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Proposed Rule2024-00452

Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions

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Published

February 9, 2024

Issuing agencies

Energy Department

Abstract

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), including its Regulatory Plan (Plan), pursuant to Executive Order (E.O.) 12866, "Regulatory Planning and Review," as reaffirmed and amended in E.O. 13563, "Improving Regulation and Regulatory Review," and E.O. 14094, "Modernizing Regulatory Review," and the Regulatory Flexibility Act.

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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9572-9576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00452]

[[Page 9571]]

Vol. 89

Friday,

No. 28

February 9, 2024

Part VII

Department of Energy

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Semiannual Regulatory Agenda

Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda

[[Page 9572]]

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DEPARTMENT OF ENERGY

10 CFR Chs. II, III, and X

48 CFR Ch. 9

Fall 2023 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 semi-annual Unified Agenda of Federal
Regulatory and Deregulatory Actions (Agenda), including its Regulatory
Plan (Plan), pursuant to Executive Order (E.O.) 12866, ``Regulatory
Planning and Review,'' as reaffirmed and amended in E.O. 13563,
``Improving Regulation and Regulatory Review,'' and E.O. 14094,
``Modernizing Regulatory 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 Policy and
Conservation Act, as amended, 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 2023 Regulatory Agenda can be accessed
online by going to <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
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. 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.

Samuel Walsh,
General Counsel.

Energy Efficiency and Renewable Energy--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
302....................... Energy Conservation 1904-AD20
Standards for Residential
Non-Weatherized Gas
Furnaces and Mobile Home
Gas Furnaces.
303....................... Energy Conservation 1904-AD91
Standards for Consumer
Water Heaters (Reg Plan
Seq No. 46).
304....................... Energy Conservation 1904-AD98
Standards for Consumer
Clothes Washers.
305....................... Energy Conservation 1904-AE82
Standards for Consumer
Boilers.
306....................... Energy Conservation 1904-AF00
Standards for
Miscellaneous Residential
Refrigeration.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Energy Efficiency and Renewable Energy--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
307....................... Energy Conservation 1904-AD15
Standards for Residential
Conventional Cooking
Products.
308....................... Energy Conservation 1904-AD34
Standards for Commercial
Water Heating-Equipment.
309....................... Energy Conservation 1904-AF01
Standards: Computer Room
Air Conditioners.
310....................... Energy Conservation 1904-AF27
Standards for Dedicated-
Purpose Pool Pump Motors.
311....................... Energy Conservation 1904-AF32
Standards for 3-Phase,
Small Commercial Package
Air Conditioning and
Heating Equipment With a
Cooling Capacity of Less
Than 65,000 Btu/h.
------------------------------------------------------------------------

Departmental and Others--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
312....................... Statutory Updates to the 1901-AB60
Advanced Technology
Vehicles Manufacturing
Incentive Program.
------------------------------------------------------------------------

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Final Rule Stage

302. Energy Conservation Standards for Residential Non-Weatherized Gas
Furnaces and Mobile Home Gas Furnaces [1904-AD20]

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, as amended,
(EPCA) prescribes energy conservation standards for various consumer
products and certain commercial and industrial equipment, including the
residential furnaces which are the subject of this rulemaking. (42
U.S.C. 6292(a)(5)) EPCA also requires the U.S. Department of Energy
(DOE) to determine whether more-stringent amended standards would be
technologically feasible and economically justified and would save a
significant amount of energy (42 U.S.C. 6295(o)(2)(A) and (3)(B)). EPCA
specifically provides that DOE must conduct two rounds of energy
conservation standards rulemakings for the residential furnaces at
issue (42 U.S.C. 6295(f)(4)(B) and (C)), and the statute also requires
that not later than six years after issuance of any final rule
establishing or amending a standard, DOE must publish either a notice
of determination that standards for the product does not need to be
amended, or a notice of proposed rulemaking (NOPR) including new
proposed energy conservation standards (42 U.S.C. 6295(m)(1)). This
rulemaking is being undertaken pursuant to the statutorily-required
second round of rulemaking for

