Unified Agenda of Federal Regulatory and Deregulatory Actions

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Federal RegisterJun 9, 2016
81 Fed. Reg. 37287 (Jun. 9, 2016)

AGENCY:

Department of Energy.

ACTION:

Semi-annual regulatory agenda.

SUMMARY:

The Department of Energy (DOE) has prepared and is making available its portion of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda) 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 the Energy Independence and Security Act of 2007, 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 Spring 2016 Agenda can be accessed online by going to www.reginfo.gov. Agenda entries reflect the status of activities as of approximately May 31, 2016.

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 five rulemakings setting energy efficiency standards for the following products:

  • General Service Lamps
  • Walk-In Coolers and Freezers
  • Commercial Packaged Boilers
  • Cooking Products
  • Residential Furnaces
  • Miscellaneous Refrigeration Equipment

P. Croley,

General Counsel.

Energy Efficiency and Renewable Energy—Proposed Rule Stage

Sequence No. Title Regulation Identifier No.
91 Energy Conservation Standards for Commercial Packaged Boilers 1904-AD01
92 Energy Conservation Standards for General Service Lamps 1904-AD09

Energy Efficiency and Renewable Energy—Final Rule Stage

Sequence No. Title Regulation Identifier No.
93 Test Procedures for Light-Emitting Diode Lamps 1904-AC67
94 Energy Efficiency Standards for Residential Dehumidifiers 1904-AC81
95 Energy Conservation Standards for Commercial Warm Air Furnaces 1904-AD11
96 Energy Conservation Standards for Ceiling Fans 1904-AD28

Energy Efficiency and Renewable Energy—Completed Actions

Sequence No. Title Regulation Identifier No.
97 Energy Conservation Standards for Commercial and Industrial Pumps 1904-AC54
98 Energy Conservation Standards for Residential Ceiling Fan Light Kits 1904-AC87
99 Energy Conservation Standards for Residential Boilers 1904-AC88
100 Standards for Refrigerated Bottled or Canned Beverage Vending Machines 1904-AD00
101 Energy Conservation Standards for Commercial Pre-Rinse Spray Valves 1904-AD31

Defense and Security Affairs—Proposed Rule Stage

Sequence No. Title Regulation Identifier No.
102 Chronic Beryllium Disease Prevention Program 1992-AA39
103 Workplace Substance Abuse Programs at DOE Sites 1992-AA53

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Proposed Rule Stage

91. Energy Conservation Standards for Commercial Packaged Boilers

Legal Authority: 42 U.S.C. 6313(a)(6)(C)

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.

Timetable:

78 FR 4920278 FR 5419779 FR 6906680 FR 51487
Action Date FR Cite
Notice of Proposed Determination (NOPD) 08/13/13
NOPD Comment Period End 09/12/13
Notice of Public Meeting and Framework Document Availability 09/03/13
Framework Document Comment Period End 10/18/13
Notice of Public Meeting and Preliminary Analysis 11/20/14
Preliminary Analysis Comment Period End 01/20/15
Withdrawal of NOPD 08/25/15
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

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: James Raba, Office of Building Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 586-8654, Email: jim.raba@ee.doe.gov.

RIN: 1904-AD01

92. Energy Conservation Standards for General Service Lamps

Legal Authority: 42 U.S.C. 6295(i)(6)(A) and (B)

Abstract: Amendments to Energy Policy and Conservation Act (EPCA) in the Energy Independence and Security Act of 2007 direct DOE to conduct two rulemaking cycles to evaluate energy conservation standards for GSLs, the first of which must be initiated no later than January 1, 2014. EPCA specifically states that the scope of the rulemaking is not limited to incandescent lamp technologies. EPCA also states that DOE must consider in the first rulemaking cycle the minimum backstop requirement of 45 lumens per watt for general service lamps (GSLs) effective January 1, 2020. This rulemaking constitutes DOE's first rulemaking cycle.

Timetable:

78 FR 7373779 FR 73503
Action Date FR Cite
Framework Document Availability; Notice of Public Meeting 12/09/13
Framework Document Comment Period End 01/23/14
Framework Document Comment Period Extended 01/23/14 79 FR 3742
Framework Document Comment Period Extended End 02/07/14
Preliminary Analysis; Notice of Public Meeting 12/11/14
Preliminary Analysis Comment Period End 02/09/15
Preliminary Analysis Comment Period Extended 01/30/15 80 FR 5052
Preliminary Analysis Comment Period Extended End 02/23/15
Notice of Public Meeting; Webinar 03/15/16 81 FR 13763
NPRM 03/17/16 81 FR 14528
NPRM Comment Period End 05/16/16
Final Action 12/00/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Lucy DeButts, Office of Buildings Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 287-1604 Email: lucy.debutts@ee.doe.gov.

RIN: 1904-AD09

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Final Rule Stage

93. Test Procedures for Light-Emitting Diode Lamps

Legal Authority: 42 U.S.C. 6294(a)(6); 42 U.S.C. 6293

Abstract: EPCA, as amended by EISA 2007, requires the Secretary to create test procedures for light emitting diode (LED) lamps that accurately represent the energy consumption of this product. This rulemaking is supporting the implementation by the Federal Trade Commission of labeling provisions under 42 U.S.C. 6294(a)(6), as well as the ongoing general service lamps rulemaking, which includes LED lamps.

