[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Pages 10741-10746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6294]



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[[Page 10742]]


DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy


Voluntary Program To Provide Energy Efficiency Information for 
Luminaires

AGENCY: Office of Energy Efficiency and Renewable Energy.

ACTION: Notice of determination.

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SUMMARY: The Energy Policy Act of 1992 (EPACT) requires the Secretary 
of Energy to make a determination on whether a voluntary national 
testing and information program for luminaires, developed by an 
appropriate organization, meets the objectives of the legislation. The 
Department of Energy has provisionally determined that the National 
Lighting Collaborative's voluntary testing and information program for 
luminaires will be consistent with the objectives of EPACT when it is 
demonstrated to the Department that the program has been fully 
implemented so that reliable and comparative energy efficiency 
information about luminaires is widely available to luminaire 
purchasers. A final determination will be made no later than December 
15, 1998.

FOR FURTHER INFORMATION CONTACT:
Barbara Twigg, U.S. Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Mail Station EE-431, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121, (202) 586-8714
Edward P. Levy, Esq., U.S. Department of Energy, Office of General 
Counsel, Mail Station GC-72, 1000 Independence Avenue, SW., Washington, 
DC 20585, (202) 586-9507

SUPPLEMENTARY INFORMATION:

I. Authority

    Section 126 of the Energy Policy Act of 1992 (EPACT), Public Law 
102-486, directed the Secretary of Energy, after consulting with 
industry associations and other interested organizations, to provide 
technical and financial assistance to support a voluntary national 
testing and information program for those types of luminaires that are 
widely used, and for which there is a potential for significant energy 
savings as a result of such program. A luminaire is a complete lighting 
unit consisting of a lamp or lamps and ballasting (when applicable), 
together with the parts designed to distribute the light, to position 
and protect the lamps, and to connect the lamps to the power supply. 
Under Section 126, the voluntary program would provide information 
that, when conveyed to consumers, would enable purchasers of the 
equipment to make more informed decisions about the energy efficiency 
and costs of competing products. The voluntary program would determine 
the luminaires to be covered; include specifications for testing 
procedures; and include information to be disseminated through 
catalogs, trade publications, labels, or other mechanisms, that would 
allow consumers to assess the energy consumption and potential cost 
savings of competing products. Such program would be developed by an 
appropriate organization (composed of interested persons), according to 
commonly accepted procedures for the development of national testing 
procedures and labeling programs.
    EPACT requires the Secretary to make a determination not later than 
three years after the date of its enactment, as to whether the 
voluntary program that has been developed is consistent with the 
objectives established for the testing and rating of luminaires. If the 
Secretary determines that the voluntary program is not consistent with 
the objectives of the legislation, within two years of such 
determination the Secretary shall, after consultation with the National 
Institute of Standards and Technology, develop test procedures for 
luminaires. One year later, the Federal Trade Commission would 
prescribe labeling rules.

II. Background

    Since the passage of EPACT, the Department of Energy has monitored 
the efforts of interested parties to develop a testing and information 
program through the National Lighting Collaborative (NLC or 
Collaborative), a working group composed of the National Electrical 
Manufacturers Association (NEMA), the American Lighting Association, 
lighting manufacturers, environmental organizations, designers, 
national laboratories, electric utility associations, and other 
lighting professionals. The Department has provided technical and 
financial assistance to the Collaborative to help launch and publicize 
the program. DOE held public meetings on May 24, 1994, and on January 
5, 1995, to discuss the progress of the voluntary luminaire program and 
the evaluation criteria that would be considered by the Department in 
making the Secretary's determination. A June 15, 1995, Federal Register 
notice announced the Department's evaluation criteria and requested 
that the Collaborative submit a program description and status report 
of the voluntary luminaire program to the Department by July 14, 1995.

