Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode Lamps, 47806-47813 [2018-20599]
Download as PDF
<![CDATA[
daltland on DSKBBV9HB2PROD with RULES
47806
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
imports. At the September meeting, an
economic adjustment of 33 million
pounds was recommended in the OSF.
This adjustment was based, in part, on
providing additional fruit for new and
expanded markets, including those
previously served by imported product,
and the expectation of increased sales as
a result of a smaller than normal tart
cherry crop in Europe this season.
Further, given the rapid increase in
the imported volume of tart cherry juice,
the continued level of imported
product, and the relatively stable level
of domestic shipments, the vast majority
of imported tart cherry products are
going to new markets not previously
served by the domestic industry. While
there may be some common markets,
these new markets serviced by imported
product far exceed the estimated 78
million pounds of tart cherries restricted
by this regulation.
Should domestic handlers decide to
compete in these new markets, in most
cases, restricted cherries could be used,
and the handler could receive diversion
credits under the diversion provisions
of the Order. In addition, USDA is
reviewing extending the maximum
length of these activities from three
years to five years, and expediting the
approval process for some projects, thus
creating even more opportunities to
pursue new markets. These changes
should benefit the industry by creating
new markets for domestic production,
but also by utilizing restricted fruit as a
tool to build additional markets rather
than additional reserves. Consequently,
handlers have ample opportunity to
compete for new markets using
restricted cherries while continuing to
service traditional markets with free
cherries. Should industry efforts cause
demand to exceed available volume,
USDA could release an additional
volume.
Steps have also been taken in this and
previous seasons to put additional fruit
on the market through increased carryout and economic adjustments, and
domestic sales have shown modest
growth. The final percentages
calculation for this season includes an
economic adjustment of 33 million
pounds and a market growth factor of
20.5 million pounds for an additional
53.5 million pounds beyond the average
sales. Moreover, the industry reported a
remaining free carry-in inventory of
over 110.5 million pounds for the 2017–
18 crop year, nearly 54 million pounds
more than the recommend desired
carry-out from 2016–17.
Further, carry-in for the following
season has exceeded the recommended
carry-out for the previous season for
each of the previous three volume
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
regulations. This suggests that even with
established restrictions, unrestricted
fruit is available to meet domestic
demand.
Both commenters expressed concern
that restricted reserve tart cherry
product is being held in inventory
beyond Order requirements. Under the
Order, any product placed by the
handler in the inventory reserve must
have been produced in either the
current or the preceding two crop years.
Handlers can exchange such reserves
with more current product as it ages or
divert it to other approved outlets.
These inventories are reviewed and
monitored for compliance.
One of the commenters also
questioned the statement in the RFA
that the tart cherry market is inelastic,
stating that it is not true for all products,
particularly juice, and that markets
should be looked at on a product by
product basis. While pricing may vary
in the sales of various processed
products, the Order, and this regulation
apply to the entire domestic tart cherry
market. Grower prices remain very
sensitive to changes in supply while
demand remains relatively stable from
year to year. This inelastic nature was
demonstrated by the sharp jump in
average grower price in 2012 to $0.549
per pound with the substantial decrease
in domestic supply and a $0.07 per
pound drop in the grower price from
2015 to 2016 when there was aboveaverage supply.
Finally, both commenters mentioned
the decision in Burnette Foods, Inc. v.
USDA,1 and the trial court’s conclusion
regarding the Board’s composition in
light of 7 CFR 930.20(g), both of which
are being considered on appeal. One of
the commenters stated that in light of
the district court’s decision, the
recommendation of the Board should
not stand. However, as stated in the
proposed rule and in this action, the
Secretary reached the decision
contained in this final rule and has
designated these free and restricted
percentages based on his own
independent evaluation of the
recommendation and supporting
information supplied by the Board.
Therefore, this rulemaking is an action
taken on behalf of the USDA.2
Additional concerns raised in the
comments pertained to issues not
applicable to the proposed rule.
Accordingly, no changes will be made
to the rule as proposed, based on the
comments received.
A small business guide on complying
with fruit, vegetable, and specialty crop
1 No.
2 See
PO 00000
16–cv–21 (W.D. Mich.).
7 CFR 930.51(a).
Frm 00006
Fmt 4700
Sfmt 4700
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matter presented, including the
information and recommendation
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and
recordkeeping requirements, Tart
cherries.
For the reasons set forth in the
preamble, 7 CFR part 930 is amended as
follows:
PART 930—TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON,
UTAH, WASHINGTON, AND
WISCONSIN
1. The authority citation for 7 CFR
part 930 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
■
2. Revise § 930.256 to read as follows:
§ 930.256 Free and restricted percentages
for the 2017–18 crop year.
The percentages for tart cherries
handled by handlers during the crop
year beginning on July 1, 2017, which
shall be free and restricted, respectively,
are designated as follows: Free
percentage, 69 percent and restricted
percentage, 31 percent.
Dated: September 18, 2018.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2018–20583 Filed 9–20–18; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2016–BT–TP–0037]
RIN 1904–AD74
Energy Conservation Program: Test
Procedures for Integrated LightEmitting Diode Lamps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
On July 1, 2016, the U.S.
Department of Energy (DOE) published
a final rule adopting a test procedure for
integrated light-emitting diode (LED)
lamps (hereafter referred to as ‘‘LED
lamps’’) to support the implementation
of labeling provisions by the Federal
Trade Commission, as well as the
general service lamps rulemaking,
which includes LED lamps. This final
rule amends the LED lamps test
procedure by allowing for time to failure
measurements to be taken at elevated
temperatures consistent with the
ENERGY STAR program requirements.
DATES: The effective date of this rule is
October 22, 2018.
ADDRESSES: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
A link to the docket web page can be
found at https://www1.eere.energy.gov/
buildings/appliance_standards/
standards.aspx?productid=19. The
docket web page contains simple
instructions on how to access all
documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
1604. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–6122. Email:
Celia.Sher@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
Table of Contents
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Amended Approach for Determining
Lifetime
C. Test Procedure Costs and Impact
D. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Order 13771
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act of 1995
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
E. Review Under the National
Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates
Reform Act of 1995
I. Review Under the Treasury and General
Government Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal
Energy Administration Act of 1974
N. Congressional Notification
V. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and
Conservation Act of 1975 (42 U.S.C.
6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’),
among other things, authorizes DOE to
regulate the energy efficiency of a
number of consumer products and
industrial equipment.1 Title III, Part B 2
of EPCA established the Energy
Conservation Program for Consumer
Products Other Than Automobiles,
which sets forth a variety of provisions
designed to improve energy efficiency.
These consumer products include
integrated light-emitting diode (LED)
lamps, the subject of this document.
Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of the
Act include definitions (42 U.S.C. 6291),
energy conservation standards (42
U.S.C. 6295), test procedures (42 U.S.C.
6293), labeling provisions (42 U.S.C.
6294), and the authority to require
information and reports from
manufacturers (42 U.S.C. 6296). The
testing requirements consist of test
procedures that manufacturers of
covered products must use as the basis
for (1) certifying to DOE that their
products comply with the applicable
energy conservation standards adopted
under EPCA (42 U.S.C. 6295(s)), and (2)
making representations about the energy
use or efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must
use these test procedures to determine
whether the products comply with any
relevant standards promulgated under
EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
1 All references to EPCA refer to the statute as
amended through the EPS Improvement Act of
2017, Public Law 115–115 (January 12, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
47807
labeling, and standards. (See 42 U.S.C.
