1854 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

DEPARTMENT OF ENERGY 

10 CFR Chs. II, III, and X 

48 CFR Ch. 9 

Fall 2017 Unified Agenda of Regulatory 

and Deregulatory Actions 

AGENCY: Department of Energy. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Department of Energy 

(DOE) has prepared and is making 

available its portion of the semiannual 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions (Agenda), 

including its Regulatory Plan (Plan), 

pursuant to Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ and 

the Regulatory Flexibility Act. 

SUPPLEMENTARY INFORMATION: The 

Agenda is a government-wide 

compilation of upcoming and ongoing 

regulatory activity, including a brief 

description of each rulemaking and a 

timetable for action. The Agenda also 

includes a list of regulatory actions 

completed since publication of the last 

Agenda. The Department of Energy’s 

portion of the Agenda includes 

regulatory actions called for by statute, 

including amendments contained in the 

Energy Independence and Security Act 

of 2007 and the American Energy 

Manufacturing Technical Corrections 

Act, and programmatic needs of DOE 

offices. 

The internet is the basic means for 

disseminating the Agenda and 

providing users the ability to obtain 

information from the Agenda database. 

DOE’s entire Fall 2017 Agenda can be 

accessed online by going to 

www.reginfo.gov. 

Publication in the Federal Register is 

mandated by the Regulatory Flexibility 

Act (5 U.S.C. 602) only for Agenda 

entries that require either a regulatory 

flexibility analysis or periodic review 

under section 610 of that Act. DOE’s 

regulatory flexibility agenda is made up 

of two rulemakings that will set energy 

conservation standards for the following 

products: 

• General Service Fluorescent Lamps 

(1904–AD09). 

• Residential Conventional Cooking 

Products (1904–AD15). 

The Plan appears in both the online 

Agenda and the Federal Register and 

includes the most important of DOE’s 

significant regulatory actions and a 

Statement of Regulatory and 

Deregulatory Priorities. 

John T. Lucas, 

Acting, General Counsel. 

ENERGY EFFICIENCY AND RENEWABLE ENERGY—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

217 .................... Modifying the Energy Conservation Program to Implement a Market-Based Approach ................................ 1904–AE11 

ENERGY EFFICIENCY AND RENEWABLE ENERGY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

218 .................... Energy Conservation Standards and Definition for General Service Lamps (Reg Plan Seq No. 23) ........... 1904–AD09 

219 .................... Energy Conservation Standards for Residential Conventional Cooking Products (Reg Plan Seq No. 24) .. 1904–AD15 

References in boldface appear in The Regulatory Plan in part II of this issue of the FEDERAL REGISTER. 

ENERGY EFFICIENCY AND RENEWABLE ENERGY—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

220 .................... Energy Conservation Standards for Commercial Packaged Boilers ............................................................... 1904–AD01 

221 .................... Energy Conservation Standards for Residential Non-Weatherized Gas Furnaces and Mobile Home Gas 

Furnaces.

1904–AD20 

222 .................... Energy Conservation Standards for Commercial Water Heating Equipment ................................................. 1904–AD34 

ENERGY EFFICIENCY AND RENEWABLE ENERGY—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

223 .................... Energy Conservation Standards for Walk-In Coolers and Walk-In Freezers .................................................. 1904–AD59 

224 .................... Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps .................. 1904–AD71 

225 .................... Energy Conservation Program: Test Procedures for Walk-In Cooler and Freezer Refrigeration Systems .... 1904–AD72 

DEPARTMENTAL AND OTHERS—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

226 .................... Small-Scale Natural Gas Exports (Section 610 Review) ................................................................................ 1901–AB43 


sradovich on DSK3GMQ082PROD with PROPOSALS6
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1855 

DEPARTMENT OF ENERGY (DOE) 

Energy Efficiency and Renewable Energy 

(EE) 

Prerule Stage 

217. Modifying the Energy Conservation 

Program to Implement a Market–Based 

Approach 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 42 U.S.C. 6291 

Abstract: The U.S. Department of 

Energy (DOE) is evaluating the potential 

use of some form of a market-based 

approach such as an averaging, trading, 

fee-base or other type of market-based 

policy mechanism for the U.S. 

