[Federal Register: December 8, 2006 (Volume 71, Number 236)] [Rules and Regulations] [Page 71339-71375] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08de06-17] [[Page 71339]] ----------------------------------------------------------------------- Part III Department of Energy ----------------------------------------------------------------------- Office of Energy Efficiency and Renewable Energy ----------------------------------------------------------------------- 10 CFR Parts 430 and 431 Energy Conservation Program: Test Procedures and Technical Amendment to Energy Conservation Standards for Certain Consumer Products and Certain Commercial and Industrial Equipment; Final Rule [[Page 71340]] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy 10 CFR Parts 430 and 431 [Docket No. EE-RM/TP-05-500] RIN 1904-AB53 Energy Conservation Program: Test Procedures for Certain Consumer Products and Certain Commercial and Industrial Equipment; Technical Amendment to Energy Conservation Standards for Certain Consumer Products and Certain Commercial and Industrial Equipment AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Energy Policy Act of 2005 (EPACT 2005) includes amendments to the Energy Policy and Conservation Act (EPCA) to provide for new Federal energy efficiency and water conservation test procedures, and related definitions, for certain consumer products and certain commercial and industrial equipment. The amendments direct the Department of Energy (DOE) to establish new test procedures for many of these products and certain equipment, in most cases EPACT 2005 requires the new test procedures to be ``based on'' certain identified testing practices generally accepted by industry and other government agencies. Today, DOE adopts test procedures for eleven types of products for which EPACT 2005 identified specific test procedures on which the federally-mandated test procedures are to be based. In addition, DOE adopts test procedures for three other products for which EPACT 2005 did not specify specific test procedures, and for which test procedures have not previously been established. Furthermore, DOE is adopting a new version of the current test procedure for small commercial package air-conditioning and heating equipment, which will not change the existing requirements. DOE is also adopting technical corrections to the October 18, 2005, final rule, 70 FR 60407, which DOE described in detail in the July 25, 2006, notice of proposed rulemaking in this proceeding (July 2006 proposed rule), 71 FR 42178, 42195-96. However, DOE is not finalizing the procedures for sampling during compliance testing, and compliance certification and enforcement that were included in the July 2006 proposed rule. Such procedures will be addressed in a subsequent final rule. DATES: Effective Date: This final rule is effective January 8, 2007. The incorporation by reference of certain publications in the final rule is approved by the Director of the Federal Register as of January 8, 2007. FOR FURTHER INFORMATION CONTACT: James Raba, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585- 0121, (202) 586-8654. E-mail: jim.raba@ee.doe.gov. Francine Pinto, U.S. Department of Energy, Office of the General Counsel, GC-72, 1000 SUPPLEMENTARY INFORMATION: The following standards are incorporated by reference: Environmental Protection Agency (EPA), ``ENERGY STAR Testing Facility Guidance Manual: Building a Testing Facility and Performing the Solid State Test Method for ENERGY STAR Qualified Ceiling Fans,'' Version 1.1, December 9, 2002; U.S. Department of Energy (DOE) ``ENERGY STAR Program Requirements for [Compact Fluorescent Lamps] CFLs,'' Version 3.0; Environmental Protection Agency (EPA), ``ENERGY STAR Program Requirements for Residential Light Fixtures,'' Version 4.0; U.S. Department of Energy (DOE) ``ENERGY STAR Program Requirements for [Compact Fluorescent Lamps] CFLs,'' August 9, 2001; Environmental Protection Agency (EPA), ``ENERGY STAR Program Requirements for Dehumidifiers,'' effective January 1, 2001; Air-Conditioning and Refrigeration Institute (ARI) Standard 810-2003, ``Performance Rating of Automatic Commercial Ice-Makers;'' American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air- Conditioning Engineers (ASHRAE) Standard 29-1988 (RA 2005), ``Methods of Testing Automatic Ice Makers;'' American Society for Testing and Materials (ASTM) Standard F2324-03, ``Standard Test Method for Prerinse Spray Valves;'' Environmental Protection Agency (EPA), ``ENERGY STAR Program Requirements for Exit Signs,'' Version 2.0; Environmental Protection Agency (EPA), ``ENERGY STAR Program Requirements for Traffic Signals,'' Version 1.1; Institute for Transportation Engineers (ITE), ``Vehicle Traffic Control Signal Heads: Light Emitting Diode (LED) Circular Signal Supplement,'' June 27, 2005; American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 32.1-2004, ``Methods of Testing for Rating Vending Machines for Bottled, Canned and Other Sealed Beverages;'' American National Standards Institute (ANSI)/ Association of Home Appliance Manufacturers (AHAM) HRF-1-2004, ``Energy, Performance and Capacity of Household Refrigerators, Refrigerator-Freezers and Freezers,'' (Revision of ANSI/AHAM HRF-1- 2002); Air-Conditioning and Refrigeration Institute (ARI) Standard 340/ 360-2004, ``Performance Rating of Commercial and Industrial Unitary Air-Conditioning and Heat Pump Equipment;'' Air-Conditioning and Refrigeration Institute (ARI) Standard 1200-2006, ``Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets;'' American National Standards Institute (ANSI)/Association of Home Appliance Manufacturers (AHAM) HRF-1-2004, (Revision of ANSI/AHAM HRF-1-2002), ``Energy, Performance and Capacity of Household Refrigerators, Refrigerator-Freezers and Freezers;'' Environmental Protection Agency (EPA), ENERGY STAR ``Test Methodology for Determining the Energy Performance of Battery Charging Systems,'' December 2005; and California Energy Commission (CEC) ``Test Method for Calculating the Energy Efficiency of Single-Voltage External Ac-Dc and Ac-Ac Power Supplies,'' August 11, 2004. I. Background II. Summary of Today's Action III. Discussion of Comments and Final Rule--Energy Conservation Test Procedures for Certain Consumer Products and Certain Commercial and Industrial Equipment A. Ceiling Fans 1. Highly Decorative Ceiling Fans 2. Hugger Ceiling Fans 3. Products Manufactured for Export 4. Burden Imposed by Test Procedure B. Ceiling Fan Light Kits 1. Ceiling Fan Light Kits with Medium Screw Base Sockets 2. Ceiling Fan Light Kits with Pin-Based Sockets for Fluorescent Lamps 3. Ceiling Fan Light Kits with Sockets Other than Medium Screw Base or Pin-Based C. Dehumidifiers D. Medium Base Compact Fluorescent Lamps E. Torchieres 1. Definition of a Torchiere 2. Design Standard 3. Enforcement of Design Standard F. Unit Heaters 1. Definitions 2. Automatic Vent Dampers G. Automatic Commercial Ice Makers 1. Test Procedure [[Page 71341]] 2. Additional Product Classes H. Commercial Prerinse Spray Valves 1. Performance Test I. Illuminated Exit Signs J. Traffic Signal Modules and Pedestrian Modules 1. Definitions of Nominal and Maximum Wattage 2. ITE VTCSH Test Procedure Version 3. Pedestrian Modules K. Refrigerated Bottled or Canned Beverage Vending Machines 1. ANSI/AHAM HRF-1-2004 Refrigerated Volume Calculation 2. Voltage L. Commercial Package Air-Conditioning and Heating Equipment M. Commercial Refrigerators, Freezers, Refrigerator-Freezers and Ice-Cream Freezers 1. Use of ARI Standard 1200-2006 Test Procedure for Equipment for which EPCA Prescribes Standards 2. Use of ARI Standard 1200-2006 Test Procedure for which EPACT 2005 Directs DOE to Develop Test Procedures 3. Ice-Cream Freezer Rating Temperature 4. ANSI/AHAM Standard HRF-1 N. Battery