83_FR_47990 83 FR 47806 - Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode Lamps

83 FR 47806 - Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode Lamps

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47806-47813
FR Document2018-20599

On July 1, 2016, the U.S. Department of Energy (DOE) published a final rule adopting a test procedure for integrated light-emitting diode (LED) lamps (hereafter referred to as ``LED lamps'') to support the implementation of labeling provisions by the Federal Trade Commission, as well as the general service lamps rulemaking, which includes LED lamps. This final rule amends the LED lamps test procedure by allowing for time to failure measurements to be taken at elevated temperatures consistent with the ENERGY STAR program requirements.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47806-47813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20599]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2016-BT-TP-0037]
RIN 1904-AD74


Energy Conservation Program: Test Procedures for Integrated 
Light-Emitting Diode Lamps

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

ACTION: Final rule.

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[[Page 47807]]

SUMMARY: On July 1, 2016, the U.S. Department of Energy (DOE) published 
a final rule adopting a test procedure for integrated light-emitting 
diode (LED) lamps (hereafter referred to as ``LED lamps'') to support 
the implementation of labeling provisions by the Federal Trade 
Commission, as well as the general service lamps rulemaking, which 
includes LED lamps. This final rule amends the LED lamps test procedure 
by allowing for time to failure measurements to be taken at elevated 
temperatures consistent with the ENERGY STAR program requirements.

DATES: The effective date of this rule is October 22, 2018.

ADDRESSES: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    A link to the docket web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=19. The docket web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-1604. Email: 
ApplianceStandardsQuestions@ee.doe.gov.
    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: Celia.Sher@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
    A. Scope of Applicability
    B. Amended Approach for Determining Lifetime
    C. Test Procedure Costs and Impact
    D. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under Executive Order 13771
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act of 1995
    E. Review Under the National Environmental Policy Act of 1969
    F. Review Under Executive Order 13132
    G. Review Under Executive Order 12988
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999
    J. Review Under Executive Order 12630
    K. Review Under Treasury and General Government Appropriations 
Act, 2001
    L. Review Under Executive Order 13211
    M. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    N. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act''), among other things, 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and industrial equipment.\1\ Title III, Part B \2\ of 
EPCA established the Energy Conservation Program for Consumer Products 
Other Than Automobiles, which sets forth a variety of provisions 
designed to improve energy efficiency. These consumer products include 
integrated light-emitting diode (LED) lamps, the subject of this 
document.
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    \1\ All references to EPCA refer to the statute as amended 
through the EPS Improvement Act of 2017, Public Law 115-115 (January 
12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of the Act 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). 
The testing requirements consist of test procedures that manufacturers 
of covered products must use as the basis for (1) certifying to DOE 
that their products comply with the applicable energy conservation 
standards adopted under EPCA (42 U.S.C. 6295(s)), and (2) making 
representations about the energy use or efficiency of those products 
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (See 
42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption 
for particular State laws or regulations, in accordance with the 
procedures and other provisions of EPCA. (42 U.S.C. 6297(d)
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides, in relevant part, that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish a proposed test procedure and offer the 
public an opportunity to present oral and written comments on it. (42 
U.S.C. 6293(b)(2)) EPCA also requires that, at least once every 7 
years, DOE review test procedures for each type of covered product, 
including integrated LED lamps, to determine whether amended test 
procedures would more accurately or fully comply with the requirements 
for the test procedures to not be unduly burdensome to conduct and be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use. (42 U.S.C. 
6293(b)(1)(A)) If the Secretary determines, on his own behalf or in 
response to a petition by any interested person, that a test procedure 
should be prescribed or amended, the Secretary shall promptly publish 
in the Federal Register proposed test procedures and afford interested 
persons an opportunity to present oral and written data, views, and 
arguments with respect to such procedures. The comment period on a 
proposed rule to amend a test procedure shall be at least 60 days and 
may not exceed 270 days. In prescribing or amending a test procedure, 
the Secretary shall take into account such information as the Secretary 
determines relevant to such procedure, including technological 
developments relating to energy use or energy efficiency of the type 
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE 
determines that test procedure revisions are not appropriate, DOE must 
publish notice in the Federal Register of its determination not to 
amend the test procedure. (42 U.S.C. 6293(b)(1)(A))

[[Page 47808]]

    DOE published a final rule in the Federal Register on July 1, 2016 
(hereafter the ``July 2016 LED TP final rule''), which adopted test 
procedures for integrated LED lamps in appendix BB to subpart B of 10 
CFR part 430 to support the implementation of labeling provisions by 
the Federal Trade Commission, as well as the general service lamps 
rulemaking, a category of lamps that includes LED lamps. 81 FR 43403. 
On November 4, 2016, DOE published a notice of proposed rulemaking 
(NOPR) (hereafter the ``November 2016 LED TP NOPR'') in the Federal 
Register proposing an amendment to the integrated LED lamp test 
procedures to allow for time to failure measurements to be taken at 
elevated temperatures. 81 FR 76877. In this final rule, DOE adopts that 
amendment and responds to comments received on the November 2016 LED TP 
NOPR.

II. Synopsis of the Final Rule

    Based on stakeholder feedback since the publication of the July 
2016 LED TP final rule, DOE proposed in the November 2016 LED TP NOPR 
to allow time to failure measurements collected for DOE's LED lamps 
test procedure to be taken at elevated temperatures. In this final 
rule, DOE amends the test procedure for integrated LED lamps as 
proposed in the NOPR without any further modification.
    The effective date for the amended test procedures adopted in this 
final rule will be 30 days after publication of this document in the 
Federal Register. Representations of energy use or energy efficiency 
must be based on testing in accordance with the amended test procedures 
beginning 180 days after the publication of this final rule. DOE notes 
that the amended test procedure allows measurements to be taken at 
elevated temperatures but does not require it.

III. Discussion

A. Scope of Applicability

    EPCA defines an LED as a p-n junction \3\ solid-state device, the 
radiated output of which, either in the infrared region, visible 
region, or ultraviolet region, is a function of the physical 
construction, material used, and exciting current of the device. (42 
U.S.C. 6291(30)(CC)) In the July 2016 LED TP final rule, DOE stated 
that the rulemaking applied to LED lamps that met DOE's adopted 
definition of an integrated LED lamp, which was based on the term as 
defined by ANSI/IES \4\ RP-16-2010, ``Nomenclature and Definitions for 
Illuminating Engineering,'' and adopted as follows:
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    \3\ P-n junction is the boundary between p-type and n-type 
material in a semiconductor device, such as LEDs. P-n junctions are 
diodes, active sites where current can flow readily in one direction 
but not in the other direction.
    \4\ American National Standards Institute/Illuminating 
Engineering Society of North America
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    Integrated light-emitting diode lamp means an integrated LED lamp 
as defined in ANSI/IES RP-16.
    The ANSI/IES standard defines an integrated LED lamp as an 
integrated assembly that comprises LED packages (components) or LED 
arrays (modules) (collectively referred to as an LED source), an LED 
driver, an ANSI standard base, and other optical, thermal, mechanical 
and electrical components (such as phosphor layers, insulating 
materials, fasteners to hold components within the lamp together, and 
electrical wiring). The LED lamp is intended to connect directly to a 
branch circuit through a corresponding ANSI standard socket. 81 FR 
43405.

B. Amended Approach for Determining Lifetime

    In the July 2016 LED TP final rule, DOE adopted test procedures, 
located in appendix BB to subpart B of 10 CFR part 430, for measuring 
and projecting time to failure of LED lamps based on lumen maintenance 
data. The adopted test procedures were largely based on the industry 
standards IES LM-84-14, ``Approved Method: Measuring Luminous Flux and 
Color Maintenance of LED Lamps, Light Engines, and Luminaires,'' and 
IES TM-28-14, ``Projecting Long-Term Luminous Flux Maintenance of LED 
Lamps and Luminaires,'' for the applicable lumen maintenance 
measurements and time to failure projection methods, with some 
modifications. 81 FR 43427-43428 (July 1, 2016). IES LM-84-14 provides 
a method for lumen maintenance measurement of integrated LED lamps and 
specifies the operational and environmental conditions during testing 
such as operating cycle, ambient temperature, airflow, and orientation. 
Lumen maintenance is the measure of lumen output after an elapsed 
operating time, expressed as a percentage of the initial lumen output. 
IES TM-28-14 provides methods for projecting the lumen maintenance of 
integrated LED lamps depending on the available data and test duration. 
The provided methods include projecting time to failure using multiple 
lumen maintenance measurements collected over a period of time, rather 
than a single measurement at the end of the test duration. 81 FR 43409 
(July 1, 2016). DOE's test procedure adopted in the July 2016 LED TP 
final rule requires that the projection calculation be completed for 
each individual LED lamp and the projected time to failure values then 
be used to calculate the lifetime of the sample using the prescribed 
methods. 81 FR 43414. The lumen maintenance measurements used in the 
projection are specified to be taken at an ambient temperature of 25 
[deg]C  5 [deg]C.
    After the publication of the July 2016 LED TP final rule, the 
National Electrical Manufacturers Association (NEMA) requested that DOE 
approve the use of test results from the Elevated Temperature Life Test 
\5\ contained in the ENERGY STAR Program Requirements Product 
Specification for Lamps (Light Bulbs) Eligibility Criteria Version 2.0 
(hereafter ``ENERGY STAR Lamps Specification V2.0'') \6\ in place of 
the test method for measuring lumen maintenance and time to failure in 
DOE's LED lamps test procedure because it would reduce test burden. 
NEMA asserted that because the test conditions from the Elevated 
Temperature Life Test are more stringent, the test results, if 
different, would be more conservative than if the lamps were tested 
according to the current DOE LED lamps test procedure. 81 FR 76878-
76879 (November 4, 2016). In response to this request, DOE proposed in 
the November 2016 LED TP NOPR to amend the integrated LED lamps test 
procedure to allow for time to failure testing to be conducted at 
elevated temperatures.
---------------------------------------------------------------------------

    \5\ The ENERGY STAR Elevated Temperature Life Test Method can be 
found at https://www.energystar.gov/sites/default/files/ENERGY%20STAR%20Elevated%20Temperature%20Life%20Test%20Method.pdf.
    \6\ ``ENERGY STAR Program Requirements: Product Specification 
for Lamps (Light Bulbs) Version 2.0.'' U.S. Environmental Protection 
Agency, February 2016.
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    As noted in the November 2016 LED TP NOPR, DOE compared the current 
DOE LED lamps test procedure and the methods contained in the ENERGY 
STAR Elevated Temperature Life Test and determined that the operating 
temperature test conditions specified in the ENERGY STAR Elevated 
Temperature Life Test will more negatively affect performance values 
than those prescribed in DOE's LED lamps test procedure since the 
Elevated Temperature Life Test requires testing of LED lamps at higher 
ambient temperatures. Specifically, the Elevated Temperature Life Test 
requires directional lamps with rated wattages less than or equal to 20 
W to be tested at 45 [deg]C  5 [deg]C; directional lamps 
with rated wattages greater than 20 W to be