Appliance and Equipment Energy 

Conservation Standards (ECS) program. 

Timetable: 

Action Date FR Cite 

Request for Information.12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John Cymbalsky, 

Building Technologies Office, EE–5B, 

Department of Energy, Energy Efficiency 

and Renewable Energy, 1000 

Independence Avenue SW, Washington, 

DC 20585, Phone: 202 287–1692, Email: 

john.cymbalsky@ee.doe.gov. 

RIN: 1904–AE11 

DEPARTMENT OF ENERGY (DOE) 

Energy Efficiency and Renewable Energy 

(EE) 

Proposed Rule Stage 

218. Energy Conservation Standards 

and Definition For General Service 

Lamps 

Regulatory Plan: This entry is Seq. 

No. 23 in part II of this issue of the 

Federal Register. 

RIN: 1904–AD09 

219. Energy Conservation Standards for 

Residential Conventional Cooking 

Products 

Regulatory Plan: This entry is Seq. 

No. 24 in part II of this issue of the 

Federal Register. 

RIN: 1904–AD15 

DEPARTMENT OF ENERGY (DOE) 

Energy Efficiency and Renewable Energy 

(EE) 

Long-Term Actions 

220. Energy Conservation Standards for 

Commercial Packaged Boilers 

E.O. 13771 Designation: Other. 

Legal Authority: 42 U.S.C. 

6313(a)(6)(C); 42 U.S.C. 6311(11)(B) 

Abstract: EPCA, as amended by 

AEMTCA, requires the Secretary to 

determine whether updating the 

statutory energy conservation standards 

for commercial packaged boilers is 

technically feasible and economically 

justified and would save a significant 

amount of energy. If justified, the 

Secretary will issue amended energy 

conservation standards for such 

equipment. DOE last updated the 

standards for commercial packaged 

boilers on July 22, 2009. DOE issued a 

NOPR pursuant to the 6-year-look-back 

requirement on March 24, 2016. Under 

EPCA, DOE has two years to issue a 

final rule after publication of the NOPR. 

Timetable: 

Action Date FR Cite 

Notice of Proposed Determination 

(NOPD).

08/13/13 78 FR 49202 

NOPD Comment 

Period End.

09/12/13 

Notice of Public 

Meeting and 

Framework 

Document 

Availability.

09/03/13 78 FR 54197 

Framework Document Comment 

Period End.

10/18/13 

Notice of Public 

Meeting and 

Preliminary 

Analysis.

11/20/14 79 FR 69066 

Preliminary Analysis Comment 

Period End.

01/20/15 

Withdrawal of 

NOPD.

08/25/15 80 FR 51487 

NPRM .................. 03/24/16 81 FR 15836 

NPRM Comment 

Period End.

05/23/16 

NPRM Comment 

Period Extended.

05/04/16 81 FR 26747 

NPRM Comment 

Period Extended End.

06/22/16 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: James Raba, Phone: 

202 586–8654, Email: jim.raba@

ee.doe.gov. 

RIN: 1904–AD01 

221. Energy Conservation Standards for 

Residential Non-Weatherized Gas 

Furnaces and Mobile Home Gas 

Furnaces 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 42 U.S.C. 

6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 

U.S.C. 6295(gg)(3) 

Abstract: The Energy Policy and 

Conservation Act of 1975 (EPCA), as 

amended, prescribes energy 

conservation standards for various 

consumer products and certain 

commercial and industrial equipment, 

including residential furnaces. EPCA 

also requires the DOE to periodically 

determine every six years whether 

more-stringent amended standards 

would be technologically feasible and 

economically justified and would save a 

significant amount of energy. DOE is 

considering amendments to its energy 

conservation standards for residential 

non-weatherized gas furnaces and 

mobile home gas furnaces in partial 

fulfillment of a court-ordered remand of 

DOE’s 2011 rulemaking for these 

products. DOE published a 

supplemental notice of proposed 

rulemaking on September 23, 2016. 

