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Proposed Rule2025-08596

Energy Conservation Program: Proposed Withdrawal of Determination of Air Cleaners as a Covered Consumer Product

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Published

May 16, 2025

Issuing agencies

Energy Department

Abstract

DOE is proposing to withdraw its prior determination that portable air cleaners qualify as covered products under Part A of Title III of the Energy Policy and Conservation Act, as amended ("EPCA").

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 20835-20840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08596]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2025-BT-DET-0016]
RIN 1904-AF86

Energy Conservation Program: Proposed Withdrawal of Determination
of Air Cleaners as a Covered Consumer Product

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).

ACTION: Notice of proposed withdrawal of determination; request for
comments.

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[[Page 20836]]

SUMMARY: DOE is proposing to withdraw its prior determination that
portable air cleaners qualify as covered products under Part A of Title
III of the Energy Policy and Conservation Act, as amended (``EPCA'').

DATES:
Comments: Comments must be received on or before July 15, 2025.
Meeting: DOE will hold a meeting via a webinar on Thursday, May 29,
2025, from 1 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-0016. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2025-BT-DET-0016, by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#0e4f677c4d626b6f606b7c7d3c3e3c3b4a4b5a3e3e3f384e6b6b206a616b20696178"><span class="__cf_email__" data-cfemail="72331b00311e17131c17000140424047363726424243443217175c161d175c151d04">[email&#160;protected]</span></a>. Include the docket
number EERE-2025-BT-DET-0016 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 <a href="http://www.regulations.gov/docket/EERE-2025-BT-DET-0016">www.regulations.gov/docket/EERE-2025-BT-DET-0016</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 III of this document,
``Public Participation,'' for further information on how to submit
comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.

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#0a4e454f4d6f646f786b6649657f64796f664a627b246e656f246d657c"><span class="__cf_email__" data-cfemail="94d0dbd1d3f1faf1e6f5f8d7fbe1fae7f1f8d4fce5baf0fbf1baf3fbe2">[email&#160;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#90d1e0e0fcf9f1fef3f5c3e4f1fef4f1e2f4e3c1e5f5e3e4f9fffee3d0f5f5bef4fff5bef7ffe6"><span class="__cf_email__" data-cfemail="337243435f5a525d50566047525d575241574062465640475a5c5d407356561d575c561d545c45">[email&#160;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 of 1995
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
E. Issues on Which DOE Seeks CommentsApproval of the Office of
the Secretary
IV. Approval of the Office of the Secretary

I. General Discussion

Under EPCA, DOE may add consumer products to the list of covered
products for which energy conservation standards can be established.
(42 U.S.C. 6292(b)(1)) The coverage determination procedures require
DOE to conclude that classifying products of such type as covered
products is necessary or appropriate to carry out the purposes of this
chapter, among other requirements. (42 U.S.C. 6292(b)(1)(A)) Only after
coverage is determined, DOE may then adopt standards and test
procedures regulating such products, pursuant to the requirements set
out in the statute. (See generally 42 U.S.C. 6293, 6295)
On September 16, 2021, DOE published in the Federal Register a
notice of proposed determination (NOPD) that proposed to determine
coverage for air cleaners. 86 FR 51629 (``September 2021 NOPD''). After
considering public comments, data, and information from interested
parties submitted in response to the September 2021 NOPD, DOE finalized
the coverage determination for air cleaners. 87 FR 42297 (July 15,
2022) (``July 2022 Determination''). As part of the determination, DOE
adopted a definition of ``air cleaners.''
DOE has reevaluated whether including air cleaners as a covered
product is necessary and appropriate to carry out the purposes of EPCA.
Based on that reevaluation, DOE has tentatively determined that, at
this time, it is not necessary or appropriate to classify air cleaners
as a covered product to carry out the purposes of EPCA. EPCA provides
the Secretary discretion in classifying a type of consumer product as a
covered product as the Secretary may classify if certain requirements
are met. (See 42 U.S.C. 6292(b) (emphasis added)). DOE found in the
July 2022 Determination that classifying air cleaners as a covered
product was needed to set energy conservation standards for air
cleaners and carry out EPCA's purposes to conserve energy supplies and
provide for improved energy efficiency of other consumer products. See
87 FR 42297, 42304. But, using the discretion provided by EPCA for
classifying additional covered products, DOE has tentatively determined
that there are other avenues to conserve energy supplies than
classifying air cleaners as a covered product and establishing
standards. Therefore, DOE has tentatively found that classifying air
cleaners as a covered product is not necessary or appropriate to carry
out the purposes of EPCA.
Additionally, if DOE proceeds with issuing a final withdrawal of
the coverage determination for air cleaners, then DOE subsequently
lacks the authority to prescribe test procedures and energy
conservation standards for