[[Page 47809]]

tested at 55 [deg]C  5 [deg]C; and all other 
omnidirectional and decorative lamps to be tested at 45 [deg]C  5 [deg]C. DOE's test procedure requires operating temperature to 
be maintained at 25 [deg]C  5 [deg]C. 81 FR at 76879 
(November 4, 2016).
    In addition to a difference in ambient temperature during lumen 
maintenance testing, DOE noted in the November 2016 LED TP NOPR that 
ENERGY STAR's and DOE's test procedures also differ in how to determine 
the value of lifetime. ENERGY STAR's test procedure provides a method 
to confirm a manufacturer-declared lifetime value. It requires 
manufacturers to meet or exceed minimum lumen maintenance values at a 
specific test duration to be able to claim a certain maximum lifetime. 
For example, for a lamp to be certified with a lifetime of 25,000 
hours, that lamp must achieve a minimum lumen maintenance of 91.8 
percent after 6,000 hours of operation. DOE's test procedure for 
determining lifetime depends on the time to failure of individual 
units, which is determined by taking lumen maintenance measurements at 
multiple intervals and then calculating the time to failure. For 
example, after 6,000 hours of testing, manufacturers can use the 
specified method to project a lamp's time to failure value to be up to 
36,000 hours. Lifetime is then determined by calculating the median 
time to failure of the sample (calculated as the arithmetic mean of the 
time to failure of the two middle sample units when the numbers are 
sorted in value order). This is consistent with the statutory 
definition of lifetime, which is described as the length of operating 
time of a statistically large group of lamps between first use and 
failure of 50 percent of the group. 42 U.S.C. 6291(30)(P).
    To maintain consistency with the statutory definition of lifetime, 
in the November 2016 LED TP NOPR, DOE did not propose to allow for an 
entire substitution of the ENERGY STAR lifetime test procedure in place 
of DOE's time to failure measurements. Instead, DOE proposed to amend 
section 4.4.4 of appendix BB to allow time to failure testing to be 
conducted at elevated temperatures above the current requirement, which 
stipulates to maintain ambient operating temperature at 25 [deg]C 
 5 [deg]C. Manufacturers would then have the flexibility to 
conduct the Elevated Temperature Life Test for ENERGY STAR, while also 
following the calculation method for DOE's LED lamps test procedure, 
and avoid test duplication. LED lamps are sensitive to changes in 
ambient temperature, generally performing less favorably at higher 
temperatures. DOE tentatively concluded that this proposed change would 
result in, if any difference, more conservative representations of 
lifetime. Id.
    DOE received only one stakeholder comment pertaining to LED lamps 
and the proposed test procedure amendment. Intertek commented that they 
support the proposed amendment to the test procedure and added that 
testing at elevated temperature is more stringent than at normal 
ambient temperatures (i.e., 25 [deg]C). Intertek concluded that 
laboratory tests have confirmed this assessment and noted that elevated 
temperatures stress each of the lamp components in conditions that more 
accurately reflect the end-use environments of lamps intended for use 
in enclosed or recessed fixtures. (Intertek, No. 2 at p. 1) DOE 
appreciates the feedback confirming that testing at elevated 
temperatures results in more conservative estimates for lamp lifetime. 
DOE did not receive any other comments. Therefore, DOE is adopting the 
amendment to the integrated LED lamps test procedure as proposed in the 
November 2016 LED TP. Thus, DOE is amending section 4.4.4 of appendix 
BB to subpart B of 10 CFR part 430 to allow time to failure testing to 
be conducted at an ambient temperature of 25 [deg]C  5 
[deg]C or at a manufacturer-selected temperature higher than 25 [deg]C 
with the same 5 [deg]C tolerance.

C. Test Procedure Costs and Impact

    EPCA requires that test procedures adopted by DOE not be unduly 
burdensome to conduct. In this document, DOE amends the existing test 
procedure for integrated LED lamps by allowing time to failure testing 
to be conducted at temperatures higher than ambient temperature. DOE 
has determined that this amendment would not be unduly burdensome for 
manufacturers to conduct and instead would decrease the test burden for 
many manufacturers that participate in the ENERGY STAR program.
    The existing test procedure for integrated LED lamps, adopted in 
the July 2016 LED TP final rule, included a method to determine 
lifetime in support of Federal Trade Commission (FTC) labeling 
requirements. As such, any integrated LED lamp that makes 
representations of lifetime must use DOE's test procedure to determine 
lifetime. Many manufacturers also participate in the ENERGY STAR 
program and certify models of integrated LED lamps as compliant with 
those voluntary requirements. The ENERGY STAR specification for lamps 
requires that models be tested for lifetime at elevated temperatures 
unless they are labeled (1) ``not for use in totally enclosed 
luminaires'' (or equivalent statement), and (2) ``not for use in 
recessed luminaires'' (or equivalent statement) on the lamp and lamp 
packaging.\7\ There are 8,051 distinct models of LED lamps certified 
through the ENERGY STAR program. Of these, there are 1,816 models of 
LED lamps certified as meeting the criteria to be tested at ambient 
temperature. That means the remaining 6,235 models of LED lamps that 
are certified in ENERGY STAR must be tested at elevated temperatures.
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    \7\ ENERGY STAR's Specification for Lamps V2.1 is available 
here: https://www.energystar.gov/sites/default/files/ENERGY%20STAR%20Lamps%20V2.1%20Final%20Specification_1.pdf.
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    As described in section III.B, DOE is amending the test procedure 
for integrated LED lamps to allow time to failure testing to be 
conducted at either ambient temperature or at a manufacturer-selected 
temperature higher than ambient temperature. The amendment does not 
require any integrated LED lamp model to be retested. Currently under 
the DOE requirements, representations of lifetime require the use of 
test values obtained at ambient temperature, which will still be 
permitted under the amendment adopted in this final rule. However, this 
amendment can reduce burden for manufacturers who also certify models 
in the ENERGY STAR program in categories that require the testing of 
lifetime to be at elevated temperatures. Rather than conduct two 
separate tests for lifetime--one at ambient temperature per DOE's test 
procedure and one at elevated temperature per ENERGY STAR's test 
procedure--they can now conduct only one test at elevated temperature 
and use the test data to satisfy the requirements of both the mandatory 
Federal regulatory program and the voluntary ENERGY STAR program.
    Because the market for integrated LED lamps is rapidly changing, 
DOE estimates, using information from lamp manufacturer interviews, 
that basic models of LED lamps are distributed in commerce for about 
two years before new models are introduced to take their place. While 
manufacturers must submit a report annually to certify a basic model's 
representation of lifetime, basic models do not need to be retested 
annually, unless required to support certification of a new, more 
efficient rating.\8\ Because of the short time that

[[Page 47810]]

basic models of LED lamps are distributed in commerce, DOE has 
determined that represented values for LED lamps are not revised during 
the two years they are distributed. Thus, DOE concludes that lifetime 
testing is conducted every two years for the number of basic models on 
the market, or every year for half the number of models on the market. 
In the July 2016 LED TP final rule, DOE estimated the cost of a 
lifetime test at a third-party lab to be $7,880 per basic model. 81 FR 
43404, 43422 (July 1, 2016). If all of the 6,235 models of integrated 
LED lamps certified in ENERGY STAR that require testing at elevated 
temperatures were to conduct only one lifetime test instead of two, DOE 
estimates that the net present value (NPV) of savings would be up to 
$754 million at a 3 percent discount rate or up to $311 million at a 7 
percent discount rate.
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    \8\ See guidance issued by DOE at https://www.regulations.gov/document?D=EERE-2016-BT-TP-0037-0004.

                               Table III.1--Integrated LED Lamp Costs or (Savings)
----------------------------------------------------------------------------------------------------------------
                                                                                                    Costs or
                                                                                  Costs or          (savings)
                                                                                  (savings)        (millions)
----------------------------------------------------------------------------------------------------------------
One Time Costs or (Savings).................................................                $0             $0.00
Annual Costs or (Savings)...................................................      (23,321,650)           (23.32)
NPV at 3%...................................................................     (754,745,955)          (754.75)
NPV at 7%...................................................................     (311,370,494)          (311.37)
Annualized Costs or (Savings) at 3%.........................................      (22,642,379)           (22.64)
Annualized Costs or (Savings) at 7%.........................................      (21,795,935)           (21.80)
----------------------------------------------------------------------------------------------------------------

D. Effective and Compliance Dates

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 180 days after publication of the final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) EPCA provides an allowance for 
individual manufacturers to petition DOE for an extension beyond the 
180-day statutory period if the manufacturer may experience undue 
hardship in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive 
such an extension, petitions must be filed with DOE no later than 60 
days before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
test procedure rulemaking is not a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866, Regulatory Planning and 
Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not 
subject to review under the Executive Order by the Office of 
Information and Regulatory Affairs (OIRA) in the OMB.

B. Review Under Executive Order 13771

    On January 30, 2017, the President issued Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' The Executive 
Order stated the policy of the executive branch is to be prudent and 
financially responsible in the expenditure of funds, from both public 
and private sources. The Order stated that it is essential to manage 
the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations. Consistent 
with Executive Order 13771, this final rule is estimated to result in 
cost savings. Assuming a 7 percent discount rate, the final rule yields 
annualized cost savings of approximately $22.96 million (2016$). 
Therefore, this rule is an Executive Order 13771 deregulatory action.

C. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule for public comment, 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 certified in the November 2016 LED TP NOPR 
that the adopted test procedure amendment will not have a significant 
economic impact on a substantial number of small entities, and the 
preparation of a FRFA is not warranted. The factual basis for this 
certification is discussed in the following paragraphs.
    The Small Business Administration (SBA) considers a business entity 
to be a small business, if, together with its affiliates, it employs 
less than a threshold number of workers specified in 13 CFR part 121. 
These size standards and codes are established by the North American 
Industry Classification System (NAICS). Manufacturing of LED lamps is 
classified under NAICS 335110, ``Electric Lamp Bulb and Part 
Manufacturing.'' The SBA sets a threshold of 1,250 employees or less 
for an entity to be considered as a small business for this category.
    To estimate the number of companies that could be small businesses 
that sell LED lamps covered by this rulemaking, DOE conducted a market 
survey using publicly available information. DOE's research involved 
information from the Environmental Protection Agency's ENERGY STAR 
Certified Light Bulbs Database,\9\ previous rulemakings, individual 
company websites, SBA's database, and market research tools (e.g., 
Hoover's \10\ reports). DOE screened out companies that did not meet 
the definition of a ``small business'' or are completely foreign owned 
and operated. DOE identified approximately seven small businesses that 
maintain domestic production facilities for the integrated LED lamps 
covered by this rulemaking.
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    \9\ ENERGY STAR Certified Light Bulbs Database, https://www.energystar.gov/productfinder/product/certified-light-bulbs/results (last accessed April 2, 2018).
    \10\ http://hoovers.com/.
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    DOE notes that this final rule merely amends the existing LED test 
procedure in a way that will reduce test burden on manufacturers by 
providing the option of testing at elevated temperatures. The

[[Page 47811]]

adopted amendment will reduce the instances in which two tests for 
lifetime must be conducted for the same lamp. In addition, the 
amendment is supported by industry, including NEMA. Manufacturers that 
seek to test time to failure at elevated temperatures under the 
amendment are likely to have previously accounted for testing costs 
associated with the ENERGY STAR program as these measurements are 
required to be reported to ENERGY STAR if manufacturers certify the 
lamps as meeting the program requirements. For manufacturers who do not 
test products at elevated temperatures, this amendment presents no 
additional burden.
    Based on the criteria outlined earlier and the reasons discussed in 
this section, DOE previously certified in the November 2016 LED TP NOPR 
that the amendment adopted in this final rule will not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this certification has not changed.

D. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of LED lamps must certify to DOE that their products 
comply with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including LED lamps. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (PRA). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor must any person be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

E. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE amends its test procedure for LED lamps. 
DOE has determined that this rule falls into a class of actions that 
are categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, this final rule amends 
the existing test procedure for integrated LED lamps without affecting 
the amount, quality or distribution of energy usage, and, therefore, 
will not result in any environmental impacts. Thus, this rulemaking is 
covered by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, 
which applies to any rulemaking that interprets or amends an existing 
rule without changing the environmental effect of that rule. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

F. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on 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 
final rule and has determined that it will 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(d)) 
No further action is required by Executive Order 13132.

G. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), 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. 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 
sections 3(a) and 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.

H. 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 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting 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 proposed ``significant 
intergovernmental mandate,'' and requires an agency plan

[[Page 47812]]

for giving notice and opportunity for timely input to potentially 
affected small governments before establishing any requirements that 
might significantly or uniquely affect small governments. On March 18, 
1997, DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

I. 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 final 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.

J. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

K. Review Under 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 agencies to review most 
disseminations of information to the public under 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.

L. 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 OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated 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 if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action to amend the test procedure for measuring 
the lumen maintenance and time to failure of LED lamps is not a 
significant regulatory action under Executive Order 12866. Moreover, it 
will not have a significant adverse effect on the supply, distribution, 
or use of energy, nor has it been designated as a significant energy 
action by the Administrator of OIRA. Therefore, it is not a significant 
energy action, and, accordingly, DOE has not prepared a Statement of 
Energy Effects.

M. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the FTC concerning the impact 
of the commercial or industry standards on competition.
    The amendment to the test procedures for LED lamps adopted in this 
final rule does not incorporate any new standards that would require 
compliance under section 32(b) of the FEAA.

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before 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).

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, September 14, 2018.
Cathy Tripodi,
Acting Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends part 430 of 
Chapter II of Title 10, 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.


0
2. Appendix BB to subpart B of part 430 is amended by revising the 
introductory note and second sentence of section 4.4.4 to read as 
follows:

Appendix BB to Subpart B of Part 430--Uniform Test Method for Measuring 
the Input Power, Lumen Output, Lamp Efficacy, Correlated Color 
Temperature (CCT), Color Rendering Index (CRI), Power Factor, Time to 
Failure, and Standby Mode Power of Integrated Light-Emitting Diode 
(LED) Lamps

    Note: On or after March 20, 2019, any representations made with 
respect to the energy use or efficiency of integrated light-emitting 
diode lamps must be made in accordance with the results of testing 
pursuant to this appendix.

* * * * *

4. Active Mode Test Method to Measure Time to Failure

* * * * *

4.4. Operating Conditions and Setup Between Lumen Output 
Measurements

* * * * *
    4.4.4. * * * Maintain the ambient temperature at 25 [deg]C 
 5 [deg]C or at a

[[Page 47813]]

manufacturer-selected temperature higher than 25 [deg]C with the 
same 5 [deg]C tolerance.
* * * * *
[FR Doc. 2018-20599 Filed 9-20-18; 8:45 am]
 BILLING CODE 6450-01-P



                                             47806            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                             imports. At the September meeting, an                   regulations. This suggests that even with              marketing agreements and orders may
                                             economic adjustment of 33 million                       established restrictions, unrestricted                 be viewed at: http://www.ams.usda.gov/
                                             pounds was recommended in the OSF.                      fruit is available to meet domestic                    rules-regulations/moa/small-businesses.
                                             This adjustment was based, in part, on                  demand.                                                Any questions about the compliance
                                             providing additional fruit for new and                     Both commenters expressed concern                   guide should be sent to Richard Lower
                                             expanded markets, including those                       that restricted reserve tart cherry                    at the previously mentioned address in
                                             previously served by imported product,                  product is being held in inventory                     the FOR FURTHER INFORMATION CONTACT
                                             and the expectation of increased sales as               beyond Order requirements. Under the                   section.
                                             a result of a smaller than normal tart                  Order, any product placed by the                          After consideration of all relevant
                                             cherry crop in Europe this season.                      handler in the inventory reserve must                  matter presented, including the
                                                Further, given the rapid increase in                 have been produced in either the                       information and recommendation
                                             the imported volume of tart cherry juice,               current or the preceding two crop years.               submitted by the Board and other
                                             the continued level of imported                         Handlers can exchange such reserves                    available information, it is hereby found
                                             product, and the relatively stable level                with more current product as it ages or                that this rule, as hereinafter set forth,
                                             of domestic shipments, the vast majority                divert it to other approved outlets.                   will tend to effectuate the declared
                                             of imported tart cherry products are                    These inventories are reviewed and                     policy of the Act.
                                             going to new markets not previously                     monitored for compliance.
                                             served by the domestic industry. While                     One of the commenters also                          List of Subjects in 7 CFR Part 930
                                             there may be some common markets,                       questioned the statement in the RFA                      Marketing agreements, Reporting and
                                             these new markets serviced by imported                  that the tart cherry market is inelastic,              recordkeeping requirements, Tart
                                             product far exceed the estimated 78                     stating that it is not true for all products,          cherries.
                                             million pounds of tart cherries restricted              particularly juice, and that markets                     For the reasons set forth in the
                                             by this regulation.                                     should be looked at on a product by                    preamble, 7 CFR part 930 is amended as
                                                Should domestic handlers decide to                   product basis. While pricing may vary                  follows:
                                             compete in these new markets, in most                   in the sales of various processed
                                             cases, restricted cherries could be used,               products, the Order, and this regulation               PART 930—TART CHERRIES GROWN
                                             and the handler could receive diversion                 apply to the entire domestic tart cherry               IN THE STATES OF MICHIGAN, NEW
                                             credits under the diversion provisions                  market. Grower prices remain very                      YORK, PENNSYLVANIA, OREGON,
                                             of the Order. In addition, USDA is                      sensitive to changes in supply while                   UTAH, WASHINGTON, AND
                                             reviewing extending the maximum                         demand remains relatively stable from                  WISCONSIN
                                             length of these activities from three                   year to year. This inelastic nature was
                                             years to five years, and expediting the                 demonstrated by the sharp jump in                      ■ 1. The authority citation for 7 CFR
                                             approval process for some projects, thus                average grower price in 2012 to $0.549                 part 930 continues to read as follows:
                                             creating even more opportunities to                     per pound with the substantial decrease                    Authority: 7 U.S.C. 601–674.
                                             pursue new markets. These changes                       in domestic supply and a $0.07 per                     ■   2. Revise § 930.256 to read as follows:
                                             should benefit the industry by creating                 pound drop in the grower price from
                                             new markets for domestic production,                    2015 to 2016 when there was above-                     § 930.256 Free and restricted percentages
                                             but also by utilizing restricted fruit as a             average supply.                                        for the 2017–18 crop year.
                                             tool to build additional markets rather                    Finally, both commenters mentioned                    The percentages for tart cherries
                                             than additional reserves. Consequently,                 the decision in Burnette Foods, Inc. v.                handled by handlers during the crop
                                             handlers have ample opportunity to                      USDA,1 and the trial court’s conclusion                year beginning on July 1, 2017, which
                                             compete for new markets using                           regarding the Board’s composition in                   shall be free and restricted, respectively,
                                             restricted cherries while continuing to                 light of 7 CFR 930.20(g), both of which                are designated as follows: Free
                                             service traditional markets with free                   are being considered on appeal. One of                 percentage, 69 percent and restricted
                                             cherries. Should industry efforts cause                 the commenters stated that in light of                 percentage, 31 percent.
                                             demand to exceed available volume,                      the district court’s decision, the
                                             USDA could release an additional                                                                                 Dated: September 18, 2018.
                                                                                                     recommendation of the Board should
                                             volume.                                                                                                        Erin Morris,
                                                                                                     not stand. However, as stated in the
                                                Steps have also been taken in this and               proposed rule and in this action, the                  Associate Administrator, Agricultural
                                             previous seasons to put additional fruit                                                                       Marketing Service.
                                                                                                     Secretary reached the decision
                                             on the market through increased carry-                  contained in this final rule and has                   [FR Doc. 2018–20583 Filed 9–20–18; 8:45 am]
                                             out and economic adjustments, and                       designated these free and restricted                   BILLING CODE 3410–02–P
                                             domestic sales have shown modest                        percentages based on his own
                                             growth. The final percentages                           independent evaluation of the
                                             calculation for this season includes an                 recommendation and supporting                          DEPARTMENT OF ENERGY
                                             economic adjustment of 33 million                       information supplied by the Board.
                                             pounds and a market growth factor of                    Therefore, this rulemaking is an action                10 CFR Part 430
                                             20.5 million pounds for an additional                   taken on behalf of the USDA.2                          [EERE–2016–BT–TP–0037]
                                             53.5 million pounds beyond the average                     Additional concerns raised in the
                                             sales. Moreover, the industry reported a                                                                       RIN 1904–AD74
                                                                                                     comments pertained to issues not
                                             remaining free carry-in inventory of                    applicable to the proposed rule.
                                             over 110.5 million pounds for the 2017–                                                                        Energy Conservation Program: Test
                                                                                                        Accordingly, no changes will be made                Procedures for Integrated Light-
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                                             18 crop year, nearly 54 million pounds                  to the rule as proposed, based on the
                                             more than the recommend desired                                                                                Emitting Diode Lamps
                                                                                                     comments received.
                                             carry-out from 2016–17.                                    A small business guide on complying                 AGENCY:  Office of Energy Efficiency and
                                                Further, carry-in for the following                  with fruit, vegetable, and specialty crop              Renewable Energy, Department of
                                             season has exceeded the recommended                                                                            Energy.
                                             carry-out for the previous season for                     1 No.   16–cv–21 (W.D. Mich.).
                                                                                                                                                            ACTION: Final rule.
                                             each of the previous three volume                         2 See   7 CFR 930.51(a).



