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

48046 

Vol. 86, No. 164 

Friday, August 27, 2021 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1216 

[Document Number AMS–SC–20–0100] 

Peanut Promotion, Research, and 

Information Order; Increase the 

Threshold of the Primary PeanutProducing States and Adjustment of 

Membership 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposal invites 

comments on increasing the threshold 

for defining primary peanut-producing 

states as states that maintain a 3-year 

average production of at least 20,000 

tons of peanuts instead of 10,000 tons of 

peanuts as currently prescribed in the 

Peanut Promotion, Research, and 

Information Order (Order). The Order is 

administered by the National Peanut 

Board (Board) with oversight by the U.S. 

Department of Agriculture (USDA). As a 

result of increasing the threshold, this 

proposal would decrease the Board’s 

membership from 13 to 12 members and 

their respective alternates. This action 

would contribute to effective 

administration of the program. 

DATES: Comments must be received by 

September 27, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. All 

comments must be submitted through 

the Federal e-rulemaking portal at: 

http://www.regulations.gov, and should 

reference the document number and 

date, and page number of this issue of 

the Federal Register. Comments 

submitted in response to this proposed 

rule will be included in the rulemaking 

record and will be made available to the 

public. Please be advised that the 

identity of individuals or entities 

submitting the comments will be made 

public on the internet at: http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Victoria M. Carpenter, Marketing 

Specialist, Promotion and Economics 

Division, Specialty Crop Program, AMS, 

USDA, Stop 0244, 1400 Independence 

Avenue SW, Room 1406–S, Washington, 

DC 20250–0244; telephone: (202) 720– 

6930; or electronic mail: 

VictoriaM.Carpenter@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal affecting the Order (7 CFR part 

1216) is authorized under the 

Commodity Promotion, Research, and 

Information Act of 1996 (1996 Act) (7 

U.S.C. 7411–7425). 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

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). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

Executive Order 13175 

This action has been reviewed in 

accordance with requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. AMS has assessed the 

impact of this proposed rule on Indian 

tribes and determined that this rule 

would not have tribal implications that 

require consultation under Executive 

Order 13175. AMS hosts a quarterly 

teleconference with tribal leaders where 

matters of mutual interest regarding the 

marketing of agricultural products are 

discussed. Information about proposed 

changes to regulations will be shared 

during an upcoming quarterly call, and 

tribal leaders will be informed about 

proposed revisions to the regulation and 

the opportunity to submit comments. 

AMS will work with the USDA Office 

of Tribal Relations to ensure meaningful 

consultation is provided as needed with 

regards to this change to the Order. 

Executive Order 12988 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. Section 524 of 

the 1996 Act (7 U.S.C. 7423) provides 

that it shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

Under section 519 of the 1996 Act (7 

U.S.C. 7418), a person subject to an 

order may file a written petition with 

USDA stating that an order, any 

provision of an order, or any obligation 

imposed in connection with an order, is 

not established in accordance with the 

law, and request a modification of an 

order or an exemption from an order. 

Any petition filed challenging an order, 

any provision of an order, or any 

obligation imposed in connection with 

an order, shall be filed within two years 

after the effective date of an order, 

provision, or obligation subject to 

challenge in the petition. The petitioner 

will have the opportunity for a hearing 

on the petition. Thereafter, USDA will 

issue a ruling on the petition. The 1996 

Act provides that the district court of 

the United States for any district in 

which the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 

purpose not later than 20 days after the 

date of the entry of USDA’s final ruling. 

Background 

This proposed rule invites comments 

on increasing the threshold for defining 

primary peanut-producing states as 

states that maintain a 3-year average 

production of at least 20,000 tons of 

peanuts instead of 10,000 tons of 

peanuts as currently prescribed in the 

Order. This would help ensure that the 

Board reflects the peanut production in 

the United States. The Order is 

administered by the Board with 

oversight by USDA. 

The Order became effective on July 

30, 1999. Under the Order, the Board 

administers a nationally coordinated 

program of promotion, research and 

information designed to strengthen the 

position of peanuts in the marketplace 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 48047 

and to develop, maintain, and expand 

the demand for peanuts in the United 

States. Under the program, assessments 

are levied on all farmers stock peanuts 

sold at a rate of $3.55 per ton for 

Segregation 1 peanuts and $1.25 per ton 

for Segregation 2 peanuts and 3 peanuts, 

as those terms are defined in 7 CFR 

996.13(b) through (d). Assessments are 

remitted to the Board by handlers and, 

for peanuts under loan, by the 

Commodity Credit Corporation. 