6297) DOE may, however, grant waivers
of Federal preemption for particular
State laws or regulations, in accordance
with the procedures and other
provisions of EPCA. (42 U.S.C. 6297(d)
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA provides, in relevant part, that
any test procedures prescribed or
amended under this section shall be
reasonably designed to produce test
results which measure energy
efficiency, energy use or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use and shall not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, if DOE determines that a
test procedure amendment is warranted,
it must publish a proposed test
procedure and offer the public an
opportunity to present oral and written
comments on it. (42 U.S.C. 6293(b)(2))
EPCA also requires that, at least once
every 7 years, DOE review test
procedures for each type of covered
product, including integrated LED
lamps, to determine whether amended
test procedures would more accurately
or fully comply with the requirements
for the test procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A)) If the Secretary
determines, on his own behalf or in
response to a petition by any interested
person, that a test procedure should be
prescribed or amended, the Secretary
shall promptly publish in the Federal
Register proposed test procedures and
afford interested persons an opportunity
to present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days. In prescribing or
amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
notice in the Federal Register of its
determination not to amend the test
procedure. (42 U.S.C. 6293(b)(1)(A))
E:\FR\FM\21SER1.SGM
21SER1
47808
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
DOE published a final rule in the
Federal Register on July 1, 2016
(hereafter the ‘‘July 2016 LED TP final
rule’’), which adopted test procedures
for integrated LED lamps in appendix
BB to subpart B of 10 CFR part 430 to
support the implementation of labeling
provisions by the Federal Trade
Commission, as well as the general
service lamps rulemaking, a category of
lamps that includes LED lamps. 81 FR
43403. On November 4, 2016, DOE
published a notice of proposed
rulemaking (NOPR) (hereafter the
‘‘November 2016 LED TP NOPR’’) in the
Federal Register proposing an
amendment to the integrated LED lamp
test procedures to allow for time to
failure measurements to be taken at
elevated temperatures. 81 FR 76877. In
this final rule, DOE adopts that
amendment and responds to comments
received on the November 2016 LED TP
NOPR.
II. Synopsis of the Final Rule
Based on stakeholder feedback since
the publication of the July 2016 LED TP
final rule, DOE proposed in the
November 2016 LED TP NOPR to allow
time to failure measurements collected
for DOE’s LED lamps test procedure to
be taken at elevated temperatures. In
this final rule, DOE amends the test
procedure for integrated LED lamps as
proposed in the NOPR without any
further modification.
The effective date for the amended
test procedures adopted in this final
rule will be 30 days after publication of
this document in the Federal Register.
Representations of energy use or energy
efficiency must be based on testing in
accordance with the amended test
procedures beginning 180 days after the
publication of this final rule. DOE notes
that the amended test procedure allows
measurements to be taken at elevated
temperatures but does not require it.
daltland on DSKBBV9HB2PROD with RULES
III. Discussion
A. Scope of Applicability
EPCA defines an LED as a p-n
junction 3 solid-state device, the
radiated output of which, either in the
infrared region, visible region, or
ultraviolet region, is a function of the
physical construction, material used,
and exciting current of the device. (42
U.S.C. 6291(30)(CC)) In the July 2016
LED TP final rule, DOE stated that the
rulemaking applied to LED lamps that
met DOE’s adopted definition of an
3 P-n junction is the boundary between p-type
and n-type material in a semiconductor device,
such as LEDs. P-n junctions are diodes, active sites
where current can flow readily in one direction but
not in the other direction.
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
integrated LED lamp, which was based
on the term as defined by ANSI/IES 4
RP–16–2010, ‘‘Nomenclature and
Definitions for Illuminating
Engineering,’’ and adopted as follows:
Integrated light-emitting diode lamp
means an integrated LED lamp as
defined in ANSI/IES RP–16.
The ANSI/IES standard defines an
integrated LED lamp as an integrated
assembly that comprises LED packages
(components) or LED arrays (modules)
(collectively referred to as an LED
source), an LED driver, an ANSI
standard base, and other optical,
thermal, mechanical and electrical
components (such as phosphor layers,
insulating materials, fasteners to hold
components within the lamp together,
and electrical wiring). The LED lamp is
intended to connect directly to a branch
circuit through a corresponding ANSI
standard socket. 81 FR 43405.
B. Amended Approach for Determining
Lifetime
In the July 2016 LED TP final rule,
DOE adopted test procedures, located in
appendix BB to subpart B of 10 CFR part
430, for measuring and projecting time
to failure of LED lamps based on lumen
maintenance data. The adopted test
procedures were largely based on the
industry standards IES LM–84–14,
‘‘Approved Method: Measuring
Luminous Flux and Color Maintenance
of LED Lamps, Light Engines, and
Luminaires,’’ and IES TM–28–14,
‘‘Projecting Long-Term Luminous Flux
Maintenance of LED Lamps and
Luminaires,’’ for the applicable lumen
maintenance measurements and time to
failure projection methods, with some
modifications. 81 FR 43427–43428 (July
1, 2016). IES LM–84–14 provides a
method for lumen maintenance
measurement of integrated LED lamps
and specifies the operational and
environmental conditions during testing
such as operating cycle, ambient
temperature, airflow, and orientation.
Lumen maintenance is the measure of
lumen output after an elapsed operating
time, expressed as a percentage of the
initial lumen output. IES TM–28–14
provides methods for projecting the
lumen maintenance of integrated LED
lamps depending on the available data
and test duration. The provided
methods include projecting time to
failure using multiple lumen
maintenance measurements collected
over a period of time, rather than a
single measurement at the end of the
test duration. 81 FR 43409 (July 1,
2016). DOE’s test procedure adopted in
4 American National Standards Institute/
Illuminating Engineering Society of North America
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
the July 2016 LED TP final rule requires
that the projection calculation be
completed for each individual LED
lamp and the projected time to failure
values then be used to calculate the
lifetime of the sample using the
prescribed methods. 81 FR 43414. The
lumen maintenance measurements used
in the projection are specified to be
taken at an ambient temperature of 25
°C ± 5 °C.
After the publication of the July 2016
LED TP final rule, the National
Electrical Manufacturers Association
(NEMA) requested that DOE approve the
use of test results from the Elevated
Temperature Life Test 5 contained in the
ENERGY STAR Program Requirements
Product Specification for Lamps (Light
Bulbs) Eligibility Criteria Version 2.0
(hereafter ‘‘ENERGY STAR Lamps
Specification V2.0’’) 6 in place of the test
method for measuring lumen
maintenance and time to failure in
DOE’s LED lamps test procedure
because it would reduce test burden.
NEMA asserted that because the test
conditions from the Elevated
Temperature Life Test are more
stringent, the test results, if different,
would be more conservative than if the
lamps were tested according to the
current DOE LED lamps test procedure.
81 FR 76878–76879 (November 4, 2016).
In response to this request, DOE
proposed in the November 2016 LED TP
NOPR to amend the integrated LED
lamps test procedure to allow for time
to failure testing to be conducted at
elevated temperatures.
