Energy Conservation Program: Clarification of Test Procedures for Fluorescent Lamps Ballasts, 25595-25601 [2016-10012]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
trucks acquired using loan proceeds
under this part.
(b) * * *
(1) Agree to increase the down
payment on the facility loan from 15
percent to 20 percent, except for an
FSFL microloan; or
*
*
*
*
*
■ 9. Amend § 1436.9 as follows:
■ a. Revise paragraph (b) introductory
text;
■ b. In paragraph (b)(1), remove ‘‘new’’
and add ‘‘recently required’’ in its place;
■ c. Revise paragraph (c);
■ d. In paragraph (d)(1) introductory
text, remove ‘‘sugar and fruits and
vegetables’’ and add ‘‘sugar, cold storage
commodities, maple sap, and milk’’ in
their place;
■ e. In paragraph (d)(3) introductory
text, remove ‘‘for fruits and vegetables’’;
■ f. Revise paragraphs (d)(3)(i) and
(d)(4);
■ g. Add paragraph (d)(5); and
■ h. Revise paragraph (h).
The revisions and addition read as
follows:
§ 1436.9 Loan amount and loan application
approvals.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(b) The net cost for all facilities:
*
*
*
*
*
(c) The maximum total principal
amount of the FSFL, except for FSFL
microloans, is 85 percent of the net cost
of the applicant’s needed facility, not to
exceed $500,000 per loan. For FSFL
microloans the maximum total principal
amount of the farm storage facility loan
is 95 percent of the net costs of the
applicant’s needed storage, handling
facility, including drying and handling
equipment, or storage and handling
trucks, not to exceed an aggregate
outstanding balance of $50,000.
*
*
*
*
*
(d) * * *
(3) * * *
(i) Multiply the average of the
applicant’s share of production or of
acres farmed for the most recent 3 years
for each eligible commodity requiring
cold storage at the proposed facility;
*
*
*
*
*
(4) For all eligible facility loan
commodities, except sugar, if acreage
data is not practicable or available for
State and County Committees or
authorized FSA staff to determine the
storage need, specifically, but not
limited to, maple sap, eggs, butter,
cheese, yogurt, milk, meat and poultry,
a reasonable production yield, such as
ERS or NASS data may be used to
determine the storage capacity need. A
reasonable production yield may also be
used for newly acquired farms, specialty
VerDate Sep<11>2014
16:42 Apr 28, 2016
Jkt 238001
farming, changes in cropping
operations, prevented planted acres, or
for facility loan commodities being
grown for the first time.
(5) For FSFL microloans if the FSA
State and county committees determine
that self-certification is practicable
based on the applicant’s farm operation,
then CCC may allow applicants to selfcertify to the storage capacity need. The
Deputy Administrator, Farm Programs,
or an FSA State committee may rescind
the FSFL microloan provision on a
Statewide basis if it is determined that
allowing FSFL microloans has increased
the likelihood of loan defaults and is not
in the best interest of CCC.
*
*
*
*
*
(h) The Farm storage facility loan
approval period, which is the
timeframe, from approval until
expiration, during which the facility
must be completely and fully delivered,
erected, constructed, assembled, or
installed and a CCC representative has
inspected and approved such facility for
all eligible facility loan commodities
except sugar, will expire 6 months after
the date of approval unless extended in
writing for an additional 6 months by
the FSA State Committee. A second 6
month extension, for a total of 18
months from the original approval date,
may be approved by the FSA State
Committee. This authority will not be
re-delegated. Sugar storage facility loan
approvals will expire 8 months after the
date of approval unless extended in
writing for an additional 4 months by
the FSA State Committee.
*
*
*
*
*
■ 10. Amend § 1436.10 as follows:
■ a. In paragraph (a), remove the word
‘‘storage’’; and
■ b. Add paragraph (d).
The addition reads as follows:
§ 1436.10
Down payment.
*
*
*
*
*
(d) The minimum down payment for
an FSFL will be 5 percent for an FSFL
microloan and 15 percent for all other
FSFLs, with the down payment to be
calculated as a percentage of net cost as
specified in § 1436.9. As specified in
§ 1436.8, a larger down payment may be
required to meet security requirements.
§ 1436.11
[Amended]
11. Amend § 1436.11(a)(3) by
removing the words ‘‘farm storage’’.
■ 12. Amend § 1436.15 as follows:
■ a. Revise paragraph (a);
■ b. In paragraph (b), remove the word
‘‘loan’’ both times it appears;
■ c. In paragraph (d), remove the words
‘‘Structures must’’ and add the words
‘‘Facilities must’’ in their place, and
■
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
25595
remove the words ‘‘structure’’ and
‘‘structural’’;
■ c. In paragraph (e), remove the words
‘‘of ingress and egress’’ add the words
‘‘to enter, leave, and return to the
property’’ in their place.
The revision reads as follows:
§ 1436.15 Maintenance, liability, insurance,
and inspections.
(a) The borrower must maintain the
loan collateral in a condition suitable
for the storage or handling of one or
more of the facility loan commodities.
§ 1436.16
[Amended]
13. Amend § 1436.16(c) by removing
the words ‘‘or other property’’.
■
Val Dolcini,
Administrator, Farm Service Agency, and
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 2016–09949 Filed 4–28–16; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE–2009–BT–TP–0016]
RIN 1904–AD58
Energy Conservation Program:
Clarification of Test Procedures for
Fluorescent Lamps Ballasts
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
On November 4, 2015, the
U.S. Department of Energy (DOE) issued
a notice of proposed rulemaking (NOPR)
to clarify the test procedures for
fluorescent lamp ballasts. That proposed
rulemaking serves as the basis for the
final rule. DOE is issuing a final rule to
replace all instances of ballast efficacy
factor (BEF) with ballast luminous
efficiency (BLE) in its regulations
concerning fluorescent lamps ballasts
and to add rounding instructions to the
same section for BLE and power factor.
DOE is also clarifying the represented
value instructions for power factor.
Finally, DOE is amending Appendix Q
to clarify the lamp-ballast pairings for
testing.
SUMMARY:
The effective date of this rule is
May 31, 2016. The final rule changes
will be mandatory for product testing
starting June 28, 2016.
The incorporation by reference of
certain material listed in this rule is
approved by the Director of the Federal
Register as of May 31, 2016.
DATES:
E:\FR\FM\29APR1.SGM
29APR1
25596
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at regulations.gov. All
documents in the docket are listed in
the regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
A link to the docket Web page can be
found at: https://www1.eere.energy.gov/
buildings/appliance_standards/
product.aspx/productid/62. This Web
page will contain a link to the docket for
this notice on the regulations.gov site.
The regulations.gov Web page will
contain simple instructions on how to
access all documents, including public
comments, in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 287–1604. Email:
fluorescent_lamp_ballasts@
ee.doe.gov.
Ms. Sarah Butler, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–1777. Email:
Sarah.Butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE is
incorporating by reference the following
industry standards into 10 CFR part 430.
