Energy Conservation Program: Data Collection and Comparison With Forecasted Unit Sales of Five Lamp Types, 20261-20264 [2016-07873]
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20261
Proposed Rules
Federal Register
Vol. 81, No. 67
Thursday, April 7, 2016
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–NOA–0013]
Energy Conservation Program: Data
Collection and Comparison With
Forecasted Unit Sales of Five Lamp
Types
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
AGENCY:
The U.S. Department of
Energy (DOE) is informing the public of
its collection of shipment data and
creation of spreadsheet models to
provide comparisons between actual
and benchmark estimate unit sales of
five lamp types (i.e., rough service
lamps, vibration service lamps, 3-way
incandescent lamps, 2,601–3,300 lumen
general service incandescent lamps, and
shatter-resistant lamps) that are
currently not subject to energy
conservation standards. As the actual
sales are not greater than 200 percent of
the forecasted estimate for 2015 (i.e., the
threshold triggering a rulemaking for an
energy conservation standard) for rough
service lamps, 3-way incandescent
lamps, 2,601–3,300 lumen general
service incandescent lamps, and shatterresistant lamps, DOE has determined
that no regulatory action pertaining to
such lamps is necessary at this time.
However, DOE will continue to track
sales data for these exempted lamps. As
discussed in the results under section IV
of this document, the actual unit sales
for vibration service lamps are 272.5
percent of the benchmark unit sales
estimate. Therefore, an accelerated
energy conservation standard
rulemaking for vibration service lamps
must be completed by December 31,
2016. Relating to this activity, DOE has
prepared, and is making available on its
Web site, a spreadsheet showing the
comparisons of anticipated versus
actual sales, as well as the model used
to generate the original sales estimates.
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SUMMARY:
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DOE has determined that an
accelerated energy conservation
standard rulemaking for vibration
service lamps must be completed by
December 31, 2016.
ADDRESSES: The spreadsheet is available
online at: https://www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=16.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1604. Email: five_
lamp_types@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9496. Email:
peter.cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. Background
II. Definitions
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
E. Shatter-Resistant Lamps
III. Comparison Methodology
IV. Comparison Results
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
E. Shatter-Resistant Lamps
V. Conclusion
VI. Review Under the National
Environmental Policy Act of 1969
I. Background
The Energy Independence and
Security Act of 2007 (EISA 2007; Pub.
L. 110–140) was enacted on December
19, 2007. Among the requirements of
subtitle B (Lighting Energy Efficiency) of
title III of EISA 2007 were provisions
directing DOE to collect, analyze, and
monitor unit sales of five lamp types
(i.e., rough service lamps, vibration
service lamps, 3-way incandescent
lamps, 2,601–3,300 lumen general
service incandescent lamps, and shatterresistant lamps). In relevant part,
section 321(a)(3)(B) of EISA 2007
amended section 325(l) of the Energy
Policy and Conservation Act of 1975
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(EPCA) by adding paragraph (4)(B),
which generally directs DOE, in
consultation with the National Electrical
Manufacturers Association (NEMA), to:
(1) Collect unit sales data for each of the
five lamp types for calendar years 1990
through 2006 in order to determine the
historical growth rate for each lamp
type; and (2) construct a model for each
of the five lamp types based on
coincident economic indicators that
closely match the historical annual
growth rates of each lamp type to
provide a neutral comparison
benchmark estimate of future unit sales.
(42 U.S.C. 6295(l)(4)(B)) Section
321(a)(3)(B) of EISA 2007 also amends
section 325(l) of EPCA by adding
paragraph (4)(C), which, in relevant
part, directs DOE to collect unit sales
data for calendar years 2010 through
2025, in consultation with NEMA, for
each of the five lamp types. DOE must
then: (1) Compare the actual lamp sales
in that year with the benchmark
estimate; (2) determine if the unit sales
projection has been exceeded; and (3)
issue the findings within 90 days of the
end of the analyzed calendar year. (42
U.S.C. 6295(l)(4)(C))
On December 18, 2008, DOE issued a
notice of data availability (NODA) for
the Report on Data Collection and
Estimated Future Unit Sales of Five
Lamp Types (hereafter the ‘‘2008
analysis’’), which was published in the
Federal Register on December 24, 2008.
73 FR 79072. The 2008 analysis
presented the 1990 through 2006
shipment data collected in consultation
with NEMA, the spreadsheet model
DOE constructed for each lamp type,
and the benchmark unit sales estimates
for 2010 through 2025. On April 4,
2011, DOE published a NODA in the
Federal Register announcing the
availability of updated spreadsheet
models presenting the benchmark
estimates from the 2008 analysis and the
collected sales data from 2010 for the
first annual comparison. 76 FR 18425.
Similarly, DOE published NODAs in the
Federal Register in the following four
years announcing the updated
spreadsheet models and sales data for
the annual comparisons. 77 FR 16183
(March 20, 2012); 78 FR 15891 (March
13, 2013); 79 FR 15058 (March 18,
2014); 80 FR 13791 (March 17, 2015).
This NODA presents the sixth annual
comparison; specifically, section IV of
this report compares the actual unit
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sales against benchmark unit sales
estimates for 2015.1
EISA 2007 also amends section 325(l)
of EPCA by adding paragraphs (4)(D)
through (4)(H), which state that if DOE
finds that the unit sales for a given lamp
type in any year between 2010 and 2025
exceed the benchmark estimate of unit
sales by at least 100 percent (i.e., are
greater than 200 percent of the
anticipated sales), then DOE must take
regulatory action to establish an energy
conservation standard for such lamps.
