Voglio sapere a riguardo di…

69560

Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules 4, 1993. Accordingly, this action was not subject to review under the Executive order by the Office of Information and Regulatory Affairs OIRA in OMB.

to the public. DOE also requests comment on the benefits and burdens of, or any other comments regarding adopting any industry/voluntary consensus-based or other appropriate test procedure, without modification.
L. Compliance Date and Waivers EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register. 42
U.S.C. 6293c2 To the extent the modified test procedure proposed in this document is required only for the evaluation and issuance of updated efficiency standards, use of the modified test procedure, if finalized, would not be required until the implementation date of updated standards. Section 8e of appendix A 10 CFR part 430 subpart C.
If DOE were to publish an amended test procedure EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. 42 U.S.C. 6293c3 To receive such an extension, petitions must be filed with DOE no later than 60
days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. Id.
Upon the compliance date of test procedure provisions of an amended test procedure, should DOE issue a such an amendment, any waivers that had been previously issued and are in effect that pertain to issues addressed by such provisions are terminated. 10 CFR
430.27h3. Recipients of any such waivers would be required to test the products subject to the waiver according to the amended test procedure as of the compliance date of the amended test procedure. The amendments proposed in the September 2019 NOPR document pertain to issues addressed by a waiver granted to BAS, Case No. 2017011. See 84 FR 51440, 51446.

lotter on DSK11XQN23PROD with PROPOSALS4

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 proposed rulemaking does not constitute significant regulatory actions under section 3f of Executive Order E.O. 12866, Regulatory Planning and Review, 58 FR 51735 Oct.

VerDate Sep<11>2014

19:07 Dec 06, 2021

Jkt 256001

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
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 proposed rule under the provisions of the Regulatory Flexibility Act and the policies and procedures published on February 19, 2003.
The following sections detail DOEs IRFA for this test procedure SNOPR.
1. Description of Reasons Why Action Is Being Considered DOE is proposing to amend the existing DOE test procedures for ceiling fans. DOE shall amend test procedures with respect to any covered product, if the Secretary determines that amended test procedures would more accurately produce test results which measure energy efficiency, energy use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use. 42
U.S.C. 6293b1A
2. Objective of, and Legal Basis for, Rule DOE is required to review existing DOE test procedures for all covered products every 7 years. 42 U.S.C.
6293b1A
3. Description and Estimate of Small Entities Regulated For manufacturers of ceiling fans, the Small Business Administration SBA
has set a size threshold, which defines those entities classified as small businesses for the purposes of the statute. DOE used the SBAs small business size standards to determine whether any small entities would be subject to the requirements of the rule.

PO 00000

Frm 00018

Fmt 4701

Sfmt 4702

See 13 CFR part 121. The size standards are listed by North American Industry Classification System NAICS code and industry description available at:
https www.sba.gov/document/support-table-size-standards. Ceiling fan manufacturing is classified under NAICS code 335210, Small Electrical Appliance Manufacturing. The SBA
sets a threshold of 1,500 employees or less for an entity to be considered as a small business for this category.
To estimate the number of companies that manufacture ceiling fans covered by this rulemaking, DOE used data from DOEs publicly available Compliance Certification Database CCD. DOEs small business search focused on companies that sell at least one LSSD
ceiling fan model with more than three speed settings as well small businesses that sell HSBD or LDBD ceiling fans, since those are the only manufacturers, large or small, that are estimated to incur any costs due to the proposed test procedure amendments.
DOE identified 10 potential domestic small businesses that manufacture at least one LSSD ceiling fan with more than three speed settings. These 10
potential domestic small businesses sell approximately 325 unique LSSD ceiling fans with more than three speed settings. Additionally, DOE identified four potential domestic small businesses that manufacture HSBD or LDBD ceiling fans. These four potential domestic small businesses sell 15 known HSBD
ceiling fan models and one known LDBD ceiling fan models.
4. Description and Estimate of Compliance Requirements In this SNOPR, DOE proposes to amend the existing test procedure for ceiling fans by 1 including a definition for circulating air for the purpose of the ceiling fan definition; 2 expanding test procedure scope to include largediameter ceiling fans with a diameter greater than 24 feet; 3 expanding the test procedure to HSBD ceiling fans and LDBD ceiling fans; 4 including a standby metric for large-diameter ceiling fans; 5 amending the definition for low-speed; 6 allowing two-arm sensor setup; 7 requiring sensor arm to stabilize for 30 seconds prior to rotating sensor axes; 8 detailing air velocity sensor mounting position; 9 providing instructions to measure blade thickness;
10 clarifying test procedures for ceiling fans with accessories; and 11
amending certain product-specific rounding and enforcement provisions.
Additionally, DOE continues to propose the following proposals from the September 2019 NOPR: 1 Specifying that VSD ceiling fans that do not also
E:FRFM07DEP4.SGM

07DEP4