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.

Proposed Rules Federal Register

88844 

Vol. 88, No. 246 

Tuesday, December 26, 2023 

1The National Manufactured Housing 

Construction and Safety Standards Act of 1974, as 

amended, defines ‘‘manufactured home’’ as a 

structure, transportable in one or more sections, 

which in the traveling mode is 8 body feet or more 

in width or 40 body feet or more in length or which 

when erected on-site is 320 or more square feet, and 

which is built on a permanent chassis and designed 

to be used as a dwelling with or without a 

permanent foundation when connected to the 

required utilities, and includes the plumbing, 

heating, air conditioning, and electrical systems 

contained therein . . . . . 42 U.S.C. 5402(6). 

2See 42 U.S.C. 5403(f). See also 24 CFR 3282.12. 

DEPARTMENT OF ENERGY 

10 CFR Part 460 

[EERE–2009–BT–BC–0021] 

RIN 1904–AF53 

Energy Conservation Program: Energy 

Conservation Standards for 

Manufactured Housing; Enforcement 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) is proposing to establish 

enforcement procedures for its energy 

conservation standards for 

manufactured housing. DOE recently 

amended the compliance date for these 

standards in a final rule to delay 

compliance. DOE delayed the 

compliance date to allow DOE more 

time for this rulemaking to establish 

enforcement procedures that provide 

clarity for manufacturers and other 

stakeholders regarding DOE’s 

expectations of manufacturers and 

DOE’s plans for enforcing the standards. 

DATES: DOE will accept comments, data, 

and information regarding the notice of 

proposed rulemaking received no later 

than February 26, 2024. See section V, 

‘‘Public Participation,’’ for details. 

ADDRESSES: The docket for this 

proposed rulemaking, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The docket web page can be found at 

www.regulations.gov/docket?D=EERE2009-BT-BC-0021. The docket web page 

contains instructions on how to access 

all documents, including public 

comments, in the docket. See section V 

for information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Matthew Schneider, U.S. Department of 

Energy, Office of the General Counsel 

(GC–33), 1000 Independence Avenue 

SW, Washington, DC 20585; Telephone: 

(240) 597–6265; Email: 

matthew.schneider@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Discussion of Proposed Rule 

III. Expected Costs to Manufacturers From 

the Proposed Rule 

IV. Procedural Issues and Regulatory Review 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Background 

The Energy Independence and 

Security Act of 2007 (‘‘EISA,’’ Pub. L. 

110–140) directs the U.S. Department of 

Energy (‘‘DOE’’ or, in context, ‘‘the 

Department’’) to establish energy 

conservation standards for 

manufactured housing.1 (42 U.S.C. 

17071) Manufactured homes are 

constructed according to standards 

administered by the U.S. Department of 

Housing and Urban Development 

(‘‘HUD Code’’). 24 CFR part 3280. See 

also generally 42 U.S.C. 5401–5426. 

Structures, such as site-built and 

modular homes, that are constructed to 

state, local, or regional building codes 

are excluded from the coverage of the 

HUD Code.2

EISA directs DOE to base its standards 

on the most recent version of the 

International Energy Conservation Code 

(‘‘IECC’’) and any supplements to that 

code, except in cases where DOE finds 

that the IECC is not cost-effective or 

where 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. (See 42 U.S.C. 

17071(b)(1)) 

On June 17, 2016, DOE published in 

the Federal Register a notice of 

proposed rulemaking (‘‘NOPR’’) to 

propose energy conservation standards 

for manufactured housing, including 

proposals recommended by the 

negotiated rulemaking working group 

for manufactured housing. 81 FR 39756 

(‘‘June 2016 NOPR’’). DOE received 

nearly 50 comments on the proposed 

rule during the comment period. In 

addition, DOE also received over 700 

substantively similar form letters from 

individuals. 

On August 3, 2018, DOE published a 

Notice of Data Availability (‘‘NODA’’), 

stating it was examining possible 

alternatives to the requirements 

proposed in the June 2016 NOPR and 

seeking further input from the public, 

including on first-time costs related to 

the purchase of manufactured homes. 83 

FR 38073 (‘‘August 2018 NODA’’). Prior 

to the NODA, in December of 2017, the 

Sierra Club filed a lawsuit against DOE 

in the U.S. District Court for the District 

of Columbia, alleging that DOE had 

failed to meet its statutory deadline for 

establishing energy conservation 

standards for manufactured housing. 

Sierra Club v. Granholm, No. 1:17–cv– 

02700–EGS (D.D.C. filed Dec. 18, 2017). 

In November 2019, the court entered a 

consent decree in which DOE agreed to 

complete the rulemaking by stipulated 

dates. 

After evaluating the comments 

received in response to the June 2016 

NOPR and the August 2018 NODA, DOE 

published a supplemental NOPR 

(‘‘SNOPR’’) on August 26, 2021, in 

which DOE proposed energy 

conservation standards for 

manufactured homes based on the 2021 

IECC. 86 FR 47744 (‘‘August 2021 

SNOPR’’). DOE’s primary proposal in 

the August 2021 SNOPR was a ‘‘tiered’’ 

approach based on the 2021 IECC. The 

‘‘tiered’’ approach identifies a subset of 

less stringent energy conservation 

standards for certain manufactured 

homes (based on retail list price) in light 

of the cost-effectiveness considerations 

required by EISA. DOE’s alternate 

proposal was an ‘‘untiered’’ approach, 

wherein energy conservation standards 

for all manufactured homes would be 

based on certain thermal envelope 

components and specifications of the 

2021 IECC. Both proposals replaced the 


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June 2016 NOPR proposal. Id. DOE 

sought comment on these proposals, as 

well as alternate thresholds, including a 

size-based threshold (e.g., square 

footage, number of sections) and a 

region-based threshold, and alternative 

exterior wall insulation requirements 

(R–21) for certain HUD zones. Id. 

On October 26, 2021, DOE published 

a NODA regarding updated inputs and 

results of the analyses presented in the 

August 2021 SNOPR (both ‘‘tiered’’ and 

‘‘untiered’’ approaches), including a 

sensitivity analysis regarding an 

alternative sized-based tier threshold 

and an alternate exterior wall insulation 

requirement (R–21) for certain HUD 

zones. 86 FR 59042 (‘‘October 2021 

NODA’’). In addition, DOE reopened the 

public comment period on the August 

2021 SNOPR through November 26, 

2021. DOE sought comments on the 

updated inputs and corresponding 

analyses, encouraged stakeholders to 

provide additional data to inform the 

analyses, and stated it might further 

revise the rulemaking analysis based on 

new or updated information. Id. 

On May 31, 2022, DOE published a 

final rule codifying the proposed energy 

conservation standards for 

manufactured housing in a new part of 

the Code of Federal Regulations (‘‘CFR’’) 

under 10 CFR part 460, subparts A, B, 

and C (‘‘May 2022 Final Rule’’). 87 FR 

32728. Subpart A of 10 CFR part 460 

presents generally the scope of the rule 

and provides definitions of key terms. 

Subpart B establishes new requirements 

for manufactured homes that relate to 

climate zones, the building thermal 

envelope, air sealing, and installation of 

insulation, based on certain provisions 

of the 2021 IECC. Subpart C establishes 

new requirements based on the 2021 

IECC related to duct sealing; heating, 

ventilation, and air conditioning 

(‘‘HVAC’’); service hot water systems; 

mechanical ventilation fan efficacy; and 

heating and cooling equipment sizing. 