Chargers 1. Scope of Coverage 2. Modes of Test, including Active Mode 3. Definitions 4. Test Method O. External Power Supplies 1. Scope of Test Procedure 2. Power Factor 3. Test Method P. General Comments and Final Rule IV. Corrections to the Recent Technical Amendment to DOE's Energy Conservation Standards V. Procedural Requirements 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 the Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration (FEA) Act of 1974 M. Congressional Notification VI. Approval of the Office of the Secretary I. Background The Energy Policy Act of 2005 (EPACT 2005) (Pub. L. 109-58) was enacted on August 8, 2005. Subtitle C of Title I of EPACT 2005 includes provisions that amend part B of Title III of the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291-6309), which provides for an energy conservation program for consumer products other than automobiles, as well as part C of Title III of EPCA (42 U.S.C. 6311- 6317), which provides for a program, similar to that in part B, for certain commercial and industrial equipment. EPACT 2005 prescribes new or amended energy conservation standards and test procedures and directs DOE to undertake rulemakings to promulgate such requirements. On October 18, 2005, DOE issued a final rule that placed into Title 10 of the Code of Federal Regulations (CFR) the energy conservation standards and related definitions that EPACT 2005 prescribed (hereafter referred to as the October 2005 final rule). 70 FR 60407. DOE also announced that it was not exercising the discretionary authority provided in EPACT 2005 for the Secretary of Energy (the Secretary) to revise product or equipment definitions and energy conservation standards set forth in the statute, but that it might exercise this authority later. Id. In the July 2006 proposed rule, DOE proposed test procedures for measuring energy efficiency and water use efficiency and related definitions for various consumer products and commercial and industrial equipment covered by EPACT 2005's amendments to EPCA. Table 1 identifies most \1\ of the products and equipment these amendments cover, and shows the ones for which DOE proposed to adopt test procedures, the sections of EPACT 2005 and EPCA that authorize and require these test procedures, and the sections in the CFR where DOE proposed to place them. --------------------------------------------------------------------------- \1\ EPACT 2005 specified test procedures, standards, and other amendments for a variety of consumer products and commercial equipment. Table 1 includes those products for which EPACT 2005 specified particular test procedures or methods on which the test procedures to be promulgated by DOE were to be based as well as certain products for which EPACT 2005 directed DOE to develop test procedures. Table 1.--Test Procedures and General Requirements--Authority and Placement ---------------------------------------------------------------------------------------------------------------- Product or equipment type EPACT 2005 section EPCA section USC section 10 CFR section ---------------------------------------------------------------------------------------------------------------- Ceiling fans..................... 135(b)(1)......... 323(b)(16)(A)(i).. 42 U.S.C. 430.23(w). 6293(b)(16)(A)(i). Ceiling fan light kits........... 135(b)(1)......... 323(b)(16)(A)(ii). 42 U.S.C. 430.23(x). 6293(b)(16)(A)(ii ). Dehumidifiers.................... 135(b)(1)......... 323(b)(13)........ 42 U.S.C. 430.23(z). 6293(b)(13). Medium base compact fluorescent 135(b)(1)......... 323(b)(12)........ 42 U.S.C. 430.23(y). lamps. 6293(b)(12). Battery chargers................. 135(c)(4)......... 325(u)............ 42 U.S.C. 6295(u). 430.23(aa). External power supplies.......... 135(c)(4)......... 325(u)............ 42 U.S.C. 6295(u). 430.23(bb). Torchieres*...................... 135(c)(4)......... 325(x)............ 42 U.S.C. 6295(x). N/A. Unit heaters**................... 135(c)(4)......... 325(aa)........... 42 U.S.C 6295(aa). Part 431, Subpart N. Automatic commercial ice makers.. 136(f)(1)......... 343(a)(7)(A)...... 42 U.S.C. Part 431, Subpart 6314(a)(7)(A). H. Commercial prerinse spray valves. 135(b)(1)......... 323(b)(14))....... 42 U.S.C. Part 431, Subpart 6293(b)(14). O. Illuminated exit signs........... 135(b)(1)......... 323(b)(9)......... 42 U.S.C. Part 431, Subpart 6293(b)(9). L. Traffic signal modules and 135(b)(1)......... 323(b)(11)........ 42 U.S.C. Part 431, Subpart pedestrian modules. 6293(b)(11). M. Refrigerated bottled or canned 135(b)(1)......... 323(b)(15)........ 42 U.S.C. Part 431, Subpart beverage vending machines. 6293(b)(15). Q. Very large commercial package air- 136(f)(1)......... 343(a)(4)......... 42 U.S.C. Part 431, Subpart conditioning and heating 6314(a)(4). F. equipment. Commercial refrigerators, 136(f)(1)......... 343(a)(6)........ 42 U.S.C Part 431, Subpart freezers, and refrigerator- 6314(a)(6). C. freezers. [[Page 71342]] Ice-cream freezers; commercial 136(f)(1)(B)...... 343(a)(6)(A)(i)... 42 U.S.C. Part 431, Subpart refrigerators, freezers, and 6314(a)(6)(A)(i). C. refrigerator-freezers with a self-contained condensing unit and without doors; and commercial refrigerators, freezers, and refrigerator- freezers with a remote condensing unit. ---------------------------------------------------------------------------------------------------------------- * For torchieres, EPACT 2005 establishes a design standard, which does not require a test procedure. ** DOE is adopting definitions and other general provisions for unit heaters. II. Summary of Today's Action Today's final rule adopts test procedures for various consumer products and commercial and industrial equipment as required by sections 135 and 136 of EPACT 2005. Sections 135 and 136 of EPACT 2005 amended EPCA to require DOE to promulgate certain test procedures or identified certain test methods on which the DOE test procedures are to be based. These sections direct DOE to establish test procedures based on specifications of the Federal ENERGY STAR program and industry consensus standards that the statute identifies.\2\ Each of these ENERGY STAR specifications and industry standards, however, contains not only energy test procedures, but also provisions that are irrelevant in determining the energy use, water use, or efficiency of the products to which they apply. DOE is adopting only those sections of the ENERGY STAR specifications and industry consensus standards that specify test procedures relevant to the measurement of energy efficiency or water consumption. DOE is incorporating these sections by reference into its rules in some cases with clarifying changes or additions that do not alter the substance of the test procedure. DOE is placing the test procedures and related definitions for consumer products in 10 CFR part 430 (``Energy Conservation Program for Consumer Products Other than Automobiles''), and the test procedures and definitions for commercial and industrial equipment in 10 CFR part 431 (``Certain Industrial Equipment''). --------------------------------------------------------------------------- \2\ Section 135(b)(1) of EPACT 2005, for example, directs that the test procedure for refrigerated bottled or canned vending machines ``shall be based on American National Standards Institute/ American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 32.1-2004, entitled `Method of Testing for Rating Vending Machines for Bottled, Canned or Other Sealed Beverages'.'' (42 U.S.C. 6293(b)(15)) --------------------------------------------------------------------------- In addition, DOE recently incorporated the energy conservation standards prescribed by EPACT 2005 into 10 CFR Parts 430 and 431. 