Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules 89327 

• OPM also requests comment on the 

options available to non-bargaining unit 

employees to seek redress after being 

non-competitively placed on a timelimited promotion exceeding 120 days 

without commensurate pay. Based on 

comments received, OPM could 

consider exercising its authority to 

confer jurisdiction on an adjudicative 

body to evaluate complaints filed by 

non-bargaining unit employees to the 

extent OPM can confer such 

jurisdiction. 

Regulatory Review 

Executive Orders 13563, 12866, and 

14094 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). A regulatory impact analysis 

must be prepared for major rules with 

effects of $200 million or more in any 

one year. This rulemaking does not 

reach that threshold; however, OMB has 

designated the rule as a ‘‘significant 

regulatory action’’ under Executive 

Order 14094. 

Regulatory Flexibility Act 

The Director of OPM certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Federalism 

This proposed rule will not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed rule 

does not have sufficient federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Civil Justice Reform 

This proposed rule meets the 

applicable standard set forth in 

Executive Order 12988. 

Unfunded Mandates Reform Act of 1995 

This proposed rule will not result in 

the expenditure by state, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more in any year and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521) 

This regulatory action is not expected 

to impose any reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

List of Subjects in 5 CFR Part 335 

Government employees. 

Office of Personnel Management. 

Kayyonne Marston, 

Federal Register Liaison. 

Accordingly, for the reasons stated in 

the preamble, OPM proposes to amend 

5 CFR part 335 as follows: 

PART 335—Promotion and Internal 

Placement 

■ 1. The authority citation for part 335 

continues to read as follows: 

Authority: 5 U.S.C. 2301, 2302, 3301, 3302, 

3330; E.O. 10577, E.O. 11478, 3 CFR 1966– 

1970, Comp., page 803, unless otherwise 

noted, E.O. 13087; and E.O. 13152, 3 CFR 

19554–58 Comp., p.218; 5 U.S.C. 3304(f), and 

Pub. L. 106–117, and 5 CFR 2.2 and 7.1. 

Subpart A—General Provisions 

■ 2. Amend § 335.103 by adding new 

paragraph (c)(2)(iii) to read as follows: 

§ 335.103 Agency promotion programs. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) A retroactive temporary 

promotion to a higher-graded position 

pursuant to a final order by an 

arbitrator, adjudicative body, or court. 

* * * * * 

[FR Doc. 2023–28458 Filed 12–26–23; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Doc. No. AMS–SC–23–0058] 

Domestic Dates Produced or Packed in 

Riverside County, California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

California Date Administrative 

Committee (Committee) to decrease the 

assessment rate established for the 

2023–2024 and subsequent crop years. 

The proposed assessment rate would 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Comments must be received by 

January 26, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments can be sent to the Docket 

Clerk, Market Development Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, STOP 

0237, Washington, DC 20250–0237. 

Comments can also be submitted to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

via the internet at: https://

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register. Comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public and 

can be viewed at: https://

www.regulations.gov. Please be advised 

that the identity of the individuals or 

entities submitting the comments will 

be made public on the internet at the 

address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Bianca Bertrand, Marketing Specialist, 

or Gary Olson, Chief, West Region 

Branch, Market Development Division, 

Specialty Crops Program, AMS, USDA; 

Telephone: (503) 326–2724, or Email: 

BiancaM.Bertrand@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes to amend regulations issued to 

carry out a marketing order as defined 

in 7 CFR 900.2(j). This proposed rule is 

issued under Marketing Order No. 987, 

as amended (7 CFR part 987), regulating 

the handling of domestic dates 

produced or packed in Riverside 

County, California. Part 987 referred to 

as the ‘‘Order’’ is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Committee locally administers the 

Order and is comprised of producers 

and producer-handlers operating within 

the area of production. 

The Agricultural Marketing Service 

(AMS) is issuing this proposed rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct agencies 

to assess all costs and benefits of 


ddrumheller on DSK120RN23PROD with PROPOSALS1
89328 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 supplements and reaffirms 

Executive Orders 12866 and 13563 and 

directs agencies to conduct proactive 

outreach to engage interested and 

affected parties through a variety of 

means, such as through field offices, 

and alternative platforms and media. 