(1) ANSI _IEC78.901–2005, Revision
of ANSI C78.901–2001 (‘‘ANSI
C78.901’’), American National Standard
for Electric Lamps—Single-Based
Fluorescent Lamps—Dimensional and
Electrical Characteristics, approved
March 23, 2005.
(2) IEC 1 60081 (Amendment 4,
Edition 5.0, 2010–02), ‘‘Double-capped
fluorescent lamps—Performance
specifications.’’
Copies of ANSI C78.901 and IEC
60081 can be obtained from the
American National Standards Institute,
25 West 43rd Street, 4th Floor, New
York, NY 10036, (212) 642–4900, or go
to https://webstore.ansi.org.
Copies of these industry standards
can also be reviewed in person at U.S.
Department of Energy, Building
Technologies Program, 950 L’Enfant
mstockstill on DSK3G9T082PROD with RULES
ADDRESSES:
1 International
VerDate Sep<11>2014
Electrotechnical Commission.
16:42 Apr 28, 2016
Jkt 238001
Plaza SW., Suite 600, Washington, DC,
20024. For further information on
accessing standards incorporated by
reference, contact Ms. Brenda Edwards
at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
This standard is discussed further in
section IV.M.
Table of Contents
I. Authority and Background
A. General Test Procedure Rulemaking
Process
II. Synopsis of the Final Rule
III. Discussion
A. Replacing Ballast Efficacy Factor With
Ballast Luminous Efficiency
B. Rounding Requirements for Ballast
Luminous Efficiency
C. Rounding Requirements and
Represented Value for Power Factor
D. Lamp Pairing for Testing
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Standards Incorporated
by Reference
N. Congressional Notification
O. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B 2 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 and
established the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles.’’ 3 These include
fluorescent lamp ballasts, the subject of
this final rule. (42 U.S.C. 6292(a)(13))
Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. The testing requirements
consist of test procedures that
manufacturers of covered products must
2 For editorial reasons Part B was codified as Part
A in the U.S. Code (42 U.S.C. 6291–6309, as
codified).
3 All references to EPCA in this document refer
to the statute as amended through the Energy
Efficiency Improvement Act of 2015, Public Law
114–11 (Apr. 30, 2015).
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
use as the basis for (1) certifying to DOE
that their products comply with the
applicable energy conservation
standards adopted under EPCA, and (2)
making representations about the
efficiency of those products. Similarly,
DOE must use these test procedures to
determine whether the products comply
with any relevant standards
promulgated under EPCA.
DOE published test procedure final
rules on April 24, 1991, October 22,
2009, and May 4, 2011 (hereafter the
‘‘May 2011 test procedure final rule’’),
establishing active mode test
procedures, standby and off mode test
procedures, and revised active mode
test procedures respectively. 56 FR
18677, 74 FR 54445, and 76 FR 25211.
The May 2011 test procedure final rule
established Appendix Q1 4 to subpart B
of 10 CFR part 430. DOE also published
final rules establishing and amending
energy conservation standards for
fluorescent lamp ballasts on September
19, 2000, and November 14, 2011
(hereafter the ‘‘November 2011
standards final rule’’), which completed
the two energy conservation standard
rulemakings required under 42 U.S.C.
6295(g)(7). 65 FR 56740; 76 FR 70547.
The November 2011 standards final rule
established the regulations located at 10
CFR 430.32(m)(8)–(10), which were later
relocated to 10 CFR 430.32(m)(1)–(4).
DOE also published final rules on
February 4, 2015 (hereafter the
‘‘February 2015 correction final rule’’)
and on June 5, 2015 (hereafter the ‘‘June
2015 clarification final rule’’) to correct
and clarify certain requirements and
specifications in the CFR relating to
energy conservation standards and test
procedures. 80 FR 5896; 80 FR 31971.
This final rule adopts additional
clarifications in support of the current
test procedure. On November 4, 2015,
DOE published a NOPR (hereafter the
‘‘November 2015 NOPR’’) proposing
clarifications to the test procedures for
fluorescent lamp ballasts. 80 FR 68274.
That notice of proposed rulemaking
serves as the basis for this final rule.
A. General Test Procedure Rulemaking
Process
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.
EPCA provides that any test procedures
prescribed or amended under this
section shall be reasonably designed to
produce test results which measure
energy efficiency, energy use or
4 Appendix Q1 was redesignated as Appendix Q
in the June 2015 clarification final rule. 80 FR
31971 (June 5, 2015).
E:\FR\FM\29APR1.SGM
29APR1
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
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))
In addition, if DOE determines that a
test procedure amendment is warranted,
it must publish proposed test
procedures and offer the public an
opportunity to present oral and written
comments on them. (42 U.S.C.
6293(b)(2)) Finally, in any rulemaking to
amend a test procedure, DOE must
determine to what extent, if any, the
proposed test procedure would alter the
measured energy efficiency of any
covered product as determined under
the existing test procedure. (42 U.S.C.
6293(e)(1))
With respect to this rulemaking, DOE
has determined that the four
amendments it is adopting (replacing
ballast efficacy factor with ballast
luminous efficiency [described in
section III.A], rounding requirements for
ballast luminous efficiency [described
in section III.B], rounding and
represented value requirements for
power factor [described in section III.C]
and lamp pairings for testing [described
in section III.D]) will not change the
measured energy use of fluorescent
lamp ballasts when compared to the
current test procedure.
II. Synopsis of the Final Rule
In this final rule, DOE is amending
the test procedure with several
clarifications to the requirements for
fluorescent lamp ballasts. DOE is
replacing all instances of ballast efficacy
factor (BEF) with ballast luminous
efficiency (BLE) in 10 CFR 429.26 and
adding rounding instructions in 10 CFR
429.26 for BLE and power factor. DOE
is also clarifying the represented value
instructions for power factor. Finally,
DOE is revising Appendix Q to clarify
the lamp-ballast pairings for testing.
Manufacturers are required to comply
with the requirements included in this
rulemaking starting 60 days after the
publication of the final rule.
III. Discussion
mstockstill on DSK3G9T082PROD with RULES
A. Replacing Ballast Efficacy Factor
With Ballast Luminous Efficiency
Manufacturers were previously
required to use the test procedure for
fluorescent lamp ballasts at 10 CFR part
430, subpart B, appendix Q to determine
compliance with DOE’s standards,
which were expressed in terms of a BEF
metric. The May 2011 test procedure
final rule, which changed the test
procedure to a measurement of BLE,
established appendix Q1 to subpart B of
10 CFR part 430 to determine
VerDate Sep<11>2014
16:42 Apr 28, 2016
Jkt 238001
compliance with DOE’s fluorescent
lamp ballast standards. 76 FR 25211. On
November 14, 2011, DOE issued
amended standards for fluorescent lamp
ballasts based on BLE and compliance
with those standards has been required
since November 14, 2014. 76 FR 70548.
