Energy Conservation Program: Energy Conservation Standards for Ceiling Fan Light Kits; Correction, 8411-8413 [2019-04244]
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
The Council discussed other
alternatives to this action, including
making no changes to the current
reporting requirements. However,
having the information on handler price
paid and shelled pecan yield will
provide important information for the
industry.
Another alternative considered was to
create a new report for the collection of
this information. However, the industry
recently implemented a series of
monthly reports that increased the
reporting burden on handlers. Rather
than add to the burden by creating a
new report, the Council believed it
would be more efficient to ask handlers
for this information as part of the
existing year-end reporting requirement.
Therefore, the alternatives were
rejected.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by OMB and
assigned OMB No. 0581–0291 ‘‘Federal
Marketing Order for Pecans.’’ This final
rule will require changes to the
Council’s existing APC Form 7.
However, the changes are minor and the
currently approved burden for the form
will not be altered by the changes to the
form. The revised form has been
submitted to OMB for approval.
As with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. As noted in the initial
regulatory flexibility analysis, USDA
has not identified any relevant Federal
rules that duplicate, overlap, or conflict
with this rule. Further, no public
comments were received regarding the
initial regulatory flexibility analysis.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
The Council’s meetings were widely
publicized throughout the pecan
industry and all interested persons were
invited to attend the meetings and
participate in Council deliberations on
all issues. The Council’s meetings held
on January 24, 2018, and April 17, 2018,
were also public meetings and all
entities, both large and small, were able
to express views on this issue.
A proposed rule concerning this
action was published in the Federal
Register on October 9, 2018, (83 FR
50531). Copies of the rule were sent via
email to Council members and known
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18:14 Mar 07, 2019
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pecan handlers. The rule was also made
available through the internet by USDA
and the Office of the Federal Register.
A 30-day comment period ending
November 8, 2018, was provided to
allow interested persons to respond to
the proposal. No comments were
received. Accordingly, no changes will
be made to the rule as proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously-mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matter presented, including the
information and recommendation
submitted by the Council and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 986
Marketing agreements, Nuts, Pecans,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 986 is amended as
follows:
PART 986—PECANS GROWN IN THE
STATES OF ALABAMA, ARKANSAS,
ARIZONA, CALIFORNIA, FLORIDA,
GEORGIA, KANSAS, LOUISIANA,
MISSOURI, MISSISSIPPI, NORTH
CAROLINA, NEW MEXICO,
OKLAHOMA, SOUTH CAROLINA, AND
TEXAS
1. The authority citation for 7 CFR
part 986 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 986.175 is amended by
revising paragraphs (a) introductory
text, (a)(7) and (8), and adding
paragraphs (a)(9) and (10) to read as
follows:
■
§ 986.175
Handler inventory.
(a) Handlers shall submit to the
Council a year-end inventory report
following August 31 each fiscal year.
Handlers shall file such reports by
September 10. Should September 10 fall
on a weekend, reports are due by the
first business day following September
10. Such reports shall be reported to the
Council on APC Form 7. For the
purposes of this form, ‘‘crop year’’ is the
same as the ‘‘fiscal year.’’ The report
shall include:
*
*
*
*
*
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8411
(7) Total weight and type of domestic
pecans handled for the fiscal year;
(8) Total assessments owed,
assessments paid to date, and remaining
assessments due to be paid by the due
date of the year-end inventory report for
the fiscal year;
(9) The average price paid for all
inshell pecans purchased during the
fiscal year regardless of how the pecans
are handled, including pecans from
outside the production area; and
(10) The average yield of shelled
pecans per pound of inshell pecans
shelled during the fiscal year.
Dated: March 5, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–04232 Filed 3–7–19; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE–2012–BT–STD–0045]
RIN 1904–AC87
Energy Conservation Program: Energy
Conservation Standards for Ceiling
Fan Light Kits; Correction
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; correcting
amendments.
AGENCY:
The U.S. Department of
Energy (DOE) is publishing this final
rule to correct references to the
compliance date for energy conservation
standards for ceiling fan light kits
(CFLKs) and correct inaccurate crossreferences to these standards. On May
16, 2018, DOE published a final rule
that amended the energy conservation
standards for CFLKs, which contained
some inadvertent errors. This document
corrects those errors.
DATES: Effective March 8, 2019.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
1604. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Elizabeth Kohl, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–7796. Email:
Elizabeth.Kohl@hq.doe.gov.