Timetable: 

Action Date FR Cite 

Notice of Public 

Meeting.

10/30/14 79 FR 64517 

NPRM and Notice 

of Public Meeting.

03/12/15 80 FR 13120 

NPRM Comment 

Period Extended.

05/20/15 80 FR 28851 

NPRM Comment 

Period Extended End.

07/10/15 

Notice of Data 

Availability 

(NODA).

09/14/15 80 FR 55038 

NODA Comment 

Period End.

10/14/15 

NODA Comment 

Period Reopened.

10/23/15 80 FR 64370 

NODA Comment 

Period Reopened End.

11/06/15 

Supplemental 

NPRM and Notice of Public 

Meeting.

09/23/16 81 FR 65720 

Supplemental 

NPRM Comment Period 

End.

11/22/16 

SNPRM Comment 

Period Reopened.

12/05/16 81 FR 87493 

SNPRM Comment 

Period End.

01/06/17 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John Cymbalsky, 

Phone: 202 287–1692, Email: 

john.cymbalsky@ee.doe.gov. 


sradovich on DSK3GMQ082PROD with PROPOSALS6
1856 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

RIN: 1904–AD20 

222. Energy Conservation Standards for 

Commercial Water Heating Equipment 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 42 U.S.C. 

6313(a)(6)(C)(i) and (vi) 

Abstract: Once completed, this 

rulemaking will fulfill DOE’s statutory 

obligation under EPCA to either propose 

amended energy conservation standards 

for commercial water heaters and hot 

water supply boilers, or determine that 

the existing standards do not need to be 

amended. (Unfired hot water storage 

tanks and commercial heat pump water 

heaters are being considered in a 

separate rulemaking.) DOE must 

determine whether national standards 

more stringent than those that are 

currently in place would result in a 

significant additional amount of energy 

savings and whether such amended 

national standards would be 

technologically feasible and 

economically justified. 

Timetable: 

Action Date FR Cite 

Request for Information (RFI).10/21/14 79 FR 62899 

RFI Comment Period End.11/20/14 

NPRM .................. 05/31/16 81 FR 34440 

NPRM Comment 

Period End.

08/01/16 

NPRM Comment 

Period Reopened.

08/05/16 81 FR 51812 

NPRM Comment 

Period Reopened End.

08/30/16 

Notice of Data 

Availability 

(NODA).

12/23/16 81 FR 94234 

NODA Comment 

Period End.

01/09/17 

Next Action Undetermined.To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Catherine Rivest, 

Phone: 202 586–7335, Email: 

catherine.rivest@ee.doe.gov. 

RIN: 1904–AD34 

DEPARTMENT OF ENERGY (DOE) 

Energy Efficiency and Renewable Energy 

(EE) 

Completed Actions 

223. Energy Conservation Standards for 

Walk-In Coolers And Walk-In Freezers 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 42 U.S.C. 6311; 42 

U.S.C. 6313(f) 

Abstract: In 2014, the Department of 

Energy (DOE) issued a rule setting 

performance-based energy conservation 

standards for a variety of walk-in cooler 

and freezer (walk-in) components. See 

79 FR 32050 (June 3, 2014). That rule 

was challenged by a group of walk-in 

refrigeration system manufacturers and 

walk-in installers, which led to a 

settlement agreement regarding certain 

refrigeration equipment classes 

addressed in that 2014 rule and certain 

aspects related to that rule’s analysis. 

