[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Rules and Regulations]
[Pages 22587-22589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10440]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules 
and Regulations  

[[Page 22587]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2012-BT-STD-0045]
RIN 1904-AC87


Energy Conservation Program: Energy Conservation Standards for 
Ceiling Fan Light Kits

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

ACTION: Final rule.

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

SUMMARY: The U.S. Department of Energy (DOE) is publishing this final 
rule to amend the compliance date for energy conservation standards for 
ceiling fan light kits (CFLKs). The energy conservation standards for 
CFLKs were issued by DOE on January 6, 2016, and compliance with the 
standards was required on January 7, 2019. The ``Ceiling Fan Energy 
Conservation Harmonization Act,'' subsequently deemed the compliance 
date for DOE's CFLKs standards to be January 21, 2020, and required DOE 
to amend its regulation to reflect this requirement. DOE is also 
updating a cross-reference in the regulations that was mistakenly not 
updated when the ceiling fan energy conservation standards were 
codified.

DATES: This rule is effective May 16, 2018. The compliance date for the 
standards established for CFLKs is January 21, 2020.

FOR FURTHER INFORMATION CONTACT: 
    Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1604. Email: [email protected].
    Elizabeth Kohl, U.S. Department of Energy, Office of General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington DC 20585-0121. 
Telephone (202) 586-7796. Email: [email protected].

SUPPLEMENTARY INFORMATION: Title III, Part B of the Energy Policy and 
Conservation Act of 1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified), established the Energy Conservation Program for 
Consumer Products Other Than Automobiles. These products include CFLKs, 
the subject of this document. Section 325(ff)(5) of EPCA authorizes DOE 
to consider amended standards for CFLKs. On January 6, 2016 DOE 
promulgated an energy conservation standard for CFLKs with a compliance 
date of 3 years after the date of issuance, or January 7, 2019. Section 
325(ff)(5) required that the compliance date of the standards be at 
least 2 years after the date of issuance, and the 3 year lead time DOE 
specified in the final standards rule is consistent with other 
provisions of EPCA that require a 3-year lead time for some products. 
Section 325(ff)(6) of EPCA also authorizes DOE to consider amended 
standards for ceiling fans, as a separate product under the statute. 
DOE promulgated an energy conservation standard for ceiling fans on 
January 19, 2017. The compliance date for the ceiling fan standards 
rule is January 21, 2020. Section 325(ff)(6) did not have a similar 
provision regarding the compliance date for ceiling fan standards; 
however, as with the CFLK rule, the 3 year lead time DOE specified in 
the final standards rule is consistent with other provisions of EPCA 
that require a 3-year lead time for some products.
    After DOE's promulgation of final rules establishing energy 
conservation standards for CFLKs and Ceiling Fans, Congress enacted S. 
2030, the ``Ceiling Fan Energy Conservation Harmonization Act'' (``the 
Act''), which was signed into law as Public Law 115-161 on April 3, 
2018. The Act amended the compliance date for the CFLK standards to 
establish a single compliance date for the energy conservation 
standards for both CFLKs and ceiling fans. The Act also required that 
DOE, not later than 60 days after the date of enactment, make any 
technical and conforming changes to any regulation, guidance document, 
or procedure necessary to implement the changed compliance date. This 
action codifies Congress's revision of the compliance date for CFLKs in 
DOEs regulations at 10 CFR 430.32(s).
    DOE is also updating a cross reference in 10 CFR 430.32(s)(5), 
changing the reference to paragraph (s)(2) or (3) to paragraph (s)(3) 
or (4). Paragraph (s)(5) provides requirements for ceiling fan light 
kits other than those specified in the cross-referenced paragraphs, 
which were not updated when the new ceiling fan standards were codified 
as paragraph (s)(2).
    In light of the applicable statutory requirement enacted by 
Congress to deem the compliance date for CFLK standards to be January 
21, 2020, the absence of any benefit in providing comment given that 
the rule incorporates the specific requirement established by Public 
Law 115-161, 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 to implement Public 
Law 115-161. DOE similarly finds good cause under 5 U.S.C. 553(b)(B) to 
not provide prior notice and an opportunity for public comment on the 
update to the erroneous cross-reference. 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.

Procedural Requirements

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

    This 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, this 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 Executive Order 13771

    On January 30, 2017, the President issued Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' That Order 
stated the policy of the executive branch is to be prudent and 
financially responsible in the expenditure of funds, from both

[[Page 22588]]

public and private sources. The Order stated it is essential to manage 
the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations. This final 
rule is expected to be an E.O. 13771 deregulatory action.
    Additionally, on February 24, 2017, the President issued Executive 
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The Order 
required the head of each agency designate an agency official as its 
Regulatory Reform Officer (RRO). Each RRO oversees the implementation 
of regulatory reform initiatives and policies to ensure that agencies 
effectively carry out regulatory reforms, consistent with applicable 
law. Further, E.O. 13777 requires the establishment of a regulatory 
task force at each agency. The regulatory task force is required to 
make recommendations to the agency head regarding the repeal, 
replacement, or modification of existing regulations, consistent with 
applicable law. At a minimum, each regulatory reform task force must 
attempt to identify regulations that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) Are outdated, unnecessary, or ineffective;
    (iii) Impose costs that exceed benefits;
    (iv) Create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) Are inconsistent with the requirements of Information Quality 
Act, or the guidance issued pursuant to that Act, in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
    (vi) Derive from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    DOE concludes that this final rule is consistent with the 
directives set forth in these executive orders. Specifically, this 
final rule is a deregulatory action to implement Public Law 115-161, 
which amended the compliance date for the CFLK standards to establish a 
single compliance date for the energy conservation standards for both 
CFLKs and ceiling fans. This action is estimated to result in cost 
savings. Assuming a 7 percent discount rate, this final rule would 
yield annualized cost savings of approximately $0.29 million (2016$).

C. 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 General 
Counsel's website: http://www.gc.doe.gov. DOE is revising the Code of 
Federal Regulations to incorporate, without change, a revised 
compliance date prescribed by Public Law 115-161. Because this is a 
technical amendment for which a general notice of proposed rulemaking 
is not required, the analytical requirements of the Regulatory 
Flexibility Act do not apply to this rulemaking.

D. 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.)

E. 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.

F. 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 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) No 
further action is required by Executive Order 13132.

G. 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.

H. 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

[[Page 22589]]

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.

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, ``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.

K. 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) 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 this rulemaking 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, ``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.

M. 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).

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, Small 
businesses.

    Issued in Washington, DC, on May 9, 2018.
Daniel R. Simmons,
Principal Deputy Assistant Secretary, 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 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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


Sec.  430.32   [Amended]

0
2. Section 430.32 is amended by:
0
a. In paragraphs (s)(3), (4), (5), and (6), removing the language 
``January 7, 2019'' each place it appears and adding in its place 
``January 21, 2020''.
0
b. In paragraph (s)(5), removing the language ``paragraphs (s)(2) or 
(3)'' and adding in its place ``paragraph (s)(3) or (4)''.

[FR Doc. 2018-10440 Filed 5-15-18; 8:45 am]
 BILLING CODE 6450-01-P