SUMMARY:
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8412
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
Title III,
Part B 1 of the Energy Policy and
Conservation Act of 1975, as amended
(EPCA),2 established the Energy
Conservation Program for Consumer
Products Other Than Automobiles. (42
U.S.C. 6291–6309) These products
include CFLKs, the subject of this
document. Section 325(ff)(5) of EPCA
authorizes DOE to consider amended
standards for CFLKs. (42 U.S.C.
6295(ff)(5)) On January 6, 2016 DOE
published a final rule amending energy
conservation standard for CFLKs with a
compliance date of 3 years after the date
of issuance, i.e., January 7, 2019. 81 FR
580. Section 325(ff)(5) required that the
compliance date of the standards be at
least 2 years after the date of issuance,
and the 3 year lead time DOE specified
in the final standards rule is consistent
with other provisions of EPCA that
require a 3-year lead time for some
products. (42 U.S.C. 6295(ff)(5)(B))
Section 325(ff)(6) of EPCA also
authorizes DOE to consider amended
standards for ceiling fans, as a separate
product under the statute. (42 U.S.C.
6295(ff)(6)) On January 19, 2017 DOE
published a final rule amending energy
conservation standards for ceiling fans
with a compliance date of January 21,
2020. 82 FR 6826. Section 325(ff)(6) did
not have a similar provision regarding
the compliance date for ceiling fan
standards; however, as with the CFLK
rule, the 3 year lead time DOE specified
in the final standards rule is consistent
with other provisions of EPCA that
require a 3-year lead time for some
products.
After DOE’s promulgation of final
rules establishing energy conservation
standards for CFLKs and ceiling fans,
Congress enacted S. 2030, the ‘‘Ceiling
Fan Energy Conservation Harmonization
Act’’ (‘‘the Act’’), which was signed into
law as Public Law 115–161 on April 3,
2018. The Act amended the compliance
date for the CFLK standards to establish
a single compliance date for the energy
conservation standards for both CFLKs
and ceiling fans. The Act also required
that DOE, not later than 60 days after
the date of enactment, make any
technical and conforming changes to
any regulation, guidance document, or
procedure necessary to implement the
changed compliance date. On May 16,
2018 DOE published a final rule that
amended the compliance date for CFLKs
at 10 CFR 430.32(s)(3), (4), (5), and (6)
by replacing ‘‘January 7, 2019’’ with
‘‘January 21, 2020’’ (hereafter 2018
CFLK Correction final rule). 83 FR
22587. DOE also updated a cross
reference in 10 CFR 430.32(s)(5),
changing the reference to paragraphs
‘‘(s)(2) or (3)’’ to paragraphs ‘‘(s)(3) or
(4).’’ Paragraph (s)(5) provides
requirements for ceiling fan light kits
other than those specified in the crossreferenced paragraphs, which were not
updated when the new ceiling fan
standards were codified as paragraph
(s)(2). However, in that rule certain
sections of the CFR that should also
have been corrected to reflect the
accurate compliance date and crossreferences to energy conservation
standards were not.
In this final rule, DOE is amending 10
CFR 430.23 and 10 CFR 429.33 to
reference uniformly the correct
compliance date for CFLK energy
conservation standards. Specifically,
DOE is amending the CFLK test
procedure provisions at 10 CFR
430.23(x)(2) and certification provisions
at 10 CFR 429.33(a)(3) by replacing in
these paragraphs the text ‘‘January 7,
2019’’ with ‘‘January 21, 2020.’’
In addition, DOE is amending
incorrect cross-references to CFLK
energy conservation standards.
Specifically, the certification provisions
at 10 CFR 429.33(a)(2)(v) currently cite
10 CFR 430.32(s)(4) in reference to
energy conservation standards for
CFLKs with sockets or packaged with
lamps other than medium screw bases
or pin-bases. However, 10 CFR
430.32(s)(4) specifies energy
conservation requirements for CFLKs
with pin-based sockets for fluorescent
lamps. Energy conservation
requirements for CFLKs with socket
types other than medium screw base or
pin-based are specified in 10 CFR
430.32(s)(5). Therefore, DOE is
amending 10 CFR 429.33(a)(2)(v) by
replacing ‘‘10 CFR 430.32(s)(4)’’ with
‘‘10 CFR 430.32(s)(5).’’ Further 10 CFR
430.32(s)(3)(i) and (ii) respectively,
reference paragraphs (s)(2)(ii) and
(s)(2)(i) in that section with regards to
requirements for compact fluorescent
lamps. However, 10 CFR 430.32(s)(2)(i)
and (ii) only specify requirements
related to ceiling fans. The requirements
for compact fluorescent lamps are
specified in 10 CFR 430.32(s)(3)(i) and
(ii). Therefore, DOE is amending 10 CFR
430.32(s)(3) by replacing ‘‘(s)(2)(ii)’’
with ‘‘(s)(3)(ii)’’ and replacing ‘‘(s)(2)(i)’’
with ‘‘(s)(3)(i).’’
