[Federal Register Volume 84, Number 19 (Tuesday, January 29, 2019)]
[Rules and Regulations]
[Pages 437-443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00228]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / 
Rules and Regulations  

[[Page 437]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2019-BT-STD-0001]
RIN 1904-AE23


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 amendments.

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

SUMMARY: The Department of Energy (DOE) is publishing this final rule 
to amend its current regulations regarding certain aspects related to 
its energy conservation standards and scope of coverage for external 
power supplies. The contents of these technical amendments correspond 
with provisions enacted by Congress through the Power and Security 
Systems Act and EPS Improvement Act. DOE is also correcting a misprint 
related to a table detailing certain statutorily-prescribed 
requirements.

DATES: The effective date of this rule is January 29, 2019.

ADDRESSES: The docket, which includes Federal Register notices and 
other supporting documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the 
http://www.regulations.gov index.
    A link to the docket web page can be found at http://www.regulations.gov. The docket web page will contain simple 
instructions on how to access all documents, including public comments, 
in the docket.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, 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) 586-9870. Email: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-8145. Email: [email protected].
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Summary of This Action
III. Final Action
IV. Impacts
    A. Power and Security Systems Act Cost Impacts
    B. External Power Supply Improvement Act of 2017 Cost Impacts
V. Procedural Requirements
    A. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''
    B. Review Under Executive Orders 13771 and 13777
    C. Review Under the Regulatory Flexibility Act
    D. Review Under the Paperwork Reduction Act of 1995
    E. Review Under the National Environmental Policy Act of 1969
    F. Review Under Executive Order 13132, ``Federalism''
    G. Review Under Executive Order 12988, ``Civil Justice Reform''
    H. Review Under the Unfunded Mandates Reform Act of 1995
    I. Review Under the Treasury and General Government 
Appropriations Act, 1999
    J. Review Under Executive Order 12630, ``Governmental Actions 
and Interference With Constitutionally Protected Property Rights''
    K. Review Under the Treasury and General Government 
Appropriations Act, 2001
    L. Review Under Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, 
or Use''
    M. Congressional Notification
VI. Approval of the Office of the Secretary

I. Background

    The Power and Security Systems (``PASS'') Act, Public Law 115-78 
(November 2, 2017) and the EPS Improvement Act of 2017 (Pub. L. 115-
115) both amended certain aspects of the Energy Policy and Conservation 
Act, as amended (``EPCA''), Public Law 94-163. These recent amendments 
modified, among other things, the applicability of certain compliance 
deadlines related to external power supplies (``EPSs'') used in certain 
applications and aspects of the definition for external power supplies. 
Pursuant to the PASS Act, DOE is modifying its regulations regarding 
the non-application of no-load mode requirements by amending the text 
to explicitly state that the no-load requirements do not apply to 
certain external power supplies manufactured prior to the effective 
date of any amendment from a final rule published by DOE under 42 
U.S.C. 6295(u)(3)(D)(ii). That provision requires DOE to publish a 
final rule by July 1, 2021, that determines whether the standards in 
effect should be amended. If DOE amends those standards, the amended 
standards would apply to products manufactured starting on July 1, 
2023. With respect to the EPS Improvement Act, DOE is amending its 
external power supply definition by excluding certain categories of 
products--namely, those power supply circuits, drivers, or devices that 
are ``designed exclusively to be connected to, and power'' light-
emitting diodes (``LEDs'') providing illumination, organic light-
emitting diodes (``OLEDs'') providing illumination; or ceiling fans 
using direct current motors. See 42 U.S.C. 6291(36)(A)(ii) (as amended 
by the EPS Improvement Act).
    This document codifies in the Code of Federal Regulations (``CFR'') 
these revisions to EPCA. Additionally, to ensure consistency throughout 
its regulatory framework, DOE is also correcting a cross-reference in 
the certification requirements for external power supplies that appear 
in the CFR and making a correction regarding the description of the 
standards currently in place for Class A external power supplies. See 
10 CFR 429.37(b)(2)(iv) and 10 CFR 430.32(w)(1)(i). The rule corrects 
the internal cross-reference in 10 CFR 429.37(b)(2)(iv) to refer to 
Sec.  430.32(w)(5), which relates to certification requirements 
involving external power supplies that are exempt from the no-load mode 
requirements. The Class A external power supply-related correction 
addresses missing text describing the maximum energy consumption limit 
for Class A external

[[Page 438]]

power supplies with a nameplate output of not more than 250 watts by 
including (as already provided in the statute) a separate internal 
header denoting the ``No-Load Mode'' required for these types of 
external power supplies and adding internal column headers for the 
specified ``Nameplate Output'' and ``Maximum Consumption'' level. (EPCA 
does not have an efficiency requirement for Class A external power 
supplies with a no-load nameplate output exceeding 250 watts.) Without 
including this statutorily-prescribed explanatory text, the current 
value of 0.5 watts included in the current table listing the active 
mode energy efficiency/energy usage requirements may be unclear. This 
clarifying change would comport with the active mode requirements with 
the requirements already found in 42 U.S.C. 6295(u)(3)(A).

