[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]
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