[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Rules and Regulations]
[Pages 1270-1274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-230]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

RIN 1904-AB54


Energy Conservation Standards for Certain Ceiling Fan Light Kits

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

ACTION: Final rule; technical amendment.

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SUMMARY: The Department of Energy (DOE) is publishing this technical 
amendment in order to place in the Code of Federal Regulations the 
energy conservation standards for ceiling fan light kits with sockets 
other than medium screw base or pin-based for fluorescent lamps that 
Congress prescribed in the Energy Policy Act of 2005.

DATES: Effective Date: January 11, 2007.

FOR FURTHER INFORMATION CONTACT: Linda Graves, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000

[[Page 1271]]

Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-1851, e-
mail: [email protected], or Francine Pinto, Esq., U.S. Department 
of Energy, Office of the General Counsel, Forrestal Building, GC-72, 
1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7432, e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Summary of Today's Action
III. Procedural Requirements and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Congressional Notification
IV. Approval of the Office of the Secretary

I. Background

    The Energy Policy Act of 2005 (EPACT 2005) (Pub. L. 109-58) was 
enacted on August 8, 2005. In addition to provisions directing DOE to 
undertake rulemakings to promulgate new or amended energy conservation 
standards for various consumer products and commercial and industrial 
equipment, Congress prescribed new efficiency standards and related 
definitions for certain consumer products and commercial and industrial 
equipment.
    By today's action, DOE is placing in the Code of Federal 
Regulations (CFR) the energy conservation standards that Congress 
prescribed for ceiling fan light kits with sockets other than medium 
screw base or pin-based for fluorescent lamps. DOE is not exercising 
its discretionary authority, provided in section 135(c)(4) of EPACT, 
(42 U.S.C. 6295(ff)(4)(A)) for the Secretary of Energy to consider and 
issue requirements, by rule, for any ceiling fan lighting kit with 
sockets other than medium screw base or pin-based for fluorescent 
lamps. Instead, the Secretary is adopting the statutory standard in 
section 325(ff)(4)(C) of EPCA. (42 U.S.C. 6295(ff)(4)(C)) That section, 
which was added by section 135(c)(4) of EPACT 2005, establishes 
requirements for these ceiling fan light kits if the Department does 
not take action by January 1, 2007.
    In the future, DOE may exercise its discretion under section 
325(ff)(5) of EPCA, after January 1, 2010, to consider and issue 
amended energy conservation standards for all types of ceiling fan 
light kits.

II. Summary of Today's Action

    Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA to, 
among other things, add subsection (ff) with respect to ceiling fans 
and ceiling fan light kits. New section 325(ff) establishes design 
standards for ceiling fans and ceiling fan light kits manufactured on 
or after January 1, 2007. With respect to ceiling fan light kits, EPACT 
2005 created three groupings: (1) Ceiling fan light kits with medium 
screw base sockets (also called ``E26'' base types), (2) ceiling fan 
light kits with pin-based sockets for fluorescent lamps, and (3) 
ceiling fan light kits with any socket type other than medium screw 
base or pin-based for fluorescent lamps. For this third group, while 
the statute specifically mentions the example of candelabra screw base 
sockets (also called ``E12'' base types), this group applies to ceiling 
fan light kits with any socket type other than medium screw base or 
pin-based for fluorescent lamps. Thus, this third group would include 
ceiling fan light kits designed with candelabra screw base sockets, 
intermediate screw-base sockets, 2-pin halogen sockets, bayonet 
sockets, and all socket types other than medium screw base or pin-based 
for fluorescent lamps.
    In a final rule published on October 18, 2005, DOE codified the 
statute's requirements for the first two groupings of ceiling fan light 
kits--medium screw base and pin-based for fluorescent lamps. 70 FR 
60413. In today's technical amendment, DOE is codifying the design 
standards set out in EPCA's new section 325(ff) for the third grouping, 
ceiling fan light kits with sockets other than medium screw base or 
pin-based for fluorescent lamps. As previously discussed, section 
135(c)(4) of EPACT 2005, among other things, added section 
325(ff)(4)(A) of EPCA, which requires DOE to consider issuing 
requirements for these ceiling fan light kits by January 1, 2007. The 
time frame normally allocated to conduct an energy conservation 
standards rulemaking to determine requirements for a consumer product 
like this is approximately three years. For these ceiling fan light 
kits, the time frame that was afforded to DOE by the statute was only 
17 months from the date of enactment of EPACT 2005 to the date when 
these requirements must be in place. After reviewing this statutory 
requirement, and DOE's backlog of rulemakings and the other new 
consumer product and commercial equipment rulemakings required in EPACT 
2005, DOE stated in its Report to Congress:\1\
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    \1\ Energy Conservation Standards Activities, Submitted Pursuant 
to Section 141 of the Energy Policy Act of 2005 and to the 
Conference Report (109-275) to the FY 2006 Energy and Water 
Development Appropriations Act; U.S. Department of Energy, January 
2006.

