Energy Conservation Program: Data Collection and Comparison With Forecasted Unit Sales of Five Lamp Types, 15891-15894 [2013-05770]
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Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules
A also issued under 5 U.S.C. 552. Subpart B
also issued under 5 U.S.C. 552a.
2. Add new paragraph 70 at the end
of Appendix C to part 5 to read as
follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
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*
*
*
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70. The DHS/CBP–018–Customs—Trade
Partnership Against Terrorism (C–TPAT)
System of Records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/CBP–018–
Customs—Trade Partnership Against
Terrorism (C–TPAT) System of Records is a
repository of information held by DHS in
connection with its several and varied
missions and functions, including, but not
limited to the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings thereunder; and national
security activities. The DHS/CBP–018–
Customs—Trade Partnership Against
Terrorism (C–TPAT) System of Records
contains information that is collected by, on
behalf of, in support of, or in cooperation
with DHS and its components and may
contain personally identifiable information
collected by other federal, state, local, tribal,
foreign, or international government
agencies. CBP will not assert any exemption
with respect to information requested from
and provided by the C–TPAT applicant
including, but not limited to, company
profile, supply chain information and other
information provided during the application
and validation process. CBP will not assert
any exemptions for an individual’s
application data and final membership
determination in response to a request from
that individual. However, the Privacy Act
requires DHS to maintain an accounting of
the disclosures made pursuant to all routines
uses. Disclosing the fact that a law
enforcement agency has sought particular
records may affect ongoing law enforcement
activities. As such, pursuant to 5 U.S.C.
552a(j)(2), the Secretary of Homeland
Security has exempted this system from
sections (c)(3), (e)(8), and (g) of the Privacy
Act of 1974, as amended, as is necessary and
appropriate to protect this information.
Further, DHS will claim exemption from
section (c)(3) of the Privacy Act of 1974, as
amended, pursuant to 5 U.S.C. 552a(k)(2) as
is necessary and appropriate to protect this
information. Pursuant to exemption 5 U.S.C.
552a(j)(2) of the Privacy Act, all other C–
TPAT data, including information regarding
the possible ineligibility of an applicant for
C–TPAT membership discovered during the
vetting process and any resulting issue
papers, are exempt from 5 U.S.C. 552a(c)(3)
and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f), and (g).
Pursuant to 5 U.S.C. 552a(k)(2), information
regarding the possible ineligibility of an
applicant for C–TPAT membership
discovered during the vetting process and
any resulting issue papers are exempt 5
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H),(e)(4)(I); and (f). Exemptions from
these particular subsections are justified, on
a case-by-case basis to be determined at the
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time a request is made, for the following
reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS or another agency. Access to the
records could permit the individual who is
the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an unreasonable administrative
burden by requiring investigations to be
continually reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear, or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of the
investigation, thereby interfering with that
investigation and related law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements) and (f)
(Agency Rules), because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
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procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Collection of
Information) because with the collection of
information for law enforcement purposes, it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with subsection (e)(5)
would preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
Dated: February 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–05673 Filed 3–12–13; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–NOA–0013]
Energy Conservation Program: Data
Collection and Comparison With
Forecasted Unit Sales of Five Lamp
Types
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
AGENCY:
The U.S. Department of
Energy (DOE) is informing the public of
its collection of shipment data and
creation of spreadsheet models to
provide comparisons between actual
and benchmark estimate unit sales of
five lamp types (i.e., rough service
lamps, vibration service lamps, 3-way
incandescent lamps, 2,601–3,300 lumen
general service incandescent lamps, and
shatter-resistant lamps), which are
currently exempt from energy
conservation standards. As the actual
sales do not exceed the forecasted
estimate by 100 percent for any lamp
type (i.e., the threshold triggering a
rulemaking for an energy conservation
SUMMARY:
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Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Proposed Rules
standard for that lamp type has not been
exceeded), DOE has determined that no
regulatory action is necessary at this
time. However, DOE will continue to
track sales data for these exempted
lamps. Relating to this activity, DOE has
prepared, and is making available on its
Web site, a spreadsheet showing the
comparisons of anticipated versus
actual sales, as well as the model used
to generate the original sales estimates.
ADDRESSES: The spreadsheet is available
online: https://www1.eere.energy.gov/
buildings/appliance_standards/
product.aspx/productid/63.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1604. Email:
five_lamp_types@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Background
II. Definitions
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
E. Shatter-Resistant Lamps
III. Comparison Methodology
IV. Comparison Results
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
E. Shatter-Resistant Lamps
V. Conclusion
I. Background
The Energy Independence and
Security Act of 2007 (EISA 2007; Pub.
L. 110–140) was enacted on December
19, 2007. Among the requirements of
subtitle B (Lighting Energy Efficiency) of
title III of EISA 2007 were provisions
directing DOE to collect, analyze, and
monitor unit sales of five lamp types
(i.e., rough service lamps, vibration
service lamps, 3-way incandescent
lamps, 2,601–3,300 lumen general
service incandescent lamps, and shatterresistant lamps). In relevant part,
section 321(a)(3)(B) of EISA 2007
amended section 325(l) of the Energy
Policy and Conservation Act of 1975
(EPCA) by adding paragraph (4)(B),
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which generally directs DOE, in
consultation with the National Electrical
Manufacturers Association (NEMA), to:
(1) Collect unit sales data for each of the
five lamp types for calendar years 1990
through 2006 in order to determine the
historical growth rate for each lamp
type; and (2) construct a model for each
of the five lamp types based on
coincident economic indicators that
closely match the historical annual
growth rates of each lamp type to
provide a neutral comparison
benchmark estimate of future unit sales.
