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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations
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 https www.energy.gov/
sites/prod/files/2019/12/f70/
DOE%20Final%20Updated %20IQA%20Guidelines%20Dec %202019.pdf. DOE has reviewed this final rule under the OMB and DOE
guidelines and has concluded that it is consistent with applicable policies in those guidelines.

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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 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 significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use if the regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, 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.

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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.
In this final rule, DOE is codifying the statutory reference to ANSI/AMCA
Standard 20818 as the test method for determining CFEI for large-diameter fans. Because this is a technical amendment for which a general notice of proposed rulemaking is not required and because DOE did not propose the incorporation by reference, section 32
do not apply to this rulemaking.
M. Description of Materials Incorporated by Reference In this final rule, DOE incorporates by reference the test procedure published by AMCA International, titled Calculation of the Fan Energy Index.
Specifically, the test procedure codified by this final rule references ANSI/
AMCA Standard 20818, AMCA 208
18, Calculation of the Fan Energy Index, approved 2018. The procedure defines the fan energy index FEI, outlines the calculations necessary to obtain it, and discusses the test conditions and configurations it applies to. Copies of ANSI/AMCA 20818 may be purchased from the AMCA
International at 30 W University Drive, Arlington Heights, IL 60004, or by going to webstore.ansi.org.
ANSI/AMCA 23015 was previously approved for IBR in appendix U and the reference continues unchanged.
N. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to its effective date.
The report will state that it has been determined that the rule is not a major rule as defined by 5 U.S.C. 8042.
Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule.

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List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, and Small businesses.
Signing Authority This document of the Department of Energy was signed on May 18, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on May 19, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

For the reasons stated in the preamble, DOE amends part 430 of chapter II of title 10, Code of Federal Regulations as set forth below:
PART 430ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:

Authority: 42 U.S.C. 62916309; 28 U.S.C.
2461 note.

2. Section 430.3 is amended by:
a. Revising paragraph a;
b. Redesignating paragraphs b2 and 3 as b3 and 4, respectively; and c. Adding new paragraph b2.
The revision and addition read as follows:

430.3 Materials incorporated by reference.

a Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C.
552a and 1 CFR part 51. To enforce any edition other than that specified in this section, DOE must publish a document in the Federal Register and
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