Under the energy conservation 

standards, the stringency of the 

requirements under subpart B are based 

on a tiered approach depending on the 

number of sections of the manufactured 

home. Accordingly, two sets of 

standards are established in subpart B 

(i.e., Tier 1 and Tier 2). Both Tier 1 and 

Tier 2 incorporate building thermal 

envelope measures based on certain 

thermal envelope components subject to 

the 2021 IECC that DOE determined 

applicable and appropriate for 

manufactured homes. Tier 1 applies 

these building thermal envelope 

provisions to single-section 

manufactured homes, but only includes 

components at stringencies that would 

increase the incremental purchase price 

by less than $750 in order to address 

affordability concerns that were raised 

by HUD and other stakeholders during 

the consultation and rulemaking 

process. Tier 2 applies these same 

building thermal envelope provisions to 

multi-section manufactured homes but 

at higher stringencies specified for sitebuilt homes in the 2021 IECC, with an 

alternate exterior wall insulation 

requirement (R–21) for climate zones 2 

and 3 based on consideration of the 

design and factory construction 

techniques of manufactured homes, as 

presented in the August 2021 SNOPR 

and October 2021 NODA. Manufacturers 

can comply with the building thermal 

envelope requirements through a 

prescriptive pathway (e.g., using 

materials with specified ratings) or a 

performance pathway based on overall 

thermal transmittance (Uo) 

performance. See 10 CFR 460.102(c). 

Further, the energy conservation 

standards for both tiers also include 

duct and air sealing, insulation 

installation, HVAC and service hot 

water system specifications, mechanical 

ventilation fan efficacy, and heating and 

cooling equipment sizing provisions, 

based on the 2021 IECC. DOE concluded 

that this approach is cost-effective based 

on the expected total life-cycle cost 

(‘‘LCC’’) savings for the lifetime of the 

home associated with implementation 

of the energy conservation standards. 

See e.g., 87 FR 32742. 

In the May 2022 Final Rule, DOE 

adopted a compliance date such that the 

standards would apply to manufactured 

homes that are manufactured on or after 

one year following the publication date 

of the final rule in the Federal Register, 

which is May 31, 2023. In doing so, 

DOE noted its belief that many 

manufacturers already have experience 

complying with efficiency requirements 

similar to what DOE required in the 

May 2022 Final Rule based on 

manufacturers’ previous experience 

with HUD Uo requirements and 

ENERGY STAR Version 2 efficiency 

requirements for homes produced on or 

after June 1, 2020. 87 FR 32759. DOE 

did not specify its approach for 

enforcement of the standards in the May 

2022 Final Rule and noted that 

manufacturers would be able to comply 

with the standards as they were issued. 

In fact, DOE noted that many of the 

requirements in the standards would 

require minimal compliance efforts (e.g., 

documenting the use of materials 

already subject to separate Federal or 

industry standards, such as the R-value 

of insulation or U-factor values for 

fenestration). 87 FR 32758, 32790. 

Nevertheless, DOE stated in the May 

2022 Final Rule that it may address 

compliance and enforcement issues and 

procedures in a future agency action 

(see 87 FR 32757–32758), which is 

discussed further in section II of this 

document. 

On March 24, 2023, DOE published in 

the Federal Register a NOPR proposing 

to amend the compliance date for the 

manufactured housing energy 

conservation standards (88 FR 17745, 

‘‘March 2023 NOPR’’). In that NOPR, 

DOE described the need to amend the 

compliance date for the manufactured 

housing standards, noting that it had not 

yet issued procedures for investigating 

and enforcing against noncompliance 

with the standards, and that a delay was 

necessary to ensure that DOE can 

receive and incorporate meaningful 

stakeholder feedback into its 

enforcement procedures prior to part 

460’s compliance date. Accordingly, 

DOE proposed to require compliance 

with the Tier 1 standards beginning 60 

days after publication of its final 

enforcement procedures, and 

compliance with the Tier 2 standards 

beginning 180 days after publication of 

its final enforcement procedures. By 

final rule published on May 30, 2023 

(May 2023 Final Rule) DOE amended 

the compliance date for part 460 

consistent with its proposed compliance 

date in the NOPR for Tier 1 (i.e., 60 days 

after issuance of DOE’s enforcement 

procedures for part 460). However, for 

Tier 2, DOE amended the compliance 

date to July 1, 2025. 88 FR 34411. After 

consideration of comments on the 

NOPR, DOE determined that amending 

the compliance date to July 1, 2025, for 

Tier 2 homes would (1) provide greater 

certainty for manufacturers versus an 

indeterminate date, (2) ensure DOE will 

have enough time to develop 

enforcement procedures and engage in 

the rulemaking process, including 

providing adequate time for 

stakeholders to submit robust feedback 

on DOE’s proposed enforcement 

procedures, and (3) provide 

manufacturers with sufficient time to 

adjust their operations and practices 

consistent with DOE’s enforcement 

procedures. 88 FR 34412. 

II. Discussion of Proposed Rule 

Pursuant to section 413 of the Energy 

Independence and Security Act 

(‘‘EISA’’), DOE is authorized to initiate 

enforcement actions to ensure 

compliance with its energy conservation 

standards for manufactured housing. In 

this section, DOE provides a section-bysection analysis of its proposed rule to 

establish procedures for such 

enforcement actions. As discussed 

herein, DOE proposes to amend subpart 


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3As discussed in the Notice of Noncompliance 

section, for the first five years after the compliance 

date for a type of home (Tier 1 or 2), DOE will 

consider only units the manufacturer sold, 

imported, or distributed in commerce from the 

compliance date for that type of home (Tier 1 or 2) 

to the date the notice of noncompliance 

determination is issued. Once five years has passed 

from the compliance date for a type of home, DOE 

will consider units the manufacturer sold, 

imported, or distributed in commerce for the five 

years prior to the date the notice of noncompliance 

is issued. 

D to its regulations at 10 CFR part 460 

to set forth prohibited acts, civil penalty 

amounts, investigation and enforcement 

procedures, recordkeeping 

requirements, and civil penalty 

collection procedures. In particular, 

DOE proposes that it will determine 

compliance by reviewing certain 

manufacturer records. DOE is not 

proposing specific test procedures to 

demonstrate compliance with DOE’s 

standards. Nor is DOE proposing to 

require manufacturers to certify that 

their manufactured home models 

comply with DOE’s standards. In 

addition, DOE proposes to clarify that 

manufacturers may demonstrate 

compliance with the 10 CFR 460.205 

requirements for sizing of heating and 

cooling equipment by using either the 

approach in the Air Conditioning 

Contractors of America (ACCA) Manual 

J and ACCA Manual S or the approach 

codified in HUD’s regulations at 24 CFR 

3280.508. 

General Counsel Responsibilities 

Proposed § 460.302 provides that the 

Office of the DOE General Counsel may 

assist in investigations of alleged 

violations of part 460, prosecute civil 

enforcement actions under part 460, 

compromise and assess civil penalties 

initiated under part 460, represent DOE 

in any formal proceedings or hearings 

before an Administrative Law Judge 

(‘‘ALJ’’) in cases involving alleged 

violations of part 460, and refer cases to 

the Attorney General for the collection 

of civil penalties. 

Prohibited Acts and Civil Penalties 

Proposed § 460.304 lists prohibited 

acts that will be subject to civil 

enforcement action under part 460. 

These prohibited acts include the sale, 

importation, or distribution into 

commerce in the United States of a 

manufactured home that is not in 

compliance with any energy 

conservation standard or requirement in 

part 460. (42 U.S.C. 17071) They also 

include any failure of a manufacturer to 

maintain, provide to DOE, or permit 

DOE access to any information, records, 

or documents required under part 460. 