(42 U.S.C. 6295(l)(4)(D) through (H)) For
2,601–3,300 lumen general service
incandescent lamps, DOE must adopt a
statutorily prescribed energy
conservation standard. For the other
four types of lamps, the statute requires
DOE to initiate an accelerated
rulemaking to establish energy
conservation standards. If the Secretary
does not complete the accelerated
rulemakings within one year from the
end of the previous calendar year, there
is a ‘‘backstop requirement’’ for each
lamp type, which would establish
energy conservation standard levels and
related requirements by statute. Id.
As in the 2008 analysis and previous
comparisons, DOE uses manufacturer
shipments as a surrogate for unit sales
in this NODA because manufacturer
shipment data are tracked and
aggregated by the trade organization,
NEMA. DOE believes that annual
shipments track closely with actual unit
sales of these five lamp types, as DOE
presumes that retailer inventories
remain constant from year to year. DOE
believes this is a reasonable assumption
because the markets for these five lamp
types have existed for many years,
thereby enabling manufacturers and
retailers to establish appropriate
inventory levels that reflect market
demand. In addition, increasing unit
sales must eventually result in
increasing manufacturer shipments.
This is the same methodology presented
in DOE’s 2008 analysis and subsequent
annual comparisons, and DOE did not
receive any comments challenging this
assumption or the general approach.
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II. Definitions
A. Rough Service Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘rough service
lamp.’’ A ‘‘rough service lamp’’ means
a lamp that—(i) has a minimum of 5
1 The notices and related documents for the 2008
analysis and successive annual comparisons,
including this NODA, are available through the
DOE Web site at: https://www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=16.
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supports with filament configurations
that are C–7A, C–11, C–17, and C–22 as
listed in Figure 6–12 of the 9th edition
of the IESNA [Illuminating Engineering
Society of North America] Lighting
handbook, or similar configurations
where lead wires are not counted as
supports; and (ii) is designated and
marketed specifically for ‘‘rough
service’’ applications, with—(I) the
designation appearing on the lamp
packaging; and (II) marketing materials
that identify the lamp as being for rough
service. (42 U.S.C. 6291(30)(X))
As noted above, rough service
incandescent lamps must have a
minimum of five filament support wires
(not counting the two connecting leads
at the beginning and end of the
filament), and must be designated and
marketed for ‘‘rough service’’
applications. This type of incandescent
lamp is typically used in applications
where the lamp would be subject to
mechanical shock or vibration while it
is operating. Standard incandescent
lamps have only two support wires
(which also serve as conductors), one at
each end of the filament coil. When
operating (i.e., when the tungsten
filament is glowing so hot that it emits
light), a standard incandescent lamp’s
filament is brittle, and rough service
applications could cause it to break
prematurely. To address this problem,
lamp manufacturers developed lamp
designs that incorporate additional
support wires along the length of the
filament to ensure that it has support
not just at each end, but at several other
points as well. The additional support
protects the filament during operation
and enables longer operating life for
incandescent lamps in rough service
applications. Typical applications for
these rough service lamps might include
commercial hallways and stairwells,
gyms, storage areas, and security areas.
B. Vibration Service Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘vibration
service lamp.’’ A ‘‘vibration service
lamp’’ means a lamp that—(i) has
filament configurations that are C–5, C–
7A, or C–9, as listed in Figure 6–12 of
the 9th Edition of the IESNA Lighting
Handbook or similar configurations; (ii)
has a maximum wattage of 60 watts; (iii)
is sold at retail in packages of 2 lamps
or less; and (iv) is designated and
marketed specifically for vibration
service or vibration-resistant
applications, with—(I) the designation
appearing on the lamp packaging; and
(II) marketing materials that identify the
lamp as being vibration service only. (42
U.S.C. 6291(30)(AA))
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The statute mentions three examples
of filament configurations for vibration
service lamps in Figure 6–12 of the
IESNA Lighting Handbook, one of
which, C–7A, is also listed in the
statutory definition of ‘‘rough service
lamp.’’ The definition of ‘‘vibration
service lamp’’ requires that such lamps
have a maximum wattage of 60 watts
and be sold at a retail level in packages
of two lamps or fewer. Vibration service
lamps must be designated and marketed
for vibration service or vibrationresistant applications. As the name
suggests, this type of incandescent lamp
is generally used in applications where
the incandescent lamp would be subject
to a continuous low level of vibration,
such as in a ceiling fan light kit. In such
applications, standard incandescent
lamps without additional filament
support wires may not achieve the full
rated life, because the filament wire is
brittle and would be subject to breakage
at typical operating temperature. To
address this problem, lamp
manufacturers typically use a more
malleable tungsten filament to avoid
damage and short circuits between coils.
C. Three-Way Incandescent Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘3-way
incandescent lamp.’’ A ‘‘3-way
incandescent lamp’’ includes an
incandescent lamp that—(i) employs 2
filaments, operated separately and in
combination, to provide 3 light levels;
and (ii) is designated on the lamp
packaging and marketing materials as
being a 3-way incandescent lamp. (42
U.S.C. 6291(30)(Y))
Three-way lamps are commonly
found in wattage combinations such as
50, 100, and 150 watts or 30, 70, and
100 watts. These lamps use two
filaments (e.g., a 30-watt and a 70-watt
filament) and can be operated separately
or together to produce three different
lumen outputs (e.g., 305 lumens with
one filament, 995 lumens with the
other, or 1,300 lumens using the
filaments together). When used in threeway sockets, these lamps allow users to
control the light level. Three-way
incandescent lamps are typically used
in residential multi-purpose areas,
where consumers may adjust the light
level to be appropriate for the task they
are performing.
