This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

437 

Vol. 84, No. 19 

Tuesday, January 29, 2019 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[EERE–2019–BT–STD–0001] 

RIN 1904–AE23 

Energy Conservation Program: Energy 

Conservation Standards for Certain 

External Power Supplies 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: The Department of Energy 

(DOE) is publishing this final rule to 

amend its current regulations regarding 

certain aspects related to its energy 

conservation standards and scope of 

coverage for external power supplies. 

The contents of these technical 

amendments correspond with 

provisions enacted by Congress through 

the Power and Security Systems Act and 

EPS Improvement Act. DOE is also 

correcting a misprint related to a table 

detailing certain statutorily-prescribed 

requirements. 

DATES: The effective date of this rule is 

January 29, 2019. 

ADDRESSES: The docket, which includes 

Federal Register notices and other 

supporting documents/materials, is 

available for review at http://

www.regulations.gov. All documents in 

the docket are listed in the http://

www.regulations.gov index. 

A link to the docket web page can be 

found at http://www.regulations.gov. 

The docket web page will contain 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

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. Telephone: (202) 586– 

9870. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–8145. Email: 

michael.kido@hq.doe.gov. 

For further information on how to 

review the docket contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

II. Summary of This Action 

III. Final Action 

IV. Impacts 

A. Power and Security Systems Act Cost 

Impacts 

B. External Power Supply Improvement 

Act of 2017 Cost Impacts 

V. Procedural Requirements 

A. Review Under Executive Order 12866, 

‘‘Regulatory Planning and Review’’ 

B. Review Under Executive Orders 13771 

and 13777 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act of 1995 

E. Review Under the National 

Environmental Policy Act of 1969 

F. Review Under Executive Order 13132, 

‘‘Federalism’’ 

G. Review Under Executive Order 12988, 

‘‘Civil Justice Reform’’ 

H. Review Under the Unfunded Mandates 

Reform Act of 1995 

I. Review Under the Treasury and General 

Government Appropriations Act, 1999 

J. Review Under Executive Order 12630, 

‘‘Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights’’ 

K. Review Under the Treasury and General 

Government Appropriations Act, 2001 

L. Review Under Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 

M. Congressional Notification 

VI. Approval of the Office of the Secretary 

I. Background 

The Power and Security Systems 

(‘‘PASS’’) Act, Public Law 115–78 

(November 2, 2017) and the EPS 

Improvement Act of 2017 (Pub. L. 115– 

115) both amended certain aspects of 

the Energy Policy and Conservation Act, 

as amended (‘‘EPCA’’), Public Law 94– 

163. These recent amendments 

modified, among other things, the 

applicability of certain compliance 

deadlines related to external power 

supplies (‘‘EPSs’’) used in certain 

applications and aspects of the 

definition for external power supplies. 

Pursuant to the PASS Act, DOE is 

modifying its regulations regarding the 

non-application of no-load mode 

requirements by amending the text to 

explicitly state that the no-load 

requirements do not apply to certain 

external power supplies manufactured 

prior to the effective date of any 

amendment from a final rule published 

by DOE under 42 U.S.C. 

6295(u)(3)(D)(ii). That provision 

requires DOE to publish a final rule by 

July 1, 2021, that determines whether 

the standards in effect should be 

amended. If DOE amends those 

standards, the amended standards 

would apply to products manufactured 

starting on July 1, 2023. With respect to 

the EPS Improvement Act, DOE is 

amending its external power supply 

definition by excluding certain 

categories of products—namely, those 

power supply circuits, drivers, or 

devices that are ‘‘designed exclusively 

to be connected to, and power’’ lightemitting diodes (‘‘LEDs’’) providing 

illumination, organic light-emitting 

diodes (‘‘OLEDs’’) providing 

illumination; or ceiling fans using direct 

current motors. See 42 U.S.C. 

6291(36)(A)(ii) (as amended by the EPS 

Improvement Act). 