This action falls within a category of 

regulatory actions that the Office of 

Management and Budget (OMB) 

exempted from Executive Orders 12866, 

13563, and 14094 review. 

This proposed rule has been reviewed 

under Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 

determined that this proposed rule is 

unlikely to have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the Order now in 

effect, California date handlers are 

subject to assessments. Funds to 

administer the Order are derived from 

such assessments. It is intended that the 

assessment rate would be applicable to 

all assessable dates for the 2023–2024 

crop year, and continue until amended, 

suspended, or terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This proposed rule would decrease 

the assessment rate for dates handled 

under the Order from $0.20 per 

hundredweight, the rate that was 

established for the 2020–2021 and 

subsequent crop years, to $0.15 per 

hundredweight for the 2023–2024 and 

subsequent crop years. 

The Order authorizes the Committee, 

with the approval of AMS, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. The members 

of the Committee are familiar with the 

Committee’s needs and with the costs of 

goods and services in their local area. 

Therefore, they can formulate an 

appropriate budget and assessment rate. 

The assessment rate is formulated and 

discussed in a public meeting, and all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2020–2021 and subsequent 

crop years, the Committee 

recommended, and AMS approved, an 

assessment rate of $0.20 per 

hundredweight of dates. That rate 

continues in effect from crop year to 

crop year until modified, suspended, or 

terminated by AMS upon 

recommendation and information 

submitted by the Committee or other 

information available to AMS. 

The Committee met on June 27, 2023, 

and recommended 2023–2024 crop year 

expenditures of $75,800 and an 

assessment rate of $0.15 per 

hundredweight of dates handled for the 

2023–2024 and subsequent crop years. 

In comparison, last year’s budgeted 

expenditures were $77,250. The 

proposed assessment rate of $0.15 per 

hundredweight is $0.05 lower than the 

rate currently in effect. The Committee 

recommended decreasing the 

assessment rate to better align 

assessment revenue with budgeted 

expenses and to keep the Committee’s 

financial reserve within the amount 

allowed under the Order. The 

Committee projects that handlers will 

handle 426,000 hundredweight of 

California dates for the 2023–2024 crop 

year, which is the same quantity that 

was projected for the 2022–2023 crop 

year. The proposed lower rate would 

provide sufficient funds to cover most of 

the 2023–2024 crop year anticipated 

expenses, with the balance coming from 

other income and the Committee’s 

financial reserve. Assessments on 

California dates handled would generate 

approximately $63,900 in income at the 

recommended $0.15 per hundredweight 

assessment rate. 

The Committee’s budgeted 

expenditures for the 2023–2024 crop 

year total $75,800. The Committee’s 

expenses include $48,000 for 

management services, $16,800 for office 

administration, and $11,000 for the 

financial audit. In comparison, the 

previous crop year’s total budget was 

$77,250, with $48,000 for management 

services, $19,750 for office 

administration, and $9,500 for the audit. 

The assessment rate recommended by 

the Committee was derived by 

considering anticipated expenses, the 

expected volume of dates handled, and 

the amount of funds available in the 

operating reserve. Income derived from 

handler assessments of $63,900 (426,000 

hundredweight assessed at the proposed 

rate of $0.15) would be adequate to 

cover most of the Committee’s budgeted 

expenses of $75,800, with the balance 

covered from $5,100 in surplus 

allocation income and $6,800 from 

reserve funds. After expending $6,800 

from the reserve on budgeted expenses, 

the ending 2023–2024 crop year balance 

in the financial reserve fund is expected 

to be $49,400, which would be less than 

the average of the annual expenses of 

the preceding five years, as mandated by 

the Order in § 987.72(d). 