DOE also proposes in § 460.304 to 

clarify that certain acts relating to sizing 

of heating and cooling equipment 

comply with the energy conservation 

standard and do not constitute a 

violation under § 460.304(a)(2). 

Specifically, in § 460.304(d), DOE 

proposes to clarify that a manufacturer 

may use the approach codified in HUD 

regulations referencing the American 

Society of Heating, Refrigerating and Air 

Conditioning Engineers (ASHRAE) 

Handbook of Fundamentals for 

determining manufactured home heat 

loss/heat gain. See 24 CFR 3280.508. 

DOE is proposing to clarify that this 

approach can be used in lieu of using 

Air Conditioning Contractors of 

America (ACCA) Manual J and ACCA 

Manual S for sizing of heating and 

cooling equipment as specified in the 

energy conservation standard at 10 CFR 

460.205. DOE has tentatively 

determined that both approaches 

sufficiently align with the intent of 10 

CFR 460.205 supporting appropriate 

sizing of heating and cooling equipment 

in manufactured housing and are not 

expected to impact the stringency of the 

energy conservation standards in 

§ 460.205. Further, DOE understands 

that certain details of the final 

installation location, such as the house 

orientation, may not always be available 

when equipment sizing is occurring. 

Thus, DOE proposes to allow an 

alternate sizing approach to be used as 

specified by the ASHRAE Handbook of 

Fundamentals pursuant to the 

methodology adopted by HUD. 

Proposed § 460.304 explains the 

potential civil penalties for prohibited 

acts under part 460. It provides that a 

manufacturer that commits a prohibited 

act may be subject to assessment of a 

civil penalty of up to one percent of the 

manufacturer’s retail list price of the 

manufactured home per violation, in 

keeping with the maximum civil 

penalty for violations of provisions of 

DOE’s energy conservation 

manufactured housing regulations set 

forth in accordance with section 413(c) 

of EISA. 

Proposed § 460.304 also describes 

how DOE will calculate civil penalties 

for prohibited acts. It provides that each 

day a manufacturer fails to maintain, 

provide, or permit access to 

information, records, or documents will 

be considered a separate violation. It 

also provides that each failure to 

comply with a standard or requirement 

of part 460, per unit sold, imported, or 

introduced into commerce in the United 

States, will be considered a separate 

violation. For example, if a 

manufactured home model fails to 

comply with three standards in part 

460, the manufacturer has sold, 

imported, or distributed in commerce 

100 units of that model,3 and the retail 

list price of that model is $200,000, then 

the manufacturer will subject to a civil 

penalty of up to $600,000 ($200,000 

retail list price × 1% × 3 violations × 100 

units). 

DOE notes that section 413 of EISA 

does not specifically provide for the 

assessment of civil penalties for a 

manufacturer’s failure to maintain or 

provide to DOE information, records, or 

documents. However, section 413(a) 

requires the Secretary, by regulation, to 

establish standards for energy efficiency 

in manufactured housing. Section 413(c) 

provides that any manufacturer of 

manufactured housing that violates a 

provision of the regulations issued 

under section 413(a) is liable to the 

United States for a civil penalty. DOE is 

proposing to add these enforcement 

procedures pursuant to section 413(a) to 

carry out its obligation under EISA to 

ensure that manufacturers comply with 

DOE’s energy conservation standards. 

Accordingly, DOE is proposing to 

require manufacturers to maintain and 

provide information, records, and 

documents related to compliance with 

DOE’s energy conservation standards, 

and subjecting manufacturers that fail or 

refuse to do so to civil penalties, so that 

DOE can ensure that manufacturers 

provide DOE with the records necessary 

to determine whether they are 

complying with the manufactured 

housing energy conservation standards. 

DOE is also evaluating and considering 

its subpoena authority under EISA. 

In addition, the Secretary has the 

authority under 42 U.S.C. 7254 to 

prescribe procedural and administrative 

rules and regulations that the Secretary 

‘‘may deem necessary or appropriate to 

administer and manage the functions 

now or hereafter vested in’’ the 

Secretary. Under 42 U.S.C. 7101(b), the 

term ‘‘function’’ includes reference to 

any duty, obligation, power, authority, 

responsibility, right, privilege, and 

activity, or the plural thereof. The 

Secretary has determined that the 

proposed recordkeeping requirements 

and civil penalties in this rulemaking 

are necessary to administer and manage 

the Secretary’s duties and obligations 

under EISA. 

Investigation Procedures 

Proposed § 460.306 explains how 

DOE will conduct investigations to 

determine whether manufacturers are in 

compliance with the energy 

conservation standards and other 

requirements of part 460. DOE may 

initiate an investigation on its own or 

upon receipt of information alleging 


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4See 24 CFR 3282.203, 3282.417, and 3282.608. 

5A determination issued by DOE under this 

proposed rule shall be distinct from any other 

notices issued to a manufacturer by other agencies 

under their respective enforcement authority. 

potential noncompliance. DOE will not 

require manufacturers to certify to the 

Department that their designs or 

manufactured homes comply with part 

460. Rather, DOE may request that a 

manufacturer provide one or more of the 

records listed in this section so that 

DOE can determine whether the 

manufacturer is in compliance with the 

requirements of part 460. If DOE makes 

such a request of a manufacturer during 

an administrative action, investigation, 

or audit conducted by DOE pursuant to 

part 460, the manufacturer will be 

required to provide the requested 

records to DOE. As discussed 

previously, if a manufacturer fails or 

refuses to do so, the manufacturer will 

be subject to civil penalties. 

Paragraph (a) of the proposed 

§ 460.306 lists four types of records that 

DOE may request from a manufacturer 

to determine whether the manufacturer 

is in compliance with part 460. These 

are records that manufacturers must 

already maintain or provide to the 

Department of Housing and Urban 

Development (‘‘HUD’’) pursuant to HUD 

regulations in 24 CFR part 3282.4 Under 

proposed paragraph (c), DOE may 

request additional available records if 

DOE determines they are necessary as 

part of an administrative action, 

investigation, or audit. During the 

course of any such action, investigation, 

or audit, DOE also may obtain 

additional information and records from 

publicly available sources. 

DOE proposes to require 

manufacturers to maintain the records 

listed in paragraph (a) in accordance 

with HUD requirements. DOE is also 

considering requiring the records it is 

proposing to require manufacturers to 

maintain in § 460.306(a) to be retained 

for a specific period of years. DOE 

requests comment on whether it should 

proceed with such a requirement and 

what period of time may be appropriate. 

While DOE is not proposing to require 

manufacturers to maintain any 

additional records, under paragraph (c), 

a manufacturer may be required to 

provide to DOE additional records in its 

possession if DOE requests such records 

pursuant to an administrative action, 

audit, or investigation conducted by 

DOE against the manufacturer. 

Warning Letters 

Proposed § 460.308 would allow DOE 

to dispose of a matter with a Warning 

Letter if DOE determines that a violation 

or alleged violation of part 460 does not 

warrant the assessment of a civil 

penalty. This proposed section specifies 

that a Warning Letter issued under this 

section does not constitute a formal 

adjudication of the matter and is not 

subject to the appeal procedures 

proposed in this proposed rulemaking. 

