Energy Conservation Program for Appliance Standards: Certification for Ceiling Fan Light Kits, General Service Incandescent Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces and Boilers, Consumer Water Heaters, Dishwashers, Commercial Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps, 43120-43143 [2021-15579]

Download as PDF 43120 Proposed Rules Federal Register Vol. 86, No. 149 Friday, August 6, 2021 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. DEPARTMENT OF ENERGY 10 CFR Part 429 [EERE–2012–BT–STD–0045] RIN 1904–AE90 Energy Conservation Program for Appliance Standards: Certification for Ceiling Fan Light Kits, General Service Incandescent Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces and Boilers, Consumer Water Heaters, Dishwashers, Commercial Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of proposed rulemaking and request for comment. AGENCY: The U.S. Department of Energy (‘‘DOE’’ or the ‘‘Department’’) proposes to amend the certification provisions for ceiling fan light kits (‘‘CFLKs’’), general service incandescent lamps (‘‘GSILs’’), incandescent reflector lamps (‘‘IRLs’’), ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, commercial clothes washers (‘‘CCWs’’), battery chargers, and dedicated-purpose pool pumps (‘‘DPPPs’’). DOE is proposing amendments to the certification and reporting provisions for these products and equipment to ensure reporting that is consistent with currently applicable energy conservation standards and to ensure DOE has the information necessary to determine the appropriate classification of products for the application of standards. DOE seeks comment from interested parties on all aspects of this proposal. DATES: DOE will accept comments, data, and information regarding this proposal no later than October 5, 2021. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 Alternatively, interested persons may submit comments by email to the following email address: ApplianceStandardsQuestions@ ee.doe.gov. Include docket number EERE–2012–BT–STD–0045 and/or RIN 1904–AE90 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, and instead, the Department is only accepting electronic submissions at this time. 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 the rulemaking process, see section V (Public Participation) of this document. 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 information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at https://www.regulations.gov/ docket?D=EERE-2012-BT-STD-0045. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section V for information on how to submit PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 comments through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, 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) 287–1943. Email: ApplianceStandardsQuestions@ ee.doe.gov. Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586–2588. Email: Amelia.Whiting@hq.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Authority and Background A. Authority B. Background 1. Ceiling Fan Light Kits 2. GSILs and IRLs 3. Ceiling Fans 4. Consumer Furnaces and Boilers 5. Consumer Water Heaters 6. Dishwashers 7. Commercial Clothes Washers 8. Battery Chargers 9. Dedicated-Purpose Pool Pumps II. Synopsis of the Notice of Proposed Rulemaking III. Discussion A. Ceiling Fan Light Kits 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts B. GSILs and IRLs 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts C. Ceiling Fans 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts D. Consumer Furnaces and Boilers 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts E. Grid-Enabled Water Heaters 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts F. Dishwashers 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts G. Commercial Clothes Washers 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts H. Battery Chargers 1. Scope of Applicability E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 2. Reporting 3. Reporting Costs and Impacts I. Dedicated-Purpose Pool Pumps 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts J. Draft Certification Templates for Review IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 1. Description of the Requirements 2. Method of Collection 3. Data 4. Conclusion D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 M. Materials Incorporated by Reference V. Public Participation A. Submission of Comments B. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary I. Authority and Background jbell on DSKJLSW7X2PROD with PROPOSALS A. Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’) 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317, as codified) Title III, Part B 2 of EPCA, Public Law 94–163, established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. Title III, Part C 3 of EPCA, added by Public Law 95– 619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment. These products and equipment include CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs, the subjects of this document. (42 U.S.C. 6292(a)(4–6) and (14); 42 U.S.C. 6295(u) and (ff); 42 U.S.C. 6311(1)(A) and (H)) 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 re-designated as Part A. 3 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated at Part A–1. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 Under EPCA, the energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) the establishment of Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42 U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6296; 42 U.S.C. 6316). The Federal testing requirements consist of test procedures that manufacturers of covered products and equipment must use as the basis for: (1) Certifying to DOE that their products or equipment comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s); 42 U.S.C. 6316(a)), and (2) making representations about the efficiency of those consumer products or industrial equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the products or equipment comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a)) EPCA authorizes DOE to enforce compliance with the energy and water conservation standards established for covered products and equipment. (42 U.S.C. 6299–6305; 42 U.S.C. 6316(a)– (b)) DOE has promulgated enforcement regulations that include reporting requirements for covered products and equipment including CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs. See title 10 of the Code of Federal Regulations (‘‘CFR’’) part 429. The certification regulations ensure that DOE has the information it needs to assess whether regulated products and equipment sold in the United States comply with the law. B. Background DOE’s certification regulations are a mechanism that DOE uses to help ensure compliance with its regulations by collecting 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, and if the basic model is redesigned in such a manner to increase PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 43121 the consumption or decrease the efficiency of the basic model such that the certified rating is no longer supported by 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 until two years after notifying DOE that a model has been discontinued. 10 CFR 429.71. Certification reports provide DOE and consumers with comprehensive, up-to-date efficiency information and support effective enforcement. To ensure that all covered products and covered equipment distributed in the United States comply with DOE’s energy and water conservation standards and reporting requirements, DOE has promulgated certification, compliance, and enforcement regulations in 10 CFR part 429. On March 7, 2011, the Department published in the Federal Register a final rule regarding Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment, which revised, consolidated, and streamlined the Department’s existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under EPCA. 76 FR 12422.4 Since that time, DOE has also completed multiple rulemakings regarding Certification, Compliance, and Enforcement for specific covered products or equipment. See, for example, the May 5, 2014, final rule regarding certification of commercial and industrial heating, ventilating, air conditioning (HVAC), refrigeration, and water heating equipment. 79 FR 25486. In this rulemaking, DOE is once again proposing to revise its certification regulations for certain covered products, as further detailed below. 1. Ceiling Fan Light Kits CFLKs are ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 4 DOE subsequently published two correction notifications on May 2, 2011 (to correct a drafting error and erroneous internal cross references) and on August 2, 2011 (to correct presentation of a formula). 76 FR 24762; 76 FR 46202, respectively. E:\FR\FM\06AUP1.SGM 06AUP1 jbell on DSKJLSW7X2PROD with PROPOSALS 43122 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules U.S.C. 6291(50), 42 U.S.C. 6293(b)(16)(A)(ii), 42 U.S.C. 6295(ff)(2)– (5)) DOE’s energy conservation standards for CFLKs are currently prescribed at 10 CFR 430.32(s). Test procedures for CFLKs are currently prescribed at 10 CFR 430.23; 10 CFR part 430, subpart B, appendix V, ‘‘Uniform Test Method for Measuring the Energy Consumption of Ceiling Fan Light Kits With Pin-Based Sockets for Fluorescent Lamps’’ (‘‘appendix V’’); and 10 CFR part 430, subpart B, appendix V1, ‘‘Uniform Test Method for Measuring the Energy Consumption of Ceiling Fan Light Kits Packaged With Other Fluorescent Lamps (not Compact Fluorescent Lamps or General Service Fluorescent Lamps), Packaged With Other SSL Lamps (not Integrated LED Lamps), or With Integrated SSL Circuitry’’ (‘‘appendix V1’’). The sampling requirements for determining represented values based on the results of testing of CFLKs are found at 10 CFR 429.33(a) and (b) specifies the information that must be included in certification reports submitted to DOE for CFLKs. EPCA directed that the initial test procedures for CFLKs be based on the test procedures referenced in the ENERGY STAR® specifications for Residential Light Fixtures and Compact Fluorescent Light Bulbs as in effect on August 8, 2005. (42 U.S.C. 6293(b)(16)(A)(ii)) DOE published a final rule on December 8, 2006, establishing test procedure requirements for CFLKs in appendix V that incorporated by reference the relevant ENERGY STAR requirements. 71 FR 71340. CFLKs manufactured on or after January 1, 2007, and prior to January 21, 2020, must be packaged with lamps to fill all sockets, with additional standards applicable based on the type of the CFLK’s lamp sockets. 10 CFR 430.32(s)(3)–(5). Lamps packaged with CFLKs with medium screw base sockets must meet efficacy standards, while medium screw base compact fluorescent lamps (‘‘CFLs’’) must additionally meet standards for lumen maintenance, rapid cycle stress, and lifetime. 10 CFR 432.32(s)(3). CFLKs with pin-based sockets for fluorescent lamps must use an electronic ballast and the lampballast platform must meet efficacy standards. 10 CFR 432.32(s)(4). CFLKs with other than medium screw base or pin-based sockets must not be capable of operating with lamps that total more than 190 watts. 10 CFR 432.32(s)(5). The standards at 10 CFR 430.32(s)(3)–(5) will be referred to collectively in this document as the January 1, 2007 standards. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 EPCA also provides that DOE ‘‘may review and revise’’ the initial ceiling fan light kit test procedure (TP). (42 U.S.C. 6293(b)(16)(B)). On December 24, 2015, DOE published a final rule (‘‘December 2015 CFLK TP Final Rule’’) making two key updates to its CFLK test procedure. 80 FR 80209. First, DOE updated the CFLK test procedure to require that representations of efficacy, including certifications of compliance with CFLK standards, be made according to the corresponding DOE lamp test procedures, where they exist (e.g., for a CFLK with medium screw base sockets that is packaged with CFLs, the CFLK test procedure references the DOE test procedure for CFLs at 10 CFR 430.23(y)). 80 FR 80209, 80210 (Dec. 24, 2015). Second, DOE updated the CFLK test procedure by establishing in a separate appendix, i.e., appendix V1, the test procedure for CFLKs packaged with inseparable light sources that require luminaire efficacy testing (e.g., CFLKs with integrated solid state lighting (‘‘SSL’’) circuitry) and for CFLKs packaged with lamps for which DOE test procedures did not exist. 80 FR 80209, 80212. With these changes, the December 2015 CFLK TP Final Rule aligned requirements for measuring efficacy of lamps and/or light sources in CFLKs with current DOE lamp test procedures. DOE published a final rule on January 6, 2016, amending energy conservation standards (ECS) for CFLKs (‘‘January 2016 CFLK ECS Final Rule’’). 81 FR 580. In that final rule, DOE established amended standards based on the efficacy of the lamps (with additional requirements for medium base CFLs and pin-based fluorescent lamps) packaged with the CFLK, except where the lamps are not designed to be consumer replaceable from the CFLK (i.e., integrated SSLs), in which case luminaire efficacy is used. Id. These amended standards apply to CFLKs manufactured on or after January 21, 2020,5 and will be referred to collectively in this document as the January 21, 2020 standards. See 10 CFR 432.32(s)(6). 5 After DOE’s promulgation of final rules establishing energy conservation standards for CFLKs and ceiling fans, Congress enacted S. 2030, the ‘‘Ceiling Fan Energy Conservation Harmonization Act’’ (‘‘the Act’’), which was signed into law as Public Law 115–161 on April 3, 2018. The Act amended the compliance date for the CFLK standards to establish a single compliance date for the energy conservation standards for both CFLKs and ceiling fans. On May 16, 2018, DOE published a final rule that amended the compliance date for CFLKs in the relevant sections of the CFR by replacing ‘‘January 7, 2019’’ with ‘‘January 21, 2020.’’ 83 FR 22587. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 In the December 2015 CFLK TP Final Rule, DOE determined that the amendments in that final rule would likely change the measured values required to comply with the thenexisting CFLK standards for all CFLKs except CFLKs with medium screw base sockets. 80 FR 80209, 80212. As such, representations regarding CFLKs subject to the January 21, 2020 standards must be based on the amended test procedure, including appendix V1. See id. and 81 FR 580 (January 6, 2016). Neither the December 2015 CFLK TP Final Rule nor the January 2016 CFLK ECS Final Rule amended the reporting requirements for CFLKs to reflect the updated metrics from the test procedure and amended standards. The reporting requirements at 10 CFR 429.33 continue to require manufacturers to report based on the January 1, 2007 standards, including information that is no longer relevant. This inconsistency between the reporting requirements and the January 21, 2020 standards may lead to confusion regarding which standards are applicable as well as the reporting of unnecessary information. Therefore, DOE is proposing to update the reporting requirements to address the January 21, 2020 standards and remove the reporting requirements for the January 1, 2007 standards. 2. GSILs and IRLs GSILs and IRLs are ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6292(a)(14)) DOE’s existing test procedures for general service fluorescent lamps (‘‘GSFLs’’), IRLs and GSILs appear at title 10 CFR part 430, subpart B, appendix R (‘‘appendix R’’) (‘‘Uniform Test Method for Measuring Average Lamp Efficacy (‘‘LE’’), Color Rendering Index (‘‘CRI’’), and Correlated Color Temperature (‘‘CCT’’) of Electric Lamps’’). DOE test procedures for GSFLs, IRLs, and GSILs are codified in appendix R and associated sampling and reporting requirements are codified in 10 CFR 429.27. DOE standards for GSFLs, IRLs, and GSILs are codified respectively at 10 CFR 430.32(n)(1), (2), (4), (6), and (7) and (x). On July 6, 2009, DOE published a final rule amending the test procedures for GSFLs, IRLs, and GSILs. 74 FR 31829. These amendments consisted largely of: (1) Referencing the most current versions of several lighting industry test standards incorporated by reference; (2) adopting certain technical changes and clarifications; and (3) expanding the test procedures to E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS accommodate new classes of lamps to which coverage was extended by the Energy Independence and Security Act of 2007 (Pub. L. 110–140). Id. The final rule also addressed the then recently established statutory requirement to expand test procedures to incorporate a measure of standby mode and off mode energy consumption and determined that, because these modes of energy consumption were not applicable to the lamps, an expansion of the test procedures was not necessary. Id. Shortly thereafter, DOE again amended the test procedures to adopt reference ballast settings necessary for the additional GSFLs for which DOE was establishing standards. 74 FR 34080, 34096 (July 14, 2009). DOE most recently amended the test procedures for GSFLs and GSILs in a final rule published on January 27, 2012. 77 FR 4203. DOE updated several references to the industry test standards referenced in DOE’s test procedures and established a lamp lifetime test method for GSILs. Id. In that final rule, DOE determined amendments to the existing test procedure for IRLs were not necessary. Id. On June 3, 2021, DOE published a notice of proposed rulemaking (NOPR) amending the test procedures for GSFL, IRLs, and GSILs. 86 FR 29888 (‘‘June 2021 NOPR’’). In the June 2021 NOPR, DOE proposed to update to the latest versions of the referenced industry test standards; clarify definitions, test conditions and methods; clarify test frequency and inclusion of cathode power in measurements for GSFLs; provide a test method for measuring CRI of GSILs and IRLs and for measuring lifetime of IRLs; allow manufacturers to make voluntary (optional) representations of GSFLs at high frequency settings; and to align sampling and certification requirements with proposed test procedure terminology and with the Federal Trade Commission’s labeling program. Id. In this NOPR, DOE is proposing to revise the reporting requirements to reflect the current energy conservation standards for GSILs and IRLs and include other characteristics in the certification report needed to determine the applicable product classes. DOE is not proposing revisions to GSFL reporting requirements in this NOPR. 3. Ceiling Fans Ceiling fans are ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6291(49), 42 U.S.C. 6293(b)(16)(A)(ii) and (B), 42 U.S.C. 6295(ff)(1) and (6)(C)) DOE’s existing VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 test procedure for ceiling fans appears at 10 CFR 430.23 and appendix U of 10 CFR part 430, subpart B, ‘‘Uniform Test Method for Measuring the Energy Consumption of Ceiling Fans.’’ Sampling and reporting requirements for ceiling fans are set forth at 10 CFR 429.32. DOE’s existing energy conservation standards for ceiling fans are located in 10 CFR 430.32(s). On July 25, 2016, DOE published a final rule which amended the test procedures for ceiling fans at appendix U. 81 FR 48620 (‘‘July 2016 Final Rule’’). On January 19, 2017, DOE established energy conservation standards for ceiling fans, expressed as the minimum allowable efficiency in terms of cubic feet per minute per watt (‘‘CFM/W’’), as a function of ceiling fan diameter in inches. These standards are applicable to all ceiling fans manufactured in, or imported into, the United States on and after January 21, 2020. 82 FR 6826, 6827 (‘‘January 2017 CF ECS Final Rule’’). On September 30, 2019, DOE published a NOPR proposing amendments to the test procedure. 84 FR 51440 (‘‘September 2019 NOPR’’). Additionally, on October 17, 2019, DOE hosted a public meeting to present the September 2019 NOPR proposals. On December 27, 2020, the Energy Act of 2020 (Pub. L. 116–260) was signed into law, and amended performance standards for largediameter ceiling fans (‘‘LDCFs’’).6 (42 U.S.C. 6295(ff)(6)(C)(i), as codified) Specifically, section 1008 of the Energy Act of 2020 amended section 325(ff)(6) of EPCA to specify that large-diameter ceiling fans manufactured on or after January 21, 2020, are not required to meet minimum ceiling fan efficiency requirements in terms of the ratio of the total airflow to the total power consumption (i.e., CFM/W) as established in the January 2017 CF ECS Final Rule. (42 U.S.C. 6295(ff)(6)(C)(i)(I), as codified) Instead, LDCFs are required to meet specified minimum efficiency requirements based on the Ceiling Fan Energy Index (‘‘CFEI’’) metric, with one standard based on operation of the fan at high speed and a second standard based on operation of the fan at 40 percent speed or the nearest speed that is not less than 40 percent speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified) On May 27, 2021, DOE published a final rule to amend the current regulations for large-diameter ceiling fans, corresponding to the provisions in the Energy Act of 2020. 86 FR 28469 6 A large-diameter ceiling fan is a ceiling fan that is greater than seven feet in diameter. 10 CFR part 430, subpart B, appendix U, section 1.14. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 43123 (‘‘May 2021 Technical Amendment’’) The May 2021 Technical Amendment also implemented conforming amendments to the ceiling fan test procedure to ensure consistency with the Energy Act of 2020. Current ceiling fan reporting requirements do not reflect the amended energy conservation standards adopted in the January 2017 CF ECS final rule, nor do they reflect the updated performance standards for largediameter ceiling fans as established in the Energy Act of 2020. Therefore, DOE is proposing to update the reporting requirements to reflect current standards. 4. Consumer Furnaces and Boilers Consumer furnaces and boilers are included in the list of ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures.7 (42 U.S.C. 6292(a)(5)) DOE’s energy conservation standards for consumer furnaces and boilers are currently prescribed at 10 CFR 430.32(e). Test procedures for consumer furnaces and boilers are currently specified in 10 CFR part 430, subpart B, appendix N, ‘‘Uniform Test Method for Measuring the Energy Consumption of Furnaces and Boilers’’ (‘‘appendix N’’). Reporting requirements for consumer furnaces and boilers are set forth in 10 CFR 429.18. The DOE test procedure for consumer furnaces and boilers at appendix N is used to determine the annual fuel utilization efficiency (‘‘AFUE’’), which for gas-fired and oil-fired furnaces and boilers accounts for fossil fuel consumption in active, standby, and off modes, but does not include electrical energy consumption. For electric furnaces and boilers, AFUE accounts for electrical energy consumption in active mode. Appendix N also includes separate provisions to determine the electrical energy consumption in standby mode (PW,SB) and off mode (PW,OFF) in watts for gas-fired, oil-fired, and electric furnaces and boilers. On October 20, 2010, DOE published a final rule in the Federal Register to amend its test procedure for consumer furnaces and boilers to establish a method for measuring the electrical energy use in standby mode and off mode for gas-fired and oil-fired boilers in satisfaction of 42 U.S.C. 6295(gg)(2)(A), which requires that test 7 The list of covered products includes ‘‘furnaces;’’ however, EPCA defines a ‘‘furnace,’’ in relevant part, as ‘‘an electric central furnace, electric boiler, forced-air central furnace, gravity central furnace, or low pressure steam or hot water boiler.’’ (42 U.S.C. 6291(23)(C)) E:\FR\FM\06AUP1.SGM 06AUP1 jbell on DSKJLSW7X2PROD with PROPOSALS 43124 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules procedures for all covered products account for standby mode and off mode energy consumption. 75 FR 64621. DOE most recently updated its test procedure for consumer furnaces and boilers in a final rule published in the Federal Register on January 15, 2016 (January 2016 final rule). 81 FR 2628. The January 2016 final rule amended the existing DOE test procedure for consumer furnaces and boilers through a number of modifications designed to improve the consistency and accuracy of test results generated using the DOE test procedure and to reduce test burden. 81 FR 2628, 2629–2630 (Jan. 15, 2016). EPCA established the initial energy conservation standards for consumer furnaces and boilers in terms of AFUE (42 U.S.C. 6295(f)(1)–(3)) and directed DOE to conduct a series of rulemakings to determine whether to amend these standards (42 U.S.C. 6295(f)(4); see also 42 U.S.C. 6295(m)). On November 19, 2007, DOE published a final rule in the Federal Register (the November 2007 final rule) that revised the energy conservation standards for certain consumer furnace and boiler product classes, with compliance required beginning on November 19, 2015. 72 FR 65136. Following DOE’s adoption of the November 2007 final rule, several parties jointly sued DOE in the United States Court of Appeals for the Second Circuit (Second Circuit) to invalidate the rule, arguing that the standards adopted did not reflect the maximum improvement in energy efficiency that is technologically feasible and economically justified, as required by EPCA. Petition for Review, State of New York, et al. v. Department of Energy, et al., Nos. 08–0311–ag(L); 08–0312– ag(con) (2d Cir. Filed Jan. 17, 2008). On April 21, 2009, the Second Circuit granted a motion by DOE for voluntary remand (which the petitioners did not oppose) that indicated that DOE would revisit its initial conclusions outlined in the November 2007 final rule in a subsequent rulemaking action but did not vacate the standards adopted in the November 2007 final rule. On June 27, 2011, DOE published a direct final rule (June 2011 DFR) revising the energy conservation standards for consumer furnaces (as well as consumer central air conditioners and heat pumps) pursuant to the voluntary remand in State of New York, et al. v. Department of Energy, et al. 76 FR 37408. The June 2011 DFR amended the existing energy conservation standards for nonweatherized gas furnaces, mobile home gas furnaces, and non-weatherized oil furnaces, and amended the compliance VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 date (but left the existing standards in place) for weatherized gas furnaces. The June 2011 DFR also established electrical standby mode and off mode standards for non-weatherized gas furnaces, mobile home gas furnaces, non-weatherized oil furnaces, mobile home oil furnaces, and electric furnaces. DOE confirmed the standards and compliance dates promulgated in the June 2011 DFR in a notice of effective date and compliance dates published in the Federal Register on October 31, 2011. 76 FR 67037. Following DOE’s adoption of the June 2011 DFR, the American Public Gas Association (APGA) filed a petition for review with the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to invalidate the DOE rule as it pertained to nonweatherized natural gas furnaces and mobile home gas furnaces. Petition for Review, American Public Gas Association, et al. v. Department of Energy, et al., No. 11–1485 (D.C. Cir. filed Dec. 23, 2011). On April 24, 2014, the Court granted a motion that approved a settlement agreement that was reached between DOE, APGA, and the various intervenors in the case, in which DOE agreed to a remand of the non-weatherized gas furnace and mobile home gas furnace portions of the June 2011 DFR in order to conduct further notice-and-comment rulemaking. Accordingly, the Court’s order vacated the June 2011 DFR in part (i.e., those portions relating to non-weatherized gas furnaces and mobile home gas furnaces) and remanded to the agency for further rulemaking. The energy conservation standards in the June 2011 DFR for the other consumer furnace product classes (as well as central air conditioners and heat pumps) were left in place. On December 19, 2007, the Energy Independence and Security Act of 2007 (‘‘EISA 2007’’), Public Law 110–140, was signed into law. EISA 2007 revised the AFUE requirements and set design requirements for most consumer boiler product classes and required compliance with the amended standards beginning on September 1, 2012. (42 U.S.C. 6295(f)(3)) For gas-fired hot water boilers, oil-fired hot water boilers, and electric hot water boilers, EISA 2007 requires that residential boilers have an automatic means for adjusting water temperature.8 EISA 2007 also disallows the use of constant-burning pilot lights in gas-fired hot water boilers and gasfired steam boilers. EISA 2007 provided 8 The automatic means for adjusting water temperature must ensure that an incremental change in the inferred heat load produces a corresponding incremental change in the temperature of the water supplied by the boiler. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 an exception for boilers that operate without any need for electricity or any electric connection, electric gauges, electric pumps, electric wires, or electric devices; those boilers were not required to meet the requirements outlined in EISA 2007 for other consumer boilers that require an electrical connection. (42 U.S.C. 6295(f)(3)(A)–(C); 10 CFR 430.32(e)(2)(ii)–(v)) DOE published a final rule technical amendment in the Federal Register on July 28, 2008 (July 2008 final rule technical amendment) to codify the energy conservation standard levels, design requirements, and compliance dates for residential boilers outlined in EISA 2007. 73 FR 43611. DOE completed the most recent rulemaking cycle to amend the standards for consumer boilers by publishing a final rule in the Federal Register on January 15, 2016 (January 2016 final rule), as required under 42 U.S.C. 6295(f)(4)(C). 81 FR 2320. The January 2016 final rule adopted new standby mode and off mode standards for consumer boilers in terms of PW,SB and PW,OFF in addition to amended AFUE energy conservation standards. Compliance with the new and amended standards for consumer boilers was required beginning January 15, 2021. Id. In this NOPR, DOE proposes to require certification and reporting of standby mode and off mode energy consumption for certain product classes, consistent with the energy conservation standards for standby mode and off mode energy consumption adopted in the June 2011 DFR and January 2016 final rule. DOE also proposes to require certification of the type of ignition system for all gas-fired consumer boilers consistent with the prescriptive design requirement set forth in EISA 2007 and subsequently codified by DOE in the July 2008 final rule technical amendment, which applies to all gasfired consumer boilers. 5. Consumer Water Heaters Consumer water heaters are included in the list of ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6292)(a)(4)) DOE’s energy conservation standards and test procedures for consumer water heaters are currently prescribed at 10 CFR 430.32(d) and 10 CFR part 430, subpart B, appendix E, respectively. The Energy Efficiency Improvement Act of 2015 (EEIA 2015), Public Law 114–11, was enacted on April 30, 2015. The EEIA 2015 amended EPCA, in relevant part, by adding definitions for ‘‘grid-enabled water heater’’ and E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS ‘‘activation lock’’ at 42 U.S.C. 6295(e)(6)(A). These products are intended for use as part of an electric thermal storage or demand response program. Among the criteria that define a ‘‘grid-enabled water heater’’ is an energy-related performance standard that is either an energy factor (EF) specified by a formula set forth in the statute, or an equivalent alternative standard that DOE may prescribe. (42 U.S.C. 6295(e)(6)(A)(ii)(III)(aa) and (bb)) In addition, the EEIA 2015 amendments to EPCA also directed DOE to require reporting on shipments and activations of grid-enabled water heaters and to establish procedures, if appropriate, to prevent product diversion for nonprogram purposes, and to publish related results. (42 U.S.C. 6295(e)(6)(C)– (D)) EEIA 2015 also required DOE to treat shipment data reported by manufacturers as confidential business information. (42 U.S.C. 6295(e)(6)(C)(iii)) On August 11, 2015, DOE published a final rule (August 2015 final rule) in the Federal Register that added definitions for ‘‘grid-enabled water heater’’ and ‘‘activation lock’’ to 10 CFR 430.2 and energy conservation standards for grid-enabled water heaters to 10 CFR 430.32(d). 80 FR 48004, 48009–48010. The August 2015 final rule did not establish provisions to require the reporting of shipments by manufacturers. In this NOPR, DOE proposes to require each manufacturer to report annual shipments of their grid-enabled water heaters and to treat the annual shipments of grid-enabled water heaters as confidential business information. 6. Dishwashers Dishwashers are included in the list of ‘‘covered products’’ for which DOE is authorized to establish and amend test procedures and energy conservation standards. (42 U.S.C. 6292)(a)(6)) DOE’s test procedures for dishwashers are currently prescribed at 10 CFR 430.23(c) and appendix C1 to subpart B of 10 CFR part 430 (‘‘appendix C1’’). DOE’s energy conservation standards for dishwashers are currently prescribed at 10 CFR 430.32(f). In a direct final rule published on May 30, 2012 (‘‘May 2012 direct final rule’’), DOE amended the energy conservation standards and water use standards for dishwashers consistent with the levels submitted in a petition by groups representing manufacturers, energy and environmental advocates, and consumer groups. 77 FR 31918, 31919. Compliance with the standards established in the May 2012 direct final rule was required beginning May 30, 2013. Id. at 77 FR 31918. In a final VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 determination published on December 13, 2016, DOE concluded that the amended energy conservation standards would not be economically justified at any level above the standards established in the May 2012 direct final rule, and therefore determined not to amend the standards. 81 FR 90072. DOE most recently amended its dishwasher test procedures in a final rule published October 31, 2012, which established appendix C1. 77 FR 65942, 65947. Appendix C1 is currently required to demonstrate compliance with the energy conservation standards prescribed at 10 CFR 430.32(f). The current version of the DOE test procedure includes provisions for determining estimated annual energy use and per-cycle water consumption, among other metrics. (10 CFR 430.23(c)) In this NOPR, DOE proposes adding a certification reporting requirement to ensure that any assessment or enforcement testing pursuant to 10 CFR 429.104 and 429.110, respectively, would be performed using the same detergent used by the manufacturer for certifying compliance with the energy conservation standards. 7. Commercial Clothes Washers CCWs are included in the list of ‘‘covered equipment’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6311(1)(H)) EPCA requires the test procedures for CCWs to be the same as those established for consumer (residential) clothes washers (‘‘RCWs’’). (42 U.S.C. 6314(a)(8)) DOE’s test procedures for CCWs are currently prescribed at 10 CFR 431.154 and reference DOE’s test procedure for RCWs currently prescribed at appendix J2 to subpart B of 10 CFR part 430 (‘‘appendix J2’’).9 DOE’s energy conservation standards for CCWs are prescribed at 10 CFR 431.156(b). In a final rule published on December 15, 2014, DOE amended the energy conservation standards and water standards for CCWs. 79 FR 74492 (‘‘December 2014 Standards Final Rule’’). Compliance with the standards established in the December 2014 Standards Final Rule was required beginning January 1, 2018. Id. 9 The test procedures for CCWs prescribed at 10 CFR 431.154 also reference appendix J1 to subpart B of 10 CFR part 430 (‘‘appendix J1’’). For CCWs, Appendix J1 is required to demonstrate compliance with energy conservation standards applicable to CCWs manufactured before January 1, 2018. Any representations of compliance with the standards applicable to CCWs manufactured on or after January 1, 2018 must be based upon results generated using appendix J2. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 43125 DOE most recently amended its CCW test procedures in a final rule published December 3, 2014. 79 FR 71624 (‘‘December 2014 TP Final Rule’’). The December 2014 TP Final Rule amended 10 CFR 431.152 to provide definitions for integrated water factor (‘‘IWF’’) and modified energy factor value calculated using appendix J2 (‘‘MEFJ2’’)—the metrics on which the current energy conservation standards are based— among other minor changes. In this NOPR, DOE proposes to require reporting model characteristics used for determining applicable standards and for conducting productspecific enforcement provisions for clothes washers (which includes CCWs), and to specify rounding instructions for each newly reported value. 8. Battery Chargers Battery chargers are ‘‘covered products’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6295(u)) DOE’s energy conservation standards for battery chargers are currently prescribed at 10 CFR 430.32(z). The test procedures for battery chargers are currently prescribed at 10 CFR part 430, subpart B appendix Y, ‘‘Uniform Test Method for Measuring the Energy Consumption of Battery Chargers’’ (‘‘appendix Y’’). The sampling and reporting requirements for battery chargers are set forth in 10 CFR 429.39. On May 20, 2016, DOE published a final rule that established the test procedure for battery chargers at appendix Y. 81 FR 31827. In that final rule, DOE updated the battery selection criteria for multi-voltage, multi-capacity battery chargers; harmonized the instrumentation resolution and uncertainty requirements with the second edition of the International Electrotechnical Commission (‘‘IEC’’) 62301 standard for measuring standby power; defined and excluded back-up battery chargers from the testing requirements; outlined provisions for conditioning lead acid batteries; specified sampling and certification requirements; and corrected typographical errors in the current test procedure. Id. On June 13, 2016, DOE established the current energy conservation standards for battery chargers, expressed as the maximum allowable unit energy consumption (‘‘kWh/yr’’) as a function of battery energy and voltage. 81 FR 38266. Consistent with these prior regulatory amendments affecting battery chargers, this proposal would establish an annual filing date by which manufacturers E:\FR\FM\06AUP1.SGM 06AUP1 43126 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules would be required to submit the required certification information to DOE. 9. Dedicated-Purpose Pool Pumps DPPPs are a subset of pumps, which are included in the list of ‘‘covered equipment’’ for which DOE is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6311(1)(A)) DOE’s test procedures for DPPPs are currently prescribed at 10 CFR 431.464(b) and DOE’s energy conservation standards for DPPPs are prescribed at 10 CFR 431.465(f)–(h). The certification and reporting requirements for DPPPs are set forth in 10 CFR 429.59(b)(2)(iv)–(v) and (b)(3)(iv). DOE’s test procedure for determining DPPP energy efficiency was established in a final rule published on August 7, 2017. 82 FR 36858 (‘‘August 2017 Final Rule’’). The test procedure reflects the consensus of the Appliance Standards Rulemaking Federal Advisory Committee (ASRAC) negotiated rulemaking working group for DPPPs. (Docket No. EERE–2015–BT–STD–0008, Nos. 51 and 82) The August 2017 Final Rule also included certification and enforcement provisions for DPPPs. In this NOPR, DOE proposes to clarify the certification reporting requirements for DPPPs in 10 CFR 429.59(b)(2)(iv) and (b)(3)(iv), in order to resolve potential confusion as to the scope of these provisions. II. Synopsis of the Notice of Proposed Rulemaking In this NOPR, DOE proposes to update the certification reporting requirements as follows: (1) Align the CFLK certification reporting requirements at 10 CFR 429.33 with the CFLK energy conservation standards relating to: (a) Efficacy for light sources in CFLKs; (b) lumen maintenance, lifetime, and rapid cycle stress testing for medium screw base CFLs in CFLKs; (c) electronic ballasts for pin-based fluorescent lamps in CFLKs; (d) test sample size; and (e) kind of lamp. (2) Include rated voltage and lamp diameter for IRLs and initial lumen output for GSILs in certification reports to determine applicable energy conservation standards under the GSIL and IRL certification reporting requirements at 10 CFR 429.27. Additionally, for IRLs include CRI in certification reports, an existing minimum energy conservation requirement for these products. (3) Align the ceiling fan certification reporting requirements at 10 CFR 429.32 with existing energy conservation standards established in the January 2017 CF ECS Final Rule and the Energy Act of 2020. Additionally, specify rounding requirements for CFM/W and CFEI. Finally, add a reporting requirement for standby power consumption for small-diameter ceiling fans. (4) Align the consumer furnace and boiler certification reporting requirements at 10 CFR 429.18 with the existing energy conservation standards by requiring reporting of standby mode and off mode energy consumption for classes with existing standby mode and off mode energy conservation standards, and clarifying that the requirement for certifying the type of ignition system applies to all gas-fired boilers (rather than just cast iron sectional gas-fired boilers). (5) Add certification provisions at 10 CFR 429.17 to require water heater manufacturers to report the number of annual shipments of grid-enabled water heaters. (6) Add certification provisions at 10 CFR 429.19 to require dishwasher manufacturers to indicate use of a new detergent formulation that replaces the detergent formulation currently specified, which has been discontinued. (7) Add certification provisions at 10 CFR 429.46 to require CCW manufacturers to report model characteristics used for determining applicable standards and for conducting product-specific enforcement provisions; and specify rounding instructions for these reported values. (8) Establish an annual filing date in 10 CFR 429.12, by which manufacturers of battery chargers would be required to submit the required certification information to DOE. (9) Clarify the certification reporting requirements in 10 CFR 429.59 for DPPPs. DOE’s current and proposed reporting requirements, as well as the reason for the proposed change, are summarized in Table II.1 of this document. TABLE II.1—SUMMARY OF PROPOSED CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT CERTIFICATION REPORTING REQUIREMENTS Current DOE certification reporting requirements Proposed certification reporting requirements Attribution For CFLKs, no reporting requirement for efficacy for a lamp and integrated SSL circuitry. Add reporting requirement for efficacy in lumens per watt (lm/W) and for lumen output in lumens (to determine the minimum efficacy standard) for a lamp and integrated SSL circuitry in a CFLK. Add reporting requirements to specify the lumen maintenance at 1,000 hours in percent, lumen maintenance at 40 percent of lifetime in percent, number of units passing rapid cycle stress testing, and the lifetime in hours for medium screw base CFLs in a CFLK. Add reporting requirement to provide a declaration that CFLKs with pin-based sockets for fluorescent lamps have an electronic ballast. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards. For CFLKs, no reporting requirements for lumen maintenance at 1,000 hours, lumen maintenance at 40 percent of lifetime, the results of rapid cycle stress testing, and lifetime for medium screw base CFLs. jbell on DSKJLSW7X2PROD with PROPOSALS For CFLKs, no reporting requirement specifying that a CFLK with pin-based sockets for fluorescent lamps have an electronic ballast. For CFLKs, no reporting requirement specifying that a CFLK is packaged with lamps to fill all sockets. Add reporting requirement to provide a declaration that CFLKs are packaged with lamps to fill all sockets. For CFLKs, no reporting requirement for lab accreditation. Add requirement for declaration that lamps packaged with CFLKs were tested by an International Laboratory Accreditation Cooperation (‘‘ILAC’’) accredited laboratory as required under 10 CFR 430.25. Add a reporting requirement to provide the test sample size and kind of lamp for each basic model of lamp in the CFLK. For CFLKs, no reporting requirement for test sample size or kind of lamp for basic model of lamp. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with laboratory accreditation requirements in 10 CFR 430.25. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with sampling requirements in 10 CFR 429.12(b). E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 43127 TABLE II.1—SUMMARY OF PROPOSED CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT CERTIFICATION REPORTING REQUIREMENTS—Continued Current DOE certification reporting requirements Proposed certification reporting requirements Attribution For GSILs and IRLs, does not require reporting all metrics that aid in ensuring compliance. Add reporting requirements for rated voltage, lamp diameter, and CRI for IRLs and initial lumen output for GSILs. For ceiling fans, reporting requirement includes number of speeds and design requirement declaration. Add reporting requirements for small diameter ceiling fans to include blade span, ceiling fan efficiency in CFM/W, declarations regarding multi-head fans along with additional product-specific information for small-diameter ceiling fans: Standby power, blade edge thickness (in), airflow (CFM) at high speed, blade RPM at high speed, and the distance (in) between the ceiling and the lowest point on the fan blades (in both hugger and standard configurations for multi-mount fans). Add reporting requirements for large diameter ceiling fans to include CFEI for high speed and 40 percent speed or the nearest speed that is not less than 40 percent speed. Amend 10 CFR 429.32 to specify that represented values of efficiency must be rounded to the nearest whole number for small diameter ceiling fans in terms of CFM/W and to the nearest hundredth for large diameter ceiling fans in terms of CFEI. Add reporting requirement for standby mode and off mode energy consumption of consumer boilers, non-weatherized oil-fired furnaces (including mobile home furnaces), and electric furnaces. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with existing standards or product class characterizations. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards to reflect the January 2017 CF ECS Final Rule. For ceiling fans, reporting requirement includes number of speeds and design requirement declaration. For ceiling fans, no rounding requirements for the small diameter or large diameter ceiling fan efficiencies. For consumer boilers, non-weatherized oil-fired furnaces (including mobile home furnaces) and electric furnaces, no reporting requirement for standby mode and off mode energy consumption. For gas-fired boilers, reporting requirement to certify type of ignition system applies only to cast iron sectional gas-fired boilers. Expand reporting requirement for type of ignition system to apply to all gas-fired boiler. For grid-enabled water heaters, no requirement for manufacturers to submit annual shipment data. Require manufacturers to submit annual shipment data for grid-enabled water heaters at 10 CFR 429.17. Require manufacturers to report use of the new detergent formulation that replaces the detergent formulation currently specified. For testing dishwashers, no reporting requirement for certification based on testing with an alternate detergent in place of the one currently specified for use, which has been discontinued. For CCWs, does not require reporting of clothes container capacity, loading axis, or remaining moisture content value. For battery chargers, reporting requirements are included in 10 CFR 429.39, but no annual filing date is specified in 10 CFR 429.12. For DPPPs, includes certification reporting requirements for certain models that may cause confusion as to the scope of these provisions. jbell on DSKJLSW7X2PROD with PROPOSALS DOE is not proposing amendments to the test procedures or energy conservation standards for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, or DPPPs. III. Discussion Certification of compliance to DOE is a mechanism that helps manufacturers understand their obligations for distributing models of covered products and equipment that are subject to energy conservation standards. Certification VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 Add reporting requirements for clothing container capacity, type of loading (top-loading or front-loading), and remaining moisture content, including applicable rounding instructions for these reported values. Establish an annual filing date of September 1, by which manufacturers would be required to submit required reporting information to DOE. Clarify that reporting requirements apply only to models subject to energy conservation standards. reports include characteristics of covered products or equipment used to determine which standard applies to a given basic model, and they also help DOE identify models and/or regulated entities that may not be in compliance with the applicable regulations. For the products and equipment addressed in this NOPR, DOE has identified areas in which the certification reporting requirements are not consistent with the information required to verify whether the information provided is consistent with the certifier’s statement of compliance PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards to reflect the Energy Act of 2020. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 energy conservation standards to reflect the January 2017 CF ECS Final Rule and the Energy Act of 2020. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with May 1, 2013 energy conservation standards for non-weatherized oil-fired furnaces (including mobile home furnaces) and electric furnaces, and the January 15, 2021 energy conservation standards for consumer boilers. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with September 1, 2012 energy conservation standards, which includes a prescriptive requirement that disallows a constant-burning pilot ignition for all gas-fired boilers. Required by EPCA under 42 U.S.C. 6295(e)(6)(C)(i). Required to ensure that any assessment or enforcement testing would be performed using the same detergent used by the manufacturer for certifying compliance with the energy conservation standards. Required to verify whether the information provided is consistent with the certifier’s statement of compliance with January 1, 2018 energy conservation standards and to conduct product-specific enforcement provisions. Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment. Eliminate possible misunderstanding that these reporting requirements apply to models that are not subject to energy conservation standards, when in fact these requirements do not apply to such models, per the current provisions in § 429.12(a). with current energy conservation standards. DOE is proposing amendments to the certification and reporting provisions for these products and equipment, as discussed in the following sections, to ensure reporting that is consistent with currently applicable energy conservation standards and to ensure DOE has the information necessary to determine the appropriate classification of products for the application of standards. In addition to the specific proposals discussed in the following sections, DOE is also proposing minor E:\FR\FM\06AUP1.SGM 06AUP1 43128 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules amendments to ensure consistency among terms used throughout DOE’s certification and reporting provisions. A. Ceiling Fan Light Kits 1. Scope of Applicability This NOPR applies to CFLKs, which are products designed to provide light from a ceiling fan and can be either: (1) Integral, such that the equipment is attached to the ceiling fan prior to the time of retail sale; or (2) attachable, such that at the time of retail sale the equipment is not physically attached to the ceiling fan, but may be included inside the ceiling fan packaging at the time of sale or sold separately for subsequent attachment to the fan. 10 CFR 430.2 (42 U.S.C. 6291(50)). In the December 2015 CFLK TP Final Rule, DOE revised its interpretation of the CFLK definition to state that the requirement for a CFLK to be ‘‘designed to provide light’’ includes all light sources in a CFLK, including accent lighting. 80 FR 80209, 80214. DOE seeks comment on whether CFLKs are still being distributed in commerce that were manufactured prior to January 21, 2020, and therefore, DOE should retain compliance requirements for these standards. 2. Reporting Under the existing requirements in 10 CFR 429.33(b), manufacturers must report: (1) System efficacy and rated wattage for CFLKs with medium screw base lamps; (2) system efficacy, rated wattage, and lamp length for CFLKs with pin-based fluorescent lamps; and (3) rated wattage and number of individual sockets for CFLKs with any other socket type. The existing reporting requirements also require a declaration that CFLKs with any other socket type (i.e., not medium screw base or pinbased) meet the applicable design requirements. These requirements provide for certifying compliance with the January 1, 2007 standards. DOE is proposing to replace these requirements and align the reporting requirements with the January 21, 2020 standards and proposing general certification requirements for CFLKs. DOE discusses these proposed updates in the sections as follows. jbell on DSKJLSW7X2PROD with PROPOSALS a. Efficacy The January 21, 2020 standards require that all lamps and integrated SSL packaged with CFLKs meet certain efficacy standards based on the lumens of the lamp. To reflect the January 21, 2020 standards, DOE proposes to require a certification report to identify each basic model of lamp or integrated VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 SSL circuitry packaged with the CFLK basic model and to provide the corresponding lumen output in lumens and the efficacy in lumens per watt (‘‘lm/W’’) for each lamp/SSL basic model. The inclusion of basic model number, associated lumen output, and efficacy in the certification report provides necessary data to determine whether the basic model of the lamp in the CFLK complies with the January 21, 2020 standards requiring a minimum efficacy based on the lumens of the lamp. The current test procedures and reporting requirements for various lighting products do not all use the same terms for lumen output and efficacy (e.g., lumen output, average lumen output, initial lumen output, rated lumen output, efficacy, lamp efficacy, initial lamp efficacy, system efficacy). DOE therefore proposes to use the common terms ‘‘lumen output’’ and ‘‘efficacy’’ to identify the required values, and to make conforming revisions to the rounding requirements at 10 CFR 429.33(c). DOE seeks comments on requiring the reporting of lumen output and efficacy to certify compliance to January 21, 2020 standards. b. Lumen Maintenance, Lifetime, and Rapid Cycle Stress Test Both the January 1, 2007 standards and January 21, 2020 standards include, for medium screw base CFLs packaged with a CFLK, minimum requirements for lumen maintenance at 1,000 hours, lumen maintenance at 40 percent of lifetime, lifetime, and the number of units in the tested sample that must pass the rapid cycle stress test. 10 CFR 430.32(s)(3)(i) and (s)(6)(i). Currently, the reporting requirements do not reflect these requirements for CFLs packaged with CFLKs. DOE proposes to require these values to verify whether the information provided is consistent with the certifier’s statement of compliance with the January 21, 2020 standards. Specifically, for CFLKs packaged with a medium screw base CFL, for each basic model of CFL, DOE proposes to require reporting lumen maintenance at 1,000 hours and lumen maintenance at 40 percent of lifetime in percentages; lifetime in hours; and the number of CFL units that pass rapid cycle stress testing. Similar to DOE’s reporting requirements for CFLs sold individually (see 10 CFR 429.35), DOE proposes to allow certification of lumen maintenance at 40 percent of lifetime, lifetime, and rapid cycle stress testing of a medium screw base CFL in a CFLK to be based on estimations until testing is complete. This would allow new basic PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 models of CFLKs with medium screw based CFLs to be distributed prior to completion of lifetime testing. DOE seeks comment on reporting lumen maintenance at 1,000 hours and at 40 percent of lifetime, lifetime, and the rapid cycle stress test results for medium screw base CFLs in CFLKs. DOE seeks comment on allowing estimates for lumen maintenance at 40 percent of lifetime, lifetime, and the rapid cycle stress test result. c. Design Requirement Declarations The January 21, 2020 standards continue to require that CFLKs with pin-based sockets for fluorescent lamps must use an electronic ballast. 10 CFR 430.32(s)(6)(ii). The current certification reporting requirements require for CFLKs with any socket type other than medium screw base or pin base a declaration that the basic model meets the applicable EPCA design requirement 10 and that the features that have been incorporated into the ceiling fan light kit meet the applicable design requirement (e.g., circuit breaker, fuse, ballast). 10 CFR 429.33(b)(3). DOE proposes to make this declaration more specific to existing requirements and require that, for a CFLK with a pinbased socket for a fluorescent lamp, the manufacturer provide in the certification report a declaration that that such a CFLK has an electronic ballast. This will allow DOE to verify whether the information provided is consistent with the certifier’s statement of compliance with the January 21, 2020 standard requirement that a pin-based socket fluorescent lamp in a CFLK have an electronic ballast. 10 CFR 429.12(b). The January 21, 2020 standards also continue to require that, for all lamp types, the CFLK be packaged with lamps to fill all of the sockets. 10 CFR 430.32(s)(6). DOE proposes to require a declaration that the CFLK is packaged with lamps to fill all sockets of all lamp types (e.g., candelabra base, medium screw base, pin-based). The declaration provides DOE with data indicating whether the manufacturers have addressed the January 21, 2020 standard requirement that for all lamp types the CFLK is packaged with lamps to fill all of the sockets. DOE seeks comment on requiring a declaration that pin-based fluorescent lamps in CFLKs have an electronic ballast. DOE also seeks comment on requiring a declaration that the CFLK are packaged with lamps sufficient to fill all sockets. 10 CFLKs that meet the January 21, 2020 efficacy standards are presumed to meet the EPCAmandated 190 W limit requirement. See 42 U.S.C. 6295(ff)(4)(C) and 10 CFR 430.32(s)(5). E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules d. Basic Model, Lamp Type, and Sample Size Requirements value of efficacy be rounded to the nearest tenth. In this NOPR, DOE is also proposing certain certification reporting requirements for CFLKs to provide further specificity as to what is required to be reported. DOE is proposing to add language in 10 CFR 429.33(b) stating that manufacturers must provide certification values for each basic model of lamp included in the basic model of CFLK under test. This will allow DOE to use the appropriate certification values to verify whether the information provided is consistent with the certifier’s statement of compliance with January 21, 2020 standards. If the same basic model of lamp is used in multiple CFLK basic models, manufacturers may use the same set of test data for that basic model of lamp to show compliance for each CFLK basic model in which it is included. DOE is also proposing manufacturers provide the test sample size and kind of lamp for each basic model of a lamp and/or each basic model of integrated SSL circuitry packaged with a basic model of CFLK. Because pin-based socket fluorescent lamps and mediumbased socket CFLs in CFLKs are lamp types subject to additional standards, the lamp type of the basic model in the CFLK is necessary to determine which product class the basic model falls into. Additionally, DOE is proposing that manufacturers provide, if applicable, a declaration that each basic model of lamp packaged with the basic model of CFLK was tested by an ILAC accredited laboratory. Lamps identified in 10 CFR 430.25 must be tested by laboratories with these accreditation requirements, and this declaration will allow DOE to verify whether the information provided is consistent with the certifier’s statement of compliance with this requirement. DOE seeks comment on the other proposed amendments to the certification reporting requirements. 3. Reporting Costs and Impacts jbell on DSKJLSW7X2PROD with PROPOSALS e. Rounding Requirements DOE is proposing rounding requirements for the certification reporting requirements proposed in this notice. DOE is proposing that lumen output be rounded to three significant digits; lumen maintenance at 1,000 hours and at 40 percent of lifetime be rounded to the nearest tenth of a percent; and lifetime be rounded to the nearest whole hour. Currently, DOE specifies that any represented value of initial lamp efficacy, system efficacy or luminaire efficacy be rounded to the nearest tenth. DOE is proposing to simplify this to state any represented VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 In this NOPR, DOE proposes to align CFLK certification reporting requirements with the energy conservation standard requirements applicable to CFLKs manufactured on and after January 21, 2020. For CFLKs with sockets for medium screw base lamps, manufacturers currently report two values (i.e., efficacy, wattage), but would report four to nine values (e.g., efficacy, lumen output, test sample size, kind of lamp, a declaration of ILAC accreditation, lumen maintenance at 40 percent of lifetime, lumen maintenance at 1,000 hours, lifetime, units passing rapid cycle stress test), depending on the kind of lamps packaged with the CFLK, if the proposed amendments are adopted. For CFLKs with pin-based sockets for fluorescent lamps, manufacturers currently report three values (i.e., efficacy, wattage, length of lamp) and would report five values (i.e., efficacy, lumen output, test sample size, kind of lamp, and a declaration of ILAC accreditation), if the proposed amendments are adopted. For CFLKs with lamps of other socket types, manufacturers currently report two values (i.e., wattage, number of individual sockets), but would report five values (i.e., efficacy, lumen output, test sample size, kind of lamp, and a declaration of ILAC accreditation), if the proposed amendments are adopted. DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of CFLKs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any measurable change in reporting burden or hours as compared to what CFLK manufacturers are currently doing today. DOE requests comment on the certification reporting costs of the amendments proposed for CFLKs. B. GSILs and IRLs 1. Scope of Applicability This NOPR applies to GSILs and IRLs. DOE defines GSILs as a standard incandescent or halogen type lamp intended for general service applications; has a medium screw base; has a lumen range between 310–2600 lumens or, in the case of a modified spectrum lamp, between 232–1,950 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 43129 lumens; and is capable of being operated at a voltage range at least partially within 110–130 volts. The GSIL definition does not include certain lamp types (see 10 CFR 430.2). 10 CFR 430.2. DOE defines IRLs as any lamp in which light is produced by a filament heated to incandescence by an electric current; contains an inner reflective coating on the outer bulb to direct the light; is not colored; is not designed for rough or vibration service applications; is not an R20 short lamp; has an R, PAR, ER, BR, BPAR,11 or similar bulb shapes with an E26 medium screw base; has a rated voltage or voltage range that lies at least partially in the range of 115–130 volts; has a diameter that exceeds 2.25 inches; and has a rated wattage that is 40 watts or higher. 10 CFR 430.2. 2. Reporting Under the existing requirements in 10 CFR 429.27(b)(2)(ii) for IRLs manufacturers must report: (1) The testing laboratory’s International Laboratory Accreditation Cooperation (‘‘ILAC’’) accreditation body’s identification number or other approved identification assigned by the ILAC accreditation body; (2) production dates of the units tested; (3) the 12-month average lamp efficacy in lumens per watt (lm/W), and (4) lamp wattage (W). EISA 2007 established a CRI requirement for IRLs.12 In the June 2021 NOPR, DOE is proposing to include a test method for determining CRI of IRLs. 86 FR 29888, 29902. To verify whether the information provided is consistent with the certifier’s statement of compliance with standards, DOE is proposing to require the reporting of CRI for IRLs. Additionally, for IRLs DOE is proposing to require the reporting of rated voltage and lamp diameter. Because rated voltage and lamp diameter are used to determine the applicable energy conservation standards for IRLs, collecting this information helps DOE evaluate whether a basic model meets the appropriate energy conservation standard requirements (see 10 CFR 430.32(n)(6)). DOE is proposing to add rated voltage, lamp diameter and CRI for IRLs only for annual filing certification 11 Reflector (‘‘R’’), parabolic aluminized reflector (‘‘PAR’’), elliptical reflector (‘‘ER’’), bulged reflector (‘‘BR’’), bulged parabolic aluminized reflector (‘‘BPAR’’). 12 Section 321(a) of EISA 2007 established CRI requirements for lamps that are intended for a general service or general illumination application (whether incandescent or not); have a medium screw base or any other screw base not defined in ANSI C81.61–2006; are capable of being operated at a voltage at least partially within the range of 110 to 130 volts; and are manufactured or imported after December 31, 2011. E:\FR\FM\06AUP1.SGM 06AUP1 43130 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS reporting and not for the new basic model initial certification reporting. In the June 2021 NOPR, DOE is proposing to remove the requirement of submitting new basic model initial certification reports for IRLs. 86 FR 29888, 29905. Hence, in this NOPR, DOE does not propose to make changes to the initial certification reporting for IRLs. If the proposed removal of initial certification reports for IRLs is not adopted, DOE will add these values to the initial certification reporting requirements. DOE seeks comments on requiring the reporting of CRI to certify compliance with existing energy conservation standard requirements for IRLs. DOE also seeks comment on requiring the reporting of lamp diameter and rated voltage to help determine the applicable energy conservation standard for IRLs. Under the existing requirements in 10 CFR 429.27(b)(2)(iii) for GSILs manufacturers must report: (1) The testing laboratory’s ILAC accreditation body’s identification number or other approved identification assigned by the ILAC accreditation body; (2) production dates of the units tested; (3) the 12month average maximum rate wattage in watts (‘‘W’’); (4) the 12-month average minimum rated lifetime (hours), and (5) the 12-month average CRI. DOE is proposing to also require the reporting of initial lumen output for GSILs because the lamp lumens help DOE evaluate whether a basic model meets the appropriate energy conservation standard requirements (see 10 CFR 430.32(x)). DOE seeks comment on requiring the reporting of initial lumen output to help determine the applicable energy conservation standard for GSILs. 3. Reporting Costs and Impacts In this NOPR, DOE proposes to align IRL certification reporting requirements with the existing energy conservation standard requirements. Additionally, it proposes to include reporting requirements for GSILs and IRLs that will help DOE determine applicable energy conservation standards for these products. For IRLs, manufacturers currently certify four values (i.e., ILAC accreditation, production dates, lamp efficacy, and lamp wattage), but would report seven values with the three additional proposed reporting values (i.e., CRI, lamp diameter, rated voltage), if the proposed amendments are adopted. For GSILs, manufacturers currently report five values (i.e., ILAC accreditation, production dates, wattage, lifetime, and CRI), but would report six values with the one additional proposed reporting value (i.e., lumens), if the proposed amendments are adopted. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 Note that in the June 2021 NOPR, DOE is proposing to remove the reporting of production dates for IRLs and GSILs. 86 FR 29888, 29905. DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of IRLs and GSILs are already submitting certification reports to DOE. Hence, manufacturers should have readily available the information that DOE is proposing to collect as part of this rulemaking because it is necessary to determine applicable energy conservation standards or to meet existing statutory requirements. DOE does not believe the revised reporting requirements will cause any measurable change in reporting burden or hours as compared to what manufacturers of IRLs and GSILs are currently doing today. DOE requests comment on the certification and reporting costs of the amendments proposed for IRLs and GSILs and whether it will result in an increase in reporting burden. C. Ceiling Fans 1. Scope of Applicability The Energy Policy and Conservation Act defines ‘‘ceiling fan’’ as ‘‘a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades.’’ (42 U.S.C. 6291(49)) DOE codified the statutory definition in 10 CFR 430.2. In the July 2016 Final Rule, DOE stated that the test procedure applies to any product meeting this definition, including fans designed for applications where large airflow volume may be needed and highly decorative fans. 81 FR 48620, 48622. DOE stated, however, that the ceiling fan test procedure does not apply to the following fans: belt-driven ceiling fans, centrifugal ceiling fans, oscillating ceiling fans, and ceiling fans whose blades’ plane of rotation cannot be within 45 degrees of horizontal. Id. 2. Reporting Ceiling fan manufacturers must submit certification reports for ceiling fan basic models before they are distributed in commerce. 10 CFR 429.12. The current requirements for certification reports for ceiling fans correspond to the design requirements specified in EPCA. (See 42 U.S.C. 6295(ff)(1)) These requirements are set forth at 10 CFR 429.32(b), which requires reporting of the number of speeds within the ceiling fan controls, and a declaration that the manufacturer has incorporated the applicable design requirements. The current certification requirements do not reflect the amended PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 energy conservation standards adopted in the January 2017 CF ECS final rule or the amended standards for largediameter ceiling fans adopted by Congress in the Energy Act of 2020. 82 FR 6826; 42 U.S.C. 6295(ff)(6)(C)(i), as codified; 86 FR 28469. a. Small-Diameter Ceiling Fan Requirements In the September 2019 NOPR, DOE proposed to update the reporting requirements for ceiling fans to include product-specific information that would be required to certify compliance with the amended energy conservation standards established in January 2017 CF ECS final rule. 84 FR 51440, 51450. DOE did not finalize the proposed requirements from the September 2019 NOPR and is revisiting the certification and rounding requirements in this NOPR with a new proposal. Product-specific information is necessary to determine the product class and minimum allowable ceiling fan efficiency that would be required to certify compliance with current energy conservation standards. For smalldiameter ceiling fans, the product class (i.e., very small-diameter, standard, hugger, high-speed small-diameter) is determined using blade span (in), blade edge thickness (in), airflow (CFM) at high speed, blade revolutions per minute (‘‘RPM’’) at high speed, and the represented distance (in) between the ceiling and the lowest point on the fan blades. Further, identification of whether a small-diameter ceiling fan is a multi-head ceiling fan is necessary to determine applicable standards. Specifically, a multi-head ceiling fans require calculating ceiling fan efficiency differently than other small-diameter ceiling fans by including the airflow and power consumption of all fan heads (see section 4.1.1 of appendix U). Accordingly, DOE proposes to require that certification reports include the following public product-specific information for each ceiling fan basic model: (1) Blade span in inches; (2) ceiling fan efficiency in CFM/W; and (3) a declaration whether the fan is a multihead ceiling fan. For each ceiling fan basic model, DOE also proposes to require additional product-specific information, including: (1) Blade edge thickness (in), airflow (CFM) at high speed, and blade revolutions per minute (‘‘RPM’’) at high speed; and (2) for LSSD ceiling fans, the distance (in) between the ceiling and the lowest point on the fan blades. Manufacturers are already required to determine these values as part of the current test procedure for ceiling fans and would be required to use these E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules values to determine which amended energy conservation standards apply to their basic models. Further, DOE proposes to require reporting of standby power consumption (in watts) for smalldiameter ceiling fans. DOE notes that standby power consumption is already required to be measured in section 3.6 of appendix U and is an input into the calculation of ceiling fan efficiency in section 4 of appendix U. Therefore, DOE determines that the reporting of standby power for these ceiling fans will not result in an increase in reporting burden for manufacturers. b. Large-Diameter Ceiling Fan Requirements The LDCF product class is identified based on blade span (in) only. In addition, consistent with the Energy Act of 2020, LDCFs must now meet two separate standards based on the CFEI metric, with one standard based on operation of the fan at high speed and a second standard based on operation of the fan at 40 percent speed or the nearest speed that is not less than 40 percent speed. (See 42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified) Accordingly, DOE proposes to amend the reporting requirements for LDCFs to require reporting blade span in inches, CFEI for high speed, and CFEI for 40 percent speed or the nearest speed that is not less than 40 percent speed. jbell on DSKJLSW7X2PROD with PROPOSALS c. Rounding Requirements DOE proposes amendments to 10 CFR 429.32 to specify that represented values are to be determined consistent with the test procedures in appendix U and to specify rounding requirements for represented values. DOE proposes that manufacturers round any represented value of ceiling fan efficiency for small diameter ceiling fans, expressed in CFM/W, to the nearest whole number. Additionally, for large diameter fans, DOE proposes to specify that any represented value of CFEI must be rounded to the nearest hundredth of a CFEI. DOE seeks comment on the proposed updated reporting requirements for small-diameter ceiling fans and LDCFs. 3. Reporting Costs and Impacts In this NOPR, DOE proposes to align ceiling fan certification reporting requirements with the energy conservation standard requirements applicable to ceiling fans manufactured on and after January 21, 2020, and with the May 2021 Technical Amendment. For all ceiling fans, manufacturers currently report two fields (i.e., the number of speeds within the ceiling fan VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 controls and a declaration that the manufacturer has incorporated the applicable design requirements). 10 CFR 429.32(b)(2). For small-diameter ceiling fans, manufacturers would be required to additionally report five to eight fields (i.e., blade span, CFM/W, standby power, a declaration whether the fan is a multi-head ceiling fan, blade edge thickness, CFM and RPM at high speed, and the represented distance between the ceiling and the lowest point on the fan blades), if the proposed amendments are adopted. For large-diameter ceiling fans, manufacturers would be required to additionally report three fields (i.e., blade span, CFEI for high speed and 40 percent speed or the nearest speed that is not less than 40 percent speed), if the proposed amendments are adopted. DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of ceiling fans are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. Any added fields are reflective of the product-specific information needed to verify whether the information provided is consistent with the certifier’s statement of compliance with the energy conservation standard requirements applicable to ceiling fans manufactured on and after January 21, 2020, established in January 2017 CF ECS final rule and the Energy Act of 2020. DOE does not believe the revised reporting requirements will cause any measurable change in reporting burden or hours as compared to the current requirements for ceiling fan manufacturers. DOE seeks comment on the certification and reporting costs of the amendments proposed for ceiling fans. D. Consumer Furnaces and Boilers 1. Scope of Applicability EPCA defines the term ‘‘furnace’’ to mean a product which utilizes only single-phase electric current, or singlephase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which: (1) Is designed to be the principal heating source for the living space of a residence; (2) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour; (3) is an electric central furnace, electric boiler, forced-air central furnace, gravity central furnace, or low pressure steam or hot water boiler; and (4) has a heat input rate of less than 300,000 Btu per PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 43131 hour for electric boilers and low pressure steam or hot water boilers and less than 225,000 Btu per hour for forced-air central furnaces, gravity central furnaces, and electric central furnaces. (42 U.S.C. 6291(23)) DOE has codified this definition at 10 CFR 430.2, where it also defines ‘‘electric central furnace,’’ ‘‘electric boiler,’’ ‘‘forced-air central furnace,’’ ‘‘gravity central furnace,’’ and ‘‘low pressure steam or hot water boiler’’. The changes proposed in this section apply to non-weatherized oil-fired furnaces, electric furnaces, and consumer boilers meeting the definitions in 10 CFR 430.2. 2. Reporting Consumer furnace and boiler manufacturers currently must provide the AFUE in percent and the input capacity in British thermal units per hour (‘‘Btu/h’’) in their certification report. In addition, for cast-iron sectional boilers, manufacturers must include the type of ignition system for gas-fired steam and hot water boilers and a declaration of whether certification is based on linear interpolation or testing. For hot water boilers, manufacturers must also include a declaration that the manufacturer has incorporated the applicable design requirements. For multi-position furnaces, the AFUE reported for each basic model must be based on testing in the least-efficient configuration, but manufacturers can optionally report and make representations of additional AFUE values based on testing in other configurations. 10 CFR 429.18(b). DOE proposes to modify some of these requirements and add new requirements to better align with the existing standards and aid in determining which energy conservation standards apply to a given basic model for non-weatherized oil-fired consumer furnaces (including mobile home furnaces), electric consumer furnaces, and consumer boilers. The specific changes are discussed in more detail in the following sections. a. Standby Mode and Off Mode Energy Consumption DOE’s current standby mode and off mode energy consumption standards for non-weatherized oil-fired furnaces (including mobile home furnaces), electric furnaces, and consumer boilers are in terms of PW,SB and PW,OFF (watts). 10 CFR 430.32(e)(1)(iii) and (e)(2)(iii)(B). However, the reporting requirements for consumer furnaces and boilers at 10 CFR 429.18 do not include a requirement to certify the standby mode E:\FR\FM\06AUP1.SGM 06AUP1 43132 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS and off mode energy consumption of non-weatherized oil-fired furnaces (including mobile home furnaces), electric furnaces, or consumer boilers. Therefore, DOE proposes to require that manufacturers report values for PW,SB and PW,OFF in their certification reports for non-weatherized oil-fired furnaces (including mobile home furnaces), electric furnaces, and consumer boilers. Additionally, some manufacturers of consumer furnaces and consumer boilers use identical controls and electrical components across various models and/or product lines with different characteristics (e.g., input capacity) and across AFUE levels. The differences in characteristics may prevent these basic models from being grouped as a single basic model, but because the basic models have identical controls and electrical components affecting standby mode and off mode energy consumption, the standby mode or off mode test result would be expected to be the same for both models. Therefore, DOE proposes that if all electrical components that would impact the standby mode and off mode energy consumption are identical between multiple basic models, manufacturers can optionally test only one of the basic models and use test data from that basic model to rate the standby mode and off mode consumption for other basic models having identical controls and electrical components affecting standby mode and off mode energy consumption. b. Type of Ignition System for Gas-Fired Consumer Boilers The energy conservation standards for consumer boilers specify that for gasfired hot water boilers and gas-fired steam boilers, a constant-burning pilot ignition system is not permitted. 10 CFR 430.32(e)(2)(iii). Currently, manufacturers are required to certify the type of ignition system only for cast iron sectional gas-fired hot water and steam boilers. 10 CFR 429.18(b)(2)(ii). ‘‘Cast iron sectional’’ refers to the construction of the boiler heat exchanger, which is composed of cast iron sections. The energy conservation standards are not limited to only consumer boilers with cast iron sectional heat exchangers, but rather are applicable to all gas-fired hot water boilers and gas-fired steam boilers, including those with heat exchangers made from other materials (e.g., copper, aluminum, stainless steel). Therefore, DOE proposes to modify the reporting requirement for the type of ignition system such that the type of ignition system must be certified for all gas-fired hot water boilers and gas-fired steam boilers. This change would allow VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 DOE to confirm that the manufacturerreported type of ignition system for a given basic model meets the design requirement for all types of gas-fired hot water boilers and gas-fired steam boilers. In addition, 10 CFR 429.18(b)(3) requires that for hot water boilers, the manufacturer include in their certification report a declaration that the manufacturer has incorporated the applicable design requirements. As discussed, the standards for gas-fired steam boilers also include a design requirement that use of a constantburning pilot ignition is not permitted. Therefore, DOE proposes to update the reporting requirements in 10 CFR 429.18(b)(3) to require that manufacturers of gas-fired steam boilers also include a declaration in the certification report that the basic model meets the design requirement criterion. c. Rounding Requirements DOE is proposing rounding requirements for the certification reporting requirements proposed in this notice for standby mode and off mode energy consumption. Specifically, DOE proposes to require that values for standby mode and off mode energy consumption be rounded to the nearest 0.1 watts. In addition, the represented value of AFUE currently must be truncated to one-tenth of a percentage point. 10 CFR 429.18(a)(2)(vii). DOE proposes to modify this requirement to state that AFUE must be rounded to the nearest one-tenth of a percentage point. This change, if adopted, would treat consumer furnaces and boilers in a manner consistent with other types of covered products and equipment, for which represented values are generally required to be rounded rather than truncated. DOE notes that this change could only increase the represented AFUE value, and as such manufacturers would have an option of whether to rerate the AFUE of existing models that would be impacted by this change. 3. Reporting Costs and Impacts In this NOPR, DOE proposes to align consumer furnace and boiler certification reporting requirements with the existing energy conservation standard requirements. For non-weatherized oil-fired consumer furnaces (including mobile home furnaces), electric consumer furnaces, and consumer boilers, the proposed changes, if finalized, would require manufacturers to report two additional values (i.e., PW,SB and PW,OFF) in their annual certification reports. For gas-fired hot water and gas-fired steam boiler models that are not cast-iron PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 sectional boilers, the proposed changes, if finalized, would require additional reporting of the type of ignition system. Manufacturers of consumer furnaces and boilers are currently required to certify various items to DOE, depending on the product class and applicable standards, which can include AFUE, input rate, type of ignition system, and whether applicable design requirements are incorporated. Because manufacturers of these products are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking, DOE does not believe the revised reporting requirements would cause any appreciable change in reporting burden or hours as compared to what consumer furnace and boiler manufacturers do currently. Additionally, because the proposed AFUE rounding requirement would only increase represented AFUE values, manufacturers may choose to maintain current AFUE ratings; therefore, DOE does not expect any cost associated with this proposal. The only product class for which no certification reporting is currently required is electric steam boilers, as there is no AFUE standard or design requirement for this class. However, there are standby mode and off mode standards for electric steam boilers, so the addition of reporting requirements for PW,SB and PW,OFF would require new certification reporting for electric steam boilers, if manufacturers are not already doing so. Costs associated with the proposed updates to reporting requirements are discussed in section IV.C of this document. DOE requests comment on its proposed changes to the reporting requirements for consumer furnaces and boilers, including any cost impacts. E. Grid-Enabled Water Heaters 1. Scope of Applicability As discussed in section I.B.5 of this document, DOE defines a ‘‘grid-enabled water heater’’ at 10 CFR 430.2, consistent with EPCA’s definition at 42 U.S.C. 6295(e)(6)(A)(ii), to mean an electric resistance water heater that has a rated storage tank volume of more than 75 gallons, is manufactured on or after April 16, 2015, is equipped at the point of manufacture with an activation lock, and bears a permanent label applied by the manufacturer that is made of material not adversely affected by water, is attached by means of a nonwater-soluble adhesive, and advises purchasers and end-users of the intended and appropriate use of the E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules product as part of an electric thermal storage or demand response program. jbell on DSKJLSW7X2PROD with PROPOSALS 2. Reporting Currently, for grid-enabled consumer water heater basic models, manufacturers are required to report the uniform energy factor (‘‘UEF’’), the rated storage volume in gallons, the first-hour rating in gallons, the recovery efficiency in percent, a declaration that the model is a grid-enabled water heater, whether it is equipped at the point of manufacture with an activation lock, and whether it bears a permanent label applied by the manufacturer that advises purchasers and end-users of the intended and appropriate use of the product. 10 CFR 429.17(b)(2)(iii). EPCA, as amended, requires manufacturers to report the quantity of grid-enabled water heaters that the manufacturer ships each year and requires DOE to keep the shipment data reported by manufacturers as confidential business information.13 (42 U.S.C. 6295(e)(6)(C)(i)–(iii)) As stated in section I.B.5 of this document, the August 2015 final rule, which established definitions and energy conservation standards for grid-enabled water heaters, did not establish provisions to require the reporting of shipments by manufacturers. 80 FR 48004, 48009–48010 (August 11, 2015). Therefore, DOE is proposing to add reporting requirements to 10 CFR 429.17 that would require manufacturers to report the total number of grid-enabled water heaters shipped each year for sale in the U.S., along with the calendar year that the shipments cover, in accordance with the aforementioned requirement of EPCA. DOE also proposes to clarify that the annual shipments of grid-enabled water heaters reported by manufacturers will be treated as confidential business information by the Department. Because the annual shipments of grid-enabled water heaters would be treated differently than other water heater reporting requirements (i.e., the shipments would be reported on an annual basis rather than ongoing based on model availability; and the reported shipments will be treated as confidential business information), DOE is proposing that the annual shipments be reported separately from the other certification reporting requirements for water heaters in 10 CFR 429.17(b). 13 EPCA also requires that utilities and other demand response and thermal storage program operators report annually the quantity of gridenabled water heaters activated for their programs. (42 U.S.C. 6295(e)(6)(C)(ii)) VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 3. Reporting Costs and Impacts The addition of reporting requirements for annual shipments of grid-enabled consumer water heaters would newly require manufacturers to report this information. DOE discusses reporting cost impacts corresponding to this proposal in section IV.C of this document. DOE requests comment on its proposal to add new reporting requirements for the number of annual shipments of grid-enabled consumer water heaters, and on its proposal that this information be reported separately from the information that is currently required to be reported under 10 CFR 429.17(b). F. Dishwashers 1. Scope of Applicability This NOPR applies to dishwashers, which are cabinet-like appliances which with the aid of water and detergent, wash, rinse, and dries (when a drying process is included) dishware, glassware, eating utensils, and most cooking utensils by chemical, mechanical and/or electrical means and discharge to the plumbing drainage system. 10 CFR 430.2. 2. Reporting Under the existing requirements in 10 CFR 429.19(b), a certification report must include the following public product-specific information: The estimated annual energy use in kilowatt hours per year (kWh/yr) and the water consumption in gallons per cycle. 10 CFR 429.19(b)(2). In addition, a certification report must include the following additional product-specific information: The capacity in number of place settings as specified in ANSI/ AHAM DW–1–2010; presence of a soil sensor (if yes, the number of cycles required to reach calibration); the water inlet temperature used for testing in degrees Fahrenheit (°F); the cycle selected for energy testing and whether that cycle is soil-sensing; the options selected for the energy test; and presence of a built-in water softening system (if yes, the energy use in kilowatt-hours and the water use in gallons required for each regeneration of the water softening system, the number of regeneration cycles per year, and data and calculations used to derive these values). 10 CFR 429.19(b)(3). In conducting testing according to DOE’s test procedure, section 2.10 of appendix C1 specifies using Cascade® with the Grease Fighting Power of Dawn® powder as the detergent formulation, at half the quantity specified according to section 4.1 of the industry standard ANSI/Association of PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 43133 Home Appliance Manufacturers (‘‘AHAM’’) DW–1–2010 (‘‘ANSI/AHAM DW–1–2010’’). During AHAM task group meetings in 2020 to establish an updated version of the industry standard, in which DOE participated, AHAM informed DOE that Cascade® with the Grease Fighting Power of Dawn® has been discontinued and has been replaced with Cascade® Complete. AHAM has updated its industry standard to specify the use of Cascade® Complete for testing.14 Given that the currently specified detergent is no longer available on the market, DOE expects that manufacturers may need to (or have already had to) switch to the new detergent formulation to conduct testing according to appendix C1. DOE seeks to ensure that any assessment or enforcement testing conducted pursuant to 10 CFR 429.104 and 429.110, respectively, would be performed using the same detergent used by the manufacturer for certifying compliance with the applicable energy conservation standard. Therefore, DOE is proposing to require manufacturers to indicate in the certification report whether Cascade® Complete powder was used as the detergent formulation in lieu of Cascade® with the Grease Fighting Power of Dawn®. DOE proposes to add this requirement to the list of additional product-specific information specified at 10 CFR 429.19(b)(3). DOE also proposes to reorganize the requirements specified at 10 CFR 429.19(b)(3) as a numbered list for easier readability. 3. Reporting Costs and Impacts In this NOPR, DOE proposes to add one additional reported value for dishwashers tested using the new detergent formulation that replaces the currently specified detergent formulation. DOE has tentatively determined that the proposed amendment would not impose additional costs for manufacturers because manufacturers of dishwashers are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking (i.e., whether a dishwasher model was tested using Cascade® Complete powder as the detergent formulation in lieu of Cascade® with the Grease Fighting Power of Dawn®). DOE does not believe the revised reporting requirements would cause any measurable change in reporting burden or hours as compared to what 14 See AHAM DW–1–2020 and AHAM DW–2– 2020, available at www.aham.org. E:\FR\FM\06AUP1.SGM 06AUP1 43134 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules dishwasher manufacturers are currently doing today. DOE requests comment on the proposed reporting requirement for dishwashers, including any corresponding certification and reporting costs. G. Commercial Clothes Washers 1. Scope of Applicability This NOPR applies to commercial clothes washers, which means a softmounted front-loading or soft-mounted top-loading clothes washer that: (1) Has a clothes container compartment that for horizontal-axis clothes washers is not more than 3.5 cubic feet, and for vertical-axis clothes washers is not more than 4.0 cubic feet; and (2) is designed for use in applications in which the occupants of more than one household will be using the clothes washer, such as multi-family housing common areas and coin laundries; or other commercial applications. 10 CFR 431.152; 42 U.S.C. 6311(21). jbell on DSKJLSW7X2PROD with PROPOSALS 2. Reporting Under the existing requirements in 10 CFR 429.46(b), a CCW certification report must include the following public information: The modified energy factor (MEFJ2) in cu ft/kWh/cycle and the integrated water factor (IWF) in gal/cu ft/cycle. 10 CFR 429.46(b)(2)(ii). DOE also maintains reporting requirements at 10 CFR 429.46(b)(2)(i) for models tested using Appendix J1, which as of January 1, 2018 is no longer used as the basis for demonstrating compliance with energy conservation standards. In this NOPR, DOE proposes to remove the reporting requirements currently specified at 10 CFR 429.46(b)(2)(i) for models tested using appendix J1. As discussed, appendix J1 is used as the basis for demonstrating compliance with energy conservation standards for CCWs manufactured prior to January 1, 2018. DOE also proposes to update the term ‘‘water factor’’ in 10 CFR 429.46(a)(2)(i) to ‘‘integrated water factor’’ to match the current metric used as the basis for standards.15 In addition, DOE proposes to amend the CCW certification reporting requirements by adding to the list of reported values the clothes container capacity (in cubic feet), the type of loading (top-loading or front-loading), and the corrected RMC value (expressed as a percentage), as discussed in the following sections. DOE also proposes 15 Prior to January 1, 2018, the water efficiency standard for CCWs was defined using the Water Factor metric. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 rounding instructions for each newly reported value. a. Clothes Container Capacity DOE’s definition of ‘‘commercial clothes washer’’ at 10 CFR 431.152, which is consistent with the EPCA definition (see 42 U.S.C. 6311(21)), incorporates clothes container capacity, among other characteristics. Specifically, equipment meeting the definition of CCW has a clothes container compartment that for horizontal-axis clothes washers is not more than 3.5 cubic feet, and for vertical-axis clothes washers is not more than 4.0 cubic feet (among other criteria). 10 CFR 431.152. Clothes container capacity is also a key parameter in the calculation of MEFJ2 and IWF, in that capacity is used to represent the per-cycle energy and water use on per-cubic-foot of capacity basis. To verify whether the information provided is consistent with the certifier’s statement of compliance with standards, DOE is proposing to amend 10 CFR 429.46(b)(2) to add clothes container capacity (in cubic feet) to the information required to be included in the certification report. DOE also proposes accompanying sampling provisions for determining the reported values for capacity. Specifically, DOE proposes to add new section 10 CFR 429.46(a)(3), which would specify that the reported capacity of a basic model shall be the mean of the measured clothes container capacity, C, of all tested units of the basic model. This new section would parallel the existing requirement for RCWs in 10 CFR 429.20(a)(3). b Axis of Loading DOE has established equipment classes for CCWs defined by axis of loading (i.e., top-loading and frontloading). Separate energy conservation standards apply to each class. 10 CFR 431.156. As such, the axis of loading is integral in determining the energy conservation standard that applies to each basic model. DOE is proposing to amend 10 CFR 429.46(b)(2) to add the type of loading (top-loading or frontloading) to the information required to be included in the certification report. content (‘‘RMC’’): 16 The procedure for determining RMC will be performed once in its entirety for each unit tested. The measured RMC value of a tested unit will be considered the tested unit’s final RMC value if the measured RMC value is within two RMC percentage points of the certified RMC value of the basic model (expressed as a percentage) or is lower than the certified RMC value. 10 CFR 429.134(c)(1)(i). If the measured RMC value of a tested unit is more than two RMC percentage points higher than the certified RMC value of the basic model, DOE will perform two additional replications of the RMC measurement procedure, for a total of three independent RMC measurements of the tested unit. The average of the three RMC measurements will be the tested unit’s final RMC value and will be used as the basis for the calculation of percycle energy consumption for removal of moisture from the test load for that unit. 10 CFR 429.134(c)(1)(ii). The application of this productspecific enforcement provision for clothes washers requires a certified value of ‘‘corrected’’ RMC 17 for each basic model. Therefore, DOE is proposing to amend 10 CFR 429.46(b)(2) to add the corrected RMC value (expressed as a percentage) to the information required to be included in the certification report. DOE also proposes accompanying sampling provisions for determining the reported values for corrected RMC. Specifically, DOE proposes to add new section 10 CFR 429.46(a)(4), which would specify that the reported value of corrected RMC of a basic model shall be the mean of the final RMC value measured for all tested units of the basic model. This new section would parallel the existing requirements for RCWs in 10 CFR 429.20(a)(4). d. Rounding Instructions c. Remaining Moisture Content DOE proposes to specify at new section 10 CFR 429.46(c) that clothes container capacity must be rounded to the nearest 0.1 cubic feet (‘‘cu ft’’), and that corrected RMC must be rounded to the nearest 0.1 percentage point. These rounding instructions would be consistent with the existing rounding instructions for RCWs specified at 10 CFR 429.20(c). DOE specifies product-specific enforcement provisions for ‘‘clothes washers’’, which includes both RCWs and CCWs. 10 CFR 429.134(c). Specifically, 10 CFR 429.134(c)(1) specifies provisions for the determination of remaining moisture 16 The RMC measurement is used to determine the per-cycle energy consumption for removal of moisture from the test load; i.e., the ‘‘drying energy’’ portion of the MEFJ2 calculation. 