Proposed Rule2025-06330
Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Certain Commercial/Industrial Equipment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 17, 2025
Issuing agencies
Energy Department
Abstract
As part of its implementation of the Executive order, "Unleashing American Energy" (Jan. 20, 2025), the Department of Energy (DOE or the Department) is seeking comments and information from interested parties to assist DOE in identifying potential modifications to its procedures, interpretations, and policies for considering new or revised energy conservation standards and test procedures for consumer products and certain commercial and industrial equipment (i.e., the "Process Rule"). DOE is initiating this effort through this request for information to ensure consistency with recently issued Executive Orders, while continuing to satisfy the Department's statutory obligations in the development of appliance and equipment standards under the Energy Policy and Conservation Act (EPCA). Subsequently, DOE expects to expeditiously publish a notice of proposed rulemaking (NOPR) that proposes potential changes to the Process Rule and that will also provide feedback on the public comment received in response to this document and seek additional information on other potential improvements.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 73 (Thursday, April 17, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 73 (Thursday, April 17, 2025)]
[Proposed Rules]
[Pages 16093-16101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06330]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 90, No. 73 / Thursday, April 17, 2025 /
Proposed Rules
[[Page 16093]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2025-BT-STD-0001]
RIN 1904-AF72
Energy Conservation Program: Procedures, Interpretations, and
Policies for Consideration of New or Revised Energy Conservation
Standards and Test Procedures for Consumer Products and Certain
Commercial/Industrial Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: As part of its implementation of the Executive order,
``Unleashing American Energy'' (Jan. 20, 2025), the Department of
Energy (DOE or the Department) is seeking comments and information from
interested parties to assist DOE in identifying potential modifications
to its procedures, interpretations, and policies for considering new or
revised energy conservation standards and test procedures for consumer
products and certain commercial and industrial equipment (i.e., the
``Process Rule''). DOE is initiating this effort through this request
for information to ensure consistency with recently issued Executive
Orders, while continuing to satisfy the Department's statutory
obligations in the development of appliance and equipment standards
under the Energy Policy and Conservation Act (EPCA). Subsequently, DOE
expects to expeditiously publish a notice of proposed rulemaking (NOPR)
that proposes potential changes to the Process Rule and that will also
provide feedback on the public comment received in response to this
document and seek additional information on other potential
improvements.
DATES: Written comments and information are requested and will be
accepted on or before June 2, 2025.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2025-BT-STD-0001. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-STD-0001 and/or regulatory
information number (RIN) 1904-AF72, by any of the following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#0c5c7e636f697f7f5e7960693e3c3e395f58483c3c3c3d4c696922686369226b637a"><span class="__cf_email__" data-cfemail="81d1f3eee2e4f2f2d3f4ede4b3b1b3b4d2d5c5b1b1b1b0c1e4e4afe5eee4afe6eef7">[email protected]</span></a>. Include the docket
number EERE-2025-BT-STD-0001 and/or RIN 1904-AF72 in the subject line
of the message. Submit electronic comments in WordPerfect, Microsoft
Word, PDF, or ASCII file format, and avoid the use of special
characters or any form of encryption.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. If possible,
please submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 1000
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III (Public Participation) of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2025-BT-STD-0001">www.regulations.gov/docket/EERE-2025-BT-STD-0001</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section III of this document for information on how to submit comments
through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-5904. Email: <a href="/cdn-cgi/l/email-protection#f5b48585999c949b9690a681949b9194879186a4809086819c9a9b86b59090db919a90db929a83"><span class="__cf_email__" data-cfemail="1e5f6e6e72777f707d7b4d6a7f707a7f6c7a6d4f6b7b6d6a7771706d5e7b7b307a717b30797168">[email protected]</span></a>.
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: <a href="/cdn-cgi/l/email-protection#3b6b5e4f5e491578545853495a557b534a155f545e155c544d"><span class="__cf_email__" data-cfemail="6333061706114d200c000b11020d230b124d070c064d040c15">[email protected]</span></a>.
For further information on how to submit a comment, or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#105160607c79717e73754364717e74716274634165756364797f7e635075753e747f753e777f66"><span class="__cf_email__" data-cfemail="9edfeeeef2f7fff0fdfbcdeafff0faffecfaedcfebfbedeaf7f1f0eddefbfbb0faf1fbb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Background
II. Request for Information
A. Consumer Choice in Appliances
B. Reduction of Regulatory Burden
C. Promoting Market Competition and Innovation
D. Analysis of Costs and Benefits
E. Public Comment and Review
F. Prioritizing Accuracy in Environmental Analyses
G. Other Topics
1. Satisfaction of Statutory Criteria
2. Rulemaking Timelines
3. Mandatory Application of Process Rule
III. Public Participation
IV. Approval of the Office of the Secretary
I. Introduction
On January 20, 2025, the President issued Executive Order 14154,
``Unleashing American Energy'' (E.O. 14154). 90 FR 8353 (Jan. 29,
2025). That order stated the policy of the United States with regard to
energy production and management. Among the stated elements of this
policy are to safeguard the American people's freedom to choose from a
variety of goods and appliances, including but not limited to
lightbulbs, dishwashers, washing machines, gas stoves, water heaters,
[[Page 16094]]
toilets, and shower heads, and to promote market competition and
innovation within the manufacturing and appliance industries; to ensure
that the global effects of a rule, regulation, or action shall,
whenever evaluated, be reported separately from its domestic costs and
benefits, in order to promote sound regulatory decision making and
prioritize the interests of the American people; and to guarantee that
all executive departments and agencies (agencies) provide opportunity
for public comment and rigorous, peer-reviewed scientific analysis. The
Executive order also specifies policies for prioritizing accuracy in
environmental analyses, specifically instructing that for Federal
regulatory processes, ``all agencies shall adhere to only the relevant
legislated requirements for environmental considerations, and any
considerations beyond those requirements are eliminated.'' The
Executive order also provides instructions regarding consideration of
greenhouse gas emissions and the ``social cost of carbon.''
