Energy Conservation Program: Availability of the Preliminary Technical Support Document for General Service Fluorescent Lamps and Incandescent Reflector Lamps, 13563-13566 [2013-04711]
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
(3) A State agency shall provide a toll
free 24 hour hotline number for EBT
cardholder assistance.
(cc) National universal product codes
(UPC) database. The national UPC
database is to be used by all State
agencies operating a WIC EBT food
delivery system. Each WIC State agency
shall submit a copy of its current
authorized product list (APL) for
inclusion in the national UPC database
prior to the APL becoming effective or
making it available to its authorized
vendors.
Dated: February 4, 2013.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2013–04216 Filed 2–27–13; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–STD–0006]
RIN 1904–AC43
Energy Conservation Program:
Availability of the Preliminary
Technical Support Document for
General Service Fluorescent Lamps
and Incandescent Reflector Lamps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of preliminary technical
support document.
AGENCY:
The U.S. Department of
Energy (DOE) will hold a public meeting
to discuss and receive comments on: the
product classes that DOE plans to
analyze for purposes of amending
energy conservation standards for
general service fluorescent lamps
(GSFLs) and incandescent reflector
lamps (IRLs); the analytical framework,
models, and tools that DOE is using to
evaluate standards for GSFLs and IRLs;
the results of preliminary analyses DOE
performed for these products; and
potential energy conservation standard
levels derived from these analyses that
DOE could consider for GSFLs and IRLs.
DOE encourages written comments on
these subjects. To inform interested
parties and facilitate this process, DOE
has prepared an agenda, a preliminary
technical support document (TSD), and
briefing materials, which are available
on regulations.gov, docket number
EERE–2011–BT–STD–0006 at
www.regulations.gov/
#!docketDetail;D=EERE–2011–BT–STD–
0006.
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SUMMARY:
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DOE will hold a public meeting
on April 9, 2013 from 9 a.m. to 4 p.m.,
in Washington, DC. The meeting will
also be broadcast as a webinar. See
section IV Public Participation for
webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants.
DOE will accept comments, data, and
information regarding this notice before
and after the public meeting, but no
later than April 15, 2013. See section IV
Public Participation for details.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089 1000
Independence Avenue SW.,
Washington, DC 20585. To attend,
please notify Ms. Brenda Edwards at
(202) 586–2945. Please note that foreign
nationals visiting DOE Headquarters are
subject to advance security screening
procedures. Any foreign national
wishing to participate in the meeting
should advise DOE as soon as possible
by contacting Ms. Edwards to initiate
the necessary procedures. Please also
note that those wishing to bring laptops
into the Forrestal Building will be
required to obtain a property pass.
Visitors should avoid bringing laptops,
or allow an extra 45 minutes. Persons
can attend the public meeting via
webinar. For more information, refer to
the Public Participation section near the
end of this notice.
Any comments submitted must
identify the notice of public meeting for
Energy Conservation Standards for
General Service Fluorescent Lamps and
Incandescent Reflector Lamps, and
provide docket number EE–2011–BT–
STD–0006 and/or regulatory
information number (RIN) 1904–AC43.
Comments may be submitted using any
of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: GSFL–IRL_2011–STD–
0006@ee.doe.gov. Include the docket
number and/or RIN in the subject line
of the message.
3. Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC, 20585–0121. If
possible, please submit all items on a
CD. It is not necessary to include
printed copies.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC, 20024. Telephone:
(202) 586–2945. If possible, please
DATES:
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submit all items on a CD, in which case
it is not necessary to include printed
copies.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to Office of
Energy Efficiency and Renewable
Energy through the methods listed
above and by email to
Christine_J._Kymn@omb.eop.gov.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section IV of this document (Public
Participation).
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices,
framework documents, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. 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
information that is exempt from public
disclosure.
The docket for this notice can be
found on the regulations.gov site, docket
number EERE–2011–BT–STD–0006 at
www.regulations.gov/
#!docketDetail;D=EERE–2011–BT–STD–
0006. The regulations.gov web page
contains instructions on how to access
all documents, including public
comments, in the docket. See section IV
for further information on how to
submit comments through
www.regulations.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the public meeting, contact Ms.
Brenda Edwards at (202) 586–2945 or by
email: brenda.edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, 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.
Telephone: (202) 287–1604 Email:
lucy.debutts@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC, 20585–0121.
Telephone: (202) 586–7796. Email:
elizabeth.kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
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II. Rulemakings for General Service
Fluorescent Lamps and Incandescent
Reflector Lamps
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses
A. Engineering Analysis
B. Energy-Use Analysis
C. Product Price Determination
D. Life-Cycle Cost and Payback Period
Analyses
E. National Impact Analysis
IV. Public Participation
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I. Statutory Authority
Title III of the Energy Policy and
Conservation Act (EPCA; 42 U.S.C. 6291
et seq.) sets forth a variety of provisions
designed to improve energy efficiency.