This document codifies in the Code of 

Federal Regulations (‘‘CFR’’) these 

revisions to EPCA. Additionally, to 

ensure consistency throughout its 

regulatory framework, DOE is also 

correcting a cross-reference in the 

certification requirements for external 

power supplies that appear in the CFR 

and making a correction regarding the 

description of the standards currently in 

place for Class A external power 

supplies. See 10 CFR 429.37(b)(2)(iv) 

and 10 CFR 430.32(w)(1)(i). The rule 

corrects the internal cross-reference in 

10 CFR 429.37(b)(2)(iv) to refer to 

§ 430.32(w)(5), which relates to 

certification requirements involving 

external power supplies that are exempt 

from the no-load mode requirements. 

The Class A external power supplyrelated correction addresses missing text 

describing the maximum energy 

consumption limit for Class A external 

438 Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations 

1 DOE calculated there were 9,027 EPS models 

certified in DOE’s Compliance Certification 

Database as of March 26, 2018 (https://

www.regulations.doe.gov/certification-data). 

The Government Regulatory Impact Model 

(‘‘GRIM’’) published as part of the February 2014 

ECS Final Rule (https://www.regulations.gov/ 

power supplies with a nameplate output 

of not more than 250 watts by including 

(as already provided in the statute) a 

separate internal header denoting the 

‘‘No-Load Mode’’ required for these 

types of external power supplies and 

adding internal column headers for the 

specified ‘‘Nameplate Output’’ and 

‘‘Maximum Consumption’’ level. (EPCA 

does not have an efficiency requirement 

for Class A external power supplies 

with a no-load nameplate output 

exceeding 250 watts.) Without including 

this statutorily-prescribed explanatory 

text, the current value of 0.5 watts 

included in the current table listing the 

active mode energy efficiency/energy 

usage requirements may be unclear. 

This clarifying change would comport 

with the active mode requirements with 

the requirements already found in 42 

U.S.C. 6295(u)(3)(A). 

II. Summary of This Action 

DOE is placing the amendments 

described in the previous section (i.e., 

definitional changes, modified dates, 

and clarification) into 10 CFR part 430 

(‘‘Energy Conservation Program for 

Certain Consumer Products’’). In 

addition, DOE is prescribing 

modifications to 10 CFR part 429 

(‘‘Certification, Compliance, and 

Enforcement for Consumer Products and 

Commercial and Industrial 

Equipment’’). As a result of these 

provisions, power supply circuits, 

drivers, and devices designed 

exclusively to be connected to and 

power three key categories of 

products—(1) light-emitting diodes 

providing illumination; (2) organic 

light-emitting diodes providing 

illumination; or (3) ceiling fans using 

direct current motors—are excluded 

from the external power supply 

definition. Additionally, the no-load 

mode standards will not apply to certain 

external power supplies certified to 

DOE as being designed to be connected 

to a security or life safety alarm and 

surveillance system component until 

the effective date of any amended 

standards that DOE publishes through a 

final rule in July 2021 regarding 

whether to amend the external power 

supply standards in place. Finally, 

DOE’s current table listing the active 

mode standards for Class A external 

power supplies will match the statutory 

text. 

III. 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. This rule 

inserts into the CFR, for the benefit of 

the public, the revised definitional 

provisions and timelines related to 

external power supplies prescribed by 

the PASS Act and EPS Improvement 

Act, corrects an internal cross-reference 

in DOE’s certification regulations, and 

makes a clarification to bring the current 

regulatory text into conformity with the 

relevant statutory provision. 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. 

IV. Impacts 

DOE has determined that the PASS 

Act and the EPS Improvement Act of 

2017 would result in costs savings to 

manufacturers of EPSs, LEDs, and 

ceiling fans. Consistent with OMB 

Circular A–4 and E.O. 13771, these 

changes would yield annualized cost 

savings of approximately $2.14 and 

$2.62 million (2016$), discounted at 3 

and 7 percent, respectively. 