To implement E.O. 14154, the Department, among other actions, is
evaluating existing policy regarding its approach for consideration of
new or amended energy conservation standards and test procedures for
consumer products and certain commercial and industrial equipment. In
this request for information (RFI), DOE is seeking public comment on
how best to achieve the objectives enumerated in E.O. 14154, while
continuing to satisfy the Department's statutorily-prescribed
obligations. DOE intends to use the responses to this RFI in the
development of revisions to the Procedures, Interpretations, and
Policies for Consideration of New or Revised Energy Conservation
Standards and Test Procedures for Consumer Products and Certain
Commercial/Industrial Equipment, codified at 10 CFR part 430, subpart
C, appendix A, (``appendix A'' or the Process Rule), which DOE
generally uses to prescribe energy conservation standards and test
procedures for both consumer products and commercial equipment pursuant
to the Energy Policy and Conservation Act of 1975, as amended (Pub. L.
94-163; 42 U.S.C. 6291, et seq.; ``EPCA'').
In this RFI, DOE seeks comments and information on potential
improvements to the Process Rule. In the paragraphs that follow, DOE
lists issue areas on which it is particularly interested in receiving
comments. DOE developed these issue areas based on E.O. 14154, feedback
received in response to previous regulatory reform efforts related to
the Process Rule, and on DOE's experience in promulgating standards
using the procedures set out in the rule. In addition to the specific
issues listed in this RFI, DOE welcomes comment on all other aspects of
the Process Rule that interested parties believe could be improved or
maintained. DOE intends to provide additional opportunities for public
feedback if DOE moves forward to effectuate improvements to the Process
Rule.
A. Authority
Title III, parts B \1\ and C \2\ of EPCA, Public Law 94-163 (42
U.S.C. 6291-6317, as codified), established the Energy Conservation
Program for Consumer Products and Certain Industrial Equipment.\3\
Under EPCA, DOE's energy conservation program for covered products
consists essentially of four parts: (1) testing; (2) certification and
enforcement procedures; (3) establishment of Federal energy
conservation standards; and (4) labeling. Subject to certain criteria
and conditions, DOE is required to develop test procedures to measure
the energy efficiency, energy use, water use (as applicable), or
estimated annual operating cost of each covered product and covered
equipment during a representative average use cycle or period of use.
(42 U.S.C. 6293; 42 U.S.C. 6314) Manufacturers of covered products and
covered equipment must use the prescribed DOE test procedure when
certifying to DOE that their products and equipment comply with the
applicable energy conservation standards adopted under EPCA and when
making any other representations to the public regarding the energy use
or efficiency of those products. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s);
42 U.S.C. 6314(a); and 42 U.S.C. 6316(a)) Similarly, DOE must use these
test procedures to determine whether the products comply with energy
conservation standards adopted pursuant to EPCA. (42 U.S.C. 6295(s); 42
U.S.C. 6316(a))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
part B was redesignated part A.
\2\ Part C was added by Public Law 95-619, title IV, Sec.
441(a). For editorial reasons, upon codification in the U.S. Code,
part C was redesignated part A-1.
\3\ All references to EPCA in this document refer to the statute
as amended through Energy Act of 2020, Public Law 116-260 (Dec. 27,
2020), which reflects the last statutory amendments that impact
parts A and A-1 of EPCA.
---------------------------------------------------------------------------
In addition, pursuant to EPCA, any new or amended energy
conservation standard for covered products (and at least certain types
of equipment) must be designed to achieve the maximum improvement in
energy efficiency that is technologically feasible and economically
justified. (42 U.S.C. 6295(o)(2)(A); 42 U.S.C. 6316(a)) In determining
whether a standard is economically justified, EPCA requires DOE, to the
greatest extent practicable, to consider the following seven factors:
(1) The economic impact of the standard on the manufacturers and
consumers; (2) the savings in operating costs, throughout the estimated
average life of the products (i.e., life-cycle costs), compared with
any increase in the price of, or in the initial charges for, or
operating and maintaining expenses of, the products which are likely to
result from the imposition of the standard; (3) the total projected
amount of energy, or as applicable, water, savings likely to result
directly from the standard; (4) any lessening of the utility or the
performance of the products likely to result from the standard; (5) the
impact of any lessening of competition, as determined in writing by the
Attorney General, that is likely to result from the standard; (6) the
need for national energy and water conservation; and (7) other factors
DOE finds relevant. (42 U.S.C. 6295(o)(2)(B)(i)) Furthermore, the new
or amended standard must result in a significant conservation of energy
(42 U.S.C. 6295(o)(3)(B); 42 U.S.C. 6313(a)(6); and 42 U.S.C. 6316(a))
and comply with any other applicable statutory provisions.
B. Background
In July of 1996, DOE published a final rule in the Federal Register
that codified DOE's ``Procedures, Interpretations and Policies for
Consideration of New or Revised Energy Conservation Standards for
Consumer Products'' at appendix A. 61 FR 36974 (July 15, 1996) (1996
Final Rule). The goal of the Process Rule was to increase transparency
by elaborating on the procedures, interpretations, and policies that
would guide the Department in establishing new or revised energy
conservation standards for consumer products.
