Agency Information Collection Extension, 9916-9920 [2021-03154]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Pages 9916-9920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03154]


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DEPARTMENT OF ENERGY

[EERE-2020-BT-CRT-0018]


Agency Information Collection Extension

AGENCY: Office of Energy Efficiency and Renewable Energy, U.S. 
Department of Energy.

ACTION: Submission for Office of Management and Budget (OMB) review; 
comment request.

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SUMMARY: The Department of Energy (DOE) has submitted an information 
collection request to the OMB for extension under the provisions of the 
Paperwork Reduction Act of 1995. The information collection requests a 
three-year extension of its Certification Reports, Compliance 
Statements, Application for a Test Procedure Waiver, and Recordkeeping 
for Consumer Products and Commercial/Industrial Equipment subject to 
Energy or Water Conservation Standards.

DATES: Comments regarding this collection must be received on or before 
March 19, 2021. If you anticipate that you will be submitting comments, 
but find it difficult to do so within the period of time allowed by 
this notice, please advise the OMB Desk Officer of your intention to 
make a submission as soon as possible. The Desk Officer may be 
telephoned at (202) 395-4718.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Catherine Rivest, 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. Telephone: (202) 586-7335. Email: 
[email protected].
    Interested persons are encouraged to submit comments using the 
Federal eRulemaking Portal at https://www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons 
may submit comments, identified by docket number EERE-2020-BT-CRT-0018, 
by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket 
number EERE-2020-BT-CRT-0018 in the subject line of the message.
    3. 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.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, 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 telefacsimilies (faxes) will be accepted.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at https://www.regulations.gov. All documents in 
the docket are listed in the https://www.regulations.gov index. However, 
some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at https://www.regulations.gov/#!docketDetail;D=EERE-2020-BT-CRT-0018. The docket web page will 
contain simple instructions on how to access all documents, including 
public comments, in the docket.

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995, as 
amended (PRA), 44 U.S.C. 3501-3520, and its implementing regulations, 5 
CFR part 1320, require Federal agencies to issue two notices seeking 
public comment on information collection activities before OMB may 
approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 
1320.8(d)(1), and 1320.12. On November 23, 2020, DOE published a 60-day 
notice in the Federal Register soliciting comment on the information 
collection request for which it is now seeking OMB approval. See 85 FR 
74713. The proposed collection would cover all covered products and 
equipment subject to DOE's regulatory requirements described in 10 CFR 
parts 429, 430, and 431. DOE received three comments in response to 
this notice, which are discussed in section I of this document.

I. Summary of Comments

    DOE requested comments as to whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility. In response, the Air-Conditioning, Heating, and Refrigeration 
Institute (AHRI) and Carrier stated that performance data reporting is 
necessary and proper to ensure that manufacturers are complying with 
energy conservation standards. (AHRI, No. 2 at p. 2; Carrier No. 4 at 
p. 1)
    AHRI stated that the scope of DOE's reporting requirements are at 
times overbroad, which creates unnecessary burden. AHRI pointed to the 
Central Air Conditioners and Heat Pump reporting template as an example 
of overcollection and noted that it includes many more fields than DOE 
publishes on its public Compliance Certification Management System 
(CCMS) database. AHRI asked that DOE exercise greater

[[Page 9917]]