[[Page 9573]]

non-weatherized gas furnaces (NWGFs) and mobile home gas furnaces
(MHGFs), and once completed, it will also satisfy the statutorily-
required six-year-lookback review. In the July 7, 2022 NOPR, DOE
proposes amended and new energy conservation standards for NWGFs and
MHGFs pursuant to a court-ordered remand of DOE's 2011 rulemaking for
these products and other statutory requirements. 87 FR 40590.
Specifically, the NOPR proposes amended active mode annual fuel
utilization efficiency (AFUE) standards at 95 percent for both NWGFs
and MHGFs. It also proposes amended standby mode and off mode standards
(in watts) at 8.5 watts for both NWGFs and MHGFs. If finalized, the
proposed standards would apply to all NWGFs and MHGFs manufactured in,
or imported into, the United States starting on the date five years
after the publication of the final rule for this rulemaking.
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
Notice of NPRM Withdrawal........... 01/15/21 86 FR 3873
NPRM................................ 07/07/22 87 FR 40590
NPRM Comment Period Extended, NODA 08/30/22 87 FR 52861
and Notice of Public Meeting.
NPRM Comment Period Extended End.... 10/06/22
Final Action........................ 11/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Hegarty, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737,
Email: <a href="/cdn-cgi/l/email-protection#472d322b2e26692f22202635333e0722226923282269202831">[email&#160;protected]</a>.
RIN: 1904-AD20

303. Energy Conservation Standards for Consumer Water Heaters [1904-
AD91]

Regulatory Plan: This entry is Seq. No. 46 in part II of this issue
of the Federal Register.
RIN: 1904-AD91

304. Energy Conservation Standards for Consumer Clothes Washers [1904-
AD98]

Legal Authority: 42 U.S.C. 6295(g); 42 U.S.C. 6295(m)
Abstract: Consistent with the requirements under the Energy Policy
and Conservation Act (EPCA), as amended, the U.S. Department of Energy
(DOE) is examining whether to amend the current energy conservation
standards for consumer clothes washers found at 10 CFR 430.32(g). To
this end, DOE must determine whether standards more stringent than
those currently in place would result in a significant amount of energy
savings and whether such amended standards would be technologically
feasible and economically justified. DOE has tentatively proposed
standards that represent the maximum improvement in energy efficiency
that is technologically feasible and economically justified, and would
result in the significant conservation of energy. Specifically, with
regards to technological feasibility, products achieving these standard
levels are already commercially available for all product classes
covered by this proposal. As for economic justification, DOE's analysis
shows that the benefits of the proposed standard exceed the burdens.
Once completed, this rulemaking will fulfill DOE's statutory obligation
to either propose amended standards for this product or determine that
the standards do not need to be amended.
Additionally, EPCA directs DOE to provide interested persons an
opportunity to present oral and written comments on matters related to
any energy conservation standard proposed rule. To satisfy this
requirement, DOE held an initial public meeting in November 2021 to
discuss preliminary materials and a second meeting in March 2023 to
specifically discuss the proposed rule. DOE intends address any
feedback provided during the March 2023 public meeting in subsequent
materials.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI)....... 08/02/19 84 FR 37794
RFI Comment Period Extended......... 08/26/19 84 FR 44557
RFI Comment Period Extended End..... 10/03/19
RFI Comment Period Reopened......... 10/03/19 84 FR 52818
RFI Comment Period Reopened End..... 10/17/19
Preliminary Analysis and Notice of 09/29/21 86 FR 53886
Webinar.
Public Meeting...................... 11/10/21
Preliminary Analysis Comment Period 10/29/21 86 FR 59889
Extended.
Preliminary Analysis Comment Period 01/27/22
Extended End.
Notice of Data Availability (NODA).. 04/13/22 87 FR 21816
NODA Comment Period End............. 05/13/22
NODA Comment Period Reopened........ 05/19/22 87 FR 30433
NODA Comment Period Reopened End.... 05/27/22
NPRM................................ 03/03/23 88 FR 13520
Public Meeting...................... 03/28/23
NPRM Comment Period Extended........ 05/01/23 88 FR 26511
NPRM Comment Period Extended End.... 05/17/23
Final Action........................ 12/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bryan D. Berringer, Building Technologies Office,
EE-5B, Department of Energy, Energy Efficiency and Renewable Energy,
1000 Independence Avenue SW, Washington, DC 20585, Phone: 202 586-0371,
Email: <a href="/cdn-cgi/l/email-protection#0c6e7e756d62226e697e7e65626b697e4c696922686369226b637a">[email&#160;protected]</a>.
RIN: 1904-AD98

305. Energy Conservation Standards for Consumer Boilers [1904-AE82]

Legal Authority: 42 U.S.C. 6295(m)(1)
Abstract: Consistent with the requirements under the Energy Policy
and Conservation Act (EPCA), as