70 FR 60407 (October 18, 2005). In the July 2006 proposed rule, DOE identified several provisions of these technical amendments that do not accurately reflect the provisions of EPACT 2005, and discussed the changes and clarifications needed to correct these inaccuracies. 71 FR 42195-96. The technical amendments as discussed in the July 2006 proposed rule are included in today's final rule. 71 FR 42196-97. Finally, today's final rule does not include certification, compliance, and enforcement procedures for the consumer products and commercial and industrial equipment covered by this final rule. As discussed in the July 2006 proposed rule, DOE previously proposed certification, compliance, and enforcement provisions for commercial heating, air-conditioning and water heating products in a notice of proposed rulemaking published on December 13, 1999 (hereafter referred to as the ``December 1999 proposed rule''). 64 FR 659598. That rulemaking is still pending, and DOE recently published a supplemental notice of proposed rulemaking that seeks comment on alternatives to certain aspects of those proposals (hereafter referred to as the April 2006 supplemental notice). 71 FR 25103. The certification, compliance, and enforcement procedures in the July 2006 proposed rule for the EPACT 2005 consumer products and commercial and industrial equipment were modeled after the December 1999 proposed rule and existing requirements for consumer products found in 10 CFR Part 430. In the July 2006 proposed rule and in the April 2006 supplemental notice, DOE discussed how it would decide to publish two final rules or a single final rule with the certification, compliance, and enforcement provisions for consumer products and commercial and industrial equipment. 71 FR 42193. DOE has reviewed the comments on the July 2006 proposed rule and April 2006 supplemental notice and has decided the issues are so interrelated that a single final rule is the more appropriate approach. However, due to the issues raised, DOE believes it would be best to issue the final rule for certification, compliance, and enforcement provisions for consumer products and commercial and industrial equipment in a separate Federal Register notice. Therefore, today's final rule takes no action on any certification, compliance, and enforcement provisions for consumer products and commercial and industrial equipment, including those provisions that were proposed in the July 2006 proposed rule. III. Discussion of Comments and Final Rule--Energy Conservation Test Procedures for Certain Consumer Products and Certain Commercial and Industrial Equipment A. Ceiling Fans Section 135(c)(4) of EPACT 2005 includes an amendment to section 325 of EPCA (42 U.S.C. 6295) to add subsection (v)(1), which includes requirements to develop a test procedure for ceiling fans. Further, amended section 323(b) of EPCA directs DOE to base this test procedure on the ``ENERGY STAR Testing Facility Guidance Manual: Building a Testing Facility and Performing the Solid State Test Method for ENERGY STAR Qualified Ceiling Fans, Version 1.1'' published by the Environmental Protection Agency (EPA). (42 U.S.C. 6293(b)(16)(A)(i)). In the July 2006 proposed rule, DOE proposed to adopt this ENERGY STAR test procedure, along with additional requirements on power measurement and sensors and sensor software used for performing the airflow test. 71 FR 42180-42181, 42203, 42204-42205. As discussed in the July 2006 proposed rule, DOE proposed these additional requirements to ensure the validity of the methods used and because the Guidance Manual is too restrictive in their software requirements. 71 FR 42180. DOE did not receive any comments regarding this proposal. DOE is incorporating by reference into Appendix U to Subpart B of 10 CFR Part 430, the applicable ENERGY STAR test [[Page 71343]] procedure requirements, with the minor modifications described above, and in the July 2006 proposed rule. DOE has determined the test methods in the ENERGY STAR document, as modified, comply with the requirements of section 325(v)(1) of EPCA (42 U.S.C. 6295(v)(1)) and section 323(b)(3) of EPCA (42 U.S.C. 6293(b)(3)).\3\ --------------------------------------------------------------------------- \3\ As outlined and further detailed in the July 2006 proposed rule, test procedures under EPCA for consumer products must be designed to ``measure energy efficiency, energy use, * * * or estimated annual operating cost.'' (42 U.S.C. 6293(b)(3)) --------------------------------------------------------------------------- However, stakeholders did submit comments on the following four issues: (1) A request that DOE define and exempt from the standards highly decorative ceiling fans; (2) a question with regard to whether hugger-type ceiling fans are covered by the test procedure; (3) a question as to whether ceiling fans built for export are covered by the standard; and (4) a comment on the recordkeeping associated with testing ceiling fans. 1. Highly Decorative Ceiling Fans. The American Lighting Association (ALA) and Emerson Electric (Emerson) requested that DOE define and establish highly decorative ceiling fans as an exempted product. (ALA, No. 14 at pp. 5-6, No. 18.8 at p. 67 and No. 97 at pp. 3-4; Emerson, No. 18.8 at pp. 63-64) \4\ ALA suggested a definition of highly decorative ceiling fans based on a fan blade length to width ratio of less than 3:1. (ALA, No. 14 at pp. 5-6, and No. 97 at pp. 3-4) ALA also commented that traditional ceiling fans typically have their highest rotational speeds at more than 200 RPM, and for highly decorative fans, the highest speeds are typically less than 175 RPM. (ALA, No. 97 at pp. 3-4) In this comment, ALA recommended addition to the definition that highly decorative ceiling fans have ``a maximum of 175 RPM at high speed down flow.'' (ALA, No. 97 at p. 4) American Council for an Energy-Efficient Economy (ACEEE) submitted a comment stating that it agrees a definition for ``highly decorative fans'' is needed. (ACEEE, No. 59 at p. 2) However, ACEEE expressed concern over the definition provided by ALA. They believe that ALA's proposed definition is too broad and would expand the highly decorative ceiling fan exemption to products that should be covered by the standard. (ACEEE, No. 59 at p. 2) --------------------------------------------------------------------------- \4\ A notation in the form ``ALA, No. 14 at pp. 5-6'' identifies a written comment the Department has received and has included in the docket of this rulemaking. This particular notation refers to a comment (1) by the American Lighting Association (ALA), (2) in document number 14 in the docket of this rulemaking (maintained in the Resource Room of the Building Technologies Program), and (3) appearing on pages 5 and 6 of document number 14. Likewise, ``Public Meeting Transcript, No. 18.8 at p. 67,'' for example, would refer to page 67 of the transcript of the ``Public Meeting on Test Procedures and Certification, Compliance, and Enforcement Requirements for Consumer Products and Certain Commercial and Industrial Equipment,'' held in Washington, DC, September 26, 2006, which is document number 18.8 in the docket of this rulemaking. --------------------------------------------------------------------------- DOE recognizes that EPCA, as amended by section 135(c)(4) of EPACT 2005, provides that if DOE sets energy conservation standards for ceiling fans, it must consider ``establishing separate or exempted product classes for highly decorative fans for which air movement performance is a secondary design feature.'' (42 U.S.C. 6295(v)(1)) However, today's final rule does not establish standards for ceiling fans beyond the design standards in EPACT 2005. (42 U.S.C. 6295(ff)) Thus, the requirement for DOE to consider whether highly decorative fans should be a separate regulated