17 ‘‘Corrected’’ RMC refers to the final RMC value obtained in appendix J2 after applying specified correction factors (based on the lot of test cloth used for testing) to the ‘‘uncorrected’’ RMC value. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 3. Reporting Costs and Impacts In this NOPR, DOE proposes to add three additional reported values for CCWs (i.e., the clothes container capacity, the type of loading, and the corrected RMC value). Currently, manufacturers report two values, as described in the previous section. DOE has tentatively determined that the proposed amendment would not impose additional costs for manufacturers because manufacturers of CCWs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. In particular, the clothes container capacity and corrected RMC values are already measured as part of the test procedure and are required for calculating the MEFJ2 metric. DOE does not believe the revised reporting requirements would cause any measurable change in reporting burden or hours as compared to what CCW manufacturers are currently doing today. DOE seeks comment on its proposal to change the reporting requirements, specify rounding instructions, and specify sampling provisions for certain reported values for CCWs, including any corresponding certification and reporting costs. H. Battery Chargers jbell on DSKJLSW7X2PROD with PROPOSALS 1. Scope of Applicability This NOPR applies to battery chargers, which means a device that charges batteries for consumer products, including battery chargers embedded in other consumer products. 10 CFR 430.2. 2. Reporting Under the existing requirements in 10 CFR 429.39(b), a certification report must include the following public product-specific information for all battery chargers other than uninterruptable power supplies: Nameplate battery voltage of the test battery in volts (V), nameplate battery charge capacity of the test battery in ampere-hours (Ah), nameplate battery energy capacity of the test battery in watt-hours (Wh), maintenance mode power (Pm), standby mode power (Psb), off mode power (Poff), battery discharge energy (Ebatt), 24-hour energy consumption (E24), duration of the charge and maintenance mode test (tcd), and unit energy consumption (UEC). 10 CFR 429.39(b)(2). In addition, a certification report must include the following additional product-specific information for all battery chargers other than uninterruptible power supplies: The VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 43135 manufacturer and model of the test battery, and the manufacturer and model, when applicable, of the external power supply. 10 CFR 429.39(b)(3). Certification reports must also include the following product-specific information for all uninterruptible power supplies: Supported input dependency mode(s); active power in watts (W); apparent power in voltamperes (VA); rated input and output voltages in volts (V); efficiencies at 25 percent, 50 percent, 75 percent and 100 percent of the reference test load; and average load adjusted efficiency of the lowest and highest input dependency modes. 10 CFR 429.39(b)(4). DOE notes that 10 CFR 429.12(a) states that basic models of covered products require annual filings on or before the dates provided in 10 CFR 429.12(d) but paragraph (d) does not specifically list an annual filing date for battery chargers. In light of this omission, DOE proposes to explicitly specify in 10 CFR 429.12(d) that battery chargers be recertified annually on or before September 1. 2. Reporting Under the existing requirements in 10 CFR 429.59(b)(2)(iv) and (b)(3)(iv), there are requirements for certification reports for DPPPs subject to the test methods prescribed in § 431.464(b). However, in 10 CFR 429.12, certification is only required for covered equipment subject to an applicable energy conservation standard, and certain DPPPs that are subject to the test method, specifically waterfall pumps and polyphase selfpriming pool filter pumps, are not subject to an energy conservation standard. Therefore, in this NOPR, DOE proposes to clarify the reporting requirements by removing the language in 10 CFR 429.59(b)(2)(iv) and (b)(3)(iv) that references the test method (as well as a reference to waterfall pumps). In addition, DOE would amend the same provisions to specify that they do not apply to integral cartridge-filter and sand filter pool pumps. Rather, because those pumps are subject to design requirements, they have separate reporting requirements in 10 CFR 429.59(b)(2)(v). 3. Reporting Costs and Impacts 3. Reporting Costs and Impacts In this NOPR, DOE proposes to clarify the existing certification requirements for DPPPs. Therefore, DOE has tentatively determined that the proposed amendment would not impose additional costs or burden for manufacturers. DOE requests comment on its proposal to clarify the certification requirement for certain models of DPPPs. In this NOPR, DOE proposes no changes to the reported information required for battery chargers. DOE only proposes to specify the annual date by which manufacturers must submit annual certification filings to DOE. DOE has tentatively determined that the proposed amendment would not impose additional costs for manufacturers because manufacturers of battery chargers are already submitting certification reports to DOE. DOE does not believe the revised reporting requirements would cause any measurable change in reporting burden or hours as compared to what battery charger manufacturers are currently doing today. DOE requests comment on the proposed annual filing date for battery chargers and any corresponding certification and reporting costs. I. Dedicated-Purpose Pool Pumps 1. Scope of Applicability This NOPR applies to DPPPs, which comprises self-priming pool filter pumps, non-self-priming pool filter pumps, waterfall pumps, pressure cleaner booster pumps, integral sandfilter pool pumps, integral-cartridge filter pool pumps, storable electric spa pumps, and rigid electric spa pumps. 10 CFR 431.462. In the August 2017 Final Rule, DOE adopted certification and reporting requirements for DPPPs. 82 FR 36858, 36908. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 J. Draft Certification Templates for Review To help interested parties better understand and review the proposed amendments discussed in the earlier sections of this NOPR, DOE has developed a draft document that includes example tables showing the certification report template inputs as would be required in accordance with the proposals in this NOPR, if finalized.18 (The draft reporting template requirements will be made available in docket number EERE–2012– BT–STD–0045, available at https:// www.regulations.gov, upon publication of this NOPR.) The draft tables also include the data entry requirements for each field in the certification report input table. The draft certification table headers are not reflective of the final 18 The draft document does not include battery chargers or DPPPs, as DOE is not proposing any amendments to the reporting requirements for those products, as discussed in sections III.H and III.I of this document. E:\FR\FM\06AUP1.SGM 06AUP1 43136 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules certification regulations that may be adopted by a subsequent final rule, nor do they represent the entirety of the information required in a certification report. Upon completion of this rulemaking, DOE will revise the reporting templates to reflect the final certification regulations once DOE has received approval from the Office of Management and Budget (OMB) to collect the revised information. The specific templates that should be used for certifying compliance of covered products and equipment to DOE are available for download at https:// www.regulations.doe.gov/ccms/ templates. IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 OMB has determined that this rulemaking does not constitute a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review,’’ 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not subject to review under the Executive order by the Office of Information and Regulatory Affairs (‘‘OIRA’’) at OMB. jbell on DSKJLSW7X2PROD with PROPOSALS B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (‘‘IRFA’’) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel’s website: (https://energy.gov/ gc/office-general-counsel). DOE has tentatively concluded that the removal of outdated reporting requirements and the addition of new reporting requirements as proposed in this NOPR would not impose additional costs for manufacturers of CFLKs, GSILs, and IRLs, ceiling fans, consumer furnaces and boilers (except electric steam boilers), dishwashers, CCWs, battery chargers, and DPPPs for the reasons discussed in section III of this VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 document. For these products and equipment, DOE has tentatively determined that the proposed amendments would not impose additional costs for manufacturers because manufacturers are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking, and for DPPPs, the proposed amendments clarify the existing reporting requirements. Consequently, for these types of covered products and equipment, the changes proposed in this NOPR would not be expected to have a significant economic impact on related entities regardless of size. However, for electric steam boilers, no certification is currently required. This proposal would amend 10 CFR 429.18 to include a requirement to certify the standby mode and off mode energy consumption for electric steam boilers. This amendment aligns the certification requirements with the existing energy conservation standard requirements. 10 CFR 430.32(e)(1)(iii) and (e)(2)(iii)(B). For electric steam boiler manufacturers that are not already certifying, there could be additional paperwork costs. Likewise, for grid-enabled water heaters, this proposal would add reporting requirements to align with the requirements of EPCA. EPCA, as amended, requires manufacturers to report the quantity of grid-enabled water heaters that the manufacturer ships each year and requires DOE to keep the shipment data reported by manufacturers as confidential business information. (42 U.S.C. 6295(e)(6)(C)(i)– (iii)) Therefore, grid-enabled water heater manufacturers would incur additional paperwork costs. The Small Business Administration (‘‘SBA’’) considers a business entity to be a small business, if, together with its affiliates, it employs less than a threshold number of workers specified in 13 CFR part 121. The size standards and codes are established by the 2017 North American Industry Classification System (‘‘NAICS’’). Electric steam boiler manufacturers are classified under NAICS code 333414, ‘‘Heating Equipment (except Warm Air Furnaces) Manufacturing.’’ The SBA sets a threshold of 500 employees or fewer for an entity to be considered as a small business in this category. DOE used available public information to identify potential small manufacturers. DOE accessed the Compliance Certification Database 19 19 U.S. Department of Energy Compliance Certification Management System (Available at: https://www.regulations.doe.gov/ccms). PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 and reviewed manufacturer literature to create a list of companies that import or otherwise manufacture the electric steam boilers covered by this proposal. Using these sources, DOE identified four manufacturers of electric steam boilers. All four manufacturers are small businesses. DOE estimates that the increased certification burden would result in 35 hours per manufacturer to develop the required certification reports. Therefore, based on a fully burdened labor rate of $100 per hour, the estimated total annual cost to manufacturers would be $3,500 per manufacturer.20 Using available public information, DOE estimated the annual revenue for all four small businesses that manufacture electric steam boilers. The small business with the least annual revenue has an annual revenue of approximately $5.4 million. Therefore, this additional certification cost of $3,500 per manufacturer represents significantly less than 1 percent of each identified manufacturer’s annual revenue. Grid-enabled water heater manufacturers are classified under NAICS code 335220, ‘‘Major Household Appliance Manufacturing.’’ The SBA sets a threshold of 1,500 employees or fewer for an entity to be considered as a small business in this category. DOE used available public information to identify potential small manufacturers. DOE accessed the Compliance Certification Database 21 and the certified product directory of the Air Conditioning, Heating and Refrigeration Institute 22 (‘‘AHRI’’), and the Department also reviewed manufacturer literature. These actions allowed DOE to create a list of companies that import or otherwise manufacture the grid-enabled water heaters. Using these sources, DOE identified five manufacturers of gridenabled water heaters. The five manufacturers exceed the SBA threshold to be considered a small business. Thus, DOE did not identify any small business manufacturers of grid-enabled water heaters. DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. On the basis of the foregoing, DOE 20 The estimates of 35 hours per response and $100 per hour fully burdened labor rate are based on the collection of information estimates for consumer products and commercial/industrial equipment subject to energy or water conservation standards. See 82 FR 57240 (Dec. 4, 2017). 21 U.S. Department of Energy Compliance Certification Management System (Available at: https://www.regulations.doe.gov/ccms). 22 AHRI Directory of Certified Product Performance (Available at: https:// www.ahridirectory.org/Search/SearchHome). E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules initially concludes that the impacts of the amendments to DOE’s certification regulations proposed in this NOPR would not have a ‘‘significant economic impact on a substantial number of small entities.’’ Accordingly, DOE has not prepared an IRFA for this NOPR. DOE will transmit this certification of no significant impact on a substantial number of small entities and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). C. Review Under the Paperwork Reduction Act of 1995 Manufacturers of CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers (except for electric steam boilers), consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs must certify to DOE that their products or equipment comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products or equipment according to the DOE test procedures, including any amendments adopted for those test procedures. DOE’s current reporting requirements are approved under OMB Control Number 1910–1400. 1. Description of the Requirements DOE is proposing to amend the reporting requirements for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs. DOE will send a revised information collection approval to OMB under the existing Control Number 1910–1400. The revisions will just reflect the changes proposed in this rulemaking as an amendment to the existing information collection. jbell on DSKJLSW7X2PROD with PROPOSALS 2. Method of Collection DOE is proposing that respondents must submit electronic forms using DOE’s online Compliance Certification Management System (‘‘CCMS’’). DOE’s CCMS is publicly accessible at https:// www.regulations.doe.gov/ccms/, and includes instructions for users, registration forms, and the productspecific reporting templates required for use when submitting information to CCMS. 3. Data The following are DOE estimates of the total annual reporting and recordkeeping burden imposed on manufacturers of CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 and DPPPs subject to the amended certification reporting requirements proposed in this proposed rule. These estimates take into account the time necessary to develop any additional testing documentation, maintain any additional documentation supporting the development of the certified rating for each basic model, complete any additional certification, and submit any additional required documents to DOE electronically. DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers of CFLKs, GSILs, IRLs, ceiling fans, dishwashers, CCWs, battery chargers, most consumer furnaces and boilers, and most consumer water heaters, because manufacturers of these products or equipment are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE has also tentatively determined that these proposed amendments would not impose additional costs for manufacturers of DPPPs because the proposals only clarify the existing certification requirements. DOE’s proposed amendments for the reporting requirements for electric steam boilers would require new certification reporting for electric steam boilers manufacturers and importers. DOE estimates there are four manufacturers of electric steam boilers that would have to submit annual certification reports to DOE for those products based on the proposed reporting requirements. The following section estimates the burden for these four electric steam boiler manufacturers. OMB Control Number: 1910–1400. Form Number: DOE F 220.7. Type of Review: Regular submission. Affected Public: Domestic manufacturers and importers of electric steam boilers covered by this rulemaking. Estimated Number of Respondents: 4. Estimated Time per Response: Certification reports, 35 hours. Estimated Total Annual Burden Hours: 140. Estimated Total Annual Cost to the Manufacturers: $14,000 in recordkeeping/reporting costs. For grid-enabled consumer water heaters, DOE is proposing to add reporting requirements to 10 CFR 429.17 that would require manufacturers and importers to report the total number of grid-enabled water heaters shipped each year in accordance with the requirement in EPCA. The following are DOE estimates of the total annual reporting and recordkeeping burden imposed on PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 43137 manufacturers of grid-enabled consumer water heaters subject to the proposed reporting provisions in this NOPR. These estimates take into account the time necessary to develop testing documentation, maintain all the documentation supporting the development of the certified rating for each basic model, complete the certification, and submit all required documents to DOE electronically. OMB Control Number: 1910–1400. Form Number: DOE F 220.92. Type of Review: Regular submission. Affected Public: Manufacturers and importers of grid-enabled consumer water heaters covered by this rulemaking. Estimated Number of Respondents: 5. Estimated Time per Response: Certification reports, 35 hours. Estimated Total Annual Burden Hours: 175. Estimated Total Annual Cost to the Manufacturers: $17,500 in recordkeeping/reporting costs. 4. Conclusion DOE has tentatively concluded that the removal of outdated reporting requirements and the addition of reporting requirements as proposed in this NOPR would not impose additional costs for CFLK, GSIL, IRL, CF, dishwasher, CCW, battery charger, DPPP, most consumer water heater, and most consumer furnace and boiler manufacturers (see sections III.A.3, III.B.3, III.C.3, III.D.3, III.E, III.F.3,III.G.3, and III.H.3 of this document for a more complete discussion). Furthermore, DOE has tentatively concluded that there are four electric steam boiler manufacturers and five consumer water heater manufacturers that would have to submit new annual certification reports to DOE for those products. For all other manufacturers of covered products or equipment described in this NOPR, the public reporting burden for certification remains unchanged. Public comment is sought regarding: (1) Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (2) the accuracy of the burden estimate; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to the email address listed in the ADDRESSES section E:\FR\FM\06AUP1.SGM 06AUP1 43138 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules and to the OMB Desk Officer by email to Sofie.E.Miller@omb.eop.gov. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (PRA), unless that collection of information displays a currently valid OMB Control Number. jbell on DSKJLSW7X2PROD with PROPOSALS D. Review Under the National Environmental Policy Act of 1969 DOE is analyzing this proposed regulation in accordance with the National Environmental Policy Act of 1969 (‘‘NEPA’’) and DOE’s NEPA implementing regulations (10 CFR part 1021). DOE’s regulations include a categorical exclusion for rulemakings interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. 10 CFR part 1021, subpart D, appendix A5. DOE anticipates that this rulemaking qualifies for categorical exclusion A5 because it is a rulemaking that does not change the environmental effect of the current rule and otherwise meets the requirements for application of a categorical exclusion. See 10 CFR 1021.410. DOE will complete its NEPA review before issuing the final rule. E. Review Under Executive Order 13132 Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (August 10, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this proposed rule and has tentatively determined that it would not have a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 energy conservation for the products and equipment that are the subject of this proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297; 42 U.S.C. 6316(a) and (b)(2)(D)) Therefore, no further action is required by Executive Order 13132. F. Review Under Executive Order 12988 Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ‘‘Civil Justice Reform,’’ 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. Regarding the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met, or whether it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this proposed rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (‘‘UMRA’’) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104–4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed ‘‘significant intergovernmental mandate,’’ and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820 (also available at https://energy.gov/gc/ office-general-counsel). DOE examined this proposed rule according to UMRA and its statement of policy and determined that the proposed rule contains neither a Federal intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the analytical requirements of UMRA do not apply. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105–277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This proposed rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under Executive Order 12630 Pursuant to Executive Order 12630, ‘‘Governmental Actions and Interference with Constitutionally Protected Property Rights,’’ 53 FR 8859 (March 18, 1988), DOE has determined that this proposed rule would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under information quality E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules guidelines established by each agency pursuant to general guidelines issued by OMB. OMB’s guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE’s guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M–19–15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at: https://www.energy.gov/sites/prod/files/ 2019/12/f70/DOE%20Final %20Updated%20IQA%20Guidelines %20Dec%202019.pdf. DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. jbell on DSKJLSW7X2PROD with PROPOSALS K. Review Under Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OIRA at OMB, a Statement of Energy Effects for any proposed significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This proposed regulatory action to amend the certification provisions for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 Under section 301 of the Department of Energy Organization Act (Pub. L. 95– 91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; ‘‘FEAA’’) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (‘‘FTC’’) concerning the impact of the commercial or industry standards on competition. The proposed modifications to the certification reporting requirements for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs do not incorporate testing methods contained in any commercial standards. M. Materials Incorporated by Reference The Director of the Federal Register previously approved the following standards from the Association of Home Appliance Manufacturers (‘‘AHAM’’) and the American National Standards Institute (ANSI) for incorporation by reference into §§ 429.19 and 429.59: ANSI/AHAM DW–1–2010, ‘‘Household Electric Dishwashers’’, and NSF International (NSF)/ANSI 50–2015, ‘‘Equipment For Swimming Pools, Spas, Hot Tubs and Other Recreational Water Facilities,’’ Annex C—‘‘Test methods for the evaluation of centrifugal pumps,’’ Section C.3, ‘‘self-priming capability.’’ V. Public Participation A. Submission of Comments DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this proposed rule. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this document. Submitting comments via https:// www.regulations.gov. The https:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 43139 viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. If these directions are followed, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to https:// www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (‘‘CBI’’)). Comments submitted through https:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through https://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that https:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email. Comments and documents submitted via email also will be posted to https:// www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. With this instruction followed, the cover letter will not be publicly viewable as long as it does not include any comments. E:\FR\FM\06AUP1.SGM 06AUP1 43140 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS Include contact information each time you submit comments, data, documents, and other information to DOE. No telefacsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English, and free of any defects or viruses. Documents should not contain special characters or any form of encryption, and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two well-marked copies: One copy of the document marked ‘‘confidential’’ including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). B. Issues on Which DOE Seeks Comment Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues: (1) DOE seeks comment on whether CFLKs are still being distributed in commerce and manufactured prior to January 21, 2020, and, therefore, DOE should retain compliance requirements for these standards. (2) DOE seeks comments on requiring the reporting of lumen output and efficacy to certify compliance to January 21, 2020 standards. (3) DOE seeks comment on reporting lumen maintenance at 1,000 hours and at 40 percent of lifetime, lifetime, and the rapid cycle stress test results for medium screw base CFLs in CFLKs. VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 DOE seeks comment on allowing estimates for lumen maintenance at 40 percent of lifetime, lifetime, and the rapid cycle stress test result. (4) DOE seeks comment on requiring a declaration that pin-based fluorescent lamps in CFLKs have an electronic ballast. DOE also seeks comment on requiring a declaration that CFLKs are packaged with lamps sufficient to fill all sockets. (5) DOE seeks comment on the other proposed amendments to the CFLK reporting requirements. (6) DOE requests comment on the certification reporting costs of the amendments proposed for CFLKs. (7) DOE seeks comments on requiring the reporting of CRI to certify compliance with existing energy conservation standard requirements for IRLs. DOE also seeks comment on requiring the reporting of lamp diameter and rated voltage to help determine the applicable energy conservation standard for IRLs. (8) DOE seeks comment on requiring the reporting of initial lumen output to help determine the applicable energy conservation standard for GSILs. (9) DOE requests comment on the certification and reporting costs of the amendments proposed for IRLs and GSILs and whether it will result in an increase in reporting burden. (10) DOE seeks comment on the proposed updated reporting requirements for small-diameter ceiling fans and LDCFs. (11) DOE seeks comment on the certification and reporting costs of the amendments proposed for ceiling fans. (12) DOE seeks comment on its proposed changes to the reporting requirements for consumer furnaces and boilers, including any cost impacts. (13) DOE seeks comment on its proposal to add new reporting requirements for the number of shipments of grid-enabled consumer water heaters, and on its proposal that this information be reported separately from the information that is currently required to be reported under 10 CFR 429.17(b). (14) DOE requests comment on the proposed reporting requirement for dishwashers, including any corresponding certification and reporting costs. (15) DOE seeks comment on its proposal to change the reporting requirements, specify rounding instructions, and specify sampling provisions for certain reported values for CCWs, including any corresponding certification and reporting costs. (16) DOE requests comment on the proposed annual filing date for battery PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 chargers and any corresponding certification and reporting costs. (17) DOE requests comment on its proposal to clarify the certification requirement for certain models of DPPPs. VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this proposed rule. List of Subjects in 10 CFR Part 429 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Small businesses. Signing Authority This document of the Department of Energy was signed on July 17, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the 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 July 19, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. For the reasons stated in the preamble, DOE proposes to amend part 429 of title 10 of the Code of Federal Regulations as set forth below: PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 429 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 2461 note. 2. Section 429.12 is amended by revising paragraph (d) to read as follows: ■ E:\FR\FM\06AUP1.SGM 06AUP1 43141 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules § 429.12 General requirements applicable to certification reports. * * * * (d) Annual filing. All data required by paragraphs (a) through (c) of this section shall be submitted to DOE annually, on or before the following dates: * TABLE 1 TO PARAGRAPH (d) Deadline for data submission Product category (1) Portable air conditioners ............................................................................................................................................................. (2) Fluorescent lamp ballasts; Compact fluorescent lamps; General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps; Candelabra base incandescent lamps and intermediate base incandescent lamps; Ceiling fans; Ceiling fan light kits; Showerheads; Faucets; Water closets; and Urinals. (3) Water heaters; Consumer furnaces; Pool heaters; Commercial water heating equipment; Commercial packaged boilers; Commercial warm air furnaces; Commercial unit heaters; and Furnace fans. (4) Dishwashers; Commercial pre-rinse spray valves; Illuminated exit signs; Traffic signal modules and pedestrian modules; and Distribution transformers. (5) Room air conditioners; Central air conditioners and central air conditioning heat pumps; and Commercial heating, ventilating, air conditioning (HVAC) equipment. (6) Consumer refrigerators, refrigerator-freezers, and freezers; Commercial refrigerators, freezers, and refrigerator-freezers; Automatic commercial ice makers; Refrigerated bottled or canned beverage vending machines; Walk-in coolers and walk-in freezers; and Consumer miscellaneous refrigeration products. (7) Torchieres; Dehumidifiers; Metal halide lamp ballasts and fixtures; External power supplies; Pumps; and Battery chargers (8) Residential clothes washers; Residential clothes dryers; Direct heating equipment; Cooking products; and Commercial clothes washers. * * * * * 3. Section 429.17 is amended by adding paragraph (c) to read as follows: ■ § 429.17 Water heaters. * * * * (c) Reporting of annual shipments for grid-enabled water heaters. Pursuant to 42 U.S.C. 6295(e)(6)(C)(i), manufacturers of grid-enabled water heaters must report the total number of grid-enabled water heater units shipped for sale in the U.S. by the manufacturer for the previous calendar year (i.e., January 1st through December 31st), as well as the calendar year that the shipments cover, starting on or before May 1, 2022 and annually on or before May 1 each year thereafter. This information shall be reported separately from the certification report required under paragraph (b)(2) of this section and must be submitted to DOE in accordance with the submission procedures set forth in § 429.12(h). DOE will consider the annual reported shipments to be confidential business information without the need for the manufacturer to request confidential treatment of the information pursuant to § 429.7(c). ■ 4. Section 429.18 is amended by revising the section heading and paragraphs (a)(2)(vii) and (b)(2) and (3) to read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS * § 429.18 Consumer furnaces. (a) * * * (2) * * * (vii) The represented value of annual fuel utilization efficiency must be rounded to the nearest one-tenth of a percentage point. The represented values of standby mode power and off VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 mode power must be rounded to the nearest one-tenth of a watt. (b) * * * (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) Consumer furnaces and boilers: The annual fuel utilization efficiency (AFUE) in percent (%) and the input capacity in British thermal units per hour (Btu/h). (ii) For gas-fired hot water and gasfired steam boilers: The type of ignition system. (iii) For non-weatherized oil-fired furnaces (including mobile home furnaces), electric furnaces, and boilers: The standby mode power consumption (PW,SB) and off mode power consumption (PW,OFF) in watts. (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: (i) For cast-iron sectional boilers: A declaration of whether certification is based on linear interpolation or testing. (ii) For hot water boilers and gas-fired steam boilers: A declaration that the manufacturer has incorporated the applicable design requirements. * * * * * ■ 5. Section 429.19 is amended by revising paragraph (b)(3) to read as follows: § 429.19 Dishwashers. * * * * * (b) * * * (3) Pursuant to § 429.12(b)(13), a certification report shall include the PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 February 1. March 1. May 1. June 1. July 1. August 1. September 1. October 1. following additional product-specific information— (i) The capacity in number of place settings as specified in ANSI/AHAM DW–1–2010 (incorporated by reference, see § 429.4); (ii) Presence of a soil sensor (if yes, the number of cycles required to reach calibration); (iii) The water inlet temperature used for testing in degrees Fahrenheit (°F); (iv) The cycle selected for energy testing and whether that cycle is soilsensing; (v) The options selected for the energy test; (vi) Presence of a built-in water softening system (if yes, the energy use in kilowatt-hours and the water use in gallons required for each regeneration of the water softening system, the number of regeneration cycles per year, and data and calculations used to derive these values); and (vii) Indication of whether Cascade® Complete powder was used as the detergent formulation in lieu of Cascade® with the Grease Fighting Power of Dawn® powder. ■ 6. Section 429.27 is amended by revising paragraphs (b)(2)(ii) and (iii) to read as follows: § 429.27 General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps. * * * * * (b) * * * (2) * * * (ii) Incandescent reflector lamps: The testing laboratory’s International Laboratory Accreditation Cooperation (ILAC) accreditation body’s E:\FR\FM\06AUP1.SGM 06AUP1 43142 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules identification number or other approved identification assigned by the ILAC accreditation body, production dates of the units tested, the 12-month average lamp efficacy in lumens per watt (lm/ W), lamp wattage (W), rated voltage (V), diameter in inches, and CRI. (iii) General service incandescent lamps: The testing laboratory’s ILAC accreditation body’s identification number or other approved identification assigned by the ILAC accreditation body, production dates of the units tested, the 12-month average maximum rate wattage in watts (W), the 12-month average minimum rated lifetime (hours), and the 12-month average CRI, and initial lumen output in lumens (lm). * * * * * ■ 7. Section 429.32 is amended by: ■ a. Revising paragraph (b); and ■ b. Adding paragraph (c). The revision and addition read as follows: § 429.32 Ceiling fans. jbell on DSKJLSW7X2PROD with PROPOSALS * * * * * (b) Certification reports. (1) The requirements of § 429.12 are applicable to ceiling fans; and (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) For all ceiling fans: Blade span (in), the number of speeds within the ceiling fan controls, and a declaration that the manufacturer has incorporated the applicable design requirements. (ii) For small-diameter ceiling fans: A declaration whether the ceiling fan is a multi-head ceiling fan, and the ceiling fan efficiency (cubic feet per minute per watt (CFM/W)). (iii) For large-diameter ceiling fans: Ceiling fan energy index (CFEI) for high speed and 40 percent speed or the nearest speed that is not less than 40 percent speed. (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: (i) For small-diameter ceiling fans: Standby power, blade edge thickness (in), airflow (CFM) at high speed, and blade revolutions per minute (RPM) at high speed. (ii) For low-speed small-diameter ceiling fans: The distance (in) between the ceiling and the lowest point on the fan blades (in both hugger and standard configurations for multi-mount fans). (c) Rounding requirements. Any represented value of ceiling fan efficiency, as described in paragraph (a)(2)(i) of this section must be expressed in cubic feet per minute per watt (CFM/W) and rounded to the VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 nearest whole number. Any represented value of ceiling fan energy index, as described in paragraph (a)(2)(i) of this section must be expressed in CFEI and rounded to the nearest hundredth of a CFEI. ■ 8. Section 429.33 is amended by revising paragraphs (b) and (c) to read as follows: § 429.33 Ceiling fan light kits. * * * * * (b) Certification reports. (1) The requirements of § 429.12 are applicable to ceiling fan light kits (CFLKs); and (2) Pursuant to § 429.12(b)(13), a certification report shall include the following product-specific information: (i) A declaration that the CFLK is packaged with lamps sufficient to fill all of the lamp sockets; (ii) For each basic model of lamp and/ or each basic model of integrated solid state lighting (SSL) circuitry packaged with the ceiling fan light kit, the brand, basic model number, test sample size, kind of lamp (i.e., general service fluorescent lamp [GSFL]; fluorescent lamp with a pin base that is not a GSFL; compact fluorescent lamp [CFL] with a medium screw base; CFL with a base that is not medium screw base [e.g., candelabra base]; other fluorescent lamp [not GSFL or CFL]; general service incandescent lamp [GSIL]; candelabra base incandescent lamp; intermediate base incandescent lamp; incandescent reflector lamp; other incandescent lamp [not GSIL, IRL, candelabra base or intermediate base incandescent lamp], integrated LED lamp; integrated SSL circuitry; other SSL products [not integrated LED lamp]; other lamp not mentioned), lumen output in lumens, efficacy in lumens per watt (lm/W), and a declaration that, where applicable, the lamp basic model was tested by a laboratory accredited as required under § 430.25; (iii) For each lamp basic model identified in paragraph (b)(2)(ii) of this section that is a compact fluorescent lamp with a medium screw base, the lumen maintenance at 40 percent of lifetime in percent (%) (and whether value is estimated), the lumen maintenance at 1,000 hours in percent (%), the lifetime in hours (h) (and whether value is estimated), and the sample size for rapid cycle stress testing and results in number of units passed (and whether the value is estimated). Estimates of lifetime, lumen maintenance at 40 percent of lifetime, and rapid cycle stress test surviving units may be reported until testing is complete. Manufacturers are required to maintain records in accordance with § 429.71 of the development of all PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 estimated values and any associated initial test data; and (iv) For ceiling fan light kits with pinbased sockets for fluorescent lamps, a declaration that each ballast for such lamps is an electronic ballast. (c) Rounding requirements. (1) Any represented value of efficacy of CFLKs as described in paragraph (a) of this section must be expressed in lumens per watt and rounded to the nearest tenth of a lumen per watt. (2) Round lumen output to three significant digits. (3) Round lumen maintenance at 1,000 hours to the nearest tenth of a percent. (4) Round lumen maintenance at 40 percent of lifetime to the nearest tenth of a percent. (5) Round lifetime to the nearest whole hour. ■ 9. Section 429.46 is amended by: ■ a. Revising paragraph (a)(2)(i) introductory text; ■ b. Adding paragraphs (a)(3) and (4); ■ c. Revising paragraph (b)(2); and ■ d. Adding paragraph (c). The revisions and additions read as follows: § 429.46 Commercial clothes washers. (a) * * * (2) * * * (i) Any represented value of the integrated water factor or other measure of energy or water consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: * * * * * (3) The clothes container capacity of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the measured clothes container capacity, C, of all tested units of the basic model. (4) The corrected remaining moisture content (RMC) of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the final RMC value measured for all tested units of the basic model. (b) * * * (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) The modified energy factor (MEFJ2), in cubic feet per kilowatt-hour per cycle (cu ft/kWh/cycle); (ii) The integrated water factor (IWF), in gallons per cycle per cubic feet (gal/ cycle/cu ft); (iii) The clothes container capacity, in cubic feet (cu ft); (iv) The type of loading (top-loading or front-loading); and (v) The corrected RMC (expressed as a percentage). E:\FR\FM\06AUP1.SGM 06AUP1 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules (c) Reported values. Values reported pursuant to this section must be rounded as follows: Clothes container capacity to the nearest 0.1 cu ft, and corrected RMC to the nearest 0.1 percentage point. ■ 10. Section 429.59 is amended by revising paragraphs (b)(2)(iv) and (b)(3)(iv) to read as follows: § 429.59 Pumps. jbell on DSKJLSW7X2PROD with PROPOSALS * * * * * (b) * * * (2) * * * (iv) For a dedicated-purpose pool pump (other than an integral cartridgefilter or sand-filter pool pump): Weighted energy factor (WEF) in kilogallons per kilowatt-hour (kgal/ kWh); rated hydraulic horsepower in horsepower (hp); the speed configuration for which the pump is being rated (i.e., single-speed, twospeed, multi-speed, or variable-speed); true power factor at all applicable test procedure load points i (dimensionless), as specified in Table 1 of appendix B or C to subpart Y of part 431 of this chapter, as applicable; dedicatedpurpose pool pump nominal motor horsepower in horsepower (hp); dedicated-purpose pool pump motor total horsepower in horsepower (hp); dedicated-purpose pool pump service factor (dimensionless); for self-priming pool filter pumps and non-self-priming pool filter pumps: The maximum head (in feet) which is based on the mean of the units in the tested sample; a statement regarding whether freeze protection is shipped enabled or disabled; for dedicated-purpose pool pumps distributed in commerce with freeze protection controls enabled: The default dry-bulb air temperature setting (in °F), default run time setting (in minutes), and default motor speed (in rpm); for self-priming pool filter pumps a statement regarding whether the pump is certified with NSF/ANSI 50–2015 (incorporated by reference, see § 429.4) as self-priming; and, for self-priming pool filter pumps that are not certified with NSF/ANSI 50–2015 as selfpriming: The vertical lift (in feet) and true priming time (in minutes) for the dedicated-purpose pool pump (DPPP) model. * * * * * (3) * * * (iv) For a dedicated-purpose pool pump (other than an integral cartridgefilter or sand-filter pool pump): Calculated driver power input and flow rate at each load point i (Pi and Qi), in horsepower (hp) and gallons per minute (gpm), respectively. * * * * * VerDate Sep<11>2014 16:25 Aug 05, 2021 Jkt 253001 11. Section 429.70 is amended by adding paragraph (i) to read as follows: ■ § 429.70 Alternative methods for determining energy efficiency and energy use. * * * * * (i) Alternative determination of standby mode and off mode power consumption for untested basic models of consumer furnaces and consumer boilers. For models of consumer furnaces or consumer boilers that have identical standby mode and off mode power consuming components, ratings for untested basic models may be established in accordance with the following procedures in lieu of testing. This method allows only for the use of ratings identical to those of a tested basic model as provided below; simulations or other modeling predictions for ratings for standby mode power consumption and off mode power consumption are not permitted. (1) Consumer furnaces. Rate the standby mode and off mode power consumption of an untested basic model of a consumer furnace using the standby mode and off mode power consumption obtained from a tested basic model as a basis for ratings if all aspects of the electrical components, controls, and design that impact the standby mode power consumption or off mode power consumption are identical. (2) Consumer boilers. Rate the standby mode and off mode power consumption of an untested basic model of a consumer boiler using the standby mode and off mode power consumption obtained from a tested basic model as a basis for ratings if all aspects of the electrical components, controls, and design that impact the standby mode power consumption or off mode power consumption are identical. [FR Doc. 2021–15579 Filed 8–5–21; 8:45 am] BILLING CODE 6450–01–P FEDERAL RESERVE SYSTEM 12 CFR Part 210 [Regulation J; Docket No. R–1750] RIN 7100–AG16 Collection of Checks and Other Items by Federal Reserve Banks and Funds Transfers Through Fedwire (Regulation J), Extension of Comment Period Board of Governors of the Federal Reserve System. ACTION: Notice of proposed rulemaking; extension of comment period. AGENCY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 43143 On June 11, 2021, the Board of Governors of the Federal Reserve System (Board) published in the Federal Register a proposal to amend Regulation J to govern funds transfers through the Federal Reserve Banks’ (Reserve Banks) new FedNowSM Service by establishing a new subpart C. The Board also proposed changes and clarifications to subpart B, governing the Fedwire Funds Service, to reflect the fact that the Reserve Banks will be operating a second funds transfer service in addition to the Fedwire Funds Service, as well as technical corrections to subpart A, governing the check service. The proposal provided for a comment period ending on August 10, 2021. The Board is extending the comment period for 30 days, until September 9, 2021. DATES: For the notice of proposed rulemaking published on June 11, 2021 (86 FR 31376), comments must be received by September 9, 2021. ADDRESSES: You may submit comments by any of the methods identified in the proposal. FOR FURTHER INFORMATION CONTACT: Jess Cheng, Senior Counsel (202) 452–2309, Gavin L. Smith, Senior Counsel (202) 452–3474, Legal Division, or Ian C.B. Spear, Manager (202) 452–3959, Kirstin E. Wells, Principal Economist (202) 452–2962, Division of Reserve Bank Operations and Payment Systems; for users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263– 4869. SUPPLEMENTARY INFORMATION: On June 11, 2021, the Board of Governors of the Federal Reserve System (Board) published in the Federal Register a proposal to amend Regulation J to govern funds transfers through the Federal Reserve Banks’ (Reserve Banks) new FedNow Service by establishing a new subpart C. The Board also proposed changes and clarifications to subpart B, governing the Fedwire Funds Service, to reflect the fact that the Reserve Banks will be operating a second funds transfer service in addition to the Fedwire Funds Service, as well as technical corrections to subpart A, governing the check service.1 The proposal provided for a comment period ending on August 10, 2021. Since the publication of the proposal, the Board has received a request for an extension of the comment period. An extension of the comment period will provide additional opportunity for interested parties to analyze the proposal and prepare and submit comments. Therefore, the Board is extending the end of the comment SUMMARY: 1 86 E:\FR\FM\06AUP1.SGM FR 31376 (June 11, 2021). 06AUP1