Notice of Noncompliance Determination 

Proposed § 460.310 provides that if 

DOE determines that a manufactured 

home design or model does not conform 

to a standard or requirement in part 460, 

based on DOE’s investigation or 

admissions by a manufacturer, DOE may 

issue a notice of noncompliance 

determination to the manufacturer.5

DOE will review records to evaluate 

whether one or more of the aspects of 

a manufactured home design or model 

is noncompliant. If DOE determines that 

one or more aspects of the design or 

model is noncompliant, DOE may issue 

to the manufacturer a notice of 

noncompliance determination 

addressing each violation depending on 

the facts of the specific case. A 

manufacturer that receives a notice of 

noncompliance determination from 

DOE would be required to provide to 

DOE, within the 30-day time period 

prescribed by DOE, information 

pertaining to the acquisition, ordering, 

storage, shipment, importation, or sale 

of units of the design or model of 

manufactured home determined to be 

noncompliant. 

As noted previously, DOE issued a 

final rule (88 FR 34411) to delay 

compliance until July 1, 2025, for Tier 

2 homes, and until 60 days after 

issuance of enforcement procedures for 

Tier 1 homes. Accordingly, for the first 

five years after the compliance date for 

a type of home (Tier 1 or 2), DOE will 

request such information for the time 

from the compliance date for that type 

of home (Tier 1 or 2) to the date the 

notice of noncompliance determination 

is issued. Once five years has passed 

from the compliance date for a type of 

home, DOE will request such 

information for the five years prior to 

the date the notice of noncompliance is 

issued. For example, if DOE issues a 

notice of noncompliance determination 

for a Tier 2 manufactured home on 

August 1, 2027, DOE will request sales 

and other information for that model 

from July 1, 2025 (the compliance date 

for Tier 2 homes), through August 1, 

2027. However, if DOE issues a notice 

of noncompliance determination for a 

Tier 2 home on August 1, 2031, DOE 

will request sales and other information 

for that model for the five years prior to 

August 1, 2031. 

DOE will give manufacturers 30 

calendar days to provide the requested 

information. A manufacturer that fails 

or refuses to provide such information 

will be subject to civil penalties under 

part 460. 

Civil Enforcement Procedures 

Prior to imposing a civil penalty for 

noncompliance with part 460, DOE 

proposes to provide manufacturers with 

written notice of the proposed penalty 

and options for responding to the 

notice. Under proposed § 460.312, a 

manufacturer that receives a Notice of 

Proposed Civil Penalty will have 30 

days from receipt of the notice to 

exercise one of the following options: 

(1) request that DOE issue an Order 

assessing the civil penalty proposed in 

the notice, in which case the 

manufacturer waives the right to request 

a hearing before an ALJ; (2) request a 

settlement conference with the DOE 

attorney who issued the notice, in 

which case the manufacturer also may 

submit to DOE additional information 

and evidence related to the alleged 

violations, the amount of the proposed 

civil penalty, and the manufacturer’s 

ability to pay the proposed civil penalty; 

or (3) request a hearing before an ALJ. 

DOE is also considering providing 

manufacturers the option of seeking 

judicial review of the notice of civil 

penalty in a U.S. District Court in lieu 

of a hearing before an ALJ. DOE requests 

public comment on whether to include 

this option. 

DOE proposes in § 460.316 that if: a 

manufacturer does not respond to the 

notice within 30 days of receipt; the 

manufacturer selects option (2) but fails 

to attend the settlement conference; or 

the manufacturer selects option (2) and 

DOE and the manufacturer are unable to 

resolve the matter informally, DOE will 

issue a Final Notice of Proposed Civil 

Penalty to the manufacturer. The 

manufacturer will then have 15 days 

from receipt of the final notice to 

exercise one of the following options: 

(1) request that DOE issue an Order 

assessing the civil penalty proposed in 

the final notice, in which case the 

manufacturer waives the right to request 

a hearing before an ALJ; or (2) request 

a hearing before an ALJ. 

If the manufacturer fails to respond to 

the final notice within 15 days of 

receipt, the manufacturer waives the 

right to participate in the informal 

procedures set forth in this subpart and 

the right to request a formal hearing 

before an ALJ, and DOE will issue to the 

manufacturer an Order in which DOE 

finds that the manufacturer committed 

the violations alleged, and assesses the 


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6 24 CFR 3282.203(g) requires manufacturers to 

maintain a copy of the drawings, specifications, and 

sketches from each approved design received from 

a DAPIA under 24 CFR 3282.361(b)(4) and a copy 

of the approved quality assurance manual received 

from a DAPIA under 24 CFR 3282.361(c)(3). It 

requires the manufacturer to keep these materials 

current and readily accessible for use by the 

Secretary of HUD or other parties acting under the 

HUD regulations. 

civil penalty proposed, in the final 

notice. 

Proposed § 460.314 would allow DOE 

to compromise and settle civil penalty 

cases brought under part 460 at any time 

prior to a final decision by a Federal 

court of competent jurisdiction. In 

compromising or settling a civil penalty 

case, DOE may consider aggravating and 

mitigating factors. For more information 

on DOE’s civil penalty policy, see 

https://www.energy.gov/gc/articles/civilpenalties-energy-conservationstandards-program-violations-policystatement. 

If DOE and the manufacturer agree to 

compromise the proposed civil penalty 

at any time prior to a final decision by 

a Federal court of competent 

jurisdiction, DOE will issue to the 

manufacturer an Order assessing the 

agreed upon civil penalty. If a 

manufacturer requested a hearing before 

an ALJ, and the ALJ’s initial decision 

recommending a civil penalty is not 

appealed, DOE will issue an Order 

assessing the civil penalty 

recommended by the ALJ. DOE 

proposes to give manufacturers 30 days 

after receipt of any Order assessing a 

civil penalty under part 460 to pay the 

civil penalty. 

DOE believes the procedures in 

proposed §§ 460.312 to 460.316 are 

necessary to provide for the expeditious 

resolution of civil penalty cases under 

part 460, while maintaining the 

opportunity for manufacturers to engage 

with DOE to settle cases and providing 

due process to manufacturers, including 

the opportunity for hearings before an 

ALJ and the opportunity to appeal ALJ 

decisions. 

Administrative Law Judge Hearing and 

Appeal 

Proposed § 460.320 explains that if a 

manufacturer responds to a Notice of 

Proposed Civil Penalty or Final Notice 

of Proposed Civil Penalty by electing a 

formal hearing before an Administrative 

Law Judge, DOE will conduct such 

hearings in accordance with DOE’s 

Procedures for Administrative 

Adjudication of Civil Penalty Actions, 

which are available at: https://

www.energy.gov/gc/doe-proceduresadministrative-adjudication-civilpenalty-actions. 

Proposed § 460.320 provides that after 

considering all matters of record in a 

proceeding, the ALJ will issue an initial 

decision. The ALJ’s initial decision will 

include a statement of the ALJ’s findings 

and conclusions on all material issues of 

fact, law, and discretion, as well as the 

ALJ’s reasons for such findings and 

conclusions. If the ALJ finds that a 

manufacturer committed a prohibited 

act and that a civil penalty is warranted, 

the decision will include the amount of 

the civil penalty. DOE notes that 

nothing in this subpart guarantees that 

a case will proceed to a formal hearing, 

as an ALJ may issue an initial decision 

after considering the pleadings and any 

motions for decision. 

Proposed § 460.320 provides that if 

the ALJ’s initial decision includes a 

finding that a manufacturer committed 

a prohibited act and a recommended 

civil penalty, and the initial decision is 

not appealed in accordance with DOE’s 

Procedures for Administrative 

Adjudication of Civil Penalty Actions, 

the DOE General Counsel will issue an 

Order assessing the civil penalty. The 

DOE General Counsel will include in 

the Order the ALJ’s findings of fact, 

conclusions of law and discretion, and 

the amount of the civil penalty. 

