[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Notices]
[Pages 51931-51933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22373]



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DEPARTMENT OF ENERGY

Energy Efficiency and Renewable Energy

[Case Number 2018-001]


Energy Conservation Program: Notice of Application From Aero-Tech 
Light Bulb Co. for a Small Business Exemption From the Department of 
Energy's Rough Service Lamps Energy Conservation Standards

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

ACTION: Notice of application for a small business exemption and 
request for public comment.

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SUMMARY: This notice announces the receipt of and publishes an 
application for a small business exemption submitted by Aero-Tech Light 
Bulb Co. (Aero-Tech) requesting an exemption from the U.S. Department 
of Energy (DOE) rough service lamp energy conservation standards. 
Specifically, the application requests a two-year exemption from 
compliance with the standards beginning on January 25, 2018, the 
compliance date for the standards. DOE is publishing the non-
confidential portion of Aero-Tech's application and soliciting 
comments, data, and information concerning the application.

DATES: Written comments and information are requested and will be 
accepted on or before December 14, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
Case Number ``2018-001,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include Case No. 
2018-001 in the subject line of the message.
     Postal Mail: Dr. Stephanie Johnson, U.S. Department of 
Energy, Building Technologies Office, Mailstop EE-5B, Small Business 
Exemption Case No. 2018-001, 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.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. If possible, please 
submit all items on a CD, in which case it is not necessary to include 
printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section IV of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://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.
    The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2018-BT-PET-0016. The docket web page contains simple 
instruction on how to access all documents, including public comments, 
in the docket. See section IV for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Johnson, U.S. Department 
of Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 
287-1943. Email: [email protected].
    Ms. Celia Sher, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 287-6122. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (EPCA),\1\ Public 
Law 94-163 (42 U.S.C. 6291-6317, as codified), among other things, 
authorizes the U.S. Department of Energy (DOE) to regulate the energy 
efficiency of a number of consumer products and industrial equipment. 
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 for 
certain types of consumer products. These products include rough 
service lamps, the focus of this document (42 U.S.C. 6295(l)(4)(A)).
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    \1\ All references to EPCA in this document 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 as Part A.
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    Under EPCA, DOE's 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 EPCA 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).
    Pursuant to 42 U.S.C. 6295(l)(4), DOE is required to collect unit 
sales data for calendar years 2010 through 2025, in consultation with 
the National Electrical Manufacturers Association (NEMA), for rough 
service, shatter-resistant, 3-way incandescent lamps, 2,601-3,300 lumen 
general service incandescent lamps, and vibration service lamps. For 
each of these five lamp types, DOE, in consultation with NEMA, must 
also construct a model based on coincident economic indicators that 
closely match the historical annual growth rates of each lamp type to 
provide a neutral comparison benchmark estimate of future unit sales 
(42 U.S.C. 6295(l)(4)(B). Section 321(a)(3)(B) of the Energy 
Independence and Security Act of 2007 (EISA 2007) in part amends 
paragraph 325(l) of EPCA by adding paragraphs (4)(D) through (H), which 
direct DOE to initiate an accelerated rulemaking to establish an energy 
conservation standard for these lamps if the actual annual unit sales 
of any of the lamp types in any year between 2010 and 2025 exceed the 
benchmark estimate of unit sales by at least 100 percent (i.e., are 
greater than 200 percent of the anticipated sales) (42 U.S.C. 
6295(l)(4)(D)-(H)). If the Secretary of Energy (Secretary) does not 
complete the accelerated rulemakings within one year from the end of 
the previous calendar year during which predicted sales were exceeded, 
there is a ``backstop requirement'' for each lamp type, which would 
establish, by statute, energy conservation standard levels and related 
requirements. Id.
    DOE published a notice of data availability in April 2016, which 
indicated that the shipments of vibration service lamps were over 7 
million units in 2015. 81 FR 20261, 20263 (April 7, 2016; April 2016 
NODA). This equates to 272.5 percent of the benchmark estimate, which 
was 2,594,000 units. Id. Therefore, vibration service lamps exceeded 
the statutory

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threshold for the first time, thus triggering an accelerated rulemaking 
to be completed no later than December 31, 2016. Id.
    Furthermore, NEMA submitted revised data for rough service lamps 
following the publication of the April 2016 NODA. The revised data 
showed sales of 10,914,000 rough service lamps in 2015, which exceeded 
100% of the benchmark estimate of 4,967,000 units for 2015. This 
resulted in a requirement for DOE to initiate an accelerated rulemaking 
for rough service lamps. In an October 2016 notice of proposed 
definition and data availability, DOE indicated it must conduct an 
energy conservation standards rulemaking for rough service lamps to be 
completed no later than the end of the 2016 calendar year. 81 FR 71794, 
71800 (Oct. 18, 2016).
    Since unit sales for vibration service lamps and rough service 
lamps exceeded 200 percent of the benchmark estimates in 2015, and DOE 
did not complete an energy conservation standards rulemaking for these 
lamps by the end of calendar year 2016, the backstop requirements were 
triggered.
    For rough service lamps, the backstop requires the lamps to: (1) 
Have a shatter-proof coating or equivalent technology that complies 
with NSF/ANSI 51 and is designed to contain the glass if the glass 
envelope of the lamp is broken and to provide effective containment 
over the life of the lamp; (2) have a maximum 40-watt limitation; and 
(3) be sold at retail only in a package containing one lamp (42 U.S.C. 
6295(l)(4)(D)(ii)). DOE codified this statutory backstop requirement at 
10 CFR 430.32(bb), which became effective January 25, 2018. 82 FR 60845 
(Dec. 26, 2017).