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Proposed Rules]
[Pages 43120-43143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15579]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / 
Proposed Rules

[[Page 43120]]



DEPARTMENT OF ENERGY

10 CFR Part 429

[EERE-2012-BT-STD-0045]
RIN 1904-AE90


Energy Conservation Program for Appliance Standards: 
Certification for Ceiling Fan Light Kits, General Service Incandescent 
Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces 
and Boilers, Consumer Water Heaters, Dishwashers, Commercial Clothes 
Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps

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

ACTION: Notice of proposed rulemaking and request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'') 
proposes to amend the certification provisions for ceiling fan light 
kits (``CFLKs''), general service incandescent lamps (``GSILs''), 
incandescent reflector lamps (``IRLs''), ceiling fans, consumer 
furnaces and boilers, consumer water heaters, dishwashers, commercial 
clothes washers (``CCWs''), battery chargers, and dedicated-purpose 
pool pumps (``DPPPs''). DOE is proposing amendments to the 
certification and reporting provisions for these products and equipment 
to ensure reporting that is consistent with currently applicable energy 
conservation standards and to ensure DOE has the information necessary 
to determine the appropriate classification of products for the 
application of standards. DOE seeks comment from interested parties on 
all aspects of this proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than October 5, 2021.

ADDRESSES: 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 by email to the following email address: 
[email protected]. Include docket number EERE-
2012-BT-STD-0045 and/or RIN 1904-AE90 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, and instead, 
the Department is only accepting electronic submissions at this time. 
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 the 
rulemaking process, see section V (Public Participation) of this 
document.
    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 information that 
is exempt from public disclosure, may not be publicly available.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2012-BT-STD-0045. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Dr. Stephanie Johnson, 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) 287-1943. Email: [email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    1. Ceiling Fan Light Kits
    2. GSILs and IRLs
    3. Ceiling Fans
    4. Consumer Furnaces and Boilers
    5. Consumer Water Heaters
    6. Dishwashers
    7. Commercial Clothes Washers
    8. Battery Chargers
    9. Dedicated-Purpose Pool Pumps
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Ceiling Fan Light Kits
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    B. GSILs and IRLs
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    C. Ceiling Fans
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    D. Consumer Furnaces and Boilers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    E. Grid-Enabled Water Heaters
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    F. Dishwashers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    G. Commercial Clothes Washers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    H. Battery Chargers
    1. Scope of Applicability

[[Page 43121]]

    2. Reporting
    3. Reporting Costs and Impacts
    I. Dedicated-Purpose Pool Pumps
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    J. Draft Certification Templates for Review
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    1. Description of the Requirements
    2. Method of Collection
    3. Data
    4. Conclusion
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Materials Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA'') \1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317, as codified) Title III, Part B \2\ of EPCA, Public Law 94-163, 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency. Title III, Part C \3\ of EPCA, added by 
Public Law 95-619, Title IV, section 441(a), established the Energy 
Conservation Program for Certain Industrial Equipment. These products 
and equipment include CFLKs, GSILs, IRLs, ceiling fans, consumer 
furnaces and boilers, consumer water heaters, dishwashers, CCWs, 
battery chargers, and DPPPs, the subjects of this document. (42 U.S.C. 
6292(a)(4-6) and (14); 42 U.S.C. 6295(u) and (ff); 42 U.S.C. 6311(1)(A) 
and (H))
---------------------------------------------------------------------------

    \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 re-designated as Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated at Part A-1.
---------------------------------------------------------------------------

    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) the establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291; 42 U.S.C. 6311), test procedures (42 
U.S.C. 6293; 42 U.S.C. 6314), labeling provisions (42 U.S.C. 6294; 42 
U.S.C. 6315), energy conservation standards (42 U.S.C. 6295; 42 U.S.C. 
6313), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296; 42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products and equipment must use as the basis 
for: (1) Certifying to DOE that their products or equipment comply with 
the applicable energy conservation standards adopted pursuant to EPCA 
(42 U.S.C. 6295(s); 42 U.S.C. 6316(a)), and (2) making representations 
about the efficiency of those consumer products or industrial equipment 
(42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE must use these 
test procedures to determine whether the products or equipment comply 
with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 
U.S.C. 6316(a))
    EPCA authorizes DOE to enforce compliance with the energy and water 
conservation standards established for covered products and equipment. 
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated 
enforcement regulations that include reporting requirements for covered 
products and equipment including CFLKs, GSILs, IRLs, ceiling fans, 
consumer furnaces and boilers, consumer water heaters, dishwashers, 
CCWs, battery chargers, and DPPPs. See title 10 of the Code of Federal 
Regulations (``CFR'') part 429. The certification regulations ensure 
that DOE has the information it needs to assess whether regulated 
products and equipment sold in the United States comply with the law.