See Lennox Int’l v. DOE, Case No. 14– 

60535 (5th Cir. 2014). Consistent with 

the settlement agreement, and in 

accordance with the Federal Advisory 

Committee Act, a working group was 

established under the Appliance 

Standards and Rulemaking Advisory 

Committee (ASRAC) to engage in a 

negotiated rulemaking to develop 

energy conservation standards to 

replace those that had been vacated by 

the U.S. Court of Appeals for the Fifth 

Circuit. As a result of those negotiations, 

a Term Sheet was produced containing 

a series of recommendations to ASRAC 

for its approval and submission to DOE 

for the agency’s further consideration. 

Using the Term Sheet’s 

recommendations, DOE is establishing 

energy conservation standards for the 

six equipment classes of walk-in coolers 

and walk-in freezers that were vacated 

by the Fifth Circuit and remanded to 

DOE for further action. Those standards 

at issue involve: (1) The two standards 

applicable to multiplex condensing 

refrigeration systems operating at 

medium and low temperatures; and (2) 

the four standards applicable to 

dedicated condensing refrigeration 

systems operating at low temperatures. 

Also consistent with the settlement 

agreement, DOE explicitly considered 

the potential impacts of these six 

standards on installers. DOE also 

considered and addressed the potential 

impacts of these six standards on 

installers in its Manufacturer Impact 

Analysis, consistent with its regulatory 

definition of ‘‘manufacturer,’’ and, as 

appropriate, in its analysis of impacts 

on small entities under the Regulatory 

Flexibility Act. As part of this 

rulemaking (and consistent with its 

obligations under the settlement 

agreement), DOE provided an 

opportunity for all interested parties to 

submit comments concerning any 

proposed standards. 

Completed: 

Reason Date FR Cite 

Final Action ......... 07/10/17 82 FR 31808 

Reason Date FR Cite 

Final Action Effective.09/08/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John Cymbalsky, 

Phone: 202 287–1692, Email: 

john.cymbalsky@ee.doe.gov. 

RIN: 1904–AD59 

224. Energy Conservation Program: Test 

Procedures for Central Air Conditioners 

and Heat Pumps 

E.O. 13771 Designation: Other. 

Legal Authority: 42 U.S.C. 6291 et seq. 

Abstract: This rulemaking pertaining 

to test procedures for Central Air 

Conditioners and Heat Pumps includes 

revisions to the test methods to improve 

test repeatability and reduce the test 

burden of the test procedure. These 

revisions will be required for 

demonstration of compliance with the 

current energy conservation standards 

starting 180 days after publication of the 

final rule. These amendments include: 

(1) Establishing a delay time prior to off 

mode power measurements for some 

systems and limiting the internal 

volume of refrigerant pressure 

measurement lines; (2) requiring bin-bybin EER and COP interpolations for all 

variable speed units; (3) requiring that 

the official test for a unit using the 

outdoor enthalpy method as a secondary 

check of capacity be the test without the 

outdoor enthalpy apparatus connected. 

DOE is also amending the test 

procedure to improve field 

representativeness. These amendments 

will take effect coincident with updated 

energy conservation standards and 

would be part of a new Appendix M1. 

The new Appendix M1 includes: (1) 

New higher external static pressure 

requirements for all units, including 

unique minimum external static 

pressure requirements for certain kinds 

of products; (2) new default fan power 

values for rating coil-only units; 

revisions to the heating load line in the 

calculation of HSPF; and (3) 

amendments to the test procedures for 

variable speed heat pumps to allow 

better representation of their lowambient-temperature performance, 

including an optional 5 °F heating mode 

test. 

Completed: 

Reason Date FR Cite 

Final Rule Effective.07/08/17 

Final Rule; Delay 

of Effective 

Date.

02/02/17 82 FR 8985 


sradovich on DSK3GMQ082PROD with PROPOSALS6
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1857 

Reason Date FR Cite 

Final Rule; Delay 

of Effective 

Date Effective.

03/21/17 

Final Rule; Further Delay of 

Effective Date.

03/21/17 82 FR 14425 

Final Rule; Correction to Delayed Effective 

Date.