(42 U.S.C. 6295(l)(4)(B)) Section
321(a)(3)(B) of EISA 2007 also amends
section 325(l) of EPCA by adding
paragraph (4)(C), which, in relevant
part, directs DOE to collect unit sales
data for calendar years 2010 through
2025, in consultation with NEMA, for
each of the five lamp types. DOE must
then compare the actual lamp sales in
that year with the benchmark estimate,
determine if the unit sales projection
has been exceeded, and issue the
findings within 90 days after the end of
the analyzed calendar year. (42 U.S.C.
6295(l)(4)(C))
On December 18, 2008, DOE issued a
notice of data availability (NODA) for
the Report on Data Collection and
Estimated Future Unit Sales of Five
Lamp Types (hereafter the ‘‘2008
analysis’’), which was published in the
Federal Register on December 24, 2008.
73 FR 79072. The 2008 analysis
presented the 1990 through 2006
shipment data collected in consultation
with NEMA, the spreadsheet model
DOE constructed for each lamp type,
and the benchmark unit sales estimates
for 2010 through 2025. On April 4,
2011, DOE published a NODA in the
Federal Register (hereafter the ‘‘2010
comparison’’) announcing the
availability of updated spreadsheet
models presenting the benchmark
estimates from the 2008 analysis and the
collected sales data from 2010 for the
first annual comparison. 76 FR 18425.
Similarly, DOE published another
NODA in the Federal Register on March
20, 2012 (hereafter the ‘‘2011
comparison’’) announcing the updated
spreadsheet models and 2011 sales data
related to the second annual
comparison. 77 FR 16183. Today’s
NODA presents the third annual
comparison; specifically, section IV of
this report compares the actual unit
sales against benchmark unit sales
estimates for 2012.1
1 The notices and related documents for the 2008
analysis, 2010 comparison, 2011 comparison, and
this NODA are available through the DOE Web site
at: https://www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/productid/63.
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EISA 2007 also amends section 325(l)
of EPCA by adding paragraphs (4)(D)
through (4)(H) which state that if DOE
finds that the unit sales for a given lamp
type in any year between 2010 and 2025
exceed the benchmark estimate of unit
sales by at least 100 percent (i.e., more
than double the anticipated sales), then
DOE must take regulatory action to
establish an energy conservation
standard for such lamps. (42 U.S.C.
6295(l)(4)(D)–(H)) For 2,601–3,300
lumen general service incandescent
lamps, DOE must adopt a statutorilyprescribed energy conservation
standard, and for the other four types of
lamps, the statute requires DOE to
initiate an accelerated rulemaking to
establish energy conservation standards.
If the Secretary does not complete the
accelerated rulemakings within one year
of the end of the previous calendar year,
there is a ‘‘backstop requirement’’ for
each lamp type, which would establish
energy conservation standard levels and
related requirements by statute. Id.
As in the 2008 analysis and previous
comparisons, DOE uses manufacturer
shipments as a surrogate for unit sales
in this NODA because manufacturer
shipment data are tracked and
aggregated by the trade organization,
NEMA. DOE believes that annual
shipments track closely with actual unit
sales of these five lamp types, as DOE
presumes that retailer inventories
remain constant from year to year. DOE
believes this is a reasonable assumption
because the markets for these five lamp
types have existed for many years,
thereby enabling manufacturers and
retailers to establish appropriate
inventory levels that reflect market
demand. Furthermore, in the long-run,
unit sales could not increase in any one
year without manufacturer shipments
increasing either that year or the
following one. In either case, increasing
unit sales must eventually result in
increasing manufacturer shipments.
This is the same methodology presented
in DOE’s 2008 analysis, 2010
comparison, and 2011 comparison, and
the Department did not receive any
comments challenging this assumption
or the general approach.
II. Definitions
A. Rough Service Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘rough service
lamp.’’ The statutory definition reads as
follows: ‘‘The term ‘rough service lamp’
means a lamp that—(i) has a minimum
of 5 supports with filament
configurations that are C–7A, C–11, C–
17, and C–22 as listed in Figure 6–12 of
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the 9th edition of the IESNA
[Illuminating Engineering Society of
North America] Lighting handbook, or
similar configurations where lead wires
are not counted as supports; and (ii) is
designated and marketed specifically for
‘rough service’ applications, with—(I)
the designation appearing on the lamp
packaging; and (II) marketing materials
that identify the lamp as being for rough
service.’’ (42 U.S.C. 6291(30)(X))
As noted above, rough service
incandescent lamps must have a
minimum of five filament support wires
(not counting the two connecting leads
at the beginning and end of the
filament), and must be designated and
marketed for ‘‘rough service’’
applications. This type of incandescent
lamp is typically used in applications
where the lamp would be subject to
mechanical shock or vibration while it
is operating. Standard incandescent
lamps have only two support wires
(which also serve as conductors), one at
each end of the filament coil. When
operating (i.e., when the tungsten
filament is glowing so hot that it emits
light), a standard incandescent lamp’s
filament is brittle, and rough service
applications could cause it to break
prematurely. To address this problem,
lamp manufacturers developed lamp
designs that incorporate additional
support wires along the length of the
filament to ensure that it has support
not just at each end, but at several other
points as well. The additional support
protects the filament during operation
and enables longer operating life for
incandescent lamps in rough service
applications. Typical applications for
these rough service lamps might include
commercial hallways and stairwells,
gyms, storage areas, and security areas.
