[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23749]


[Federal Register: September 28, 1994]


DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM-94-220-NOPR]
RIN: 1904-AA70


Energy Conservation Program for Consumer Products

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy

ACTION: Notice of Proposed Rule and Public Hearing.

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SUMMARY: The Department of Energy (the Department) gives notice of a 
proposed rulemaking to define colored fluorescent and incandescent 
lamps and to define the exemption from energy conservation standards 
for a rough or vibration service incandescent reflector lamp. The 
Energy Policy Act of 1992 requires the Department of Energy to 
administer an energy conservation program for certain major household 
appliances and commercial equipment, including fluorescent and 
incandescent lamps. Today's proposed rule will clarify definitions for 
colored fluorescent and incandescent lamps and will clarify the 
exemption for rough or vibration service incandescent reflector lamps.

DATES: Written comments (eight copies) in response to this notice must 
be received by December 12, 1994.
    Oral views, data, and arguments may be presented at the public 
hearing to be held in Washington, DC., on November 15, 1994. Requests 
to speak at the hearing must be received by the Department no later 
than 4:00 p.m. Copies of statements to be given at the public hearing 
must be received by the Department no later than 4 p.m. The length of 
each presentation is limited to 15 minutes.

ADDRESSES: Written comments (eight copies) and requests to speak at the 
public hearing are to be submitted to: U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Proposed Definitions 
for Certain Fluorescent Lamps and Incandescent Lamps, Docket No. EE-RM-
94-220-NOPR, Forrestal Building, 1000 Independence Avenue, SW., 
Washington, DC 20585, (202) 586-7140.
    The hearing will begin at 9:30 a.m. on November 15, 1994 and will 
be held at the U.S. Department of Energy, Forrestal Building, Room 1E-
245, 1000 Independence Avenue, SW., Washington, DC.
    Copies of the transcript of the public hearing and public comments 
received may be read at the Department of Energy Freedom of Information 
Reading Room, U.S. Department of Energy, Forrestal Building, Room 1E-
190, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
6020, between the hours of 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.
    For more information concerning public participation in this 
rulemaking proceeding, see Section VII., ``Public Comment,'' of 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:
Terrence L. Logee, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Mail Station EE-431, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 
586-1689
Eugene Margolis, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence 
Avenue SW., Washington, DC 20585, (202) 586-9507

SUPPLEMENTARY INFORMATION:

I. Introduction

    Part B of Title III of the Energy Policy and Conservation Act 
(EPCA), Public Law 94-163, as amended by the National Energy 
Conservation Policy Act (NECPA), Public Law 95-619, the National 
Appliance Energy Conservation Act (NAECA) of 1987, Public Law 100-12, 
the National Appliance Energy Conservation Amendments of 1988 (NAECA 
1988), Public Law 100-357, and the Energy Policy Act of 1992 (EPACT), 
Public Law 102-486, created the Energy Conservation Program for 
Consumer Products other than Automobiles (Program).1 The consumer 
and commercial products currently subject to this Program (often 
referred to hereafter as ``covered products'') include general service 
fluorescent lamps and general service incandescent lamps, the subject 
of today's notice. The Department is publishing elsewhere in this issue 
an Interim Final Rule amending part 430 to establish test procedures 
for flourescent and incandescent lamps, incorporating by reference test 
procedures adopted by the Illuminating Engineering Society (IES), 
American National Standards Institute (ANSI) and the International 
Commission on Illumination (CIE).
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    \1\Part B of Title III of EPCA, as amended, is referred to in 
this proposed rule as the ``Act.'' Part B of Title III is codified 
at 42 U.S.C. 6291-6309.
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II. Discussion

    By this notice, the Department is proposing definitions for colored 
fluorescent and incandescent lamps. The Department is also proposing to 
clarify the exemption for rough or vibration service incandescent 
reflector lamps by requiring a C-17 or C-22 filament or by requiring a 
vibration test. The proposed definitions will apply to those products 
covered by sections 322(a)(14) and 325(i)(1) of the Act.