II. Aero-Tech Application for a Small Business Exemption

    Aero-Tech submitted an application, pursuant to Subpart E of 10 CFR 
part 430, requesting a two-year small business exemption from the DOE 
rough service lamps energy conservation standards found in 10 CFR 
430.32(bb). Aero-Tech is asking for an exemption from the standards on 
the basis of its status as a small business. According to Aero-tech, 
failure to receive a small business exemption would likely result in a 
lessening of competition in the market for lighting companies.
    Under 42 U.S.C. 6295(t), DOE may grant a temporary exemption from 
an applicable energy conservation standard to a manufacturer if DOE 
finds that the annual gross revenues of such manufacturer from all its 
operations (including the manufacture and sale of covered products) 
does not exceed $8,000,000 for the 12-month period preceding the date 
of the application. In making this finding, DOE must account for the 
annual gross revenues of any other person who controls, is controlled 
by, or is under common control with, such manufacturer (42 U.S.C. 
6295(t)(1)). The Secretary may not grant an exemption with respect to 
any type (or class) of covered product subject to an energy 
conservation standard unless the Secretary finds, after obtaining the 
written views of the Attorney General, that a failure to allow an 
exemption would likely result in a lessening of competition. (42 U.S.C. 
6295(t)(2)) See also, subpart E of 10 CFR part 430.

III. Consultations With Other Agencies

    The notice of Aero-Tech's application for exemption will be 
transmitted to the Attorney General by the Secretary along with: (a) A 
statement of the facts and of the reasons for the exemption, and (b) 
copies of all documents submitted. 10 CFR 430.54.

IV. Request for Comments

    Through this notice, DOE announces receipt of Aero-Tech's 
application for a small business exemption from the rough service lamps 
energy conservation standards found in 10 CFR 430.32(bb), pursuant to 
Subpart E of 10 CFR part 430. DOE is publishing the non-confidential 
portion of Aero-Tech's application in this notice. DOE invites all 
interested parties to submit in writing by December 14, 2018, comments 
and information on all aspects of the application.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through http://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.

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    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Signed in Washington, DC, on October 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

May 23, 2018

Ashley Armstrong
U.S. Department of Energy
Small Business Exemptions, Appliance Standards Program
Mailstop EE-5B
1000 Independence Avenue, SW
Washington, DC 20585

RE: Application for Small Business Exemption for Rough Service Bulbs

    10 CFR430.32 (bb)
    1) Applicant name is Aero-Tech Light Bulb Co., 534 Pratt Avenue, 
Schaumburg, IL 60193
    2) We are applying for exemption of 10 CFR430.32 (bb)
    3) Ray and Kathy Schlosser started Aero-Tech Light Bulb Co. in 
1987 as a specialty 20,000 hour Rough Service Bulb Co. . After Osram 
Sylvania sold their Co to the Chinese in 2016, the Chinese did not 
wish to supply raw materials to my small factory in South Carolina; 
therefore I had to start importing Rough Service Light Bulbs from 
China. As of today my rough service light bulbs come from Everlite 
(H.K.) Ltd. In China, they are my Supplier.
    4) Due to the ban on rough service light bulbs until January of 
2020 that the Department of Energy was enforcing, I put together a 
business plan to implement my new LED bulb line with the time frame 
of getting my LED bulbs off and running by January of 2020 where it 
could replace the incandescent sales. Therefore we are asking for an 
exemption until January 25, 2020 because without it we won't be in 
business and we will have to close our doors. If we don't continue 
to sell it will reduce the competition and eliminate ourselves as a 
player as we are a competitor of a number of Lighting Companies.
    5) Our 2016 and 2017 tax return is attached for your review
    6) Failure to grant this exemption would mean that our sales 
would decrease further. We need our Incandescent line to continue to 
maintain our Revenues in addition to the LED line of products. 
Without these bulbs we will lose a good portion of our customer 
base. We would lose 70% of our business.
    If you require any additional information, please feel free to 
contact me at the below email address or call me direct at 847-352-
4900, press 0 to Page Ray. We urgently await your reply we are out 
of stock on a number of key items that we need to reorder.

Sincerely,

Ray M. Schlosser,

President.

[FR Doc. 2018-22373 Filed 10-12-18; 8:45 am]
BILLING CODE 6450-01-P