[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Notices]
[Pages 74713-74716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25845]


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DEPARTMENT OF ENERGY

[EERE-2020-BT-CRT-0018]


Proposed Agency Information Collection Extension

AGENCY: Office of Energy Efficiency and Renewable Energy, U.S. 
Department of Energy.

ACTION: Information collection extension, with changes; notice and 
request for comment.

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SUMMARY: The U.S. Department of Energy (DOE) intends to extend with 
changes for three years with the Office of Management and Budget (OMB), 
the Certification Reports, Compliance Statements, Application for a 
Test Procedure Waiver, and Recordkeeping for Consumer Products and 
Commercial/Industrial Equipment subject to Energy or Water Conservation 
Standards Package under OMB No. 1910-1400.

DATES: Written comments and information are requested and will be 
accepted on or before January 22, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2020-BT-
CRT-0018, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket 
number EERE-2020-BT-CRT-0018 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted.
    Docket: The docket for this activity, which includes Federal 
Register

[[Page 74714]]

notices, comments, and other supporting documents/materials, is 
available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://www.regulations.gov index. However, 
some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2020-BT-CRT-0018. The docket web page will 
contain simple instructions on how to access all documents, including 
public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-7335. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    This information collection request contains:
    (1) OMB No.: 1910-1400;
    (2) Information Collection Request Title: Certification Reports, 
Compliance Statements, Application for a Test Procedure Waiver, 
Application for Extension of Representation Requirements, Labeling, and 
Recordkeeping for Consumer Products and Commercial/Industrial Equipment 
subject to Federal Energy or Water Conservation Standards;
    (3) Type of Request: Revision with changes;
    (4) Purpose:
    Pursuant to the Energy Policy and Conservation Act, as amended 
(``EPCA'' or ``the Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, 
as codified), DOE regulates the energy efficiency of a number of 
consumer products, and commercial and industrial equipment. Title III, 
Part B \2\ of EPCA established the Energy Conservation Program for 
Consumer Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency of covered consumer 
products (``covered products''). Title III, Part C \3\ of EPCA, added 
by Public Law 95-619, Title IV, Sec.  441(a), established the Energy 
Conservation Program for Certain Industrial Equipment, which sets forth 
a variety of provisions designed to improve energy efficiency of 
covered commercial and industrial equipment (collectively referred to 
as ``covered equipment'').
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    Covered products and covered equipment are described in 10 CFR 
parts 429, 430, and 431. These covered products and covered equipment, 
including all product or equipment classes, include: (1) Consumer 
refrigerators, refrigerator-freezers and freezers; (2) Room air 
conditioners; (3) Central air conditioners and central air conditioning 
heat pumps; (4) Consumer water heaters; (5) Consumer furnaces and 
boilers; (6) Dishwashers; (7) Residential clothes washers; (8) Clothes 
dryers; (9) Direct heating equipment; (10) Cooking products; (11) Pool 
heaters; (12) Television sets; (13) Fluorescent lamp ballasts; (14) 
General service fluorescent lamps, general service incandescent lamps, 
and incandescent reflector lamps; (15) Faucets; (16) Showerheads; (17) 
Water closets; (18) Urinals; (19) Ceiling fans; (20) Ceiling fan light 
kits; (21) Torchieres; (22) Compact fluorescent lamps; (23) 
Dehumidifiers; (24) External power supplies; (25) Battery chargers; 
(26) Candelabra base incandescent lamps and intermediate base 
incandescent lamps; (27) Commercial warm air furnaces; (28) Commercial 
refrigerators, freezers, and refrigerator-freezers; (29) Commercial 
heating and air conditioning equipment; (30) Commercial water heating 
equipment; (31) Automatic commercial ice makers; (32) Commercial 
clothes washers; (33) Distribution transformers; (34) Illuminated exit 
signs; (35) Traffic signal modules and pedestrian modules; (36) 
Commercial unit heaters; (37) Commercial pre-rinse spray valves; (38) 
Refrigerated bottled or canned beverage vending machines; (39) Walk-in 
coolers and walk-in freezers and certain components; (40) Metal halide 
lamp ballasts and fixtures; (41) Integrated light-emitting diode lamps; 
(42) General service lamps; (43) Furnace fans; (44) Pumps; (45) 
Commercial packaged boilers; (46) Consumer miscellaneous refrigeration 
equipment; (47) Portable air conditioners; (48) Compressors; (49) 
Electric motors; (50) Small electric motors; (51) rough service lamps; 
and (52) vibration service lamps.
    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. For consumer products, relevant provisions of the Act 
specifically include definitions (42 U.S.C. 6291), energy conservation 
standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling 
provisions (42 U.S.C. 6294), and the authority to require information 
and reports from manufacturers (42 U.S.C. 6296). 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).
    DOE is seeking to renew its information collection related to the 
following aspects of the appliance standards program: (1) Gathering 
data and submitting certification and compliance reports for each basic 
model distributed in commerce in the U.S. including supplemental 
testing instructions for certain commercial equipment; (2) maintaining 
records underlying the certified ratings for each basic model including 
test data and the associated calculations; (3) applications for a test 
procedure waiver, which manufacturers may elect to submit if they 
manufacture a basic model that cannot be tested pursuant to the DOE 
test procedure; (4) applications requesting an extension of the date by 
which representations must be made in accordance with any new or 
amended DOE test procedure; and (5) labeling.
    DOE's 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

