[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80233-80236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22604]


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DEPARTMENT OF ENERGY

[EERE-2023-BT-CE-0001]


Energy Conservation Program: Proposed Agency Information 
Collection Revision

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

ACTION: Submission for Office of Management and Budget (OMB) review; 
comment request.

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SUMMARY: The Department of Energy (DOE) has submitted an information 
collection request to the OMB for extension under the provisions of the 
Paperwork Reduction Act of 1995. The information collection requests a 
three-year extension of its 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: Comments regarding this collection must be received on or before 
November 1, 2024. If you anticipate that you will be submitting 
comments but find it difficult to do so within the period allowed by 
this notice, please advise the OMB Desk Officer of your intention to 
make a submission as soon as possible. The Desk Officer may be 
telephoned at 202-881-8585.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Laura Degitz, 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: (240) 686-9463. Email 
<a href="/cdn-cgi/l/email-protection#46163429223325320337332f362b23283205233432747674750503767676770623236822292368212930"><span class="__cf_email__" data-cfemail="0a5a78656e7f697e4f7b7f637a676f647e496f787e383a3839494f3a3a3a3b4a6f6f246e656f246d657c">[email protected]</span></a>.

[[Page 80234]]


SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995, as 
amended (PRA), 44 U.S.C. 3501-3520, and its implementing regulations, 5 
CFR part 1320, require Federal agencies to issue two notices seeking 
public comment on information collection activities before OMB may 
approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 
1320.8(d)(1), and 1320.12. On September 26, 2023, DOE published a 60-
day notice in the Federal Register soliciting comment on the 
information collection request for which it is now seeking OMB 
approval. See 88 FR 65994. The proposed collection would cover all 
covered products and equipment subject to DOE's regulatory requirements 
described in 10 CFR parts 429, 430, and 431. DOE received two, 
identical comments from the Association of Home Appliance Manufacturers 
(AHAM). These comments are discussed in the following paragraphs.
    DOE requested comments on 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. AHAM generally supported DOE's proposed extension for three 
years with the Office of Management and Budget (OMB), under OMB No. 
1910-1400. AHAM stated that DOE should ensure that its information 
collections are restricted to data necessary to demonstrating 
compliance with standards. If DOE wishes to collect data for future 
energy conservation standards rulemaking efforts or for its own 
information, DOE should collect that data through its energy 
conservation standard rulemaking process and not through the 
certification, compliance, and enforcement process. AHAM also suggested 
that DOE can always seek such data from manufacturers under its 
authority to request records. (AHAM, No. 9 at pp. 1-2, AHAM, No. 19 at 
pp. 1-2) \1\
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    \1\ The parenthetical reference provides a reference for 
information located in the docket of DOE's information collection 
request for a three-year extension under OMB No. 1910-1400 (Docket 
No. EERE-2023-BT-CE-0001), which is maintained at 
www.regulations.gov). The references are arranged as follows: 
(commenter name, comment docket ID number, page of that document).
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    Section 326(d) of EPCA states that the Secretary may require 
manufacturers to submit information or reports to Secretary with 
respect to energy efficiency or energy use as the Secretary determines 
may be necessary to establish and revise test procedures, labeling 
rules, and energy conservation standards for such products and to 
ensure compliance with requirements of this part. (42 U.S.C. 
6296(d)(1)) This language provides DOE with the authority to require 
manufacturers to submit information pertaining to the energy efficiency 
or energy use where it is necessary when establishing or revising its 
standards or test procedures as well as to ensure compliance. As such, 
DOE disagrees with AHAM's assessment that DOE must limit its collection 
requirements to information needed to determine compliance.
    On September 29, 2023, DOE published a notice of proposed 
rulemaking (``Certification NOPR'') to amend the certification, 
reporting, and labeling requirements for the products and equipment 
that are the subjects of this information collection request. 88 FR 
67458 AHAM opposed specific proposals in the September 2023 NOPR 
related to dishwashers, battery chargers, and room air cleaners. (AHAM, 
No. 9 at p. 2, AHAM, No. 19 at p. 2) DOE is not considering amending 
its certification regulations as part of this notice. However, DOE 
addressed AHAM's comments as part of its final rule on certification, 
reporting, and labeling requirements.\2\
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    \2\ See the ``Current and Past Rulemakings'' section of DOE's 
Implementation, Certification and Enforcement web page. https://www.energy.gov/eere/buildings/implementation-certification-and-enforcement.
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    DOE requested comments on 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. DOE did not receive 
comments regarding the accuracy of its burden of the information 
collection activities estimates. Therefore, DOE has not modified those 
estimates in this notice.
    DOE requested comments on ways to enhance the quality, utility, and 
clarity of the information to be collected. AHAM commented that 
consistent, clear, transparent certification criteria are a critical 
part of the program. AHAM appreciates DOE's proposals that are aimed at 
ensuring consistency between testing to support certification and 
testing DOE does to support its enforcement efforts. AHAM also 
supported DOE's proposals to ensure consistency in reported data 
between similar products. (AHAM, No. 9 at p. 1, AHAM, No. 19 at p. 1)
    DOE requested comments on 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. DOE did not receive any comments on ways to minimize the 
collection burden.
    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;
    (4) Purpose:
    Pursuant to the Energy Policy and Conservation Act, as amended 
(``EPCA'' or ``the Act''),\3\ 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 \4\ 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 \5\ 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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    \3\ 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.
    \4\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \5\ 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; (15) General service lamps; \6\ (16) 
Incandescent reflector

[[Page 80235]]

lamps; (17) Faucets; (18) Showerheads; (19) Water closets; (20) 
Urinals; (21) Ceiling fans; (22) Ceiling fan light kits; (23) 
Torchieres; (24) Dehumidifiers; (25) External power supplies; (26) 
Battery chargers; (27) Commercial warm air furnaces; (28) Commercial 
refrigerators, freezers, and refrigerator-freezers; (29) Commercial 
heating and air conditioning equipment; \7\ (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; (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; (54) Air cleaners; (55) Fans and blowers; and 
(56) Portable electric spas.
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    \6\ General service lamps include, but are not limited to, 
general service incandescent lamps, compact fluorescent lamps, 
general service light-emitting diode lamps, and general service 
organic light emitting diode lamps.
    \7\ 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 and subsequently adopted several updates to its certification 
provisions for the affected products and equipment.\8\ 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 adopted in the Certification Final 
Rule.
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    \8\ See the ``Current and Past Rulemakings'' section of DOE's 
Implementation, Certification and Enforcement web page. https://www.energy.gov/eere/buildings/implementation-certification-and-enforcement.
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    (5) Proposed changes to the information collection, including 
description of additional information that would be collected.
    In the Certification Final Rule DOE established and amended 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; 
three-phase, less than 65,000 Btu/h, air cooled commercial air 
conditioners and heat pumps and three-phase, less than 65,000 Btu/h 
variable refrigerant flow air conditioners and heat pumps; 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. DOE adopted 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.
    (6) Annual Estimated Number of Respondents: 2,083;
    (7) Annual Estimated Number of Total Responses: 32,243;
    (8) Annual Estimated Number of Burden Hours: 775,965 (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).

[[Page 80236]]

    (9) Annual Estimated Reporting and Recordkeeping Cost Burden: 
$56,645,445.00.
    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 
27, 2024, 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 27, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-22604 Filed 10-1-24; 8:45 am]
BILLING CODE 6450-01-P


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