Energy Conservation Program: Notice of Decision and Order Denying an Exemption to Aero-Tech Light Bulb Co. From the Department of Energy Rough Service Lamps Energy Conservation Standards, 469-473 [2019-00303]
Download as PDF
469
Notices
Federal Register
Vol. 84, No. 20
Wednesday, January 30, 2019
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
AFRICAN DEVELOPMENT
FOUNDATION
Public Quarterly Meeting of the Board
of Directors
United States African
Development Foundation.
ACTION: Notice of meeting.
AGENCY:
The U.S. African
Development Foundation (USADF) will
hold its quarterly meeting of the Board
of Directors to discuss the agency’s
programs and administration. This
meeting will occur via telephone as a
conference call.
DATES: The meeting date is Tuesday,
February 5, 2019, 10:00 a.m. to 12:00
noon.
ADDRESSES: The meeting location is
USADF, 1400 I St. NW, Suite 1000,
Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: June
Brown, (202) 577–5713.
SUMMARY:
Authority: Public Law 96–533 (22 U.S.C.
290h).
Dated: January 25, 2019.
June B. Brown,
General Counsel.
[FR Doc. 2019–00301 Filed 1–29–19; 8:45 am]
BILLING CODE 6117–01–P
and Order (Case Number 2018–001) that
denies Aero-Tech Light Bulb Co.’s
(Aero-Tech) application for a two-year
small business exemption from
compliance with the DOE rough service
lamp energy conservation standards.
DATES: The Decision and Order is
effective on January 17, 2019.
ADDRESSES: The docket, which includes
Federal Register notices, comments,
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.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/docket
?D=EERE-2018-BT-PET-0016. The
docket web page contains simple
instruction on how to access all
documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1943. E-mail:
AeroTech2018PET0016@ee.doe.gov.
Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 287–6122. E-mail:
Celia.Sher@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
DEPARTMENT OF ENERGY
amozie on DSK3GDR082PROD with NOTICES1
[Case Number 2018–001]
Energy Conservation Program: Notice
of Decision and Order Denying an
Exemption to Aero-Tech Light Bulb Co.
From the Department of Energy Rough
Service Lamps Energy Conservation
Standards
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
AGENCY:
The U.S. Department of
Energy (DOE) gives notice of a Decision
SUMMARY:
VerDate Sep<11>2014
17:01 Jan 29, 2019
Jkt 247001
On December 26, 2017, DOE issued a
final rule codifying at 10 CFR 430.32(bb)
statutory backstop requirements
applicable to rough service lamps and
vibration service lamps. Prior to the
rule, these backstop requirements were
triggered as a result of rough and
vibration service lamps exceeding a
previously announced sales threshold
and in the absence of any other energy
conservation regulation issued by DOE
for these lamps. In particular, the final
rule applies a statutorily established 40watt maximum energy use and
packaging limitation to rough and
vibration service lamps manufactured
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
on or after January 25, 2018. 82 FR
60845.
On May 23, 2018, Aero-Tech
submitted an application, pursuant to
Subpart E of 10 CFR part 430, requesting
a two-year small business exemption
from the DOE rough service lamps
energy conservation standards found in
10 CFR 430.32(bb). Aero-Tech requested
an exemption from the standards on the
basis of its status as a small business.
According to Aero-Tech, failure to
receive a small business exemption
would likely result in a lessening of
competition in the market for lighting
companies.
Under 42 U.S.C. 6295(t), DOE may
grant to a manufacturer a temporary
exemption from an applicable energy
conservation standard if DOE finds that
the annual gross revenues of such
manufacturer from all its operations
(including the manufacture and sale of
covered products) does not exceed
$8,000,000 for the 12-month period
preceding the date of the application. In
making this finding, DOE must account
for the annual gross revenues of any
other person who controls, is controlled
by, or is under common control with,
such manufacturer. (42 U.S.C.
