Energy Conservation Program: Energy Conservation Standards for Ceiling Fans, 72862-72866 [2022-25749]
Download as PDF
<![CDATA[
72862
Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
Final Rule
(2) Final stage production guarantee—
The number of pounds of raw sugar
determined by multiplying the
approved yield per acre by the coverage
level percentage you elect.
*
*
*
*
*
acreage that does not qualify for the
final stage guarantee will be counted,
except that all production from acreage
subject to paragraphs (c)(1)(i) and (ii) of
this section will be counted; and
*
*
*
*
*
For the reasons discussed above, FCIC
amends 7 CFR part 457 as follows:
3. Insurance Guarantees, Coverage
Levels, and Prices
PART 457—COMMON CROP
INSURANCE REGULATIONS
(a) In addition to the requirements of
section 3 of the Basic Provisions, you
may select only one price election for all
the sugar beets in the county insured
under this policy.
(b) The production guarantees are
progressive by stages and increase at
specified intervals to the final stage. The
stages are:
(1) First stage, with a guarantee of 60
percent (60%) of the final stage
production guarantee, extends from
planting until:
(i) The earlier of thinning or 90 days
after planting in California; and
(ii) July 1 in all other States.
(2) Final stage, with a guarantee of
100 percent (100%) of the final stage
production guarantee, applies to all
insured sugar beets that complete the
first stage.
(c) The production guarantee will be
expressed in pounds of raw sugar.
(d) Any acreage of sugar beets
damaged in the first stage to the extent
that growers in the area would not
normally further care for the sugar beets
will be deemed to have been destroyed,
even though you may continue to care
for it. The production guarantee for such
acreage will not exceed the first stage
production guarantee.
*
*
*
*
*
17. Stage Removal Option
(a) Applicability:
(1) You must have an additional
coverage policy to elect this option.
(2) You must elect this option in
writing on or before the sales closing
date for the first year it is in effect.
(3) This election is continuous, in
accordance with section 2 of the Basic
Provisions, unless canceled by the
cancellation date. Your election of the
Catastrophic Risk Protection
Endorsement for your sugar beets in any
crop year will be deemed to be
cancellation of this option by you.
(4) All insurable acreage of sugar beets
in the county will be included under
this option unless any acreage is
specifically excluded by the Special
Provisions.
(b) Insurance Guarantees:
(1) The production guarantee (per
acre) will be the final stage guarantee.
(2) The terms and conditions
contained in sections 3(b) and 3(d) do
not apply under this option.
(c) Premium Adjustment Factor: The
premium adjustment factor in the
actuarial documents for the stage
removal option will apply to the
premium computation method in
section 7.
(d) Settlement of Claim:
(1) The ‘‘respective production
guarantee’’ referenced in section 14(b)
will be the final stage guarantee.
(2) The terms and conditions of
section 14(c)(1)(iv) do not apply under
this option.
List of Subjects in 7 CFR Part 457
Acreage allotments, Crop insurance,
Reporting and recordkeeping
requirements.
1. The authority citation for 7 CFR
part 457 continues to read as follows:
■
Authority: 7 U.S.C. 1506(l), 1506(o).
2. Amend § 457.109 as follows:
a. In the introductory text, remove the
phrase ‘‘2019 and succeeding crop years
in states with a November 30 contract
change date and for the 2020’’ and add
the phrase ‘‘2023 and succeeding crop
years in states with a November 30
contract change date and for the 2024’’
in its place;
■ b. In section 1, add a definition for
‘‘Production guarantee (per acre)’’ in
alphabetical order;
■ c. Revise sections 3 and 6;
■ d. Redesignate sections 7 through 15
as sections 8 through 16;
■ e. Add a new section 7;
■ f. In newly redesignated section 10,
remove the words ‘‘actuarial
documents’’ and add ‘‘Special
Provisions’’ in their place;
■ g. In the newly redesignated section
12, in paragraph (a), remove the words
‘‘(90%) of the production guarantee’’
and add ‘‘(90%) of the final stage
production guarantee’’ in their place;
■ h. In the newly redesignated section
14:
■ i. In paragraph (a)(2), remove the word
‘‘havested’’ and add ‘‘harvested’’ in its
place;
■ ii. Redesignate paragraph (c)(1)(iv) as
paragraph (c)(1)(v);
■ iii. Add a new paragraph (c)(1)(iv);
and
■ iv. In paragraph (f) introductory text,
remove the words ‘‘actuarial
documents’’ and add ‘‘Special
Provisions’’ in its place;
■ v. Remove ‘‘(f)***’’ following
paragraph (f)(1);
■ i. Add section 17.
