Energy Conservation Program: Test Procedures for Fluorescent Lamp Ballasts, 5896-5900 [2015-02150]
Download as PDF
5896
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
period starting October 1, 2014, and ending
September 30, 2015. Institutions are listed
alphabetically under the state of the school’s
location, with the campus indicated where
applicable.
Santa Fe Community College
University of New Mexico—Main Campus
Western New Mexico University
DEPARTMENT OF ENERGY
New York (4)
[Docket No. EERE–2009–BT–TP–0016]
Arizona (4)
Cochise College
Glendale Community College
Phoenix College
Pima Community College
CUNY Bronx Community College
CUNY LaGuardia Community College
CUNY Lehman College
SUNY Westchester Community College
RIN 1904–AB99
California (39)
Allan Hancock College
Antioch University-Los Angeles
Bakersfield College
California State University—Channel Islands
California State University—East Bay
California State University—Fresno
California State University—San Bernardino
Chaffey College
College of San Mateo
College of the Desert
College of the Sequoias
Fullerton College
Golden West College
Hartnell College
Imperial Valley College
Long Beach City College
Los Angeles City College
Los Angeles Pierce College
Mendocino College
Merced College
MiraCosta College
Modesto Junior College
Monterey Peninsula College
Mt. San Antonio College
Mt. San Jacinto Community College District
National University
Orange Coast College
Pacific Union College
Porterville College
Reedley College
San Diego Mesa College
San Joaquin Delta College
Santa Ana College
Santa Barbara City College
Southwestern College
University of California—Riverside
Victor Valley College
West Hills College Coalinga
Whittier College
Bayamon Central University
Instituto Tecnologico de Puerto Rico—Manati
Inter American University of Puerto Rico—
Aguadilla
Inter American University of Puerto Rico—
Bayamon
Inter American University of Puerto Rico—
Metro
Inter American University of Puerto Rico—
Ponce
Inter American University of Puerto Rico—
San German
Pontifical Catholic University of Puerto
Rico—Ponce
Universidad Del Turabo
Universidad Metropolitana
University of Puerto Rico—Arecibo
University of Puerto Rico—Humacao
University of Puerto Rico—Medical Sciences
Campus
University of Puerto Rico—Rio Piedras
Campus
University of Puerto Rico—Utuado
Puerto Rico (15)
Colorado (1)
Trinidad State Junior College
Florida (3)
Florida International University
Miami Dade College
Nova Southeastern University
Illinois (2)
City Colleges of Chicago—Harold
Washington College
Dominican University
tkelley on DSK3SPTVN1PROD with RULES
Nevada (1)
College of Southern Nevada
New Mexico (8)
Eastern New Mexico University—Main
Campus
Mesalands Community College
New Mexico Highlands University
New Mexico Institute of Mining and
Technology
Northern New Mexico College
VerDate Sep<11>2014
20:27 Feb 03, 2015
Jkt 235001
Texas (21)
Houston Community College
Lee College
Midland College
Palo Alto College
Richland College
Saint Edward’s University
St. Mary’s University
San Antonio College
Southwest Texas Junior College
Texas A&M International University
Texas A&M University—Corpus Christi
Texas A&M University—Kingsville
Texas State Technical College—Harlingen
Texas State University
University of Texas at Arlington
University of Texas at Brownsville
University of Texas at El Paso
University of Texas at San Antonio
University of Texas—Pan American
University of Houston
University of the Incarnate Word
Washington (3)
Big Bend Community College
Columbia Basin College
Wenatchee Valley College
Done in Washington, DC, this 23rd day of
January, 2015.
Sonny Ramaswamy,
Director, National Institute of Food and
Agriculture.
[FR Doc. 2015–02143 Filed 2–3–15; 8:45 am]
BILLING CODE 3410–22–P
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
10 CFR Part 430
Energy Conservation Program: Test
Procedures for Fluorescent Lamp
Ballasts
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
On October 21, 2014, the U.S.
Department of Energy (DOE) issued a
notice of proposed rulemaking (NOPR)
to amend the test procedures for
fluorescent lamp ballasts. That NOPR
serves as the basis for this action. This
final rule amends DOE’s regulations
concerning the test procedures for the
measurement of energy consumption for
fluorescent lamp ballasts. Specifically,
these amendments clarify the
requirement to use the test procedures
in Appendix Q1 to demonstrate
compliance with the energy
conservation standards that apply to
fluorescent lamp ballasts manufactured
on or after November 14, 2014. These
revisions follow the intent of the
fluorescent lamp ballast test procedure
final rule to support any new or revised
energy conservation standards at the
time those standards require
compliance. This final rule also corrects
the formula for power factor, which
contained a mathematical error as
adopted in that final rule.