Part B of Title III (42 U.S.C. 6291–6309)
established the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles,’’ which includes the
fluorescent and incandescent reflector
lamps (IRLs) that are the focus of this
preliminary analysis.1 2 In particular,
EPCA establishes energy conservation
standards for certain classes of general
service fluorescent lamps (GSFLs) and
IRLs, and requires that the U.S.
Department of Energy (DOE) (1) conduct
two rulemaking cycles to determine
whether these standards should be
amended; and (2) determine whether
the standards in effect for GSFLs should
be amended to apply to additional
GSFLs. (42 U.S.C. 6291(1), 6295(i)(1)
and (3)-(5)) On July 14, 2009, DOE
published a final rule in the Federal
Register, which completed the first
rulemaking cycle to amend energy
conservation standards for GSFLs and
IRLs (hereafter the ‘‘2009 Lamps Rule’’).
74 FR 34080. This rulemaking
constitutes DOE’s second cycle of
review to determine whether the
standards in effect for GSFLs and IRLs
should be amended. In this rulemaking,
DOE will also consider whether the
standards should be applicable to
additional GSFLs.
DOE must design any energy
conservation standards for GSFLs and
IRLs to (1) achieve the maximum
improvement in energy efficiency that is
technologically feasible and
economically justified, and (2) result in
significant conservation of energy. (42
U.S.C. 6295(o)(2)(A) and (o)(3)) To
determine whether a proposed standard
is economically justified, DOE must
determine whether the benefits of the
standard exceed its burdens by, to the
1 Part B was re-designated Part A on codification
in the U.S. Code for editorial reasons.
2 All references to EPCA in this document refer
to the statute as amended through the American
Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112–210 (Dec. 18, 2012).
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greatest extent practicable, considering
the following seven factors:
1. The economic impact of the
standard on manufacturers and
consumers of products subject to the
standard;
2. The savings in operating costs
throughout the estimated average life of
the covered products in the type (or
class) compared to any increase in the
price, initial charges, or maintenance
expenses for the covered products
which are likely to result from the
imposition of the standard;
3. The total projected amount of
energy savings likely to result directly
from the imposition of the standard;
4. Any lessening of the utility or the
performance of the covered products
likely to result from the imposition of
the standard;
5. The impact of any lessening of
competition, as determined in writing
by the Attorney General, that is likely to
result from the imposition of the
standard;
6. The need for national energy
conservation; and
7. Other factors the Secretary [of
Energy] considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i))
DOE also adheres to additional
statutory requirements of general
applicability for prescribing new or
amended standards set forth in other
relevant sections of EPCA.
II. Rulemakings for General Service
Fluorescent Lamps and Incandescent
Reflector Lamps
A. Background
As mentioned in the previous section,
EPCA, as amended, established energy
conservation standards for certain
classes of GSFLs and IRLs, and required
DOE to conduct two rulemaking cycles
to determine whether these standards
should be amended. (42 U.S.C. 6291(1),
6295(i)(1) and (3)–(4)) EPCA also
authorized DOE to adopt standards for
additional GSFLs if such standards were
warranted. (42 U.S.C. 6295(i)(5)).
DOE completed the first cycle of
amendments by publishing a final rule
in the Federal Register in July 2009. 74
FR 34080 (July 14, 2009). In the 2009
Lamps Rule, DOE amended existing
GSFL and IRL energy conservation
standards and adopted standards for
additional GSFLs. DOE also amended
the regulatory definitions of ‘‘colored
fluorescent lamp’’ and ‘‘rated wattage’’
and adopted test procedures applicable
to the newly covered GSFLs.3
3 Information regarding the 2009 Lamps Rule can
be found on DOE’s Building and Technologies Web
pages for IRLs (https://www1.eere.energy.gov/
buildings/appliance_standards/product.aspx/
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To initiate the second rulemaking
cycle to consider amended energy
conservation standards for GSFLs and
IRLs, on September 14, 2011, DOE
published a notice announcing the
availability of the framework document,
‘‘Energy Conservation Standards
Rulemaking Framework Document for
General Service Fluorescent Lamps and
Incandescent Reflector Lamps,’’ and a
public meeting to discuss the proposed
analytical framework for the
rulemaking. 76 FR 56678. In the
framework document, which DOE also
posted on its Web site, DOE described
the procedural and analytical
approaches DOE anticipated using to
evaluate the establishment of energy
conservation standards for GSFLs and
IRLs.