The revisions and additions read as
follows:
khammond on DSKJM1Z7X2PROD with RULES
■
■
§ 457.109 Sugar Beet Crop Insurance
Provisions.
*
*
*
*
*
1. Definitions
*
*
*
*
*
Production guarantee (per acre):
(1) First stage production guarantee—
The final stage production guarantee
multiplied by 60 percent.
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
6. Report of Acreage
In addition to the requirements of
section 6 of the Basic Provisions, you
must provide a copy of all production
agreements to us on or before the
acreage reporting date.
Marcia Bunger,
Manager, Federal Crop Insurance
Corporation.
7. Annual Premium
BILLING CODE 3410–08–P
In lieu of the premium computation
method contained in section 7 of the
Basic Provisions, the annual premium
amount is computed by multiplying the
final stage production guarantee by the
price election, the premium rate, the
insured acreage, your share at the time
of planting, and any applicable
premium adjustment factors contained
in the actuarial documents.
*
*
*
*
*
14. * * *
(c) * * *
(1) * * *
(iv) Only appraised production in
excess of the difference between the first
and final stage production guarantee for
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
[FR Doc. 2022–25531 Filed 11–25–22; 8:45 am]
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2013–BT–TP–0050]
RIN 1904–AD88
Energy Conservation Program: Energy
Conservation Standards for Ceiling
Fans
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; technical
amendment.
AGENCY:
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
The Energy Policy and
Conservation Act, as amended
(‘‘EPCA’’), prescribes energy
conservation standards for various
consumer products, including ceiling
fans. The Energy Act of 2020 amended
the energy conservation standards for
large-diameter ceiling fans (‘‘LDCFs’’).
DOE codified these efficiency
requirements in a final rule published
May 27, 2021. When DOE published the
final rule codifying the standards for
LDCFs in 2021, DOE’s test procedure for
LDCFs was applicable only to those
ceiling fans with a diameter less than or
equal to 24 feet. As a result, DOE could
not implement the full scope of LDCF
standards set forth in the Energy Act of
2020. In order to remedy this situation,
DOE has removed this limit on ceiling
fan diameter in the most recent test
procedure rulemaking for ceiling fans.
As such, DOE is now able to implement
in this final rule the full scope of
standards for LDCFs set forth in the
Energy Act of 2020.
DATES: The effective date of this rule is
November 28, 2022.
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. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–2588. Email:
amelia.whiting@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
Table of Contents
I. Authority and Background
II. Clarification of the Scope of the LDCF
Standards Established in the Energy Act
of 2020
III. Final Action
IV. Procedural Issues and Regulator Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
V. Approval of the Office of the Secretary
I. Authority and Background
EPCA authorizes DOE to regulate the
energy efficiency of a number of
consumer products and certain
industrial equipment. Title III, Part B of
EPCA established the Energy
Conservation Program for Consumer
Products Other Than Automobiles.
These products include ceiling fans, the
subject of this document. (42 U.S.C.
6291(49); 42 U.S.C. 6293(b)(16)(A)(i)
and (B); and 42 U.S.C. 6295(ff))
DOE’s energy conservation standards
and test procedures for ceiling fans are
currently prescribed in the Code of
Federal Regulations (‘‘CFR’’) at 10 CFR
430.32(s)(1) and (2), 10 CFR 430.23(w),
and 10 CFR part 430, subpart B,
appendix U (‘‘appendix U’’),
respectively.
