Energy Conservation Program: Energy Conservation Standards for Certain External Power Supplies, 437-443 [2019-00228]
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437
Rules and Regulations
Federal Register
Vol. 84, No. 19
Tuesday, January 29, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE–2019–BT–STD–0001]
RIN 1904–AE23
Energy Conservation Program: Energy
Conservation Standards for Certain
External Power Supplies
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; technical
amendments.
AGENCY:
The Department of Energy
(DOE) is publishing this final rule to
amend its current regulations regarding
certain aspects related to its energy
conservation standards and scope of
coverage for external power supplies.
The contents of these technical
amendments correspond with
provisions enacted by Congress through
the Power and Security Systems Act and
EPS Improvement Act. DOE is also
correcting a misprint related to a table
detailing certain statutorily-prescribed
requirements.
DATES: The effective date of this rule is
January 29, 2019.
ADDRESSES: The docket, which includes
Federal Register notices and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index.
A link to the docket web page can be
found at https://www.regulations.gov.
The docket web page will contain
simple instructions on how to access all
documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
SUMMARY:
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9870. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–8145. Email:
michael.kido@hq.doe.gov.
For further information on how to
review the docket contact the Appliance
and Equipment Standards Program staff
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of This Action
III. Final Action
IV. Impacts
A. Power and Security Systems Act Cost
Impacts
B. External Power Supply Improvement
Act of 2017 Cost Impacts
V. Procedural Requirements
A. Review Under Executive Order 12866,
‘‘Regulatory Planning and Review’’
B. Review Under Executive Orders 13771
and 13777
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,
‘‘Federalism’’
G. Review Under Executive Order 12988,
‘‘Civil Justice Reform’’
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,
‘‘Governmental Actions and Interference
With Constitutionally Protected Property
Rights’’
K. Review Under the Treasury and General
Government Appropriations Act, 2001
L. Review Under Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
M. Congressional Notification
VI. Approval of the Office of the Secretary
I. Background
The Power and Security Systems
(‘‘PASS’’) Act, Public Law 115–78
(November 2, 2017) and the EPS
Improvement Act of 2017 (Pub. L. 115–
115) both amended certain aspects of
the Energy Policy and Conservation Act,
as amended (‘‘EPCA’’), Public Law 94–
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163. These recent amendments
modified, among other things, the
applicability of certain compliance
deadlines related to external power
supplies (‘‘EPSs’’) used in certain
applications and aspects of the
definition for external power supplies.
Pursuant to the PASS Act, DOE is
modifying its regulations regarding the
non-application of no-load mode
requirements by amending the text to
explicitly state that the no-load
requirements do not apply to certain
external power supplies manufactured
prior to the effective date of any
amendment from a final rule published
by DOE under 42 U.S.C.
6295(u)(3)(D)(ii). That provision
requires DOE to publish a final rule by
July 1, 2021, that determines whether
the standards in effect should be
amended. If DOE amends those
standards, the amended standards
would apply to products manufactured
starting on July 1, 2023. With respect to
the EPS Improvement Act, DOE is
amending its external power supply
definition by excluding certain
categories of products—namely, those
power supply circuits, drivers, or
devices that are ‘‘designed exclusively
to be connected to, and power’’ lightemitting diodes (‘‘LEDs’’) providing
illumination, organic light-emitting
diodes (‘‘OLEDs’’) providing
illumination; or ceiling fans using direct
current motors. See 42 U.S.C.
6291(36)(A)(ii) (as amended by the EPS
Improvement Act).
This document codifies in the Code of
Federal Regulations (‘‘CFR’’) these
revisions to EPCA. Additionally, to
ensure consistency throughout its
regulatory framework, DOE is also
correcting a cross-reference in the
certification requirements for external
power supplies that appear in the CFR
and making a correction regarding the
description of the standards currently in
place for Class A external power
supplies. See 10 CFR 429.37(b)(2)(iv)
and 10 CFR 430.32(w)(1)(i). The rule
corrects the internal cross-reference in
10 CFR 429.37(b)(2)(iv) to refer to
§ 430.32(w)(5), which relates to
certification requirements involving
external power supplies that are exempt
from the no-load mode requirements.
The Class A external power supplyrelated correction addresses missing text
describing the maximum energy
consumption limit for Class A external
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power supplies with a nameplate output
of not more than 250 watts by including
(as already provided in the statute) a
separate internal header denoting the
‘‘No-Load Mode’’ required for these
types of external power supplies and
adding internal column headers for the
specified ‘‘Nameplate Output’’ and
‘‘Maximum Consumption’’ level. (EPCA
does not have an efficiency requirement
for Class A external power supplies
with a no-load nameplate output
exceeding 250 watts.) Without including
this statutorily-prescribed explanatory
text, the current value of 0.5 watts
included in the current table listing the
active mode energy efficiency/energy
usage requirements may be unclear.
This clarifying change would comport
with the active mode requirements with
the requirements already found in 42
U.S.C. 6295(u)(3)(A).
II. Summary of This Action
DOE is placing the amendments
described in the previous section (i.e.,
definitional changes, modified dates,
and clarification) into 10 CFR part 430
(‘‘Energy Conservation Program for
Certain Consumer Products’’). In
addition, DOE is prescribing
modifications to 10 CFR part 429
(‘‘Certification, Compliance, and
Enforcement for Consumer Products and
Commercial and Industrial
Equipment’’). As a result of these
provisions, power supply circuits,
drivers, and devices designed
exclusively to be connected to and
power three key categories of
products—(1) light-emitting diodes
providing illumination; (2) organic
light-emitting diodes providing
illumination; or (3) ceiling fans using
direct current motors—are excluded
from the external power supply
definition. Additionally, the no-load
mode standards will not apply to certain
external power supplies certified to
DOE as being designed to be connected
to a security or life safety alarm and
surveillance system component until
the effective date of any amended
standards that DOE publishes through a
final rule in July 2021 regarding
whether to amend the external power
supply standards in place. Finally,
DOE’s current table listing the active
mode standards for Class A external
power supplies will match the statutory
text.
III. Final Action
DOE has determined, pursuant to 5
U.S.C. 553(b)(B), that prior notice and
an opportunity for public comment on
this final rule are unnecessary. This rule
inserts into the CFR, for the benefit of
the public, the revised definitional
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provisions and timelines related to
external power supplies prescribed by
the PASS Act and EPS Improvement
Act, corrects an internal cross-reference
in DOE’s certification regulations, and
makes a clarification to bring the current
regulatory text into conformity with the
relevant statutory provision. DOE,
therefore, finds that good cause exists to
waive prior notice and an opportunity
to comment for this rulemaking. For the
same reasons, DOE, pursuant to 5 U.S.C.
553(d)(3), finds that good cause exists
for making this final rule effective upon
publication in the Federal Register.
IV. Impacts
DOE has determined that the PASS
Act and the EPS Improvement Act of
2017 would result in costs savings to
manufacturers of EPSs, LEDs, and
ceiling fans. Consistent with OMB
Circular A–4 and E.O. 13771, these
changes would yield annualized cost
savings of approximately $2.14 and
$2.62 million (2016$), discounted at 3
and 7 percent, respectively.
