of walk-in coolers and walk-in freezers that were vacated by 
the Fifth Circuit and remanded to DOE for further action. Those 
standards at issue involve: (1) The two standards applicable to 
multiplex condensing refrigeration systems operating at medium and low 
temperatures; and (2) the four standards applicable to dedicated 
condensing refrigeration systems operating at low temperatures. Also 
consistent with the settlement agreement, DOE explicitly considered the 
potential impacts of these six standards on installers. DOE also 
considered and addressed the potential impacts of these six standards 
on installers in its Manufacturer Impact Analysis, consistent with its 
regulatory definition of ``manufacturer,'' and, as appropriate, in its 
analysis of impacts on small entities under the Regulatory Flexibility 
Act. As part of this rulemaking (and consistent with its obligations 
under the settlement agreement), DOE provided an opportunity for all 
interested parties to submit comments concerning any proposed 
standards.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   07/10/17  82 FR 31808
Final Action Effective..............   09/08/17  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: 
john.cymbalsky@ee.doe.gov.
    RIN: 1904-AD59

224. Energy Conservation Program: Test Procedures for Central Air 
Conditioners and Heat Pumps

    E.O. 13771 Designation: Other.
    Legal Authority: 42 U.S.C. 6291 et seq.
    Abstract: This rulemaking pertaining to test procedures for Central 
Air Conditioners and Heat Pumps includes revisions to the test methods 
to improve test repeatability and reduce the test burden of the test 
procedure. These revisions will be required for demonstration of 
compliance with the current energy conservation standards starting 180 
days after publication of the final rule. These amendments include: (1) 
Establishing a delay time prior to off mode power measurements for some 
systems and limiting the internal volume of refrigerant pressure 
measurement lines; (2) requiring bin-by-bin EER and COP interpolations 
for all variable speed units; (3) requiring that the official test for 
a unit using the outdoor enthalpy method as a secondary check of 
capacity be the test without the outdoor enthalpy apparatus connected.
    DOE is also amending the test procedure to improve field 
representativeness. These amendments will take effect coincident with 
updated energy conservation standards and would be part of a new 
Appendix M1. The new Appendix M1 includes: (1) New higher external 
static pressure requirements for all units, including unique minimum 
external static pressure requirements for certain kinds of products; 
(2) new default fan power values for rating coil-only units; revisions 
to the heating load line in the calculation of HSPF; and (3) amendments 
to the test procedures for variable speed heat pumps to allow better 
representation of their low-ambient-temperature performance, including 
an optional 5[emsp14][deg]F heating mode test.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule Effective................   07/08/17  .......................
Final Rule; Delay of Effective Date.   02/02/17  82 FR 8985

[[Page 1857]]

 
Final Rule; Delay of Effective Date    03/21/17  .......................
 Effective.
Final Rule; Further Delay of           03/21/17  82 FR 14425
 Effective Date.
Final Rule; Correction to Delayed      03/29/17  82 FR 15457
 Effective Date.
Final Rule; Further Delay of           07/03/17  .......................
 Effective Date Effective.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ashley Armstrong, Phone: 202 586-6590, Email: 
ashley.armstrong@ee.doe.gov.
    RIN: 1904-AD71