or exempted product class is not relevant at this time. In the future, should DOE amend the energy conservation standards for ceiling fans, it will address whether to establish a separate or exempted product class for highly decorative ceiling fans. DOE also notes that the provision in EPCA that establishes ceiling fan design standards (section 325(ff) and codified in 10 CFR 430.32(s)(1) by the October 2005 final rule, 70 FR 60409, 60413) does not contain an exemption for highly decorative fans. Specifically, section 325(ff) of EPCA (42 U.S.C. 6295(ff)) requires all ceiling fans to have speed controls separate from lighting controls, adjustable speed controls, and the capability of reversible fan action for most fans. The only exemptions identified in this section apply to the reversible fan action requirement, and are for ``fans sold for industrial applications, outdoor applications, and cases in which safety standards would be violated by use of the reversible mode.'' Section 325(ff) does not provide for separate treatment or exemption of highly decorative ceiling fans under these design standards. Therefore, the design standards apply to highly decorative ceiling fans, unless an exemption specified in section 325(ff) applies. These standards go into effect for ceiling fans manufactured on or after January 1, 2007. 2. Hugger Ceiling Fans. Hunter Fans (Hunter) expressed its view that hugger fans are exempt from DOE's test procedure, (Hunter, No. 18.8 at p. 69), while Pacific Gas and Electric (PG&E) was concerned about such an exemption from DOE's test procedure. (PG&E, No. 18.8 at p. 74) Hugger ceiling fans are typically understood to be ceiling fans that are not suspended from the ceiling; instead, they are set flush to the ceiling. Under section 135(a) of EPACT 2005, EPCA defines ``ceiling fan'' as ``a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades.'' (42 U.S.C. 6291(49)) Since the statutory definition defines ceiling fan as ``suspended from a ceiling'' and a hugger fan is not suspended, a hugger fan is not subject to EPCA requirements (including test procedures) applicable to ceiling fans. 3. Products Manufactured for Export. Hunter asked whether ceiling fans manufactured for export are subject to EPCA requirements. (Hunter, No. 18.8 at p. 71) EPCA does not apply to products manufactured, sold, or held for sale for export from the United States and that when distributed, either bear or are in a container that bears, a ``stamp or label stating that such covered product is intended for export.'' (42 U.S.C. 6300) If such a product is in fact distributed in commerce for use in the United States, the product is subject to EPCA. Id. 4. Burden Imposed by Test Procedure. ALA and Emerson commented on the burden associated with testing and recordkeeping for ceiling fans. (ALA, No. 14 at pp. 6-7 and No. 97 at pp. 4-5; Emerson, No. 18.8 at p. 65) ALA estimates that the costs associated with complying with EPCA for one ALA member is $152,114. (ALA, No. 14 at p. 7) ALA also prepared an estimate of the costs for a ``typical ALA member,'' which totals $142,755. (ALA, No. 97 at p. 5) ALA commented that it is concerned about the burden being imposed on small businesses, and requests that DOE review the impacts. (ALA, No. 14 at p. 7) DOE notes that the EPACT 2005 design standards, as codified in the October 2005 final rule (70 FR 60413), do not require use of a test procedure for the purpose of demonstrating compliance. These requirements, which include separate controls for fan and lights, adjustable speed controls and the capability of reversible action, are design requirements and do not require a test procedure. With regard to the test procedure established today, DOE has yet to establish an accompanying standard. Furthermore, EPCA required DOE to establish a test procedure and to base that test procedure on an existing ENERGY STAR test method (version 1.1). (42 U.S.C. 6293(b)(16)(A)(i)) DOE's actions to propose and adopt this test method are directly in response to the statutory requirements. Any additional burdens that may be imposed through the use of this test procedure are in [[Page 71344]] connection with the statutory requirement. Therefore, DOE does not believe that today's final rule, nor the October 2005 final rule codifying the EPACT 2005 design standards, imposes any testing burden on manufacturers, beyond that resulting from EPCA as established by Congress. DOE notes that on June 21, 2006, the Federal Trade Commission (FTC) published a notice of proposed rulemaking concerning a labeling requirement for ceiling fans. 71 FR 35584. As proposed, the representation of air flow performance of ceiling fans would require the use of DOE's test procedure finalized today. B. Ceiling Fan Light Kits Section 135(c)(4) of EPACT 2005 amended section 325 of EPCA (42 U.S.C. 6295) to add subsection (v)(1), which directs the Secretary to prescribe, by rule, test procedures for ceiling fan light kits. Additionally, section 135(b)(1) of EPACT 2005 amended section 323(b) of EPCA (42 U.S.C. 6293(b)) to add subparagraph (16)(A)(ii), which states that test procedures for ceiling fan light kits ``shall be based on'' the test methods ``referenced in the ENERGY STAR specifications for Residential Light Fixtures and Compact Fluorescent Light Bulbs,'' as in effect on August 8, 2005. In the July 2006 proposed rule, DOE proposed test procedures for three types of ceiling fan light kits: (1) Ceiling fan light kits with medium screw base sockets; (2) ceiling fan light kits with pin-based sockets for fluorescent lamps; and (3) ceiling fan light kits other than those with medium screw base sockets or with pin- based sockets for fluorescent lamps, including candelabra screw base sockets. 71 FR 42180-82, 42205. The classification of ceiling fan light kits in the July 2006 proposed rule is consistent with the classification established in subsection 325(ff) of EPCA. (42 U.S.C. 6295(ff)) Stakeholders provided comment on various aspects of the ceiling fan light kit proposals, which is discussed in the following three sections. 1. Ceiling Fan Light Kits with Medium Screw Base Sockets. Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA (42 U.S.C. 6295) to prescribe standards for certain ceiling fan light kits manufactured on or after January 1, 2007. Specifically, new subsection 325(ff)(2) of EPCA (42 U.S.C. 6295(ff)(2)) provides that ceiling fan light kits with medium screw base sockets must be packaged with screw base lamps to fill all of the sockets, and these lamps must either meet the ``ENERGY STAR Program Requirements for Compact Fluorescent Lamps, version 3.0,'' or use light sources other than CFLs that have at least equivalent efficacy. These standards for ceiling fan light kits with medium screw base sockets were adopted by DOE in the October 18, 2005, rulemaking. 70 FR 60413. In accordance with EPACT 2005, DOE proposed to adopt the test methods in version 3.0 of the ENERGY STAR Program Requirements for CFLs in the July 2006 proposed rule. 71 FR 42181. While DOE proposed to adopt the test methods in version 3.0 for ceiling fan light kits with screw base sockets, DOE also sought stakeholder comment on the uniformity of the test procedures for these light kits with medium base compact fluorescent lamps, for which DOE proposed the August 9, 2001 version of the ENERGY STAR test requirements. 