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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                     47807

                                             SUMMARY:   On July 1, 2016, the U.S.                      E. Review Under the National                        labeling, and standards. (See 42 U.S.C.
                                             Department of Energy (DOE) published                         Environmental Policy Act of 1969                 6297) DOE may, however, grant waivers
                                             a final rule adopting a test procedure for                F. Review Under Executive Order 13132               of Federal preemption for particular
                                                                                                       G. Review Under Executive Order 12988
                                             integrated light-emitting diode (LED)                                                                         State laws or regulations, in accordance
                                                                                                       H. Review Under the Unfunded Mandates
                                             lamps (hereafter referred to as ‘‘LED                        Reform Act of 1995                               with the procedures and other
                                             lamps’’) to support the implementation                    I. Review Under the Treasury and General            provisions of EPCA. (42 U.S.C. 6297(d)
                                             of labeling provisions by the Federal                        Government Appropriations Act, 1999                 Under 42 U.S.C. 6293, EPCA sets forth
                                             Trade Commission, as well as the                          J. Review Under Executive Order 12630               the criteria and procedures DOE must
                                             general service lamps rulemaking,                         K. Review Under Treasury and General                follow when prescribing or amending
                                             which includes LED lamps. This final                         Government Appropriations Act, 2001              test procedures for covered products.
                                             rule amends the LED lamps test                            L. Review Under Executive Order 13211
                                                                                                                                                           EPCA provides, in relevant part, that
                                             procedure by allowing for time to failure                 M. Review Under Section 32 of the Federal
                                                                                                          Energy Administration Act of 1974                any test procedures prescribed or
                                             measurements to be taken at elevated                                                                          amended under this section shall be
                                                                                                       N. Congressional Notification
                                             temperatures consistent with the                        V. Approval of the Office of the Secretary            reasonably designed to produce test
                                             ENERGY STAR program requirements.                                                                             results which measure energy
                                             DATES: The effective date of this rule is               I. Authority and Background                           efficiency, energy use or estimated
                                             October 22, 2018.                                          Title III of the Energy Policy and                 annual operating cost of a covered
                                             ADDRESSES: The docket, which includes                   Conservation Act of 1975 (42 U.S.C.                   product during a representative average
                                             Federal Register notices, comments,                     6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’),              use cycle or period of use and shall not
                                             and other supporting documents/                         among other things, authorizes DOE to                 be unduly burdensome to conduct. (42
                                             materials, is available for review at                   regulate the energy efficiency of a                   U.S.C. 6293(b)(3))
                                             www.regulations.gov. All documents in                   number of consumer products and                          In addition, if DOE determines that a
                                             the docket are listed in the                            industrial equipment.1 Title III, Part B 2            test procedure amendment is warranted,
                                             www.regulations.gov index. However,                     of EPCA established the Energy                        it must publish a proposed test
                                             some documents listed in the index,                     Conservation Program for Consumer                     procedure and offer the public an
                                             such as those containing information                    Products Other Than Automobiles,                      opportunity to present oral and written
                                             that is exempt from public disclosure,                  which sets forth a variety of provisions              comments on it. (42 U.S.C. 6293(b)(2))
                                             may not be publicly available.                          designed to improve energy efficiency.                EPCA also requires that, at least once
                                                A link to the docket web page can be                 These consumer products include                       every 7 years, DOE review test
                                             found at https://www1.eere.energy.gov/                  integrated light-emitting diode (LED)                 procedures for each type of covered
                                             buildings/appliance_standards/                          lamps, the subject of this document.                  product, including integrated LED
                                             standards.aspx?productid=19. The                           Under EPCA, the energy conservation                lamps, to determine whether amended
                                             docket web page contains simple                         program consists essentially of four                  test procedures would more accurately
                                             instructions on how to access all                       parts: (1) Testing, (2) labeling, (3)                 or fully comply with the requirements
                                             documents, including public comments,                   Federal energy conservation standards,                for the test procedures to not be unduly
                                             in the docket.                                          and (4) certification and enforcement                 burdensome to conduct and be
                                             FOR FURTHER INFORMATION CONTACT: Ms.                    procedures. Relevant provisions of the                reasonably designed to produce test
                                             Lucy deButts, U.S. Department of                        Act include definitions (42 U.S.C. 6291),             results that reflect energy efficiency,
                                             Energy, Office of Energy Efficiency and                 energy conservation standards (42                     energy use, and estimated operating
                                             Renewable Energy, Building                              U.S.C. 6295), test procedures (42 U.S.C.              costs during a representative average
                                             Technologies Office, EE–2J, 1000                        6293), labeling provisions (42 U.S.C.                 use cycle or period of use. (42 U.S.C.
                                             Independence Avenue SW, Washington,                     6294), and the authority to require                   6293(b)(1)(A)) If the Secretary
                                             DC 20585–0121. Telephone: (202) 287–                    information and reports from                          determines, on his own behalf or in
                                             1604. Email:                                            manufacturers (42 U.S.C. 6296). The                   response to a petition by any interested
                                             ApplianceStandardsQuestions@                            testing requirements consist of test                  person, that a test procedure should be
                                             ee.doe.gov.                                             procedures that manufacturers of                      prescribed or amended, the Secretary
                                                Ms. Celia Sher, U.S. Department of                   covered products must use as the basis                shall promptly publish in the Federal
                                             Energy, Office of the General Counsel,                  for (1) certifying to DOE that their                  Register proposed test procedures and
                                             GC–33, 1000 Independence Avenue SW,                     products comply with the applicable                   afford interested persons an opportunity
                                             Washington, DC 20585–0121.                              energy conservation standards adopted                 to present oral and written data, views,
                                             Telephone: (202) 287–6122. Email:                       under EPCA (42 U.S.C. 6295(s)), and (2)               and arguments with respect to such
                                             Celia.Sher@hq.doe.gov.                                  making representations about the energy               procedures. The comment period on a
                                             SUPPLEMENTARY INFORMATION:                              use or efficiency of those products (42               proposed rule to amend a test procedure
                                                                                                     U.S.C. 6293(c)). Similarly, DOE must                  shall be at least 60 days and may not
                                             Table of Contents
                                                                                                     use these test procedures to determine                exceed 270 days. In prescribing or
                                             I. Authority and Background                             whether the products comply with any                  amending a test procedure, the
                                             II. Synopsis of the Final Rule                          relevant standards promulgated under
                                             III. Discussion
                                                                                                                                                           Secretary shall take into account such
                                                                                                     EPCA. (42 U.S.C. 6295(s))                             information as the Secretary determines
                                                A. Scope of Applicability
                                                                                                        Federal energy efficiency                          relevant to such procedure, including
                                                B. Amended Approach for Determining
                                                   Lifetime                                          requirements for covered products                     technological developments relating to
                                                C. Test Procedure Costs and Impact                   established under EPCA generally                      energy use or energy efficiency of the
                                                D. Effective and Compliance Dates                    supersede State laws and regulations                  type (or class) of covered products
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                                             IV. Procedural Issues and Regulatory Review             concerning energy conservation testing,               involved. (42 U.S.C. 6293(b)(2)) If DOE
                                                A. Review Under Executive Order 12866                                                                      determines that test procedure revisions
                                                B. Review Under Executive Order 13771                  1 All references to EPCA refer to the statute as
                                                C. Review Under the Regulatory Flexibility                                                                 are not appropriate, DOE must publish
                                                                                                     amended through the EPS Improvement Act of
                                                   Act                                               2017, Public Law 115–115 (January 12, 2018).          notice in the Federal Register of its
                                                D. Review Under the Paperwork Reduction                2 For editorial reasons, upon codification in the   determination not to amend the test
                                                   Act of 1995                                       U.S. Code, Part B was redesignated Part A.            procedure. (42 U.S.C. 6293(b)(1)(A))


