[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Pages 65994-65996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20827]


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DEPARTMENT OF ENERGY

[EERE-2023-BT-CE-0001]


Energy Conservation Program: Proposed Agency Information 
Collection Extension

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

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

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SUMMARY: The U.S. Department of Energy (DOE) intends to extend 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: DOE will accept comments, data, and information regarding this 
proposal no later than November 27, 2023.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov under docket 
number EERE-2023-BT-CE-0001. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2023-BT-CE-0001, by any of the 
following methods:
    Email: [email protected]. Include the docket 
number EERE-2023-BT-CE-0001 in the subject line of the message.
    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.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 1000 
Independence Avenue SW, Washington, DC 20585. 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 telefacsimiles (``faxes'') will be accepted.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts (if a 
public meeting is held), comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-CE-0001. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, 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) 287-5904. 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

[[Page 65995]]

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, section 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 the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \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; \4\ (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; (52) vibration service lamps; (53) dedicated-
purpose pool pump motors; and (54) air cleaners.
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    \4\ Commercial heating and air conditioning equipment includes 
Computer Room Air Conditioners; Air-Cooled, Three-Phase, Small 
Commercial Air Conditioners and Heat Pumps w/a Cooling Capacity of 
Less Than 65,000 Btu/h and Air-Cooled, Three-Phase Variable 
Refrigerant Flow Air Conditioners and Heat Pumps w/a Cooling 
Capacity of Less Than 65,000 Btu/h; Single Packaged Vertical Air 
Conditioners and Heat Pumps; and Direct-expansion Dedicated Outdoor 
Air Systems.
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    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 
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 several changes to its regulatory provisions for 
covered products and equipment enacted through rulemakings since the 
last review of the current information collection, DOE has also 
proposed several updates to its certification provisions for the 
affected products and equipment. DOE proposed these changes in a notice 
of proposed rulemaking issued on August 28, 2023 (``Certification 
NOPR''). The total annual estimated respondents, responses, burden 
hours, and reporting and recordkeeping cost burden that are reported in 
this notice include the additional costs that DOE estimated would 
result from the changes to certification reporting requirements 
proposed in the Certification NOPR. The notice of proposed rulemaking 
for these certification provisions is included in docket number EERE-
2023-BT-CE-0001.
    (5) Proposed changes to the information collection, including

[[Page 65996]]

description of additional information that would be collected.
    In a proposed rule issued on August 28, 2023,\5\ the U.S. 
Department of Energy (``DOE'') proposed to establish and amend the 
certification provisions, labeling requirements, and enforcement 
provisions for the following products and equipment: central air 
conditioners and heat pumps; dishwashers; residential clothes washers; 
pool heaters; dehumidifiers; external power supplies; battery chargers; 
computer room air conditioners; direct-expansion outdoor air systems; 
Air Cooled, Three-Phase, Small Commercial Air Conditioners and Heat 
Pumps with a Cooling Capacity of Less Than 65,000 Btu/h and Air-Cooled, 
Three-Phase, Variable Refrigerant Flow Air Conditioners and Heat Pumps 
with a Cooling Capacity of Less Than 65,000 Btu/h; commercial water 
heating equipment; automatic commercial ice makers; walk-in coolers and 
freezers; commercial and industrial pumps; portable air conditioners; 
compressors; dedicated-purpose pool pump motors; air cleaners; single-
package vertical air conditioners and heat pumps; and ceiling fan light 
kits. These proposed amendments are described in sections II and III of 
the proposed rule. DOE is proposing these amendments to align reporting 
that is consistent with currently applicable energy conservation 
standards and test procedures and to ensure DOE has the information 
necessary to determine the appropriate classification of products for 
the application of standards.
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    \5\ The pre-publication proposed rule can be accessed at https://www.energy.gov/sites/default/files/2023-08/cce-nop.pdf?utm_medium=email&utm_source=govdelivery.
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    (6) Annual Estimated Number of Respondents: 2,083;
    (7) Annual Estimated Number of Total Responses: 32,255;
    (8) Annual Estimated Number of Burden Hours: 776,310 (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).
    (9) Annual Estimated Reporting and Recordkeeping Cost Burden: 
$51,795,000.
    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 September 
19, 2023, by Jeffrey Marootian, 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 September 21, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-20827 Filed 9-25-23; 8:45 am]
BILLING CODE 6450-01-P