6295(t)(1)) The Secretary of Energy
(Secretary) may not grant an exemption
with respect to any type (or class) of
covered product subject to an energy
conservation standard unless the
Secretary finds, after obtaining the
written views of the Attorney General,
that a failure to allow an exemption
would likely result in a lessening of
competition. (42 U.S.C. 6295(t)(2)) See
also, subpart E of 10 CFR part 430. A
notice of the decision of the Secretary
must be published in the Federal
Register along with the reason for
denying or granting the application. 10
CFR 430.56(c)
On October 15, 2018, DOE issued a
notice announcing the receipt of and
publishing Aero-Tech’s application for
exemption. 83 FR 51931. In accordance
with its regulations, DOE also
transmitted Aero-Tech’s application for
exemption to the Attorney General by
the Secretary along with: (a) A statement
of the facts and of the reasons for the
exemption, and (b) copies of all
documents submitted. 10 CFR 430.54.
DOE received one comment submitted
by the National Electrical Manufacturers
Association (NEMA) which provided
data and supporting factual information
E:\FR\FM\30JAN1.SGM
30JAN1
470
Federal Register / Vol. 84, No. 20 / Wednesday, January 30, 2019 / Notices
relating to rough service lamp sales.
NEMA did not take a position on the
merits of Aero-Tech’s application.1
II. Final Denial
In accordance with Title 10 of the
Code of Federal Regulations (10 CFR
430.56(c)), DOE gives notice of the
issuance of its decision and order
denying Aero-Tech’s application for a
small business exemption. The final
decision document setting forth the
relevant facts and the legal basis for
denying Aero-Tech’s application is
available in the docket referenced above
(https://www.regulations.gov/
docket?D=EERE-2018-BT-PET-0016). In
evaluating this matter, DOE’s primary
consideration was whether a failure to
amozie on DSK3GDR082PROD with NOTICES1
1 NEMA’s comment can be accessed at: https://
www.regulations.gov/document?D=EERE-2018-BTPET-0016-0002.
VerDate Sep<11>2014
16:22 Jan 29, 2019
Jkt 247001
allow the exemption would result in a
lessening of competition. After
consultation with the Attorney General,
DOE does not believe Aero-Tech has
demonstrated that this would be the
case. In its assessment letter responding
to
DOE, the Department of Justice (DOJ)
concluded that failure to grant AeroTech’s application for a small business
exemption for rough service lamps
would likely not result in a lessening of
competition. DOJ made this
determination after reviewing AeroTech’s application, as well as speaking
with industry representatives and
reviewing the supplementary
information submitted to DOE by
industry representatives. As part of its
analysis, DOJ noted that it applies the
standard set forth in 42 U.S.C.
6295(t)(2), and examines whether failure
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
to grant a small business exemption
would likely result in a lessening of
competition, for example, by
substantially limiting consumer choice
or increasing industry concentration.
DOE is publishing the Attorney
General’s determination letter at the end
of this notice. In light of the Attorney
General’s written finding, DOE has no
independent basis to come to a different
conclusion than the DOJ with regard to
Aero-Tech’s request for a small business
exemption, and, therefore, DOE cannot
make a finding that a failure to allow an
exemption to Aero-Tech would result in
a lessening of competition.
Signed in Washington, DC, on January 17,
2019.
Daniel R Simmons,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
E:\FR\FM\30JAN1.SGM
30JAN1
Federal Register / Vol. 84, No. 20 / Wednesday, January 30, 2019 / Notices
471
U.S. DEPARTMENT OF JUSTICE
Antitrust Division
MAKAN DELRAHIM
Assistant Attorney General
RFK Main Justice Building
950 Pennsylvania Avenue. N.W.
Washington. D.C. 20530-0001
(202)514-2401/ (202)616-2645 (Fax)
December 15, 2018
Daniel Cohen
Assistant General Counsel
for Legislation, Regulation and Energy Efficiency
U.S. Department of Energy
1000 Independence Ave.,
SW Washington, DC 20585
Dear Assistant General Counsel Cohen:
I am responding to your October 16, 2018 letter seeking the views ofthe
Attorney General about the potential impact on competition of Aero-Tech Light
Bulb Co.'s application for a small-business exemption from energy conservation
standards for rough service lamps.