DOE held the public meeting for the
framework document on October 4,
2011,4 to describe the various
rulemaking analyses DOE would
conduct, such as the engineering
analysis, the life-cycle cost (LCC) and
payback period (PBP) analyses, and the
national impact analysis (NIA); the
methods for conducting them; and the
relationship among the various
analyses. Manufacturers, trade
associations, and environmental
advocates attended the meeting. The
participants discussed multiple issues,
including unknown impacts of the 2009
Lamps Rule, technology shifts, and rare
earth phosphors.
DOE has also taken steps to consider
standards for certain reflector (R),
elliptical reflector (ER), and bulged
reflector (BR) IRLs. Additional
background can be found at 75 FR
23191 (May 3, 2010). DOE has
suspended these rulemaking activities,
however, as a result of section 315 of
Public Law 112–74 (Dec. 23, 2011),
which prohibits DOE from using
appropriated funds to implement or
enforce standards for these IRLs. DOE
does not examine any IRLs covered by
the prohibition (which has currently
been extended through March 27, 2013),
including bulged parabolic reflector
IRLs, in this preliminary analysis.
B. Current Rulemaking Process
In this preliminary analysis, DOE
considers whether and at what level(s)
to promulgate energy conservation
standards for GSFLs and IRLs.
Comments received since publication of
productid/58) and GSFLs (https://
www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/productid/70).
4 The framework document and public meeting
information are available at regulations.gov, docket
number EERE–2011–BT–STD–0006 at
www.regulations.gov/#!docketDetail;D=EERE-2011BT-STD-0006.
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
the framework document have helped
DOE identify and resolve issues
involved in the preliminary analyses.
Chapter 2 of the preliminary technical
support document (TSD) summarizes
and addresses the comments DOE
received.
The process for developing energy
conservation standards involves input
from the public. DOE considers the
participation of interested parties to be
a very important part of the rulemaking
process. Accordingly, DOE encourages
the participation of all interested parties
during the comment period provided at
each stage of the rulemaking.
In conducting energy conservation
standards rulemakings, DOE involves
interested parties through various
means. This standards rulemaking
process for GSFLs and IRLs involves
four public notices, published in the
Federal Register, and three public
meetings (including the public notice
and meeting associated with the
framework document previously
mentioned).
The preliminary analysis allows for
public comment on the data, models,
and tools that DOE expects to use in the
rulemaking. These data, as discussed in
section III.A, include product classes
and candidate standard levels (CSLs),
which span the range of efficacies from
baseline lamps 5 to the most efficacious
technology. DOE requests comment and
will hold a public meeting and webinar
related to the preliminary analyses on
the day specified in the DATES section.
After the preliminary analysis public
meeting, DOE will determine whether to
publish a notice of proposed rulemaking
(NOPR). Any NOPR would present
discussion of the comments received on
the preliminary analysis, along with
DOE’s analysis of the impacts of
potential standards on consumers,
manufacturers, and the nation; DOE’s
weighting of these impacts; and the
proposed standard levels, for public
comment.
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III. Summary of the Analyses
DOE conducted in-depth technical
analyses in the following areas for
GSFLs and IRLs currently under
consideration: (1) Engineering, (2)
energy-use characterization, (3) product
price determination, (4) LCC and PBP,
and (5) national impact. The
preliminary TSD presents the
methodology and results of each
analysis. The analyses are described in
more detail in the following sections.
5 DOE selected baseline lamps for each
representative product class. Generally, a baseline
lamp is one that represents the most common, least
efficacious lamp sold within a product class.
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DOE conducted several other analyses
that either support the five major
analyses or are preliminary analyses
that will be expanded in the NOPR.
These include the market and
technology assessment; the screening
analysis, which contributes to the
engineering analysis; and the shipments
analysis, which contributes to the NIA.
DOE has also begun work on the
manufacturer impact analysis and
identified the methods to be used for the
LCC subgroup analysis, the emissions
analysis, the employment analysis, the
regulatory impact analysis, and the
utility impact analysis.
A. Engineering Analysis
For this GSFL and IRL rulemaking,
DOE derives efficacy levels in the
engineering analysis and lamp end-user
prices in the product price
determination (see section III.C). DOE
estimates the end-user price of GSFLs
and IRLs directly because it is difficult
to disassemble and reverse-engineer the
lamps. The outputs of the engineering
analysis and product price
determination are used to develop costefficiency relationships.
The engineering analysis focuses on
selecting commercially available lamps
that incorporate design options that
improve efficacy. The engineering
analysis identifies both the highest
efficacy level that is technologically
feasible within each product class and
the representative baseline models,
which serve as reference points against
which DOE can measure changes
resulting from potential energy
conservation standards. After
identifying more efficacious substitutes
for each baseline model, DOE develops
CSLs. Chapters 2 and 5 of the
preliminary TSD discuss the
engineering analysis, and chapters 2 and
7 and appendix 7A of the preliminary
TSD discuss the product price
determination.
