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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
motors for certification of compliance with standards or labeling requirements.
But when manufacturers, distributors, retailers, and private labelers make any representations respecting the energy consumption or cost of energy consumed by DPPP motors, such representations must be made in accordance with the test procedure. See 42 U.S.C. 6314d1
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined this test procedure rulemaking does not constitute a significant regulatory action under section 3f of Executive Order E.O. 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 in OMB.

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B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of a final regulatory flexibility analysis FRFA for any final rule where the agency was first required by law to publish a proposed rule 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 Counsels website: https energy.gov/
gc/office-general-counsel.
In this final rule, DOE establishes a test procedure for DPPP motors. This final rule does not establish a labeling requirement and DOE intends to address any such labeling requirement in a separate notice. Further, this final rule does not establish energy conservation standards for DPPP motors. Were DOE
to consider energy conservation standards for this equipment, it would do so in a separate rulemaking.
DOE reviewed this final rule to establish a test procedure for DPPP
motors under the provisions of the Regulatory Flexibility Act and the procedures and policies published on
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February 19, 2003. DOE uses the Small Business Administrations SBA small business size standards to determine whether manufacturers qualify as small businesses, which are listed by the North American Industry Classification System NAICS. The 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 2017
NAICS code for DPPP motors is 335312, motor and generator manufacturing. The threshold number for NAICS code 335312 is 1,250 employees.24 This employee threshold includes all employees in a businesss parent company and any other subsidiaries.
As previously stated, use of the test procedure would not be required until such time as DOE were to establish a label requirement or energy conservation standards for DPPP
motors. See, 42 U.S.C. 6315d and 42
U.S.C. 6314a5A, respectively Accordingly, manufacturers would only incur costs if/when DOE were to establish a labeling and/or energy conservation standards for DPPP
motors. Therefore, DOE estimates that the adopted test procedure would not result in any DPPP motor manufacturer, large or small, to incur any additional costs.
Therefore, DOE certifies that the impacts of the adopted test procedure requirement in this final rule would not have a significant economic impact on a substantial number of small entities, and that the preparation of an FRFA is not warranted. DOE has transmitted the certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5
U.S.C. 605b.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of electric motors must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including electric motors. See generally 10 CFR part 429. The collection-ofinformation requirement for the certification and recordkeeping is 24 www.sba.gov/document/support-table-sizestandards. Last accessed on December 11, 2020.

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subject to review and approval by OMB
under the Paperwork Reduction Act PRA. This requirement has been approved by OMB under OMB control number 19101400. Public reporting burden for the certification is estimated to average 35 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This final rule does not establish any certification or recordkeeping requirements on manufacturers.
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 PRA, unless that collection of information displays a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
NEPA, DOE has analyzed this proposed action in accordance with NEPA and DOEs NEPA implementing regulations 10 CFR part 1021. DOE has determined that this rule qualifies for categorical exclusion under 10 CFR part 1021, subpart D, appendix A5, because it is an interpretive rulemaking that does not change the environmental effect of the rule and meets the requirements for application of a CX.
See 10 CFR 1021.410. Therefore, DOE
has determined that promulgation of this rule is not a major Federal action significantly affecting the quality of the human environment within the meaning of NEPA, and does not require an Environmental Assessment or an Environmental Impact Statement.
E. Review Under Executive Order 13132, Federalism Executive Order 13132, Federalism, 64 FR 43255 August 4, 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
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