caution in developing its reporting requirements for covered products. 
AHRI noted that DOE should only collect information necessary to ensure 
compliance. (AHRI, No. 2 at p. 2) AHRI stated that most of the data DOE 
collects is considered confidential business information, and improper 
disclosure could significantly harm manufacturers. AHRI therefore 
requested that DOE restrict its data collection only to that which is 
necessary to demonstrate compliance. AHRI added that DOE should take 
appropriate measures to protect the confidential data in its possession 
and inform manufacturers of a breach immediately. (AHRI, No. 2 at p. 2)
    DOE appreciates the feedback from AHRI. DOE notes that it aims to 
limit the collection of information implemented in the regulatory 
language to include only information necessary to ensure compliance 
with energy conservation standards. In its regulatory process, DOE 
outlines the certification requirements in a proposal and requests 
comment and input from stakeholders prior to finalizing those 
requirements. DOE is not considering amending its certification 
regulations as part of this notice. However, it will consider these 
comments in any future rulemakings that address certification 
requirements. DOE notes that access to CCMS is currently secured by 
password protection. All users are required to register with CCMS and 
establish usernames and passwords to access CCMS. CCMS complies with 
the system security standards for Federal systems established by the 
National Institute of Standards and Technology and set forth in NIST 
800-53.
    DOE requested comment on the accuracy of the agency's estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used.
    DOE received no comments regarding the accuracy of its burden of 
the information collection activities estimates. Therefore, DOE has not 
modified those estimates in this notice.
    DOE requested comment on ways to enhance the quality, utility, and 
clarity of the information to be collected. DOE also requested comment 
on ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology.
    In response, AHRI commented that DOE is frequently late in 
releasing reporting templates which creates outsized and unnecessary 
burden on manufacturers and third-party certifiers. AHRI argued that 
the last-minute release of a template is unjustified as the Department 
knows the data it intends to collect when it promulgates a rule. AHRI 
asked that OMB decline DOE's data collection authorization unless DOE 
promulgates a regulation that requires the release of the reporting 
templates concurrent with the corresponding regulatory language in the 
Federal Register or at least 180 days before the template is effective 
if the change did not result from a rule change. AHRI added that the 
lack of adequate notice undermines due process and facially violates 
the principles of the Paperwork Reduction Act. AHRI asserted that DOE 
must release the templates contemporaneously with the final rule. AHRI 
argued that, upon publication of the final rule, because DOE has 
already decided what data it intends to collect, it should also be 
required to provide adequate notice of the format that it intends to 
use to collect the data so that stakeholders can respond accordingly 
(AHRI, No. 2 at p. 3-6)
    AHRI commented that, although the reporting requirements for all 
new test procedures or energy conservation standards are presented in 
the Federal Register and Code of Federal Regulations, the format it is 
presented in is not useful to stakeholders. AHRI commented that the 
team of programmers they employ to manage their directory and to 
facilitate the regulatory reporting need a minimum of 3 months to write 
the necessary data transfer programs. AHRI added that they cannot begin 
work on the programming until they have received the final 
certification template. AHRI noted that DOE continues to deliver late 
templates despite AHRI having issued multiple requests, held meetings, 
and filed comments requesting a predictable deadline of at least six 
months to a year prior to the effective date of a standard.
    AHRI expressed concern that the change of OMB control number 
rollout and other ``effective immediately'' templates are especially 
burdensome. AHRI noted that a template amendment as small as a change 
of an OMB control number requires re-coding and re-programming data 
maps and testing those changes. AHRI listed several instances in which 
they felt that the timeframe between certification template release and 
the required certification date was insufficient. AHRI commented that 
stakeholders must have an ability to plan workflows and predictably 
allocate resources to reporting. AHRI added that stakeholders cannot 
make business plans for regulatory compliance unless DOE is transparent 
and consistent in predictably delivering final reporting templates.
    DOE appreciates the feedback from AHRI. DOE strives to make 
certification templates available in a timely manner and will work to 
post new or revised templates well in advance of certification 
deadlines. DOE notes that, in the past, AHRI generally has requested 
that DOE post certification templates six weeks prior to their required 
use. However, DOE notes that AHRI also requested six months in a 
comment on DOE's Procedures, Interpretations, and Policies for 
Consideration of New or Revised Energy Conservation Standards for 
Consumer Products rulemaking (AHRI, EERE-2017-BT-STD-0062, No. 51 at 
pg. 32). Going forward, DOE will make its best effort to release new 
product certification templates at least 180 days prior to their 
required use.
    DOE explains that typically it does not require manufacturers to 
recertify on newly posted templates until the annual certification date 
unless manufacturers are required to do so in order to demonstrate 
compliance with amended standards. For example, DOE posted a template 
for automatic commercial ice makers on December 18, 2017. In the 
announcement DOE stated, ``Submissions made on previous versions of the 
template do not have to be resubmitted until the August 1, 2018 annual 
certification date if they comply with the amended performance 
standards.'' DOE notes that it explains the reason a new template is 
posted in its template announcement and email notification. DOE also 
notes the CCMS product-template download page maintains a newsfeed on 
the left side (See https://www.regulations.doe.gov/ccms/templates). 
Regarding the renewal of an OMB control number, DOE notes that this 
change does not trigger any changes to data maps and should only 
require updating of a filename in any code.
    The American Lighting Association (ALA), Association of Home 
Appliance Manufacturers (AHAM), Hearth, Patio & Barbecue Association 
(HPBA), and the Information Technology Industry Council (ITI) 
(collectively, the Joint Commenters), AHRI, and Carrier all expressed 
strong support for the elimination of duplicative reporting 
requirements. (The Joint Commenters, No. 3 at p. 2; AHRI, No. 2 at p. 
2; Carrier No. 4 at p. 1)
    The Joint Commenters and AHRI each expressed support for DOE's 
proposal to add fields to CCMS that would allow the California Energy 
Commission (CEC) to accept CCMS reports in satisfaction of applicable 
state reporting requirements.