225. Energy Conservation Program: Test Procedures for Walk-In Cooler 
and Freezer Refrigeration Systems

    E.O. 13771 Designation: Other.
    Legal Authority: 42 U.S.C. 6311 et seq.
    Abstract: DOE established a Working Group to negotiate amended 
energy conservation standards for six classes of walk-in cooler and 
freezer (walk-in) refrigeration systems. After holding a series of 
meetings as part of a negotiated rulemaking, the Working Group 
developed a Term Sheet containing a series of recommendations regarding 
potential energy conservation standards for these refrigeration systems 
and the current test procedure for evaluating the energy efficiency of 
a walk-in refrigeration system. This rulemaking proposed several test 
procedure amendments to implement these recommendations. These 
amendments include certain changes to improve test procedure clarity, 
updating related certification and enforcement provisions to address 
the performance-based energy conservation standards for walk-in cooler 
and freezer equipment, and establishing labeling requirements that will 
aid manufacturers in determining which components would be considered 
for compliance purposes as intended for walk-in cooler and freezer 
applications. The rule also adds certain equipment-specific 
definitions, removes the test method for refrigeration systems with hot 
gas defrost, and includes a method to accommodate refrigeration 
equipment that use adaptive defrost and on-cycle variable-speed 
evaporator fan control.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/28/16  81 FR 95758
Final Rule Effective................   01/27/17  .......................
Final Rule; Delay of Effective Date.   03/21/17  82 FR 8805
Final Rule; Delay of Effective Date    03/21/17  .......................
 Effective.
Final Rule; Further Delay of           03/21/17  82 FR 14426
 Effective Date.
Final Rule; Further Delay of           06/26/17  .......................
 Effective Date Effective.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ashley Armstrong, Phone: 202 586-6590, Email: 
ashley.armstrong@ee.doe.gov.
    RIN: 1904-AD72

DEPARTMENT OF ENERGY (DOE)

Departmental and Others (ENDEP)

Final Rule Stage

226. Smal-Scale Natural Gas Exports (Section 610 Review)

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 15 U.S.C. 717b(a); 42 U.S.C. 7151(b), 7172(f), and 
7254
    Abstract: This rule would revise DOE regulations implementing 
section 3(a) of the Natural Gas Act, 15 U.S.C. 717b(a), for 
``qualifying small-scale'' exports of natural gas, including liquefied 
natural gas. Under this rule, DOE would issue an order upon receipt of 
any application that seeks to export natural gas to non-FTA countries, 
provided the application meets the criteria for small-scale exports. In 
promulgating this rule, DOE would clarify its interpretation of 
``public interest'' under NGA section 3(a). The intent of the rule is 
to improve DOE's application procedures related to natural gas exports, 
reduce the administrative burdens associated with the small-scale 
natural gas export market, and result in more efficient processing of 
applications for small-scale natural gas exports.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/01/17  82 FR 41570
NPRM Comment Period End.............   10/16/17  .......................
Final Action........................   02/00/18  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Betsy Kohl, Attorney Advisor, Department of Energy, 
1000 Independence Avenue SW, Room 6A-179, Washington, DC 20585, Phone: 
202 586-7796, Email: elizabeth.kohl@hq.doe.gov.
    RIN: 1901-AB43

[FR Doc. 2017-28209 Filed 1-11-18; 8:45 am]
BILLING CODE 6450-01-P



                                                   1854                           Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

                                                   DEPARTMENT OF ENERGY                                            compilation of upcoming and ongoing                              Publication in the Federal Register is
                                                                                                                   regulatory activity, including a brief                        mandated by the Regulatory Flexibility
                                                   10 CFR Chs. II, III, and X                                      description of each rulemaking and a                          Act (5 U.S.C. 602) only for Agenda
                                                                                                                   timetable for action. The Agenda also                         entries that require either a regulatory
                                                   48 CFR Ch. 9                                                    includes a list of regulatory actions                         flexibility analysis or periodic review
                                                                                                                   completed since publication of the last                       under section 610 of that Act. DOE’s
                                                   Fall 2017 Unified Agenda of Regulatory                          Agenda. The Department of Energy’s                            regulatory flexibility agenda is made up
                                                   and Deregulatory Actions                                        portion of the Agenda includes                                of two rulemakings that will set energy
                                                   AGENCY:      Department of Energy.                              regulatory actions called for by statute,                     conservation standards for the following
                                                                                                                   including amendments contained in the                         products:
                                                   ACTION:     Semiannual regulatory agenda.                                                                                        • General Service Fluorescent Lamps
                                                                                                                   Energy Independence and Security Act
                                                   SUMMARY:   The Department of Energy                             of 2007 and the American Energy                               (1904–AD09).
                                                   (DOE) has prepared and is making                                Manufacturing Technical Corrections                              • Residential Conventional Cooking
                                                   available its portion of the semiannual                         Act, and programmatic needs of DOE                            Products (1904–AD15).
                                                   Unified Agenda of Federal Regulatory                            offices.                                                         The Plan appears in both the online
                                                   and Deregulatory Actions (Agenda),                                                                                            Agenda and the Federal Register and
                                                                                                                     The internet is the basic means for
                                                   including its Regulatory Plan (Plan),                                                                                         includes the most important of DOE’s
                                                                                                                   disseminating the Agenda and                                  significant regulatory actions and a
                                                   pursuant to Executive Order 12866,                              providing users the ability to obtain
                                                   ‘‘Regulatory Planning and Review,’’ and                                                                                       Statement of Regulatory and
                                                                                                                   information from the Agenda database.                         Deregulatory Priorities.
                                                   the Regulatory Flexibility Act.                                 DOE’s entire Fall 2017 Agenda can be
                                                   SUPPLEMENTARY INFORMATION: The                                  accessed online by going to                                   John T. Lucas,
                                                   Agenda is a government-wide                                     www.reginfo.gov.                                              Acting, General Counsel.

