[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Proposed Rules]
[Pages 7556-7557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3341]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / 
Proposed Rules

[[Page 7556]]



DEPARTMENT OF ENERGY

10 CFR Part 460

[Docket No. EERE-2009-BT-BC-0021]
RIN 1904-AC11


Energy Efficiency Standards for Manufactured Housing

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Advance notice of proposed rulemaking (ANOPR); request for 
comment.

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SUMMARY: The U.S. Department of Energy (DOE) has initiated the process 
to develop and publish energy standards for manufactured housing as 
directed by the Energy Independence and Security Act (EISA) of 2007. To 
facilitate this process, enhance the quality of the standards and 
supporting documentation, and to allow interested parties to provide 
suggestions, comments and information, DOE is publishing this advance 
notice of proposed rulemaking. As the energy efficiency standards would 
cover new manufactured housing, DOE is interested in information that 
relates to the design, construction, financing, operating costs, and 
other areas of relevance to establishing and implementing such 
standards. This notice identifies several areas on which DOE is 
particularly interested in receiving information; however, any input 
and suggestions considered relevant to the topic are welcome.

DATES: Written comments and information are requested on or before 
March 24, 2010.

ADDRESSES: Interested persons may submit comments, identified by docket 
number EERE-2009-BT-BC-0021, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#105d717e6576717364656275743e587f6563797e775075753e747f753e777f66"><span class="__cf_email__" data-cfemail="89c4e8e7fcefe8eafdfcfbeceda7c1e6fcfae0e7eec9ececa7ede6eca7eee6ff">[email protected]</span></a>. Include EERE-
2009-BT-BC-0021 in the subject line of the message.
    <bullet> Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Energy Efficiency 
Standards for Manufactured Housing, EERE-2009-BT-BC-0021, 1000 
Independence Avenue, SW., Washington, DC 20585-0121. Phone: (202) 586-
2945. Please submit one signed paper original.
    <bullet> Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit 
one signed paper original.
    <bullet> Instructions: All submissions received must include the 
agency name and docket number or RIN for this rulemaking.
    <bullet> Docket: For access to the docket to read background 
documents, or comments received, go to the U.S. Department of Energy, 
6th Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Please call Ms. Brenda Edwards at (202) 586-2945 for 
additional information regarding visiting the Building Technologies 
Resource Room.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information to Messer's Ronald B. Majette or Harry Indig, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, Mr. Majette (202) 586-7935, e-
mail: <a href="/cdn-cgi/l/email-protection#d6a4b9b8b7bab2f8bbb7bcb3a2a2b396b3b3f8b2b9b3f8b1b9a0"><span class="__cf_email__" data-cfemail="82f0edece3eee6acefe3e8e7f6f6e7c2e7e7ace6ede7ace5edf4">[email protected]</span></a> or Mr. Indig (202) 287-1585, e-mail: 
<a href="/cdn-cgi/l/email-protection#86eee7f4f4ffa8efe8e2efe1c6e3e3a8e2e9e3a8e1e9f0"><span class="__cf_email__" data-cfemail="c1a9a0b3b3b8efa8afa5a8a681a4a4efa5aea4efa6aeb7">[email protected]</span></a>. In the Office of the General Counsel, contact 
Mr. Michael Jensen, U.S. Department of Energy, Office of the General 
Counsel, Forrestal Building, GC-71, 1000 Independence Avenue, SW., 
Washington, DC 20585. Telephone: (202) 586-5829. E-mail: 
<a href="/cdn-cgi/l/email-protection#6825010b00090d0446220d061b0d06280019460c070d460f071e"><span class="__cf_email__" data-cfemail="99d4f0faf1f8fcf5b7d3fcf7eafcf7d9f1e8b7fdf6fcb7fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Authority and Background: Section 413 of the Energy Independence 
and Security Act of 2007 (EISA), 42 U.S.C. 17071 requires that DOE:

<bullet> Establish by rule standards for energy efficiency in 
manufactured housing within four (4) years of the date of enactment of 
EISA.
<bullet> Provide a notice and an opportunity for comment on the 
proposed standards by all interested parties.
<bullet> Consult with the Secretary of the U.S. Department of Housing 
and Urban Development (HUD), who can seek further counsel from the HUD 
Manufactured Housing Consensus Committee.
<bullet> Base the energy efficiency standards on the most recent 
version of the International Energy Conservation Code (IECC), except 
where DOE finds that the IECC is not cost effective, or a more 
stringent standard would be more cost effective, based on the impact of 
the IECC on the purchase price of manufactured housing and on total 
life-cycle construction and operating costs.
<bullet> In establishing the energy efficiency standards, DOE is 
directed to consider:
    [cir] The design and factory construction techniques of 
manufactured housing,
    [cir] The climate zones established in HUD's current manufactured 
housing energy efficiency standards rather than the climate zones in 
the IECC, and
    [cir] Alternative practices that result in net estimated energy 
consumption equal to or less than the specific IECC standards.
<bullet> Provide a system for enforcement in which ``[a]ny manufacturer 
of manufactured housing that violates a provision of the regulations 
under subsection (a) is liable to the United States for a civil penalty 
in an amount not exceeding 1 percent of the manufacturer's retail list 
price of the manufactured housing.''
    In view of the above, DOE believes it is important to allow 
interested parties an opportunity to provide information they feel will 
assist DOE in developing the proposed standards. This initial request 
for input will be followed by a notice of proposed rulemaking, based on 
the information received as a result of this notice and other data and 
information gathered by DOE.