III. DOE Evaluation

    The Collaborative submitted a program description and accompanying 
supporting materials, setting forth its voluntary national testing and 
information program for luminaires, on September 5, 1995, following a 
preliminary report submitted on August 5, 1995. Copies of both reports 
are available in the DOE Freedom of Information Reading Room, U.S. 
Department of Energy, Forrestal Building, Room 1E-190, 1000 
Independence Avenue, SW., Washington, DC, (202) 586-6020, between the 
hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    In carrying out its evaluation of the NLC's program, the Department 
has used the following criteria as discussed in the June 15, 1995, 
Federal Register notice: the organization and composition of the group 
designing the program; the selection of luminaires to be covered and 
potential for energy savings; the testing and rating procedures; the 
effectiveness of the program's energy efficiency information 
dissemination; the extent of manufacturer participation; the success in 
publicizing the new national program; the mechanisms for tracking 
market data and luminaire efficacy; and the plan and structure for 
continuing the program and incorporating new products. The following 
sections discuss in detail whether the voluntary luminaire program, as 
planned, will satisfy the objectives of Section 126 of EPACT.

a. Program Organization

    The National Lighting Collaborative was established by the 
representatives of 23 organizations on April 14, 1992, as a consensus 
organization to resolve opinions on various aspects of lighting policy. 
The Collaborative includes in its active membership representatives 
from NEMA, the American Lighting Association, several luminaire 
manufacturers, the National Institute of Standards and Technology, the 
International Association of Lighting Designers, the Electric Power 
Research Institute, the American Council for an Energy Efficient 
Economy, the Alliance to Save Energy, and Lawrence Berkeley National 
Laboratory. Together, these participants represent a broad spectrum of 
opinion on lighting issues, including the varying perspectives of both 
private companies, testing and research groups, government 
organizations, utilities, and conservation and environmental groups. 
The luminaire manufacturer members of NEMA, which serves as the chair 
of the

[[Page 10743]]
Collaborative, represent between 60 and 80 percent of the production in 
the various fluorescent luminaire product categories, and the lamp and 
ballast manufacturer NEMA members represent over 90 percent of the 
production of those luminaire components. NEMA also serves as the 
administrator of the voluntary luminaire program, with funding provided 
through its regular membership dues.
    The NLC solicits wide participation. Using a mailing list of over 
75 individuals and organizations in addition to active participants, 
the Collaborative has successfully instituted a consensus-building 
review process through meetings and mailings to develop a broad-based 
voluntary luminaire program. Several difficult issues have been 
resolved through this process. For example, a Market Data Task Force 
was formed which resolved differences among NLC members on the extent 
of market data reporting that would be practical. The Luminaire 
Efficacy Rating (LER), the new testing and rating method for comparing 
the energy efficiency of luminaires, was created by NEMA and approved 
as NEMA Standard LE5. The Collaborative has developed technical and 
policy aspects regarding dissemination, publicity, and tracking of the 
new testing and rating program.
    To date, most of the Collaborative's work has focused on the 
development, review, and enhancement of the voluntary luminaire 
program. Given its membership, structure, participation, and consensus-
building review process, the Department believes the National Lighting 
Collaborative represents a cross-section of stakeholders, and meets the 
Energy Policy Act's call for an appropriate organization of interested 
parties to develop the voluntary luminaire program.

b. Coverage

    Based on the recommendations of participating manufacturers, the 
Collaborative selected the following categories of fluorescent 
luminaires for inclusion in the voluntary program on the basis of their 
widespread use and significant potential for energy savings: (1) 
Recessed Lensed 2' x 4' (4 lamps); (2) Recessed Lensed 2' x 4' (3 
lamps); (3) Recessed Lensed 2' x 4' (2 lamps); (4) Recessed Parabolic 
Louvered 2' x 4' (4 lamps); (5) Recessed Parabolic Louvered 2' x 4' (3 
lamps); (6) Recessed Parabolic Louvered 2' x 4' (2 lamps); (7) 
Wraparound (2 and 4 lamps); (8) Strip (1 lamp); (9) Strip (2 lamps); 
and (10) Industrial (2 lamps). The NLC's program description and status 
report estimates that these luminaire categories in aggregate represent 
(1) at least 80 percent of the total commercial and industrial 
fluorescent luminaire sales volume (in dollars), and (2) within each of 
five fluorescent groups,1 the named products represent over 90 
percent of the fixtures in that group. Because of their predominance in 
market share as the most frequently used luminaires in the commercial 
and industrial sector, it is estimated by the NLC that the types of 
luminaires in these 10 categories operate for the most hours, thereby 
offering the greatest potential for cumulative energy savings. In 
addition, the program is being expanded to include technologies other 
than fluorescent: HID industrial luminaires and downlights will be 
added upon completion and approval of NEMA standards for testing and 
rating these types of luminaires.