A. Power and Security Systems Act Cost
Impacts
As described in section II, the PASS
Act delays by six years a requirement
that DOE determine whether to amend
the standards in effect (i.e., from 2015 to
2021) and that the compliance date for
any amended standards that DOE may
decide to set be delayed from 2017 to
2023. Prior to the PASS Act, DOE was
required to complete energy
conservation standards for EPSs in 2015
that would have become effective in
2017. Due to the PASS Act, DOE is now
required to complete energy
conservation standards for EPSs by 2021
that will become effective in 2023. This
change, assuming that DOE decided to
amend the current standards, would
result in cost savings for EPS
manufacturers. DOE estimated
anticipated conversion costs for EPS
manufacturers to comply with future
amended EPS energy conservation
standards and calculated the cost
savings of delaying those estimated
conversion costs by six years (i.e., from
occurring in the years leading up to
2023 as opposed to in the years leading
up to 2017).
DOE published estimated conversion
costs for the adopted EPS energy
conservation standards and for
efficiency levels higher than the
adopted standards in the February 2014
Energy Conservation Standards (‘‘ECS’’)
Final Rule for EPSs. 79 FR 7846, 7901–
7904 (February 10, 2014). As part of the
February 2014 ECS Final Rule for EPSs,
DOE adopted energy conservation
standards at TSL 2 and estimated that
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EPS manufacturers would have to spend
approximately $43.4 million (2012$) in
conversion costs to comply with
standards set at TSL 2, or $46.0 million
in 2016$. Additionally, DOE estimated
conversion costs of more stringent
standards. As part of that rulemaking
DOE estimated that conversion costs at
TSL 3, one TSL higher than the adopted
standards, would be approximately
$45.2 million (2012$), or $47.9 million
in 2016$.
Based on these costs, DOE estimates
conversion costs of future amended EPS
energy conservation standards could be
approximately $1.9 million in 2016$.
This delay of conversion costs by six
years is calculated as cost savings to
EPS manufacturers. DOE then
calculated the net present value of
delaying approximately $1.9 million in
conversion costs by six years (leading
up to 2023 instead of leading up to
2017).
B. External Power Supply Improvement
Act of 2017 Cost Impacts
As described in section II, the EPS
Improvement Act of 2017 excludes
certain devices that would otherwise be
considered as EPSs from the EPS
definition when they are used in LEDs
providing illumination, OLEDs
providing illumination, and ceiling fans
using direct current motors from the
EPS energy conservation standards. This
change results in cost savings for LED,
OLED, ceiling fan, and EPS
manufacturers since these devices will
no longer be required to meet the
current energy conservation standards
for EPSs. As a result, manufacturers of
these devices will no longer need to
redesign any existing EPS models that
may have failed to meet the current EPS
standards. Manufacturers also are not
required to test and certify any products
exempt from the EPS definition when
introducing them into the market in the
future.
DOE estimated the number of LED,
OLED, and ceiling fan models that
would be affected by this statutory
change because manufacturers would no
longer need to redesign them to
accommodate the EPS standards. DOE
also used data from the February 2014
ECS Final Rule for EPSs and data from
DOE’s Compliance Certification
Database to estimate the average EPS
revenue per model to be approximately
$126,000 in 2016$.1 DOE then estimated
1 DOE calculated there were 9,027 EPS models
certified in DOE’s Compliance Certification
Database as of March 26, 2018 (https://
www.regulations.doe.gov/certification-data).
The Government Regulatory Impact Model
(‘‘GRIM’’) published as part of the February 2014
ECS Final Rule (https://www.regulations.gov/
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the per model capital conversion costs
and per model product conversion costs
to be approximately $10,600 and $9,600
respectively.2 DOE then calculated the
estimated percentage of EPS models that
need to be converted to meet the
February 2014 ECS Final Rule for EPSs
for the product class based on the 18W
AC–DC, Basic Voltage representative
unit to be 90.2 percent.3 Lastly, DOE
estimated that there would be
approximately 752 LED and OLED
models and 131 ceiling fans models
using these EPSs.4 Therefore, DOE
estimated that manufacturers would
have had to spend approximately $13.7
million in conversion costs for EPSs
used in LEDs and OLEDs 5 and an
additional $2.4 million in conversion
costs for EPSs used in ceiling fans with
direct current motors.6
In addition to conversion costs
avoided, manufacturers will not incur
ongoing testing and certification costs
when new models falling within the
scope of the statutory definitional
docket?D=EERE-2008-BT-STD-0005) estimated the
annual EPS revenue for TSL 2, the adopted TSL,
was approximately $1.076 billion (2012$) in the
year 2018, which is approximately $1.140 billion in
2016$.
2 DOE estimated that EPS manufacturers spend
approximately 4.2 percent of annual revenue on
capital expenditures and approximately 3.8 percent
of annual revenue on research and development
(taken from the published GRIM, located https://
www.regulations.gov/docket?D=EERE-2008-BTSTD-0005). Therefore, DOE estimated the annual
per model capital expenditures of an EPS model to
be approximately $5,300 ($126,255 × 4.2%) and the
annual per model research and development costs
of an EPS model to be approximately $4,800
($126,255 × 3.8%). Lastly, as part of the February
2014 ECS Final Rule for EPSs, DOE estimated that
EPS manufacturers would spend an amount equal
to the per model capital expenditures and per
model research and development each year over the
two-year EPS conversion period on capital
conversion costs and product conversion costs
respectively to comply with amended energy
conservation standards for EPSs.
3 DOE assumed that the vast majority of LED,
OLED, and ceiling fan EPSs would fall in this
product class.
4 Estimates for the number of LED and OLED
models using EPSs come from Navigant
Consulting’s lighting database used in support of
the General Services Lamps energy conservation
rulemaking (81 FR 14528). Estimates for the number
of ceiling fan models using EPSs come from DOE’s
Compliance Certification Database for ceiling fans
(https://www.regulations.doe.gov/certification-data)
checked on March 26, 2018.
5 The number of LED and OLED models using
EPSs (757) multiplied by the percentage of models
that would have been required to be converted to
meet the current EPS standards (90.2 percent)
multiplied by the per EPS model conversion costs
($20,200, a combination of capital and product
conversion costs).
6 The number of ceiling fan models using EPSs
(131) multiplied by the percentage of models that
would have been required to be converted to meet
the current EPS standards (90.2 percent) multiplied
by the per EPS model conversion costs ($20,200, a
combination of capital and product conversion
costs).
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changes are introduced into the market.
DOE used the estimated testing time per
EPS model published in the August
2015 TP Final Rule for EPSs 80 FR
51424 (August 25, 2015) and an average
wage rate based on data from the Bureau
of Labor Statistics and U.S. Census
Bureau’s Annual Survey of
Manufacturers 7 to calculate total testing
costs absent the adoption of the EPS
Improvement Act of 2017. Based on
these estimates, DOE estimated a per
model cost of approximately $154 for
manufacturers to conduct testing to
comply with the current EPS test
procedure.