DATES: The effective date of this rule is
March 6, 2015. Compliance will be
mandatory starting August 3, 2015.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at regulations.gov. All
documents in the docket are listed in
the regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
A link to the docket Web page can be
found at: https://www1.eere.energy.gov/
buildings/appliance_standards/product.
aspx/productid/62. This Web page will
contain a link to the docket for this
notice on the regulations.gov site. The
regulations.gov Web page will contain
simple instructions on how to access all
documents, including public comments,
in the docket.
For further information on how to
review the docket, contact Ms. Brenda
SUMMARY:
E:\FR\FM\04FER1.SGM
04FER1
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
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–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1604. Email:
fluorescent_lamp_ballasts@ee.doe.gov.
Ms. Sarah Butler, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–1777. Email:
Sarah.Butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
tkelley on DSK3SPTVN1PROD with RULES
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
N. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975 (‘‘EPCA’’
or, ‘‘the Act’’), Public Law 94–163 (42
U.S.C. 6291–6309, as codified) sets forth
a variety of provisions designed to
improve energy efficiency and
established the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles.’’ 2 These include
fluorescent lamp ballasts, the subject of
this notice. (42 U.S.C. 6292(a)(13))
Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. The testing requirements
consist of test procedures that
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
2 All references to EPCA refer to the statute as
amended through the American Energy
Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112–210 (Dec. 18, 2012).
VerDate Sep<11>2014
20:27 Feb 03, 2015
Jkt 235001
manufacturers of covered products must
use as the basis for (1) certifying to the
Department of Energy (DOE) that their
products comply with the applicable
energy conservation standards adopted
under EPCA, and (2) making
representations about the efficiency of
those products. Similarly, DOE must use
these test procedures to determine
whether the products comply with any
relevant standards promulgated under
EPCA.
DOE published a test procedure final
rule on May 4, 2011 (hereafter the ‘‘May
2011 test procedure final rule’’)
establishing revised active mode test
procedures for fluorescent lamp ballasts.
76 FR 25211. The May 2011 test
procedure final rule established
appendix Q1 to subpart B of Title 10 of
the Code of Federal Regulations (CFR)
part 430. DOE also published a final
rule adopting new and revised energy
conservation standards for fluorescent
lamp ballasts on November 14, 2011
(hereafter the ‘‘November 2011
standards final rule’’), which completed
the second energy conservation
standard rulemaking required under 42
U.S.C. 6295(g)(7). 76 FR 70548. The
November 2011 standards final rule
established the regulations located at 10
CFR 430.32(m)(8)–(10).
II. Synopsis of the Final Rule
This final rule amends the current
DOE test procedures for fluorescent
lamp ballasts. DOE discovered an error
in the formula for power factor located
in 10 CFR part 430, subpart B, appendix
Q1. DOE is correcting that formula. DOE
is also updating 10 CFR 430.23 to reflect
the requirement to determine
compliance with the November 2014
standards by testing in accordance with
Appendix Q1. This revision follows the
intent of the May 2011 test procedure
final rule to support any new or revised
energy conservation standards at the
time those standards require
compliance. 76 FR 25211, 25213 (May 4,
2011).
III. Discussion
In the November 2011 standards final
rule, DOE amended existing energy
conservation standards and adopted
standards for additional ballasts. 76 FR
70548. The new and amended standards
were based on ballast luminous
efficiency (BLE) and apply to all
products listed in the table of BLE
standards, codified at 10 CFR
430.32(m)(8)(iii)(C). DOE required
compliance with these BLE standards
on November 14, 2014.
In the notice of proposed rulemaking
(NOPR) published on October 21, 2014,
DOE proposed two changes to the
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
5897
fluorescent lamp ballast test procedure.
79 FR 62894. First, DOE proposed to
revise 10 CFR 430.23 to clarify the
requirement to use the test procedures
in Appendix Q1 to demonstrate
compliance with the new and revised
energy conservation standards that
apply to fluorescent lamp ballasts
manufactured on or after November 14,
2014, codified at 10 CFR 430.32(m)(8)–
(10). DOE noted that these revisions
follow the intent of the May 2011 test
procedure final rule that new Appendix
Q1 is to support the new and revised
energy conservation standards adopted
in the November 2011 standards final
rule. DOE did not include these
revisions at the time of the May 2011
test procedure final rule because the
standards and associated compliance
date of the subsequent standards final
rule were not yet known. Second, DOE
also proposed to revise Appendix Q1 to
correct an error in the formula for
calculating power factor as adopted in
the May 2011 test procedure final rule.
