Proposed Rule2025-08580
Energy Conservation Program: Test Procedures for Commercial Warm Air Furnaces
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
The Department of Energy (DOE or the Department) is proposing to amend the test procedure for commercial warm air furnaces adopted under the Energy Policy and Conservation Act by rescinding Appendix B, "Uniform Test Method for Measurement of the Energy Efficiency of Commercial Warm Air Furnaces (Thermal Efficiency Two)." Upon further evaluation, the Department has tentatively determined that Appendix B is unduly burdensome to conduct, thereby failing to meet the statutory criteria for adoption of a test procedure. Commercial warm air furnaces will continue to be subject to the testing requirements of Appendix A, "Uniform Test Method for Measurement of the Energy Efficiency of Commercial Warm Air Furnaces (Thermal Efficiency)." DOE invites public input on its proposal.
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 20909-20915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08580]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2025-BT-TP-0035]
RIN 1904-AG06
Energy Conservation Program: Test Procedures for Commercial Warm
Air Furnaces
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed rule; request for comment.
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SUMMARY: The Department of Energy (DOE or the Department) is proposing
to amend the test procedure for commercial warm air furnaces adopted
under the Energy Policy and Conservation Act by rescinding Appendix B,
``Uniform Test Method for Measurement of the Energy Efficiency of
Commercial Warm Air Furnaces (Thermal Efficiency Two).'' Upon further
evaluation, the Department has tentatively determined that Appendix B
is unduly burdensome to conduct, thereby failing to meet the statutory
criteria for adoption of a test procedure. Commercial warm air furnaces
will continue to be subject to the testing requirements of Appendix A,
``Uniform Test Method for Measurement of the Energy Efficiency of
Commercial Warm Air Furnaces (Thermal Efficiency).'' DOE invites public
input on its proposal.
DATES:
Comments: Written comments and information are requested and will
be accepted on or before July 15, 2025.
Meeting: DOE will hold a public meeting webinar on Thursday, May
29, 2025 from 1:00 p.m. to 4:00 p.m. See section V (Public
Participation) for registration information, participant instructions,
and information about the
[[Page 20910]]
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-TP-0035. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-TP-0035 and or regulatory
identification number (RIN) 1904-AG06, by any of the following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#b9fad6d4eed8cbd4f8d0cbffcccbd7d8dadcca8b898b8cede9f9dcdc97ddd6dc97ded6cf"><span class="__cf_email__" data-cfemail="b6f5d9dbe1d7c4dbf7dfc4f0c3c4d8d7d5d3c584868483e2e6f6d3d398d2d9d398d1d9c0">[email protected]</span></a>. Include the docket
number EERE-2025-BT-TP-0035 and/or RIN 1904-AG06 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 V (Public Participation) of this document.
Docket: The docket for this proposed rulemaking, which includes
Federal Register notices, 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 <a href="http://www.regulations.gov/docket/EERE-2025-BT-TP-0035">www.regulations.gov/docket/EERE-2025-BT-TP-0035</a>. 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 V, ``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 rulemaking may be found at <a href="http://regulations.gov">regulations.gov</a>, under the
docket number EERE-2025-BT-TP-0035.
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#23676c6664464d4651424f604c564d50464f634b520d474c460d444c55"><span class="__cf_email__" data-cfemail="10545f5557757e7562717c537f657e63757c5078613e747f753e777f66">[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#c081b0b0aca9a1aea3a593b4a1aea4a1b2a4b391b5a5b3b4a9afaeb380a5a5eea4afa5eea7afb6"><span class="__cf_email__" data-cfemail="f6b786869a9f97989593a58297989297849285a7839385829f999885b69393d8929993d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Background
III. Discussion
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 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
V. Public Participation
A. Attendance at the Public Meeting Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Public Meeting Webinar
D. Submission of Comments
VI. Approval of the Office of the Secretary
I. Authority
The Energy Policy and Conservation Act, as amended (EPCA),\1\ among
other things, 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 \2\ of EPCA, Public Law 94-163 (42 U.S.C.
6311-6317, as codified) added by Public Law 95-619, Title IV, section
441(a), established the Energy Conservation Program for Certain
Industrial Equipment, which sets forth a variety of provisions designed
to improve energy efficiency. This covered equipment includes
commercial warm air furnaces (CWAFs), the subject of this proposed
rule. 42 U.S.C. 6311(1)(J).
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing; (2) labeling; (3) the establishment of Federal
energy conservation standards; and (4) certification and enforcement
procedures. Relevant provisions of EPCA specifically include
definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C.