DOE also estimated the production
design cycle of EPSs used in LEDs and
OLEDs and of EPSs used in ceiling fans.
DOE used these estimates and the per
model testing costs to calculate the
average annual testing cost of EPSs used
in LEDs and OLEDs, estimated at
approximately $58,000, and the average
annual testing cost of EPSs used in
ceiling fans with direct current motors,
estimated at approximately $5,700,
absent the adoption of the EPS
Improvement Act of 2017.
In addition to testing costs avoided,
DOE calculated annual certification
costs avoided by not having to certify
the energy efficiency performance of
those devices that are no longer
considered as EPSs when used in LEDs,
OLEDs, and ceiling fans with direct
current motors using the DOE’s EPS test
procedure. DOE estimated the number
of LED, OLED, and ceiling fan
manufacturers producing products
using these now excluded devices. DOE
also estimated the annual certification
burden of these manufacturers to
introduce new models every year. DOE
estimated annual certification costs of
approximately $700,000 for these
devices when used in LEDs or OLEDs,
and annual certification costs of
approximately $945,000 for these
devices when used in ceiling fans with
direct current motors absent the
adoption of the EPS Improvement Act of
2017.
7 Wage rate is based on the mean hourly wage rate
of Electrical and Electronics Engineering
Technicians, May 2016 (https://www.bls.gov/oes/
current/oes173023.htm).
Total benefits ratio is based on data from the U.S.
Census Bureau’s 2016 Annual Survey of
Manufacturers, using Annual Payroll and Total
Fringe Benefits values specific to NAICS code
335999 (All Other Miscellaneous Electrical
Equipment and Component Manufacturing). https://
factfinder.census.gov/faces/nav/jsf/pages/
searchresults.xhtml?refresh=t.
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439
V. Procedural Requirements
A. Review Under Executive Order
12866, ‘‘Regulatory Planning and
Review’’
This final rule is a ‘‘significant
regulatory action’’ under the criteria set
out in section 3(f) of Executive Order
12866, ‘‘Regulatory Planning and
Review.’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action was subject to
review by the Office of Information and
Regulatory Affairs (‘‘OIRA’’) in the
Office of Management and Budget
(‘‘OMB’’).
B. Review Under Executive Orders
13771 and 13777
On January 30, 2017, the President
issued Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’ That 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 it is essential to manage the costs
associated with the governmental
imposition of private expenditures
required to comply with Federal
regulations. This final rule is expected
to be an E.O. 13771 deregulatory action.
Additionally, on February 24, 2017,
the President issued Executive Order
13777, ‘‘Enforcing the Regulatory
Reform Agenda.’’ The Order required
the head of each agency designate an
agency official as its Regulatory Reform
Officer (RRO). Each RRO oversees the
implementation of regulatory reform
initiatives and policies to ensure that
agencies effectively carry out regulatory
reforms, consistent with applicable law.
Further, E.O. 13777 requires the
establishment of a regulatory task force
at each agency. The regulatory task force
is required to make recommendations to
the agency head regarding the repeal,
replacement, or modification of existing
regulations, consistent with applicable
law. At a minimum, each regulatory
reform task force must attempt to
identify regulations that:
(i) Eliminate jobs, or inhibit job
creation;
(ii) Are outdated, unnecessary, or
ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or
otherwise interfere with regulatory
reform initiatives and policies;
(v) Are inconsistent with the
requirements of Information Quality
Act, or the guidance issued pursuant to
that Act, in particular those regulations
that rely in whole or in part on data,
information, or methods that are not
publicly available or that are
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insufficiently transparent to meet the
standard for reproducibility; or
(vi) Derive from or implement
Executive Orders or other Presidential
directives that have been subsequently
rescinded or substantially modified.
The PASS Act and the EPS
Improvement Act of 2017 delay DOE
consideration of standards and exclude
certain power supplies from the
regulations for EPSs. This rule
incorporates the provisions of these acts
into the CFR. The resulting cost savings
are due to ongoing avoided testing costs
and certification costs for excluded
power supplies; the interest on upfront
conversion costs delayed by the PASS
Act from 2017 to 2023; and one-time
avoided conversion costs for excluded
power supplies. Excluded power
supplies include EPSs used in LEDs,
OLEDs, and ceiling fans with direct
current motors.
TABLE V.1—ANNUALIZED COST SAVINGS BY SOURCE AND ANALYTICAL TIME HORIZON
Cost savings
(millions 2016$,
discounted in
perpetuity at 7%)
Cost savings
Source
Time horizon
Avoided Testing Costs ...............................
Avoided Certification Costs ........................
Delayed Conversion Costs .........................
Excluded EPS Conversion Costs ...............
EPS Improvement Act ................................
EPS Improvement Act ................................
PASS Act ....................................................
EPS Improvement Act ................................
Perpetual ...................................
Perpetual ...................................
2017–2022 ................................
One-time (2018) ........................
DOE concludes that this final rule is
consistent with the directives set forth
in these executive orders. Assuming a 7
percent discount rate, the final rule
yields annualized cost savings of
approximately $2.62 million (2016$).
($0.06)
(1.54)
(0.04)
(0.98)
Therefore, this final rule is an Executive
Order 13771 deregulatory action.
TABLE V.2—SUMMARY OF COST SAVINGS FOR THE PASS ACT AND THE EPS IMPROVEMENT ACT OF 2017
Present value
(million 2016$)
Category
PASS Act Cost Savings ..........................................................................................................................................
EPS Improvement Act of 2017 Cost Savings .........................................................................................................
Total Net Cost Impact ..............................................................................................................................................
Discount rate
(percent)
(0.6)
(36.9)
(37.5)
7
7
7
TABLE V.3—SUMMARY OF ANNUALIZED COST IMPACTS FOR THE PASS ACT AND THE EPS IMPROVEMENT ACT OF 2017
Annual value
(million 2016$)
Category
PASS Act Annualized Cost Savings .......................................................................................................................
EPS Improvement Act of 2017 Annualized Cost Savings ......................................................................................
Total Net Annualized Cost Impact ...........................................................................................................................
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. As required by
Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. The
Department has made its procedures
and policies available on the Office of
General Counsel’s website: https://
energy.gov/gc/office-general-counsel.
This rule revises the Code of Federal
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Regulations to incorporate, without
substantive change, statutorily-imposed
definitional changes affecting coverage
under current energy conservation
standards, applicable timelines related
to certain rulemaking requirements, and
related provisions prescribed by Public
Law 115–78 and Public Law 115–115,
along with a separate correction to
reflect the current language found in the
statute. Because this is a technical
amendment for which a general notice
of proposed rulemaking is not required,
the Regulatory Flexibility Act does not
apply to this rulemaking.
D. Review Under the Paperwork
Reduction Act of 1995
This rulemaking imposes no new
information or record keeping
requirements. Accordingly, Office of
Management and Budget clearance is
not required under the Paperwork
Reduction Act. (44 U.S.C. 3501 et seq.)