The DOE test procedure for ceiling
fans was amended in a test procedure
final rule published on July 25, 2016. 81
FR 48619 (‘‘July 2016 Final Rule’’). The
July 2016 Final Rule defined a largediameter ceiling fan (‘‘LDCF’’) as ‘‘a
ceiling fan that is greater than seven feet
in diameter.’’. Id. at 81 FR 48640. In the
July 2016 Final Rule, DOE stated that it
was unaware at the time of any
commercially available large-diameter
fans with blade spans greater than 24
feet, and therefore could not confirm
that the test procedure would produce
reliable results for fans larger than 24
feet in diameter. 81 FR 48619, 48632. As
such, the July 2016 Final Rule
established in section 3.4.1 of appendix
U that the test procedure was applicable
to large-diameter ceiling fans (‘‘LDCFs’’)
less than or equal to 24 feet in diameter.
Id. at 81 FR 48643.
On January 19, 2017, DOE issued a
final rule establishing energy
conservation standards for the LDCF
product class. 82 FR 6826, 6886
(‘‘January 2017 Final Rule’’). LDCFs
manufactured on or after January 21,
2020, had to meet a minimum efficiency
in cubic feet per minute per watt of
0.91D–30.00, where ‘‘D’’ is the ceiling
fan’s blade span, in inches. Id.
Section 1008 of the Energy Act of
2020 (the ‘‘Energy Act’’) amended
section 325(ff)(6) of EPCA to specify that
LDCFs manufactured on or after January
21, 2020, are not required to meet
minimum ceiling fan efficiency
requirements in terms of the total
airflow to the total power consumption,
CFM/W, as established in the January
2017 Final Rule, but instead must meet
minimum efficiency requirements based
on the Ceiling Fan Energy Index
(‘‘CFEI’’) metric. (42 U.S.C.
6295(ff)(6)(C)(i)(I), as codified) The
Energy Act requires LDCFs to have a
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
72863
CFEI greater than or equal to 1.00 at
high speed and 1.31 at 40 percent speed
or the nearest speed that is not less than
40 percent speed. (42 U.S.C.
6295(ff)(6)(C)(i)(II), as codified) Further,
the Energy Act specifies that CFEI is to
be calculated in accordance with
American National Standards Institute
ANSI/Air Movement and Control
Association International, Inc.
(‘‘AMCA’’) Standard 208–18,
‘‘Calculation of Fan Energy Index,’’ with
the following modifications: (I) Using an
airflow constant (Q0) of 26,500 cubic
feet per minute; (II) Using a pressure
constant (P0) of 0.0027 inches water
gauge; and (III) Using a fan efficiency
constant (h0) of 42 percent. (42 U.S.C.
6295(ff)(6)(C)(ii), as codified) Finally,
section 1008(b) of the Energy Act states
that for the purposes of the periodic
review requirements in section 325(m)
of EPCA, the standard established in the
Energy Act shall be treated as if such
standard was issued on January 19,
2017. The Energy Act did not restrict
application of the referenced industry
test procedure or amended energy
conservation standards to LDCFs with
diameters less than 24 ft.
On May 27, 2021, DOE published a
technical amendment to codify the
amended regulations for LDCFs enacted
by Congress through the Energy Act. 86
FR 28469 (‘‘May 2021 Technical
Amendment’’). At that time because the
DOE test procedure was limited to
ceiling fans with diameters less than or
equal to 24 ft, DOE was unable to
implement the revised energy
conservation standards for the full scope
of LDCFs set forth in the Energy Act. In
order to remedy this situation, DOE first
published a test procedure final rule on
August 16, 2022 (‘‘August 2022 Final
Rule’’), that extended the scope of the
test procedure to include ceiling fans
with a diameter greater than 24 feet. 87
FR 50396. In the August 2022 Final
Rule, DOE explained that nothing
inherent to the test procedure would
prevent testing of a ceiling fan greater
than 24 feet, and that the ceiling fan
industry trade group had confirmed that
the test facilities used by industry are
capable of accommodating ceiling fans
with blade spans substantially larger
than 24 feet. Id. at 87 FR 50403. DOE
explained in the August 2022 Final Rule
that it would address any potential
changes to the scope of standards for
LDCFs in a separate rulemaking. Id.
This final rule implements the full
scope of energy conservation standards
for LDCFs set forth in the Energy Act of
2020.
