Notice2024-22604
Energy Conservation Program: Proposed Agency Information Collection Revision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2024
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 191 (Wednesday, October 2, 2024)</title>
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[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80233-80236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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>.
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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
<a href="http://www.regulations.gov">www.regulations.gov</a>). 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. <a href="https://www.energy.gov/eere/buildings/implementation-certification-and-enforcement">https://www.energy.gov/eere/buildings/implementation-certification-and-enforcement</a>.
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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
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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. <a href="https://www.energy.gov/eere/buildings/implementation-certification-and-enforcement">https://www.energy.gov/eere/buildings/implementation-certification-and-enforcement</a>.
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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).
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(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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