    \1\ The groups are: recessed 2' x 4' lensed, recessed 2' x 4' 
louvered, plastic wraparound, strip lights, and industrial.
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    If, as claimed, these categories of luminaires do comprise 80 
percent of the total fluorescent luminaire market and show significant 
potential for energy savings because of their predominance in 
commercial and industrial use, the Department believes that their 
selection appears to provide a reasonable base for the initial phase of 
the program. The Department, however, cannot fully evaluate whether the 
selected luminaires are 80 percent of the luminaire market because it 
has not yet received the statistical information requested for 
verification. NEMA, however, has developed and circulated a statistical 
reporting form to lighting fixture manufacturers to verify this 
information. When DOE receives the results of this survey, it is 
anticipated that the verification data will confirm that the luminaires 
selected for initial inclusion in the voluntary program are those types 
that are widely used and for which there is a potential for significant 
energy savings as a result of such program.

c. Testing and Rating

    Central to the NLC's program is that participating manufacturers 
will test and rate, for energy efficiency, each type of covered 
luminaire. The voluntary program uses the ``Luminaire Efficacy Rating'' 
(LER) as the measure of energy efficiency for a luminaire. Under the 
program, the LER of a given luminaire is determined by applying the 
calculation and testing procedures set forth in NEMA Standards 
Publication No. LE5, Procedure for Determining Luminaire Efficacy 
Ratings for Fluorescent Luminaires (NEMA Standard LE5). This approach 
provides a uniform method for determining the energy efficiency of 
luminaires that use various components (lamps, ballasts, fixtures), and 
for comparing different luminaires of the same general type. In 
addition, the program provides a method for comparing the energy costs 
of different luminaires.
    The LER is a single figure that expresses luminaire efficacy in 
lumens per watt (the ratio of light output from the luminaire in 
lumens, to the power input to the luminaire in watts) for a given 
luminaire using a specific set of lamps (e.g., fluorescent tubes) and a 
specific ballast. The LER is calculated by the following formula:

LER=(EFF x TLL x BF)/Watts Input

where:

EFF=luminaire efficiency,
TLL=total lamp lumens,
BF=ballast factor, and
Watts Input=total wattage input to the luminaire as measured during 
the photometric test.

    The TLL is the light output of the lamps being used in the test 
luminaire, as determined from a table in NEMA Standard LE5 that lists 
average rated lumens for typical fluorescent lamp types used in a 
luminaire. The EFF, BF and Watts Input are measurements by the 
luminaire manufacturer conducted during photometric tests. The EFF 
represents the effect of the luminaire being tested on the lamps' light 
output. It is the ratio of the light output of the test luminaire when 
operated with the lamps being used in the test, to the light output of 
the same lamps absent the luminaire. The BF represents the effect on 
lamp light output of the ballast being used in the test luminaire. The 
Watts Input is the amount of power drawn by the luminaire in the 
test.2

    \2\ For luminaires on which tests were completed prior to 1993, 
and which were tested with F40 T12 40 watt lamps, NEMA LE5 permits 
the use of specified values for ballast factor and Watts input.
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    Thus, the LER of a luminaire is the product of the interactive 
effect of the components that comprise the luminaire--lamp(s), 
ballast(s), and the fixture itself. The higher the LER, the less energy 
will be used to produce a given amount of light in equivalent operating 
conditions. This metric is flexible in that efficiency improvements in 
either the lamp, ballast, or fixture can raise the LER.
    The Collaborative reported that the selection of the Luminaire 
Efficacy Rating test procedure received consensus support within the 
luminaire industry, having been balloted according to the formal 
standards-making balloting procedures per the by-

