[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Proposed Rules]
[Pages 73737-73739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29166]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 78, No. 236 / Monday, December 9, 2013 / 
Proposed Rules  

[[Page 73737]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2013-BT-STD-0051]
RIN 1904-AD09


Energy Efficiency Program for Consumer Products: Energy 
Conservation Standards for General Service Lamps

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

ACTION: Notice of public meeting and availability of the Framework 
Document.

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SUMMARY: The U.S. Department of Energy (DOE) is initiating this 
rulemaking and data collection process to consider new and amended 
energy conservation standards for products included in the definition 
of general service lamps (GSLs). To inform interested parties and to 
facilitate this process, DOE has prepared a Framework Document that 
details the analytical approach and preliminary scope of coverage for 
the rulemaking, and identifies several issues on which DOE is 
particularly interested in receiving comments. DOE will hold a public 
meeting to discuss and receive comments on its planned analytical 
approach and the issues it will address in this rulemaking proceeding. 
DOE welcomes written comments and relevant data from the public on any 
subject within the scope of this rulemaking. A copy of the Framework 
Document is available at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=82.

DATES: Meeting: DOE will hold a public meeting on Tuesday, January 14, 
2014 from 9:00 a.m. to 2:00 p.m. in Washington, DC.
    DOE must receive requests to speak at the public meeting before 
4:00 p.m., Wednesday, January 1, 2014. DOE must receive an electronic 
copy of the statement with the name and, if appropriate, the 
organization of the presenter to be given at the public meeting before 
4:00 p.m., Wednesday, January 8, 2014.
    Comments: DOE will accept written comments, data, and information 
regarding the Framework Document before and after the public meeting, 
but no later than January 23, 2014.

ADDRESSES: DOE plans to conduct the public meeting via webinar. You may 
attend the public meeting via webinar, and registration information, 
participant instructions, and information about the capabilities 
available to webinar participants will be published on DOE's Web site 
at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=82.
    Participants are responsible for ensuring their systems are 
compatible with the webinar software.
    The public meeting will be held at the U.S. Department of Energy, 
Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Please note that foreign nationals planning 
to participate in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed. Please note that any person 
wishing to bring a laptop computer into the Forrestal Building will be 
required to obtain a property pass. Visitors should avoid bringing 
laptops, or allow an extra 45 minutes.
    Interested parties are encouraged to submit comments 
electronically. However, comments may be submitted by any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: [email protected]. Include docket number 
EERE-2013-BT-STD-0051 and/or regulatory identification number (RIN) 
1904-AD09 in the subject line of the message. All comments should 
clearly identify the name, address, and, if appropriate, organization 
of the commenter. Submit electronic comments in WordPerfect, Microsoft 
Word, PDF, or ASCII file format, and avoid the use of special 
characters or any form of encryption.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, Framework 
Document for General Service Lamps, Docket No. EERE-2013-BT-STD-0051 
and/or RIN 1904-AD09, 1000 Independence Avenue SW., Washington, DC 
20585-0121. If possible, please submit all items on a compact disc 
(CD), in which case it is not necessary to include printed copies. 
[Please note that comments sent by mail are often delayed and may be 
damaged by mail screening processes.]
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant 
Plaza SW., Washington, DC 20024. Telephone: (202) 586-2945. If 
possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    Instructions: All submissions received must include the agency name 
and docket number and/or RIN for this rulemaking. No telefacsimilies 
(faxes) will be accepted.
    Docket: The docket is available for review at www.regulations.gov, 
and will include Federal Register notices, framework document, notice 
of proposed rulemaking, public meeting attendee lists and transcripts, 
comments, and other supporting documents/materials throughout the 
rulemaking process. The regulations.gov Web page contains simple 
instructions on how to access all documents, including public comments, 
in the docket. The docket can be accessed by searching for docket 
number EERE-2013-BT-STD-0051 on the regulations.gov Web site. All 
documents in the docket are listed in the www.regulations.gov index. 
However, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    For information on how to submit a comment, review other public 
comments and the docket, or participate in the public meeting, contact 
Ms. Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT:

Ms. Lucy deButts, 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.