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
The statute does not provide a
definition of ‘‘2,601–3,300 Lumen
General Service Incandescent Lamps;’’
however, DOE is interpreting this term
to be a general service incandescent
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lamp 2 that emits light between 2,601
and 3,300 lumens. These lamps are used
in general service applications when
high light output is needed.
E. Shatter-Resistant Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘shatterresistant lamp, shatter-proof lamp, or
shatter-protected lamp.’’ ‘‘Shatterresistant lamp, shatter-proof lamp, and
shatter-protected lamp’’ mean a lamp
that—(i) has a coating or equivalent
technology that is compliant with NSF/
ANSI 51 [National Sanitation
Foundation/American National
Standards Institute] and is designed to
contain the glass if the glass envelope of
the lamp is broken; and (ii) is
designated and marketed for the
intended application, with—(I) the
designation on the lamp packaging; and
(II) marketing materials that identify the
lamp as being shatter-resistant, shatterproof, or shatter-protected. (42 U.S.C.
6291(30)(Z)) Although the definition
provides three names commonly used to
refer to these lamps, DOE simply refers
to them collectively as ‘‘shatter-resistant
lamps.’’
Shatter-resistant lamps incorporate a
special coating designed to prevent glass
shards from being dispersed if a lamp’s
glass envelope breaks. Shatter-resistant
lamps incorporate a coating compliant
with industry standard NSF/ANSI 51,3
‘‘Food Equipment Materials,’’ and are
labeled and marketed as shatterresistant, shatter-proof, or shatterprotected. Some types of the coatings
can also protect the lamp from breakage
in applications subject to heat and
thermal shock that may occur from
water, sleet, snow, soldering, or
welding.
III. Comparison Methodology
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In the 2008 analysis, DOE reviewed
each of the five sets of shipment data
that was collected in consultation with
NEMA and applied two curve fits to
generate unit sales estimates for the five
lamp types after calendar year 2006.
One curve fit applied a linear regression
to the historical data and extended that
2 A ‘‘general service incandescent lamp’’ means a
standard incandescent or halogen type lamp that—
(I) is intended for general service applications; (II)
has a medium screw base; (III) has a lumen range
of not less than 310 lumens and not more than
2,600 lumens or, in the case of a modified spectrum
lamp, not less than 232 lumens and not more than
1,950 lumens; and (IV) is capable of being operated
at a voltage range at least partially within 110 and
130 volts. (42 U.S.C. 6291(30)(D)(i)).
3 NSF/ANSI 51 applies specifically to materials
and coatings used in the manufacturing of
equipment and objects destined for contact with
foodstuffs.
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line into the future. The other curve fit
applied an exponential growth function
to the shipment data and projected unit
sales into the future. For this
calculation, linear regression treats the
year as a dependent variable and
shipments as the independent variable.
The linear regression curve fit is
modeled by minimizing the differences
among the data points and the best
curve-fit linear line using the least
squares function.4 The exponential
curve fit is also a regression function
and uses the same least squares function
to find the best fit. For some data sets,
an exponential curve provides a better
characterization of the historical data,
and, therefore, a better projection of the
future data.
For 3-way incandescent lamps, 2,601–
3,300 lumen general service
incandescent lamps, and shatterresistant lamps, DOE found that the
linear regression and exponential
growth curve fits produced nearly the
same estimates of unit sales (i.e., the
difference between the two forecasted
values was less than 1 or 2 percent).
However, for rough service and
vibration service lamps, the linear
regression curve fit projected lamp unit
sales would decline to zero for both
lamp types by 2018. In contrast, the
exponential growth curve fit projected a
more gradual decline in unit sales, such
that lamps would still be sold beyond
2018, and it was, therefore, considered
the more realistic forecast. While DOE
was satisfied that either the linear
regression or exponential growth
spreadsheet model generated a
reasonable benchmark unit sales
estimate for 3-way incandescent lamps,
2,601–3,300 lumen general service
incandescent lamps, and shatterresistant lamps, DOE selected the
exponential growth curve fit for these
lamp types for consistency with the
selection made for rough service and
vibration service lamps.5 DOE examines
the benchmark unit sales estimates and
actual sales for each of the five lamp
types in the following section and also
makes the comparisons available in a
spreadsheet online: https://
www1.eere.energy.gov/buildings/
appliance_standards/
standards.aspx?productid=16.
IV. Comparison Results
4 The least squares function is an analytical tool
that DOE uses to minimize the sum of the squared
residual differences between the actual historical
data points and the modeled value (i.e., the linear
curve fit). In minimizing this value, the resulting
curve fit will represent the best fit possible to the
data provided.
5 This selection is consistent with the previous
annual comparisons. See DOE’s 2008 forecast
spreadsheet models of the lamp types for greater
detail on the estimates.
6 The percentages reported in this section are
calculated by dividing the 2015 actual sales by the
2015 projected sales. Numbers less than one
hundred percent indicate the actual sales are less
than the projected sales, numbers greater than one
hundred percent and less than or equal to two
hundred percent indicate the actual sales exceed
the projected sales somewhat, and numbers greater
than two hundred percent indicate the actual sales
are more than double the projected sales and a
rulemaking must be initiated.
