Proposed Rule2025-08556
Energy Conservation Program: Proposed Withdrawal of Determination of Fans and Blowers as Covered 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
May 16, 2025
Issuing agencies
Energy Department
Abstract
DOE is proposing to withdraw its classification of certain fans and blowers as covered equipment under Part A-1 of Title III of the Energy Policy and Conservation Act (EPCA), as amended.
Full Text
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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Proposed Rules]
[Pages 20930-20935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08556]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2025-BT-DET-0020]
RIN 1904-AF90
Energy Conservation Program: Proposed Withdrawal of Determination
of Fans and Blowers as Covered Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Proposed rule; request for comments.
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SUMMARY: DOE is proposing to withdraw its classification of certain
fans and blowers as covered equipment under Part A-1 of Title III of
the Energy Policy and Conservation Act (EPCA), as amended.
DATES: Comments must be received on or before July 15, 2025.
Meeting: DOE will hold a webinar on Thursday, May 29, 2025, from 1
p.m. to 4 p.m. See section III, ``Public Participation,'' for webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants.
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-DET-0020. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-DET-0020, by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#e2a4838c91a08e8d95879091d0d2d0d7a6a7b6d2d2d0d2a28787cc868d87cc858d94"><span class="__cf_email__" data-cfemail="d492b5baa796b8bba3b1a6a7e6e4e6e1909180e4e4e6e494b1b1fab0bbb1fab3bba2">[email protected]</span></a>. Include the docket
number EERE-2025-BT-DET-0020 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. Telephone:
(202) 287-1445. 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 of this document.
Docket: The docket for this proposed rulemaking, which includes
Federal Register notices, public meeting attendee lists and transcripts
(if one is held), comments, and other supporting documents and
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, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/
EERE-
[[Page 20931]]
2025-BT-DET-0020. The docket web page contains instructions on how to
access all documents, including public comments, in the docket, as well
as a summary of the rulemaking. See section III, ``Public
Participation,'' for further information on how to submit comments
through <a href="http://www.regulations.gov">www.regulations.gov</a>. In accordance with 5 U.S.C. 553(b)(4), a
summary of this proposed rule may be found at <a href="http://www.regulations.gov">www.regulations.gov</a>,
under the docket number.
FOR FURTHER INFORMATION CONTACT: Mr. David Taggart, U.S. Department of
Energy, Office of the General Counsel, GC-1, 1000 Independence Avenue
SW, Washington, DC 20585-0121. Telephone: (202) 586-5281. Email:
<a href="/cdn-cgi/l/email-protection#c5818a8082a0aba0b7a4a986aab0abb6a0a985adb4eba1aaa0eba2aab3"><span class="__cf_email__" data-cfemail="793d363c3e1c171c0b18153a160c170a1c15391108571d161c571e160f">[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#2c6d5c5c40454d424f497f584d42484d5e485f7d59495f584543425f6c494902484349024b435a"><span class="__cf_email__" data-cfemail="85c4f5f5e9ece4ebe6e0d6f1e4ebe1e4f7e1f6d4f0e0f6f1eceaebf6c5e0e0abe1eae0abe2eaf3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Discussion
II. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
M. Review Under Additional Executive Orders and Presidential
Memoranda
III. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
IV. Approval of the Office of the Secretary
I. General Discussion
EPCA authorizes DOE to regulate the energy efficiency of a number
of consumer products and certain industrial equipment. 42 U.S.C. 6291-
6317. Title III, Part C. of EPCA, added by Public Law 95-619, title IV,
section 441(a) (42 U.S.C. 6311-6317, as codified), established the
Energy Conservation Program for Certain Industrial Equipment, which
sets forth a variety of provisions designed to improve energy
efficiency of certain commercial and industrial equipment (hereafter
referred to as ``covered equipment''). The purpose of Part A-1 is to
improve the efficiency of electric motors and pumps and certain other
industrial equipment in order to conserve the energy resources of the
Nation. 42 U.S.C. 6312(a).
EPCA specifies a list of equipment that constitutes covered
equipment. EPCA also provides that ``covered equipment'' includes any
other type of industrial equipment for which the Secretary of Energy
(``Secretary'') determines inclusion is necessary to carry out the
purpose of Part A-1. 42 U.S.C. 6311(1)(L); 42 U.S.C. 6312(b). On August
19, 2021, DOE made a final determination to classify fans and blowers
as ``covered equipment.'' 86 FR 46579.