On February 14, 2020, DOE published a final rule in the Federal
Register (February 2020 Final Rule) that significantly revised the
Process Rule. 85 FR 8626. This rule made the specified rulemaking
procedures binding on DOE and revised certain provisions to bring
consistency with existing statutory requirements. Other changes
included expanding early opportunities for public input on the
Appliance Program's priority setting and rulemaking activities, setting
a significant energy savings threshold for updating standards,
establishing a 180-
[[Page 16095]]
day window between test procedure final rules and standards proposals,
specified DOE's approach to adoption of industry test standards in its
test procedures, and delineating procedures for rulemaking under the
separate direct final rule and negotiated rulemaking authorities. DOE
also published a companion final rule in the Federal Register on August
19, 2020 (August 2020 Final Rule), that clarified how DOE would conduct
a comparative analysis across all trial standard levels when
determining whether a particular trial standard level was economically
justified. 85 FR 50937.
Subsequently, DOE published further amendments to the Process Rule,
some of which reversed or modified amendments made in the February 2020
and August 2020 Final Rules. These amendments, among other things,
reverted the Process Rule back to the non-binding status of the 1996
Final Rule and removed the significant energy savings threshold. DOE
published the first of these final rules in the Federal Register on
December 13, 2021 (December 2021 Final Rule). 86 FR 70892. DOE
published a second final rule with additional amendments to the Process
Rule in the Federal Register on April 8, 2024 (April 2024 Final Rule).
89 FR 24340.
The following paragraphs summarize the origins and historical
amendments to the individual sections of the Process Rule.\4\
---------------------------------------------------------------------------
\4\ The full text of the current Process Rule is available at
<a href="https://www.ecfr.gov/current/title-10/chapter-II/subchapter-D/part-430/subpart-C/appendix-Appendix%20A%20to%20Subpart%20C%20of%20Part%20430">https://www.ecfr.gov/current/title-10/chapter-II/subchapter-D/part-430/subpart-C/appendix-Appendix%20A%20to%20Subpart%20C%20of%20Part%20430</a>.
---------------------------------------------------------------------------
(1) Objectives--This section was established in the 1996 Final Rule
and lays out the overall purpose of the Process Rule and its specific
provisions. The February 2020 Final Rule made various editorial changes
to this section.
(2) Scope--This section was established in the 1996 Final Rule and
identifies the types of rulemakings to which the Process Rule applies.
This section was amended in the February 2020 Final Rule to clarify
that the Process Rule applies to both consumer products and commercial
and industrial equipment.
(3) Application--This section was added in the February 2020 Final
Rule and specified that the Process Rule would be binding on DOE. This
section was subsequently amended in the December 2021 Final Rule to
state that DOE has discretion to depart from the general guidance in
appendix A when it deems necessary or appropriate, with the stipulation
that DOE will provide interested parties with notice of the deviation
and an explanation.
(4) Setting Priorities for Rulemaking Activity--This section was
established in the 1996 Final Rule and identifies the factors that DOE
applies when determining its regulatory plans and formulation of inputs
for the annual Regulatory Agenda. This section was amended in the
February 2020 Final Rule to specify that DOE would offer the
opportunity to provide input on prioritization of rulemakings through a
request for comment as DOE begins preparation of its Regulatory Agenda
each spring.
(5) Coverage Determination Rulemakings--This section was
established in the February 2020 Final Rule and describes the process
DOE would follow to establish coverage for consumer products and
industrial equipment. Subsequent amendments in the December 2021 Final
Rule and April 2024 Final Rule allow DOE to seek early stakeholder
input through preliminary rulemaking documents prior to a proposed
coverage determination, removed a previous requirement that final
coverage determinations be published prior to the initiation of any
test procedure or energy conservation standard rulemaking and at least
180 days prior to publication of a test procedure NOPR, and removed the
previously required 180-day period between finalization of DOE test
procedures and issuance of a NOPR proposing new or amended energy
conservation standards.
(6) Process for Developing Energy Conservation Standards--This
section was established in the 1996 Final Rule and describes the
process to be used in developing energy conservation standards for
covered products and equipment other than those covered equipment
subject to ASHRAE/IES Standard 90.1. The February 2020 Final Rule
created an ``early assessment'' process for seeking stakeholder input
prior to commencing a rule and committed to an initial rulemaking stage
prior to a proposed rule (e.g., a framework document or preliminary
analysis). This rule also established a threshold of ``significant
energy savings'' of 0.3 quads or 10 percent site savings over 30 years.
Subsequent amendments in the December 2021 and April 2024 Final Rules
removed the energy savings threshold requirement and the requirement
for a separate early assessment request for information (RFI) but
clarified that DOE will issue one or more documents during the pre-NOPR
stage of a rulemaking.
(7) Policies on Selection of Standards--This section was
established in the 1996 Final Rule and describes Department policies
concerning the selection of new or revised standards. DOE employs a
walk-down process to ensure that DOE meets the statutory mandate that
any new or amended standard is designed to achieve the maximum
improvement in energy efficiency that is technologically feasible and
economically justified (42 U.S.C. 6295(o)(2)(A); 42 U.S.C. 6316(a)).
The February 2020 Final Rule made minor amendments to align with
revisions elsewhere in in the Process Rule, while the August 2020 Final
Rule added a clarification that DOE would conduct a comparative
analysis across all trial standard levels when determining whether a
level was economically justified. The December 2021 Final Rule amended
this section to remove the requirement for a comparative analysis.