B. Energy-Use Analysis
The purpose of the energy-use
analysis is to estimate the energy usage
for the baseline and higher efficacy
lamps considered in this rulemaking.
This analysis, which is meant to
represent typical energy usage in the
field, is an input to both the LCC and
PBP analyses and the NIA. The energyuse analysis enables DOE to determine
the LCC and the PBP of more efficacious
lamps in relation to the baseline lamp.
Chapters 2 and 6 of the preliminary TSD
provide detail on the energy-use
characterization.
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C. Product Price Determination
As mentioned in section III.A, DOE
often develops cost-efficiency
relationships in the engineering
analysis. However, for this rulemaking,
DOE estimated the end-user price of
GSFLs and IRLs directly. DOE selected
this methodology because it is difficult
to reverse-engineer GSFLs and IRLs,
which are not easily disassembled.
Chapters 2 and 7 of the preliminary TSD
provide detail on the estimation of enduser prices.
D. Life-Cycle Cost and Payback Period
Analyses
The LCC and PBP analyses determine
the economic impact of potential
standards on individual customers. The
LCC of a product is the cost it incurs
over its lifetime, taking into account
both purchase price and operating
expenses. The PBP represents the time
it takes to recover the additional
installed cost of the more efficacious
products through annual operating-cost
savings. DOE analyzes the net effect on
consumers by calculating the LCC and
PBP using the engineering performance
data (section III.A), the energy-use
analysis data (section III.B), and the
product price determination (section
III.C). Chapters 2 and 8 of the
preliminary TSD provide detail on the
LCC and PBP analyses.
E. National Impact Analysis
The NIA estimates the national energy
savings (NES) and the net present value
(NPV) of total consumer costs and
savings expected to result from
amended standards at specific CSLs.
DOE calculates NES and NPV for each
CSL for GSFLs and IRLs as the
difference between a base case
projection (without new standards) and
the standards-case projection (with
standards). DOE calculates national
energy use for each year beginning with
the expected compliance date of the
standards, estimating national
electricity use for the base case and each
potential standard level analyzed. To
calculate energy use, product stock in a
given year is multiplied by annual
energy use. DOE calculates the national
NPV of the consumer savings resulting
from energy conservation standards in
conjunction with the NES. It calculates
annual energy expenditures from annual
energy use by incorporating projected
energy prices and installed stock in each
year. DOE calculates annual product
expenditures by multiplying the price
per lamp by the projected shipments.
The difference between a base case and
a standards-case scenario gives the
national energy bill savings and
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increased product expenditure in
dollars. Chapters 2 and 10 of the
preliminary TSD provide more detail on
the NIA.
IV. Public Participation
DOE consulted with interested parties
on all of the analyses and invites further
input on these topics. The preliminary
analytical results are subject to revision
following review and input from the
public. A revised TSD will be made
available upon issuance of a NOPR. Any
final rule will contain the final analysis
results and be accompanied by a final
rule TSD.
At the preliminary analysis public
meeting, the Department will make a
presentation, invite discussion on the
rulemaking process as it applies to the
covered products, and solicit comments,
data, and information from participants
and other interested parties. Participants
can also attend the public meeting via
webinar. Registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
available through the following Web
page: https://www1.eere.energy.gov/
buildings/appliance_standards/public_
meetings_and_comment_deadline.html.
Participants are responsible for ensuring
their computer systems are compatible
with the webinar software. The
Department encourages those who wish
to participate in the public meeting to
obtain the preliminary TSD and to be
prepared to discuss its contents.
However, public meeting participants
need not limit their comments to the
topics identified in the TSD. DOE is also
interested in receiving information on
other relevant issues that participants
believe would affect energy
conservation standards for these
products or that DOE should address in
the NOPR.
DOE welcomes all interested parties,
regardless of whether they participate in
the public meeting, to submit comments
and information in writing by the day
listed in the DATES section.
The public meeting and associated
webinar will be conducted in an
informal, conference style. A court
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs, prices, market
shares, or other commercial matters
regulated by U.S. antitrust laws.
After considering all comments and
additional information it receives from
interested parties or through further
analyses, DOE will consider whether to
propose standard levels in a NOPR. Any
NOPR would be published in the
Federal Register and include proposed
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energy conservation standards for the
products covered by the rulemaking.
Members of the public will again have
an opportunity to submit written and
oral comments on any proposed
standards.
Issued in Washington, DC, on February 20,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–04711 Filed 2–27–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE–2010–BT–STD–0043]
RIN 1904–AC36
Energy Conservation Program for
High-Intensity Discharge Lamps:
Public Meeting and Availability of the
Interim Technical Support Document
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of interim technical support
document.