A. Definitions

    By this notice, the Department is defining colored fluorescent and 
colored incandescent lamps because section 321(a)(30)(B)(iii) and 
section 321(a)(30)(C)(ii) of the Act contain exemptions for these lamps 
without defining them. After a meeting with lamp manufacturers and the 
National Electrical Manufacturers Association, the Department believes 
that a colored lamp can be defined by using a suitable minimum value of 
the Color Rendering Index (CRI) or a correlated color temperature. The 
National Institute of Standards and Technology personnel have 
researched CRI values and correlated color temperatures for many 
different colored fluorescent and incandescent lamps. The National 
Institute of Standards and Technology recommends and the Department 
agrees that either CRI or color temperature will sufficiently define 
colored lamps. The Department is proposing that a CRI value less than 
30 and a lamp color correlated temperature either below 2,500 deg.K for 
red and yellow colors or above 7,000 deg.K for blue and green colors 
will allow an exemption for bona-fide colored fluorescent lamps while 
requiring all of the ``white'' lamps to meet the standards. Likewise, 
colored incandescent lamps must have CRI values below 50 and a lamp 
color correlated temperature either below 2,500 deg.K for red and 
yellow colors or above 7,000 deg.K for blue and green colors to be 
exempt from standards. The Department further proposes that these lamps 
be designed, designated and marketed specifically as colored lamps. DOE 
requests comments on the two proposals for definitions of colored 
fluorescent and incandescent lamps. The Department also invites 
manufacturer's to send data on CRI measurements and color correlated 
temperatures for colored fluorescent and incandescent lamps.
    The Department believes that the measurements required to determine 
if a lamp is colored by the above definition are minimal. The CRI is a 
required measurement for fluorescent lamps and manufacturers would only 
have to make a CRI measurement for lightly tinted incandescent lamps 
such as ``jeweler's blue.'' The color temperature is derived from 
spectroradiometric measurements correlated to a blackbody and the 
spectroradiometric data for most lamps already exists so manufacturers 
use a chart to determine the correlated color temperature.
    Note that the ``jeweler's blue'' lamp may require a heavier tint to 
pass the proposed incandescent CRI cutoff so the Department is advising 
the manufacturers to evaluate the CRI of any lightly tinted 
incandescent lamps. However, the Department believes that if the CRI 
for incandescent lamps is raised, that could allow a manufacturer to 
circumvent the standards with lightly tinted lamps.
    Today's proposed rule also contains a definition of an exempt rough 
or vibration service incandescent reflector lamp. Section 
321(a)(30)(C)(ii) of the Act contains an exemption for ``rough or 
vibration service applications'' of incandescent reflector lamps 
without defining this term. After several meetings with lamp 
manufacturers and the National Electrical Manufacturers Association, 
the Department has determined that there is no industry-wide accepted 
agreement on a definition for a rough or vibration service incandescent 
reflector lamp. Also, it appears that there are very few incandescent 
reflector lamps which are marketed solely for rough or vibration 
service applications. From a study, ``Findings on Incandescent 
Reflector Lamps,'' conducted by Lawrence Berkeley Laboratories, DOE has 
determined that sales data for long-life or vibration service 
applications are not collected separately and that approximately 20 
percent of the present incandescent reflector lamp market is comprised 
of lamps marketed for those purposes. The Department was unable to 
separate the long-life reflector lamp market and the vibration service 
reflector lamp market. However, most lamps designated as ``Long-life'' 
rather than ``Vibration Service'' have a C-9 filament with 4-supports. 
Additionally, three large lamp manufacturers use a C-17 filament with 
12 supports to characterize their rough service incandescent reflector 
lamp. The Department believes that lamps labeled and marketed for rough 
or vibration service should either meet a design standard (a C-17 or C-
22 filament) or a performance standard (pass a vibration test). Only 
such lamps would qualify for a rough or vibration service exemption 
from the standards.
    Since reflector lamps with C-9 filaments are marketed for long life 
and since there is no industry consensus for the C-9 filament as a 
vibration design, the Department is proposing to define a rough or 
vibration service application lamp as an incandescent lamp designated 
and marketed specifically for rough or vibration service. Additionally, 
this lamp must have either 6 support wires with a C-17 or C-22 filament 
configuration or the lamp must meet a vibration test. The 6 support 
wires were proposed by one of the manufacturers and the Department 
believes that they will provide enough additional vibration resistance 
while maintaining better lamp efficacy than the 12 support wires 
normally used in a rough or vibration service lamp. The proposed 
vibration test is a modified Naval test specification2 for 
ruggedness of large tungsten filament lamps and consists of a vibration 
frequency test going from 5 to 33 Hz in 1 Hz increments and a 2 hour 
vibration endurance test at 33 Hz. The Department requests comments on 
this proposal.
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    \2\Correspondence to the Office of Codes and Standards from 
Osram Sylvania, Report #E-3727, Proposed Naval Test Specification 
for Ruggedness of Large Tungsten Filament Lamps (Shipboard Use), 
December 3, 1970.
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III. Environmental Review