[[Page 10744]]
laws of NEMA, a review and balloting process accredited by the American 
National Standards Institute (ANSI). The NLC program and NEMA Standard 
LE5 specify that luminaire efficiency (EFF) and wattage input shall be 
determined in accordance with IESNA LM-41, the Illuminating Engineering 
Society of North America's fluorescent luminaire photometric test 
procedure, a standard, industry-accepted test procedure. In addition, 
the ballast factor must be determined in accordance with ANSI C82.2, an 
ANSI-approved test procedure for ballasts. Other industry test 
procedures, ANSI C78.1 (Dimensional and Electrical Characteristics of 
Rapid Start Type Fluorescent Lamps) and C78.3 (Fluorescent Lamps--
Instant-start and Cold Cathode Types--Dimensional and Electrical 
Characteristics), also apply.
    To assure uniformity in testing, tests must be completed in a 
laboratory accredited by the National Voluntary Laboratory 
Accreditation Program (NVLAP) of the National Institute for Standards 
and Technology (NIST) to perform the following tests for luminaires: 
IESNA LM-41 and IESNA LM-46. (LM-46 concerns the testing of HID 
industrial luminaires, which the NLC program is expanding to include.) 
The accreditation must be in accordance with NIST Handbook 150-1, which 
describes the accreditation program for energy efficient lighting 
products. It should be noted, as provided in Section 285.33 of Handbook 
150-1, that in some instances a laboratory will be accredited to 
perform a test method but will not have the photometric equipment 
necessary to test certain of the luminaires covered by the test method. 
The laboratory will be precluded, therefore, from testing and rating 
those luminaires.
    One matter not yet addressed by either the NLC program or NEMA 
Standard LE5 is the manner in which the reliability of the LER values 
derived from performing the foregoing tests is to be adequately 
assured. For example, for each luminaire rated, tested units should be 
representative of those being produced, and the test should provide a 
sufficient degree of confidence that the LER value determined will 
apply to units of the tested product that are available for sale. Such 
provisions would appear necessary to assure that the test procedures 
provided by the NLC program would produce adequately reliable 
information for consumers about energy consumption and costs.
    The energy cost information called for in the program is calculated 
from a cost measurement formula set forth in NEMA Standard LE5, and 
adopted for use in the voluntary program. The calculation provides a 
single comparative measure called the yearly lighting energy cost (or 
yearly energy cost of light) for the luminaire's electricity costs (in 
dollars per 1,000 lumens), assuming comparable conditions of use (3,000 
annual lighting operating hours and $0.08/KWh electricity cost, the 
1993 average commercial sector electricity rate specified in NEMA 
Standard LE5). The yearly lighting energy cost provides a relative 
comparison of annual operating costs between luminaires. (Actual costs 
depend on electricity price, operating hours, and operating 
conditions). If the light output from two luminaires being compared is 
identical, the one with the higher LER will have the lower operating 
costs.
    Because the Luminaire Efficacy Rating system will provide a 
uniform, comparative measure with which consumers can assess the 
relative energy consumption and potential cost savings of alternative 
products, and has been developed, as required by EPACT, ``according to 
commonly accepted procedures for the development of national testing 
procedures,'' DOE finds that in significant respects the NLC program 
satisfies the objectives of EPACT as to the test procedures to be 
included in a voluntary program for luminaires. DOE expects that the 
NLC will satisfactorily address the matter of the reliability of test 
results so that the program fully satisfies the requirements of Section 
126 of EPACT.