AGENCY:
The U.S. Department of
Energy (DOE) will hold a public meeting
to discuss and receive comments on the
interim analysis it has conducted for
purposes of establishing energy
conservation standards for highintensity discharge (HID) lamps. The
meeting will cover the analytical
framework, models, and tools that DOE
is using to evaluate standards for this
equipment; the results of interim
analyses performed by DOE for this
equipment; the potential energy
conservation standard levels derived
from these analyses that DOE could
consider for this equipment; and any
other issues relevant to the development
of energy conservation standards for
HID lamps. In addition, DOE encourages
written comments on these subjects. To
inform interested parties and facilitate
this process, DOE has prepared an
agenda, an interim technical support
document (TSD), and briefing materials,
which are available on the DOE Web
site at: https://www1.eere.energy.gov/
buildings/appliance_standards/
rulemaking.aspx/ruleid/23.
DATES: DOE will hold a public meeting
on April 2, 2013, from 9:00 a.m. to 4:00
p.m., in Washington, DC. Additionally,
DOE plans to allow for participation in
the public meeting via webinar. DOE
will accept comments, data, and other
SUMMARY:
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information regarding this rulemaking
before or after the public meeting, but
no later than April 19, 2013. See section
IV, ‘‘Public Participation,’’ of this notice
of public meeting (NOPM) for details.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures
which require advance notice prior to
attendance at the public meeting. If a
foreign national wishes to participate in
the public meeting, please inform DOE
of this fact as soon as possible by
contacting Ms. Brenda Edwards at (202)
586–2945 so that the necessary
procedures can be completed. DOE
requires visitors to have laptops and
other devices, such as tablets, checked
upon entry into the building. Please
report to the visitor’s desk to have
devices checked before proceeding
through security.
Interested parties may submit
comments, identified by docket number
EERE–2010–BT–STD–0043 and/or
Regulation Identifier Number (RIN)
1904–AC36, by any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: HIDLamps-2010–STD–
0043@ee.doe.gov. Include the docket
number EERE–2010–BT–STD–0043
and/or RIN 1904–AC36 in the subject
line of the message.
• Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Interim Analysis for High-Intensity
Discharge Lamps, EERE–2010–BT–STD–
0043 and/or RIN 1904–AC36, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
[Please note that comments and CDs
sent by mail are often delayed and may
be damaged by mail screening
processes.]
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices,
framework documents, public meeting
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28FEP1
Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13563-13566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04711]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-STD-0006]
RIN 1904-AC43
Energy Conservation Program: Availability of the Preliminary
Technical Support Document for General Service Fluorescent Lamps and
Incandescent Reflector Lamps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of preliminary
technical support document.
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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on: the product classes that DOE plans
to analyze for purposes of amending energy conservation standards for
general service fluorescent lamps (GSFLs) and incandescent reflector
lamps (IRLs); the analytical framework, models, and tools that DOE is
using to evaluate standards for GSFLs and IRLs; the results of
preliminary analyses DOE performed for these products; and potential
energy conservation standard levels derived from these analyses that
DOE could consider for GSFLs and IRLs. DOE encourages written comments
on these subjects. To inform interested parties and facilitate this
process, DOE has prepared an agenda, a preliminary technical support
document (TSD), and briefing materials, which are available on
regulations.gov, docket number EERE-2011-BT-STD-0006 at
www.regulations.gov/#!docketDetail;D=EERE-2011-BT-STD-0006.
DATES: DOE will hold a public meeting on April 9, 2013 from 9 a.m. to 4
p.m., in Washington, DC. The meeting will also be broadcast as a
webinar. See section IV Public Participation for webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants.
DOE will accept comments, data, and information regarding this
notice before and after the public meeting, but no later than April 15,
2013. See section IV Public Participation for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089 1000 Independence Avenue SW.,
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at
(202) 586-2945. Please note that foreign nationals visiting DOE
Headquarters are subject to advance security screening procedures. Any
foreign national wishing to participate in the meeting should advise
DOE as soon as possible by contacting Ms. Edwards to initiate the
necessary procedures. Please also note that those wishing to bring
laptops into the Forrestal Building will be required to obtain a
property pass. Visitors should avoid bringing laptops, or allow an
extra 45 minutes. Persons can attend the public meeting via webinar.
For more information, refer to the Public Participation section near
the end of this notice.
Any comments submitted must identify the notice of public meeting
for Energy Conservation Standards for General Service Fluorescent Lamps
and Incandescent Reflector Lamps, and provide docket number EE-2011-BT-
STD-0006 and/or regulatory information number (RIN) 1904-AC43. Comments
may be submitted using any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: GSFL-IRL_2011-STD-0006@ee.doe.gov. Include the docket
number and/or RIN in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC, 20585-0121. If possible, please submit all items on a
CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC, 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to Office of Energy Efficiency and
Renewable Energy through the methods listed above and by email to
Christine_J._Kymn@omb.eop.gov.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV of this document
(Public Participation).
