Energy Conservation Program: Test Procedures for Certain Categories of General Service Lamps, 14631-14640 [2016-04551]
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Vol. 81
Thursday,
No. 52
March 17, 2016
Part III
Department of Energy
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10 CFR Parts 429 and 430
Energy Conservation Program: Test Procedures for Certain Categories of
General Service Lamps; Proposed Rule
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Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Proposed Rules
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE–2016–BT–TP–0005]
RIN 1904–AD64
Energy Conservation Program: Test
Procedures for Certain Categories of
General Service Lamps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to establish test
procedures for certain categories of
general service lamps (GSLs) to support
the ongoing energy conservation
standards rulemaking. Specifically, this
rulemaking proposes new test
procedures for determining the initial
lumen output, input power, lamp
efficacy, power factor, and standby
mode power of GSLs that are not
integrated light emitting diode (LED)
lamps, compact florescent lamps (CFLs),
or general service incandescent lamps
(GSILs). DOE is also proposing
clarifying references to the existing
lamp test procedures and sampling
plans for determining the represented
values of integrated LED lamps, CFLs,
and GSILs.
DATES: DOE will accept comments, data,
and information regarding this notice of
proposed rulemaking (NOPR) no later
than April 18, 2016. See section V,
‘‘Public Participation,’’ for details.
ADDRESSES: Any comments submitted
must identify the NOPR for Test
Procedures for Certain Categories of
General Service Lamps, and provide
docket number and/or regulatory
information number (RIN) 1904–AD64.
Comments may be submitted using any
of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: GSL2016TP0005@
ee.doe.gov. Include the docket number
EERE–2016–BT–TP–0005 and/or RIN
1904–AD64 in the subject line of the
message.
3. Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
CD, in which case it is not necessary to
include printed copies.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Office, 950
L’Enfant Plaza SW., Suite 600,
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SUMMARY:
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Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD, in which case
it is not necessary to include printed
copies.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this NOPR, ‘‘Public
Participation.’’
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
regulations.gov. All documents in the
docket are listed in the
www.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=82. This Web
page will link to the docket for this
notice on the www.regulations.gov site.
The www.regulations.gov site will
contain simple instructions on how to
access all documents, including public
comments, in the docket. See section V,
‘‘Public Participation,’’ for information
on how to submit comments through
www.regulations.gov.
Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1604. Email:
Lucy.deButts@ee.doe.gov.
Ms. Celia Sher, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 287–6122. Email:
celia.sher@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, contact Ms.
Brenda Edwards at (202) 586–2945 or by
email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
intends to incorporate by reference the
following industry standards into 10
CFR part 430:
(1) CIE S 025/E:2015 (‘‘CIE S025’’),
‘‘International Standard: Test Method
for LED Lamps, LED Luminaires and
LED Modules.’’
Copies of CIE S025 can be obtained
from Commission Internationale de
l’Eclairage, Central Bureau, Kegelgasse
27, A–1030, Vienna, Austria, 011, or by
going to www.techstreet.com/cie.
FOR FURTHER INFORMATION CONTACT:
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(2) IES LM–20–13, ‘‘IES Approved
Method for Photometry of Reflector
Type Lamps.’’
(3) IES LM–45–15, ‘‘IES Approved
Method for the Electrical and
Photometric Measurement of General
Service Incandescent Filament Lamps.’’
Copies of IES LM–20–13 and IES LM–
45–15 can be obtained from
Illuminating Engineering Society of
North America, 120 Wall Street, Floor
17, New York, NY 10005–4001, or by
going to www.ies.org/store.
See section IV.M for a further
discussion of these standards.
Table of Contents
I. Authority and Background
II. Synopsis of the Notice of Proposed
Rulemaking
III. Discussion
A. Scope of Applicability
B. Proposed Method for Determining Initial
Lumen Output, Input Power, Lamp
Efficacy, and Power Factor
C. Proposed Method for Determining
Standby Mode Power
D. Laboratory Accreditation
E. Represented Values, Certification, and
Rounding Requirements
F. Effective Date and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
1. Estimated Small Business Burden
2. Duplication, Overlap, and Conflict With
Other Rules and Regulations
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Proposed to be
Incorporated by Reference
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and
Conservation Act of 1975 (42 U.S.C.
6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’) sets
forth a variety of provisions designed to
improve energy efficiency. All
references to EPCA refer to the statute
as amended through the Energy
Efficiency Improvement Act of 2015
(EEIA 2015), Public Law 114–11 (April
30, 2015). Part B of title III, which for
editorial reasons was redesignated as
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Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Proposed Rules
Part A upon incorporation into the U.S.
Code (42 U.S.C. 6291–6309, as codified),
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles.’’ This program
includes general service lamps, the
subject of this NOPR.
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 DOE
that their products comply with the
applicable energy conservation
standards adopted under EPCA (42
U.S.C. 6295(s)) and (2) making
representations about the energy use or
efficiency of the products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
DOE is developing energy
conservation standards for general
service lamps (GSLs) and has issued a
notice of proposed rulemaking
published elsewhere in this issue of the
Federal Register. In support of that
rulemaking, this NOPR proposes test
procedures for certain categories of
GSLs that manufacturers of those lamps
would be required to use to assess
performance relative to any potential
energy conservation standards the
lamps must comply with in the future.
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
(42 U.S.C. 6293(b)) EPCA provides, in
relevant part, that any test procedures
prescribed or amended under this
section shall be reasonably designed to
produce test results that measure energy
efficiency, energy use, or estimated
annual operating cost of a covered
product during a representative average
use cycle or period of use and shall not
be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) Pursuant to this
authority, DOE proposes to prescribe
test procedures for certain categories of
GSLs in support of the ongoing GSL
standards rulemaking.
Finally, EPCA directs DOE to amend
its test procedures for all covered
products to integrate measures of
standby mode and off mode energy
consumption, if technically feasible. (42
U.S.C. 6295(gg)(2)(A)) Standby mode
and off mode energy must be
incorporated into the overall energy
efficiency, energy consumption, or other
energy descriptor for each covered
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product unless the current test
procedures already account for and
incorporate standby and off mode
energy consumption or such integration
is technically infeasible. If an integrated
test procedure is technically infeasible,
DOE must prescribe a separate standby
mode and off mode energy use test
procedure for the covered product. Id.
Any such amendment must consider the
most current versions of the IEC
Standard 62301 and IEC Standard
62087, as applicable. DOE has
tentatively determined that general
service lamps can operate in standby
mode but not in off mode. Consistent
with EPCA’s requirement, DOE
proposes to address measurement of
standby mode power in Appendix CC,
as detailed in section III.C of this NOPR.
II. Synopsis of the Notice of Proposed
Rulemaking
In this NOPR, DOE proposes test
procedures for determining initial
lumen output, input power, lamp
efficacy, power factor, and standby
mode power for certain categories of
GSLs for which DOE does not have an
existing regulatory test procedure. DOE
also notes that representations of energy
efficiency must be based on testing in
accordance with this rulemaking, if
adopted, beginning 180 days after the
publication of the final rule.
III. Discussion
A. Scope of Applicability
The term GSL includes general
service incandescent lamps, compact
fluorescent lamps (CFLs), general
service light-emitting diode (LED)
lamps, organic light-emitting diode
(OLED) lamps, and any other lamps that
the Secretary determines are used to
satisfy lighting applications
traditionally served by general service
incandescent lamps (GSILs). 10 CFR
430.2. In its ongoing energy
conservation standards rulemaking,
DOE is proposing to include in the
definition for general service lamp a
lamp that has an ANSI base, operates at
any voltage, has an initial lumen output
of 310 lumens or greater (or 232 lumens
or greater for modified spectrum general
service incandescent lamps), is not a
light fixture, is not an LED downlight
retrofit kit, and is used in general
lighting applications.1 In this NOPR,
1 The definition also specified several
exemptions, including: General service fluorescent
lamps; incandescent reflector lamps; mercury vapor
lamps; appliance lamps; black light lamps; bug
lamps; colored lamps; infrared lamps; marine signal
lamps; mine service lamps; plant light lamps; sign
service lamps; traffic signal lamps; and medium
screw base incandescent lamps that are left-hand
thread lamps, marine lamps, reflector lamps, rough
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DOE proposes test procedures for
certain categories of general service
lamps that do not have existing DOE
regulatory procedures and clarifies
references to the existing DOE
regulatory procedures for integrated
LED lamps, CFLs, and GSILs.
B. Proposed Method for Determining
Initial Lumen Output, Input Power,
Lamp Efficacy, and Power Factor
As described in the previous section,
the term general service lamp includes
many types of lamps using varying
lighting technologies. Several of the
lamp types included in the definition
currently must comply with energy
conservation standards and therefore
test procedures already exist for these
lamps. GSILs are required to comply
with the energy conservation standards
in 10 CFR 430.32(x) and test procedures
for these lamps are in Appendix R to
subpart B of part 430. Medium base
compact fluorescent lamps (MBCFLs)
must comply with standards in 10 CFR
430.32(u) and test procedures for these
lamps are in Appendix W. In a separate
test procedure rulemaking, DOE has
proposed revised test procedures for
MBCFLs as well as new test procedures
for all other compact fluorescent lamps.
80 FR 45724 (July 31, 2015). The
updated and new test procedures will
appear at Appendix W. In addition,
DOE has proposed new test procedures
for integrated LED lamps. 80 FR 39644
(July 9, 2015). Although integrated LED
lamps are not currently required to
comply with energy conservation
standards, DOE is proposing standards
for them in the ongoing energy
conservation standards rulemaking for
GSLs. The test procedures for integrated
LED lamps are proposed to be located in
new Appendix BB.
