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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Proposed Rules March 18, 1988, that this proposed regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S.
Constitution.

been designated as a significant energy action by the Administrator of OIRA.
Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects.

J. Review Under Treasury and General Government Appropriations Act, 2001
Section 515 of the Treasury and General Government Appropriations Act, 2001 44 U.S.C. 3516 note provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMBs guidelines were published at 67 FR
8452 Feb. 22, 2002, and DOEs guidelines were published at 67 FR
62446 Oct. 7, 2002. Pursuant to OMB
Memorandum M1915, Improving Implementation of the Information Quality Act April 24, 2019, DOE
published updated guidelines which are available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%
20Final%20Updated%20IQA
%20Guidelines%20Dec%202019.pdf.
DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

L. Review Under Section 32 of the Federal Energy Administration Act of 1974
Under section 301 of the Department of Energy Organization Act Pub. L. 95
91; 42 U.S.C. 7101, DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. 15 U.S.C.
788; FEAA Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32c requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission FTC
concerning the impact of the commercial or industry standards on competition.
The proposed modifications to the test procedure for VRF multi-split systems would incorporate testing methods contained in certain sections of the following commercial standards:
AHRI 12302021, ASHRAE 372009.
DOE has evaluated these standards and is unable to conclude whether they fully comply with the requirements of section 32b of the FEAA i.e., whether they were developed in a manner that fully provides for public participation, comment, and review. DOE will consult with both the Attorney General and the Chairman of the FTC
concerning the impact of this test procedure on competition, prior to prescribing a final rule.

K. Review Under Executive Order 13211
Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355 May 22, 2001, requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A
significant energy action is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that 1
is a significant regulatory action under Executive Order 12866, or any successor order; and 2 is likely to have a significant adverse effect on the supply, distribution, or use of energy; or 3 is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for measuring the energy efficiency of VRF multi-split systems is not a significant regulatory action under Executive Order 12866.
Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it
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M. Description of Materials Incorporated by Reference In this NOPR, DOE proposes to incorporate by reference the following test standards:
1 The test standard published by AHRI titled 2021 Standard for Performance Rating of Variable Refrigerant Flow VRF Multi-Split AirConditioning and Heat Pump Equipment, AHRI Standard 1230
2021. AHRI Standard 12302021 is an industry-accepted test procedure for measuring the performance of VRF
multi-split systems. AHRI Standard 12302021 is available on AHRIs website www.ahrinet.org/searchstandards.aspx.
2 The test standard published by ASHRAE, titled Methods of Testing for Rating Electrically Driven Unitary Air-

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Conditioning and Heat Pump Equipment, ANSI/ASHRAE Standard 372009 including Errata Sheet issued October 3, 2016. ANSI/ASHRAE
Standard 372009 is an industryaccepted test procedure that provides a method of test for many categories of air conditioning and heating equipment.
ANSI/ASHRAE Standard 372009 is available on ANSIs website at webstore.ansi.org/RecordDetail.aspx?
sku=ANSI%2FASHRAE+Standard+37
2009.
3 The test standard published by AHRI titled, ANSI/AHRI Standard 12302010, 2010 Standard for Performance Rating of Variable Refrigerant Flow VRF Multi-split AirConditioning and Heat Pump Equipment, approved August 2, 2010
and updated by addendum 1 in March 2011. ANSI/AHRI Standard 12302010
is an industry-accepted test procedure for measuring the performance of VRF
multi-split systems. ANSI/AHRI
Standard 12302010 is available on AHRIs website www.ahrinet.org/searchstandards.aspx.
V. Public Participation A. Participation in the Webinar The time and date of the webinar are listed in the DATES section at the beginning of this document. If no participants register for the webinar, it will be cancelled.
Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOEs website: https
www1.eere.energy.gov/buildings/
appliance_standards/standards.aspx?
productid=71&action=viewlive.
Participants are responsible for ensuring their systems are compatible with the webinar software.
Procedure for Submitting Prepared General Statements for Distribution Any person who has an interest in the topics addressed in this notice, or who is representative of a group or class of persons that has an interest in these issues, may request an opportunity to make an oral presentation at the webinar. Such persons may submit to ApplianceStandardsQuestions@
ee.doe.gov. Persons who wish to speak should include with their request a computer file in WordPerfect, Microsoft Word, PDF, or text ASCII file format that briefly describes the nature of their interest in this rulemaking and the topics they wish to discuss. Such persons should also provide a daytime telephone number where they can be reached.

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