[[Page 9574]]

amended, the U.S. Department of Energy (DOE) is examining whether to
amend the current energy conservation standards in place for consumer
boilers found at 10 CFR 430.32(e). As a result of this effort, DOE may
propose and adopt more-stringent standards or issue a determination
that no amendments to the current standards are required. To this end,
DOE must determine whether national standards more stringent than those
currently in place would result in a significant amount of energy
savings and whether such amended national standards would be
technologically feasible and economically justified. Once completed,
this rulemaking will fulfill DOE's statutory obligation to either
propose and adopt amended standards for this product or determine that
the existing standards do not need to be amended.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI); Early 03/25/21 86 FR 15804
Assessment Review.
RFI Comment Period End.............. 04/26/21
RFI; Early Assessment Comment Period 04/09/21 86 FR 18478
Extended.
RFI; Early Assessment Comment Period 05/26/21
Extended End.
Notice of Webinar and Availability 05/04/22 87 FR 26304
of Preliminary Technical Support
Document.
Preliminary Technical Support 07/05/22
Document Comment Period End.
NPRM................................ 08/14/23 88 FR 55128
Notice of Public Meeting and Webinar 08/31/23 88 FR 60152
NPRM Comment Period End............. 10/13/23
Final Rule.......................... 07/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Hegarty, Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585, Phone: 240 597-6737,
Email: <a href="/cdn-cgi/l/email-protection#6e041b02070f40060b090f1c1a172e0b0b400a010b40090118">[email&#160;protected]</a>.
RIN: 1904-AE82

306. Energy Conservation Standards for Miscellaneous Residential
Refrigeration [1904-AF00]

Legal Authority: 42 U.S.C. 6292(a)(20); 42 U.S.C. 6295(l); 42
U.S.C. 6295(m)
Abstract: The U.S. Department of Energy (DOE) has initiated an
effort to consider amending the energy conservation standards for
miscellaneous residential refrigeration (e.g., wine coolers and certain
other combination consumer refrigeration products). Once completed,
this rulemaking will fulfill DOE's statutory obligation to either
propose amended energy conservation standards for these products or
determine that the existing standards do not need to be amended. To
this end, DOE must determine whether national standards more stringent
than those currently in place would result in a significant amount of
energy savings and whether such amended national standards would be
technologically feasible and economically justified.
In the notice of proposed rulemaking, DOE proposed standards that
represent the maximum improvement in energy efficiency that is
technologically feasible and economically justified, and would result
in the significant conservation of energy. Specifically, with regards
to technological feasibility products achieving these standard levels
are already commercially available for all product classes covered by
this proposal. As for economic justification, DOE's analysis shows that
the benefits of the proposed standard exceed, to a great extent, the
burdens of the proposed standards.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Request for Information (RFI); Early 12/08/20 85 FR 78964
Assessment Review.
Comment Period End.................. 02/22/21
Notification of Webinar and 01/21/22 87 FR 3229
Availability of Preliminary
Technical Support Document.
Notice of rescheduled public meeting 02/09/22 87 FR 7396
to March 7, 2022.
Preliminary Analysis Comment Period 03/22/22
End.
NPRM................................ 03/31/23 88 FR 19382
NPRM Comment Period End............. 05/30/23
Final Rule.......................... 07/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Lucas Adin, Project Manager, Department of Energy,
Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW,
Mail Stop EE-5B, Washington, DC 20585, Phone: 202 287-5904, Email:
<a href="/cdn-cgi/l/email-protection#ed81988e8c9ec38c898483ad8888c3898288c38a829b">[email&#160;protected]</a>.
RIN: 1904-AF00

DEPARTMENT OF ENERGY (DOE)

Energy Efficiency and Renewable Energy (EE)

Completed Actions

307. Energy Conservation Standards for Residential Conventional Cooking
Products [1904-AD15]

Legal Authority: 42 U.S.C. 6295(m)(1); 42 U.S.C. 6292 (a)(10); 42
U.S.C. 6295(h)
Abstract: The Energy Policy and Conservation Act (EPCA), as amended
by Energy Independence and Security Act of 2007 (EISA), prescribes
energy conservation standards for various consumer products, including
consumer conventional cooking products. EPCA also requires the U.S.
Department of Energy (DOE) to periodically determine whether more
stringent standards would be technologically feasible and economically
justified and would result in a significant conservation of energy. In
this rulemaking, DOE proposes new and amended energy conservation
standards for consumer conventional cooking products and tentatively
concludes that the proposed standards represent the maximum improvement
in energy efficiency that is technologically feasible and economically
justified, and would result in the significant conservation of energy.
On September 25, 2023, the Association of Home Appliance
Manufacturers and efficiency and consumer organizations and utilities,
submitted a joint letter to DOE recommending new and amended efficiency
standards for various home appliances for consideration including for
conventional cooking products. Under the authority provided in 42
U.S.C. 6295(p)(4), DOE is now pursuing this effort through a direct
final rule, see 1904-AF57.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Supplemental NPRM; Extension of 04/17/23
Public Comment Period End.
NODA Comment Period End............. 04/03/23
Withdrawn........................... 11/03/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Carl Shapiro, Phone: 240 315-4339.