Your request was submitted in accordance with Section 6295(t) of the
Energy Policy and Conservation Act of 1975 (ECPA), as amended. This Section
provides that the Department of Energy may not grant a small-business exemption
from an energy conservation standard until it has obtained the written views of the
Attorney General concerning whether competition would be lessened if the
Department ofEnergy does not grant an applicant's requested exemption. 42 U.S.C.
§ 6295(t)(2). The Attorney General's responsibility for responding to requests from
other departments about the effect of any action, program or practice upon the
maintenance and preservation of competition has been delegated to the Assistant
Attorney General for the Antitrust Division in 28 C.F.R. § 0.40(g).
We have reviewed Aero-Tech's notice of application for a small-business
exemption contained in 83 Fed. Reg. 51931, October 15, 2018. We have also
spoken with industry representatives and reviewed supplementary information
submitted to the Department of Energy by industry representatives. Based on this
VerDate Sep<11>2014
16:22 Jan 29, 2019
Jkt 247001
PO 00000
Frm 00003
Fmt 4703
Sfmt 4725
E:\FR\FM\30JAN1.SGM
30JAN1
EN30JA19.000
amozie on DSK3GDR082PROD with NOTICES1
In conducting its analysis, the Antitrust Division applies the standard set
forth in 42 U.S.C. § 6295(t)(2), and examines whether failure to grant a smallbusiness exemption would likely result in a lessening of competition, for example,
by substantially limiting consumer choice or increasing industry concentration. A
lessening of competition could result in higher prices to consumers.
472
Federal Register / Vol. 84, No. 20 / Wednesday, January 30, 2019 / Notices
amozie on DSK3GDR082PROD with NOTICES1
Decision and Order
I. Background and Authority
The Energy Policy and Conservation
Act of 1975 (EPCA),1 Public Law 94–163
(42 U.S.C. 6291–6317, as codified),
among other things, authorizes the U.S.
Department of Energy (DOE) to establish
energy conservation standards for
certain consumer products and
industrial equipment. 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
for certain types of consumer products.
These products include rough service
lamps, the focus of this document. (42
U.S.C. 6295(l)(4)(A))
On December 26, 2017, DOE issued a
final rule codifying at 10 CFR 430.32(bb)
statutory backstop requirements
applicable to rough service lamps and
vibration service lamps. Prior to the
rule, these backstop requirements were
triggered as a result of rough and
vibration service lamps exceeding a
previously announced sales threshold
and in the absence of any other energy
conservation regulation issued by DOE
for these lamps. In particular, the final
rule placed in the Code of Federal
Regulations a statutorily established 40watt maximum energy use and
packaging limitation for rough and
vibration service lamps manufactured
on or after January 25, 2018. DOE
1 All references to EPCA in this document 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 as Part A.
VerDate Sep<11>2014
16:22 Jan 29, 2019
Jkt 247001
subsequently published an Enforcement
Policy Statement announcing a May 1,
2018 compliance date for the rule.3 For
rough service lamps, the statute requires
the lamps to: (1) Have a shatter-proof
coating or equivalent technology that
complies with NSF/ANSI 51 and is
designed to contain the glass if the glass
envelope of the lamp is broken and to
provide effective containment over the
life of the lamp; (2) have a maximum 40watt limitation; and (3) be sold at retail
only in a package containing one lamp.
(42 U.S.C. 6295(l)(4)(D)(ii))
Under 42 U.S.C. 6295(t), DOE may
grant to a manufacturer a temporary
exemption from an applicable energy
conservation standard if DOE finds that
the annual gross revenues of such
manufacturer from all its operations
(including the manufacture and sale of
covered products) does not exceed
$8,000,000 for the 12-month period
preceding the date of the application. In
making this finding, DOE must account
for the annual gross revenues of any
other person who controls, is controlled
by, or is under common control with,
such manufacturer (referred to herein as
a ‘‘small business exemption’’). (42
U.S.C. 6295(t)(1)) The Secretary of
Energy (Secretary) may not grant a small
business exemption with respect to any
type (or class) of covered product
subject to an energy conservation
standard unless the Secretary finds,
after obtaining the written views of the
Attorney General, that a failure to allow
an exemption would likely result in a
lessening of competition. (42 U.S.C.