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                                             47808            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                                DOE published a final rule in the                    integrated LED lamp, which was based                  the July 2016 LED TP final rule requires
                                             Federal Register on July 1, 2016                        on the term as defined by ANSI/IES 4                  that the projection calculation be
                                             (hereafter the ‘‘July 2016 LED TP final                 RP–16–2010, ‘‘Nomenclature and                        completed for each individual LED
                                             rule’’), which adopted test procedures                  Definitions for Illuminating                          lamp and the projected time to failure
                                             for integrated LED lamps in appendix                    Engineering,’’ and adopted as follows:                values then be used to calculate the
                                             BB to subpart B of 10 CFR part 430 to                     Integrated light-emitting diode lamp                lifetime of the sample using the
                                             support the implementation of labeling                  means an integrated LED lamp as                       prescribed methods. 81 FR 43414. The
                                             provisions by the Federal Trade                         defined in ANSI/IES RP–16.                            lumen maintenance measurements used
                                             Commission, as well as the general                        The ANSI/IES standard defines an                    in the projection are specified to be
                                             service lamps rulemaking, a category of                 integrated LED lamp as an integrated                  taken at an ambient temperature of 25
                                             lamps that includes LED lamps. 81 FR                    assembly that comprises LED packages                  °C ± 5 °C.
                                             43403. On November 4, 2016, DOE                         (components) or LED arrays (modules)                     After the publication of the July 2016
                                             published a notice of proposed                          (collectively referred to as an LED                   LED TP final rule, the National
                                             rulemaking (NOPR) (hereafter the                        source), an LED driver, an ANSI                       Electrical Manufacturers Association
                                             ‘‘November 2016 LED TP NOPR’’) in the                   standard base, and other optical,                     (NEMA) requested that DOE approve the
                                             Federal Register proposing an                           thermal, mechanical and electrical                    use of test results from the Elevated
                                             amendment to the integrated LED lamp                    components (such as phosphor layers,                  Temperature Life Test 5 contained in the
                                             test procedures to allow for time to                    insulating materials, fasteners to hold               ENERGY STAR Program Requirements
                                             failure measurements to be taken at                     components within the lamp together,                  Product Specification for Lamps (Light
                                             elevated temperatures. 81 FR 76877. In                  and electrical wiring). The LED lamp is               Bulbs) Eligibility Criteria Version 2.0
                                             this final rule, DOE adopts that                        intended to connect directly to a branch              (hereafter ‘‘ENERGY STAR Lamps
                                             amendment and responds to comments                      circuit through a corresponding ANSI                  Specification V2.0’’) 6 in place of the test
                                             received on the November 2016 LED TP                    standard socket. 81 FR 43405.                         method for measuring lumen
                                             NOPR.                                                   B. Amended Approach for Determining                   maintenance and time to failure in
                                                                                                     Lifetime                                              DOE’s LED lamps test procedure
                                             II. Synopsis of the Final Rule                                                                                because it would reduce test burden.
                                                Based on stakeholder feedback since                     In the July 2016 LED TP final rule,                NEMA asserted that because the test
                                             the publication of the July 2016 LED TP                 DOE adopted test procedures, located in               conditions from the Elevated
                                             final rule, DOE proposed in the                         appendix BB to subpart B of 10 CFR part               Temperature Life Test are more
                                             November 2016 LED TP NOPR to allow                      430, for measuring and projecting time                stringent, the test results, if different,
                                             time to failure measurements collected                  to failure of LED lamps based on lumen                would be more conservative than if the
                                             for DOE’s LED lamps test procedure to                   maintenance data. The adopted test                    lamps were tested according to the
                                             be taken at elevated temperatures. In                   procedures were largely based on the                  current DOE LED lamps test procedure.
                                             this final rule, DOE amends the test                    industry standards IES LM–84–14,                      81 FR 76878–76879 (November 4, 2016).
                                             procedure for integrated LED lamps as                   ‘‘Approved Method: Measuring                          In response to this request, DOE
                                             proposed in the NOPR without any                        Luminous Flux and Color Maintenance                   proposed in the November 2016 LED TP
                                             further modification.                                   of LED Lamps, Light Engines, and                      NOPR to amend the integrated LED
                                                The effective date for the amended                   Luminaires,’’ and IES TM–28–14,                       lamps test procedure to allow for time
                                             test procedures adopted in this final                   ‘‘Projecting Long-Term Luminous Flux                  to failure testing to be conducted at
                                             rule will be 30 days after publication of               Maintenance of LED Lamps and                          elevated temperatures.
                                             this document in the Federal Register.                  Luminaires,’’ for the applicable lumen                   As noted in the November 2016 LED
                                             Representations of energy use or energy                 maintenance measurements and time to                  TP NOPR, DOE compared the current
                                             efficiency must be based on testing in                  failure projection methods, with some                 DOE LED lamps test procedure and the
                                             accordance with the amended test                        modifications. 81 FR 43427–43428 (July                methods contained in the ENERGY
                                             procedures beginning 180 days after the                 1, 2016). IES LM–84–14 provides a                     STAR Elevated Temperature Life Test
                                             publication of this final rule. DOE notes               method for lumen maintenance                          and determined that the operating
                                             that the amended test procedure allows                  measurement of integrated LED lamps                   temperature test conditions specified in
                                             measurements to be taken at elevated                    and specifies the operational and                     the ENERGY STAR Elevated
                                             temperatures but does not require it.                   environmental conditions during testing               Temperature Life Test will more
                                                                                                     such as operating cycle, ambient                      negatively affect performance values
                                             III. Discussion                                         temperature, airflow, and orientation.                than those prescribed in DOE’s LED
                                             A. Scope of Applicability                               Lumen maintenance is the measure of                   lamps test procedure since the Elevated
                                                                                                     lumen output after an elapsed operating               Temperature Life Test requires testing of
                                               EPCA defines an LED as a p-n                          time, expressed as a percentage of the
                                             junction 3 solid-state device, the                                                                            LED lamps at higher ambient
                                                                                                     initial lumen output. IES TM–28–14                    temperatures. Specifically, the Elevated
                                             radiated output of which, either in the                 provides methods for projecting the
                                             infrared region, visible region, or                                                                           Temperature Life Test requires
                                                                                                     lumen maintenance of integrated LED                   directional lamps with rated wattages
                                             ultraviolet region, is a function of the                lamps depending on the available data
                                             physical construction, material used,                                                                         less than or equal to 20 W to be tested
                                                                                                     and test duration. The provided                       at 45 °C ± 5 °C; directional lamps with
                                             and exciting current of the device. (42                 methods include projecting time to
                                             U.S.C. 6291(30)(CC)) In the July 2016                                                                         rated wattages greater than 20 W to be
                                                                                                     failure using multiple lumen
                                             LED TP final rule, DOE stated that the                  maintenance measurements collected                      5 The ENERGY STAR Elevated Temperature Life
                                             rulemaking applied to LED lamps that
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                                                                                                     over a period of time, rather than a                  Test Method can be found at https://www.
                                             met DOE’s adopted definition of an                      single measurement at the end of the                  energystar.gov/sites/default/files/ENERGY%20
                                                                                                                                                           STAR%20Elevated%20Temperature%20
                                               3 P-n junction is the boundary between p-type
                                                                                                     test duration. 81 FR 43409 (July 1,                   Life%20Test%20Method.pdf.
                                             and n-type material in a semiconductor device,          2016). DOE’s test procedure adopted in                  6 ‘‘ENERGY STAR Program Requirements:

                                             such as LEDs. P-n junctions are diodes, active sites                                                          Product Specification for Lamps (Light Bulbs)
                                             where current can flow readily in one direction but        4 American National Standards Institute/           Version 2.0.’’ U.S. Environmental Protection
                                             not in the other direction.                             Illuminating Engineering Society of North America     Agency, February 2016.



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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                                47809

                                             tested at 55 °C ± 5 °C; and all other                   higher temperatures. DOE tentatively                  lifetime at elevated temperatures unless
                                             omnidirectional and decorative lamps to                 concluded that this proposed change                   they are labeled (1) ‘‘not for use in
                                             be tested at 45 °C ± 5 °C. DOE’s test                   would result in, if any difference, more              totally enclosed luminaires’’ (or
                                             procedure requires operating                            conservative representations of lifetime.             equivalent statement), and (2) ‘‘not for
                                             temperature to be maintained at 25 °C                   Id.                                                   use in recessed luminaires’’ (or
                                             ± 5 °C. 81 FR at 76879 (November 4,                        DOE received only one stakeholder                  equivalent statement) on the lamp and
                                             2016).                                                  comment pertaining to LED lamps and                   lamp packaging.7 There are 8,051
                                                In addition to a difference in ambient               the proposed test procedure                           distinct models of LED lamps certified
                                             temperature during lumen maintenance                    amendment. Intertek commented that                    through the ENERGY STAR program. Of
                                             testing, DOE noted in the November                      they support the proposed amendment                   these, there are 1,816 models of LED
                                             2016 LED TP NOPR that ENERGY                            to the test procedure and added that                  lamps certified as meeting the criteria to
                                             STAR’s and DOE’s test procedures also                   testing at elevated temperature is more               be tested at ambient temperature. That
                                             differ in how to determine the value of                 stringent than at normal ambient                      means the remaining 6,235 models of
                                             lifetime. ENERGY STAR’s test                            temperatures (i.e., 25 °C). Intertek                  LED lamps that are certified in ENERGY
                                             procedure provides a method to confirm                  concluded that laboratory tests have                  STAR must be tested at elevated
                                             a manufacturer-declared lifetime value.                 confirmed this assessment and noted                   temperatures.
                                             It requires manufacturers to meet or                    that elevated temperatures stress each of                As described in section III.B, DOE is
                                             exceed minimum lumen maintenance                        the lamp components in conditions that                amending the test procedure for
                                             values at a specific test duration to be                more accurately reflect the end-use                   integrated LED lamps to allow time to
                                             able to claim a certain maximum                         environments of lamps intended for use                failure testing to be conducted at either
                                             lifetime. For example, for a lamp to be                 in enclosed or recessed fixtures.                     ambient temperature or at a
                                             certified with a lifetime of 25,000 hours,              (Intertek, No. 2 at p. 1) DOE appreciates             manufacturer-selected temperature
                                             that lamp must achieve a minimum                        the feedback confirming that testing at               higher than ambient temperature. The
                                             lumen maintenance of 91.8 percent after                 elevated temperatures results in more                 amendment does not require any
                                             6,000 hours of operation. DOE’s test                    conservative estimates for lamp lifetime.             integrated LED lamp model to be
                                             procedure for determining lifetime                      DOE did not receive any other                         retested. Currently under the DOE
                                             depends on the time to failure of                       comments. Therefore, DOE is adopting                  requirements, representations of lifetime
                                             individual units, which is determined                   the amendment to the integrated LED                   require the use of test values obtained
                                             by taking lumen maintenance                             lamps test procedure as proposed in the               at ambient temperature, which will still
                                             measurements at multiple intervals and                  November 2016 LED TP. Thus, DOE is
                                                                                                                                                           be permitted under the amendment
                                             then calculating the time to failure. For               amending section 4.4.4 of appendix BB
                                                                                                                                                           adopted in this final rule. However, this
                                             example, after 6,000 hours of testing,                  to subpart B of 10 CFR part 430 to allow
                                                                                                                                                           amendment can reduce burden for
                                             manufacturers can use the specified                     time to failure testing to be conducted
                                                                                                                                                           manufacturers who also certify models
                                             method to project a lamp’s time to                      at an ambient temperature of 25 °C ± 5
                                                                                                                                                           in the ENERGY STAR program in
                                             failure value to be up to 36,000 hours.                 °C or at a manufacturer-selected
                                                                                                                                                           categories that require the testing of
                                             Lifetime is then determined by                          temperature higher than 25 °C with the
                                                                                                                                                           lifetime to be at elevated temperatures.
                                             calculating the median time to failure of               same ±5 °C tolerance.
                                                                                                                                                           Rather than conduct two separate tests
                                             the sample (calculated as the arithmetic
                                                                                                     C. Test Procedure Costs and Impact                    for lifetime—one at ambient
                                             mean of the time to failure of the two
                                             middle sample units when the numbers                       EPCA requires that test procedures                 temperature per DOE’s test procedure
                                             are sorted in value order). This is                     adopted by DOE not be unduly                          and one at elevated temperature per
                                             consistent with the statutory definition                burdensome to conduct. In this                        ENERGY STAR’s test procedure—they
                                             of lifetime, which is described as the                  document, DOE amends the existing test                can now conduct only one test at
                                             length of operating time of a statistically             procedure for integrated LED lamps by                 elevated temperature and use the test
                                             large group of lamps between first use                  allowing time to failure testing to be                data to satisfy the requirements of both
                                             and failure of 50 percent of the group.                 conducted at temperatures higher than                 the mandatory Federal regulatory
                                             42 U.S.C. 6291(30)(P).                                  ambient temperature. DOE has                          program and the voluntary ENERGY
                                                To maintain consistency with the                     determined that this amendment would                  STAR program.
                                             statutory definition of lifetime, in the                not be unduly burdensome for                             Because the market for integrated LED
                                             November 2016 LED TP NOPR, DOE did                      manufacturers to conduct and instead                  lamps is rapidly changing, DOE
                                             not propose to allow for an entire                      would decrease the test burden for                    estimates, using information from lamp
                                             substitution of the ENERGY STAR                         many manufacturers that participate in                manufacturer interviews, that basic
                                             lifetime test procedure in place of DOE’s               the ENERGY STAR program.                              models of LED lamps are distributed in
                                             time to failure measurements. Instead,                     The existing test procedure for                    commerce for about two years before
                                             DOE proposed to amend section 4.4.4 of                  integrated LED lamps, adopted in the                  new models are introduced to take their
                                             appendix BB to allow time to failure                    July 2016 LED TP final rule, included a               place. While manufacturers must submit
                                             testing to be conducted at elevated                     method to determine lifetime in support               a report annually to certify a basic
                                             temperatures above the current                          of Federal Trade Commission (FTC)                     model’s representation of lifetime, basic
                                             requirement, which stipulates to                        labeling requirements. As such, any                   models do not need to be retested
                                             maintain ambient operating temperature                  integrated LED lamp that makes                        annually, unless required to support
                                             at 25 °C ± 5 °C. Manufacturers would                    representations of lifetime must use                  certification of a new, more efficient
                                             then have the flexibility to conduct the                DOE’s test procedure to determine                     rating.8 Because of the short time that
                                                                                                     lifetime. Many manufacturers also
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                                             Elevated Temperature Life Test for
                                             ENERGY STAR, while also following                       participate in the ENERGY STAR                           7 ENERGY STAR’s Specification for Lamps V2.1

