82 FR 60845 - Energy Conservation Program: Energy Conservation Standards for Rough Service Lamps and Vibration Service Lamps
DEPARTMENT OF ENERGY Federal Register Volume 82, Issue 246 (December 26, 2017)
Federal Register Volume 82, Issue 246 (December 26, 2017)
| Page Range | 60845-60852 | |
| FR Document | 2017-27744 |
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)] [Rules and Regulations] [Pages 60845-60852] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27744] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations [[Page 60845]] DEPARTMENT OF ENERGY 10 CFR Part 430 [EERE-2017-BT-STD-0057] Energy Conservation Program: Energy Conservation Standards for Rough Service Lamps and Vibration Service Lamps AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Energy (DOE) is publishing this final rule in order to codify in the Code of Federal Regulations certain backstop requirements for rough service lamps and vibration service lamps that Congress prescribed in the Energy Policy and Conservation Act. These backstop requirements apply as a result of the subject lamps exceeding sales thresholds specified in the statute. In particular, this rule applies a statutorily-established 40-watt maximum energy use and packaging limitation to rough service lamps and vibration service lamps. DATES: The effective date of this rule is January 25, 2018. The incorporation by reference of a certain publication listed in this rulemaking is approved by the Director of the Federal Register on January 25, 2018. ADDRESSES: The docket 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-2017-BT-STD-0057. The docket web page will contain simple instructions on how to access all documents in the docket. FOR FURTHER INFORMATION CONTACT: Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-6122. Email: [email protected]. Appliance Standards staff, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. Email: [email protected]. SUPPLEMENTARY INFORMATION: This final rule incorporates by reference into 10 CFR part 430 the following commercial standard: NSF/ANSI 51- 2007 (``NSF/ANSI 51''), Food equipment materials, revised and adopted April 2007. Copies of NSF/ANSI 51 may be purchased from NSF International, P.O. Box 130140, 789 North Dixboro Road, Ann Arbor, MI 48113-0140, 1-800-673-6275, or go to http://www.nsf.org. For a further discussion of this standard, see section IV.M. Table of Contents I. Background II. Summary of This Action III. Final Action IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Congressional Notification M. Description of Materials Incorporated by Reference V. Approval of the Office of the Secretary I. Background Pursuant to 42 U.S.C. 6295(l)(4) of the Energy Policy and Conservation Act of 1975 (EPCA),\1\ Public Law 94-163 (42 U.S.C. 6291- 6317, as codified), DOE is required to collect unit sales data for calendar years 2010 through 2025, in consultation with the National Electrical Manufacturers Association (NEMA), for rough service, shatter-resistant, 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and vibration service lamps. For each of these five lamp types, DOE, in consultation with NEMA, must also construct a model based on coincident economic indicators that closely match the historical annual growth rates of each lamp type to provide a neutral comparison benchmark estimate of future unit sales. (42 U.S.C. 6295(l)(4)(B). Section 321(a)(3)(B) of the Energy Independence and Security Act of 2007 (EISA 2007) in part amends paragraph 325(l) of EPCA by adding paragraphs (4)(D) through (H), which direct DOE to initiate an accelerated rulemaking to establish an energy conservation standard for these lamps if the actual annual unit sales of any of the lamp types in any year between 2010 and 2025 exceed the benchmark estimate of unit sales by at least 100 percent (i.e., are greater than 200 percent of the anticipated sales). (42 U.S.C. 6295(l)(4)(D)-(H)) If the Secretary of Energy (Secretary) does not complete the accelerated rulemakings within one year from the end of the previous calendar year during which predicted sales were exceeded, there is a ``backstop requirement'' for each lamp type, which would establish, by statute, energy conservation standard levels and related requirements. Id. For 2,601-3,300 lumen general service incandescent lamps, this backstop is automatically imposed once the benchmark unit sales estimates are exceeded. --------------------------------------------------------------------------- \1\ All references to EPCA refer to the statute as amended through the Energy Efficiency Improvement Act of 2015, Public Law 114-11 (April 30, 2015). --------------------------------------------------------------------------- By this action, DOE is placing in the Code of Federal Regulations (CFR) the statutory backstop requirements for rough service lamps and vibration service lamps prescribed in 42 U.S.C. 6295(l)(4)(D)(ii) and (E)(ii). These sections, which were added by EISA 2007, establish energy conservation standard levels and related requirements for rough service lamps and vibration service lamps if DOE does not complete a rulemaking in an accelerated 1 year period after issuing a [[Page 60846]] finding that the specified benchmark unit sales estimates had been exceeded. II. Summary of This Action Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA by adding the definition of ``vibration service lamp.'' A ``vibration service lamp'' means a lamp that--(i) has filament configurations that are C-5, C-7A, or C-9, as listed in Figure 6-12 of the 9th Edition of the IESNA [Illuminating Engineering Society of North America] Lighting Handbook or similar configurations; (ii) has a maximum wattage of 60 watts; (iii) is sold at retail in packages of 2 lamps or less; and (iv) is designated and marketed specifically for vibration service or vibration-resistant applications, with--(I) the designation appearing on the lamp packaging; and (II) marketing materials that identify the lamp as being vibration service only. (42 U.S.C. 6291(30)(AA)) Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA by adding the definition of ``rough service lamp.'' A ``rough service lamp'' means a lamp that--(i) has a minimum of 5 supports with filament configurations that are C-7A, C-11, C-17, and C-22 as listed in Figure 6-12 of the 9th edition of the IESNA Lighting handbook, or similar configurations where lead wires are not counted as supports; and (ii) is designated and marketed specifically for ``rough service'' applications, with--(I) the designation appearing on the lamp packaging; and (II) marketing materials that identify the lamp as being for rough service. (42 U.S.C. 6291(30)(X)) DOE published a notice of data availability (NODA) in April 2016, which indicated that the shipments of vibration service lamps were over 7 million units in 2015. This equates to 272.5 percent of the benchmark estimate, which was 2,594,000 units. 81 FR 20261, 20263 (April 7, 2016). Therefore, vibration service lamps exceeded the statutory threshold for the first time, thus triggering an accelerated rulemaking to be completed no later than December 31, 2016. Id. Furthermore, NEMA submitted revised data for rough service lamps following the publication of the April 2016 NODA at 81 FR 20261. The revised data showed sales of 10,914,000 rough service lamps in 2015, which exceeded 100% of the benchmark estimate of 4,967,000 units for 2015.