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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

Department continues to conclude that these standards should remain separate.
As discussed previously, NEMA
suggested that to prevent backsliding, in conjunction with a combined metric, DOE could create a separate requirement for the efficiency of the electrical component. NEMA, No. 26 at pp. 68 For example, under such an approach, DOE would establish a combined metric e.g., AFUE2 but would additionally require that the furnace fan maintain a level of efficiency e.g., FER no lower than the currently established FER standard.
However, this approach was not suggested in the AHRI Petition, and DOE is not considering a modified combined metric, because with certain limited exceptions, DOE has interpreted the statutory definition of energy conservation standard at 42 U.S.C.
62916 and 42 U.S.C. 631118 as permitting establishment of only a single performance standard.11
Furthermore, DOE notes that it is not clear that this suggested alternate approach would reduce the regulatory burden on manufacturers because a combined metric would have to include separate measurements and calculations for fuel consumption efficiency to be compared to current AFUE standards, standby mode and off mode power consumption to be compared to current PW,SB and PW,OFF standards, and furnace fan efficiency to be compared to current FER standards in order to prevent backsliding vis-a-vis any of the current metrics. Therefore, such an approach would effectively add an extra metric e.g., AFUE2 without replacing 11 DOE notes that it has adopted dual metrics under 42 U.S.C. 6313a6A, when the American Society of Heating, Refrigerating and Air Conditioning Engineers ASHRAE has amended ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings, and set a dual metric and accompanying standard levels. See, e.g., 77 FR 28928 May 16, 2012 DOE
adopted energy conservation standards for cooling and heating modes in terms of both Energy Efficiency Ratio EER and Coefficient of Performance COP for variable refrigerant flow VRF water-source heat pumps with cooling capacities at or greater than 135,000 Btu/h and less than 760,000 Btu/h for which DOE did not previously have standards in response to updated standards for such equipment in ASHRAE Standard 90.1. DOE has also adopted a dual metric where a consensus agreement has been presented to DOE
for adoption as a direct final rule DFR pursuant to 42 U.S.C. 6295p4. See, e.g., 76 FR 37408 June 27, 2011 For central air conditioners, DOE
adopted dual metrics i.e., the Seasonal Energy Efficiency Ratio SEER and EER for the hot-dry region as recommended by a consensus agreement supported by a variety of interested stakeholders including manufacturers and environmental and efficiency advocates. DOE has interpreted these specific statutory provisions as authorizing an exception to the general rule previously stated.

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any of the current metrics in practical terms.
Because DOE has determined that the proposed AFUE2 combined metric for furnaces and furnace fans would not be permitted under EPCA, DOE considers other comments received regarding the AHRI Petition, and in particular whether DOE should propose to adopt the AFUE2 metric, to be resolved. With regard to comments suggesting that DOE
should align its future rulemakings for furnaces and furnace fans to minimize regulatory burden on manufacturers, DOE notes that it is bound by the statutory timeline provisions set out in EPCA. In particular, EPCA provides that, not later than 6 years after the issuance of any final rule establishing or amending a standard, DOE must publish either a notice of determination that standards for the product do not need to be amended, or a NOPR including new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C. 6295m1
EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including furnaces and furnace fans, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use. 42 U.S.C.
6293b1A To the extent feasible, DOE will seek to align the statutory review schedules for furnaces and furnace fans consistent with the provisions EPCA.
V. Denial of Petition Taking into account all of the factors discussed above and consistent with the requirements under EPCA, DOE is hereby denying AHRIs petition for rulemaking.
VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final denial of petition for rulemaking.
Signing Authority This document of the Department of Energy was signed on September 9, 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
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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 September 9, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.
FR Doc. 202119813 Filed 92021; 8:45 am BILLING CODE 645001P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
MD Docket 21190; FCC 2198; FRS 47254

Assessment and Collection of Regulatory Fees for Fiscal Year 2021
Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:

In this document, the Federal Communications Commission Commission seeks comment on two issues that impact regulatory fees. First, what methodology should we use to assess regulatory fees on unlicensed spectrum users, and second, how should we calculate the fee for small satellites that will become a feeable category in FY 2022.
DATES: Submit comments on or before October 21, 2021 and reply comments on or before November 5, 2021.
ADDRESSES: Interested parties may file comments and reply comments identified by MD Docket No. 21190, by any of the following methods below.
Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http apps.fcc.gov/
ecfs/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commissions Secretary, Office of the Secretary, Federal Communications Commission.
Commercial overnight mail other than U.S. Postal Service Express Mail SUMMARY:

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