[[Page 9575]]

RIN: 1904-AD15

308. Energy Conservation Standards for Commercial Water Heating-
Equipment [1904-AD34]

Legal Authority: 42 U.S.C. 6313(a)(6)(C)(i) and (vi)
Abstract: The U.S. Department of Energy (DOE) has completed a
rulemaking to amend energy conservation standards for commercial water
heaters. Now completed, this rulemaking fulfills DOE's statutory
obligation under the Energy Policy and Conservation Act, as amended,
(EPCA) to either propose amended energy conservation standards for
commercial water heaters and hot water supply boilers (CWHs), 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. In the final rule,
DOE concludes, based on clear and convincing evidence that the
standards adopted are technologically feasible and economically
justified, and would result in significant additional conservation of
energy. Specifically, with regards to technological feasibility, CWH
equipment achieving the adopted standard levels are already
commercially available for all equipment classes covered by the final
rule. As for economic justification, DOE's analysis shows that the
benefits of the proposed standard exceed, to a great extent, the
burdens of the adopted standards.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 10/06/23 88 FR 69686
Final Action Effective.............. 12/05/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Hegarty, Phone: 240 597-6737, Email:
<a href="/cdn-cgi/l/email-protection#18726d74717936707d7f796a6c61587d7d367c777d367f776e">[email&#160;protected]</a>.
RIN: 1904-AD34

309. Energy Conservation Standards: Computer Room Air Conditioners
[1904-AF01]

Legal Authority: 42 U.S.C. 6313(a)6)(A); 42 U.S.C. 6313(a)(6)(C)(i)
Abstract: This rulemaking for Computer Room Air Conditioners
(CRACs) is required under the Energy Policy and Conservation Act
(EPCA), as amended, ASHRAE trigger provision at 42 U.S.C.
6313(a)(6)(A). Under the statute, U.S. Department of Energy (DOE) is
required to either: (1) establish an amended uniform national standard
for this equipment at the minimum level specified in the amended ASHRAE
Standard 90.1; or (2) adopt a more-stringent standard, if supported by
clear and convincing evidence. To adopt a more-stringent standard, the
Secretary must determine, by rule published in the Federal Register,
that adoption of such standard would result in significant additional
conservation of energy and is technologically feasible and economically
justified.
As noted previously, this rulemaking originally started under RIN
1904-AD92, with the publication of a notice of data availability and
request for information addressing CRACs on September 11, 2019 (84 FR
48006). However, ASHRAE 90.1-2019 made additional revisions to the
efficiency levels for CRACs and newly acted to amend the efficiency
levels for 3-Phase Commercial Unitary Air-Cooled Air Conditioners and
Heat Pumps Less Than 65,000 Btu/h. Consequently, DOE had bundled these
two equipment categories in the rulemaking under RIN 1904-AF01. (Note
that the earlier RIN 1904-AD92 also addressed Dedicated Outdoor Air
Systems, but since that equipment category saw no further ASHRAE
action, DOE is moving forward with that equipment category separately
under that RIN.) However, DOE is now addressing consideration of
potential amended energy conservation standards for 3-Phase Commercial
Unitary Air-Cooled Air Conditioners and Heat Pumps Less Than 65,000
Btu/h in a separate rulemaking under RIN 1904-AF32. Consequently, RIN
1904-AF01 is currently limited to consideration of amended energy
conservation standards for CRACs.
In the final rule, DOE is adopting amended energy conservation
standards for CRACs that rely on a new efficiency metric and are
equivalent to those levels specified in ASHRAE Standard 90.1 2019. DOE
has determined that it lacks the clear and convincing evidence required
by the statute to adopt standards more stringent than the levels
specified in the industry standard.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 06/02/23 88 FR 36392
Final Rule Effective................ 08/01/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Troy Watson, Phone: 240 449-9387, Email:
<a href="/cdn-cgi/l/email-protection#384c4a5741164f594c4b5756785d5d165c575d165f574e">[email&#160;protected]</a>.
RIN: 1904-AF01