A. Power and Security Systems Act Cost 

Impacts 

As described in section II, the PASS 

Act delays by six years a requirement 

that DOE determine whether to amend 

the standards in effect (i.e., from 2015 to 

2021) and that the compliance date for 

any amended standards that DOE may 

decide to set be delayed from 2017 to 

2023. Prior to the PASS Act, DOE was 

required to complete energy 

conservation standards for EPSs in 2015 

that would have become effective in 

2017. Due to the PASS Act, DOE is now 

required to complete energy 

conservation standards for EPSs by 2021 

that will become effective in 2023. This 

change, assuming that DOE decided to 

amend the current standards, would 

result in cost savings for EPS 

manufacturers. DOE estimated 

anticipated conversion costs for EPS 

manufacturers to comply with future 

amended EPS energy conservation 

standards and calculated the cost 

savings of delaying those estimated 

conversion costs by six years (i.e., from 

occurring in the years leading up to 

2023 as opposed to in the years leading 

up to 2017). 

DOE published estimated conversion 

costs for the adopted EPS energy 

conservation standards and for 

efficiency levels higher than the 

adopted standards in the February 2014 

Energy Conservation Standards (‘‘ECS’’) 

Final Rule for EPSs. 79 FR 7846, 7901– 

7904 (February 10, 2014). As part of the 

February 2014 ECS Final Rule for EPSs, 

DOE adopted energy conservation 

standards at TSL 2 and estimated that 

EPS manufacturers would have to spend 

approximately $43.4 million (2012$) in 

conversion costs to comply with 

standards set at TSL 2, or $46.0 million 

in 2016$. Additionally, DOE estimated 

conversion costs of more stringent 

standards. As part of that rulemaking 

DOE estimated that conversion costs at 

TSL 3, one TSL higher than the adopted 

standards, would be approximately 

$45.2 million (2012$), or $47.9 million 

in 2016$. 

Based on these costs, DOE estimates 

conversion costs of future amended EPS 

energy conservation standards could be 

approximately $1.9 million in 2016$. 

This delay of conversion costs by six 

years is calculated as cost savings to 

EPS manufacturers. DOE then 

calculated the net present value of 

delaying approximately $1.9 million in 

conversion costs by six years (leading 

up to 2023 instead of leading up to 

2017). 

B. External Power Supply Improvement 

Act of 2017 Cost Impacts 

As described in section II, the EPS 

Improvement Act of 2017 excludes 

certain devices that would otherwise be 

considered as EPSs from the EPS 

definition when they are used in LEDs 

providing illumination, OLEDs 

providing illumination, and ceiling fans 

using direct current motors from the 

EPS energy conservation standards. This 

change results in cost savings for LED, 

OLED, ceiling fan, and EPS 

manufacturers since these devices will 

no longer be required to meet the 

current energy conservation standards 

for EPSs. As a result, manufacturers of 

these devices will no longer need to 

redesign any existing EPS models that 

may have failed to meet the current EPS 

standards. Manufacturers also are not 

required to test and certify any products 

exempt from the EPS definition when 

introducing them into the market in the 

future. 

DOE estimated the number of LED, 

OLED, and ceiling fan models that 

would be affected by this statutory 

change because manufacturers would no 

longer need to redesign them to 

accommodate the EPS standards. DOE 

also used data from the February 2014 

ECS Final Rule for EPSs and data from 

DOE’s Compliance Certification 

Database to estimate the average EPS 

revenue per model to be approximately 

$126,000 in 2016$.1 DOE then estimated 

Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations 439 

docket?D=EERE-2008-BT-STD-0005) estimated the 

annual EPS revenue for TSL 2, the adopted TSL, 

was approximately $1.076 billion (2012$) in the 

year 2018, which is approximately $1.140 billion in 

2016$. 

2 DOE estimated that EPS manufacturers spend 

approximately 4.2 percent of annual revenue on 

capital expenditures and approximately 3.8 percent 

of annual revenue on research and development 

(taken from the published GRIM, located https://

www.regulations.gov/docket?D=EERE-2008-BTSTD-0005). Therefore, DOE estimated the annual 

per model capital expenditures of an EPS model to 

be approximately $5,300 ($126,255 × 4.2%) and the 

annual per model research and development costs 

of an EPS model to be approximately $4,800 

($126,255 × 3.8%). Lastly, as part of the February 

2014 ECS Final Rule for EPSs, DOE estimated that 

EPS manufacturers would spend an amount equal 

to the per model capital expenditures and per 

model research and development each year over the 

two-year EPS conversion period on capital 

conversion costs and product conversion costs 

respectively to comply with amended energy 

conservation standards for EPSs. 