6295(t)(2)) See also, subpart E of 10 CFR
3 DOE’s Enforcement Policy Statement can be
accessed here: https://www.energy.gov/sites/prod/
files/2018/02/f48/Enforcement%20Policy%20%202018%20VSL%20RSL.pdf.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
part 430. A notice of the decision of the
Secretary must be published in the
Federal Register along with the reason
for denying or granting the application.
10 CFR 430.56(c)
II. Application for Exemption
On May 23, 2018, Aero-Tech Light
Bulb Co. (Aero-Tech) submitted an
application for a small business
exemption pursuant to 42 U.S.C. 6295(t)
and Subpart E of 10 CFR part 430,
requesting an exemption from the DOE
rough service lamps energy
conservation standards found in 10 CFR
430.32(bb). Specifically, Aero-Tech
requested an exemption from
compliance with the standards until
January 25, 2020. The application
indicated that Aero-Tech is an importer
and distributor of rough service light
bulbs. In its application, Aero-Tech
asked for an exemption from the
standards on the basis of its status as a
small business. According to Aero-Tech,
failure to receive a small business
exemption would likely result in a
lessening of competition in the market
for lighting companies. In its
application, Aero-Tech stated that,
failure to grant an exemption would
mean that Aero-Tech would lose 70% of
its business and have to close its doors.
On October 15, 2018, DOE published
a notice announcing its receipt of the
application for exemption and solicited
comments from interested parties. 83 FR
51931. In accordance with its
regulations, DOE also transmitted AeroTech’s application for exemption to the
Attorney General along with: (a) A
statement of the facts and of the reasons
for the exemption, and (b) copies of all
documents submitted. 10 CFR 430.54.
DOE received one comment submitted
E:\FR\FM\30JAN1.SGM
30JAN1
EN30JA19.001
Case #2018–001
Federal Register / Vol. 84, No. 20 / Wednesday, January 30, 2019 / Notices
by the National Electrical Manufacturers
Association (NEMA) which provided
data and supporting factual information
relating to rough service lamp sales.4 In
its comments, NEMA provided the
names of nine NEMA manufacturers
and two non-member companies that
sell rough service lamps. While NEMA
did not take a position on the merits of
Aero-Tech’s application, NEMA’s
comments indicated that the demand for
rough service lamps is decreasing as
customers are migrating to lightemitting diode (LED) light bulbs for
rough service applications at higher
light output levels.
amozie on DSK3GDR082PROD with NOTICES1
III. Consultation with Other Agencies
Per 42 U.S.C. 6295(t)(2), DOE
obtained the written views of the
Attorney General concerning AeroTech’s application for exemption. Under
this statutory provision, DOE may only
grant a small business exemption if it
has consulted with the Attorney General
and finds that a lessening of
competition would likely result. In its
assessment letter responding to DOE,
the Department of Justice (DOJ)
concluded that failure to grant AeroTech’s application for a small business
exemption for rough service lamps
would likely not result in a lessening of
competition. DOJ made this
determination after reviewing AeroTech’s application, as well as speaking
with industry representatives and
reviewing the supplementary
information submitted to DOE by
industry representatives. As part of its
analysis, DOJ noted that it applies the
standard set forth in 42 U.S.C.
6295(t)(2), and examines whether failure
to grant a small business exemption
would likely result in a lessening of
competition, for example, by
substantially limiting consumer choice
or increasing industry concentration.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2019–00303 Filed 1–29–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Healthcare Research and
Quality
Notice of Five AHRQ Subcommittee
Meetings
Agency for Healthcare Research
and Quality (AHRQ), HHS.