\2\ This resulted in a requirement for DOE to initiate an accelerated rulemaking for rough service lamps. In an October 2016 notice of proposed definition and data availability (NOPDDA), DOE indicated it must conduct an energy conservation standards rulemaking for rough service lamps to be completed no later than the end of the 2016 calendar year. 81 FR 71794, 71800 (Oct. 18, 2016). --------------------------------------------------------------------------- \2\ See ex parte memorandum published in the docket at https://www.regulations.gov/document?D=EERE-2013-BT-STD-0051-0075. --------------------------------------------------------------------------- If the Secretary does not complete these accelerated rulemakings within the one year time frame accorded by EPCA, the statute provides a backstop requirement that becomes an energy conservation standard for vibration service and rough service lamps. This backstop requirement would require vibration service lamps to: (1) Have a maximum 40-watt limitation and (2) be sold at retail only in a package containing one lamp. 42 U.S.C. 6295(l)(4)(E)(ii). For rough service lamps, the backstop requires that the lamps: (1) Have a shatter-proof coating or equivalent technology that complies with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective containment over the life of the lamp; (2) have a maximum 40-watt limitation; and (3) be sold at retail only in a package containing one lamp. 42 U.S.C. 6295(l)(4)(D)(ii). Since unit sales for vibration service lamps and rough service lamps exceeded 200 percent of the benchmark estimate in 2015, and DOE did not complete an energy conservation standards rulemaking for these lamps by the end of calendar year 2016, the backstop requirement was triggered, without discretion, and is now applicable. For this final rule, DOE codifies at 10 CFR 430.32 the statutory requirements that apply to rough service lamps and vibration service lamps in 42 U.S.C. 6295(l)(4)(D)(ii) and (E)(ii). These energy conservation levels and requirements apply to rough service lamps and vibration service lamps manufactured on or after January 25, 2018. While DOE did not meet its statutory deadline to complete an accelerated rulemaking by the end of calendar year 2016, an effective date of January 25, 2018, remains generally consistent with the intent of Congress to provide for a one calendar year period between imposition of the energy conservation standard and compliance with such standard. The Secretary will continue to collect and model data for rough service lamps and vibration service lamps for two years after this effective date, in accordance with 42 U.S.C. 6295(l)(4)(I)(ii). III. Final Action DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior notice and an opportunity for public comment on this final rule are unnecessary. DOE is merely placing in the CFR, verbatim, certain requirements and wattage limitations for rough service lamps and vibration service lamps prescribed by Congress in EPCA. DOE is not exercising any of the discretionary authority that Congress has provided to the Secretary of Energy in EPCA. As such, prior notice and an opportunity for comment would serve no purpose in this instance. DOE, therefore, finds that good cause exists to waive prior notice and an opportunity to comment for this rulemaking. IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 This final rule is a ``significant regulatory action'' under section 3(f)(1) of Executive Order 12866 and the principles reaffirmed in Executive Order 13563. Accordingly, this action was subject to review by the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). Regulatory Impact Analysis Summary The purpose of this Regulatory Impact Analysis (RIA) is to describe the range of potential costs related to applying the statutorily- established 40 watt maximum energy use and packaging limitation to rough and vibration service lamps as well as the shatter-proof coating requirement for rough service lamps. This RIA presents three separate consumer substitution scenarios due to the elimination of greater than 40 watt rough and vibration service lamps from the market. These three scenarios provide lower and upper bounds of the range of potential monetized costs, but they do not take into account lost utility caused by the substitutions. DOE estimates this rule to eliminate 80% of the rough and vibration service lamp market. DOE took this bounding approach because data are unavailable to forecast consumer response to the rule. In the first scenario, consumers are assumed to substitute rough and vibration service lamps greater than 40 watts with rough and service lamps less than 40 watts. In the second scenario, consumers are assumed to substitute greater than 40 watt rough and vibration service lamps with shatter-resistant lamps greater than 40 watts. In the third scenario, consumers are assumed to substitute greater than 40 watt rough and vibration service lamps with LEDs [[Page 60847]] emitting equivalent lumens as the lamps they would replace. In all three scenarios, consumers would still have access to rough and vibration service lamp less than 40 watts but would pay more per unit due to the new packaging limitations and shatter proofing requirements. Table 1 summarizes the three substitution scenarios as potential incremental costs and market value associated with this rulemaking. For a lower bound, the rule could increase aggregate consumer spending by $14.7 million if all consumers substituted greater than 40 watt rough and vibration service lamps with those less than 40 watts. For an upper bound, the rule could increase consumer spending by $72.8M if all consumers substituted greater than 40 watt rough and vibration service lamps with LEDs that emit equivalent lumens. In practice, there will likely be a mix of market responses across consumers. In the lower bound estimated especially there is likely to be additional, non- quantified lost utility because consumers are substituting lower wattage bulbs that deliver less light. Table 1 ---------------------------------------------------------------------------------------------------------------- Substitution scenarios * ----------------------------------------------------------------------- LEDs <40W rough/vibration service lamps Shatterproof (equivalent lamps (>40W) lumens) ---------------------------------------------------------------------------------------------------------------- Incremental Cost........................ $1.33 (rough)......................... $1.31 $2.91 $0.02 (vibration)..................... Market Value............................ $14.7M................................ 49.8M 72.8M ---------------------------------------------------------------------------------------------------------------- * Includes increased cost for packaging and shatter proofing for <40W rough and vibration service lamps. A more detailed summary of those costs are provided in the Consumer Impacts section. Background These requirements apply as a result of these lamps exceeding sales thresholds specified as required by EPCA. Pursuant to reporting and tracking requirements in 42 U.S.C. 6295(l)(4)(D) and (E), NEMA reported to DOE the following figures for rough service lamp and vibration service lamp shipments for the year 2015: Rough Service Lamps 10,914,000 Vibration Service Lamps 7,071,000 Because unit sales for rough service and vibration service lamps exceeded 100 percent of the neutral benchmark estimate of unit sales in 2015,\3\ and DOE did not complete an accelerated rulemaking establishing standards for these lamps within the statutorily required timeframe, EPCA mandates the following backstop requirement that becomes an energy standard for vibration and rough service lamps. This backstop requirement requires vibration service lamps to: (1) Have a maximum 40-watt limitation and (2) be sold at retail only in a package containing one lamp. 42 U.S.C. 6295(l)(4)(E)(ii). For rough service lamps, the backstop requires that the lamps: (1) Have a shatter-proof coating or equivalent technology that complies with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective containment over the life of the lamp; (2) have a maximum 40-watt limitation; and (3) be sold at retail only in a package containing one lamp. 42 U.S.C. 6295(l)(4)(D)(ii). These energy conservation levels and requirements apply to rough service and vibration service lamps manufactured on or after January 25, 2018. --------------------------------------------------------------------------- \3\ See https://www.regulations.gov/document?D=EERE-2011-BT-NOA-0013-0002. --------------------------------------------------------------------------- Market Impacts The practical effect of the backstop requirement is to remove rough and vibration service lamps over 40 watts from the market starting on January 25, 2018. DOE conducted an order of magnitude analysis to assess the likely costs associated with this action. As a first step, DOE looked at the revenue of the lamps above 40 watts that will no longer be generated by industry. Because DOE was previously prohibited from collecting data regarding incandescent lamps, including the subject lamps, DOE does not have data regarding the percentage of lamps sold of both types above 40 watts. DOE estimates that about 80 percent of rough and vibration service lamps are over 40 watts and will therefore no longer be available. Based on a review of home center prices, DOE concluded that these lamps sell for an average of $1.95 per lamp. Using this average sales price of $1.95, at the volumes reported in 2015, the market for rough and vibration service lamps greater than 40 watts was just over $28 million, out of a total market value of just over $35 million for all rough and vibration service lamps. Table 2 summarizes estimated current revenue associated with the subject lamps greater than 40 watts. Table 2 ------------------------------------------------------------------------ Rough service Vibration lamps service lamps ------------------------------------------------------------------------ Shipments in 2015....................... 