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
2 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
Procedural Issues and Regulatory
Review
The regulatory reviews conducted for
this rulemaking are those set forth in the
2018 CFLK Correction final rule. In light
SUPPLEMENTARY INFORMATION:
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18:14 Mar 07, 2019
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of the applicable statutory requirement
enacted by Congress to deem the
compliance date for CFLK standards to
be January 21, 2020, the absence of any
benefit in providing comment given that
the rule incorporates the specific
requirement established by Public Law
115–161, DOE finds that there is good
cause under 5 U.S.C. 553(b)(B) to not
provide prior notice and an opportunity
for public comment on the actions
outlined in this document to implement
Public Law 115–161. DOE similarly
finds good cause under 5 U.S.C.
553(b)(B) to not provide prior notice and
an opportunity for public comment on
the update to the erroneous crossreference. For these reasons, providing
prior notice and an opportunity for
public comment would, in this instance,
be unnecessary and contrary to the
public interest. For the same reason,
DOE finds good cause pursuant to 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effective date for this rule.
Neither the errors nor the corrections in
this document affect the substance of
the rulemaking that amended standards
of CFLKs (81 FR 580; January 6, 2016)
or any of the conclusions reached in
support of the final rule.
List of Subjects
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Reporting and
recordkeeping requirements.
10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, and
Small businesses.
Issued in Washington, DC, on February 28,
2019.
Steven Chalk,
Acting Deputy Assistant Secretary For Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, parts 429 and 430 of title 10
of the Code of Federal Regulations are
corrected by making the following
correcting amendments:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Rules and Regulations
Authority: 42 U.S.C. 6291–6317.
§ 429.33
[Amended]
2. Section 429.33 is amended:
a. In paragraph (a)(2)(v) by removing
the language ‘‘§ 430.32(s)(4)’’ and
adding in its place ‘‘§ 430.32(s)(5)’’; and
■ b. In paragraph (a)(3) by removing the
language ‘‘January 7, 2019’’ and adding
in its place ‘‘January 21, 2020’’.
■
■
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
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.
§ 430.23
[Amended]
4. Section 430.23 is amended in
paragraph (x)(2) introductory text by
removing the language a ‘‘January 7,
2019’’ and adding in its place ‘‘January
21, 2020’’.
■
§ 430.32
[Amended]
5. Section 430.32 is amended:
a. In paragraph (s)(3)(i) introductory
text by removing the language
‘‘(s)(2)(ii)’’ and adding in its place
‘‘(s)(3)(ii)’’; and
■ b. In paragraph (s)(3)(ii) by removing
the language ‘‘(s)(2)(i)’’ and adding in its
place ‘‘(s)(3)(i)’’.
■
■
[FR Doc. 2019–04244 Filed 3–7–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2018–0917; Airspace
Docket No. 18–ASW–14]
RIN 2120–AA66
Revocation of Class E Airspace;
Beeville-Chase Field, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action removes Class E
airspace extending upward from 700
feet above the surface at Chase Field
Industrial Airport, Beeville-Chase Field,
TX. This action is due to the
cancellation of the instrument
procedures at the airport making this
airspace no longer necessary.
DATES: Effective 0901 UTC, April 25,
2019. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
SUMMARY:
VerDate Sep<11>2014
18:14 Mar 07, 2019
Jkt 247001
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11C,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://www.faa.gov/
air_traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11C at NARA, call (202)
741–6030, or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT:
Rebecca Shelby, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5857.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it supports the
removal of Class E airspace extending
upward from 700 feet above the surface
at Chase Field Industrial Airport,
Beeville-Chase Field, TX.
History
The FAA published a notice of
proposed rulemaking in the Federal
Register (83 FR 55306; November 5,
2018) for Docket No. FAA–2018–0917 to
remove Class E airspace extending
upward from 700 feet above the surface
at Chase Field Industrial Airport,
Beeville-Chase Field, TX. Interested
parties were invited to participate in
this rulemaking effort by submitting
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Fmt 4700
Sfmt 4700
8413
written comments on the proposal to the
FAA. No comments were received.
