[Federal Register: January 11, 2007 (Volume 72, Number 7)]
[Rules and Regulations]
[Page 1270-1274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja07-2]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 430
RIN 1904-AB54
Energy Conservation Standards for Certain Ceiling Fan Light Kits
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
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SUMMARY: The Department of Energy (DOE) is publishing this technical
amendment in order to place in the Code of Federal Regulations the
energy conservation standards for ceiling fan light kits with sockets
other than medium screw base or pin-based for fluorescent lamps that
Congress prescribed in the Energy Policy Act of 2005.
DATES: Effective Date: January 11, 2007.
FOR FURTHER INFORMATION CONTACT: Linda Graves, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000
[[Page 1271]]
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-1851, e-
mail: Linda.Graves@ee.doe.gov, or Francine Pinto, Esq., U.S. Department
of Energy, Office of the General Counsel, Forrestal Building, GC-72,
1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7432, e-
mail: Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of Today's Action
III. Procedural Requirements and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
IV. Approval of the Office of the Secretary
I. Background
The Energy Policy Act of 2005 (EPACT 2005) (Pub. L. 109-58) was
enacted on August 8, 2005. In addition to provisions directing DOE to
undertake rulemakings to promulgate new or amended energy conservation
standards for various consumer products and commercial and industrial
equipment, Congress prescribed new efficiency standards and related
definitions for certain consumer products and commercial and industrial
equipment.
By today's action, DOE is placing in the Code of Federal
Regulations (CFR) the energy conservation standards that Congress
prescribed for ceiling fan light kits with sockets other than medium
screw base or pin-based for fluorescent lamps. DOE is not exercising
its discretionary authority, provided in section 135(c)(4) of EPACT,
(42 U.S.C. 6295(ff)(4)(A)) for the Secretary of Energy to consider and
issue requirements, by rule, for any ceiling fan lighting kit with
sockets other than medium screw base or pin-based for fluorescent
lamps. Instead, the Secretary is adopting the statutory standard in
section 325(ff)(4)(C) of EPCA. (42 U.S.C. 6295(ff)(4)(C)) That section,
which was added by section 135(c)(4) of EPACT 2005, establishes
requirements for these ceiling fan light kits if the Department does
not take action by January 1, 2007.
In the future, DOE may exercise its discretion under section
325(ff)(5) of EPCA, after January 1, 2010, to consider and issue
amended energy conservation standards for all types of ceiling fan
light kits.
II. Summary of Today's Action
Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA to,
among other things, add subsection (ff) with respect to ceiling fans
and ceiling fan light kits. New section 325(ff) establishes design
standards for ceiling fans and ceiling fan light kits manufactured on
or after January 1, 2007. With respect to ceiling fan light kits, EPACT
2005 created three groupings: (1) Ceiling fan light kits with medium
screw base sockets (also called ``E26'' base types), (2) ceiling fan
light kits with pin-based sockets for fluorescent lamps, and (3)
ceiling fan light kits with any socket type other than medium screw
base or pin-based for fluorescent lamps. For this third group, while
the statute specifically mentions the example of candelabra screw base
sockets (also called ``E12'' base types), this group applies to ceiling
fan light kits with any socket type other than medium screw base or
pin-based for fluorescent lamps. Thus, this third group would include
ceiling fan light kits designed with candelabra screw base sockets,
intermediate screw-base sockets, 2-pin halogen sockets, bayonet
sockets, and all socket types other than medium screw base or pin-based
for fluorescent lamps.
In a final rule published on October 18, 2005, DOE codified the
statute's requirements for the first two groupings of ceiling fan light
kits--medium screw base and pin-based for fluorescent lamps. 70 FR
60413. In today's technical amendment, DOE is codifying the design
standards set out in EPCA's new section 325(ff) for the third grouping,
ceiling fan light kits with sockets other than medium screw base or
pin-based for fluorescent lamps. As previously discussed, section
135(c)(4) of EPACT 2005, among other things, added section
325(ff)(4)(A) of EPCA, which requires DOE to consider issuing
requirements for these ceiling fan light kits by January 1, 2007. The
time frame normally allocated to conduct an energy conservation
standards rulemaking to determine requirements for a consumer product
like this is approximately three years. For these ceiling fan light
kits, the time frame that was afforded to DOE by the statute was only
17 months from the date of enactment of EPACT 2005 to the date when
these requirements must be in place. After reviewing this statutory
requirement, and DOE's backlog of rulemakings and the other new
consumer product and commercial equipment rulemakings required in EPACT
2005, DOE stated in its Report to Congress:\1\
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\1\ Energy Conservation Standards Activities, Submitted Pursuant
to Section 141 of the Energy Policy Act of 2005 and to the
Conference Report (109-275) to the FY 2006 Energy and Water
Development Appropriations Act; U.S. Department of Energy, January
2006.
With regard to the rulemaking for ceiling fan light kits (other
than those with standards prescribed by EPACT 2005), it is not
feasible to complete a rulemaking by the EPACT 2005 final rule
deadline of January 1, 2007. Since EPACT 2005 includes a standard
that is scheduled to go into effect on January 1, 2009, in the event
that the Department cannot meet the deadline, the Department plans
to adopt and codify the EPACT 2005 standard in fiscal year 2007,
conserving Departmental resources for more complex rulemakings with
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higher potential benefits. Report to Congress at page vi.