(8) Test Procedures--This section was established in the original
1996 Final Rule and describes the process by which DOE would establish
test procedures for covered products and equipment. The February 2020
Final Rule added an early assessment process for test procedures and
generally committed that DOE would adopt consensus industry test
procedures unless not consistent with EPCA. Consistent with other
amendments in that rule, this section was also amended to require that
DOE finalize a test procedure 180 days in advance of a standards
proposal. The December 2021 Final Rule clarified that DOE may revise
consensus industry test procedure standards for compliance,
certification, and enforcement purposes, and revised application of the
180-day period between finalization of a test procedure and issuance of
a standards proposal.
(9) ASHRAE Equipment--this section was created by the February 2020
Final Rule and describes the process DOE will follow for conducting
rulemakings for equipment subject to the ``ASHRAE trigger'' provisions
in EPCA that apply when ASHRAE Standard 90.1 is amended with respect to
standards, test procedures, or design requirements applicable to such
equipment. The April 2024 Final Rule added provisions to clarify
application of the 6- and 7-year lookback provisions for periodic
review of standards and test procedures for ASHRAE equipment.
(10) Direct Final Rules--This section was established in the
February 2020 Final Rule and describes how DOE would comply with EPCA
requirements specific to publication of direct final rules, including
the Department's interpretation of the term ``fairly representative of
relevant points of
[[Page 16096]]
view'' as it applies to interested stakeholders. The December 2021
Final Rule amended this section to clarify that DOE will implement its
direct final rule authority under EPCA on a case-by-case basis
including its evaluation of the meaning of ``fairly representative'',
subject to the circumstances of a particular rulemaking.
(11) Principles for Distinguishing Between Effective and Compliance
Dates--This section was established in the February 2020 Final Rule and
provides clarification as to the distinction between the effective and
compliance dates of a final rule. This section has not been amended
since its original establishment.
(12) Principles for the Conduct of the Engineering Analysis--This
section was established in the 1996 Final Rule, and other than minor
editorial changes, was not substantively amended in subsequent
rulemakings.
(13) Principles for the Analysis of Impacts on Manufacturers--This
section was established in the 1996 Final Rule, and other than minor
editorial changes, was not substantively amended in subsequent
rulemakings.
(14) Principles for the Analysis of Impacts on Consumers--This
section was established in the 1996 Final Rule, and other than minor
editorial changes, was not substantively amended in subsequent
rulemakings.
(15) Consideration of Non-Regulatory Approaches--This section was
established in the 1996 Final Rule and identifies how DOE will consider
the effects of non-regulatory efforts by manufacturers, utilities, and
other interested parties to produce substantial efficiency
improvements. Revisions in the February 2020 Final Rule removed a
section discussing the Department's pursuit of voluntary programs where
it appears that highly efficient products can obtain a significant
market share but less efficient products cannot be eliminated
altogether because, for instance, of unacceptable adverse impacts on a
significant subgroup of consumers.
(16) Cross-Cutting Analytical Assumptions--This section was
established in the 1996 Final Rule and sets outs the sources and
general principles that DOE expects to continue relying upon in
selecting values for certain cross-cutting analytical assumptions. This
section was amended in the February 2020 Final Rule to specify that DOE
would use two time lengths--30 years and another time length that is
specific to the standard being considered such as the useful lifetime
of the product under consideration, as well as a 9-year regulatory time
line as a sensitivity case. That rule also specified that DOE will
endeavor to use robust price forecasting techniques in projecting
future prices of products.
II. Request for Information
As stated earlier in this document, the President has recently
issued E.O. 14154, which includes topics relevant to DOE's process for
establishing energy conservation standards and test procedures. The
following sections request comment on how the DOE Process Rule may be
updated for consistency with this Executive Order and in light of other
recent developments. The following sections also request comment and
information on additional topics related to the Process Rule.
DOE also notes that, although not specifically addressed in this
RFI, DOE intends to more closely review the assumptions, models, and
methodologies used in setting energy conservation standards for
consumer products and equipment. Many of these topics were addressed in
a report issued by The National Academies of Sciences, Engineering, and
Medicine (`NAS') in 2021 \5\ and have been the subject of comments
submitted by stakeholders in recent energy conservation standards
rulemakings. The recommendations in the NAS report as well as other
conceptual considerations will be considered by DOE in a separate RFI.
This follow-up RFI will more specifically request stakeholder comments
on those topics.
---------------------------------------------------------------------------
\5\ National Academies of Sciences, Engineering, and Medicine.
2021. Review of Methods Used by the U.S. Department of Energy in
Setting Appliance and Equipment Standards. Washington, DC: The
National Academies Press. Available at <a href="https://nap.nationalacademies.org/catalog/25992/review-of-methods-used-by-the-us-department-of-energy-in-setting-appliance-and-equipment-standards">https://nap.nationalacademies.org/catalog/25992/review-of-methods-used-by-the-us-department-of-energy-in-setting-appliance-and-equipment-standards</a> (last accessed February 27, 2025).
---------------------------------------------------------------------------
A. Consumer Choice in Appliances
Among the policies of the United States stated in section 2(f) of
E.O. 14154 is ``to safeguard the American people's freedom to choose
from a variety of goods and appliances.'' 90 FR 8353, 8353 (Jan. 29,
2025).
There are several provisions in EPCA that relate to preserving
consumer choice when it comes to appliances and other covered products
and equipment. For example, when determining whether a standard is
economically justified, the Secretary is required by EPCA to determine
whether the benefits of the standards exceed the burdens by
considering, among other factors, any lessening of the utility or the
performance of the covered products likely to result from the standard.
(42 U.S.C. 6295(o)(2)(B)(i)(IV); 42 U.S.C. 6313(a)(6)(B)(ii)(IV); 42
U.S.C. 6316(a)) These provisions recognize that restricting consumer
choice by eliminating features or reducing performance of appliances
and other covered products/equipment is a burden on consumers.