Timetable:

77 FR 2103879 FR 3201979 FR 36242
Action Date FR Cite
NPRM 04/09/12
NPRM Comment Period End 06/25/12
Supplemental NPRM 06/03/14
Supplemental NPRM Comment Period End 08/04/14
Second Supplemental NPRM 06/26/14
Second Supplemental NPRM Comment Period End 08/04/14
Third Supplemental NPRM 07/09/15 80 FR 39644
Third Supplemental NPRM Comment Period End 08/10/15
Final Action 07/00/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Lucy DeButts, Office of Buildings Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 287-1604, Email: lucy.debutts@ee.doe.gov.

RIN: 1904-AC67

94. Energy Efficiency Standards for Residential Dehumidifiers

Legal Authority: 42 U.S.C. 6295(m) and (cc)

Abstract: EPCA requires the Secretary to determine whether updating the statutory energy conservation standards for residential dehumidifiers is technically feasible and economically justified and would result in significant energy savings. If these criteria are met, the Secretary will issue amended energy conservation standards.

Timetable:

77 FR 4973979 FR 29380
Action Date FR Cite
Notice of Public Meeting and Framework Document Availability 08/17/12
Framework Document Comment Period Extended 08/28/12 77 FR 51943
Framework Document Comment Period Extended End 10/17/12
Notice of Public Meeting and Preliminary Analysis 05/22/14
Preliminary Analysis Comment Period End 07/21/14
NPRM 06/03/15 80 FR 31646
NPRM Comment Period End 08/03/15
Final Action 05/00/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John Cymbalsky, Office of Building Technologies Program, 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-AC81

95. Energy Conservation Standards for Commercial Warm Air Furnaces

Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi); 42 U.S.C. 6316; 42 U.S.C. 6295(p)(4)

Abstract: EPCA, as amended by AEMTCA, requires the Secretary to determine whether updating the statutory energy conservation standards for commercial warm air furnaces 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 this type of equipment. On April 1, 2015, DOE published a notice announcing the creation of a working group under the Appliance Standards Federal Rulemaking Advisory Committee (ASRAC). (80 FR 17363) to potentially develop negotiated standards. DOE has since published a direct final rule and supplemental notice of proposed rulemaking that embodies the standards-related aspects of the recommendations submitted to (and approved by) ASRAC.

Timetable:

78 FR 2562780 FR 1736380 FR 2619981 FR 2111
Action Date FR Cite
Request for Information (RFI) 05/02/13
RFI Comment Period End 06/03/13
NPRM 02/04/15 80 FR 6182
NPRM Comment Period End 04/06/15
Notice of Intent to Form Working Group 04/01/15
Notice of Public Meeting for Working Group 05/07/15
Direct Final Rule 01/15/16 81 FR 2420
Supplemental NPRM 01/15/16
Direct Final Rule and SNPRM Comment Period End 05/04/16
Direct Final Rule Effective 05/16/16
Final Action 06/00/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John Cymbalsky, Office of Building Technologies Program, 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-AD11

96. Energy Conservation Standards For Ceiling Fans

Legal Authority: 42 U.S.C. 6295(ff)

Abstract: EPCA authorizes the Secretary to determine whether updating the statutory energy conservation standards for ceiling fans is technically feasible and economically justified and would result in significant energy savings. If these criteria are met, the Secretary may issue amended energy conservation standards for ceiling fans.

Timetable:

Action Date FR Cite
NPRM 01/13/16 81 FR 1688
NPRM Comment Period End 03/14/16
NPRM Comment Period Extended 03/15/16 81 FR 13763
NPRM Comment Period Extended End 04/14/16
Final Action 07/00/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Lucy DeButts, Office of Buildings Technologies Program, EE-5B, Department of Energy, Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 287-1604, Email: lucy.debutts@ee.doe.gov.

RIN: 1904-AD28

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Completed Actions

97. Energy Conservation Standards for Commercial and Industrial Pumps

Legal Authority: 42 U.S.C. 6311(1)(A)

Abstract: EPCA, as amended, authorizes the Secretary to determine whether establishing energy conservation standards for commercial and industrial pumps is technically feasible and economically justified and would save a significant amount of energy. On June 13, 2013, DOE published a notice of intent to establish a negotiated rulemaking working group for the commercial and industrial pumps rulemaking under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed Federal standards for the energy efficiency of commercial and industrial pumps (78 FR 44036). The purpose of the working group was to discuss and, if possible, reach consensus on a proposed rule for the energy efficiency of commercial and industrial pumps. The working group negotiated standard levels that were accepted by ASRAC on July 7, 2014. As a result, DOE has proposed to adopt the working groups' recommendations.

Completed:

Reason Date FR Cite
Final Action 01/26/16 81 FR 4368
Final Action Effective 03/28/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov.