10 CFR 430.32(m). Because the
fluorescent lamp ballast standards based
on BEF are no longer applicable, the
June 2015 clarification final rule
removed the test procedure for BEF at
Appendix Q and redesignated the
Appendix Q1 test procedure for BLE as
Appendix Q. 80 FR 31971. To support
the transition from BEF to BLE, DOE
proposed in the November 2015 NOPR
to replace all instances of BEF with BLE
in 10 CFR 429.26.
NEMA commented that they agreed
with DOE’s suggested changes. (NEMA,
No. 33 at p. 1) 5 DOE received no further
comments in response to the proposed
changes to 10 CFR 429.26. Therefore,
DOE is replacing all instances of BEF
with BLE in 10 CFR 429.26.
B. Rounding Requirements for Ballast
Luminous Efficiency
Currently, rounding requirements are
not provided for the represented value
of BLE. When developing standards in
the November 2011 standards final rule,
DOE rounded BLE to the thousandths
place when analyzing the costs and
benefits of the adopted standard. For
consistency with the November 2011
standards final rule, DOE proposed to
specify rounding the represented value
of BLE to the nearest thousandths place
in a NOPR proposing clarifications to
the test procedures for fluorescent lamp
ballasts published on January 6, 2015
(hereafter the ‘‘January 2015
clarification NOPR’’). 80 FR 404. NEMA
agreed that rounding to the thousandths
place is acceptable as long as significant
figures are handled correctly. (NEMA,
No. 30 at p. 3) However, DOE
determined that rounding requirements
would be more appropriately addressed
in 10 CFR 429.26,6 and thus did not
adopt rounding requirements in the
June 2015 clarification final rule. Thus,
in the November 2015 NOPR, DOE
proposed to amend 10 CFR 429.26 by
specifying that the represented value of
5 A notation in this form provides a reference for
information that is in the docket of DOE’s
rulemaking to develop test procedures for
fluorescent lamp ballasts (Docket No. EERE–2009–
BT–TP–0016), which is maintained at
www.regulations.gov. This notation indicates that
the statement preceding the reference is document
number 33 in the docket for the fluorescent lamp
ballasts test procedure rulemaking, and appears at
page 1 of that document.
6 The January 2015 clarification NOPR proposed
to include rounding requirements at 10 CFR 430.23.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
25597
BLE must be rounded to the nearest
thousandths place.
NEMA commented that they agreed
with DOE’s proposed amendments in
the November 2015 NOPR. (NEMA, No.
33 at p. 1) DOE received no further
comments on this clarification. Thus,
based on the reasons presented in the
November 2015 NOPR, DOE is adopting
the clarification in 10 CFR 429.26 that
the represented value of BLE must be
rounded to the nearest thousandths
place.
C. Rounding Requirements and
Represented Value for Power Factor
Currently, rounding requirements are
not provided for the represented value
of power factor. Manufacturers have
shown the capability to round to the
nearest hundredths place. When
reporting power factor in product
literature and data sheets, it is standard
for manufacturers to round to the
nearest hundredths place. In the
November 2015 NOPR, DOE proposed
to amend 10 CFR 429.26 by specifying
that the power factor must be rounded
to the nearest hundredths place. DOE
also proposed to add power factor to 10
CFR 429.26(a)(2)(ii) to clearly indicate
the requirements for calculating the
represented value of power factor prior
to rounding.
NEMA commented that they agreed
with DOE’s proposed amendments.
(NEMA, No. 33 at p. 1) DOE received no
additional comments on the changes
regarding power factor. Based on the
reasons presented in the November 2015
NOPR, DOE is adopting the changes to
10 CFR 429.26 regarding power factor in
this final rule.
D. Lamp Pairing for Testing
In the May 2011 test procedure final
rule, DOE specified that ballasts are to
be paired with the most common
wattage lamp and provided a table
(Table A of appendix Q of subpart B of
10 CFR part 430) to indicate which lamp
should be used with each ballast. 76 FR
25211. Table A lists the ballast
description along with the lamp type
intended for testing. Though ballasts
can frequently operate lamps of the
same diameter but different wattages,
DOE requires testing with only one
lamp wattage per ballast. To clarify this
requirement, in the January 2015
clarification NOPR, DOE proposed to
indicate in section 2.3.1.7 of Appendix
Q that each ballast should be tested with
only one lamp type corresponding to the
lamp diameter and base type the ballast
is designed and marketed to operate. 80
FR 404, 415. For example, a ballast
designed and marketed to operate both
32 watt (W) 4-foot medium bipin (MBP)
E:\FR\FM\29APR1.SGM
29APR1
25598
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
mstockstill on DSK3G9T082PROD with RULES
T8 lamps and 28 W 4-foot MBP T8
lamps should only be tested with the 32
W lamp. DOE also proposed to indicate
in section 2.3.1.5 of Appendix Q that a
ballast designed and marketed to
operate both T8 and T12 lamps must be
tested with T8 lamps. 80 FR at 406. DOE
adopted these proposed clarifications in
the June 2015 clarification final rule. 80
FR 31971.
Regarding the proposal in the January
2015 clarification NOPR, NEMA
recommended that DOE include the
American National Standards Institute
(ANSI) lamp abbreviations from ANSI
C78.81 7 in Table A of Appendix Q of
subpart B of 10 CFR part 430. (NEMA,
No. 30 at p. 2) DOE did not address this
lamp identification issue in the June
2015 clarification final rule because
DOE wanted to provide opportunity for
public comment on the proposed
incorporation by reference of additional
industry standards.
In the November 2015 NOPR, DOE
agreed that referencing the ANSI and
IEC lamp specifications would further
clarify the lamp pairings used for
testing. Section 2.3.1.3 of Appendix Q
states that the fluorescent lamp used for
testing must meet the specifications of
a reference lamp as defined by ANSI
C82.13 (IBR 430.3), and ANSI C82.13
states that the lamps used must operate
at values of lamp voltage, lamp wattage
and lamp current, each within 2.5
percent of the values given in the
corresponding lamp standards found in
ANSI C78.81 and ANSI C78.901.
Therefore in the November 2015 NOPR,
DOE proposed to add the appropriate
page number corresponding to the lamp
specifications in ANSI_ANSLG C78.81–
2010 (hereafter ‘‘ANSI C78.81–2010’’),
ANSI_IEC C78.901–2005 (hereafter
‘‘ANSI C78.901–2005’’),8 and IEC 60081
(Amendment 4, Edition 5.0) 9 in
parentheses alongside the contents of
the Lamp Diameter and Base column of
Table A of Appendix Q. To support
these page number references, DOE
proposed to incorporate by reference
IEC 60081 (Amendment 4, Edition 5.0).
NEMA commented that they agreed
with DOE’s proposed amendments.
(NEMA, No. 33 at p. 1) DOE received no
7 ‘‘American National Standard for Electric
Lamps: Double-Capped Fluorescent Lamps—
Dimensional and Electrical Characteristics’’
(approved Jan. 14, 2010).