310. Energy Conservation Standards for Dedicated-Purpose Pool Pump
Motors [1904-AF27]

Legal Authority: 42 U.S.C. 6295(o); 42 U.S.C. 6316(a); 42 U.S.C.
6311(1)(A)
Abstract: The U.S. Department of Energy (DOE) published a final
rule adopting energy conservation standards for dedicated-purpose pool
pump motors (DPPP), which is a category of electric motor. DOE
determined that the standards adopted represent the maximum improvement
in energy efficiency that is technologically feasible and economically
justified, and would result in the significant conservation of energy.
Specifically, equipment are able to achieve these standard levels using
technology options currently available in the DPPPM market. As for
economic justification, DOE's analysis shows that the benefits of the
standards exceed the burdens of the standards.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Action........................ 09/28/23 88 FR 66966
Final Action Effective.............. 11/27/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeremy Dommu, Phone: 202 586-9870, Email:
<a href="/cdn-cgi/l/email-protection#ff959a8d9a9286d19b9092928abf9a9ad19b909ad1989089">[email&#160;protected]</a>.
RIN: 1904-AF27

311. Energy Conservation Standards for 3-Phase, Small Commercial
Package Air Conditioning and Heating Equipment With a Cooling Capacity
of Less Than 65,000 Btu/h [1904-AF32]

Legal Authority: 42 U.S.C. 6313(a)(6)(A); 42 U.S.C.
6313(a)(6)(C)(i)
Abstract: Consistent with the requirements under the Energy Policy
and Conservation Act (EPCA), as amended, the Department of Energy (DOE)
is examining whether to amend the current energy conservation standards
for certain categories of Commercial Air Conditioning and Heating
Equipment found at 10 CFR 431.97. As a result of this effort, DOE may
either propose and adopt: (1) the amended ASHRAE standard 90.1-2019
levels; or (2) more-stringent standards if supported by ``clear and
convincing'' evidence. DOE has proposed amended energy conservation
standards that rely

[[Page 9576]]

on new efficiency metrics and align with the amended efficiency levels
in the industry standard, ASHRAE 90.1-2019. DOE has preliminarily
determined that it lacks clear and convincing evidence required by the
EPCA to adopt standards more stringent than the levels specified in the
industry standard. DOE has also proposed definitions for space-
constrained commercial package air conditioning and heating equipment
and for small-duct, high-velocity commercial package air conditioning
and heating equipment.
In the final rule, DOE is adopting amended energy conservation
standards for air cooled, three-phase, small commercial air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h and air-cooled, three-phase, variable refrigerant flow air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h that rely on new efficiency metrics and align with amended
efficiency levels in the industry standard. For the relevant equipment
classes, DOE has determined that it lacks clear and convincing evidence
required by the statute to adopt standards more stringent than the
levels specified in the industry standard.
Completed:

------------------------------------------------------------------------
Reason Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 06/02/23 88 FR 36368
Final Rule Effective................ 08/01/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Troy Watson, Phone: 240 449-9387, Email:
<a href="/cdn-cgi/l/email-protection#7f0b0d100651081e0b0c10113f1a1a511b101a51181009">[email&#160;protected]</a>.
RIN: 1904-AF32

DEPARTMENT OF ENERGY (DOE)

Departmental and Others (ENDEP)

Final Rule Stage

312. Statutory Updates to the Advanced Technology Vehicles
Manufacturing Incentive Program [1901-AB60]

Legal Authority: 42 U.S.C. 17013(d); 42 U.S.C. 17013(e)
Abstract: The U.S. Department of Energy (DOE) Loan Programs Office
(LPO) intends to issue a direct final rule to amend the regulations
applicable to the Advanced Technology Vehicles Manufacturing (ATVM)
Loan Program authorized by section 136 of the Energy Independence and
Security Act of 2007, as amended (42 U.S.C. 17013) to allow parties to
apply for direct loans in connection with certain categories projects
made eligible for such loans by the Infrastructure Investment and Jobs
Act of 2021 and the Inflation Reduction Act. Relatedly, LPO is also
pursuing another rulemaking effort via 1901-AB55 to address additional
changes for the ATVM Loan Program.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Direct Final Rule................... 12/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Rebecca Limmer, Chief Counsel, Department of
Energy, 1000 Independence Avenue SW, Washington, DC 20585, Phone: 202
586-1174, Email: <a href="/cdn-cgi/l/email-protection#1b697e797e78787a35777276767e695b736a357f747e357c746d">[email&#160;protected]</a>.
RIN: 1901-AB60

[FR Doc. 2024-00452 Filed 2-8-24; 8:45 am]
BILLING CODE 6450-01-P

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