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. 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 information that is exempt
from public disclosure.
The docket for this notice can be found on the regulations.gov
site, docket number EERE-2011-BT-STD-0006 at www.regulations.gov/#!docketDetail;D=EERE-2011-BT-STD-0006. The regulations.gov web page
contains instructions on how to access all documents, including public
comments, in the docket. See section IV for further information on how
to submit comments through www.regulations.gov.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
brenda.edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, 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. Telephone: (202) 287-1604 Email:
lucy.debutts@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC,
20585-0121. Telephone: (202) 586-7796. Email:
elizabeth.kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
[[Page 13564]]
II. Rulemakings for General Service Fluorescent Lamps and
Incandescent Reflector Lamps
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses
A. Engineering Analysis
B. Energy-Use Analysis
C. Product Price Determination
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
IV. Public Participation
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (EPCA; 42
U.S.C. 6291 et seq.) sets forth a variety of provisions designed to
improve energy efficiency. Part B of Title III (42 U.S.C. 6291-6309)
established the ``Energy Conservation Program for Consumer Products
Other Than Automobiles,'' which includes the fluorescent and
incandescent reflector lamps (IRLs) that are the focus of this
preliminary analysis.\1\ \2\ In particular, EPCA establishes energy
conservation standards for certain classes of general service
fluorescent lamps (GSFLs) and IRLs, and requires that the U.S.
Department of Energy (DOE) (1) conduct two rulemaking cycles to
determine whether these standards should be amended; and (2) determine
whether the standards in effect for GSFLs should be amended to apply to
additional GSFLs. (42 U.S.C. 6291(1), 6295(i)(1) and (3)-(5)) On July
14, 2009, DOE published a final rule in the Federal Register, which
completed the first rulemaking cycle to amend energy conservation
standards for GSFLs and IRLs (hereafter the ``2009 Lamps Rule''). 74 FR
34080. This rulemaking constitutes DOE's second cycle of review to
determine whether the standards in effect for GSFLs and IRLs should be
amended. In this rulemaking, DOE will also consider whether the
standards should be applicable to additional GSFLs.
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\1\ Part B was re-designated Part A on codification in the U.S.
Code for editorial reasons.
\2\ All references to EPCA in this document refer to the statute
as amended through the American Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
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DOE must design any energy conservation standards for GSFLs and
IRLs to (1) achieve the maximum improvement in energy efficiency that
is technologically feasible and economically justified, and (2) result
in significant conservation of energy. (42 U.S.C. 6295(o)(2)(A) and
(o)(3)) To determine whether a proposed standard is economically
justified, DOE must determine whether the benefits of the standard
exceed its burdens by, to the greatest extent practicable, considering
the following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of products subject to the standard;
2. The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered products which are likely to result from the imposition of the
standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of the standard;
5. The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
imposition of the standard;
6. The need for national energy conservation; and
7. Other factors the Secretary [of Energy] considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i))
DOE also adheres to additional statutory requirements of general
applicability for prescribing new or amended standards set forth in
other relevant sections of EPCA.
II. Rulemakings for General Service Fluorescent Lamps and Incandescent
Reflector Lamps
A. Background
As mentioned in the previous section, EPCA, as amended, established
energy conservation standards for certain classes of GSFLs and IRLs,
and required DOE to conduct two rulemaking cycles to determine whether
these standards should be amended. (42 U.S.C. 6291(1), 6295(i)(1) and
(3)-(4)) EPCA also authorized DOE to adopt standards for additional
GSFLs if such standards were warranted. (42 U.S.C. 6295(i)(5)).
DOE completed the first cycle of amendments by publishing a final
rule in the Federal Register in July 2009. 74 FR 34080 (July 14, 2009).
In the 2009 Lamps Rule, DOE amended existing GSFL and IRL energy
conservation standards and adopted standards for additional GSFLs. DOE
also amended the regulatory definitions of ``colored fluorescent lamp''
and ``rated wattage'' and adopted test procedures applicable to the
newly covered GSFLs.\3\
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\3\ Information regarding the 2009 Lamps Rule can be found on
DOE's Building and Technologies Web pages for IRLs (https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/58) and GSFLs (https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/70).
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To initiate the second rulemaking cycle to consider amended energy
conservation standards for GSFLs and IRLs, on September 14, 2011, DOE
published a notice announcing the availability of the framework
document, ``Energy Conservation Standards Rulemaking Framework Document
for General Service Fluorescent Lamps and Incandescent Reflector
Lamps,'' and a public meeting to discuss the proposed analytical
framework for the rulemaking. 76 FR 56678. In the framework document,
which DOE also posted on its Web site, DOE described the procedural and
analytical approaches DOE anticipated using to evaluate the
establishment of energy conservation standards for GSFLs and IRLs.
