Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4587 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health, 

and safety effects; distributive impacts; 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866; and 

therefore, has not been reviewed by the 

Office of Management and Budget 

(OMB). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have a retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies unless they 

present an irreconcilable conflict with 

this rule. 

Regulatory Flexibility Analysis 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (5 

U.S.C. 601–612), AMS has considered 

the economic impact of the action on 

small entities. Accordingly, AMS has 

prepared this Regulatory Flexibility 

Analysis (RFA). 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be unduly 

or disproportionately burdened. The 

Small Business Administration’s 

definition (13 CFR 121.201) of small 

agricultural service firms, which 

includes dairy processors, varies based 

on the type of dairy product 

manufactured. Small butter 

manufacturers processors are defined as 

having 750 or fewer employees. 

Seventeen (17) plants producing grade 

label butter in the U.S. participate in the 

Grade Label Program. According to 

AMS calculations, about twelve (12), or 

approximately two-thirds, are operated 

by dairy farmer cooperatives, while the 

remaining five (5) are independently 

owned. AMS estimates that six (6) of the 

seventeen (17) participating butter 

processors would be considered small 

businesses. 

AMS has determined that 

establishment of this proposal will not 

have a significant economic impact on 

small entities. The Dairy Program 

Grading and Inspection Program is a 

voluntary program. Small businesses 

have the option to participate. The 

change will not unduly or 

disproportionately burden small butter 

processing entities. It will reduce costs 

to small businesses by providing an 

alternative to a redundant butterfat test 

currently performed by USDA. AMS 

expects most or all plants to choose a 

review of records. AMS estimates the 

cost to plants for meeting USDA 

butterfat testing requirements ranges 

from $5,000 to $32,000 annually. The 

significant cost difference depends on 

whether the plant has an approved 

onsite laboratory or must ship samples 

to an outside AMS laboratory, and the 

frequency of butterfat samples 

submitted for testing. 

The change will add a review of 

records of butterfat tests that 

manufacturers currently conduct in the 

normal course of business to ensure 

quality and compliance with 

composition standards as an alternative 

to a USDA-inspector test. The plants 

will be charged for the inspectors’ time 

to conduct the records review, estimated 

to take four hours annually. At an 

hourly rate of $110, a records review 

will cost the plant approximately $440. 

This results in annual net saving to 

plants ranging from $4,560 to $31,560. 

Program provisions will be applied 

uniformly to both large and small 

businesses and is not expected to 

burden small entities unduly or 

disproportionately. 

Executive Order 13175 

This rule has been reviewed under 

E.O. 13175—Consultation and 

Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have Tribal implications. 

AMS has determined that this rule is 

unlikely to have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

List of Subjects in 7 CFR Part 58 

Dairy product, Food grades and 

standards, Food labeling, Reporting and 

recordkeeping requirements. 

For reasons set forth in the preamble, 

the Agricultural Marketing Service 

amends 7 CFR part 58 as follows: 

PART 58—GRADING AND 

INSPECTION, GENERAL 

SPECIFICATIONS FOR APPROVED 

PLANTS AND STANDARDS FOR 

GRADES OF DAIRY PRODUCTS 

■ 1. The authority for part 58 continues 

to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 2. Amend § 58.148 by adding 

paragraph (h) to read as follows: 

§ 58.148 Plant records. 

* * * * * 

(h) Butterfat test records. Retain for 12 

months. 

■ 3. Amend § 58.336 by revising 

paragraphs (a) and (b) to read as follows: 

§ 58.336 Frequency of sampling for quality 

control of cream, butter and related 

products. 

(a) Microbiological. Samples shall be 

taken from churnings or batches and 

should be taken as often as is necessary 

to ensure microbiological control. 

(b) Sampling and testing.—(1) 

Composition. Sampling and testing for 

product composition shall be made on 

churns or batches as often as is 

necessary to ensure adequate 

composition control. For in-plant 

control, the Kohman or modified 

Kohman test may be used. 

(2) Sampling. Butterfat sampling may 

be performed as part of an in-plant 

quality program. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2025–00760 Filed 1–15–25; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 204 

[CIS No. 2800–25; DHS Docket No. USCIS– 

2006–0010] 

RIN 1615–AB50 

Eligibility of Arriving Aliens in Removal 

Proceedings To Apply for Adjustment 

of Status and Jurisdiction To 

Adjudicate Applications for 

Adjustment of Status; Correction 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS) 

ACTION: Interim final rule; correcting 

amendments. 

