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Proposed Rules Federal Register Vol 38613 Proposed Rules Federal Register Vol. 82, No. 156 Tuesday, August 15, 2017 This section of the FEDERAL REGISTER disc (CD), in which case it is not Table of Contents contains notices to the public of the proposed necessary to include printed copies. issuance of rules and regulations. The I. Background 4. Hand Delivery/Courier: Appliance II. Data purpose of these notices is to give interested and Equipment Standards Program, U.S. III. Conclusion persons an opportunity to participate in the IV. Submission of Comments rule making prior to the adoption of the final Department of Energy, Building rules. Technologies Office, 950 L’Enfant Plaza I. Background SW., Suite 600, Washington, DC 20024. Telephone: (202) 287–1445. If possible, Amendments to the Energy Policy and 1 DEPARTMENT OF ENERGY please submit all items on a CD, in Conservation Act of 1975 (EPCA), which case it is not necessary to include Public Law 94–163 (42 U.S.C. 6291– Energy Efficiency and Renewable printed copies. 6317, as codified), in the Energy Energy Office For detailed instructions on Independence and Security Act of 2007 (EISA 2007) direct DOE to conduct two submitting comments and additional rulemaking cycles to evaluate energy 10 CFR Part 430 information on the NODA, see section conservation standards for general IV, Submission of Comments. [EERE–2017–BT–NOA–0052] service lamps (GSLs). (42 U.S.C. Docket: The docket, which includes 6295(i)(6)(A)–(B)) GSLs are defined in Energy Conservation Program: Federal Register notices, and other EPCA to include GSILs, compact General Service Incandescent Lamps supporting documents/materials, is fluorescent lamps (CFLs), general and Other Incandescent Lamps available for review at http:// service light-emitting diode (LED) and Request for Data www.regulations.gov. All documents in organic light-emitting diode (OLED) the docket are listed in the http:// AGENCY: Office of Energy Efficiency and lamps, and any other lamps that the www.regulations.gov index. However, Renewable Energy, Department of Secretary of Energy (Secretary) some documents listed in the index, Energy. determines are used to satisfy lighting such as those containing information applications traditionally served by ACTION: Notification of data availability that is exempt from public disclosure, (NODA); request for information (RFI). general service incandescent lamps. may not be publicly available. For the first rulemaking cycle, SUMMARY: The U.S. Department of The docket Web page can be found at Congress instructed DOE to initiate a Energy (DOE) seeks annual domestic http://www.regulations.gov. The docket rulemaking process prior to January 1, sales and shipment data for general Web page will contain simple 2014, to consider two questions: (1) service incandescent lamps (GSILs) and instructions on how to access all Whether to amend energy conservation other incandescent lamps. DOE intends documents, including public comments, standards for general service lamps and to use this sales data from stakeholders in the docket. See section IV for (2) whether ‘‘the exemptions for certain to inform its decision on whether to information on how to submit incandescent lamps should be amend standards for GSILs. comments through http:// maintained or discontinued.’’ (42 U.S.C. www.regulations.gov. DATES: DOE will accept comments, data, 6295(i)(6)(A)(i)) Further, if the Secretary and information regarding this NODA FOR FURTHER INFORMATION CONTACT: determines that the standards in effect received no later than October 16, 2017. Ms. Lucy deButts, U.S. Department of for GSILs should be amended, EPCA provides that a final rule must be ADDRESSES: Interested persons are Energy, Office of Energy Efficiency encouraged to submit comments, data and Renewable Energy, Building published by January 1, 2017, with a and information using the Federal Technologies, EE–2J, 1000 compliance date at least 3 years after the eRulemaking Portal at http:// Independence Avenue SW., date on which the final rule is www.regulations.gov. Follow the Washington, DC 20585–0121. published. (42 U.S.C. 6295(i)(6)(A)(iii)) instructions for submitting comments. Telephone: (202) 287–1604. Email: In developing such a rule, DOE must Alternatively, interested persons may ApplianceStandardsQuestions@ consider a minimum efficacy standard submit comments, identified by docket ee.doe.gov. of 45 lumens per watt (lm/W). (42 U.S.C. 6295(i)(6)(A)(ii)) If DOE fails to number EERE–2017–BT–NOA–0052, by Ms. Celia Sher, U.S. Department of complete a rulemaking in accordance any of the following methods: Energy, Office of the General Counsel, with 42 U.S.C. 6295(i)(6)(A)(i)–(iv) or a 1. Federal eRulemaking Portal: http:// GC–33, 1000 Independence Avenue final rule from the first rulemaking cycle www.regulations.gov. Follow the SW., Washington, DC 20585–0121. does not produce savings greater than or instructions for submitting comments. Telephone: (202) 