Finally, proposed § 460.320 provides 

that if the ALJ’s initial decision is 

appealed in accordance with DOE’s 

Procedures for Administrative 

Adjudication of Civil Penalty Actions, 

then the DOE Decision Maker will issue 

a final agency decision in accordance 

with those procedures. The proposed 

section deviates from the procedures 

with respect to judicial review, 

however, in that it provides that any 

such final agency decision may be 

appealed to a federal court with 

competent jurisdiction instead of to a 

federal circuit court of appeals. It also 

provides that only a final agency 

decision may be appealed to a federal 

court of competent jurisdiction. 

Collection of Civil Penalties 

DOE proposes that if a manufacturer 

fails to pay an assessed civil penalty 

within 30 days of receipt of the Order 

assessing the civil penalty, DOE may 

refer the debt to the U.S. Treasury 

Department or the Attorney General of 

the United States, or his or her delegate, 

for collection of the civil penalty. DOE 

proposes that in any such action, the 

validity and appropriateness of the 

Order assessing the civil penalty will 

not be subject to review. 

III. Expected Costs to Manufacturers 

From the Proposed Rule 

In the May 2022 Final Rule, DOE 

monetized the costs and benefits 

expected to result from the amended 

standards. These costs included costs to 

manufacturers to produce and transport 

compliant manufactured homes, the 

increased installed costs that the 

consumer would see when purchasing 

and installing a new manufactured 

home, along with the incremental utility 

bill savings and incremental 

maintenance costs that a consumer 

would expect to experience during the 

lifetime operation. At the time of the 

May 2022 Final Rule, DOE had not 

determined the specific procedures it 

would utilize to ensure compliance with 

the energy conservation standards being 

adopted, but DOE noted its expectation 

that only minimal compliance efforts 

would be required, and that such efforts 

would result in minimal additional 

costs to manufacturers. See 87 FR 

23758. Based on the procedures DOE is 

proposing in this document, DOE 

tentatively concludes, consistent with 

the expectations it stated in the May 

2022 Final Rule, see Id., that the costs 

of complying with DOE’s enforcement 

mechanisms will be minimal. 

Specifically, in this rulemaking, DOE is 

not proposing to require manufacturers 

to conduct any testing of manufactured 

homes, require manufactured homes to 

be inspected prior to sale to consumers, 

or require manufacturers (or any thirdparty agency) to certify compliance with 

DOE’s energy conservation standards. 

Rather, the proposed regulations in this 

document outline DOE’s procedures for 

investigating potential instances of 

noncompliance, assessing civil penalties 

in accordance with EISA, and the 

associated appeals procedures. To 

ensure DOE is able to conduct such 

investigations, this proposed rule 

requires that a manufacturer maintain 

and provide to DOE information and 

records relevant to investigating and 

determining compliance with the energy 

conservation standards. However, the 

documentation that manufacturers 

would be required to maintain by 

§ 460.306(a) of this proposed rule is 

already subject to separate, existing 

maintenance requirements imposed by 

HUD. Therefore, this proposed rule 

would not impose any new, additional 

costs beyond the costs already required 

by separate requirements. See 88 FR 

45237. Specifically, DOE is proposing to 

require manufacturers to maintain the 

following records in accordance with 

HUD requirements: the information and 

records submitted by a manufacturer 

and approved by its Design Approval 

Primary Inspection Agency (DAPIA) 

pursuant to 24 CFR 3282.203(g) and 

3282.361(b)(4); 6 the approved quality 

assurance manual received from a 

DAPIA pursuant to 24 CFR 


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7 Id. 

8 24 CFR 3282.417(e) requires a manufacturer to 

maintain records related to such determinations, 

notifications, and corrections. 

9 24 CFR 3282.608(n) requires a manufacturer to 

maintain the approval notification from the DAPIA, 

the manufacturer’s final on-site inspection report 

and certification of completion, and the Production 

Inspection Primary Inspection Agency’s acceptance 

of the final site inspection report and certification. 

A manufacturer is required to make these records 

available for review by HUD in the factory of origin. 

In addition, 24 CFR 3282.608(q) requires a 

manufacturer to maintain all records for on-site 

completion for each home, as required by 24 CFR 

3282.608, in the unit file to be maintained by the 

manufacturer. 

3282.361(c)(3); 7 records related to a 

manufacturer’s determination of 

noncompliance, defect, serious defect, 

or imminent safety hazard, as well as 

any corrections made by the 

manufacturer that the manufacturer is 

required to maintain under 24 CFR 

3282.417; 8 and records and reports 

related to on-site construction of 

manufactured homes that the 

manufacturer is required to maintain 

pursuant to 24 CFR 3282.608.9

In light of the previous, DOE 

tentatively concludes additional costs 

imposed by this proposed rule would be 

minimal. For this reason, the adoption 

of the enforcement procedures proposed 

in this document would not alter DOE’s 

assessment in the May 2022 Final Rule 

of the costs resulting from the adoption 

of DOE’s energy conservation standards. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866, 13563 and 14094 

Executive Order (‘‘E.O.’’) 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), as 

supplemented and reaffirmed by E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ 76 FR 3821 (Jan. 

21, 2011), and amended by E.O. 14094, 

‘‘Modernizing Regulatory Review,’’ 88 

FR 21879 (April 11, 2023) 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 (recognizing 

that some benefits and costs are difficult 

to quantify); (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 (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (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. DOE emphasizes as 

well that E.O. 13563 requires agencies to 

use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 

possible. In its guidance, the Office of 

Information and Regulatory Affairs 

(‘‘OIRA’’) within the Office of 

Management and Budget (OMB) has 

emphasized that such techniques may 

include identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes. For the reasons 

stated in the preamble, this proposed 

regulatory action is consistent with 

these principles. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires the 

preparation of an initial regulatory 

flexibility analysis (IRFA) for any rule 

that by law must be proposed for public 

comment, unless the agency certifies 

that the rule, if promulgated, will not 

have a significant economic impact on 

a substantial number of small entities. 

As required by E.O. 13272, Proper 

Consideration of Small Entities in 

Agency Rulemaking, 67 FR 53461 (Aug. 

16, 2002), DOE published procedures 

and policies on February 19, 2003, to 

ensure that the potential impacts of its 

rules on small entities are properly 

considered during the rulemaking 

process. (68 FR 7990). The Department 

has made its procedures and policies 

available on the Office of General 

Counsel’s website: www.energy.gov/gc/ 

office-general-counsel. 

The proposed rule would establish 

enforcement procedures for DOE’s 

manufactured housing energy 

conservation standards. The proposed 

regulations largely outline DOE’s 

procedures for investigating instances of 

noncompliance, assessing civil penalties 

in accordance with EISA, and associated 

appeals procedures. DOE expects any 

costs borne by manufacturers as a result 

of the proposed rule to be negligible. 

Moreover, the proposed rule would 

apply equally across manufacturers and 

does not place small entities at a 

significant competitive disadvantage. 

Accordingly, DOE certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities, 

and, therefore, no regulatory flexibility 

analysis is required. Accordingly, DOE 

did not prepare an IRFA for this 

proposed rulemaking. DOE’s 

certification and supporting statement 

of factual basis will be provided 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 of 1995 

The proposed rule 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 

regulation in accordance with the 

National Environmental Policy Act of 

1969 (‘‘NEPA’’) and DOE’s NEPA 

implementing regulations (10 CFR part 

1021). DOE’s regulations include a 

categorical exclusion for amending an 

existing rule or regulation that does not 

change the environmental effect of the 

rule or regulation being amended. 10 

CFR part 1021, subpart D, appendix A5. 

