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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules Additionally, for these pre-NOPR
documents for which there is no statutorily required comment period, DOE proposes to clarify that the Department would provide an appropriate comment period for preNOPR documents, determined on a case-by-case basis, which is commensurate with the nature and complexity of the test procedure rulemaking at issue. DOE also proposes to clarify that it will provide a minimum 60-day public comment period with at least one public hearing or workshop for test procedure NOPR documents. DOE
has historically provided a 75-day comment period for test procedure NOPRs, consistent with the comment period requirement for technical regulations in the North American Free Trade Agreement, U.S.-Canada-Mexico NAFTA, Dec. 17, 1992, 32 I.L.M.
289 1993; the North American Free Trade Agreement Implementation Act, Public Law 103182, 107 Stat. 2057
1993 codified as amended at 10
U.S.C.A. 2576 1993 NAFTA
Implementation Act; and Executive Order 12889, Implementation of the North American Free Trade Agreement, 58 FR 69681 Dec. 30, 1993. However, Congress repealed the NAFTA Implementation Act and has replaced NAFTA with the Agreement between the United States of America, the United Mexican States, and the United Canadian States USMCA, Nov. 30, 2018, 134 Stat. 11, thereby rendering E.O. 12889 inoperable.
Consequently, since the USMCA is consistent with EPCAs public comment period requirements and normally requires a minimum comment period of 60 days for technical regulations, DOE
now proposes to provide a minimum 60-day public comment period for test procedure NOPRs. DOE requests comments, information, and data on whether its proposed approach is appropriate or on any other suggested alternatives.
Second, in section 8b of the Process Rule, the February 2020 Final Rule contemplated further opportunities for early public input if the Department determines to move forward with the test procedure rulemaking after considering comments on the early assessment RFI. Also, in that subsection, the February 2020 Final Rule stated that DOE will identify any necessary modifications to established test procedure prior to initiating the standards development process. 85 FR
8626, 8708. After further consideration, DOE proposes to modify and clarify these provisions as follows. As noted previously, DOE is proposing to
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eliminate the requirement for a test procedure early assessment RFI, while maintaining the opportunity for early public input through other rulemaking documents potentially including RFIs as to whether test procedure amendments are warranted under the applicable statutory criteria. The Department has tentatively concluded that one round of pre-NOPR input may be sufficient in some cases.
Furthermore, DOE would clarify that its intention in section 8b was that Department will identify all test procedure modifications prior to issuing a proposed standard for that appliance, not to preclude the agency from preparing other pre-rulemaking standards documents, such as RFIs, NODAs, and preliminary analyses. DOE
believes that such preliminary standards-related work and data gathering can commence in concert with the test procedure proceeding, as long as any anticipated test procedure changes are identified and evaluated in time for them to be factored into the energy conservation standards proposal. It is DOEs belief that these changes would improve the efficiency of the Appliance Standards Program without sacrificing the quality of DOEs analyses or the opportunity for public input. DOE
requests comments, information, and data on whether its proposed approach is appropriate or on any other suggested alternatives. In addition, DOE seeks comment on whether these changes would affect the quality of DOEs analyses or opportunities for public comment.
D. ASHRAE Equipment In EPCA, Congress established a separate and unique regulatory scheme pertaining to DOE rulemaking of certain covered equipment addressed by ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings, including specific requirements for both energy conservation standards and test procedures. See 42 U.S.C. 6313a6
and 42 U.S.C. 6314a4, respectively.
In the February 2020 Final Rule, DOE
added a section to the Process Rule specifically addressing ASHRAE
equipment for the first time.10 85 FR
8626, 8708.
While DOE sees value in setting forth the statutory requirements and the Departments regulatory process for covered ASHRAE equipment, a subsequent review suggests that DOEs initial efforts to explain the applicable 10 The 1996 Process Rule final rule did not address ASHRAE equipment specifically. 61 FR
36974 July 15, 1996.

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ASHRAE requirements could be improved, both in terms of better delineating the process for energy conservation standards/test procedures and removing constraints that are neither compelled by the statute nor consistent with DOEs historic practice, and would impede DOEs ability to achieve EPCAs energy conservation purposes.
Consequently, DOE proposes to reorganize and revise the ASHRAE
section of the Process Rule to focus on the requirements in EPCA, to increase clarity, and to be consistent with longstanding DOE practices. As part of this effort, DOE is proposing to remove extraneous language relating to DOEs interpretations of the statutes ASHRAE
provisions, because the Department has found matters pertaining to scope, triggering, and applicable statutory criteria to typically involve nuances most appropriately addressed in individual ASHRAE rulemaking actions.
One such example would be an update to the relevant ASHRAE standard that specifies standard levels for a type of covered equipment that previously was not subject to standards, as was the case with computer room air conditioners.
See 77 FR 28928 May 16, 2012. In such an instance, the application of EPCAs trigger provision is not the typical scenario in which existing standard levels for covered equipment are updated. Such matters may not lend themselves to a standardized approach suitable for inclusion in the Process Rule, but instead, are better addressed on a case-by-case basis in the context of the specific ASHRAE rulemaking in question. In light of the above, DOEs proposed changes are discussed in the paragraphs that follow.
First, DOE proposes to include separate sections delineating the EPCA
requirements under two scenarios: 1
ASHRAE action regarding standards and test procedures i.e., ASHRAE trigger under 42 U.S.C. 6313a6A and 42
U.S.C. 6314a4AB, respectively and 2 DOEs obligation to periodically review energy conservation standards and test procedures for ASHRAE
equipment i.e., 6-year-lookback or 7year-lookback under 42 U.S.C.
6313a6C and 42 U.S.C. 6314a1, respectively. It is expected that this refinement would provide additional clarity to stakeholders by more clearly articulating the statutory scheme regarding standards and test procedure rulemakings for ASHRAE equipment.
Within the ASHRAE trigger section, DOE proposes to further separate out the statutory requirements for energy conservation standards and test procedures. In the current version of the
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