                                                                                               ENERGY EFFICIENCY AND RENEWABLE ENERGY—PRERULE STAGE
                                                                                                                                                                                                                       Regulation
                                                     Sequence No.                                                                            Title                                                                    Identifier No.

                                                   217 ....................   Modifying the Energy Conservation Program to Implement a Market-Based Approach ................................                            1904–AE11


                                                                                         ENERGY EFFICIENCY AND RENEWABLE ENERGY—PROPOSED RULE STAGE
                                                                                                                                                                                                                       Regulation
                                                     Sequence No.                                                                            Title                                                                    Identifier No.

                                                   218 ....................   Energy Conservation Standards and Definition for General Service Lamps (Reg Plan Seq No. 23) ...........                                   1904–AD09
                                                   219 ....................   Energy Conservation Standards for Residential Conventional Cooking Products (Reg Plan Seq No. 24) ..                                       1904–AD15
                                                      References in boldface appear in The Regulatory Plan in part II of this issue of the FEDERAL REGISTER.

                                                                                           ENERGY EFFICIENCY AND RENEWABLE ENERGY—LONG-TERM ACTIONS
                                                                                                                                                                                                                       Regulation
                                                     Sequence No.                                                                            Title                                                                    Identifier No.

                                                   220 ....................   Energy Conservation Standards for Commercial Packaged Boilers ...............................................................              1904–AD01
                                                   221 ....................   Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas                                             1904–AD20
                                                                                Furnaces.
                                                   222 ....................   Energy Conservation Standards for Commercial Water Heating Equipment .................................................                     1904–AD34


                                                                                           ENERGY EFFICIENCY AND RENEWABLE ENERGY—COMPLETED ACTIONS
                                                                                                                                                                                                                       Regulation
                                                     Sequence No.                                                                            Title                                                                    Identifier No.

                                                   223 ....................   Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers ..................................................                  1904–AD59
                                                   224 ....................   Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps ..................                                1904–AD71
                                                   225 ....................   Energy Conservation Program: Test Procedures for Walk-In Cooler and Freezer Refrigeration Systems ....                                     1904–AD72


                                                                                                           DEPARTMENTAL AND OTHERS—FINAL RULE STAGE
sradovich on DSK3GMQ082PROD with PROPOSALS6




                                                                                                                                                                                                                       Regulation
                                                     Sequence No.                                                                            Title                                                                    Identifier No.

                                                   226 ....................   Small-Scale Natural Gas Exports (Section 610 Review) ................................................................................      1901–AB43




                                              VerDate Sep<11>2014       18:43 Jan 11, 2018    Jkt 244001    PO 00000    Frm 00002     Fmt 4701    Sfmt 4702    E:\FR\FM\12JAP6.SGM       12JAP6


                                                                            Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda                                              1855