Similarly, EPCA also prohibits the Secretary from amending or
establishing a new energy conservation standard if interested persons
have established by a preponderance of the evidence that the standard
is likely to result in the unavailability in the United States in any
covered product type (or class) of performance characteristics
(including reliability), features, sizes, capacities, and volumes that
are substantially the same as those generally available in the United
States at the time of the Secretary's finding. (42 U.S.C. 6295(o)(4);
42 U.S.C. 6313(a)(6)(B)(iii)(II)(aa); 42 U.S.C. 6316(a))
The Process Rule expands on how DOE applies these statutory
requirements when conducting an energy conservation standards
rulemaking. Sections 7(b) and 6(a)(3)(iii) of the Process Rule specify
that after DOE has determined that particular technology options for
improving efficiency are technologically feasible, it further evaluates
each technology option in light of multiple screening criteria,
including the impact on product utility and the safety of a technology.
If a technology is determined to have significant adverse impact on the
utility of the product/equipment to subgroups of consumers, or result
in the unavailability of any covered product type with performance
characteristics (including reliability), features, sizes, capacities,
and volumes that are substantially the same as products generally
available in the U.S. at the time, it will not be considered further.
If it is determined that a technology will have significant adverse
impacts on health or safety, it will not be considered further.
The Process Rule currently specifies in section 14(a) that DOE will
consider at the earliest stages of the development of a standard
whether particular design options will lessen the utility of the
covered products/equipment to the consumer. Furthermore, section 14(b)
of the Process Rule also states that DOE will not promulgate a standard
if it concludes that it would likely result in the unavailability of
any covered product/equipment type with performance characteristics
(including reliability), features, sizes, capacities, and volumes that
are substantially the
[[Page 16097]]
same as products/equipment generally available in the United States at
the time.
DOE requests comment on whether and how the Process Rule should be
updated to provide additional detail on how DOE's rulemaking process
ensures protection of consumer choice in prescribing regulations for
covered consumer products and commercial/industrial equipment as
directed by EPCA. For example, while the current Process Rule discusses
screening out technologies that would result in the unavailability of
appliances with certain features or performance characteristics, the
Process Rule does not provide examples or guidance on the types of
features or performances characteristics that are relevant to consumer
choice and should be preserved. DOE recognizes that consumers and
manufacturers can often make decisions based on aspects of a product
that are less tangible to efficiency such as color, internal
arrangements (e.g., shelves and bins), or other add-ons that consumers
and manufacturers value or market, respectively. To the extent any of
these attributes are relevant to DOE's analysis of standards, DOE
requests comments on ways to better analyze these consumer and business
behavior decisions in a process rule or subsequent methodological RFI.
In DOE's subsequent methodological RFI, DOE will request further input
on the DOE's assumptions and analytic approach to estimating consumer
choice, consumer welfare, and product availability.
B. Reduction of Regulatory Burden
On January 31, 2025, the President issued Executive Order 14192,
``Unleashing Prosperity through Deregulation.'' 90 FR 9065 (Feb. 6,
2025). In section 2 of that E.O., the President stated that it is the
policy of the executive branch to be prudent and financially
responsible in the expenditure of funds, from both public and private
sources, and to alleviate unnecessary regulatory burdens placed on the
American people.
In an effort to address the requirements of E.O. 14192, DOE is
examining its processes for establishing energy conservations standards
and test procedures for covered products and equipment to identify
opportunities for potential burden reduction. As an example, the
revisions to the Process Rule in the February 2020 Final Rule DOE
specified a threshold value of energy savings for determining whether
the energy savings of a proposed energy conservation standard are
significant enough to justify a new or amended standard. 85 FR 8626,
8655 (Feb. 14, 2020). As stated in that rule, the purpose of that step
was to ensure that DOE will promulgate those standards that are most
likely to confer substantial benefits to consumers and the Nation and
eliminate from further consideration those potential standards that are
projected to result in substantially lower energy savings below those
generated under the relevant threshold. Id. at 85 FR 8656.
DOE requests comment and information on whether any changes to the
Process Rule should be made, consistent with statutory requirements, to
reduce the regulatory burden associated with test procedure and/or
energy conservation standards rulemakings. DOE also broadly requests
comment and information on costs, benefits, and burdens that are
difficult to quantify (e.g., non-engineering costs and benefits,
considerations such as convenience, cleaning or changing of parts,
replacement or second-hand markets, and reduced or increased
production/sales volumes). DOE welcomes specific recommendations and
suggestions related to burden reduction including ways to measure and
reduce overlapping regulations that may impact firms who manufacture
similar or complementary goods. These comments and recommendations may
also inform DOE's methodological RFI.
C. Promoting Market Competition and Innovation
Under section 2(f), E.O. 14154 also states that it is the policy of
the United States to ``promote market competition and innovation within
the manufacturing and appliance industries.'' 90 FR 8353, 8353 (Jan.
29, 2025).
Certain statutory provisions of EPCA relate to this topic.
Specifically, when prescribing new or amended standards, DOE is
directed in EPCA to consider the impact of any lessening of
competition, as determined in writing by the Attorney General, that is
likely to result from a standard. (42 U.S.C. 6295(o)(2)(B)(i)(V); 42
U.S.C. 6313(a)(6)(B)(ii)(V); 42 U.S.C. 6316(a)) EPCA also directs the
Attorney General to determine the impact, if any, of any lessening of
competition likely to result from a standard and to transmit such
determination to the Secretary no later than 60 days after the
publication of a proposed rule, together with an analysis of the nature
and extent of such impact. (42 U.S.C. 6295(o)(2)(B)(ii); 42 U.S.C.