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Discount rate
(percent)
(0.04)
(2.58)
(2.62)
7
7
7
E. Review Under the National
Environmental Policy Act of 1969
In this rule, DOE is incorporating
requirements prescribed by the PASS
Act and EPS Improvement Act and
preexisting statutory language. 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 rule is strictly
procedural and, therefore, would not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A6 under 10 CFR
part 1021, subpart D, which applies to
procedural rulemakings. Accordingly,
neither an environmental assessment
nor an environmental impact statement
is required.
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F. Review Under Executive Order 13132,
‘‘Federalism’’
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. 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) No further
action is required by Executive Order
13132.
G. Review Under Executive Order
12988, ‘‘Civil Justice Reform’’
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (February 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; and
(3) provide a clear legal standard for
affected conduct rather than a general
standard and promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
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
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review regulations in light of applicable
standards in section 3(a) and section
3(b) to determine whether they are met
or it is unreasonable to meet one or
more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this final
rule meets the relevant standards of
Executive Order 12988.
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. (Pub. L. 104–4, sec. 201
(codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA (62 FR 12820) (also available at
https://www.gc.doe.gov). This final rule
contains neither an intergovernmental
mandate nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
under the Unfunded Mandates Reform
Act do not apply.
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.
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441
J. Review Under Executive Order 12630,
‘‘Governmental Actions and
Interference With Constitutionally
Protected Property Rights’’
The Department has determined,
under Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights,’’ 53 FR 8859 (March 18, 1988),
that this rule would not result in any
takings which might require
compensation under the Fifth
Amendment to the United States
Constitution.
K. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note)
provides for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (February 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (October 7, 2002). DOE has
reviewed 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,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to the Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget, a Statement of Energy Effects for
any proposed significant energy action.
A ‘‘significant energy action’’ is defined
as any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy, or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
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Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations
This final rule, which incorporates
recently-enacted statutory provisions
into DOE’s regulations and makes
specific corrections in conformity with
the current statutory text, would not
have a significant adverse effect on the
supply, distribution, or use of energy
and, therefore, is not a significant
energy action. Accordingly, DOE has not
prepared a Statement of Energy Effects.
II, subchapter D, of title 10 of the Code
of Federal Regulations as set forth
below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
■
M. Congressional Notification
■
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule prior to its effective date.
The report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
VI. Approval of the Office of the
Secretary
1. The authority citation for part 429
continues to read as follows:
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
2. Section 429.37 is amended by
revising paragraph (b)(2)(iv) to read as
follows:
■
§ 429.37
The Secretary of Energy has approved
publication of this final rule.
List of Subjects
*
*
External power supplies.
*
*
*
(b) * * *
(2) * * *
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, and Reporting
and recordkeeping requirements.
10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Incorporation by
reference, and Small businesses.
Signed in Washington, DC, on January 18,
2019.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons set forth in the
preamble, DOE hereby amends chapter
(iv) External power supplies that are
exempt from no-load mode
requirements under § 430.32(w)(5) of
this chapter: A statement that the
product is designed to be connected to
a security or life safety alarm or
surveillance system component, the
average active-mode efficiency as a
percentage (%), the nameplate output
power in watts (W), and if missing from
the nameplate, the certification report
must also include the output current in
amperes (A) of the basic model or the
output current in amperes (A) of the
highest- and lowest-voltage models
within the external power supply design
family.
*
*
*
*
*
3. The authority citation for part 430
continues to read as follows:
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
4. Section 430.2 is amended by
revising the definition for ‘‘External
power supply’’ to read as follows:
■
§ 430.2
Definitions.
*
*
*
*
*
External power supply means an
external power supply circuit that is
used to convert household electric
current into DC current or lower-voltage
AC current to operate a consumer
product. However, the term does not
include a power supply circuit, driver,
or device that is designed exclusively to
be connected to, and power—
(1) Light-emitting diodes providing
illumination;
(2) Organic light-emitting diodes
providing illumination; or
(3) Ceiling fans using direct current
motors.
*
*
*
*
*
■ 5. Section 430.32 is amended by
revising paragraph (w)(1)(i) and
paragraph (w)(5) introductory text to
read as follows:
§ 430.32 Energy and water conservation
standards and their effective dates.
*
*
*
*
*
(w) External power supplies. (1)(i)
Except as provided in paragraphs (w)(2)
and (5) of this section, all class A
external power supplies manufactured
on or after July 1, 2008, shall meet the
following standards:
Active mode
Nameplate output
Required efficiency (decimal equivalent of a percentage)
Less than 1 watt .......................................................................................
From 1 watt to not more than 51 watts ....................................................
0.5 times the Nameplate output.
The sum of 0.09 times the Natural Logarithm of the Nameplate Output
and 0.5.
0.85.
Greater than 51 watts ...............................................................................
No-load mode
Nameplate output
Maximum consumption
Not more than 250 watts ..........................................................................
*
*
*
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*
0.5 watts.
*
16:37 Jan 28, 2019
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Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations
(5) Non-application of no-load mode
requirements. The no-load mode energy
efficiency standards established in
paragraph (w)(1) of this section shall not
apply to an external power supply
that—
*
*
*
*
*
[FR Doc. 2019–00228 Filed 1–28–19; 8:45 am]
BILLING CODE 6450–01–P
1200 New Jersey Avenue SE,
Washington, DC 20590.
PART 39—AIRWORTHINESS
DIRECTIVES
FOR FURTHER INFORMATION CONTACT:
■
Rebel Nichols, Aerospace Engineer,
Propulsion Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3556; email: Rebel.Nichols@
faa.gov.
As
published, Airworthiness Directive
2019–01–01, Amendment 39–19540 (84
FR 129, January 18, 2019) (‘‘AD 2019–
01–01’’), requires revising the airplane
flight manual (AFM) to limit extended
operations (ETOPS) for The Boeing
Company Model 787–8 airplanes
powered by RR Trent 1000–A (including
–A/01 and –A/01A), Trent 1000–AE
(including –AE/01A), Trent 1000–C
(including –C/01 and –C/01A), Trent
1000–CE (including –CE/01A), Trent
1000–D (including –D/01 and –D/01A),
Trent 1000–E (including –E/01 and
–E/01A), Trent 1000–G (including –G/
01 and –G/01A), and Trent 1000–H
(including –H/01 and H/01A) turbofan
engines.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–1066; Product
Identifier 2018–NM–176–AD; Amendment
39–19540; AD 2019–01–01]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
The FAA is correcting an
airworthiness directive (AD) that
published in the Federal Register. That
AD applies to The Boeing Company
Model 787–8 airplanes powered by
Rolls-Royce plc (RR) Trent 1000–A
(including –A/01 and –A/01A), Trent
1000–AE (including –AE/01A), Trent
1000–C (including –C/01 and –C/01A),
Trent 1000–CE (including –CE/01A),
Trent 1000–D (including –D/01 and
–D/01A), Trent 1000–E (including –E/01
and –E/01A), Trent 1000–G (including
–G/01 and –G/01A), and Trent 1000–H
(including –H/01 and H/01A) turbofan
engines. As published, a document
referenced in the regulatory text was
incorrectly identified. This document
corrects that error. In all other respects,
the original document remains the
same.