As noted in the November 2016 LED
TP NOPR, DOE compared the current
DOE LED lamps test procedure and the
methods contained in the ENERGY
STAR Elevated Temperature Life Test
and determined that the operating
temperature test conditions specified in
the ENERGY STAR Elevated
Temperature Life Test will more
negatively affect performance values
than those prescribed in DOE’s LED
lamps test procedure since the Elevated
Temperature Life Test requires testing of
LED lamps at higher ambient
temperatures. Specifically, the Elevated
Temperature Life Test requires
directional lamps with rated wattages
less than or equal to 20 W to be tested
at 45 °C ± 5 °C; directional lamps with
rated wattages greater than 20 W to be
5 The ENERGY STAR Elevated Temperature Life
Test Method can be found at https://www.
energystar.gov/sites/default/files/ENERGY%20
STAR%20Elevated%20Temperature%20
Life%20Test%20Method.pdf.
6 ‘‘ENERGY STAR Program Requirements:
Product Specification for Lamps (Light Bulbs)
Version 2.0.’’ U.S. Environmental Protection
Agency, February 2016.
E:\FR\FM\21SER1.SGM
21SER1
daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
tested at 55 °C ± 5 °C; and all other
omnidirectional and decorative lamps to
be tested at 45 °C ± 5 °C. DOE’s test
procedure requires operating
temperature to be maintained at 25 °C
± 5 °C. 81 FR at 76879 (November 4,
2016).
In addition to a difference in ambient
temperature during lumen maintenance
testing, DOE noted in the November
2016 LED TP NOPR that ENERGY
STAR’s and DOE’s test procedures also
differ in how to determine the value of
lifetime. ENERGY STAR’s test
procedure provides a method to confirm
a manufacturer-declared lifetime value.
It requires manufacturers to meet or
exceed minimum lumen maintenance
values at a specific test duration to be
able to claim a certain maximum
lifetime. For example, for a lamp to be
certified with a lifetime of 25,000 hours,
that lamp must achieve a minimum
lumen maintenance of 91.8 percent after
6,000 hours of operation. DOE’s test
procedure for determining lifetime
depends on the time to failure of
individual units, which is determined
by taking lumen maintenance
measurements at multiple intervals and
then calculating the time to failure. For
example, after 6,000 hours of testing,
manufacturers can use the specified
method to project a lamp’s time to
failure value to be up to 36,000 hours.
Lifetime is then determined by
calculating the median time to failure of
the sample (calculated as the arithmetic
mean of the time to failure of the two
middle sample units when the numbers
are sorted in value order). This is
consistent with the statutory definition
of lifetime, which is described as the
length of operating time of a statistically
large group of lamps between first use
and failure of 50 percent of the group.
42 U.S.C. 6291(30)(P).
To maintain consistency with the
statutory definition of lifetime, in the
November 2016 LED TP NOPR, DOE did
not propose to allow for an entire
substitution of the ENERGY STAR
lifetime test procedure in place of DOE’s
time to failure measurements. Instead,
DOE proposed to amend section 4.4.4 of
appendix BB to allow time to failure
testing to be conducted at elevated
temperatures above the current
requirement, which stipulates to
maintain ambient operating temperature
at 25 °C ± 5 °C. Manufacturers would
then have the flexibility to conduct the
Elevated Temperature Life Test for
ENERGY STAR, while also following
the calculation method for DOE’s LED
lamps test procedure, and avoid test
duplication. LED lamps are sensitive to
changes in ambient temperature,
generally performing less favorably at
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
higher temperatures. DOE tentatively
concluded that this proposed change
would result in, if any difference, more
conservative representations of lifetime.
Id.
DOE received only one stakeholder
comment pertaining to LED lamps and
the proposed test procedure
amendment. Intertek commented that
they support the proposed amendment
to the test procedure and added that
testing at elevated temperature is more
stringent than at normal ambient
temperatures (i.e., 25 °C). Intertek
concluded that laboratory tests have
confirmed this assessment and noted
that elevated temperatures stress each of
the lamp components in conditions that
more accurately reflect the end-use
environments of lamps intended for use
in enclosed or recessed fixtures.
(Intertek, No. 2 at p. 1) DOE appreciates
the feedback confirming that testing at
elevated temperatures results in more
conservative estimates for lamp lifetime.
DOE did not receive any other
comments. Therefore, DOE is adopting
the amendment to the integrated LED
lamps test procedure as proposed in the
November 2016 LED TP. Thus, DOE is
amending section 4.4.4 of appendix BB
to subpart B of 10 CFR part 430 to allow
time to failure testing to be conducted
at an ambient temperature of 25 °C ± 5
°C or at a manufacturer-selected
temperature higher than 25 °C with the
same ±5 °C tolerance.
C. Test Procedure Costs and Impact
EPCA requires that test procedures
adopted by DOE not be unduly
burdensome to conduct. In this
document, DOE amends the existing test
procedure for integrated LED lamps by
allowing time to failure testing to be
conducted at temperatures higher than
ambient temperature. DOE has
determined that this amendment would
not be unduly burdensome for
manufacturers to conduct and instead
would decrease the test burden for
many manufacturers that participate in
the ENERGY STAR program.
The existing test procedure for
integrated LED lamps, adopted in the
July 2016 LED TP final rule, included a
method to determine lifetime in support
of Federal Trade Commission (FTC)
labeling requirements. As such, any
integrated LED lamp that makes
representations of lifetime must use
DOE’s test procedure to determine
lifetime. Many manufacturers also
participate in the ENERGY STAR
program and certify models of
integrated LED lamps as compliant with
those voluntary requirements. The
ENERGY STAR specification for lamps
requires that models be tested for
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
47809
lifetime at elevated temperatures unless
they are labeled (1) ‘‘not for use in
totally enclosed luminaires’’ (or
equivalent statement), and (2) ‘‘not for
use in recessed luminaires’’ (or
equivalent statement) on the lamp and
lamp packaging.7 There are 8,051
distinct models of LED lamps certified
through the ENERGY STAR program. Of
these, there are 1,816 models of LED
lamps certified as meeting the criteria to
be tested at ambient temperature. That
means the remaining 6,235 models of
LED lamps that are certified in ENERGY
STAR must be tested at elevated
temperatures.
As described in section III.B, DOE is
amending the test procedure for
integrated LED lamps to allow time to
failure testing to be conducted at either
ambient temperature or at a
manufacturer-selected temperature
higher than ambient temperature. The
amendment does not require any
integrated LED lamp model to be
retested. Currently under the DOE
requirements, representations of lifetime
require the use of test values obtained
at ambient temperature, which will still
be permitted under the amendment
adopted in this final rule. However, this
amendment can reduce burden for
manufacturers who also certify models
in the ENERGY STAR program in
categories that require the testing of
lifetime to be at elevated temperatures.
Rather than conduct two separate tests
for lifetime—one at ambient
temperature per DOE’s test procedure
and one at elevated temperature per
ENERGY STAR’s test procedure—they
can now conduct only one test at
elevated temperature and use the test
data to satisfy the requirements of both
the mandatory Federal regulatory
program and the voluntary ENERGY
STAR program.
Because the market for integrated LED
lamps is rapidly changing, DOE
estimates, using information from lamp
manufacturer interviews, that basic
models of LED lamps are distributed in
commerce for about two years before
new models are introduced to take their
place. While manufacturers must submit
a report annually to certify a basic
model’s representation of lifetime, basic
models do not need to be retested
annually, unless required to support
certification of a new, more efficient
rating.8 Because of the short time that
7 ENERGY STAR’s Specification for Lamps V2.1
is available here: https://www.energystar.gov/sites/
default/files/ENERGY%20STAR%20Lamps%20V2.