    With regard to the rulemaking for ceiling fan light kits (other 
than those with standards prescribed by EPACT 2005), it is not 
feasible to complete a rulemaking by the EPACT 2005 final rule 
deadline of January 1, 2007. Since EPACT 2005 includes a standard 
that is scheduled to go into effect on January 1, 2009, in the event 
that the Department cannot meet the deadline, the Department plans 
to adopt and codify the EPACT 2005 standard in fiscal year 2007, 
conserving Departmental resources for more complex rulemakings with 
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higher potential benefits. Report to Congress at page vi.

    Thus, in today's technical amendment, DOE is codifying at 10 CFR 
430.32(s), requirements for ceiling fan light kits with sockets other 
than medium screw base or pin-based for fluorescent lamps. This 
statutory standard in section 325(ff)(4)(C) of EPCA (42 U.S.C. 
6295(ff)(4)(C)), requires that any ceiling fan light kit with sockets 
other than medium screw base or pin-based for fluorescent lamps 
manufactured after January 1, 2009, (1) shall not be capable of 
operating with lamps that total more than 190 watts; and (2) shall 
include the lamps that total not more than 190 watts in the ceiling fan 
light kit.
    DOE is interpreting these two requirements as design requirements. 
The first requirement, that ceiling fan light kits shall not be capable 
of operating with lamps that total more than 190 watts, is being 
interpreted as requiring manufacturers to incorporate some electrical 
device or measure, such as a fuse, circuit breaker, or current limiting 
device, to ensure that the light kit is not capable of operating with a 
lamp or lamps that draw more than 190 watts. As this is a design 
requirement, a test procedure is not required to certify compliance. 
Moreover, this interpretation is consistent with DOE's interpretation 
of a similar requirement under EPACT 2005 for torchieres. 71 FR 71340 
(December 8, 2006).
    The second requirement, that the ceiling fan light kit shall 
include lamps that total not more than 190 watts, is being interpreted 
by DOE as a packaging requirement with two parts: first, that the kits 
are to be packaged with lamps

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and second, that the total wattage of all the lamps packaged with the 
ceiling fan light kit shall not exceed 190 watts. A test procedure is 
not required to demonstrate compliance with either of these two 
provisions of the second requirement. Manufacturers can certify without 
a test procedure that lamps are included in the ceiling fan light kit 
packaging and that the sum of the total rated wattages of all the lamps 
packaged with the kit do not exceed 190 watts.
    EPCA defines the term ``manufacture'' as ``to manufacture, produce, 
assemble, or import.'' (42 U.S.C. 6291(10)) Starting on January 1, 
2009, all ceiling fan light kits covered by this final rule must, on 
the date of manufacture, or in the case of imported products, as of the 
date of import, meet the standards set forth in today's rule. These 
requirements apply to the manufacture of covered consumer products for 
sale in the 50 States as well as all U.S. territories.
    As background context for how EPACT addressed the two categories of 
ceiling fan light kits not covered by this rulemaking, i.e., those with 
medium screw base sockets and pin-based sockets for fluorescent lamps, 
the prescribed energy conservation standards for these two types of 
ceiling fan light kits took effect on January 1, 2007. While products 
are required to be compliant with the mandatory standards from that 
effective date, manufacturers are not required to report under DOE's 
compliance certification and enforcement programs until DOE finalizes 
its certification and compliance procedures for new covered products 
and commercial equipment. DOE published a notice of proposed rulemaking 
on July 25, 2006, which proposed certification and enforcement 
provisions for a range of products, including all types of ceiling fan 
light kits. 71 FR 42178. Although manufacturers are not subject to DOE 
certification and enforcement programs until DOE promulgates the final 
rule on certification and enforcement, manufacturers must meet the 
required standards for ceiling fan light kits with medium screw base 
and pin-based for fluorescent lamps starting January 1, 2007. When the 
certification and enforcement procedures are finalized, manufacturers 
must represent to DOE that the ceiling fan light kits for which there 
are effective standards and packaging requirements set by EPACT 2005 
are compliant.

