[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Rules and Regulations]
[Pages 71340-71375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20481]



[[Page 71339]]

-----------------------------------------------------------------------

Part III





Department of Energy





-----------------------------------------------------------------------



Office of Energy Efficiency and Renewable Energy



-----------------------------------------------------------------------



10 CFR Parts 430 and 431



Energy Conservation Program: Test Procedures and Technical Amendment to 
Energy Conservation Standards for Certain Consumer Products and Certain 
Commercial and Industrial Equipment; Final Rule

  Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / 
Rules and Regulations  

[[Page 71340]]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Parts 430 and 431

[Docket No. EE-RM/TP-05-500]
RIN 1904-AB53


Energy Conservation Program: Test Procedures for Certain Consumer 
Products and Certain Commercial and Industrial Equipment; Technical 
Amendment to Energy Conservation Standards for Certain Consumer 
Products and Certain Commercial and Industrial Equipment

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy Act of 2005 (EPACT 2005) includes amendments 
to the Energy Policy and Conservation Act (EPCA) to provide for new 
Federal energy efficiency and water conservation test procedures, and 
related definitions, for certain consumer products and certain 
commercial and industrial equipment. The amendments direct the 
Department of Energy (DOE) to establish new test procedures for many of 
these products and certain equipment, in most cases EPACT 2005 requires 
the new test procedures to be ``based on'' certain identified testing 
practices generally accepted by industry and other government agencies. 
Today, DOE adopts test procedures for eleven types of products for 
which EPACT 2005 identified specific test procedures on which the 
federally-mandated test procedures are to be based. In addition, DOE 
adopts test procedures for three other products for which EPACT 2005 
did not specify specific test procedures, and for which test procedures 
have not previously been established. Furthermore, DOE is adopting a 
new version of the current test procedure for small commercial package 
air-conditioning and heating equipment, which will not change the 
existing requirements.
    DOE is also adopting technical corrections to the October 18, 2005, 
final rule, 70 FR 60407, which DOE described in detail in the July 25, 
2006, notice of proposed rulemaking in this proceeding (July 2006 
proposed rule), 71 FR 42178, 42195-96. However, DOE is not finalizing 
the procedures for sampling during compliance testing, and compliance 
certification and enforcement that were included in the July 2006 
proposed rule. Such procedures will be addressed in a subsequent final 
rule.

DATES: Effective Date: This final rule is effective January 8, 2007. 
The incorporation by reference of certain publications in the final 
rule is approved by the Director of the Federal Register as of January 
8, 2007.

FOR FURTHER INFORMATION CONTACT: James Raba, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, (202) 586-8654. E-mail: [email protected]. Francine Pinto, U.S. 
Department of Energy, Office of the General Counsel, GC-72, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507. E-mail: 
Francine.Pinto@ hq.doe.gov.