E:\FR\FM\28NOR1.SGM
28NOR1
72864
Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
II. Implementation of the Full Scope of
Standards for LDCF’s set Forth in the
Energy Act of 2020
DOE codified the standards in the
Energy Act for LDCFs with diameters
less than or equal to 24 ft in the May
2021 Technical Amendment. In this
final rule, DOE is codifying the full
scope of energy conservation standards
set forth in the Energy Act by extending
the current standards for LDCFs to
ceiling fans with diameters greater than
24 ft. Consistent with this
implementation, DOE is amending 10
CFR 430.32(s)(2)(ii) to clarify that the
energy conservation standards apply to
large-diameter ceiling fans as defined in
appendix U. Namely that large-diameter
ceiling fan means ‘‘a ceiling fan that is
not a highly-decorative ceiling fan or
belt-driven ceiling fan and has a
represented value of blade span, as
determined in 10 CFR 420.32(a)(3)(i),
greater than seven feet.’’
III. Testing and Enforcement
While this final rule is effective
November 28, 2022, DOE is aware that
testing subject to appendix U for LDCFs
greater than 24 feet is not required until
February 13, 2023. See 87 FR 50396. As
such, DOE is not requiring compliance
with the standards until use of the test
method is required, i.e., February 13,
2023.
khammond on DSKJM1Z7X2PROD with RULES
IV. 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. DOE is
merely placing in the Code of Federal
Regulations for the benefit of the public
energy conservation standards for
LDCFs prescribed by Congress in the
Energy Act of 2020. DOE is not
exercising any of the discretionary
authority that Congress has provided in
EPCA for the Secretary of Energy to
revise, by rule, product or equipment
definitions, test procedures and energy
conservation standards. 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.
V. Procedural Issues and Regulator
Review
A. Review Under Executive Order 12866
This final rule is not a ‘‘significant
regulatory action’’ under any of the
criteria set out in section 3(f) of
Executive Order 12866, ‘‘Regulatory
Planning and Review.’’ 58 FR 51735
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
(October 4, 1993). Accordingly, this
action was not subject to review by the
Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(FRFA) for any final rule where the
agency was first required by law to
publish a proposed rule for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel. DOE is revising
the Code of Federal Regulations to
incorporate revised requirements for
large-diameter ceiling fans prescribed by
Public Law 116–260 and conforming
amendments. Because this is a technical
amendment for which a general notice
of proposed rulemaking is not required,
the analytical requirements of the
Regulatory Flexibility Act do not apply
to this rulemaking.
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of ceiling fans must
certify to DOE that their products
comply with any applicable energy
conservation standards. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including ceiling fans. (See generally 10
CFR part 429) The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(‘‘PRA’’). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 35 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, certifying compliance, and
completing and reviewing the collection
of information.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act (‘‘NEPA’’) of
1969, DOE has analyzed this proposed
action in accordance with NEPA and
DOE’s NEPA implementing regulations
(10 CFR part 1021). DOE has determined
that this rule qualifies for categorical
exclusion under 10 CFR part 1021,
subpart D, appendix A5, because it is an
interpretive rulemaking that does not
change the environmental effect of the
rule and meets the requirements for
application of a categorical exclusion.
See 10 CFR 1021.410. Therefore, DOE
has determined that promulgation of
this rule is not a major Federal action
significantly affecting the quality of the
human environment within the meaning
of NEPA, and does not require an
environmental assessment or
environmental impact statement.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE examined this final rule
and determined that it will not have a
substantial direct effect on the States, on
the relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
final rule. States can petition DOE for
exemption from such preemption to the
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
khammond on DSKJM1Z7X2PROD with RULES
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
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
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. 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 will 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.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
72865
files/2019/12/f70/DOE%20Final
%20Updated%20IQA%20Guidelines
%20Dec%202019.pdf. 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.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. 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).
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this Final rule; technical
amendment.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Small
businesses.
