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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules period. Finally, DOE believes its proposals to revise the compliance certification and representation requirements and to clarify the duration of interim waivers will provide clarity to manufacturers and do not increase the burden on manufacturers, including small businesses. DOE does not anticipate any impact on small businesses as a result of the proposed amendments to 10 CFR 430.27k1 and 10 CFR 431.401k1.
For these reasons, DOE certifies that this proposed rule, if promulgated, would not have a significant economic impact on a substantial number of small entities, and therefore, no regulatory flexibility analysis has been prepared.
DOEs certification and supporting statement of factual basis will be provided to the Chief Counsel of Advocacy of the SBA pursuant to 5
U.S.C. 605b.

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C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of covered products/
equipment must certify to DOE that their products comply with any applicable energy conservation standards. In certifying compliance, manufacturers must test their products according to the DOE test procedures for such products/equipment, including any amendments adopted for those test procedures, on the date that compliance is required. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment. 76 FR 12422
March 7, 2011; 80 FR 5099 Jan. 30, 2015. The collection-of-information requirement for 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.
Specifically, this proposed rule, addressing revisions to DOEs test procedure waiver process, does not
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contain any collection of information requirement that would trigger the PRA.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the National Environmental Policy Act NEPA and DOEs NEPA implementing regulations 10 CFR part 1021. DOEs regulations include a categorical exclusion for rulemakings interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. 10 CFR part 1021, subpart D, appendix A5. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
because it amends an existing rule and does not change the environmental effect of the rule and otherwise meets the requirements for application of a categorical exclusion. 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, Aug. 10, 1999, imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications.
Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this proposed rule and has determined that it would not preempt State law and would not have a substantial direct effect on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. 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 requirements: 1 Eliminate drafting errors and ambiguity; 2 write regulations to minimize litigation; 3
provide a clear legal standard for affected conduct rather than a general standard; and 4 promote simplification and burden reduction. Regarding the review required by section 3a, section 3b of Executive Order 12988
specifically requires that each Executive agency make every reasonable effort to
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ensure that when it issues a regulation, the regulation: 1 Clearly specifies the preemptive effect, if any; 2 clearly specifies any effect on existing Federal law or regulation; 3 provides a clear legal standard for affected conduct while promoting simplification and burden reduction; 4 specifies the retroactive effect, if any; 5 adequately defines key terms; and 6 addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3c of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3a and 3b to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and has determined that, to the extent permitted by law, the proposed rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 UMRA requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Pub. L. 1044, sec. 201
codified at 2 U.S.C. 1531 For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year adjusted annually for inflation, section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. 2 U.S.C. 1532a, b The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed significant intergovernmental mandate, and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect them. On March 18, 1997, DOE
published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR
12820 This policy is also available at https www.energy.gov/gc/officegeneral-counsel under Guidance &
Opinions Rulemaking DOE
examined the proposed rule according to UMRA and its statement of policy and has determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result
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