II. Summary of This Action

    DOE is placing the amendments described in the previous section 
(i.e., definitional changes, modified dates, and clarification) into 10 
CFR part 430 (``Energy Conservation Program for Certain Consumer 
Products''). 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, power supply circuits, drivers, and devices designed 
exclusively to be connected to and power three key categories of 
products--(1) light-emitting diodes providing illumination; (2) organic 
light-emitting diodes providing illumination; or (3) ceiling fans using 
direct current motors--are excluded from the external power supply 
definition. Additionally, the no-load mode standards will not apply to 
certain external power supplies certified to DOE as being designed to 
be connected to a security or life safety alarm and surveillance system 
component until the effective date of any amended standards that DOE 
publishes through a final rule in July 2021 regarding whether to amend 
the external power supply standards in place. Finally, DOE's current 
table listing the active mode standards for Class A external power 
supplies will match the statutory text.

III. Final Action

    DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior 
notice and an opportunity for public comment on this final rule are 
unnecessary. This rule inserts into the CFR, for the benefit of the 
public, the revised definitional provisions and timelines related to 
external power supplies prescribed by the PASS Act and EPS Improvement 
Act, corrects an internal cross-reference in DOE's certification 
regulations, and makes a clarification to bring the current regulatory 
text into conformity with the relevant statutory provision. DOE, 
therefore, finds that good cause exists to waive prior notice and an 
opportunity to comment for this rulemaking. For the same reasons, DOE, 
pursuant to 5 U.S.C. 553(d)(3), finds that good cause exists for making 
this final rule effective upon publication in the Federal Register.

IV. Impacts

    DOE has determined that the PASS Act and the EPS Improvement Act of 
2017 would result in costs savings to manufacturers of EPSs, LEDs, and 
ceiling fans. Consistent with OMB Circular A-4 and E.O. 13771, these 
changes would yield annualized cost savings of approximately $2.14 and 
$2.62 million (2016$), discounted at 3 and 7 percent, respectively.

A. Power and Security Systems Act Cost Impacts

    As described in section II, the PASS Act delays by six years a 
requirement that DOE determine whether to amend the standards in effect 
(i.e., from 2015 to 2021) and that the compliance date for any amended 
standards that DOE may decide to set be delayed from 2017 to 2023. 
Prior to the PASS Act, DOE was required to complete energy conservation 
standards for EPSs in 2015 that would have become effective in 2017. 
Due to the PASS Act, DOE is now required to complete energy 
conservation standards for EPSs by 2021 that will become effective in 
2023. This change, assuming that DOE decided to amend the current 
standards, would result in cost savings for EPS manufacturers. DOE 
estimated anticipated conversion costs for EPS manufacturers to comply 
with future amended EPS energy conservation standards and calculated 
the cost savings of delaying those estimated conversion costs by six 
years (i.e., from occurring in the years leading up to 2023 as opposed 
to in the years leading up to 2017).
    DOE published estimated conversion costs for the adopted EPS energy 
conservation standards and for efficiency levels higher than the 
adopted standards in the February 2014 Energy Conservation Standards 
(``ECS'') Final Rule for EPSs. 79 FR 7846, 7901-7904 (February 10, 
2014). As part of the February 2014 ECS Final Rule for EPSs, DOE 
adopted energy conservation standards at TSL 2 and estimated that EPS 
manufacturers would have to spend approximately $43.4 million (2012$) 
in conversion costs to comply with standards set at TSL 2, or $46.0 
million in 2016$. Additionally, DOE estimated conversion costs of more 
stringent standards. As part of that rulemaking DOE estimated that 
conversion costs at TSL 3, one TSL higher than the adopted standards, 
would be approximately $45.2 million (2012$), or $47.9 million in 
2016$.
    Based on these costs, DOE estimates conversion costs of future 
amended EPS energy conservation standards could be approximately $1.9 
million in 2016$. This delay of conversion costs by six years is 
calculated as cost savings to EPS manufacturers. DOE then calculated 
the net present value of delaying approximately $1.9 million in 
conversion costs by six years (leading up to 2023 instead of leading up 
to 2017).