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A. Rough Service Lamps
For rough service lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2015 to be 4,967,000 units. The NEMAprovided shipment data reported
shipments of 6,731,000 units in 2015.
As this finding is only 135.5 percent of
the estimate,6 DOE will continue to
track rough service lamp sales data and
will not initiate regulatory action for
this lamp type at this time.
B. Vibration Service Lamps
For vibration service lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2015 to be 2,594,000 units. The NEMAprovided shipment data reported
7,071,000 vibration service lamp
shipments in 2015, which is 272.5
percent of the benchmark estimate.
Section 321(a)(3)(B) of EISA 2007 in
part amends paragraph 325(l)(4) of
EPCA by adding paragraphs (D) through
(H), which direct DOE to take regulatory
action if the actual annual unit sales of
any of the five lamp types are more than
200 percent of the predicted shipments
(i.e., more than double the benchmark
unit sales estimate). (42 U.S.C.
6295(l)(4)(D)–(H)) As the actual unit
sales for vibration service lamps are
272.5 percent of the benchmark estimate
for the 2015 calendar year, DOE must
conduct an accelerated energy
conservation standards rulemaking for
vibration service lamps to be completed
no later than December 31, 2016. If the
Secretary does not complete the
accelerated rulemaking in the allotted
time, the statute provides a backstop
requirement that becomes the regulatory
standard for vibration service lamps.
This backstop requirement would
establish standards beginning one year
after the date of issuance of this NODA,
and would require vibration service
lamps to: (1) Have a maximum 40-watt
limitation and (2) be sold at retail only
in a package containing one lamp.
The requirement to collect and model
data for vibration service lamps shall
terminate unless, as part of the
rulemaking, the Secretary determines
that continued tracking is necessary. If,
however, the Secretary imposes a
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backstop requirement as a result of a
failure to complete the accelerated
rulemaking in accordance with the
statute, the requirement to collect and
model data for the applicable type of
lamp shall continue for two years after
the compliance date of the backstop
requirement. (42 U.S.C. 6295(l)(4)(I)(i)
and (ii))
C. Three-Way Incandescent Lamps
For 3-way incandescent lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2015 to be 48,603,000 units. The NEMAprovided shipment data reported
shipments of 32,665,000 units in 2015.
As this finding is only 67.2 percent of
the estimate, DOE will continue to track
3-way incandescent lamp sales data and
will not initiate regulatory action for
this lamp type at this time.
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
For 2,601–3,300 lumen general
service incandescent lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2015 to be 34,175,000 units. The NEMAprovided shipment data reported
shipments of 4,049,000 units in 2015.
As this finding is 11.8 percent of the
estimate, DOE will continue to track
2,601–3,300 lumen general service
incandescent lamp sales data and will
not initiate regulatory action for this
lamp type at this time.
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E. Shatter-Resistant Lamps
For shatter-resistant lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2015 to be 1,675,000 units. The NEMAprovided shipment data reported
shipments of 689,000 units in 2015. As
this finding is only 41.1 percent of the
estimate, DOE will continue to track
shatter-resistant lamp sales data and
will not initiate regulatory action for
this lamp type at this time.
V. Conclusion
The shipments for rough service
lamps, 3-way incandescent lamps,
2,601–3,300 lumen general service
incandescent lamps, and shatterresistant lamps did not cross the
statutory threshold for a standard. DOE
will continue to monitor these four
currently exempted lamp types and will
assess 2016 sales by March 31, 2017, in
order to determine whether an energy
conservation standards rulemaking is
required, consistent with 42 U.S.C.
6295(l)(4)(D) through (H). The actual
unit sales for vibration service lamps are
272.5 of the benchmark unit sales
estimate. Therefore, DOE will begin an
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accelerated energy conservation
standard rulemaking for vibration
service lamps that must be completed
by December 31, 2016.
VI. Review Under the National
Environmental Policy Act of 1969
DOE has determined that this
proposed action 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 proposed action
would find that for vibration service
lamps energy conservation standards
would be appropriate. However, this
proposed action would not establish
energy conservation standards at this
time, and, therefore, would not result in
any environmental impacts. Thus, this
action is covered by Categorical
Exclusion A6 ‘‘Procedural rulemakings’’
under 10 CFR part 1021, subpart D.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
Issued in Washington, DC, on March 28,
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2016–07873 Filed 4–6–16; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. FAA–2015–1621]
Revision of Airworthiness Standards
for Normal, Utility, Acrobatic, and
Commuter Category Airplanes; Notice
of Public Meeting
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of public meeting.
AGENCY:
The FAA announces public
meeting on its proposal to revise Part 23
Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter
Category Airplanes. The purpose of the
public meeting is for the FAA to explain
and answer questions concerning the
language related to its Notice of
Proposed Rulemaking (NPRM) (81 FR
13452, March 14, 2016).
DATES: The public meetings will be held
on the following dates: (Note that the
meetings may be adjourned early if the
agenda is completed in less time than is
scheduled for the meetings.)
SUMMARY:
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• May 3, 2016 from 8:00 a.m. until no
later than 5:00 p.m.
• May 4, 2016 from 8:00 a.m. until no
later than 5:00 p.m.
The NPRM written comment period
will close on May 13, 2016.
ADDRESSES: The May 3 and 4, 2016,
public meeting will be held at the
Georgia International Convention
Center, 2000 Convention Center
Concourse, College Park, GA 30294.