DOE held the public meeting for the framework document on October
4, 2011,\4\ to describe the various rulemaking analyses DOE would
conduct, such as the engineering analysis, the life-cycle cost (LCC)
and payback period (PBP) analyses, and the national impact analysis
(NIA); the methods for conducting them; and the relationship among the
various analyses. Manufacturers, trade associations, and environmental
advocates attended the meeting. The participants discussed multiple
issues, including unknown impacts of the 2009 Lamps Rule, technology
shifts, and rare earth phosphors.
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\4\ The framework document and public meeting information are
available at regulations.gov, docket number EERE-2011-BT-STD-0006 at
www.regulations.gov/#!docketDetail;D=EERE-2011-BT-STD-0006.
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DOE has also taken steps to consider standards for certain
reflector (R), elliptical reflector (ER), and bulged reflector (BR)
IRLs. Additional background can be found at 75 FR 23191 (May 3, 2010).
DOE has suspended these rulemaking activities, however, as a result of
section 315 of Public Law 112-74 (Dec. 23, 2011), which prohibits DOE
from using appropriated funds to implement or enforce standards for
these IRLs. DOE does not examine any IRLs covered by the prohibition
(which has currently been extended through March 27, 2013), including
bulged parabolic reflector IRLs, in this preliminary analysis.
B. Current Rulemaking Process
In this preliminary analysis, DOE considers whether and at what
level(s) to promulgate energy conservation standards for GSFLs and
IRLs. Comments received since publication of
[[Page 13565]]
the framework document have helped DOE identify and resolve issues
involved in the preliminary analyses. Chapter 2 of the preliminary
technical support document (TSD) summarizes and addresses the comments
DOE received.
The process for developing energy conservation standards involves
input from the public. DOE considers the participation of interested
parties to be a very important part of the rulemaking process.
Accordingly, DOE encourages the participation of all interested parties
during the comment period provided at each stage of the rulemaking.
In conducting energy conservation standards rulemakings, DOE
involves interested parties through various means. This standards
rulemaking process for GSFLs and IRLs involves four public notices,
published in the Federal Register, and three public meetings (including
the public notice and meeting associated with the framework document
previously mentioned).
The preliminary analysis allows for public comment on the data,
models, and tools that DOE expects to use in the rulemaking. These
data, as discussed in section III.A, include product classes and
candidate standard levels (CSLs), which span the range of efficacies
from baseline lamps \5\ to the most efficacious technology. DOE
requests comment and will hold a public meeting and webinar related to
the preliminary analyses on the day specified in the DATES section.
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\5\ DOE selected baseline lamps for each representative product
class. Generally, a baseline lamp is one that represents the most
common, least efficacious lamp sold within a product class.
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After the preliminary analysis public meeting, DOE will determine
whether to publish a notice of proposed rulemaking (NOPR). Any NOPR
would present discussion of the comments received on the preliminary
analysis, along with DOE's analysis of the impacts of potential
standards on consumers, manufacturers, and the nation; DOE's weighting
of these impacts; and the proposed standard levels, for public comment.
III. Summary of the Analyses
DOE conducted in-depth technical analyses in the following areas
for GSFLs and IRLs currently under consideration: (1) Engineering, (2)
energy-use characterization, (3) product price determination, (4) LCC
and PBP, and (5) national impact. The preliminary TSD presents the
methodology and results of each analysis. The analyses are described in
more detail in the following sections.
DOE conducted several other analyses that either support the five
major analyses or are preliminary analyses that will be expanded in the
NOPR. These include the market and technology assessment; the screening
analysis, which contributes to the engineering analysis; and the
shipments analysis, which contributes to the NIA. DOE has also begun
work on the manufacturer impact analysis and identified the methods to
be used for the LCC subgroup analysis, the emissions analysis, the
employment analysis, the regulatory impact analysis, and the utility
impact analysis.
A. Engineering Analysis
For this GSFL and IRL rulemaking, DOE derives efficacy levels in
the engineering analysis and lamp end-user prices in the product price
determination (see section III.C). DOE estimates the end-user price of
GSFLs and IRLs directly because it is difficult to disassemble and
reverse-engineer the lamps. The outputs of the engineering analysis and
product price determination are used to develop cost-efficiency
relationships.
The engineering analysis focuses on selecting commercially
available lamps that incorporate design options that improve efficacy.