8 ‘‘American National Standard for Electric
Lamps—Single-Based Fluorescent Lamps—
Dimensional and Electrical Characteristics’’
(approved Mar. 23, 2005).
9 ANSI C78.81 directs readers to IEC 60081 for
lamp specifications for T5 miniature bipin lamps.
IEC 60081 refers to ‘‘International Electrotechnical
Commission Double-capped fluorescent lamps—
Performance specifications’’ (approved Feb. 18,
2010).
VerDate Sep<11>2014
16:42 Apr 28, 2016
Jkt 238001
additional comments regarding the
addition of page number references to
Table A of Appendix Q. Based on the
reasons presented in the November 2015
NOPR, DOE is adopting these changes
in this final rule.
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 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 (IFRA) for any rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site: https://energy.gov/
gc/office-general-counsel.
This rulemaking clarifies existing
requirements for testing and compliance
with standards and does not change the
burden associated with fluorescent lamp
ballast regulations on any entity, large
or small. Therefore, DOE concludes and
certifies that this rulemaking will not
have a significant economic impact on
a substantial number of small entities.
Accordingly, DOE did not prepare a
regulatory flexibility analysis for this
rulemaking. DOE’s certification and
supporting statement of factual basis
will be provided to the Chief Counsel
for Advocacy of the SBA 10 for review
under 5 U.S.C. 605(b). DOE certifies that
this rule will have no significant impact
on a substantial number of small
entities.
10 Small
PO 00000
Business Administration.
Frm 00014
Fmt 4700
Sfmt 4700
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of fluorescent lamp
ballasts must certify to DOE that their
products comply with any applicable
energy conservation standards. In
certifying compliance, manufacturers
must test their products according to the
DOE test procedures for fluorescent
lamp ballasts, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
fluorescent lamp ballasts. See generally,
10 CFR part 429, subpart B. The
collection-of-information requirement
for the certification and recordkeeping
is subject to review and approval by
OMB under the Paperwork Reduction
Act (PRA).
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 shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE amends its test
procedure for fluorescent lamp ballasts.
DOE has determined that this rule falls
into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, this rule amends an
existing rule without affecting the
amount, quality or distribution of
energy usage, and, therefore, will not
result in any environmental impacts.
Thus, this rulemaking is covered by
Categorical Exclusion A5 under 10 CFR
part 1021, subpart D, which applies to
any rulemaking that interprets or
amends an existing rule without
changing the environmental effect of
that rule. Accordingly, neither an
E:\FR\FM\29APR1.SGM
29APR1
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
environmental assessment nor an
environmental impact statement is
required.
mstockstill on DSK3G9T082PROD with RULES
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. 65 FR 13735. DOE
examined this final rule and determined
that it will not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of this final rule.
States can petition DOE for exemption
from such preemption to the extent, and
based on criteria, set forth in EPCA. (42
U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
VerDate Sep<11>2014
16:42 Apr 28, 2016
Jkt 238001
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at https://
energy.gov/gc/office-general-counsel.
DOE examined this final rule according
to UMRA and its statement of policy
and determined that the rule contains
neither an intergovernmental mandate,
nor a mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
25599
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
this final rule under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that: (1) Is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
E:\FR\FM\29APR1.SGM
29APR1
25600
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
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.
mstockstill on DSK3G9T082PROD with RULES
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; FEAA) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
The proposed modifications to the
test procedures addressed by this action
reference certain sections of the
commercial standards, ANSI C78.901–
2005, ‘‘American National Standard for
Electric Lamps—Single-Based
Fluorescent Lamps—Dimensional and
Electrical Characteristics’’ and IEC
60081, ‘‘International Electrotechnical
Commission Double-capped fluorescent
lamps—Performance specifications’’
(Amendment 4, Edition 5.0). DOE has
evaluated these two standards and is
unable to conclude whether they fully
comply with the requirements of section
32(b) of the FEAA (i.e., whether they
were developed in a manner that fully
provides for public participation,
comment, and review.) DOE has
consulted with both the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in these
standards and has received no
comments objecting to their use.
M. Description of Standards
Incorporated by Reference
In this final rule, DOE incorporates by
reference the test standard titled ANSI
C78.901–2005, ‘‘American National
Standard for Electric Lamps—SingleBased Fluorescent Lamps—Dimensional
and Electrical Characteristics’’. The
proposed modifications to the test
procedures addressed by this action
VerDate Sep<11>2014
16:42 Apr 28, 2016
Jkt 238001
reference certain sections of this
commercial standard. ANSI C78.901 is
readily available at https://www.ansi.org.
DOE also incorporates by reference
the test standard published by IEC,
titled ‘‘International Electrotechnical
Commission Double-capped fluorescent
lamps—Performance specifications,’’
IEC 60081 (Amendment 4 Edition 5.0,
2010–02). IEC 60081 is an industry
accepted standard that specifies
dimensional and electrical
characteristics related to fluorescent
lamps (specifically T5 lamps) and is
applicable to products sold in North
America. The description of lampballast pairings for testing amended in
this final rule references IEC 60081. IEC
60081 is readily available on IEC’s Web
site at https://webstore.ansi.org.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
O. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final 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 March 24,
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE amends parts 429 and
430 of chapter II, subchapter D, of title
10, 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:
■
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Authority: 42 U.S.C. 6291–6317.
2. Section 429.26 is amended by
revising paragraphs (a)(2)(ii)
introductory text and (b)(2) and adding
paragraph (c) to read as follows:
■
§ 429.26
Fluorescent lamp ballasts.
(a) * * *
(2) * * *
(ii) Any represented value of the
ballast luminous efficiency, power
factor, or other measure of the energy
efficiency or energy consumption of a
basic model for which consumers would
favor a higher value must be less than
or equal to the lower of:
*
*
*
*
*
(b) * * *
(2) Pursuant to § 429.12(b)(13), a
certification report must include the
following public product-specific
information: The ballast luminous
efficiency, the power factor, the number
of lamps operated by the ballast, and the
type of lamps operated by the ballast.
(c) Rounding requirements. (1) Round
ballast luminous efficiency to the
nearest thousandths place.
(2) Round power factor to the nearest
hundredths place.
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 in paragraph (e)(7) the text
‘‘, appendix Q,’’ after the text ‘‘§ 430.2’’;
■ b. Redesignating paragraphs (p)(2)
through (p)(4) as paragraphs (p)(3)
through (p)(5) respectively; and
■ c. Adding new paragraph (p)(2) to
read as follows:
■
■
§ 430.3 Materials incorporated by
reference.
*
*
*
*
*
(p) * * *
(2) IEC Standard 60081, (‘‘IEC
60081’’), Double-capped fluorescent
lamps—Performance specifications,
(Amendment 4, Edition 5.0, 2010–02);
IBR approved for appendix Q to subpart
B.