3 DOE assumed that the vast majority of LED, 

OLED, and ceiling fan EPSs would fall in this 

product class. 

4Estimates for the number of LED and OLED 

models using EPSs come from Navigant 

Consulting’s lighting database used in support of 

the General Services Lamps energy conservation 

rulemaking (81 FR 14528). Estimates for the number 

of ceiling fan models using EPSs come from DOE’s 

Compliance Certification Database for ceiling fans 

(https://www.regulations.doe.gov/certification-data) 

checked on March 26, 2018. 

5The number of LED and OLED models using 

EPSs (757) multiplied by the percentage of models 

that would have been required to be converted to 

meet the current EPS standards (90.2 percent) 

multiplied by the per EPS model conversion costs 

($20,200, a combination of capital and product 

conversion costs). 

6The number of ceiling fan models using EPSs 

(131) multiplied by the percentage of models that 

would have been required to be converted to meet 

the current EPS standards (90.2 percent) multiplied 

by the per EPS model conversion costs ($20,200, a 

combination of capital and product conversion 

costs). 

7Wage rate is based on the mean hourly wage rate 

of Electrical and Electronics Engineering 

Technicians, May 2016 (https://www.bls.gov/oes/ 

current/oes173023.htm). 

Total benefits ratio is based on data from the U.S. 

Census Bureau’s 2016 Annual Survey of 

Manufacturers, using Annual Payroll and Total 

Fringe Benefits values specific to NAICS code 

335999 (All Other Miscellaneous Electrical 

Equipment and Component Manufacturing). https:// 

factfinder.census.gov/faces/nav/jsf/pages/ 

searchresults.xhtml?refresh=t. 

the per model capital conversion costs 

and per model product conversion costs 

to be approximately $10,600 and $9,600 

respectively.2 DOE then calculated the 

estimated percentage of EPS models that 

need to be converted to meet the 

February 2014 ECS Final Rule for EPSs 

for the product class based on the 18W 

AC–DC, Basic Voltage representative 

unit to be 90.2 percent.3 Lastly, DOE 

estimated that there would be 

approximately 752 LED and OLED 

models and 131 ceiling fans models 

using these EPSs.4 Therefore, DOE 

estimated that manufacturers would 

have had to spend approximately $13.7 

million in conversion costs for EPSs 

used in LEDs and OLEDs 5 and an 

additional $2.4 million in conversion 

costs for EPSs used in ceiling fans with 

direct current motors.6

In addition to conversion costs 

avoided, manufacturers will not incur 

ongoing testing and certification costs 

when new models falling within the 

scope of the statutory definitional 

changes are introduced into the market. 

DOE used the estimated testing time per 

EPS model published in the August 

2015 TP Final Rule for EPSs 80 FR 

51424 (August 25, 2015) and an average 

wage rate based on data from the Bureau 

of Labor Statistics and U.S. Census 

Bureau’s Annual Survey of 

Manufacturers 7 to calculate total testing 

costs absent the adoption of the EPS 

Improvement Act of 2017. Based on 

these estimates, DOE estimated a per 

model cost of approximately $154 for 

manufacturers to conduct testing to 

comply with the current EPS test 

procedure. 

DOE also estimated the production 

design cycle of EPSs used in LEDs and 

OLEDs and of EPSs used in ceiling fans. 

DOE used these estimates and the per 

model testing costs to calculate the 

average annual testing cost of EPSs used 

in LEDs and OLEDs, estimated at 

approximately $58,000, and the average 

annual testing cost of EPSs used in 

ceiling fans with direct current motors, 

estimated at approximately $5,700, 

absent the adoption of the EPS 

Improvement Act of 2017. 

