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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
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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 ceiling fans. 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. DOEs current reporting requirements have been approved by OMB under OMB control number 1910
1400. 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, certifying compliance, 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.
1. Description of the Requirements In this SNOPR, DOE is proposing to expand the scope of the test procedure to include LDCFs with a diameter greater than 24 feet. If DOE amends the test procedures scope as proposed in this SNOPR, manufacturers of ceilings fans with a diameter greater than 24 feet will be required to certify compliance with energy conservation standards in 10 CFR 430.32s2ii beginning 180
days after publication of a test procedure final rule in the Federal Register. 42 U.S.C. 6293c2 DOE is proposing to revise the collection of information approval under OMB
Control Number 19101400 to account for the paperwork burden associated with the expanded scope of LDCFs with a diameter greater than 24 feet, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, certifying compliance, and completing and reviewing the collection of information.
2. Method of Collection DOE is proposing that respondents must submit electronic forms using DOEs online Compliance Certification Management System CCMS. DOEs
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CCMS is publicly accessible at www.regulations.doe.gov/ccms/, and includes instructions for users, registration forms, and the productspecific reporting templates required for use when submitting information to CCMS.
3. Data The following are DOE estimates of the total annual reporting and recordkeeping burden imposed on manufacturers of LDCFs with a diameter greater than 24 feet subject to the amended certification reporting requirements in this proposed rule. DOE
has reviewed the market for ceiling fans with a diameter greater than 24 feet and has identified 4 models currently being offered for sale by 2 manufacturers, both of which already certify compliance with the current energy conservation standards for ceiling fans. As a result of this market assessment, DOE did not find any new or additional respondents that would be required submit information as a result of the proposed expansion of scope for LDCFs.
The addition of four basic models to certification reports will simply expand their current CCMS excel templates by a row per basic model, which is trivial compared to the total number of ceiling fans they are already submitting.
OMB Control Number: 19101400.
Form Number: DOE F 220.7.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of LDCFs with a diameter greater than 24 feet.
Estimated Number of Respondents: 0
already submitting under current approval.
Estimated Time per Response: 0
already submitting under current approval.
Estimated Total Annual Burden Hours: 0.
Estimated Total Annual Cost to the Manufacturers: $0 in recordkeeping/
reporting costs.
4. Conclusion DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers of ceiling fans because manufacturers of these products or equipment are already submitting certification reports to DOE and should have readily available the information that DOE would collect if the proposed expansion of scope is finalized as part of this rulemaking. Public comment is sought on the number of respondents and burden requirements for collecting information for LDCFs with a diameter greater than 24 feet. Send comments on these or any other aspects of the
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collection of information to the email address listed in the ADDRESSES section and to the OMB Desk Officer by email to Sofie.E.Miller@omp.eop.gov.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the National Environmental Policy Act of 1969 NEPA and DOEs NEPA
implementing regulations 10 CFR part 1021. DOEs regulations include a categorical exclusion for rulemakings interpreting or amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. 10 CFR part 1021, subpart D, appendix A5. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
because it is an interpretive rulemaking that does not change the environmental effect of the rule and otherwise meets the requirements for application of a categorical exclusion. See 10 CFR
1021.410. DOE will complete its NEPA
review before issuing the final rule.
E. Review Under Executive Order 13132
Executive Order 13132, Federalism, 64 FR 43255 Aug. 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 has examined this proposed rule and has determined that it would 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 proposed 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.

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