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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices manufacturers may elect to submit if they manufacture a basic model that cannot be tested pursuant to the DOE
test procedure; 4 applications requesting an extension of the date by which representations must be made in accordance with any new or amended DOE test procedure; and 5 labeling.
DOEs certification and compliance activities ensure accurate and comprehensive information about the energy and water use characteristics of covered products and covered equipment sold in the United States.
Manufacturers of all covered products and covered equipment must submit a certification report before a basic model is distributed in commerce, annually thereafter,4 and if the basic model is redesigned in such a manner to increase the consumption or decrease the efficiency of the basic model such that the certified rating is no longer supported by the test data. Additionally, manufacturers must report when production of a basic model has ceased and is no longer offered for sale as part of the next annual certification report following such cessation. DOE requires the manufacturer of any covered product or covered equipment to establish, maintain, and retain the records of certification reports, of the underlying test data for all certification testing, and of any other testing conducted to satisfy the requirements of part 429, part 430, and/or part 431.
Certification reports provide DOE and consumers with comprehensive, up-todate efficiency information and support effective enforcement.
As the result of a negotiated rulemaking, DOE adopted additional certification requirements for commercial HVAC, water heater, and refrigeration equipment. Specifically, DOE requires manufacturers of commercial refrigeration equipment and some types of commercial HVAC
equipment to submit a PDF with specific testing instructions to be used by the Department during verification and enforcement testing. Manufacturers of commercial water heating equipment and some types of commercial HVAC
equipment have the option of submitting a PDF with additional testing instructions at the manufacturers discretion. For additional information on the negotiated rulemaking or supplemental testing instructions see docket number EERE2013BTNOC
0023.
On December 18, 2014, Congress enacted the EPS Service Parts Act of 2014 Pub. L. 113263, Service Parts 4 With the exception of electric motors, and small electric motors.

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Act. That law exempted manufacturers of certain external power supplies EPSs that were made available as service and spare parts for end-use products manufactured before February 10, 2016, from the energy conservation standards that DOE
promulgated in its February 2014 rule.
See 79 FR 7846 Feb. 10, 2014.
Additionally, the Service Parts Act permits DOE to require manufacturers of an EPS that is exempt from the 2016
standards to report to DOE the total number of such EPS units that are shipped annually as service and spare parts and that do not meet those standards. 42 U.S.C. 6295u5Aii DOE may also limit the applicability of the exemption if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would result in the absence of the exemption. 42 U.S.C.
6295u5Aiii In a final rule published on May 16, 2016, DOE
adopted reporting requirements for EPS
manufacturers to provide the total number of exempt EPS units sold as service and spare parts for which the manufacturer is claiming exemption from the current standards. 81 FR
30157.
On April 30, 2015, Congress enacted the Energy Efficiency Improvement Act of 2015 Pub. L. 11411, Energy Efficiency Improvement Act. That law established definitions and energy conservation standards for grid-enabled water heaters that DOE promulgated in its August 2015 Final Rule. See 80 FR
48004 Aug. 11, 2015. Additionally, the Energy Efficiency Improvement Act mandates DOE to require manufacturers of grid-enabled water heaters to report to DOE the total number of such units that are shipped annually. 42 U.S.C.
6295e6Ci.
DOE currently requires manufacturers or their party representatives to prepare and submit certification reports and compliance statements using DOEs electronic Web-based tool, the Compliance and Certification Management System CCMS, which is the primary mechanism for submitting certification reports to DOE. CCMS
currently has product and equipment specific templates which manufacturers are required to use when submitting certification data to DOE. DOE believes the availability of electronic filing through the CCMS system reduces reporting burdens, streamlines the process, and provides the Department with needed information in a standardized, more accessible form.
This electronic filing system also ensures that records are recorded in a permanent, systematic way.

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Manufacturers also may rely on CCMS
reporting to satisfy certain reporting requirements established by the FTC.
EPCA directs the FTC generally to prescribe labeling rules for the consumer products subject to energy conservation standards under EPCA. 42
U.S.C. 6296 The required labels generally must disclose the estimated annual operating cost of such product determined in accordance with Federal test procedures; and information respecting the range of estimated annual operating costs for covered products to which the rule applies. 42 U.S.C
6296c1 Pursuant to EPCA, the FTC
prescribed the Energy Labeling Rule, which in part, requires manufacturers to attach yellow EnergyGuide labels to many of the covered consumer products. See 16 CFR part 305.
EnergyGuide labels for most products subject to the FTC labeling requirement contain three key disclosures: Estimated annual energy cost 16 CFR 305.5; a products energy consumption or energy efficiency rating as determined from DOE test procedures Id.; and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models 16 CFR 305.10.
The Energy Labeling Rule also contains reporting requirements for most products, under which manufacturers must submit data to the FTC both when they begin manufacturing new models and on an annual basis thereafter. 16 CFR 305.8.
These reports must contain, among other things, estimated annual energy consumption or energy efficiency ratings, similar to what is required under DOEs reporting requirement. Id.
Prior to 2013, FTC collected energy data on products subject to the Energy Labeling Rule separate from DOE
through paper and email submissions to the FTC. This arrangement required manufacturers to submit nearly duplicative reports to DOE and FTC.
However, in 2013 the FTC
streamlined and harmonized its reporting requirements by giving manufacturers the option to report FTCrequired data through DOEs CCMS, in lieu of the traditional practice of submitting directly to FTC. 78 FR 2200
Jan. 10, 2013; 16 CFR 305.8a1. As such, the CCMS reduces duplicative reporting for manufacturers of covered consumer products that are also required to report under the FTC Energy Label Rule.
DOE allows manufacturers of both consumer products and/or commercial equipment to apply for a test procedure waiver. Manufacturers may submit an application for a test procedure waiver
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