DATES: This correction is effective
February 4, 2019.
ADDRESSES:
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for
Docket Operations (phone: 800–647–
5527) is Docket Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
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Need for the Correction
As published, a document specified
in the regulatory text is incorrect.
Specifically, a service bulletin that is
referenced in figure 1 to paragraph (g) of
AD 2019–01–01 was incorrectly
identified as Rolls Royce Non
Modification Service Bulletin Trent
1000 ‘‘72–AK132.’’ The correct number
is ‘‘72–K132.’’ Service bulletin ‘‘72–
AK132’’ does not exist, and therefore,
operators cannot directly comply with
the AD requirement that refers to that
service bulletin.
Correction of Publication
The error appeared in figure 1 to
paragraph (g) of AD 2019–01–01.
Although no other part of the preamble
or regulatory information has been
corrected, we are publishing the entire
rule in the Federal Register.
The effective date of this AD remains
February 4, 2019.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Correction
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the Federal Aviation
Administration amends part 39 of the
Federal Aviation Regulations (14 CFR
part 39) as follows:
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443
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Corrected]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2019–01–01 The Boeing Company:
Amendment 39–19540; Docket No.
FAA–2018–1066; Product Identifier
2018–NM–176–AD.
(a) Effective Date
This AD is effective February 4, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 787–8 airplanes, certificated in any
category, powered by Rolls-Royce plc (RR)
Trent 1000–A (including –A/01 and –A/01A),
Trent 1000–AE (including –AE/01A), Trent
1000–C (including –C/01 and –C/01A), Trent
1000–CE (including –CE/01A), Trent 1000–D
(including –D/01 and –D/01A), Trent 1000–
E (including –E/01 and –E/01A), Trent 1000–
G (including –G/01 and –G/01A), and Trent
1000–H (including –H/01 and H/01A)
turbofan engines.
(d) Subject
Air Transport Association (ATA) of
America Code 71, Power plant.
(e) Unsafe Condition
This AD was prompted by a report from
the engine manufacturer indicating that after
an engine failure, prolonged operation at
high thrust settings on the remaining engine
during an extended-operation (ETOPS)
diversion may result in failure of the
remaining engine before the diversion can be
safely completed. We are issuing this AD to
address unrecoverable thrust loss on both
engines, which could lead to a forced
landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Limitations Chapter in
Airplane Flight Manual (AFM)
Within 7 days after the effective date of
this AD, revise the Certificate Limitations
chapter of the applicable Boeing AFM Engine
Appendix by incorporating the information
in figure 1 to paragraph (g) of this AD. This
may be accomplished by inserting a copy of
this AD into the AFM. When information
identical to that in figure 1 to paragraph (g)
of this AD has been included in the
Certificate Limitations chapter of the general
revisions of the AFM, the general revisions
may be inserted into the AFM, and the copy
of this AD may be removed from the AFM.
Note 1 to paragraph (g) of this AD: The
Boeing AFM for the aircraft affected by this
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]]>Agencies
[Federal Register Volume 84, Number 19 (Tuesday, January 29, 2019)]
[Rules and Regulations]
[Pages 437-443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00228]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 /
Rules and Regulations
[[Page 437]]
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE-2019-BT-STD-0001]
RIN 1904-AE23
Energy Conservation Program: Energy Conservation Standards for
Certain External Power Supplies
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is publishing this final rule
to amend its current regulations regarding certain aspects related to
its energy conservation standards and scope of coverage for external
power supplies. The contents of these technical amendments correspond
with provisions enacted by Congress through the Power and Security
Systems Act and EPS Improvement Act. DOE is also correcting a misprint
related to a table detailing certain statutorily-prescribed
requirements.
DATES: The effective date of this rule is January 29, 2019.
ADDRESSES: The docket, which includes Federal Register notices and
other supporting documents/materials, is available for review at https://www.regulations.gov. All documents in the docket are listed in the
https://www.regulations.gov index.
A link to the docket web page can be found at https://www.regulations.gov. The docket web page will contain simple
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-9870. Email:
ApplianceStandardsQuestions@ee.doe.gov.
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-8145. Email: michael.kido@hq.doe.gov.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: ApplianceStandardsQuestions@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of This Action
III. Final Action
IV. Impacts
A. Power and Security Systems Act Cost Impacts
B. External Power Supply Improvement Act of 2017 Cost Impacts
V. Procedural Requirements
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
B. Review Under Executive Orders 13771 and 13777
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, ``Federalism''
G. Review Under Executive Order 12988, ``Civil Justice Reform''
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, ``Governmental Actions
and Interference With Constitutionally Protected Property Rights''
K. Review Under the Treasury and General Government
Appropriations Act, 2001
L. Review Under Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution,
or Use''
M. Congressional Notification
VI. Approval of the Office of the Secretary
I. Background
The Power and Security Systems (``PASS'') Act, Public Law 115-78
(November 2, 2017) and the EPS Improvement Act of 2017 (Pub. L. 115-
115) both amended certain aspects of the Energy Policy and Conservation
Act, as amended (``EPCA''), Public Law 94-163. These recent amendments
modified, among other things, the applicability of certain compliance
deadlines related to external power supplies (``EPSs'') used in certain
applications and aspects of the definition for external power supplies.
Pursuant to the PASS Act, DOE is modifying its regulations regarding
the non-application of no-load mode requirements by amending the text
to explicitly state that the no-load requirements do not apply to
certain external power supplies manufactured prior to the effective
date of any amendment from a final rule published by DOE under 42
U.S.C. 6295(u)(3)(D)(ii). That provision requires DOE to publish a
final rule by July 1, 2021, that determines whether the standards in
effect should be amended. If DOE amends those standards, the amended
standards would apply to products manufactured starting on July 1,
2023. With respect to the EPS Improvement Act, DOE is amending its
external power supply definition by excluding certain categories of
products--namely, those power supply circuits, drivers, or devices that
are ``designed exclusively to be connected to, and power'' light-
emitting diodes (``LEDs'') providing illumination, organic light-
emitting diodes (``OLEDs'') providing illumination; or ceiling fans
using direct current motors. See 42 U.S.C. 6291(36)(A)(ii) (as amended
by the EPS Improvement Act).