                                             the calculation method for DOE’s LED                    program and certify models of                         is available here: https://www.energystar.gov/sites/
                                             lamps test procedure, and avoid test                    integrated LED lamps as compliant with                default/files/ENERGY%20STAR%20Lamps%20V2.
                                                                                                                                                           1%20Final%20Specification_1.pdf.
                                             duplication. LED lamps are sensitive to                 those voluntary requirements. The                        8 See guidance issued by DOE at https://
                                             changes in ambient temperature,                         ENERGY STAR specification for lamps                   www.regulations.gov/document?D=EERE-2016-BT-
                                             generally performing less favorably at                  requires that models be tested for                    TP-0037-0004.



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                                             47810                  Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                             basic models of LED lamps are                                             or every year for half the number of                                        testing at elevated temperatures were to
                                             distributed in commerce, DOE has                                          models on the market. In the July 2016                                      conduct only one lifetime test instead of
                                             determined that represented values for                                    LED TP final rule, DOE estimated the                                        two, DOE estimates that the net present
                                             LED lamps are not revised during the                                      cost of a lifetime test at a third-party lab                                value (NPV) of savings would be up to
                                             two years they are distributed. Thus,                                     to be $7,880 per basic model. 81 FR                                         $754 million at a 3 percent discount rate
                                             DOE concludes that lifetime testing is                                    43404, 43422 (July 1, 2016). If all of the                                  or up to $311 million at a 7 percent
                                             conducted every two years for the                                         6,235 models of integrated LED lamps                                        discount rate.
                                             number of basic models on the market,                                     certified in ENERGY STAR that require

                                                                                                      TABLE III.1—INTEGRATED LED LAMP COSTS OR (SAVINGS)
                                                                                                                                                                                                                                         Costs or
                                                                                                                                                                                                                      Costs or           (savings)
                                                                                                                                                                                                                      (savings)          (millions)

                                             One Time Costs or (Savings) ..........................................................................................................................                             $0                $0.00
                                             Annual Costs or (Savings) ...............................................................................................................................                (23,321,650)              (23.32)
                                             NPV at 3% .......................................................................................................................................................       (754,745,955)             (754.75)
                                             NPV at 7% .......................................................................................................................................................       (311,370,494)             (311.37)
                                             Annualized Costs or (Savings) at 3% .............................................................................................................                        (22,642,379)              (22.64)
                                             Annualized Costs or (Savings) at 7% .............................................................................................................                        (21,795,935)              (21.80)



                                             D. Effective and Compliance Dates                                         is to be prudent and financially                                            is not warranted. The factual basis for
                                                The effective date for the adopted test                                responsible in the expenditure of funds,                                    this certification is discussed in the
                                             procedure amendment will be 30 days                                       from both public and private sources.                                       following paragraphs.
                                             after publication of this final rule in the                               The Order stated that it is essential to                                       The Small Business Administration
                                             Federal Register. EPCA prescribes that                                    manage the costs associated with the                                        (SBA) considers a business entity to be
                                             all representations of energy efficiency                                  governmental imposition of private                                          a small business, if, together with its
                                                                                                                       expenditures required to comply with                                        affiliates, it employs less than a
                                             and energy use, including those made
                                                                                                                       Federal regulations. Consistent with                                        threshold number of workers specified
                                             on marketing materials and product
                                                                                                                       Executive Order 13771, this final rule is                                   in 13 CFR part 121. These size standards
                                             labels, must be made in accordance with
                                                                                                                       estimated to result in cost savings.                                        and codes are established by the North
                                             an amended test procedure, beginning
                                                                                                                       Assuming a 7 percent discount rate, the                                     American Industry Classification
                                             180 days after publication of the final
                                                                                                                       final rule yields annualized cost savings                                   System (NAICS). Manufacturing of LED
                                             rule in the Federal Register. (42 U.S.C.
                                                                                                                       of approximately $22.96 million                                             lamps is classified under NAICS
                                             6293(c)(2)) EPCA provides an allowance
                                                                                                                       (2016$). Therefore, this rule is an                                         335110, ‘‘Electric Lamp Bulb and Part
                                             for individual manufacturers to petition
                                                                                                                       Executive Order 13771 deregulatory                                          Manufacturing.’’ The SBA sets a
                                             DOE for an extension beyond the 180-
                                                                                                                       action.                                                                     threshold of 1,250 employees or less for
                                             day statutory period if the manufacturer                                                                                                              an entity to be considered as a small
                                             may experience undue hardship in                                          C. Review Under the Regulatory                                              business for this category.
                                             meeting the deadline. (42 U.S.C.                                          Flexibility Act                                                                To estimate the number of companies
                                             6293(c)(3)) To receive such an                                               The Regulatory Flexibility Act (5                                        that could be small businesses that sell
                                             extension, petitions must be filed with                                   U.S.C. 601 et seq.) requires preparation                                    LED lamps covered by this rulemaking,
                                             DOE no later than 60 days before the                                      of a final regulatory flexibility analysis                                  DOE conducted a market survey using
                                             end of the 180-day period and must                                        (FRFA) for any final rule where the                                         publicly available information. DOE’s
                                             detail how the manufacturer will                                          agency was first required by law to                                         research involved information from the
                                             experience undue hardship. (Id.)                                          publish a proposed rule for public                                          Environmental Protection Agency’s
                                             IV. Procedural Issues and Regulatory                                      comment, unless the agency certifies                                        ENERGY STAR Certified Light Bulbs
                                             Review                                                                    that the rule, if promulgated, will not                                     Database,9 previous rulemakings,
                                                                                                                       have a significant economic impact on                                       individual company websites, SBA’s
                                             A. Review Under Executive Order 12866                                     a substantial number of small entities.                                     database, and market research tools
                                                The Office of Management and Budget                                    As required by Executive Order 13272,                                       (e.g., Hoover’s 10 reports). DOE screened
                                             (OMB) has determined that this test                                       ‘‘Proper Consideration of Small Entities                                    out companies that did not meet the
                                             procedure rulemaking is not a                                             in Agency Rulemaking,’’ 67 FR 53461                                         definition of a ‘‘small business’’ or are
                                             ‘‘significant regulatory action’’ under                                   (August 16, 2002), DOE published                                            completely foreign owned and operated.
                                             section 3(f) of Executive Order 12866,                                    procedures and policies on February 19,                                     DOE identified approximately seven
                                             Regulatory Planning and Review, 58 FR                                     2003 to ensure that the potential                                           small businesses that maintain domestic
                                             51735 (Oct. 4, 1993). Accordingly, this                                   impacts of its rules on small entities are                                  production facilities for the integrated
                                             action was not subject to review under                                    properly considered during the DOE                                          LED lamps covered by this rulemaking.
                                             the Executive Order by the Office of                                      rulemaking process. 68 FR 7990. DOE                                            DOE notes that this final rule merely
                                             Information and Regulatory Affairs                                        has made its procedures and policies                                        amends the existing LED test procedure
                                             (OIRA) in the OMB.                                                        available on the Office of the General                                      in a way that will reduce test burden on
                                                                                                                       Counsel’s website: http://energy.gov/gc/                                    manufacturers by providing the option
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                                             B. Review Under Executive Order 13771                                     office-general-counsel. DOE certified in                                    of testing at elevated temperatures. The
                                                On January 30, 2017, the President                                     the November 2016 LED TP NOPR that
                                                                                                                                                                                                     9 ENERGY STAR Certified Light Bulbs Database,
                                             issued Executive Order 13771,                                             the adopted test procedure amendment
                                                                                                                                                                                                   https://www.energystar.gov/productfinder/product/
                                             ‘‘Reducing Regulation and Controlling                                     will not have a significant economic                                        certified-light-bulbs/results (last accessed April 2,
                                             Regulatory Costs.’’ The Executive Order                                   impact on a substantial number of small                                     2018).
                                             stated the policy of the executive branch                                 entities, and the preparation of a FRFA                                       10 http://hoovers.com/.