    Pursuant to section 7(c)(2) of the Federal Energy Administration 
Act a copy of this notice has been submitted to the Administrator of 
the Environmental Protection Agency for comment concerning the impact 
of this proposal on the quality of the environment.
    Since test procedures are used to standardize the measurement of 
energy usage, and will not affect the quality or distribution of energy 
usage, prescribing test procedures will not result in any environmental 
impacts. The Department of Energy, therefore, has determined that 
prescribing test procedures under the Program is not a major Federal 
action significantly affecting the quality of the human environment 
within the meaning of the National Environmental Policy Act of 1969.
    This Rulemaking, which amends existing part 430 of Title 10, will 
not change the environmental effect of such regulation, and is an item 
which is ``categorically excluded (A6)'' by the Department of Energy's 
regulations on National Environmental Policy Act Implementing 
Procedures (10 CFR part 1021) (57 FR 15122, April 24, 1992) (appendix A 
to subpart D, Categorical Exclusion A6.). Consequently, neither an 
Environmental Impact Statement nor an Environmental Assessment is 
required for this rule.

IV. Regulatory Planning and Review

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993). 
Accordingly, today's action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (Pub. L. 96-345) (5 U.S.C. 601-612) 
requires that an agency prepare an initial regulatory flexibility 
analysis and that it be published at the time the proposed rule is 
published. This requirement (which appears in section 603) does not 
apply if the agency ``certifies that the rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities.'' This rule affects manufacturers of general service 
fluorescent and incandescent lamps. As previously discussed, the rule 
would not have significant economic impact, but rather, would provide 
common definitions and test methods. Therefore, the Department of 
Energy certifies that this rule, if promulgated, would not have a 
``significant economic impact on a substantial number of small 
entities.''

VI. Federalism Review

    Executive Order 12612 (52 FR 41685, Oct. 30, 1987) requires that 
regulations or rules be reviewed for any substantial direct effects on 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among 
various levels of government. If there are sufficient substantial 
direct effects, then Executive Order 12612 requires preparation of a 
federalism assessment to be used in all decisions involved in 
promulgating and implementing a regulation or a rule.
    The Department of Energy has identified a substantial direct effect 
that today's proposed rule would have on State governments. It would 
initially preempt inconsistent State regulations. However, the 
Department of Energy has concluded that such effect is not sufficient 
to warrant preparation of a federalism assessment for the following 
reason: the Act provides for subsequent State petitions for exemption. 
Thus, a determination as to whether a State law prevails must be made 
on a case-by-case basis using criteria set forth in the Act. When the 
Department of Energy receives such a petition, it will then be 
appropriate to consider preparing a federalism assessment consistent 
with the criteria in the Act.