In addition to testing costs avoided, 

DOE calculated annual certification 

costs avoided by not having to certify 

the energy efficiency performance of 

those devices that are no longer 

considered as EPSs when used in LEDs, 

OLEDs, and ceiling fans with direct 

current motors using the DOE’s EPS test 

procedure. DOE estimated the number 

of LED, OLED, and ceiling fan 

manufacturers producing products 

using these now excluded devices. DOE 

also estimated the annual certification 

burden of these manufacturers to 

introduce new models every year. DOE 

estimated annual certification costs of 

approximately $700,000 for these 

devices when used in LEDs or OLEDs, 

and annual certification costs of 

approximately $945,000 for these 

devices when used in ceiling fans with 

direct current motors absent the 

adoption of the EPS Improvement Act of 

2017. 

V. Procedural Requirements 

A. Review Under Executive Order 

12866, ‘‘Regulatory Planning and 

Review’’ 

This final rule is a ‘‘significant 

regulatory action’’ under 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 subject to 

review by the Office of Information and 

Regulatory Affairs (‘‘OIRA’’) in the 

Office of Management and Budget 

(‘‘OMB’’). 

B. Review Under Executive Orders 

13771 and 13777 

On January 30, 2017, the President 

issued Executive Order 13771, 

‘‘Reducing Regulation and Controlling 

Regulatory Costs.’’ That Order stated the 

policy of the executive branch is to be 

prudent and financially responsible in 

the expenditure of funds, from both 

public and private sources. The Order 

stated it is essential to manage the costs 

associated with the governmental 

imposition of private expenditures 

required to comply with Federal 

regulations. This final rule is expected 

to be an E.O. 13771 deregulatory action. 

Additionally, on February 24, 2017, 

the President issued Executive Order 

13777, ‘‘Enforcing the Regulatory 

Reform Agenda.’’ The Order required 

the head of each agency designate an 

agency official as its Regulatory Reform 

Officer (RRO). Each RRO oversees the 

implementation of regulatory reform 

initiatives and policies to ensure that 

agencies effectively carry out regulatory 

reforms, consistent with applicable law. 

Further, E.O. 13777 requires the 

establishment of a regulatory task force 

at each agency. The regulatory task force 

is required to make recommendations to 

the agency head regarding the repeal, 

replacement, or modification of existing 

regulations, consistent with applicable 

law. At a minimum, each regulatory 

reform task force must attempt to 

identify regulations that: 

(i) Eliminate jobs, or inhibit job 

creation; 

(ii) Are outdated, unnecessary, or 

ineffective; 

(iii) Impose costs that exceed benefits; 

(iv) Create a serious inconsistency or 

otherwise interfere with regulatory 

reform initiatives and policies; 

(v) Are inconsistent with the 

requirements of Information Quality 

Act, or the guidance issued pursuant to 

that Act, in particular those regulations 

that rely in whole or in part on data, 

information, or methods that are not 

publicly available or that are 

440 Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations 

insufficiently transparent to meet the 

standard for reproducibility; or 

(vi) Derive from or implement 

Executive Orders or other Presidential 

directives that have been subsequently 

rescinded or substantially modified. 

The PASS Act and the EPS 

Improvement Act of 2017 delay DOE 

consideration of standards and exclude 

certain power supplies from the 

regulations for EPSs. This rule 

incorporates the provisions of these acts 

into the CFR. The resulting cost savings 

are due to ongoing avoided testing costs 

and certification costs for excluded 

power supplies; the interest on upfront 

conversion costs delayed by the PASS 

Act from 2017 to 2023; and one-time 

avoided conversion costs for excluded 

power supplies. Excluded power 

supplies include EPSs used in LEDs, 

OLEDs, and ceiling fans with direct 

current motors. 

TABLE V.1—ANNUALIZED COST SAVINGS BY SOURCE AND ANALYTICAL TIME HORIZON

Cost savings Source Time horizon 

Cost savings 

(millions 2016$, 

discounted in 

perpetuity at 7%) 

Avoided Testing Costs ............................... EPS Improvement Act ................................ Perpetual ................................... ($0.06) 

Avoided Certification Costs ........................ EPS Improvement Act ................................ Perpetual ................................... (1.54) 

Delayed Conversion Costs ......................... PASS Act .................................................... 2017–2022 ................................ (0.04) 

Excluded EPS Conversion Costs ............... EPS Improvement Act ................................ One-time (2018) ........................ (0.98) 

DOE concludes that this final rule is 

consistent with the directives set forth 

in these executive orders. Assuming a 7 

percent discount rate, the final rule 

yields annualized cost savings of 

approximately $2.62 million (2016$). 