If DOE test procedures already exist or
have been proposed in an ongoing
rulemaking (such as for general service
incandescent lamps, compact
fluorescent lamps, and integrated LED
lamps), DOE proposes to reference, in
this rulemaking, those specific
provisions. For all other general service
lamps, DOE proposes new test
procedures in this rulemaking. For the
new test procedures, DOE proposes to
reference the most recent versions of
service lamps, shatter-resistant lamps (including a
shatter-proof lamp and a shatter-protected lamp),
silver bowl lamps, showcase lamps, 3-way
incandescent lamps, vibration service lamps, G
shape lamps as defined in ANSI C78.20 and ANSI
C79.1–2002 with a diameter of 5 inches or more,
T shape lamps as defined in ANSI C78.20 and ANSI
C79.1–2002 and that use not more than 40 watts or
have a length of more than 10 inches, and B, BA,
CA, F, G16–1/2, G–25, G30, S, or M–14 lamps as
defined in ANSI C79.1–2002 and ANSI C78.20 of
40 watts or less.
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relevant industry standards. Table III.1
summarizes the test procedures that
DOE is proposing for general service
lamps, largely based on the lighting
technology that they use.
TABLE III.1—TEST PROCEDURES FOR GENERAL SERVICE LAMPS BASED ON LIGHTING TECHNOLOGY
Lamp type
Referenced test procedure
General service incandescent lamps .......................................................
Compact fluorescent lamps ......................................................................
Integrated LED lamps ...............................................................................
Other incandescent lamps that are not reflector lamps ...........................
Other incandescent lamps that are reflector lamps .................................
Other fluorescent lamps ...........................................................................
OLED lamps .............................................................................................
Non-integrated LED lamps .......................................................................
The test procedures for general
service lamps that do not have existing
DOE test procedures would be
contained in a new Appendix CC.
Appendix CC would contain methods
for determining initial lumen output,
input power, lamp efficacy, and power
factor. Energy conservation standards
for general service lamps, described in
the ongoing energy conservation
standards rulemaking, are in terms of
lamp efficacy, expressed in lumens per
watt (lm/W). Initial lumen output and
input power are measured quantities
used to calculate lamp efficacy. As
described in section IV.F.2.b of the
NOPR in the ongoing energy
conservation standards rulemaking for
GSLs, DOE has determined that power
factor impacts energy use. Therefore,
DOE also proposes test procedures for
power factor in Appendix CC.
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C. Proposed Method for Determining
Standby Mode Power
As described in section I, EPCA
directs DOE to amend its test
procedures for all covered products to
integrate measures of standby mode and
off mode energy consumption, if
technically feasible. (42 U.S.C.
6295(gg)(2)(A)) This notice proposes
both active mode and standby mode test
procedures for general service lamps.
DOE does not propose a test procedure
for off mode energy consumption
because DOE determined that it is not
possible for GSLs included in the scope
of the proposed energy conservation
standards rulemaking to meet the offmode criteria. There is no condition in
which a GSL connected to main power
is not already in a mode accounted for
in either active or standby mode.
EPCA section 325(gg)(2)(A) directs
DOE to establish test procedures for
standby mode operation ‘‘taking into
consideration the most current versions
of Standards 62301 and 62087 of the
International Electrotechnical
Commission . . .’’ (42 U.S.C.
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Appendix R to Subpart B of 10 CFR 430
Appendix W to Subpart B of 10 CFR 430
Appendix BB to Subpart B of 10 CFR 430
IES LM–45–15, sections 4–7*
IES LM–20–13, sections 4–8*
IES LM–9–09, sections 4–6*
IES LM–79–08, sections 2–9.2*
CIE S025, sections 4–6*
6295(gg)(2)(A)) IEC Standard 62087
applies only to audio, video, and related
equipment, but not to lighting
equipment. As IEC Standard 62087 does
not apply to this rulemaking, DOE is
proposing to use the standby mode test
procedures outlined in IEC Standard
62301, which applies generally to
household electrical appliances.
Referencing IEC 62301 is consistent
with the proposed standby mode test
procedures for compact fluorescent
lamps and integrated LED lamps. 80 FR
45724, 45738 (July 31, 2015) and 80 FR
39644, 39654 (July 9, 2015).
D. Laboratory Accreditation
DOE proposes in this document to
require that testing of initial lumen
output, input power, lamp efficacy,
power factor, and standby mode power
(if applicable) for general service lamps
be conducted by test laboratories
accredited by the National Voluntary
Laboratory Accreditation Program
(NVLAP) or an accrediting organization
recognized by the International
Laboratory Accreditation Cooperation
(ILAC). NVLAP is a member of ILAC, so
test data collected by any laboratory
accredited by an accrediting body
recognized by ILAC would be
acceptable. Testing for other regulated
lighting products (such as general
service fluorescent lamps, incandescent
reflector lamps, and fluorescent lamp
ballasts), in addition to general service
lamps that must already comply with
energy conservation standards (such as
general service incandescent lamps and
medium base compact fluorescent
lamps), must also be conducted in a
similarly accredited facility. 10 CFR
430.25.
E. Represented Values, Certification,
and Rounding Requirements
DOE is proposing to create a new
section for general service lamps, 10
CFR 429.57, to provide sampling,
represented value, certification, and
rounding requirements. Existing
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sampling procedures in 10 CFR part 429
are referenced, where applicable. If a
test procedure does not currently exist,
sampling and represented value
calculations reference the existing DOE
test procedure with the most similar
lamp technology. For example,
sampling and represented value
calculations for OLED lamps are to be as
described in section 10 CFR 429.56, the
section that addresses integrated LED
lamps.
DOE also proposes certification and
rounding requirements to include the
relevant metrics for general service
lamps. Rounding requirements are
consistent with those for general service
incandescent lamps and those proposed
for compact fluorescent lamps and
integrated LED lamps. 80 FR 45724,
45752 (July 31, 2015) and 80 FR 39644,
39665 (July 9, 2015).
F. Effective Date and Compliance Dates
If adopted, the effective date for the
new test procedures proposed in this
NOPR would be 30 days after
publication of the GSL test procedure
final rule in the Federal Register. More
specifically, for GSLs that are not
integrated LED lamps, CFLs, or GSILs,
the effective date of the new test
procedure upon adoption would be 30
days after a final rule would be
published in the Federal Register.
Pursuant to EPCA, manufacturers of
covered products would be required to
use the applicable test procedure as the
basis for determining that their products
comply with the applicable energy
conservation standards and for making
representations about the efficiency of
those products. (42 U.S.C. 6293(c); 42
U.S.C. 6295(s)) For those energy
efficiency or consumption metrics
covered by the DOE test procedure (i.e.,
the test method and sampling plan),
manufacturers must make
representations, including certification
of compliance with an applicable
standard, in accordance with the DOE
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test procedure no later than 180 days
after publication of a final rule in the
Federal Register (referred to as the
‘‘compliance date’’).
DOE proposes that after the effective
date and prior to the compliance date of
a GSL test procedure final rule,
manufacturers may voluntarily begin to
make representations with respect to the
energy use or efficiency of GSLs that are
not integrated LED lamps, CFLs, and
GSILs using the results of testing
pursuant to that final rule. On or after
180 days after publication of a final rule,
any representations, including
certifications of compliance (if
required), made with respect to the
energy use or efficiency of GSLs that are
not integrated LED lamps, CFLs, and
GSILs would be required to be made in
accordance with the results of testing
pursuant to the new test procedures.
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,
‘‘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 OMB.
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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 (IRFA) 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
(Aug. 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.
DOE reviewed the test procedures for
GSLs proposed in this NOPR under the
provisions of the Regulatory Flexibility
Act and the procedures and policies
published on February 19, 2003. DOE
certifies that the proposed rule, if
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adopted, would not have a significant
economic impact on a substantial
number of small entities. The factual
basis for this certification is set forth in
the following paragraphs.
1. Estimated Small Business Burden
The Small Business Administration
(SBA) considers a business entity to be
a small business, if, together with its
affiliates, it employs less than a
threshold number of workers specified
in 13 CFR part 121. These size standards
and codes are established by the North
American Industry Classification
System (NAICS). Manufacturing of GSLs
is classified under NAICS 335110,
‘‘Electric Lamp Bulb and Part
Manufacturing.’’ The SBA sets a
threshold of 1,000 employees or less for
an entity to be considered as a small
business for this category.
To estimate the number of companies
that could be small businesses that sell
GSLs, DOE conducted a market survey
using publicly available information.
DOE’s research involved information
provided by trade associations (e.g., the
National Electrical Manufacturers’
Association) and information from
DOE’s Compliance Certification
Management System (CCMS) Database,
the Environmental Protection Agency’s
ENERGY STAR Certified Light Bulbs
Database, LED Lighting Facts Database,
previous rulemakings, individual
company Web sites, SBA’s database,
and market research tools (e.g., Hoover’s
reports). DOE screened out companies
that do not meet the definition of a
‘‘small business’’ or are completely
foreign owned and operated. DOE
identified approximately 118 small
businesses that sell GSLs in the United
States.
In this NOPR, DOE proposes test
procedures for determining initial
lumen output, input power, lamp
efficacy, power factor, and standby
power of GSLs. Several of the lamp
types included in the definition of
general service lamp must already
comply with energy conservation
standards and therefore test procedures
already exist for these lamps. If DOE test
procedures already exist or have been
proposed in an ongoing rulemaking
(such as for general service
incandescent lamps, compact
fluorescent lamps, and integrated LED
lamps), DOE proposes to reference them
directly. For all other general service
lamps, DOE proposes new test
procedures in this rulemaking. For the
new test procedures, DOE proposes to
reference the most recent versions of
relevant industry standards.