This document codifies in the Code of Federal Regulations (``CFR'')
these revisions to EPCA. Additionally, to ensure consistency throughout
its regulatory framework, DOE is also correcting a cross-reference in
the certification requirements for external power supplies that appear
in the CFR and making a correction regarding the description of the
standards currently in place for Class A external power supplies. See
10 CFR 429.37(b)(2)(iv) and 10 CFR 430.32(w)(1)(i). The rule corrects
the internal cross-reference in 10 CFR 429.37(b)(2)(iv) to refer to
Sec. 430.32(w)(5), which relates to certification requirements
involving external power supplies that are exempt from the no-load mode
requirements. The Class A external power supply-related correction
addresses missing text describing the maximum energy consumption limit
for Class A external
[[Page 438]]
power supplies with a nameplate output of not more than 250 watts by
including (as already provided in the statute) a separate internal
header denoting the ``No-Load Mode'' required for these types of
external power supplies and adding internal column headers for the
specified ``Nameplate Output'' and ``Maximum Consumption'' level. (EPCA
does not have an efficiency requirement for Class A external power
supplies with a no-load nameplate output exceeding 250 watts.) Without
including this statutorily-prescribed explanatory text, the current
value of 0.5 watts included in the current table listing the active
mode energy efficiency/energy usage requirements may be unclear. This
clarifying change would comport with the active mode requirements with
the requirements already found in 42 U.S.C. 6295(u)(3)(A).
II. Summary of This Action
DOE is placing the amendments described in the previous section
(i.e., definitional changes, modified dates, and clarification) into 10
CFR part 430 (``Energy Conservation Program for Certain Consumer
Products''). In addition, DOE is prescribing modifications to 10 CFR
part 429 (``Certification, Compliance, and Enforcement for Consumer
Products and Commercial and Industrial Equipment''). As a result of
these provisions, power supply circuits, drivers, and devices designed
exclusively to be connected to and power three key categories of
products--(1) light-emitting diodes providing illumination; (2) organic
light-emitting diodes providing illumination; or (3) ceiling fans using
direct current motors--are excluded from the external power supply
definition. Additionally, the no-load mode standards will not apply to
certain external power supplies certified to DOE as being designed to
be connected to a security or life safety alarm and surveillance system
component until the effective date of any amended standards that DOE
publishes through a final rule in July 2021 regarding whether to amend
the external power supply standards in place. Finally, DOE's current
table listing the active mode standards for Class A external power
supplies will match the statutory text.
III. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. This rule inserts into the CFR, for the benefit of the
public, the revised definitional provisions and timelines related to
external power supplies prescribed by the PASS Act and EPS Improvement
Act, corrects an internal cross-reference in DOE's certification
regulations, and makes a clarification to bring the current regulatory
text into conformity with the relevant statutory provision. DOE,
therefore, finds that good cause exists to waive prior notice and an
opportunity to comment for this rulemaking. For the same reasons, DOE,
pursuant to 5 U.S.C. 553(d)(3), finds that good cause exists for making
this final rule effective upon publication in the Federal Register.
IV. Impacts
DOE has determined that the PASS Act and the EPS Improvement Act of
2017 would result in costs savings to manufacturers of EPSs, LEDs, and
ceiling fans. Consistent with OMB Circular A-4 and E.O. 13771, these
changes would yield annualized cost savings of approximately $2.14 and
$2.62 million (2016$), discounted at 3 and 7 percent, respectively.
A. Power and Security Systems Act Cost Impacts
As described in section II, the PASS Act delays by six years a
requirement that DOE determine whether to amend the standards in effect
(i.e., from 2015 to 2021) and that the compliance date for any amended
standards that DOE may decide to set be delayed from 2017 to 2023.
Prior to the PASS Act, DOE was required to complete energy conservation
standards for EPSs in 2015 that would have become effective in 2017.
Due to the PASS Act, DOE is now required to complete energy
conservation standards for EPSs by 2021 that will become effective in
2023. This change, assuming that DOE decided to amend the current
standards, would result in cost savings for EPS manufacturers. DOE
estimated anticipated conversion costs for EPS manufacturers to comply
with future amended EPS energy conservation standards and calculated
the cost savings of delaying those estimated conversion costs by six
years (i.e., from occurring in the years leading up to 2023 as opposed
to in the years leading up to 2017).
DOE published estimated conversion costs for the adopted EPS energy
conservation standards and for efficiency levels higher than the
adopted standards in the February 2014 Energy Conservation Standards
(``ECS'') Final Rule for EPSs. 79 FR 7846, 7901-7904 (February 10,
2014). As part of the February 2014 ECS Final Rule for EPSs, DOE
adopted energy conservation standards at TSL 2 and estimated that EPS
manufacturers would have to spend approximately $43.4 million (2012$)
in conversion costs to comply with standards set at TSL 2, or $46.0
million in 2016$. Additionally, DOE estimated conversion costs of more
stringent standards. As part of that rulemaking DOE estimated that
conversion costs at TSL 3, one TSL higher than the adopted standards,
would be approximately $45.2 million (2012$), or $47.9 million in
2016$.
Based on these costs, DOE estimates conversion costs of future
amended EPS energy conservation standards could be approximately $1.9
million in 2016$. This delay of conversion costs by six years is
calculated as cost savings to EPS manufacturers. DOE then calculated
the net present value of delaying approximately $1.9 million in
conversion costs by six years (leading up to 2023 instead of leading up
to 2017).
B. External Power Supply Improvement Act of 2017 Cost Impacts
As described in section II, the EPS Improvement Act of 2017
excludes certain devices that would otherwise be considered as EPSs
from the EPS definition when they are used in LEDs providing
illumination, OLEDs providing illumination, and ceiling fans using
direct current motors from the EPS energy conservation standards. This
change results in cost savings for LED, OLED, ceiling fan, and EPS
manufacturers since these devices will no longer be required to meet
the current energy conservation standards for EPSs. As a result,
manufacturers of these devices will no longer need to redesign any
existing EPS models that may have failed to meet the current EPS
standards. Manufacturers also are not required to test and certify any
products exempt from the EPS definition when introducing them into the
market in the future.
DOE estimated the number of LED, OLED, and ceiling fan models that
would be affected by this statutory change because manufacturers would
no longer need to redesign them to accommodate the EPS standards. DOE
also used data from the February 2014 ECS Final Rule for EPSs and data
from DOE's Compliance Certification Database to estimate the average
EPS revenue per model to be approximately $126,000 in 2016$.\1\ DOE
then estimated
[[Page 439]]
the per model capital conversion costs and per model product conversion
costs to be approximately $10,600 and $9,600 respectively.\2\ DOE then
calculated the estimated percentage of EPS models that need to be
converted to meet the February 2014 ECS Final Rule for EPSs for the
product class based on the 18W AC-DC, Basic Voltage representative unit
to be 90.2 percent.\3\ Lastly, DOE estimated that there would be
approximately 752 LED and OLED models and 131 ceiling fans models using
these EPSs.\4\ Therefore, DOE estimated that manufacturers would have
had to spend approximately $13.7 million in conversion costs for EPSs
used in LEDs and OLEDs \5\ and an additional $2.4 million in conversion
costs for EPSs used in ceiling fans with direct current motors.\6\
---------------------------------------------------------------------------
\1\ DOE calculated there were 9,027 EPS models certified in
DOE's Compliance Certification Database as of March 26, 2018
(https://www.regulations.doe.gov/certification-data).