6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), and the authority to require information and reports from
manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(b); 42 U.S.C. 6296), and (2) making other representations about
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE
uses these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA.
Federal energy efficiency requirements for covered products/
equipment established under EPCA generally supersede State laws and
regulations concerning energy conservation testing, labeling, and
standards. 42 U.S.C. 6316(a), (b); 42 U.S.C. 6297. DOE may, however,
grant waivers of Federal preemption in limited circumstances for
particular State laws or regulations, in accordance with the procedures
and other provisions set forth under EPCA. 42 U.S.C. 6316(b)(2)(D).
Under 42 U.S.C. 6314, EPCA also sets forth the criteria and
procedures DOE must follow when prescribing or amending test procedures
for covered equipment. EPCA requires that any test procedures not be
unduly burdensome to conduct. 42 U.S.C. 6314(a)(2).
EPCA requires that the test procedure for CWAFs be those generally
accepted industry testing procedures or rating procedures developed or
recognized by
[[Page 20911]]
the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) or by
the American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE), as referenced in ASHRAE Standard 90.1, ``Energy
Standard for Buildings Except Low-Rise Residential Buildings'' (ASHRAE
Standard 90.1). 42 U.S.C. 6314(a)(4)(A). Further, if such industry test
procedure is amended, DOE must amend its test procedure to be
consistent with the amended industry test procedure, unless DOE
determines, by rule published in the Federal Register and supported by
clear and convincing evidence, that such amended test procedure would
not meet the requirements in 42 U.S.C. 6314(a)(2) and (3) related to
representative use and test burden, in which case DOE may establish an
amended test procedure that does satisfy those statutory provisions. 42
U.S.C. 6314(a)(4)(B) and (C).
EPCA also requires that, at least once every seven years, DOE
evaluate test procedures for each type of covered equipment, including
CWAFs, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle. 42 U.S.C. 6314(a)(1)-(3).
In addition, if DOE determines that a test procedure amendment is
warranted, the Department must publish proposed test procedures in the
Federal Register and afford interested persons an opportunity (of not
less than 45 days duration) to present oral and written data, views,
and arguments on the proposed test procedures. 42 U.S.C. 6314(b). If
DOE determines that test procedure revisions are not appropriate, DOE
must publish in the Federal Register its determination not to amend the
test procedures. 42 U.S.C. 6314(a)(1)(A)(ii).
II. Background
In January 2023, ASHRAE released the latest version of ASHRAE
Standard 90.1 (ASHRAE Standard 90.1-2022), which updated the referenced
industry standards for testing CWAFs to reflect the most recent
versions of those standards that are currently available, thereby
triggering DOE's rulemaking obligations under EPCA. Consequently, DOE
conducted a rulemaking to consider amending the test procedure for
CWAFs in satisfaction of both the ``ASHRAE trigger'' requirement under
42 U.S.C. 6314(a)(4)(B) and the 7-year-lookback review requirement
specified in EPCA under 42 U.S.C. 6314(a)(1). DOE completed this
rulemaking by publication of a final rule in the Federal Register on
June 2, 2023 (``June 2023 Final Rule''), through which the Department
prescribed the current test procedure for CWAFs (i.e., Appendix A)
manufactured on and after May 28, 2024. 88 FR 36217. Compliance with
Appendix B (also adopted as part of the June 2023 Final Rule) is not
required until the compliance date of any energy conservation standards
for CWAFs denominated in terms of Thermal Efficiency Two (TE2). The
CWAFs test procedure is set forth in DOE's regulations at 10 CFR part
430, subpart D, appendices A and B.
The CWAFs test procedure final rule was challenged by the Air-
Conditioning, Heating, and Refrigeration Institute (AHRI), which filed
a petition for review of the final rule on August 1, 2023 in the United
States Court of Appeals for the Fourth Circuit. In a February 6, 2024,
order, the Fourth Circuit granted a voluntary remand of the final rule
to DOE to determine whether establishment of the test procedure for the
TE2 metric is supported by the specific provisions applicable to CWAFs
under EPCA. More specifically, DOE agreed in this voluntary remand to
not enforce the TE2 test procedure unless and until the Department
determines that the TE2 test procedure is consistent with the amended
industry test procedure, or determines, supported by clear and
convincing evidence, that the amended industry test procedure fails to
satisfy the statutory requirements.