1%20Final%20Specification_1.pdf.
8 See guidance issued by DOE at https://
www.regulations.gov/document?D=EERE-2016-BTTP-0037-0004.
E:\FR\FM\21SER1.SGM
21SER1
47810
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
basic models of LED lamps are
distributed in commerce, DOE has
determined that represented values for
LED lamps are not revised during the
two years they are distributed. Thus,
DOE concludes that lifetime testing is
conducted every two years for the
number of basic models on the market,
or every year for half the number of
models on the market. In the July 2016
LED TP final rule, DOE estimated the
cost of a lifetime test at a third-party lab
to be $7,880 per basic model. 81 FR
43404, 43422 (July 1, 2016). If all of the
6,235 models of integrated LED lamps
certified in ENERGY STAR that require
testing at elevated temperatures were to
conduct only one lifetime test instead of
two, DOE estimates that the net present
value (NPV) of savings would be up to
$754 million at a 3 percent discount rate
or up to $311 million at a 7 percent
discount rate.
TABLE III.1—INTEGRATED LED LAMP COSTS OR (SAVINGS)
Costs or
(savings)
One Time Costs or (Savings) ..........................................................................................................................
Annual Costs or (Savings) ...............................................................................................................................
NPV at 3% .......................................................................................................................................................
NPV at 7% .......................................................................................................................................................
Annualized Costs or (Savings) at 3% .............................................................................................................
Annualized Costs or (Savings) at 7% .............................................................................................................
D. Effective and Compliance Dates
The effective date for the adopted test
procedure amendment will be 30 days
after publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the final
rule in the Federal Register. (42 U.S.C.
6293(c)(2)) EPCA provides an allowance
for individual manufacturers to petition
DOE for an extension beyond the 180day statutory period if the manufacturer
may experience undue hardship in
meeting the deadline. (42 U.S.C.
6293(c)(3)) To receive such an
extension, petitions must be filed with
DOE no later than 60 days before the
end of the 180-day period and must
detail how the manufacturer will
experience undue hardship. (Id.)
daltland on DSKBBV9HB2PROD with RULES
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this test
procedure rulemaking is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under
the Executive Order by the Office of
Information and Regulatory Affairs
(OIRA) in the OMB.
B. Review Under Executive Order 13771
On January 30, 2017, the President
issued Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’ The Executive Order
stated the policy of the executive branch
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
is to be prudent and financially
responsible in the expenditure of funds,
from both public and private sources.
The Order stated that it is essential to
manage the costs associated with the
governmental imposition of private
expenditures required to comply with
Federal regulations. Consistent with
Executive Order 13771, this final rule is
estimated to result in cost savings.
Assuming a 7 percent discount rate, the
final rule yields annualized cost savings
of approximately $22.96 million
(2016$). Therefore, this rule is an
Executive Order 13771 deregulatory
action.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(FRFA) for any final rule where the
agency was first required by law to
publish a proposed rule 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 DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: https://energy.gov/gc/
office-general-counsel. DOE certified in
the November 2016 LED TP NOPR that
the adopted test procedure amendment
will not have a significant economic
impact on a substantial number of small
entities, and the preparation of a FRFA
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
$0
(23,321,650)
(754,745,955)
(311,370,494)
(22,642,379)
(21,795,935)
Costs or
(savings)
(millions)
$0.00
(23.32)
(754.75)
(311.37)
(22.64)
(21.80)
is not warranted. The factual basis for
this certification is discussed in the
following paragraphs.
The Small Business Administration
(SBA) considers a business entity to be
a small business, if, together with its
affiliates, it employs less than a
threshold number of workers specified
in 13 CFR part 121. These size standards
and codes are established by the North
American Industry Classification
System (NAICS). Manufacturing of LED
lamps is classified under NAICS
335110, ‘‘Electric Lamp Bulb and Part
Manufacturing.’’ The SBA sets a
threshold of 1,250 employees or less for
an entity to be considered as a small
business for this category.
To estimate the number of companies
that could be small businesses that sell
LED lamps covered by this rulemaking,
DOE conducted a market survey using
publicly available information. DOE’s
research involved information from the
Environmental Protection Agency’s
ENERGY STAR Certified Light Bulbs
Database,9 previous rulemakings,
individual company websites, SBA’s
database, and market research tools
(e.g., Hoover’s 10 reports). DOE screened
out companies that did not meet the
definition of a ‘‘small business’’ or are
completely foreign owned and operated.
DOE identified approximately seven
small businesses that maintain domestic
production facilities for the integrated
LED lamps covered by this rulemaking.
DOE notes that this final rule merely
amends the existing LED test procedure
in a way that will reduce test burden on
manufacturers by providing the option
of testing at elevated temperatures. The
9 ENERGY STAR Certified Light Bulbs Database,
https://www.energystar.gov/productfinder/product/
certified-light-bulbs/results (last accessed April 2,
2018).
10 https://hoovers.com/.
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
adopted amendment will reduce the
instances in which two tests for lifetime
must be conducted for the same lamp.
In addition, the amendment is
supported by industry, including
NEMA. Manufacturers that seek to test
time to failure at elevated temperatures
under the amendment are likely to have
previously accounted for testing costs
associated with the ENERGY STAR
program as these measurements are
required to be reported to ENERGY
STAR if manufacturers certify the lamps
as meeting the program requirements.
For manufacturers who do not test
products at elevated temperatures, this
amendment presents no additional
burden.
Based on the criteria outlined earlier
and the reasons discussed in this
section, DOE previously certified in the
November 2016 LED TP NOPR that the
amendment adopted in this final rule
will not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification has not changed.
daltland on DSKBBV9HB2PROD with RULES
D. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of LED lamps must
certify to DOE that their products
comply with any applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including LED lamps. (See generally 10
CFR part 429.) The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor must any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
E. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE amends its test
procedure for LED lamps. DOE has
determined that this rule 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 final rule
amends the existing test procedure for
integrated LED lamps without affecting
the amount, quality or distribution of
energy usage, and, therefore, will not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to
any rulemaking that interprets or
amends an existing rule without
changing the environmental effect of
that rule. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
F. 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 has
examined this final rule and has
determined that it will 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 this
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
47811
G. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 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, (3)
provide a clear legal standard for
affected conduct rather than a general
standard, and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
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 sections 3(a) and 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.
H. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting 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
E:\FR\FM\21SER1.SGM
21SER1
47812
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
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 https://
energy.gov/gc/office-general-counsel.
DOE examined this final rule according
to UMRA and its statement of policy
and determined that the 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 do not
apply.
I. 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.
daltland on DSKBBV9HB2PROD with RULES
J. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
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 significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action to amend the
test procedure for measuring the lumen
maintenance and time to failure of LED
lamps is not a significant regulatory
action under Executive Order 12866.
Moreover, it will not have a significant
adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as a significant energy
action by the Administrator of OIRA.
Therefore, it is not a significant energy
action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.
K. Review Under 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 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
this final rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
M. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the FTC concerning the impact of the
commercial or industry standards on
competition.
The amendment to the test procedures
for LED lamps adopted in this final rule
does not incorporate any new standards
that would require compliance under
section 32(b) of the FEAA.
L. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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).
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
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.