B. Background

    DOE's certification regulations are a mechanism that DOE uses to 
help ensure compliance with its regulations by collecting 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, 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 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 until two years after notifying DOE that a model has 
been discontinued. 10 CFR 429.71. Certification reports provide DOE and 
consumers with comprehensive, up-to-date efficiency information and 
support effective enforcement.
    To ensure that all covered products and covered equipment 
distributed in the United States comply with DOE's energy and water 
conservation standards and reporting requirements, DOE has promulgated 
certification, compliance, and enforcement regulations in 10 CFR part 
429. On March 7, 2011, the Department published in the Federal Register 
a final rule regarding Certification, Compliance, and Enforcement for 
Consumer Products and Commercial and Industrial Equipment, which 
revised, consolidated, and streamlined the Department's existing 
certification, compliance, and enforcement regulations for certain 
consumer products and commercial and industrial equipment covered under 
EPCA. 76 FR 12422.\4\ Since that time, DOE has also completed multiple 
rulemakings regarding Certification, Compliance, and Enforcement for 
specific covered products or equipment. See, for example, the May 5, 
2014, final rule regarding certification of commercial and industrial 
heating, ventilating, air conditioning (HVAC), refrigeration, and water 
heating equipment. 79 FR 25486. In this rulemaking, DOE is once again 
proposing to revise its certification regulations for certain covered 
products, as further detailed below.
---------------------------------------------------------------------------

    \4\ DOE subsequently published two correction notifications on 
May 2, 2011 (to correct a drafting error and erroneous internal 
cross references) and on August 2, 2011 (to correct presentation of 
a formula). 76 FR 24762; 76 FR 46202, respectively.
---------------------------------------------------------------------------

1. Ceiling Fan Light Kits
    CFLKs are ``covered products'' for which DOE is authorized to 
establish and amend energy conservation standards and test procedures. 
(42

[[Page 43122]]

U.S.C. 6291(50), 42 U.S.C. 6293(b)(16)(A)(ii), 42 U.S.C. 6295(ff)(2)-
(5)) DOE's energy conservation standards for CFLKs are currently 
prescribed at 10 CFR 430.32(s). Test procedures for CFLKs are currently 
prescribed at 10 CFR 430.23; 10 CFR part 430, subpart B, appendix V, 
``Uniform Test Method for Measuring the Energy Consumption of Ceiling 
Fan Light Kits With Pin-Based Sockets for Fluorescent Lamps'' 
(``appendix V''); and 10 CFR part 430, subpart B, appendix V1, 
``Uniform Test Method for Measuring the Energy Consumption of Ceiling 
Fan Light Kits Packaged With Other Fluorescent Lamps (not Compact 
Fluorescent Lamps or General Service Fluorescent Lamps), Packaged With 
Other SSL Lamps (not Integrated LED Lamps), or With Integrated SSL 
Circuitry'' (``appendix V1''). The sampling requirements for 
determining represented values based on the results of testing of CFLKs 
are found at 10 CFR 429.33(a) and (b) specifies the information that 
must be included in certification reports submitted to DOE for CFLKs.
    EPCA directed that the initial test procedures for CFLKs be based 
on the test procedures referenced in the ENERGY STAR[supreg] 
specifications for Residential Light Fixtures and Compact Fluorescent 
Light Bulbs as in effect on August 8, 2005. (42 U.S.C. 
6293(b)(16)(A)(ii)) DOE published a final rule on December 8, 2006, 
establishing test procedure requirements for CFLKs in appendix V that 
incorporated by reference the relevant ENERGY STAR requirements. 71 FR 
71340.
    CFLKs manufactured on or after January 1, 2007, and prior to 
January 21, 2020, must be packaged with lamps to fill all sockets, with 
additional standards applicable based on the type of the CFLK's lamp 
sockets. 10 CFR 430.32(s)(3)-(5). Lamps packaged with CFLKs with medium 
screw base sockets must meet efficacy standards, while medium screw 
base compact fluorescent lamps (``CFLs'') must additionally meet 
standards for lumen maintenance, rapid cycle stress, and lifetime. 10 
CFR 432.32(s)(3). CFLKs with pin-based sockets for fluorescent lamps 
must use an electronic ballast and the lamp-ballast platform must meet 
efficacy standards. 10 CFR 432.32(s)(4). CFLKs with other than medium 
screw base or pin-based sockets must not be capable of operating with 
lamps that total more than 190 watts. 10 CFR 432.32(s)(5). The 
standards at 10 CFR 430.32(s)(3)-(5) will be referred to collectively 
in this document as the January 1, 2007 standards.
    EPCA also provides that DOE ``may review and revise'' the initial 
ceiling fan light kit test procedure (TP). (42 U.S.C. 6293(b)(16)(B)). 
On December 24, 2015, DOE published a final rule (``December 2015 CFLK 
TP Final Rule'') making two key updates to its CFLK test procedure. 80 
FR 80209. First, DOE updated the CFLK test procedure to require that 
representations of efficacy, including certifications of compliance 
with CFLK standards, be made according to the corresponding DOE lamp 
test procedures, where they exist (e.g., for a CFLK with medium screw 
base sockets that is packaged with CFLs, the CFLK test procedure 
references the DOE test procedure for CFLs at 10 CFR 430.23(y)). 80 FR 
80209, 80210 (Dec. 24, 2015). Second, DOE updated the CFLK test 
procedure by establishing in a separate appendix, i.e., appendix V1, 
the test procedure for CFLKs packaged with inseparable light sources 
that require luminaire efficacy testing (e.g., CFLKs with integrated 
solid state lighting (``SSL'') circuitry) and for CFLKs packaged with 
lamps for which DOE test procedures did not exist. 80 FR 80209, 80212. 
With these changes, the December 2015 CFLK TP Final Rule aligned 
requirements for measuring efficacy of lamps and/or light sources in 
CFLKs with current DOE lamp test procedures.
    DOE published a final rule on January 6, 2016, amending energy 
conservation standards (ECS) for CFLKs (``January 2016 CFLK ECS Final 
Rule''). 81 FR 580. In that final rule, DOE established amended 
standards based on the efficacy of the lamps (with additional 
requirements for medium base CFLs and pin-based fluorescent lamps) 
packaged with the CFLK, except where the lamps are not designed to be 
consumer replaceable from the CFLK (i.e., integrated SSLs), in which 
case luminaire efficacy is used. Id. These amended standards apply to 
CFLKs manufactured on or after January 21, 2020,\5\ and will be 
referred to collectively in this document as the January 21, 2020 
standards. See 10 CFR 432.32(s)(6).
---------------------------------------------------------------------------

    \5\ After DOE's promulgation of final rules establishing energy 
conservation standards for CFLKs and ceiling fans, Congress enacted 
S. 2030, the ``Ceiling Fan Energy Conservation Harmonization Act'' 
(``the Act''), which was signed into law as Public Law 115-161 on 
April 3, 2018. The Act amended the compliance date for the CFLK 
standards to establish a single compliance date for the energy 
conservation standards for both CFLKs and ceiling fans. On May 16, 
2018, DOE published a final rule that amended the compliance date 
for CFLKs in the relevant sections of the CFR by replacing ``January 
7, 2019'' with ``January 21, 2020.'' 83 FR 22587.
---------------------------------------------------------------------------

    In the December 2015 CFLK TP Final Rule, DOE determined that the 
amendments in that final rule would likely change the measured values 
required to comply with the then-existing CFLK standards for all CFLKs 
except CFLKs with medium screw base sockets. 80 FR 80209, 80212. As 
such, representations regarding CFLKs subject to the January 21, 2020 
standards must be based on the amended test procedure, including 
appendix V1. See id. and 81 FR 580 (January 6, 2016).
    Neither the December 2015 CFLK TP Final Rule nor the January 2016 
CFLK ECS Final Rule amended the reporting requirements for CFLKs to 
reflect the updated metrics from the test procedure and amended 
standards. The reporting requirements at 10 CFR 429.33 continue to 
require manufacturers to report based on the January 1, 2007 standards, 
including information that is no longer relevant. This inconsistency 
between the reporting requirements and the January 21, 2020 standards 
may lead to confusion regarding which standards are applicable as well 
as the reporting of unnecessary information. Therefore, DOE is 
proposing to update the reporting requirements to address the January 
21, 2020 standards and remove the reporting requirements for the 
January 1, 2007 standards.
2. GSILs and IRLs
    GSILs and IRLs are ``covered products'' for which DOE is authorized 
to establish and amend energy conservation standards and test 
procedures. (42 U.S.C. 6292(a)(14)) DOE's existing test procedures for 
general service fluorescent lamps (``GSFLs''), IRLs and GSILs appear at 
title 10 CFR part 430, subpart B, appendix R (``appendix R'') 
(``Uniform Test Method for Measuring Average Lamp Efficacy (``LE''), 
Color Rendering Index (``CRI''), and Correlated Color Temperature 
(``CCT'') of Electric Lamps'').
    DOE test procedures for GSFLs, IRLs, and GSILs are codified in 
appendix R and associated sampling and reporting requirements are 
codified in 10 CFR 429.27. DOE standards for GSFLs, IRLs, and GSILs are 
codified respectively at 10 CFR 430.32(n)(1), (2), (4), (6), and (7) 
and (x).
    On July 6, 2009, DOE published a final rule amending the test 
procedures for GSFLs, IRLs, and GSILs. 74 FR 31829. These amendments 
consisted largely of: (1) Referencing the most current versions of 
several lighting industry test standards incorporated by reference; (2) 
adopting certain technical changes and clarifications; and (3) 
expanding the test procedures to

[[Page 43123]]

accommodate new classes of lamps to which coverage was extended by the 
Energy Independence and Security Act of 2007 (Pub. L. 110-140). Id. The 
final rule also addressed the then recently established statutory 
requirement to expand test procedures to incorporate a measure of 
standby mode and off mode energy consumption and determined that, 
because these modes of energy consumption were not applicable to the 
lamps, an expansion of the test procedures was not necessary. Id. 
Shortly thereafter, DOE again amended the test procedures to adopt 
reference ballast settings necessary for the additional GSFLs for which 
DOE was establishing standards. 74 FR 34080, 34096 (July 14, 2009).
    DOE most recently amended the test procedures for GSFLs and GSILs 
in a final rule published on January 27, 2012. 77 FR 4203. DOE updated 
several references to the industry test standards referenced in DOE's 
test procedures and established a lamp lifetime test method for GSILs. 
Id. In that final rule, DOE determined amendments to the existing test 
procedure for IRLs were not necessary. Id.
    On June 3, 2021, DOE published a notice of proposed rulemaking 
(NOPR) amending the test procedures for GSFL, IRLs, and GSILs. 86 FR 
29888 (``June 2021 NOPR''). In the June 2021 NOPR, DOE proposed to 
update to the latest versions of the referenced industry test 
standards; clarify definitions, test conditions and methods; clarify 
test frequency and inclusion of cathode power in measurements for 
GSFLs; provide a test method for measuring CRI of GSILs and IRLs and 
for measuring lifetime of IRLs; allow manufacturers to make voluntary 
(optional) representations of GSFLs at high frequency settings; and to 
align sampling and certification requirements with proposed test 
procedure terminology and with the Federal Trade Commission's labeling 
program. Id.
    In this NOPR, DOE is proposing to revise the reporting requirements 
to reflect the current energy conservation standards for GSILs and IRLs 
and include other characteristics in the certification report needed to 
determine the applicable product classes. DOE is not proposing 
revisions to GSFL reporting requirements in this NOPR.
3. Ceiling Fans
    Ceiling fans are ``covered products'' for which DOE is authorized 
to establish and amend energy conservation standards and test 
procedures. (42 U.S.C. 6291(49), 42 U.S.C. 6293(b)(16)(A)(ii) and (B), 
42 U.S.C. 6295(ff)(1) and (6)(C)) DOE's existing test procedure for 
ceiling fans appears at 10 CFR 430.23 and appendix U of 10 CFR part 
430, subpart B, ``Uniform Test Method for Measuring the Energy 
Consumption of Ceiling Fans.'' Sampling and reporting requirements for 
ceiling fans are set forth at 10 CFR 429.32. DOE's existing energy 
conservation standards for ceiling fans are located in 10 CFR 
430.32(s).
    On July 25, 2016, DOE published a final rule which amended the test 
procedures for ceiling fans at appendix U. 81 FR 48620 (``July 2016 
Final Rule''). On January 19, 2017, DOE established energy conservation 
standards for ceiling fans, expressed as the minimum allowable 
efficiency in terms of cubic feet per minute per watt (``CFM/W''), as a 
function of ceiling fan diameter in inches. These standards are 
applicable to all ceiling fans manufactured in, or imported into, the 
United States on and after January 21, 2020. 82 FR 6826, 6827 
(``January 2017 CF ECS Final Rule'').
    On September 30, 2019, DOE published a NOPR proposing amendments to 
the test procedure. 84 FR 51440 (``September 2019 NOPR''). 
Additionally, on October 17, 2019, DOE hosted a public meeting to 
present the September 2019 NOPR proposals.
    On December 27, 2020, the Energy Act of 2020 (Pub. L. 116-260) was 
signed into law, and amended performance standards for large-diameter 
ceiling fans (``LDCFs'').\6\ (42 U.S.C. 6295(ff)(6)(C)(i), as codified) 
Specifically, section 1008 of the Energy Act of 2020 amended section 
325(ff)(6) of EPCA to specify that large-diameter ceiling fans 
manufactured on or after January 21, 2020, are not required to meet 
minimum ceiling fan efficiency requirements in terms of the ratio of 
the total airflow to the total power consumption (i.e., CFM/W) as 
established in the January 2017 CF ECS Final Rule. (42 U.S.C. 
6295(ff)(6)(C)(i)(I), as codified) Instead, LDCFs are required to meet 
specified minimum efficiency requirements based on the Ceiling Fan 
Energy Index (``CFEI'') metric, with one standard based on operation of 
the fan at high speed and a second standard based on operation of the 
fan at 40 percent speed or the nearest speed that is not less than 40 
percent speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified)
---------------------------------------------------------------------------

    \6\ A large-diameter ceiling fan is a ceiling fan that is 
greater than seven feet in diameter. 10 CFR part 430, subpart B, 
appendix U, section 1.14.
---------------------------------------------------------------------------

    On May 27, 2021, DOE published a final rule to amend the current 
regulations for large-diameter ceiling fans, corresponding to the 
provisions in the Energy Act of 2020. 86 FR 28469 (``May 2021 Technical 
Amendment'') The May 2021 Technical Amendment also implemented 
conforming amendments to the ceiling fan test procedure to ensure 
consistency with the Energy Act of 2020.
    Current ceiling fan reporting requirements do not reflect the 
amended energy conservation standards adopted in the January 2017 CF 
ECS final rule, nor do they reflect the updated performance standards 
for large-diameter ceiling fans as established in the Energy Act of 
2020. Therefore, DOE is proposing to update the reporting requirements 
to reflect current standards.
4. Consumer Furnaces and Boilers
    Consumer furnaces and boilers are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures.\7\ (42 U.S.C. 6292(a)(5)) 
DOE's energy conservation standards for consumer furnaces and boilers 
are currently prescribed at 10 CFR 430.32(e). Test procedures for 
consumer furnaces and boilers are currently specified in 10 CFR part 
430, subpart B, appendix N, ``Uniform Test Method for Measuring the 
Energy Consumption of Furnaces and Boilers'' (``appendix N''). 
Reporting requirements for consumer furnaces and boilers are set forth 
in 10 CFR 429.18.
---------------------------------------------------------------------------

    \7\ The list of covered products includes ``furnaces;'' however, 
EPCA defines a ``furnace,'' in relevant part, as ``an electric 
central furnace, electric boiler, forced-air central furnace, 
gravity central furnace, or low pressure steam or hot water 
boiler.'' (42 U.S.C. 6291(23)(C))
---------------------------------------------------------------------------

    The DOE test procedure for consumer furnaces and boilers at 
appendix N is used to determine the annual fuel utilization efficiency 
(``AFUE''), which for gas-fired and oil-fired furnaces and boilers 
accounts for fossil fuel consumption in active, standby, and off modes, 
but does not include electrical energy consumption. For electric 
furnaces and boilers, AFUE accounts for electrical energy consumption 
in active mode. Appendix N also includes separate provisions to 
determine the electrical energy consumption in standby mode 
(PW,SB) and off mode (PW,OFF) in watts for gas-
fired, oil-fired, and electric furnaces and boilers.
    On October 20, 2010, DOE published a final rule in the Federal 
Register to amend its test procedure for consumer furnaces and boilers 
to establish a method for measuring the electrical energy use in 
standby mode and off mode for gas-fired and oil-fired boilers in 
satisfaction of 42 U.S.C. 6295(gg)(2)(A), which requires that test

[[Page 43124]]

procedures for all covered products account for standby mode and off 
mode energy consumption. 75 FR 64621. DOE most recently updated its 
test procedure for consumer furnaces and boilers in a final rule 
published in the Federal Register on January 15, 2016 (January 2016 
final rule). 81 FR 2628. The January 2016 final rule amended the 
existing DOE test procedure for consumer furnaces and boilers through a 
number of modifications designed to improve the consistency and 
accuracy of test results generated using the DOE test procedure and to 
reduce test burden. 81 FR 2628, 2629-2630 (Jan. 15, 2016).
    EPCA established the initial energy conservation standards for 
consumer furnaces and boilers in terms of AFUE (42 U.S.C. 6295(f)(1)-
(3)) and directed DOE to conduct a series of rulemakings to determine 
whether to amend these standards (42 U.S.C. 6295(f)(4); see also 42 
U.S.C. 6295(m)). On November 19, 2007, DOE published a final rule in 
the Federal Register (the November 2007 final rule) that revised the 
energy conservation standards for certain consumer furnace and boiler 
product classes, with compliance required beginning on November 19, 
2015. 72 FR 65136. Following DOE's adoption of the November 2007 final 
rule, several parties jointly sued DOE in the United States Court of 
Appeals for the Second Circuit (Second Circuit) to invalidate the rule, 
arguing that the standards adopted did not reflect the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified, as required by EPCA. Petition for Review, State 
of New York, et al. v. Department of Energy, et al., Nos. 08-0311-
ag(L); 08-0312-ag(con) (2d Cir. Filed Jan. 17, 2008). On April 21, 
2009, the Second Circuit granted a motion by DOE for voluntary remand 
(which the petitioners did not oppose) that indicated that DOE would 
revisit its initial conclusions outlined in the November 2007 final 
rule in a subsequent rulemaking action but did not vacate the standards 
adopted in the November 2007 final rule.
    On June 27, 2011, DOE published a direct final rule (June 2011 DFR) 
revising the energy conservation standards for consumer furnaces (as 
well as consumer central air conditioners and heat pumps) pursuant to 
the voluntary remand in State of New York, et al. v. Department of 
Energy, et al. 76 FR 37408. The June 2011 DFR amended the existing 
energy conservation standards for non-weatherized gas furnaces, mobile 
home gas furnaces, and non-weatherized oil furnaces, and amended the 
compliance date (but left the existing standards in place) for 
weatherized gas furnaces. The June 2011 DFR also established electrical 
standby mode and off mode standards for non-weatherized gas furnaces, 
mobile home gas furnaces, non-weatherized oil furnaces, mobile home oil 
furnaces, and electric furnaces. DOE confirmed the standards and 
compliance dates promulgated in the June 2011 DFR in a notice of 
effective date and compliance dates published in the Federal Register 
on October 31, 2011. 76 FR 67037.
    Following DOE's adoption of the June 2011 DFR, the American Public 
Gas Association (APGA) filed a petition for review with the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) to invalidate the DOE rule as it pertained to non-weatherized 
natural gas furnaces and mobile home gas furnaces. Petition for Review, 
American Public Gas Association, et al. v. Department of Energy, et 
al., No. 11-1485 (D.C. Cir. filed Dec. 23, 2011). On April 24, 2014, 
the Court granted a motion that approved a settlement agreement that 
was reached between DOE, APGA, and the various intervenors in the case, 
in which DOE agreed to a remand of the non-weatherized gas furnace and 
mobile home gas furnace portions of the June 2011 DFR in order to 
conduct further notice-and-comment rulemaking. Accordingly, the Court's 
order vacated the June 2011 DFR in part (i.e., those portions relating 
to non-weatherized gas furnaces and mobile home gas furnaces) and 
remanded to the agency for further rulemaking. The energy conservation 
standards in the June 2011 DFR for the other consumer furnace product 
classes (as well as central air conditioners and heat pumps) were left 
in place.
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (``EISA 2007''), Public Law 110-140, was signed into law. EISA 
2007 revised the AFUE requirements and set design requirements for most 
consumer boiler product classes and required compliance with the 
amended standards beginning on September 1, 2012. (42 U.S.C. 
6295(f)(3)) For gas-fired hot water boilers, oil-fired hot water 
boilers, and electric hot water boilers, EISA 2007 requires that 
residential boilers have an automatic means for adjusting water 
temperature.\8\ EISA 2007 also disallows the use of constant-burning 
pilot lights in gas-fired hot water boilers and gas-fired steam 
boilers. EISA 2007 provided an exception for boilers that operate 
without any need for electricity or any electric connection, electric 
gauges, electric pumps, electric wires, or electric devices; those 
boilers were not required to meet the requirements outlined in EISA 
2007 for other consumer boilers that require an electrical connection. 
(42 U.S.C. 6295(f)(3)(A)-(C); 10 CFR 430.32(e)(2)(ii)-(v)) DOE 
published a final rule technical amendment in the Federal Register on 
July 28, 2008 (July 2008 final rule technical amendment) to codify the 
energy conservation standard levels, design requirements, and 
compliance dates for residential boilers outlined in EISA 2007. 73 FR 
43611. DOE completed the most recent rulemaking cycle to amend the 
standards for consumer boilers by publishing a final rule in the 
Federal Register on January 15, 2016 (January 2016 final rule), as 
required under 42 U.S.C. 6295(f)(4)(C). 81 FR 2320. The January 2016 
final rule adopted new standby mode and off mode standards for consumer 
boilers in terms of PW,SB and PW,OFF in addition 
to amended AFUE energy conservation standards. Compliance with the new 
and amended standards for consumer boilers was required beginning 
January 15, 2021. Id.
---------------------------------------------------------------------------

    \8\ The automatic means for adjusting water temperature must 
ensure that an incremental change in the inferred heat load produces 
a corresponding incremental change in the temperature of the water 
supplied by the boiler.
---------------------------------------------------------------------------

    In this NOPR, DOE proposes to require certification and reporting 
of standby mode and off mode energy consumption for certain product 
classes, consistent with the energy conservation standards for standby 
mode and off mode energy consumption adopted in the June 2011 DFR and 
January 2016 final rule. DOE also proposes to require certification of 
the type of ignition system for all gas-fired consumer boilers 
consistent with the prescriptive design requirement set forth in EISA 
2007 and subsequently codified by DOE in the July 2008 final rule 
technical amendment, which applies to all gas-fired consumer boilers.
5. Consumer Water Heaters
    Consumer water heaters are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures. (42 U.S.C. 6292)(a)(4)) 
DOE's energy conservation standards and test procedures for consumer 
water heaters are currently prescribed at 10 CFR 430.32(d) and 10 CFR 
part 430, subpart B, appendix E, respectively.
    The Energy Efficiency Improvement Act of 2015 (EEIA 2015), Public 
Law 114-11, was enacted on April 30, 2015. The EEIA 2015 amended EPCA, 
in relevant part, by adding definitions for ``grid-enabled water 
heater'' and

[[Page 43125]]

``activation lock'' at 42 U.S.C. 6295(e)(6)(A). These products are 
intended for use as part of an electric thermal storage or demand 
response program. Among the criteria that define a ``grid-enabled water 
heater'' is an energy-related performance standard that is either an 
energy factor (EF) specified by a formula set forth in the statute, or 
an equivalent alternative standard that DOE may prescribe. (42 U.S.C. 
6295(e)(6)(A)(ii)(III)(aa) and (bb)) In addition, the EEIA 2015 
amendments to EPCA also directed DOE to require reporting on shipments 
and activations of grid-enabled water heaters and to establish 
procedures, if appropriate, to prevent product diversion for non-
program purposes, and to publish related results. (42 U.S.C. 
6295(e)(6)(C)-(D)) EEIA 2015 also required DOE to treat shipment data 
reported by manufacturers as confidential business information. (42 
U.S.C. 6295(e)(6)(C)(iii)) On August 11, 2015, DOE published a final 
rule (August 2015 final rule) in the Federal Register that added 
definitions for ``grid-enabled water heater'' and ``activation lock'' 
to 10 CFR 430.2 and energy conservation standards for grid-enabled 
water heaters to 10 CFR 430.32(d). 80 FR 48004, 48009-48010. The August 
2015 final rule did not establish provisions to require the reporting 
of shipments by manufacturers.
    In this NOPR, DOE proposes to require each manufacturer to report 
annual shipments of their grid-enabled water heaters and to treat the 
annual shipments of grid-enabled water heaters as confidential business 
information.
6. Dishwashers
    Dishwashers are included in the list of ``covered products'' for 
which DOE is authorized to establish and amend test procedures and 
energy conservation standards. (42 U.S.C. 6292)(a)(6)) DOE's test 
procedures for dishwashers are currently prescribed at 10 CFR 430.23(c) 
and appendix C1 to subpart B of 10 CFR part 430 (``appendix C1''). 
DOE's energy conservation standards for dishwashers are currently 
prescribed at 10 CFR 430.32(f).
    In a direct final rule published on May 30, 2012 (``May 2012 direct 
final rule''), DOE amended the energy conservation standards and water 
use standards for dishwashers consistent with the levels submitted in a 
petition by groups representing manufacturers, energy and environmental 
advocates, and consumer groups. 77 FR 31918, 31919. Compliance with the 
standards established in the May 2012 direct final rule was required 
beginning May 30, 2013. Id. at 77 FR 31918. In a final determination 
published on December 13, 2016, DOE concluded that the amended energy 
conservation standards would not be economically justified at any level 
above the standards established in the May 2012 direct final rule, and 
therefore determined not to amend the standards. 81 FR 90072.
    DOE most recently amended its dishwasher test procedures in a final 
rule published October 31, 2012, which established appendix C1. 77 FR 
65942, 65947. Appendix C1 is currently required to demonstrate 
compliance with the energy conservation standards prescribed at 10 CFR 
430.32(f). The current version of the DOE test procedure includes 
provisions for determining estimated annual energy use and per-cycle 
water consumption, among other metrics. (10 CFR 430.23(c))
    In this NOPR, DOE proposes adding a certification reporting 
requirement to ensure that any assessment or enforcement testing 
pursuant to 10 CFR 429.104 and 429.110, respectively, would be 
performed using the same detergent used by the manufacturer for 
certifying compliance with the energy conservation standards.
7. Commercial Clothes Washers
    CCWs are included in the list of ``covered equipment'' for which 
DOE is authorized to establish and amend energy conservation standards 
and test procedures. (42 U.S.C. 6311(1)(H)) EPCA requires the test 
procedures for CCWs to be the same as those established for consumer 
(residential) clothes washers (``RCWs''). (42 U.S.C. 6314(a)(8)) DOE's 
test procedures for CCWs are currently prescribed at 10 CFR 431.154 and 
reference DOE's test procedure for RCWs currently prescribed at 
appendix J2 to subpart B of 10 CFR part 430 (``appendix J2'').\9\ DOE's 
energy conservation standards for CCWs are prescribed at 10 CFR 
431.156(b).
---------------------------------------------------------------------------

    \9\ The test procedures for CCWs prescribed at 10 CFR 431.154 
also reference appendix J1 to subpart B of 10 CFR part 430 
(``appendix J1''). For CCWs, Appendix J1 is required to demonstrate 
compliance with energy conservation standards applicable to CCWs 
manufactured before January 1, 2018. Any representations of 
compliance with the standards applicable to CCWs manufactured on or 
after January 1, 2018 must be based upon results generated using 
appendix J2.
---------------------------------------------------------------------------

    In a final rule published on December 15, 2014, DOE amended the 
energy conservation standards and water standards for CCWs. 79 FR 74492 
(``December 2014 Standards Final Rule''). Compliance with the standards 
established in the December 2014 Standards Final Rule was required 
beginning January 1, 2018. Id.
    DOE most recently amended its CCW test procedures in a final rule 
published December 3, 2014. 79 FR 71624 (``December 2014 TP Final 
Rule''). The December 2014 TP Final Rule amended 10 CFR 431.152 to 
provide definitions for integrated water factor (``IWF'') and modified 
energy factor value calculated using appendix J2 
(``MEFJ2'')--the metrics on which the current energy 
conservation standards are based--among other minor changes.
    In this NOPR, DOE proposes to require reporting model 
characteristics used for determining applicable standards and for 
conducting product-specific enforcement provisions for clothes washers 
(which includes CCWs), and to specify rounding instructions for each 
newly reported value.
8. Battery Chargers
    Battery chargers are ``covered products'' for which DOE is 
authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6295(u)) DOE's energy conservation 
standards for battery chargers are currently prescribed at 10 CFR 
430.32(z). The test procedures for battery chargers are currently 
prescribed at 10 CFR part 430, subpart B appendix Y, ``Uniform Test 
Method for Measuring the Energy Consumption of Battery Chargers'' 
(``appendix Y''). The sampling and reporting requirements for battery 
chargers are set forth in 10 CFR 429.39.
    On May 20, 2016, DOE published a final rule that established the 
test procedure for battery chargers at appendix Y. 81 FR 31827. In that 
final rule, DOE updated the battery selection criteria for multi-
voltage, multi-capacity battery chargers; harmonized the 
instrumentation resolution and uncertainty requirements with the second 
edition of the International Electrotechnical Commission (``IEC'') 
62301 standard for measuring standby power; defined and excluded back-
up battery chargers from the testing requirements; outlined provisions 
for conditioning lead acid batteries; specified sampling and 
certification requirements; and corrected typographical errors in the 
current test procedure. Id.
    On June 13, 2016, DOE established the current energy conservation 
standards for battery chargers, expressed as the maximum allowable unit 
energy consumption (``kWh/yr'') as a function of battery energy and 
voltage. 81 FR 38266.
    Consistent with these prior regulatory amendments affecting battery 
chargers, this proposal would establish an annual filing date by which 
manufacturers

[[Page 43126]]

would be required to submit the required certification information to 
DOE.
9. Dedicated-Purpose Pool Pumps
    DPPPs are a subset of pumps, which are included in the list of 
``covered equipment'' for which DOE is authorized to establish and 
amend energy conservation standards and test procedures. (42 U.S.C. 
6311(1)(A)) DOE's test procedures for DPPPs are currently prescribed at 
10 CFR 431.464(b) and DOE's energy conservation standards for DPPPs are 
prescribed at 10 CFR 431.465(f)-(h). The certification and reporting 
requirements for DPPPs are set forth in 10 CFR 429.59(b)(2)(iv)-(v) and 
(b)(3)(iv).
    DOE's test procedure for determining DPPP energy efficiency was 
established in a final rule published on August 7, 2017. 82 FR 36858 
(``August 2017 Final Rule''). The test procedure reflects the consensus 
of the Appliance Standards Rulemaking Federal Advisory Committee 
(ASRAC) negotiated rulemaking working group for DPPPs. (Docket No. 
EERE-2015-BT-STD-0008, Nos. 51 and 82) The August 2017 Final Rule also 
included certification and enforcement provisions for DPPPs.
    In this NOPR, DOE proposes to clarify the certification reporting 
requirements for DPPPs in 10 CFR 429.59(b)(2)(iv) and (b)(3)(iv), in 
order to resolve potential confusion as to the scope of these 
provisions.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to update the certification reporting 
requirements as follows:
    (1) Align the CFLK certification reporting requirements at 10 CFR 
429.33 with the CFLK energy conservation standards relating to: (a) 
Efficacy for light sources in CFLKs; (b) lumen maintenance, lifetime, 
and rapid cycle stress testing for medium screw base CFLs in CFLKs; (c) 
electronic ballasts for pin-based fluorescent lamps in CFLKs; (d) test 
sample size; and (e) kind of lamp.
    (2) Include rated voltage and lamp diameter for IRLs and initial 
lumen output for GSILs in certification reports to determine applicable 
energy conservation standards under the GSIL and IRL certification 
reporting requirements at 10 CFR 429.27. Additionally, for IRLs include 
CRI in certification reports, an existing minimum energy conservation 
requirement for these products.
    (3) Align the ceiling fan certification reporting requirements at 
10 CFR 429.32 with existing energy conservation standards established 
in the January 2017 CF ECS Final Rule and the Energy Act of 2020. 
Additionally, specify rounding requirements for CFM/W and CFEI. 
Finally, add a reporting requirement for standby power consumption for 
small-diameter ceiling fans.
    (4) Align the consumer furnace and boiler certification reporting 
requirements at 10 CFR 429.18 with the existing energy conservation 
standards by requiring reporting of standby mode and off mode energy 
consumption for classes with existing standby mode and off mode energy 
conservation standards, and clarifying that the requirement for 
certifying the type of ignition system applies to all gas-fired boilers 
(rather than just cast iron sectional gas-fired boilers).
    (5) Add certification provisions at 10 CFR 429.17 to require water 
heater manufacturers to report the number of annual shipments of grid-
enabled water heaters.
    (6) Add certification provisions at 10 CFR 429.19 to require 
dishwasher manufacturers to indicate use of a new detergent formulation 
that replaces the detergent formulation currently specified, which has 
been discontinued.
    (7) Add certification provisions at 10 CFR 429.46 to require CCW 
manufacturers to report model characteristics used for determining 
applicable standards and for conducting product-specific enforcement 
provisions; and specify rounding instructions for these reported 
values.
    (8) Establish an annual filing date in 10 CFR 429.12, by which 
manufacturers of battery chargers would be required to submit the 
required certification information to DOE.
    (9) Clarify the certification reporting requirements in 10 CFR 
429.59 for DPPPs.
    DOE's current and proposed reporting requirements, as well as the 
reason for the proposed change, are summarized in Table II.1 of this 
document.