Although this proposed assessment 

rate would be in effect for an indefinite 

period, the Committee would continue 

to meet prior to or during each crop year 

to recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

AMS. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

AMS would evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken as necessary. The 

Committee’s 2023–2024 crop year 

budget, and those for subsequent crop 

years, will be reviewed and, as 

appropriate, approved by AMS. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this proposed 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Marketing orders issued pursuant to the 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules 89329 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 70 producers 

of dates in the production area and 11 

handlers subject to regulation under the 

Order. Small agricultural producers of 

dates are defined by the Small Business 

Administration (SBA) as those having 

annual receipts of less than $3,500,000 

(NAICS code 111339), and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $34,000,000 (NAICS code 115114) 

(13 CFR 121.201). 

According to the National 

Agricultural Statistics Service (NASS), 

data for the most-recently completed 

crop year (2022) shows that California 

date farmers produced 49,200 tons of 

dates and that the producer price for 

fresh market California dates was $2,840 

per ton. With the estimated 49,200-ton 

crop, the total farm gate value for 

California date producers was 

approximately $139,728,000 (49,200 

multiplied by $2,840). Therefore, the 

average fresh market date revenue for 

the 70 producers within the production 

area would be about $1,996,114 

($139,728,000 divided by 70). Thus, it 

can be concluded that the many of the 

date producers within the production 

area could be considered small entities. 

Furthermore, USDA Market News 

reported an average terminal market 

price of $53.90 per 11-pound carton for 

the 2021–2022 crop year. With 

approximately 98,400,000 pounds 

handled, the industry would have 

shipped an estimated 8,945,454 11- 

pound cartons (98,400,000 divided by 

11-pound carton) of packaged dates for 

a total value of $482,159,971 (8,945,454 

multiplied by $53.90). With 11 date 

handlers within the production area, the 

average revenue per handler is 

estimated to be $43,832,724 for the 

2021–2022 crop year ($482,159,971 

divided by 11). Thus, most California 

date handlers could be considered large 

entities. 

This proposal would decrease the 

assessment rate collected from handlers 

for the 2023–2024 and subsequent crop 

years from $0.20 to $0.15 per 

hundredweight of assessable dates. The 

Committee unanimously recommended 

2023–2024 crop year expenditures of 

$75,800 and a $0.15 per hundredweight 

assessment rate. The Committee expects 

the industry to handle 426,000 

hundredweight of assessable dates 

during the 2023–2024 crop year. Thus, 

at the $0.15 per hundredweight rate, the 

Committee anticipates $63,900 in 

assessment income (426,000 

hundredweight multiplied by $0.15 per 

hundredweight). The Committee also 

expects to utilize surplus allocation 

($5,100) and the Committee’s monetary 

reserve ($6,800) to cover the remaining 

$11,900 of expenses. Income derived 

from all sources are expected to be 

adequate to meet budgeted expenditures 

for the 2023–2024 crop year. The 

Committee’s reserve balance 

(approximately $49,400 at the end of the 

2023–2024 crop year) would be 

maintained at a level that the Committee 

believes is appropriate and is compliant 

with the provisions of the Order. 

The Committee’s budgeted 

expenditures for the 2023–2024 crop 

year total $75,800. The Committee’s 

expenses include $48,000 for 

management services, $16,800 for office 

administration, and $11,000 for the 

financial audit. In comparison, the 

previous crop year’s total budget was 

$77,250, with $48,000 for management 

services, $19,750 for office 

administration, and $9,500 for the audit. 

Prior to arriving at the budget and 

proposed assessment rate, the 

Committee discussed various 

alternatives. However, the Committee 

determined that the recommended 

assessment rate would be able to reduce 

the financial burden on the industry 

without drawing down reserves to an 

unsustainable rate. The assessment rate 

of $0.15 per hundredweight of 

assessable dates was derived by 

considering anticipated expenses, the 

projected volume of dates handled, the 

projected monetary balance held in 

reserve, and additional pertinent factors. 

A review of NASS information 

indicates that the average producer 

price for the 2022 crop year was $2,840 

per ton ($142.00 per hundredweight). 

Utilizing the recommended assessment 

rate of $0.15 per hundredweight, the 

estimated assessment revenue as a 

percentage of total producer revenue 

would be approximately 0.106 percent 

($0.15 per hundredweight divided by 

$142.00 and multiplied by 100). 