6316(a))
The current Process Rule has provisions which also seek to address
concerns related to market competition and innovation. Under sections
6(a)(3)(iii) and 7(b) of the Process Rule, DOE considers the
practicability to manufacture, install, and service and unique pathway-
proprietary technologies when determining whether a design option for
improving efficiency will receive any further consideration in the
rulemaking analysis. If it is determined that mass production of a
technology in commercial products and reliable installation and
servicing of the technology could not be achieved on the scale
necessary to serve the relevant market at the time of the compliance
date of the standard, then that technology will not be considered
further. If a technology has proprietary protection and represents a
unique pathway to achieving a given efficiency level, it will not be
considered further, due to the potential for monopolistic concerns.
Among the factors listed in section 6(a)(5)(iv) in the Process Rule
that DOE considers when selecting a proposed standard are impacts on
manufacturers and competition, including industry concentration
analysis. The analysis of manufacturer impacts includes: estimated
impacts on cash flow; assessment of impacts on manufacturers of
specific categories of products/equipment and small manufacturers;
assessment of impacts on manufacturers of multiple product-specific
Federal regulatory requirements, including efficiency standards for
other products and regulations of other agencies; and impacts on
manufacturing capacity, employment, and capital investment.
As required by EPCA, section 14(c) of the Process Rules provides
that DOE will solicit the views of the Department of Justice on any
lessening of competition likely to result from a proposed standard and
gives the views provided full consideration in assessing economic
justification of a proposed standard. In addition, DOE may consult with
the Department of Justice at earlier stages in the standards
development process to seek its preliminary views on competitive
impacts. When selecting a final standard under section 7(f) of the
Process Rule, DOE considers any analysis by the Department of Justice
concerning impacts on competition of the proposed standard. Section 15
of the Process Rule also states that DOE intends to consider the likely
effects of non-regulatory initiatives on competition and manufacturers,
among other factors, and this information will be used in assessing the
likely incremental impacts of establishing or revising standards, in
assessing--where possible--appropriate compliance dates for new or
revised standards, and in
[[Page 16098]]
considering DOE support of non-regulatory initiatives.
DOE requests comment on whether and how the Process Rule should be
updated to provide additional detail on how DOE's rulemaking process
can promote market competition and innovation within the manufacturing
and appliance industries and on DOE's historical analysis of potential
impacts of any lessening of competition under 42 U.S.C.
6295(o)(2)(B)(i)(V). DOE requests comment in particular from small
business manufacturers who could be uniquely impacted by energy
efficiency standards. DOE also requests comment from manufacturers that
manufacturer home appliances and other regulated consumer and
commercial products in the United States. In the methodological RFI,
DOE also anticipates requesting comment on how to analyze effects on
competition including the agency's use of the Herfindahl-Hirschman
index (HHI) on a rule-by-rule basis for relevant markets as well as on
the cumulative market effects.
D. Analysis of Costs and Benefits
Section 2(g) of E.O. 14154 establishes that it is the policy of the
United States to ensure that the global effects of a rule, regulation,
or action shall, whenever evaluated, be reported separately from its
domestic costs and benefits, in order to promote sound regulatory
decision making and prioritize the interests of the American people. 90
FR 8353, 8353-8354 (Jan. 29, 2025).
The current Process Rule has provisions relevant to this topic.
Among the factors listed in section 6(a)(5)(iv) of the Process Rule
that DOE considers when selecting a proposed standard are the national
energy, economic, and employment impacts of the proposed standard. This
analysis includes estimated energy savings by fuel type; estimated net
present value of benefits to all consumers; sensitivity analyses using
high and low discount rates reflecting both private transactions and
social discount rates and high and low energy price forecasts; and
estimates of the direct and indirect impacts on employment by appliance
manufacturers, relevant service industries, energy suppliers, suppliers
of complementary and substitution products, and the economy in general.
As stated in section 6(a)(5)(iv) of the Process Rule, DOE also
analyzes the private impacts on American consumers when selecting a
proposed standard, which includes: estimated private energy savings
impacts on consumers based on regional average energy prices and energy
usage; assessments of the variability of impacts on subgroups of
consumers based on major regional differences in usage or energy prices
and significant variations in installation costs or performance;
consideration of changes to product utility, changes to purchase rate
and/or costs of products, and other impacts of likely concern to all or
some consumers, based to the extent practicable on direct input from
consumers; estimated life-cycle cost with sensitivity analysis; and
consideration of the increased first cost to consumers and the time
required for energy cost savings to pay back these first costs. Section
14(e) of the Process Rule further describes the principles for the
analysis of impacts on consumers regarding payback period and first
cost, stating that DOE will consider the life-cycle cost, payback
period, and cost of conserved energy to evaluate the savings in
operating expenses relative to increases in purchase price, and that
DOE will assess likely impacts on low-income households, product/
equipment sales, and fuel switching, as appropriate.
In addition, section 2(h) of E.O. 14154 states that it is the
policy of the United States to guarantee that all executive departments
and agencies (agencies) provide opportunity for public comment and
rigorous, peer-reviewed scientific analysis. 90 FR 8353, 8354 (Jan. 29,
2025).
The current Process Rule contains provisions consistent with this
objective of E.O. 14154. One of the objectives of the Process Rule is
to use transparent and robust analytical methods. The Department seeks
to use qualitative and quantitative analytical methods that are fully
documented for the public and that produce results that can be
explained and reproduced, so that the analytical underpinnings for
policy decisions on standards are as sound and well-accepted as
possible. See section 1(f) of the Process Rule. The Process Rule also
directs DOE to document the analytical approaches and tools used to
perform its analysis and provide interested parties an opportunity to
review the results. See section 6 of the Process Rule.