                                                   DEPARTMENT OF ENERGY (DOE)                                 Legal Authority: 42 U.S.C.                             Legal Authority: 42 U.S.C.
                                                                                                           6313(a)(6)(C); 42 U.S.C. 6311(11)(B)                    6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42
                                                   Energy Efficiency and Renewable Energy
                                                                                                              Abstract: EPCA, as amended by                        U.S.C. 6295(gg)(3)
                                                   (EE)                                                                                                              Abstract: The Energy Policy and
                                                                                                           AEMTCA, requires the Secretary to
                                                   Prerule Stage                                           determine whether updating the                          Conservation Act of 1975 (EPCA), as
                                                                                                           statutory energy conservation standards                 amended, prescribes energy
                                                   217. Modifying the Energy Conservation                                                                          conservation standards for various
                                                   Program to Implement a Market–Based                     for commercial packaged boilers is
                                                                                                           technically feasible and economically                   consumer products and certain
                                                   Approach                                                                                                        commercial and industrial equipment,
                                                                                                           justified and would save a significant
                                                     E.O. 13771 Designation: Deregulatory.                 amount of energy. If justified, the                     including residential furnaces. EPCA
                                                     Legal Authority: 42 U.S.C. 6291                       Secretary will issue amended energy                     also requires the DOE to periodically
                                                     Abstract: The U.S. Department of                      conservation standards for such                         determine every six years whether
                                                   Energy (DOE) is evaluating the potential                equipment. DOE last updated the                         more-stringent amended standards
                                                   use of some form of a market-based                      standards for commercial packaged                       would be technologically feasible and
                                                   approach such as an averaging, trading,                 boilers on July 22, 2009. DOE issued a                  economically justified and would save a
                                                   fee-base or other type of market-based                  NOPR pursuant to the 6-year-look-back                   significant amount of energy. DOE is
                                                   policy mechanism for the U.S.                           requirement on March 24, 2016. Under                    considering amendments to its energy
                                                   Appliance and Equipment Energy                          EPCA, DOE has two years to issue a                      conservation standards for residential
                                                   Conservation Standards (ECS) program.                   final rule after publication of the NOPR.               non-weatherized gas furnaces and
                                                     Timetable:                                                                                                    mobile home gas furnaces in partial
                                                                                                              Timetable:
                                                                                                                                                                   fulfillment of a court-ordered remand of
                                                          Action             Date           FR Cite
                                                                                                                  Action                Date          FR Cite
                                                                                                                                                                   DOE’s 2011 rulemaking for these
                                                                                                                                                                   products. DOE published a
                                                   Request for Infor-       12/00/17                                                                               supplemental notice of proposed
                                                                                                           Notice of Pro-            08/13/13       78 FR 49202
                                                     mation.                                                                                                       rulemaking on September 23, 2016.
                                                                                                             posed Deter-
                                                                                                             mination                                                Timetable:
                                                     Regulatory Flexibility Analysis                         (NOPD).
                                                   Required: Yes.                                          NOPD Comment              09/12/13                              Action       Date        FR Cite
                                                     Agency Contact: John Cymbalsky,                         Period End.
                                                   Building Technologies Office, EE–5B,                    Notice of Public          09/03/13       78 FR 54197    Notice of Public    10/30/14   79 FR 64517
                                                   Department of Energy, Energy Efficiency                   Meeting and                                             Meeting.
                                                   and Renewable Energy, 1000                                Framework                                             NPRM and Notice     03/12/15   80 FR 13120
                                                   Independence Avenue SW, Washington,                       Document                                                of Public Meet-
                                                                                                             Availability.                                           ing.
                                                   DC 20585, Phone: 202 287–1692, Email:                                                                           NPRM Comment        05/20/15   80 FR 28851
