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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Rules and Regulations
only for the evaluation and issuance of updated efficiency standards, compliance with the amended test procedure does not require use of such modified test procedure provisions until the implementation date of updated standards.
In addition, DOE amends the introductory note in both appendix D1
and appendix D2 to remove reference to the optional early use of the test procedures before the compliance date of the current clothes dryer energy conservation standards, which was January 1, 2015.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this test procedure rulemaking is not a significant regulatory action under section 3f of Executive Order E.O.
12866, Regulatory Planning and Review, 58 FR 51735 Oct. 4, 1993. Accordingly, this action was not subject to review under the E.O. by the Office of Information and Regulatory Affairs OIRA in OMB.

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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 a final regulatory flexibility analysis FRFA for any final rule where the agency was first required by law to publish a proposed rule 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 E.O. 13272, Proper Consideration of Small Entities in Agency Rulemaking, 67 FR 53461
August 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 DOE
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.
DOE reviewed this final rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. DOE has concluded that this final rule will not have a significant impact on a substantial number of small entities. The factual basis for this determination is as follows:
The Small Business Administration SBA considers a business entity to be a small business, if, together with its
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affiliates, it employs less than a threshold number of workers or earns less than the average annual receipts specified in 13 CFR part 121. The threshold values set forth in these regulations use size standards and codes established by the North American Industry Classification System NAICS that are available at:
www.sba.gov/document/support--tablesize-standards. The threshold number for NAICS classification code 335220, major household appliance manufacturing, which includes clothes dryer manufacturers, is 1,500
employees.
Most of the manufacturers supplying clothes dryers are large multinational corporations. DOE collected data from DOEs compliance certification database 54 and surveyed the AHAM
member directory to identify manufacturers of clothes dryers. DOE
then consulted publicly-available data, purchased company reports from vendors such as Dun and Bradstreet, and contacted manufacturers, where needed, to determine if they meet the SBAs definition of a small business manufacturing facility and have their manufacturing facilities located within the United States. Based on this analysis, DOE did not identify any small businesses that manufacture clothes dryers covered by the proposed test procedure amendments.
Additionally, as described in section III.G of this document, the amendments proposed in this test procedure will not increase costs to clothes dryer manufacturers. Therefore, DOE
concludes that the cost effects accruing from the final rule will not have a significant economic impact on a substantial number of small entities, and that the preparation of a FRFA is not warranted. DOE has submitted a 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 of 1995
Manufacturers of clothes dryers must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping 54 www.regulations.doe.gov/certification-data Last accessed February 2, 2019.

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requirements for all covered consumer products and commercial equipment, including clothes dryers. See generally 10 CFR part 429 The collection-ofinformation 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 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
In this final rule, DOE establishes test procedure amendments that it expects will be used to develop and implement future energy conservation standards for clothes dryers. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. and DOEs implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for measuring energy efficiency of consumer products and industrial equipment is consistent with activities identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an environmental assessment nor an environmental impact statement is required.
E. Review Under Executive Order 13132
E.O. 13132, Federalism, 64 FR
43255 August 4, 1999, imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The E.O. 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 E.O. 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
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