SUMMARY: On May 12, 2006, the 

Department of Homeland Security 

(DHS) and the Department of Justice 

(DOJ) published an interim final rule 

titled ‘‘Eligibility of Arriving Aliens in 

Removal Proceedings To Apply for 

Adjustment of Status and Jurisdiction 

To Adjudicate Applications for 

Adjustment of Status’’ The rule 

amended DHS and DOJ regulations 

governing applications for adjustment of 


ddrumheller on DSK120RN23PROD with RULES1
4588 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

1See 71 FR 27585 (May 12, 2006) (2006 interim 

final rule). 

2See id. at 27591. 

3See 8 CFR 204.2(a)(1)(iii) (2024). 

4See INA sec. 204(g), 8 U.S.C. 1154(g). 

5See INA sec. 245(e), 8 U.S.C. 1255(e). 

6See 71 FR at 27591. 

7See 5 U.S.C. 553(b). 

8See 5 U.S.C. 553(d)(3). 

9See 5 U.S.C. 553(b)(B), (d)(3). 

status filed by paroled ‘‘arriving aliens’’ 

seeking to become lawful permanent 

residents and removed certain 

provisions. In that rule, DHS removed a 

paragraph from its regulations and 

redesignated the paragraph that 

followed to close the gap. DHS 

inadvertently failed to make a 

conforming amendment to a related 

regulatory provision to reflect the 

redesignation. This document describes 

the oversight and corrects the CFR. This 

action makes no substantive changes. 

DATES: Effective on January 16, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Samantha Deshommes, Chief, 

Regulatory Coordination Division, 

Office of Policy and Strategy, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 5900 

Capital Gateway Drive, Camp Springs, 

MD 20746; telephone 240–721–3000 

(this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On May 12, 2006, DHS and DOJ 

published an interim final rule, with a 

request for comments, in the Federal 

Register titled ‘‘Eligibility of Arriving 

Aliens in Removal Proceedings To 

Apply for Adjustment of Status and 

Jurisdiction To Adjudicate Applications 

for Adjustment of Status.’’ 1 The 2006 

interim final rule amended DHS and 

DOJ regulations governing applications 

for adjustment of status filed by paroled 

‘‘arriving aliens’’ seeking to become 

lawful permanent residents. As part of 

the rulemaking, DHS and DOJ amended 

their respective regulations. Among 

other changes, DHS removed then 

paragraph (c)(8) of 8 CFR 245.1 and 

redesignated then paragraph (c)(9) as 

paragraph (c)(8) to close the gap.2 DHS 

did not substantively amend then 

paragraph (c)(9). DHS merely shifted 

that provision to paragraph (c)(8) after 

DHS removed paragraph (c)(8)’s content. 

Accordingly, 8 CFR 245.1(c)(8) now 

contains the same content that was 

previously in paragraph (c)(9), and 

paragraph (c)(9) no longer exists. 

DHS, however, inadvertently failed to 

make conforming changes to a separate 

provision of DHS’s regulations, 8 CFR 

204.2(a)(1)(iii), which continues to 

reference 8 CFR 245.1(c)(9). 

Specifically, the second sentence of 8 

CFR 204.2(a)(1)(iii) refers to 8 CFR 

245.1(c)(9) and 245.1(c)(9)(iii)(F).3 DHS 

should have amended the references in 

this sentence to refer to paragraphs 

(c)(8) and (c)(8)(iii)(F) respectively. This 

document now corrects this oversight in 

the CFR to ensure that 8 CFR 

204.2(a)(1)(iii) correctly cross-references 

8 CFR 245.1(c)(8). 

DHS is not substantively changing 8 

CFR 204.2(a)(1)(iii) and 245.1(c)(8). 

Those long-standing provisions codify 

and implement certain statutory 

requirements that generally prohibit 

USCIS from approving certain visa 

petitions 4 or applications for 

adjustment of status 5 based on a 

marriage that occurred during 

exclusion, deportation, or removal 

proceedings, or related judicial 

proceedings. Prior to the 2006 interim 

final rule, then 8 CFR 245.1(c)(9) 

implemented the statutory prohibition 

for adjustment of status applications. 