Written comments (identified by
docket number FAA–2015–1621) may
be submitted using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending comments
electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
• Hand Delivery: Docket Operations
in Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Written comments to the docket will
receive the same consideration as
statements made at the public meeting.
For more information on the rulemaking
process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov, including
any personal information provided by
the commenter. Using the search
function of the FAA’s docket Web site,
anyone can find and read the comments
received into any of the agency’s
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement may be
reviewed in the Federal Register
published on April 11, 2000 (65 FR
19476) or at https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time
or in Docket Operations in Room W12–
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p.m., Monday through Friday, except
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FOR FURTHER INFORMATION CONTACT: Mr.
Lowell Foster, Small Airplane
Directorate, ACE–111, Federal Aviation
Administration, 901 Locust Street,
E:\FR\FM\07APP1.SGM
07APP1
Agencies
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20261-20264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07873]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 /
Proposed Rules
[[Page 20261]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-NOA-0013]
Energy Conservation Program: Data Collection and Comparison With
Forecasted Unit Sales of Five Lamp Types
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is informing the public of
its collection of shipment data and creation of spreadsheet models to
provide comparisons between actual and benchmark estimate unit sales of
five lamp types (i.e., rough service lamps, vibration service lamps, 3-
way incandescent lamps, 2,601-3,300 lumen general service incandescent
lamps, and shatter-resistant lamps) that are currently not subject to
energy conservation standards. As the actual sales are not greater than
200 percent of the forecasted estimate for 2015 (i.e., the threshold
triggering a rulemaking for an energy conservation standard) for rough
service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general
service incandescent lamps, and shatter-resistant lamps, DOE has
determined that no regulatory action pertaining to such lamps is
necessary at this time. However, DOE will continue to track sales data
for these exempted lamps. As discussed in the results under section IV
of this document, the actual unit sales for vibration service lamps are
272.5 percent of the benchmark unit sales estimate. Therefore, an
accelerated energy conservation standard rulemaking for vibration
service lamps must be completed by December 31, 2016. Relating to this
activity, DOE has prepared, and is making available on its Web site, a
spreadsheet showing the comparisons of anticipated versus actual sales,
as well as the model used to generate the original sales estimates.
DATES: DOE has determined that an accelerated energy conservation
standard rulemaking for vibration service lamps must be completed by
December 31, 2016.
ADDRESSES: The spreadsheet is available online at: https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=16.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 287-1604. Email:
five_lamp_types@ee.doe.gov.
Mr. Peter Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9496. Email: peter.cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Definitions
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601-3,300 Lumen General Service Incandescent Lamps
E. Shatter-Resistant Lamps
III. Comparison Methodology
IV. Comparison Results
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601-3,300 Lumen General Service Incandescent Lamps
E. Shatter-Resistant Lamps
V. Conclusion
VI. Review Under the National Environmental Policy Act of 1969
I. Background
The Energy Independence and Security Act of 2007 (EISA 2007; Pub.
L. 110-140) was enacted on December 19, 2007. Among the requirements of
subtitle B (Lighting Energy Efficiency) of title III of EISA 2007 were
provisions directing DOE to collect, analyze, and monitor unit sales of
five lamp types (i.e., rough service lamps, vibration service lamps, 3-
way incandescent lamps, 2,601-3,300 lumen general service incandescent
lamps, and shatter-resistant lamps). In relevant part, section
321(a)(3)(B) of EISA 2007 amended section 325(l) of the Energy Policy
and Conservation Act of 1975 (EPCA) by adding paragraph (4)(B), which
generally directs DOE, in consultation with the National Electrical
Manufacturers Association (NEMA), to: (1) Collect unit sales data for
each of the five lamp types for calendar years 1990 through 2006 in
order to determine the historical growth rate for each lamp type; and
(2) construct a model for each of the five lamp types based on
coincident economic indicators that closely match the historical annual
growth rates of each lamp type to provide a neutral comparison
benchmark estimate of future unit sales. (42 U.S.C. 6295(l)(4)(B))
Section 321(a)(3)(B) of EISA 2007 also amends section 325(l) of EPCA by
adding paragraph (4)(C), which, in relevant part, directs DOE to
collect unit sales data for calendar years 2010 through 2025, in
consultation with NEMA, for each of the five lamp types. DOE must then:
(1) Compare the actual lamp sales in that year with the benchmark
estimate; (2) determine if the unit sales projection has been exceeded;
and (3) issue the findings within 90 days of the end of the analyzed
calendar year. (42 U.S.C. 6295(l)(4)(C))
On December 18, 2008, DOE issued a notice of data availability
(NODA) for the Report on Data Collection and Estimated Future Unit
Sales of Five Lamp Types (hereafter the ``2008 analysis''), which was
published in the Federal Register on December 24, 2008. 73 FR 79072.
The 2008 analysis presented the 1990 through 2006 shipment data
collected in consultation with NEMA, the spreadsheet model DOE
constructed for each lamp type, and the benchmark unit sales estimates
for 2010 through 2025. On April 4, 2011, DOE published a NODA in the
Federal Register announcing the availability of updated spreadsheet
models presenting the benchmark estimates from the 2008 analysis and
the collected sales data from 2010 for the first annual comparison. 76
FR 18425. Similarly, DOE published NODAs in the Federal Register in the
following four years announcing the updated spreadsheet models and
sales data for the annual comparisons. 77 FR 16183 (March 20, 2012); 78
FR 15891 (March 13, 2013); 79 FR 15058 (March 18, 2014); 80 FR 13791
(March 17, 2015). This NODA presents the sixth annual comparison;
specifically, section IV of this report compares the actual unit
[[Page 20262]]
sales against benchmark unit sales estimates for 2015.\1\
---------------------------------------------------------------------------
\1\ The notices and related documents for the 2008 analysis and
successive annual comparisons, including this NODA, are available
through the DOE Web site at: https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=16.