71 FR 42202. Concerning the test method for ceiling fan light kits with medium screw base sockets, the National Electrical Manufacturers Association (NEMA) commented both before and during the public meeting that NEMA recommended DOE adopt its proposed test procedure, the ``ENERGY STAR Program Requirements for [Compact Fluorescent Lamps] CFLs,'' version 3.0. NEMA commented that the ENERGY STAR test procedure version 3.0 is not identical to the August 9, 2001, version, and could yield different results for the same CFL model. (NEMA, No. 9 at p. 1-5; Public Meeting Transcript, No. 18.8 at p. 91) As DOE noted in its July 2006 proposed rule, the August 9, 2001, version of the ENERGY STAR test procedure requires a sample size of five lamps, all tested in the base-up \5\ position, while version 3.0 requires a sample of ten lamps, five of which are tested base-up and five of which are tested base-down. 71 FR 42182. In its final comment to DOE following the public meeting, NEMA changed its recommendation, commenting that it now believes DOE should adopt the August 9, 2001 version of ENERGY STAR, as the preponderance of CFL installations in ceiling fan light kits would be base-up to 45 degrees from base-up and virtually no base-down applications. (NEMA, No. 71 at p. 2) --------------------------------------------------------------------------- \5\ The terms ``base-up'' and ``base-down'' used here refer to the physical orientation of the integral CFL during its performance test. ``Base-up'' means that the CFL is tested essentially upside down, with the screw base and the ballast at the top and the fluorescent tube pointed down. ``Base-down'' is the inverse of that orientation, in which the CFL's screw base and ballast are at the bottom, and the fluorescent tube is at the top. --------------------------------------------------------------------------- Based, in part, on NEMA's earlier comment, DOE has determined that the August 9, 2001, version of the ENERGY STAR requirements would yield different results than version 3.0, as the test setup for the lamps and sample sizes are different. Moreover, version 3.0 encompasses variability in CFL base orientations, whereas version 2.0 only tests performance in one orientation (base up). Thus, it would be difficult for DOE to conclude that its adoption of the August 9, 2001, version would meet the EPCA requirement that the test procedure for ceiling fans be ``based on'' version 3.0. In addition, DOE is not persuaded that the August 9, 2001, version is the better test method to adopt for lamps packed with ceiling fan light kits with medium screw base sockets. Ceiling fan light kits can have socket configurations that would result in CFLs installed in any range of base orientation configurations, including base-up, base-down, horizontal, and degrees- off-horizontal. Ceiling fan light kits produced today may have a preponderance of base-up to 45 degrees from base-up configurations, but this could change over time, with more horizontal orientations due perhaps to CFL lamp size, which for some CFLs can be longer than incandescent medium screw base lamps. Finally, the referenced industry standards in version 3.0 of the ENERGY STAR specifications are more current than the standards referenced in the August 9, 2001 version. In particular, the industry methods referenced for determining the electrical performance of CFLs are all more current in version 3.0. While the most current version may not always be the most appropriate test standard, in this instance, Congress explicitly cited the latest version. For all these reasons, DOE is adopting version 3.0 of the ENERGY STAR requirements, as it had proposed in the July 2005 notice, rather than the August 9, 2001 version. 2. Ceiling Fan Light Kits with Pin-Based Sockets for Fluorescent Lamps. Subsection 325(ff)(3) of EPCA (42 U.S.C. 6295(ff)(3)) requires that ceiling fan light kits that have pin-based sockets for fluorescent lamps manufactured on, or after, January 1, 2007, must be packaged with lamps to fill all of the sockets, and that these lamps must meet the ``ENERGY STAR Program Requirements for Residential Light Fixtures, version 4.0.'' These standards for ceiling fan light kits with pin- based sockets for fluorescent lamps were adopted by DOE in the October 18, 2005 rulemaking. 70 FR 60413. Concerning the test procedure for ceiling fan light kits with pin- based sockets for fluorescent lamps, DOE proposed to incorporate by reference the test methods in the ``ENERGY STAR Program Requirements for Residential Light Fixtures,'' version 4.0 to measure [[Page 71345]] the efficacy of pin-based fluorescent lamps that are packaged with ceiling fan light kits. 71 FR 42181. DOE did not receive any comments on this proposal, and therefore is incorporating the test methods from the ``ENERGY STAR Program Requirements for Residential Light Fixtures,'' version 4.0 in today's final rule. Philips submitted a comment requiring clarification on the requirement for ceiling fan light kits with pin-based sockets for fluorescent lamps. Philips asked whether an integrally-ballasted CFL with a GU24 pin-base would be subject to the same requirements as a ceiling fan light kit with pin-based socket for fluorescent lamps, if these lamps were packaged with a ceiling fan light kit having GU24 sockets. (Philips, No. 18.8 at p. 93; Philips, No. 19 at p. 1) DOE understands that GU24 is a base type that has large pins that lock into a GU24 socket. The GU24 socket is a line-voltage socket and is capable of accommodating different types of lamps, including incandescent. Since the lamp identified by Philips has pins in its base, and is a fluorescent lamp, Philips sought clarification on whether this lamp would be treated as a pin-based fluorescent lamp, and thus be subject to the requirements of the ``ENERGY STAR Program Requirements for Residential Light Fixtures,'' version 4.0, under the EPCA standards for ceiling fan light kits with pin-based sockets for fluorescent lamps. (42 U.S.C. 6295(ff)(3)) Section 325(ff)(2)-(4) of EPCA classifies ceiling fan light kits by socket type only, not by the lamp-type inserted into those sockets. (42 U.S.C. 6295(ff)(2)-(4)) The socket types fall into three categories: Medium screw base, pin-based for fluorescent lamps, and all other sockets that are not medium screw base or pin-based for fluorescent lamps. Id. The socket type classified as pin-based for fluorescent lamps has been uniformly understood to refer to sockets which (1) receive (and operate) fluorescent lamps that lack an integral ballast and (2) transmit voltage, received through a ballast, to such lamps at levels considerably higher than the line voltage. The product Philips identified with GU24-based lamp is a fluorescent lamp that has pins in its base. Due to the fact that this lamp is integrally ballasted, the sockets for this lamp type operate at line voltage and such sockets are not uniquely associated with fluorescent lamps. DOE does not consider them to be ``pin-based sockets for fluorescent lamps.'' (42 U.S.C. 6295(ff)(3)) Rather, DOE considers any ceiling fan light kit with GU24 sockets as the third group of ceiling fan light kits, specifically, those with sockets that are not medium screw base or pin-based for fluorescent lamps. (42 U.S.C. 6295(ff)(4)) Manufacturers could use the GU24 base-type for lamp technologies other than fluorescent technologies. For example, DOE recently learned that a manufacturer is launching a new product that incorporates a ballast and light-emitting diodes (LED) into a reflector lamp that has a GU24 base. While this new LED lamp may indeed be highly efficient and qualify for the standards imposed by EPACT 2005 on pin-based for fluorescent lamps, it clearly is not a fluorescent lamp. In the July 2006 proposed rule, DOE proposed a definition of pin- based as follows: ``Pin-based means a fluorescent lamp with a plug-in lamp base, including multi-tube, multibend, spiral, and circline types.'' 