Federal Register/Vol. 86, No. 158/Thursday, August 19, 2021
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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules 46611 was associated with the official agency’s support the identified reason for the DEPARTMENT OF ENERGY inability to provide service in 6 hours or challenge. 10 CFR Part 430 less, or timely issuance of the results (C) Determination. The Service will and certificate, the Service may not consider impacts on the assigned [EERE–2021–BT–STD–0012] terminate the exception. If the Service official agency, the applicant, and the terminates a long-term exception, all RIN 1904–AF22 potential gaining agency when deciding parties will be notified, and the whether to grant an exception. These Energy Conservation Program: applicant will resume service with the Definitions for General Service Lamps assigned official agency within 60 days impacts may include, but are not limited to, the viability of the assigned of notification. AGENCY: Office of Energy Efficiency and official agency given the loss of (2) Nonuse of service exception. If an Renewable Energy, Department of business. The Service will also consider applicant has not received service from Energy. the impact on the integrity of the official the assigned official agency within the ACTION: Notice of proposed rulemaking system and confirm an exception would last 90 days, the applicant may request and announcement of public meeting. that the Service grant a nonuse of not undermine the congressional service exception. policies in section 2 of the United States SUMMARY: On January 19, 2017, the U.S. (i) Requests must clearly state and Grain Standards Act. The Service will Department of Energy (‘‘DOE’’) support the following: provide its decision in writing to the published two final rules adopting (A) The last date of service from assigned official agency, the applicant, revised definitions of general service assigned official agency; and the potential gaining agency. lamp (‘‘GSL’’) and general service (B) The reason service has not been incandescent lamp (‘‘GSIL’’), and other received during this timeframe; (v) False or Misleading Requests. If an applicant submits a request that the supplemental definitions, to go into (C) The identified reason for the effect January 1, 2020. Prior to that request. Service determines is false or misleading the Service may elect to effective date, on September 5, 2019, (ii) Relevant information. Applicants DOE withdrew the revised definitions of limit them from submitting further may submit any relevant supporting GSL, GSIL, and the other supplemental requests for a period of up to 180 days. information. This may include, but is definitions. Upon further review and not limited to: (vi) Renewal or Termination of consideration, in this notice of proposed (A) The location of the specified Exception. The nonuse of service rulemaking (‘‘NOPR’’), DOE proposes to service point(s); exception is for the period of the gaining adopt the definitions of GSL and GSIL (B) The types of services requested by agency’s designation. At the end of the and the associated supplemental the applicant and offered by assigned designation, the Service will review the definitions set forth in the January 2017 official agency; exception, and verify all criteria and final rules. This document also (C) The ability of the gaining official announces a public meeting to receive agency to take on additional customers; information. If the exception still meets comment on these proposed definitions. (D) The ability of the assigned official the nonuse criteria, the Service will agency to provide the requested service; renew the exception for the new DATES: (E) Whether the requesting facility has designation period. In the event the Meeting: DOE will hold a public ever used the official system. gaining agency is no longer designated, meeting via webinar on Thursday, (iii) Supporting Documentation. the exception would automatically September 30, 2021, from 10:00 a.m. to Included with the request for an terminate and the customer would 4:00 p.m. See section V, ‘‘Public exception, the applicant must submit return to the assigned official agency. If Participation,’’ for webinar registration supporting documentation to the all parties jointly agree to the information, participant instructions Service. After receipt of the request, the termination of a nonuse of service and information about the capabilities Service will give all parties an exception, the Service will terminate the available to webinar participants. opportunity to provide additional exception. In this case, the assigned Comments: DOE will accept comments, data, and information supporting documentation. The Service official agency must resume service