   Table II.1--Summary of Proposed Changes to Certification Reporting
  Requirements Relative to Current Certification Reporting Requirements
------------------------------------------------------------------------
                                    Proposed
  Current DOE certification       certification
   reporting requirements           reporting            Attribution
                                  requirements
------------------------------------------------------------------------
For CFLKs, no reporting       Add reporting         Required to verify
 requirement for efficacy      requirement for       whether the
 for a lamp and integrated     efficacy in lumens    information
 SSL circuitry.                per watt (lm/W) and   provided is
                               for lumen output in   consistent with the
                               lumens (to            certifier's
                               determine the         statement of
                               minimum efficacy      compliance with
                               standard) for a       January 21, 2020
                               lamp and integrated   energy conservation
                               SSL circuitry in a    standards.
                               CFLK.
For CFLKs, no reporting       Add reporting         Required to verify
 requirements for lumen        requirements to       whether the
 maintenance at 1,000 hours,   specify the lumen     information
 lumen maintenance at 40       maintenance at        provided is
 percent of lifetime, the      1,000 hours in        consistent with the
 results of rapid cycle        percent, lumen        certifier's
 stress testing, and           maintenance at 40     statement of
 lifetime for medium screw     percent of lifetime   compliance with
 base CFLs.                    in percent, number    January 21, 2020
                               of units passing      energy conservation
                               rapid cycle stress    standards.
                               testing, and the
                               lifetime in hours
                               for medium screw
                               base CFLs in a CFLK.
For CFLKs, no reporting       Add reporting         Required to verify
 requirement specifying that   requirement to        whether the
 a CFLK with pin-based         provide a             information
 sockets for fluorescent       declaration that      provided is
 lamps have an electronic      CFLKs with pin-       consistent with the
 ballast.                      based sockets for     certifier's
                               fluorescent lamps     statement of
                               have an electronic    compliance with
                               ballast.              January 21, 2020
                                                     energy conservation
                                                     standards.
For CFLKs, no reporting       Add reporting         Required to verify
 requirement specifying that   requirement to        whether the
 a CFLK is packaged with       provide a             information
 lamps to fill all sockets.    declaration that      provided is
                               CFLKs are packaged    consistent with the
                               with lamps to fill    certifier's
                               all sockets.          statement of
                                                     compliance with
                                                     January 21, 2020
                                                     energy conservation
                                                     standards.
For CFLKs, no reporting       Add requirement for   Required to verify
 requirement for lab           declaration that      whether the
 accreditation.                lamps packaged with   information
                               CFLKs were tested     provided is
                               by an International   consistent with the
                               Laboratory            certifier's
                               Accreditation         statement of
                               Cooperation           compliance with
                               (``ILAC'')            laboratory
                               accredited            accreditation
                               laboratory as         requirements in 10
                               required under 10     CFR 430.25.
                               CFR 430.25.
For CFLKs, no reporting       Add a reporting       Required to verify
 requirement for test sample   requirement to        whether the
 size or kind of lamp for      provide the test      information
 basic model of lamp.          sample size and       provided is
                               kind of lamp for      consistent with the
                               each basic model of   certifier's
                               lamp in the CFLK.     statement of
                                                     compliance with
                                                     sampling
                                                     requirements in 10
                                                     CFR 429.12(b).

[[Page 43127]]

 
For GSILs and IRLs, does not  Add reporting         Required to verify
 require reporting all         requirements for      whether the
 metrics that aid in           rated voltage, lamp   information
 ensuring compliance.          diameter, and CRI     provided is
                               for IRLs and          consistent with the
                               initial lumen         certifier's
                               output for GSILs.     statement of
                                                     compliance with
                                                     existing standards
                                                     or product class
                                                     characterizations.
For ceiling fans, reporting   Add reporting         Required to verify
 requirement includes number   requirements for      whether the
 of speeds and design          small diameter        information
 requirement declaration.      ceiling fans to       provided is
                               include blade span,   consistent with the
                               ceiling fan           certifier's
                               efficiency in CFM/    statement of
                               W, declarations       compliance with
                               regarding multi-      January 21, 2020
                               head fans along       energy conservation
                               with additional       standards to
                               product-specific      reflect the January
                               information for       2017 CF ECS Final
                               small-diameter        Rule.
                               ceiling fans:
                               Standby power,
                               blade edge
                               thickness (in),
                               airflow (CFM) at
                               high speed, blade
                               RPM at high speed,
                               and the distance
                               (in) between the
                               ceiling and the
                               lowest point on the
                               fan blades (in both
                               hugger and standard
                               configurations for
                               multi-mount fans).
For ceiling fans, reporting   Add reporting         Required to verify
 requirement includes number   requirements for      whether the
 of speeds and design          large diameter        information
 requirement declaration.      ceiling fans to       provided is
                               include CFEI for      consistent with the
                               high speed and 40     certifier's
                               percent speed or      statement of
                               the nearest speed     compliance with
                               that is not less      January 21, 2020
                               than 40 percent       energy conservation
                               speed.                standards to
                                                     reflect the Energy
                                                     Act of 2020.
For ceiling fans, no          Amend 10 CFR 429.32   Required to verify
 rounding requirements for     to specify that       whether the
 the small diameter or large   represented values    information
 diameter ceiling fan          of efficiency must    provided is
 efficiencies.                 be rounded to the     consistent with the
                               nearest whole         certifier's
                               number for small      statement of
                               diameter ceiling      compliance with
                               fans in terms of      January 21, 2020
                               CFM/W and to the      energy conservation
                               nearest hundredth     standards to
                               for large diameter    reflect the January
                               ceiling fans in       2017 CF ECS Final
                               terms of CFEI.        Rule and the Energy
                                                     Act of 2020.
For consumer boilers, non-    Add reporting         Required to verify
 weatherized oil-fired         requirement for       whether the
 furnaces (including mobile    standby mode and      information
 home furnaces) and electric   off mode energy       provided is
 furnaces, no reporting        consumption of        consistent with the
 requirement for standby       consumer boilers,     certifier's
 mode and off mode energy      non-weatherized oil-  statement of
 consumption.                  fired furnaces        compliance with May
                               (including mobile     1, 2013 energy
                               home furnaces), and   conservation
                               electric furnaces.    standards for non-
                                                     weatherized oil-
                                                     fired furnaces
                                                     (including mobile
                                                     home furnaces) and
                                                     electric furnaces,
                                                     and the January 15,
                                                     2021 energy
                                                     conservation
                                                     standards for
                                                     consumer boilers.
For gas-fired boilers,        Expand reporting      Required to verify
 reporting requirement to      requirement for       whether the
 certify type of ignition      type of ignition      information
 system applies only to cast   system to apply to    provided is
 iron sectional gas-fired      all gas-fired         consistent with the
 boilers.                      boiler.               certifier's
                                                     statement of
                                                     compliance with
                                                     September 1, 2012
                                                     energy conservation
                                                     standards, which
                                                     includes a
                                                     prescriptive
                                                     requirement that
                                                     disallows a
                                                     constant-burning
                                                     pilot ignition for
                                                     all gas-fired
                                                     boilers.
For grid-enabled water        Require               Required by EPCA
 heaters, no requirement for   manufacturers to      under 42 U.S.C.
 manufacturers to submit       submit annual         6295(e)(6)(C)(i).
 annual shipment data.         shipment data for
                               grid-enabled water
                               heaters at 10 CFR
                               429.17.
For testing dishwashers, no   Require               Required to ensure
 reporting requirement for     manufacturers to      that any assessment
 certification based on        report use of the     or enforcement
 testing with an alternate     new detergent         testing would be
 detergent in place of the     formulation that      performed using the
 one currently specified for   replaces the          same detergent used
 use, which has been           detergent             by the manufacturer
 discontinued.                 formulation           for certifying
                               currently specified.  compliance with the
                                                     energy conservation
                                                     standards.
For CCWs, does not require    Add reporting         Required to verify
 reporting of clothes          requirements for      whether the
 container capacity, loading   clothing container    information
 axis, or remaining moisture   capacity, type of     provided is
 content value.                loading (top-         consistent with the
                               loading or front-     certifier's
                               loading), and         statement of
                               remaining moisture    compliance with
                               content, including    January 1, 2018
                               applicable rounding   energy conservation
                               instructions for      standards and to
                               these reported        conduct product-
                               values.               specific
                                                     enforcement
                                                     provisions.
For battery chargers,         Establish an annual   Required to ensure
 reporting requirements are    filing date of        certification
 included in 10 CFR 429.39,    September 1, by       information is
 but no annual filing date     which manufacturers   current on an
 is specified in 10 CFR        would be required     annual basis,
 429.12.                       to submit required    consistent with the
                               reporting             requirements for
                               information to DOE.   other covered
                                                     products and
                                                     equipment.
For DPPPs, includes           Clarify that          Eliminate possible
 certification reporting       reporting             misunderstanding
 requirements for certain      requirements apply    that these
 models that may cause         only to models        reporting
 confusion as to the scope     subject to energy     requirements apply
 of these provisions.          conservation          to models that are
                               standards.            not subject to
                                                     energy conservation
                                                     standards, when in
                                                     fact these
                                                     requirements do not
                                                     apply to such
                                                     models, per the
                                                     current provisions
                                                     in Sec.
                                                     429.12(a).
------------------------------------------------------------------------

    DOE is not proposing amendments to the test procedures or energy 
conservation standards for CFLKs, GSILs, IRLs, ceiling fans, consumer 
furnaces and boilers, consumer water heaters, dishwashers, CCWs, 
battery chargers, or DPPPs.

III. Discussion

    Certification of compliance to DOE is a mechanism that helps 
manufacturers understand their obligations for distributing models of 
covered products and equipment that are subject to energy conservation 
standards. Certification reports include characteristics of covered 
products or equipment used to determine which standard applies to a 
given basic model, and they also help DOE identify models and/or 
regulated entities that may not be in compliance with the applicable 
regulations.
    For the products and equipment addressed in this NOPR, DOE has 
identified areas in which the certification reporting requirements are 
not consistent with the information required to verify whether the 
information provided is consistent with the certifier's statement of 
compliance with current energy conservation standards. DOE is proposing 
amendments to the certification and reporting provisions for these 
products and equipment, as discussed in the following sections, to 
ensure reporting that is consistent with currently applicable energy 
conservation standards and to ensure DOE has the information necessary 
to determine the appropriate classification of products for the 
application of standards. In addition to the specific proposals 
discussed in the following sections, DOE is also proposing minor

[[Page 43128]]

amendments to ensure consistency among terms used throughout DOE's 
certification and reporting provisions.

A. Ceiling Fan Light Kits

1. Scope of Applicability
    This NOPR applies to CFLKs, which are products designed to provide 
light from a ceiling fan and can be either: (1) Integral, such that the 
equipment is attached to the ceiling fan prior to the time of retail 
sale; or (2) attachable, such that at the time of retail sale the 
equipment is not physically attached to the ceiling fan, but may be 
included inside the ceiling fan packaging at the time of sale or sold 
separately for subsequent attachment to the fan. 10 CFR 430.2 (42 
U.S.C. 6291(50)). In the December 2015 CFLK TP Final Rule, DOE revised 
its interpretation of the CFLK definition to state that the requirement 
for a CFLK to be ``designed to provide light'' includes all light 
sources in a CFLK, including accent lighting. 80 FR 80209, 80214. DOE 
seeks comment on whether CFLKs are still being distributed in commerce 
that were manufactured prior to January 21, 2020, and therefore, DOE 
should retain compliance requirements for these standards.
2. Reporting
    Under the existing requirements in 10 CFR 429.33(b), manufacturers 
must report: (1) System efficacy and rated wattage for CFLKs with 
medium screw base lamps; (2) system efficacy, rated wattage, and lamp 
length for CFLKs with pin-based fluorescent lamps; and (3) rated 
wattage and number of individual sockets for CFLKs with any other 
socket type. The existing reporting requirements also require a 
declaration that CFLKs with any other socket type (i.e., not medium 
screw base or pin-based) meet the applicable design requirements. These 
requirements provide for certifying compliance with the January 1, 2007 
standards. DOE is proposing to replace these requirements and align the 
reporting requirements with the January 21, 2020 standards and 
proposing general certification requirements for CFLKs. DOE discusses 
these proposed updates in the sections as follows.
a. Efficacy
    The January 21, 2020 standards require that all lamps and 
integrated SSL packaged with CFLKs meet certain efficacy standards 
based on the lumens of the lamp. To reflect the January 21, 2020 
standards, DOE proposes to require a certification report to identify 
each basic model of lamp or integrated SSL circuitry packaged with the 
CFLK basic model and to provide the corresponding lumen output in 
lumens and the efficacy in lumens per watt (``lm/W'') for each lamp/SSL 
basic model. The inclusion of basic model number, associated lumen 
output, and efficacy in the certification report provides necessary 
data to determine whether the basic model of the lamp in the CFLK 
complies with the January 21, 2020 standards requiring a minimum 
efficacy based on the lumens of the lamp.
    The current test procedures and reporting requirements for various 
lighting products do not all use the same terms for lumen output and 
efficacy (e.g., lumen output, average lumen output, initial lumen 
output, rated lumen output, efficacy, lamp efficacy, initial lamp 
efficacy, system efficacy). DOE therefore proposes to use the common 
terms ``lumen output'' and ``efficacy'' to identify the required 
values, and to make conforming revisions to the rounding requirements 
at 10 CFR 429.33(c).
    DOE seeks comments on requiring the reporting of lumen output and 
efficacy to certify compliance to January 21, 2020 standards.
b. Lumen Maintenance, Lifetime, and Rapid Cycle Stress Test
    Both the January 1, 2007 standards and January 21, 2020 standards 
include, for medium screw base CFLs packaged with a CFLK, minimum 
requirements for lumen maintenance at 1,000 hours, lumen maintenance at 
40 percent of lifetime, lifetime, and the number of units in the tested 
sample that must pass the rapid cycle stress test. 10 CFR 
430.32(s)(3)(i) and (s)(6)(i). Currently, the reporting requirements do 
not reflect these requirements for CFLs packaged with CFLKs. DOE 
proposes to require these values to verify whether the information 
provided is consistent with the certifier's statement of compliance 
with the January 21, 2020 standards. Specifically, for CFLKs packaged 
with a medium screw base CFL, for each basic model of CFL, DOE proposes 
to require reporting lumen maintenance at 1,000 hours and lumen 
maintenance at 40 percent of lifetime in percentages; lifetime in 
hours; and the number of CFL units that pass rapid cycle stress 
testing. Similar to DOE's reporting requirements for CFLs sold 
individually (see 10 CFR 429.35), DOE proposes to allow certification 
of lumen maintenance at 40 percent of lifetime, lifetime, and rapid 
cycle stress testing of a medium screw base CFL in a CFLK to be based 
on estimations until testing is complete. This would allow new basic 
models of CFLKs with medium screw based CFLs to be distributed prior to 
completion of lifetime testing.
    DOE seeks comment on reporting lumen maintenance at 1,000 hours and 
at 40 percent of lifetime, lifetime, and the rapid cycle stress test 
results for medium screw base CFLs in CFLKs. DOE seeks comment on 
allowing estimates for lumen maintenance at 40 percent of lifetime, 
lifetime, and the rapid cycle stress test result.
c. Design Requirement Declarations
    The January 21, 2020 standards continue to require that CFLKs with 
pin-based sockets for fluorescent lamps must use an electronic ballast. 
10 CFR 430.32(s)(6)(ii). The current certification reporting 
requirements require for CFLKs with any socket type other than medium 
screw base or pin base a declaration that the basic model meets the 
applicable EPCA design requirement \10\ and that the features that have 
been incorporated into the ceiling fan light kit meet the applicable 
design requirement (e.g., circuit breaker, fuse, ballast). 10 CFR 
429.33(b)(3). DOE proposes to make this declaration more specific to 
existing requirements and require that, for a CFLK with a pin-based 
socket for a fluorescent lamp, the manufacturer provide in the 
certification report a declaration that that such a CFLK has an 
electronic ballast. This will allow DOE to verify whether the 
information provided is consistent with the certifier's statement of 
compliance with the January 21, 2020 standard requirement that a pin-
based socket fluorescent lamp in a CFLK have an electronic ballast. 10 
CFR 429.12(b).
---------------------------------------------------------------------------

    \10\ CFLKs that meet the January 21, 2020 efficacy standards are 
presumed to meet the EPCA-mandated 190 W limit requirement. See 42 
U.S.C. 6295(ff)(4)(C) and 10 CFR 430.32(s)(5).
---------------------------------------------------------------------------

    The January 21, 2020 standards also continue to require that, for 
all lamp types, the CFLK be packaged with lamps to fill all of the 
sockets. 10 CFR 430.32(s)(6). DOE proposes to require a declaration 
that the CFLK is packaged with lamps to fill all sockets of all lamp 
types (e.g., candelabra base, medium screw base, pin-based). The 
declaration provides DOE with data indicating whether the manufacturers 
have addressed the January 21, 2020 standard requirement that for all 
lamp types the CFLK is packaged with lamps to fill all of the sockets.
    DOE seeks comment on requiring a declaration that pin-based 
fluorescent lamps in CFLKs have an electronic ballast. DOE also seeks 
comment on requiring a declaration that the CFLK are packaged with 
lamps sufficient to fill all sockets.

[[Page 43129]]

d. Basic Model, Lamp Type, and Sample Size Requirements
    In this NOPR, DOE is also proposing certain certification reporting 
requirements for CFLKs to provide further specificity as to what is 
required to be reported. DOE is proposing to add language in 10 CFR 
429.33(b) stating that manufacturers must provide certification values 
for each basic model of lamp included in the basic model of CFLK under 
test. This will allow DOE to use the appropriate certification values 
to verify whether the information provided is consistent with the 
certifier's statement of compliance with January 21, 2020 standards. If 
the same basic model of lamp is used in multiple CFLK basic models, 
manufacturers may use the same set of test data for that basic model of 
lamp to show compliance for each CFLK basic model in which it is 
included.
    DOE is also proposing manufacturers provide the test sample size 
and kind of lamp for each basic model of a lamp and/or each basic model 
of integrated SSL circuitry packaged with a basic model of CFLK. 
Because pin-based socket fluorescent lamps and medium-based socket CFLs 
in CFLKs are lamp types subject to additional standards, the lamp type 
of the basic model in the CFLK is necessary to determine which product 
class the basic model falls into.
    Additionally, DOE is proposing that manufacturers provide, if 
applicable, a declaration that each basic model of lamp packaged with 
the basic model of CFLK was tested by an ILAC accredited laboratory. 
Lamps identified in 10 CFR 430.25 must be tested by laboratories with 
these accreditation requirements, and this declaration will allow DOE 
to verify whether the information provided is consistent with the 
certifier's statement of compliance with this requirement. DOE seeks 
comment on the other proposed amendments to the certification reporting 
requirements.
e. Rounding Requirements
    DOE is proposing rounding requirements for the certification 
reporting requirements proposed in this notice. DOE is proposing that 
lumen output be rounded to three significant digits; lumen maintenance 
at 1,000 hours and at 40 percent of lifetime be rounded to the nearest 
tenth of a percent; and lifetime be rounded to the nearest whole hour. 
Currently, DOE specifies that any represented value of initial lamp 
efficacy, system efficacy or luminaire efficacy be rounded to the 
nearest tenth. DOE is proposing to simplify this to state any 
represented value of efficacy be rounded to the nearest tenth.
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to align CFLK certification reporting 
requirements with the energy conservation standard requirements 
applicable to CFLKs manufactured on and after January 21, 2020.
    For CFLKs with sockets for medium screw base lamps, manufacturers 
currently report two values (i.e., efficacy, wattage), but would report 
four to nine values (e.g., efficacy, lumen output, test sample size, 
kind of lamp, a declaration of ILAC accreditation, lumen maintenance at 
40 percent of lifetime, lumen maintenance at 1,000 hours, lifetime, 
units passing rapid cycle stress test), depending on the kind of lamps 
packaged with the CFLK, if the proposed amendments are adopted. For 
CFLKs with pin-based sockets for fluorescent lamps, manufacturers 
currently report three values (i.e., efficacy, wattage, length of lamp) 
and would report five values (i.e., efficacy, lumen output, test sample 
size, kind of lamp, and a declaration of ILAC accreditation), if the 
proposed amendments are adopted. For CFLKs with lamps of other socket 
types, manufacturers currently report two values (i.e., wattage, number 
of individual sockets), but would report five values (i.e., efficacy, 
lumen output, test sample size, kind of lamp, and a declaration of ILAC 
accreditation), if the proposed amendments are adopted.
    DOE has tentatively determined that these proposed amendments would 
not impose additional costs for manufacturers because manufacturers of 
CFLKs are already submitting certification reports to DOE and should 
have readily available the information that DOE is proposing to collect 
as part of this rulemaking. DOE does not believe the revised reporting 
requirements will cause any measurable change in reporting burden or 
hours as compared to what CFLK manufacturers are currently doing today. 
DOE requests comment on the certification reporting costs of the 
amendments proposed for CFLKs.

B. GSILs and IRLs

1. Scope of Applicability
    This NOPR applies to GSILs and IRLs. DOE defines GSILs as a 
standard incandescent or halogen type lamp intended for general service 
applications; has a medium screw base; has a lumen range between 310-
2600 lumens or, in the case of a modified spectrum lamp, between 232-
1,950 lumens; and is capable of being operated at a voltage range at 
least partially within 110-130 volts. The GSIL definition does not 
include certain lamp types (see 10 CFR 430.2). 10 CFR 430.2. DOE 
defines IRLs as any lamp in which light is produced by a filament 
heated to incandescence by an electric current; contains an inner 
reflective coating on the outer bulb to direct the light; is not 
colored; is not designed for rough or vibration service applications; 
is not an R20 short lamp; has an R, PAR, ER, BR, BPAR,\11\ or similar 
bulb shapes with an E26 medium screw base; has a rated voltage or 
voltage range that lies at least partially in the range of 115-130 
volts; has a diameter that exceeds 2.25 inches; and has a rated wattage 
that is 40 watts or higher. 10 CFR 430.2.
---------------------------------------------------------------------------

    \11\ Reflector (``R''), parabolic aluminized reflector 
(``PAR''), elliptical reflector (``ER''), bulged reflector (``BR''), 
bulged parabolic aluminized reflector (``BPAR'').
---------------------------------------------------------------------------

2. Reporting
    Under the existing requirements in 10 CFR 429.27(b)(2)(ii) for IRLs 
manufacturers must report: (1) The testing laboratory's International 
Laboratory Accreditation Cooperation (``ILAC'') accreditation body's 
identification number or other approved identification assigned by the 
ILAC accreditation body; (2) production dates of the units tested; (3) 
the 12-month average lamp efficacy in lumens per watt (lm/W), and (4) 
lamp wattage (W).
    EISA 2007 established a CRI requirement for IRLs.\12\ In the June 
2021 NOPR, DOE is proposing to include a test method for determining 
CRI of IRLs. 86 FR 29888, 29902. To verify whether the information 
provided is consistent with the certifier's statement of compliance 
with standards, DOE is proposing to require the reporting of CRI for 
IRLs. Additionally, for IRLs DOE is proposing to require the reporting 
of rated voltage and lamp diameter. Because rated voltage and lamp 
diameter are used to determine the applicable energy conservation 
standards for IRLs, collecting this information helps DOE evaluate 
whether a basic model meets the appropriate energy conservation 
standard requirements (see 10 CFR 430.32(n)(6)). DOE is proposing to 
add rated voltage, lamp diameter and CRI for IRLs only for annual 
filing certification

[[Page 43130]]

reporting and not for the new basic model initial certification 
reporting. In the June 2021 NOPR, DOE is proposing to remove the 
requirement of submitting new basic model initial certification reports 
for IRLs. 86 FR 29888, 29905. Hence, in this NOPR, DOE does not propose 
to make changes to the initial certification reporting for IRLs. If the 
proposed removal of initial certification reports for IRLs is not 
adopted, DOE will add these values to the initial certification 
reporting requirements. DOE seeks comments on requiring the reporting 
of CRI to certify compliance with existing energy conservation standard 
requirements for IRLs. DOE also seeks comment on requiring the 
reporting of lamp diameter and rated voltage to help determine the 
applicable energy conservation standard for IRLs.
---------------------------------------------------------------------------

    \12\ Section 321(a) of EISA 2007 established CRI requirements 
for lamps that are intended for a general service or general 
illumination application (whether incandescent or not); have a 
medium screw base or any other screw base not defined in ANSI 
C81.61-2006; are capable of being operated at a voltage at least 
partially within the range of 110 to 130 volts; and are manufactured 
or imported after December 31, 2011.
---------------------------------------------------------------------------

    Under the existing requirements in 10 CFR 429.27(b)(2)(iii) for 
GSILs manufacturers must report: (1) The testing laboratory's ILAC 
accreditation body's identification number or other approved 
identification assigned by the ILAC accreditation body; (2) production 
dates of the units tested; (3) the 12-month average maximum rate 
wattage in watts (``W''); (4) the 12-month average minimum rated 
lifetime (hours), and (5) the 12-month average CRI. DOE is proposing to 
also require the reporting of initial lumen output for GSILs because 
the lamp lumens help DOE evaluate whether a basic model meets the 
appropriate energy conservation standard requirements (see 10 CFR 
430.32(x)). DOE seeks comment on requiring the reporting of initial 
lumen output to help determine the applicable energy conservation 
standard for GSILs.
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to align IRL certification reporting 
requirements with the existing energy conservation standard 
requirements. Additionally, it proposes to include reporting 
requirements for GSILs and IRLs that will help DOE determine applicable 
energy conservation standards for these products.
    For IRLs, manufacturers currently certify four values (i.e., ILAC 
accreditation, production dates, lamp efficacy, and lamp wattage), but 
would report seven values with the three additional proposed reporting 
values (i.e., CRI, lamp diameter, rated voltage), if the proposed 
amendments are adopted. For GSILs, manufacturers currently report five 
values (i.e., ILAC accreditation, production dates, wattage, lifetime, 
and CRI), but would report six values with the one additional proposed 
reporting value (i.e., lumens), if the proposed amendments are adopted. 
Note that in the June 2021 NOPR, DOE is proposing to remove the 
reporting of production dates for IRLs and GSILs. 86 FR 29888, 29905.
    DOE has tentatively determined that these proposed amendments would 
not impose additional costs for manufacturers because manufacturers of 
IRLs and GSILs are already submitting certification reports to DOE. 
Hence, manufacturers should have readily available the information that 
DOE is proposing to collect as part of this rulemaking because it is 
necessary to determine applicable energy conservation standards or to 
meet existing statutory requirements. DOE does not believe the revised 
reporting requirements will cause any measurable change in reporting 
burden or hours as compared to what manufacturers of IRLs and GSILs are 
currently doing today. DOE requests comment on the certification and 
reporting costs of the amendments proposed for IRLs and GSILs and 
whether it will result in an increase in reporting burden.

C. Ceiling Fans

1. Scope of Applicability
    The Energy Policy and Conservation Act defines ``ceiling fan'' as 
``a nonportable device that is suspended from a ceiling for circulating 
air via the rotation of fan blades.'' (42 U.S.C. 6291(49)) DOE codified 
the statutory definition in 10 CFR 430.2. In the July 2016 Final Rule, 
DOE stated that the test procedure applies to any product meeting this 
definition, including fans designed for applications where large 
airflow volume may be needed and highly decorative fans. 81 FR 48620, 
48622. DOE stated, however, that the ceiling fan test procedure does 
not apply to the following fans: belt-driven ceiling fans, centrifugal 
ceiling fans, oscillating ceiling fans, and ceiling fans whose blades' 
plane of rotation cannot be within 45 degrees of horizontal. Id.
2. Reporting
    Ceiling fan manufacturers must submit certification reports for 
ceiling fan basic models before they are distributed in commerce. 10 
CFR 429.12. The current requirements for certification reports for 
ceiling fans correspond to the design requirements specified in EPCA. 
(See 42 U.S.C. 6295(ff)(1)) These requirements are set forth at 10 CFR 
429.32(b), which requires reporting of the number of speeds within the 
ceiling fan controls, and a declaration that the manufacturer has 
incorporated the applicable design requirements. The current 
certification requirements do not reflect the amended energy 
conservation standards adopted in the January 2017 CF ECS final rule or 
the amended standards for large-diameter ceiling fans adopted by 
Congress in the Energy Act of 2020. 82 FR 6826; 42 U.S.C. 
6295(ff)(6)(C)(i), as codified; 86 FR 28469.
a. Small-Diameter Ceiling Fan Requirements
    In the September 2019 NOPR, DOE proposed to update the reporting 
requirements for ceiling fans to include product-specific information 
that would be required to certify compliance with the amended energy 
conservation standards established in January 2017 CF ECS final rule. 
84 FR 51440, 51450. DOE did not finalize the proposed requirements from 
the September 2019 NOPR and is revisiting the certification and 
rounding requirements in this NOPR with a new proposal.
    Product-specific information is necessary to determine the product 
class and minimum allowable ceiling fan efficiency that would be 
required to certify compliance with current energy conservation 
standards. For small-diameter ceiling fans, the product class (i.e., 
very small-diameter, standard, hugger, high-speed small-diameter) is 
determined using blade span (in), blade edge thickness (in), airflow 
(CFM) at high speed, blade revolutions per minute (``RPM'') at high 
speed, and the represented distance (in) between the ceiling and the 
lowest point on the fan blades. Further, identification of whether a 
small-diameter ceiling fan is a multi-head ceiling fan is necessary to 
determine applicable standards. Specifically, a multi-head ceiling fans 
require calculating ceiling fan efficiency differently than other 
small-diameter ceiling fans by including the airflow and power 
consumption of all fan heads (see section 4.1.1 of appendix U).
    Accordingly, DOE proposes to require that certification reports 
include the following public product-specific information for each 
ceiling fan basic model: (1) Blade span in inches; (2) ceiling fan 
efficiency in CFM/W; and (3) a declaration whether the fan is a multi-
head ceiling fan.
    For each ceiling fan basic model, DOE also proposes to require 
additional product-specific information, including: (1) Blade edge 
thickness (in), airflow (CFM) at high speed, and blade revolutions per 
minute (``RPM'') at high speed; and (2) for LSSD ceiling fans, the 
distance (in) between the ceiling and the lowest point on the fan 
blades. Manufacturers are already required to determine these values as 
part of the current test procedure for ceiling fans and would be 
required to use these

[[Page 43131]]

values to determine which amended energy conservation standards apply 
to their basic models.
    Further, DOE proposes to require reporting of standby power 
consumption (in watts) for small-diameter ceiling fans. DOE notes that 
standby power consumption is already required to be measured in section 
3.6 of appendix U and is an input into the calculation of ceiling fan 
efficiency in section 4 of appendix U. Therefore, DOE determines that 
the reporting of standby power for these ceiling fans will not result 
in an increase in reporting burden for manufacturers.
b. Large-Diameter Ceiling Fan Requirements
    The LDCF product class is identified based on blade span (in) only. 
In addition, consistent with the Energy Act of 2020, LDCFs must now 
meet two separate standards based on the CFEI metric, with one standard 
based on operation of the fan at high speed and a second standard based 
on operation of the fan at 40 percent speed or the nearest speed that 
is not less than 40 percent speed. (See 42 U.S.C. 
6295(ff)(6)(C)(i)(II), as codified) Accordingly, DOE proposes to amend 
the reporting requirements for LDCFs to require reporting blade span in 
inches, CFEI for high speed, and CFEI for 40 percent speed or the 
nearest speed that is not less than 40 percent speed.
c. Rounding Requirements
    DOE proposes amendments to 10 CFR 429.32 to specify that 
represented values are to be determined consistent with the test 
procedures in appendix U and to specify rounding requirements for 
represented values. DOE proposes that manufacturers round any 
represented value of ceiling fan efficiency for small diameter ceiling 
fans, expressed in CFM/W, to the nearest whole number. Additionally, 
for large diameter fans, DOE proposes to specify that any represented 
value of CFEI must be rounded to the nearest hundredth of a CFEI.
    DOE seeks comment on the proposed updated reporting requirements 
for small-diameter ceiling fans and LDCFs.
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to align ceiling fan certification 
reporting requirements with the energy conservation standard 
requirements applicable to ceiling fans manufactured on and after 
January 21, 2020, and with the May 2021 Technical Amendment.
    For all ceiling fans, manufacturers currently report two fields 
(i.e., the number of speeds within the ceiling fan controls and a 
declaration that the manufacturer has incorporated the applicable 
design requirements). 10 CFR 429.32(b)(2). For small-diameter ceiling 
fans, manufacturers would be required to additionally report five to 
eight fields (i.e., blade span, CFM/W, standby power, a declaration 
whether the fan is a multi-head ceiling fan, blade edge thickness, CFM 
and RPM at high speed, and the represented distance between the ceiling 
and the lowest point on the fan blades), if the proposed amendments are 
adopted. For large-diameter ceiling fans, manufacturers would be 
required to additionally report three fields (i.e., blade span, CFEI 
for high speed and 40 percent speed or the nearest speed that is not 
less than 40 percent speed), if the proposed amendments are adopted.
    DOE has tentatively determined that these proposed amendments would 
not impose additional costs for manufacturers because manufacturers of 
ceiling fans are already submitting certification reports to DOE and 
should have readily available the information that DOE is proposing to 
collect as part of this rulemaking. Any added fields are reflective of 
the product-specific information needed to verify whether the 
information provided is consistent with the certifier's statement of 
compliance with the energy conservation standard requirements 
applicable to ceiling fans manufactured on and after January 21, 2020, 
established in January 2017 CF ECS final rule and the Energy Act of 
2020. DOE does not believe the revised reporting requirements will 
cause any measurable change in reporting burden or hours as compared to 
the current requirements for ceiling fan manufacturers. DOE seeks 
comment on the certification and reporting costs of the amendments 
proposed for ceiling fans.

