Federal Register - December 14, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Rules and Regulations
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their expected benefits on energy supply, distribution, and use.
This regulatory action 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 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.
L. Review Consistent With OMBs Information Quality Bulletin for Peer Review On December 16, 2004, OMB, in consultation with the Office of Science and Technology Policy OSTP, issued its Final Information Quality Bulletin for Peer Review the Bulletin. 70 FR
2664 Jan. 14, 2005. The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government, including influential scientific information related to agency regulatory actions. The purpose of the bulletin is to enhance the quality and credibility of the Governments scientific information. Under the Bulletin, the energy conservation standards rulemaking analyses are influential scientific information, which the Bulletin defines as scientific information the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions. Id. at 70 FR 2667.
In response to OMBs Bulletin, DOE
conducted formal in-progress peer reviews of the energy conservation standards development process and analyses and has prepared a Peer Review Report pertaining to the energy conservation standards rulemaking analyses. Generation of this report involved a rigorous, formal, and documented evaluation using objective criteria and qualified and independent reviewers to make a judgment as to the technical/scientific/business merit, the actual or anticipated results, and the productivity and management effectiveness of programs and/or projects. The Energy Conservation Standards Rulemaking Peer Review Report, dated February 2007, has been disseminated and is available at the following website:
www1.eere.energy.gov/buildings/
appliance_standards/peer_review.html.
Because available data, models, and technological understanding have changed since 2007, DOE has engaged with the National Academy of Sciences
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to review DOEs analytical methodologies to ascertain whether modifications are needed to improve the Departments analyses. The results from that review are expected later in 2021 or early in 2022.
10 of the Code of Federal Regulations, as set forth below:
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a major rule as defined by 5 U.S.C. 8042.
VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule.
List of Subjects 10 CFR Part 430
Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business information, Energy conservation test procedures, Incorporation by reference, and Reporting and recordkeeping requirements.
Signing Authority This document of the Department of Energy was signed on December 3, 2021, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on December 7, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the preamble, DOE amends parts 430 and 431 of chapter II, subchapter D, of title
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PART 430ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
Authority: 42 U.S.C. 62916309; 28 U.S.C.
2461 note.
2. Section 430.27 is amended by revising paragraphs b, e, g, h, i, j, and k1 to read as follows:
430.27 Petitions for waiver and interim waiver of the test procedure.
b Petition content and publication.
1 Each petition for interim waiver and waiver must:
i Identify the particular basic models for which a waiver is requested, each brand name under which the identified basic models will be distributed in commerce, the design characteristics constituting the grounds for the petition, and the specific requirements sought to be waived, and must discuss in detail the need for the requested waiver;
ii Identify manufacturers of all other basic models distributed in commerce in the United States and known to the petitioner to incorporate design characteristics similar to those found in the basic model that is the subject of the petition;
iii Include any alternate test procedures known to the petitioner to evaluate the performance of the product type in a manner representative of the energy and/or water consumption characteristics of the basic model; and iv Be signed by the petitioner or an authorized representative. In accordance with the provisions set forth in 10 CFR
1004.11, any request for confidential treatment of any information contained in a petition or in supporting documentation must be accompanied by a copy of the petition, application or supporting documentation from which the information claimed to be confidential has been deleted. DOE will publish in the Federal Register the petition and supporting documents from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11 and will solicit comments, data and information with respect to the determination of the petition.
2 In addition to the requirements in paragraph b1 of this section, each petition for interim waiver must reference the related petition for waiver, demonstrate likely success of the petition for waiver, and address what
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