Therefore, this final rule is an Executive 

Order 13771 deregulatory action. 

TABLE V.2—SUMMARY OF COST SAVINGS FOR THE PASS ACT AND THE EPS IMPROVEMENT ACT OF 2017 

Category Present value 

(million 2016$) 

Discount rate 

(percent) 

PASS Act Cost Savings .......................................................................................................................................... (0.6) 7 

EPS Improvement Act of 2017 Cost Savings ......................................................................................................... (36.9) 7 

Total Net Cost Impact .............................................................................................................................................. (37.5) 7 

TABLE V.3—SUMMARY OF ANNUALIZED COST IMPACTS FOR THE PASS ACT AND THE EPS IMPROVEMENT ACT OF 2017 

Category Annual value 

(million 2016$) 

Discount rate 

(percent) 

PASS Act Annualized Cost Savings ....................................................................................................................... (0.04) 7 

EPS Improvement Act of 2017 Annualized Cost Savings ...................................................................................... (2.58) 7 

Total Net Annualized Cost Impact ........................................................................................................................... (2.62) 7 

C. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed 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 

rulemaking process. 68 FR 7990. The 

Department has made its procedures 

and policies available on the Office of 

General Counsel’s website: http://

energy.gov/gc/office-general-counsel. 

This rule revises the Code of Federal 

Regulations to incorporate, without 

substantive change, statutorily-imposed 

definitional changes affecting coverage 

under current energy conservation 

standards, applicable timelines related 

to certain rulemaking requirements, and 

related provisions prescribed by Public 

Law 115–78 and Public Law 115–115, 

along with a separate correction to 

reflect the current language found in the 

statute. Because this is a technical 

amendment for which a general notice 

of proposed rulemaking is not required, 

the Regulatory Flexibility Act does not 

apply to this rulemaking. 

D. Review Under the Paperwork 

Reduction Act of 1995 

This rulemaking imposes no new 

information or record keeping 

requirements. Accordingly, Office of 

Management and Budget clearance is 

not required under the Paperwork 

Reduction Act. (44 U.S.C. 3501 et seq.) 

E. Review Under the National 

Environmental Policy Act of 1969 

In this rule, DOE is incorporating 

requirements prescribed by the PASS 

Act and EPS Improvement Act and 

preexisting statutory language. DOE has 

determined that this rule falls into a 

class of actions that are categorically 

excluded from review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and DOE’s 

implementing regulations at 10 CFR part 

1021. Specifically, this rule is strictly 

procedural and, therefore, would not 

result in any environmental impacts. 

Thus, this rulemaking is covered by 

Categorical Exclusion A6 under 10 CFR 

part 1021, subpart D, which applies to 

procedural rulemakings. Accordingly, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations 441 

F. Review Under Executive Order 13132, 

‘‘Federalism’’ 

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. 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 

extent, and based on criteria, set forth in 

EPCA. (42 U.S.C. 6297) No further 

action is required by Executive Order 

13132. 

G. Review Under Executive Order 

12988, ‘‘Civil Justice Reform’’ 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 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; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and 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 section 3(a) and section 

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. 

H. 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. (Pub. L. 104–4, sec. 201 

(codified at 2 U.S.C. 1531). For a 

proposed regulatory action likely to 

result 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 

http://www.gc.doe.gov). This final 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 

under the Unfunded Mandates Reform 

Act do not apply. 

I. 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 would 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. 

J. Review Under Executive Order 12630, 

‘‘Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights’’ 

The Department has determined, 

under Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 18, 1988), 

that this rule would not result in any 

takings which might require 

compensation under the Fifth 

Amendment to the United States 

Constitution. 

