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</GPH> § 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]


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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.

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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
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