SUPPLEMENTARY INFORMATION: The following standards are incorporated by 
reference: Environmental Protection Agency (EPA), ``ENERGY STAR Testing 
Facility Guidance Manual: Building a Testing Facility and Performing 
the Solid State Test Method for ENERGY STAR Qualified Ceiling Fans,'' 
Version 1.1, December 9, 2002; U.S. Department of Energy (DOE) ``ENERGY 
STAR Program Requirements for [Compact Fluorescent Lamps] CFLs,'' 
Version 3.0; Environmental Protection Agency (EPA), ``ENERGY STAR 
Program Requirements for Residential Light Fixtures,'' Version 4.0; 
U.S. Department of Energy (DOE) ``ENERGY STAR Program Requirements for 
[Compact Fluorescent Lamps] CFLs,'' August 9, 2001; Environmental 
Protection Agency (EPA), ``ENERGY STAR Program Requirements for 
Dehumidifiers,'' effective January 1, 2001; Air-Conditioning and 
Refrigeration Institute (ARI) Standard 810-2003, ``Performance Rating 
of Automatic Commercial Ice-Makers;'' American National Standards 
Institute (ANSI)/American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Standard 29-1988 (RA 2005), ``Methods 
of Testing Automatic Ice Makers;'' American Society for Testing and 
Materials (ASTM) Standard F2324-03, ``Standard Test Method for Prerinse 
Spray Valves;'' Environmental Protection Agency (EPA), ``ENERGY STAR 
Program Requirements for Exit Signs,'' Version 2.0; Environmental 
Protection Agency (EPA), ``ENERGY STAR Program Requirements for Traffic 
Signals,'' Version 1.1; Institute for Transportation Engineers (ITE), 
``Vehicle Traffic Control Signal Heads: Light Emitting Diode (LED) 
Circular Signal Supplement,'' June 27, 2005; American National 
Standards Institute (ANSI)/American Society of Heating, Refrigerating 
and Air-Conditioning Engineers (ASHRAE) Standard 32.1-2004, ``Methods 
of Testing for Rating Vending Machines for Bottled, Canned and Other 
Sealed Beverages;'' American National Standards Institute (ANSI)/
Association of Home Appliance Manufacturers (AHAM) HRF-1-2004, 
``Energy, Performance and Capacity of Household Refrigerators, 
Refrigerator-Freezers and Freezers,'' (Revision of ANSI/AHAM HRF-1-
2002); Air-Conditioning and Refrigeration Institute (ARI) Standard 340/
360-2004, ``Performance Rating of Commercial and Industrial Unitary 
Air-Conditioning and Heat Pump Equipment;'' Air-Conditioning and 
Refrigeration Institute (ARI) Standard 1200-2006, ``Performance Rating 
of Commercial Refrigerated Display Merchandisers and Storage 
Cabinets;'' American National Standards Institute (ANSI)/Association of 
Home Appliance Manufacturers (AHAM) HRF-1-2004, (Revision of ANSI/AHAM 
HRF-1-2002), ``Energy, Performance and Capacity of Household 
Refrigerators, Refrigerator-Freezers and Freezers;'' Environmental 
Protection Agency (EPA), ENERGY STAR ``Test Methodology for Determining 
the Energy Performance of Battery Charging Systems,'' December 2005; 
and California Energy Commission (CEC) ``Test Method for Calculating 
the Energy Efficiency of Single-Voltage External Ac-Dc and Ac-Ac Power 
Supplies,'' August 11, 2004.

I. Background
II. Summary of Today's Action
III. Discussion of Comments and Final Rule--Energy Conservation Test 
Procedures for Certain Consumer Products and Certain Commercial and 
Industrial Equipment
    A. Ceiling Fans
    1. Highly Decorative Ceiling Fans
    2. Hugger Ceiling Fans
    3. Products Manufactured for Export
    4. Burden Imposed by Test Procedure
    B. Ceiling Fan Light Kits
    1. Ceiling Fan Light Kits with Medium Screw Base Sockets
    2. Ceiling Fan Light Kits with Pin-Based Sockets for Fluorescent 
Lamps
    3. Ceiling Fan Light Kits with Sockets Other than Medium Screw 
Base or Pin-Based
    C. Dehumidifiers
    D. Medium Base Compact Fluorescent Lamps
    E. Torchieres
    1. Definition of a Torchiere
    2. Design Standard
    3. Enforcement of Design Standard
    F. Unit Heaters
    1. Definitions
    2. Automatic Vent Dampers
    G. Automatic Commercial Ice Makers
    1. Test Procedure

[[Page 71341]]