The Order defines terms ‘‘minor 

peanut-producing states’’ and ‘‘primary 

peanut-producing states’’ for purposes 

of Board representation and voting at 

meetings. According to USDA, FederalState Inspection Service, National 

Peanut Tonnage Reports, there are 13 

peanut-producing states, which include: 

Alabama, Arkansas, Florida, Georgia, 

Louisiana, Mississippi, Missouri, New 

Mexico, North Carolina, Oklahoma, 

South Carolina, Texas, and Virginia. 

Section 1216.21 currently defines 

primary peanut-producing states as 

Alabama, Arkansas, Florida, Georgia, 

Mississippi, Missouri, New Mexico, 

North Carolina, Oklahoma, South 

Carolina, Texas, and Virginia. These 

states must maintain a 3-year average 

production of at least 10,000 tons of 

peanuts to meet the current definition. 

All other peanut-producing states are 

defined as minor peanut-producing 

states in § 1216.15 and are represented 

by one member and one alternate on the 

Board—currently only Louisiana meets 

this definition. 

With the growth in farm size, there 

are fewer and larger peanut producers 

than when the Order was promulgated 

in 1999. As stated above, currently, 

there is only one state, Louisiana, that 

represents the minor peanut-producing 

states, which is the at-large position on 

the Board. This makes it difficult to get 

adequate numbers of nominees to fill 

both member and alternate member 

seats on the Board. By increasing the 

threshold for defining primary peanutproducing states to states that maintain 

a 3-year average production of at least 

20,000 tons instead of 10,000 tons of 

peanuts as currently prescribed, this 

action would increase the candidate 

pool for at-large member seats on the 

Board. 

Pursuant to § 1216.87, amendments to 

the Order may be proposed from time to 

time by the Board or by any interested 

person affected by provisions of the 

1996 Act, including the Secretary of 

Agriculture. 

The Board has been concerned about 

having enough nominees to fill vacant 

seats for several years and was hopeful 

that the situation would improve. The 

Board staff has actively recruited 

candidates to be considered for 

nomination from multiple primary 

peanut-producing states and the at-large 

state, sometimes with little success. Due 

to an alternate member vacancy for New 

Mexico and difficulty finding producers 

to serve, the Board determined it was 

time to increase the 3-year average. 

The Board discussed increasing the 

threshold with the industry to explain 

the situation, and it was determined that 

increasing the threshold for defining 

primary peanut-producing states was a 

good way to give the peanut producing 

states an opportunity to be nominated 

for a member or alternate seat on the 

Board. 

Board Recommendation 

The Board met to discuss methods to 

increase the pool of candidates for 

representation of the minor peanutproducing states to serve on the Board. 

At the time of the Board’s formation in 

July 1999 (64 FR 41252), peanut farms 

were smaller, and therefore, there were 

many more producers eligible to be 

nominated to serve on the Board. In 

April 1999, USDA reported there were 

approximately 25,000 peanut producers 

(64 FR 80107). Based on the Board’s 

records, for the 2018 production crop 

year, there were 8,126 peanut producers 

and for the 2019 crop year, there were 

7,200 peanut producers. 

Currently, in minor peanut-producing 

states the pool of candidates is very 

small, with Louisiana being the only 

state in this category. The Board has had 

difficulty in gathering the required two 

nominees for each open position for 

submission to the Secretary of 

Agriculture. 

The Board has been concerned about 

this issue for several years and was 

hopeful that the situation would 

improve. For approximately 10 years, 

the Board’s management has actively 

recruited candidates to be considered 

for nomination from multiple primary 

and minor peanut-producing states to 

fill seats on the Board. In the 2020 

submission to the Secretary for 

appointments to fill member and 

alternate seats for New Mexico, only 

two nominees were submitted for 

consideration instead of four. Therefore, 

only the member seat was filled, and the 

alternate seat remains vacant. In 

addition, since there is currently only 

one state (Louisiana) representing minor 

peanut-producing states, it is often 

difficult to get a sufficient number of 

nominees to fill member and alternate 

positions as well. These nominees are 

comprised of producers of all sizes 

including small producers. 