287–6122. Email: equal to the savings from a minimum 2. Email: GSIL2017NOA0052@ [email protected]. ee.doe.gov. Include the docket number efficacy standard of 45 lm/W, the statute For further information on how to in the subject line of the message. provides a ‘‘backstop’’ under which submit a comment or review other 3. Postal Mail: Appliance and DOE must prohibit sales of GSLs that do public comments and the docket, Equipment Standards Program, U.S. not meet a minimum 45 lm/W standard contact the Appliance and Equipment Department of Energy, Building beginning on January 1, 2020. (42 U.S.C. Standards Program staff at (202) 287– Technologies Office, Mailstop EE–5B, 6295(i)(6)(A)(v)) 1445 or by email: 1000 Independence Avenue SW., ApplianceStandardsQuestions@ 1 Washington, DC 20585–0121. All references to EPCA refer to the statute as ee.doe.gov. amended through the Energy Efficiency Telephone: (202) 287–1445. If possible, Improvement Act of 2015, Public Law 114–11 please submit all items on a compact SUPPLEMENTARY INFORMATION: (April 30, 2015). VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS 38614 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules DOE initiated the rulemaking process 2016). DOE explained that the October lamps not included in the GSIL in a timely manner by publishing in the 2016 NOPDDA related to the second definition. The following paragraphs Federal Register a notice of availability question that Congress directed DOE to describe the data sources and methods of a framework document. 78 FR 73737 consider—whether ‘‘the exemptions for used to estimate annual sales for these (Dec. 9, 2013); see also 79 FR 73503 certain incandescent lamps should be products. (Dec. 11, 2014) (notice of availability of maintained or discontinued.’’ (42 U.S.C. General service incandescent lamp preliminary analysis). DOE later issued 6295(i)(6)(A)(i)(II)); see also 81 FR means a standard incandescent or a notice of proposed rulemaking (NOPR) 71798. The relevant ‘‘exemptions,’’ DOE halogen type lamp that is intended for to propose amended energy explained, referred to the 22 categories general service applications; has a conservation standards for GSLs. 81 FR of incandescent lamps that are medium screw base; has a lumen range 14528, 14629–14630 (Mar. 17, 2016). statutorily excluded from the definitions of not less than 310 lumens and not The March 2016 NOPR focused on the of GSIL and GSL. 81 FR 71798. more than 2,600 lumens or, in the case On January 19, 2017, DOE published first question that Congress directed of a modified spectrum lamp, not less the two final rules concerning the DOE to consider—whether to amend than 232 lumens and not more than definition of GSL. 82 FR 7276; 82 FR energy conservation standards for 1,950 lumens; and is capable of being 7322. The January 2017 definition final general service lamps. (42 U.S.C. operated at a voltage range at least rules amended the definitions of GSIL 6295(i)(6)(A)(i)(I)) In the March 2016 partially within 110 and 130 volts. 10 and GSL by bringing some of the NOPR proposing energy conservation CFR 430.2. As mentioned above, as a statutorily-excluded categories of lamps standards for GSLs, DOE stated that it result of the previously effective would be unable to undertake any within the definitions of GSIL and GSL. Like the October 2016 NOPDDA, the Appropriations Rider, DOE was unable analysis regarding GSILs and other to undertake any analysis regarding incandescent lamps because of a then January 2017 definition final rules related to the second question that GSILs when considering amended applicable congressional restriction (the energy conservation standards for 2 Congress directed DOE to consider, Appropriations Rider ) on the use of general service lamps. Therefore the appropriated funds to implement or regarding whether to maintain or discontinue certain ‘‘exemptions.’’ (42 January 2017 definition final rules, enforce 10 CFR 430.32(x). 81 FR 14528, March 2016 NOPR, and previous 14540–14541. Notably, the applicability U.S.C. 6295(i)(6)(A)(i)(II)) The January 2017 definition final rulemaking documents for general of this Appropriations Rider has not service lamps did not contain shipment been extended in the current rules did not make a determination regarding ‘‘whether [DOE] should data for GSILs. In reviewing existing appropriations statute, and thus is no data sources, the 2010 U.S. Lighting 3 impose or amend standards for any longer in effect. As a result, DOE is no 4 category of lamps, such as GSILs or Market Characterization (LMC) report longer prevented from undertaking GSLs.’’ 82 FR 7277. Thus, by its own estimated an installed stock of 2.1 analysis and decision making required statement, DOE has not yet made a billion general service A-type by the first question presented by determination on whether standards incandescent and general service Congress, i.e., whether to amend energy applicable to GSILs should be amended, halogen lamps in 2010.
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