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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE
published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR
12820; also available at http
energy.gov/gc/office-general-counsel.
DOE examined this final rule according to UMRA and its statement of policy and determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements 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. 105277 requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This final rule will 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
DOE has determined, under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights 53 FR 8859
March 18, 1988, that this regulation will 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 guidelines established by each agency pursuant to general guidelines issued by OMB. OMBs guidelines were published at 67 FR
8452 Feb. 22, 2002, and DOEs guidelines were published at 67 FR
62446 Oct. 7, 2002. Pursuant to OMB
Memorandum M1915, 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%20
Guidelines%20Dec%202019.pdf. DOE

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has reviewed this final 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 OMB, a Statement of Energy Effects for any significant energy action. A significant energy action is defined as any action by an agency that promulgated 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 significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use if the regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.
This regulatory action 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 32c 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 modifications to the test procedure for room ACs adopted in this
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final rule incorporates testing methods contained in certain sections of the following commercial standards: AHAM
RAC12020, ANSI/ASHRAE Standard 162016, ANSI/ASHRAE Standard 41.12013, ANSI/ASHRAE Standard 41.21987 RA 1992, ANSI/ASHRAE
Standard 41.32014, ANSI/ASHRAE
Standard 41.62014, ANSI/ASHRAE
Standard 41.112014, and IEC Standard 62301 Second Edition. DOE has evaluated these standards and is unable to conclude whether it fully complies with the requirements of section 32b of the FEAA i.e., whether it was developed in a manner that fully provides for public participation, comment, and review. DOE has consulted with both the Attorney General and the Chairman of the FTC
about the impact on competition of using the methods contained in these standards and has received no comments objecting to their use.
M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a major rule as defined by 5 U.S.C. 8042.
N. Description of Materials Incorporated by Reference In this final rule, DOE incorporates by reference the industry standard published by AHAM, titled AHAM
RAC12020, Room Air Conditioners AHAM RAC12020. AHAM RAC1
2020 establishes standard methods for measuring performance and includes sections on definitions, test conditions, tests for standard measurements, performance tests, and safety which apply to room air conditioners.
Copies of AHAM RAC12020 can be purchased from the Association of Home Appliance Manufacturers at 1111
19th Street NW, Suite 402, Washington, DC 20036, 2028725955, or by going to http www.aham.org.
In this final rule, DOE incorporates by reference the industry test standard published by ASHRAE, titled ANSI/
ASHRAE 162016 ANSI/ASHRAE 16
2016, Method of Testing for Rating Room Air Conditioners and Packaged Terminal Air Conditioners. The amendments in this final rule include updated general references to ANSI/
ASHRAE Standard 162016, that address all areas of testing including installation, test setup, instrumentation, test conduct, data collection, and calculations. Specifically, the test procedure codified by this final rule references section 5.6.2 Electrical Instruments of ANSI/ASHRAE 16

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