*
*
*
*
*
■ 5. Appendix Q to subpart B of part
430 is amended by revising Table A of
section 2.3 to read as follows:
Appendix Q to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Fluorescent
Lamp Ballasts
*
E:\FR\FM\29APR1.SGM
*
*
29APR1
*
*
25601
Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
2.3 * * *
TABLE A—LAMP-AND-BALLAST PAIRINGS AND FREQUENCY ADJUSTMENT FACTORS
Lamp type
Frequency adjustment
factor (b)
Ballast type
Nominal lamp
wattage
Lamp diameter and base
Ballasts that operate straight-shaped lamps
(commonly referred to as 4-foot medium
bipin lamps) with medium bipin bases and
a nominal overall length of 48 inches.
Ballasts that operate U-shaped lamps (commonly referred to as 2-foot U-shaped
lamps) with medium bipin bases and a
nominal overall length between 22 and 25
inches.
Ballasts that operate rapid-start lamps (commonly referred to as 8-foot-high output
lamps) with recessed double contact bases
and a nominal overall length of 96 inches.
Ballasts that operate instant-start lamps
(commonly referred to as 8-foot slimline
lamps) with single pin bases and a nominal overall length of 96 inches.
Ballasts that operate straight-shaped lamps
(commonly referred to as 4-foot miniature
bipin standard output lamps) with miniature
bipin bases and a nominal length between
45 and 48 inches.
Ballasts that operate straight-shaped lamps
(commonly referred to as 4-foot miniature
bipin high output lamps) with miniature
bipin bases and a nominal length between
45 and 48 inches.
Sign ballasts that operate rapid-start lamps
(commonly referred to as 8-foot high output lamps) with recessed double contact
bases and a nominal overall length of 96
inches.
Lowfrequency
Highfrequency
T8 MBP (Data Sheet 7881–ANSI–1005–2) * ...............
T12 MBP (Data Sheet 7881–ANSI–1006–1) * .............
32
34
0.94
0.93
1.0
1.0
T8 MBP (Data Sheet 78901–ANSI–4027–1) * .............
T12 MBP ** ...................................................................
32
34
0.94
0.93
1.0
1.0
T8 HO RDC (Data Sheet 7881–ANSI–1501–1) * .........
T12 HO RDC (Data Sheet 7881–ANSI–1017–1) * .......
86
95
0.92
0.94
1.0
1.0
T8 slimline SP (Data Sheet 7881–ANSI–1505–1) * .....
T12 slimline SP (Data Sheet 7881–ANSI–3006–1) * ...
59
60
0.95
0.94
1.0
1.0
T5 SO Mini-BP (Data Sheet 60081–IEC–6640–5)* .....
28
0.95
1.0
T5 HO Mini-BP (Data Sheet 60081–IEC–6840–4) * ....
54
0.95
1.0
T8 HO RDC (Data Sheet 7881–ANSI–1501–1) * .........
T12 HO RDC (Data Sheet 7881–ANSI–1019–1) * .......
86
† 110
0.92
0.94
1.0
1.0
MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin, respectively.
A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is designed and marketed to operate.
* Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see § 430.3).
** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12 2-foot U-shaped lamps
with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers should select a T12 U-shaped lamp designed and marketed as having a nominal wattage of 34 W.
† Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference; see § 430.3) lists nominal
wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be used for testing.
DEPARTMENT OF TRANSPORTATION
feet above the surface at South Grand
Lake Regional Airport, Ketchum, OK, to
accommodate new Standard Instrument
Approach Procedures for the safety and
management of Instrument Flight Rules
(IFR) operations at the airport.
Federal Aviation Administration
DATES:
*
*
*
*
*
[FR Doc. 2016–10012 Filed 4–28–16; 8:45 a.m.]
BILLING CODE 6450–01–P
Effective 0901 UTC, July 21,
2016. The Director of the Federal
Register approves this incorporation by
reference action under Title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
14 CFR Part 71
mstockstill on DSK3G9T082PROD with RULES
[Docket No. FAA–2016–1288; Airspace
Docket No. 15–ASW–23]
Establishment of Class E Airspace;
Ketchum, OK
This action establishes Class
E airspace extending upward from 700
SUMMARY:
VerDate Sep<11>2014
16:42 Apr 28, 2016
Jkt 238001
FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed on line at https://
www.faa.gov/air_traffic/publications.
For further information, you can contact
ADDRESSES:
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone: 202–
267–8783. The Order is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
FAA Order 7400.9Z at NARA, call 202–
741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal-regulations/ibr_
locations.html.
FAA Order 7400.9, Airspace
Designations and Reporting Points is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT:
Rebecca Shelby, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
E:\FR\FM\29APR1.SGM
29APR1
]]>Agencies
[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 25595-25601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10012]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[Docket No. EERE-2009-BT-TP-0016]
RIN 1904-AD58
Energy Conservation Program: Clarification of Test Procedures for
Fluorescent Lamps Ballasts
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On November 4, 2015, the U.S. Department of Energy (DOE)
issued a notice of proposed rulemaking (NOPR) to clarify the test
procedures for fluorescent lamp ballasts. That proposed rulemaking
serves as the basis for the final rule. DOE is issuing a final rule to
replace all instances of ballast efficacy factor (BEF) with ballast
luminous efficiency (BLE) in its regulations concerning fluorescent
lamps ballasts and to add rounding instructions to the same section for
BLE and power factor. DOE is also clarifying the represented value
instructions for power factor. Finally, DOE is amending Appendix Q to
clarify the lamp-ballast pairings for testing.
DATES: The effective date of this rule is May 31, 2016. The final rule
changes will be mandatory for product testing starting June 28, 2016.
The incorporation by reference of certain material listed in this
rule is approved by the Director of the Federal Register as of May 31,
2016.
[[Page 25596]]
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at regulations.gov. All
documents in the docket are listed in the regulations.gov index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
A link to the docket Web page can be found at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/62. This Web page will contain a link to the docket for this
notice on the regulations.gov site. The regulations.gov Web page will
contain simple instructions on how to access all documents, including
public comments, in the docket.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone:
(202) 287-1604. Email: fluorescent_lamp_ballasts@ee.doe.gov.
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: Sarah.Butler@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE is incorporating by reference the
following industry standards into 10 CFR part 430.
(1) ANSI _IEC78.901-2005, Revision of ANSI C78.901-2001 (``ANSI
C78.901''), American National Standard for Electric Lamps--Single-Based
Fluorescent Lamps--Dimensional and Electrical Characteristics, approved
March 23, 2005.
(2) IEC \1\ 60081 (Amendment 4, Edition 5.0, 2010-02), ``Double-
capped fluorescent lamps--Performance specifications.''
---------------------------------------------------------------------------
\1\ International Electrotechnical Commission.
---------------------------------------------------------------------------
Copies of ANSI C78.901 and IEC 60081 can be obtained from the
American National Standards Institute, 25 West 43rd Street, 4th Floor,
New York, NY 10036, (212) 642-4900, or go to https://webstore.ansi.org.