10,914,000 7,071,000 ------------------------------- Average Sales Price..................... $1.95 Percent of Sales >40W................... 80% ------------------------------- Lost total revenue from >40W lamp $17,026,000 $11,031,000 removal from market.................... ------------------------------- Total............................... $28,057,000 ------------------------------------------------------------------------ [[Page 60848]] Consumer Impacts In the absence of rough and vibration service lamps above 40 watts, DOE believes that all or most consumers of these lamps will purchase a replacement product because the demand for light bulbs is expected to remain constant and not diminish significantly as a result of certain products exiting the market, even though substitute bulbs may be more costly. Consumers have multiple replacement options presented in the following three scenarios: (1) Rough or vibration service lamps less than 40 watts, (2) shatter-resistant lamps greater than 40 watts or (3) LED lamps emitting equivalent lumens. DOE does not attempt here to account for the reasons behind a consumer's choice to purchase a specific lamp type, hence a set of scenarios that represent lower and upper bounds of the incremental monetized cost of this final rule are presented. For rough and vibration service lamps less than 40 watts, consumers will pay more per unit via pass though costs due to the backstop packaging and shatterproof coating requirements. These costs are built into the three scenarios, but are detailed here for transparency. For the cost of packaging and shatter proofing requirement of the backstop provisions, DOE estimates imposition of the required backstop standard would result in a modest market cost increase related to the new packaging requirements for vibration and rough service lamps, of approximately $0.02 per unit, and to the new shatterproof coating requirements for rough service lamps of approximately $1.31 per unit. For vibration service lamps, DOE estimates additional packaging costs to be roughly $28,000. For rough service lamps, DOE estimates additional packaging costs totaling $44,000. For rough service lamps, DOE estimates shatterproof coating costs to be about $2,852,000. Table 3 summarizes these incremental costs for packaging and shatterproofing rough and vibration service lamps less than 40 watts under the estimated current 20 percent market profile when the rule is effective. Table 3 ------------------------------------------------------------------------ Rough service Vibration lamps service lamps ------------------------------------------------------------------------ Shipments in 2015....................... 10,914,000 7,071,000 ------------------------------- Percent of Sales for <40W............... 20% Unit Cost for Packaging................. $0.02 ------------------------------- Unit Cost for Shatter proofing.......... $1.31 NA Increased total cost for packaging for $44,000 $28,000 <40W................................... Increased total cost for shatter $2,852,000 NA proofing for <40W...................... ------------------------------- Total............................... $2,924,000 ------------------------------------------------------------------------ Substitution Scenario 1: Rough or Vibration Service Lamps Less Than 40 Watts Any lost opportunity to purchase rough service and vibration service lamps over 40 watts is diminished by the fact that consumers will still be able to purchase the 40 watt versions of these lamps after the backstop requires compliance. These lamps will require the same packaging and shatter proofing provisions so the substitution cost will increase. There is some utility lost associated with this substitution, primarily due to the fact that the lumen output from a 40 watt lamp is typically less than it would be for a lamp at a higher wattage. However, utility is not included in the calculation. Table 4 summarizes the incremental costs of the rule under this substitution scenario. Note that the costs for packaging and shatter proofing are higher than those shown in Table 3 because in this scenario, all bulbs will need to have these costs added, not just the ones currently <40 watts. Table 4 ------------------------------------------------------------------------ Rough service Vibration lamps service lamps ------------------------------------------------------------------------ Shipments in 2015....................... 10,914,000 7,071,000 ------------------------------- Percent of Sales >40W and <40W.......... 100% Unit Cost for Packaging................. $0.02 ------------------------------- Unit Cost for Shatter proofing.......... $1.31 NA Increased total cost for packaging for $218,000 $141,000 <40W................................... Increased total cost for shatter $14,297,000 NA proofing for <40W...................... ------------------------------- Subtotal............................ $14,516,000 $141,000 ------------------------------- Total........................... $14,657,000 ------------------------------------------------------------------------ Substitution Scenario 2: Shatter-Resistant Lamps Greater Than 40 Watts Consumers could choose to purchase an existing shatter-resistant lamp over 40 watts as there is significant overlap in application among rough service, vibration service, and shatter-resistant lamps. Many of these products are already co-named (e.g., a rough service and vibration service lamp or a rough service and shatter-resistant lamp) and the requirement to add a shatter-proof coating as part of the backstop requirement is evidence that shatter- [[Page 60849]] resistant lamps can be used in the same applications as rough service lamps. DOE expects minimal loss in consumer utility from this substitution. Shatter-resistant lamp sales have not exceeded their specified threshold. As a result, DOE has not been obligated to establish standards for this lamp type. Therefore, they are available using incandescent technology and are the lowest cost replacement option. Compared to a rough or vibration service lamp, a shatter- resistant lamp is about 67 percent more expensive, or an incremental increase of $1.31.\4\ Table 5 summarizes the incremental costs for shatter-resistant lamps (inclusive of cost increases for rough and vibration service lamps less than 40 watts currently purchased) under this scenario. --------------------------------------------------------------------------- \4\ This value was based on a comparison of Home Center prices of rough service lamps and shatter-resistant lamps. The manufacturer, wattage, shape, and correlated color temperature (CCT) were the same between the lamps being compared. Table 5 ------------------------------------------------------------------------ Rough service Vibration lamps service lamps ------------------------------------------------------------------------ Shipments in 2015....................... 