K. Review Under the 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 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). 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. 

L. Review Under Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 

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 the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgates 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 proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

442 Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations 

This final rule, which incorporates 

recently-enacted statutory provisions 

into DOE’s regulations and makes 

specific corrections in conformity with 

the current statutory text, would not 

have a significant adverse effect on the 

supply, distribution, or use of energy 

and, therefore, is not a significant 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

M. 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). 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, and Reporting 

and recordkeeping requirements. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Incorporation by 

reference, and Small businesses. 

Signed in Washington, DC, on January 18, 

2019. 

Daniel R. Simmons, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, DOE hereby amends chapter 

II, subchapter D, of title 10 of the Code 

of Federal Regulations as set forth 

below: 

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: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 2. Section 429.37 is amended by 

revising paragraph (b)(2)(iv) to read as 

follows: 

§ 429.37 External power supplies. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) External power supplies that are 

exempt from no-load mode 

requirements under § 430.32(w)(5) of 

this chapter: A statement that the 

product is designed to be connected to 

a security or life safety alarm or 

surveillance system component, the 

average active-mode efficiency as a 

percentage (%), the nameplate output 

power in watts (W), and if missing from 

the nameplate, the certification report 

must also include the output current in 

amperes (A) of the basic model or the 

output current in amperes (A) of the 

highest- and lowest-voltage models 

within the external power supply design 

family. 

* * * * * 

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. 

■ 4. Section 430.2 is amended by 

revising the definition for ‘‘External 

power supply’’ to read as follows: 

§ 430.2 Definitions. 

* * * * * 

External power supply means an 

external power supply circuit that is 

used to convert household electric 

current into DC current or lower-voltage 

AC current to operate a consumer 

product. However, the term does not 

include a power supply circuit, driver, 

or device that is designed exclusively to 

be connected to, and power— 

(1) Light-emitting diodes providing 

illumination; 

(2) Organic light-emitting diodes 

providing illumination; or 

(3) Ceiling fans using direct current 

motors. 

* * * * * 

■ 5. Section 430.32 is amended by 

revising paragraph (w)(1)(i) and 

paragraph (w)(5) introductory text to 

read as follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(w) External power supplies. (1)(i) 

Except as provided in paragraphs (w)(2) 

and (5) of this section, all class A 

external power supplies manufactured 

on or after July 1, 2008, shall meet the 

following standards: 

Active mode 

Nameplate output Required efficiency (decimal equivalent of a percentage) 

Less than 1 watt ....................................................................................... 0.5 times the Nameplate output. 

From 1 watt to not more than 51 watts .................................................... The sum of 0.09 times the Natural Logarithm of the Nameplate Output 

and 0.5. 

Greater than 51 watts ............................................................................... 0.85. 

No-load mode 

Nameplate output Maximum consumption 

Not more than 250 watts .......................................................................... 0.5 watts. 

* * * * * 

Federal Register / Vol. 84, No. 19 / Tuesday, January 29, 2019 / Rules and Regulations 443 

(5) Non-application of no-load mode 

requirements. The no-load mode energy 

efficiency standards established in 

paragraph (w)(1) of this section shall not 

apply to an external power supply 

that— 

* * * * * 

[FR Doc. 2019–00228 Filed 1–28–19; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–1066; Product 

Identifier 2018–NM–176–AD; Amendment 

39–19540; AD 2019–01–01] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to The Boeing Company 

Model 787–8 airplanes powered by 

Rolls-Royce plc (RR) Trent 1000–A 

(including –A/01 and –A/01A), Trent 

1000–AE (including –AE/01A), Trent 

1000–C (including –C/01 and –C/01A), 

Trent 1000–CE (including –CE/01A), 

Trent 1000–D (including –D/01 and 

–D/01A), Trent 1000–E (including –E/01 

and –E/01A), Trent 1000–G (including 

–G/01 and –G/01A), and Trent 1000–H 

(including –H/01 and H/01A) turbofan 

engines. As published, a document 

referenced in the regulatory text was 

incorrectly identified. This document 

corrects that error. In all other respects, 

the original document remains the 

same. 

