[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57897-57900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23965]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / 
Rules and Regulations  

[[Page 57897]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2008-BT-STD-0005]
RIN 1904-AB57


Energy Conservation Program: Energy Conservation Standards for 
Certain External Power Supplies

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

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) is publishing this 
technical amendment to exclude external power supplies used in specific 
applications from certain energy conservation standards prescribed 
under the Energy Policy and Conservation Act (EPCA). Congress enacted 
this exclusion, which applies to external power supplies used either in 
security or life safety alarms or surveillance system components, 
earlier this year. DOE is also modifying its current certification 
requirements to make them consistent with this change.

DATES: Effective Date: October 19, 2011.

FOR FURTHER INFORMATION CONTACT:
Mr. Victor Petrolati, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-4549. E-mail: [email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-8145. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Energy Independence and Security Act of 2007 (Pub. L. 110-140) 
amended section 325(u)(3) of the Energy Policy and Conservation Act 
(EPCA) to establish energy conservation standards for all Class A 
external power supplies. (42 U.S.C. 6295(u)(3)) Among these 
requirements, Congress included a limit on the amount of power that 
these devices could draw while operating in ``no-load'' mode. (The 
``no-load'' mode refers to the condition in which a power supply is 
connected to mains but not to the separate end-use product that it 
powers (i.e., the load).) These no-load mode requirements were applied 
to all Class A external power supplies, irrespective of whether a 
particular product actually operated in no-load mode.
    Subsequently, Congress revisited this issue. On January 4, 2011, 
Congress enacted Public Law 111-360, which amended section 325(u)(3) of 
EPCA by prescribing a definition for ``security or life safety alarm or 
surveillance system'' and excluding those external power supplies used 
in certain security or life safety alarms or surveillance system 
components from the no-load mode requirements Congress had previously 
set.
    Today's action codifies Congress's revision to EPCA. Additionally, 
to ensure consistency throughout its regulatory framework, DOE is also 
modifying the certification requirements for Class A external power 
supplies that appear in the Code of Federal Regulations (CFR). These 
amendments reflect the recent changes enacted by Congress and do not 
alter any other aspects related to the energy conservation standards 
for these products. Amendments to those standards, if any, will be 
handled through a separate rulemaking proceeding.

II. Summary of Today's Action

    DOE is placing the definition and exclusions of certain security 
and life safety alarms and surveillance systems from the no-load 
requirements for external power supplies into 10 CFR part 430 (``Energy 
Conservation Program for Certain Consumer Products''). DOE is making 
certain formatting changes needed to ensure that the new provisions 
conform to the existing text of this part. In addition, DOE is 
prescribing modifications to 10 CFR part 429 (``Certification, 
Compliance, and Enforcement for Consumer Products and Commercial and 
Industrial Equipment''). As a result of these provisions, manufacturers 
of certain external power supplies for security and life safety alarms 
and surveillance systems will have the option to certify that their 
products meet the appropriate definition and, therefore, are exempt 
from the no-load mode requirements for Class A external power supplies.
    In light of the applicable statutory requirement enacted by 
Congress to set a specific exemption from the no-load mode energy 
conservation standards for the products described above, the absence of 
any benefit in providing comment given that the rule incorporates the 
specific exemption created by the statutory provision, and the 
unnecessary delay that would follow were DOE to provide comment on a 
provision that it cannot alter, DOE finds that there is good cause 
under 5 U.S.C. 553(b)(B) to not provide prior notice and an opportunity 
for public comment on the actions outlined in this document. For these 
reasons, providing prior notice and an opportunity for public comment 
would, in this instance, be unnecessary and contrary to the public 
interest. For the same reason, DOE finds good cause pursuant to 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this 
rule.

III. Procedural Requirements

A. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''

    Today's final rule is not a ``significant regulatory action'' under 
any of the criteria set out in section 3(f) 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

[[Page 57898]]

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 General 
Counsel's Web site: http://www.gc.doe.gov. DOE today is revising the 
Code of Federal Regulations to incorporate, without substantive change, 
exemptions to energy conservation standards and related provisions 
prescribed by Public Law No. 111-360. 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 imposes no new information or recordkeeping 
requirements. Accordingly, Office of Management and Budget clearance is 
not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et 
seq.)