E:\FR\FM\28NOR1.SGM
28NOR1
72866
Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Rules and Regulations
Signing Authority
DEPARTMENT OF TRANSPORTATION
This document of the Department of
Energy was signed on November 21,
2022, Francisco Alejandro Moreno,
Acting Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Federal Aviation Administration
Signed in Washington, DC, on November
21, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons set forth in the
preamble, DOE amends part 430 of
chapter II of title 10, Code of Federal
Regulations as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.32 is amended by
revising paragraph (s)(2)(ii) introductory
text to read as follows:
■
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
*
(s) * * *
(2) * * *
(ii) Large-diameter ceiling fans, as
defined in appendix U to subpart B of
this part, manufactured on or after
January 21, 2020, shall have a CFEI
greater than or equal to –
*
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
[FR Doc. 2022–25749 Filed 11–25–22; 8:45 am]
BILLING CODE 6450–01–P
VerDate Sep<11>2014
16:18 Nov 25, 2022
Jkt 259001
14 CFR Part 71
[Docket No. FAA–2022–1003; Airspace
Docket No. 22–AGL–30]
RIN 2120–AA66
Amendment of Class E Airspace;
Menominee, MI
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the Class
E airspace at Menominee, MI. This
action is due to an airspace review
conducted as part of the
decommissioning of the Menominee
very high frequency (VHF)
omnidirectional range (VOR) as part of
the VOR Minimal Operational Network
(MON) Program. The name and
geographic coordinates of the airport are
also being updated to coincide with the
FAA’s aeronautical database.
DATES: Effective 0901 UTC, February 23,
2023. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at 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.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Claypool, Federal Aviation
Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5711.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends the
Class E airspace extending upward from
700 feet above the surface at Menominee
Regional Airport, Menominee, MI, to
support instrument flight rule
operations at this airport.
History
The FAA published a notice of
proposed rulemaking (NPRM) in the
Federal Register (87 FR 51623; August
23, 2022) for Docket No. FAA–2022–
1003 to amend the Class E airspace at
Menominee, MI. Interested parties were
invited to participate in this rulemaking
effort by submitting written comments
on the proposal to the FAA. No
comments were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
will be published subsequently in FAA
Order JO 7400.11.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order JO
7400.11G, Airspace Designations and
Reporting Points, dated August 19,
2022, and effective September 15, 2022.
FAA Order JO 7400.11G is publicly
available as listed in the ADDRESSES
section of this document. FAA Order JO
7400.11G lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
Differences From the NPRM
Subsequent to publication, a
typographical error was discovered in
the geographic coordinates listed in the
airspace legal description: ‘‘(Lat.
45°07′36″ N, long. 87°38′17″ W)’’ should
be ‘‘(Lat. 45°07′36″ N, long. 87°38′19″
W).’’ This error has been corrected in
this action.
The Rule
This amendment to 14 CFR part 71
amends the Class E airspace extending
upward from 700 feet above the surface
at Menominee Regional Airport,
Menominee, MI, by removing the
extension to the north of the airport as
it is no longer required; and updates the
name (previously Menominee-Marinette
Twin County Airport) and geographic
coordinates of the airport to coincide
with the FAA’s aeronautical database.
This action is due to an airspace
review conducted as part of the
decommissioning of the Menominee
E:\FR\FM\28NOR1.SGM
28NOR1
]]>Agencies
[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72862-72866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25749]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2013-BT-TP-0050]
RIN 1904-AD88
Energy Conservation Program: Energy Conservation Standards for
Ceiling Fans
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
[[Page 72863]]
SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''),
prescribes energy conservation standards for various consumer products,
including ceiling fans. The Energy Act of 2020 amended the energy
conservation standards for large-diameter ceiling fans (``LDCFs''). DOE
codified these efficiency requirements in a final rule published May
27, 2021. When DOE published the final rule codifying the standards for
LDCFs in 2021, DOE's test procedure for LDCFs was applicable only to
those ceiling fans with a diameter less than or equal to 24 feet. As a
result, DOE could not implement the full scope of LDCF standards set
forth in the Energy Act of 2020. In order to remedy this situation, DOE
has removed this limit on ceiling fan diameter in the most recent test
procedure rulemaking for ceiling fans. As such, DOE is now able to
implement in this final rule the full scope of standards for LDCFs set
forth in the Energy Act of 2020.
DATES: The effective date of this rule is November 28, 2022.
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. Email: [email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Clarification of the Scope of the LDCF Standards Established in
the Energy Act of 2020
III. Final Action
IV. Procedural Issues and Regulator Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Congressional Notification
V. Approval of the Office of the Secretary
I. Authority and Background
EPCA authorizes DOE to regulate the energy efficiency of a number
of consumer products and certain industrial equipment. Title III, Part
B of EPCA established the Energy Conservation Program for Consumer
Products Other Than Automobiles. These products include ceiling fans,
the subject of this document. (42 U.S.C. 6291(49); 42 U.S.C.