Class E airspace designations are
published in paragraphs 6005 of FAA
Order 7400.11C, dated August 13, 2018,
and effective September 15, 2018, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11C, Airspace Designations and
Reporting Points, dated August 13,
2018, and effective September 15, 2018.
FAA Order 7400.11C is publicly
available as listed in the ADDRESSES
section of this document. FAA Order
7400.11C lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
The Rule
This amendment to Title 14 Code of
Federal Regulations (14 CFR) part 71
removes the Class E airspace extending
upward from 700 feet above the surface
at Chase Field Industrial Airport,
Beeville-Chase Field, TX.
This action due to the cancellation of
the instrument procedures at the airport
making the airspace no longer
necessary.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
E:\FR\FM\08MRR1.SGM
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Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Rules and Regulations]
[Pages 8411-8413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04244]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE-2012-BT-STD-0045]
RIN 1904-AC87
Energy Conservation Program: Energy Conservation Standards for
Ceiling Fan Light Kits; Correction
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is publishing this final
rule to correct references to the compliance date for energy
conservation standards for ceiling fan light kits (CFLKs) and correct
inaccurate cross-references to these standards. On May 16, 2018, DOE
published a final rule that amended the energy conservation standards
for CFLKs, which contained some inadvertent errors. This document
corrects those errors.
DATES: Effective March 8, 2019.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1604. Email: ApplianceStandardsQuestions@ee.doe.gov.
Elizabeth Kohl, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-7796. Email: Elizabeth.Kohl@hq.doe.gov.
[[Page 8412]]
SUPPLEMENTARY INFORMATION: Title III, Part B \1\ of the Energy Policy
and Conservation Act of 1975, as amended (EPCA),\2\ established the
Energy Conservation Program for Consumer Products Other Than
Automobiles. (42 U.S.C. 6291-6309) These products include CFLKs, the
subject of this document. Section 325(ff)(5) of EPCA authorizes DOE to
consider amended standards for CFLKs. (42 U.S.C. 6295(ff)(5)) On
January 6, 2016 DOE published a final rule amending energy conservation
standard for CFLKs with a compliance date of 3 years after the date of
issuance, i.e., January 7, 2019. 81 FR 580. Section 325(ff)(5) required
that the compliance date of the standards be at least 2 years after the
date of issuance, and the 3 year lead time DOE specified in the final
standards rule is consistent with other provisions of EPCA that require
a 3-year lead time for some products. (42 U.S.C. 6295(ff)(5)(B))
Section 325(ff)(6) of EPCA also authorizes DOE to consider amended
standards for ceiling fans, as a separate product under the statute.
(42 U.S.C. 6295(ff)(6)) On January 19, 2017 DOE published a final rule
amending energy conservation standards for ceiling fans with a
compliance date of January 21, 2020. 82 FR 6826. Section 325(ff)(6) did
not have a similar provision regarding the compliance date for ceiling
fan standards; however, as with the CFLK rule, the 3 year lead time DOE
specified in the final standards rule is consistent with other
provisions of EPCA that require a 3-year lead time for some products.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
---------------------------------------------------------------------------
After DOE's promulgation of final rules establishing energy
conservation standards for CFLKs and ceiling fans, Congress enacted S.
2030, the ``Ceiling Fan Energy Conservation Harmonization Act'' (``the
Act''), which was signed into law as Public Law 115-161 on April 3,
2018. The Act amended the compliance date for the CFLK standards to
establish a single compliance date for the energy conservation
standards for both CFLKs and ceiling fans. The Act also required that
DOE, not later than 60 days after the date of enactment, make any
technical and conforming changes to any regulation, guidance document,
or procedure necessary to implement the changed compliance date. On May
16, 2018 DOE published a final rule that amended the compliance date
for CFLKs at 10 CFR 430.32(s)(3), (4), (5), and (6) by replacing
``January 7, 2019'' with ``January 21, 2020'' (hereafter 2018 CFLK
Correction final rule). 83 FR 22587. DOE also updated a cross reference
in 10 CFR 430.32(s)(5), changing the reference to paragraphs ``(s)(2)
or (3)'' to paragraphs ``(s)(3) or (4).'' Paragraph (s)(5) provides
requirements for ceiling fan light kits other than those specified in
the cross-referenced paragraphs, which were not updated when the new
ceiling fan standards were codified as paragraph (s)(2). However, in
that rule certain sections of the CFR that should also have been
corrected to reflect the accurate compliance date and cross-references
to energy conservation standards were not.
