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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Proposed Rules
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policies used to select the proposed standard level, as described in this section, will be used to guide the selection of the final standard level or a determination that no new or amended standard is justified.
8. Test Procedures a Pre-NOPR Stage. 1 General. In determining whether to consider establishing or amending any test procedure, DOE will publish one or more preliminary documents in the Federal Register e.g., an RFI or NODA intended to gather information on key issues.
2 Satisfaction of Statutory Criteria. As part of such documents, DOE will solicit submission of comments, data, and information on whether DOE should proceed with the rulemaking, including whether: A
new test procedure would satisfy the relevant statutory criteria that test procedures be reasonably designed to produce test results which measure energy efficiency, energy use, water use in the case of showerheads, faucets, water closets and urinals, or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Secretary, and shall not be unduly burdensome to conduct; or an amended test procedure would more fully or accurately comply with the aforementioned statutory criteria. Based on the information received in response to such request and its own analysis, DOE will determine whether to proceed with a rulemaking for a new or amended test procedure.
3 If DOE determines that a new or amended test procedure would not satisfy the applicable statutory criteria, DOE will engage in notice-and-comment rulemaking to issue a determination that a new or amended test procedure is not warranted.
4 If DOE receives sufficient information suggesting a new or amended test procedure may satisfy the applicable statutory criteria or the information received is inconclusive with regard to the statutory criteria, DOE will move forward with the rulemaking to issue or amend a test procedure.
5 In those instances where the available information either suggested that a new or amended test procedure might be warranted or in which the information was inconclusive on this point, and DOE undertakes a rulemaking to establish or amend a test procedure, DOE may still ultimately determine that such a test procedure does not satisfy the applicable statutory criteria at a later stage of the rulemaking.
6 Public comment and hearing. The length of the public comment period for preNOPR rulemaking documents will be determined on a case-by-case basis and may vary depending upon the circumstances of the particular rulemaking. For pre-NOPR
documents, DOE will determine whether a public hearing is appropriate.
b NOPR Stage. 1 Documentation of decisions on proposed test procedure. The Department will publish a NOPR in the Federal Register that proposes a new or amended test procedure and explains how the test procedure satisfies the applicable statutory criteria.
2 Public comment and hearing. There will be not less than 60 days for public
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comment on the NOPR, with at least one public hearing or workshop. 42 U.S.C.
6295p2 and 42 U.S.C. 6306
3 Revisions to the analyses and establishment of a final test procedure. Based on the public comments received, DOE will review the proposed test procedure, and make modifications as necessary. As part of this process, DOE may issue an RFI, NODA, SNOPR, or other rulemaking document, as appropriate.
c Final Rule Stage. The Department will publish a Final Rule in the Federal Register that establishes or amends a test procedure, responds to public comments received on the NOPR and any subsequent rulemaking documents, and explains how the new or amended test procedure meets the applicable statutory requirements.
d Adoption of Industry Test Methods.
DOE will adopt industry test procedure standards as DOE test procedures for covered products and equipment, but only if DOE
determines that such procedures would not be unduly burdensome to conduct and would produce test results that reflect the energy efficiency, energy use, water use as specified in EPCA or estimated operating costs of that equipment during a representative average use cycle. DOE may also adopt industry test procedure standards with modifications or craft its own procedures as necessary to ensure compatibility with the relevant statutory requirements, as well as DOEs compliance, certification, and enforcement requirements.
e Issuing final test procedure modification. Test procedure rulemakings establishing methodologies used to evaluate proposed energy conservation standards will be finalized prior to publication of a NOPR
proposing new or amended energy conservation standards.
f Effective Date of Test Procedures. If required only for the evaluation and issuance of updated efficiency standards, use of the modified test procedures typically will not be required until the implementation date of updated standards.
9. ASHRAE Equipment EPCA provides unique statutory requirements and a specific set of timelines for certain enumerated types of commercial and industrial equipment generally, commercial water heaters, commercial packaged boilers, commercial airconditioning and heating equipment, and packaged terminal air conditioners and heat pumps i.e., ASHRAE equipment.
a ASHRAE Trigger Rulemakings for Energy Conservation Standards. Pursuant to EPCAs statutory scheme for covered ASHRAE equipment, DOE is required to consider amending the existing Federal energy conservation standards for ASHRAE
equipment when ASHRAE Standard 90.1 is amended with respect to standards or design requirements applicable to such equipment.
1 Not later than 180 days after the amendment of ASHRAE Standard 90.1, DOE
will publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards for the affected equipment.

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2 Not later than 18 months after the amendment of ASHRAE Standard 90.1, DOE
must adopt amended energy conservation standards at the new efficiency level in ASHRAE Standard 90.1 as the uniform national standard for the affected equipment, unless DOE determines by rule, and supported by clear and convincing evidence, that a more-stringent standard would result in significant additional conservation of energy and is technologically feasible and economically justified. In such case, DOE
must adopt the more-stringent standard for the affected equipment not later than 30
months after amendment of ASHRAE
Standard 90.1.
3 Regarding amendments to ASHRAE
Standard 90.1 involving energy conservation standards, DOE considers an amendment of a standard level to occur when an updated version of ASHRAE Standard 90.1 publishes i.e., not at the time that an addendum to ASHRAE Standard 90.1 is released or approved. In addition, DOE considers an amendment of standard levels in ASHRAE
Standard 90.1 to be only those changes resulting in an increase in stringency of standard levels relative to the current Federal standards or the adoption of a design requirement.
b ASHRAE Trigger Rulemakings for Test Procedures. Pursuant to EPCAs statutory scheme for covered ASHRAE equipment, DOE is required to consider amending the existing Federal test procedures for such equipment when ASHRAE Standard 90.1 is amended with respect to test procedures applicable to such equipment.
1 DOE shall amend the test procedure for ASHRAE equipment, as necessary, to be consistent with the amended ASHRAE
Standard 90.1, unless DOE determines by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements in 42 U.S.C. 6314a23, which generally provide that the test procedure must produce results which reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle and not be unduly burdensome to conduct. If DOE makes such a determination, DOE may establish an amended test procedure for such equipment that meets the requirements in 42 U.S.C.
6314a23.
2 With regard to test procedures for ASHRAE equipment, EPCA requires DOE to adopt test procedures consistent with applicable industry test standards. DOE notes that the statutory language consistent with provides some flexibility in adopting the amended industry test procedure. As EPCA
does not require DOE to adopt a test procedure identical to the applicable industry test standard, DOE may make modifications that are consistent with the applicable industry test standard. Further, DOE is not required to adopt or align with sections of the industry test standard that are not necessary for the method of test for metrics included in the DOE test procedure e.g., sections of the industry test procedure regarding selection of models for testing under an industry certification program, verification of represented values and the associated tolerances, and operational
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