DOE anticipates that this rulemaking 

qualifies for categorical exclusion A5 

because it is a rulemaking that is 

amending an existing rule or regulation 

that does not change the environmental 

effect of the rule or regulation being 

amended, and categorical exclusion A6, 

because it is procedural. No 

extraordinary circumstances exist that 

require further environmental analysis, 

and it otherwise meets the requirements 

for application of a categorical 

exclusion. See 10 CFR 1021.410. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (Aug. 10, 1999), imposes 

certain requirements on 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 E.O. 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 


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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. (See 

65 FR 13735.) DOE examined this 

proposed rule and determined that it 

would not preempt State law and 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. 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,’’ 61 FR 

4729 (Feb. 7, 1996), 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; and (3) provide a clear legal 

standard for affected conduct, rather 

than a general standard and promote 

simplification and burden reduction. 

Section 3(b) of E.O. 12988 specifically 

requires that executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) clearly specifies its 

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 its 

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, the 

proposed rule would meet 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) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and tribal 

governments and the private sector. For 

a proposed 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) and 

(b)). The section of 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 proposed ‘‘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 small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

www.energy.gov/gc/office-generalcounsel). This proposed rule contains 

neither an intergovernmental mandate 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, so these requirements 

under the Unfunded Mandates Reform 

Act do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 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 

DOE has determined, under E.O. 

12630, ‘‘Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights,’’ 53 FR 8859 

(Mar. 18, 1988), that this proposed rule 

would not result in any takings which 

might require compensation under the 

Fifth Amendment to the United States 

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 agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed the 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 

Executive Order 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, a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) is a significant regulatory action 

under E.O. 12866, or any successor 

order; and (2) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy, or (3) is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed 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 establishes 

enforcement procedures for DOE’s 

manufactured housing energy 

conservation standards and therefore 

does not meet the second criterion. 

Additionally, OIRA has not designated 

this proposed rule as a significant 

energy action. Accordingly, the 

requirements of E.O. 13211 do not 

apply. 

V. Public Participation 

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 proposed rule. 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 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 


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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 www.regulations.gov 

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 

www.regulations.gov 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 www.regulations.gov 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 www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

www.regulations.gov. 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. 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 from any defects or viruses. 

Documents should not contain special 

characters or any form of encryption 

and, if possible, 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’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 notice of proposed 

rulemaking. 

List of Subjects in 10 CFR Part 460 

Administrative practice and 

procedure, Buildings and facilities, 

Energy conservation, Housing 

standards, Reporting and recordkeeping 

requirements. 

Signing Authority 

This document of the Department of 

Energy was signed on December 6, 2023, 

by Samuel Walsh, General Counsel for 

the Department of Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on December 7, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE proposes to amend part 

460 of chapter II of title 10, Code of 

Federal Regulations as set forth below: 

PART 460—ENERGY CONSERVATION 

STANDARDS FOR MANUFACTURED 

HOMES 

■ 1. The authority citation for part 460 

continues to read as follows: 

Authority: 42 U.S.C. 17071; 42 U.S.C. 

7101 et seq. 

■ 2. Add subpart D to part 460 to read 

as follows: 

Subpart D—Enforcement 

Sec. 

460.300 Purpose and scope. 

460.302 Office of the General Counsel 

Responsibilities. 

460.304 Prohibited acts and civil penalties. 

460.306 Investigation of compliance. 

460.308 Warning letters. 

460.310 Notice of noncompliance. 

460.312 Notice of proposed Civil Penalty. 

460.314 Compromise and settlement. 

460.316 Final Notice of Proposed Civil 

Penalty. 

460.318 Order assessing a civil penalty. 

460.320 Administrative law judge hearing 

and appeal. 

460.322 Collection of civil penalties. 

§ 460.300 Purpose and scope. 

This subpart describes DOE’s 

investigative and enforcement 

procedures for ensuring compliance 

with the energy conservation standards 

set forth in this part. 

§ 460.302 Office of the General Counsel 

Responsibilities. 

The Department’s Office of the 

General Counsel may: 

(a) Assist in investigations, hold 

settlement conferences, issue 

subpoenas, require the production of 

relevant documents and records, and 

take evidence and depositions; 


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(b) Initiate civil penalties under 42 

U.S.C. 17071 and this subpart for any 

alleged violations of this part; 

(c) Compromise and assess civil 

penalties under 42 U.S.C. 17071 and 

this subpart for any violations of this 

part; 

(d) Represent DOE in any proceedings 

or hearings before an Administrative 

Law Judge (ALJ) in cases involving 

alleged violations of this part; and 

(e) Refer cases to the Attorney General 

of the United States, or the delegate of 

the Attorney General, for the collection 

of civil penalties. 

§ 460.304 Prohibited acts and civil 

penalties. 

(a) Each of the following acts is 

prohibited: 

(1) Failure of a manufacturer to 

provide, maintain, or permit access to 

any information, records, or documents 

required to be provided to DOE under 

this part. 

(2) Sale, importation, or distribution 

into commerce in the United States by 

a manufacturer of a manufactured home 

that is not in compliance with a 

standard or requirement under this part. 

(b) A manufacturer that commits a 

prohibited act may be subject to 

assessment of a civil penalty of no more 

than one percent of the manufacturer’s 

retail list price of the manufactured 

home per violation. 

(c) For violations of § 460.302(a)(1), 

each day of noncompliance shall 

constitute a separate violation. For 

violations of § 460.302(a)(2), each failure 

to comply with a standard or 

requirement of this part per unit sold, 

imported, or introduced into commerce 

in the United States shall constitute a 

separate violation. 

(d) Notwithstanding § 460.304(a)(2) of 

this section, use of the American 

Society of Heating, Refrigerating and Air 

Conditioning Engineers (ASHRAE) 

Handbook of Fundamentals as codified 

in HUD regulations at 24 CFR 3280.508, 

in lieu of Air Conditioning Contractors 

of America (ACCA) Manual J and ACCA 

Manual S for the sizing of heating and 

cooling equipment as specified in 10 

CFR 460.205, shall not be considered 

noncompliance. 

§ 460.306 Investigation of compliance. 

(a) For the purposes of this subpart, 

DOE may request that a manufacturer 

provide information and records 

relevant to determining compliance 

with any standard or requirement under 

this part, including one or more of the 

following: 

(1) The information and records 

submitted by a manufacturer to a Design 

Approval Primary Inspection Agency 

(DAPIA) pursuant to 24 CFR 3282.203 

and approved by the DAPIA pursuant to 

24 CFR 3282.361, including design 

deviation reports; 

(2) The approved quality assurance 

manual received from a DAPIA 

pursuant to 24 CFR 3282.361, including 

quality assurance manual deviation 

reports; 

(3) Records related to a 

manufacturer’s determination of 

noncompliance, defect, serious defect, 

or imminent safety hazard, as well as 

any corrections made by the 

manufacturer, that the manufacturer is 

required to maintain under 24 CFR 

3282.417; and 

(4) Records and reports related to onsite construction of manufactured 

homes that the manufacturer is required 

to maintain pursuant to 24 CFR 

3282.606 and 608. 

(b) A manufacturer must maintain the 

information and records described in 

paragraph (a) of this section in 

accordance with HUD requirements. 

(c) A manufacturer must provide to 

DOE the information and records 

described in paragraph (a) of this 

section, and any additional available 

records DOE determines necessary to 

determine a manufacturer’s compliance 

with any standard or requirement under 

this part, during an administrative 

action, investigation, or audit conducted 

by DOE against the manufacturer 

pursuant to this subpart. 

§ 460.308 Warning letters. 