[[Page 9918]]

(The Joint Commenters, No. 3 at p. 2; AHRI, No. 2 at p. 5) The Joint 
Commenters and AHRI went further to say they encourage the streamlining 
of regulatory reporting that DOE can achieve via its CCMS system 
including those imposed by Energy Star and Natural Resources Canada 
(NRCan). (The Joint Commenters, No. 3 at p. 2; AHRI, No. 2 at p. 2) The 
Joint Commenters noted that this action would be consistent with the 
Appliance Standards Rulemaking Advisory Committee (ASRAC) 
recommendation on reporting burden adopted by stakeholders from various 
points of view on December 5, 2019. (The Joint Commenters, No. 3 at pg. 
2) AHRI went on to state that CCMS is a functional and well-maintained 
database and reporting system, which is better resourced and more 
reliable than state-run databases. AHRI noted that it has used 
available technology to facilitate mass uploads of data to CCMS, which 
has been able to accommodate this data transfer consistently and 
reliably. AHRI commented that streamlining and consolidating the CEC 
reporting requirements into CCMS in the same way that the Federal Trade 
Commission (FTC) reporting was previously addressed would be an 
unqualified benefit to stakeholders. (AHRI, No. 2 at p. 6)
    DOE will continue to consider revisions to CCMS that would 
facilitate a reduction in duplicative reporting under California's 
Appliance Efficiency Regulations, as well as others.
    The Joint Commenters expressed interest in further reducing 
regulatory burden by working with the Department to reevaluate the 
annual certification reporting requirement which results in unnecessary 
paperwork costs for no reason. The Joint Commenters noted that the 
ASRAC recommendation adopted by vote of stakeholders from varying 
points of view on December 5, 2019 also recommended that DOE harmonize 
its reporting scope with that of the FTC such that only basic models in 
current production be included in the reporting scope rather than DOE's 
current scope which indicates models being sold or offered for sale 
must be reported. The recommendation also urged DOE to eliminate annual 
reporting such that reporting would be required only when a model is 
added, removed, or changed in a way that changes energy use. (The Joint 
Commenters, No. 3 at p. 2)
    DOE is not considering amending its regulations as part of this 
notice, however, it will consider these comments in any future 
rulemakings that address certification requirements.
    This information collection request contains:
    (1) OMB No.: 1910-1400;
    (2) Information Collection Request Title: Certification Reports, 
Compliance Statements, Application for a Test Procedure Waiver, 
Application for Extension of Representation Requirements, Labeling, and 
Recordkeeping for Consumer Products and Commercial/Industrial Equipment 
subject to Federal Energy or Water Conservation Standards;
    (3) Type of Request: Revision with changes;
    (4) Purpose: Pursuant to the Energy Policy and Conservation Act, as 
amended (``EPCA'' or ``the Act''),\1\ Public Law 94-163 (42 U.S.C. 
6291-6317, as codified), DOE regulates the energy efficiency of a 
number of consumer products, and commercial and industrial equipment. 
Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency of 
covered consumer products (``covered products''). Title III, Part C \3\ 
of EPCA, added by Public Law 95-619, Title IV, Sec.  441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment, which sets forth a variety of provisions designed to improve 
energy efficiency of covered commercial and industrial equipment 
(collectively referred to as ``covered equipment'').
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    \1\ All 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).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    Covered products and covered equipment are described in 10 CFR 
parts 429, 430, and 431. These covered products and covered equipment, 
including all product or equipment classes, include: (1) Consumer 
refrigerators, refrigerator-freezers and freezers; (2) Room air 
conditioners; (3) Central air conditioners and central air conditioning 
heat pumps; (4) Consumer water heaters; (5) Consumer furnaces and 
boilers; (6) Dishwashers; (7) Residential clothes washers; (8) Clothes 
dryers; (9) Direct heating equipment; (10) Cooking products; (11) Pool 
heaters; (12) Television sets; (13) Fluorescent lamp ballasts; (14) 
General service fluorescent lamps, general service incandescent lamps, 
and incandescent reflector lamps; (15) Faucets; (16) Showerheads; (17) 
Water closets; (18) Urinals; (19) Ceiling fans; (20) Ceiling fan light 
kits; (21) Torchieres; (22) Compact fluorescent lamps; (23) 
Dehumidifiers; (24) External power supplies; (25) Battery chargers; 
(26) Candelabra base incandescent lamps and intermediate base 
incandescent lamps; (27) Commercial warm air furnaces; (28) Commercial 
refrigerators, freezers, and refrigerator-freezers; (29) Commercial 
heating and air conditioning equipment; (30) Commercial water heating 
equipment; (31) Automatic commercial ice makers; (32) Commercial 
clothes washers; (33) Distribution transformers; (34) Illuminated exit 
signs; (35) Traffic signal modules and pedestrian modules; (36) 
Commercial unit heaters; (37) Commercial pre-rinse spray valves; (38) 
Refrigerated bottled or canned beverage vending machines; (39) Walk-in 
coolers and walk-in freezers and certain components; (40) Metal halide 
lamp ballasts and fixtures (41) Integrated light-emitting diode lamps; 
(42) General service lamps; (43) Furnace fans; (44) Pumps; (45) 
Commercial packaged boilers; (46) Consumer miscellaneous refrigeration 
equipment; (47) Portable air conditioners; (48) Compressors; (49) 
Electric motors; (50) Small electric motors (51) Rough service lamps; 
and (52) Vibration service lamps.
    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. For consumer products, relevant provisions of the Act 
specifically include definitions (42 U.S.C. 6291), energy conservation 
standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling 
provisions (42 U.S.C. 6294), and the authority to require information 
and reports from manufacturers (42 U.S.C. 6296). For covered equipment, 
relevant provisions of the Act include definitions (42 U.S.C. 6311), 
energy conservation standards (42 U.S.C. 6313), test procedures (42 
U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the authority 
to require information and reports from manufacturers (42 U.S.C. 6316).
    DOE is seeking to renew its information collection related to the 
following aspects of the appliance standards program: (1) Gathering 
data and submitting certification and compliance reports for each basic 
model distributed in commerce in the U.S. including supplemental 
testing instructions for certain commercial equipment; (2) maintaining 
records underlying the certified ratings for each basic model including 
test data and the associated calculations; (3) applications for a test 
procedure waiver, which

