[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Rules and Regulations]
[Pages 22213-22214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9830]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2007-BT-TP-0013]
RIN 1904-AB72
Energy Conservation Program: Test Procedures for General Service
Fluorescent Lamps, Incandescent Reflector Lamps, and General Service
Incandescent Lamps; Correction
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendments.
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SUMMARY: This document contains a technical correction to the final
rule regarding the test procedures for general service fluorescent
lamps, incandescent reflector lamps, and general service incandescent
lamps, which was published in the Federal Register on July 6, 2009. In
that final rule, the U.S. Department of Energy (DOE) adopted amendments
to its test procedure regulations for the above-specified lamps.
However, due to a drafting error, part of the original wording was
inadvertently removed from the DOE test procedure regulations in the
Code of Federal Regulations (CFR). This final rule addresses this issue
and restores the correct and complete language to the regulations.
[[Page 22214]]
DATES: Effective on April 28, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Graves, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC, 20585-0121. Telephone: (202) 586-1851. E-mail:
[email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC, 20585.
Telephone: (202) 586-9507. E-mail: mailto:[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 6, 2009, DOE's Office of Energy Efficiency and Renewable
Energy published a test procedure final rule in the Federal Register
titled, ``Test Procedures for General Service Fluorescent Lamps,
Incandescent Reflector Lamps, and General Service Incandescent Lamps''
(hereafter referred to as the ``July 2009 final rule''). 74 FR 31829.
Since the publication of that rule, it has come to DOE's attention
that, due to a technical oversight, a certain part of the July 2009
final rule incorrectly amended a section of the DOE regulations that
specified which units should be tested to demonstrate compliance with
energy conservation standards. Specifically, 10 CFR 430.24(r)(1) was
amended to include general service incandescent lamps, but existing
details specifying requirements for manufacturer sampling of units were
inadvertently removed. These existing details were previously adopted
in a published test procedure final rule titled, ``Fluorescent and
Incandescent Lamp Test Procedures'' (hereafter the ``May 1997 final
rule''). 62 FR 29222, 29239-40 (May 29, 1997). Today's final rule
revises the relevant section to include the correct information.
II. Summary of This Action
As published, the July 2009 final rule contains an incomplete unit
sampling procedure for general service fluorescent lamps, incandescent
reflector lamps, and general service incandescent lamps. The purpose of
the sampling procedure is to specify which units manufacturers of these
lamps must test to demonstrate compliance with the applicable energy
conservation standards. To correct this error, DOE is amending 10 CFR
430.24(r)(1) to again include the relevant language from the May 1997
final rule.
III. Final Action
Section 553 of Title 5, U.S. Code, (5 U.S.C. 553) generally
requires agencies to provide prior notice and an opportunity for public
comment on substantive rules. The requirement does not apply, however,
if the agency determines that notice and opportunity for public comment
can be waived for good cause if such procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' DOE finds that good
cause exists for dispensing with notice and opportunity for public
comment in issuing today's rule. It was clearly not DOE's intention to
change or eliminate the sampling requirements for general service
fluorescent lamps, general service incandescent lamps, or incandescent
reflector lamps. At no place in the July 2009 final rule (or the notice
of proposed rulemaking that preceded it) did DOE discuss such a
modification. The change in the code language was inadvertent and is
currently in need of correction in order to facilitate manufacturer
compliance testing. For these reasons, DOE finds that prior notice or
an opportunity for comment are unnecessary, and has characterized
today's rule as a ``technical correction'' in the ACTION line at the
beginning of this notice.
IV. Procedural Requirements
DOE has concluded that the determinations made pursuant to the
various procedural requirements applicable to the July 6, 2009 test
procedure final rule remain unchanged for this final rule technical
correction. These determinations are set forth in the July 6, 2009
final rule. 74 FR 31829, 31838-40.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
0
For the reasons stated in the preamble, part 430 of chapter II of title
10, Code of Federal Regulations, is corrected by making the following
correcting amendments:
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 430.24 is amended by revising paragraph (r)(1) to read as
follows
Sec. 430.24 Units to be tested.
* * * * *
(r)(1) For each basic model of general service fluorescent lamp,
general service incandescent lamp, and incandescent reflector lamp,
samples of production lamps shall be tested and the results for all
samples shall be averaged for a 12-month period. A minimum sample of 21
lamps shall be tested. The manufacturer shall randomly select a minimum
of three lamps from each month of production for a minimum of 7 out of
the 12-month period. In the instance where production occurs during
fewer than 7 of such 12 months, the manufacturer shall randomly select
3 or more lamps from each month of production, where the number of
lamps selected for each month shall be distributed as evenly as
practicable among the months of production to attain a minimum sample
of 21 lamps. Any represented value of lamp efficacy of a basic model
shall be based on the sample and shall be no greater than the lower of
the mean of the sample or the lower 95-percent confidence limit of the
true mean (XL) divided by 0.97, i.e.,
[GRAPHIC] [TIFF OMITTED] TR28AP10.021
where:
x = the mean luminous efficacy of the sample
s = the sample standard deviation
t0.95 = the t statistic for a 95-percent confidence
limit for n-1 degrees of freedom (from statistical tables)
n = sample size
* * * * *
Issued in Washington, DC on April 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-9830 Filed 4-27-10; 8:45 am]
BILLING CODE 6450-01-P