B. External Power Supply Improvement Act of 2017 Cost Impacts

    As described in section II, the EPS Improvement Act of 2017 
excludes certain devices that would otherwise be considered as EPSs 
from the EPS definition when they are used in LEDs providing 
illumination, OLEDs providing illumination, and ceiling fans using 
direct current motors from the EPS energy conservation standards. This 
change results in cost savings for LED, OLED, ceiling fan, and EPS 
manufacturers since these devices will no longer be required to meet 
the current energy conservation standards for EPSs. As a result, 
manufacturers of these devices will no longer need to redesign any 
existing EPS models that may have failed to meet the current EPS 
standards. Manufacturers also are not required to test and certify any 
products exempt from the EPS definition when introducing them into the 
market in the future.
    DOE estimated the number of LED, OLED, and ceiling fan models that 
would be affected by this statutory change because manufacturers would 
no longer need to redesign them to accommodate the EPS standards. DOE 
also used data from the February 2014 ECS Final Rule for EPSs and data 
from DOE's Compliance Certification Database to estimate the average 
EPS revenue per model to be approximately $126,000 in 2016$.\1\ DOE 
then estimated

[[Page 439]]

the per model capital conversion costs and per model product conversion 
costs to be approximately $10,600 and $9,600 respectively.\2\ DOE then 
calculated the estimated percentage of EPS models that need to be 
converted to meet the February 2014 ECS Final Rule for EPSs for the 
product class based on the 18W AC-DC, Basic Voltage representative unit 
to be 90.2 percent.\3\ Lastly, DOE estimated that there would be 
approximately 752 LED and OLED models and 131 ceiling fans models using 
these EPSs.\4\ Therefore, DOE estimated that manufacturers would have 
had to spend approximately $13.7 million in conversion costs for EPSs 
used in LEDs and OLEDs \5\ and an additional $2.4 million in conversion 
costs for EPSs used in ceiling fans with direct current motors.\6\
---------------------------------------------------------------------------

    \1\ DOE calculated there were 9,027 EPS models certified in 
DOE's Compliance Certification Database as of March 26, 2018 
(https://www.regulations.doe.gov/certification-data).
    The Government Regulatory Impact Model (``GRIM'') published as 
part of the February 2014 ECS Final Rule (https://www.regulations.gov/docket?D=EERE-2008-BT-STD-0005) estimated the 
annual EPS revenue for TSL 2, the adopted TSL, was approximately 
$1.076 billion (2012$) in the year 2018, which is approximately 
$1.140 billion in 2016$.
    \2\ DOE estimated that EPS manufacturers spend approximately 4.2 
percent of annual revenue on capital expenditures and approximately 
3.8 percent of annual revenue on research and development (taken 
from the published GRIM, located https://www.regulations.gov/docket?D=EERE-2008-BT-STD-0005). Therefore, DOE estimated the annual 
per model capital expenditures of an EPS model to be approximately 
$5,300 ($126,255 x 4.2%) and the annual per model research and 
development costs of an EPS model to be approximately $4,800 
($126,255 x 3.8%). Lastly, as part of the February 2014 ECS Final 
Rule for EPSs, DOE estimated that EPS manufacturers would spend an 
amount equal to the per model capital expenditures and per model 
research and development each year over the two-year EPS conversion 
period on capital conversion costs and product conversion costs 
respectively to comply with amended energy conservation standards 
for EPSs.
    \3\ DOE assumed that the vast majority of LED, OLED, and ceiling 
fan EPSs would fall in this product class.
    \4\ Estimates for the number of LED and OLED models using EPSs 
come from Navigant Consulting's lighting database used in support of 
the General Services Lamps energy conservation rulemaking (81 FR 
14528). Estimates for the number of ceiling fan models using EPSs 
come from DOE's Compliance Certification Database for ceiling fans 
(https://www.regulations.doe.gov/certification-data) checked on 
March 26, 2018.
    \5\ The number of LED and OLED models using EPSs (757) 
multiplied by the percentage of models that would have been required 
to be converted to meet the current EPS standards (90.2 percent) 
multiplied by the per EPS model conversion costs ($20,200, a 
combination of capital and product conversion costs).
    \6\ The number of ceiling fan models using EPSs (131) multiplied 
by the percentage of models that would have been required to be 
converted to meet the current EPS standards (90.2 percent) 
multiplied by the per EPS model conversion costs ($20,200, a 
combination of capital and product conversion costs).
---------------------------------------------------------------------------

