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Federal Register / Vol. 86, No. 194 / Tuesday, October 12, 2021 / Rules and Regulations FSI commented in response to the December 2019 NOPR that DOE energy tests for small companies without their own test facilities may cost $5,000 per test, and this cost is an impediment to innovation. FSI further supported the use of computer-aided design CAD
instead of volume measurements to reduce costs and improve accuracy and reproducibility of testing. FSI strongly urged DOE to simplify setup and test procedures to drive this cost down. FSI
observed that innovation often comes from new and small companies and that increasing regulatory burden or complexity is a significant barrier to the kind of innovation taking place in these businesses. FSI, No. 21, p. 2
DOE recognizes these comments and notes they are similar to those submitted by FSI in response to the June 2017 RFI
FSI, No. 6, pp. 23, which DOE
considered in the December 2019
NOPR. 84 FR 70842, 70862. DOE is not establishing any amendments to the test procedures for refrigeration products that would increase the cost of these tests at third-party or manufacturer test laboratories. DOE also understands that relying on CAD to calculate volumes decreases test burden compared to physically measuring volume on each test unit. Accordingly, DOE already allows manufacturers to use such designs in certifying product volumes.
In 10 CFR 429.72, DOE states that total refrigerated volume of a basic model may be determined by performing a calculation of the volume based upon CAD models of the basic model in lieu of physical measurements of a production unit of the basic model, according to the applicable provisions in the test procedures for measuring volume. Regarding complexity of the test procedures, DOE notes that the amendments established in this final rule harmonize with the industry test method, improve clarity, and overall are expected to decrease costs associated with testing.
As discussed in section III.K of this document, DOE does not expect any other amendments established in this final rule to impact testing, certification, or labelling costs for manufacturers.
Overall, DOE estimates that the amendments for small businesses would translate to a cost savings of approximately $93,000 each year.
Therefore, DOE concludes that the cost effects accruing from the final rule would 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
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Business Administration for review under 5 U.S.C. 605b.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of refrigeration products 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 requirements for all covered consumer products and commercial equipment, including refrigeration products. See generally 10 CFR part 429. 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 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 refrigeration products. 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.

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E. Review Under Executive Order 13132
Executive Order 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 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. DOE examined this final rule and determined that it will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this final rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. 42 U.S.C. 6297d No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation of new regulations, section 3a of Executive Order 12988, Civil Justice Reform, 61 FR 4729 Feb. 7, 1996, imposes on Federal agencies the general duty to adhere to the following requirements: 1 Eliminate drafting errors and ambiguity; 2 write regulations to minimize litigation; 3
provide a clear legal standard for affected conduct rather than a general standard; and 4 promote simplification and burden reduction. Section 3b of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation 1 clearly specifies the preemptive effect, if any; 2 clearly specifies any effect on existing Federal law or regulation; 3 provides a clear legal standard for affected conduct while promoting simplification and burden reduction; 4 specifies the retroactive effect, if any; 5 adequately defines key terms; and 6 addresses
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