6293(b)(16)(A)(i) and (B); and 42 U.S.C. 6295(ff))
DOE's energy conservation standards and test procedures for ceiling
fans are currently prescribed in the Code of Federal Regulations
(``CFR'') at 10 CFR 430.32(s)(1) and (2), 10 CFR 430.23(w), and 10 CFR
part 430, subpart B, appendix U (``appendix U''), respectively.
The DOE test procedure for ceiling fans was amended in a test
procedure final rule published on July 25, 2016. 81 FR 48619 (``July
2016 Final Rule''). The July 2016 Final Rule defined a large-diameter
ceiling fan (``LDCF'') as ``a ceiling fan that is greater than seven
feet in diameter.''. Id. at 81 FR 48640. In the July 2016 Final Rule,
DOE stated that it was unaware at the time of any commercially
available large-diameter fans with blade spans greater than 24 feet,
and therefore could not confirm that the test procedure would produce
reliable results for fans larger than 24 feet in diameter. 81 FR 48619,
48632. As such, the July 2016 Final Rule established in section 3.4.1
of appendix U that the test procedure was applicable to large-diameter
ceiling fans (``LDCFs'') less than or equal to 24 feet in diameter. Id.
at 81 FR 48643.
On January 19, 2017, DOE issued a final rule establishing energy
conservation standards for the LDCF product class. 82 FR 6826, 6886
(``January 2017 Final Rule''). LDCFs manufactured on or after January
21, 2020, had to meet a minimum efficiency in cubic feet per minute per
watt of 0.91D-30.00, where ``D'' is the ceiling fan's blade span, in
inches. Id.
Section 1008 of the Energy Act of 2020 (the ``Energy Act'') amended
section 325(ff)(6) of EPCA to specify that LDCFs manufactured on or
after January 21, 2020, are not required to meet minimum ceiling fan
efficiency requirements in terms of the total airflow to the total
power consumption, CFM/W, as established in the January 2017 Final
Rule, but instead must meet minimum efficiency requirements based on
the Ceiling Fan Energy Index (``CFEI'') metric. (42 U.S.C.
6295(ff)(6)(C)(i)(I), as codified) The Energy Act requires LDCFs to
have a CFEI greater than or equal to 1.00 at high speed and 1.31 at 40
percent speed or the nearest speed that is not less than 40 percent
speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified) Further, the
Energy Act specifies that CFEI is to be calculated in accordance with
American National Standards Institute ANSI/Air Movement and Control
Association International, Inc. (``AMCA'') Standard 208-18,
``Calculation of Fan Energy Index,'' with the following modifications:
(I) Using an airflow constant (Q0) of 26,500 cubic feet per
minute; (II) Using a pressure constant (P0) of 0.0027 inches
water gauge; and (III) Using a fan efficiency constant
([eta]0) of 42 percent. (42 U.S.C. 6295(ff)(6)(C)(ii), as
codified) Finally, section 1008(b) of the Energy Act states that for
the purposes of the periodic review requirements in section 325(m) of
EPCA, the standard established in the Energy Act shall be treated as if
such standard was issued on January 19, 2017. The Energy Act did not
restrict application of the referenced industry test procedure or
amended energy conservation standards to LDCFs with diameters less than
24 ft.
On May 27, 2021, DOE published a technical amendment to codify the
amended regulations for LDCFs enacted by Congress through the Energy
Act. 86 FR 28469 (``May 2021 Technical Amendment''). At that time
because the DOE test procedure was limited to ceiling fans with
diameters less than or equal to 24 ft, DOE was unable to implement the
revised energy conservation standards for the full scope of LDCFs set
forth in the Energy Act. In order to remedy this situation, DOE first
published a test procedure final rule on August 16, 2022 (``August 2022
Final Rule''), that extended the scope of the test procedure to include
ceiling fans with a diameter greater than 24 feet. 87 FR 50396. In the
August 2022 Final Rule, DOE explained that nothing inherent to the test
procedure would prevent testing of a ceiling fan greater than 24 feet,
and that the ceiling fan industry trade group had confirmed that the
test facilities used by industry are capable of accommodating ceiling
fans with blade spans substantially larger than 24 feet. Id. at 87 FR
50403. DOE explained in the August 2022 Final Rule that it would
address any potential changes to the scope of standards for LDCFs in a
separate rulemaking. Id. This final rule implements the full scope of
energy conservation standards for LDCFs set forth in the Energy Act of
2020.