B. Vibration Service Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘vibration
service lamp.’’ The statutory definition
reads as follows: ‘‘The term ‘vibration
service lamp’ means a lamp that—(i) has
filament configurations that are C–5, C–
7A, or C–9, as listed in Figure 6–12 of
the 9th Edition of the IESNA Lighting
Handbook or similar configurations; (ii)
has a maximum wattage of 60 watts; (iii)
is sold at retail in packages of 2 lamps
or less; and (iv) is designated and
marketed specifically for vibration
service or vibration-resistant
applications, with—(I) the designation
appearing on the lamp packaging; and
(II) marketing materials that identify the
lamp as being vibration service only.’’
(42 U.S.C. 6291(30)(AA))
The statute mentions three examples
of filament configurations for vibration
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service lamps in Figure 6–12 of the
IESNA Lighting Handbook, one of
which (i.e., C–7A) is also listed in the
statutory definition of ‘‘rough service
lamp.’’ The definition of ‘‘vibration
service lamp’’ requires that such lamps
have a maximum wattage of 60 watts
and be sold at a retail level in packages
of two lamps or fewer. Similar to rough
service lamps, vibration service lamps
must be designated and marketed for
vibration service or vibration-resistant
applications. As the name suggests, this
type of incandescent lamp is generally
used in applications where the
incandescent lamp would be subject to
a continuous low level of vibration,
such as in a ceiling fan light kit. In such
applications, standard incandescent
lamps without additional filament
support wires may not achieve the full
rated life, because the filament wire is
brittle and would be subject to breakage
at typical operating temperature. To
address this problem, lamp
manufacturers typically use a more
malleable tungsten filament to avoid
damage and short circuits between coils.
C. Three-Way Incandescent Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘3-way
incandescent lamp.’’ The statutory
definition reads as follows: ‘‘The term
‘3-way incandescent lamp’ includes an
incandescent lamp that—(i) employs 2
filaments, operated separately and in
combination, to provide 3 light levels;
and (ii) is designated on the lamp
packaging and marketing materials as
being a 3-way incandescent lamp.’’ (42
U.S.C. 6291(30)(Y))
Three-way lamps are commonly
found in wattage combinations such as
50, 100, and 150 watts or 30, 70, and
100 watts. These lamps use two
filaments (e.g., a 30-watt and a 70-watt
filament) and can be operated separately
or together to produce three different
lumen outputs (e.g., 305 lumens with
one filament, 995 lumens with the
other, or 1,300 lumens using the
filaments together). When used in threeway sockets, these lamps allow users to
control the light level. Three-way
incandescent lamps are typically used
in residential multi-purpose areas,
where consumers may adjust the light
level to be appropriate for the task they
are performing.
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
The statute does not provide a
definition of ‘‘2,601–3,300 Lumen
General Service Incandescent Lamps’’;
however, DOE is interpreting this term
to be a general service incandescent
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15893
lamp 2 that emits light between 2,601
and 3,300 lumens. Lamps on the market
that emit light within this lumen range
are immediately recognizable because,
as required by the Energy Policy Act of
1992, Public Law 102–486, all general
service incandescent lamps must be
labeled with lamp lumen output.3 These
lamps are used in general service
applications when high light output is
needed.
E. Shatter-Resistant Lamps
Section 321(a)(1)(B) of EISA 2007
amended section 321(30) of EPCA by
adding the definition of a ‘‘shatterresistant lamp, shatter-proof lamp, or
shatter-protected lamp.’’ The statutory
definition reads as follows: ‘‘The terms
‘shatter-resistant lamp,’ ‘shatter-proof
lamp,’ and ‘shatter-protected lamp’
mean a lamp that—(i) has a coating or
equivalent technology that is compliant
with [National Sanitation Foundation/
American National Standards Institute]
NSF/ANSI 51 and is designed to contain
the glass if the glass envelope of the
lamp is broken; and (ii) is designated
and marketed for the intended
application, with—(I) the designation on
the lamp packaging; and (II) marketing
materials that identify the lamp as being
shatter-resistant, shatter-proof, or
shatter-protected.’’ (42 U.S.C.
6291(30)(Z)) Although the definition
provides three names commonly used to
refer to these lamps, DOE simply refers
to them collectively as ‘‘shatter-resistant
lamps.’’