DOE is proposing to rescind that determination and seeks comments
on any aspect of that proposal. DOE has tentatively determined that
coverage of fans and blowers is unnecessary to carry out the purposes
of Part A-1. For the reasons many commentators raised in the initial
determination, DOE has tentatively changed its position, and no longer
believes that classification of fans and blowers as covered equipment
will conserve energy to any degree that is necessary ``in order to
conserve the energy resources of the Nation.'' See 42 U.S.C. 6312(a).
Additionally, and independently, DOE is proposing a policy to
classify products as industrial equipment only if energy conservation
standards will generate a significant impact on the energy resources of
the nation, without compromising the performance of the products. DOE
has tentatively determined that the classification of fans and blowers
does not meet that standard. DOE is seeking comment on this proposal,
including the previous classifications consistent with statutory
authority and the U.S. Constitution, its costs and benefits, and its
impact on small businesses and innovation.
II. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs; (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public.
For the reasons stated in the preamble, this proposed regulatory
action is consistent with these principles. Section 6(a) of E.O. 12866
also requires agencies to submit ``significant regulatory actions'' to
OIRA for review. OIRA has determined that this proposed regulatory
action does not constitute a ``significant regulatory action'' under
section 3(f) of E.O. 12866. Accordingly, this proposed recission was
not submitted to OIRA for review under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
and a final regulatory flexibility analysis (``FRFA'') for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by E.O. 13272, ``Proper Consideration of Small Entities in Agency
Rulemaking,'' 67 FR 53461 (Aug. 16, 2002), DOE published procedures and
policies on February 19, 2003, to ensure that the potential impacts of
its rules on small entities are properly considered during the
rulemaking process. 68 FR 7990. DOE has made its procedures and
policies available on the Office of the General Counsel's website
(<a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>).
DOE reviewed this proposed withdrawal under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposal eliminates standards. Therefore, DOE
initially concludes that the impacts of the proposed withdrawal of
determination would not have a ``significant economic impact on a
substantial number of small entities,''
[[Page 20932]]
and that the preparation of an IRFA is not warranted. DOE will transmit
this certification and supporting statement of factual basis to the
Chief Counsel for Advocacy of the Small Business Administration for
review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed withdrawal imposes no new information or record-
keeping requirements. Accordingly, OMB clearance is not required under
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed action in accordance with the
National Environmental Policy Act of 1969, as amended, (``NEPA'') and
DOE's NEPA implementing regulations (10 CFR part 1021). DOE's
regulations include categorical exclusions for certain rulemakings. See
10 CFR part 1021, subpart D, appendices A and B. DOE is considering the
categorical exclusions potentially applicable to this proposed rule,
such as B5.1, and welcomes comment on the potential application of
categorical exclusion(s). DOE will complete its NEPA review before
issuing the final rule.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735.
DOE has examined this proposed withdrawal of determination and has
tentatively determined that it would not have a substantial direct
effect on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
withdrawal of determination. States can petition DOE for exemption from
such preemption to the extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297) Therefore, no further action is required by E.O.
13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation (1)
clearly specifies the preemptive effect, if any, (2) clearly specifies
any effect on existing Federal law or regulation, (3) provides a clear
legal standard for affected conduct while promoting simplification and
burden reduction, (4) specifies the retroactive effect, if any, (5)
adequately defines key terms, and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and (b) to
determine whether they are met or it is unreasonable to meet one or
more of them. DOE has completed the required review and determined
that, to the extent permitted by law, this proposed withdrawal meets
the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy (2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
<a href="http://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf">www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf</a>.
DOE examined this proposed withdrawal according to UMRA and its
statement of policy and determined that the proposed withdrawal does
not contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed withdrawal would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOE has determined that this proposed withdrawal would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to
[[Page 20933]]
the public under information quality guidelines established by each
agency pursuant to general guidelines issued by OMB. OMB's guidelines
were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were
published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-
19-15, Improving Implementation of the Information Quality Act (April
24, 2019), DOE published updated guidelines which are available at:
<a href="https://www.energy.gov/cio/department-energy-information-quality-guidelines">https://www.energy.gov/cio/department-energy-information-quality-guidelines</a>. DOE has reviewed this proposed withdrawal under the OMB and
DOE guidelines and has concluded that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to OIRA at OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that: (1) is a significant regulatory action under Executive
Order 12866, or any successor order and is likely to have a significant
adverse effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use.