Issued in Washington, DC, September 14,
2018.
Cathy Tripodi,
Acting Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal
Regulations as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
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.
2. Appendix BB to subpart B of part
430 is amended by revising the
introductory note and second sentence
of section 4.4.4 to read as follows:
■
Appendix BB to Subpart B of Part 430—
Uniform Test Method for Measuring the
Input Power, Lumen Output, Lamp
Efficacy, Correlated Color Temperature
(CCT), Color Rendering Index (CRI),
Power Factor, Time to Failure, and
Standby Mode Power of Integrated
Light-Emitting Diode (LED) Lamps
Note: On or after March 20, 2019, any
representations made with respect to the
energy use or efficiency of integrated lightemitting diode lamps must be made in
accordance with the results of testing
pursuant to this appendix.
*
*
*
*
*
4. Active Mode Test Method to Measure Time
to Failure
*
*
*
*
*
4.4. Operating Conditions and Setup Between
Lumen Output Measurements
*
*
*
*
*
4.4.4. * * * Maintain the ambient
temperature at 25 °C ± 5 °C or at a
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations
manufacturer-selected temperature higher
than 25 °C with the same ±5 °C tolerance.
*
*
*
*
*
[FR Doc. 2018–20599 Filed 9–20–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0359; Product
Identifier 2018–NM–040–AD; Amendment
39–19405; AD 2018–19–05]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Dassault Aviation Model MYSTEREFALCON 900 airplanes. This AD was
prompted by a determination that more
restrictive maintenance requirements
and airworthiness limitations are
necessary. This AD requires revising the
maintenance or inspection program, as
applicable, to incorporate new and more
restrictive maintenance requirements
and airworthiness limitations. We are
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective October 26,
2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 26, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–
440–6700; internet https://
www.dassaultfalcon.com. You may
view this service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–
0359.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0359; or in person at Docket Operations
VerDate Sep<11>2014
16:15 Sep 20, 2018
Jkt 244001
47813
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The address for Docket
Operations (phone: 800–647–5527) is
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226.
SUPPLEMENTARY INFORMATION:
Dassault Myste`re-Falcon 900 AMM chapter
5–40 Revision 22.
Since that [EASA] AD was issued, Dassault
issued Revision 23 of the Dassault Myste`reFalcon 900 AMM chapter 5–40, which
introduces new and more restrictive
maintenance requirements and/or
airworthiness limitations.
For the reason described above, this
[EASA] AD retains the requirements of EASA
AD 2016–0127, which is superseded, and
requires accomplishment of the actions
specified in Revision 23 of the Dassault
Myste`re-Falcon 900 AMM chapter 5–40
* * *.
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. The
NPRM published in the Federal
Register on April 30, 2018 (83 FR
18753). The NPRM was prompted by a
determination that more restrictive
maintenance requirements and
airworthiness limitations are necessary.
The NPRM proposed to require revising
the maintenance or inspection program,
as applicable, to incorporate new and
more restrictive maintenance
requirements and airworthiness
limitations. We are issuing this AD to
prevent reduced structural integrity of
the airplane.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2018–0027,
dated January 30, 2018 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Dassault Aviation Model
MYSTERE-FALCON 900 airplanes. The
MCAI states:
Comments
The airworthiness limitations and
certification maintenance instructions for the
Dassault Myste`re-Falcon 900 aeroplanes,
which are approved by EASA, are currently
defined and published in the Dassault
Myste`re-Falcon 900 [Airplane Maintenance
Manual] AMM chapter 5–40. These
instructions have been identified as
mandatory for continued airworthiness.
Failure to accomplish these instructions
could result in an unsafe condition [i.e.,
reduced structural integrity of the airplane].
Consequently, EASA issued AD 2016–0127
[which corresponds to FAA AD 2017–19–03
Amendment 39–19033 (82 FR 43166,
September 14, 2017) (‘‘AD 2017–19–03’’)] to
require accomplishment of the maintenance
tasks, and implementation of the
airworthiness limitations, as specified in
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0359.
We gave the public the opportunity to
participate in developing this final rule.
We received no comments on the NPRM
or on the determination of the cost to
the public.
Conclusion
We reviewed the relevant data and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. We have determined
that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
Dassault Aviation has issued Chapter
5–40, Airworthiness Limitations,
Revision 23, dated September 2017, of
the Dassault Aviation Falcon 900
Maintenance Manual. This service
information describes procedures,
maintenance tasks, and airworthiness
limitations specified in the
Airworthiness Limitations Section
(ALS) of the AMM. This service
information is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in the ADDRESSES section.
Costs of Compliance
We estimate that this AD affects 65
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
We have determined that revising the
maintenance or inspection program
takes an average of 90 work-hours per
operator, although we recognize that
this number may vary from operator to
E:\FR\FM\21SER1.SGM
21SER1
]]>Agencies
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47806-47813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20599]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2016-BT-TP-0037]
RIN 1904-AD74
Energy Conservation Program: Test Procedures for Integrated
Light-Emitting Diode Lamps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 47807]]
SUMMARY: On July 1, 2016, the U.S. Department of Energy (DOE) published
a final rule adopting a test procedure for integrated light-emitting
diode (LED) lamps (hereafter referred to as ``LED lamps'') to support
the implementation of labeling provisions by the Federal Trade
Commission, as well as the general service lamps rulemaking, which
includes LED lamps. This final rule amends the LED lamps test procedure
by allowing for time to failure measurements to be taken at elevated
temperatures consistent with the ENERGY STAR program requirements.
DATES: The effective date of this rule is October 22, 2018.
ADDRESSES: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
A link to the docket web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=19. The docket web page contains simple
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-1604. Email:
[email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 287-6122. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Amended Approach for Determining Lifetime
C. Test Procedure Costs and Impact
D. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Order 13771
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General Government Appropriations
Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
N. Congressional Notification
V. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act''), among other things,
authorizes DOE to regulate the energy efficiency of a number of
consumer products and industrial equipment.\1\ Title III, Part B \2\ of
EPCA established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency. These consumer products include
integrated light-emitting diode (LED) lamps, the subject of this
document.
---------------------------------------------------------------------------
\1\ All references to EPCA refer to the statute as amended
through the EPS Improvement Act of 2017, Public Law 115-115 (January
12, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of the Act include definitions (42 U.S.C. 6291), energy
conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C.
6293), labeling provisions (42 U.S.C. 6294), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The testing requirements consist of test procedures that manufacturers
of covered products must use as the basis for (1) certifying to DOE
that their products comply with the applicable energy conservation
standards adopted under EPCA (42 U.S.C. 6295(s)), and (2) making
representations about the energy use or efficiency of those products
(42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (See
42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption
for particular State laws or regulations, in accordance with the
procedures and other provisions of EPCA. (42 U.S.C. 6297(d)
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides, in relevant part, that any test
procedures prescribed or amended under this section shall be reasonably
designed to produce test results which measure energy efficiency,
energy use or estimated annual operating cost of a covered product
during a representative average use cycle or period of use and shall
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish a proposed test procedure and offer the
public an opportunity to present oral and written comments on it. (42
U.S.C. 6293(b)(2)) EPCA also requires that, at least once every 7
years, DOE review test procedures for each type of covered product,
including integrated LED lamps, to determine whether amended test
procedures would more accurately or fully comply with the requirements
for the test procedures to not be unduly burdensome to conduct and be
reasonably designed to produce test results that reflect energy
efficiency, energy use, and estimated operating costs during a
representative average use cycle or period of use. (42 U.S.C.