Shatter-resistant lamps incorporate a
special coating designed to prevent glass
shards from being dispersed if a lamp’s
glass envelope breaks. Shatter-resistant
lamps incorporate a coating compliant
with industry standard NSF/ANSI 51,4
‘‘Food Equipment Materials,’’ and are
labeled and marketed as shatterresistant, shatter-proof, or shatterprotected. Some types of the coatings
can also protect the lamp from breakage
in applications subject to heat and
2 ‘‘General service incandescent lamp’’ is defined
as a standard incandescent or halogen type lamp
that—(I) Is intended for general service
applications; (II) has a medium screw base; (III) has
a lumen range of not less than 310 lumens and not
more than 2,600 lumens; and (IV) is capable of
being operated at a voltage range at least partially
within 110 and 130 volts. (42 U.S.C. 6291(30)(D)).
3 The Federal Trade Commission issued the lamp
labeling requirements in 1994 (see 59 FR 25176
(May 13, 1994)). Further amendments were made to
the lamp labeling requirements in 2007 (see 16 CFR
305.15(b); 72 FR 49948, 49971–72 (August 29,
2007)). The package must display the lamp’s light
output (in lumens), energy use (in watts), and lamp
life (in hours).
4 NSF/ANSI 51 applies specifically to materials
and coatings used in the manufacturing of
equipment and objects destined for contact with
foodstuffs.
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thermal shock that may occur from
water, sleet, snow, soldering, or
welding.
III. Comparison Methodology
In the 2008 analysis, DOE reviewed
each of the five sets of shipment data
that were collected in consultation with
NEMA and applied two curve fits to
generate unit sales estimates for the five
lamp types after calendar year 2006.
One curve fit applied a linear regression
to the historical data and extended that
line into the future. The other curve fit
applied an exponential growth function
to the shipment data and projected unit
sales into the future. For this
calculation, linear regression treats the
year as a dependent variable and
shipments as the independent variable.
The linear regression curve fit is
modeled by minimizing the differences
among the data points and the best
curve-fit linear line using the least
squares function.5 The exponential
curve fit is also a regression function
and uses the same least squares function
to find the best fit. For some data sets,
an exponential curve provides a better
characterization of the historical data,
and, therefore, a better projection of the
future data.
For 3-way incandescent lamps, 2,601–
3,300 lumen general service
incandescent lamps, and shatterresistant lamps, DOE found that the
linear regression and exponential
growth curve fits produced nearly the
same estimates of unit sales (i.e., the
difference between the two forecasted
values was less than 1 or 2 percent).
However, for rough service and
vibration service lamps, the linear
regression curve fit projected lamp unit
sales would decline to zero for both
lamp types by 2018. In contrast, the
exponential growth curve fit projected a
more gradual decline in unit sales, such
that lamps would still be sold beyond
2018, and it was, therefore, considered
the more realistic forecast. While DOE
was satisfied that either the linear
regression or exponential growth
spreadsheet model generated a
reasonable benchmark unit sales
estimate for 3-way incandescent lamps,
2,601–3,300 lumen general service
incandescent lamps, and shatterresistant lamps, DOE selected the
exponential growth curve fit for these
lamp types for consistency with the
selection made for rough service and
5 The least squares function is an analytical tool
that DOE uses to minimize the sum of the squared
residual differences between the actual historical
data points and the modeled value (i.e., the linear
curve fit). In minimizing this value, the resulting
curve fit will represent the best fit possible to the
data provided.
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vibration service lamps.6 DOE examines
the benchmark unit sales estimates and
actual sales for each of the five lamp
types in the following section and also
makes the comparisons available in a
spreadsheet online: https://
www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/
productid/63.
IV. Comparison Results
A. Rough Service Lamps
For rough service lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2012 to be 5,780,000 units. The NEMAprovided shipment data reported
shipments of 6,045,000 rough service
lamps in 2012. As this finding exceeds
the estimate by only 4.6 percent, DOE
will continue to track rough service
lamp sales data and will not initiate
regulatory action for this lamp type at
this time.
B. Vibration Service Lamps
For vibration service lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2012 to be 3,019,000 units. The NEMAprovided shipment data reported
shipments of 1,077,000 vibration service
lamps in 2012. As this finding is only
35.7 percent of the estimate, DOE will
continue to track vibration service lamp
sales data and will not initiate
regulatory action for this lamp type at
this time.
C. Three-Way Incandescent Lamps
For 3-way incandescent lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2012 to be 50,131,000 units. The NEMAprovided shipment data reported
shipments of 28,854,000 3-way
incandescent lamps in 2012. As this
finding is only 57.6 percent of the
estimate, DOE will continue to track 3way incandescent lamp sales data and
will not initiate regulatory action for
this lamp type at this time.
D. 2,601–3,300 Lumen General Service
Incandescent Lamps
For 2,601–3,300 lumen general
service incandescent lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2012 to be 33,979,000 units. The NEMAprovided shipment data reported
shipments of 12,373,000 2,601–3,300
lumen general service incandescent
lamps in 2012. As this finding is 36.4
6 This selection is consistent with the 2010 and
2011 comparisons. See DOE’s 2008 forecast
spreadsheet models of the lamp types for greater
detail of the estimates.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
percent of the estimate, DOE will
continue to track 2,601–3,300 lumen
general service incandescent lamp sales
data and will not initiate regulatory
action for this lamp type at this time.