71 FR 42181, 42203. DOE intended that this definition reflect the well understood meaning of ``pin-based'' as a plug-in base, and not a screw base, for a CFL that was not integrally ballasted. In response to the question from Philips, DOE now recognizes that there could be some ambiguity in this definition, and has therefore inserted the clarifying phrase, ``that is not integrally ballasted,'' to the definition of ``pin-based.'' DOE has also made some clarifying editorial changes to this definition to make clear that it describes the base of a lamp, not the lamp itself, and that it also applies to the sockets that receive pin-based fluorescent lamps. Thus, in today's final rule, the definition, which will appear in 10 CFR 430.2, reads: ``Pin-based means (1) the base of a fluorescent lamp, that is not integrally ballasted and that has a plug-in lamp base, including multi- tube, multibend, spiral, and circline types, or (2) a socket that holds such a lamp.'' 3. Ceiling Fan Light Kits with Sockets Other than Medium Screw Base or Pin-Based. For this group of products, section 135(c)(4) of EPACT 2005 amends section 325 of EPCA (42 U.S.C. 6295) by adding new subsection (ff)(4), which directs DOE to ``consider and issue requirements'' for any ceiling fan light kits other than those with medium screw base or pin-based sockets, ``including candelabra screw base sockets.'' For these light kits, EPACT 2005 has two default requirements: (1) They shall not be capable of operating with lamps that total more than 190 watts; and (2) they shall include lamps whose total wattage does not exceed 190 watts. (42 U.S.C. 6295(ff)(4)(c)) If the Secretary does not issue a final rule establishing requirements for these ceiling fan light kits by January 1, 2007, the default requirements described above will become law. Id. DOE will not be publishing requirements for these light kits by the statutory deadline. Therefore, the statutory requirements, that ceiling fan light kits not be capable of consuming more than 190 watts and that they include such lamps, will become effective for this category of ceiling fan light kits manufactured after January 1, 2009, as specified by EPCA. Id. DOE is not requiring a test procedure for the wattage limitation, but instead is requiring that the total wattage of the lamps packaged with a ceiling fan light kit not exceed 190 watts. A manufacturer would simply ensure that there are sufficient lamps packaged with the ceiling fan light kit to fill any and all sockets in the fixture and the total wattage of those lamps would not exceed 190 watts. In the July 2006 proposed rule, DOE asked for stakeholder comment on whether the ``capable of operating'' requirement should be considered an energy conservation standard (requiring a test procedure) or a design standard (not requiring a test procedure). 71 FR 42181-2. DOE also stated in the July 2006 proposed rule that if DOE considered the 190-watt limitation as a design requirement, manufacturers of these ceiling fan light kits would be required to incorporate some measure such as a fuse, circuit breaker or current-limiting device to ensure the light kit was not capable of operating with a lamp or lamps totaling more than 190 watts. 71 FR 42181. DOE received comments from several stakeholders as to whether the statutory standard is a design requirement or an energy conservation standard. Hunter and the American Lighting Association (ALA) both commented that DOE should interpret the statutory requirement of ``not [being] capable of operating with lamps [totaling] more than 190 watts'' as a design requirement. (Hunter, No. 3 at p. 1; Hunter, No. 18.8 at pp. 82-83; ALA, No. 97 at p. 5) ALA commented that there are various ways you can control a device to consume not more than 190 watts, including fuses and circuit breakers. These devices have UL and CSA standards already in place for them, which would make it relatively straightforward to meet the 190-watt power limit. (ALA, No. 18.8 at pp. 83-84 and No. 97 at p. 5) ALA provided a detailed cost estimate of the impacts on a typical ALA member should DOE interpret this as an energy conservation standard. (ALA, No. 97 at pp. 6-7) ACEEE commented that it would consider the inclusion of a wattage-limiting device or fuse/ circuit breaker as [[Page 71346]] adequate, provided the device has been tested to show that more than 190 watts cannot be used. (ACEEE, No. 59 at p. 2) Furthermore, ACEEE recommends that the requirements for the 190-watt provision be the same between this category of ceiling fan light kits and torchieres. (ACEEE, No. 59 at p. 2) DOE considered these comments, and is interpreting the 190-watt limit on power consumption for certain ceiling fan light kits as a design requirement (similar to the features required by section 135(c)(4) of EPACT 2005 for ceiling fans). This approach, consistent with DOE's treatment of a similar provision for torchieres, will require that manufacturers incorporate some measure such as a fuse, circuit breaker or current-limiting device to ensure the light kit is not capable of operating with a lamp or lamps totaling more than 190 watts. Thus, today's final rule does not establish a test procedure, but instead DOE anticipates requiring that manufacturers report to DOE on the feature or features that have been incorporated into the ceiling fan light kit (e.g., circuit breaker, fuse, or other current-limiting device) to ensure they would not draw more than 190 watts of power once certification and enforcement provisions are adopted for these products. ALA provided six examples of ceiling fans and ceiling fan light kits that it requested DOE's clarification on how the 190-watt limitation should be applied. (ALA, No. 97 at p. 6) These six examples focus on the application of the 190-watt limitation and do not include the mandatory performance requirements for ceiling fan light kits with medium screw base sockets or pin-based sockets for fluorescent lamps. These examples also do not address the mandatory packaging requirements associated with ceiling fan light kits, which are clearly laid out in EPACT 2005. These six examples of ceiling fans and ceiling fan light kits that ALA outlined in their comments and DOE's responses are as follows: For ceiling fans with integrated lighting that are incapable of ``attachable'' ceiling fan light kit installation, a 190-watt limiting device will be supplied with the fan to control the integrated lighting. DOE determined that supplying the 190-watt limiting device with the fan to ensure that the integrated lighting not exceed the 190-watt limitation for ceiling fans with integrated lighting that are incapable of ``attachable'' ceiling fan light kit installation complies with this wattage limitation. This wattage limitation would not apply to ceiling fans with integrated light kits having medium screw base sockets or pin-based sockets for fluorescent lamps. For ceiling fans with integrated lighting that are capable of ``attachable'' ceiling fan light kit installation, a 190-watt limiting device will be supplied to control the integrated lighting. DOE determined that the 190-watt limitation applies to the integrated lighting and/or any other attachable ceiling fan light kit that could be installed on the ceiling fan for ceiling fans with integrated lighting that are capable of ``attachable'' ceiling fan light kit installation. Again, this wattage limitation would not apply to ceiling fans with integrated light kits having medium screw base sockets or pin-based sockets for fluorescent lamps. For ceiling fans with pin base fluorescent lamps, a 190-watt limiting device will not be supplied with the fan. DOE determined that ceiling fans that incorporate an integral light kit with pin-based sockets for fluorescent lamps would not have to include a 190-watt limiting device because the lamps are subject to requirements for ceiling fan light kits with pin-based sockets for fluorescent lamps. For ceiling fans without integrated lighting, a 190-watt limiting device will not be supplied