[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Rules and Regulations]
[Pages 54329-54330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18863]
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DEPARTMENT OF ENERGY
10 CFR Part 429
[EERE-2012-BT-STD-0045]
RIN 1904-AE90
Energy Conservation Program for Appliance Standards:
Certification for Ceiling Fan Light Kits, General Service Incandescent
Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces
and Boilers, Consumer Water Heaters, Dishwashers, and Commercial
Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps;
Correction
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Correcting amendments.
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SUMMARY: On July 22, 2022, the U.S. Department of Energy (``DOE'')
published a final rule that amended the certification provisions for
ceiling fan light kits (``CFLKs''), in addition to several other
covered products. This document corrects an error in the amended
regulatory text for CFLKs as it appeared in the final rule. Neither the
error nor the correction in this document affect the substance of the
rulemaking or any conclusions reached in support of the final rule.
DATES: Effective September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, 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) 287-5904. Email: [email protected].
Ms. Amelia Whiting, U.S. Whiting, Department of Energy, Office of
the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
DOE published a final rule in the Federal Register on July 22,
2022, amending certification requirements in part 429 of title 10 of
the Code of Federal Regulations (10 CFR part 429) applicable to ceiling
fan light kits (``CFLKs''), general service incandescent lamps,
incandescent reflector lamps, ceiling fans, consumer furnaces and
boilers, consumer water heaters, dishwashers, commercial clothes
washers, battery chargers, and dedicated-purpose pool pumps. 87 FR
43952. Since publication of the final rule, DOE has learned of an error
in the regulatory text for the CFLK certification provisions in 10 CFR
429.33. The regulatory text in this section contains provisions that
apply to CFLKs based upon their date of manufacture. Specifically, the
requirements in 10 CFR 429.33(b)(2)(ii) and (b)(3)(ii) apply to
products manufactured on or after January 21, 2020, whereas those in 10
CFR 429.33(b)(2)(i) and (b)(3)(i) apply to products manufactured prior
to January 21, 2020. However, the amended regulatory text as adopted by
the July 22, 2022, final rule erroneously identified the compliance
date in these paragraphs as January 1, 2020, rather than January 21,
2020.
[[Page 54330]]
II. Need for Correction
As published, the regulatory text in the July 2022 final rule may
result in confusion as to the applicability of specific certification
provisions that apply to CFLKs. The current regulatory text is also in
conflict with the current compliance date for energy conservation
standards for CFLKs in 10 CFR 430.32(s)(6). Because this final rule
would simply correct an error in the text without making substantive
changes in the July 2022 final rule, the changes addressed in this
document are technical in nature.
III. Procedural Issues and Regulatory Review
DOE has concluded that the determinations made pursuant to the
various procedural requirements applicable to the July 2022 final rule
remain unchanged for this final rule technical correction. These
determinations are set forth in the July final rule. 87 FR 43952,
43973-43976.
Pursuant to the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), DOE finds that there is good cause to not issue a
separate notice to solicit public comment on the changes contained in
this document. Issuing a separate notice to solicit public comment
would be impracticable, unnecessary, and contrary to the public
interest. Neither the errors nor the corrections in this document
affect the substance of the July 2022 final rule or any of the
conclusions reached in support of the final rule. Providing prior
notice and an opportunity for public comment on correcting objective,
typographical errors that do not change the substance of the test
procedure serves no useful purpose.
Further, this rule correcting a regulatory text error makes non-
substantive changes to the test procedure. As such, this rule is not
subject to the 30-day delay in effective date requirement of 5 U.S.C.
553(d) otherwise applicable to rules that make substantive changes.
List of Subjects in 10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
Signing Authority
This document of the Department of Energy was signed on August 26,
2022, by Dr. Geraldine L. Richmond, Undersecretary for Science and
Innovation, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on August 26, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE corrects part 429 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations by making the following correcting amendments:
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 429.33 is amended by revising the introductory text of
paragraphs (b)(2)(i) and (ii), paragraph (b)(3)(i), and paragraph
(b)(3)(ii) introductory text to read as follows:
Sec. 429.33 Ceiling fan light kits.
* * * * *
(b) * * *
(2) * * *
(i) For ceiling fan light kits manufactured prior to January 21,
2020:
* * * * *
(ii) For ceiling fan light kits manufactured on or after January
21, 2020:
* * * * *
(3) * * *
(i) For ceiling fan light kits with any other socket type
manufactured prior to January 21, 2020, a declaration that the basic
model meets the applicable design requirement, and the features that
have been incorporated into the ceiling fan light kit to meet the
applicable design requirement (e.g., circuit breaker, fuse, ballast).
(ii) For ceiling fan light kits manufactured on or after January
21, 2020:
* * * * *
[FR Doc. 2022-18863 Filed 9-2-22; 8:45 am]
BILLING CODE 6450-01-P