E. Shatter-Resistant Lamps
For shatter-resistant lamps, the
exponential growth forecast projected
the benchmark unit sales estimate for
2012 to be 1,663,000 units. The NEMAprovided shipment data reported
shipments of 1,455,000 shatter-resistant
lamps in 2012. As this finding is only
87.5 percent of the estimate, DOE will
continue to track shatter-resistant lamp
sales data and will not initiate
regulatory action for this lamp type at
this time.
V. Conclusion
None of the shipments for rough
service lamps, vibration service lamps,
3-way incandescent lamps, 2,601–3,300
lumen general service incandescent
lamps, or shatter-resistant lamps crossed
the statutory threshold for a standard.
DOE will monitor the situation for these
five currently exempted lamp types and
will reassess 2013 sales by March 31,
2014, in order to determine whether an
energy conservation standards
rulemaking is required, consistent with
42 U.S.C. 6295(l)(4)(D)–(H).
Issued in Washington, DC, on March 5,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–05770 Filed 3–12–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 117
[Docket No. FDA–2012–N–1258]
Draft Qualitative Risk Assessment of
Risk of Activity/Food Combinations for
Activities (Outside the Farm Definition)
Conducted in a Facility Co-Located on
a Farm; Availability; Reopening of the
Comment Period
AGENCY:
Food and Drug Administration,
HHS.
Notification; reopening of the
comment period.
ACTION:
The Food and Drug
Administration (FDA or ‘‘we’’) is
reopening the comment period for a
document entitled ‘‘Draft Qualitative
Risk Assessment of Risk of Activity/
SUMMARY:
E:\FR\FM\13MRP1.SGM
13MRP1
]]>Agencies
[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Proposed Rules]
[Pages 15891-15894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05770]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-NOA-0013]
Energy Conservation Program: Data Collection and Comparison With
Forecasted Unit Sales of Five Lamp Types
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is informing the public of
its collection of shipment data and creation of spreadsheet models to
provide comparisons between actual and benchmark estimate unit sales of
five lamp types (i.e., rough service lamps, vibration service lamps, 3-
way incandescent lamps, 2,601-3,300 lumen general service incandescent
lamps, and shatter-resistant lamps), which are currently exempt from
energy conservation standards. As the actual sales do not exceed the
forecasted estimate by 100 percent for any lamp type (i.e., the
threshold triggering a rulemaking for an energy conservation
[[Page 15892]]
standard for that lamp type has not been exceeded), DOE has determined
that no regulatory action is necessary at this time. However, DOE will
continue to track sales data for these exempted lamps. Relating to this
activity, DOE has prepared, and is making available on its Web site, a
spreadsheet showing the comparisons of anticipated versus actual sales,
as well as the model used to generate the original sales estimates.
ADDRESSES: The spreadsheet is available online: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/63.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 287-1604. Email: five_lamp_types@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Definitions
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601-3,300 Lumen General Service Incandescent Lamps
E. Shatter-Resistant Lamps
III. Comparison Methodology
IV. Comparison Results
A. Rough Service Lamps
B. Vibration Service Lamps
C. Three-Way Incandescent Lamps
D. 2,601-3,300 Lumen General Service Incandescent Lamps
E. Shatter-Resistant Lamps
V. Conclusion
I. Background
The Energy Independence and Security Act of 2007 (EISA 2007; Pub.
L. 110-140) was enacted on December 19, 2007. Among the requirements of
subtitle B (Lighting Energy Efficiency) of title III of EISA 2007 were
provisions directing DOE to collect, analyze, and monitor unit sales of
five lamp types (i.e., rough service lamps, vibration service lamps, 3-
way incandescent lamps, 2,601-3,300 lumen general service incandescent
lamps, and shatter-resistant lamps). In relevant part, section
321(a)(3)(B) of EISA 2007 amended section 325(l) of the Energy Policy
and Conservation Act of 1975 (EPCA) by adding paragraph (4)(B), which
generally directs DOE, in consultation with the National Electrical
Manufacturers Association (NEMA), to: (1) Collect unit sales data for
each of the five lamp types for calendar years 1990 through 2006 in
order to determine the historical growth rate for each lamp type; and
(2) construct a model for each of the five lamp types based on
coincident economic indicators that closely match the historical annual
growth rates of each lamp type to provide a neutral comparison
benchmark estimate of future unit sales. (42 U.S.C. 6295(l)(4)(B))
Section 321(a)(3)(B) of EISA 2007 also amends section 325(l) of EPCA by
adding paragraph (4)(C), which, in relevant part, directs DOE to
collect unit sales data for calendar years 2010 through 2025, in
consultation with NEMA, for each of the five lamp types. DOE must then
compare the actual lamp sales in that year with the benchmark estimate,
determine if the unit sales projection has been exceeded, and issue the
findings within 90 days after the end of the analyzed calendar year.
(42 U.S.C. 6295(l)(4)(C))
On December 18, 2008, DOE issued a notice of data availability
(NODA) for the Report on Data Collection and Estimated Future Unit
Sales of Five Lamp Types (hereafter the ``2008 analysis''), which was
published in the Federal Register on December 24, 2008. 73 FR 79072.
