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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Proposed Rules more than four units to specifying testing of two units.
The proposed rule, if adopted, would not have significant economic impact on a substantial number of small entities.
For manufacturers of VRF multi-split systems, the Small Business Administration SBA has set a size threshold, which defines those entities classified as small businesses for the purposes of the statute. In 13 CFR
121.201, the SBA sets a threshold of 1,250 employees or fewer for an entity to be considered as a small business for this category. The equipment covered by this rule is classified under North American Industry Classification System NAICS code 333415,24 AirConditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing. DOE used the SBAs small business size standards to determine whether any small entities would be subject to the requirements of the rule. DOE identified manufacturers using DOEs Compliance Certification Database 25 and the AHRI database.26
DOE identified ten original equipment manufacturers OEMs of the covered equipment.
In reviewing the ten OEMs, DOE did not identify any companies that met the SBA criteria for a small entity because they surpassed the SBAs employee threshold. Therefore, DOE tentatively concludes that the proposed rule would not have a significant economic impact on a substantial number of small entities. DOE welcomes public comment on this certification conclusion.
Issue 20: DOE requests comment on its assessment that there are no small businesses that are OEMs of VRF multisplit systems.
Issue 21: DOE requests comment on its conclusion that the proposed rule would not have significant impacts on a substantial number of small manufacturers.
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.

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C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of VRF multi-split systems must certify to DOE that their 24 The size standards are listed by NAICS code and industry description and are available at:
www.sba.gov/document/support--table-sizestandards Last accessed on July 16, 2021.
25 DOEs Compliance Certification Database is available at: www.regulations.doe.gov/ccms last accessed May 10, 2021.
26 The AHRI Database is available at: https
www.ahridirectory.org/ last accessed May 10, 2021.

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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 procedure, including any amendments adopted for that test procedure. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including VRF
multi-split systems. 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, and has 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, and completing and reviewing the collection of information.
Under EPCA, DOEs energy conservation program consists essentially of four parts: 1 Testing, 2
labeling, 3 Federal energy conservation standards, and 4 certification and enforcement procedures. For covered equipment, relevant provisions of the Act include definitions 42 U.S.C. 6311, energy conservation standards 42
U.S.C. 6313, test procedures 42 U.S.C.
6314, labeling provisions 42 U.S.C.
6315, and the authority to require information and reports from manufacturers 42 U.S.C. 6316.
DOEs certification and compliance activities ensure accurate and comprehensive information about the energy and water use characteristics of covered products and covered equipment sold in the United States.
Manufacturers of all covered products and covered equipment must submit a certification report before a basic model is distributed in commerce, annually thereafter, and if the basic model is redesigned in such a manner to increase the consumption or decrease the efficiency of the basic model such that the certified rating is no longer supported by the test data. Additionally, manufacturers must report when production of a basic model has ceased and is no longer offered for sale as part of the next annual certification report following such cessation. DOE requires the manufacturer of any covered product or covered equipment to establish, maintain, and retain the records of certification reports, of the underlying test data for all certification testing, and of any other testing conducted to satisfy the requirements of
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10 CFR part 429, and 10 CFR part 431.
Certification reports provide DOE and consumers with comprehensive, up-to date efficiency information and support effective enforcement.
DOE requires manufacturers or their party representatives to prepare and submit certification reports and compliance statements using DOEs electronic Web-based tool, the CCMS, which is the primary mechanism for submitting certification reports to DOE.
CCMS currently has product and equipment specific templates which manufacturers are required to use when submitting certification data to DOE.
DOE believes the availability of electronic filing through the CCMS
system reduces reporting burdens, streamlines the process, and provides DOE with needed information in a standardized, more accessible form.
This electronic filing system also ensures that records are recorded in a permanent, systematic way.
DOE is proposing to amend the reporting requirements for VRF multisplit systems as discussed in section III.J.2. DOE sent a revised information collection approval to OMB under the existing Control Number 19101400.
The revision only reflects the changes proposed in this rulemaking as an amendment to the existing information collection.
DOE is proposing that respondents must submit electronic forms using DOEs online CCMS. DOEs 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.
DOE has tentatively determined that the proposed amendments would not impose additional costs for manufacturers of VRF multi-split systems because manufacturers of this equipment are already submitting certification reports to DOE and as part of testing to the proposed amended test procedure which references the updated industry test procedure AHRI
12302021 should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE also tentatively determines that manufacturers would rely on existing record keeping systems to maintain the additional information reported.
Issue 22: DOE invites public comment on: 1 Whether the proposed information collection requirements are necessary for the performance of DOEs functions, including whether the information will have practical utility;

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