Je veux savoir à propos de…

jbell on DSKJLSW7X2PROD with RULES

454

Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations
Goodman stated that, as currently proposed, 1061.3g may rescind existing guidance documents that do not comply with the procedures in 1061.3a, and that such rescission would last unless and until DOE
subjects such guidance documents to these procedures. Goodman stated that it is concerned that such immediate action could lead to a gap in the availability of guidance to stakeholders for an unknown period of time, and that it is not clear to stakeholders which of the existing guidance documents are posted on DOEs website portal as described in paragraph a of 1061.3, and that this lack of clarity would cause greater uncertainty, specifically for the HVAC industry.
Goodman at 2
As an alternative, Goodman proposed revising paragraph g in 1061.3 to state that guidance documents not posted to DOEs web page portal are rescinded effective one year after final rule publication or whenever DOE
subjects such guidance documents to the procedures of this section, whichever comes first. Goodman stated that this alternative is particularly essential to the HVAC industry regarding the uniform test methods for measuring the energy consumption of central air conditioners and heat pumps because of the difference in the applicable effective dates for Appendices M and M1 to Subpart B of 10 CFR part 430. Goodman at 2
Goodman stated that, due to the difference in these effective dates, it is imperative that DOE maintain the existing guidance document for the usage of an amended test procedure for testing, rating, and certifying products prior to the compliance date for new standards 2014 Early Compliance Guidance, and that otherwise Appendix M1 will compel manufacturers to make representations in accordance with Appendix M1 on or after the effective date of Appendix M1, rather than prior to that date, as allowed under the 2014 Early Compliance Guidance. Goodman at 2 Goodman stated that the 2014 Early Compliance Guidance is particularly essential for products subject to regional standards because it allows manufacturers to introduce products into commerce well in advance of the 2023 effective date as long as those products are tested, rated, and certified in accordance with Appendix M1 and the 2023 energy conservation standards, thereby providing remaining market actors in the traditional distribution chain an option to procure such products in time for the 2023 installation effective date.

VerDate Sep<11>2014

16:19 Jan 05, 2021

Jkt 253001

Goodman at 23 Goodman requested that, at a minimum, DOE indicate on its website portal which guidance documents are in compliance and which guidance are not in compliance with 1061.3a. Goodman also stated that its concerns about existing guidance documents apply to guidance other than 2014 Early Compliance Guidance, along with a list of examples of such guidance documents. Goodman at 3
Goodman also proposed minor editorial revisions for the final rule.
Specifically, Goodman stated that because the proposed definition of Guidance document in paragraph 16
of 1061.2 already eliminates documents directed solely at DOE
personnel or to other Federal agencies that is not intended to have substantial future effect on the behavior of regulated parties, the inclusion of this language in 1061.3a3 is duplicative and can be removed. Goodman also proposed replacing the word will in 1061.3f, 1061.3g, 1061.4d and 1061.4e with the word shall.
Goodman at 3

guidance document that has been rescinded, except to establish historical facts. However, all guidance documents made available through DOEs website portal prior to June 27, 2020, and that are currently available through DOEs website portal, have not been rescinded and are currently effective and may be relied upon. Under the final rule, only new or revised guidance documents, or rescinded guidance documents that DOE seeks to reinstate, must go through the procedures in 1061.3. Guidance documents made available through DOEs website portal prior to June 27, 2020, and that are currently available through DOEs website portal, are currently in effect and are not required to go through the procedures in 1061.3.
DOE agrees with Goodmans remaining editorial comments and has removed the reference to documents directed at DOE personnel in 1061.3a3, and has replaced the term will with shall in 1061.3f, 1061.3g, 1061.4d and 1061.4e.

DOE Response In response to Goodman, DOE makes clear that the specific guidance referenced in the comment has not been rescinded. DOE declines to make the changes to 1061.3g proposed by Goodman; however, DOE has made a change to 1061.3g to clarify that documents not made available through DOEs website portal as described in paragraph f of 1061.3 are deemed rescinded under 1061.3g. This change replaces the text of 1061.3g from the proposed rule that stated guidance documents not posted to DOEs website portal as described in paragraph a of 1061.3 would be deemed rescinded. DOE believes that the final rule makes clear that existing documents currently available through the guidance web portal, such as the 2014 Early Compliance Guidance, are in effect. Executive Order 13891 required that agencies make all effective guidance documents available through each agencys guidance web portal, and that otherwise the guidance document would be deemed rescinded. However, agencies could have reinstated rescinded guidance documents without being subject to the procedures of Executive Order 13891 by making them available through their guidance web portal by June 27, 2020. Accordingly, any DOE guidance document, as defined in part 1061, that was not available through the DOE guidance web portal as of June 27, 2020, is deemed rescinded.
DOE will not cite, use, or rely on any
A. Review Under Executive Order 12866, Regulatory Planning and Review
PO 00000

Frm 00016

Fmt 4700

Sfmt 4700

Regulatory Analysis
This final rule is a significant regulatory action under Executive Order 12866, Regulatory Planning and Review. 58 FR 51735 Oct. 4, 1993
As a result, this action was reviewed by the Office of Information and Regulatory Affairs in the Office of Management and Budget OMB. DOE does not anticipate that this rulemaking will have an economic impact on regulated entities.
This is a final rule of agency procedure and practice. The final rule describes DOEs internal procedures for the promulgation and processing of guidance documents, to ensure that guidance documents only clarify existing statutory and regulatory obligations and do not impose any new obligations. DOE adopts these internal procedures as part of its implementation of Executive Order 13891, and does not anticipate incurring significant additional resource costs in doing so.
Moreover, it is anticipated that the public will benefit from the resulting increase in efficiency and transparency in the issuance of guidance documents, and more opportunities to comment on guidance documents.
B. Review Under Executive Orders 13771
On January 30, 2017, the President issued Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs. See 82 FR 9339

E:FRFM06JAR1.SGM

06JAR1