Similarly, 8 CFR 204.2(a)(1)(iii) 

implements the prohibition for certain 

visa petitions. DHS did not either 

substantively or non-substantively 

revise the content of 8 CFR 245.1(c)(9), 

related to adjustment of status based on 

marriages during exclusion, deportation, 

or removal proceedings, or related 

judicial proceedings, when DHS 

redesignated that paragraph as 8 CFR 

245.1(c)(8) in 2006.6 Similarly, this 

correction document is not 

substantively amending the content in 8 

CFR 204.2(a)(1)(iii) related to visa 

petitions based on such marriages, or 

making any edits to 8 CFR 245.1(c)(8). 

Rather, DHS is merely amending 8 CFR 

204.2(a)(1)(iii) to correctly crossreference the provisions of 8 CFR 

245.1(c)(8) to reflect DHS’s 

redesignation of that paragraph in the 

2006 interim final rule. 

Administrative Procedure Act 

Section 553(b) of the Administrative 

Procedure Act (APA) generally requires 

agencies to publish a notice of proposed 

rulemaking in the Federal Register to 

provide a period for public comment 

before the provisions of a rule take 

effect.7 In addition, section 553(d) of the 

APA requires agencies to delay the 

effective date of final rules by a 

minimum of 30 days after the date of 

their publication in the Federal 

Register.8 An agency may bypass noticeand-comment rulemaking and a delayed 

effective date when the agency ‘‘for 

good cause finds . . . that notice and 

public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 9

DHS believes there is good cause for 

publishing this correction document 

without prior notice and opportunity for 

public comment and with an effective 

date of less than 30 days because DHS 

finds that such procedures are 

unnecessary. As explained above, this 

document corrects an oversight in the 

regulatory text and does not make 

substantive changes to the policies that 

were adopted in the 2006 interim final 

rule or any other rule, including those 

reflected in 8 CFR 204.2(a)(1)(iii) and 8 

CFR 245.1(c)(8) that generally prohibit 

USCIS from approving certain visa 

petitions and applications for 

adjustment of status based on a marriage 

that occurred during exclusion, 

deportation, or removal proceedings, or 

related judicial proceedings subject to 

certain exemptions. This document 

merely corrects a cross-reference in 8 

CFR 204.2(a)(1)(iii) to ensure that it 

accurately reflects that DHS 

redesignated then 8 CFR 245.1(c)(9) as 

8 CFR 245.1(c)(8) in the 2006 interim 

final rule, which was itself a nonsubstantive change. Therefore, DHS 

believes that it has good cause to waive 

the notice and comment and effective 

date requirements of section 553 of the 

APA. 

List of Subjects in 8 CFR Part 204 

Administrative practice and 

procedure, Adoption and foster care, 

Immigration, Reporting and 

recordkeeping requirements. 

Accordingly, for the reasons set forth 

in the preamble, 8 CFR part 204 is 

amended as follows: 

PART 204—IMMIGRANT PETITIONS 

■ 1. The authority citation for part 204 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1151, 

1153, 1154, 1182, 1184, 1186a, 1255, 1324a, 

1641; 8 CFR part 2. 

■ 2. Amend § 204.2 by revising the 

second sentence of paragraph (a)(1)(iii) 

to read as follows: 

§ 204.2 Petitions for relatives, widows and 

widowers, and abused spouses and 

children. 

(a) * * * 

(1) * * * 

(iii) * * * Determination of 

commencement and termination of 

proceedings and exemptions shall be in 

accordance with § 245.1(c)(8) of this 

chapter, except that the burden in visa 

petition proceedings to establish 

eligibility for the exemption in 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4589 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020), which 

reflect the last statutory amendments that impact 

Parts A and A–1 of EPCA. 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

§ 245.1(c)(8)(iii)(F) of this chapter shall 

rest with the petitioner. 

* * * * * 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs, U.S. Department of Homeland 

Security. 

