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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 2. Reporting 3. Reporting Costs and Impacts I. Dedicated-Purpose Pool Pumps 1. Scope of Applicability 2. Reporting 3. Reporting Costs and Impacts J. Draft Certification Templates for Review IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866
and 13563
B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995
1. Description of the Requirements 2. Method of Collection 3. Data 4. Conclusion D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
M. Materials Incorporated by Reference V. Public Participation A. Submission of Comments B. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary
I. Authority and Background
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A. Authority The Energy Policy and Conservation Act, as amended EPCA 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317, as codified Title III, Part B 2
of EPCA, Public Law 94163, established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. Title III, Part C 3 of EPCA, added by Public Law 95
619, Title IV, section 441a, established the Energy Conservation Program for Certain Industrial Equipment. These products and equipment include CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs, the subjects of this document. 42 U.S.C. 6292a46 and 14; 42 U.S.C. 6295u and ff; 42
U.S.C. 63111A and H
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated as Part A.
3 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated at Part A1.

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Under EPCA, the energy conservation program consists essentially of four parts: 1 Testing, 2 labeling, 3 the establishment of Federal energy conservation standards, and 4
certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions 42 U.S.C. 6291; 42 U.S.C. 6311, test procedures 42 U.S.C. 6293; 42 U.S.C.
6314, labeling provisions 42 U.S.C.
6294; 42 U.S.C. 6315, energy conservation standards 42 U.S.C. 6295;
42 U.S.C. 6313, and the authority to require information and reports from manufacturers 42 U.S.C. 6296; 42
U.S.C. 6316.
The Federal testing requirements consist of test procedures that manufacturers of covered products and equipment must use as the basis for: 1
Certifying to DOE that their products or equipment comply with the applicable energy conservation standards adopted pursuant to EPCA 42 U.S.C. 6295s; 42
U.S.C. 6316a, and 2 making representations about the efficiency of those consumer products or industrial equipment 42 U.S.C. 6293c; 42 U.S.C.
6314d. Similarly, DOE must use these test procedures to determine whether the products or equipment comply with relevant standards promulgated under EPCA. 42 U.S.C. 6295s; 42 U.S.C.
6316a EPCA authorizes DOE to enforce compliance with the energy and water conservation standards established for covered products and equipment. 42
U.S.C. 62996305; 42 U.S.C. 6316a b DOE has promulgated enforcement regulations that include reporting requirements for covered products and equipment including CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs. See title 10 of the Code of Federal Regulations CFR part 429.
The certification regulations ensure that DOE has the information it needs to assess whether regulated products and equipment sold in the United States comply with the law.
B. Background DOEs certification regulations are a mechanism that DOE uses to help ensure compliance with its regulations by collecting information about the energy and water use characteristics of covered products and covered equipment sold in the United States.
Manufacturers of all covered products and covered equipment must submit a certification report before a basic model is distributed in commerce, annually thereafter, and if the basic model is redesigned in such a manner to increase
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the consumption or decrease the efficiency of the basic model such that the certified rating is no longer supported by test data. Additionally, manufacturers must report when production of a basic model has ceased and is no longer offered for sale as part of the next annual certification report following such cessation. DOE requires the manufacturer of any covered product or covered equipment to establish, maintain, and retain the records of certification reports, of the underlying test data for all certification testing, and of any other testing conducted to satisfy the requirements of part 429, part 430, and/or part 431 until two years after notifying DOE that a model has been discontinued. 10 CFR
429.71. Certification reports provide DOE and consumers with comprehensive, up-to-date efficiency information and support effective enforcement.
To ensure that all covered products and covered equipment distributed in the United States comply with DOEs energy and water conservation standards and reporting requirements, DOE has promulgated certification, compliance, and enforcement regulations in 10 CFR part 429. On March 7, 2011, the Department published in the Federal Register a final rule regarding Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment, which revised, consolidated, and streamlined the Departments existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under EPCA. 76 FR
12422.4 Since that time, DOE has also completed multiple rulemakings regarding Certification, Compliance, and Enforcement for specific covered products or equipment. See, for example, the May 5, 2014, final rule regarding certification of commercial and industrial heating, ventilating, air conditioning HVAC, refrigeration, and water heating equipment. 79 FR 25486.
In this rulemaking, DOE is once again proposing to revise its certification regulations for certain covered products, as further detailed below.
1. Ceiling Fan Light Kits CFLKs are covered products for which DOE is authorized to establish and amend energy conservation standards and test procedures. 42
4 DOE subsequently published two correction notifications on May 2, 2011 to correct a drafting error and erroneous internal cross references and on August 2, 2011 to correct presentation of a formula. 76 FR 24762; 76 FR 46202, respectively.

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