This proposed withdrawal is not a significant regulatory action
under E.O. 12866. Moreover, it would not have a significant adverse
effect on the supply, distribution, or use of energy, nor has it been
designated as such by the Administrator at OIRA. Accordingly, DOE has
not prepared a Statement of Energy Effects.
L. Review Under the Information Quality Bulletin for Peer Review
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as ``scientific information
the agency reasonably can determine will have, or does have, a clear
and substantial impact on important public policies or private sector
decisions.'' 70 FR 2664, 2667. In response to OMB's Bulletin, DOE
conducted formal peer reviews of the energy conservation standards
development process and the analyses that are typically used and
prepared a report describing that peer review. Generation of this
report involved a rigorous, formal, and documented evaluation using
objective criteria and qualified and independent reviewers to make a
judgment as to the technical/scientific/business merit, the actual or
anticipated results, and the productivity and management effectiveness
of programs and/or projects. Because available data, models, and
technological understanding have changed since 2007, DOE has engaged
with the National Academy of Sciences to review DOE's analytical
methodologies to ascertain whether modifications are needed to improve
the Department's analyses. DOE is in the process of evaluating the
resulting report.
M. Review Under Additional Executive Orders and Presidential Memoranda
DOE has examined this proposed withdrawal of determination and has
tentatively determined that it is consistent with the policies and
directives outlined in E.O. 14154 ``Unleashing American Energy,'': E.O.
14192, ``Unleashing Prosperity Through Deregulation,'' and Presidential
Memorandum, ``Delivering Emergency Price Relief for American Families
and Defeating the Cost-of-Living Crisis.'' This proposed withdrawal of
determination, if finalized as proposed, is expected to be an Executive
Order 14192 deregulatory action.
III. Public Participation
A. Participation in the Webinar
The time, date, and location of the webinar are listed in the DATES
and ADDRESSES sections at the beginning of this document. Webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants will be
published on DOE's website: <a href="http://www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines">www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines</a>. Participants are responsible for
ensuring their systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
proposed rule, or who is a representative of a group or class of
persons that has an interest in these issues, may request an
opportunity to make an oral presentation at the webinar. Such persons
may submit requests, along with an advance electronic copy of their
statement in PDF (preferred), Microsoft Word or Excel, WordPerfect, or
text (ASCII) file format, to the appropriate address shown in the
ADDRESSES section at the beginning of this document. The request and
advance copy of statements must be received at least one week before
the webinar and are to be emailed. Please include a telephone number to
enable DOE staff to make follow-up contact, if needed.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar and may
also use a professional facilitator to aid discussion. The meeting will
not be a judicial or evidentiary-type public hearing, but DOE will
conduct it in accordance with section 336 of EPCA. (42 U.S.C. 6306). A
court reporter will be present to record the proceedings and prepare a
transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. There shall not be discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. anti-trust laws. After the public meeting, interested
parties may submit further comments on the proceedings, as well as on
any aspect of the proposed withdrawal of coverage, until the end of the
comment period.
The webinar will be conducted in an informal, conference style. DOE
will present a general overview of the topics addressed in this
proposed rulemaking, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this proposed rulemaking. Each participant will be
allowed to make a general statement (within time limits determined by
DOE), before the discussion of specific topics. DOE will allow, as time
permits, other
[[Page 20934]]
participants to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this proposed
rulemaking. The official conducting the public meeting will accept
additional comments or questions from those attending, as time permits.
The presiding official will announce any further procedural rules or
modifications of the previous procedures that may be needed for the
proper conduct of the webinar.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this document and will be accessible on the DOE website. In
addition, any person may buy a copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule 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, that are 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 proposed
rule; request for comments.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Industrial equipment, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Small businesses.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, Secretary, U.S. Department of Energy. 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.
[[Page 20935]]
Signed in Washington, DC, on May 9, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE is proposing to
amend part 431 of chapter II, subchapter D, of title 10 of the Code of
Federal Regulations, as set forth below:
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
Subpart J [Removed and Reserved]
0
2. Remove and reserve subpart J, consisting of Sec. Sec. 431.171
through 431.174.
[FR Doc. 2025-08556 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P
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</html>Indexed from Federal Register on May 16, 2025.
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