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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                       47811

                                             adopted amendment will reduce the                       E. Review Under the National                          G. Review Under Executive Order 12988
                                             instances in which two tests for lifetime               Environmental Policy Act of 1969                         Regarding the review of existing
                                             must be conducted for the same lamp.                      In this final rule, DOE amends its test             regulations and the promulgation of
                                             In addition, the amendment is                           procedure for LED lamps. DOE has                      new regulations, section 3(a) of
                                             supported by industry, including                        determined that this rule falls into a                Executive Order 12988, ‘‘Civil Justice
                                             NEMA. Manufacturers that seek to test                   class of actions that are categorically               Reform,’’ 61 FR 4729 (Feb. 7, 1996),
                                             time to failure at elevated temperatures                excluded from review under the                        imposes on Federal agencies the general
                                             under the amendment are likely to have                  National Environmental Policy Act of                  duty to adhere to the following
                                             previously accounted for testing costs                  1969 (42 U.S.C. 4321 et seq.) and DOE’s               requirements: (1) Eliminate drafting
                                             associated with the ENERGY STAR                         implementing regulations at 10 CFR part               errors and ambiguity, (2) write
                                             program as these measurements are                       1021. Specifically, this final rule                   regulations to minimize litigation, (3)
                                             required to be reported to ENERGY                       amends the existing test procedure for                provide a clear legal standard for
                                             STAR if manufacturers certify the lamps                 integrated LED lamps without affecting                affected conduct rather than a general
                                             as meeting the program requirements.                    the amount, quality or distribution of                standard, and (4) promote simplification
                                             For manufacturers who do not test                       energy usage, and, therefore, will not                and burden reduction. Section 3(b) of
                                             products at elevated temperatures, this                 result in any environmental impacts.                  Executive Order 12988 specifically
                                             amendment presents no additional                        Thus, this rulemaking is covered by                   requires that Executive agencies make
                                             burden.                                                 Categorical Exclusion A5 under 10 CFR                 every reasonable effort to ensure that the
                                               Based on the criteria outlined earlier                part 1021, subpart D, which applies to                regulation (1) clearly specifies the
                                             and the reasons discussed in this                       any rulemaking that interprets or                     preemptive effect, if any, (2) clearly
                                             section, DOE previously certified in the                amends an existing rule without                       specifies any effect on existing Federal
                                             November 2016 LED TP NOPR that the                      changing the environmental effect of                  law or regulation, (3) provides a clear
                                             amendment adopted in this final rule                    that rule. Accordingly, neither an                    legal standard for affected conduct
                                             will not have a significant economic                    environmental assessment nor an                       while promoting simplification and
                                             impact on a substantial number of small                 environmental impact statement is                     burden reduction, (4) specifies the
                                             entities. The factual basis for this                    required.                                             retroactive effect, if any, (5) adequately
                                             certification has not changed.                                                                                defines key terms, and (6) addresses
                                                                                                     F. Review Under Executive Order 13132
                                                                                                                                                           other important issues affecting clarity
                                             D. Review Under the Paperwork                              Executive Order 13132, ‘‘Federalism,’’             and general draftsmanship under any
                                             Reduction Act of 1995                                   64 FR 43255 (August 4, 1999), imposes                 guidelines issued by the Attorney
                                                                                                     certain requirements on agencies                      General. Section 3(c) of Executive Order
                                               Manufacturers of LED lamps must                       formulating and implementing policies                 12988 requires Executive agencies to
                                             certify to DOE that their products                      or regulations that preempt State law or              review regulations in light of applicable
                                             comply with any applicable energy                       that have Federalism implications. The                standards in sections 3(a) and 3(b) to
                                             conservation standards. To certify                      Executive Order requires agencies to                  determine whether they are met or it is
                                             compliance, manufacturers must first                    examine the constitutional and statutory              unreasonable to meet one or more of
                                             obtain test data for their products                     authority supporting any action that                  them. DOE has completed the required
                                             according to the DOE test procedures,                   would limit the policymaking discretion               review and determined that, to the
                                             including any amendments adopted for                    of the States and to carefully assess the             extent permitted by law, this final rule
                                             those test procedures. DOE has                          necessity for such actions. The                       meets the relevant standards of
                                             established regulations for the                         Executive Order also requires agencies                Executive Order 12988.
                                             certification and recordkeeping                         to have an accountable process to
                                             requirements for all covered consumer                   ensure meaningful and timely input by                 H. Review Under the Unfunded
                                             products and commercial equipment,                      State and local officials in the                      Mandates Reform Act of 1995
                                             including LED lamps. (See generally 10                  development of regulatory policies that                 Title II of the Unfunded Mandates
                                             CFR part 429.) The collection-of-                       have Federalism implications. On                      Reform Act of 1995 (UMRA) requires
                                             information requirement for the                         March 14, 2000, DOE published a                       each Federal agency to assess the effects
                                             certification and recordkeeping is                      statement of policy describing the                    of Federal regulatory actions on State,
                                             subject to review and approval by OMB                   intergovernmental consultation process                local, and Tribal governments and the
                                             under the Paperwork Reduction Act                       it will follow in the development of                  private sector. Public Law 104–4, sec.
                                             (PRA). This requirement has been                        such regulations. 65 FR 13735. DOE has                201 (codified at 2 U.S.C. 1531). For a
                                             approved by OMB under OMB control                       examined this final rule and has                      regulatory action resulting in a rule that
                                             number 1910–1400. Public reporting                      determined that it will not have a                    may cause the expenditure by State,
                                             burden for the certification is estimated               substantial direct effect on the States, on           local, and Tribal governments, in the
                                             to average 35 hours per response,                       the relationship between the national                 aggregate, or by the private sector of
                                             including the time for reviewing                        government and the States, or on the                  $100 million or more in any one year
                                             instructions, searching existing data                   distribution of power and                             (adjusted annually for inflation), section
                                             sources, gathering and maintaining the                  responsibilities among the various                    202 of UMRA requires a Federal agency
                                             data needed, and completing and                         levels of government. EPCA governs and                to publish a written statement that
                                             reviewing the collection of information.                prescribes Federal preemption of State                estimates the resulting costs, benefits,
                                               Notwithstanding any other provision                   regulations as to energy conservation for             and other effects on the national
                                             of the law, no person is required to                    the products that are the subject of this             economy. (2 U.S.C. 1532(a), (b)) The
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                                             respond to, nor must any person be                      final rule. States can petition DOE for               UMRA also requires a Federal agency to
                                             subject to a penalty for failure to comply              exemption from such preemption to the                 develop an effective process to permit
                                             with, a collection of information subject               extent, and based on criteria, set forth in           timely input by elected officers of State,
                                             to the requirements of the PRA, unless                  EPCA. (42 U.S.C. 6297(d)) No further                  local, and Tribal governments on a
                                             that collection of information displays a               action is required by Executive Order                 proposed ‘‘significant intergovernmental
                                             currently valid OMB control number.                     13132.                                                mandate,’’ and requires an agency plan


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                                             47812            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

                                             for giving notice and opportunity for                   Distribution, or Use,’’ 66 FR 28355 (May              report will state that it has been
                                             timely input to potentially affected                    22, 2001), requires Federal agencies to               determined that the rule is not a ‘‘major
                                             small governments before establishing                   prepare and submit to OMB, a                          rule’’ as defined by 5 U.S.C. 804(2).
                                             any requirements that might                             Statement of Energy Effects for any
                                                                                                     significant energy action. A ‘‘significant            V. Approval of the Office of the
                                             significantly or uniquely affect small
                                                                                                     energy action’’ is defined as any action              Secretary
                                             governments. On March 18, 1997, DOE
                                             published a statement of policy on its                  by an agency that promulgated or is                     The Secretary of Energy has approved
                                             process for intergovernmental                           expected to lead to promulgation of a                 publication of this final rule.
                                             consultation under UMRA. 62 FR                          final rule, and that (1) is a significant
                                             12820; also available at http://                        regulatory action under Executive Order               List of Subjects in 10 CFR Part 430
                                             energy.gov/gc/office-general-counsel.                   12866, or any successor order; and (2)
                                                                                                     is likely to have a significant adverse                 Administrative practice and
                                             DOE examined this final rule according
                                                                                                     effect on the supply, distribution, or use            procedure, Confidential business
                                             to UMRA and its statement of policy
                                                                                                     of energy; or (3) is designated by the                information, Energy conservation,
                                             and determined that the rule contains
                                                                                                     Administrator of OIRA as a significant                Household appliances, Imports,
                                             neither an intergovernmental mandate,
                                                                                                     energy action. For any significant energy             Incorporation by reference,
                                             nor a mandate that may result in the
                                                                                                     action, the agency must give a detailed               Intergovernmental relations, Small
                                             expenditure of $100 million or more in
                                                                                                     statement of any adverse effects on                   businesses.
                                             any year, so these requirements do not
                                             apply.                                                  energy supply, distribution, or use if the              Issued in Washington, DC, September 14,
                                                                                                     regulation is implemented, and of                     2018.
                                             I. Review Under the Treasury and                        reasonable alternatives to the action and             Cathy Tripodi,
                                             General Government Appropriations                       their expected benefits on energy
                                             Act, 1999                                                                                                     Acting Assistant Secretary for Energy
                                                                                                     supply, distribution, and use.                        Efficiency, Energy Efficiency and Renewable
                                                Section 654 of the Treasury and                         This regulatory action to amend the                Energy.
                                             General Government Appropriations                       test procedure for measuring the lumen
                                             Act, 1999 (Pub. L. 105–277) requires                    maintenance and time to failure of LED                  For the reasons stated in the
                                             Federal agencies to issue a Family                      lamps is not a significant regulatory                 preamble, DOE amends part 430 of
                                             Policymaking Assessment for any rule                    action under Executive Order 12866.                   Chapter II of Title 10, Code of Federal
                                             that may affect family well-being. This                 Moreover, it will not have a significant              Regulations as set forth below:
                                             final rule would not have any impact on                 adverse effect on the supply,
                                             the autonomy or integrity of the family                 distribution, or use of energy, nor has it            PART 430—ENERGY CONSERVATION
                                             as an institution. Accordingly, DOE has                 been designated as a significant energy               PROGRAM FOR CONSUMER
                                             concluded that it is not necessary to                   action by the Administrator of OIRA.                  PRODUCTS
                                             prepare a Family Policymaking                           Therefore, it is not a significant energy
                                             Assessment.                                             action, and, accordingly, DOE has not                 ■ 1. The authority citation for part 430
                                                                                                     prepared a Statement of Energy Effects.               continues to read as follows:
                                             J. Review Under Executive Order 12630
                                                                                                     M. Review Under Section 32 of the                       Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
                                                DOE has determined, under Executive                                                                        2461 note.
                                             Order 12630, ‘‘Governmental Actions                     Federal Energy Administration Act of
                                             and Interference with Constitutionally                  1974
                                                                                                                                                           ■ 2. Appendix BB to subpart B of part
                                             Protected Property Rights’’ 53 FR 8859                    Under section 301 of the Department                 430 is amended by revising the
                                             (March 18, 1988), that this regulation                  of Energy Organization Act (Pub. L. 95–               introductory note and second sentence
                                             will not result in any takings that might               91; 42 U.S.C. 7101), DOE must comply                  of section 4.4.4 to read as follows:
                                             require compensation under the Fifth                    with section 32 of the Federal Energy
                                             Amendment to the U.S. Constitution.                     Administration Act of 1974, as amended                Appendix BB to Subpart B of Part 430—
                                                                                                     by the Federal Energy Administration                  Uniform Test Method for Measuring the
                                             K. Review Under Treasury and General                    Authorization Act of 1977. (15 U.S.C.                 Input Power, Lumen Output, Lamp
                                             Government Appropriations Act, 2001                     788; FEAA) Section 32 essentially                     Efficacy, Correlated Color Temperature
                                               Section 515 of the Treasury and                       provides in relevant part that, where a               (CCT), Color Rendering Index (CRI),
                                             General Government Appropriations                       proposed rule authorizes or requires use              Power Factor, Time to Failure, and
                                             Act, 2001 (44 U.S.C. 3516 note) provides                of commercial standards, the notice of                Standby Mode Power of Integrated
                                             for agencies to review most                             proposed rulemaking must inform the                   Light-Emitting Diode (LED) Lamps
                                             disseminations of information to the                    public of the use and background of                     Note: On or after March 20, 2019, any
                                             public under guidelines established by                  such standards. In addition, section                  representations made with respect to the
                                             each agency pursuant to general                         32(c) requires DOE to consult with the                energy use or efficiency of integrated light-
                                             guidelines issued by OMB. OMB’s                         Attorney General and the Chairman of                  emitting diode lamps must be made in
                                             guidelines were published at 67 FR                      the FTC concerning the impact of the                  accordance with the results of testing
                                             8452 (Feb. 22, 2002), and DOE’s                         commercial or industry standards on                   pursuant to this appendix.
                                             guidelines were published at 67 FR                      competition.
                                             62446 (Oct. 7, 2002). DOE has reviewed                    The amendment to the test procedures                *        *   *     *      *
                                             this final rule under the OMB and DOE                   for LED lamps adopted in this final rule              4. Active Mode Test Method to Measure Time
                                             guidelines and has concluded that it is                 does not incorporate any new standards                to Failure
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                                             consistent with applicable policies in                  that would require compliance under                   *        *   *     *      *
                                             those guidelines.                                       section 32(b) of the FEAA.
                                                                                                                                                           4.4. Operating Conditions and Setup Between
                                             L. Review Under Executive Order 13211                   N. Congressional Notification                         Lumen Output Measurements
                                                Executive Order 13211, ‘‘Actions                       As required by 5 U.S.C. 801, DOE will               *        *   *     *      *
                                             Concerning Regulations That                             report to Congress on the promulgation                  4.4.4. * * * Maintain the ambient
                                             Significantly Affect Energy Supply,                     of this rule before its effective date. The           temperature at 25 °C ± 5 °C or at a