6293(b)(1)(A)) If the Secretary determines, on his own behalf or in
response to a petition by any interested person, that a test procedure
should be prescribed or amended, the Secretary shall promptly publish
in the Federal Register proposed test procedures and afford interested
persons an opportunity to present oral and written data, views, and
arguments with respect to such procedures. The comment period on a
proposed rule to amend a test procedure shall be at least 60 days and
may not exceed 270 days. In prescribing or amending a test procedure,
the Secretary shall take into account such information as the Secretary
determines relevant to such procedure, including technological
developments relating to energy use or energy efficiency of the type
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions are not appropriate, DOE must
publish notice in the Federal Register of its determination not to
amend the test procedure. (42 U.S.C. 6293(b)(1)(A))
[[Page 47808]]
DOE published a final rule in the Federal Register on July 1, 2016
(hereafter the ``July 2016 LED TP final rule''), which adopted test
procedures for integrated LED lamps in appendix BB to subpart B of 10
CFR part 430 to support the implementation of labeling provisions by
the Federal Trade Commission, as well as the general service lamps
rulemaking, a category of lamps that includes LED lamps. 81 FR 43403.
On November 4, 2016, DOE published a notice of proposed rulemaking
(NOPR) (hereafter the ``November 2016 LED TP NOPR'') in the Federal
Register proposing an amendment to the integrated LED lamp test
procedures to allow for time to failure measurements to be taken at
elevated temperatures. 81 FR 76877. In this final rule, DOE adopts that
amendment and responds to comments received on the November 2016 LED TP
NOPR.
II. Synopsis of the Final Rule
Based on stakeholder feedback since the publication of the July
2016 LED TP final rule, DOE proposed in the November 2016 LED TP NOPR
to allow time to failure measurements collected for DOE's LED lamps
test procedure to be taken at elevated temperatures. In this final
rule, DOE amends the test procedure for integrated LED lamps as
proposed in the NOPR without any further modification.
The effective date for the amended test procedures adopted in this
final rule will be 30 days after publication of this document in the
Federal Register. Representations of energy use or energy efficiency
must be based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule. DOE notes
that the amended test procedure allows measurements to be taken at
elevated temperatures but does not require it.
III. Discussion
A. Scope of Applicability
EPCA defines an LED as a p-n junction \3\ solid-state device, the
radiated output of which, either in the infrared region, visible
region, or ultraviolet region, is a function of the physical
construction, material used, and exciting current of the device. (42
U.S.C. 6291(30)(CC)) In the July 2016 LED TP final rule, DOE stated
that the rulemaking applied to LED lamps that met DOE's adopted
definition of an integrated LED lamp, which was based on the term as
defined by ANSI/IES \4\ RP-16-2010, ``Nomenclature and Definitions for
Illuminating Engineering,'' and adopted as follows:
---------------------------------------------------------------------------
\3\ P-n junction is the boundary between p-type and n-type
material in a semiconductor device, such as LEDs. P-n junctions are
diodes, active sites where current can flow readily in one direction
but not in the other direction.
\4\ American National Standards Institute/Illuminating
Engineering Society of North America
---------------------------------------------------------------------------
Integrated light-emitting diode lamp means an integrated LED lamp
as defined in ANSI/IES RP-16.
The ANSI/IES standard defines an integrated LED lamp as an
integrated assembly that comprises LED packages (components) or LED
arrays (modules) (collectively referred to as an LED source), an LED
driver, an ANSI standard base, and other optical, thermal, mechanical
and electrical components (such as phosphor layers, insulating
materials, fasteners to hold components within the lamp together, and
electrical wiring). The LED lamp is intended to connect directly to a
branch circuit through a corresponding ANSI standard socket. 81 FR
43405.
B. Amended Approach for Determining Lifetime
In the July 2016 LED TP final rule, DOE adopted test procedures,
located in appendix BB to subpart B of 10 CFR part 430, for measuring
and projecting time to failure of LED lamps based on lumen maintenance
data. The adopted test procedures were largely based on the industry
standards IES LM-84-14, ``Approved Method: Measuring Luminous Flux and
Color Maintenance of LED Lamps, Light Engines, and Luminaires,'' and
IES TM-28-14, ``Projecting Long-Term Luminous Flux Maintenance of LED
Lamps and Luminaires,'' for the applicable lumen maintenance
measurements and time to failure projection methods, with some
modifications. 81 FR 43427-43428 (July 1, 2016). IES LM-84-14 provides
a method for lumen maintenance measurement of integrated LED lamps and
specifies the operational and environmental conditions during testing
such as operating cycle, ambient temperature, airflow, and orientation.
Lumen maintenance is the measure of lumen output after an elapsed
operating time, expressed as a percentage of the initial lumen output.
IES TM-28-14 provides methods for projecting the lumen maintenance of
integrated LED lamps depending on the available data and test duration.
The provided methods include projecting time to failure using multiple
lumen maintenance measurements collected over a period of time, rather
than a single measurement at the end of the test duration. 81 FR 43409
(July 1, 2016). DOE's test procedure adopted in the July 2016 LED TP
final rule requires that the projection calculation be completed for
each individual LED lamp and the projected time to failure values then
be used to calculate the lifetime of the sample using the prescribed
methods. 81 FR 43414. The lumen maintenance measurements used in the
projection are specified to be taken at an ambient temperature of 25
[deg]C 5 [deg]C.
After the publication of the July 2016 LED TP final rule, the
National Electrical Manufacturers Association (NEMA) requested that DOE
approve the use of test results from the Elevated Temperature Life Test
\5\ contained in the ENERGY STAR Program Requirements Product
Specification for Lamps (Light Bulbs) Eligibility Criteria Version 2.0
(hereafter ``ENERGY STAR Lamps Specification V2.0'') \6\ in place of
the test method for measuring lumen maintenance and time to failure in
DOE's LED lamps test procedure because it would reduce test burden.
NEMA asserted that because the test conditions from the Elevated
Temperature Life Test are more stringent, the test results, if
different, would be more conservative than if the lamps were tested
according to the current DOE LED lamps test procedure. 81 FR 76878-
76879 (November 4, 2016). In response to this request, DOE proposed in
the November 2016 LED TP NOPR to amend the integrated LED lamps test
procedure to allow for time to failure testing to be conducted at
elevated temperatures.
---------------------------------------------------------------------------
\5\ The ENERGY STAR Elevated Temperature Life Test Method can be
found at https://www.energystar.gov/sites/default/files/ENERGY%20STAR%20Elevated%20Temperature%20Life%20Test%20Method.pdf.
\6\ ``ENERGY STAR Program Requirements: Product Specification
for Lamps (Light Bulbs) Version 2.0.'' U.S. Environmental Protection
Agency, February 2016.
