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The U.S. Department of Energy (DOE) has published a proposed rule (NPRM) to update and modernize the DOE’s current rulemaking methodology entitled, "Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products" (otherwise known as the Process Rule). DOE has conducted extensive public meetings, including webinars, and received a significant number of comments from a wide variety of stakeholders in response to the NPRM. DOE also published a notice of data availability (NODA) regarding national energy savings estimates from past DOE energy conservation standards rulemakings that were used in support of the NPRM and has requested comments on these data. DOE will publish a final rule after all of the comments, including in response to the NODA, have been analyzed and addressed.

Statement of Need:

DOE has proposed to update and modernize its procedures for establishing energy conservation standards and test procedures for the DOE Appliance Program, otherwise known as the "Process Rule." This proposed rule would reduce burdens on all stakeholders when engaging in the rulemaking process.

Summary of the Legal Basis:

On July 15, 1996, DOE published a final rule titled, "Procedures, Interpretations and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products."  This document was codified at 10 CFR part 430, subpart C, appendix A. As explained in the final rule for the Process Rule, this rule came within the scope of the Administrative Procedure Act's exemption from notice-and-comment rulemaking for procedural rules at 5 U.S.C. 553(b)(A). Although DOE's current rulemaking to consider potential revisions to the Process Rule might similarly warrant exemption from notice-and-comment requirements, DOE nonetheless has sought input from interested parties regarding potential avenues to improve DOE's procedures.

Alternatives:

N/A

Anticipated Costs and Benefits:

DOE anticipates that the amended Process Rule, if finalized, will reduce the regulatory burden on stakeholders due to the streamlined processes and enhanced clarity of the amended procedures. DOE will conduct a cost accounting to accompany any final rule.

Risks:

N/A