[[Page 73738]]

Telephone: (202) 287-1604. Email: [email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6122. Email: [email protected].

    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
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) 586-2945. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Title III, Part B \1\ of the Energy Policy 
and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163, (42 
U.S.C. 6291-6309, as codified) established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program 
covering major household appliances (collectively referred to as 
``covered products'').\2\ EPCA authorizes DOE to establish 
technologically feasible, economically justified energy conservation 
standards for covered products that would be likely to result in 
significant national energy savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)-
(VII)) Subsequent amendments expanded Title III of EPCA to include 
additional consumer products, including GSLs--the products that are the 
focus of this document. In particular, amendments to EPCA in the Energy 
Independence and Security Act of 2007 (EISA) directed DOE to conduct 
two rulemaking cycles to evaluate energy conservation standards for 
GSLs. (42 U.S.C. 6295(i)(6)(A)-(B))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
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    For the first rulemaking cycle, EPCA, as amended by EISA, directs 
DOE to initiate a rulemaking no later than January 1, 2014 to evaluate 
standards for GSLs and determine whether exemptions for certain 
incandescent lamps should be maintained or discontinued. (42 U.S.C. 
6295(i)(6)(A)(i)) The scope of the rulemaking is not limited to 
incandescent lamp technologies. (42 U.S.C. 6295(i)(6)(A)(ii)) The EISA 
amendments to EPCA further require that if standards are to be 
established for GSLs, a final rule must be published by January 1, 2017 
with a compliance date at least 3 years after the date on which the 
final rule is published. (42 U.S.C. 6295(i)(6)(A)(iii)) Additionally, 
the requirements direct DOE to consider phased-in compliance dates 
based on the impact of amending standards on manufacturers, retiring 
and repurposing existing equipment, stranded investments, labor 
contracts, workers, raw materials, and time needed to revise sales and 
marketing strategies. (42 U.S.C. 6295(i)(6)(A)(iv))
    Further, for this first cycle of rulemaking, the EISA amendments 
provide that DOE must consider a minimum standard of 45 lumens per watt 
(lm/W). (42 U.S.C. 6295(i)(6)(A)(ii)) If DOE fails to meet the 
requirements of 42 U.S.C. 6295(i)(6)(A)(i)-(iv), or the final rule from 
the first rulemaking cycle does not produce savings greater than or 
equal to the savings from a minimum efficacy standard of 45 lm/W, sales 
of GSLs that do not meet the minimum 45 lm/W standard beginning on 
January 1, 2020 will be prohibited. (42 U.S.C. 6295(i)(6)(A)(v)) 
Additionally, state preemption requirements are specified for 
California and Nevada. Namely, beginning January 1, 2018, no provision 
of law shall preclude these states from adopting: (1) A final rule 
adopted in accordance with 42 U.S.C. 6295(i)(6)(A)(i)-(iv); (2) the 
minimum efficacy standard of the backstop requirement (45 lm/W) if no 
final rule was adopted; or (3) for the state of California, any 
California regulations related to the covered products adopted pursuant 
to State statue in effect as of the date of enactment of EISA. 42 
U.S.C. 6295(i)(6)(A)(vi)
    The EISA-prescribed amendments direct DOE to initiate a second 
rulemaking cycle by January 1, 2020 to determine whether standards in 
effect for GSILs should be amended with more stringent requirements and 
if the exemptions for certain incandescent lamps should be maintained 
or discontinued. (42 U.S.C. 6295(i)(6)(B)(i)) For this second review of 
energy conservation standards, the scope is not limited to incandescent 
lamp technologies. (42 U.S.C. 6295(i)(6)(B)(ii)) The EISA amendments 
require that if standards are to be amended for GSILs, a final rule 
must be published by January 1, 2022 with a compliance date at least 3 
years after the date on which the final rule is published. (42 U.S.C. 
6295(i)(6)(B)(iii)) These amendments also direct DOE to consider 
phased-in compliance dates for the second round of review based on the 
impact of amending standards on manufacturers, retiring and repurposing 
existing equipment, stranded investments, labor contracts, workers, raw 
materials, and time needed to revise sales and marketing strategies. 
(42 U.S.C. 6295(i)(6)(B)(iv))
    Additionally, this rulemaking satisfies the requirements under 42 
U.S.C. 6295(m)(1) for DOE to review the existing standards for medium 
base compact fluorescent lamps (MBCFLs), as compact fluorescent lamps 
are included in the definition of GSL. The Energy Policy Act of 2005 
(EPAct 2005) amended EPCA by establishing energy conservation standards 
for MBCFLs. Under 42 U.S.C. 6295(m)(1), within 6 years after issuance 
of any final rule establishing or amending a standard, DOE is required 
to publish a notice determining whether to amend such standards. If DOE 
determines that amendment is warranted, DOE must also issue a notice of 
proposed rulemaking including new proposed energy conservation 
standards by that same date. (42 U.S.C. 6295(m)(l))
    DOE prepared the Framework Document to explain the relevant issues, 
analyses, and processes it anticipates using when considering new and 
amended energy conservation standards for products included in the 
definition of GSLs. The focus of the public meeting noted above will be 
to discuss the information presented and issues identified in the 
Framework Document. At the public meeting, DOE will make presentations 
and invite discussion on the rulemaking process as it applies to GSLs. 
DOE will also solicit comments, data, and information from participants 
and other interested parties.
    DOE is planning to conduct in-depth technical analyses in the 
following areas: (1) Engineering; (2) energy use; (3) product price; 
(4) life-cycle cost and payback period; (5) national impacts; (6) 
manufacturer impacts; (7) emission impacts; (8) utility impacts; (9) 
employment impacts; and (10) regulatory impacts. DOE will also conduct 
several other analyses that support those previously listed, including 
the market and technology assessment, the screening analysis (which 
contributes to the engineering analysis), and the shipments analysis 
(which contributes to the national impact analysis).
    DOE encourages those who wish to participate in the public meeting 
to obtain the Framework Document and to be prepared to discuss its 
contents. A copy of the Framework Document is available at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=82.
    Public meeting participants need not limit their comments to the 
issues identified in the Framework Document.