In this section, DOE estimates the
testing costs and burden associated with
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conducting testing according to the new
test procedures proposed in this NOPR
for general service lamps. DOE did not
consider the costs and burdens
associated with DOE test procedures
that already exist or that have been
proposed in other ongoing rulemakings
because these have been or are being
addressed separately. In this section,
DOE assesses elements (testing
methodology, testing times, and sample
size) in the newly proposed test
procedures that could affect costs
associated with complying with this
rule. The following is an analysis of
both in-house and third party testing
costs associated with this proposed
rulemaking.
DOE estimates that the labor costs
associated with conducting in-house
testing of initial lumen output, input
power, and standby mode power is
$41.68 per hour. DOE determined that
calculating efficacy and power factor of
a GSL would not result in any
incremental testing burden beyond the
cost of conducting the initial lumen
output and input power testing. The
cost of labor was then calculated by
multiplying the estimated hours of labor
by the hourly labor rate. For lamps not
capable of operating in standby mode,
DOE estimated that testing in-house in
accordance with Appendix CC would
require, at most, four hours per lamp by
an electrical engineering technician. For
lamps capable of operating in standby
mode, DOE estimated that testing time
would increase to five hours per lamp
due to the additional standby mode
power consumption test. DOE believes
that these estimates are representative of
the time it would take to test the most
labor intensive technology, LED lamps.
In total, DOE estimates that using the
test method prescribed in this NOPR to
determine initial light output and input
power would result in an estimated
labor burden of $1,670 per basic model
of certain GSLs and $2,080 per basic
model of certain GSLs that can operate
in standby mode.
Because NVLAP 1 imposes a variety of
fees during the accreditation process,
including fixed administrative fees,
variable assessment fees, and
proficiency testing fees, DOE included
the costs associated with maintaining a
NVLAP-accredited facility or a facility
accredited by an organization
recognized by NVLAP. In the first year,
for manufacturers without NVLAP
accreditation who choose to test inhouse, DOE estimated manufacturers on
1 As discussed in section III.D, laboratories can be
accredited by any accreditation body that is a
signatory member to the ILAC MRA. DOE based its
estimate of the costs associated with accreditation
on the NVLAP accreditation body.
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average would experience a maximum
total cost burden of about $2,210 per
basic model tested or $2,630 per basic
model with standby mode power
consumption testing.2
Additionally, DOE requested pricing
from independent testing laboratories
for testing GSLs. DOE estimated the cost
for testing at an independent laboratory
to be up to $1,070 per basic model. This
estimate includes the cost of
accreditation as quotes were obtained
from accredited laboratories.
DOE notes that its proposed test
procedures directly reference existing
industry standards that have been
approved for widespread use by lamp
manufacturers and test laboratories. The
quantities that are directly measured,
namely initial lumen output and input
power, are commonly reported by the
manufacturer on product packaging and
on product specification sheets. Thus,
testing for these quantities is already
being conducted. Additionally, these
quantities are required to be reported to
ENERGY STAR if manufacturers certify
the lamps as meeting the program
requirements. Standby mode power
consumption is also a reported quantity
for the ENERGY STAR program, though
it may not be a commonly reported
value for lamps that are not certified
with ENERGY STAR. In reviewing the
lamps for which DOE is proposing new
test procedures in this rulemaking, DOE
notes that very few products can operate
in standby mode and therefore very few
products would be required to make
representations of standby mode energy
consumption according to the test
procedures proposed in this rulemaking.
Although DOE has proposed to require
that all testing be conducted in
accredited laboratories, DOE believes
that many manufacturers of these
products have already accredited their
own in-house laboratories because they
also make products such as general
service incandescent lamps and
medium base compact fluorescent
lamps that are required to be tested in
similarly accredited laboratories.
The final cost per manufacturer
primarily depends on the number of
basic models the manufacturer sells.
These are not annual costs because DOE
does not require manufacturers to retest
a basic model annually. The initial test
results used to generate a certified rating
for a basic model remain valid as long
as the basic model has not been
modified from the tested design in a
way that makes it less efficient or more
consumptive, which would require a
2 NVLAP costs are fixed and were distributed
based on an estimate of 28 basic models per
manufacturer.
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change to the certified rating. If a
manufacturer has modified a basic
model in a way that makes it more
efficient or less consumptive, new
testing is required only if the
manufacturer wishes to make
representations of the new, more
efficient rating.
For the reasons described in this
section, DOE tentatively concludes and
certifies that the new proposed test
procedures would not have a
‘‘significant economic impact on a
substantial number of small entities,’’
and the preparation of an IRFA is not
warranted. DOE will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the SBA for review under
5 U.S.C. 605(b).
lamps, so it will not affect 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. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
C. Review Under the Paperwork
Reduction Act of 1995
DOE established regulations for the
certification and recordkeeping
requirements for certain covered
consumer products and commercial
equipment. 10 CFR part 429, subpart B.
This collection-of-information
requirement was approved by OMB
under OMB control number 1910–1400.
DOE requested OMB approval of an
extension of this information collection
for three years, specifically including
the collection of information proposed
in the present rulemaking, and
estimated that the annual number of
burden hours under this extension is 30
hours per company. In response to
DOE’s request, OMB approved DOE’s
information collection requirements
covered under OMB control number
1910–1400 through November 30, 2017.
80 FR 5099 (January 30, 2015).
Notwithstanding any other provision
of the law, no person is required to
respond to, nor must 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.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 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 has
examined this proposed rule and has
determined that it would 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
proposed 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 proposed rule, DOE proposes
test procedures for certain categories of
GSLs that will be used to support the
ongoing GSL standards rulemaking.
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 proposed rule adopts
existing industry test procedures for
certain categories of general service
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
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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, the proposed
rule meets the relevant standards of
Executive Order 12988.
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
proposed regulatory action likely to
result 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-generalcounsel. DOE examined this proposed
rule according to UMRA and its
statement of policy, and DOE
determined that the rule contains
neither an intergovernmental mandate
nor a mandate that may result in the
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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
rule would 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
would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
J. Review Under the 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 proposed 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 proposed
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
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Administrator of OIRA as a significant
energy action. For any proposed
significant energy action, the agency
must give a detailed statement of any
adverse effects on energy supply,
distribution, or use should the proposal
be implemented, and of reasonable
alternatives to the action and their
expected benefits on energy supply,
distribution, and use.
This regulatory action to propose test
procedures for certain categories of
GSLs 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 FTC concerning the impact of the
commercial or industry standards on
competition.
The proposed test procedures
incorporate testing methods contained
in the following commercial standards:
(1) CIE S025, ‘‘International Standard:
Test Method for LED Lamps, LED
Luminaires and LED Modules,’’ 2015;
(2) IES LM–45–15, ‘‘IES Approved
Method for the Electrical and
Photometric Measurement of General
Service Incandescent Filament Lamps,’’
2015;
(3) IES LM–20–13, ‘‘IES Approved
Method for Photometry of Reflector
Type Lamps,’’ 2013;
(4) IES LM–79–08, ‘‘Approved
Method: Electrical and Photometric
Measurements of Solid-State Lighting
Products,’’ 2008;
(5) IES LM–9–09, ‘‘IES Approved
Method for the Electrical and
Photometric Measurement of
Fluorescent Lamps,’’ 2009; and
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(6) IEC Standard 62301 (Edition 2.0),
‘‘Household electrical appliances—
Measurement of standby power,’’ 2011.
DOE has evaluated these standards
and is unable to conclude whether they
fully comply with the requirements of
section 32(b) of the FEAA (i.e., that they
were developed in a manner that fully
provides for public participation,
comment, and review). DOE will
consult with the Attorney General and
the Chairman of the FTC concerning the
impact of these test procedures on
competition, prior to prescribing a final
rule.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
M. Description of Materials Proposed To
Be Incorporated by Reference
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by CIE, titled
‘‘International Standard: Test Method
for LED Lamps, LED Luminaires and
LED Modules,’’ CIE S025. CIE S025 is an
internationally accepted test standard
that specifies test procedures for
measuring electrical and photometric
characteristics of LED lamps, LED
luminaires, and LED modules. The test
procedures proposed in this NOPR
reference sections of CIE S025 for
performing electrical and photometric
measurements of non-integrated LED
lamps. CIE S025 is readily available on
CIE’s Web site at www.techstreet.com/
cie.
DOE also proposes to incorporate by
reference the test standard published by
IES, titled ‘‘IES Approved Method for
the Electrical and Photometric
Measurement of General Service
Incandescent Filament Lamps,’’ IES
LM–45–15. IES LM–45–15 is an
industry accepted test standard that
specifies procedures to be observed in
performing measurements of electrical
and photometric characteristics of
general service incandescent filament
lamps under standard conditions. The
test procedures proposed in this NOPR
reference sections of IES LM–45–15 for
performing electrical and photometric
measurements of general service
incandescent filament lamps. IES LM–
45–15 is readily available on IES’s Web
site at www.ies.org/store/.
DOE also proposes to incorporate by
reference the test standard published by
IES, titled ‘‘IES Approved Method for
Photometry of Reflector Type Lamps,’’
IES LM–20–13. IES LM–20–13 is an
industry accepted test standard that
specifies photometric test methods for
reflector lamps. The test procedures
proposed in this NOPR reference
sections of IES LM–20–13 for
performing electrical and photometric
measurements of reflector lamps. IES
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LM–20–13 is readily available on IES’s
Web site at www.ies.org/store.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule no later than the date provided in
the DATES section at the beginning of
this NOPR. Interested parties may
submit comments, data, and other
information using any of the methods
described in the ADDRESSES section at
the beginning of this NOPR.
Submitting comments via
regulations.gov. The regulations.gov
Web page will require you to provide
your name and contact information.
Your contact information will be
viewable to DOE Building Technologies
staff only. Your contact information will
not be publicly viewable except for your
first and last names, organization name
(if any), and submitter representative
name (if any). If your comment is not
processed properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(CBI)). Comments submitted through
regulations.gov cannot be claimed as
CBI. Comments received through the
Web site will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through regulations.gov before posting.
