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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices caution in developing its reporting requirements for covered products.
AHRI noted that DOE should only collect information necessary to ensure compliance. AHRI, No. 2 at p. 2 AHRI
stated that most of the data DOE collects is considered confidential business information, and improper disclosure could significantly harm manufacturers.
AHRI therefore requested that DOE
restrict its data collection only to that which is necessary to demonstrate compliance. AHRI added that DOE
should take appropriate measures to protect the confidential data in its possession and inform manufacturers of a breach immediately. AHRI, No. 2 at p. 2
DOE appreciates the feedback from AHRI. DOE notes that it aims to limit the collection of information implemented in the regulatory language to include only information necessary to ensure compliance with energy conservation standards. In its regulatory process, DOE outlines the certification requirements in a proposal and requests comment and input from stakeholders prior to finalizing those requirements.
DOE is not considering amending its certification regulations as part of this notice. However, it will consider these comments in any future rulemakings that address certification requirements.
DOE notes that access to CCMS is currently secured by password protection. All users are required to register with CCMS and establish usernames and passwords to access CCMS. CCMS complies with the system security standards for Federal systems established by the National Institute of Standards and Technology and set forth in NIST 80053.
DOE requested comment on the accuracy of the agencys estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.
DOE received no comments regarding the accuracy of its burden of the information collection activities estimates. Therefore, DOE has not modified those estimates in this notice.
DOE requested comment on ways to enhance the quality, utility, and clarity of the information to be collected. DOE
also requested comment on ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
In response, AHRI commented that DOE is frequently late in releasing reporting templates which creates outsized and unnecessary burden on manufacturers and third-party certifiers.
AHRI argued that the last-minute release
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of a template is unjustified as the Department knows the data it intends to collect when it promulgates a rule.
AHRI asked that OMB decline DOEs data collection authorization unless DOE promulgates a regulation that requires the release of the reporting templates concurrent with the corresponding regulatory language in the Federal Register or at least 180 days before the template is effective if the change did not result from a rule change. AHRI added that the lack of adequate notice undermines due process and facially violates the principles of the Paperwork Reduction Act. AHRI asserted that DOE must release the templates contemporaneously with the final rule.
AHRI argued that, upon publication of the final rule, because DOE has already decided what data it intends to collect, it should also be required to provide adequate notice of the format that it intends to use to collect the data so that stakeholders can respond accordingly AHRI, No. 2 at p. 36
AHRI commented that, although the reporting requirements for all new test procedures or energy conservation standards are presented in the Federal Register and Code of Federal Regulations, the format it is presented in is not useful to stakeholders. AHRI
commented that the team of programmers they employ to manage their directory and to facilitate the regulatory reporting need a minimum of 3 months to write the necessary data transfer programs. AHRI added that they cannot begin work on the programming until they have received the final certification template. AHRI noted that DOE continues to deliver late templates despite AHRI having issued multiple requests, held meetings, and filed comments requesting a predictable deadline of at least six months to a year prior to the effective date of a standard.
AHRI expressed concern that the change of OMB control number rollout and other effective immediately templates are especially burdensome.
AHRI noted that a template amendment as small as a change of an OMB control number requires re-coding and reprogramming data maps and testing those changes. AHRI listed several instances in which they felt that the timeframe between certification template release and the required certification date was insufficient. AHRI
commented that stakeholders must have an ability to plan workflows and predictably allocate resources to reporting. AHRI added that stakeholders cannot make business plans for regulatory compliance unless DOE is transparent and consistent in
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predictably delivering final reporting templates.
DOE appreciates the feedback from AHRI. DOE strives to make certification templates available in a timely manner and will work to post new or revised templates well in advance of certification deadlines. DOE notes that, in the past, AHRI generally has requested that DOE post certification templates six weeks prior to their required use. However, DOE notes that AHRI also requested six months in a comment on DOEs Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products rulemaking AHRI, EERE
2017BTSTD0062, No. 51 at pg. 32.
Going forward, DOE will make its best effort to release new product certification templates at least 180 days prior to their required use.
DOE explains that typically it does not require manufacturers to recertify on newly posted templates until the annual certification date unless manufacturers are required to do so in order to demonstrate compliance with amended standards. For example, DOE posted a template for automatic commercial ice makers on December 18, 2017. In the announcement DOE stated, Submissions made on previous versions of the template do not have to be resubmitted until the August 1, 2018
annual certification date if they comply with the amended performance standards. DOE notes that it explains the reason a new template is posted in its template announcement and email notification. DOE also notes the CCMS
product-template download page maintains a newsfeed on the left side See https www.regulations.doe.gov/
ccms/templates. Regarding the renewal of an OMB control number, DOE notes that this change does not trigger any changes to data maps and should only require updating of a filename in any code.
The American Lighting Association ALA, Association of Home Appliance Manufacturers AHAM, Hearth, Patio &
Barbecue Association HPBA, and the Information Technology Industry Council ITI collectively, the Joint Commenters, AHRI, and Carrier all expressed strong support for the elimination of duplicative reporting requirements. The Joint Commenters, No. 3 at p. 2; AHRI, No. 2 at p. 2; Carrier No. 4 at p. 1
The Joint Commenters and AHRI each expressed support for DOEs proposal to add fields to CCMS that would allow the California Energy Commission CEC
to accept CCMS reports in satisfaction of applicable state reporting requirements.

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