                                                                                                           Framework Docu-           10/18/13
                                                   john.cymbalsky@ee.doe.gov.                                ment Comment                                            Period Ex-
                                                     RIN: 1904–AE11                                          Period End.                                             tended.
                                                                                                           Notice of Public          11/20/14       79 FR 69066    NPRM Comment        07/10/15
                                                   DEPARTMENT OF ENERGY (DOE)
                                                                                                             Meeting and                                             Period Ex-
                                                   Energy Efficiency and Renewable Energy                    Preliminary                                             tended End.
                                                   (EE)                                                      Analysis.                                             Notice of Data      09/14/15   80 FR 55038
                                                                                                           Preliminary Anal-         01/20/15                        Availability
                                                   Proposed Rule Stage                                       ysis Comment                                            (NODA).
                                                                                                             Period End.                                           NODA Comment        10/14/15
                                                   218. Energy Conservation Standards                      Withdrawal of             08/25/15       80 FR 51487      Period End.
                                                   and Definition For General Service                        NOPD.                                                 NODA Comment        10/23/15   80 FR 64370
                                                   Lamps                                                   NPRM ..................   03/24/16       81 FR 15836      Period Re-
                                                                                                           NPRM Comment              05/23/16                        opened.
                                                     Regulatory Plan: This entry is Seq.
                                                                                                             Period End.                                           NODA Comment        11/06/15
                                                   No. 23 in part II of this issue of the                                                                            Period Re-
                                                                                                           NPRM Comment              05/04/16       81 FR 26747
                                                   Federal Register.                                         Period Ex-                                              opened End.
                                                     RIN: 1904–AD09                                          tended.                                               Supplemental        09/23/16   81 FR 65720
                                                                                                           NPRM Comment              06/22/16                        NPRM and No-
                                                   219. Energy Conservation Standards for                                                                            tice of Public
                                                   Residential Conventional Cooking                          Period Ex-
                                                                                                             tended End.                                             Meeting.
                                                   Products                                                                                                        Supplemental        11/22/16
                                                     Regulatory Plan: This entry is Seq.                   Next Action Unde-            To Be Determined             NPRM Com-
                                                   No. 24 in part II of this issue of the                    termined.                                               ment Period
                                                                                                                                                                     End.
                                                   Federal Register.                                                                                               SNPRM Comment       12/05/16   81 FR 87493
                                                     RIN: 1904–AD15                                          Regulatory Flexibility Analysis                         Period Re-
                                                                                                           Required: Yes.                                            opened.
                                                                                                             Agency Contact: James Raba, Phone:                    SNPRM Comment       01/06/17
                                                                                                           202 586–8654, Email: jim.raba@                            Period End.
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                                                   DEPARTMENT OF ENERGY (DOE)
                                                                                                           ee.doe.gov.
                                                   Energy Efficiency and Renewable Energy                                                                          Next Action Unde-     To Be Determined
                                                                                                             RIN: 1904–AD01                                          termined.
                                                   (EE)
                                                                                                           221. Energy Conservation Standards for
                                                   Long-Term Actions                                       Residential Non-Weatherized Gas                           Regulatory Flexibility Analysis
                                                                                                           Furnaces and Mobile Home Gas                            Required: Yes.
                                                   220. Energy Conservation Standards for                                                                            Agency Contact: John Cymbalsky,
                                                   Commercial Packaged Boilers                             Furnaces
                                                                                                                                                                   Phone: 202 287–1692, Email:
                                                      E.O. 13771 Designation: Other.                          E.O. 13771 Designation: Regulatory.                  john.cymbalsky@ee.doe.gov.