    In addition to conversion costs avoided, manufacturers will not 
incur ongoing testing and certification costs when new models falling 
within the scope of the statutory definitional changes are introduced 
into the market. DOE used the estimated testing time per EPS model 
published in the August 2015 TP Final Rule for EPSs 80 FR 51424 (August 
25, 2015) and an average wage rate based on data from the Bureau of 
Labor Statistics and U.S. Census Bureau's Annual Survey of 
Manufacturers \7\ to calculate total testing costs absent the adoption 
of the EPS Improvement Act of 2017. Based on these estimates, DOE 
estimated a per model cost of approximately $154 for manufacturers to 
conduct testing to comply with the current EPS test procedure.
---------------------------------------------------------------------------

    \7\ Wage rate is based on the mean hourly wage rate of 
Electrical and Electronics Engineering Technicians, May 2016 
(https://www.bls.gov/oes/current/oes173023.htm).
    Total benefits ratio is based on data from the U.S. Census 
Bureau's 2016 Annual Survey of Manufacturers, using Annual Payroll 
and Total Fringe Benefits values specific to NAICS code 335999 (All 
Other Miscellaneous Electrical Equipment and Component 
Manufacturing). https://factfinder.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t.
---------------------------------------------------------------------------

    DOE also estimated the production design cycle of EPSs used in LEDs 
and OLEDs and of EPSs used in ceiling fans. DOE used these estimates 
and the per model testing costs to calculate the average annual testing 
cost of EPSs used in LEDs and OLEDs, estimated at approximately 
$58,000, and the average annual testing cost of EPSs used in ceiling 
fans with direct current motors, estimated at approximately $5,700, 
absent the adoption of the EPS Improvement Act of 2017.
    In addition to testing costs avoided, DOE calculated annual 
certification costs avoided by not having to certify the energy 
efficiency performance of those devices that are no longer considered 
as EPSs when used in LEDs, OLEDs, and ceiling fans with direct current 
motors using the DOE's EPS test procedure. DOE estimated the number of 
LED, OLED, and ceiling fan manufacturers producing products using these 
now excluded devices. DOE also estimated the annual certification 
burden of these manufacturers to introduce new models every year. DOE 
estimated annual certification costs of approximately $700,000 for 
these devices when used in LEDs or OLEDs, and annual certification 
costs of approximately $945,000 for these devices when used in ceiling 
fans with direct current motors absent the adoption of the EPS 
Improvement Act of 2017.

V. Procedural Requirements

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

    This final rule is a ``significant regulatory action'' under 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 subject to review by the Office of Information and 
Regulatory Affairs (``OIRA'') in the Office of Management and Budget 
(``OMB'').

B. Review Under Executive Orders 13771 and 13777

    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 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

[[Page 440]]

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.
    The PASS Act and the EPS Improvement Act of 2017 delay DOE 
consideration of standards and exclude certain power supplies from the 
regulations for EPSs. This rule incorporates the provisions of these 
acts into the CFR. The resulting cost savings are due to ongoing 
avoided testing costs and certification costs for excluded power 
supplies; the interest on upfront conversion costs delayed by the PASS 
Act from 2017 to 2023; and one-time avoided conversion costs for 
excluded power supplies. Excluded power supplies include EPSs used in 
LEDs, OLEDs, and ceiling fans with direct current motors.

                    Table V.1--Annualized Cost Savings by Source and Analytical Time Horizon
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost savings
                                                                                               (millions 2016$,
             Cost savings                         Source                   Time horizon          discounted in
                                                                                               perpetuity at 7%)
----------------------------------------------------------------------------------------------------------------
Avoided Testing Costs................  EPS Improvement Act.........  Perpetual..............             ($0.06)
Avoided Certification Costs..........  EPS Improvement Act.........  Perpetual..............              (1.54)
Delayed Conversion Costs.............  PASS Act....................  2017-2022..............              (0.04)
Excluded EPS Conversion Costs........  EPS Improvement Act.........  One-time (2018)........              (0.98)
----------------------------------------------------------------------------------------------------------------

    DOE concludes that this final rule is consistent with the 
directives set forth in these executive orders. Assuming a 7 percent 
discount rate, the final rule yields annualized cost savings of 
approximately $2.62 million (2016$). Therefore, this final rule is an 
Executive Order 13771 deregulatory action.