Normally, comments will be posted
within a few days of being submitted.
However, if large volumes of comments
are being processed simultaneously,
your comment may not be viewable for
up to several weeks. Please keep the
comment tracking number that
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regulations.gov provides after you have
successfully uploaded your comment.
Submitting comments via email, hand
delivery, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
regulations.gov. If you do not want your
personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery, please
provide all items on a CD, if feasible. It
is not necessary to submit printed
copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
One copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
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treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
B. Issues on Which DOE Seeks Comment
Although comments are welcome on
all aspects of this proposed rulemaking,
DOE is particularly interested in
comments on the following issues.
(1) DOE requests comment on the
appropriateness of the industry
standards referenced in its proposed test
methods for certain categories of general
service lamps for which DOE test
procedures do not currently exist.
(2) DOE requests comment in its
proposed test method for standby mode
power consumption.
(3) DOE requests comment on
requiring that testing for general service
lamps be conducted in laboratories
accredited by NVLAP or an accrediting
organization recognized by the
International Laboratory Accreditation
Cooperation (ILAC).
(4) DOE requests comment on its
tentative conclusion that the proposed
test procedures will not have a
significant economic impact on a
substantial number of small entities.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this proposed rule.
List of Subjects
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10 CFR Part 429
Confidential business information,
Energy conservation, Household
appliances, Imports, Reporting and
recordkeeping requirements.
10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
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Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on February 26
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE proposes to amend parts
429 and 430 of chapter II of title 10, of
the Code of Federal Regulations, as set
forth below:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317.
2. Section 429.57 is added to read as
follows:
■
§ 429.57
General service lamps.
(a) Determination of represented
value. Manufacturers must determine
represented values, which includes
certified ratings, for each basic model of
general service lamp in accordance with
following sampling provisions.
(1) The requirements of § 429.11 are
applicable to general service lamps, and
(2) For general service incandescent
lamps, use § 429.27(a);
(3) For compact fluorescent lamps,
use § 429.35(a);
(4) For integrated LED lamps, use
§ 429.56(a) (proposed in the LED Test
Procedure SNOPR, 80 FR 39644, 39664–
65 (July 9, 2015));
(5) For other incandescent lamps, use
§ 429.27(a);
(6) For other fluorescent lamps, use
§ 429.35(a); and
(7) For OLED lamps and nonintegrated LED lamps, use § 429.56(a)
(proposed in the LED Test Procedure
SNOPR at 80 FR 39664–39665).
(b) Certification reports.
(1) The requirements of § 429.12 are
applicable to general service lamps;
(2) Values reported in certification
reports are represented values;
(3) For general service incandescent
lamps, use § 429.27(b);
(4) For compact fluorescent lamps,
use § 429.35(b);
(5) For integrated LED lamps, use
§ 429.56(b) (proposed in the LED Test
Procedure SNOPR at 80 FR 39664–
39665); and
(6) For other incandescent lamps, for
other fluorescent lamps, for OLED
lamps and non-integrated LED lamps,
pursuant to § 429.12(b)(13), a
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certification report must include the
following public product-specific
information: The testing laboratory’s
NVLAP identification number or other
NVLAP-approved accreditation
identification, initial lumen output,
input power, and lamp efficacy.
(c) Rounding requirements.
(1) Round input power to the nearest
tenth of a watt.
(2) Round initial lumen output to
three significant digits.
(3) Round lamp efficacy to the nearest
tenth of a lumen per watt.
(4) Round power factor to the nearest
hundredths place.
(5) Round standby mode power to the
nearest tenth of a watt.
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
3. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C.6291–6309; 28 U.S.C.
2461 note.
4. Section 430.3 is amended by:
a. Adding paragraph (l)(3);
b. Redesignating paragraphs (o)(5),
(o)(6), (o)(7), (o)(8), and (o)(9) as (o)(6),
(o)(8), (o)(9), (o)(10), and (o)(11)
respectively;
■ c. Adding new paragraphs (o)(5) and
(o)(7);
■ d. Removing the words ‘‘appendices
R, V, and V1’’ in paragraph (o)(2) and
adding in its place the words,
‘‘appendices R, V, V1, and CC’’;
■ e. Removing the words ‘‘appendix
V1’’ in newly redesignated paragraph
(o)(11) and adding in its place the words
‘‘appendices V1 and CC’’; and
■ f. Removing the words ‘‘X1 and Z’’ in
paragraph (p)(4) and adding in its place
the words, ‘‘X1, Z, and CC’’.
The additions read as follows:
■
■
■
§ 430.3 Materials incorporated by
reference.
*
*
*
*
*
(l) * * *
(3) CIE S 025/E:2015 (‘‘CIE S025’’),
International Standard: Test Method for
LED Lamps, LED Luminaires and LED
Modules, 2015; IBR approved for
appendix CC to subpart B.
*
*
*
*
*
(o) * * *
(5) IES LM–20–13, IES Approved
Method: Photometry of Reflector Type
Lamps, approved February 4, 2013; IBR
approved for appendix CC to subpart B.
*
*
*
*
*
(7) IES LM–45–15, (‘‘IES LM–45–15’’),
IES Approved Method: Electrical and
Photometric Measurement of General
Service Incandescent Filament Lamps,
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Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Proposed Rules
approved August 8, 2015; IBR approved
for appendix CC to subpart B.
*
*
*
*
*
■ 5. Section 430.23 as proposed to be
amended on July 9, 2015 80 FR 39644,
is further amended by adding paragraph
(ee) to read as follows:
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
*
*
*
*
*
(ee) General Service Lamps.
(1) For general service incandescent
lamps, measure lamp efficacy in
accordance with paragraph (r) of this
section.
(2) For compact fluorescent lamps,
measure lamp efficacy, lumen
maintenance at 1,000 hours, lumen
maintenance at 40 percent of lifetime,
rapid cycle stress, time to failure, power
factor, CRI, start time, and standby
mode power in accordance with
paragraph (y) of this section.
(3) For integrated LED lamps, measure
lamp efficacy, power factor, and standby
mode power in accordance with
paragraph (dd) (proposed in the LED
Test Procedure SNOPR, 80 FR at 39665)
of this section.
(4) For other incandescent lamps,
measure initial light output, input
power, lamp efficacy, power factor, and
standby mode power in accordance with
appendix CC of this subpart.
(5) For other fluorescent lamps,
measure initial light output, input
power, lamp efficacy, power factor, and
standby mode power in accordance with
appendix CC of this subpart.
(6) For OLED and non-integrated LED
lamps, measure initial light output,
input power, lamp efficacy, power
factor, and standby mode power in
accordance with appendix CC of this
subpart.
■ 6. Section 430.25 is revised to read as
follows:
§ 430.25 Laboratory Accreditation
Program.
The testing for general service
fluorescent lamps, general service lamps
(with the exception of applicable
lifetime testing), incandescent reflector
lamps, and fluorescent lamp ballasts
must be conducted by test laboratories
accredited by an Accreditation Body
that is a signatory member to the
International Laboratory Accreditation
Cooperation (ILAC) Mutual Recognition
Arrangement (MRA). A manufacturer’s
or importer’s own laboratory, if
accredited, may conduct the applicable
testing.
■ 7. Appendix CC to subpart B of part
430 [(Appendix BB was proposed at 80
FR 39644, 39666, July 9, 2015)] is added
to read as follows:
Appendix CC to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption and Energy
Efficiency of General Service Lamps
That Are Not General Service
Incandescent Lamps, Compact
Fluorescent Lamps, or Integrated LED
Lamps.
Note: On or after [DATE 180 DAYS AFTER
DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], any
representations, including certifications of
compliance (if required), made with respect
to the energy use or efficiency of general
service lamps that are not general service
incandescent lamps, compact fluorescent
lamps, or integrated LED lamps must be
made in accordance with the results of
testing pursuant to this appendix.
1. Scope: This appendix specifies the test
methods required to measure the initial
lumen output, input power, lamp efficacy,
power factor, and standby mode energy
consumption of general service lamps that
are not general service incandescent lamps,
compact fluorescent lamps, or integrated LED
lamps.
2. Definitions
Measured initial input power means the
input power to the lamp, measured after the
lamp is stabilized and seasoned (if
applicable), and expressed in watts (W).
Measured initial lumen output means the
lumen output of the lamp measured after the
lamp is stabilized and seasoned (if
applicable), and expressed in lumens (lm).
Power factor means the measured initial
input power (watts) divided by the product
of the input voltage (volts) and the input
current (amps) measured at the same time as
the initial input power.
3. Active Mode Test Procedures
3.1. Take measurements at full light
output.
3.2. Do not use a goniophotometer.
3.3. Operate the lamp at the rated voltage
throughout testing. For lamps with multiple
rated voltages including 120 volts, operate
the lamp at 120 volts. If a lamp is not rated
for 120 volts, operate the lamp at the highest
rated input voltage.
3.4. Operate the lamp at the maximum
input power. If multiple modes occur at the
same maximum input power (such as
variable CCT or CRI), the manufacturer may
select any of these modes for testing;
however, all measurements must be taken at
the same selected mode. The manufacturer
must indicate in the test report which mode
was selected for testing and include detail
such that another laboratory could operate
the lamp in the same mode.
3.5. To measure initial lumen output, input
power, input voltage, and input current use
the test procedures in the table in this
section.
TABLE 3.1—REFERENCES TO INDUSTRY STANDARD TEST PROCEDURES
Lamp type
Referenced test procedure
Other incandescent lamps that are not reflector lamps ..........................................
Other incandescent lamps that are reflector lamps ................................................
Other fluorescent lamps ..........................................................................................
OLED lamps ............................................................................................................
Non-integrated LED lamps ......................................................................................