RIN: 1904-AC54

98. Energy Conservation Standards for Residential Ceiling Fan Light Kits

Legal Authority: 42 U.S.C. 6295(ff)(5)

Abstract: EPCA authorizes the Secretary to determine whether updating the statutory energy conservation standards for ceiling fan light kits is technically feasible and economically justified and would result in significant energy savings. If the criteria are met, the Secretary may issue amended energy conservation standards for these products.

Completed:

Reason Date FR Cite
Final Action 01/06/16 81 FR 580
Final Action Effective 03/07/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Lucy DeButts, Phone: 202 287-1604, Email: lucy.debutts@ee.doe.gov.

RIN: 1904-AC87

99. Energy Conservation Standards for Residential Boilers

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: EPCA, as amended by EISA 2007, requires the Secretary to determine whether updating the statutory energy conservation standards for residential boilers is technically feasible and economically justified and would result in significant conservation of energy. If justified, the Secretary will issue amended energy conservation standards for residential boilers.

Completed:

Reason Date FR Cite
Final Action 01/15/16 81 FR 2320
Final Action Effective 03/15/16
Final Action; Technical Correction 01/27/16 81 FR 4574
Final Action; Technical Correction Effective 01/27/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov.

RIN: 1904-AC88

100. Standards for Refrigerated Bottled or Canned Beverage Vending Machines

Legal Authority: 42 U.S.C. 6295(m)(1)

Abstract: EPCA, as amended by AEMTCA 2012, requires the Secretary to determine whether updating the statutory energy conservation standards for refrigerated beverage vending machines is technologically feasible and economically justified. The Secretary issued amended energy conservation standards on January 8, 2016.

Completed:

81 FR 24009
Reason Date FR Cite
Final Action 01/08/16 81 FR 1028
Final Action Effective 03/08/16
Final Rule; Correcting Amendment 04/25/16
Final Rule; Correcting Amendment Effective 04/25/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John Cymbalsky, Phone: 202 287-1692, Email: john.cymbalsky@ee.doe.gov.

RIN: 1904-AD00

101. Energy Conservation Standards for Commercial Pre-Rinse Spray Valves

Legal Authority: 42 U.S.C. 6295(m)

Abstract: EPCA, as amended by EPACT 2005, requires the Secretary to determine whether amending the statutory energy conservation standards for commercial pre-rinse spray valves is technologically feasible and economically justified. If justified, the Secretary will issue amended energy conservation standards for commercial prerinse spray valves.

Completed:

80 FR 69888
Reason Date FR Cite
Notice of Data Availability (NODA) 11/12/15
NODA Comment Period End 12/04/15
Final Action 01/27/16 81 FR 4748
Final Action Effective 03/28/16

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Ashley Armstrong, Phone: 202 586-6590, Email: ashley.armstrong@ee.doe.gov.

RIN: 1904-AD31

DEPARTMENT OF ENERGY (DOE)

Defense and Security Affairs (DSA)

Proposed Rule Stage

102. Chronic Beryllium Disease Prevention Program

Legal Authority: 42 U.S.C. 2201(i)(3), and (p); 42 U.S.C. 2282c; 29 U.S.C. 668; 42 U.S.C. 7107 et seq.; 50 U.S.C. 2401 et seq.; E.O. 12196

Abstract: The Department of Energy is amending its current chronic beryllium disease prevention program regulation. The proposed amendments would improve and strengthen the current provisions and continue to be applicable to DOE Federal and contractor employees who are, were, or potentially were exposed to beryllium at DOE sites.

Timetable:

Action Date FR Cite
NPRM 05/00/16
NPRM Comment Period End 07/00/16
Final Action 07/00/17

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Jacqueline D. Rogers, Industrial Hygienist, AU-11, Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 586-4714, Email: jackie.rogers@hq.doe.gov.

RIN: 1992-AA39

103. • Workplace Substance Abuse Programs at Doe Sites

Legal Authority: 41 U.S.C. 701 et seq.; 41 U.S.C. 2012, 2013, 2051, 2061, 2165, 2201b, 2201i, and 2201p; 42 U.S.C. 5814 and 5815; 42 U.S.C. 7151, 7251, and 7256; 50 U.S.C. 2401 et seq.

Abstract: The Department of Energy is amending its regulation related to workplace substance abuse programs at DOE sites. The proposed amendments would address drug and alcohol abuse; testing workers in certain sensitive positions; development and approval of a workplace substance abuse program; employee assistance programs; and training. The proposed amendments would improve and strengthen the substance abuse programs; and enhance consistency with advances in similar rules and other Federal drug and alcohol programs that place similar requirements on the private sector.

Timetable:

Action Date FR Cite
NPRM 12/00/16
NPRM Comment Period End 03/00/17
Final Action 12/00/17

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Jacqueline D. Rogers, Industrial Hygienist, AU-11, Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, Phone: 202 586-4714, Email: jackie.rogers@hq.doe.gov.

RIN: 1992-AA53

[FR Doc. 2016-12903 Filed 6-8-16; 8:45 am]

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