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                                                   1856                       Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda

                                                      RIN: 1904–AD20                                            Abstract: In 2014, the Department of                         Reason         Date        FR Cite
                                                                                                             Energy (DOE) issued a rule setting
                                                   222. Energy Conservation Standards for                                                                            Final Action Effec-   09/08/17
                                                                                                             performance-based energy conservation
                                                   Commercial Water Heating Equipment                                                                                  tive.
                                                                                                             standards for a variety of walk-in cooler
                                                     E.O. 13771 Designation: Regulatory.                     and freezer (walk-in) components. See
                                                     Legal Authority: 42 U.S.C.                              79 FR 32050 (June 3, 2014). That rule                     Regulatory Flexibility Analysis
                                                   6313(a)(6)(C)(i) and (vi)                                 was challenged by a group of walk-in                    Required: Yes.
                                                     Abstract: Once completed, this                                                                                    Agency Contact: John Cymbalsky,
                                                                                                             refrigeration system manufacturers and
                                                   rulemaking will fulfill DOE’s statutory                                                                           Phone: 202 287–1692, Email:
                                                                                                             walk-in installers, which led to a
                                                   obligation under EPCA to either propose                                                                           john.cymbalsky@ee.doe.gov.
                                                                                                             settlement agreement regarding certain
                                                   amended energy conservation standards                                                                               RIN: 1904–AD59
                                                                                                             refrigeration equipment classes
                                                   for commercial water heaters and hot
                                                   water supply boilers, or determine that                   addressed in that 2014 rule and certain                 224. Energy Conservation Program: Test
                                                   the existing standards do not need to be                  aspects related to that rule’s analysis.                Procedures for Central Air Conditioners
                                                   amended. (Unfired hot water storage                       See Lennox Int’l v. DOE, Case No. 14–                   and Heat Pumps
                                                   tanks and commercial heat pump water                      60535 (5th Cir. 2014). Consistent with
                                                                                                                                                                        E.O. 13771 Designation: Other.
                                                   heaters are being considered in a                         the settlement agreement, and in
                                                                                                                                                                        Legal Authority: 42 U.S.C. 6291 et seq.
                                                   separate rulemaking.) DOE must                            accordance with the Federal Advisory
                                                                                                                                                                        Abstract: This rulemaking pertaining
                                                   determine whether national standards                      Committee Act, a working group was
                                                                                                                                                                     to test procedures for Central Air
                                                   more stringent than those that are                        established under the Appliance
                                                                                                                                                                     Conditioners and Heat Pumps includes
                                                   currently in place would result in a                      Standards and Rulemaking Advisory
                                                                                                                                                                     revisions to the test methods to improve
                                                   significant additional amount of energy                   Committee (ASRAC) to engage in a
                                                                                                                                                                     test repeatability and reduce the test
                                                   savings and whether such amended                          negotiated rulemaking to develop                        burden of the test procedure. These
                                                   national standards would be                               energy conservation standards to                        revisions will be required for
                                                   technologically feasible and                              replace those that had been vacated by                  demonstration of compliance with the
                                                   economically justified.                                   the U.S. Court of Appeals for the Fifth                 current energy conservation standards
                                                     Timetable:                                              Circuit. As a result of those negotiations,             starting 180 days after publication of the
                                                                                                             a Term Sheet was produced containing                    final rule. These amendments include:
                                                          Action               Date           FR Cite        a series of recommendations to ASRAC                    (1) Establishing a delay time prior to off
                                                                                                             for its approval and submission to DOE                  mode power measurements for some
                                                   Request for Infor-         10/21/14     79 FR 62899       for the agency’s further consideration.