The engineering analysis identifies both the highest efficacy level
that is technologically feasible within each product class and the
representative baseline models, which serve as reference points against
which DOE can measure changes resulting from potential energy
conservation standards. After identifying more efficacious substitutes
for each baseline model, DOE develops CSLs. Chapters 2 and 5 of the
preliminary TSD discuss the engineering analysis, and chapters 2 and 7
and appendix 7A of the preliminary TSD discuss the product price
determination.
B. Energy-Use Analysis
The purpose of the energy-use analysis is to estimate the energy
usage for the baseline and higher efficacy lamps considered in this
rulemaking. This analysis, which is meant to represent typical energy
usage in the field, is an input to both the LCC and PBP analyses and
the NIA. The energy-use analysis enables DOE to determine the LCC and
the PBP of more efficacious lamps in relation to the baseline lamp.
Chapters 2 and 6 of the preliminary TSD provide detail on the energy-
use characterization.
C. Product Price Determination
As mentioned in section III.A, DOE often develops cost-efficiency
relationships in the engineering analysis. However, for this
rulemaking, DOE estimated the end-user price of GSFLs and IRLs
directly. DOE selected this methodology because it is difficult to
reverse-engineer GSFLs and IRLs, which are not easily disassembled.
Chapters 2 and 7 of the preliminary TSD provide detail on the
estimation of end-user prices.
D. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual customers. The LCC of a product is the cost it
incurs over its lifetime, taking into account both purchase price and
operating expenses. The PBP represents the time it takes to recover the
additional installed cost of the more efficacious products through
annual operating-cost savings. DOE analyzes the net effect on consumers
by calculating the LCC and PBP using the engineering performance data
(section III.A), the energy-use analysis data (section III.B), and the
product price determination (section III.C). Chapters 2 and 8 of the
preliminary TSD provide detail on the LCC and PBP analyses.
E. National Impact Analysis
The NIA estimates the national energy savings (NES) and the net
present value (NPV) of total consumer costs and savings expected to
result from amended standards at specific CSLs. DOE calculates NES and
NPV for each CSL for GSFLs and IRLs as the difference between a base
case projection (without new standards) and the standards-case
projection (with standards). DOE calculates national energy use for
each year beginning with the expected compliance date of the standards,
estimating national electricity use for the base case and each
potential standard level analyzed. To calculate energy use, product
stock in a given year is multiplied by annual energy use. DOE
calculates the national NPV of the consumer savings resulting from
energy conservation standards in conjunction with the NES. It
calculates annual energy expenditures from annual energy use by
incorporating projected energy prices and installed stock in each year.
DOE calculates annual product expenditures by multiplying the price per
lamp by the projected shipments. The difference between a base case and
a standards-case scenario gives the national energy bill savings and
[[Page 13566]]
increased product expenditure in dollars. Chapters 2 and 10 of the
preliminary TSD provide more detail on the NIA.
IV. Public Participation
DOE consulted with interested parties on all of the analyses and
invites further input on these topics. The preliminary analytical
results are subject to revision following review and input from the
public. A revised TSD will be made available upon issuance of a NOPR.
Any final rule will contain the final analysis results and be
accompanied by a final rule TSD.
At the preliminary analysis public meeting, the Department will
make a presentation, invite discussion on the rulemaking process as it
applies to the covered products, and solicit comments, data, and
information from participants and other interested parties.
Participants can also attend the public meeting via webinar.
Registration information, participant instructions, and information
about the capabilities available to webinar participants will be
available through the following Web page: https://www1.eere.energy.gov/buildings/appliance_standards/public_meetings_and_comment_deadline.html. Participants are responsible for ensuring their computer
systems are compatible with the webinar software. The Department
encourages those who wish to participate in the public meeting to
obtain the preliminary TSD and to be prepared to discuss its contents.
However, public meeting participants need not limit their comments to
the topics identified in the TSD. DOE is also interested in receiving
information on other relevant issues that participants believe would
affect energy conservation standards for these products or that DOE
should address in the NOPR.
DOE welcomes all interested parties, regardless of whether they
participate in the public meeting, to submit comments and information
in writing by the day listed in the DATES section.
The public meeting and associated webinar will be conducted in an
informal, conference style. A court reporter will be present to record
the minutes of the meeting. There shall be no discussion of proprietary
information, costs, prices, market shares, or other commercial matters
regulated by U.S. antitrust laws.
After considering all comments and additional information it
receives from interested parties or through further analyses, DOE will
consider whether to propose standard levels in a NOPR. Any NOPR would
be published in the Federal Register and include proposed energy
conservation standards for the products covered by the rulemaking.
Members of the public will again have an opportunity to submit written
and oral comments on any proposed standards.
Issued in Washington, DC, on February 20, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-04711 Filed 2-27-13; 8:45 am]
BILLING CODE 6450-01-P