10,914,000 7,071,000 ------------------------------- Percent of Sales >40W................... 80% Percent of Sales <40W................... 20% Average Sales Price..................... $1.95 Shatter-resistant lamp sales price...... $3.26 Incremental sales price increase........ $1.31 ------------------------------- Increased cost for shatter-resistant $28,433,000 $18,421,000 lamps due to >40W removal from market.. Increased total cost for packaging for $44,000 $28,000 <40W................................... Increased total cost for shatter $2,852,000 NA proofing for <40W...................... ------------------------------- Subtotal............................ $31,329,000 $18,450,000 ------------------------------- Total........................... $49,778,000 ------------------------------------------------------------------------ Substitution Scenario 3: LED Lamps With Equivalent Lumens Alternatively, consumers could choose to purchase a more efficient light-emitting diode (LED) lamp as a replacement. LED lamps can be used without modification in rough service applications, vibration service applications, or applications that require shatter-resistance because of the materials used in their construction and the absence of a filament. While LED lamps are currently about 149 percent more expensive,\5\ or an incremental increase of $2.91, than rough and vibration service lamps, they are more widely available than shatter- resistant lamps and also have features that consumers would find desirable, such as longer lifetimes and lower wattages (while maintaining the same amount of light). Further, DOE notes that prices for LED lamps continue to decrease in the marketplace. Table 6 summarizes the incremental costs for LED lamps (inclusive of cost increases for rough and vibration service lamps less than 40 watts) under this scenario. --------------------------------------------------------------------------- \5\ This value was based on a comparison of Home Center prices of rough service lamps and LED lamps. The manufacturer, wattage- equivalency, shape, and CCT were the same between the lamps being compared. Table 6 ------------------------------------------------------------------------ Rough service Vibration lamps service lamps ------------------------------------------------------------------------ Shipments in 2015....................... 10,914,000 7,071,000 ------------------------------- Percent of Sales >40W................... 80% Percent of Sales <40W................... 20% Average Sales Price..................... $1.95 LED lamp sales price.................... $4.86 Incremental sales price increase........ $2.91 ------------------------------- Increased cost for shatter-resistant $42,394,000 $27,467,000 lamps due to >40W removal from market.. Increased total cost for packaging for $44,000 $28,000 <40W................................... Increased total cost for shatter $2,852,000 NA proofing for <40W...................... ------------------------------- Subtotal............................ $45,290,000 $27,495,000 ------------------------------- Total........................... $72,785,000 ------------------------------------------------------------------------ Lifecycle Costs In addition to considering the upfront cost of purchasing the lightbulb, DOE also considered the lifecycle costs over the expected lifetime of the lamps. The factors that the agency considered for the lifecycle cost estimate were the upfront price of the lamp, lifetime of the lamp, usage time of the lamp, and the cost of electricity. DOE estimated the lifecycle costs for rough service lamps compared to LED lamps (unnecessary for the incandescent substitution scenarios) under the following scenario. [[Page 60850]] If the LED bulb can be used for the rough service applications, the cost of operating it for 3 hours a day is $1.32 per year (3 hours a day at $.11 a kilowatt hour). The bulb is expected to have a life of about 13 years. The lifecycle cost of buying the bulb and using it for its life would be about $22.00. A 75 watt rough service incandescent bulb costs $.50 up front, but $9.03 a year to use 3 hours a day (see the lighting facts here: https://www.lightbulbs.com/product/bulbrite-107275#). The life of the rough service lamp is 4.6 years. Over that time its lifecycle costs approximately $42.00 to buy and use a rough service lamp, and it only lasts on average about as third as long. In this example, the LED lifecycle costs are $22.00 to use it 3 hours a day for 13 years vs. $42.00 for the rough service incandescent for only 4.6 years. The lower LED lifecycle costs suggests that consumers are buying rough service incandescent lamps for reasons that may not be easily quantified. For example, consumers could purchase these lamps and put them in places where they are rarely used, such as a pantry or a closet. Then it makes sense to buy an inexpensive bulb because what matters is the upfront cost, not the cost of operating it. Consumers may have other reasons for choosing incandescent bulbs as well. The uncertainty surrounding these decisions are why it is difficult to model macro consumer response to this rule. B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, and a final regulatory flexibility analysis (FRFA) for any such rule that an agency adopts as a final rule, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website: http://energy.gov/gc/office-general-counsel. DOE today is revising the Code of Federal Regulations to incorporate and implement, verbatim, energy conservation standards for rough service lamps and vibration service lamps prescribed by EPCA. Because this is an amendment for which a general notice of proposed rulemaking is not required under 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act do not apply to this rulemaking. C. Review Under the Paperwork Reduction Act This rulemaking imposes no new information or record keeping requirements. Accordingly, Office of Management and Budget clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.) D. Review Under the National Environmental Policy Act of 1969 Pursuant to the National Environmental Policy Act (NEPA) of 1969, DOE has determined that the rule fits within the category of actions included in Categorical Exclusion (CX) B5.1 and otherwise meets the requirements for application of a CX. (See 10 CFR part 1021, App. B, B5.1(b); 1021.410(b) and App. B, B(1)-(5).) The rule fits within this category of actions because it is a rulemaking that establishes energy conservation standards for consumer products or industrial equipment, and for which none of the exceptions identified in CX B5.1(b) apply. Therefore, DOE has made a CX determination for this rulemaking, and DOE does not need to prepare an Environmental Assessment or Environmental Impact Statement for this rule. DOE's CX determination for this rule is available at http://energy.gov/nepa/categorical-exclusion-cx-determinations-cx. E. Review Under Executive Order 13132 Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999) imposes certain requirements on Federal agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this rule and has determined that it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this final rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) Therefore, no further action is required by Executive Order 13132. F. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ``Civil Justice Reform,'' imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. 61 FR 4729 (Feb. 7, 1996). Regarding the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation (1) clearly specifies the preemptive effect, if any, (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the [[Page 60851]] private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a ``significant intergovernmental mandate,'' and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy statement is also available at http://energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf. DOE has concluded that this final rule does not require expenditures of $100 million or more in any one year by the private sector, so the Unfunded Mandates Reform Act does not apply. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under Executive Order 12630 Pursuant to Executive Order 12630, ``Governmental Actions and Interference with Constitutionally Protected Property Rights,'' 53 FR 8859 (March 18, 1988), DOE has determined that this rule would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under the Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to review most disseminations of information to the public under information quality guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211 Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OIRA at OMB, a Statement of Energy Effects for any significant energy action. A ``significant energy action'' is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. DOE has concluded that this regulatory action is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects on this final rule. L. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to 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. 804(2). M. Description of Materials Incorporated by Reference In this final rule, DOE incorporates by reference a commercial standard published by NSF International, NSF/ANSI 51 Food equipment materials. This standard applies specifically to materials and coatings used in the manufacturing of equipment and objects designed for contact with foodstuffs. Copies of NSF/ANSI 51 are reasonably available and may be purchased from NSF International, P.O. Box 130140, 789 North Dixboro Road, Ann Arbor, MI 48113-0140, 1-800-673-6275, or go to http://www.nsf.org. V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 10 CFR Part 430 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses. Issued in Washington, DC, on December 18, 2017. Daniel R Simmons, Acting Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons set forth in the preamble, DOE amends part 430 of chapter II, subchapter D, of title 10 of the Code of Federal Regulations, as set forth below: PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 0 1. The authority citation for part 430 continues to read as follows: Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note. Sec. 430.3 [Amended] 0 2. In Sec. 430.3, paragraph (s)(1) is amended by removing ``Sec. 430.2.'' and adding in its place ``Sec. Sec. 430.2 and 430.32.'' 0 3. Section 430.32 is amended by adding paragraph (bb) to read as follows: Sec. 430.32 Energy and water conservation standards and their compliance dates. * * * * * (bb) Rough service lamps and vibration service lamps. (1) Rough service lamps manufactured on or after January 25, 2018 must: (i) Have a shatter-proof coating or equivalent technology that is compliant with NSF/ANSI 51 (incorporated by reference; see Sec. 430.3) and is designed to contain the glass if the glass envelope of the lamp is broken and to provide effective containment over the life of the lamp; (ii) Have a rated wattage not greater than 40 watts; and (iii) Be sold at retail only in a package containing one lamp. [[Page 60852]] (2) Vibration service lamps manufactured on or after January 25, 2018 must: (i) Have a rated wattage no greater than 40 watts; and (ii) Be sold at retail only in a package containing one lamp. [FR Doc. 2017-27744 Filed 12-22-17; 8:45 am] BILLING CODE 6450-01-P
![60845
Rules and Regulations Federal Register
Vol. 82, No. 246
Tuesday, December 26, 2017
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Ms. U.S.C. 6291–6317, as codified), DOE is
contains regulatory documents having general Celia Sher, U.S. Department of Energy, required to collect unit sales data for
applicability and legal effect, most of which Office of the General Counsel, GC–33, calendar years 2010 through 2025, in
are keyed to and codified in the Code of 1000 Independence Avenue SW, consultation with the National Electrical
Federal Regulations, which is published under Washington, DC 20585–0121. Manufacturers Association (NEMA), for
50 titles pursuant to 44 U.S.C. 1510.
Telephone: (202) 287–6122. Email: rough service, shatter-resistant, 3-way
The Code of Federal Regulations is sold by Celia.Sher@hq.doe.gov. incandescent lamps, 2,601–3,300 lumen
the Superintendent of Documents. Appliance Standards staff, U.S. general service incandescent lamps, and
Department of Energy, Office of Energy vibration service lamps. For each of
Efficiency and Renewable Energy, these five lamp types, DOE, in
DEPARTMENT OF ENERGY Building Technologies, EE–2J, 1000 consultation with NEMA, must also
Independence Avenue SW, Washington, construct a model based on coincident
10 CFR Part 430 DC 20585–0121. Telephone: economic indicators that closely match
[EERE–2017–BT–STD–0057] (202) 287–1445. Email: the historical annual growth rates of
ApplianceStandardsQuestions@ each lamp type to provide a neutral
Energy Conservation Program: Energy ee.doe.gov. comparison benchmark estimate of
Conservation Standards for Rough SUPPLEMENTARY INFORMATION: This final future unit sales. (42 U.S.C.
Service Lamps and Vibration Service rule incorporates by reference into 10 6295(l)(4)(B). Section 321(a)(3)(B) of the
Lamps CFR part 430 the following commercial Energy Independence and Security Act
standard: NSF/ANSI 51–2007 (‘‘NSF/ of 2007 (EISA 2007) in part amends
AGENCY: Office of Energy Efficiency and
ANSI 51’’), Food equipment materials, paragraph 325(l) of EPCA by adding
Renewable Energy, Department of
revised and adopted April 2007. Copies paragraphs (4)(D) through (H), which
Energy.
of NSF/ANSI 51 may be purchased from direct DOE to initiate an accelerated
ACTION: Final rule. NSF International, P.O. Box 130140, 789 rulemaking to establish an energy
SUMMARY: The U.S. Department of North Dixboro Road, Ann Arbor, MI conservation standard for these lamps if
Energy (DOE) is publishing this final 48113–0140, 1–800–673–6275, or go to the actual annual unit sales of any of the
rule in order to codify in the Code of http://www.nsf.org. lamp types in any year between 2010
For a further discussion of this and 2025 exceed the benchmark
Federal Regulations certain backstop
standard, see section IV.M. estimate of unit sales by at least 100
requirements for rough service lamps
and vibration service lamps that Table of Contents percent (i.e., are greater than 200
Congress prescribed in the Energy percent of the anticipated sales). (42
Policy and Conservation Act. These I. Background U.S.C. 6295(l)(4)(D)–(H)) If the Secretary
backstop requirements apply as a result II. Summary of This Action of Energy (Secretary) does not complete
of the subject lamps exceeding sales
III. Final Action the accelerated rulemakings within one
IV. Procedural Issues and Regulatory Review year from the end of the previous
thresholds specified in the statute. In A. Review Under Executive Orders 12866
particular, this rule applies a statutorily- calendar year during which predicted
and 13563
established 40-watt maximum energy sales were exceeded, there is a
B. Review Under the Regulatory Flexibility
use and packaging limitation to rough Act ‘‘backstop requirement’’ for each lamp
service lamps and vibration service C. Review Under the Paperwork Reduction type, which would establish, by statute,
lamps. Act energy conservation standard levels and
D. Review Under the National related requirements. Id. For 2,601–
DATES: The effective date of this rule is Environmental Policy Act of 1969 3,300 lumen general service
January 25, 2018. The incorporation by E. Review Under Executive Order 13132 incandescent lamps, this backstop is
reference of a certain publication listed F. Review Under Executive Order 12988 automatically imposed once the
in this rulemaking is approved by the G. Review Under the Unfunded Mandates
Reform Act of 1995 benchmark unit sales estimates are
Director of the Federal Register on exceeded.
H. Review Under the Treasury and General
January 25, 2018. Government Appropriations Act, 1999 By this action, DOE is placing in the
ADDRESSES: The docket is available for I. Review Under Executive Order 12630 Code of Federal Regulations (CFR) the
review at http://www.regulations.gov. J. Review Under the Treasury and General statutory backstop requirements for
All documents in the docket are listed Government Appropriations Act, 2001 rough service lamps and vibration
in the http://www.regulations.gov index. K. Review Under Executive Order 13211
L. Congressional Notification
service lamps prescribed in 42 U.S.C.