DATES: This correction is effective 

February 4, 2019. 

ADDRESSES: 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for 

Docket Operations (phone: 800–647– 

5527) is Docket Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Rebel Nichols, Aerospace Engineer, 

Propulsion Section, FAA, Seattle ACO 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; phone and fax: 206– 

231–3556; email: Rebel.Nichols@

faa.gov. 

SUPPLEMENTARY INFORMATION: As 

published, Airworthiness Directive 

2019–01–01, Amendment 39–19540 (84 

FR 129, January 18, 2019) (‘‘AD 2019– 

01–01’’), requires revising the airplane 

flight manual (AFM) to limit extended 

operations (ETOPS) for The Boeing 

Company Model 787–8 airplanes 

powered by RR Trent 1000–A (including 

–A/01 and –A/01A), Trent 1000–AE 

(including –AE/01A), Trent 1000–C 

(including –C/01 and –C/01A), Trent 

1000–CE (including –CE/01A), Trent 

1000–D (including –D/01 and –D/01A), 

Trent 1000–E (including –E/01 and 

–E/01A), Trent 1000–G (including –G/ 

01 and –G/01A), and Trent 1000–H 

(including –H/01 and H/01A) turbofan 

engines. 

Need for the Correction 

As published, a document specified 

in the regulatory text is incorrect. 

Specifically, a service bulletin that is 

referenced in figure 1 to paragraph (g) of 

AD 2019–01–01 was incorrectly 

identified as Rolls Royce Non 

Modification Service Bulletin Trent 

1000 ‘‘72–AK132.’’ The correct number 

is ‘‘72–K132.’’ Service bulletin ‘‘72– 

AK132’’ does not exist, and therefore, 

operators cannot directly comply with 

the AD requirement that refers to that 

service bulletin. 

Correction of Publication 

The error appeared in figure 1 to 

paragraph (g) of AD 2019–01–01. 

Although no other part of the preamble 

or regulatory information has been 

corrected, we are publishing the entire 

rule in the Federal Register. 

The effective date of this AD remains 

February 4, 2019. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Correction 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration amends part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Corrected] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2019–01–01 The Boeing Company: 

Amendment 39–19540; Docket No. 

FAA–2018–1066; Product Identifier 

2018–NM–176–AD. 

(a) Effective Date 

This AD is effective February 4, 2019. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 787–8 airplanes, certificated in any 

category, powered by Rolls-Royce plc (RR) 

Trent 1000–A (including –A/01 and –A/01A), 

Trent 1000–AE (including –AE/01A), Trent 

1000–C (including –C/01 and –C/01A), Trent 

1000–CE (including –CE/01A), Trent 1000–D 

(including –D/01 and –D/01A), Trent 1000– 

E (including –E/01 and –E/01A), Trent 1000– 

G (including –G/01 and –G/01A), and Trent 

1000–H (including –H/01 and H/01A) 

turbofan engines. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71, Power plant. 

(e) Unsafe Condition 

This AD was prompted by a report from 

the engine manufacturer indicating that after 

an engine failure, prolonged operation at 

high thrust settings on the remaining engine 

during an extended-operation (ETOPS) 

diversion may result in failure of the 

remaining engine before the diversion can be 

safely completed. We are issuing this AD to 

address unrecoverable thrust loss on both 

engines, which could lead to a forced 

landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Revision of Limitations Chapter in 

Airplane Flight Manual (AFM) 

Within 7 days after the effective date of 

this AD, revise the Certificate Limitations 

chapter of the applicable Boeing AFM Engine 

Appendix by incorporating the information 

in figure 1 to paragraph (g) of this AD. This 

may be accomplished by inserting a copy of 

this AD into the AFM. When information 

identical to that in figure 1 to paragraph (g) 

of this AD has been included in the 

Certificate Limitations chapter of the general 

revisions of the AFM, the general revisions 

may be inserted into the AFM, and the copy 

of this AD may be removed from the AFM. 

Note 1 to paragraph (g) of this AD: The 

Boeing AFM for the aircraft affected by this