On January 17, 2025, DOE published a final determination in the
Federal Register (``January 2025 Final Determination''), which provided
DOE's conclusion that the amended industry test procedure fails to
satisfy EPCA's statutory requirements, thereby supporting DOE's finding
that the test procedure incorporating the TE2 metric is justified under
the applicable statutory criteria. 90 FR 5560. In that document, DOE
pointed to the industry standard's failure to account for CWAF jacket
losses or part-load operation, which the Department considered
significant factors in terms of CWAF energy use. Thus, DOE reasoned
that the industry standard does not account for significant variations
in energy use across different CWAF models. Consequently, DOE
determined that the industry test procedure was not reasonably designed
to produce test results which reflect energy efficiency during a
representative average use cycle that, as determined by DOE, includes
jacket losses and part-load operation for the TE2 metric. 90 FR 5560,
5565-5566 (Jan. 17. 2025).
III. Discussion
DOE is once again reviewing the test procedure for CWAFs codified
at 10 CFR part 430, subpart D, appendices A and B. The Secretary is
pursuing a new policy to reduce regulatory burden wherever possible.
Under that policy, DOE is reevaluating existing test procedures to
determine whether they are unduly burdensome to conduct. In this case,
after a reevaluation of the CWAFs test procedure pursuant to the
authority in 42 U.S.C. 6314(a)(1)-(4), the Secretary has tentatively
determined, after reviewing the reasoning of the June 2023 Final Rule
and the January 2025 Final Determination, that DOE had insufficient
evidence to support adoption of the TE2 metric and overestimated the
impacts of jacket losses and part-load operation on CWAF energy use.
Furthermore, the Secretary has tentatively concluded that DOE
underestimated the burdens of the TE2 test procedure in 10 CFR part
430, subpart D, appendix B. Accordingly, DOE proposes to remove the
definition of ``Thermal efficiency two'' and Appendix B from its
regulations for commercial warm air furnaces.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 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.
[[Page 20912]]
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 action 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 (August 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 action under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. This proposal rescinds the existing regulatory
standards developed and adopted by DOE and reverts to the prior
procedures for these products. Therefore, DOE initially concludes that
the impacts of its burden-reducing proposal would not have a
``significant economic impact on a substantial number of small
entities,'' and, therefore, 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 action would impose 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 (August 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 proposal and has tentatively determined that
it would not have a substantial direct effect on the States, on the
relationship between the national 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 rule. 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
section 3(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 action
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
[[Page 20913]]
<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 action according to UMRA and its
statement of policy and determined that the proposed rule, which
reduces regulatory burdens, 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 rule 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 rule 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 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 rule 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 rule 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 rule 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 rule, if finalized as
proposed, is expected to be an Executive Order 14192 deregulatory
action.
V. Public Participation
A. Attendance at the Public Meeting Webinar
The time and date of the public meeting webinar are listed in the
DATES and ADDRESSES sections at the beginning of this document. If you
plan to attend the public meeting webinar, please notify the Appliance
and Equipment Standards staff at (202) 287-1445 or
<a href="/cdn-cgi/l/email-protection#f7b687879b9e96999492a8a48396999396859384a8a782959b9e94a8ba9292839e999084b79292d9939892d9909881"><span class="__cf_email__" data-cfemail="da9baaaab6b3bbb4b9bf8589aebbb4bebba8bea9858aafb8b6b3b98597bfbfaeb3b4bda99abfbff4beb5bff4bdb5ac">[email protected]</span></a>.
Webinar registration information, participant instructions, and
information about the capabilities available to webinar participants
will be published on DOE's website at <a href="https://www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines">https://www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines</a>. Participants are
responsible for ensuring their systems are compatible with the webinar
software.
[[Page 20914]]
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting 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 public meeting 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 Public Meeting Webinar
DOE will designate a DOE official to preside at the public meeting
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 webinar,
interested parties may submit further comments on the proceedings, as
well as on any aspect of the proposed rulemaking, until the end of the
comment period.
The public meeting webinar will be conducted in an informal,
conference style. DOE will present a general overview of the topics
addressed in this 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 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
modification of the previous procedures that may be needed for the
proper conduct of the public meeting.
A transcript of the public meeting webinar 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
[[Page 20915]]
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).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule; request for comment.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Incorporation by reference,
Recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on May 9,
2025, by Chris Wright, 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 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:
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.
Sec. 431.72 [Amended]
0
2. Amend Sec. 431.72 by removing the definition for ``Thermal
efficiency two.''
Appendix A to Subpart D of Part 431 [Amended]
0
3. Amend appendix A to subpart D of part 431 by removing the second
paragraph of the introductory note.
Appendix B to Subpart D of Part 431 [Removed]
0
4. Remove appendix B to subpart D of part 431.
[FR Doc. 2025-08580 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.
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.