However, some documents listed in the M. Description of Materials Incorporated 6295(l)(4)(D)(ii) and (E)(ii). These
index, such as those containing by Reference sections, which were added by EISA
information that is exempt from public V. Approval of the Office of the Secretary 2007, establish energy conservation
disclosure, may not be publicly standard levels and related
available.
ethrower on DSK3G9T082PROD with RULES
I. Background requirements for rough service lamps
The docket web page can be found at Pursuant to 42 U.S.C. 6295(l)(4) of the and vibration service lamps if DOE does
http://www.regulations.gov/#! Energy Policy and Conservation Act of not complete a rulemaking in an
docketDetail;D=EERE-2017-BT-STD- 1975 (EPCA),1 Public Law 94–163 (42 accelerated 1 year period after issuing a
0057. The docket web page will contain
simple instructions on how to access all 1 All references to EPCA refer to the statute as Improvement Act of 2015, Public Law 114–11
documents in the docket. amended through the Energy Efficiency (April 30, 2015).
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![60846 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations
finding that the specified benchmark lamps. In an October 2016 notice of an opportunity for public comment on
unit sales estimates had been exceeded. proposed definition and data this final rule are unnecessary. DOE is
availability (NOPDDA), DOE indicated merely placing in the CFR, verbatim,
II. Summary of This Action
it must conduct an energy conservation certain requirements and wattage
Section 321(a)(1)(B) of EISA 2007 standards rulemaking for rough service limitations for rough service lamps and
amended section 321(30) of EPCA by lamps to be completed no later than the vibration service lamps prescribed by
adding the definition of ‘‘vibration end of the 2016 calendar year. 81 FR Congress in EPCA. DOE is not
service lamp.’’ A ‘‘vibration service 71794, 71800 (Oct. 18, 2016). exercising any of the discretionary
lamp’’ means a lamp that—(i) has If the Secretary does not complete authority that Congress has provided to
filament configurations that are C–5, these accelerated rulemakings within the Secretary of Energy in EPCA. As
C–7A, or C–9, as listed in Figure 6–12 the one year time frame accorded by such, prior notice and an opportunity
of the 9th Edition of the IESNA EPCA, the statute provides a backstop for comment would serve no purpose in
[Illuminating Engineering Society of requirement that becomes an energy this instance. DOE, therefore, finds that
North America] Lighting Handbook or conservation standard for vibration good cause exists to waive prior notice
similar configurations; (ii) has a service and rough service lamps. This and an opportunity to comment for this
maximum wattage of 60 watts; (iii) is backstop requirement would require rulemaking.
sold at retail in packages of 2 lamps or vibration service lamps to: (1) Have a
maximum 40-watt limitation and (2) be IV. Procedural Issues and Regulatory
less; and (iv) is designated and marketed
sold at retail only in a package Review
specifically for vibration service or
vibration-resistant applications, with— containing one lamp. 42 U.S.C. A. Review Under Executive Orders
(I) the designation appearing on the 6295(l)(4)(E)(ii). For rough service 12866 and 13563
lamp packaging; and (II) marketing lamps, the backstop requires that the This final rule is a ‘‘significant
materials that identify the lamp as being lamps: (1) Have a shatter-proof coating regulatory action’’ under section 3(f)(1)
vibration service only. (42 U.S.C. or equivalent technology that complies of Executive Order 12866 and the
6291(30)(AA)) with NSF/ANSI 51 and is designed to principles reaffirmed in Executive Order
Section 321(a)(1)(B) of EISA 2007 contain the glass if the glass envelope of 13563. Accordingly, this action was
amended section 321(30) of EPCA by the lamp is broken and to provide subject to review by the Office of
adding the definition of ‘‘rough service effective containment over the life of the Information and Regulatory Affairs
lamp.’’ A ‘‘rough service lamp’’ means lamp; (2) have a maximum 40-watt (OIRA) in the Office of Management and
a lamp that—(i) has a minimum of 5 limitation; and (3) be sold at retail only
Budget (OMB).
supports with filament configurations in a package containing one lamp. 42
that are C–7A, C–11, C–17, and C–22 as U.S.C. 6295(l)(4)(D)(ii). Regulatory Impact Analysis
listed in Figure 6–12 of the 9th edition Since unit sales for vibration service Summary
of the IESNA Lighting handbook, or lamps and rough service lamps
exceeded 200 percent of the benchmark The purpose of this Regulatory Impact
similar configurations where lead wires
estimate in 2015, and DOE did not Analysis (RIA) is to describe the range
are not counted as supports; and (ii) is
complete an energy conservation of potential costs related to applying the
designated and marketed specifically for
standards rulemaking for these lamps by statutorily-established 40 watt
‘‘rough service’’ applications, with—(I)
the end of calendar year 2016, the maximum energy use and packaging
the designation appearing on the lamp
backstop requirement was triggered, limitation to rough and vibration service
packaging; and (II) marketing materials
without discretion, and is now lamps as well as the shatter-proof
that identify the lamp as being for rough
applicable. For this final rule, DOE coating requirement for rough service
service. (42 U.S.C. 6291(30)(X))
DOE published a notice of data codifies at 10 CFR 430.32 the statutory lamps. This RIA presents three separate
availability (NODA) in April 2016, requirements that apply to rough service consumer substitution scenarios due to
which indicated that the shipments of lamps and vibration service lamps in 42 the elimination of greater than 40 watt
vibration service lamps were over 7 U.S.C. 6295(l)(4)(D)(ii) and (E)(ii). These rough and vibration service lamps from
million units in 2015. This equates to energy conservation levels and the market. These three scenarios
272.5 percent of the benchmark requirements apply to rough service provide lower and upper bounds of the
estimate, which was 2,594,000 units. 81 lamps and vibration service lamps range of potential monetized costs, but
FR 20261, 20263 (April 7, 2016). manufactured on or after January 25, they do not take into account lost utility
Therefore, vibration service lamps 2018. While DOE did not meet its caused by the substitutions. DOE
exceeded the statutory threshold for the statutory deadline to complete an estimates this rule to eliminate 80% of
first time, thus triggering an accelerated accelerated rulemaking by the end of the rough and vibration service lamp
rulemaking to be completed no later calendar year 2016, an effective date of market. DOE took this bounding
than December 31, 2016. Id. January 25, 2018, remains generally approach because data are unavailable
Furthermore, NEMA submitted revised consistent with the intent of Congress to to forecast consumer response to the
data for rough service lamps following provide for a one calendar year period rule.
