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Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Rules and Regulations Database for very large WCUACs, which did not raise similar concerns, as the max-tech level for very large WCUACs.
Using this next highest efficiency level for very large WCUACs and the max-tech efficiency levels for the small and large classes of WCUACs, DOE
calculated that amended standards would result in additional site energy savings of no more than 0.0046 quads for all WCUAC classes during the analysis period. DOE has determined the energy savings potential for WCUACs is de minimis. A sensitivity analysis allowing for a factor of 10
increase in shipments also resulted an energy savings potential that is de minimis see Section III.C.3. Therefore, DOE has determined that it lacks clear and convincing evidence that amended standards for WCUACs would result in significant additional conservation of energy. Based on the consideration of significant additional conservation of energy and that these markets are small and may be declining, DOE has determined that the energy conservation standards for ECUACs and WCUACs do not need to be amended.
V. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563
This final determination has been determined to be not significant for purposes of Executive Order E.O.
12866, Regulatory Planning and Review, 58 FR 51735 Oct. 4, 1993. As a result, the Office of Management and Budget OMB did not review this final determination.

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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 an initial regulatory flexibility analysis IRFA for any rule that by law must be proposed 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
Aug. 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 rulemaking process. 68 FR 7990. DOE
has made its procedures and policies available on the Office of the General Counsels website https energy.gov/
gc/office-general-counsel.

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In response to the NOPD, UCA
provided a number of general comments regarding the potential impacts of efficiency regulations on equipment and small businesses. UCA commented that small businesses are often not members of trade associations and do not have staff reading the Federal Register, and therefore do not get information on regulations. UCA also stated that small businesses generally do not have the resources to evaluate and access newer technologies at the same time as larger companies and do not have the resources to develop an alternative efficiency determination method. UCA
further stated that small commercial HVAC manufacturers have higher costs to fabricate units for testing. UCA No.
111, pp. 23
DOE reviewed this final determination pursuant to the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003. As stated, this final determination is not amending standards for ECUACs and WCUACs.
Further, this final determination does not amend the certification and reporting requirements. Therefore, DOE
certifies that this final determination has no significant economic impact on a substantial number of small entities.
Accordingly, DOE has not prepared a final regulatory flexibility analysis FRFA for this final determination.
DOE will transmit this 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 Manufacturers of ECUACs and WCUACs must certify to DOE that their equipment complies with any applicable energy conservation standards. In certifying compliance, manufacturers must test their equipment according to the DOE test procedures for ECUACs and WCUACs, 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 ECUACs and WCUACs. 76 FR
12422 March 7, 2011; 80 FR 5099 Jan.
30, 2015. The collection-of-information 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

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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 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 final determination in accordance with NEPA
and DOEs NEPA implementing regulations 10 CFR part 1021. DOE has determined that this rule qualifies for categorical exclusion A4 because it is an interpretation or ruling in regards to an existing regulation and otherwise meets the requirements for application of a categorical exclusion. 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 environmental assessment or an environmental impact statement.
E. Review Under Executive Order 13132
Executive Order 13132, Federalism, 64 FR 43255 Aug. 10, 1999, imposes certain requirements on Federal 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. As this final determination does not amend the standards for ECUACs and WCUACs, there is no impact on the policymaking discretion of the States. Therefore, no action is required by Executive Order 13132.

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