d. Information Program

    Section 126(a)(2)(C) of EPACT states that the program ``shall 
include information [about luminaires], which may be disseminated 
through catalogs, product literature, labels, or other mechanisms, that 
will enable consumers to assess the energy consumption and potential 
cost savings of alternative products.'' The NLC program calls for 
dissemination of each luminaire's LER and energy cost by sales catalogs 
and product literature, rather than labels, and for publicity and 
education activities directed at customer/users to inform them of the 
rating system. These methods were chosen because fluorescent luminaires 
are primarily purchased by commercial and industrial buyers based on 
printed specifications in catalogs or product literature.
    Lighting specifiers such as designers, architects, electricians, or 
facility managers rarely see the packaging in which the luminaires are 
shipped, and may not even see the product itself until it is installed 
(if at all). By contrast, off-the-shelf purchasing is more typically 
done by residential customers, who currently constitute a small portion 
of the luminaire market. Therefore, labels on the luminaires or 
luminaire packaging might be ineffective, and the recommendation by the 
Collaborative that catalog literature and other product literature be 
the primary modes of information dissemination is sound. Since 
manufacturers typically reprint their catalogs on a three-year cycle, 
however, the Collaborative has agreed that the dissemination effort 
could be assisted by using other types of product and advertising 
literature which are produced more frequently, and by using an informed 
sales force to promote awareness of the new energy efficiency 
information among their customers. Several major manufacturers have 
already produced such materials and initiated sales presentations to 
explain and promote the new information system.
    In addition to delineating formulas and test procedures for 
calculating the LER, NEMA Standard LE5 identifies the information 
concerning each luminaire's energy efficiency that should be included 
in a manufacturer's promotional literature and catalogs. Furthermore, 
it contains a suggested format, developed in consultation with and 
adopted by the Collaborative, for presenting that information. The 
format includes the catalog number (showing number of lamps), luminaire 
category, ballast type, luminaire lumen output, luminaire watts input, 
LER, yearly lighting energy cost for comparative purposes, and 
luminaire efficiency. The LER two-letter luminaire category code 
includes an ``F'' for fluorescent, as well as a second letter code 
indicating one of five major luminaire types. This ensures that 
luminaires from categories intended for similar design conditions will 
be compared with each other, rather than across dissimilar categories. 
It has also been proposed by the International Association of Lighting 
Designers (IALD) that the NEMA Standard LE5 reporting format be 
modified to include a measure for the quality of light, as well as 
efficiency. The Collaborative agreed, but since this ``quality metric'' 
is under development by professional committees of the IALD and the 
Illuminating Engineering Society of North America, the NEMA Standard 
LE5 will at first include an acknowledgement in the foreword that a 
numerical value for lighting quality will accompany the LER after the 
development of the measure is completed and balloted.
    Based on the examples of major manufacturer product materials 
submitted thus far, the Department finds

[[Page 10745]]
the presentation of the new LER rating to be clear and well-presented 
overall. Explanations of how to use the new energy information were 
included in the product materials examples, and the LER rating number 
and yearly lighting energy cost were included effectively in 
photometric data sheets. One company, however, did not include in its 
descriptive product literature the letter indicating the luminaire 
category, which NEMA Standard LE5 states should be included in 
promotional materials and catalogs whenever the LER is provided. DOE 
believes that identification of the luminaire category is essential to 
ensure that LER values are compared between similar products, and not 
across product types. DOE expects to consider whether deficiencies such 
as the foregoing persist when making its final determination.
    The NLC program report recognizes that the actual efficacy for a 
luminaire once in operation may differ from the original rating as a 
result of a substitution of one or more component parts (for example, 
replacement lamps or ballasts different from those for which the 
luminaire was rated). The NLC report states that manufacturers will 
inform their customers, through printed matter and other means, that a 
luminaire's LER will be altered if any of the luminaire's component 
parts are changed or substituted.
    In sum, the NLC program contemplates that manufacturers will 
present the LER information as befits their own promotional styles, and 
that the Collaborative will reinforce the importance for manufacturers 
to include in their materials the information identified in NEMA 
Standard LE5.
    Finally, with regard to the broader publicity and education 
activities directed at customer/users, the Department believes the 
Collaborative has made good progress in launching an energy information 
program for luminaires. The NLC's plan for disseminating information on 
the use of the LER system is wide-ranging, including magazine and 
newsletter articles, presentations at conferences, networking with 
other organizations, and international publicity. Major education and 
sales centers for the lighting industry are planning to include 
presentations on the LER. A NEMA Executive Roundtable meeting with the 
senior executives of fixture companies was held on August 30, 1995, to 
discuss the actions that are needed in support of the voluntary 
program. Presentations have also been made at Lightfair, the largest 
lighting trade show in the United States, and at the Illuminating 
Engineering Society of North America Annual Conference and Board 
meeting. The NLC states that an overview brochure on the luminaire 
energy information program will be prepared for widespread distribution 
by the National Lighting Bureau/NEMA, and articles are planned for 
trade association, research, and energy journals. The International 
Association of Lighting Designers, a member of the Collaborative, has 
agreed to track such articles and press coverage. The program states 
that IALD will develop a survey on awareness of the program to be used 
by manufacturers' representatives, distributors, and specifiers.
    The Collaborative reported that the LER program is also receiving 
international attention. It is being reviewed for adoption and 
expansion by the Canadian Standards Association, and contacts have been 
made with Japanese, Australian, and New Zealand lighting organizations.