VII. Public Comment

A. Written Comment Procedures

    Interested persons are invited to participate in the rulemaking by 
submitting data, comments, or information with respect to the 
definitions set forth in this notice to the address indicated at the 
beginning of the notice.
    Comments should be identified both on the envelope and on the 
documents as ``Definitions for Certain Fluorescent and Incandescent 
Lamps, Docket No. EE-RM-94-220-NOPR.'' Eight (8) copies are requested 
to be submitted. If possible, the Department would appreciate an 
electronic copy of the comments on a 3.5'' diskette. The Department is 
currently using WordPerfectTM 5.1. All submittals received by the 
date specified at the beginning of this notice will be considered by 
the Department of Energy before final action is taken on the proposed 
rule.
    Pursuant to the provisions of 10 CFR 1004.11, any person submitting 
information which he or she believes to be confidential and exempt by 
law from public disclosure should submit one complete copy of the 
document and seven copies, if possible, from which the information 
believed to be confidential has been deleted. The Department of Energy 
will make its own determination with regard to the confidential status 
of the information and treat it according to its determination.
    Factors of interest to the Department of Energy when evaluating 
requests to treat as confidential information that has been submitted 
include: (1) A description of the items; (2) an indication as to 
whether and why such items are customarily 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) an 
indication as to 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.

B. Public Hearing

1. Procedures for Submitting Requests to Speak
    The time and place of the public hearing are indicated at the 
beginning of this notice. The Department of Energy invites any person 
who has an interest in today's proposed rule, or who is a 
representative of a group or class of persons that has an interest in 
these definitions, to make a request for an opportunity to make an oral 
presentation. Such requests should be directed to the address or 
telephone number indicated at the beginning of this notice. Requests 
should be labeled ``Definitions for Certain Fluorescent and 
Incandescent Lamps, Docket No. EE-RM-94-220-NOPR,'' both on the 
document and on the envelope.
    The person making the request should briefly describe the interest 
concerned and state why he or she, either individually or as a 
representative of a group or class of persons that have such an 
interest, is an appropriate spokesperson, and give a telephone number 
where he or she may be contacted.
2. Conduct of Hearing
    The Department of Energy reserves the right to select the persons 
to be heard at the hearing, to schedule the respective presentations, 
and to establish the procedures governing the conduct of the hearing. 
The length of each presentation is limited to 15 minutes.
    A Department of Energy official will be designated to preside at 
the hearing. The hearing will not be a judicial or an evidentiary-type 
hearing, but will be conducted in accordance with 5 U.S.C. 533 and 
section 336 of the Act. At the conclusion of all initial oral 
statements at each day of the hearing, each person who has made an oral 
statement will be given the opportunity to make a clarifying rebuttal 
statement, subject to time limitations. The rebuttal statement will be 
given in the order in which the initial statements were made.
    Any further procedural rules needed for the proper conduct of the 
hearing will be announced by the presiding official.
    A transcript of the hearing will be made, and the entire record of 
this rulemaking, including the transcript, will be retained by the 
Department of Energy and made available for inspection at the 
Department of Energy Freedom of Information Reading Room as provided at 
the beginning of this notice. Any person may purchase a copy of the 
transcript from the transcribing reporter.

C. Issues for Public Comment

    The Department of Energy is interested in receiving comments and 
data concerning the accuracy and workability of these definitions. 
Also, the Department of Energy welcomes discussion on improvements or 
alternatives to these approaches. In particular, the Department of 
Energy is interested in gathering comments on the following:
     Color temperature ranges for colored fluorescent and 
incandescent lamps.
     Appropriateness of the prescribed filaments for the rough 
or vibration service incandescent reflector lamp.
     Applicability of the proposed vibration test to determine 
the rough or vibration service exemption for incandescent reflector 
lamps.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, August 10, 1994.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, part 430 of chapter II 
of title 10, Code of Federal Regulations, is proposed to be amended as 
set forth below.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for Part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309.

    2. Section 430.2 is proposed to be amended by adding definitions 
for ``Colored Fluorescent Lamp,'' ``Colored Incandescent Lamp,'' and 
Rough or Vibration Service Exemption'' in alphabetical order to read as 
follows:


Sec. 430.2   Definitions.