The 2008 analysis presented the 1990 through 2006 shipment data
collected in consultation with NEMA, the spreadsheet model DOE
constructed for each lamp type, and the benchmark unit sales estimates
for 2010 through 2025. On April 4, 2011, DOE published a NODA in the
Federal Register (hereafter the ``2010 comparison'') announcing the
availability of updated spreadsheet models presenting the benchmark
estimates from the 2008 analysis and the collected sales data from 2010
for the first annual comparison. 76 FR 18425. Similarly, DOE published
another NODA in the Federal Register on March 20, 2012 (hereafter the
``2011 comparison'') announcing the updated spreadsheet models and 2011
sales data related to the second annual comparison. 77 FR 16183.
Today's NODA presents the third annual comparison; specifically,
section IV of this report compares the actual unit sales against
benchmark unit sales estimates for 2012.\1\
---------------------------------------------------------------------------
\1\ The notices and related documents for the 2008 analysis,
2010 comparison, 2011 comparison, and this NODA are available
through the DOE Web site at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/63.
---------------------------------------------------------------------------
EISA 2007 also amends section 325(l) of EPCA by adding paragraphs
(4)(D) through (4)(H) which state that if DOE finds that the unit sales
for a given lamp type in any year between 2010 and 2025 exceed the
benchmark estimate of unit sales by at least 100 percent (i.e., more
than double the anticipated sales), then DOE must take regulatory
action to establish an energy conservation standard for such lamps. (42
U.S.C. 6295(l)(4)(D)-(H)) For 2,601-3,300 lumen general service
incandescent lamps, DOE must adopt a statutorily-prescribed energy
conservation standard, and for the other four types of lamps, the
statute requires DOE to initiate an accelerated rulemaking to establish
energy conservation standards. If the Secretary does not complete the
accelerated rulemakings within one year of the end of the previous
calendar year, there is a ``backstop requirement'' for each lamp type,
which would establish energy conservation standard levels and related
requirements by statute. Id.
As in the 2008 analysis and previous comparisons, DOE uses
manufacturer shipments as a surrogate for unit sales in this NODA
because manufacturer shipment data are tracked and aggregated by the
trade organization, NEMA. DOE believes that annual shipments track
closely with actual unit sales of these five lamp types, as DOE
presumes that retailer inventories remain constant from year to year.
DOE believes this is a reasonable assumption because the markets for
these five lamp types have existed for many years, thereby enabling
manufacturers and retailers to establish appropriate inventory levels
that reflect market demand. Furthermore, in the long-run, unit sales
could not increase in any one year without manufacturer shipments
increasing either that year or the following one. In either case,
increasing unit sales must eventually result in increasing manufacturer
shipments. This is the same methodology presented in DOE's 2008
analysis, 2010 comparison, and 2011 comparison, and the Department did
not receive any comments challenging this assumption or the general
approach.
II. Definitions
A. Rough Service Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``rough service lamp.'' The statutory
definition reads as follows: ``The term `rough service lamp' means a
lamp that--(i) has a minimum of 5 supports with filament configurations
that are C-7A, C-11, C-17, and C-22 as listed in Figure 6-12 of
[[Page 15893]]
the 9th edition of the IESNA [Illuminating Engineering Society of North
America] Lighting handbook, or similar configurations where lead wires
are not counted as supports; and (ii) is designated and marketed
specifically for `rough service' applications, with--(I) the
designation appearing on the lamp packaging; and (II) marketing
materials that identify the lamp as being for rough service.'' (42
U.S.C. 6291(30)(X))
As noted above, rough service incandescent lamps must have a
minimum of five filament support wires (not counting the two connecting
leads at the beginning and end of the filament), and must be designated
and marketed for ``rough service'' applications. This type of
incandescent lamp is typically used in applications where the lamp
would be subject to mechanical shock or vibration while it is
operating. Standard incandescent lamps have only two support wires
(which also serve as conductors), one at each end of the filament coil.
When operating (i.e., when the tungsten filament is glowing so hot that
it emits light), a standard incandescent lamp's filament is brittle,
and rough service applications could cause it to break prematurely. To
address this problem, lamp manufacturers developed lamp designs that
incorporate additional support wires along the length of the filament
to ensure that it has support not just at each end, but at several
other points as well. The additional support protects the filament
during operation and enables longer operating life for incandescent
lamps in rough service applications. Typical applications for these
rough service lamps might include commercial hallways and stairwells,
gyms, storage areas, and security areas.