The Government Regulatory Impact Model (``GRIM'') published as
part of the February 2014 ECS Final Rule (https://www.regulations.gov/docket?D=EERE-2008-BT-STD-0005) estimated the
annual EPS revenue for TSL 2, the adopted TSL, was approximately
$1.076 billion (2012$) in the year 2018, which is approximately
$1.140 billion in 2016$.
\2\ DOE estimated that EPS manufacturers spend approximately 4.2
percent of annual revenue on capital expenditures and approximately
3.8 percent of annual revenue on research and development (taken
from the published GRIM, located https://www.regulations.gov/docket?D=EERE-2008-BT-STD-0005). Therefore, DOE estimated the annual
per model capital expenditures of an EPS model to be approximately
$5,300 ($126,255 x 4.2%) and the annual per model research and
development costs of an EPS model to be approximately $4,800
($126,255 x 3.8%). Lastly, as part of the February 2014 ECS Final
Rule for EPSs, DOE estimated that EPS manufacturers would spend an
amount equal to the per model capital expenditures and per model
research and development each year over the two-year EPS conversion
period on capital conversion costs and product conversion costs
respectively to comply with amended energy conservation standards
for EPSs.
\3\ DOE assumed that the vast majority of LED, OLED, and ceiling
fan EPSs would fall in this product class.
\4\ Estimates for the number of LED and OLED models using EPSs
come from Navigant Consulting's lighting database used in support of
the General Services Lamps energy conservation rulemaking (81 FR
14528). Estimates for the number of ceiling fan models using EPSs
come from DOE's Compliance Certification Database for ceiling fans
(https://www.regulations.doe.gov/certification-data) checked on
March 26, 2018.
\5\ The number of LED and OLED models using EPSs (757)
multiplied by the percentage of models that would have been required
to be converted to meet the current EPS standards (90.2 percent)
multiplied by the per EPS model conversion costs ($20,200, a
combination of capital and product conversion costs).
\6\ The number of ceiling fan models using EPSs (131) multiplied
by the percentage of models that would have been required to be
converted to meet the current EPS standards (90.2 percent)
multiplied by the per EPS model conversion costs ($20,200, a
combination of capital and product conversion costs).
---------------------------------------------------------------------------
In addition to conversion costs avoided, manufacturers will not
incur ongoing testing and certification costs when new models falling
within the scope of the statutory definitional changes are introduced
into the market. DOE used the estimated testing time per EPS model
published in the August 2015 TP Final Rule for EPSs 80 FR 51424 (August
25, 2015) and an average wage rate based on data from the Bureau of
Labor Statistics and U.S. Census Bureau's Annual Survey of
Manufacturers \7\ to calculate total testing costs absent the adoption
of the EPS Improvement Act of 2017. Based on these estimates, DOE
estimated a per model cost of approximately $154 for manufacturers to
conduct testing to comply with the current EPS test procedure.
---------------------------------------------------------------------------
\7\ Wage rate is based on the mean hourly wage rate of
Electrical and Electronics Engineering Technicians, May 2016
(https://www.bls.gov/oes/current/oes173023.htm).
Total benefits ratio is based on data from the U.S. Census
Bureau's 2016 Annual Survey of Manufacturers, using Annual Payroll
and Total Fringe Benefits values specific to NAICS code 335999 (All
Other Miscellaneous Electrical Equipment and Component
Manufacturing). https://factfinder.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t.
---------------------------------------------------------------------------
DOE also estimated the production design cycle of EPSs used in LEDs
and OLEDs and of EPSs used in ceiling fans. DOE used these estimates
and the per model testing costs to calculate the average annual testing
cost of EPSs used in LEDs and OLEDs, estimated at approximately
$58,000, and the average annual testing cost of EPSs used in ceiling
fans with direct current motors, estimated at approximately $5,700,
absent the adoption of the EPS Improvement Act of 2017.
In addition to testing costs avoided, DOE calculated annual
certification costs avoided by not having to certify the energy
efficiency performance of those devices that are no longer considered
as EPSs when used in LEDs, OLEDs, and ceiling fans with direct current
motors using the DOE's EPS test procedure. DOE estimated the number of
LED, OLED, and ceiling fan manufacturers producing products using these
now excluded devices. DOE also estimated the annual certification
burden of these manufacturers to introduce new models every year. DOE
estimated annual certification costs of approximately $700,000 for
these devices when used in LEDs or OLEDs, and annual certification
costs of approximately $945,000 for these devices when used in ceiling
fans with direct current motors absent the adoption of the EPS
Improvement Act of 2017.
V. Procedural Requirements
A. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
This final rule is a ``significant regulatory action'' under the
criteria set out in section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, this
action was subject to review by the Office of Information and
Regulatory Affairs (``OIRA'') in the Office of Management and Budget
(``OMB'').
B. Review Under Executive Orders 13771 and 13777
On January 30, 2017, the President issued Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs.'' That 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 it is essential to manage the
costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations. This final
rule is expected to be an E.O. 13771 deregulatory action.
Additionally, on February 24, 2017, the President issued Executive
Order 13777, ``Enforcing the Regulatory Reform Agenda.'' The Order
required the head of each agency designate an agency official as its
Regulatory Reform Officer (RRO). Each RRO oversees the implementation
of regulatory reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent with applicable
law. Further, E.O. 13777 requires the establishment of a regulatory
task force at each agency. The regulatory task force is required to
make recommendations to the agency head regarding the repeal,
replacement, or modification of existing regulations, consistent with
applicable law. At a minimum, each regulatory reform task force must
attempt to identify regulations that:
(i) Eliminate jobs, or inhibit job creation;
(ii) Are outdated, unnecessary, or ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
(v) Are inconsistent with the requirements of Information Quality
Act, or the guidance issued pursuant to that Act, in particular those
regulations that rely in whole or in part on data, information, or
methods that are not publicly available or that are
[[Page 440]]
insufficiently transparent to meet the standard for reproducibility; or
(vi) Derive from or implement Executive Orders or other
Presidential directives that have been subsequently rescinded or
substantially modified.
The PASS Act and the EPS Improvement Act of 2017 delay DOE
consideration of standards and exclude certain power supplies from the
regulations for EPSs. This rule incorporates the provisions of these
acts into the CFR. The resulting cost savings are due to ongoing
avoided testing costs and certification costs for excluded power
supplies; the interest on upfront conversion costs delayed by the PASS
Act from 2017 to 2023; and one-time avoided conversion costs for
excluded power supplies. Excluded power supplies include EPSs used in
LEDs, OLEDs, and ceiling fans with direct current motors.