The National Electrical Manufacturers
Association (NEMA) commented that it
supports the proposed changes to 10
CFR part 430 noting that the revisions
improve and clarify the existing
procedures. (NEMA, No. 25 at p. 1) 3
Based on the reasons provided in the
NOPR and in light of no negative
comments, DOE is adopting the
revisions to 10 CFR 430.23 clarifying the
requirements to use the test procedures
in Appendix Q1 on or after November
14, 2014 and to Appendix Q1 correcting
the power factor formula.
In any rulemaking to amend test
procedures, DOE must determine to
what extent, if any, the proposed test
procedures would alter the measured
energy efficiency of any covered
products as determined under the
existing test procedures. (42 U.S.C.
6293(e)(1)) Because the changes adopted
in this final rule simply provide
clarification, these revisions do not alter
the measured energy efficiency of the
covered products measured by this test
procedure.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(OMB) has determined that test
procedure rulemakings do not constitute
‘‘significant regulatory actions’’ under
section 3(f) of Executive Order 12866,
3 A notation in the form ‘‘NEMA, No. 25 at p. 1’’
identifies a written comment that DOE has received
and has included in the docket of this rulemaking.
This particular notation refers to a comment: (1)
Submitted by NEMA; (2) in document number 25
of the docket, and (3) on page 1 of that document.
E:\FR\FM\04FER1.SGM
04FER1
5898
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under
the Executive Order by the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget.
tkelley on DSK3SPTVN1PROD with RULES
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (IFRA) for any rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site: https://energy.gov/
gc/office-general-counsel.
This rulemaking clarifies existing
requirements for testing and compliance
with energy conservation standards and
does not change the burden associated
with fluorescent lamp ballast
regulations on any entity large or small.
Therefore, DOE has determined that this
rulemaking does not have a significant
economic impact on a substantial
number of small entities.
Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
rulemaking. DOE’s certification and
supporting statement of factual basis
will be provided to the Chief Counsel
for Advocacy of the Small Business
Administration (SBA) for review under
5 U.S.C. 605(b). DOE certifies that this
rule has no significant impact on a
substantial number of small entities.
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of fluorescent lamp
ballasts must certify to DOE that their
products comply with any applicable
energy conservation standards. In
certifying compliance, manufacturers
must test their products according to the
DOE test procedures for fluorescent
lamp ballasts, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
VerDate Sep<11>2014
20:27 Feb 03, 2015
Jkt 235001
fluorescent lamp ballasts. (76 FR 12422
(March 7, 2011). The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 30 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. 65 FR 13735. DOE
examined this final rule and determined
that it will not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of this final rule.
States can petition DOE for exemption
from such preemption to the extent, and
based on criteria, set forth in EPCA. (42
U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE amends its test
procedure for fluorescent lamp ballasts.
DOE has determined that this rule falls
into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, this rule amends an
existing rule without affecting the
amount, quality or distribution of
energy usage, and, therefore, will not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to
any rulemaking that interprets or
amends an existing rule without
changing the environmental effect of
that rule. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
F. Review Under Executive Order 12988
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
E:\FR\FM\04FER1.SGM
04FER1
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at https://energy.
gov/gc/office-general-counsel. DOE
examined this final rule according to
UMRA and its statement of policy and
determined that the rule contains
neither an intergovernmental mandate,
nor a mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
tkelley on DSK3SPTVN1PROD with RULES
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
VerDate Sep<11>2014
20:27 Feb 03, 2015
Jkt 235001
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
this final rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that: (1) Is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
5899
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
This final rule does not revise the
existing incorporation of industry
standards regarding fluorescent lamp
ballasts. Therefore, DOE concludes that
the requirements of section 32(b) of the
FEAA, (i.e., that the standards were
developed in a manner that fully
provides for public participation,
comment, and review) do not apply to
this rulemaking.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
N. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on January 28,
2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal
Regulations as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.23 is amended by
revising paragraph (q) to read as follows:
■
E:\FR\FM\04FER1.SGM
04FER1
5900
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations
*
*
*
*
*
(q) Fluorescent Lamp Ballasts. (1)
Calculate the estimated annual energy
consumption (EAEC) for fluorescent
lamp ballasts, expressed in kilowatthours per year, by multiplying together
the following values:
(i) The input power in kilowatts
measured in accordance with section
2.5.1.6 of appendix Q1 to this part; and
(ii) The representative average use
cycle of 1,000 hours per year. Round the
Where:
Input power is determined in accordance
with section 2.5.1.6 of this appendix, input
voltage is determined in accordance with
section 2.5.1.7 of this appendix, and input
current is determined in accordance with
section 2.5.1.8 of this appendix.