B. Vibration Service Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``vibration service lamp.'' The statutory
definition reads as follows: ``The term `vibration service lamp' means
a lamp that--(i) has filament configurations that are C-5, C-7A, or C-
9, as listed in Figure 6-12 of the 9th Edition of the IESNA Lighting
Handbook or similar configurations; (ii) has a maximum wattage of 60
watts; (iii) is sold at retail in packages of 2 lamps or less; and (iv)
is designated and marketed specifically for vibration service or
vibration-resistant applications, with--(I) the designation appearing
on the lamp packaging; and (II) marketing materials that identify the
lamp as being vibration service only.'' (42 U.S.C. 6291(30)(AA))
The statute mentions three examples of filament configurations for
vibration service lamps in Figure 6-12 of the IESNA Lighting Handbook,
one of which (i.e., C-7A) is also listed in the statutory definition of
``rough service lamp.'' The definition of ``vibration service lamp''
requires that such lamps have a maximum wattage of 60 watts and be sold
at a retail level in packages of two lamps or fewer. Similar to rough
service lamps, vibration service lamps must be designated and marketed
for vibration service or vibration-resistant applications. As the name
suggests, this type of incandescent lamp is generally used in
applications where the incandescent lamp would be subject to a
continuous low level of vibration, such as in a ceiling fan light kit.
In such applications, standard incandescent lamps without additional
filament support wires may not achieve the full rated life, because the
filament wire is brittle and would be subject to breakage at typical
operating temperature. To address this problem, lamp manufacturers
typically use a more malleable tungsten filament to avoid damage and
short circuits between coils.
C. Three-Way Incandescent Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``3-way incandescent lamp.'' The
statutory definition reads as follows: ``The term `3-way incandescent
lamp' includes an incandescent lamp that--(i) employs 2 filaments,
operated separately and in combination, to provide 3 light levels; and
(ii) is designated on the lamp packaging and marketing materials as
being a 3-way incandescent lamp.'' (42 U.S.C. 6291(30)(Y))
Three-way lamps are commonly found in wattage combinations such as
50, 100, and 150 watts or 30, 70, and 100 watts. These lamps use two
filaments (e.g., a 30-watt and a 70-watt filament) and can be operated
separately or together to produce three different lumen outputs (e.g.,
305 lumens with one filament, 995 lumens with the other, or 1,300
lumens using the filaments together). When used in three-way sockets,
these lamps allow users to control the light level. Three-way
incandescent lamps are typically used in residential multi-purpose
areas, where consumers may adjust the light level to be appropriate for
the task they are performing.
D. 2,601-3,300 Lumen General Service Incandescent Lamps
The statute does not provide a definition of ``2,601-3,300 Lumen
General Service Incandescent Lamps''; however, DOE is interpreting this
term to be a general service incandescent lamp \2\ that emits light
between 2,601 and 3,300 lumens. Lamps on the market that emit light
within this lumen range are immediately recognizable because, as
required by the Energy Policy Act of 1992, Public Law 102-486, all
general service incandescent lamps must be labeled with lamp lumen
output.\3\ These lamps are used in general service applications when
high light output is needed.
---------------------------------------------------------------------------
\2\ ``General service incandescent lamp'' is defined as a
standard incandescent or halogen type lamp that--(I) Is intended for
general service applications; (II) has a medium screw base; (III)
has a lumen range of not less than 310 lumens and not more than
2,600 lumens; and (IV) is capable of being operated at a voltage
range at least partially within 110 and 130 volts. (42 U.S.C.
6291(30)(D)).
\3\ The Federal Trade Commission issued the lamp labeling
requirements in 1994 (see 59 FR 25176 (May 13, 1994)). Further
amendments were made to the lamp labeling requirements in 2007 (see
16 CFR 305.15(b); 72 FR 49948, 49971-72 (August 29, 2007)). The
package must display the lamp's light output (in lumens), energy use
(in watts), and lamp life (in hours).
---------------------------------------------------------------------------
E. Shatter-Resistant Lamps
Section 321(a)(1)(B) of EISA 2007 amended section 321(30) of EPCA
by adding the definition of a ``shatter-resistant lamp, shatter-proof
lamp, or shatter-protected lamp.'' The statutory definition reads as
follows: ``The terms `shatter-resistant lamp,' `shatter-proof lamp,'
and `shatter-protected lamp' mean a lamp that--(i) has a coating or
equivalent technology that is compliant with [National Sanitation
Foundation/American National Standards Institute] NSF/ANSI 51 and is
designed to contain the glass if the glass envelope of the lamp is
broken; and (ii) is designated and marketed for the intended
application, with--(I) the designation on the lamp packaging; and (II)
marketing materials that identify the lamp as being shatter-resistant,
shatter-proof, or shatter-protected.'' (42 U.S.C. 6291(30)(Z)) Although
the definition provides three names commonly used to refer to these
lamps, DOE simply refers to them collectively as ``shatter-resistant
lamps.''
Shatter-resistant lamps incorporate a special coating designed to
prevent glass shards from being dispersed if a lamp's glass envelope
breaks. Shatter-resistant lamps incorporate a coating compliant with
industry standard NSF/ANSI 51,\4\ ``Food Equipment Materials,'' and are
labeled and marketed as shatter-resistant, shatter-proof, or shatter-
protected. Some types of the coatings can also protect the lamp from
breakage in applications subject to heat and
[[Page 15894]]
thermal shock that may occur from water, sleet, snow, soldering, or
welding.
---------------------------------------------------------------------------
\4\ NSF/ANSI 51 applies specifically to materials and coatings
used in the manufacturing of equipment and objects destined for
contact with foodstuffs.