---------------------------------------------------------------------------
EISA 2007 also amends section 325(l) of EPCA by adding paragraphs
(4)(D) through (4)(H), which state that if DOE finds that the unit
sales for a given lamp type in any year between 2010 and 2025 exceed
the benchmark estimate of unit sales by at least 100 percent (i.e., are
greater than 200 percent of the anticipated sales), then DOE must take
regulatory action to establish an energy conservation standard for such
lamps. (42 U.S.C. 6295(l)(4)(D) through (H)) For 2,601-3,300 lumen
general service incandescent lamps, DOE must adopt a statutorily
prescribed energy conservation standard. For the other four types of
lamps, the statute requires DOE to initiate an accelerated rulemaking
to establish energy conservation standards. If the Secretary does not
complete the accelerated rulemakings within one year from the end of
the previous calendar year, there is a ``backstop requirement'' for
each lamp type, which would establish energy conservation standard
levels and related requirements by statute. Id.
As in the 2008 analysis and previous comparisons, DOE uses
manufacturer shipments as a surrogate for unit sales in this NODA
because manufacturer shipment data are tracked and aggregated by the
trade organization, NEMA. DOE believes that annual shipments track
closely with actual unit sales of these five lamp types, as DOE
presumes that retailer inventories remain constant from year to year.
DOE believes this is a reasonable assumption because the markets for
these five lamp types have existed for many years, thereby enabling
manufacturers and retailers to establish appropriate inventory levels
that reflect market demand. In addition, increasing unit sales must
eventually result in increasing manufacturer shipments. This is the
same methodology presented in DOE's 2008 analysis and subsequent annual
comparisons, and DOE did not receive any comments challenging this
assumption or the general approach.
II. Definitions
A. Rough Service Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``rough service lamp.'' A ``rough service
lamp'' means a lamp that--(i) has a minimum of 5 supports with filament
configurations that are C-7A, C-11, C-17, and C-22 as listed in Figure
6-12 of the 9th edition of the IESNA [Illuminating Engineering Society
of North America] Lighting handbook, or similar configurations where
lead wires are not counted as supports; and (ii) is designated and
marketed specifically for ``rough service'' applications, with--(I) the
designation appearing on the lamp packaging; and (II) marketing
materials that identify the lamp as being for rough service. (42 U.S.C.
6291(30)(X))
As noted above, rough service incandescent lamps must have a
minimum of five filament support wires (not counting the two connecting
leads at the beginning and end of the filament), and must be designated
and marketed for ``rough service'' applications. This type of
incandescent lamp is typically used in applications where the lamp
would be subject to mechanical shock or vibration while it is
operating. Standard incandescent lamps have only two support wires
(which also serve as conductors), one at each end of the filament coil.
When operating (i.e., when the tungsten filament is glowing so hot that
it emits light), a standard incandescent lamp's filament is brittle,
and rough service applications could cause it to break prematurely. To
address this problem, lamp manufacturers developed lamp designs that
incorporate additional support wires along the length of the filament
to ensure that it has support not just at each end, but at several
other points as well. The additional support protects the filament
during operation and enables longer operating life for incandescent
lamps in rough service applications. Typical applications for these
rough service lamps might include commercial hallways and stairwells,
gyms, storage areas, and security areas.
B. Vibration Service Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``vibration service lamp.'' A ``vibration
service lamp'' means a lamp that--(i) has filament configurations that
are C-5, C-7A, or C-9, as listed in Figure 6-12 of the 9th Edition of
the IESNA Lighting Handbook or similar configurations; (ii) has a
maximum wattage of 60 watts; (iii) is sold at retail in packages of 2
lamps or less; and (iv) is designated and marketed specifically for
vibration service or vibration-resistant applications, with--(I) the
designation appearing on the lamp packaging; and (II) marketing
materials that identify the lamp as being vibration service only. (42
U.S.C. 6291(30)(AA))
The statute mentions three examples of filament configurations for
vibration service lamps in Figure 6-12 of the IESNA Lighting Handbook,
one of which, C-7A, is also listed in the statutory definition of
``rough service lamp.'' The definition of ``vibration service lamp''
requires that such lamps have a maximum wattage of 60 watts and be sold
at a retail level in packages of two lamps or fewer. Vibration service
lamps must be designated and marketed for vibration service or
vibration-resistant applications. As the name suggests, this type of
incandescent lamp is generally used in applications where the
incandescent lamp would be subject to a continuous low level of
vibration, such as in a ceiling fan light kit. In such applications,
standard incandescent lamps without additional filament support wires
may not achieve the full rated life, because the filament wire is
brittle and would be subject to breakage at typical operating
temperature. To address this problem, lamp manufacturers typically use
a more malleable tungsten filament to avoid damage and short circuits
between coils.