    2. Additional Product Classes
    H. Commercial Prerinse Spray Valves
    1. Performance Test
    I. Illuminated Exit Signs
    J. Traffic Signal Modules and Pedestrian Modules
    1. Definitions of Nominal and Maximum Wattage
    2. ITE VTCSH Test Procedure Version
    3. Pedestrian Modules
    K. Refrigerated Bottled or Canned Beverage Vending Machines
    1. ANSI/AHAM HRF-1-2004 Refrigerated Volume Calculation
    2. Voltage
    L. Commercial Package Air-Conditioning and Heating Equipment
    M. Commercial Refrigerators, Freezers, Refrigerator-Freezers and 
Ice-Cream Freezers
    1. Use of ARI Standard 1200-2006 Test Procedure for Equipment 
for which EPCA Prescribes Standards
    2. Use of ARI Standard 1200-2006 Test Procedure for which EPACT 
2005 Directs DOE to Develop Test Procedures
    3. Ice-Cream Freezer Rating Temperature
    4. ANSI/AHAM Standard HRF-1
    N. Battery Chargers
    1. Scope of Coverage
    2. Modes of Test, including Active Mode
    3. Definitions
    4. Test Method
    O. External Power Supplies
    1. Scope of Test Procedure
    2. Power Factor
    3. Test Method
    P. General Comments and Final Rule
IV. Corrections to the Recent Technical Amendment to DOE's Energy 
Conservation Standards
V. Procedural Requirements
    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 the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
(FEA) Act of 1974
    M. Congressional Notification
VI. Approval of the Office of the Secretary

I. Background

    The Energy Policy Act of 2005 (EPACT 2005) (Pub. L. 109-58) was 
enacted on August 8, 2005. Subtitle C of Title I of EPACT 2005 includes 
provisions that amend part B of Title III of the Energy Policy and 
Conservation Act (EPCA) (42 U.S.C. 6291-6309), which provides for an 
energy conservation program for consumer products other than 
automobiles, as well as part C of Title III of EPCA (42 U.S.C. 6311-
6317), which provides for a program, similar to that in part B, for 
certain commercial and industrial equipment. EPACT 2005 prescribes new 
or amended energy conservation standards and test procedures and 
directs DOE to undertake rulemakings to promulgate such requirements.
    On October 18, 2005, DOE issued a final rule that placed into Title 
10 of the Code of Federal Regulations (CFR) the energy conservation 
standards and related definitions that EPACT 2005 prescribed (hereafter 
referred to as the October 2005 final rule). 70 FR 60407. DOE also 
announced that it was not exercising the discretionary authority 
provided in EPACT 2005 for the Secretary of Energy (the Secretary) to 
revise product or equipment definitions and energy conservation 
standards set forth in the statute, but that it might exercise this 
authority later. Id.
    In the July 2006 proposed rule, DOE proposed test procedures for 
measuring energy efficiency and water use efficiency and related 
definitions for various consumer products and commercial and industrial 
equipment covered by EPACT 2005's amendments to EPCA. Table 1 
identifies most \1\ of the products and equipment these amendments 
cover, and shows the ones for which DOE proposed to adopt test 
procedures, the sections of EPACT 2005 and EPCA that authorize and 
require these test procedures, and the sections in the CFR where DOE 
proposed to place them.
---------------------------------------------------------------------------

    \1\ EPACT 2005 specified test procedures, standards, and other 
amendments for a variety of consumer products and commercial 
equipment. Table 1 includes those products for which EPACT 2005 
specified particular test procedures or methods on which the test 
procedures to be promulgated by DOE were to be based as well as 
certain products for which EPACT 2005 directed DOE to develop test 
procedures.