---------------------------------------------------------------------------
As noted in the November 2016 LED TP NOPR, DOE compared the current
DOE LED lamps test procedure and the methods contained in the ENERGY
STAR Elevated Temperature Life Test and determined that the operating
temperature test conditions specified in the ENERGY STAR Elevated
Temperature Life Test will more negatively affect performance values
than those prescribed in DOE's LED lamps test procedure since the
Elevated Temperature Life Test requires testing of LED lamps at higher
ambient temperatures. Specifically, the Elevated Temperature Life Test
requires directional lamps with rated wattages less than or equal to 20
W to be tested at 45 [deg]C 5 [deg]C; directional lamps
with rated wattages greater than 20 W to be
[[Page 47809]]
tested at 55 [deg]C 5 [deg]C; and all other
omnidirectional and decorative lamps to be tested at 45 [deg]C 5 [deg]C. DOE's test procedure requires operating temperature to
be maintained at 25 [deg]C 5 [deg]C. 81 FR at 76879
(November 4, 2016).
In addition to a difference in ambient temperature during lumen
maintenance testing, DOE noted in the November 2016 LED TP NOPR that
ENERGY STAR's and DOE's test procedures also differ in how to determine
the value of lifetime. ENERGY STAR's test procedure provides a method
to confirm a manufacturer-declared lifetime value. It requires
manufacturers to meet or exceed minimum lumen maintenance values at a
specific test duration to be able to claim a certain maximum lifetime.
For example, for a lamp to be certified with a lifetime of 25,000
hours, that lamp must achieve a minimum lumen maintenance of 91.8
percent after 6,000 hours of operation. DOE's test procedure for
determining lifetime depends on the time to failure of individual
units, which is determined by taking lumen maintenance measurements at
multiple intervals and then calculating the time to failure. For
example, after 6,000 hours of testing, manufacturers can use the
specified method to project a lamp's time to failure value to be up to
36,000 hours. Lifetime is then determined by calculating the median
time to failure of the sample (calculated as the arithmetic mean of the
time to failure of the two middle sample units when the numbers are
sorted in value order). This is consistent with the statutory
definition of lifetime, which is described as the length of operating
time of a statistically large group of lamps between first use and
failure of 50 percent of the group. 42 U.S.C. 6291(30)(P).
To maintain consistency with the statutory definition of lifetime,
in the November 2016 LED TP NOPR, DOE did not propose to allow for an
entire substitution of the ENERGY STAR lifetime test procedure in place
of DOE's time to failure measurements. Instead, DOE proposed to amend
section 4.4.4 of appendix BB to allow time to failure testing to be
conducted at elevated temperatures above the current requirement, which
stipulates to maintain ambient operating temperature at 25 [deg]C
5 [deg]C. Manufacturers would then have the flexibility to
conduct the Elevated Temperature Life Test for ENERGY STAR, while also
following the calculation method for DOE's LED lamps test procedure,
and avoid test duplication. LED lamps are sensitive to changes in
ambient temperature, generally performing less favorably at higher
temperatures. DOE tentatively concluded that this proposed change would
result in, if any difference, more conservative representations of
lifetime. Id.
DOE received only one stakeholder comment pertaining to LED lamps
and the proposed test procedure amendment. Intertek commented that they
support the proposed amendment to the test procedure and added that
testing at elevated temperature is more stringent than at normal
ambient temperatures (i.e., 25 [deg]C). Intertek concluded that
laboratory tests have confirmed this assessment and noted that elevated
temperatures stress each of the lamp components in conditions that more
accurately reflect the end-use environments of lamps intended for use
in enclosed or recessed fixtures. (Intertek, No. 2 at p. 1) DOE
appreciates the feedback confirming that testing at elevated
temperatures results in more conservative estimates for lamp lifetime.
DOE did not receive any other comments. Therefore, DOE is adopting the
amendment to the integrated LED lamps test procedure as proposed in the
November 2016 LED TP. Thus, DOE is amending section 4.4.4 of appendix
BB to subpart B of 10 CFR part 430 to allow time to failure testing to
be conducted at an ambient temperature of 25 [deg]C 5
[deg]C or at a manufacturer-selected temperature higher than 25 [deg]C
with the same 5 [deg]C tolerance.
C. Test Procedure Costs and Impact
EPCA requires that test procedures adopted by DOE not be unduly
burdensome to conduct. In this document, DOE amends the existing test
procedure for integrated LED lamps by allowing time to failure testing
to be conducted at temperatures higher than ambient temperature. DOE
has determined that this amendment would not be unduly burdensome for
manufacturers to conduct and instead would decrease the test burden for
many manufacturers that participate in the ENERGY STAR program.
The existing test procedure for integrated LED lamps, adopted in
the July 2016 LED TP final rule, included a method to determine
lifetime in support of Federal Trade Commission (FTC) labeling
requirements. As such, any integrated LED lamp that makes
representations of lifetime must use DOE's test procedure to determine
lifetime. Many manufacturers also participate in the ENERGY STAR
program and certify models of integrated LED lamps as compliant with
those voluntary requirements. The ENERGY STAR specification for lamps
requires that models be tested for lifetime at elevated temperatures
unless they are labeled (1) ``not for use in totally enclosed
luminaires'' (or equivalent statement), and (2) ``not for use in
recessed luminaires'' (or equivalent statement) on the lamp and lamp
packaging.\7\ There are 8,051 distinct models of LED lamps certified
through the ENERGY STAR program. Of these, there are 1,816 models of
LED lamps certified as meeting the criteria to be tested at ambient
temperature. That means the remaining 6,235 models of LED lamps that
are certified in ENERGY STAR must be tested at elevated temperatures.
---------------------------------------------------------------------------
\7\ ENERGY STAR's Specification for Lamps V2.1 is available
here: https://www.energystar.gov/sites/default/files/ENERGY%20STAR%20Lamps%20V2.1%20Final%20Specification_1.pdf.
---------------------------------------------------------------------------
As described in section III.B, DOE is amending the test procedure
for integrated LED lamps to allow time to failure testing to be
conducted at either ambient temperature or at a manufacturer-selected
temperature higher than ambient temperature. The amendment does not
require any integrated LED lamp model to be retested. Currently under
the DOE requirements, representations of lifetime require the use of
test values obtained at ambient temperature, which will still be
permitted under the amendment adopted in this final rule. However, this
amendment can reduce burden for manufacturers who also certify models
in the ENERGY STAR program in categories that require the testing of
lifetime to be at elevated temperatures. Rather than conduct two
separate tests for lifetime--one at ambient temperature per DOE's test
procedure and one at elevated temperature per ENERGY STAR's test
procedure--they can now conduct only one test at elevated temperature
and use the test data to satisfy the requirements of both the mandatory
Federal regulatory program and the voluntary ENERGY STAR program.
Because the market for integrated LED lamps is rapidly changing,
DOE estimates, using information from lamp manufacturer interviews,
that basic models of LED lamps are distributed in commerce for about
two years before new models are introduced to take their place. While
manufacturers must submit a report annually to certify a basic model's
representation of lifetime, basic models do not need to be retested
annually, unless required to support certification of a new, more
efficient rating.\8\ Because of the short time that
[[Page 47810]]
basic models of LED lamps are distributed in commerce, DOE has
determined that represented values for LED lamps are not revised during
the two years they are distributed. Thus, DOE concludes that lifetime
testing is conducted every two years for the number of basic models on
the market, or every year for half the number of models on the market.
In the July 2016 LED TP final rule, DOE estimated the cost of a
lifetime test at a third-party lab to be $7,880 per basic model. 81 FR
43404, 43422 (July 1, 2016). If all of the 6,235 models of integrated
LED lamps certified in ENERGY STAR that require testing at elevated
temperatures were to conduct only one lifetime test instead of two, DOE
estimates that the net present value (NPV) of savings would be up to
$754 million at a 3 percent discount rate or up to $311 million at a 7
percent discount rate.