03/29/17 82 FR 15457 

Final Rule; Further Delay of 

Effective Date 

Effective.

07/03/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ashley Armstrong, 

Phone: 202 586–6590, Email: 

ashley.armstrong@ee.doe.gov. 

RIN: 1904–AD71 

225. Energy Conservation Program: Test 

Procedures for Walk-In Cooler and 

Freezer Refrigeration Systems 

E.O. 13771 Designation: Other. 

Legal Authority: 42 U.S.C. 6311 et seq. 

Abstract: DOE established a Working 

Group to negotiate amended energy 

conservation standards for six classes of 

walk-in cooler and freezer (walk-in) 

refrigeration systems. After holding a 

series of meetings as part of a negotiated 

rulemaking, the Working Group 

developed a Term Sheet containing a 

series of recommendations regarding 

potential energy conservation standards 

for these refrigeration systems and the 

current test procedure for evaluating the 

energy efficiency of a walk-in 

refrigeration system. This rulemaking 

proposed several test procedure 

amendments to implement these 

recommendations. These amendments 

include certain changes to improve test 

procedure clarity, updating related 

certification and enforcement provisions 

to address the performance-based 

energy conservation standards for walkin cooler and freezer equipment, and 

establishing labeling requirements that 

will aid manufacturers in determining 

which components would be considered 

for compliance purposes as intended for 

walk-in cooler and freezer applications. 

The rule also adds certain equipmentspecific definitions, removes the test 

method for refrigeration systems with 

hot gas defrost, and includes a method 

to accommodate refrigeration equipment 

that use adaptive defrost and on-cycle 

variable-speed evaporator fan control. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/28/16 81 FR 95758 

Final Rule Effective.01/27/17 

Final Rule; Delay 

of Effective 

Date.

03/21/17 82 FR 8805 

Final Rule; Delay 

of Effective 

Date Effective.

03/21/17 

Final Rule; Further Delay of 

Effective Date.

03/21/17 82 FR 14426 

Final Rule; Further Delay of 

Effective Date 

Effective.

06/26/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ashley Armstrong, 

Phone: 202 586–6590, Email: 

ashley.armstrong@ee.doe.gov. 

RIN: 1904–AD72 

DEPARTMENT OF ENERGY (DOE) 

Departmental and Others (ENDEP) 

Final Rule Stage 

226. Smal-Scale Natural Gas Exports 

(Section 610 Review) 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 15 U.S.C. 717b(a); 42 

U.S.C. 7151(b), 7172(f), and 7254 

Abstract: This rule would revise DOE 

regulations implementing section 3(a) of 

the Natural Gas Act, 15 U.S.C. 717b(a), 

for ‘‘qualifying small-scale’’ exports of 

natural gas, including liquefied natural 

gas. Under this rule, DOE would issue 

an order upon receipt of any application 

that seeks to export natural gas to nonFTA countries, provided the application 

meets the criteria for small-scale 

exports. In promulgating this rule, DOE 

would clarify its interpretation of 

‘‘public interest’’ under NGA section 

3(a). The intent of the rule is to improve 

DOE’s application procedures related to 

natural gas exports, reduce the 

administrative burdens associated with 

the small-scale natural gas export 

market, and result in more efficient 

processing of applications for smallscale natural gas exports. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/01/17 82 FR 41570 

NPRM Comment 

Period End.

10/16/17 

Final Action ......... 02/00/18 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Betsy Kohl, Attorney 

Advisor, Department of Energy, 1000 

Independence Avenue SW, Room 6A– 

179, Washington, DC 20585, Phone: 202 

586–7796, Email: elizabeth.kohl@

hq.doe.gov. 

RIN: 1901–AB43 

[FR Doc. 2017–28209 Filed 1–11–18; 8:45 am] 

BILLING CODE 6450–01–P 


sradovich on DSK3GMQ082PROD with PROPOSALS6