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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 3. Other Test Procedure Topics In addition to the issues identified earlier in this document, DOE welcomes comment on any other aspect of the existing test procedures for clothes washers. Note that DOE also issued an RFI to seek more information on whether its test procedures are reasonably designed, as required by EPCA, to produce results that measure the energy use or efficiency of a product during a representative average use cycle or period of use. 84 FR 9721 Mar.
18, 2019. DOE particularly seeks comment on this issue as it pertains to the test procedures for clothes washers, as well as information that would help DOE create a procedure that is not unduly burdensome to conduct.
Comments regarding repeatability and reproducibility are also welcome.

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L. Compliance Date and Waivers EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register. 42
U.S.C. 6293c2; 42 U.S.C. 6314d1
To the extent the new test procedure at Appendix J proposed in this document is required only for the evaluation and issuance of updated efficiency standards, use of new Appendix J, if finalized, would not be required until the compliance date of any updated standards. Section 8d of appendix A to 10 CFR part 430 subpart C; 10 CFR
431.4.
If DOE were to publish amended test procedures, EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. 42 U.S.C. 6293c3; 42
U.S.C. 6314d2 To receive such an extension, petitions must be filed with DOE no later than 60 days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. Id.
Upon the compliance date of test procedure provisions of an amended test procedure, should DOE issue a such an amendment, any waivers that had been previously issued and are in effect that pertain to issues addressed by such provisions are terminated. 10 CFR
430.27h2; 10 CFR 431.401h2.
Recipients of any such waivers would be required to test the products subject to the waiver according to the amended test procedures as of the compliance
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date of the amended test procedures.
The amendments proposed in this NOPR pertain to issues addressed by waivers granted to Whirlpool case no.
CW026 and Samsung case no. CW
027. 81 FR 26215; 82 FR 17229, respectively.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this test procedure rulemaking does not constitute significant regulatory actions 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.
B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of an initial regulatory flexibility analysis IRFA for any rule that by law must be proposed 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. DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. The following sections detail DOEs IRFA for this test procedure rulemaking.
1. Description of Reasons Why Action Is Being Considered The Energy Policy and Conservation Act, as amended EPCA,94 requires that, at least once every 7 years, DOE
evaluate test procedures for RCWs. 42
U.S.C. 62916317 EPCA also requires the test procedures for CCWs to be the same as the test procedures established for RCWs. 42 U.S.C. 6314a8 As with 94 All
references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.

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the test procedures for RCWs, EPCA
requires that DOE evaluate, at least once every 7 years, the test procedures for CCWs.
2. Objective of, and Legal Basis for, Rule EPCA, as amended, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317 Title III, Part B 95 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These products include RCWs. 42 U.S.C.
6292a7 Title III, Part C 96 of EPCA, added by Public Law 95619, Title IV, 441a, established the Energy Conservation Program for Certain Industrial Equipment. This equipment includes CCWs. 42 U.S.C. 63111H
Both RCWs and CCWs are the subject of this document.
EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including RCWs, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. 42 U.S.C.
6293b1A
EPCA requires the test procedures for CCWs to be the same as the test procedures established for RCWs. 42
U.S.C. 6314a8 As with the test procedures for RCWs, EPCA requires that DOE evaluate, at least once every 7
years, the test procedures for CCWs to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle. 42 U.S.C. 6314a1
3. Description and Estimate of Small Entities Regulated DOE uses the Small Business Administrations SBA small business size standards to determine whether manufacturers qualify as small 95 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.
96 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A1.

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