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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations and contacted manufacturers, where needed, to determine if they meet the SBAs definition of a small business manufacturing facility and have their manufacturing facilities located within the United States. Based on this analysis, DOE did not identify any small businesses that currently manufacture room ACs in the United States. DOE
requested comment on its initial determination that there are no small businesses that manufacture room ACs in the United States. 85 FR 35700, 35733 Jun. 11, 2020. DOE received no comment on this issue.
Because DOE did not identify any small businesses that manufacture room ACs in the United States, DOE
concludes that the impacts of the test procedure amendments adopted in this final rule will not have a significant economic impact on a substantial number of small entities, and that the preparation of an FRFA is not warranted.
DOE has submitted a certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605b.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of room ACs must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including room ACs. See generally 10
CFR part 429. The collection-ofinformation requirement for the 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
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that collection of information displays a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969
NEPA, DOE has analyzed this action in accordance with NEPA and DOEs NEPA implementing regulations 10
CFR part 1021. DOE has determined that this rule qualifies for categorical exclusion under 10 CFR part 1021, subpart D, Appendix A5 because it is an interpretive rulemaking that does not change the environmental effect of the rule and meets the requirements for application of a CX. See 10 CFR
1021.410. Therefore, DOE has determined that promulgation of this rule is not a major Federal action significantly affecting the quality of the human environment within the meaning of NEPA, and does not require an EA or EIS.
E. Review Under Executive Order 13132
Executive Order 13132, Federalism, 64 FR 43255 August 4, 1999, imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE
examined this final rule and determined that it will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this final rule.
States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. 42
U.S.C. 6297d No further action is required by Executive Order 13132.

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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. Section 3b of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that 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 determined that, to the extent permitted by law, this final 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. Public Law 1044, sec.
201 codified at 2 U.S.C. 1531. For a regulatory action resulting 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
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