[[Page 72864]]
II. Implementation of the Full Scope of Standards for LDCF's set Forth
in the Energy Act of 2020
DOE codified the standards in the Energy Act for LDCFs with
diameters less than or equal to 24 ft in the May 2021 Technical
Amendment. In this final rule, DOE is codifying the full scope of
energy conservation standards set forth in the Energy Act by extending
the current standards for LDCFs to ceiling fans with diameters greater
than 24 ft. Consistent with this implementation, DOE is amending 10 CFR
430.32(s)(2)(ii) to clarify that the energy conservation standards
apply to large-diameter ceiling fans as defined in appendix U. Namely
that large-diameter ceiling fan means ``a ceiling fan that is not a
highly-decorative ceiling fan or belt-driven ceiling fan and has a
represented value of blade span, as determined in 10 CFR
420.32(a)(3)(i), greater than seven feet.''
III. Testing and Enforcement
While this final rule is effective November 28, 2022, DOE is aware
that testing subject to appendix U for LDCFs greater than 24 feet is
not required until February 13, 2023. See 87 FR 50396. As such, DOE is
not requiring compliance with the standards until use of the test
method is required, i.e., February 13, 2023.
IV. 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. DOE is merely placing in the Code of Federal Regulations
for the benefit of the public energy conservation standards for LDCFs
prescribed by Congress in the Energy Act of 2020. DOE is not exercising
any of the discretionary authority that Congress has provided in EPCA
for the Secretary of Energy to revise, by rule, product or equipment
definitions, test procedures and energy conservation standards. 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.
V. Procedural Issues and Regulator Review
A. Review Under Executive Order 12866
This final rule is not a ``significant regulatory action'' under
any of 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 not subject to review by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE is revising the Code of Federal Regulations
to incorporate revised requirements for large-diameter ceiling fans
prescribed by Public Law 116-260 and conforming amendments. Because
this is a technical amendment for which a general notice of proposed
rulemaking is not required, the analytical requirements of the
Regulatory Flexibility Act do not apply to this rulemaking.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of ceiling fans must certify to DOE that their
products comply with any applicable energy conservation standards. DOE
has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including ceiling fans. (See generally 10 CFR part 429) The
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (``PRA''). This requirement has been approved
by OMB under OMB control number 1910-1400. Public reporting burden for
the certification is estimated to average 35 hours per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, certifying
compliance, and completing and reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act (``NEPA'') of
1969, DOE has analyzed this proposed action in accordance with NEPA and
DOE's NEPA implementing regulations (10 CFR part 1021). DOE has
determined that this rule qualifies for categorical exclusion under 10
CFR part 1021, subpart D, appendix A5, because it is an interpretive
rulemaking that does not change the environmental effect of the rule
and meets the requirements for application of a categorical exclusion.
See 10 CFR 1021.410. Therefore, DOE has determined that promulgation of
this rule is not a major Federal action significantly affecting the
quality of the human environment within the meaning of NEPA, and does
not require an environmental assessment or environmental impact
statement.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the
[[Page 72865]]
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan 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 www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. 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 will 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.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. 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.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. 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).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this Final
rule; technical amendment.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
[[Page 72866]]
Signing Authority
This document of the Department of Energy was signed on November
21, 2022, Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on November 21, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons set forth in the preamble, DOE amends part 430 of
chapter II of title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.32 is amended by revising paragraph (s)(2)(ii)
introductory text to read as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(s) * * *
(2) * * *
(ii) Large-diameter ceiling fans, as defined in appendix U to
subpart B of this part, manufactured on or after January 21, 2020,
shall have a CFEI greater than or equal to -
* * * * *
[FR Doc. 2022-25749 Filed 11-25-22; 8:45 am]
BILLING CODE 6450-01-P