This proposed action would decrease 

the assessment obligation imposed on 

handlers. Assessments are applied 

uniformly on all handlers, and some of 

the costs may be passed on to 

producers. However, these costs are 

expected to be offset by the benefits 

derived by the operation of the Order. 

The Committee’s meetings are widely 

publicized throughout the production 

area. The California date industry and 

all other interested persons are invited 

to attend the meetings and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 

27, 2023, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes in those requirements would be 

necessary as a result of this proposed 

rule. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This proposed rule would not impose 

any additional reporting or 

recordkeeping requirements on either 

small or large California date handlers. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this proposed rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. All written 

comments timely received will be 

considered before a final determination 

is made on this rule. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

987 as follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
89330 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020), which 

reflect the last statutory amendments that impact 

Parts A and A–1 of EPCA. 

PART 987—DOMESTIC DATES 

PRODUCED OR PACKED IN 

RIVERSIDE COUNTY, CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Revise 987.339 to read as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2023, an 

assessment rate of $0.15 per 

hundredweight is established for dates 

produced or packed in Riverside 

County, California. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–28279 Filed 12–26–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2017–BT–STD–0019] 

RIN 1904–AD91 

Energy Conservation Program: Energy 

Conservation Standards for Consumer 

Water Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Supplemental notice of 

proposed rulemaking and request for 

comment. 

SUMMARY: The Energy Policy and 

Conservation Act, as amended 

(‘‘EPCA’’), prescribes energy 

conservation standards for various 

consumer products and certain 

commercial and industrial equipment, 

including consumer water heaters. On 

July 28, 2023, the U.S. Department of 

Energy (‘‘DOE’’ or ‘‘the Department’’) 

proposed amended energy conservation 

standards for certain consumer water 

heaters, including circulating water 

heaters, along with supporting 

definitions. In this supplemental notice 

of proposed rulemaking (‘‘SNOPR’’) 

DOE proposes to amend the definition 

for circulating water heaters and clarify 

that circulating water heaters would be 

subject to the proposed energy 

conservation standards for storage-type 

water heaters. DOE requests comment 

on these proposed definitions. 

DATES: 

Comments: DOE will accept 

comments, data, and information 

regarding this SNOPR no later than 

January 10, 2024. 

Interested persons are encouraged to 

submit comments using the Federal 

eRulemaking Portal at 

www.regulations.gov under docket 

number EERE–2017–BT–STD–0019. 

Follow the instructions for submitting 

comments. Alternatively, interested 

persons may submit comments, 

identified by docket number EERE– 

2017–BT–STD–0019, by any of the 

following methods: 

Email: 

ConsumerWaterHeaters2017STD0019@

ee.doe.gov. Include the docket number 

EERE–2017–BT–STD–0019 in the 

subject line of the message. 

Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a compact 

disc (‘‘CD’’), in which case it is not 

necessary to include printed copies. 

Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th Floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

V of this document. 

Docket: The docket for this activity, 

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/EERE2017-BT-STD-0019. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. See section IV 

of this document for information on 

how to submit comments through 

www.regulations.gov. 

EPCA requires the Attorney General 

to provide DOE a written determination 

of whether the proposed standard is 

likely to lessen competition. The U.S. 

Department of Justice Antitrust Division 

invites input from market participants 

and other interested persons with views 

on the likely competitive impact of the 

proposed standard. Interested persons 

may contact the Division at 

energy.standards@usdoj.gov on or 

before the date specified in the DATES

section. Please indicate in the ‘‘Subject’’ 

line of your email the title and Docket 

Number of this proposed rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Melanie Lampton, U.S. 

Department of Energy, Office of the 

General Counsel, GC–33, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (240) 751– 

5157. Email: Melanie.Lampton@

hq.doe.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Synopsis 

II. Introduction 

A. Background 

B. Deviation From Appendix A 

III. Discussion 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866, 

13563 and 14094 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Information Quality 

V. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Synopsis 

The Energy Policy and Conservation 

Act,1 as amended, Public Law 94–163 

(42 U.S.C. 6291–6317, as codified) 


ddrumheller on DSK120RN23PROD with PROPOSALS1