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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
information collected on small business equipment offerings and the upper threshold of third-party testing costs, DOE estimates an average expense of approximately $200,000 per small manufacturer. These testing expenses would be less than 1% of revenue for each small business. DOE tentatively concludes that the estimate costs would not present a significant burden to small manufacturers.
The testing of DDXDOASes would not be required until such time as DOE
establishes DDXDOAS energy conservation standards and manufacturers are required to comply with those energy conservation standards. As such, small manufacturers will have a substantial timeframe to prepare for the testing detailed in this NOPR. Additionally, small manufacturers already testing to AHRI
9202020 would incur no additional costs as a result of this proposed test procedure.
Issue17: DOE invites comment on the testing costs and timing of testing costs described in this IRFA.
5. Duplication, Overlap, and Conflict With Other Rules and Regulations DOE is not aware of any rules or regulations that duplicate, overlap, or conflict with the proposed rule being considered in this action.

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6. Significant Alternatives to the Rule DOE proposes to reduce burden on manufacturers, including small businesses, by allowing alternative energy efficiency or energy use determination methods AEDMs in lieu of physical testing all basic models. An AEDM is a computer modeling or mathematical tool that predicts the performance of non-tested basic models.
The use of computer modeling is more time-efficient than physical testing.
Without AEDMs, the average cost to rate all basic models would exceed $29
million per small manufacturer, as compared to the $200,000 per small manufacturer in the current proposal.
Additionally, DOE considered alternative test methods and modifications to the test procedure for DDXDOASes, and the Department has tentatively determined that there are no better alternatives than the modifications and test procedures proposed in this NOPR, in terms of both meeting the agencys objectives and reducing burden. DOE examined relevant industry test standards, and the Department incorporated these test procedure would be expected to result in little additional cost, even with the minor modifications proposed by DOE.

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standards in the proposed test procedures whenever appropriate to reduce test burden to manufacturers.
Specifically, this NOPR proposes that DOE establish a test procedure for DDX
DOASes through incorporation by reference of AHRI 9202020 with modifications that are not expected to increase test burden.
In addition, individual manufacturers may petition for a waiver of the applicable test procedure. See 10 CFR
431.401. Also, Section 504 of the Department of Energy Organization Act, 42 U.S.C. 7194, provides authority for the Secretary to adjust a rule issued under EPCA in order to prevent special hardship, inequity, or unfair distribution of burdens that may be imposed on that manufacturer as a result of such rule. Manufacturers should refer to 10 CFR part 1003 for additional details.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of certain commercial package air condition and heating equipment 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/industrial equipment, including commercial package air condition and heating equipment. See generally 10 CFR part 429. The collection-of-information requirement for the certification and recordkeeping is 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.
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.

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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 DOEs NEPA
implementing regulations 10 CFR part 1021. DOE anticipates that this rulemaking qualifies for categorical exclusion A6 because it is a procedural rulemaking and meets the requirements for application of a categorical exclusion. 10 CFR part 1021, subpart D, Appendix A, section A6; 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 4, 1999, imposes certain requirements on Federal 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 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. 6297d 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 3a 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
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