ACTION: Notice of meetings.
AGENCY:
SUMMARY: The subcommittees listed in
the DATES section of this notice are part
of AHRQ’s Health Services Research
Initial Review Group Committee. Grant
applications are to be reviewed and
discussed at these meetings. Each
subcommittee meeting will commence
in open session before closing to the
public for the duration of the meeting.
DATES: The dates for the five
subcommittee meetings are as follows:
1. Healthcare Safety and Quality
Improvement Research (HSQR)
Date: February 6–7, 2019 (Open from
7:30 a.m. to 8 a.m. on February 6th
and closed for remainder of the
meeting)
2. Healthcare Effectiveness and
Outcomes Research (HEOR)
Date: February 13–14, 2019 (Open
from 8:30 a.m. to 9 a.m. on February
13th and closed for remainder of
the meeting)
3. Health System and Value Research
(HSVR)
Date: February 20–21, 2019 (Open
from 8 a.m. to 8:30 a.m. on February
20th and closed for remainder of
the meeting)
IV. Order
4. Health Care Research and Training
DOE has no independent basis to
(HCRT)
come to a different conclusion than the
Date: February 21–22, 2019 (Open
DOJ with regard to Aero-Tech’s request
from 8 a.m. to 8:30 a.m. on February
for a small business exemption. Thus,
21st and closed for remainder of the
DOE does not find that Aero-Tech has
meeting)
demonstrated that a failure to allow the
5. Healthcare Information Technology
exemption would result in a lessening
Research (HITR)
of competition, as required under 42
Date: February 28–March 1, 2019
U.S.C. 6295(t)(2). It is Ordered that the
(Open from 8 a.m. to 8:30 a.m. on
application for a small business
February 28th and closed for
exemption submitted on May 23, 2018
remainder of the meeting)
by Aero-Tech Light Bulb Co. is denied.
ADDRESSES: Each meeting will be held at
Signed in Washington, DC, on January 17,
the Hilton Rockville & Executive
2019.
Meeting Center, 1750 Rockville Pike,
lllllllllllllllllllll Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: To
4 NEMA’s comment can be accessed at: https://
obtain a roster of members, agenda, or
www.regulations.gov/document?D=EERE-2018-BTPET-0016-0002.
minutes of the non-confidential portions
VerDate Sep<11>2014
16:22 Jan 29, 2019
Jkt 247001
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
473
of the meetings, contact: Mrs. Heather
Phelps, Acting Committee Management
Officer, Office of Extramural Research
Education and Priority Populations,
Agency for Healthcare Research and
Quality (AHRQ), 5600 Fishers Lane,
Rockville, Maryland 20857, Telephone
(301) 427–1128.
In
accordance with section 10(a)(2) of the
Federal Advisory Committee Act (5
U.S.C. App. 2), AHRQ announces
meetings of the above-listed scientific
peer review groups, which are
subcommittees of AHRQ’s Health
Services Research Initial Review Group
Committees. Each subcommittee
meeting will commence in open session
before closing to the public for the
duration of the meeting. The
subcommittee meetings will be closed to
the public in accordance with the
provisions set forth in 5 U.S.C. App. 2
section 10(d), 5 U.S.C. 552b(c)(4), and 5
U.S.C. 552b(c)(6). The grant applications
and the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Agenda items for these meetings are
subject to change as priorities dictate.
This meeting notice is being
published less than 15 days in advance
of the meeting due to the partial
Government shutdown of December
2018.
SUPPLEMENTARY INFORMATION:
Francis D. Chesley, Jr.,
Acting Deputy Director.
[FR Doc. 2019–00259 Filed 1–29–19; 8:45 am]
BILLING CODE 4160–90–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Board of Scientific Counselors,
National Center for Injury Prevention
and Control, (BSC, NCIPC)
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
AGENCY:
ACTION:
Notice of closed meeting.
In accordance with the
Federal Advisory Committee Act, the
CDC announces the following meeting
for the Board of Scientific Counselors,
National Center for Injury Prevention
and Control, (BSC, NCIPC).