*
*
*
*
*
[FR Doc. 2015–02150 Filed 2–3–15; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–0099; Directorate
Identifier 2014–CE–039–AD; Amendment
39–18082; AD 2015–02–15]
RIN 2120–AA64
Airworthiness Directives; Quest
Aircraft Design, LLC Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
Quest Aircraft Design, LLC Model
KODIAK 100 airplanes. This AD
requires inspecting the inboard upper
and lower elevator skins for cracking,
repairing cracks, and installing
doublers. This AD was prompted by a
report that fatigue cracks were found in
the lower elevator skins. We are issuing
this AD to correct the unsafe condition
on these products.
DATES: This AD is effective February 19,
2015.
The Director of the Federal Register
approved the incorporation by reference
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:27 Feb 03, 2015
Jkt 235001
resulting product to the nearest
kilowatt-hour per year.
(2) Calculate ballast luminous
efficiency (BLE) using section 2.6.1 of
appendix Q1 to this subpart.
(3) Calculate the estimated annual
operating cost (EAOC) for fluorescent
lamp ballasts, expressed in dollars per
year, by multiplying together the
following values:
(i) The representative average unit
energy cost of electricity in dollars per
kilowatt-hour as provided by the
Secretary,
(ii) The representative average use
cycle of 1,000 hours per year, and
(iii) The input power in kilowatts
measured in accordance with section
2.5.1.6 of appendix Q1 to this part.
Round the resulting product to the
nearest dollar per year.
*
*
*
*
*
■ 3. Appendix Q1 to subpart B of part
430 is amended by revising section 2.6.2
to read as follows:
of certain publications listed in this AD
as of February 19, 2015.
We must receive comments on this
AD by March 23, 2015.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Quest Aircraft Design,
LLC, 1200 Turbine Drive, Sandpoint,
Idaho 83864; telephone: (208) 263–1111;
toll free: (866) 263–1112; fax: (208) 263–
1511; CustomerService@
QuestAircraft.com;
www.questaircraft.com. You may review
copies of the referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (phone: 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Jason Deutschman, Aerospace Engineer,
Seattle Aircraft Certification Office,
FAA, 1601 Lind Avenue SW., Renton,
Washington 98057; phone: (425) 917–
6595; fax: (425) 917–6590; email:
jason.deutschman@faa.gov.
SUPPLEMENTARY INFORMATION:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0099; or in person at the Docket
Management Facility between 9 a.m.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Appendix Q1 to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Fluorescent
Lamp Ballasts
*
*
*
*
*
2.6.2. Calculate Power Factor (PF).
Discussion
We received a report that an operator
found two cracks in the lower elevator
skin, one per elevator, while performing
a preflight walk-around inspection on a
Quest Aircraft Design, LLC Model
KODIAK 100 airplane.
The trailing edge skin has a built-in
joggle to maintain the aerodynamic
profile of the surface in the presence of
a skin lap. The joggle causes the skin to
straighten under tension loads and
buckle under compression loads. We
have determined that secondary
bending stresses at the joggle are the
direct cause of the cracking.
This condition, if not corrected, could
cause failure of the elevator skins to
sustain limit load, which could result in
loss of elevator control, elevator flutter,
or loss of elevator. We are issuing this
AD to correct the unsafe condition on
these products.
Relevant Service Information
We reviewed Quest Aircraft KODIAK
Mandatory Service Bulletin SB 14–09,
E:\FR\FM\04FER1.SGM
04FER1
ER04FE15.181
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
Agencies
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5896-5900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02150]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2009-BT-TP-0016]
RIN 1904-AB99
Energy Conservation Program: Test Procedures for Fluorescent Lamp
Ballasts
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On October 21, 2014, the U.S. Department of Energy (DOE)
issued a notice of proposed rulemaking (NOPR) to amend the test
procedures for fluorescent lamp ballasts. That NOPR serves as the basis
for this action. This final rule amends DOE's regulations concerning
the test procedures for the measurement of energy consumption for
fluorescent lamp ballasts. Specifically, these amendments clarify the
requirement to use the test procedures in Appendix Q1 to demonstrate
compliance with the energy conservation standards that apply to
fluorescent lamp ballasts manufactured on or after November 14, 2014.