[[Page 9919]]

manufacturers may elect to submit if they manufacture a basic model 
that cannot be tested pursuant to the DOE test procedure; (4) 
applications requesting an extension of the date by which 
representations must be made in accordance with any new or amended DOE 
test procedure; and (5) labeling.
    DOE's certification and compliance activities ensure accurate and 
comprehensive information about the energy and water use 
characteristics of covered products and covered equipment sold in the 
United States. Manufacturers of all covered products and covered 
equipment must submit a certification report before a basic model is 
distributed in commerce, annually thereafter,\4\ and if the basic model 
is redesigned in such a manner to increase the consumption or decrease 
the efficiency of the basic model such that the certified rating is no 
longer supported by the test data. Additionally, manufacturers must 
report when production of a basic model has ceased and is no longer 
offered for sale as part of the next annual certification report 
following such cessation. DOE requires the manufacturer of any covered 
product or covered equipment to establish, maintain, and retain the 
records of certification reports, of the underlying test data for all 
certification testing, and of any other testing conducted to satisfy 
the requirements of part 429, part 430, and/or part 431. Certification 
reports provide DOE and consumers with comprehensive, up-to-date 
efficiency information and support effective enforcement.
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    \4\ With the exception of electric motors, and small electric 
motors.
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    As the result of a negotiated rulemaking, DOE adopted additional 
certification requirements for commercial HVAC, water heater, and 
refrigeration equipment. Specifically, DOE requires manufacturers of 
commercial refrigeration equipment and some types of commercial HVAC 
equipment to submit a PDF with specific testing instructions to be used 
by the Department during verification and enforcement testing. 
Manufacturers of commercial water heating equipment and some types of 
commercial HVAC equipment have the option of submitting a PDF with 
additional testing instructions at the manufacturer's discretion. For 
additional information on the negotiated rulemaking or supplemental 
testing instructions see docket number EERE-2013-BT-NOC-0023.
    On December 18, 2014, Congress enacted the EPS Service Parts Act of 
2014 (Pub. L. 113-263, ``Service Parts Act''). That law exempted 
manufacturers of certain external power supplies (``EPSs'') that were 
made available as service and spare parts for end-use products 
manufactured before February 10, 2016, from the energy conservation 
standards that DOE promulgated in its February 2014 rule. See 79 FR 
7846 (Feb. 10, 2014). Additionally, the Service Parts Act permits DOE 
to require manufacturers of an EPS that is exempt from the 2016 
standards to report to DOE the total number of such EPS units that are 
shipped annually as service and spare parts and that do not meet those 
standards. (42 U.S.C. 6295(u)(5)(A)(ii)) DOE may also limit the 
applicability of the exemption if the Secretary determines that the 
exemption is resulting in a significant reduction of the energy savings 
that would result in the absence of the exemption. (42 U.S.C. 
6295(u)(5)(A)(iii)) In a final rule published on May 16, 2016, DOE 
adopted reporting requirements for EPS manufacturers to provide the 
total number of exempt EPS units sold as service and spare parts for 
which the manufacturer is claiming exemption from the current 
standards. 81 FR 30157.
    On April 30, 2015, Congress enacted the Energy Efficiency 