In 1999, the Board was comprised of 

10 members and their alternates. The 

Board’s representation for primary 

peanut-producing states were Alabama, 

Florida, Georgia, New Mexico, North 

Carolina, Oklahoma, South Carolina, 

Texas, and Virginia and minor peanutproducing states were represented by a 

Louisiana member and an Arizona 

alternate member. Over the years, there 

have been three adjustments of 

membership, which increased the size 

of the Board’s membership. On July 9, 

2008, the Board increased its 

membership from 10 to 11 when it 

added Mississippi as a primary peanutproducing state (73 FR 39214). On 

March 21, 2014, the Board increased its 

membership a second time from 11 to 

12 when it added Arkansas as a primary 

peanut-producing state (79 FR 15636). 

The most recent change in the Board’s 

membership was the addition of 

Missouri, which was published on 

March 23, 2020 (85 FR 16229). That 

addition increased the membership 

from 12 to 13. 

For the 2019 production year, 

computations based on Federal State 

Inspection Service data show that 

Georgia was the largest producer, with 

49.8 percent followed by Florida (10.7 

percent), Alabama (9.4 percent), Texas 

(8.7 percent), North Carolina (8.1 

percent), South Carolina (4.1 percent), 

Arkansas (3.1 percent), Virginia (2.0 

percent), Mississippi (1.4 percent), 

Missouri (1.2 percent), Oklahoma (1.0 

percent), and New Mexico (0.3 percent). 

Currently, these 12 states are considered 

primary peanut-producing states and 

they each have a member, with their 

alternate, seated on the Board. All other 

states (minor peanut-producing states) 

that produce peanuts are represented by 

the at-large member. 

As a result of membership 

adjustments described above, there is 

currently only one minor peanutproducing state (Louisiana) representing 

‘‘at-large’’ seats. That minor peanutproducing state has only five producers 

producing peanuts in that state. 

Increasing the threshold from 10,000 

tons to 20,000 tons, would cause the 

state of New Mexico to become a minor 

peanut-producing state instead of a 

primary peanut-producing state. This 

change would increase the pool of 

candidates eligible to represent minor 

peanut-producing states as the at-large 

member and alternate. Minor peanutproducing states would be represented 

by Louisiana and New Mexico. This 

proposal would increase the threshold 

for defining primary peanut-producing 

states as states that maintain a 3-year 

average production of at least 20,000 

tons of peanuts instead of 10,000 tons of 

peanuts, an increase of 10,000 tons. 


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48048 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 

The intent of the Order was to allow 

peanut farmers to oversee a peanut 

research, marketing, and promotion 

organization to improve their economic 

condition. To be successful, there must 

be an adequate pool of interested, 

qualified producers to serve on the 

Board. The Board voted unanimously on 

December 3, 2020, and February 3, 

2021, to raise the threshold for primary 

peanut-producing states to those that 

maintain a 3-year average production of 

at least 20,000 tons of peanuts. This 

proposed change would cause the state 

of New Mexico to become a minor 

peanut-producing state instead of a 

primary peanut-producing state, since 

its production will be below the 

proposed 20,000-ton threshold. Minor 

peanut-producing states will be 

represented by Louisiana and New 

Mexico. The Board recommended that 

the change take place by January 1, 

2022, to give New Mexico’s certified 

peanut producer organization enough 

notice of their status change to a minor 

peanut-producing state. Nominations to 

fill the at-large seats would take place in 

2022 for the term of office to begin in 

2023. 

Accordingly, this proposed rule 

would amend §§ 1216.15 and 1216.21 to 

define the state of New Mexico as a 

minor peanut-producing state. This 

proposal would require primary peanutproducing states to maintain a 3-year 

average production of at least 20,000 

tons of peanuts. This proposal would 

also revise § 1216.40(a) to specify that 

the Board would be comprised of no 

more than 12 peanut producer members 

and their alternates rather than 13, and 

revise § 1216.40(a)(1) to reflect the new 

number of primary peanut-producing 

states, by revising 12 to 11. 

Initial Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of the proposed rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action on small entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be 

disproportionately burdened. The Small 

Business Administration (SBA) defines, 

in 13 CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $1 million and 

small agricultural service firms 

(handlers) as those having annual 

receipts of no more than $30 million. 

According to the Board, there were 

approximately 7200 producers and 34 

handlers of peanuts who were subject to 

the program in 2019. 