---------------------------------------------------------------------------
\8\ See guidance issued by DOE at https://www.regulations.gov/document?D=EERE-2016-BT-TP-0037-0004.
Table III.1--Integrated LED Lamp Costs or (Savings)
----------------------------------------------------------------------------------------------------------------
Costs or
Costs or (savings)
(savings) (millions)
----------------------------------------------------------------------------------------------------------------
One Time Costs or (Savings)................................................. $0 $0.00
Annual Costs or (Savings)................................................... (23,321,650) (23.32)
NPV at 3%................................................................... (754,745,955) (754.75)
NPV at 7%................................................................... (311,370,494) (311.37)
Annualized Costs or (Savings) at 3%......................................... (22,642,379) (22.64)
Annualized Costs or (Savings) at 7%......................................... (21,795,935) (21.80)
----------------------------------------------------------------------------------------------------------------
D. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) EPCA provides an allowance for
individual manufacturers to petition DOE for an extension beyond the
180-day statutory period if the manufacturer may experience undue
hardship in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive
such an extension, petitions must be filed with DOE no later than 60
days before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
test procedure rulemaking is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866, Regulatory Planning and
Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not
subject to review under the Executive Order by the Office of
Information and Regulatory Affairs (OIRA) in the OMB.
B. Review Under Executive Order 13771
On January 30, 2017, the President issued Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' The Executive
Order stated the policy of the executive branch is to be prudent and
financially responsible in the expenditure of funds, from both public
and private sources. The Order stated that it is essential to manage
the costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations. Consistent
with Executive Order 13771, this final rule is estimated to result in
cost savings. Assuming a 7 percent discount rate, the final rule yields
annualized cost savings of approximately $22.96 million (2016$).
Therefore, this rule is an Executive Order 13771 deregulatory action.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule 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 DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: https://energy.gov/gc/office-general-counsel. DOE certified in the November 2016 LED TP NOPR
that the adopted test procedure amendment will not have a significant
economic impact on a substantial number of small entities, and the
preparation of a FRFA is not warranted. The factual basis for this
certification is discussed in the following paragraphs.
The Small Business Administration (SBA) considers a business entity
to be a small business, if, together with its affiliates, it employs
less than a threshold number of workers specified in 13 CFR part 121.
These size standards and codes are established by the North American
Industry Classification System (NAICS). Manufacturing of LED lamps is
classified under NAICS 335110, ``Electric Lamp Bulb and Part
Manufacturing.'' The SBA sets a threshold of 1,250 employees or less
for an entity to be considered as a small business for this category.
To estimate the number of companies that could be small businesses
that sell LED lamps covered by this rulemaking, DOE conducted a market
survey using publicly available information. DOE's research involved
information from the Environmental Protection Agency's ENERGY STAR
Certified Light Bulbs Database,\9\ previous rulemakings, individual
company websites, SBA's database, and market research tools (e.g.,
Hoover's \10\ reports). DOE screened out companies that did not meet
the definition of a ``small business'' or are completely foreign owned
and operated. DOE identified approximately seven small businesses that
maintain domestic production facilities for the integrated LED lamps
covered by this rulemaking.
---------------------------------------------------------------------------
\9\ ENERGY STAR Certified Light Bulbs Database, https://www.energystar.gov/productfinder/product/certified-light-bulbs/results (last accessed April 2, 2018).
\10\ https://hoovers.com/.
---------------------------------------------------------------------------
DOE notes that this final rule merely amends the existing LED test
procedure in a way that will reduce test burden on manufacturers by
providing the option of testing at elevated temperatures. The
[[Page 47811]]
adopted amendment will reduce the instances in which two tests for
lifetime must be conducted for the same lamp. In addition, the
amendment is supported by industry, including NEMA. Manufacturers that
seek to test time to failure at elevated temperatures under the
amendment are likely to have previously accounted for testing costs
associated with the ENERGY STAR program as these measurements are
required to be reported to ENERGY STAR if manufacturers certify the
lamps as meeting the program requirements. For manufacturers who do not
test products at elevated temperatures, this amendment presents no
additional burden.
Based on the criteria outlined earlier and the reasons discussed in
this section, DOE previously certified in the November 2016 LED TP NOPR
that the amendment adopted in this final rule will not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification has not changed.
D. Review Under the Paperwork Reduction Act of 1995
Manufacturers of LED lamps must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including LED lamps. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (PRA). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor must any person be subject to a penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
E. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE amends its test procedure for LED lamps.
DOE has determined that this rule 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 final rule amends
the existing test procedure for integrated LED lamps without affecting
the amount, quality or distribution of energy usage, and, therefore,
will not result in any environmental impacts. Thus, this rulemaking is
covered by Categorical Exclusion A5 under 10 CFR part 1021, subpart D,
which applies to any rulemaking that interprets or amends an existing
rule without changing the environmental effect of that rule.
Accordingly, neither an environmental assessment nor an environmental
impact statement is required.
F. 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 has examined this
final rule and has determined that it will 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 this final rule.
States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
No further action is required by Executive Order 13132.
G. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 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, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically 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
sections 3(a) and 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.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting 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
[[Page 47812]]
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 https://energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the 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 do not apply.
I. 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.
J. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
K. Review Under 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 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
L. 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 OMB,
a Statement of Energy Effects for any 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 significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action to amend the test procedure for measuring
the lumen maintenance and time to failure of LED lamps is not a
significant regulatory action under Executive Order 12866. Moreover, it
will not have a significant adverse effect on the supply, distribution,
or use of energy, nor has it been designated as a significant energy
action by the Administrator of OIRA. Therefore, it is not a significant
energy action, and, accordingly, DOE has not prepared a Statement of
Energy Effects.
M. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the FTC concerning the impact
of the commercial or industry standards on competition.
The amendment to the test procedures for LED lamps adopted in this
final rule does not incorporate any new standards that would require
compliance under section 32(b) of the FEAA.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before 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).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
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.
Issued in Washington, DC, September 14, 2018.
Cathy Tripodi,
Acting Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends part 430 of
Chapter II of Title 10, 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. Appendix BB to subpart B of part 430 is amended by revising the
introductory note and second sentence of section 4.4.4 to read as
follows:
Appendix BB to Subpart B of Part 430--Uniform Test Method for Measuring
the Input Power, Lumen Output, Lamp Efficacy, Correlated Color
Temperature (CCT), Color Rendering Index (CRI), Power Factor, Time to
Failure, and Standby Mode Power of Integrated Light-Emitting Diode
(LED) Lamps
Note: On or after March 20, 2019, any representations made with
respect to the energy use or efficiency of integrated light-emitting
diode lamps must be made in accordance with the results of testing
pursuant to this appendix.
* * * * *
4. Active Mode Test Method to Measure Time to Failure
* * * * *
4.4. Operating Conditions and Setup Between Lumen Output
Measurements
* * * * *
4.4.4. * * * Maintain the ambient temperature at 25 [deg]C
5 [deg]C or at a
[[Page 47813]]
manufacturer-selected temperature higher than 25 [deg]C with the
same 5 [deg]C tolerance.
* * * * *
[FR Doc. 2018-20599 Filed 9-20-18; 8:45 am]
BILLING CODE 6450-01-P