D. Review Under the National Environmental Policy Act of 1969

    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.

E. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism.'' 64 FR 43255 (Aug. 10, 1999) 
imposes certain requirements on Federal agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. EPCA governs and 
prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of today's proposed 
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) No 
further action is required by Executive Order 13132.

F. Review Under Executive Order 12988, ``Civil Justice Reform''

    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 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 UMRA 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, ``Governmental Actions and 
Interference With Constitutionally Protected Property Rights''

    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)

[[Page 57899]]

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 rulemaking 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, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use''

    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), Office of 
Management and Budget, 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

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, and Reporting 
and recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, and Small 
businesses.

    Issued in Washington, DC, on September 12, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
    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 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317.


0
2. Section 429.37 is amended by adding new paragraph (b)(2)(iii) to 
read as follows:


Sec.  429.37  Class A external power supplies.

* * * * *
    (b) * * *
    (2) * * *
    (iii) External power supplies that are exempt from no-load mode 
requirements under Sec.  430.32(w)(1)(iii): A statement that the 
product is designed to be connected to a security or life safety alarm 
or surveillance system component, the average active mode efficiency as 
a percent (%), the nameplate output power in watts (W), and if missing 
from the nameplate, the certification report must also include the 
output current in amperes (A) of the basic model or the output current 
in amperes (A) of the highest- and lowest-voltage models within the 
external power supply design family.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. 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
4. Section 430.2 is amended by adding the definition for ``Security or 
life safety alarm or surveillance system'' in alphabetical order to 
read as follows:


Sec.  430.2  Definitions.

* * * * *
    Security or life safety alarm or surveillance system means:
    (1) Equipment designed and marketed to perform any of the following 
functions (on a continuous basis):
    (i) Monitor, detect, record, or provide notification of intrusion 
or access to real property or physical assets or notification of 
threats to life safety.
    (ii) Deter or control access to real property or physical assets, 
or prevent the unauthorized removal of physical assets.
    (iii) Monitor, detect, record, or provide notification of fire, 
gas, smoke, flooding, or other physical threats to real property, 
physical assets, or life safety.
    (2) This term does not include any product with a principal 
function other than life safety, security, or surveillance that:
    (i) Is designed and marketed with a built-in alarm or theft-
deterrent feature; or
    (ii) Does not operate necessarily and continuously in active mode.
* * * * *

0
5. Section 430.32 is amended by revising paragraph (w)(1)(i) and adding 
paragraph (w)(1)(iii) to read as follows:


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

* * * * *
    (w) Class A external power supplies. (1)(i) Except as provided in 
paragraphs (w)(1)(ii) and (w)(1)(iii) of this section, all Class A 
external power supplies manufactured on or after July 1, 2008, shall 
meet the following standards:
    * * *
    (iii) Non-application of no-load mode requirements. The no-load 
mode energy efficiency standards established in paragraph (w)(1)(i) of 
this section shall not apply to an external power supply manufactured 
before July 1, 2017, that--
    (A) Is an AC-to-AC external power supply;
    (B) Has a nameplate output of 20 watts or more;
    (C) Is certified to the Secretary as being designed to be connected 
to a security or life safety alarm or surveillance system component; 
and
    (D) On establishment within the External Power Supply International 
Efficiency Marking Protocol, as referenced in the ``Energy Star Program

[[Page 57900]]

Requirements for Single Voltage External Ac-Dc and Ac-Ac Power 
Supplies'' (incorporated by reference, see Sec.  430.3), published by 
the Environmental Protection Agency, of a distinguishing mark for 
products described in this clause, is permanently marked with the 
distinguishing mark.
* * * * *
[FR Doc. 2011-23965 Filed 9-16-11; 8:45 am]
BILLING CODE 6450-01-P