Most producers would be classified as 

small agricultural production businesses 

under the criteria established by the 

SBA (no more than $1 million in annual 

peanut sales). USDA’s National 

Agricultural Statistics Service (NASS) 

reported that crop values of peanuts 

produced in the top 11 peanutproducing states for the years 2017, 

2018, and 2019 were $1.63 billion, $1.17 

billion, and $1.13 billion, respectively. 

The 3-year crop average was $1.31 

billion. With a 2019 crop value of $1.13 

billion and a total of 7,200 producers, 

average peanut sales per producer were 

approximately $157,000. With a 2017– 

2018 average crop value of $1.31 billion, 

average sales per producer were 

approximately $182,000. Both figures 

are well below the $1 million threshold 

for a small producer, providing strong 

evidence that most peanut producers are 

small businesses. 

With 34 handlers, the average annual 

peanut crop value per handler from 

2017 to 2019 ranged from $33 million to 

$48 million, with a 3-year average of 

$39 million. With average sales figures 

moderately higher than the small 

business threshold size of $30 million, 

it appears that several handlers are 

small businesses and there are also a 

number that are large businesses—no 

definitive statement can be made. 

According to NASS, the number of 

pounds of U.S. peanut production from 

11-primary peanut-producing states for 

2017, 2018, and 2019 were 7.12 billion, 

5.50 billion and 5.47 billion, 

respectively. The 3-year average 

production was 6.03 billion pounds. 

Computations based on NASS data 

show that Georgia was the largest 

producer, with 50.9 percent of the 3- 

year average quantity, followed by 

Alabama (9.9 percent), Florida (9.9 

percent), Texas (9.1 percent), North 

Carolina (7.2 percent), South Carolina 

(5.4 percent), Arkansas (2.4 percent), 

Mississippi (1.9 percent), Virginia (1.8 

percent), Oklahoma (1.0 percent), and 

New Mexico (under one percent). 

This proposal would amend 

§§ 1216.15, 1216.21 and 1216.40 to 

redefine the state of New Mexico from 

a primary peanut-producing state to a 

minor peanut-producing state. The 

Order is administered by the Board with 

oversight by USDA. Under the Order, 

primary peanut-producing states must 

maintain a 3-year average production of 

at least 10,000 tons of peanuts. This 

amendment would increase the 

production threshold to 20,000 tons of 

peanuts. This action would expand the 

number of minor peanut-producing 

states to ensure that the Board obtains 

an adequate pool of qualified producers 

to serve on the Board to represent minor 

peanut-producing states. This action is 

authorized under § 1216.87 of the Order. 

Regarding the economic impact of this 

proposed rule on affected entities, this 

action would impose no costs on 

producers or handlers. Changes would 

define the state of New Mexico as a 

minor peanut-producing state based on 

the proposed increase to the threshold 

to 20,000 tons of peanuts. 

Regarding alternatives, the Board has 

been concerned about obtaining the 

required two nominees for each open 

seat to be submitted to the Secretary of 

Agriculture for primary peanutproducing states and minor peanutproducing states. For years, the Board’s 

staff has actively recruited candidates to 

be considered for nomination from 

multiple primary peanut-producing 

states and minor peanut-producing 

states, sometimes with little success. 

The Board considered increasing the 

threshold for primary peanut-producing 

states from 10,000 to 30,000 per ton for 

a 3-year production average. After 

discussion, the Board voted to double 

the threshold and require the primary 

peanut-producing states to maintain a 3- 

year production average of at least 

20,000 tons of peanuts. 

In accordance with OMB regulation [5 

CFR part 1320], which implements 

information collection requirements 

imposed by the Paperwork Reduction 

Act of 1995 [44 U.S.C. 3501 et seq.], 

there are no new requirements 

contained in this rule. In fact, a decrease 

of 0.30 hours in the information 

collection burden for the peanut 

program is expected. Information 

collection requirements have been 

previously approved by OMB under 

OMB control number 0581–0093 and 

0505–0001. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this proposed rule. 

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. 

Regarding outreach efforts, the Board 

invited Executive Directors of certified 

peanut producer organizations who 

represent the primary peanut-producing 

states (Georgia, Alabama, Texas, Florida, 

North Carolina, South Carolina, 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules 48049 

Mississippi, Missouri, Arkansas, 

Virginia, Oklahoma, and New Mexico) 

to attend its annual meeting on February 

3, 2021. Most of the Executive Directors 

for certified peanut producer 

organizations attended this meeting. All 

the Board’s meetings are open to the 

public and interested persons are 

invited to participate and express their 

views. The Board announced that it 

voted to increase the threshold level 

from 10,000 to 20,000 per ton on a 3- 

year average production for a state to 

become a primary peanut-producing 

state. No concerns were raised. 