     Table V.2--Summary of Cost Savings for the PASS Act and the EPS
                         Improvement Act of 2017
------------------------------------------------------------------------
                                           Present value
                Category                     (million      Discount rate
                                              2016$)         (percent)
------------------------------------------------------------------------
PASS Act Cost Savings...................           (0.6)               7
EPS Improvement Act of 2017 Cost Savings          (36.9)               7
Total Net Cost Impact...................          (37.5)               7
------------------------------------------------------------------------


 Table V.3--Summary of Annualized Cost Impacts for the PASS Act and the
                       EPS Improvement Act of 2017
------------------------------------------------------------------------
                                           Annual value
                Category                     (million      Discount rate
                                              2016$)         (percent)
------------------------------------------------------------------------
PASS Act Annualized Cost Savings........          (0.04)               7
EPS Improvement Act of 2017 Annualized            (2.58)               7
 Cost Savings...........................
Total Net Annualized Cost Impact........          (2.62)               7
------------------------------------------------------------------------

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://energy.gov/gc/office-general-counsel. This 
rule revises the Code of Federal Regulations to incorporate, without 
substantive change, statutorily-imposed definitional changes affecting 
coverage under current energy conservation standards, applicable 
timelines related to certain rulemaking requirements, and related 
provisions prescribed by Public Law 115-78 and Public Law 115-115, 
along with a separate correction to reflect the current language found 
in the statute. 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.

D. Review Under the Paperwork Reduction Act of 1995

    This rulemaking imposes no new information or record keeping 
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

    In this rule, DOE is incorporating requirements prescribed by the 
PASS Act and EPS Improvement Act and preexisting statutory language. 
DOE has determined that this rule falls into a class of actions that 
are categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, this rule is strictly 
procedural and, therefore, would not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A6 
under 10 CFR part 1021, subpart D, which applies to procedural 
rulemakings. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

[[Page 441]]

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

    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. 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) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. (Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
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.

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) 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 this final rule 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 promulgates 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.

[[Page 442]]

This final rule, which incorporates recently-enacted statutory 
provisions into DOE's regulations and makes specific corrections in 
conformity with the current statutory text, 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).

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 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, Incorporation 
by reference, and Small businesses.

    Signed in Washington, DC, on January 18, 2019.
Daniel R. Simmons,
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 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; 28 U.S.C. 2461 note.


0
2. Section 429.37 is amended by revising paragraph (b)(2)(iv) to read 
as follows:


Sec.  429.37   External power supplies.

* * * * *
    (b) * * *
    (2) * * *
    (iv) External power supplies that are exempt from no-load mode 
requirements under Sec.  430.32(w)(5) of this chapter: 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 percentage (%), 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 revising the definition for ``External 
power supply'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    External power supply means an external power supply circuit that 
is used to convert household electric current into DC current or lower-
voltage AC current to operate a consumer product. However, the term 
does not include a power supply circuit, driver, or device that is 
designed exclusively to be connected to, and power--
    (1) Light-emitting diodes providing illumination;
    (2) Organic light-emitting diodes providing illumination; or
    (3) Ceiling fans using direct current motors.
* * * * *

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


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

* * * * *
    (w) External power supplies. (1)(i) Except as provided in 
paragraphs (w)(2) and (5) of this section, all class A external power 
supplies manufactured on or after July 1, 2008, shall meet the 
following standards:

------------------------------------------------------------------------
                               Active mode
-------------------------------------------------------------------------
                                           Required efficiency (decimal
            Nameplate output               equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt.......................  0.5 times the Nameplate output.
From 1 watt to not more than 51 watts..  The sum of 0.09 times the
                                          Natural Logarithm of the
                                          Nameplate Output and 0.5.
Greater than 51 watts..................  0.85.
------------------------------------------------------------------------
                              No-load mode
------------------------------------------------------------------------
            Nameplate output                   Maximum consumption
------------------------------------------------------------------------
Not more than 250 watts................  0.5 watts.
------------------------------------------------------------------------

* * * * *

[[Page 443]]

    (5) Non-application of no-load mode requirements. The no-load mode 
energy efficiency standards established in paragraph (w)(1) of this 
section shall not apply to an external power supply that--
* * * * *
[FR Doc. 2019-00228 Filed 1-28-19; 8:45 am]
 BILLING CODE 6450-01-P