                                                     mation (RFI).                                                                                                   systems and limiting the internal
                                                   RFI Comment Pe-            11/20/14
                                                                                                             Using the Term Sheet’s                                  volume of refrigerant pressure
                                                     riod End.                                               recommendations, DOE is establishing                    measurement lines; (2) requiring bin-by-
                                                   NPRM ..................    05/31/16     81 FR 34440       energy conservation standards for the                   bin EER and COP interpolations for all
                                                   NPRM Comment               08/01/16                       six equipment classes of walk-in coolers                variable speed units; (3) requiring that
                                                     Period End.                                             and walk-in freezers that were vacated                  the official test for a unit using the
                                                   NPRM Comment               08/05/16     81 FR 51812       by the Fifth Circuit and remanded to                    outdoor enthalpy method as a secondary
                                                     Period Re-                                              DOE for further action. Those standards                 check of capacity be the test without the
                                                     opened.
                                                                                                             at issue involve: (1) The two standards                 outdoor enthalpy apparatus connected.
                                                   NPRM Comment               08/30/16
                                                     Period Re-                                              applicable to multiplex condensing                         DOE is also amending the test
                                                     opened End.                                             refrigeration systems operating at                      procedure to improve field
                                                   Notice of Data             12/23/16     81 FR 94234       medium and low temperatures; and (2)                    representativeness. These amendments
                                                     Availability                                            the four standards applicable to                        will take effect coincident with updated
                                                     (NODA).                                                 dedicated condensing refrigeration                      energy conservation standards and
                                                   NODA Comment               01/09/17                       systems operating at low temperatures.                  would be part of a new Appendix M1.
                                                     Period End.                                             Also consistent with the settlement                     The new Appendix M1 includes: (1)
                                                   Next Action Unde-            To Be Determined             agreement, DOE explicitly considered                    New higher external static pressure
                                                     termined.                                               the potential impacts of these six                      requirements for all units, including
                                                                                                             standards on installers. DOE also                       unique minimum external static
                                                     Regulatory Flexibility Analysis                         considered and addressed the potential                  pressure requirements for certain kinds
                                                   Required: Yes.                                            impacts of these six standards on                       of products; (2) new default fan power
                                                     Agency Contact: Catherine Rivest,                       installers in its Manufacturer Impact                   values for rating coil-only units;
                                                   Phone: 202 586–7335, Email:                               Analysis, consistent with its regulatory                revisions to the heating load line in the
                                                   catherine.rivest@ee.doe.gov.                              definition of ‘‘manufacturer,’’ and, as                 calculation of HSPF; and (3)
                                                     RIN: 1904–AD34                                          appropriate, in its analysis of impacts                 amendments to the test procedures for
                                                                                                             on small entities under the Regulatory                  variable speed heat pumps to allow
                                                                                                             Flexibility Act. As part of this                        better representation of their low-
                                                                                                             rulemaking (and consistent with its                     ambient-temperature performance,
                                                   DEPARTMENT OF ENERGY (DOE)
                                                                                                             obligations under the settlement                        including an optional 5 °F heating mode
                                                   Energy Efficiency and Renewable Energy                    agreement), DOE provided an                             test.
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                                                   (EE)                                                      opportunity for all interested parties to                  Completed:
                                                   Completed Actions                                         submit comments concerning any
                                                                                                             proposed standards.                                             Reason         Date        FR Cite
                                                   223. Energy Conservation Standards for
                                                                                                                Completed:                                           Final Rule Effec-     07/08/17
                                                   Walk-In Coolers And Walk-In Freezers
                                                                                                                                                                       tive.
                                                     E.O. 13771 Designation: Regulatory.                            Reason                Date          FR Cite      Final Rule; Delay     02/02/17   82 FR 8985
                                                     Legal Authority: 42 U.S.C. 6311; 42                                                                               of Effective
                                                   U.S.C. 6313(f)                                            Final Action .........   07/10/17        82 FR 31808      Date.