Improvement Act of 2015 (Pub. L. 114-11, ``Energy Efficiency 
Improvement Act''). That law established definitions and energy 
conservation standards for grid-enabled water heaters that DOE 
promulgated in its August 2015 Final Rule. See 80 FR 48004 (Aug. 11, 
2015). Additionally, the Energy Efficiency Improvement Act mandates DOE 
to require manufacturers of grid-enabled water heaters to report to DOE 
the total number of such units that are shipped annually. (42 U.S.C. 
6295(e)(6)(C)(i)).
    DOE currently requires manufacturers or their party representatives 
to prepare and submit certification reports and compliance statements 
using DOE's electronic Web-based tool, the Compliance and Certification 
Management System (CCMS), which is the primary mechanism for submitting 
certification reports to DOE. CCMS currently has product and equipment 
specific templates which manufacturers are required to use when 
submitting certification data to DOE. DOE believes the availability of 
electronic filing through the CCMS system reduces reporting burdens, 
streamlines the process, and provides the Department with needed 
information in a standardized, more accessible form. This electronic 
filing system also ensures that records are recorded in a permanent, 
systematic way.
    Manufacturers also may rely on CCMS reporting to satisfy certain 
reporting requirements established by the FTC. EPCA directs the FTC 
generally to prescribe labeling rules for the consumer products subject 
to energy conservation standards under EPCA. (42 U.S.C. 6296) The 
required labels generally must disclose the estimated annual operating 
cost of such product (determined in accordance with Federal test 
procedures); and information respecting the range of estimated annual 
operating costs for covered products to which the rule applies. (42 
U.S.C 6296(c)(1)) Pursuant to EPCA, the FTC prescribed the Energy 
Labeling Rule, which in part, requires manufacturers to attach yellow 
EnergyGuide labels to many of the covered consumer products. See 16 CFR 
part 305. EnergyGuide labels for most products subject to the FTC 
labeling requirement contain three key disclosures: Estimated annual 
energy cost (16 CFR 305.5); a product's energy consumption or energy 
efficiency rating as determined from DOE test procedures (Id.); and a 
comparability range displaying the highest and lowest energy costs or 
efficiency ratings for all similar models (16 CFR 305.10).
    The Energy Labeling Rule also contains reporting requirements for 
most products, under which manufacturers must submit data to the FTC 
both when they begin manufacturing new models and on an annual basis 
thereafter. 16 CFR 305.8. These reports must contain, among other 
things, estimated annual energy consumption or energy efficiency 
ratings, similar to what is required under DOE's reporting requirement. 
Id. Prior to 2013, FTC collected energy data on products subject to the 
Energy Labeling Rule separate from DOE through paper and email 
submissions to the FTC. This arrangement required manufacturers to 
submit nearly duplicative reports to DOE and FTC.
    However, in 2013 the FTC streamlined and harmonized its reporting 
requirements by giving manufacturers the option to report FTC-required 
data through DOE's CCMS, in lieu of the traditional practice of 
submitting directly to FTC. 78 FR 2200 (Jan. 10, 2013); 16 CFR 
305.8(a)(1). As such, the CCMS reduces duplicative reporting for 
manufacturers of covered consumer products that are also required to 
report under the FTC Energy Label Rule.
    DOE allows manufacturers of both consumer products and/or 
commercial equipment to apply for a test procedure waiver. 
Manufacturers may submit an application for a test procedure waiver

