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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
DOE used data from the BLS to estimate the percent of wages that account for the total employee compensation.48 Using data from these sources, DOE estimates the hourly employer cost of an employee performing these test to be approximately $40.63.49 Using these estimates, DOE determines that there will be a one-time cost of approximately $18,202 for the 28 variable-speed room AC basic models to be re-tested.50
In addition to the re-testing costs, DOE estimates these three manufacturers may have to re-certify their variable-speed room AC basic models to DOE. DOE estimates that manufacturers spend approximately 35
hours per manufacturer to submit a certification report to DOE, which may contain multiple models per report.
DOE used an hourly wage rate of $100
for an employee to complete this certification report.51 Therefore, DOE
estimates that the three manufacturers would spend approximately $10,500 to re-certify their variable-speed room AC
basic models.52
Additional Amendments The additional amendments adopted in this final rule e.g., those applicable to the test procedure for single-speed room ACs will not alter the measured energy efficiency as compared to the previous test procedure. The manufacturers of single-speed room ACs are able to continue relying on data generated under the previous test procedure for single-speed room ACs.
The remainder of the amendments adopted in this final rule are as follows and will not impact test costs or results:
i Modify the room AC definition in 10
CFR 430.2; ii adopt new definitions in appendix F for cooling mode, cooling capacity, combined energy efficiency ratio, and single-speed room air conditioner; iii update engineering technologists and technicians is $28.44.
See: https www.bls.gov/oes/current/
oes173027.htm. Last Accessed on November 12, 2020.
48 Based on data from BLSs June 2020
publication of the Employer Costs for Employee Compensation, wages and salary are 70.0 percent of the total employer costs for a private industry worker. See: https www.bls.gov/bls/news-release/
ecec.htm2020. Last Accessed on November 12, 2020.
49 $28.44/0.700 = $40.63
50 28 number of variable-speed room AC basic models potentially requiring re-testing 2 units tested per basic model 8 hours per test for variable-speed room ACs $40.63 fully burdened hourly labor rate of employee performing the tests = $18,202.24
51 The 35-hour estimate and the $100 hourly wage estimate are based on information from 82 FR
57240; 57242 December 4, 2017.
52 3 number of manufacturers with variablespeed room ACs 35 hours per certification report $100 hourly labor rate = $10,500.

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reference to ANSI/ASHRAE Standard 16
to the most current 2016 version, which includes additional clarification on best practices for air sampler and thermocouple placement; iv specify in appendix F that non-louvered room ACs, which are designed for throughthe-wall installation, must be installed using a compatible wall sleeve per manufacturer instructions, with a provided or manufacturer-required rear grille, and with only the included trim frame and other manufacturer-provided installation materials; v require that the power equipment specifications from Section 4.4 of IEC Standard 62301
Second Edition be used for determining standby mode and off mode power in appendix F; vi adopt and reference the sampling method from Section 5.3.2 of IEC Standard 62301 Second Edition to determine standby mode and off mode average power in appendix F; vii modify the certification requirements to conform the reporting requirements to the current CEER metric, and remove references to the previous performance metric, EER; and viii remove the proposed rounding instructions from the edits made to 10 CFR 430.23f but maintain the rounding instructions proposed in for 10 CFR 429.15.
The amendments described above update referenced standards, modify or add definitions, and provide further instructions and clarification to the existing test procedures, and thus have no impact on testing cost.
2. Other Test Procedure Topics In this final rule, DOE is adopting a number of modifications to the Federal room AC test procedure to clarify provisions where the applicable industry consensus standard may either be silent or not fully address the matter in question. DOE has determined that the modifications are necessary so that the DOE test method satisfies the requirements of EPCA.
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 a significant regulatory action 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.

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B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of a final regulatory flexibility analysis FRFA for any final rule where the agency was first required by law to publish a proposed rule 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: http energy.gov/gc/
office-general-counsel.
DOE reviewed this adopted rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. The final rule prescribes amended test procedures to measure the energy consumption of room ACs in cooling mode, standby modes, and off mode.
DOE concludes that this final rule will not have a significant impact on a substantial number of small entities, and the factual basis for this certification is set forth in the following paragraphs.
The Small Business Administration SBA considers a business entity to be small business, if, together with its affiliates, it employs less than a threshold number of workers specified in 13 CFR part 121. These size standards and codes are established by the North American Industry Classification System NAICS and are available at https www.sba.gov/document/support-table-size-standards. Room AC
manufacturing is classified under NAICS 333415, Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing. The SBA
sets a threshold of 1,250 employees or fewer for an entity to be considered as a small business for this category. DOE
used DOEs Compliance Certification Database to create a list of companies that sell room ACs covered by this rulemaking in the United States.
Additionally, DOE surveyed the AHAM
member directory to identify manufacturers of room ACs. DOE then consulted other publicly available data, purchased company reports from vendors such as Dun and Bradstreet,
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