Thus, in today's technical amendment, DOE is codifying at 10 CFR
430.32(s), requirements for ceiling fan light kits with sockets other
than medium screw base or pin-based for fluorescent lamps. This
statutory standard in section 325(ff)(4)(C) of EPCA (42 U.S.C.
6295(ff)(4)(C)), requires that any ceiling fan light kit with sockets
other than medium screw base or pin-based for fluorescent lamps
manufactured after January 1, 2009, (1) shall not be capable of
operating with lamps that total more than 190 watts; and (2) shall
include the lamps that total not more than 190 watts in the ceiling fan
light kit.
DOE is interpreting these two requirements as design requirements.
The first requirement, that ceiling fan light kits shall not be capable
of operating with lamps that total more than 190 watts, is being
interpreted as requiring manufacturers to incorporate some electrical
device or measure, such as a fuse, circuit breaker, or current limiting
device, to ensure that the light kit is not capable of operating with a
lamp or lamps that draw more than 190 watts. As this is a design
requirement, a test procedure is not required to certify compliance.
Moreover, this interpretation is consistent with DOE's interpretation
of a similar requirement under EPACT 2005 for torchieres. 71 FR 71340
(December 8, 2006).
The second requirement, that the ceiling fan light kit shall
include lamps that total not more than 190 watts, is being interpreted
by DOE as a packaging requirement with two parts: first, that the kits
are to be packaged with lamps
[[Page 1272]]
and second, that the total wattage of all the lamps packaged with the
ceiling fan light kit shall not exceed 190 watts. A test procedure is
not required to demonstrate compliance with either of these two
provisions of the second requirement. Manufacturers can certify without
a test procedure that lamps are included in the ceiling fan light kit
packaging and that the sum of the total rated wattages of all the lamps
packaged with the kit do not exceed 190 watts.
EPCA defines the term ``manufacture'' as ``to manufacture, produce,
assemble, or import.'' (42 U.S.C. 6291(10)) Starting on January 1,
2009, all ceiling fan light kits covered by this final rule must, on
the date of manufacture, or in the case of imported products, as of the
date of import, meet the standards set forth in today's rule. These
requirements apply to the manufacture of covered consumer products for
sale in the 50 States as well as all U.S. territories.
As background context for how EPACT addressed the two categories of
ceiling fan light kits not covered by this rulemaking, i.e., those with
medium screw base sockets and pin-based sockets for fluorescent lamps,
the prescribed energy conservation standards for these two types of
ceiling fan light kits took effect on January 1, 2007. While products
are required to be compliant with the mandatory standards from that
effective date, manufacturers are not required to report under DOE's
compliance certification and enforcement programs until DOE finalizes
its certification and compliance procedures for new covered products
and commercial equipment. DOE published a notice of proposed rulemaking
on July 25, 2006, which proposed certification and enforcement
provisions for a range of products, including all types of ceiling fan
light kits. 71 FR 42178. Although manufacturers are not subject to DOE
certification and enforcement programs until DOE promulgates the final
rule on certification and enforcement, manufacturers must meet the
required standards for ceiling fan light kits with medium screw base
and pin-based for fluorescent lamps starting January 1, 2007. When the
certification and enforcement procedures are finalized, manufacturers
must represent to DOE that the ceiling fan light kits for which there
are effective standards and packaging requirements set by EPACT 2005
are compliant.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today's final rule is not a ``significant regulatory action'' under
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (October 4, 1993). Accordingly, today's 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 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 the
General Counsel's Web site: http://www.gc.doe.gov. DOE today is
revising the Code of Federal Regulations to incorporate, without
substantive change, energy conservation standards prescribed by
Congress in the Energy Policy Act of 2005. 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.
C. Review Under the Paperwork Reduction Act of 1995
This rulemaking will impose no new information or recordkeeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
D. 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.
In this instance, DOE is merely codifying the design standards set
out in EPACT 2005 section 325(ff)(4)(C) (42 U.S.C. 6295(ff)(4)(C)) for
ceiling fan light kits with sockets other than medium screw base or
pin-based for fluorescent lamps. EPACT 2005 gives DOE the authority to
conduct a rulemaking for this equipment by January 1, 2007. However,
EPACT 2005 also provided that if DOE does not issue a final rule by
this statutory deadline, the design standards referenced above would
become effective for equipment manufactured after January 1, 2009. DOE
is not exercising any discretion in today's final rule.
E. Review Under Executive Order 13132
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. DOE examined this final
rule and determined that it does not have a substantial direct effect
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of today's rule. States can petition DOE
for exemption 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.
F. Review Under Executive Order 12988
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
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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.
G. 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 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 Unfunded Mandates Reform Act do not apply.
H. 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.
I. Review Under Executive Order 12630
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.
J. 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 today's notice under the OMB and DOE guidelines and
has concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
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), OMB, 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.
L. 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).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on December 29, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
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.
0
2. Section 430.32 of subpart C is amended by adding new paragraph
(s)(4) to read as follows:
Sec. 430.32 Energy and water conservation standards and effective
dates.
* * * * *
(s) Ceiling fans and ceiling fan light kits.
* * * * *
(4) Ceiling fan light kits with socket types other than those
covered in paragraphs (2) and (3) of this section, including candelabra
screw base sockets, manufactured on or after January 1, 2009--
[[Page 1274]]
(i) Shall not be capable of operating with lamps that total more
than 190 watts; and
(ii) Shall be packaged to include the lamps described in clause (i)
with the ceiling fan light kits.
* * * * *
[FR Doc. E7-230 Filed 1-10-07; 8:45 am]
BILLING CODE 6450-01-P