These revisions follow the intent of the fluorescent lamp ballast test
procedure final rule to support any new or revised energy conservation
standards at the time those standards require compliance. This final
rule also corrects the formula for power factor, which contained a
mathematical error as adopted in that final rule.
DATES: The effective date of this rule is March 6, 2015. Compliance
will be mandatory starting August 3, 2015.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at regulations.gov. All
documents in the docket are listed in the regulations.gov index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
A link to the docket Web page can be found at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/62. This Web page will contain a link to the docket for this
notice on the regulations.gov site. The regulations.gov Web page will
contain simple instructions on how to access all documents, including
public comments, in the docket.
For further information on how to review the docket, contact Ms.
Brenda
[[Page 5897]]
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-5B, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 287-1604. Email:
fluorescent_lamp_ballasts@ee.doe.gov.
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: Sarah.Butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (``EPCA'' or, ``the Act''), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to
improve energy efficiency and established the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' \2\ These
include fluorescent lamp ballasts, the subject of this notice. (42
U.S.C. 6292(a)(13))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA refer to the statute as amended
through the American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
covered products must use as the basis for (1) certifying to the
Department of Energy (DOE) that their products comply with the
applicable energy conservation standards adopted under EPCA, and (2)
making representations about the efficiency of those products.
Similarly, DOE must use these test procedures to determine whether the
products comply with any relevant standards promulgated under EPCA.
DOE published a test procedure final rule on May 4, 2011 (hereafter
the ``May 2011 test procedure final rule'') establishing revised active
mode test procedures for fluorescent lamp ballasts. 76 FR 25211. The
May 2011 test procedure final rule established appendix Q1 to subpart B
of Title 10 of the Code of Federal Regulations (CFR) part 430. DOE also
published a final rule adopting new and revised energy conservation
standards for fluorescent lamp ballasts on November 14, 2011 (hereafter
the ``November 2011 standards final rule''), which completed the second
energy conservation standard rulemaking required under 42 U.S.C.
6295(g)(7). 76 FR 70548. The November 2011 standards final rule
established the regulations located at 10 CFR 430.32(m)(8)-(10).
II. Synopsis of the Final Rule
This final rule amends the current DOE test procedures for
fluorescent lamp ballasts. DOE discovered an error in the formula for
power factor located in 10 CFR part 430, subpart B, appendix Q1. DOE is
correcting that formula. DOE is also updating 10 CFR 430.23 to reflect
the requirement to determine compliance with the November 2014
standards by testing in accordance with Appendix Q1. This revision
follows the intent of the May 2011 test procedure final rule to support
any new or revised energy conservation standards at the time those
standards require compliance. 76 FR 25211, 25213 (May 4, 2011).
III. Discussion
In the November 2011 standards final rule, DOE amended existing
energy conservation standards and adopted standards for additional
ballasts. 76 FR 70548. The new and amended standards were based on
ballast luminous efficiency (BLE) and apply to all products listed in
the table of BLE standards, codified at 10 CFR 430.32(m)(8)(iii)(C).
DOE required compliance with these BLE standards on November 14, 2014.
In the notice of proposed rulemaking (NOPR) published on October
21, 2014, DOE proposed two changes to the fluorescent lamp ballast test
procedure. 79 FR 62894. First, DOE proposed to revise 10 CFR 430.23 to
clarify the requirement to use the test procedures in Appendix Q1 to
demonstrate compliance with the new and revised energy conservation
standards that apply to fluorescent lamp ballasts manufactured on or
after November 14, 2014, codified at 10 CFR 430.32(m)(8)-(10). DOE
noted that these revisions follow the intent of the May 2011 test
procedure final rule that new Appendix Q1 is to support the new and
revised energy conservation standards adopted in the November 2011
standards final rule. DOE did not include these revisions at the time
of the May 2011 test procedure final rule because the standards and
associated compliance date of the subsequent standards final rule were
not yet known. Second, DOE also proposed to revise Appendix Q1 to
correct an error in the formula for calculating power factor as adopted
in the May 2011 test procedure final rule.
The National Electrical Manufacturers Association (NEMA) commented
that it supports the proposed changes to 10 CFR part 430 noting that
the revisions improve and clarify the existing procedures. (NEMA, No.
25 at p. 1) \3\ Based on the reasons provided in the NOPR and in light
of no negative comments, DOE is adopting the revisions to 10 CFR 430.23
clarifying the requirements to use the test procedures in Appendix Q1
on or after November 14, 2014 and to Appendix Q1 correcting the power
factor formula.