IES LM–45–15, sections 4–7 *
IES LM–20–13, sections 4–8 *
IES LM–9–09, sections 4–6 *
IES LM–79–08, sections 2–9.2 *
CIE S025, sections 4–6 *
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
* (incorporated by reference, see § 430.3)
3.6. Determine initial lamp efficacy by
dividing the measured initial lumen output
(lumens) by the measured initial input power
(watts).
3.7. Determine power factor by dividing
the measured initial input power (watts) by
the product of the measured input voltage
(volts) and measured input current (amps).
4. Standby Mode Test Procedure
4.1. Measure standby mode power only for
lamps that are capable of standby mode
operation.
VerDate Sep<11>2014
19:12 Mar 16, 2016
Jkt 238001
4.2. Connect the lamp to the manufacturerspecified wireless control network (if
applicable) and configure the lamp in
standby mode by sending a signal to the lamp
instructing it to have zero light output. Lamp
must remain connected to the network
throughout testing.
4.3. Operate the lamp at the rated voltage
throughout testing. For lamps with multiple
rated voltages including 120 volts, operate
the lamp at 120 volts. If a lamp is not rated
for 120 volts, operate the lamp at the highest
rated input voltage.
PO 00000
Frm 00010
Fmt 4701
Sfmt 9990
4.4. Stabilize the lamp prior to
measurement as specified in section 5.0 of
IEC 62301 (incorporated by reference; see
§ 430.3).
4.5. Measure the standby mode power in
watts as specified in section 5 of IEC 62301
(incorporated by reference; see § 430.3).
[FR Doc. 2016–04551 Filed 3–16–16; 8:45 am]
BILLING CODE 6450–01–P
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Agencies
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Proposed Rules]
[Pages 14631-14640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04551]
[[Page 14631]]
Vol. 81
Thursday,
No. 52
March 17, 2016
Part III
Department of Energy
-----------------------------------------------------------------------
10 CFR Parts 429 and 430
Energy Conservation Program: Test Procedures for Certain Categories of
General Service Lamps; Proposed Rule
Federal Register / Vol. 81 , No. 52 / Thursday, March 17, 2016 /
Proposed Rules
[[Page 14632]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE-2016-BT-TP-0005]
RIN 1904-AD64
Energy Conservation Program: Test Procedures for Certain
Categories of General Service Lamps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to establish test
procedures for certain categories of general service lamps (GSLs) to
support the ongoing energy conservation standards rulemaking.
Specifically, this rulemaking proposes new test procedures for
determining the initial lumen output, input power, lamp efficacy, power
factor, and standby mode power of GSLs that are not integrated light
emitting diode (LED) lamps, compact florescent lamps (CFLs), or general
service incandescent lamps (GSILs). DOE is also proposing clarifying
references to the existing lamp test procedures and sampling plans for
determining the represented values of integrated LED lamps, CFLs, and
GSILs.
DATES: DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) no later than April 18, 2016. See
section V, ``Public Participation,'' for details.
ADDRESSES: Any comments submitted must identify the NOPR for Test
Procedures for Certain Categories of General Service Lamps, and provide
docket number and/or regulatory information number (RIN) 1904-AD64.
Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: GSL2016TP0005@ee.doe.gov. Include the docket number EERE-
2016-BT-TP-0005 and/or RIN 1904-AD64 in the subject line of the
message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Office, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD, in which case it is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this NOPR,
``Public Participation.''
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at regulations.gov. All documents in the docket are listed in
the www.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=82. This Web page will link to the docket for
this notice on the www.regulations.gov site. The www.regulations.gov
site will contain simple instructions on how to access all documents,
including public comments, in the docket. See section V, ``Public
Participation,'' for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 287-1604. Email:
Lucy.deButts@ee.doe.gov.
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6122. Email: celia.sher@hq.doe.gov.
For further information on how to submit a comment, review other
public comments and the docket, contact Ms. Brenda Edwards at (202)
586-2945 or by email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: DOE intends to incorporate by reference the
following industry standards into 10 CFR part 430:
(1) CIE S 025/E:2015 (``CIE S025''), ``International Standard: Test
Method for LED Lamps, LED Luminaires and LED Modules.''
Copies of CIE S025 can be obtained from Commission Internationale
de l'Eclairage, Central Bureau, Kegelgasse 27, A-1030, Vienna, Austria,
011, or by going to www.techstreet.com/cie.
(2) IES LM-20-13, ``IES Approved Method for Photometry of Reflector
Type Lamps.''
(3) IES LM-45-15, ``IES Approved Method for the Electrical and
Photometric Measurement of General Service Incandescent Filament
Lamps.''
Copies of IES LM-20-13 and IES LM-45-15 can be obtained from
Illuminating Engineering Society of North America, 120 Wall Street,
Floor 17, New York, NY 10005-4001, or by going to www.ies.org/store.
See section IV.M for a further discussion of these standards.
Table of Contents
I. Authority and Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Proposed Method for Determining Initial Lumen Output, Input
Power, Lamp Efficacy, and Power Factor
C. Proposed Method for Determining Standby Mode Power
D. Laboratory Accreditation
E. Represented Values, Certification, and Rounding Requirements
F. Effective Date and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
1. Estimated Small Business Burden
2. Duplication, Overlap, and Conflict With Other Rules and
Regulations
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Proposed to be Incorporated by
Reference
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act'') sets forth a variety of
provisions designed to improve energy efficiency. All references to
EPCA refer to the statute as amended through the Energy Efficiency
Improvement Act of 2015 (EEIA 2015), Public Law 114-11 (April 30,
2015). Part B of title III, which for editorial reasons was
redesignated as
[[Page 14633]]
Part A upon incorporation into the U.S. Code (42 U.S.C. 6291-6309, as
codified), establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles.'' This program includes general
service lamps, the subject of this NOPR.
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 DOE that
their products comply with the applicable energy conservation standards
adopted under EPCA (42 U.S.C. 6295(s)) and (2) making representations
about the energy use or efficiency of the products (42 U.S.C. 6293(c)).
Similarly, DOE must use these test procedures to determine whether the
products comply with any relevant standards promulgated under EPCA. (42
U.S.C. 6295(s))
DOE is developing energy conservation standards for general service
lamps (GSLs) and has issued a notice of proposed rulemaking published
elsewhere in this issue of the Federal Register. In support of that
rulemaking, this NOPR proposes test procedures for certain categories
of GSLs that manufacturers of those lamps would be required to use to
assess performance relative to any potential energy conservation
standards the lamps must comply with in the future.
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. (42 U.S.C. 6293(b)) EPCA provides, in relevant part,
that any test procedures prescribed or amended under this section shall
be reasonably designed to produce test results that measure energy
efficiency, energy use, or estimated annual operating cost of a covered
product during a representative average use cycle or period of use and
shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
Pursuant to this authority, DOE proposes to prescribe test procedures
for certain categories of GSLs in support of the ongoing GSL standards
rulemaking.
Finally, EPCA directs DOE to amend its test procedures for all
covered products to integrate measures of standby mode and off mode
energy consumption, if technically feasible. (42 U.S.C. 6295(gg)(2)(A))
Standby mode and off mode energy must be incorporated into the overall
energy efficiency, energy consumption, or other energy descriptor for
each covered product unless the current test procedures already account
for and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product. Id. Any
such amendment must consider the most current versions of the IEC
Standard 62301 and IEC Standard 62087, as applicable. DOE has
tentatively determined that general service lamps can operate in
standby mode but not in off mode. Consistent with EPCA's requirement,
DOE proposes to address measurement of standby mode power in Appendix
CC, as detailed in section III.C of this NOPR.
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes test procedures for determining initial
lumen output, input power, lamp efficacy, power factor, and standby
mode power for certain categories of GSLs for which DOE does not have
an existing regulatory test procedure. DOE also notes that
representations of energy efficiency must be based on testing in
accordance with this rulemaking, if adopted, beginning 180 days after
the publication of the final rule.
III. Discussion
A. Scope of Applicability
The term GSL includes general service incandescent lamps, compact
fluorescent lamps (CFLs), general service light-emitting diode (LED)
lamps, organic light-emitting diode (OLED) lamps, and any other lamps
that the Secretary determines are used to satisfy lighting applications
traditionally served by general service incandescent lamps (GSILs). 10
CFR 430.2. In its ongoing energy conservation standards rulemaking, DOE
is proposing to include in the definition for general service lamp a
lamp that has an ANSI base, operates at any voltage, has an initial
lumen output of 310 lumens or greater (or 232 lumens or greater for
modified spectrum general service incandescent lamps), is not a light
fixture, is not an LED downlight retrofit kit, and is used in general
lighting applications.\1\ In this NOPR, DOE proposes test procedures
for certain categories of general service lamps that do not have
existing DOE regulatory procedures and clarifies references to the
existing DOE regulatory procedures for integrated LED lamps, CFLs, and
GSILs.
---------------------------------------------------------------------------
\1\ The definition also specified several exemptions, including:
General service fluorescent lamps; incandescent reflector lamps;
mercury vapor lamps; appliance lamps; black light lamps; bug lamps;
colored lamps; infrared lamps; marine signal lamps; mine service
lamps; plant light lamps; sign service lamps; traffic signal lamps;
and medium screw base incandescent lamps that are left-hand thread
lamps, marine lamps, reflector lamps, rough service lamps, shatter-
resistant lamps (including a shatter-proof lamp and a shatter-
protected lamp), silver bowl lamps, showcase lamps, 3-way
incandescent lamps, vibration service lamps, G shape lamps as
defined in ANSI C78.20 and ANSI C79.1-2002 with a diameter of 5
inches or more, T shape lamps as defined in ANSI C78.20 and ANSI
C79.1-2002 and that use not more than 40 watts or have a length of
more than 10 inches, and B, BA, CA, F, G16-1/2, G-25, G30, S, or M-
14 lamps as defined in ANSI C79.1-2002 and ANSI C78.20 of 40 watts
or less.