In this final rule, DOE is amending 10 CFR 430.23 and 10 CFR 429.33
to reference uniformly the correct compliance date for CFLK energy
conservation standards. Specifically, DOE is amending the CFLK test
procedure provisions at 10 CFR 430.23(x)(2) and certification
provisions at 10 CFR 429.33(a)(3) by replacing in these paragraphs the
text ``January 7, 2019'' with ``January 21, 2020.''
In addition, DOE is amending incorrect cross-references to CFLK
energy conservation standards. Specifically, the certification
provisions at 10 CFR 429.33(a)(2)(v) currently cite 10 CFR 430.32(s)(4)
in reference to energy conservation standards for CFLKs with sockets or
packaged with lamps other than medium screw bases or pin-bases.
However, 10 CFR 430.32(s)(4) specifies energy conservation requirements
for CFLKs with pin-based sockets for fluorescent lamps. Energy
conservation requirements for CFLKs with socket types other than medium
screw base or pin-based are specified in 10 CFR 430.32(s)(5).
Therefore, DOE is amending 10 CFR 429.33(a)(2)(v) by replacing ``10 CFR
430.32(s)(4)'' with ``10 CFR 430.32(s)(5).'' Further 10 CFR
430.32(s)(3)(i) and (ii) respectively, reference paragraphs (s)(2)(ii)
and (s)(2)(i) in that section with regards to requirements for compact
fluorescent lamps. However, 10 CFR 430.32(s)(2)(i) and (ii) only
specify requirements related to ceiling fans. The requirements for
compact fluorescent lamps are specified in 10 CFR 430.32(s)(3)(i) and
(ii). Therefore, DOE is amending 10 CFR 430.32(s)(3) by replacing
``(s)(2)(ii)'' with ``(s)(3)(ii)'' and replacing ``(s)(2)(i)'' with
``(s)(3)(i).''
Procedural Issues and Regulatory Review
The regulatory reviews conducted for this rulemaking are those set
forth in the 2018 CFLK Correction final rule. In light of the
applicable statutory requirement enacted by Congress to deem the
compliance date for CFLK standards to be January 21, 2020, the absence
of any benefit in providing comment given that the rule incorporates
the specific requirement established by Public Law 115-161, DOE finds
that there is good cause under 5 U.S.C. 553(b)(B) to not provide prior
notice and an opportunity for public comment on the actions outlined in
this document to implement Public Law 115-161. DOE similarly finds good
cause under 5 U.S.C. 553(b)(B) to not provide prior notice and an
opportunity for public comment on the update to the erroneous cross-
reference. For these reasons, providing prior notice and an opportunity
for public comment would, in this instance, be unnecessary and contrary
to the public interest. For the same reason, DOE finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective
date for this rule. Neither the errors nor the corrections in this
document affect the substance of the rulemaking that amended standards
of CFLKs (81 FR 580; January 6, 2016) or any of the conclusions reached
in support of the final rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Reporting and
recordkeeping requirements.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
and Small businesses.
Issued in Washington, DC, on February 28, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary For Energy Efficiency, Energy
Efficiency and Renewable Energy.
For the reasons stated in the preamble, parts 429 and 430 of title
10 of the Code of Federal Regulations are corrected by making the
following correcting amendments:
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:
[[Page 8413]]
Authority: 42 U.S.C. 6291-6317.
Sec. 429.33 [Amended]
0
2. Section 429.33 is amended:
0
a. In paragraph (a)(2)(v) by removing the language ``Sec.
430.32(s)(4)'' and adding in its place ``Sec. 430.32(s)(5)''; and
0
b. In paragraph (a)(3) by removing the language ``January 7, 2019'' and
adding in its place ``January 21, 2020''.
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.
Sec. 430.23 [Amended]
0
4. Section 430.23 is amended in paragraph (x)(2) introductory text by
removing the language a ``January 7, 2019'' and adding in its place
``January 21, 2020''.
Sec. 430.32 [Amended]
0
5. Section 430.32 is amended:
0
a. In paragraph (s)(3)(i) introductory text by removing the language
``(s)(2)(ii)'' and adding in its place ``(s)(3)(ii)''; and
0
b. In paragraph (s)(3)(ii) by removing the language ``(s)(2)(i)'' and
adding in its place ``(s)(3)(i)''.
[FR Doc. 2019-04244 Filed 3-7-19; 8:45 am]
BILLING CODE 6450-01-P