Copies of these industry standards can also be reviewed in person
at U.S. Department of Energy, Building Technologies Program, 950
L'Enfant Plaza SW., Suite 600, Washington, DC, 20024. For further
information on accessing standards incorporated by reference, contact
Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
This standard is discussed further in section IV.M.
Table of Contents
I. Authority and Background
A. General Test Procedure Rulemaking Process
II. Synopsis of the Final Rule
III. Discussion
A. Replacing Ballast Efficacy Factor With Ballast Luminous
Efficiency
B. Rounding Requirements for Ballast Luminous Efficiency
C. Rounding Requirements and Represented Value for Power Factor
D. Lamp Pairing for Testing
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Standards Incorporated by Reference
N. Congressional Notification
O. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B \2\ 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 and
established the ``Energy Conservation Program for Consumer Products
Other Than Automobiles.'' \3\ These include fluorescent lamp ballasts,
the subject of this final rule. (42 U.S.C. 6292(a)(13))
---------------------------------------------------------------------------
\2\ For editorial reasons Part B was codified as Part A in the
U.S. Code (42 U.S.C. 6291-6309, as codified).
\3\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015,
Public Law 114-11 (Apr. 30, 2015).
---------------------------------------------------------------------------
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, and (2) making representations about the efficiency
of those products. Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA.
DOE published test procedure final rules on April 24, 1991, October
22, 2009, and May 4, 2011 (hereafter the ``May 2011 test procedure
final rule''), establishing active mode test procedures, standby and
off mode test procedures, and revised active mode test procedures
respectively. 56 FR 18677, 74 FR 54445, and 76 FR 25211. The May 2011
test procedure final rule established Appendix Q1 \4\ to subpart B of
10 CFR part 430. DOE also published final rules establishing and
amending energy conservation standards for fluorescent lamp ballasts on
September 19, 2000, and November 14, 2011 (hereafter the ``November
2011 standards final rule''), which completed the two energy
conservation standard rulemakings required under 42 U.S.C. 6295(g)(7).
65 FR 56740; 76 FR 70547. The November 2011 standards final rule
established the regulations located at 10 CFR 430.32(m)(8)-(10), which
were later relocated to 10 CFR 430.32(m)(1)-(4). DOE also published
final rules on February 4, 2015 (hereafter the ``February 2015
correction final rule'') and on June 5, 2015 (hereafter the ``June 2015
clarification final rule'') to correct and clarify certain requirements
and specifications in the CFR relating to energy conservation standards
and test procedures. 80 FR 5896; 80 FR 31971.
---------------------------------------------------------------------------
\4\ Appendix Q1 was redesignated as Appendix Q in the June 2015
clarification final rule. 80 FR 31971 (June 5, 2015).
---------------------------------------------------------------------------
This final rule adopts additional clarifications in support of the
current test procedure. On November 4, 2015, DOE published a NOPR
(hereafter the ``November 2015 NOPR'') proposing clarifications to the
test procedures for fluorescent lamp ballasts. 80 FR 68274. That notice
of proposed rulemaking serves as the basis for this final rule.
A. General Test Procedure Rulemaking Process
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. EPCA provides that any test procedures prescribed or
amended under this section shall be reasonably designed to produce test
results which measure energy efficiency, energy use or
[[Page 25597]]
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))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product as determined under the existing test procedure. (42 U.S.C.
6293(e)(1))
With respect to this rulemaking, DOE has determined that the four
amendments it is adopting (replacing ballast efficacy factor with
ballast luminous efficiency [described in section III.A], rounding
requirements for ballast luminous efficiency [described in section
III.B], rounding and represented value requirements for power factor
[described in section III.C] and lamp pairings for testing [described
in section III.D]) will not change the measured energy use of
fluorescent lamp ballasts when compared to the current test procedure.
II. Synopsis of the Final Rule
In this final rule, DOE is amending the test procedure with several
clarifications to the requirements for fluorescent lamp ballasts. DOE
is replacing all instances of ballast efficacy factor (BEF) with
ballast luminous efficiency (BLE) in 10 CFR 429.26 and adding rounding
instructions in 10 CFR 429.26 for BLE and power factor. DOE is also
clarifying the represented value instructions for power factor.
Finally, DOE is revising Appendix Q to clarify the lamp-ballast
pairings for testing.
Manufacturers are required to comply with the requirements included
in this rulemaking starting 60 days after the publication of the final
rule.
III. Discussion
A. Replacing Ballast Efficacy Factor With Ballast Luminous Efficiency
Manufacturers were previously required to use the test procedure
for fluorescent lamp ballasts at 10 CFR part 430, subpart B, appendix Q
to determine compliance with DOE's standards, which were expressed in
terms of a BEF metric. The May 2011 test procedure final rule, which
changed the test procedure to a measurement of BLE, established
appendix Q1 to subpart B of 10 CFR part 430 to determine compliance
with DOE's fluorescent lamp ballast standards. 76 FR 25211. On November
14, 2011, DOE issued amended standards for fluorescent lamp ballasts
based on BLE and compliance with those standards has been required
since November 14, 2014. 76 FR 70548. 10 CFR 430.32(m). Because the
fluorescent lamp ballast standards based on BEF are no longer
applicable, the June 2015 clarification final rule removed the test
procedure for BEF at Appendix Q and redesignated the Appendix Q1 test
procedure for BLE as Appendix Q. 80 FR 31971. To support the transition
from BEF to BLE, DOE proposed in the November 2015 NOPR to replace all
instances of BEF with BLE in 10 CFR 429.26.
NEMA commented that they agreed with DOE's suggested changes.
(NEMA, No. 33 at p. 1) \5\ DOE received no further comments in response
to the proposed changes to 10 CFR 429.26. Therefore, DOE is replacing
all instances of BEF with BLE in 10 CFR 429.26.
---------------------------------------------------------------------------
\5\ A notation in this form provides a reference for information
that is in the docket of DOE's rulemaking to develop test procedures
for fluorescent lamp ballasts (Docket No. EERE-2009-BT-TP-0016),
which is maintained at www.regulations.gov. This notation indicates
that the statement preceding the reference is document number 33 in
the docket for the fluorescent lamp ballasts test procedure
rulemaking, and appears at page 1 of that document.
---------------------------------------------------------------------------
B. Rounding Requirements for Ballast Luminous Efficiency
Currently, rounding requirements are not provided for the
represented value of BLE. When developing standards in the November
2011 standards final rule, DOE rounded BLE to the thousandths place
when analyzing the costs and benefits of the adopted standard. For
consistency with the November 2011 standards final rule, DOE proposed
to specify rounding the represented value of BLE to the nearest
thousandths place in a NOPR proposing clarifications to the test
procedures for fluorescent lamp ballasts published on January 6, 2015
(hereafter the ``January 2015 clarification NOPR''). 80 FR 404. NEMA
agreed that rounding to the thousandths place is acceptable as long as
significant figures are handled correctly. (NEMA, No. 30 at p. 3)
However, DOE determined that rounding requirements would be more
appropriately addressed in 10 CFR 429.26,\6\ and thus did not adopt
rounding requirements in the June 2015 clarification final rule. Thus,
in the November 2015 NOPR, DOE proposed to amend 10 CFR 429.26 by
specifying that the represented value of BLE must be rounded to the
nearest thousandths place.