---------------------------------------------------------------------------
B. Proposed Method for Determining Initial Lumen Output, Input Power,
Lamp Efficacy, and Power Factor
As described in the previous section, the term general service lamp
includes many types of lamps using varying lighting technologies.
Several of the lamp types included in the definition currently must
comply with energy conservation standards and therefore test procedures
already exist for these lamps. GSILs are required to comply with the
energy conservation standards in 10 CFR 430.32(x) and test procedures
for these lamps are in Appendix R to subpart B of part 430. Medium base
compact fluorescent lamps (MBCFLs) must comply with standards in 10 CFR
430.32(u) and test procedures for these lamps are in Appendix W. In a
separate test procedure rulemaking, DOE has proposed revised test
procedures for MBCFLs as well as new test procedures for all other
compact fluorescent lamps. 80 FR 45724 (July 31, 2015). The updated and
new test procedures will appear at Appendix W. In addition, DOE has
proposed new test procedures for integrated LED lamps. 80 FR 39644
(July 9, 2015). Although integrated LED lamps are not currently
required to comply with energy conservation standards, DOE is proposing
standards for them in the ongoing energy conservation standards
rulemaking for GSLs. The test procedures for integrated LED lamps are
proposed to be located in new Appendix BB.
If DOE test procedures already exist or have been proposed in an
ongoing rulemaking (such as for general service incandescent lamps,
compact fluorescent lamps, and integrated LED lamps), DOE proposes to
reference, in this rulemaking, those specific provisions. For all other
general service lamps, DOE proposes new test procedures in this
rulemaking. For the new test procedures, DOE proposes to reference the
most recent versions of
[[Page 14634]]
relevant industry standards. Table III.1 summarizes the test procedures
that DOE is proposing for general service lamps, largely based on the
lighting technology that they use.
Table III.1--Test Procedures for General Service Lamps Based on Lighting
Technology
------------------------------------------------------------------------
Lamp type Referenced test procedure
------------------------------------------------------------------------
General service incandescent lamps..... Appendix R to Subpart B of 10
CFR 430
Compact fluorescent lamps.............. Appendix W to Subpart B of 10
CFR 430
Integrated LED lamps................... Appendix BB to Subpart B of 10
CFR 430
Other incandescent lamps that are not IES LM-45-15, sections 4-7*
reflector lamps.
Other incandescent lamps that are IES LM-20-13, sections 4-8*
reflector lamps.
Other fluorescent lamps................ IES LM-9-09, sections 4-6*
OLED lamps............................. IES LM-79-08, sections 2-9.2*
Non-integrated LED lamps............... CIE S025, sections 4-6*
------------------------------------------------------------------------
The test procedures for general service lamps that do not have
existing DOE test procedures would be contained in a new Appendix CC.
Appendix CC would contain methods for determining initial lumen output,
input power, lamp efficacy, and power factor. Energy conservation
standards for general service lamps, described in the ongoing energy
conservation standards rulemaking, are in terms of lamp efficacy,
expressed in lumens per watt (lm/W). Initial lumen output and input
power are measured quantities used to calculate lamp efficacy. As
described in section IV.F.2.b of the NOPR in the ongoing energy
conservation standards rulemaking for GSLs, DOE has determined that
power factor impacts energy use. Therefore, DOE also proposes test
procedures for power factor in Appendix CC.
C. Proposed Method for Determining Standby Mode Power
As described in section I, EPCA directs DOE to amend its test
procedures for all covered products to integrate measures of standby
mode and off mode energy consumption, if technically feasible. (42
U.S.C. 6295(gg)(2)(A)) This notice proposes both active mode and
standby mode test procedures for general service lamps. DOE does not
propose a test procedure for off mode energy consumption because DOE
determined that it is not possible for GSLs included in the scope of
the proposed energy conservation standards rulemaking to meet the off-
mode criteria. There is no condition in which a GSL connected to main
power is not already in a mode accounted for in either active or
standby mode.
EPCA section 325(gg)(2)(A) directs DOE to establish test procedures
for standby mode operation ``taking into consideration the most current
versions of Standards 62301 and 62087 of the International
Electrotechnical Commission . . .'' (42 U.S.C. 6295(gg)(2)(A)) IEC
Standard 62087 applies only to audio, video, and related equipment, but
not to lighting equipment. As IEC Standard 62087 does not apply to this
rulemaking, DOE is proposing to use the standby mode test procedures
outlined in IEC Standard 62301, which applies generally to household
electrical appliances. Referencing IEC 62301 is consistent with the
proposed standby mode test procedures for compact fluorescent lamps and
integrated LED lamps. 80 FR 45724, 45738 (July 31, 2015) and 80 FR
39644, 39654 (July 9, 2015).
D. Laboratory Accreditation
DOE proposes in this document to require that testing of initial
lumen output, input power, lamp efficacy, power factor, and standby
mode power (if applicable) for general service lamps be conducted by
test laboratories accredited by the National Voluntary Laboratory
Accreditation Program (NVLAP) or an accrediting organization recognized
by the International Laboratory Accreditation Cooperation (ILAC). NVLAP
is a member of ILAC, so test data collected by any laboratory
accredited by an accrediting body recognized by ILAC would be
acceptable. Testing for other regulated lighting products (such as
general service fluorescent lamps, incandescent reflector lamps, and
fluorescent lamp ballasts), in addition to general service lamps that
must already comply with energy conservation standards (such as general
service incandescent lamps and medium base compact fluorescent lamps),
must also be conducted in a similarly accredited facility. 10 CFR
430.25.
E. Represented Values, Certification, and Rounding Requirements
DOE is proposing to create a new section for general service lamps,
10 CFR 429.57, to provide sampling, represented value, certification,
and rounding requirements. Existing sampling procedures in 10 CFR part
429 are referenced, where applicable. If a test procedure does not
currently exist, sampling and represented value calculations reference
the existing DOE test procedure with the most similar lamp technology.
For example, sampling and represented value calculations for OLED lamps
are to be as described in section 10 CFR 429.56, the section that
addresses integrated LED lamps.
DOE also proposes certification and rounding requirements to
include the relevant metrics for general service lamps. Rounding
requirements are consistent with those for general service incandescent
lamps and those proposed for compact fluorescent lamps and integrated
LED lamps. 80 FR 45724, 45752 (July 31, 2015) and 80 FR 39644, 39665
(July 9, 2015).
F. Effective Date and Compliance Dates
If adopted, the effective date for the new test procedures proposed
in this NOPR would be 30 days after publication of the GSL test
procedure final rule in the Federal Register. More specifically, for
GSLs that are not integrated LED lamps, CFLs, or GSILs, the effective
date of the new test procedure upon adoption would be 30 days after a
final rule would be published in the Federal Register. Pursuant to
EPCA, manufacturers of covered products would be required to use the
applicable test procedure as the basis for determining that their
products comply with the applicable energy conservation standards and
for making representations about the efficiency of those products. (42
U.S.C. 6293(c); 42 U.S.C. 6295(s)) For those energy efficiency or
consumption metrics covered by the DOE test procedure (i.e., the test
method and sampling plan), manufacturers must make representations,
including certification of compliance with an applicable standard, in
accordance with the DOE
[[Page 14635]]
test procedure no later than 180 days after publication of a final rule
in the Federal Register (referred to as the ``compliance date'').
DOE proposes that after the effective date and prior to the
compliance date of a GSL test procedure final rule, manufacturers may
voluntarily begin to make representations with respect to the energy
use or efficiency of GSLs that are not integrated LED lamps, CFLs, and
GSILs using the results of testing pursuant to that final rule. On or
after 180 days after publication of a final rule, any representations,
including certifications of compliance (if required), made with respect
to the energy use or efficiency of GSLs that are not integrated LED
lamps, CFLs, and GSILs would be required to be made in accordance with
the results of testing pursuant to the new test procedures.
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, ``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 OMB.
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 (IRFA) 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 (Aug. 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.
DOE reviewed the test procedures for GSLs proposed in this NOPR
under the provisions of the Regulatory Flexibility Act and the
procedures and policies published on February 19, 2003. DOE certifies
that the proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. The factual
basis for this certification is set forth in the following paragraphs.
1. Estimated Small Business Burden
The Small Business Administration (SBA) considers a business entity
to be a small business, if, together with its affiliates, it employs
less than a threshold number of workers specified in 13 CFR part 121.
These size standards and codes are established by the North American
Industry Classification System (NAICS). Manufacturing of GSLs is
classified under NAICS 335110, ``Electric Lamp Bulb and Part
Manufacturing.'' The SBA sets a threshold of 1,000 employees or less
for an entity to be considered as a small business for this category.
To estimate the number of companies that could be small businesses
that sell GSLs, DOE conducted a market survey using publicly available
information. DOE's research involved information provided by trade
associations (e.g., the National Electrical Manufacturers' Association)
and information from DOE's Compliance Certification Management System
(CCMS) Database, the Environmental Protection Agency's ENERGY STAR
Certified Light Bulbs Database, LED Lighting Facts Database, previous
rulemakings, individual company Web sites, SBA's database, and market
research tools (e.g., Hoover's reports). DOE screened out companies
that do not meet the definition of a ``small business'' or are
completely foreign owned and operated. DOE identified approximately 118
small businesses that sell GSLs in the United States.
In this NOPR, DOE proposes test procedures for determining initial
lumen output, input power, lamp efficacy, power factor, and standby
power of GSLs. Several of the lamp types included in the definition of
general service lamp must already comply with energy conservation
standards and therefore test procedures already exist for these lamps.
If DOE test procedures already exist or have been proposed in an
ongoing rulemaking (such as for general service incandescent lamps,
compact fluorescent lamps, and integrated LED lamps), DOE proposes to
reference them directly. For all other general service lamps, DOE
proposes new test procedures in this rulemaking. For the new test
procedures, DOE proposes to reference the most recent versions of
relevant industry standards.