---------------------------------------------------------------------------
III. Comparison Methodology
In the 2008 analysis, DOE reviewed each of the five sets of
shipment data that were collected in consultation with NEMA and applied
two curve fits to generate unit sales estimates for the five lamp types
after calendar year 2006. One curve fit applied a linear regression to
the historical data and extended that line into the future. The other
curve fit applied an exponential growth function to the shipment data
and projected unit sales into the future. For this calculation, linear
regression treats the year as a dependent variable and shipments as the
independent variable. The linear regression curve fit is modeled by
minimizing the differences among the data points and the best curve-fit
linear line using the least squares function.\5\ The exponential curve
fit is also a regression function and uses the same least squares
function to find the best fit. For some data sets, an exponential curve
provides a better characterization of the historical data, and,
therefore, a better projection of the future data.
---------------------------------------------------------------------------
\5\ The least squares function is an analytical tool that DOE
uses to minimize the sum of the squared residual differences between
the actual historical data points and the modeled value (i.e., the
linear curve fit). In minimizing this value, the resulting curve fit
will represent the best fit possible to the data provided.
---------------------------------------------------------------------------
For 3-way incandescent lamps, 2,601-3,300 lumen general service
incandescent lamps, and shatter-resistant lamps, DOE found that the
linear regression and exponential growth curve fits produced nearly the
same estimates of unit sales (i.e., the difference between the two
forecasted values was less than 1 or 2 percent). However, for rough
service and vibration service lamps, the linear regression curve fit
projected lamp unit sales would decline to zero for both lamp types by
2018. In contrast, the exponential growth curve fit projected a more
gradual decline in unit sales, such that lamps would still be sold
beyond 2018, and it was, therefore, considered the more realistic
forecast. While DOE was satisfied that either the linear regression or
exponential growth spreadsheet model generated a reasonable benchmark
unit sales estimate for 3-way incandescent lamps, 2,601-3,300 lumen
general service incandescent lamps, and shatter-resistant lamps, DOE
selected the exponential growth curve fit for these lamp types for
consistency with the selection made for rough service and vibration
service lamps.\6\ DOE examines the benchmark unit sales estimates and
actual sales for each of the five lamp types in the following section
and also makes the comparisons available in a spreadsheet online:
https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/63.
---------------------------------------------------------------------------
\6\ This selection is consistent with the 2010 and 2011
comparisons. See DOE's 2008 forecast spreadsheet models of the lamp
types for greater detail of the estimates.
---------------------------------------------------------------------------
IV. Comparison Results
A. Rough Service Lamps
For rough service lamps, the exponential growth forecast projected
the benchmark unit sales estimate for 2012 to be 5,780,000 units. The
NEMA-provided shipment data reported shipments of 6,045,000 rough
service lamps in 2012. As this finding exceeds the estimate by only 4.6
percent, DOE will continue to track rough service lamp sales data and
will not initiate regulatory action for this lamp type at this time.
B. Vibration Service Lamps
For vibration service lamps, the exponential growth forecast
projected the benchmark unit sales estimate for 2012 to be 3,019,000
units. The NEMA-provided shipment data reported shipments of 1,077,000
vibration service lamps in 2012. As this finding is only 35.7 percent
of the estimate, DOE will continue to track vibration service lamp
sales data and will not initiate regulatory action for this lamp type
at this time.
C. Three-Way Incandescent Lamps
For 3-way incandescent lamps, the exponential growth forecast
projected the benchmark unit sales estimate for 2012 to be 50,131,000
units. The NEMA-provided shipment data reported shipments of 28,854,000
3-way incandescent lamps in 2012. As this finding is only 57.6 percent
of the estimate, DOE will continue to track 3-way incandescent lamp
sales data and will not initiate regulatory action for this lamp type
at this time.
D. 2,601-3,300 Lumen General Service Incandescent Lamps
For 2,601-3,300 lumen general service incandescent lamps, the
exponential growth forecast projected the benchmark unit sales estimate
for 2012 to be 33,979,000 units. The NEMA-provided shipment data
reported shipments of 12,373,000 2,601-3,300 lumen general service
incandescent lamps in 2012. As this finding is 36.4 percent of the
estimate, DOE will continue to track 2,601-3,300 lumen general service
incandescent lamp sales data and will not initiate regulatory action
for this lamp type at this time.
E. Shatter-Resistant Lamps
For shatter-resistant lamps, the exponential growth forecast
projected the benchmark unit sales estimate for 2012 to be 1,663,000
units. The NEMA-provided shipment data reported shipments of 1,455,000
shatter-resistant lamps in 2012. As this finding is only 87.5 percent
of the estimate, DOE will continue to track shatter-resistant lamp
sales data and will not initiate regulatory action for this lamp type
at this time.
V. Conclusion
None of the shipments for rough service lamps, vibration service
lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service
incandescent lamps, or shatter-resistant lamps crossed the statutory
threshold for a standard. DOE will monitor the situation for these five
currently exempted lamp types and will reassess 2013 sales by March 31,
2014, in order to determine whether an energy conservation standards
rulemaking is required, consistent with 42 U.S.C. 6295(l)(4)(D)-(H).
Issued in Washington, DC, on March 5, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-05770 Filed 3-12-13; 8:45 am]
BILLING CODE 6450-01-P