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                                                                            Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda                                                    1857

                                                         Reason              Date           FR Cite        in cooler and freezer equipment, and                       Legal Authority: 15 U.S.C. 717b(a); 42
                                                                                                           establishing labeling requirements that                 U.S.C. 7151(b), 7172(f), and 7254
                                                   Final Rule; Delay        03/21/17                       will aid manufacturers in determining                      Abstract: This rule would revise DOE
                                                     of Effective                                          which components would be considered
                                                     Date Effective.                                                                                               regulations implementing section 3(a) of
                                                                                                           for compliance purposes as intended for                 the Natural Gas Act, 15 U.S.C. 717b(a),
                                                   Final Rule; Fur-         03/21/17     82 FR 14425       walk-in cooler and freezer applications.
                                                     ther Delay of                                                                                                 for ‘‘qualifying small-scale’’ exports of
                                                     Effective Date.
                                                                                                           The rule also adds certain equipment-
                                                                                                                                                                   natural gas, including liquefied natural
                                                   Final Rule; Cor-         03/29/17     82 FR 15457       specific definitions, removes the test
                                                                                                           method for refrigeration systems with                   gas. Under this rule, DOE would issue
                                                     rection to De-
                                                                                                           hot gas defrost, and includes a method                  an order upon receipt of any application
                                                     layed Effective
                                                     Date.                                                 to accommodate refrigeration equipment                  that seeks to export natural gas to non-
                                                   Final Rule; Fur-         07/03/17                       that use adaptive defrost and on-cycle                  FTA countries, provided the application
                                                     ther Delay of                                         variable-speed evaporator fan control.                  meets the criteria for small-scale
                                                     Effective Date                                          Completed:                                            exports. In promulgating this rule, DOE
                                                     Effective.                                                                                                    would clarify its interpretation of
                                                                                                                  Reason                Date          FR Cite      ‘‘public interest’’ under NGA section
                                                     Regulatory Flexibility Analysis                                                                               3(a). The intent of the rule is to improve
                                                   Required: Yes.                                          Final Rule ............   12/28/16       81 FR 95758
                                                     Agency Contact: Ashley Armstrong,                                                                             DOE’s application procedures related to
                                                                                                           Final Rule Effec-         01/27/17                      natural gas exports, reduce the
                                                   Phone: 202 586–6590, Email:                               tive.
                                                   ashley.armstrong@ee.doe.gov.                            Final Rule; Delay         03/21/17       82 FR 8805     administrative burdens associated with
                                                     RIN: 1904–AD71                                          of Effective                                          the small-scale natural gas export
                                                                                                             Date.                                                 market, and result in more efficient
                                                   225. Energy Conservation Program: Test                  Final Rule; Delay         03/21/17                      processing of applications for small-
                                                   Procedures for Walk-In Cooler and                         of Effective                                          scale natural gas exports.
                                                   Freezer Refrigeration Systems                             Date Effective.
                                                                                                           Final Rule; Fur-          03/21/17       82 FR 14426       Timetable:
                                                     E.O. 13771 Designation: Other.
                                                     Legal Authority: 42 U.S.C. 6311 et seq.                 ther Delay of
                                                                                                             Effective Date.                                               Action             Date        FR Cite
                                                     Abstract: DOE established a Working
                                                   Group to negotiate amended energy                       Final Rule; Fur-          06/26/17
                                                                                                             ther Delay of                                         NPRM ..................   09/01/17   82 FR 41570
                                                   conservation standards for six classes of                 Effective Date                                        NPRM Comment              10/16/17
                                                   walk-in cooler and freezer (walk-in)                      Effective.                                              Period End.
                                                   refrigeration systems. After holding a                                                                          Final Action .........    02/00/18
                                                   series of meetings as part of a negotiated                Regulatory Flexibility Analysis
                                                   rulemaking, the Working Group                           Required: Yes.
                                                   developed a Term Sheet containing a                                                                               Regulatory Flexibility Analysis
                                                                                                             Agency Contact: Ashley Armstrong,                     Required: No.
                                                   series of recommendations regarding                     Phone: 202 586–6590, Email:
                                                   potential energy conservation standards                                                                           Agency Contact: Betsy Kohl, Attorney
                                                                                                           ashley.armstrong@ee.doe.gov.
                                                   for these refrigeration systems and the                                                                         Advisor, Department of Energy, 1000
                                                                                                             RIN: 1904–AD72
                                                   current test procedure for evaluating the                                                                       Independence Avenue SW, Room 6A–
                                                   energy efficiency of a walk-in                                                                                  179, Washington, DC 20585, Phone: 202
                                                   refrigeration system. This rulemaking                                                                           586–7796, Email: elizabeth.kohl@
                                                   proposed several test procedure                         DEPARTMENT OF ENERGY (DOE)                              hq.doe.gov.
                                                   amendments to implement these
                                                   recommendations. These amendments                       Departmental and Others (ENDEP)                           RIN: 1901–AB43
                                                   include certain changes to improve test                 Final Rule Stage                                        [FR Doc. 2017–28209 Filed 1–11–18; 8:45 am]
                                                   procedure clarity, updating related                                                                             BILLING CODE 6450–01–P
                                                   certification and enforcement provisions                226. Smal-Scale Natural Gas Exports
                                                   to address the performance-based                        (Section 610 Review)
                                                   energy conservation standards for walk-                    E.O. 13771 Designation: Deregulatory.
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Document Created: 2018-10-26 09:53:05
Document Modified: 2018-10-26 09:53:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
FR Citation83 FR 1854 

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