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                                                              Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations                                         47813

                                             manufacturer-selected temperature higher                between 9 a.m. and 5 p.m., Monday                     Dassault Mystère-Falcon 900 AMM chapter
                                             than 25 °C with the same ±5 °C tolerance.               through Friday, except Federal holidays.              5–40 Revision 22.
                                             *      *     *       *      *                           The AD docket contains this final rule,                  Since that [EASA] AD was issued, Dassault
                                                                                                                                                           issued Revision 23 of the Dassault Mystère-
                                             [FR Doc. 2018–20599 Filed 9–20–18; 8:45 am]             the regulatory evaluation, any
                                                                                                                                                           Falcon 900 AMM chapter 5–40, which
                                             BILLING CODE 6450–01–P                                  comments received, and other                          introduces new and more restrictive
                                                                                                     information. The address for Docket                   maintenance requirements and/or
                                                                                                     Operations (phone: 800–647–5527) is                   airworthiness limitations.
                                             DEPARTMENT OF TRANSPORTATION                            U.S. Department of Transportation,                      For the reason described above, this
                                                                                                     Docket Operations, M–30, West                         [EASA] AD retains the requirements of EASA
                                             Federal Aviation Administration                         Building Ground Floor, Room W12–140,                  AD 2016–0127, which is superseded, and
                                                                                                     1200 New Jersey Avenue SE,                            requires accomplishment of the actions
                                             14 CFR Part 39                                          Washington, DC 20590.                                 specified in Revision 23 of the Dassault
                                                                                                                                                           Mystère-Falcon 900 AMM chapter 5–40
                                             [Docket No. FAA–2018–0359; Product                      FOR FURTHER INFORMATION CONTACT: Tom
                                                                                                                                                           * * *.
                                             Identifier 2018–NM–040–AD; Amendment                    Rodriguez, Aerospace Engineer,
                                             39–19405; AD 2018–19–05]                                International Section, Transport                        You may examine the MCAI in the
                                                                                                     Standards Branch, FAA, 2200 South                     AD docket on the internet at http://
                                             RIN 2120–AA64                                                                                                 www.regulations.gov by searching for
                                                                                                     216th St., Des Moines, WA 98198;
                                                                                                     telephone and fax 206–231–3226.                       and locating Docket No. FAA–2018–
                                             Airworthiness Directives; Dassault
                                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                           0359.
                                             Aviation Airplanes
                                                                                                     Discussion                                            Comments
                                             AGENCY:  Federal Aviation
                                             Administration (FAA), Department of                       We issued a notice of proposed                        We gave the public the opportunity to
                                             Transportation (DOT).                                   rulemaking (NPRM) to amend 14 CFR                     participate in developing this final rule.
                                                                                                     part 39 by adding an AD that would                    We received no comments on the NPRM
                                             ACTION: Final rule.
                                                                                                     apply to all Dassault Aviation Model                  or on the determination of the cost to
                                             SUMMARY:    We are adopting a new                       MYSTERE-FALCON 900 airplanes. The                     the public.
                                             airworthiness directive (AD) for all                    NPRM published in the Federal                         Conclusion
                                             Dassault Aviation Model MYSTERE-                        Register on April 30, 2018 (83 FR
                                             FALCON 900 airplanes. This AD was                                                                                We reviewed the relevant data and
                                                                                                     18753). The NPRM was prompted by a
                                             prompted by a determination that more                                                                         determined that air safety and the
                                                                                                     determination that more restrictive
                                             restrictive maintenance requirements                                                                          public interest require adopting this
                                                                                                     maintenance requirements and
                                             and airworthiness limitations are                                                                             final rule as proposed, except for minor
                                                                                                     airworthiness limitations are necessary.
                                             necessary. This AD requires revising the                                                                      editorial changes. We have determined
                                                                                                     The NPRM proposed to require revising
                                             maintenance or inspection program, as                                                                         that these minor changes:
                                                                                                     the maintenance or inspection program,
                                             applicable, to incorporate new and more                                                                          • Are consistent with the intent that
                                                                                                     as applicable, to incorporate new and
                                             restrictive maintenance requirements                                                                          was proposed in the NPRM for
                                                                                                     more restrictive maintenance
                                             and airworthiness limitations. We are                                                                         addressing the unsafe condition; and
                                                                                                     requirements and airworthiness
                                             issuing this AD to address the unsafe                                                                            • Do not add any additional burden
                                                                                                     limitations. We are issuing this AD to
                                             condition on these products.                                                                                  upon the public than was already
                                                                                                     prevent reduced structural integrity of
                                                                                                                                                           proposed in the NPRM.
                                             DATES: This AD is effective October 26,                 the airplane.
                                             2018.                                                     The European Aviation Safety Agency                 Related Service Information Under 1
                                                The Director of the Federal Register                 (EASA), which is the Technical Agent                  CFR Part 51
                                             approved the incorporation by reference                 for the Member States of the European                   Dassault Aviation has issued Chapter
                                             of a certain publication listed in this AD              Union, has issued EASA AD 2018–0027,                  5–40, Airworthiness Limitations,
                                             as of October 26, 2018.                                 dated January 30, 2018 (referred to after             Revision 23, dated September 2017, of
                                             ADDRESSES: For service information                      this as the Mandatory Continuing                      the Dassault Aviation Falcon 900
                                             identified in this final rule, contact                  Airworthiness Information, or ‘‘the                   Maintenance Manual. This service
                                             Dassault Falcon Jet Corporation,                        MCAI’’), to correct an unsafe condition               information describes procedures,
                                             Teterboro Airport, P.O. Box 2000, South                 for all Dassault Aviation Model                       maintenance tasks, and airworthiness
                                             Hackensack, NJ 07606; telephone 201–                    MYSTERE-FALCON 900 airplanes. The                     limitations specified in the
                                             440–6700; internet http://                              MCAI states:                                          Airworthiness Limitations Section
                                             www.dassaultfalcon.com. You may                           The airworthiness limitations and                   (ALS) of the AMM. This service
                                             view this service information at the                    certification maintenance instructions for the        information is reasonably available
                                             FAA, Transport Standards Branch, 2200                   Dassault Mystère-Falcon 900 aeroplanes,              because the interested parties have
                                                                                                     which are approved by EASA, are currently
                                             South 216th St., Des Moines, WA. For                                                                          access to it through their normal course
                                                                                                     defined and published in the Dassault
                                             information on the availability of this                 Mystère-Falcon 900 [Airplane Maintenance             of business or by the means identified
                                             material at the FAA, call 206–231–3195.                 Manual] AMM chapter 5–40. These                       in the ADDRESSES section.
                                             It is also available on the internet at                 instructions have been identified as
                                             http://www.regulations.gov by searching                 mandatory for continued airworthiness.
                                                                                                                                                           Costs of Compliance
                                             for and locating Docket No. FAA–2018–                     Failure to accomplish these instructions              We estimate that this AD affects 65
                                             0359.                                                   could result in an unsafe condition [i.e.,            airplanes of U.S. registry.
                                                                                                     reduced structural integrity of the airplane].
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                                                                                                                                                             We estimate the following costs to
                                             Examining the AD Docket                                   Consequently, EASA issued AD 2016–0127              comply with this AD:
                                                                                                     [which corresponds to FAA AD 2017–19–03
                                               You may examine the AD docket on                      Amendment 39–19033 (82 FR 43166,
                                                                                                                                                             We have determined that revising the
                                             the internet at http://                                 September 14, 2017) (‘‘AD 2017–19–03’’)] to           maintenance or inspection program
                                             www.regulations.gov by searching for                    require accomplishment of the maintenance             takes an average of 90 work-hours per
                                             and locating Docket No. FAA–2018–                       tasks, and implementation of the                      operator, although we recognize that
                                             0359; or in person at Docket Operations                 airworthiness limitations, as specified in            this number may vary from operator to


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Document Created: 2018-09-21 00:23:41
Document Modified: 2018-09-21 00:23:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of this rule is October 22, 2018.
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected]
FR Citation83 FR 47806 
RIN Number1904-AD74
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Energy Conservation; Household Appliances; Imports; Incorporation by Reference; Intergovernmental Relations and Small Businesses

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