---------------------------------------------------------------------------
\6\ The January 2015 clarification NOPR proposed to include
rounding requirements at 10 CFR 430.23.
---------------------------------------------------------------------------
NEMA commented that they agreed with DOE's proposed amendments in
the November 2015 NOPR. (NEMA, No. 33 at p. 1) DOE received no further
comments on this clarification. Thus, based on the reasons presented in
the November 2015 NOPR, DOE is adopting the clarification in 10 CFR
429.26 that the represented value of BLE must be rounded to the nearest
thousandths place.
C. Rounding Requirements and Represented Value for Power Factor
Currently, rounding requirements are not provided for the
represented value of power factor. Manufacturers have shown the
capability to round to the nearest hundredths place. When reporting
power factor in product literature and data sheets, it is standard for
manufacturers to round to the nearest hundredths place. In the November
2015 NOPR, DOE proposed to amend 10 CFR 429.26 by specifying that the
power factor must be rounded to the nearest hundredths place. DOE also
proposed to add power factor to 10 CFR 429.26(a)(2)(ii) to clearly
indicate the requirements for calculating the represented value of
power factor prior to rounding.
NEMA commented that they agreed with DOE's proposed amendments.
(NEMA, No. 33 at p. 1) DOE received no additional comments on the
changes regarding power factor. Based on the reasons presented in the
November 2015 NOPR, DOE is adopting the changes to 10 CFR 429.26
regarding power factor in this final rule.
D. Lamp Pairing for Testing
In the May 2011 test procedure final rule, DOE specified that
ballasts are to be paired with the most common wattage lamp and
provided a table (Table A of appendix Q of subpart B of 10 CFR part
430) to indicate which lamp should be used with each ballast. 76 FR
25211. Table A lists the ballast description along with the lamp type
intended for testing. Though ballasts can frequently operate lamps of
the same diameter but different wattages, DOE requires testing with
only one lamp wattage per ballast. To clarify this requirement, in the
January 2015 clarification NOPR, DOE proposed to indicate in section
2.3.1.7 of Appendix Q that each ballast should be tested with only one
lamp type corresponding to the lamp diameter and base type the ballast
is designed and marketed to operate. 80 FR 404, 415. For example, a
ballast designed and marketed to operate both 32 watt (W) 4-foot medium
bipin (MBP)
[[Page 25598]]
T8 lamps and 28 W 4-foot MBP T8 lamps should only be tested with the 32
W lamp. DOE also proposed to indicate in section 2.3.1.5 of Appendix Q
that a ballast designed and marketed to operate both T8 and T12 lamps
must be tested with T8 lamps. 80 FR at 406. DOE adopted these proposed
clarifications in the June 2015 clarification final rule. 80 FR 31971.
Regarding the proposal in the January 2015 clarification NOPR, NEMA
recommended that DOE include the American National Standards Institute
(ANSI) lamp abbreviations from ANSI C78.81 \7\ in Table A of Appendix Q
of subpart B of 10 CFR part 430. (NEMA, No. 30 at p. 2) DOE did not
address this lamp identification issue in the June 2015 clarification
final rule because DOE wanted to provide opportunity for public comment
on the proposed incorporation by reference of additional industry
standards.
---------------------------------------------------------------------------
\7\ ``American National Standard for Electric Lamps: Double-
Capped Fluorescent Lamps--Dimensional and Electrical
Characteristics'' (approved Jan. 14, 2010).
---------------------------------------------------------------------------
In the November 2015 NOPR, DOE agreed that referencing the ANSI and
IEC lamp specifications would further clarify the lamp pairings used
for testing. Section 2.3.1.3 of Appendix Q states that the fluorescent
lamp used for testing must meet the specifications of a reference lamp
as defined by ANSI C82.13 (IBR 430.3), and ANSI C82.13 states that the
lamps used must operate at values of lamp voltage, lamp wattage and
lamp current, each within 2.5 percent of the values given in the
corresponding lamp standards found in ANSI C78.81 and ANSI C78.901.
Therefore in the November 2015 NOPR, DOE proposed to add the
appropriate page number corresponding to the lamp specifications in
ANSI_ANSLG C78.81-2010 (hereafter ``ANSI C78.81-2010''), ANSI_IEC
C78.901-2005 (hereafter ``ANSI C78.901-2005''),\8\ and IEC 60081
(Amendment 4, Edition 5.0) \9\ in parentheses alongside the contents of
the Lamp Diameter and Base column of Table A of Appendix Q. To support
these page number references, DOE proposed to incorporate by reference
IEC 60081 (Amendment 4, Edition 5.0).
---------------------------------------------------------------------------
\8\ ``American National Standard for Electric Lamps--Single-
Based Fluorescent Lamps--Dimensional and Electrical
Characteristics'' (approved Mar. 23, 2005).
\9\ ANSI C78.81 directs readers to IEC 60081 for lamp
specifications for T5 miniature bipin lamps. IEC 60081 refers to
``International Electrotechnical Commission Double-capped
fluorescent lamps--Performance specifications'' (approved Feb. 18,
2010).
---------------------------------------------------------------------------
NEMA commented that they agreed with DOE's proposed amendments.
(NEMA, No. 33 at p. 1) DOE received no additional comments regarding
the addition of page number references to Table A of Appendix Q. Based
on the reasons presented in the November 2015 NOPR, DOE is adopting
these changes in this final rule.
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 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 (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003 to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: https://energy.gov/gc/office-general-counsel.
This rulemaking clarifies existing requirements for testing and
compliance with standards and does not change the burden associated
with fluorescent lamp ballast regulations on any entity, large or
small. Therefore, DOE concludes and certifies that this rulemaking will
not have a significant economic impact on a substantial number of small
entities.
Accordingly, DOE did not prepare a regulatory flexibility analysis
for this rulemaking. DOE's certification and supporting statement of
factual basis will be provided to the Chief Counsel for Advocacy of the
SBA \10\ for review under 5 U.S.C. 605(b). DOE certifies that this rule
will have no significant impact on a substantial number of small
entities.
---------------------------------------------------------------------------
\10\ Small Business Administration.
---------------------------------------------------------------------------
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of fluorescent lamp ballasts must certify to DOE that
their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for fluorescent lamp
ballasts, including any amendments adopted for those test procedures.
DOE has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including fluorescent lamp ballasts. See generally, 10 CFR
part 429, subpart B. The collection-of-information requirement for the
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (PRA).