[[Page 73739]]

DOE is also interested in comments on other relevant issues that 
participants believe would affect energy conservation standards for 
these products, applicable test procedures, or the preliminary 
determination on the scope of coverage. DOE invites all interested 
parties, whether or not they participate in the public meeting, to 
submit in writing by January 23, 2014, comments and information on 
matters addressed in the Framework Document and on other matters 
relevant to DOE's consideration of coverage of and standards for GSLs.
    The public meeting will be conducted in an informal, facilitated, 
conference style. There shall be no discussion of proprietary 
information, costs or prices, market shares, or other commercial 
matters regulated by U.S. antitrust laws. A court reporter will record 
the proceedings of the public meeting, after which a transcript will be 
available for purchase from the court reporter and placed on the DOE 
Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=82.
    After the public meeting and the close of the comment period on the 
Framework Document, DOE will collect data, conduct the analyses as 
discussed in the Framework Document and at the public meeting, and 
review the public comments it receives.
    DOE considers public participation to be a very important part of 
the process for determining whether to establish or amend energy 
conservation standards and, if so, in setting those standards. DOE 
actively encourages the participation and interaction of the public 
during the comment period at each stage of the rulemaking process. 
Beginning with the Framework Document, and during each subsequent 
public meeting and comment period, interactions with and among members 
of the public provide a balanced discussion of the issues to assist DOE 
in the standards rulemaking process. Accordingly, anyone who wishes to 
participate in the public meeting, receive meeting materials, or be 
added to the DOE mailing list to receive future notices and information 
about this rulemaking should contact Ms. Brenda Edwards at (202) 586-
2945, or via email at [email protected].

    Issued in Washington, DC, on December 2, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-29166 Filed 12-6-13; 8:45 am]
BILLING CODE 6450-01-P