with the fan. DOE determined that the 190-watt limiting device does not need to be supplied with a ceiling fan sold without integrated lighting because there is no light kit packaged with the ceiling fan. However, any ceiling fan light kits sold directly to consumers for installation on a ceiling fan without integrated lighting would be subject to the ceiling fan light kit standards established for medium screw base sockets, pin- based sockets for fluorescent lamps or any other socket type. For ``attachable'' ceiling fan light kits with medium screw base sockets or pin-based sockets for fluorescent lamps, a 190-watt limiting device will not be supplied with the light kit. (ENERGY STAR approved medium screw base CFL's and pin-based fluorescent lamps are supplied with the light kit) DOE determined that a 190-watt limiting device would not be required for ``attachable'' ceiling fan light kits with medium screw base sockets or pin-based sockets for fluorescent lamps because these two types of light kits would be subject to the requirements for ceiling fan light kits with medium screw base sockets and pin-based sockets for fluorescent lamps. For ``attachable'' ceiling fan light kits with other than medium base or pin-based sockets for fluorescent lamps, a 190-watt limiting device will be supplied with the light kit. DOE also determined that ``attachable'' ceiling fan light kits with sockets other than medium screw base or pin-based for fluorescent lamps would be required to be supplied with a 190-watt limiting device. These ``attachable'' ceiling fan light kits are required to meet the mandatory standards, as outlined in EPACT 2005. Litex Industries submitted a comment recommending that DOE eliminate the requirement to use a circuit breaker or similar limiting mechanisms for these ceiling fan light kits, and instead have a design requirement that manufacturers cannot have more than three candelabra sockets in a ceiling fan light kit. (Litex, No. 103 at pp. 1-2) Litex asserts that it would be impossible for consumers to install wattages in excess of 190 watts, as candelabra lamps are only rated up to 60 watts each. (Litex, No. 103 at p. 2) In addition, Litex recommends that DOE eliminate the need to package candelabra base lamps with the ceiling fan light kit because consumers could obtain the lamps more cheaply from existing suppliers. (Litex, No. 103 at p. 2) DOE appreciates this comment from Litex, but is not able to accommodate either recommendation. Concerning the design requirement, this category of sockets other than medium screw base and pin base for fluorescent lamps includes ceiling fan light kits with all other socket types, not just candelabra. Thus, EPCA applies to several base types simultaneously, some of which do have lamps rated higher than 60 watts. On the issue of eliminating the requirement to package the ceiling fan light kits with lamps, section 325(ff)(4)(C) of EPCA (42 U.S.C. 6295(ff)(4)(C) states that these ceiling fan light kits manufactured after January 1, 2009, ``(ii) shall include the lamps described in clause (i) in the ceiling fan lighting kits.'' Litex's recommendation is contrary to the requirements of EPCA, and therefore can not be adopted. Hunter fan asked for clarification as to whether ceiling fan ``up- lighting/accent lighting'' would be included in the 190-watt limitation for these ceiling fan light kits. (Hunter, No. 3 at p. 1) DOE is unclear as to what Hunter means by ``up-lighting'' in the context of ceiling fan light kits. EPCA expressly subjects ceiling fan light kits with sockets other than medium screw base and pin-based [[Page 71347]] for fluorescent lamps to the wattage limitation requirement. It is conceivable that some ceiling fan light kit designs could provide ``up- lighting'' if the lamps installed in the ceiling fan light kit are directed upward. Thus, these ceiling fan light kits would be subject to the 190-watt limitation. However, DOE does not consider ceiling fan accent lighting that is not a significant light source to be part of the 190-watt limitation. DOE has made this determination for several reasons. First, pursuant to section 135(a)(3) of EPACT 2005, EPCA defines a ceiling fan light kit, in part, as equipment ``designed to provide light.'' (42 U.S.C. 6291(50)) The purpose of accent lighting is not to provide direct light; instead, it is commonly used for decorative purposes. As such, accent lighting is not covered by EPCA. Second, this application of the standard is clearly consistent with EPCA's treatment of ceiling fan light kits with medium-screw base sockets and those with pin-based sockets for fluorescent lamps. For these two types of ceiling fan light kits, section 325(ff) of EPCA clearly regulates only lamps inserted into screw base or pin-based sockets, and not any accent lights otherwise incorporated into the fan. (42 U.S.C. 6295(ff)(2)-(3)) Third, as with the treatment of torchieres in today's final rule, DOE is concerned with addressing energy consumption by light sources that are aligned with the primary purpose of the ceiling fan light kit. For ceiling fan light kits, the general illumination provided by the light kit is its principal function, and thus should be subject to the 190- watt limitation. Other ancillary lighting, such as accent lighting serves primarily an aesthetic purpose and is therefore not part of the general illumination function of the ceiling fan light kit. C. Dehumidifiers Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 U.S.C. 6293(b)) to add subsection (b)(13) for dehumidifiers. New subsection 323(b)(13) (42 U.S.C. 6293(b)(13)) directs the Secretary to prescribe test procedures for dehumidifiers based on the test criteria in the ``ENERGY STAR Program Requirements for Dehumidifiers,'' as in effect on August 8, 2005. The July 2006 proposed rule proposed to incorporate by reference into 10 CFR Part 430 the test criteria contained in the ``ENERGY STAR Program Requirements for Dehumidifiers,'' as in effect on August 8, 2005. The ENERGY STAR requirements went into effect on January 1, 2001, and reference the American National Standards Institute (ANSI)/Association of Home Appliance Manufacturers (AHAM) Standard DH-1-2003, ``Dehumidifiers,'' for energy consumption measurements during capacity-rating tests and CAN/CSA Standard C749-1994, ``Performance of Dehumidifiers,'' for energy factor calculations. 71 FR 42182, 42203, and 42206. DOE received one comment on this issue. AHAM commented that they agreed with the proposal as the test procedure for dehumidifiers. (Public Meeting Transcript, No. 18.8 at p. 23) DOE is incorporating by reference into Appendix X of 10 CFR Part 430, the definitions, tolerances, and testing procedures in the ``ENERGY STAR Program Requirements for Dehumidifiers,'' January 1, 2001 without any modifications. DOE believes this test procedure provides a sound means for determining compliance with the standards in section 325(cc) of EPCA, (42 U.S.C. 6295(cc)), and satisfies the requirements of section 323(b)(3) of EPCA. (42 U.S.C. 6293(b)(3)) D. Medium Base Compact Fluorescent Lamps Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 U.S.C. 6293(b)) to add subsections (b)(12)(A) through (C), for ``medium base'' compact fluorescent lamps (CFLs). (These CFLs are also commonly referred to as ``screw base'' CFLs.) Subsection 323(b)(12)(A) of EPCA requires test procedures for medium base CFLs to be based on the August 9, 2001, version of the ENERGY STAR program requirements for CFLs (version 2.0), which became effective October 1, 2001. (42 U.S.C. 6293(b)(12)(A)) In the July 2006 proposed rule, DOE discussed whether it should adopt the more recent version of the CFL ENERGY STAR program requirements (version 3.0) which became effective January 1, 2004, or the version directed by EPCA, version 2.0. 