e. Manufacturer Participation

    The success of the voluntary luminaire program will ultimately 
depend on the degree of manufacturer participation. Participating 
manufacturers agree to test their luminaires according to the 
procedures set forth in NEMA Standard LE5, to convey the resulting 
energy efficiency information in a style of their own choosing that 
complies with the specifications in NEMA Standard LE5, and to promote 
customer understanding of the new information program. As a first step 
in assessing the level of participation, the Collaborative has proposed 
that 25 percent of the industry-wide shipments (measured in dollars) of 
the products covered by the voluntary program will have energy 
efficiency information published in the supporting sales literature by 
one year from the date of publication of the Department's June 15, 
1995, Federal Register notice outlining the evaluation criteria for the 
program. As an interim measure for data collection, the Collaborative 
has designed a statistical survey form which has been circulated to 
manufacturers for tracking this information. The program provides that 
the items in this survey will become part of the Bureau of Census' MA-
36L report beginning in 1996, although, in fact, the items were 
included starting in the 1995 MA-36L report.
    To date, the Collaborative has submitted to DOE examples of new 
catalog and other product literature in which four major manufacturers 
have included LER information, along with descriptions of the plans of 
two other major companies, and a summary of the industry's outreach to 
publicize the LER rating system. The Department finds that these 
efforts constitute a good beginning for participation in the luminaire 
program, and awaits the results of the first survey in order to assess 
formally the extent of manufacturer participation. It is expected that 
aggregate totals of the four manufacturers participating thus far will 
exceed the initial target of 25 percent participation.
    In future years, expansion of the program is anticipated. A member 
of the Collaborative suggested goals for future participation levels, 
these goals were refined by the Collaborative, and DOE, in its June 
1995 Federal Register notice, stated that it expects the voluntary 
program to achieve these levels of participation. They are as follows: 
that 50 percent of industry-wide shipments of the products would be 
covered by the voluntary program in 2 years from June 15, 1995, and 
approximately 75 percent in 3 years. The Collaborative believes that 
competition among manufacturers will encourage the rapid incorporation 
of LER energy efficiency information by other companies. DOE continues 
to expect the program to achieve the foregoing levels of participation 
when fully implemented.

f. Market Data

    In order to provide a reporting format to track luminaire efficacy, 
the NLC proposed two additions to the Bureau of Census MA-36L report 
used for tracking luminaire sales data, and the Bureau approved and 
incorporated these changes beginning in 1995. The first addition 
reports the percentages of fluorescent luminaires sold with magnetic or 
electronic ballasts. Ballast type is a first-order indicator of 
luminaire efficacy (LER). The other addition reports quantities and 
values broken out by number of lamps. Since 4-lamp luminaires tend to 
have lower luminaire fixture efficiencies than 2- or 3-lamp luminaires, 
number of lamps per luminaire is a second-order indicator of LER. These 
new data can assist the Department in forming a baseline from which the 
efficacy of luminaires on the market can be estimated over time. Since 
the second addition to the Bureau of Census report uses the categories 
of luminaires covered by the voluntary luminaire program and specified 
in NEMA Standard LE5, the resulting data can also be used to track the 
percentage of the total fluorescent luminaire market that consists of 
products covered by the testing and rating program. This would verify 
that the LE5 categories cover at least 80 percent of the fluorescent 
luminaire market.

[[Page 10746]]

    The Bureau of Census data for 1995 will be released in July 1996. 
The Department expects that the NLC will continue discussions of 
expanding the data related to luminaire efficacy that is reported 
through a format such as the Bureau of Census. Such reporting could 
possibly include an average LER by luminaire type.