SUMMARY:
E:\FR\FM\30JAN1.SGM
30JAN1
Agencies
[Federal Register Volume 84, Number 20 (Wednesday, January 30, 2019)]
[Notices]
[Pages 469-473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00303]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2018-001]
Energy Conservation Program: Notice of Decision and Order Denying
an Exemption to Aero-Tech Light Bulb Co. From the Department of Energy
Rough Service Lamps Energy Conservation Standards
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) gives notice of a Decision
and Order (Case Number 2018-001) that denies Aero-Tech Light Bulb Co.'s
(Aero-Tech) application for a two-year small business exemption from
compliance with the DOE rough service lamp energy conservation
standards.
DATES: The Decision and Order is effective on January 17, 2019.
ADDRESSES: The docket, which includes Federal Register notices,
comments, 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. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2018-BT-PET-0016. The docket web page contains simple
instruction on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Telephone: (202) 287-1943. E-mail:
AeroTech2018PET0016@ee.doe.gov.
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 287-6122. E-mail:
Celia.Sher@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 26, 2017, DOE issued a final rule codifying at 10 CFR
430.32(bb) statutory backstop requirements applicable to rough service
lamps and vibration service lamps. Prior to the rule, these backstop
requirements were triggered as a result of rough and vibration service
lamps exceeding a previously announced sales threshold and in the
absence of any other energy conservation regulation issued by DOE for
these lamps. In particular, the final rule applies a statutorily
established 40-watt maximum energy use and packaging limitation to
rough and vibration service lamps manufactured on or after January 25,
2018. 82 FR 60845.
On May 23, 2018, Aero-Tech submitted an application, pursuant to
Subpart E of 10 CFR part 430, requesting a two-year small business
exemption from the DOE rough service lamps energy conservation
standards found in 10 CFR 430.32(bb). Aero-Tech requested an exemption
from the standards on the basis of its status as a small business.
According to Aero-Tech, failure to receive a small business exemption
would likely result in a lessening of competition in the market for
lighting companies.
Under 42 U.S.C. 6295(t), DOE may grant to a manufacturer a
temporary exemption from an applicable energy conservation standard if
DOE finds that the annual gross revenues of such manufacturer from all
its operations (including the manufacture and sale of covered products)
does not exceed $8,000,000 for the 12-month period preceding the date
of the application. In making this finding, DOE must account for the
annual gross revenues of any other person who controls, is controlled
by, or is under common control with, such manufacturer. (42 U.S.C.
6295(t)(1)) The Secretary of Energy (Secretary) may not grant an
exemption with respect to any type (or class) of covered product
subject to an energy conservation standard unless the Secretary finds,
after obtaining the written views of the Attorney General, that a
failure to allow an exemption would likely result in a lessening of
competition. (42 U.S.C. 6295(t)(2)) See also, subpart E of 10 CFR part
430. A notice of the decision of the Secretary must be published in the
Federal Register along with the reason for denying or granting the
application. 10 CFR 430.56(c)
On October 15, 2018, DOE issued a notice announcing the receipt of
and publishing Aero-Tech's application for exemption. 83 FR 51931. In
accordance with its regulations, DOE also transmitted Aero-Tech's
application for exemption to the Attorney General by the Secretary
along with: (a) A statement of the facts and of the reasons for the
exemption, and (b) copies of all documents submitted. 10 CFR 430.54.
DOE received one comment submitted by the National Electrical
Manufacturers Association (NEMA) which provided data and supporting
factual information
[[Page 470]]
relating to rough service lamp sales. NEMA did not take a position on
the merits of Aero-Tech's application.\1\
---------------------------------------------------------------------------
\1\ NEMA's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2018-BT-PET-0016-0002.
---------------------------------------------------------------------------
II. Final Denial
In accordance with Title 10 of the Code of Federal Regulations (10
CFR 430.56(c)), DOE gives notice of the issuance of its decision and
order denying Aero-Tech's application for a small business exemption.