C. Three-Way Incandescent Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``3-way incandescent lamp.'' A ``3-way
incandescent lamp'' includes an incandescent lamp that--(i) employs 2
filaments, operated separately and in combination, to provide 3 light
levels; and (ii) is designated on the lamp packaging and marketing
materials as being a 3-way incandescent lamp. (42 U.S.C. 6291(30)(Y))
Three-way lamps are commonly found in wattage combinations such as
50, 100, and 150 watts or 30, 70, and 100 watts. These lamps use two
filaments (e.g., a 30-watt and a 70-watt filament) and can be operated
separately or together to produce three different lumen outputs (e.g.,
305 lumens with one filament, 995 lumens with the other, or 1,300
lumens using the filaments together). When used in three-way sockets,
these lamps allow users to control the light level. Three-way
incandescent lamps are typically used in residential multi-purpose
areas, where consumers may adjust the light level to be appropriate for
the task they are performing.
D. 2,601-3,300 Lumen General Service Incandescent Lamps
The statute does not provide a definition of ``2,601-3,300 Lumen
General Service Incandescent Lamps;'' however, DOE is interpreting this
term to be a general service incandescent
[[Page 20263]]
lamp \2\ that emits light between 2,601 and 3,300 lumens. These lamps
are used in general service applications when high light output is
needed.
---------------------------------------------------------------------------
\2\ A ``general service incandescent lamp'' means a standard
incandescent or halogen type lamp that--(I) is intended for general
service applications; (II) has a medium screw base; (III) has a
lumen range of not less than 310 lumens and not more than 2,600
lumens or, in the case of a modified spectrum lamp, not less than
232 lumens and not more than 1,950 lumens; and (IV) is capable of
being operated at a voltage range at least partially within 110 and
130 volts. (42 U.S.C. 6291(30)(D)(i)).
---------------------------------------------------------------------------
E. Shatter-Resistant Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``shatter-resistant lamp, shatter-proof
lamp, or shatter-protected lamp.'' ``Shatter-resistant lamp, shatter-
proof lamp, and shatter-protected lamp'' mean a lamp that--(i) has a
coating or equivalent technology that is compliant with NSF/ANSI 51
[National Sanitation Foundation/American National Standards Institute]
and is designed to contain the glass if the glass envelope of the lamp
is broken; and (ii) is designated and marketed for the intended
application, with--(I) the designation on the lamp packaging; and (II)
marketing materials that identify the lamp as being shatter-resistant,
shatter-proof, or shatter-protected. (42 U.S.C. 6291(30)(Z)) Although
the definition provides three names commonly used to refer to these
lamps, DOE simply refers to them collectively as ``shatter-resistant
lamps.''
Shatter-resistant lamps incorporate a special coating designed to
prevent glass shards from being dispersed if a lamp's glass envelope
breaks. Shatter-resistant lamps incorporate a coating compliant with
industry standard NSF/ANSI 51,\3\ ``Food Equipment Materials,'' and are
labeled and marketed as shatter-resistant, shatter-proof, or shatter-
protected. Some types of the coatings can also protect the lamp from
breakage in applications subject to heat and thermal shock that may
occur from water, sleet, snow, soldering, or welding.
---------------------------------------------------------------------------
\3\ NSF/ANSI 51 applies specifically to materials and coatings
used in the manufacturing of equipment and objects destined for
contact with foodstuffs.
---------------------------------------------------------------------------
III. Comparison Methodology
In the 2008 analysis, DOE reviewed each of the five sets of
shipment data that was collected in consultation with NEMA and applied
two curve fits to generate unit sales estimates for the five lamp types
after calendar year 2006. One curve fit applied a linear regression to
the historical data and extended that line into the future. The other
curve fit applied an exponential growth function to the shipment data
and projected unit sales into the future. For this calculation, linear
regression treats the year as a dependent variable and shipments as the
independent variable. The linear regression curve fit is modeled by
minimizing the differences among the data points and the best curve-fit
linear line using the least squares function.\4\ The exponential curve
fit is also a regression function and uses the same least squares
function to find the best fit. For some data sets, an exponential curve
provides a better characterization of the historical data, and,
therefore, a better projection of the future data.
---------------------------------------------------------------------------
\4\ The least squares function is an analytical tool that DOE
uses to minimize the sum of the squared residual differences between
the actual historical data points and the modeled value (i.e., the
linear curve fit). In minimizing this value, the resulting curve fit
will represent the best fit possible to the data provided.
---------------------------------------------------------------------------
For 3-way incandescent lamps, 2,601-3,300 lumen general service
incandescent lamps, and shatter-resistant lamps, DOE found that the
linear regression and exponential growth curve fits produced nearly the
same estimates of unit sales (i.e., the difference between the two
forecasted values was less than 1 or 2 percent). However, for rough
service and vibration service lamps, the linear regression curve fit
projected lamp unit sales would decline to zero for both lamp types by
2018. In contrast, the exponential growth curve fit projected a more
gradual decline in unit sales, such that lamps would still be sold
beyond 2018, and it was, therefore, considered the more realistic
forecast. While DOE was satisfied that either the linear regression or
exponential growth spreadsheet model generated a reasonable benchmark
unit sales estimate for 3-way incandescent lamps, 2,601-3,300 lumen
general service incandescent lamps, and shatter-resistant lamps, DOE
selected the exponential growth curve fit for these lamp types for
consistency with the selection made for rough service and vibration
service lamps.\5\ DOE examines the benchmark unit sales estimates and
actual sales for each of the five lamp types in the following section
and also makes the comparisons available in a spreadsheet online:
https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=16.