DOE requests comment on whether and how the Process Rule should be
updated to provide additional detail on how DOE's rulemaking process to
ensure that the global effects of an energy conservation standard be
reported separately from its domestic costs and benefits, in order to
promote sound regulatory decision making and prioritize the interests
of the American people. DOE requests comment and information on how to
assess the effect of energy conservation rules on consumption of
complementary goods (e.g., laundry detergent, stain removers, fabric
softeners for clothes washers) that may result from amended standards.
DOE requests comment and information on hard to quantify effects,
whether positive or negative, on the design or operation of covered
products that could result from requirements to make them more
efficient (e.g., consumer user interfaces, changes to noise levels
during operation). DOE also requests comment on the extent to which
current the rulemaking process provides opportunity for rigorous, peer-
reviewed scientific analysis and whether any improvements should be
addressed in the Process Rule. These comments and information will
inform not only DOE's forthcoming Process Rule proposal but also the
forthcoming methodological RFI and DOE's wider effort related to
updating DOE's TSD analysis.
E. Public Comment and Review
With regard to the specific requirement in section 2(h) of E.O.
14154 requiring agencies to provide adequate opportunity for public
comment, DOE is directed by EPCA to provide opportunities for public
comment throughout the rulemaking process under a specific set of
timelines. (42 U.S.C. 6295(m)(2)((B); 42 U.S.C. 6313(a)(6)(C)(ii)(II);
42 U.S.C. 6316(a)) These statutory requirements are incorporated in the
Process Rule. See, for example, sections 6(a)(6), 6(b)(2) and (3), and
6(c) of the Process Rule for the provisions applicable to the energy
conservation standards rulemaking process. The Process Rule contains
similar provisions applicable to coverage determinations and test
procedures. While EPCA prescribes required comment periods for the
proposal stages of DOE's rulemakings, the Process Rule specifies
additional opportunities for public input early in the rulemaking
process so that the initiation and direction of rulemakings is informed
by comment from interested parties. See sections 6(a)(6) and 8(a)(6) of
the Process Rule.
DOE makes rulemaking materials available for public review. The
Process Rule further specifies that supporting documentation for
rulemaking activities will be made available in the docket, with a
discussion of analyses provided in technical support documents, for
applicable rulemaking stages. See, e.g., sections 5(a), 6(a)(1),
6(a)(4), and 6(b)(1) of the Process Rule.
DOE requests comment on whether and how the Process Rule should be
amended to modify public comment and review procedures for rulemakings,
consistent with EPCA's requirements.
[[Page 16099]]
F. Prioritizing Accuracy in Environmental Analyses
Section 6 of E.O. 14154 states that, ``all agencies shall adhere to
only the relevant legislated requirements for environmental
considerations and any considerations beyond these requirements are
eliminated.'' In fulfilling all such requirements, agencies shall
strictly use the most robust methodologies of assessment at their
disposal and shall not use methodologies that are arbitrary or
ideologically motivated. E.O. 14154 disbands the Interagency Working
Group on the Social Cost of Greenhouse Gases (IWG) and withdraws any
guidance, instruction, recommendation, or documents issued by the IWG.
The E.O. also directs the Administrator of the EPA to issue guidance
that considers eliminating the ``social cost of carbon'' calculation
from any Federal permitting or regulatory decisions, noting that the
calculation of the ``social cost of carbon'' is marked by logical
deficiencies, a poor basis in empirical science, politicization, and
the absence of a foundation in legislation. 90 FR 8353, 8356 (Jan. 29,
2025).
Prior to the issuance of this new guidance from EPA, E.O. 14154
directs agencies to ensure estimates to assess the value of changes in
greenhouse gas emissions resulting from agency actions, including with
respect to the consideration of domestic versus international effects
and evaluating appropriate discount rates, are, to the extent permitted
by law, consistent with the guidance contained in OMB Circular A-4 of
September 17, 2003 (Regulatory Analysis). Furthermore, the head of each
agency shall, as appropriate and consistent with applicable law,
initiate a process to make such changes to any rule, regulation, policy
or action as may be necessary to ensure consistency with the Regulatory
Analysis. Finally, the Administrator of the EPA, in collaboration with
the heads of any other relevant agencies, shall submit joint
recommendations to the Director of OMB on the legality and continuing
applicability of the Administrator's findings, ``Endangerment and Cause
or Contribute Findings for Greenhouse Gases Under Section 202(a) of the
Clean Air Act,'' Final Rule, 74 FR 66496 (Dec. 15, 2009). 90 FR 8353,
8356-8357 (Jan. 29, 2025).
Related to this topic, section 16(h) of the Process Rule provides
cross-cutting analytical assumptions for analyzing environmental
impacts of rulemakings. DOE estimates the cumulative emission
reductions of carbon dioxide, sulfur dioxide, nitrogen oxides, methane,
nitrous oxides, and mercury likely to be avoided by candidate/trial
standard levels. This analysis estimates both power sector and site
combustion emission reductions and the emissions impact due to
``upstream activities'' in the fuel production chain. Further, the
Process Rule states that DOE estimates the value of carbon dioxide and
nitrous oxides emissions changes consistent with the guidance contained
in OMB Circular A-4 of September 17, 2003 (Regulatory Analysis).
DOE requests comment on how the Process Rule should be updated to
modify environmental considerations. In the methodological RFI, DOE
anticipates requesting further comment on the DOE's general methodology
and assumptions in estimating direct and indirect impacts arising out
of new or amended energy conservation standards. These methodological
considerations may also include further requests for comment regarding
DOE's approach to estimating greenhouse gas emission reductions and the
monetization of those emissions, when considering new or amended energy
conservation standards.