Table V.1--Annualized Cost Savings by Source and Analytical Time Horizon
----------------------------------------------------------------------------------------------------------------
Cost savings
(millions 2016$,
Cost savings Source Time horizon discounted in
perpetuity at 7%)
----------------------------------------------------------------------------------------------------------------
Avoided Testing Costs................ EPS Improvement Act......... Perpetual.............. ($0.06)
Avoided Certification Costs.......... EPS Improvement Act......... Perpetual.............. (1.54)
Delayed Conversion Costs............. PASS Act.................... 2017-2022.............. (0.04)
Excluded EPS Conversion Costs........ EPS Improvement Act......... One-time (2018)........ (0.98)
----------------------------------------------------------------------------------------------------------------
DOE concludes that this final rule is consistent with the
directives set forth in these executive orders. Assuming a 7 percent
discount rate, the final rule yields annualized cost savings of
approximately $2.62 million (2016$). Therefore, this final rule is an
Executive Order 13771 deregulatory action.
Table V.2--Summary of Cost Savings for the PASS Act and the EPS
Improvement Act of 2017
------------------------------------------------------------------------
Present value
Category (million Discount rate
2016$) (percent)
------------------------------------------------------------------------
PASS Act Cost Savings................... (0.6) 7
EPS Improvement Act of 2017 Cost Savings (36.9) 7
Total Net Cost Impact................... (37.5) 7
------------------------------------------------------------------------
Table V.3--Summary of Annualized Cost Impacts for the PASS Act and the
EPS Improvement Act of 2017
------------------------------------------------------------------------
Annual value
Category (million Discount rate
2016$) (percent)
------------------------------------------------------------------------
PASS Act Annualized Cost Savings........ (0.04) 7
EPS Improvement Act of 2017 Annualized (2.58) 7
Cost Savings...........................
Total Net Annualized Cost Impact........ (2.62) 7
------------------------------------------------------------------------
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. The Department
has made its procedures and policies available on the Office of General
Counsel's website: https://energy.gov/gc/office-general-counsel. This
rule revises the Code of Federal Regulations to incorporate, without
substantive change, statutorily-imposed definitional changes affecting
coverage under current energy conservation standards, applicable
timelines related to certain rulemaking requirements, and related
provisions prescribed by Public Law 115-78 and Public Law 115-115,
along with a separate correction to reflect the current language found
in the statute. Because this is a technical amendment for which a
general notice of proposed rulemaking is not required, the Regulatory
Flexibility Act does not apply to this rulemaking.
D. Review Under the Paperwork Reduction Act of 1995
This rulemaking imposes no new information or record keeping
requirements. Accordingly, Office of Management and Budget clearance is
not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et
seq.)
E. Review Under the National Environmental Policy Act of 1969
In this rule, DOE is incorporating requirements prescribed by the
PASS Act and EPS Improvement Act and preexisting statutory language.
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 rule is strictly
procedural and, therefore, would not result in any environmental
impacts. Thus, this rulemaking is covered by Categorical Exclusion A6
under 10 CFR part 1021, subpart D, which applies to procedural
rulemakings. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
[[Page 441]]
F. Review Under Executive Order 13132, ``Federalism''
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. 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) No
further action is required by Executive Order 13132.
G. Review Under Executive Order 12988, ``Civil Justice Reform''
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. Section 3(b) of Executive
Order 12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in section 3(a) and section 3(b) to determine whether they
are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, this final rule meets the relevant standards of
Executive Order 12988.
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. (Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA (62 FR 12820) (also available
at https://www.gc.doe.gov). This final rule contains neither an
intergovernmental mandate nor a mandate that may result in the
expenditure of $100 million or more in any year, so these requirements
under the Unfunded Mandates Reform Act do not apply.
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, ``Governmental Actions and
Interference With Constitutionally Protected Property Rights''
The Department has determined, under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would
not result in any takings which might require compensation under the
Fifth Amendment to the United States Constitution.
K. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002),
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002).
DOE has reviewed 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, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use''
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget, a Statement of Energy Effects for any proposed
significant energy action. A ``significant energy action'' is defined
as any action by an agency that promulgates or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under Executive Order 12866, or any successor order; and (2) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy, or (3) is designated by the
Administrator of OIRA as a significant energy action. For any proposed
significant energy action, the agency must give a detailed statement of
any adverse effects on energy supply, distribution, or use should the
proposal be implemented, and of reasonable alternatives to the action
and their expected benefits on energy supply, distribution, and use.
[[Page 442]]
This final rule, which incorporates recently-enacted statutory
provisions into DOE's regulations and makes specific corrections in
conformity with the current statutory text, would not have a
significant adverse effect on the supply, distribution, or use of
energy and, therefore, is not a significant energy action. Accordingly,
DOE has not prepared a Statement of Energy Effects.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, and Reporting
and recordkeeping requirements.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Incorporation
by reference, and Small businesses.
Signed in Washington, DC, on January 18, 2019.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, DOE hereby amends
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 429.37 is amended by revising paragraph (b)(2)(iv) to read
as follows:
Sec. 429.37 External power supplies.
* * * * *
(b) * * *
(2) * * *
(iv) External power supplies that are exempt from no-load mode
requirements under Sec. 430.32(w)(5) of this chapter: A statement that
the product is designed to be connected to a security or life safety
alarm or surveillance system component, the average active-mode
efficiency as a percentage (%), the nameplate output power in watts
(W), and if missing from the nameplate, the certification report must
also include the output current in amperes (A) of the basic model or
the output current in amperes (A) of the highest- and lowest-voltage
models within the external power supply design family.
* * * * *
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
3. 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
4. Section 430.2 is amended by revising the definition for ``External
power supply'' to read as follows:
Sec. 430.2 Definitions.
* * * * *
External power supply means an external power supply circuit that
is used to convert household electric current into DC current or lower-
voltage AC current to operate a consumer product. However, the term
does not include a power supply circuit, driver, or device that is
designed exclusively to be connected to, and power--
(1) Light-emitting diodes providing illumination;
(2) Organic light-emitting diodes providing illumination; or
(3) Ceiling fans using direct current motors.
* * * * *
0
5. Section 430.32 is amended by revising paragraph (w)(1)(i) and
paragraph (w)(5) introductory text to read as follows:
Sec. 430.32 Energy and water conservation standards and their
effective dates.
* * * * *
(w) External power supplies. (1)(i) Except as provided in
paragraphs (w)(2) and (5) of this section, all class A external power
supplies manufactured on or after July 1, 2008, shall meet the
following standards:
------------------------------------------------------------------------
Active mode
-------------------------------------------------------------------------
Required efficiency (decimal
Nameplate output equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt....................... 0.5 times the Nameplate output.
From 1 watt to not more than 51 watts.. The sum of 0.09 times the
Natural Logarithm of the
Nameplate Output and 0.5.
Greater than 51 watts.................. 0.85.
------------------------------------------------------------------------
No-load mode
------------------------------------------------------------------------
Nameplate output Maximum consumption
------------------------------------------------------------------------
Not more than 250 watts................ 0.5 watts.
------------------------------------------------------------------------
* * * * *
[[Page 443]]
(5) Non-application of no-load mode requirements. The no-load mode
energy efficiency standards established in paragraph (w)(1) of this
section shall not apply to an external power supply that--
* * * * *
[FR Doc. 2019-00228 Filed 1-28-19; 8:45 am]
BILLING CODE 6450-01-P