Public Participation

A. Submission of Information

    DOE will accept comments in response to this notice under the 
timeline provided in the DATES section

[[Page 7557]]

above. Comments submitted to the Department by e-mail should be 
provided in WordPerfect, Microsoft Word, PDF, or text file format. 
Those responding should avoid the use of special characters or any form 
of encryption, and wherever possible, comments should include the 
electronic signature of the author. Comments submitted to the 
Department by mail or hand delivery/courier should include one signed 
original paper copy. No telefacsimiles will be accepted.
    Comments submitted in response to this notice will become a matter 
of public record and will be made publicly available.

B. Issues on Which DOE Seeks Information

    DOE is particularly interested in receiving information on the 
following issues:
    (1) Differences between site-built and factory-built construction 
techniques that may justify creating unique energy efficiency 
requirements for manufactured housing that are different from the 
requirements in the 2009 IECC.
    (2) Specific construction cost data on manufactured home measures 
affecting energy efficiency such as insulation levels including 
associated construction impacts, fenestration (windows, skylights and 
doors), duct design and insulation, and permanent lighting; 
specifically any information on an increase or decrease in first cost 
to the home purchaser of designing and constructing manufactured homes 
consistent with the current IECC.
    (3) Other economic parameters such as lending scenarios, interest 
rates, loan duration, energy costs, and recommended values and 
approaches for addressing financial considerations and life cycle 
costs.
    (4) Statistics associated with HVAC system and equipment type, 
window type, and insulation levels, provided in recently built new 
manufactured homes by state or region.
    (5) Energy and/or operational cost savings estimates and/or metered 
data associated with different energy options for manufactured housing 
design and construction.
    (6) The range of design specifications available for products, 
systems, equipment, and materials used in the construction of 
manufactured homes, and statistics on their frequency of use in 
manufactured homes.
    (7) The manner in which applicable climatic differences should be 
addressed through a singular energy standard addressing manufactured 
homes.
    (8) Areas in the current HUD code that are directly or indirectly 
related to energy or affect energy use of which DOE should be aware in 
establishing energy standards for manufactured housing (e.g., 
structural requirements that could affect the ability of a wall 
assembly to meet certain energy efficiency criteria or the relationship 
of wind loads and fenestration design).
    (9) Relationship, if any, DOE energy standards for manufactured 
housing should have with other existing energy programs for 
manufactured housing (e.g., ENERGY STAR) and/or the analysis that DOE 
should conduct in assessing such programs.
    (10) Relationship, if any, that DOE energy conservation standards 
for manufactured housing should have with HUD's manufactured home 
construction and safety standards.
    (11) Whether DOE's system of enforcement should compliment and/or 
be compatible with HUD's existing system of enforcement of the HUD Code 
for manufactured homes.
    (12) What characteristics should DOE's system of enforcement have.
    (13) Suggested sources, studies, and research results of other 
information considered relevant to DOE's effort to establish energy 
standards for manufactured housing.
    Docket: For direct access to the docket, go to the U.S. Department 
of Energy, 950 L'Enfant Plaza (Resource Room of the Building 
Technologies Program, Sixth Floor), Washington, DC, between 9 a.m. and 
4 p.m., Monday through Friday, except Federal holidays. Please call Ms. 
Brenda Edwards at (202) 586-2945 for additional information regarding 
the Resource Room.
    Procedural Requirements: Today's regulatory action has been 
determined to be a significant regulatory action under section 3(f)(1) 
of Executive Order 12866, ``Regulatory Planning and Review'', 58 FR 
51735 (Oct. 4, 1993). Accordingly, section 6(a)(3) of the Executive 
Order requires a review of this advance notice of proposed rulemaking 
by the Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget. OIRA has concluded its review.
    DOE intends to develop a regulatory impact analysis (RIA), also 
identified by section 6(a)(3), as this rulemaking process proceeds. As 
part of the notice of proposed rulemaking the draft RIA would be 
presented to OIRA for review and would be included in the rulemaking 
record for public review.

    Statutory Authority:  Section 413 of the Energy Independence and 
Security Act of 2007 (EISA), 42 U.S.C. 17071.

    Issued in Washington, DC, on January 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-3341 Filed 2-19-10; 8:45 am]
BILLING CODE 6450-01-P


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