The final decision document setting forth the relevant facts and the
legal basis for denying Aero-Tech's application is available in the
docket referenced above (https://www.regulations.gov/docket?D=EERE-2018-BT-PET-0016). In evaluating this matter, DOE's primary consideration
was whether a failure to allow the exemption would result in a
lessening of competition. After consultation with the Attorney General,
DOE does not believe Aero-Tech has demonstrated that this would be the
case. In its assessment letter responding to
DOE, the Department of Justice (DOJ) concluded that failure to
grant Aero-Tech's application for a small business exemption for rough
service lamps would likely not result in a lessening of competition.
DOJ made this determination after reviewing Aero-Tech's application, as
well as speaking with industry representatives and reviewing the
supplementary information submitted to DOE by industry representatives.
As part of its analysis, DOJ noted that it applies the standard set
forth in 42 U.S.C. 6295(t)(2), and examines whether failure to grant a
small business exemption would likely result in a lessening of
competition, for example, by substantially limiting consumer choice or
increasing industry concentration. DOE is publishing the Attorney
General's determination letter at the end of this notice. In light of
the Attorney General's written finding, DOE has no independent basis to
come to a different conclusion than the DOJ with regard to Aero-Tech's
request for a small business exemption, and, therefore, DOE cannot make
a finding that a failure to allow an exemption to Aero-Tech would
result in a lessening of competition.
Signed in Washington, DC, on January 17, 2019.
Daniel R Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[[Page 471]]
[GRAPHIC] [TIFF OMITTED] TN30JA19.000
[[Page 472]]
[GRAPHIC] [TIFF OMITTED] TN30JA19.001
Case #2018-001
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act of 1975 (EPCA),\1\ Public
Law 94-163 (42 U.S.C. 6291-6317, as codified), among other things,
authorizes the U.S. Department of Energy (DOE) to establish energy
conservation standards for certain consumer products and industrial
equipment. 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 for certain types of consumer products. These products
include rough service lamps, the focus of this document. (42 U.S.C.
6295(l)(4)(A))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document 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 as Part A.
---------------------------------------------------------------------------
On December 26, 2017, DOE issued a final rule codifying at 10 CFR
430.32(bb) statutory backstop requirements applicable to rough service
lamps and vibration service lamps. Prior to the rule, these backstop
requirements were triggered as a result of rough and vibration service
lamps exceeding a previously announced sales threshold and in the
absence of any other energy conservation regulation issued by DOE for
these lamps. In particular, the final rule placed in the Code of
Federal Regulations a statutorily established 40-watt maximum energy
use and packaging limitation for rough and vibration service lamps
manufactured on or after January 25, 2018. DOE subsequently published
an Enforcement Policy Statement announcing a May 1, 2018 compliance
date for the rule.\3\ For rough service lamps, the statute requires the
lamps to: (1) Have a shatter-proof coating or equivalent technology
that complies with NSF/ANSI 51 and is designed to contain the glass if
the glass envelope of the lamp is broken and to provide effective
containment over the life of the lamp; (2) have a maximum 40-watt
limitation; and (3) be sold at retail only in a package containing one
lamp. (42 U.S.C. 6295(l)(4)(D)(ii))
---------------------------------------------------------------------------
\3\ DOE's Enforcement Policy Statement can be accessed here:
https://www.energy.gov/sites/prod/files/2018/02/f48/Enforcement%20Policy%20-%202018%20VSL%20RSL.pdf.