between imposition of the energy In the first scenario, consumers are
the publication of the April 2016 NODA
conservation standard and compliance assumed to substitute rough and
at 81 FR 20261. The revised data
with such standard. The Secretary will vibration service lamps greater than 40
showed sales of 10,914,000 rough
continue to collect and model data for watts with rough and service lamps less
service lamps in 2015, which exceeded
rough service lamps and vibration than 40 watts. In the second scenario,
100% of the benchmark estimate of
consumers are assumed to substitute
ethrower on DSK3G9T082PROD with RULES
4,967,000 units for 2015.2 This resulted service lamps for two years after this
effective date, in accordance with 42 greater than 40 watt rough and vibration
in a requirement for DOE to initiate an
U.S.C. 6295(l)(4)(I)(ii). service lamps with shatter-resistant
accelerated rulemaking for rough service
lamps greater than 40 watts. In the third
III. Final Action scenario, consumers are assumed to
2 Seeex parte memorandum published in the
docket at https://www.regulations.gov/document? DOE has determined, pursuant to 5 substitute greater than 40 watt rough
D=EERE-2013-BT-STD-0051-0075. U.S.C. 553(b)(B), that prior notice and and vibration service lamps with LEDs
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![Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60851
private sector. Public Law 104–4, sec. Act, 2001 (44 U.S.C. 3516, note) designed for contact with foodstuffs.
201 (codified at 2 U.S.C. 1531). For a provides for Federal agencies to review Copies of NSF/ANSI 51 are reasonably
regulatory action likely to result in a most disseminations of information to available and may be purchased from
rule that may cause the expenditure by the public under information quality NSF International, P.O. Box 130140, 789
State, local, and Tribal governments, in guidelines established by each agency North Dixboro Road, Ann Arbor, MI
the aggregate, or by the private sector of pursuant to general guidelines issued by 48113–0140, 1–800–673–6275, or go to
$100 million or more in any one year OMB. OMB’s guidelines were published http://www.nsf.org.
(adjusted annually for inflation), section at 67 FR 8452 (Feb. 22, 2002), and
DOE’s guidelines were published at 67 V. Approval of the Office of the
202 of UMRA requires a Federal agency
to publish a written statement that FR 62446 (Oct. 7, 2002). DOE has Secretary
estimates the resulting costs, benefits, reviewed this final rule under the OMB The Secretary of Energy has approved
and other effects on the national and DOE guidelines and has concluded publication of this final rule.
economy. (2 U.S.C. 1532(a), (b)) The that it is consistent with applicable List of Subjects in 10 CFR Part 430
UMRA also requires a Federal agency to policies in those guidelines.
develop an effective process to permit Administrative practice and
K. Review Under Executive Order 13211 procedure, Confidential business
timely input by elected officers of State,
local, and Tribal governments on a Executive Order 13211, ‘‘Actions information, Energy conservation,
‘‘significant intergovernmental Concerning Regulations That Household appliances, Imports,
mandate,’’ and requires an agency plan Significantly Affect Energy Supply, Incorporation by reference,
for giving notice and opportunity for Distribution, or Use,’’ 66 FR 28355 (May Intergovernmental relations, Small
timely input to potentially affected 22, 2001), requires Federal agencies to businesses.
small governments before establishing prepare and submit to OIRA at OMB, a Issued in Washington, DC, on December
any requirements that might Statement of Energy Effects for any 18, 2017.
significantly or uniquely affect them. On significant energy action. A ‘‘significant Daniel R Simmons,
March 18, 1997, DOE published a energy action’’ is defined as any action Acting Assistant Secretary, Energy Efficiency
statement of policy on its process for by an agency that promulgates or is and Renewable Energy.
intergovernmental consultation under expected to lead to promulgation of a
For the reasons set forth in the
UMRA. 62 FR 12820. DOE’s policy final rule, and that (1) is a significant
preamble, DOE amends part 430 of
statement is also available at http:// regulatory action under Executive Order
chapter II, subchapter D, of title 10 of
energy.gov/sites/prod/files/gcprod/ 12866, or any successor order; and (2)
the Code of Federal Regulations, as set
documents/umra_97.pdf. is likely to have a significant adverse
forth below:
DOE has concluded that this final rule effect on the supply, distribution, or use
does not require expenditures of $100 of energy, or (3) is designated by the PART 430—ENERGY CONSERVATION
million or more in any one year by the Administrator of OIRA as a significant PROGRAM FOR CONSUMER
private sector, so the Unfunded energy action. For any significant energy PRODUCTS
Mandates Reform Act does not apply. action, the agency must give a detailed
statement of any adverse effects on ■ 1. The authority citation for part 430
H. Review Under the Treasury and energy supply, distribution, or use continues to read as follows:
General Government Appropriations should the proposal be implemented,
Act, 1999 Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
and of reasonable alternatives to the 2461 note.
Section 654 of the Treasury and action and their expected benefits on
General Government Appropriations energy supply, distribution, and use. § 430.3 [Amended]
Act, 1999 (Pub. L. 105–277) requires DOE has concluded that this ■ 2. In § 430.3, paragraph (s)(1) is
Federal agencies to issue a Family regulatory action is not a significant amended by removing ‘‘§ 430.2.’’ and
Policymaking Assessment for any rule energy action because it is not likely to adding in its place ‘‘§§ 430.2 and
that may affect family well-being. This have a significant adverse effect on the 430.32.’’
rule would not have any impact on the supply, distribution, or use of energy, ■ 3. Section 430.32 is amended by
autonomy or integrity of the family as nor has it been designated as such by adding paragraph (bb) to read as
an institution. Accordingly, DOE has the Administrator at OIRA. Accordingly, follows:
concluded that it is not necessary to DOE has not prepared a Statement of
prepare a Family Policymaking Energy Effects on this final rule. § 430.32 Energy and water conservation
Assessment. standards and their compliance dates.
L. Congressional Notification * * * * *
I. Review Under Executive Order 12630 As required by 5 U.S.C. 801, DOE will (bb) Rough service lamps and
Pursuant to Executive Order 12630, report to Congress on the promulgation vibration service lamps. (1) Rough
‘‘Governmental Actions and Interference of this rule prior to its effective date. service lamps manufactured on or after
with Constitutionally Protected Property The report will state that it has been January 25, 2018 must:
Rights,’’ 53 FR 8859 (March 18, 1988), determined that the rule is not a ‘‘major (i) Have a shatter-proof coating or
DOE has determined that this rule rule’’ as defined by 5 U.S.C. 804(2). equivalent technology that is compliant
would not result in any takings that with NSF/ANSI 51 (incorporated by
M. Description of Materials
might require compensation under the reference; see § 430.3) and is designed to
Incorporated by Reference
Fifth Amendment to the U.S. contain the glass if the glass envelope of
In this final rule, DOE incorporates by
ethrower on DSK3G9T082PROD with RULES
Constitution. the lamp is broken and to provide
reference a commercial standard effective containment over the life of the
J. Review Under the Treasury and published by NSF International, NSF/ lamp;
General Government Appropriations ANSI 51 Food equipment materials. (ii) Have a rated wattage not greater
Act, 2001 This standard applies specifically to than 40 watts; and
Section 515 of the Treasury and materials and coatings used in the (iii) Be sold at retail only in a package
General Government Appropriations manufacturing of equipment and objects containing one lamp.