G. Other Topics
1. Satisfaction of Statutory Criteria
The Process Rule currently specifies the policies and procedures
DOE follows in determining that a rulemaking satisfies the applicable
statutory requirements of EPCA. Specifically, as required under 42
U.S.C. 6295(o)(2)(A), any new or revised standard must be designed to
achieve the maximum improvement in energy efficiency that is determined
to be both technologically feasible and economically justified (see
also 42 U.S.C. 6313(a)(6)(A)-(C); 42 U.S.C. 6316(a)). Sections 6 and 7
of the Process Rule explain the process that DOE follows when
conducting an energy conservation standards rulemaking. Section 6(a)(2)
of the Process Rule specifies that DOE will solicit information at a
pre-NOPR stage to determine whether a rulemaking is likely to satisfy
all statutory criteria, and section 7(e)(2) of the Process Rule
provides the fundamental statutory policies concerning the selection of
standards as follows:
(i) A trial standard level will not be proposed or promulgated if
the Department determines that it is not both technologically feasible
and economically justified. (42 U.S.C. 6295(o)(2)(A) and 42 U.S.C.
6295(o)(3)(B)) For a trial standard level to be economically justified,
the Secretary must determine that the benefits of the standard exceed
its burdens by, to the greatest extent practicable, considering the
factors listed in 42 U.S.C. 6295(o)(2)(B)(i). A standard level is
subject to a rebuttable presumption that it is economically justified
if the payback period is three years or less. (42 U.S.C.
6295(o)(2)(B)(iii))
(ii) If the Department determines that interested persons have
established by a preponderance of the evidence that a standard level is
likely to result in the unavailability in the United States of any
covered product/equipment type (or class) with performance
characteristics (including reliability), features, sizes, capacities,
and volumes that are substantially the same as products generally
available in the U.S. at the time of the determination, then that
standard level will not be proposed. (42 U.S.C. 6295(o)(4))
(iii) If the Department determines that a standard level would not
result in significant conservation of energy, that standard level will
not be proposed. (42 U.S.C. 6295(o)(3)(B))
DOE requests comment on whether and how the Process Rule should be
updated to provide additional detail on how DOE's rulemaking process
satisfies the statutory requirements for establishing new or amended
energy conservation standards.
For test procedure rulemakings, 42 U.S.C. 6293(b)(3) requires that
any new or amended test procedures shall be reasonably designed to
produce test results which measure energy efficiency, energy use, water
use (in the case of showerheads, faucets, water closets and urinals),
or estimated annual operating cost of a covered product during a
representative average use cycle or period of use, and shall not be
unduly burdensome to conduct (see also 42 U.S.C. 6314(a)(2)-(3)).
Section 8 of the Process Rule explains the process that DOE follows
when conducting a test procedure rulemaking consistent with DOE's
statutory authority. Similar to the Process Rule procedures for energy
conservation standards, section 8(a)(2) of the Process Rule states that
DOE will solicit information at a pre-NOPR stage to determine whether a
test procedure rulemaking is likely to satisfy the statutory criteria.
DOE requests comment on whether and how the Process Rule should be
updated to provide additional detail on how DOE's rulemaking process
satisfies the statutory requirements for establishing new or amended
test procedures. DOE's methodological RFI may request comment on the
assumptions and analytics associated with test procedures, and welcomes
[[Page 16100]]
comments on whether these test procedure related methodologies should
be included in that RFI.
2. Rulemaking Timelines
One objective of the Process Rule is to increase predictability of
the rulemaking timetable (see section 1(b)). The Process Rule
accomplishes this objective by specifying the factors DOE will consider
in prioritizing rulemaking activities. Additionally, the Process Rule
specifies the steps DOE will follow when conducting a rulemaking, which
includes the different stages of the rulemakings and any corresponding
comment periods. The Process Rule also specifies the timing of test
procedure rulemakings relative to energy conservation standards
rulemakings--generally requiring that new or amended test procedures
that impact measured energy use or efficiency will be finalized at
least 180 days prior to the close of the comment period for either an
energy conservation standards notice of proposed rulemaking or notice
of proposed determination that standards do not need to be amended. See
section 8(e)(1).
DOE requests comment and information on whether and how the Process
Rule should be amended to specify rulemaking prioritization and
timelines, consistent with EPCA's requirements.
3. Mandatory Application of Process Rule
In the February 2020 Final Rule, DOE had amended the Process Rule
to specifically make its provisions binding on DOE, reasoning that this
would increase public confidence in the fairness and predictability of
the rulemaking process. 85 FR 8626, 8634 (Feb. 14, 2020). DOE
subsequently amended these provisions in the December 2021 Final Rule
to make the Process Rule again non-binding on the Department. 86 FR
70892, 70896-70901 (Dec. 13, 2021). However, DOE is interested in
receiving comment on whether reintroducing a requirement that the
Process Rule provisions be mandatory would better enable the Department
to comply with its obligations under statute and applicable Executive
Orders.
III. Public Participation
DOE will accept comments, data, and information regarding this
request for information no later than the date provided in the DATES
section at the beginning of this document. Interested parties may
submit comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
<a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received through
the website will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and that are free of any defects
or viruses. Documents should not contain special characters or any form
of encryption and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. DOE will make its own determination about the
confidential status of the information and treat it according to its
determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this request
for information.
[[Page 16101]]
Signing Authority
This document of the Department of Energy was signed on April 8,
2025, by Louis Hrkman, Principal Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy, pursuant to delegated authority from
the Secretary of Energy. That document with the original signature and
date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on April 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-06330 Filed 4-16-25; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 17, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.