We have performed this initial RFA 

analysis regarding the impact of this 

proposed action on small entities, and 

we invite comments concerning 

potential effects of this action on small 

businesses. 

USDA has determined that this 

proposed rule is consistent with and 

would effectuate the purposes of the 

1996 Act. A 30-day comment period is 

provided to allow interested persons to 

respond to this proposal. All written 

comments received in response to this 

proposed rule will be considered prior 

to finalizing this action. 

List of Subjects in 7 CFR Part 1216 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Peanut promotion, Reporting and 

recordkeeping requirements. 

For reasons set forth in the preamble, 

7 CFR part 1216 is proposed to be 

amended as follows: 

PART 1216—PEANUT PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 1. The authority citation for 7 CFR 

part 1216 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. Section 1216.15 is revised to read 

as follows: 

§ 1216.15 Minor peanut-producing states. 

Minor peanut-producing states means 

all peanut-producing states with the 

exception of Alabama, Arkansas, 

Florida, Georgia, Mississippi, Missouri, 

North Carolina, Oklahoma, South 

Carolina, Texas and Virginia. 

■ 3. Section 1216.21 is revised to read 

as follows: 

§ 1216.21 Primary peanut-producing 

states. 

Primary peanut-producing states 

means Alabama, Arkansas, Florida, 

Georgia, Mississippi, Missouri, North 

Carolina, Oklahoma, South Carolina, 

Texas and Virginia, provided these 

states maintain a 3-year average 

production of at least 20,000 tons of 

peanuts. 

■ 4. In § 1216.40, paragraphs (a) 

introductory text and (a)(1) are revised 

to read as follows: 

§ 1216.40 Establishment and membership. 

(a) Establishment of a National 

Peanut Board. There is hereby 

established a National Peanut Board, 

hereinafter called the Board, comprised 

of no more than 12 peanut producers 

and alternates, appointed by the 

Secretary from nominations as follows: 

(1) Eleven members and alternates. 

One member and one alternate shall be 

appointed from each primary peanutproducing state, who are producers and 

whose nominations have been 

submitted by certified peanut producer 

organizations within a primary peanutproducing state. 

* * * * * 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2021–18536 Filed 8–26–21; 8:45 am] 

BILLING P 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

[EERE–2018–BT–STD–0018] 

RIN 1904–AE39 

Energy Conservation Program for 

Appliance Standards: Energy 

Conservation Standards for 

Residential Furnaces and Commercial 

Water Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of proposed 

interpretive rule; request for comment. 

SUMMARY: On January 15, 2021, the 

Department of Energy (DOE or 

Department) published a final 

interpretive rule in the Federal Register 

determining that, in the context of 

residential furnaces, commercial water 

heaters, and similarly-situated products 

or equipment, use of non-condensing 

technology (and associated venting) 

constitutes a performance-related 

‘‘feature’’ under the Energy Policy and 

Conservation Act, as amended (EPCA), 

that cannot be eliminated through 

adoption of an energy conservation 

standard. DOE deems it prudent to 

revisit its interpretation. For the reasons 

stated in this document, the Department 

proposes to return to its previous and 

long-standing interpretation (in effect 

prior to the January 15, 2021 final 

interpretive rule), under which the 

technology used to supply heated air or 

hot water is not a performance-related 

‘‘feature’’ that provides a distinct 

consumer utility under EPCA. DOE 

requests comment on its proposed 

interpretation. Once DOE has arrived at 

a final interpretation, the Department 

plans to again evaluate whether 

amended energy conservation standards 

would result in significant savings of 

energy, be technologically feasible, and 

be economically justified, consistent 

with its interpretation. 

DATES: DOE will accept comments, data, 

and information regarding this proposed 

interpretive rule no later than 

September 27, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2018–BT–STD–0018 

and/or RIN number 1904–AE39, by 

email: to ResFurnaceCommWaterHeater

2018STD0018@ee.doe.gov. Include 

docket number EERE–2018–BT–STD– 

0018 and/or RIN number 1904–AE39 in 

the subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. If a commenter finds 

that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

No telefacsimiles (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

IV (Public Participation) of this 

document. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, and other 


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