In this section, DOE estimates the testing costs and burden
associated with conducting testing according to the new test procedures
proposed in this NOPR for general service lamps. DOE did not consider
the costs and burdens associated with DOE test procedures that already
exist or that have been proposed in other ongoing rulemakings because
these have been or are being addressed separately. In this section, DOE
assesses elements (testing methodology, testing times, and sample size)
in the newly proposed test procedures that could affect costs
associated with complying with this rule. The following is an analysis
of both in-house and third party testing costs associated with this
proposed rulemaking.
DOE estimates that the labor costs associated with conducting in-
house testing of initial lumen output, input power, and standby mode
power is $41.68 per hour. DOE determined that calculating efficacy and
power factor of a GSL would not result in any incremental testing
burden beyond the cost of conducting the initial lumen output and input
power testing. The cost of labor was then calculated by multiplying the
estimated hours of labor by the hourly labor rate. For lamps not
capable of operating in standby mode, DOE estimated that testing in-
house in accordance with Appendix CC would require, at most, four hours
per lamp by an electrical engineering technician. For lamps capable of
operating in standby mode, DOE estimated that testing time would
increase to five hours per lamp due to the additional standby mode
power consumption test. DOE believes that these estimates are
representative of the time it would take to test the most labor
intensive technology, LED lamps. In total, DOE estimates that using the
test method prescribed in this NOPR to determine initial light output
and input power would result in an estimated labor burden of $1,670 per
basic model of certain GSLs and $2,080 per basic model of certain GSLs
that can operate in standby mode.
Because NVLAP \1\ imposes a variety of fees during the
accreditation process, including fixed administrative fees, variable
assessment fees, and proficiency testing fees, DOE included the costs
associated with maintaining a NVLAP-accredited facility or a facility
accredited by an organization recognized by NVLAP. In the first year,
for manufacturers without NVLAP accreditation who choose to test in-
house, DOE estimated manufacturers on
[[Page 14636]]
average would experience a maximum total cost burden of about $2,210
per basic model tested or $2,630 per basic model with standby mode
power consumption testing.\2\
---------------------------------------------------------------------------
\1\ As discussed in section III.D, laboratories can be
accredited by any accreditation body that is a signatory member to
the ILAC MRA. DOE based its estimate of the costs associated with
accreditation on the NVLAP accreditation body.
\2\ NVLAP costs are fixed and were distributed based on an
estimate of 28 basic models per manufacturer.
---------------------------------------------------------------------------
Additionally, DOE requested pricing from independent testing
laboratories for testing GSLs. DOE estimated the cost for testing at an
independent laboratory to be up to $1,070 per basic model. This
estimate includes the cost of accreditation as quotes were obtained
from accredited laboratories.
DOE notes that its proposed test procedures directly reference
existing industry standards that have been approved for widespread use
by lamp manufacturers and test laboratories. The quantities that are
directly measured, namely initial lumen output and input power, are
commonly reported by the manufacturer on product packaging and on
product specification sheets. Thus, testing for these quantities is
already being conducted. Additionally, these quantities are required to
be reported to ENERGY STAR if manufacturers certify the lamps as
meeting the program requirements. Standby mode power consumption is
also a reported quantity for the ENERGY STAR program, though it may not
be a commonly reported value for lamps that are not certified with
ENERGY STAR. In reviewing the lamps for which DOE is proposing new test
procedures in this rulemaking, DOE notes that very few products can
operate in standby mode and therefore very few products would be
required to make representations of standby mode energy consumption
according to the test procedures proposed in this rulemaking. Although
DOE has proposed to require that all testing be conducted in accredited
laboratories, DOE believes that many manufacturers of these products
have already accredited their own in-house laboratories because they
also make products such as general service incandescent lamps and
medium base compact fluorescent lamps that are required to be tested in
similarly accredited laboratories.
The final cost per manufacturer primarily depends on the number of
basic models the manufacturer sells. These are not annual costs because
DOE does not require manufacturers to retest a basic model annually.
The initial test results used to generate a certified rating for a
basic model remain valid as long as the basic model has not been
modified from the tested design in a way that makes it less efficient
or more consumptive, which would require a change to the certified
rating. If a manufacturer has modified a basic model in a way that
makes it more efficient or less consumptive, new testing is required
only if the manufacturer wishes to make representations of the new,
more efficient rating.
For the reasons described in this section, DOE tentatively
concludes and certifies that the new proposed test procedures would not
have a ``significant economic impact on a substantial number of small
entities,'' and the preparation of an IRFA is not warranted. DOE will
transmit the certification and supporting statement of factual basis to
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C.
605(b).
C. Review Under the Paperwork Reduction Act of 1995
DOE established regulations for the certification and recordkeeping
requirements for certain covered consumer products and commercial
equipment. 10 CFR part 429, subpart B. This collection-of-information
requirement was approved by OMB under OMB control number 1910-1400.
DOE requested OMB approval of an extension of this information
collection for three years, specifically including the collection of
information proposed in the present rulemaking, and estimated that the
annual number of burden hours under this extension is 30 hours per
company. In response to DOE's request, OMB approved DOE's information
collection requirements covered under OMB control number 1910-1400
through November 30, 2017. 80 FR 5099 (January 30, 2015).
Notwithstanding any other provision of the law, no person is
required to respond to, nor must 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 proposed rule, DOE proposes test procedures for certain
categories of GSLs that will be used to support the ongoing GSL
standards rulemaking. 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
proposed rule adopts existing industry test procedures for certain
categories of general service lamps, so it will not affect 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.
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 (Aug. 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 has examined this proposed rule and has
determined that it would 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 proposed 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
[[Page 14637]]
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, the proposed rule
meets the relevant standards of Executive Order 12988.
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 proposed regulatory action likely to result 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
proposed rule according to UMRA and its statement of policy, and DOE
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 rule would 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 would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the 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 proposed 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 proposed 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 proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
This regulatory action to propose test procedures for certain
categories of GSLs 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 FTC concerning the impact
of the commercial or industry standards on competition.
The proposed test procedures incorporate testing methods contained
in the following commercial standards:
(1) CIE S025, ``International Standard: Test Method for LED Lamps,
LED Luminaires and LED Modules,'' 2015;
(2) IES LM-45-15, ``IES Approved Method for the Electrical and
Photometric Measurement of General Service Incandescent Filament
Lamps,'' 2015;
(3) IES LM-20-13, ``IES Approved Method for Photometry of Reflector
Type Lamps,'' 2013;
(4) IES LM-79-08, ``Approved Method: Electrical and Photometric
Measurements of Solid-State Lighting Products,'' 2008;
(5) IES LM-9-09, ``IES Approved Method for the Electrical and
Photometric Measurement of Fluorescent Lamps,'' 2009; and
[[Page 14638]]
(6) IEC Standard 62301 (Edition 2.0), ``Household electrical
appliances--Measurement of standby power,'' 2011.
DOE has evaluated these standards and is unable to conclude whether
they fully comply with the requirements of section 32(b) of the FEAA
(i.e., that they were developed in a manner that fully provides for
public participation, comment, and review). DOE will consult with the
Attorney General and the Chairman of the FTC concerning the impact of
these test procedures on competition, prior to prescribing a final
rule.
M. Description of Materials Proposed To Be Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the test
standard published by CIE, titled ``International Standard: Test Method
for LED Lamps, LED Luminaires and LED Modules,'' CIE S025. CIE S025 is
an internationally accepted test standard that specifies test
procedures for measuring electrical and photometric characteristics of
LED lamps, LED luminaires, and LED modules. The test procedures
proposed in this NOPR reference sections of CIE S025 for performing
electrical and photometric measurements of non-integrated LED lamps.
CIE S025 is readily available on CIE's Web site at www.techstreet.com/cie.
DOE also proposes to incorporate by reference the test standard
published by IES, titled ``IES Approved Method for the Electrical and
Photometric Measurement of General Service Incandescent Filament
Lamps,'' IES LM-45-15. IES LM-45-15 is an industry accepted test
standard that specifies procedures to be observed in performing
measurements of electrical and photometric characteristics of general
service incandescent filament lamps under standard conditions. The test
procedures proposed in this NOPR reference sections of IES LM-45-15 for
performing electrical and photometric measurements of general service
incandescent filament lamps. IES LM-45-15 is readily available on IES's
Web site at www.ies.org/store/.
DOE also proposes to incorporate by reference the test standard
published by IES, titled ``IES Approved Method for Photometry of
Reflector Type Lamps,'' IES LM-20-13. IES LM-20-13 is an industry
accepted test standard that specifies photometric test methods for
reflector lamps. The test procedures proposed in this NOPR reference
sections of IES LM-20-13 for performing electrical and photometric
measurements of reflector lamps. IES LM-20-13 is readily available on
IES's Web site at www.ies.org/store.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this NOPR. Interested parties may submit comments,
data, and other information using any of the methods described in the
ADDRESSES section at the beginning of this NOPR.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily
[[Page 14639]]
treated as confidential within the industry; (3) whether the
information is generally known by or available from other sources; (4)
whether the information has previously been made available to others
without obligation concerning its confidentiality; (5) an explanation
of the competitive injury to the submitting person which would result
from public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
B. Issues on Which DOE Seeks Comment
Although comments are welcome on all aspects of this proposed
rulemaking, DOE is particularly interested in comments on the following
issues.
(1) DOE requests comment on the appropriateness of the industry
standards referenced in its proposed test methods for certain
categories of general service lamps for which DOE test procedures do
not currently exist.
(2) DOE requests comment in its proposed test method for standby
mode power consumption.