* * * * *
    Colored Fluorescent Lamp means a lamp designed and designated with 
a CRI less than 30, as determined according to the method given in CIE 
Publication 13.2 (as incorporated by reference in 10 CFR 430.22) or 
which has a lamp correlated color temperature either below 2500 deg.K 
or above 7,000 deg.K.
    Colored Incandescent Lamp means a lamp designed and designated with 
a CRI less than 50, as determined according to the method given in CIE 
Publication 13.2 (as incorporated by reference in 10 CFR 430.22) or 
which has a lamp correlated color temperature either below 2500 deg.K 
or above 7,000 deg.K.
* * * * *
    Rough or Vibration Service Incandescent Reflector Lamp means either 
an incandescent lamp in which a C-17 or C-22 filament is mounted with 
no less than six supports not including the lead wires or an 
incandescent lamp which meets the requirements of the vibration test in 
Appendix R(4.3.4) to Subpart B of Part 430. The filament configurations 
are depicted in chapter six of the Illuminating Engineering Society 
Lighting Handbook, 8th Edition, New York, 1993. Additionally, these 
lamps must be designated and marketed specifically for rough or 
vibration service applications.
* * * * *
    3. Section 430.25, paragraph (b) is amended by revising the first 
sentence to read as follows:


Sec. 430.25   Laboratory Accreditation Program.

* * * * *
    (b) The test procedures for general service fluorescent lamps, 
general service incandescent lamps, incandescent reflector lamps, 
medium base compact fluorescent lamps, and rough or vibration service 
incandescent reflector lamps as specified in Appendix R to this 
subpart, shall be conducted by test laboratories accredited by NVLAP or 
an accrediting organization recognized by NVLAP. * * *
    8. Appendix R to Subpart B of Part 430--Uniform Test Method for 
Measuring Average Lamp Efficacy (LE) and Color Rendering Index (CRI) of 
General Service Fluorescent and Incandescent Lamps, Incandescent 
Reflector Lamps, and Medium Base Compact Fluorescent Lamps is amended 
by adding paragraphs 4.3.4, 4.3.4.1, 4.3.4.2, 4.3.4.3, 4.3.4.4, and 
4.3.4.5 to read as follows:

Appendix R to Subpart B of Part 430--Uniform Test Method for Measuring 
Average Lamp Efficacy (LE) and Color Rendering Index (CRI) of Electric 
Lamps

* * * * *
    4. Test Methods and Measurements
* * * * *
    4.3 Incandescent Reflector Lamps
* * * * *
    4.3.4  The following vibration test shall be used to determine 
whether an incandescent lamp qualifies for a rough or vibration 
service application.
    4.3.4.1  The vibration frequency test consists of vibrating an 
illuminated lamp with a sinusoidal wave shape from 5 to 33 Hz in 
discrete frequency intervals of 1 Hz, at the amplitudes shown in the 
table below. At each integral frequency, the vibration shall be 
maintained for five minutes. 

            Amplitudes of Vibration (\1/2\ Total Excursion)             
------------------------------------------------------------------------
                                                        Amplitude  inch  
                                                                        
------------------------------------------------------------------------
5 to 15...............................................  0.030  0.006   
16 to 25..............................................  0.020  0.004   
26 to 33..............................................  0.010  0.002   
------------------------------------------------------------------------

    4.3.4.2  The endurance test consists of a two hour vibration 
test of an illuminated lamp using a sinusoidal wave shape at a 
frequency of 33 HZ and an amplitude of 0.010  .002 
inches.
    4.3.4.3  The vibration frequency and endurance tests shall be 
performed with the direction of vibration along the lamp stem and in 
two directions perpendicular to the stem.
    4.3.4.4  A sample of five lamps shall be randomly chosen from a 
production lot; no failures are permitted.
    4.3.4.5  The test report shall list the testing company, date, 
place and test engineer/technician. It shall also list the lamp 
manufacturer, type of lamp, production date code, and pass or fail 
for the vibration frequency and endurance tests for each lamp.
* * * * *
[FR Doc. 94-23749 Filed 9-27-94; 8:45 am]
BILLING CODE 6450-01-P