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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
March 18, 1988, that this proposed regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S.
Constitution.

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J. Review Under Treasury and General Government Appropriations Act, 2001
Section 515 of the Treasury and General Government Appropriations Act, 2001 44 U.S.C. 3516 note provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMBs guidelines were published at 67 FR
8452 Feb. 22, 2002, and DOEs guidelines were published at 67 FR
62446 Oct. 7, 2002. Pursuant to OMB
Memorandum M1915, Improving Implementation of the Information Quality Act April 24, 2019, DOE
published updated guidelines which are available at www.energy.gov/sites/prod/
files/2019/12/f70/
DOE%20Final%20Updated %20IQI%20Guidelines%
20Dec%202019.pdf. DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 May 22, 2001, requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A
significant energy action is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that 1
is a significant regulatory action under Executive Order 12866, or any successor order; and 2 is likely to have a significant adverse effect on the supply, distribution, or use of energy; or 3 is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedures for measuring the energy efficiency of RCWs and CCWs is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply,
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distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA.
Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
Under section 301 of the Department of Energy Organization Act Pub. L. 95
91; 42 U.S.C. 7101, DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. 15 U.S.C.
788; FEAA Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32c requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission FTC
concerning the impact of the commercial or industry standards on competition.
The proposed modifications to the test procedures for clothes washers would continue to incorporate testing methods contained in certain sections of the following commercial standards:
AATCC Test Method 792010, AATCC
Test Method 1182007, AATCC Test Method 1352010, and IEC 62031. DOE
has evaluated these standards and is unable to conclude whether it fully complies with the requirements of section 32b of the FEAA i.e., whether it was developed in a manner that fully provides for public participation, comment, and review. DOE will consult with both the Attorney General and the Chairman of the FTC
concerning the impact of these test procedures on competition, prior to prescribing a final rule.
M. Description of Materials Incorporated by Reference In this NOPR, DOE proposes to incorporate by reference the test standard published by AATCC, titled Absorbency of Textiles, AATCC Test Method 792010. DOE also proposes to incorporate by reference the test standard published by AATCC, titled Oil Repellency: Hydrocarbon Resistance Test, AATCC Test Method 1182007. AATCC 792010 and AATCC
1182007 are industry-accepted test procedure that verify the presence or absence of water repellent finishes on fabric by measuring the water absorbency and oil repellency of the fabric, respectively.

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In this NOPR, DOE proposes to incorporate by reference the test standard published by AATCC, titled Dimensional Changes of Fabrics after Home Laundering, AATCC Test Method 1352010. AATCC 1352010 is an industry-accepted test procedure for measuring dimensional changes in fabric shrinkage due to laundering.
All three of these AATCC test methods are currently incorporated by reference for use in Appendix J2. This NOPR proposes to transfer the references to these test methods to Appendix J3. Copies of AATCC test methods can be obtained from AATC, P.O. Box 12215, Research Triangle Park, NC 27709, 919 5493526, or by going to www.aatcc.org.
In this NOPR, DOE proposes to incorporate by reference the test standard published by IEC, titled Household electrical appliances Measurement of standby power, Edition 2.0, 201101, IEC 62301. IEC
62301 is an industry-accepted test procedure for measuring standby energy consumption. IEC 62301 is currently incorporated by reference for use in Appendix J2, which references specific provisions of the industry standard. See 10 CFR 430.3o6. This NOPR proposes to include the same references in the proposed new Appendix J.
Copies of IEC 62301 available from the American National Standards Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036, 212 6424900, or by going to webstore.ansi.org.
V. Public Participation A. Participation in the Webinar The time and date of the webinar are listed in the DATES section at the beginning of this document. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOEs website: www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=
68&action=viewlive. Participants are responsible for ensuring their systems are compatible with the webinar software.
Additionally, you may request an inperson meeting to be held prior to the close of the request period provided in the DATES section of this document.
Requests for an in-person meeting may be made by contacting Appliance and Equipment Standards Program staff at 202 2871445 or by email: Appliance_
Standards_Public_Meetings@ee.doe.gov.

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