(a) If DOE determines that a violation 

or an alleged violation of this part does 

not require the assessment of a civil 

penalty, DOE may dispose of the case by 

issuing a Warning Letter. 

(b) A Warning Letter shall recite the 

relevant facts and information about the 

incident or condition and indicate that 

it may have been a violation of this part. 

(c) A Warning Letter issued under this 

section does not constitute a formal 

adjudication of the matter and is not 

subject to appeal under this subpart. 

§ 460.310 Notice of noncompliance. 

(a) If DOE determines that a 

manufactured home design or model is 

noncompliant with a standard or 

requirement under this part, DOE may 

issue a notice of noncompliance 

determination to the manufacturer. 

(b) A manufacturer that receives a 

notice of noncompliance determination 

from DOE must provide to DOE, within 

30 days of the manufacturer’s receipt of 

the notice of noncompliance 

determination, information pertaining to 

the acquisition, ordering, storage, 

shipment, importation, or sale of units 

of the design or model of manufactured 

home determined to be noncompliant. 

§ 460.312 Notice of proposed Civil Penalty. 

(a) Issuance. The DOE General 

Counsel, or delegee, may initiate a civil 

penalty action under this part by serving 

a Notice of Proposed Civil Penalty on 

the manufacturer charged with a 

prohibited act. 

(b) Contents. The Notice of Proposed 

Civil Penalty shall: 

(1) Include a statement of the material 

facts constituting the alleged violation; 

(2) Include the statute, regulation, 

standard, and/or requirement allegedly 

violated; 

(3) Include the amount of the 

proposed civil penalty; and 

(4) Inform the manufacturer of its 

options in responding to the Notice of 

Proposed Civil Penalty. 

(c) Response. Not later than 30 days 

after receipt of the Notice of Proposed 

Civil Penalty, the manufacturer must 

submit to DOE: 

(1) A written request that DOE issue 

an Order assessing the civil penalty 

proposed in the Notice of Proposed 

Civil Penalty without further notice, in 

which case the manufacturer waives the 

right to request a formal hearing before 

an ALJ, and payment of the civil penalty 

is due within 30 days of the 

manufacturer’s receipt of the Order; 

(2) A written request for a settlement 

conference, at a date agreed upon by 

DOE and the manufacturer, to attempt to 

settle the matter informally, in which 

case the manufacturer also may submit 

to DOE written information and other 

evidence demonstrating that the 

manufactured home model is in 

compliance with the applicable 

standards and requirements under this 

part, that the proposed civil penalty is 

not warranted by the circumstances, or 

that the manufacturer is financially 

unable to pay the proposed civil 

penalty; or 

(3) A written request for a formal 

hearing before an ALJ in accordance 

with DOE’s Procedures for 

Administrative Adjudication of Civil 

Penalty Actions, available at: https://

www.energy.gov/gc/doe-proceduresadministrative-adjudication-civilpenalty-actions. 

§ 460.314 Compromise and settlement. 

(a) DOE may compromise, modify, or 

remit, with or without conditions, any 

civil penalty (with leave of court if 

necessary). 

(b) In exercising its authority under 

paragraph (a) of this section, DOE may 

consider the nature and seriousness of 

the violation, the efforts of the 

manufacturer to remedy the violation in 


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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 88853 

a timely manner, and other factors as 

justice may require. 

(c) DOE’s authority to compromise, 

modify, or remit a civil penalty may be 

exercised at any time prior to a final 

decision by a Federal court of 

competent jurisdiction. 

(d) Notwithstanding paragraph (a) of 

this section, DOE or the manufacturer 

may propose to settle a civil penalty 

case. If a settlement is agreed to by the 

parties, the manufacturer is notified, 

and the case is closed in accordance 

with the terms of the settlement. 

§ 460.316 Final Notice of Proposed Civil 

Penalty. 

(a) Issuance. DOE may issue a Final 

Notice of Proposed Civil Penalty to a 

manufacturer charged with committing 

a prohibited act in the following 

circumstances: 

(1) The manufacturer fails to respond 

to a Notice of Proposed Civil Penalty in 

accordance with § 460.307(c) within 30 

days of receipt of the notice; 

(2) The manufacturer requested a 

settlement conference under 

§ 460.307(c)(2) but failed to attend the 

conference or provide the DOE attorney 

a written request to reschedule the 

conference; or 

(3) DOE and the manufacturer have 

participated in a settlement conference 

but have not agreed to settle the action, 

and DOE has not agreed to withdraw the 

Notice of Proposed Civil Penalty. 

(b) Contents. The Final Notice of 

Proposed Civil Penalty shall contain a 

statement of the material facts 

constituting the alleged violation; the 

statute, regulation, standard, and/or 

requirement allegedly violated; the 

amount of the proposed civil penalty; 

and the manufacturer’s options in 

responding to the Final Notice of 

Proposed Civil Penalty. The Final 

Notice of Proposed Civil Penalty may 

reflect a modified allegation or proposed 

civil penalty as a result of new 

information submitted to DOE after the 

issuance of the Notice of Proposed Civil 

Penalty. 

(c) Response. Not later than 15 days 

after receipt of the Final Notice of 

Proposed Civil Penalty, the 

manufacturer must submit to DOE: 

(1) A written request that DOE issue 

an Order assessing the civil penalty 

proposed in the Final Notice of 

Proposed Civil Penalty without further 

notice, in which case the manufacturer 

waives the right to request a formal 

hearing before an ALJ, and payment of 

the civil penalty is due within 30 days 

of the manufacturer’s receipt of the 

Order; or 

(2) A written request for a formal 

hearing before an ALJ in accordance 

with DOE’s Procedures for 

Administrative Adjudication of Civil 

Penalty Actions, available at: https://

www.energy.gov/gc/doe-proceduresadministrative-adjudication-civilpenalty-actions. 

(d) Failure to respond. If a 

manufacturer fails to respond to a Final 

Notice of Proposed Civil Penalty in 

accordance with this section within 15 

days of the final notice, the 

manufacturer waives the right to 

participate in the informal procedures 

set forth in this subpart and the right to 

request a formal hearing before an ALJ, 

and DOE shall issue to the manufacturer 

an Order finding the violations alleged, 

and assessing the civil penalty 

proposed, in the Final Notice of 

Proposed Civil Penalty. 

§ 460.318 Order assessing a civil penalty. 

(a) Issuance pursuant to a settlement. 

DOE shall issue an Order assessing a 

civil penalty if DOE and the 

manufacturer have agreed to a civil 

penalty amount in compromise of a civil 

penalty case, in which case the 

manufacturer waives the right to request 

a formal hearing before an ALJ, and 

payment of the civil penalty is due 

within 30 days of the manufacturer’s 

receipt of the Order, unless DOE and the 

manufacturer agree to extend the 

payment deadline. 

(b) Issuance pursuant to a 

manufacturer’s request. DOE shall issue 

an Order assessing a civil penalty upon 

receipt of a written request from a 

manufacturer that DOE issue an Order 

assessing the civil penalty proposed in 

the Notice of Proposed Civil Penalty or 

Final Notice of Proposed Civil Penalty 

without further notice, in which case 

the manufacturer waives the right to 

request a formal hearing before an ALJ, 

and payment of the civil penalty is due 

within 30 days of the manufacturer’s 

receipt of the Order. 

(c) Issuance pursuant to a 

manufacturer’s failure to respond to a 

Final Notice of Proposed Civil Penalty. 