g. Continuation of the Program

    The Department finds that the Collaborative has established a 
workable administrative framework for continuing the voluntary program 
and incorporating new products. NEMA will continue as the administrator 
of the Collaborative and the voluntary program. The Collaborative will 
continue to meet periodically to assess and update the program, to 
insure consensus on the direction of the program, and to address any 
concerns expressed by the Department.
    The process for evaluating which new products should be added to 
the list of covered products in the voluntary program, and which should 
be deleted, will be incorporated with the regular reassessment by NEMA 
of its standards. All NEMA standards are routinely reviewed within five 
years after their publication date for possible revision, renewal, or 
recision. Since NEMA Standard LE5 was first published in 1993, the 
fluorescent luminaire testing and rating method will be reviewed by 
1998 and updated as appropriate, with consensus review by the 
Collaborative. The review of the entire standard will include the 
reevaluation of such statistical data as the 1993 average commercial 
sector electricity rate specified in the original version of NEMA 
Standard LE5.
    NEMA is already developing an HID industrial standard and a 
downlight luminaire standard related to the LER. The NLC will be part 
of the review process once these are in draft public review form. The 
NLC report also states that 2' x 2' and 1' x 4' fluorescent luminaires, 
types that are rapidly gaining in market share, will be considered for 
addition to the voluntary program.
    Collaborative members believe that the program will also achieve 
self-sustaining continuity through the marketplace, as the LER energy 
efficiency rating adds competitive value to rated products, and 
manufacturers which have not included this information find themselves 
at a competitive disadvantage.

IV. Determination

    Based on the Department's evaluation of the NLC's program 
structure, current implementation, and future plans, the Department 
believes that the critical elements of a voluntary national testing and 
information program to provide energy efficiency information for 
luminaires are already operational or under development, and that the 
program is likely to mature and expand so as to meet all of the 
requirements for such a program in Section 126(a) of EPACT. Key 
elements of the program now in place include the LER rating method to 
measure the energy efficiency of luminaires, test procedures to be 
performed in accredited laboratories, a core organizational group in 
the National Lighting Collaborative with administrative services 
provided by NEMA, a list of luminaires covered in the initial phase of 
the program, the identification of the energy efficiency information to 
be disseminated by manufacturers, and the methods for such 
dissemination. Other measures, such as planned publicity initiatives 
for the program and a market data reporting system, have made good 
progress and are expected to be completed within approximately two 
years.
    However, because the program is still in the initial stages of 
implementation, the Department has an insufficient basis for making a 
final determination. Based on the current design of the program and the 
Collaborative's plans, it is anticipated that the program will cover, 
within three years, product categories representing 80 percent of the 
fluorescent luminaire market, and approximately 75 percent of the unit 
sales within these categories; assure that each LER rating derived from 
testing will be generally valid for the tested products; make the 
luminaire marketplace aware of the voluntary program; and expand the 
program to include downlights and HID industrial luminaires. In order 
for the Department to evaluate progress in these areas, close 
collaboration between the Collaborative and the Department should be 
maintained to facilitate exchange of information and program updates. 
If the Collaborative provides data and documentation to DOE by July 15, 
1998, on the achievements of the NLC program, including information as 
to whether the above objectives have been met, then DOE can make its 
final determination.
    For these reasons, it is hereby determined provisionally that the 
National Lighting Collaborative's program is consistent with the 
objectives of Section 126(a) of EPACT. If the objectives set forth in 
the preceding paragraphs have been completed, DOE will make a final 
determination that the program meets the statutory objectives. DOE 
expects to make a final determination no later than December 15, 1998.

V. Relationship to Mandatory Energy Conservation Programs

    Certain aspects of the NLC's voluntary program for luminaires 
involve matters covered by mandatory energy conservation test 
procedures, labeling, and standards imposed under the Energy Policy and 
Conservation Act (EPCA), as amended. For example, both the luminaire 
efficiency rating in the NLC program and the mandatory requirements for 
lamps involve consideration of the light output of lamps.
    The NLC program, however, is designed to provide a consistent 
approach to the testing and dissemination of energy efficiency 
information only for luminaires. It is not intended to affect mandatory 
requirements for other products. Therefore, to the extent DOE approves 
the NLC program as meeting the objectives of Section 126 of EPACT, such 
approval does not indicate any view by DOE as to the appropriate 
content of any mandatory program. Moreover, neither the provisions of 
the voluntary program, nor actions under that program, in any way 
govern any mandatory requirements imposed under EPCA.
    Nevertheless, DOE hopes that any future modifications in the NLC 
voluntary program can be sufficiently well coordinated with mandatory 
testing and labeling requirements to minimize any conflicts that might 
place added burdens on the manufacturers, retailers, or buyers of the 
affected lighting products.

    Issued in Washington, DC on March 6, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 96-6294 Filed 3-14-96; 8:45 am]
BILLING CODE 6450-01-P