71 FR 42182. Although DOE proposed to adopt version 2.0, the August 9, 2001 version, in the proposed rule, DOE considered adopting version 3.0 because: (1) It was the current version of the CFL ENERGY STAR test procedure; (2) version 3.0 was required in a different part of the EPACT 2005 that established standards for CFLs packaged with ceiling fan light kits; and (3) DOE believes version 3.0 would result in the same measure of energy efficacy. 71 FR 42205. DOE received several comments in response to the July 2006 proposal to adopt the August 9, 2001 version of the ``ENERGY STAR Program Requirements for CFLs'' as the test procedure for medium base compact fluorescent lamps. NEMA opposes DOE adopting version 3.0 of the CFL ENERGY STAR program requirements for testing CFLs generally, and recommended that DOE adopt version 2.0, as directed by EPCA. (NEMA, No. 18.8 at pp. 86-91; NEMA No. 9 at pp. 2-6) NEMA provided detailed reasons for its position. NEMA states that these are two separate testing regimens, intended for different products in different applications. The test method itself is different (e.g., version 2.0 tests five lamps base-up while version 3.0 tests ten lamps, five base- up and five base-down), and would therefore yield different lumen per watt and lamp maintenance results. (NEMA, No. 9 at pp. 2-3) NEMA also commented that EPACT 2005 incorporated the August 9, 2001, ENERGY STAR program requirements (version 2.0) to provide a minimum floor for CFLs in the general lighting market, and intentionally adopted the different requirements in version 3.0 for CFLs shipped with ceiling fan light kits. (NEMA No. 9, at pp. 4-5) ALA commented that it agrees with NEMA that the appropriate test procedure for medium base CFLs is version 2.0. (ALA, No. 97 at p. 3) ACEEE disagreed with the viewpoint of NEMA and ALA, commenting that the ENERGY STAR version 3.0 test is more accurate since it includes both base-up and base-down testing. (ACEEE No. 59 at p. 3) Upon consideration of these comments, DOE agrees that the test method in version 3.0 could result in a different measure of energy efficiency than the method in version 2.0, and DOE recognizes that the standards set by EPACT 2005 for CFLs are based on the August 9, 2001, version of the ENERGY STAR program requirements for CFLs (version 2.0). Therefore, DOE is adopting version 2.0 (August 9, 2001) of the ENERGY STAR program requirements as the test method for CFLs generally. DOE believes this test procedure provides the testing setup and methods for determining compliance with the standards in section 325(cc) of EPCA, as amended (42 U.S.C. 6295(cc)), and it satisfies the requirements of section 323(b)(3) of EPCA. (42 U.S.C. 6293(b)(3)) DOE notes that in section 135(c) of EPACT 2005, which amended section 325 of EPCA to add subsection (bb), the statute established energy conservation standards for medium base CFLs. In that subsection, DOE was directed to adopt the minimum initial efficacy, lumen maintenance, rapid cycle stress test and lamp life requirements prescribed in version 2.0 (August 9, 2001) of the ENERGY STAR program requirement for CFLs. DOE codified these standards in [[Page 71348]] the October 2005 final rule. 70 FR 60413. E. Torchieres Section 135(a) of EPACT 2005 included an amendment to EPCA that defined a ``torchiere'' as ``a portable electric lamp with a reflector bowl that directs light upward to give indirect illumination.'' (42 U.S.C. 6291(42)) DOE codified that definition in the October 2005 final rule. 70 FR 60412. EPACT 2005 also amended section 325 of EPCA to establish an energy conservation standard for torchieres that they (1) consume not more than 190 watts of power and (2) shall not be capable of operating with lamps that total more than 190 watts. (42 U.S.C. 6295(x)) This standard, which took effect for torchieres manufactured on or after January 1, 2006, was also codified in the October 2005 final rule. 70 FR 60413. In the July 2006 proposed rule, DOE outlined two possible approaches to addressing this energy conservation standard. 71 FR 42183. Since EPACT 2005 neither prescribes nor directs DOE to develop a test procedure for torchieres, DOE's choice of approach will determine whether or not a test procedure is required for torchieres. One approach identified in the July 2006 proposed rule would be for DOE to interpret the statutory requirement of ``not be capable of operating with lamps that total more than 190 watts'' as a design requirement. Under this interpretation, DOE would not require a test procedure. The alternative approach identified in the July 2006 proposed rule would be for DOE to adopt a test procedure that would measure the power consumption of a torchiere. DOE sought stakeholder comment on these two possible approaches to addressing the energy conservation standard. 71 FR 42202. Three issues were raised by stakeholders in this rulemaking proceeding that pertain to torchieres. First, stakeholders sought clarity on how DOE interprets the definition of a torchiere, as codified at 10 CFR 430.2. Second, stakeholders commented on the two approaches to interpreting EPCA, namely, whether the requirement is a design or energy conservation standard. Associated with this, stakeholders also requested input from DOE on the use of certain types of UL-listed devices (i.e., current-limiting devices) as design options to demonstrate compliance with the standard. And third, stakeholders asked if DOE had any discretion on how and when it might enforce the standard on torchieres, to allow sufficient time for manufacturers to incorporate current-limiting devices into torchiere product lines. 1. Definition of a Torchiere. Several stakeholders commented that, for fixtures that provide both indirect lighting through a reflector bowl as well as other lighting, DOE should consider only the reflector bowl portion of the fixture as subject to the 190-watt energy consumption limitation. (ALA, No. 14 at p. 2, No. 18.8 at p. 96, and No. 97 at p. 2; Progress Lighting, No. 96 at p. 1; Holtkotter, No. 92 at p. 1; Pacific Coast Lighting, No. 91 at p. 1; Lite Source, No. 99 at p. 1) In other words, these stakeholders were asserting that any accent lighting, down-lights or other auxiliary energy-using features incorporated into the fixture would not be considered part of the 190- watt energy consumption limitation. PG&E and ACEEE disagreed with this interpretation. PG&E stated that the 190-watt limitation, which is the California standard for torchieres, applies to any auxiliary lighting features as well the reflector bowl. (PG&E, No. 18.8 at p. 106) ACEEE also disagreed, commenting that a narrower interpretation that excluded task and decorative lighting from the 190-watt limitation would not be appropriate and is beyond DOE's authority. (ACEEE, No. 59 at p. 2) DOE considered these comments and determined that the EPCA provisions for torchieres mean that the 190-watt limitation applies to the energy consumed to produce light emanating from the reflector bowl, and not to any other direct light or light from other design features. DOE reached this conclusion based on the fact that the EPCA definition for torchiere focuses on its distinctive characteristic of having a reflector bowl directing light upwards. A lighting fixture that includes a torchiere and has one or more task lights that provide direct illumination offers additional consumer utility that is only available in certain consumer product models. Therefore, in today's final rule, DOE interprets the mandatory 190-watt limitation for torchieres as a design standard, which is applicable only to the reflector bowl portion of the torchiere fixture. For those torchieres that do incorporate task lighting or other design features into the torchiere fixture, those