[FR Doc. 2025–01031 Filed 1–15–25; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2024–BT–TP–0010] 

RIN 1904–AB99 

Energy Conservation Program: Test 

Procedure for General Service Lamps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is adopting 

clarifications to the test procedures for 

general service lamps (‘‘GSLs’’) located 

in appendix W, appendix BB and 

appendix DD. Specifically, DOE is 

clarifying instructions that GSLs must 

not be tested as colored lamps and that 

lamps with additional components that 

do not affect light output must be turned 

off during testing. The clarifications also 

specify that non-integrated lamps be 

tested with a fluorescent lamp ballast, 

high intensity discharge (‘‘HID’’) lamp 

ballast or external light-emitting diode 

(‘‘LED’’) driver selected based on 

compatibility lists and availability; and 

provide specifications regarding the 

starting method, ballast factor, and 

number of lamps. This rulemaking is 

limited in scope and is providing 

clarifications to the current test 

procedures that are required for 

certification of compliance with existing 

applicable GSL energy conservation 

standards. Further, this rulemaking does 

not satisfy the Energy Policy and 

Conservation Act (‘‘EPCA’’) requirement 

that, at least once every 7 years, DOE 

review the test procedures for GSLs. 

DATES: The effective date of this rule is 

February 18, 2025. The amendments 

will be mandatory for product testing 

starting July 15, 2025. The incorporation 

by reference of certain material listed in 

the rule was approved by the Director of 

the Federal Register as of November 21, 

2016. 

ADDRESSES: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as those 

containing information that is exempt 

from public disclosure. 

A link to the docket web page can be 

found at www.regulations.gov/docket/ 

EERE-2024-BT-TP-0010. The docket 

web page contains instructions on how 

to access all documents, including 

public comments, in the docket. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Jordan Wilkerson, 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) 287–1445. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Kiana Daw, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–4798. Email: 

kiana.daw@hq.doe.gov. 

Table of Contents 

I. Authority and Background 

A. Authority 

B. Background 

II. Synopsis of the Final Rule 

III. Discussion 

A. Scope of Applicability 

B. Clarifications to Appendix W, Appendix 

BB, and Appendix DD 

1. Lamps With Multiple Modes 

2. Lamps With Non-Illumination 

Components 

3. Non-Integrated Lamps 

C. Test Procedure Costs 

D. Effective and Compliance Dates 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866, 

13563, and 14094 

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. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

N. Description of Materials Incorporated by 

Reference 

V. Approval of the Office of the Secretary 

I. Authority and Background 

GSLs are included in the list of 

‘‘covered products’’ for which the DOE 

is authorized to establish and amend 

energy conservation standards and test 

procedures. (42 U.S.C. 6291(30)(BB); 42 

U.S.C. 6291(30)(DD); 42 U.S.C. 

6295(i)(6)) GSLs include but are not 

limited to general service incandescent 

lamps (‘‘GSILs’’), incandescent reflector 

lamps (‘‘IRLs’’), compact fluorescent 

lamps (‘‘CFLs’’), and integrated LED 

lamps. DOE’s test procedure for GSILs 

and IRLs are set forth at 10 CFR part 

430, subpart B, appendix R (‘‘appendix 

R’’). DOE’s test procedure for CFLs is set 

forth at 10 CFR part 430, subpart B, 

appendix W (‘‘appendix W’’). DOE’s test 

procedure for integrated LED lamps is 

set forth at 10 CFR part 430, subpart B, 

appendix BB (‘‘appendix BB’’). DOE’s 

test procedure for GSLs that are not 

GSILs, IRLs, CFLs, or integrated LED 

lamps is set forth at 10 CFR part 430, 

subpart B, appendix DD (‘‘appendix 

DD’’). The following sections discuss 

DOE’s authority to establish and amend 

test procedures for GSLs and relevant 

background information regarding 

DOE’s consideration of test procedures 

for this product. 

A. Authority 

The Energy Policy and Conservation 

Act, Public Law 94–163, as amended 

(‘‘EPCA’’),1 authorizes DOE to regulate 

the energy efficiency of a number of 

consumer products and certain 

industrial equipment. (42 U.S.C. 6291– 

6317, as codified) Title III, Part B of 

EPCA 2 established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles, 

which sets forth a variety of provisions 

designed to improve energy efficiency. 

These products include GSLs, the 

subject of this document. (42 U.S.C. 

6295(6)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) testing, (2) labeling, (3) Federal 

energy conservation standards, and (4) 

certification and enforcement 

procedures. Relevant provisions of 

EPCA specifically include definitions 

(42 U.S.C. 6291), test procedures (42 

U.S.C. 6293), labeling provisions (42 


ddrumheller on DSK120RN23PROD with RULES1