D. Consumer Furnaces and Boilers

1. Scope of Applicability
    EPCA defines the term ``furnace'' to mean a product which utilizes 
only single-phase electric current, or single-phase electric current or 
DC current in conjunction with natural gas, propane, or home heating 
oil, and which: (1) Is designed to be the principal heating source for 
the living space of a residence; (2) is not contained within the same 
cabinet with a central air conditioner whose rated cooling capacity is 
above 65,000 Btu per hour; (3) is an electric central furnace, electric 
boiler, forced-air central furnace, gravity central furnace, or low 
pressure steam or hot water boiler; and (4) has a heat input rate of 
less than 300,000 Btu per hour for electric boilers and low pressure 
steam or hot water boilers and less than 225,000 Btu per hour for 
forced-air central furnaces, gravity central furnaces, and electric 
central furnaces. (42 U.S.C. 6291(23)) DOE has codified this definition 
at 10 CFR 430.2, where it also defines ``electric central furnace,'' 
``electric boiler,'' ``forced-air central furnace,'' ``gravity central 
furnace,'' and ``low pressure steam or hot water boiler''.
    The changes proposed in this section apply to non-weatherized oil-
fired furnaces, electric furnaces, and consumer boilers meeting the 
definitions in 10 CFR 430.2.
2. Reporting
    Consumer furnace and boiler manufacturers currently must provide 
the AFUE in percent and the input capacity in British thermal units per 
hour (``Btu/h'') in their certification report. In addition, for cast-
iron sectional boilers, manufacturers must include the type of ignition 
system for gas-fired steam and hot water boilers and a declaration of 
whether certification is based on linear interpolation or testing. For 
hot water boilers, manufacturers must also include a declaration that 
the manufacturer has incorporated the applicable design requirements. 
For multi-position furnaces, the AFUE reported for each basic model 
must be based on testing in the least-efficient configuration, but 
manufacturers can optionally report and make representations of 
additional AFUE values based on testing in other configurations. 10 CFR 
429.18(b). DOE proposes to modify some of these requirements and add 
new requirements to better align with the existing standards and aid in 
determining which energy conservation standards apply to a given basic 
model for non-weatherized oil-fired consumer furnaces (including mobile 
home furnaces), electric consumer furnaces, and consumer boilers. The 
specific changes are discussed in more detail in the following 
sections.
a. Standby Mode and Off Mode Energy Consumption
    DOE's current standby mode and off mode energy consumption 
standards for non-weatherized oil-fired furnaces (including mobile home 
furnaces), electric furnaces, and consumer boilers are in terms of 
PW,SB and PW,OFF (watts). 10 CFR 
430.32(e)(1)(iii) and (e)(2)(iii)(B). However, the reporting 
requirements for consumer furnaces and boilers at 10 CFR 429.18 do not 
include a requirement to certify the standby mode

[[Page 43132]]

and off mode energy consumption of non-weatherized oil-fired furnaces 
(including mobile home furnaces), electric furnaces, or consumer 
boilers. Therefore, DOE proposes to require that manufacturers report 
values for PW,SB and PW,OFF in their 
certification reports for non-weatherized oil-fired furnaces (including 
mobile home furnaces), electric furnaces, and consumer boilers.
    Additionally, some manufacturers of consumer furnaces and consumer 
boilers use identical controls and electrical components across various 
models and/or product lines with different characteristics (e.g., input 
capacity) and across AFUE levels. The differences in characteristics 
may prevent these basic models from being grouped as a single basic 
model, but because the basic models have identical controls and 
electrical components affecting standby mode and off mode energy 
consumption, the standby mode or off mode test result would be expected 
to be the same for both models. Therefore, DOE proposes that if all 
electrical components that would impact the standby mode and off mode 
energy consumption are identical between multiple basic models, 
manufacturers can optionally test only one of the basic models and use 
test data from that basic model to rate the standby mode and off mode 
consumption for other basic models having identical controls and 
electrical components affecting standby mode and off mode energy 
consumption.
b. Type of Ignition System for Gas-Fired Consumer Boilers
    The energy conservation standards for consumer boilers specify that 
for gas-fired hot water boilers and gas-fired steam boilers, a 
constant-burning pilot ignition system is not permitted. 10 CFR 
430.32(e)(2)(iii). Currently, manufacturers are required to certify the 
type of ignition system only for cast iron sectional gas-fired hot 
water and steam boilers. 10 CFR 429.18(b)(2)(ii). ``Cast iron 
sectional'' refers to the construction of the boiler heat exchanger, 
which is composed of cast iron sections. The energy conservation 
standards are not limited to only consumer boilers with cast iron 
sectional heat exchangers, but rather are applicable to all gas-fired 
hot water boilers and gas-fired steam boilers, including those with 
heat exchangers made from other materials (e.g., copper, aluminum, 
stainless steel). Therefore, DOE proposes to modify the reporting 
requirement for the type of ignition system such that the type of 
ignition system must be certified for all gas-fired hot water boilers 
and gas-fired steam boilers. This change would allow DOE to confirm 
that the manufacturer-reported type of ignition system for a given 
basic model meets the design requirement for all types of gas-fired hot 
water boilers and gas-fired steam boilers. In addition, 10 CFR 
429.18(b)(3) requires that for hot water boilers, the manufacturer 
include in their certification report a declaration that the 
manufacturer has incorporated the applicable design requirements. As 
discussed, the standards for gas-fired steam boilers also include a 
design requirement that use of a constant-burning pilot ignition is not 
permitted. Therefore, DOE proposes to update the reporting requirements 
in 10 CFR 429.18(b)(3) to require that manufacturers of gas-fired steam 
boilers also include a declaration in the certification report that the 
basic model meets the design requirement criterion.
c. Rounding Requirements
    DOE is proposing rounding requirements for the certification 
reporting requirements proposed in this notice for standby mode and off 
mode energy consumption. Specifically, DOE proposes to require that 
values for standby mode and off mode energy consumption be rounded to 
the nearest 0.1 watts.
    In addition, the represented value of AFUE currently must be 
truncated to one-tenth of a percentage point. 10 CFR 429.18(a)(2)(vii). 
DOE proposes to modify this requirement to state that AFUE must be 
rounded to the nearest one-tenth of a percentage point. This change, if 
adopted, would treat consumer furnaces and boilers in a manner 
consistent with other types of covered products and equipment, for 
which represented values are generally required to be rounded rather 
than truncated. DOE notes that this change could only increase the 
represented AFUE value, and as such manufacturers would have an option 
of whether to re-rate the AFUE of existing models that would be 
impacted by this change.
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to align consumer furnace and boiler 
certification reporting requirements with the existing energy 
conservation standard requirements.
    For non-weatherized oil-fired consumer furnaces (including mobile 
home furnaces), electric consumer furnaces, and consumer boilers, the 
proposed changes, if finalized, would require manufacturers to report 
two additional values (i.e., PW,SB and PW,OFF) in 
their annual certification reports. For gas-fired hot water and gas-
fired steam boiler models that are not cast-iron sectional boilers, the 
proposed changes, if finalized, would require additional reporting of 
the type of ignition system.
    Manufacturers of consumer furnaces and boilers are currently 
required to certify various items to DOE, depending on the product 
class and applicable standards, which can include AFUE, input rate, 
type of ignition system, and whether applicable design requirements are 
incorporated. Because manufacturers of these products are already 
submitting certification reports to DOE and should have readily 
available the information that DOE is proposing to collect as part of 
this rulemaking, DOE does not believe the revised reporting 
requirements would cause any appreciable change in reporting burden or 
hours as compared to what consumer furnace and boiler manufacturers do 
currently. Additionally, because the proposed AFUE rounding requirement 
would only increase represented AFUE values, manufacturers may choose 
to maintain current AFUE ratings; therefore, DOE does not expect any 
cost associated with this proposal.
    The only product class for which no certification reporting is 
currently required is electric steam boilers, as there is no AFUE 
standard or design requirement for this class. However, there are 
standby mode and off mode standards for electric steam boilers, so the 
addition of reporting requirements for PW,SB and 
PW,OFF would require new certification reporting for 
electric steam boilers, if manufacturers are not already doing so. 
Costs associated with the proposed updates to reporting requirements 
are discussed in section IV.C of this document. DOE requests comment on 
its proposed changes to the reporting requirements for consumer 
furnaces and boilers, including any cost impacts.

E. Grid-Enabled Water Heaters

1. Scope of Applicability
    As discussed in section I.B.5 of this document, DOE defines a 
``grid-enabled water heater'' at 10 CFR 430.2, consistent with EPCA's 
definition at 42 U.S.C. 6295(e)(6)(A)(ii), to mean an electric 
resistance water heater that has a rated storage tank volume of more 
than 75 gallons, is manufactured on or after April 16, 2015, is 
equipped at the point of manufacture with an activation lock, and bears 
a permanent label applied by the manufacturer that is made of material 
not adversely affected by water, is attached by means of a non-water-
soluble adhesive, and advises purchasers and end-users of the intended 
and appropriate use of the

[[Page 43133]]

product as part of an electric thermal storage or demand response 
program.
2. Reporting
    Currently, for grid-enabled consumer water heater basic models, 
manufacturers are required to report the uniform energy factor 
(``UEF''), the rated storage volume in gallons, the first-hour rating 
in gallons, the recovery efficiency in percent, a declaration that the 
model is a grid-enabled water heater, whether it is equipped at the 
point of manufacture with an activation lock, and whether it bears a 
permanent label applied by the manufacturer that advises purchasers and 
end-users of the intended and appropriate use of the product. 10 CFR 
429.17(b)(2)(iii).
    EPCA, as amended, requires manufacturers to report the quantity of 
grid-enabled water heaters that the manufacturer ships each year and 
requires DOE to keep the shipment data reported by manufacturers as 
confidential business information.\13\ (42 U.S.C. 6295(e)(6)(C)(i)-
(iii)) As stated in section I.B.5 of this document, the August 2015 
final rule, which established definitions and energy conservation 
standards for grid-enabled water heaters, did not establish provisions 
to require the reporting of shipments by manufacturers. 80 FR 48004, 
48009-48010 (August 11, 2015). Therefore, DOE is proposing to add 
reporting requirements to 10 CFR 429.17 that would require 
manufacturers to report the total number of grid-enabled water heaters 
shipped each year for sale in the U.S., along with the calendar year 
that the shipments cover, in accordance with the aforementioned 
requirement of EPCA. DOE also proposes to clarify that the annual 
shipments of grid-enabled water heaters reported by manufacturers will 
be treated as confidential business information by the Department. 
Because the annual shipments of grid-enabled water heaters would be 
treated differently than other water heater reporting requirements 
(i.e., the shipments would be reported on an annual basis rather than 
ongoing based on model availability; and the reported shipments will be 
treated as confidential business information), DOE is proposing that 
the annual shipments be reported separately from the other 
certification reporting requirements for water heaters in 10 CFR 
429.17(b).
---------------------------------------------------------------------------

    \13\ EPCA also requires that utilities and other demand response 
and thermal storage program operators report annually the quantity 
of grid-enabled water heaters activated for their programs. (42 
U.S.C. 6295(e)(6)(C)(ii))
---------------------------------------------------------------------------

3. Reporting Costs and Impacts
    The addition of reporting requirements for annual shipments of 
grid-enabled consumer water heaters would newly require manufacturers 
to report this information. DOE discusses reporting cost impacts 
corresponding to this proposal in section IV.C of this document. DOE 
requests comment on its proposal to add new reporting requirements for 
the number of annual shipments of grid-enabled consumer water heaters, 
and on its proposal that this information be reported separately from 
the information that is currently required to be reported under 10 CFR 
429.17(b).

F. Dishwashers

1. Scope of Applicability
    This NOPR applies to dishwashers, which are cabinet-like appliances 
which with the aid of water and detergent, wash, rinse, and dries (when 
a drying process is included) dishware, glassware, eating utensils, and 
most cooking utensils by chemical, mechanical and/or electrical means 
and discharge to the plumbing drainage system. 10 CFR 430.2.
2. Reporting
    Under the existing requirements in 10 CFR 429.19(b), a 
certification report must include the following public product-specific 
information: The estimated annual energy use in kilowatt hours per year 
(kWh/yr) and the water consumption in gallons per cycle. 10 CFR 
429.19(b)(2). In addition, a certification report must include the 
following additional product-specific information: The capacity in 
number of place settings as specified in ANSI/AHAM DW-1-2010; presence 
of a soil sensor (if yes, the number of cycles required to reach 
calibration); the water inlet temperature used for testing in degrees 
Fahrenheit ([deg]F); the cycle selected for energy testing and whether 
that cycle is soil-sensing; the options selected for the energy test; 
and presence of a built-in water softening system (if yes, the energy 
use in kilowatt-hours and the water use in gallons required for each 
regeneration of the water softening system, the number of regeneration 
cycles per year, and data and calculations used to derive these 
values). 10 CFR 429.19(b)(3).
    In conducting testing according to DOE's test procedure, section 
2.10 of appendix C1 specifies using Cascade[supreg] with the Grease 
Fighting Power of Dawn[supreg] powder as the detergent formulation, at 
half the quantity specified according to section 4.1 of the industry 
standard ANSI/Association of Home Appliance Manufacturers (``AHAM'') 
DW-1-2010 (``ANSI/AHAM DW-1-2010''). During AHAM task group meetings in 
2020 to establish an updated version of the industry standard, in which 
DOE participated, AHAM informed DOE that Cascade[supreg] with the 
Grease Fighting Power of Dawn[supreg] has been discontinued and has 
been replaced with Cascade[supreg] Complete. AHAM has updated its 
industry standard to specify the use of Cascade[supreg] Complete for 
testing.\14\ Given that the currently specified detergent is no longer 
available on the market, DOE expects that manufacturers may need to (or 
have already had to) switch to the new detergent formulation to conduct 
testing according to appendix C1.
---------------------------------------------------------------------------

    \14\ See AHAM DW-1-2020 and AHAM DW-2-2020, available at 
www.aham.org.
---------------------------------------------------------------------------

    DOE seeks to ensure that any assessment or enforcement testing 
conducted pursuant to 10 CFR 429.104 and 429.110, respectively, would 
be performed using the same detergent used by the manufacturer for 
certifying compliance with the applicable energy conservation standard. 
Therefore, DOE is proposing to require manufacturers to indicate in the 
certification report whether Cascade[supreg] Complete powder was used 
as the detergent formulation in lieu of Cascade[supreg] with the Grease 
Fighting Power of Dawn[supreg]. DOE proposes to add this requirement to 
the list of additional product-specific information specified at 10 CFR 
429.19(b)(3).
    DOE also proposes to reorganize the requirements specified at 10 
CFR 429.19(b)(3) as a numbered list for easier readability.
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to add one additional reported value for 
dishwashers tested using the new detergent formulation that replaces 
the currently specified detergent formulation. DOE has tentatively 
determined that the proposed amendment would not impose additional 
costs for manufacturers because manufacturers of dishwashers are 
already submitting certification reports to DOE and should have readily 
available the information that DOE is proposing to collect as part of 
this rulemaking (i.e., whether a dishwasher model was tested using 
Cascade[supreg] Complete powder as the detergent formulation in lieu of 
Cascade[supreg] with the Grease Fighting Power of Dawn[supreg]). DOE 
does not believe the revised reporting requirements would cause any 
measurable change in reporting burden or hours as compared to what

[[Page 43134]]

dishwasher manufacturers are currently doing today.
    DOE requests comment on the proposed reporting requirement for 
dishwashers, including any corresponding certification and reporting 
costs.

G. Commercial Clothes Washers

1. Scope of Applicability
    This NOPR applies to commercial clothes washers, which means a 
soft-mounted front-loading or soft-mounted top-loading clothes washer 
that: (1) Has a clothes container compartment that for horizontal-axis 
clothes washers is not more than 3.5 cubic feet, and for vertical-axis 
clothes washers is not more than 4.0 cubic feet; and (2) is designed 
for use in applications in which the occupants of more than one 
household will be using the clothes washer, such as multi-family 
housing common areas and coin laundries; or other commercial 
applications. 10 CFR 431.152; 42 U.S.C. 6311(21).
2. Reporting
    Under the existing requirements in 10 CFR 429.46(b), a CCW 
certification report must include the following public information: The 
modified energy factor (MEFJ2) in cu ft/kWh/cycle and the 
integrated water factor (IWF) in gal/cu ft/cycle. 10 CFR 
429.46(b)(2)(ii). DOE also maintains reporting requirements at 10 CFR 
429.46(b)(2)(i) for models tested using Appendix J1, which as of 
January 1, 2018 is no longer used as the basis for demonstrating 
compliance with energy conservation standards.
    In this NOPR, DOE proposes to remove the reporting requirements 
currently specified at 10 CFR 429.46(b)(2)(i) for models tested using 
appendix J1. As discussed, appendix J1 is used as the basis for 
demonstrating compliance with energy conservation standards for CCWs 
manufactured prior to January 1, 2018. DOE also proposes to update the 
term ``water factor'' in 10 CFR 429.46(a)(2)(i) to ``integrated water 
factor'' to match the current metric used as the basis for 
standards.\15\
---------------------------------------------------------------------------

    \15\ Prior to January 1, 2018, the water efficiency standard for 
CCWs was defined using the Water Factor metric.
---------------------------------------------------------------------------

    In addition, DOE proposes to amend the CCW certification reporting 
requirements by adding to the list of reported values the clothes 
container capacity (in cubic feet), the type of loading (top-loading or 
front-loading), and the corrected RMC value (expressed as a 
percentage), as discussed in the following sections. DOE also proposes 
rounding instructions for each newly reported value.
a. Clothes Container Capacity
    DOE's definition of ``commercial clothes washer'' at 10 CFR 
431.152, which is consistent with the EPCA definition (see 42 U.S.C. 
6311(21)), incorporates clothes container capacity, among other 
characteristics. Specifically, equipment meeting the definition of CCW 
has a clothes container compartment that for horizontal-axis clothes 
washers is not more than 3.5 cubic feet, and for vertical-axis clothes 
washers is not more than 4.0 cubic feet (among other criteria). 10 CFR 
431.152. Clothes container capacity is also a key parameter in the 
calculation of MEFJ2 and IWF, in that capacity is used to 
represent the per-cycle energy and water use on per-cubic-foot of 
capacity basis. To verify whether the information provided is 
consistent with the certifier's statement of compliance with standards, 
DOE is proposing to amend 10 CFR 429.46(b)(2) to add clothes container 
capacity (in cubic feet) to the information required to be included in 
the certification report.
    DOE also proposes accompanying sampling provisions for determining 
the reported values for capacity. Specifically, DOE proposes to add new 
section 10 CFR 429.46(a)(3), which would specify that the reported 
capacity of a basic model shall be the mean of the measured clothes 
container capacity, C, of all tested units of the basic model. This new 
section would parallel the existing requirement for RCWs in 10 CFR 
429.20(a)(3).
b Axis of Loading
    DOE has established equipment classes for CCWs defined by axis of 
loading (i.e., top-loading and front-loading). Separate energy 
conservation standards apply to each class. 10 CFR 431.156. As such, 
the axis of loading is integral in determining the energy conservation 
standard that applies to each basic model. DOE is proposing to amend 10 
CFR 429.46(b)(2) to add the type of loading (top-loading or front-
loading) to the information required to be included in the 
certification report.
c. Remaining Moisture Content
    DOE specifies product-specific enforcement provisions for ``clothes 
washers'', which includes both RCWs and CCWs. 10 CFR 429.134(c). 
Specifically, 10 CFR 429.134(c)(1) specifies provisions for the 
determination of remaining moisture content (``RMC''): \16\ The 
procedure for determining RMC will be performed once in its entirety 
for each unit tested. The measured RMC value of a tested unit will be 
considered the tested unit's final RMC value if the measured RMC value 
is within two RMC percentage points of the certified RMC value of the 
basic model (expressed as a percentage) or is lower than the certified 
RMC value. 10 CFR 429.134(c)(1)(i). If the measured RMC value of a 
tested unit is more than two RMC percentage points higher than the 
certified RMC value of the basic model, DOE will perform two additional 
replications of the RMC measurement procedure, for a total of three 
independent RMC measurements of the tested unit. The average of the 
three RMC measurements will be the tested unit's final RMC value and 
will be used as the basis for the calculation of per-cycle energy 
consumption for removal of moisture from the test load for that unit. 
10 CFR 429.134(c)(1)(ii).
---------------------------------------------------------------------------

    \16\ The RMC measurement is used to determine the per-cycle 
energy consumption for removal of moisture from the test load; i.e., 
the ``drying energy'' portion of the MEFJ2 calculation.
---------------------------------------------------------------------------

    The application of this product-specific enforcement provision for 
clothes washers requires a certified value of ``corrected'' RMC \17\ 
for each basic model. Therefore, DOE is proposing to amend 10 CFR 
429.46(b)(2) to add the corrected RMC value (expressed as a percentage) 
to the information required to be included in the certification report.
---------------------------------------------------------------------------

    \17\ ``Corrected'' RMC refers to the final RMC value obtained in 
appendix J2 after applying specified correction factors (based on 
the lot of test cloth used for testing) to the ``uncorrected'' RMC 
value.
---------------------------------------------------------------------------

    DOE also proposes accompanying sampling provisions for determining 
the reported values for corrected RMC. Specifically, DOE proposes to 
add new section 10 CFR 429.46(a)(4), which would specify that the 
reported value of corrected RMC of a basic model shall be the mean of 
the final RMC value measured for all tested units of the basic model. 
This new section would parallel the existing requirements for RCWs in 
10 CFR 429.20(a)(4).
d. Rounding Instructions
    DOE proposes to specify at new section 10 CFR 429.46(c) that 
clothes container capacity must be rounded to the nearest 0.1 cubic 
feet (``cu ft''), and that corrected RMC must be rounded to the nearest 
0.1 percentage point. These rounding instructions would be consistent 
with the existing rounding instructions for RCWs specified at 10 CFR 
429.20(c).

[[Page 43135]]

3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to add three additional reported values 
for CCWs (i.e., the clothes container capacity, the type of loading, 
and the corrected RMC value). Currently, manufacturers report two 
values, as described in the previous section.
    DOE has tentatively determined that the proposed amendment would 
not impose additional costs for manufacturers because manufacturers of 
CCWs are already submitting certification reports to DOE and should 
have readily available the information that DOE is proposing to collect 
as part of this rulemaking. In particular, the clothes container 
capacity and corrected RMC values are already measured as part of the 
test procedure and are required for calculating the MEFJ2 
metric. DOE does not believe the revised reporting requirements would 
cause any measurable change in reporting burden or hours as compared to 
what CCW manufacturers are currently doing today.
    DOE seeks comment on its proposal to change the reporting 
requirements, specify rounding instructions, and specify sampling 
provisions for certain reported values for CCWs, including any 
corresponding certification and reporting costs.

H. Battery Chargers

1. Scope of Applicability
    This NOPR applies to battery chargers, which means a device that 
charges batteries for consumer products, including battery chargers 
embedded in other consumer products. 10 CFR 430.2.
2. Reporting
    Under the existing requirements in 10 CFR 429.39(b), a 
certification report must include the following public product-specific 
information for all battery chargers other than uninterruptable power 
supplies: Nameplate battery voltage of the test battery in volts (V), 
nameplate battery charge capacity of the test battery in ampere-hours 
(Ah), nameplate battery energy capacity of the test battery in watt-
hours (Wh), maintenance mode power (Pm), standby mode power 
(Psb), off mode power (Poff), battery discharge 
energy (Ebatt), 24-hour energy consumption (E24), 
duration of the charge and maintenance mode test (tcd), and 
unit energy consumption (UEC). 10 CFR 429.39(b)(2).
    In addition, a certification report must include the following 
additional product-specific information for all battery chargers other 
than uninterruptible power supplies: The manufacturer and model of the 
test battery, and the manufacturer and model, when applicable, of the 
external power supply. 10 CFR 429.39(b)(3).
    Certification reports must also include the following product-
specific information for all uninterruptible power supplies: Supported 
input dependency mode(s); active power in watts (W); apparent power in 
volt-amperes (VA); rated input and output voltages in volts (V); 
efficiencies at 25 percent, 50 percent, 75 percent and 100 percent of 
the reference test load; and average load adjusted efficiency of the 
lowest and highest input dependency modes. 10 CFR 429.39(b)(4).
    DOE notes that 10 CFR 429.12(a) states that basic models of covered 
products require annual filings on or before the dates provided in 10 
CFR 429.12(d) but paragraph (d) does not specifically list an annual 
filing date for battery chargers. In light of this omission, DOE 
proposes to explicitly specify in 10 CFR 429.12(d) that battery 
chargers be recertified annually on or before September 1.
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes no changes to the reported information 
required for battery chargers. DOE only proposes to specify the annual 
date by which manufacturers must submit annual certification filings to 
DOE. DOE has tentatively determined that the proposed amendment would 
not impose additional costs for manufacturers because manufacturers of 
battery chargers are already submitting certification reports to DOE. 
DOE does not believe the revised reporting requirements would cause any 
measurable change in reporting burden or hours as compared to what 
battery charger manufacturers are currently doing today.
    DOE requests comment on the proposed annual filing date for battery 
chargers and any corresponding certification and reporting costs.

I. Dedicated-Purpose Pool Pumps

1. Scope of Applicability
    This NOPR applies to DPPPs, which comprises self-priming pool 
filter pumps, non-self-priming pool filter pumps, waterfall pumps, 
pressure cleaner booster pumps, integral sand-filter pool pumps, 
integral-cartridge filter pool pumps, storable electric spa pumps, and 
rigid electric spa pumps. 10 CFR 431.462. In the August 2017 Final 
Rule, DOE adopted certification and reporting requirements for DPPPs. 
82 FR 36858, 36908.
2. Reporting
    Under the existing requirements in 10 CFR 429.59(b)(2)(iv) and 
(b)(3)(iv), there are requirements for certification reports for DPPPs 
subject to the test methods prescribed in Sec.  431.464(b). However, in 
10 CFR 429.12, certification is only required for covered equipment 
subject to an applicable energy conservation standard, and certain 
DPPPs that are subject to the test method, specifically waterfall pumps 
and polyphase self-priming pool filter pumps, are not subject to an 
energy conservation standard. Therefore, in this NOPR, DOE proposes to 
clarify the reporting requirements by removing the language in 10 CFR 
429.59(b)(2)(iv) and (b)(3)(iv) that references the test method (as 
well as a reference to waterfall pumps). In addition, DOE would amend 
the same provisions to specify that they do not apply to integral 
cartridge-filter and sand filter pool pumps. Rather, because those 
pumps are subject to design requirements, they have separate reporting 
requirements in 10 CFR 429.59(b)(2)(v).
3. Reporting Costs and Impacts
    In this NOPR, DOE proposes to clarify the existing certification 
requirements for DPPPs. Therefore, DOE has tentatively determined that 
the proposed amendment would not impose additional costs or burden for 
manufacturers.
    DOE requests comment on its proposal to clarify the certification 
requirement for certain models of DPPPs.