---------------------------------------------------------------------------
Under 42 U.S.C. 6295(t), DOE may grant to a manufacturer a
temporary exemption from an applicable energy conservation standard if
DOE finds that the annual gross revenues of such manufacturer from all
its operations (including the manufacture and sale of covered products)
does not exceed $8,000,000 for the 12-month period preceding the date
of the application. In making this finding, DOE must account for the
annual gross revenues of any other person who controls, is controlled
by, or is under common control with, such manufacturer (referred to
herein as a ``small business exemption''). (42 U.S.C. 6295(t)(1)) The
Secretary of Energy (Secretary) may not grant a small business
exemption with respect to any type (or class) of covered product
subject to an energy conservation standard unless the Secretary finds,
after obtaining the written views of the Attorney General, that a
failure to allow an exemption would likely result in a lessening of
competition. (42 U.S.C. 6295(t)(2)) See also, subpart E of 10 CFR part
430. A notice of the decision of the Secretary must be published in the
Federal Register along with the reason for denying or granting the
application. 10 CFR 430.56(c)
II. Application for Exemption
On May 23, 2018, Aero-Tech Light Bulb Co. (Aero-Tech) submitted an
application for a small business exemption pursuant to 42 U.S.C.
6295(t) and Subpart E of 10 CFR part 430, requesting an exemption from
the DOE rough service lamps energy conservation standards found in 10
CFR 430.32(bb). Specifically, Aero-Tech requested an exemption from
compliance with the standards until January 25, 2020. The application
indicated that Aero-Tech is an importer and distributor of rough
service light bulbs. In its application, Aero-Tech asked for an
exemption from the standards on the basis of its status as a small
business. According to Aero-Tech, failure to receive a small business
exemption would likely result in a lessening of competition in the
market for lighting companies. In its application, Aero-Tech stated
that, failure to grant an exemption would mean that Aero-Tech would
lose 70% of its business and have to close its doors.
On October 15, 2018, DOE published a notice announcing its receipt
of the application for exemption and solicited comments from interested
parties. 83 FR 51931. In accordance with its regulations, DOE also
transmitted Aero-Tech's application for exemption to the Attorney
General along with: (a) A statement of the facts and of the reasons for
the exemption, and (b) copies of all documents submitted. 10 CFR
430.54. DOE received one comment submitted
[[Page 473]]
by the National Electrical Manufacturers Association (NEMA) which
provided data and supporting factual information relating to rough
service lamp sales.\4\ In its comments, NEMA provided the names of nine
NEMA manufacturers and two non-member companies that sell rough service
lamps. While NEMA did not take a position on the merits of Aero-Tech's
application, NEMA's comments indicated that the demand for rough
service lamps is decreasing as customers are migrating to light-
emitting diode (LED) light bulbs for rough service applications at
higher light output levels.
---------------------------------------------------------------------------
\4\ NEMA's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2018-BT-PET-0016-0002.
---------------------------------------------------------------------------
III. Consultation with Other Agencies
Per 42 U.S.C. 6295(t)(2), DOE obtained the written views of the
Attorney General concerning Aero-Tech's application for exemption.
Under this statutory provision, DOE may only grant a small business
exemption if it has consulted with the Attorney General and finds that
a lessening of competition would likely result. In its assessment
letter responding to DOE, the Department of Justice (DOJ) concluded
that failure to grant Aero-Tech's application for a small business
exemption for rough service lamps would likely not result in a
lessening of competition. DOJ made this determination after reviewing
Aero-Tech's application, as well as speaking with industry
representatives and reviewing the supplementary information submitted
to DOE by industry representatives. As part of its analysis, DOJ noted
that it applies the standard set forth in 42 U.S.C. 6295(t)(2), and
examines whether failure to grant a small business exemption would
likely result in a lessening of competition, for example, by
substantially limiting consumer choice or increasing industry
concentration.
IV. Order
DOE has no independent basis to come to a different conclusion than
the DOJ with regard to Aero-Tech's request for a small business
exemption. Thus, DOE does not find that Aero-Tech has demonstrated that
a failure to allow the exemption would result in a lessening of
competition, as required under 42 U.S.C. 6295(t)(2). It is Ordered that
the application for a small business exemption submitted on May 23,
2018 by Aero-Tech Light Bulb Co. is denied.
Signed in Washington, DC, on January 17, 2019.
-----------------------------------------------------------------------
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2019-00303 Filed 1-29-19; 8:45 am]
BILLING CODE 6450-01-P