(3) DOE requests comment on requiring that testing for general
service lamps be conducted in laboratories accredited by NVLAP or an
accrediting organization recognized by the International Laboratory
Accreditation Cooperation (ILAC).
(4) DOE requests comment on its tentative conclusion that the
proposed test procedures will not have a significant economic impact on
a substantial number of small entities.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects
10 CFR Part 429
Confidential business information, Energy conservation, Household
appliances, Imports, Reporting and recordkeeping requirements.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on February 26 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend parts
429 and 430 of chapter II of title 10, of the Code of Federal
Regulations, as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
0
2. Section 429.57 is added to read as follows:
Sec. 429.57 General service lamps.
(a) Determination of represented value. Manufacturers must
determine represented values, which includes certified ratings, for
each basic model of general service lamp in accordance with following
sampling provisions.
(1) The requirements of Sec. 429.11 are applicable to general
service lamps, and
(2) For general service incandescent lamps, use Sec. 429.27(a);
(3) For compact fluorescent lamps, use Sec. 429.35(a);
(4) For integrated LED lamps, use Sec. 429.56(a) (proposed in the
LED Test Procedure SNOPR, 80 FR 39644, 39664-65 (July 9, 2015));
(5) For other incandescent lamps, use Sec. 429.27(a);
(6) For other fluorescent lamps, use Sec. 429.35(a); and
(7) For OLED lamps and non-integrated LED lamps, use Sec.
429.56(a) (proposed in the LED Test Procedure SNOPR at 80 FR 39664-
39665).
(b) Certification reports.
(1) The requirements of Sec. 429.12 are applicable to general
service lamps;
(2) Values reported in certification reports are represented
values;
(3) For general service incandescent lamps, use Sec. 429.27(b);
(4) For compact fluorescent lamps, use Sec. 429.35(b);
(5) For integrated LED lamps, use Sec. 429.56(b) (proposed in the
LED Test Procedure SNOPR at 80 FR 39664-39665); and
(6) For other incandescent lamps, for other fluorescent lamps, for
OLED lamps and non-integrated LED lamps, pursuant to Sec.
429.12(b)(13), a certification report must include the following public
product-specific information: The testing laboratory's NVLAP
identification number or other NVLAP-approved accreditation
identification, initial lumen output, input power, and lamp efficacy.
(c) Rounding requirements.
(1) Round input power to the nearest tenth of a watt.
(2) Round initial lumen output to three significant digits.
(3) Round lamp efficacy to the nearest tenth of a lumen per watt.
(4) Round power factor to the nearest hundredths place.
(5) Round standby mode power to the nearest tenth of a watt.
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
3. 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
4. Section 430.3 is amended by:
0
a. Adding paragraph (l)(3);
0
b. Redesignating paragraphs (o)(5), (o)(6), (o)(7), (o)(8), and (o)(9)
as (o)(6), (o)(8), (o)(9), (o)(10), and (o)(11) respectively;
0
c. Adding new paragraphs (o)(5) and (o)(7);
0
d. Removing the words ``appendices R, V, and V1'' in paragraph (o)(2)
and adding in its place the words, ``appendices R, V, V1, and CC'';
0
e. Removing the words ``appendix V1'' in newly redesignated paragraph
(o)(11) and adding in its place the words ``appendices V1 and CC''; and
0
f. Removing the words ``X1 and Z'' in paragraph (p)(4) and adding in
its place the words, ``X1, Z, and CC''.
The additions read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(l) * * *
(3) CIE S 025/E:2015 (``CIE S025''), International Standard: Test
Method for LED Lamps, LED Luminaires and LED Modules, 2015; IBR
approved for appendix CC to subpart B.
* * * * *
(o) * * *
(5) IES LM-20-13, IES Approved Method: Photometry of Reflector Type
Lamps, approved February 4, 2013; IBR approved for appendix CC to
subpart B.
* * * * *
(7) IES LM-45-15, (``IES LM-45-15''), IES Approved Method:
Electrical and Photometric Measurement of General Service Incandescent
Filament Lamps,
[[Page 14640]]
approved August 8, 2015; IBR approved for appendix CC to subpart B.
* * * * *
0
5. Section 430.23 as proposed to be amended on July 9, 2015 80 FR
39644, is further amended by adding paragraph (ee) to read as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(ee) General Service Lamps.
(1) For general service incandescent lamps, measure lamp efficacy
in accordance with paragraph (r) of this section.
(2) For compact fluorescent lamps, measure lamp efficacy, lumen
maintenance at 1,000 hours, lumen maintenance at 40 percent of
lifetime, rapid cycle stress, time to failure, power factor, CRI, start
time, and standby mode power in accordance with paragraph (y) of this
section.
(3) For integrated LED lamps, measure lamp efficacy, power factor,
and standby mode power in accordance with paragraph (dd) (proposed in
the LED Test Procedure SNOPR, 80 FR at 39665) of this section.
(4) For other incandescent lamps, measure initial light output,
input power, lamp efficacy, power factor, and standby mode power in
accordance with appendix CC of this subpart.
(5) For other fluorescent lamps, measure initial light output,
input power, lamp efficacy, power factor, and standby mode power in
accordance with appendix CC of this subpart.
(6) For OLED and non-integrated LED lamps, measure initial light
output, input power, lamp efficacy, power factor, and standby mode
power in accordance with appendix CC of this subpart.
0
6. Section 430.25 is revised to read as follows:
Sec. 430.25 Laboratory Accreditation Program.
The testing for general service fluorescent lamps, general service
lamps (with the exception of applicable lifetime testing), incandescent
reflector lamps, and fluorescent lamp ballasts must be conducted by
test laboratories accredited by an Accreditation Body that is a
signatory member to the International Laboratory Accreditation
Cooperation (ILAC) Mutual Recognition Arrangement (MRA). A
manufacturer's or importer's own laboratory, if accredited, may conduct
the applicable testing.
0
7. Appendix CC to subpart B of part 430 [(Appendix BB was proposed at
80 FR 39644, 39666, July 9, 2015)] is added to read as follows:
Appendix CC to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption and Energy Efficiency of General Service Lamps
That Are Not General Service Incandescent Lamps, Compact Fluorescent
Lamps, or Integrated LED Lamps.
Note: On or after [DATE 180 DAYS AFTER DATE OF PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER], any representations,
including certifications of compliance (if required), made with
respect to the energy use or efficiency of general service lamps
that are not general service incandescent lamps, compact fluorescent
lamps, or integrated LED lamps must be made in accordance with the
results of testing pursuant to this appendix.
1. Scope: This appendix specifies the test methods required to
measure the initial lumen output, input power, lamp efficacy, power
factor, and standby mode energy consumption of general service lamps
that are not general service incandescent lamps, compact fluorescent
lamps, or integrated LED lamps.
2. Definitions
Measured initial input power means the input power to the lamp,
measured after the lamp is stabilized and seasoned (if applicable),
and expressed in watts (W).
Measured initial lumen output means the lumen output of the lamp
measured after the lamp is stabilized and seasoned (if applicable),
and expressed in lumens (lm).
Power factor means the measured initial input power (watts)
divided by the product of the input voltage (volts) and the input
current (amps) measured at the same time as the initial input power.
3. Active Mode Test Procedures
3.1. Take measurements at full light output.
3.2. Do not use a goniophotometer.
3.3. Operate the lamp at the rated voltage throughout testing.
For lamps with multiple rated voltages including 120 volts, operate
the lamp at 120 volts. If a lamp is not rated for 120 volts, operate
the lamp at the highest rated input voltage.
3.4. Operate the lamp at the maximum input power. If multiple
modes occur at the same maximum input power (such as variable CCT or
CRI), the manufacturer may select any of these modes for testing;
however, all measurements must be taken at the same selected mode.
The manufacturer must indicate in the test report which mode was
selected for testing and include detail such that another laboratory
could operate the lamp in the same mode.
3.5. To measure initial lumen output, input power, input
voltage, and input current use the test procedures in the table in
this section.
Table 3.1--References to Industry Standard Test Procedures
----------------------------------------------------------------------------------------------------------------
Lamp type Referenced test procedure
----------------------------------------------------------------------------------------------------------------
Other incandescent lamps that are not reflector lamps. IES LM-45-15, sections 4-7 *
Other incandescent lamps that are reflector lamps..... IES LM-20-13, sections 4-8 *
Other fluorescent lamps............................... IES LM-9-09, sections 4-6 *
OLED lamps............................................ IES LM-79-08, sections 2-9.2 *
Non-integrated LED lamps.............................. CIE S025, sections 4-6 *
----------------------------------------------------------------------------------------------------------------
* (incorporated by reference, see Sec. 430.3)
3.6. Determine initial lamp efficacy by dividing the measured
initial lumen output (lumens) by the measured initial input power
(watts).
3.7. Determine power factor by dividing the measured initial
input power (watts) by the product of the measured input voltage
(volts) and measured input current (amps).
4. Standby Mode Test Procedure
4.1. Measure standby mode power only for lamps that are capable
of standby mode operation.
4.2. Connect the lamp to the manufacturer-specified wireless
control network (if applicable) and configure the lamp in standby
mode by sending a signal to the lamp instructing it to have zero
light output. Lamp must remain connected to the network throughout
testing.
4.3. Operate the lamp at the rated voltage throughout testing.
For lamps with multiple rated voltages including 120 volts, operate
the lamp at 120 volts. If a lamp is not rated for 120 volts, operate
the lamp at the highest rated input voltage.
4.4. Stabilize the lamp prior to measurement as specified in
section 5.0 of IEC 62301 (incorporated by reference; see Sec.
430.3).
4.5. Measure the standby mode power in watts as specified in
section 5 of IEC 62301 (incorporated by reference; see Sec. 430.3).
[FR Doc. 2016-04551 Filed 3-16-16; 8:45 am]
BILLING CODE 6450-01-P