J. Draft Certification Templates for Review

    To help interested parties better understand and review the 
proposed amendments discussed in the earlier sections of this NOPR, DOE 
has developed a draft document that includes example tables showing the 
certification report template inputs as would be required in accordance 
with the proposals in this NOPR, if finalized.\18\ (The draft reporting 
template requirements will be made available in docket number EERE-
2012-BT-STD-0045, available at https://www.regulations.gov, upon 
publication of this NOPR.) The draft tables also include the data entry 
requirements for each field in the certification report input table.
---------------------------------------------------------------------------

    \18\ The draft document does not include battery chargers or 
DPPPs, as DOE is not proposing any amendments to the reporting 
requirements for those products, as discussed in sections III.H and 
III.I of this document.
---------------------------------------------------------------------------

    The draft certification table headers are not reflective of the 
final

[[Page 43136]]

certification regulations that may be adopted by a subsequent final 
rule, nor do they represent the entirety of the information required in 
a certification report. Upon completion of this rulemaking, DOE will 
revise the reporting templates to reflect the final certification 
regulations once DOE has received approval from the Office of 
Management and Budget (OMB) to collect the revised information. The 
specific templates that should be used for certifying compliance of 
covered products and equipment to DOE are available for download at 
https://www.regulations.doe.gov/ccms/templates.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    OMB has determined that this rulemaking does not constitute a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). 
Accordingly, this action was not subject to review under the Executive 
order by the Office of Information and Regulatory Affairs (``OIRA'') at 
OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: (https://energy.gov/gc/office-general-counsel).
    DOE has tentatively concluded that the removal of outdated 
reporting requirements and the addition of new reporting requirements 
as proposed in this NOPR would not impose additional costs for 
manufacturers of CFLKs, GSILs, and IRLs, ceiling fans, consumer 
furnaces and boilers (except electric steam boilers), dishwashers, 
CCWs, battery chargers, and DPPPs for the reasons discussed in section 
III of this document. For these products and equipment, DOE has 
tentatively determined that the proposed amendments would not impose 
additional costs for manufacturers because manufacturers are already 
submitting certification reports to DOE and should have readily 
available the information that DOE is proposing to collect as part of 
this rulemaking, and for DPPPs, the proposed amendments clarify the 
existing reporting requirements. Consequently, for these types of 
covered products and equipment, the changes proposed in this NOPR would 
not be expected to have a significant economic impact on related 
entities regardless of size.
    However, for electric steam boilers, no certification is currently 
required. This proposal would amend 10 CFR 429.18 to include a 
requirement to certify the standby mode and off mode energy consumption 
for electric steam boilers. This amendment aligns the certification 
requirements with the existing energy conservation standard 
requirements. 10 CFR 430.32(e)(1)(iii) and (e)(2)(iii)(B). For electric 
steam boiler manufacturers that are not already certifying, there could 
be additional paperwork costs. Likewise, for grid-enabled water 
heaters, this proposal would add reporting requirements to align with 
the requirements of EPCA. EPCA, as amended, requires manufacturers to 
report the quantity of grid-enabled water heaters that the manufacturer 
ships each year and requires DOE to keep the shipment data reported by 
manufacturers as confidential business information. (42 U.S.C. 
6295(e)(6)(C)(i)-(iii)) Therefore, grid-enabled water heater 
manufacturers would incur additional paperwork costs.
    The Small Business Administration (``SBA'') considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. The size standards and codes are established by the 2017 
North American Industry Classification System (``NAICS'').
    Electric steam boiler manufacturers are classified under NAICS code 
333414, ``Heating Equipment (except Warm Air Furnaces) Manufacturing.'' 
The SBA sets a threshold of 500 employees or fewer for an entity to be 
considered as a small business in this category. DOE used available 
public information to identify potential small manufacturers. DOE 
accessed the Compliance Certification Database \19\ and reviewed 
manufacturer literature to create a list of companies that import or 
otherwise manufacture the electric steam boilers covered by this 
proposal. Using these sources, DOE identified four manufacturers of 
electric steam boilers. All four manufacturers are small businesses. 
DOE estimates that the increased certification burden would result in 
35 hours per manufacturer to develop the required certification 
reports. Therefore, based on a fully burdened labor rate of $100 per 
hour, the estimated total annual cost to manufacturers would be $3,500 
per manufacturer.\20\ Using available public information, DOE estimated 
the annual revenue for all four small businesses that manufacture 
electric steam boilers. The small business with the least annual 
revenue has an annual revenue of approximately $5.4 million. Therefore, 
this additional certification cost of $3,500 per manufacturer 
represents significantly less than 1 percent of each identified 
manufacturer's annual revenue.
---------------------------------------------------------------------------

    \19\ U.S. Department of Energy Compliance Certification 
Management System (Available at: https://www.regulations.doe.gov/ccms).
    \20\ The estimates of 35 hours per response and $100 per hour 
fully burdened labor rate are based on the collection of information 
estimates for consumer products and commercial/industrial equipment 
subject to energy or water conservation standards. See 82 FR 57240 
(Dec. 4, 2017).
---------------------------------------------------------------------------

    Grid-enabled water heater manufacturers are classified under NAICS 
code 335220, ``Major Household Appliance Manufacturing.'' The SBA sets 
a threshold of 1,500 employees or fewer for an entity to be considered 
as a small business in this category. DOE used available public 
information to identify potential small manufacturers. DOE accessed the 
Compliance Certification Database \21\ and the certified product 
directory of the Air Conditioning, Heating and Refrigeration Institute 
\22\ (``AHRI''), and the Department also reviewed manufacturer 
literature. These actions allowed DOE to create a list of companies 
that import or otherwise manufacture the grid-enabled water heaters. 
Using these sources, DOE identified five manufacturers of grid-enabled 
water heaters. The five manufacturers exceed the SBA threshold to be 
considered a small business. Thus, DOE did not identify any small 
business manufacturers of grid-enabled water heaters.
---------------------------------------------------------------------------

    \21\ U.S. Department of Energy Compliance Certification 
Management System (Available at: https://www.regulations.doe.gov/ccms).
    \22\ AHRI Directory of Certified Product Performance (Available 
at: https://www.ahridirectory.org/Search/SearchHome).
---------------------------------------------------------------------------

    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the policies and procedures published on 
February 19, 2003. On the basis of the foregoing, DOE

[[Page 43137]]

initially concludes that the impacts of the amendments to DOE's 
certification regulations proposed in this NOPR would not have a 
``significant economic impact on a substantial number of small 
entities.'' Accordingly, DOE has not prepared an IRFA for this NOPR. 
DOE will transmit this certification of no significant impact on a 
substantial number of small entities and supporting statement of 
factual basis to the Chief Counsel for Advocacy of the Small Business 
Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of CFLKs, GSILs, IRLs, ceiling fans, consumer 
furnaces and boilers (except for electric steam boilers), consumer 
water heaters, dishwashers, CCWs, battery chargers, and DPPPs must 
certify to DOE that their products or equipment comply with any 
applicable energy conservation standards. To certify compliance, 
manufacturers must first obtain test data for their products or 
equipment according to the DOE test procedures, including any 
amendments adopted for those test procedures. DOE's current reporting 
requirements are approved under OMB Control Number 1910-1400.
1. Description of the Requirements
    DOE is proposing to amend the reporting requirements for CFLKs, 
GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer 
water heaters, dishwashers, CCWs, battery chargers, and DPPPs. DOE will 
send a revised information collection approval to OMB under the 
existing Control Number 1910-1400. The revisions will just reflect the 
changes proposed in this rulemaking as an amendment to the existing 
information collection.
2. Method of Collection
    DOE is proposing that respondents must submit electronic forms 
using DOE's online Compliance Certification Management System 
(``CCMS''). DOE's CCMS is publicly accessible at https://www.regulations.doe.gov/ccms/, and includes instructions for users, 
registration forms, and the product-specific reporting templates 
required for use when submitting information to CCMS.
3. Data
    The following are DOE estimates of the total annual reporting and 
recordkeeping burden imposed on manufacturers of CFLKs, GSILs, IRLs, 
ceiling fans, consumer furnaces and boilers, consumer water heaters, 
dishwashers, CCWs, battery chargers, and DPPPs subject to the amended 
certification reporting requirements proposed in this proposed rule. 
These estimates take into account the time necessary to develop any 
additional testing documentation, maintain any additional documentation 
supporting the development of the certified rating for each basic 
model, complete any additional certification, and submit any additional 
required documents to DOE electronically.
    DOE has tentatively determined that these proposed amendments would 
not impose additional costs for manufacturers of CFLKs, GSILs, IRLs, 
ceiling fans, dishwashers, CCWs, battery chargers, most consumer 
furnaces and boilers, and most consumer water heaters, because 
manufacturers of these products or equipment are already submitting 
certification reports to DOE and should have readily available the 
information that DOE is proposing to collect as part of this 
rulemaking. DOE has also tentatively determined that these proposed 
amendments would not impose additional costs for manufacturers of DPPPs 
because the proposals only clarify the existing certification 
requirements.
    DOE's proposed amendments for the reporting requirements for 
electric steam boilers would require new certification reporting for 
electric steam boilers manufacturers and importers. DOE estimates there 
are four manufacturers of electric steam boilers that would have to 
submit annual certification reports to DOE for those products based on 
the proposed reporting requirements. The following section estimates 
the burden for these four electric steam boiler manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.7.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of electric 
steam boilers covered by this rulemaking.
    Estimated Number of Respondents: 4.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 140.
    Estimated Total Annual Cost to the Manufacturers: $14,000 in 
recordkeeping/reporting costs.
    For grid-enabled consumer water heaters, DOE is proposing to add 
reporting requirements to 10 CFR 429.17 that would require 
manufacturers and importers to report the total number of grid-enabled 
water heaters shipped each year in accordance with the requirement in 
EPCA. The following are DOE estimates of the total annual reporting and 
recordkeeping burden imposed on manufacturers of grid-enabled consumer 
water heaters subject to the proposed reporting provisions in this 
NOPR. These estimates take into account the time necessary to develop 
testing documentation, maintain all the documentation supporting the 
development of the certified rating for each basic model, complete the 
certification, and submit all required documents to DOE electronically.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.92.
    Type of Review: Regular submission.
    Affected Public: Manufacturers and importers of grid-enabled 
consumer water heaters covered by this rulemaking.
    Estimated Number of Respondents: 5.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 175.
    Estimated Total Annual Cost to the Manufacturers: $17,500 in 
recordkeeping/reporting costs.
4. Conclusion
    DOE has tentatively concluded that the removal of outdated 
reporting requirements and the addition of reporting requirements as 
proposed in this NOPR would not impose additional costs for CFLK, GSIL, 
IRL, CF, dishwasher, CCW, battery charger, DPPP, most consumer water 
heater, and most consumer furnace and boiler manufacturers (see 
sections III.A.3, III.B.3, III.C.3, III.D.3, III.E, III.F.3,III.G.3, 
and III.H.3 of this document for a more complete discussion). 
Furthermore, DOE has tentatively concluded that there are four electric 
steam boiler manufacturers and five consumer water heater manufacturers 
that would have to submit new annual certification reports to DOE for 
those products. For all other manufacturers of covered products or 
equipment described in this NOPR, the public reporting burden for 
certification remains unchanged.
    Public comment is sought regarding: (1) Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (2) the accuracy of the burden estimate; (3) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (4) ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to the 
email address listed in the ADDRESSES section

[[Page 43138]]

and to the OMB Desk Officer by email to [email protected].
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (PRA), unless that 
collection of information displays a currently valid OMB Control 
Number.

D. Review Under the National Environmental Policy Act of 1969

    DOE is analyzing this proposed regulation in accordance with the 
National Environmental Policy Act of 1969 (``NEPA'') and DOE's NEPA 
implementing regulations (10 CFR part 1021). DOE's regulations include 
a categorical exclusion for rulemakings interpreting or amending an 
existing rule or regulation that does not change the environmental 
effect of the rule or regulation being amended. 10 CFR part 1021, 
subpart D, appendix A5. DOE anticipates that this rulemaking qualifies 
for categorical exclusion A5 because it is a rulemaking that does not 
change the environmental effect of the current rule and otherwise meets 
the requirements for application of a categorical exclusion. See 10 CFR 
1021.410. DOE will complete its NEPA review before issuing the final 
rule.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE has examined this 
proposed rule and has tentatively determined that it would not have a 
substantial direct effect on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. EPCA 
governs and prescribes Federal preemption of State regulations as to 
energy conservation for the products and equipment that are the subject 
of this proposed rule. States can petition DOE for exemption from such 
preemption to the extent, and based on criteria, set forth in EPCA. (42 
U.S.C. 6297; 42 U.S.C. 6316(a) and (b)(2)(D)) Therefore, no further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard, and (4) promote simplification 
and burden reduction. Regarding the review required by section 3(a), 
section 3(b) of Executive Order 12988 specifically requires that 
executive agencies make every reasonable effort to ensure that the 
regulation: (1) Clearly specifies the preemptive effect, if any; (2) 
clearly specifies any effect on existing Federal law or regulation; (3) 
provides a clear legal standard for affected conduct while promoting 
simplification and burden reduction; (4) specifies the retroactive 
effect, if any; (5) adequately defines key terms, and (6) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. Section 3(c) of 
Executive Order 12988 requires executive agencies to review regulations 
in light of applicable standards in sections 3(a) and 3(b) to determine 
whether they are met, or whether it is unreasonable to meet one or more 
of them. DOE has completed the required review and determined that, to 
the extent permitted by law, this proposed rule meets the relevant 
standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect them. On March 18, 1997, DOE published 
a statement of policy on its process for intergovernmental consultation 
under UMRA. 62 FR 12820 (also available at https://energy.gov/gc/office-general-counsel). DOE examined this proposed rule according to 
UMRA and its statement of policy and determined that the proposed rule 
contains neither a Federal intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year 
by State, local, and Tribal governments, in the aggregate, or by the 
private sector. As a result, the analytical requirements of UMRA do not 
apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (March 18, 1988), DOE has determined that this proposed rule would 
not result in any takings that might require compensation under the 
Fifth Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under information quality

[[Page 43139]]

guidelines established by each agency pursuant to general guidelines 
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 
2002). Pursuant to OMB Memorandum M-19-15, Improving Implementation of 
the Information Quality Act (April 24, 2019), DOE published updated 
guidelines which are available at: https://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
at OMB, a Statement of Energy Effects for any proposed significant 
energy action. A ``significant energy action'' is defined as any action 
by an agency that promulgates or is expected to lead to promulgation of 
a final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This proposed regulatory action to amend the certification 
provisions for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and 
boilers, consumer water heaters, dishwashers, CCWs, battery chargers, 
and DPPPs is not a significant regulatory action under Executive Order 
12866. Moreover, it would not have a significant adverse effect on the 
supply, distribution, or use of energy, nor has it been designated as a 
significant energy action by the Administrator of OIRA. Therefore, it 
is not a significant energy action, and, accordingly, DOE has not 
prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The proposed modifications to the certification reporting 
requirements for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces 
and boilers, consumer water heaters, dishwashers, CCWs, battery 
chargers, and DPPPs do not incorporate testing methods contained in any 
commercial standards.

M. Materials Incorporated by Reference

    The Director of the Federal Register previously approved the 
following standards from the Association of Home Appliance 
Manufacturers (``AHAM'') and the American National Standards Institute 
(ANSI) for incorporation by reference into Sec. Sec.  429.19 and 
429.59: ANSI/AHAM DW-1-2010, ``Household Electric Dishwashers'', and 
NSF International (NSF)/ANSI 50-2015, ``Equipment For Swimming Pools, 
Spas, Hot Tubs and Other Recreational Water Facilities,'' Annex C--
``Test methods for the evaluation of centrifugal pumps,'' Section C.3, 
``self-priming capability.''

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments, data, and other information using any of the methods 
described in the ADDRESSES section at the beginning of this document.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment itself or in any documents attached to your 
comment. Any information that you do not want to be publicly viewable 
should not be included in your comment, nor in any document attached to 
your comment. If these directions are followed, persons viewing 
comments will see only first and last names, organization names, 
correspondence containing comments, and any documents submitted with 
the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to https://www.regulations.gov. If you do not 
want your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information in a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. With this instruction followed, the cover letter will not be 
publicly viewable as long as it does not include any comments.

[[Page 43140]]

    Include contact information each time you submit comments, data, 
documents, and other information to DOE. No telefacsimiles (faxes) will 
be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English, and free of any defects or 
viruses. Documents should not contain special characters or any form of 
encryption, and, if possible, they should carry the electronic 
signature of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE seeks comment on whether CFLKs are still being distributed 
in commerce and manufactured prior to January 21, 2020, and, therefore, 
DOE should retain compliance requirements for these standards.
    (2) DOE seeks comments on requiring the reporting of lumen output 
and efficacy to certify compliance to January 21, 2020 standards.
    (3) DOE seeks comment on reporting lumen maintenance at 1,000 hours 
and at 40 percent of lifetime, lifetime, and the rapid cycle stress 
test results for medium screw base CFLs in CFLKs. DOE seeks comment on 
allowing estimates for lumen maintenance at 40 percent of lifetime, 
lifetime, and the rapid cycle stress test result.
    (4) DOE seeks comment on requiring a declaration that pin-based 
fluorescent lamps in CFLKs have an electronic ballast. DOE also seeks 
comment on requiring a declaration that CFLKs are packaged with lamps 
sufficient to fill all sockets.
    (5) DOE seeks comment on the other proposed amendments to the CFLK 
reporting requirements.
    (6) DOE requests comment on the certification reporting costs of 
the amendments proposed for CFLKs.
    (7) DOE seeks comments on requiring the reporting of CRI to certify 
compliance with existing energy conservation standard requirements for 
IRLs. DOE also seeks comment on requiring the reporting of lamp 
diameter and rated voltage to help determine the applicable energy 
conservation standard for IRLs.
    (8) DOE seeks comment on requiring the reporting of initial lumen 
output to help determine the applicable energy conservation standard 
for GSILs.
    (9) DOE requests comment on the certification and reporting costs 
of the amendments proposed for IRLs and GSILs and whether it will 
result in an increase in reporting burden.
    (10) DOE seeks comment on the proposed updated reporting 
requirements for small-diameter ceiling fans and LDCFs.
    (11) DOE seeks comment on the certification and reporting costs of 
the amendments proposed for ceiling fans.
    (12) DOE seeks comment on its proposed changes to the reporting 
requirements for consumer furnaces and boilers, including any cost 
impacts.
    (13) DOE seeks comment on its proposal to add new reporting 
requirements for the number of shipments of grid-enabled consumer water 
heaters, and on its proposal that this information be reported 
separately from the information that is currently required to be 
reported under 10 CFR 429.17(b).
    (14) DOE requests comment on the proposed reporting requirement for 
dishwashers, including any corresponding certification and reporting 
costs.
    (15) DOE seeks comment on its proposal to change the reporting 
requirements, specify rounding instructions, and specify sampling 
provisions for certain reported values for CCWs, including any 
corresponding certification and reporting costs.
    (16) DOE requests comment on the proposed annual filing date for 
battery chargers and any corresponding certification and reporting 
costs.
    (17) DOE requests comment on its proposal to clarify the 
certification requirement for certain models of DPPPs.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects in 10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Small businesses.

Signing Authority

    This document of the Department of Energy was signed on July 17, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the 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 July 19, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 
429 of title 10 of the Code of Federal Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Section 429.12 is amended by revising paragraph (d) to read as 
follows:

[[Page 43141]]

Sec.  429.12   General requirements applicable to certification 
reports.

* * * * *
    (d) Annual filing. All data required by paragraphs (a) through (c) 
of this section shall be submitted to DOE annually, on or before the 
following dates:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
            Product category               Deadline for data submission
------------------------------------------------------------------------
(1) Portable air conditioners...........  February 1.
(2) Fluorescent lamp ballasts; Compact    March 1.
 fluorescent lamps; General service
 fluorescent lamps, general service
 incandescent lamps, and incandescent
 reflector lamps; Candelabra base
 incandescent lamps and intermediate
 base incandescent lamps; Ceiling fans;
 Ceiling fan light kits; Showerheads;
 Faucets; Water closets; and Urinals.
(3) Water heaters; Consumer furnaces;     May 1.
 Pool heaters; Commercial water heating
 equipment; Commercial packaged boilers;
 Commercial warm air furnaces;
 Commercial unit heaters; and Furnace
 fans.
(4) Dishwashers; Commercial pre-rinse     June 1.
 spray valves; Illuminated exit signs;
 Traffic signal modules and pedestrian
 modules; and Distribution transformers.
(5) Room air conditioners; Central air    July 1.
 conditioners and central air
 conditioning heat pumps; and Commercial
 heating, ventilating, air conditioning
 (HVAC) equipment.
(6) Consumer refrigerators, refrigerator- August 1.
 freezers, and freezers; Commercial
 refrigerators, freezers, and
 refrigerator-freezers; Automatic
 commercial ice makers; Refrigerated
 bottled or canned beverage vending
 machines; Walk-in coolers and walk-in
 freezers; and Consumer miscellaneous
 refrigeration products.
(7) Torchieres; Dehumidifiers; Metal      September 1.
 halide lamp ballasts and fixtures;
 External power supplies; Pumps; and
 Battery chargers.
(8) Residential clothes washers;          October 1.
 Residential clothes dryers; Direct
 heating equipment; Cooking products;
 and Commercial clothes washers.
------------------------------------------------------------------------

* * * * *
0
3. Section 429.17 is amended by adding paragraph (c) to read as 
follows:


Sec.  429.17   Water heaters.

* * * * *
    (c) Reporting of annual shipments for grid-enabled water heaters. 
Pursuant to 42 U.S.C. 6295(e)(6)(C)(i), manufacturers of grid-enabled 
water heaters must report the total number of grid-enabled water heater 
units shipped for sale in the U.S. by the manufacturer for the previous 
calendar year (i.e., January 1st through December 31st), as well as the 
calendar year that the shipments cover, starting on or before May 1, 
2022 and annually on or before May 1 each year thereafter. This 
information shall be reported separately from the certification report 
required under paragraph (b)(2) of this section and must be submitted 
to DOE in accordance with the submission procedures set forth in Sec.  
429.12(h). DOE will consider the annual reported shipments to be 
confidential business information without the need for the manufacturer 
to request confidential treatment of the information pursuant to Sec.  
429.7(c).
0
4. Section 429.18 is amended by revising the section heading and 
paragraphs (a)(2)(vii) and (b)(2) and (3) to read as follows:


Sec.  429.18   Consumer furnaces.

    (a) * * *
    (2) * * *
    (vii) The represented value of annual fuel utilization efficiency 
must be rounded to the nearest one-tenth of a percentage point. The 
represented values of standby mode power and off mode power must be 
rounded to the nearest one-tenth of a watt.
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) Consumer furnaces and boilers: The annual fuel utilization 
efficiency (AFUE) in percent (%) and the input capacity in British 
thermal units per hour (Btu/h).
    (ii) For gas-fired hot water and gas-fired steam boilers: The type 
of ignition system.
    (iii) For non-weatherized oil-fired furnaces (including mobile home 
furnaces), electric furnaces, and boilers: The standby mode power 
consumption (PW,SB) and off mode power consumption 
(PW,OFF) in watts.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information:
    (i) For cast-iron sectional boilers: A declaration of whether 
certification is based on linear interpolation or testing.
    (ii) For hot water boilers and gas-fired steam boilers: A 
declaration that the manufacturer has incorporated the applicable 
design requirements.
* * * * *
0
5. Section 429.19 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  429.19   Dishwashers.

* * * * *
    (b) * * *
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information--
    (i) The capacity in number of place settings as specified in ANSI/
AHAM DW-1-2010 (incorporated by reference, see Sec.  429.4);
    (ii) Presence of a soil sensor (if yes, the number of cycles 
required to reach calibration);
    (iii) The water inlet temperature used for testing in degrees 
Fahrenheit ([deg]F);
    (iv) The cycle selected for energy testing and whether that cycle 
is soil-sensing;
    (v) The options selected for the energy test;
    (vi) Presence of a built-in water softening system (if yes, the 
energy use in kilowatt-hours and the water use in gallons required for 
each regeneration of the water softening system, the number of 
regeneration cycles per year, and data and calculations used to derive 
these values); and
    (vii) Indication of whether Cascade[supreg] Complete powder was 
used as the detergent formulation in lieu of Cascade[supreg] with the 
Grease Fighting Power of Dawn[supreg] powder.
0
6. Section 429.27 is amended by revising paragraphs (b)(2)(ii) and 
(iii) to read as follows:


Sec.  429.27   General service fluorescent lamps, general service 
incandescent lamps, and incandescent reflector lamps.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Incandescent reflector lamps: The testing laboratory's 
International Laboratory Accreditation Cooperation (ILAC) accreditation 
body's

[[Page 43142]]

identification number or other approved identification assigned by the 
ILAC accreditation body, production dates of the units tested, the 12-
month average lamp efficacy in lumens per watt (lm/W), lamp wattage 
(W), rated voltage (V), diameter in inches, and CRI.
    (iii) General service incandescent lamps: The testing laboratory's 
ILAC accreditation body's identification number or other approved 
identification assigned by the ILAC accreditation body, production 
dates of the units tested, the 12-month average maximum rate wattage in 
watts (W), the 12-month average minimum rated lifetime (hours), and the 
12-month average CRI, and initial lumen output in lumens (lm).
* * * * *
0
7. Section 429.32 is amended by:
0
a. Revising paragraph (b); and
0
b. Adding paragraph (c).
    The revision and addition read as follows:


Sec.  429.32   Ceiling fans.

* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to ceiling fans; and
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) For all ceiling fans: Blade span (in), the number of speeds 
within the ceiling fan controls, and a declaration that the 
manufacturer has incorporated the applicable design requirements.
    (ii) For small-diameter ceiling fans: A declaration whether the 
ceiling fan is a multi-head ceiling fan, and the ceiling fan efficiency 
(cubic feet per minute per watt (CFM/W)).
    (iii) For large-diameter ceiling fans: Ceiling fan energy index 
(CFEI) for high speed and 40 percent speed or the nearest speed that is 
not less than 40 percent speed.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information:
    (i) For small-diameter ceiling fans: Standby power, blade edge 
thickness (in), airflow (CFM) at high speed, and blade revolutions per 
minute (RPM) at high speed.
    (ii) For low-speed small-diameter ceiling fans: The distance (in) 
between the ceiling and the lowest point on the fan blades (in both 
hugger and standard configurations for multi-mount fans).
    (c) Rounding requirements. Any represented value of ceiling fan 
efficiency, as described in paragraph (a)(2)(i) of this section must be 
expressed in cubic feet per minute per watt (CFM/W) and rounded to the 
nearest whole number. Any represented value of ceiling fan energy 
index, as described in paragraph (a)(2)(i) of this section must be 
expressed in CFEI and rounded to the nearest hundredth of a CFEI.
0
8. Section 429.33 is amended by revising paragraphs (b) and (c) to read 
as follows:


Sec.  429.33   Ceiling fan light kits.

* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to ceiling fan light kits (CFLKs); and
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following product-specific information:
    (i) A declaration that the CFLK is packaged with lamps sufficient 
to fill all of the lamp sockets;
    (ii) For each basic model of lamp and/or each basic model of 
integrated solid state lighting (SSL) circuitry packaged with the 
ceiling fan light kit, the brand, basic model number, test sample size, 
kind of lamp (i.e., general service fluorescent lamp [GSFL]; 
fluorescent lamp with a pin base that is not a GSFL; compact 
fluorescent lamp [CFL] with a medium screw base; CFL with a base that 
is not medium screw base [e.g., candelabra base]; other fluorescent 
lamp [not GSFL or CFL]; general service incandescent lamp [GSIL]; 
candelabra base incandescent lamp; intermediate base incandescent lamp; 
incandescent reflector lamp; other incandescent lamp [not GSIL, IRL, 
candelabra base or intermediate base incandescent lamp], integrated LED 
lamp; integrated SSL circuitry; other SSL products [not integrated LED 
lamp]; other lamp not mentioned), lumen output in lumens, efficacy in 
lumens per watt (lm/W), and a declaration that, where applicable, the 
lamp basic model was tested by a laboratory accredited as required 
under Sec.  430.25;
    (iii) For each lamp basic model identified in paragraph (b)(2)(ii) 
of this section that is a compact fluorescent lamp with a medium screw 
base, the lumen maintenance at 40 percent of lifetime in percent (%) 
(and whether value is estimated), the lumen maintenance at 1,000 hours 
in percent (%), the lifetime in hours (h) (and whether value is 
estimated), and the sample size for rapid cycle stress testing and 
results in number of units passed (and whether the value is estimated). 
Estimates of lifetime, lumen maintenance at 40 percent of lifetime, and 
rapid cycle stress test surviving units may be reported until testing 
is complete. Manufacturers are required to maintain records in 
accordance with Sec.  429.71 of the development of all estimated values 
and any associated initial test data; and
    (iv) For ceiling fan light kits with pin-based sockets for 
fluorescent lamps, a declaration that each ballast for such lamps is an 
electronic ballast.
    (c) Rounding requirements. (1) Any represented value of efficacy of 
CFLKs as described in paragraph (a) of this section must be expressed 
in lumens per watt and rounded to the nearest tenth of a lumen per 
watt.
    (2) Round lumen output to three significant digits.
    (3) Round lumen maintenance at 1,000 hours to the nearest tenth of 
a percent.
    (4) Round lumen maintenance at 40 percent of lifetime to the 
nearest tenth of a percent.
    (5) Round lifetime to the nearest whole hour.
0
9. Section 429.46 is amended by:
0
a. Revising paragraph (a)(2)(i) introductory text;
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b)(2); and
0
d. Adding paragraph (c).
    The revisions and additions read as follows:


Sec.  429.46   Commercial clothes washers.

    (a) * * *
    (2) * * *
    (i) Any represented value of the integrated water factor or other 
measure of energy or water consumption of a basic model for which 
consumers would favor lower values shall be greater than or equal to 
the higher of:
* * * * *
    (3) The clothes container capacity of a basic model reported in 
accordance with paragraph (b)(2) of this section shall be the mean of 
the measured clothes container capacity, C, of all tested units of the 
basic model.
    (4) The corrected remaining moisture content (RMC) of a basic model 
reported in accordance with paragraph (b)(2) of this section shall be 
the mean of the final RMC value measured for all tested units of the 
basic model.
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) The modified energy factor (MEFJ2), in cubic feet 
per kilowatt-hour per cycle (cu ft/kWh/cycle);
    (ii) The integrated water factor (IWF), in gallons per cycle per 
cubic feet (gal/cycle/cu ft);
    (iii) The clothes container capacity, in cubic feet (cu ft);
    (iv) The type of loading (top-loading or front-loading); and
    (v) The corrected RMC (expressed as a percentage).

[[Page 43143]]

    (c) Reported values. Values reported pursuant to this section must 
be rounded as follows: Clothes container capacity to the nearest 0.1 cu 
ft, and corrected RMC to the nearest 0.1 percentage point.
0
10. Section 429.59 is amended by revising paragraphs (b)(2)(iv) and 
(b)(3)(iv) to read as follows:


Sec.  429.59   Pumps.

* * * * *
    (b) * * *
    (2) * * *
    (iv) For a dedicated-purpose pool pump (other than an integral 
cartridge-filter or sand-filter pool pump): Weighted energy factor 
(WEF) in kilogallons per kilowatt-hour (kgal/kWh); rated hydraulic 
horsepower in horsepower (hp); the speed configuration for which the 
pump is being rated (i.e., single-speed, two-speed, multi-speed, or 
variable-speed); true power factor at all applicable test procedure 
load points i (dimensionless), as specified in Table 1 of appendix B or 
C to subpart Y of part 431 of this chapter, as applicable; dedicated-
purpose pool pump nominal motor horsepower in horsepower (hp); 
dedicated-purpose pool pump motor total horsepower in horsepower (hp); 
dedicated-purpose pool pump service factor (dimensionless); for self-
priming pool filter pumps and non-self-priming pool filter pumps: The 
maximum head (in feet) which is based on the mean of the units in the 
tested sample; a statement regarding whether freeze protection is 
shipped enabled or disabled; for dedicated-purpose pool pumps 
distributed in commerce with freeze protection controls enabled: The 
default dry-bulb air temperature setting (in [deg]F), default run time 
setting (in minutes), and default motor speed (in rpm); for self-
priming pool filter pumps a statement regarding whether the pump is 
certified with NSF/ANSI 50-2015 (incorporated by reference, see Sec.  
429.4) as self-priming; and, for self-priming pool filter pumps that 
are not certified with NSF/ANSI 50-2015 as self-priming: The vertical 
lift (in feet) and true priming time (in minutes) for the dedicated-
purpose pool pump (DPPP) model.
* * * * *
    (3) * * *
    (iv) For a dedicated-purpose pool pump (other than an integral 
cartridge-filter or sand-filter pool pump): Calculated driver power 
input and flow rate at each load point i (Pi and 
Qi), in horsepower (hp) and gallons per minute (gpm), 
respectively.
* * * * *
0
11. Section 429.70 is amended by adding paragraph (i) to read as 
follows:


Sec.  429.70   Alternative methods for determining energy efficiency 
and energy use.

* * * * *
    (i) Alternative determination of standby mode and off mode power 
consumption for untested basic models of consumer furnaces and consumer 
boilers. For models of consumer furnaces or consumer boilers that have 
identical standby mode and off mode power consuming components, ratings 
for untested basic models may be established in accordance with the 
following procedures in lieu of testing. This method allows only for 
the use of ratings identical to those of a tested basic model as 
provided below; simulations or other modeling predictions for ratings 
for standby mode power consumption and off mode power consumption are 
not permitted.
    (1) Consumer furnaces. Rate the standby mode and off mode power 
consumption of an untested basic model of a consumer furnace using the 
standby mode and off mode power consumption obtained from a tested 
basic model as a basis for ratings if all aspects of the electrical 
components, controls, and design that impact the standby mode power 
consumption or off mode power consumption are identical.
    (2) Consumer boilers. Rate the standby mode and off mode power 
consumption of an untested basic model of a consumer boiler using the 
standby mode and off mode power consumption obtained from a tested 
basic model as a basis for ratings if all aspects of the electrical 
components, controls, and design that impact the standby mode power 
consumption or off mode power consumption are identical.

[FR Doc. 2021-15579 Filed 8-5-21; 8:45 am]
BILLING CODE 6450-01-P

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