III. Procedural Requirements

A. Review Under Executive Order 12866

    Today's final rule is not a ``significant regulatory action'' under 
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (October 4, 1993). Accordingly, today's action 
was not subject to review by the Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, 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 rulemaking process. 68 FR 7990. The Department 
has made its procedures and policies available on the Office of the 
General Counsel's Web site: http://www.gc.doe.gov. DOE today is 
revising the Code of Federal Regulations to incorporate, without 
substantive change, energy conservation standards prescribed by 
Congress in the Energy Policy Act of 2005. Because this is a technical 
amendment for which a general notice of proposed rulemaking is not 
required, the Regulatory Flexibility Act does not apply to this 
rulemaking.

C. Review Under the Paperwork Reduction Act of 1995

    This rulemaking will impose no new information or recordkeeping 
requirements. Accordingly, OMB clearance is not required under the 
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    DOE has determined that this rule is covered under the Categorical 
Exclusion found in DOE's National Environmental Policy Act regulations 
at paragraph A.6 of Appendix A to Subpart D, 10 CFR part 1021, which 
applies to rulemakings that are strictly procedural. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.
    In this instance, DOE is merely codifying the design standards set 
out in EPACT 2005 section 325(ff)(4)(C) (42 U.S.C. 6295(ff)(4)(C)) for 
ceiling fan light kits with sockets other than medium screw base or 
pin-based for fluorescent lamps. EPACT 2005 gives DOE the authority to 
conduct a rulemaking for this equipment by January 1, 2007. However, 
EPACT 2005 also provided that if DOE does not issue a final rule by 
this statutory deadline, the design standards referenced above would 
become effective for equipment manufactured after January 1, 2009. DOE 
is not exercising any discretion in today's final rule.

E. 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 examined this final 
rule and determined that it does 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 today's rule. States can petition DOE 
for exemption to the extent, and based on criteria, set forth in EPCA. 
(42 U.S.C. 6297) No further action is required by Executive Order 
13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 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; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. Section 3(b) of Executive 
Order 12988 specifically

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requires that Executive agencies make every reasonable effort to ensure 
that the regulation: (1) Clearly specifies the preemptive effect, if 
any; (2) clearly specifies any effect on existing Federal law or 
regulation; (3) provides a clear legal standard for affected conduct 
while promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any; (5) adequately defines key terms; and (6) 
addresses other important issues affecting clarity and general 
draftsmanship under any guidelines issued by the Attorney General. 
Section 3(c) of Executive Order 12988 requires Executive agencies to 
review regulations in light of applicable standards in section 3(a) and 
section 3(b) to determine whether they are met or it is unreasonable to 
meet one or more of them. DOE has completed the required review and 
determined that, to the extent permitted by law, this final rule meets 
the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments and the 
private sector. For a proposed regulatory action likely to result in a 
rule that may cause the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish a written statement that 
estimates the resulting costs, benefits, and other effects on the 
national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a 
Federal agency to develop an effective process to permit timely input 
by elected officers of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandate,'' and requires an 
agency plan for giving notice and opportunity for timely input to 
potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect 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://www.gc.doe.gov). This final 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 under the Unfunded Mandates Reform Act do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This 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.

I. Review Under Executive Order 12630

    The Department has determined, under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would 
not result in any takings which might require compensation under the 
Fifth Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for 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 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed today's notice under the OMB and DOE guidelines and 
has concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to the 
Office of Information and Regulatory Affairs (OIRA), OMB, a Statement 
of Energy Effects for any proposed 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 proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. This final rule would 
not have a significant adverse effect on the supply, distribution, or 
use of energy and, therefore, is not a significant energy action. 
Accordingly, DOE has not prepared a Statement of Energy Effects.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's final 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, on December 29, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons set forth in the preamble, DOE hereby amends Chapter 
II, Subchapter D of Title 10, of the Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
2. Section 430.32 of subpart C is amended by adding new paragraph 
(s)(4) to read as follows:


Sec.  430.32  Energy and water conservation standards and effective 
dates.

* * * * *
    (s) Ceiling fans and ceiling fan light kits.
* * * * *
    (4) Ceiling fan light kits with socket types other than those 
covered in paragraphs (2) and (3) of this section, including candelabra 
screw base sockets, manufactured on or after January 1, 2009--

[[Page 1274]]

    (i) Shall not be capable of operating with lamps that total more 
than 190 watts; and
    (ii) Shall be packaged to include the lamps described in clause (i) 
with the ceiling fan light kits.
* * * * *
[FR Doc. E7-230 Filed 1-10-07; 8:45 am]
BILLING CODE 6450-01-P