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![60852 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations
(2) Vibration service lamps these amendments for congressional For the reasons set out in the
manufactured on or after January 25, review under the Federal Election preamble, the Federal Election
2018 must: Campaign Act of 1971, as amended, the Commission amends 11 CFR chapter I
(i) Have a rated wattage no greater Presidential Election Campaign Fund as follows:
than 40 watts; and Act, as amended, or the Presidential
(ii) Be sold at retail only in a package Primary Matching Payment Account PART 1—PRIVACY ACT
containing one lamp. Act, as amended. See 52 U.S.C.
■ 1. The authority citation for part 1
[FR Doc. 2017–27744 Filed 12–22–17; 8:45 am] 30111(d)(1), (4) (providing for
continues to read as follows:
BILLING CODE 6450–01–P congressional review when Commission
‘‘prescribe[s]’’ a ‘‘rule of law’’); 26 Authority: 5 U.S.C. 552a.
U.S.C. 9009(c)(1), (4), 9039(c)(1), (4) ■ 2. Amend § 1.2 by revising the
FEDERAL ELECTION COMMISSION (same). definition for ‘‘Commission’’ to read as
List of Subjects follows:
11 CFR Chapter I
11 CFR Part 1 § 1.2 Definitions.
[Notice 2017–17]
Privacy. * * * * *
Change of Address; Technical Commission means the Federal
Amendments 11 CFR Part 2 Election Commission, its
Sunshine Act. Commissioners and employees. Until
AGENCY: Federal Election Commission. March 5, 2018, the Commission is
ACTION: Final rule. 11 CFR Part 4 located at 999 E Street NW, Washington,
Freedom of information. DC 20463. Beginning on March 5, 2018,
SUMMARY: The Federal Election the Commission will be located at 1050
Commission (‘‘FEC’’ or ‘‘Commission’’) 11 CFR Part 5 First Street NE, Washington, DC 20463.
will relocate to a building with a Archives and records. The Commission’s internet website
different street address in 2018 and is address (www.fec.gov) remains
amending its regulations referencing its 11 CFR Part 6 unchanged.
current street address to reflect this Civil rights, Individuals with * * * * *
change in location. disabilities.
DATES: This rule is effective January 1, § 1.3 [Amended]
2018. 11 CFR Part 7 ■ 3. Amend § 1.3(b) by removing ‘‘Chief
FOR FURTHER INFORMATION CONTACT: Mr. Administrative practice and Privacy Officer, Federal Election
Tony Buckley, Attorney, or Mr. Eugene procedure, Conflict of interests, Commission, 999 E Street NW,
Lynch, Paralegal, (202) 694–1650 or Government employees, Political Washington, DC 20463 during the hours
(800) 424–9530. activities (government employees). of 9 a.m. to 5:30 p.m.’’ and adding in its
SUPPLEMENTARY INFORMATION: On March place ‘‘Commission’s Chief Privacy
11 CFR Part 100
5, 2018, the Federal Election Officer during the hours of 9 a.m. to
Commission will officially relocate to a Elections. 5:30 p.m. at the street address identified
new street address: 1050 First Street NE, 11 CFR Part 102 in the definition of ‘‘Commission’’ in
Washington, DC 20463. Until March 5, § 1.2.’’
Political activities (government
2018, the Commission will continue to § 1.4 [Amended]
employees), Reporting and
reside and accept mail at 999 E Street
recordkeeping requirements. ■ 4. Amend § 1.4(a) by removing ‘‘, 999
NW, Washington, DC 20463.
The Commission is promulgating 11 CFR Part 104 E Street NW, Washington, DC 20463’’
these amendments without advance and adding in its place ‘‘at the street
Campaign funds, Political activities address identified in the definition of
notice or an opportunity for comment
(government employees), Reporting and ‘‘Commission’’ in § 1.2,’’.
because they fall under the ‘‘good
recordkeeping requirements.
cause’’ exemption of the Administrative PART 2—SUNSHINE REGULATIONS;
Procedure Act. 5 U.S.C. 553(b)(B). The 11 CFR Part 111 MEETINGS
Commission finds that notice and Administrative practice and
comment are unnecessary here because procedure, Elections, Law enforcement, ■ 5. The authority citation for part 2
these amendments are merely technical; Penalties. continues to read as follows:
they effect no substantive changes to Authority: 5 U.S.C. 552b.
any rule. For the same reason, these 11 CFR Part 112
amendments fall within the ‘‘good Administrative practice and § 2.2 [Amended]
cause’’ exception to the delayed procedure, Elections. ■ 6. Amend § 2.2(a) by removing ‘‘, 999
effective date provisions of the E Street NW, Washington, DC 20463’’.
Administrative Procedure Act and the 11 CFR Part 200
Congressional Review Act. 5 U.S.C. Administrative practice and PART 4—PUBLIC RECORDS AND THE
553(d)(3), 808(2). Moreover, because procedure. FREEDOM OF INFORMATION ACT
these amendments are exempt from the
notice and comment procedure of the 11 CFR Parts 9002 and 9032 ■ 7. The authority citation for part 4
ethrower on DSK3G9T082PROD with RULES
Administrative Procedure Act under 5 Campaign funds. continues to read as follows:
U.S.C. 553(b), the Commission is not Authority: 5 U.S.C. 552, as amended.
required to conduct a regulatory 11 CFR Part 9008
flexibility analysis under 5 U.S.C. 603 or Campaign funds, Political committees § 4.5 [Amended]
604. See 5 U.S.C. 601(2), 604(a). Nor is and parties, Reporting and ■ 8. Amend § 4.5(a)(4)(i) and (iv) by
the Commission required to submit recordkeeping requirements. removing ‘‘999 E Street NW,
VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1](https://thefederalregister.org/doc/82_FR_61091/page/8.svg)
Document Created: 2017-12-23 03:08:49
Document Modified: 2017-12-23 03:08:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of this rule is January 25, 2018. The incorporation by reference of a certain publication listed in this rulemaking is approved by the Director of the Federal Register on January 25, 2018. | |
| Contact | Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-6122. Email: [email protected] | |
| FR Citation | 82 FR 60845 | |
| CFR Associated | Administrative Practice and Procedure; Confidential Business Information; Energy Conservation; Household Appliances; Imports; Incorporation by Reference; Intergovernmental Relations and Small Businesses |
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