[[Page 9920]]

at his or her discretion if it is determined that the basic model for 
which the petition for waiver was submitted contains one or more design 
characteristics that prevents testing of the basic model according to 
the prescribed test procedures, or if the prescribed test procedures 
may evaluate the basic model in a manner so unrepresentative of its 
true energy consumption characteristics as to provide materially 
inaccurate comparative data. The Department currently uses and will 
continue to use the information submitted in the application for a 
waiver as the basis for granting or denying the petition. See 10 CFR 
430.27 for additional information on petitions for waivers and for 
consumer products. See 10 CFR 431.401 for additional information on 
petitions for waivers for commercial equipment.
    DOE also allows manufacturers of both consumer products and/or 
commercial equipment to submit applications requesting an extension of 
the date by which representations must be made in accordance with any 
new or amended DOE test procedure. DOE may grant extensions of up to 
180 days if it determines that making such representations would impose 
an undue hardship on the petitioner. The Department currently uses and 
will continue to use the information submitted in these applications as 
the basis for granting or denying the petition.
    In addition to the FTC labeling requirements for consumer products 
discussed, EPCA directs DOE to establish labeling requirements for 
covered industrial and commercial equipment when specified criteria is 
met. If the Department has prescribed test procedures for any class of 
covered equipment, a labeling rule applicable to such class of covered 
equipment must be prescribed. (42 U.S.C. 6315(a)) EPCA, however, 
requires that certain criteria must be met prior to DOE prescribing a 
given labeling rule. Specifically, DOE must determine that: (1) 
Labeling is technologically and economically feasible with respect to 
any particular equipment class; (2) significant energy savings will 
likely result from such labeling; and (3) labeling is likely to assist 
consumers in making purchasing decisions. (42 U.S.C. 6315(h)) DOE has 
established labeling requirements under the authority in 42 U.S.C. 6315 
for electric motors (10 CFR 431.31), walk-in coolers and freezers (10 
CFR 431.305), and pumps (10 CFR 431.466).
    (5) Annual Estimated Number of Respondents: 2,000;
    (6) Annual Estimated Number of Total Responses: 20,000;
    (7) Annual Estimated Number of Burden Hours: 773,060 (35 hours per 
certification, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information; 16 additional 
hours for creating supplement testing instructions for commercial HVAC, 
water heating, and refrigeration equipment manufacturers; 160 hours for 
test procedure waiver preparation; 160 hours for representation 
extension request preparation; 1 hour for creating and applying a label 
for walk-in cooler and freezer, commercial and industrial pump, and 
electric motor manufacturers);
    (8) Annual Estimated Reporting and Recordkeeping Cost Burden: 
$77,306,000.

Statutory Authority

    Section 326(d) of the Energy Policy and Conservation Act, Public 
Law 94-163, as amended (42 U.S.C. 6296); 10 CFR parts 429, 430, and 
431.

Signing Authority

    This document of the Department of Energy was signed on February 
11, 2021, by Kelly Speaks-Backman, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Acting Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on February 11, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-03154 Filed 2-16-21; 8:45 am]
BILLING CODE 6450-01-P