---------------------------------------------------------------------------
\5\ This selection is consistent with the previous annual
comparisons. See DOE's 2008 forecast spreadsheet models of the lamp
types for greater detail on the estimates.
---------------------------------------------------------------------------
IV. Comparison Results
A. Rough Service Lamps
For rough service lamps, the exponential growth forecast projected
the benchmark unit sales estimate for 2015 to be 4,967,000 units. The
NEMA-provided shipment data reported shipments of 6,731,000 units in
2015. As this finding is only 135.5 percent of the estimate,\6\ DOE
will continue to track rough service lamp sales data and will not
initiate regulatory action for this lamp type at this time.
---------------------------------------------------------------------------
\6\ The percentages reported in this section are calculated by
dividing the 2015 actual sales by the 2015 projected sales. Numbers
less than one hundred percent indicate the actual sales are less
than the projected sales, numbers greater than one hundred percent
and less than or equal to two hundred percent indicate the actual
sales exceed the projected sales somewhat, and numbers greater than
two hundred percent indicate the actual sales are more than double
the projected sales and a rulemaking must be initiated.
---------------------------------------------------------------------------
B. Vibration Service Lamps
For vibration service lamps, the exponential growth forecast
projected the benchmark unit sales estimate for 2015 to be 2,594,000
units. The NEMA-provided shipment data reported 7,071,000 vibration
service lamp shipments in 2015, which is 272.5 percent of the benchmark
estimate.
Section 321(a)(3)(B) of EISA 2007 in part amends paragraph
325(l)(4) of EPCA by adding paragraphs (D) through (H), which direct
DOE to take regulatory action if the actual annual unit sales of any of
the five lamp types are more than 200 percent of the predicted
shipments (i.e., more than double the benchmark unit sales estimate).
(42 U.S.C. 6295(l)(4)(D)-(H)) As the actual unit sales for vibration
service lamps are 272.5 percent of the benchmark estimate for the 2015
calendar year, DOE must conduct an accelerated energy conservation
standards rulemaking for vibration service lamps to be completed no
later than December 31, 2016. If the Secretary does not complete the
accelerated rulemaking in the allotted time, the statute provides a
backstop requirement that becomes the regulatory standard for vibration
service lamps. This backstop requirement would establish standards
beginning one year after the date of issuance of this NODA, and would
require vibration service lamps to: (1) Have a maximum 40-watt
limitation and (2) be sold at retail only in a package containing one
lamp.
The requirement to collect and model data for vibration service
lamps shall terminate unless, as part of the rulemaking, the Secretary
determines that continued tracking is necessary. If, however, the
Secretary imposes a
[[Page 20264]]
backstop requirement as a result of a failure to complete the
accelerated rulemaking in accordance with the statute, the requirement
to collect and model data for the applicable type of lamp shall
continue for two years after the compliance date of the backstop
requirement. (42 U.S.C. 6295(l)(4)(I)(i) and (ii))
C. Three-Way Incandescent Lamps
For 3-way incandescent lamps, the exponential growth forecast
projected the benchmark unit sales estimate for 2015 to be 48,603,000
units. The NEMA-provided shipment data reported shipments of 32,665,000
units in 2015. As this finding is only 67.2 percent of the estimate,
DOE will continue to track 3-way incandescent lamp sales data and will
not initiate regulatory action for this lamp type at this time.
D. 2,601-3,300 Lumen General Service Incandescent Lamps
For 2,601-3,300 lumen general service incandescent lamps, the
exponential growth forecast projected the benchmark unit sales estimate
for 2015 to be 34,175,000 units. The NEMA-provided shipment data
reported shipments of 4,049,000 units in 2015. As this finding is 11.8
percent of the estimate, DOE will continue to track 2,601-3,300 lumen
general service incandescent lamp sales data and will not initiate
regulatory action for this lamp type at this time.
E. Shatter-Resistant Lamps
For shatter-resistant lamps, the exponential growth forecast
projected the benchmark unit sales estimate for 2015 to be 1,675,000
units. The NEMA-provided shipment data reported shipments of 689,000
units in 2015. As this finding is only 41.1 percent of the estimate,
DOE will continue to track shatter-resistant lamp sales data and will
not initiate regulatory action for this lamp type at this time.
V. Conclusion
The shipments for rough service lamps, 3-way incandescent lamps,
2,601-3,300 lumen general service incandescent lamps, and shatter-
resistant lamps did not cross the statutory threshold for a standard.
DOE will continue to monitor these four currently exempted lamp types
and will assess 2016 sales by March 31, 2017, in order to determine
whether an energy conservation standards rulemaking is required,
consistent with 42 U.S.C. 6295(l)(4)(D) through (H). The actual unit
sales for vibration service lamps are 272.5 of the benchmark unit sales
estimate. Therefore, DOE will begin an accelerated energy conservation
standard rulemaking for vibration service lamps that must be completed
by December 31, 2016.
VI. Review Under the National Environmental Policy Act of 1969
DOE has determined that this proposed action 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
proposed action would find that for vibration service lamps energy
conservation standards would be appropriate. However, this proposed
action would not establish energy conservation standards at this time,
and, therefore, would not result in any environmental impacts. Thus,
this action is covered by Categorical Exclusion A6 ``Procedural
rulemakings'' under 10 CFR part 1021, subpart D. Accordingly, neither
an environmental assessment nor an environmental impact statement is
required.
Issued in Washington, DC, on March 28, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2016-07873 Filed 4-6-16; 8:45 am]
BILLING CODE 6450-01-P