[[Page 74715]]

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 part 429, part 430, and/or part 431. Certification 
reports provide DOE and consumers with comprehensive, up-to-date 
efficiency information and support effective enforcement.
    As the result of a negotiated rulemaking, DOE adopted additional 
certification requirements for commercial HVAC, water heater, and 
refrigeration equipment. Specifically, DOE requires manufacturers of 
commercial refrigeration equipment and some types of commercial HVAC 
equipment to submit a PDF with specific testing instructions to be used 
by the Department during verification and enforcement testing. 
Manufacturers of commercial water heating equipment and some types of 
commercial HVAC equipment have the option of submitting a PDF with 
additional testing instructions at the manufacturer's discretion. For 
additional information on the negotiated rulemaking or supplemental 
testing instructions see docket number EERE-2013-BT-NOC-0023.
    On December 18, 2014, Congress enacted the EPS Service Parts Act of 
2014 (Pub. L. 113-263, ``Service Parts Act''). That law exempted 
manufacturers of certain external power supplies (``EPSs'') that were 
made available as service and spare parts for end-use products 
manufactured before February 10, 2016, from the energy conservation 
standards that DOE promulgated in its February 2014 rule. See 79 FR 
7846 (Feb. 10, 2014). Additionally, the Service Parts Act permits DOE 
to require manufacturers of an EPS that is exempt from the 2016 
standards to report to DOE the total number of such EPS units that are 
shipped annually as service and spare parts and that do not meet those 
standards. (42 U.S.C. 6295(u)(5)(A)(ii)) DOE may also limit the 
applicability of the exemption if the Secretary determines that the 
exemption is resulting in a significant reduction of the energy savings 
that would result in the absence of the exemption. (42 U.S.C. 
6295(u)(5)(A)(iii)) In a final rule published on May 16, 2016, DOE 
adopted reporting requirements for EPS manufacturers to provide the 
total number of exempt EPS units sold as service and spare parts for 
which the manufacturer is claiming exemption from the current 
standards. 81 FR 30157.
    On April 30, 2015, Congress enacted the Energy Efficiency 
Improvement Act of 2015 (Pub. L. 114-11, ``Energy Efficiency 
Improvement Act''). That law established definitions and energy 
conservation standards for grid-enabled water heaters that DOE 
promulgated in its August 2015 Final Rule. See 80 FR 48004 (Aug. 11, 
2015). Additionally, the Energy Efficiency Improvement Act mandates DOE 
to require manufacturers of grid-enabled water heaters to report to DOE 
the total number of such units that are shipped annually. (42 U.S.C. 
6295(e)(6)(C)(i))
    DOE currently requires manufacturers or their party representatives 
to prepare and submit certification reports and compliance statements 
using DOE's electronic web-based tool, the Compliance and Certification 
Management System (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 the Department with needed 
information in a standardized, more accessible form. This electronic 
filing system also ensures that records are recorded in a permanent, 
systematic way.
    Manufacturers also may rely on CCMS reporting to satisfy certain 
reporting requirements established by the Federal Trade Commission 
(``FTC''). EPCA directs the FTC generally to prescribe labeling rules 
for the consumer products subject to energy conservation standards 
under EPCA. (42 U.S.C. 6296) The required labels generally must 
disclose the estimated annual operating cost of such product 
(determined in accordance with Federal test procedures); and 
information respecting the range of estimated annual operating costs 
for covered products to which the rule applies. (42 U.S.C. 6296(c)(1)) 
Pursuant to EPCA, the FTC prescribed the Energy Labeling Rule, which in 
part, requires manufacturers to attach yellow EnergyGuide labels to 
many of the covered consumer products. See 16 CFR part 305. EnergyGuide 
labels for most products subject to the FTC labeling requirement 
contain three key disclosures: Estimated annual energy cost (16 CFR 
305.5); a product's energy consumption or energy efficiency rating as 
determined from DOE test procedures (Id.); and a comparability range 
displaying the highest and lowest energy costs or efficiency ratings 
for all similar models (16 CFR 305.10).
    The Energy Labeling Rule also contains reporting requirements for 
most products, under which manufacturers must submit data to the FTC 
both when they begin manufacturing new models and on an annual basis 
thereafter. 16 CFR 305.8. These reports must contain, among other 
things, estimated annual energy consumption or energy efficiency 
ratings, similar to what is required under DOE's reporting requirement. 
Id. Prior to 2013, FTC collected energy data on products subject to the 
Energy Labeling Rule separate from DOE through paper and email 
submissions to the FTC. This arrangement required manufacturers to 
submit nearly duplicative reports to DOE and FTC.
    However, in 2013 the FTC streamlined and harmonized its reporting 
requirements by giving manufacturers the option to report FTC-required 
data through DOE's CCMS, in lieu of the traditional practice of 
submitting directly to FTC. 78 FR 2200 (Jan. 10, 2013); 16 CFR 
305.8(a)(1). As such, the CCMS reduces duplicative reporting for 
manufacturers of covered consumer products that are also required to 
report under the FTC Energy Label Rule.
    DOE allows manufacturers of both consumer products and/or 
commercial equipment to apply for a test procedure waiver. 
Manufacturers may submit an application for a test procedure waiver at 
his or her discretion if it is determined that the basic model for 
which the petition for waiver was submitted contains one or more design 
characteristics that prevents testing of the basic model according to 
the prescribed test procedures, or if the prescribed test procedures 
may evaluate the basic model in a manner so unrepresentative of its 
true energy consumption characteristics as to provide materially 
inaccurate comparative data. The Department currently uses and will 
continue to use the information submitted in the application for a 
waiver as the basis for granting or denying the petition. See 10 CFR 
430.27 for additional information on petitions for waivers and for 
consumer products. See 10 CFR 431.401 for additional information on 
petitions for waivers for commercial equipment.