regarding this NOPR no later than will request additional information if within 60 days of notification. any is needed. October 18, 2021. (iv) Review and Validation. Prior to (vii) Historic exceptions. All nonuse ADDRESSES: Interested persons are granting an exception, the Service will of service exceptions, that were in place encouraged to submit comments using review the application and all as of March 30, 2019, will be the Federal eRulemaking Portal at supporting documentation, and the incorporated into geographic boundaries www.regulations.gov. Follow the Service will conduct any necessary of the gaining agencies. instructions for submitting comments. analysis to estimate the exception’s * * * * * Alternatively, interested persons may impact. submit comments identified by docket (A) Notification. The Service will Erin Morris, number EERE–2021–BT–STD–0012, and notify the assigned official agency prior Associate Administrator, Agricultural by email: To to granting an exception for nonuse of Marketing Service. 2021STD0012GSLDefinitions@ service. [FR Doc. 2021–17609 Filed 8–18–21; 8:45 am] ee.doe.gov. Include docket number (B) Challenge. The assigned official BILLING CODE P EERE–2021–BT–STD–0012 in the agency may challenge a proposed subject line of the message. exception for any reason. To challenge No telefacsimiles (‘‘faxes’’) will be a proposed exception, the assigned accepted. For detailed instructions on official agency must object in writing, submitting comments and additional and must submit supporting documents information on this process, see section to the Service within 14 days after the V of this document. date of notification. Documents must Although DOE has routinely accepted clearly identify the objection and public comment submissions through a VerDate Sep<11>2014 16:45 Aug 18, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 46612 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules variety of mechanisms, including postal A. Authority definitions for GSL, GSIL, and related mail and hand delivery/courier, the B. March 2016 Notice of Proposed terms, as proposed in this NOPR. Department has found it necessary to Rulemaking and October 2016 Notice of A. Authority make temporary modifications to the Proposed Definition and Data Availability EPCA, as amended,1 authorizes DOE comment submission process in light of C. January 2017 Final Rules the ongoing coronavirus disease 2019 to regulate the energy efficiency of a D. September 2019 Withdrawal Rule and number of consumer products and (‘‘COVID–19’’) pandemic. DOE is Subsequent Review accepting only electronic submissions at II. Synopsis of the Proposed Rule certain industrial equipment. 42 U.S.C. 2 this time. If a commenter finds that this III. General Discussion 6291–6317. Title III, Part B of EPCA, change poses an undue hardship, please A. GSL and GSIL Definitions established the Energy Conservation contact Appliance Standards Program B. Discontinuation of Exemptions Program for Consumer Products Other staff at (202) 586–1445 to discuss the C. GSLs and GSILs Than Automobiles. 42 U.S.C. 6291– need for alternative arrangements. Once 1. T-Shape, B, BA, CA, F, G16–1/2, G25, 6309. These products include GSLs, the G30, S, and M–14 Lamps the COVID–19 pandemic health subject of this rulemaking. 2. Rough Service Lamps, Vibration Service EPCA directs DOE to conduct two emergency is resolved, DOE anticipates Lamps, 3-Way Incandescent Lamps, and resuming all of its regular options for rulemaking cycles to evaluate energy Shatter-Resistant Lamps conservation standards for GSLs. 42 public comment submission, including D. Other GSLs postal mail and hand delivery/courier. E. Incandescent Reflector Lamps U.S.C. 6295(i)(6)(A)–(B). GSLs are Docket: The docket for this activity, F. Supplemental Definitions defined in EPCA to include GSILs, which includes Federal Register G. Proposed Effective Date compact fluorescent lamps (‘‘CFLs’’), notices, comments, and other IV. Procedural Issues and Regulatory Review general service light-emitting diode supporting documents/materials, is A. Review Under Executive Orders 12866 (‘‘LED’’) lamps and organic light available for review at B. Review Under the Regulatory Flexibility emitting diode (‘‘OLED’’) lamps, and Act www.regulations.gov. All documents in any other lamps that the Secretary of C. Review Under the Paperwork Reduction Energy (‘‘Secretary’’) determines are the docket are listed in the Act www.regulations.gov index. However, used to satisfy lighting applications D. Review Under the National traditionally served by general service not all documents listed in the index Environmental Policy Act of 1969 may be publicly available, such as E. Review Under Executive Order 13132 incandescent lamps. 42 U.S.C. information