DOE shall issue an Order assessing a 

civil penalty if a manufacturer fails to 

respond to a Final Notice of Proposed 

Civil Penalty within 15 days of receipt 

of the final notice, in which case the 

manufacturer waives the right to request 

a formal hearing before an ALJ, and 

payment of the civil penalty is due 

within 30 days of manufacturer’s receipt 

of the Order. In the Order, DOE shall 

find the violations alleged, and assess 

the civil penalty proposed, in the Final 

Notice of Proposed Civil Penalty. 

(d) Issuance pursuant to an ALJ initial 

decision. Unless the ALJ’s initial 

decision is appealed in accordance with 

DOE’s Procedures for Administrative 

Adjudication of Civil Penalty Actions, 

DOE shall issue an Order assessing a 

civil penalty if an ALJ finds that a 

manufacturer committed a prohibited 

act and civil penalty is warranted, in 

which case payment of the civil penalty 

is due within 30 days of the 

manufacturer’s receipt of the Order. 

§ 460.320 Administrative law judge hearing 

and appeal. 

(a) When elected pursuant to 

§ 460.312(c)(3) or § 460.316(c)(3), DOE 

shall refer a civil penalty action brought 

under this part to an ALJ in accordance 

with DOE’s Procedures for 

Administrative Adjudication of Civil 

Penalty Actions. 

(b) After considering all matters of 

record in the proceeding, the ALJ will 

issue an initial decision. The initial 

decision will include a statement of the 

findings and conclusions, and the 

reasons therefore, on all material issues 

of fact, law, and discretion. If the ALJ 

finds that a manufacturer committed a 

prohibited act and that a civil penalty is 

warranted, the initial decision will 

include a civil penalty. 

(c) If the initial decision includes a 

finding that a manufacturer committed 

a prohibited act and a recommended 

civil penalty, and the initial decision is 

not appealed in accordance with DOE’s 

Procedures for Administrative 

Adjudication of Civil Penalty Actions, 

the DOE General Counsel, or delegee, 

shall issue an Order assessing a civil 

penalty. The Order shall include the 

findings of fact, conclusions of law, the 

amount of the civil penalty, and the 

reasons therefore. 

(d) If the initial decision is appealed 

in accordance with DOE’s Procedures 

for Administrative Adjudication of Civil 

Penalty Actions, then the DOE Decision 

Maker will issue a final agency decision 

in accordance with those procedures. If 

the DOE Decision Maker upholds an 

ALJ initial decision that a manufacturer 

committed a prohibited act and that a 

civil penalty is warranted, the final 

agency decision and order shall assess 

a civil penalty. The manufacturer shall 

have 60 days from the date the final 

agency decision and order is issued to 

either pay the civil penalty or appeal the 

final agency decision and order. 

(e) Exhaustion of administrative 

remedies. Only a final agency decision, 

as decided by the DOE Decision Maker, 

may be appealed to a Federal court of 

competent jurisdiction. 

§ 460.322 Collection of civil penalties. 

If any manufacturer fails to pay an 

assessment of a civil penalty in 

accordance with § 460.310, DOE may 

refer the debt for collection or may refer 


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88854 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Proposed Rules 

the case to the Attorney General of the 

United States, or his or her delegate, for 

collection of the civil penalty. In any 

such action, the validity and 

appropriateness of the Order assessing 

the civil penalty shall not be subject to 

review. 

[FR Doc. 2023–27182 Filed 12–22–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1021 

[DOE–HQ–2023–0063] 

RIN 1990–AA48 

National Environmental Policy Act 

Implementing Procedures; Extension 

of Comment Period 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: On November 16, 2023, the 

U.S. Department of Energy (DOE or the 

Department) published a notice of 

proposed rulemaking proposing to 

amend its implementing procedures 

(regulations) governing compliance with 

the National Environmental Policy Act 

(NEPA). DOE requested public 

comments by January 2, 2024. DOE is 

now extending the comment period 

until January 16, 2024, to allow the 

public additional review and 

submission time for any comments on 

the proposed changes. 

DATES: The comment period for the 

notice of proposed rulemaking 

published on November 16, 2023 (88 FR 

78681) is extended. DOE must receive 

comments by January 16, 2024, to 

ensure consideration. 

ADDRESSES: Documents relevant to this 

proposed rulemaking are posted at 

www.regulations.gov (Docket: DOE–HQ– 

2023–0063). Documents posted to this 

docket include: the notice of proposed 

rulemaking and DOE’s Technical 

Support Document, which provides 

additional information regarding certain 

proposed changes and a redline/ 

strikeout version of affected sections of 

the DOE NEPA regulations indicating 

the changes in the proposed rule. 

Submit comments, labeled ‘‘DOE 

NEPA Implementing Procedures, RIN 

1990–AA48,’’ by one of the following 

methods: 

1. www.regulations.gov: Enter ‘‘Docket 

ID DOE–HQ–2023–0063’’ in the search 

box. Click on ‘‘Comment’’ to submit 

comments, which you may enter 

directly on the web page or by 

uploading in a file. 

2. Postal Mail: Mail comments to 

NEPA Rulemaking Comments, Office of 

NEPA Policy and Compliance (GC–54), 

U.S. Department of Energy, 1000 

Independence Avenue SW, Washington, 

DC 20585. Because security screening 

may delay mail sent through the U.S. 

Postal Service, DOE encourages 

electronic submittal of comments 

through www.regulations.gov. 

3. Email: send comments to DOENEPA-Rulemaking@hq.doe.gov. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation— 

Submission of Comments’’ (section IV) 

of the SUPPLEMENTARY INFORMATION

section of DOE’s notice of proposed 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning how to comment 

on this proposed rule, contact Ms. 

Carrie Abravanel, Office of NEPA Policy 

and Compliance, at DOE-NEPARulemaking@hq.doe.gov or (202) 586– 

4600. 

SUPPLEMENTARY INFORMATION: On 

November 16, 2023, the U.S. 

Department of Energy (DOE or the 

Department) published a notice of 

proposed rulemaking proposing to 

amend its implementing procedures 

(regulations) governing compliance with 

the National Environmental Policy Act 

(NEPA) (88 FR 78681). The proposed 

changes would add a categorical 

exclusion for certain energy storage 

systems and revise categorical 

exclusions for upgrading and rebuilding 

transmission lines and for solar 

photovoltaic systems, as well as make 

conforming changes to related sections 

of DOE’s NEPA regulations. 

DOE has decided to extend the public 

comment period for 14 days to allow for 

additional review and submission time. 

Therefore, the public comment period 

for the notice of proposed rulemaking 

will now close on January 16, 2024. 

Signing Authority 

This document of the Department of 

Energy was signed on December 20, 

2023, by Samuel T. Walsh, General 

Counsel, pursuant to delegated 

authority from the Secretary of Energy. 

That document with the original 

signature and date is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on December 

20, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–28429 Filed 12–22–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2360; Airspace 

Docket No. 23–AEA–24] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace; Huntington, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D airspace and E airspace 

extending upward from 700 feet above 

the surface for Tri-State/Milton J. 

Ferguson Field, Huntington, WV, and 

removes unnecessary verbiage from the 

descriptor header. 

DATES: Comments must be received on 

or before February 9, 2024. 

ADDRESSES: Send comments identified 

by FAA Docket No. FAA–2023–2360 

and Airspace Docket No. 23–AEA–24 

using any of the following methods: 

* Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions to send your 

comments electronically. 

* Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

* Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except for Federal holidays. 

* Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

www.regulations.gov anytime. Follow 

the online instructions for accessing the 

docket or go to the Docket Operations in 

Room W12–140 of the West Building 


khammond on DSKJM1Z7X2PROD with PROPOSALS