[[Page 74716]]

    DOE also allows manufacturers of both consumer products and/or 
commercial equipment to submit applications requesting an extension of 
the date by which representations must be made in accordance with any 
new or amended DOE test procedure. DOE may grant extensions of up to 
180 days if it determines that making such representations would impose 
an undue hardship on the petitioner. The Department currently uses and 
will continue to use the information submitted in these applications as 
the basis for granting or denying the petition.
    In addition to the FTC labeling requirements for consumer products 
discussed, EPCA directs DOE to establish labeling requirements for 
covered industrial and commercial equipment when specified criteria is 
met. If the Department has prescribed test procedures for any class of 
covered equipment, a labeling rule applicable to such class of covered 
equipment must be prescribed. (42 U.S.C. 6315(a)) EPCA, however, 
requires that certain criteria must be met prior to DOE prescribing a 
given labeling rule. Specifically, DOE must determine that: (1) 
Labeling is technologically and economically feasible with respect to 
any particular equipment class; (2) significant energy savings will 
likely result from such labeling; and (3) labeling is likely to assist 
consumers in making purchasing decisions. (42 U.S.C. 6315(h)) DOE has 
established labeling requirements under the authority in 42 U.S.C. 6315 
for electric motors (10 CFR 431.31), walk-in coolers and freezers (10 
CFR 431.305), and pumps (10 CFR 431.466).
    (4) Proposed changes to the information collection, including 
description of additional information that would be collected.
    DOE is considering revisions to the CCMS that would facilitate a 
reduction in duplicative reporting under the California's Appliance 
Efficiency Regulations, similar to what was achieved with the FTC. 
Under its Appliance Efficiency Regulations, California requires 
manufacturers to certify and report to the California Energy 
Commission, energy efficiency data of certain consumer products. See, 
California Code of Regulations (CCR), Title 20, section 1606. For 
consumer products that are reported to the California Energy Commission 
and are subject to Federal test procedures, the California regulations 
generally require submission of data from those Federal test procedures 
(i.e., the same data reported to DOE). DOE is considering adding fields 
to the CCMS that would allow the California Energy Commission to accept 
a CCMS report in satisfaction of the state reporting requirement. 
Submission of the additional information would not be mandatory (from 
DOE's perspective) and would consist of information that manufacturers 
are already submitting to the California Energy Commission. Should the 
California Energy Commission choose to streamline and harmonize its 
reporting requirements by giving manufacturers the option to report 
California-required data through DOE's CCMS, use of CCMS would reduce 
duplicative reporting between the California and DOE requirements.
    DOE is considering collecting the total number of grid-enabled 
water heaters shipped annually by manufacturers of grid-enabled water 
heaters in order to comply with the requirements of The Energy 
Efficiency Improvement Act. (42 U.S.C. 6295(e)(6)(C)(i))
    (5) Annual Estimated Number of Respondents: 2,000;
    (6) Annual Estimated Number of Total Responses: 20,000;
    (7) Annual Estimated Number of Burden Hours: 755,000 (35 hours per 
certification, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information; 16 additional 
hours for creating supplement testing instructions for commercial HVAC, 
water heating, and refrigeration equipment manufacturers; 160 hours for 
test procedure waiver preparation; 160 hours for representation 
extension request preparation; 1 hour for creating and applying a label 
for walk-in cooler and freezer, commercial and industrial pump, and 
electric motor manufacturers);
    (8) Annual Estimated Reporting and Recordkeeping Cost Burden: 
$77,500,000.

Statutory Authority

    Section 326(d) of the Energy Policy and Conservation Act, Public 
Law 94-163, as amended (42 U.S.C. 6296); 10 CFR parts 429, 430, and 
431.

Signing Authority

    This document of the Department of Energy was signed on November 
18, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, 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 November 18, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-25845 Filed 11-20-20; 8:45 am]
BILLING CODE 6450-01-P