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 shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE amends its test procedure for fluorescent
lamp ballasts. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this rule
amends an existing rule without affecting the amount, quality or
distribution of energy usage, and, therefore, will not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any
rulemaking that interprets or amends an existing rule without changing
the environmental effect of that rule. Accordingly, neither an
[[Page 25599]]
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
[[Page 25600]]
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
The proposed modifications to the test procedures addressed by this
action reference certain sections of the commercial standards, ANSI
C78.901-2005, ``American National Standard for Electric Lamps--Single-
Based Fluorescent Lamps--Dimensional and Electrical Characteristics''
and IEC 60081, ``International Electrotechnical Commission Double-
capped fluorescent lamps--Performance specifications'' (Amendment 4,
Edition 5.0). DOE has evaluated these two standards and is unable to
conclude whether they fully comply with the requirements of section
32(b) of the FEAA (i.e., whether they were developed in a manner that
fully provides for public participation, comment, and review.) DOE has
consulted with both the Attorney General and the Chairman of the FTC
about the impact on competition of using the methods contained in these
standards and has received no comments objecting to their use.
M. Description of Standards Incorporated by Reference
In this final rule, DOE incorporates by reference the test standard
titled ANSI C78.901-2005, ``American National Standard for Electric
Lamps--Single-Based Fluorescent Lamps--Dimensional and Electrical
Characteristics''. The proposed modifications to the test procedures
addressed by this action reference certain sections of this commercial
standard. ANSI C78.901 is readily available at https://www.ansi.org.
DOE also incorporates by reference the test standard published by
IEC, titled ``International Electrotechnical Commission Double-capped
fluorescent lamps--Performance specifications,'' IEC 60081 (Amendment 4
Edition 5.0, 2010-02). IEC 60081 is an industry accepted standard that
specifies dimensional and electrical characteristics related to
fluorescent lamps (specifically T5 lamps) and is applicable to products
sold in North America. The description of lamp-ballast pairings for
testing amended in this final rule references IEC 60081. IEC 60081 is
readily available on IEC's Web site at https://webstore.ansi.org.
N. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
O. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
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 March 24, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends parts 429 and
430 of chapter II, subchapter D, of title 10, 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 429.26 is amended by revising paragraphs (a)(2)(ii)
introductory text and (b)(2) and adding paragraph (c) to read as
follows:
Sec. 429.26 Fluorescent lamp ballasts.
(a) * * *
(2) * * *
(ii) Any represented value of the ballast luminous efficiency,
power factor, or other measure of the energy efficiency or energy
consumption of a basic model for which consumers would favor a higher
value must be less than or equal to the lower of:
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public product-specific information: The ballast
luminous efficiency, the power factor, the number of lamps operated by
the ballast, and the type of lamps operated by the ballast.
(c) Rounding requirements. (1) Round ballast luminous efficiency to
the nearest thousandths place.
(2) Round power factor to the nearest hundredths place.
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 in paragraph (e)(7) the text ``, appendix Q,'' after the text
``Sec. 430.2'';
0
b. Redesignating paragraphs (p)(2) through (p)(4) as paragraphs (p)(3)
through (p)(5) respectively; and
0
c. Adding new paragraph (p)(2) to read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(p) * * *
(2) IEC Standard 60081, (``IEC 60081''), Double-capped fluorescent
lamps--Performance specifications, (Amendment 4, Edition 5.0, 2010-02);
IBR approved for appendix Q to subpart B.
* * * * *
0
5. Appendix Q to subpart B of part 430 is amended by revising Table A
of section 2.3 to read as follows:
Appendix Q to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Fluorescent Lamp Ballasts
* * * * *
[[Page 25601]]
2.3 * * *
Table A--Lamp-and-Ballast Pairings and Frequency Adjustment Factors
----------------------------------------------------------------------------------------------------------------
Lamp type Frequency adjustment
-------------------------------------------------- factor ([beta])
Ballast type -----------------------
Lamp diameter and base Nominal lamp Low- High-
wattage frequency frequency
----------------------------------------------------------------------------------------------------------------
Ballasts that operate straight-shaped T8 MBP (Data Sheet 7881-ANSI-1005- 32 0.94 1.0
lamps (commonly referred to as 4-foot 2) *. 34 0.93 1.0
medium bipin lamps) with medium bipin T12 MBP (Data Sheet 7881-ANSI-1006-
bases and a nominal overall length of 1) *.
48 inches.
Ballasts that operate U-shaped lamps T8 MBP (Data Sheet 78901-ANSI-4027- 32 0.94 1.0
(commonly referred to as 2-foot U- 1) *. 34 0.93 1.0
shaped lamps) with medium bipin bases T12 MBP **........................
and a nominal overall length between
22 and 25 inches.
Ballasts that operate rapid-start T8 HO RDC (Data Sheet 7881-ANSI- 86 0.92 1.0
lamps (commonly referred to as 8-foot- 1501-1) *. 95 0.94 1.0
high output lamps) with recessed T12 HO RDC (Data Sheet 7881-ANSI-
double contact bases and a nominal 1017-1) *.
overall length of 96 inches.
Ballasts that operate instant-start T8 slimline SP (Data Sheet 7881- 59 0.95 1.0
lamps (commonly referred to as 8-foot ANSI-1505-1) *. 60 0.94 1.0
slimline lamps) with single pin bases T12 slimline SP (Data Sheet 7881-
and a nominal overall length of 96 ANSI-3006-1) *.
inches.
Ballasts that operate straight-shaped T5 SO Mini-BP (Data Sheet 60081- 28 0.95 1.0
lamps (commonly referred to as 4-foot IEC-6640-5)*.
miniature bipin standard output
lamps) with miniature bipin bases and
a nominal length between 45 and 48
inches.
Ballasts that operate straight-shaped T5 HO Mini-BP (Data Sheet 60081- 54 0.95 1.0
lamps (commonly referred to as 4-foot IEC-6840-4) *.
miniature bipin high output lamps)
with miniature bipin bases and a
nominal length between 45 and 48
inches.
Sign ballasts that operate rapid-start T8 HO RDC (Data Sheet 7881-ANSI- 86 0.92 1.0
lamps (commonly referred to as 8-foot 1501-1) *. [dagger] 110 0.94 1.0
high output lamps) with recessed T12 HO RDC (Data Sheet 7881-ANSI-
double contact bases and a nominal 1019-1) *.
overall length of 96 inches.
----------------------------------------------------------------------------------------------------------------
MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin,
respectively.
A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is
designed and marketed to operate.
* Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see
Sec. 430.3).
** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12 2-
foot U-shaped lamps with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers should
select a T12 U-shaped lamp designed and marketed as having a nominal wattage of 34 W.
[dagger] Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference;
see Sec. 430.3) lists nominal wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be
used for testing.
* * * * *
[FR Doc. 2016-10012 Filed 4-28-16; 8:45 a.m.]
BILLING CODE 6450-01-P