---------------------------------------------------------------------------
\3\ A notation in the form ``NEMA, No. 25 at p. 1'' identifies a
written comment that DOE has received and has included in the docket
of this rulemaking. This particular notation refers to a comment:
(1) Submitted by NEMA; (2) in document number 25 of the docket, and
(3) on page 1 of that document.
---------------------------------------------------------------------------
In any rulemaking to amend test procedures, DOE must determine to
what extent, if any, the proposed test procedures would alter the
measured energy efficiency of any covered products as determined under
the existing test procedures. (42 U.S.C. 6293(e)(1)) Because the
changes adopted in this final rule simply provide clarification, these
revisions do not alter the measured energy efficiency of the covered
products measured by this test procedure.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866,
[[Page 5898]]
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
Order by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: https://energy.gov/gc/office-general-counsel.
This rulemaking clarifies existing requirements for testing and
compliance with energy conservation standards and does not change the
burden associated with fluorescent lamp ballast regulations on any
entity large or small. Therefore, DOE has determined that this
rulemaking does not have a significant economic impact on a substantial
number of small entities.
Accordingly, DOE has not prepared a regulatory flexibility analysis
for this rulemaking. DOE's certification and supporting statement of
factual basis will be provided to the Chief Counsel for Advocacy of the
Small Business Administration (SBA) for review under 5 U.S.C. 605(b).
DOE certifies that this rule has no significant impact on a substantial
number of small entities.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of fluorescent lamp ballasts must certify to DOE that
their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for fluorescent lamp
ballasts, including any amendments adopted for those test procedures.
DOE has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including fluorescent lamp ballasts. (76 FR 12422 (March 7,
2011). The collection-of-information requirement for the certification
and recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 30 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE amends its test procedure for fluorescent
lamp ballasts. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this rule
amends an existing rule without affecting the amount, quality or
distribution of energy usage, and, therefore, will not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any
rulemaking that interprets or amends an existing rule without changing
the environmental effect of that rule. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE examined this final rule and determined
that it will not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. EPCA governs and prescribes Federal preemption of State
regulations as to energy conservation for the products that are the
subject of this final rule. States can petition DOE for exemption from
such preemption to the extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive
Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
[[Page 5899]]
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
This final rule does not revise the existing incorporation of
industry standards regarding fluorescent lamp ballasts. Therefore, DOE
concludes that the requirements of section 32(b) of the FEAA, (i.e.,
that the standards were developed in a manner that fully provides for
public participation, comment, and review) do not apply to this
rulemaking.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
Issued in Washington, DC, on January 28, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal Regulations as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.23 is amended by revising paragraph (q) to read as
follows:
[[Page 5900]]
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(q) Fluorescent Lamp Ballasts. (1) Calculate the estimated annual
energy consumption (EAEC) for fluorescent lamp ballasts, expressed in
kilowatt-hours per year, by multiplying together the following values:
(i) The input power in kilowatts measured in accordance with
section 2.5.1.6 of appendix Q1 to this part; and
(ii) The representative average use cycle of 1,000 hours per year.
Round the resulting product to the nearest kilowatt-hour per year.
(2) Calculate ballast luminous efficiency (BLE) using section 2.6.1
of appendix Q1 to this subpart.
(3) Calculate the estimated annual operating cost (EAOC) for
fluorescent lamp ballasts, expressed in dollars per year, by
multiplying together the following values:
(i) The representative average unit energy cost of electricity in
dollars per kilowatt-hour as provided by the Secretary,
(ii) The representative average use cycle of 1,000 hours per year,
and
(iii) The input power in kilowatts measured in accordance with
section 2.5.1.6 of appendix Q1 to this part. Round the resulting
product to the nearest dollar per year.
* * * * *
0
3. Appendix Q1 to subpart B of part 430 is amended by revising section
2.6.2 to read as follows:
Appendix Q1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Fluorescent Lamp Ballasts
* * * * *
2.6.2. Calculate Power Factor (PF).
[GRAPHIC] [TIFF OMITTED] TR04FE15.181
Where:
Input power is determined in accordance with section 2.5.1.6 of
this appendix, input voltage is determined in accordance with
section 2.5.1.7 of this appendix, and input current is determined in
accordance with section 2.5.1.8 of this appendix.
* * * * *
[FR Doc. 2015-02150 Filed 2-3-15; 8:45 am]
BILLING CODE 6450-01-P