[[Page 20837]]

air cleaners. (See 42 U.S.C. 6293(b); 42 U.S.C. 6295(o)(2)(A) and
(o)(3)(B)). For this reason, DOE is also proposing to withdraw the
applicable test procedures, certification requirements, and energy
conservations standards for air cleaners. See 10 CFR 430, subpart B,
appendix FF; 10 CFR 429.68; 10 CFR 430.32(ee).
DOE requests comment on all aspects of its proposal to withdraw
coverage for air cleaners.

II. 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. 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 Regulatory Flexibility Act

Under the Regulatory Flexibility Act (as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C.
601 et seq.), whenever a Federal agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
DOE reviewed this proposed withdrawal of determination under the
provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. This proposal does not
establish test procedures or standards for air cleaners, and, if
adopted, DOE would no longer have the authority to consider
establishing or amending such measures. 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,'' 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 of determination, which proposes that air
cleaners do not meet the criteria for a covered product for which the
Secretary may consider prescribing energy conservation standards
pursuant to 42 U.S.C. 6295(o) and (p), 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 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 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 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 section 3(b) to determine whether they are met or it
is unreasonable to meet one

[[Page 20838]]

or more of them. DOE has completed the required review and determined
that, to the extent permitted by law, this proposed withdrawal of
determination meets the relevant standards of E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

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 of determination according to
UMRA and its statement of policy and determined that the proposed
withdrawal of determination 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 of determination 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 of
determination 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 withdrawal of determination 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.
DOE has tentatively determined that this rule would not have a
significant adverse effect on the supply, distribution, or use of
energy. Accordingly, DOE has not prepared a Statement of Energy
Effects. DOE may prepare such a statement for the final rule, and seeks
all comments.

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.\1\ 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

[[Page 20839]]

process of evaluating the resulting report.\2\
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\1\ The 2007 ``Energy Conservation Standards Rulemaking Peer
Review Report'' is available at the following website:
<a href="http://www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0">www.energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0</a> (last accessed July 1,
2022).
\2\ The report is available at <a href="http://www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards">www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards</a>.
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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 E.O.
14192 deregulatory action.

III. Public Participation

A. Participation in the Webinar

The time, date, and location of the webinar 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
NOPR, 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 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 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
notification of proposed determination 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 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. Comments and documents submitted via
email also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If you do not want

[[Page 20840]]

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. With this instruction followed, 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. No faxes will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, 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 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 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).

E. Issues on Which DOE Seeks Comments

DOE welcomes comments on all aspects of this proposed withdrawal of
determination. DOE is particularly interested in receiving comments and
views of interested parties concerning whether withdrawing the coverage
determination of air cleaners as a covered product is consistent with
the purposes of EPCA.
DOE is also interested in receiving views concerning other relevant
issues that participants believe would affect the tentative conclusions
presented in this document.
After the expiration of the period for submitting written
statements, DOE will consider all comments and additional information
that is obtained from interested parties or through further analyses,
and it may prepare a final withdrawal of the coverage determination for
air cleaners.

IV. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this proposed
withdrawal of determination; request for comments.

List of Subjects

10 CFR Part 429

Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Small businesses.

10 CFR Part 430

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.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.

For the reasons set forth in the preamble, DOE is proposing to
amend parts 429 and 430 of chapter II, subchapter D, of title 10 of the
Code of Federal Regulations, to read as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND INDUSTRIAL EQUIPMENT

0
1. The authority for part 429 continues to read as follows:

Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

Sec. 429.68 [Removed and reserved]

0
2. Remove and reserve Sec. 429.68.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. The authority citation for part 430 continues to read as follows:

Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

Sec. 430.2 [Amended]

0
4. Amend Sec. 430.2 by removing the definition of ``Air cleaner''.

Sec. 430.23 [Amended]

0
5. Amend Sec. 430.23 by removing and reserving paragraph (hh).

Appendix FF to Subpart B of Part 430 [Removed]

0
6. Remove and reserve appendix FF to subpart B of part 430.

Sec. 430.32 [Amended]

0
7. Amend Sec. 430.32 by removing paragraph (ee).

[FR Doc. 2025-08596 Filed 5-12-25; 9:30 am]
BILLING CODE 6450-01-P

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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.