                   Table 1.--Test Procedures and General Requirements--Authority and Placement
----------------------------------------------------------------------------------------------------------------
    Product or equipment type      EPACT 2005 section     EPCA section         USC section       10 CFR section
----------------------------------------------------------------------------------------------------------------
Ceiling fans.....................  135(b)(1).........  323(b)(16)(A)(i)..  42 U.S.C.           430.23(w).
                                                                            6293(b)(16)(A)(i).
Ceiling fan light kits...........  135(b)(1).........  323(b)(16)(A)(ii).  42 U.S.C.           430.23(x).
                                                                            6293(b)(16)(A)(ii
                                                                            ).
Dehumidifiers....................  135(b)(1).........  323(b)(13)........  42 U.S.C.           430.23(z).
                                                                            6293(b)(13).
Medium base compact fluorescent    135(b)(1).........  323(b)(12)........  42 U.S.C.           430.23(y).
 lamps.                                                                     6293(b)(12).
Battery chargers.................  135(c)(4).........  325(u)............  42 U.S.C. 6295(u).  430.23(aa).
External power supplies..........  135(c)(4).........  325(u)............  42 U.S.C. 6295(u).  430.23(bb).
Torchieres*......................  135(c)(4).........  325(x)............  42 U.S.C. 6295(x).  N/A.
Unit heaters**...................  135(c)(4).........  325(aa)...........  42 U.S.C 6295(aa).  Part 431, Subpart
                                                                                                N.
Automatic commercial ice makers..  136(f)(1).........  343(a)(7)(A)......  42 U.S.C.           Part 431, Subpart
                                                                            6314(a)(7)(A).      H.
Commercial prerinse spray valves.  135(b)(1).........  323(b)(14)).......  42 U.S.C.           Part 431, Subpart
                                                                            6293(b)(14).        O.
Illuminated exit signs...........  135(b)(1).........  323(b)(9).........  42 U.S.C.           Part 431, Subpart
                                                                            6293(b)(9).         L.
Traffic signal modules and         135(b)(1).........  323(b)(11)........  42 U.S.C.           Part 431, Subpart
 pedestrian modules.                                                        6293(b)(11).        M.
Refrigerated bottled or canned     135(b)(1).........  323(b)(15)........  42 U.S.C.           Part 431, Subpart
 beverage vending machines.                                                 6293(b)(15).        Q.
Very large commercial package air- 136(f)(1).........  343(a)(4).........  42 U.S.C.           Part 431, Subpart
 conditioning and heating                                                   6314(a)(4).         F.
 equipment.
Commercial refrigerators,          136(f)(1).........   343(a)(6)........  42 U.S.C            Part 431, Subpart
 freezers, and refrigerator-                                                6314(a)(6).         C.
 freezers.

[[Page 71342]]

 
Ice-cream freezers; commercial     136(f)(1)(B)......  343(a)(6)(A)(i)...  42 U.S.C.           Part 431, Subpart
 refrigerators, freezers, and                                               6314(a)(6)(A)(i).   C.
 refrigerator-freezers with a
 self-contained condensing unit
 and without doors; and
 commercial refrigerators,
 freezers, and refrigerator-
 freezers with a remote
 condensing unit.
----------------------------------------------------------------------------------------------------------------
* For torchieres, EPACT 2005 establishes a design standard, which does not require a test procedure.
** DOE is adopting definitions and other general provisions for unit heaters.

II. Summary of Today's Action

    Today's final rule adopts test procedures for various consumer 
products and commercial and industrial equipment as required by 
sections 135 and 136 of EPACT 2005. Sections 135 and 136 of EPACT 2005 
amended EPCA to require DOE to promulgate certain test procedures or 
identified certain test methods on which the DOE test procedures are to 
be based. These sections direct DOE to establish test procedures based 
on specifications of the Federal ENERGY STAR program and industry 
consensus standards that the statute identifies.\2\ Each of these 
ENERGY STAR specifications and industry standards, however, contains 
not only energy test procedures, but also provisions that are 
irrelevant in determining the energy use, water use, or efficiency of 
the products to which they apply. DOE is adopting only those sections 
of the ENERGY STAR specifications and industry consensus standards that 
specify test procedures relevant to the measurement of energy 
efficiency or water consumption. DOE is incorporating these sections by 
reference into its rules in some cases with clarifying changes or 
additions that do not alter the substance of the test procedure. DOE is 
placing the test procedures and related definitions for consumer 
products in 10 CFR part 430 (``Energy Conservation Program for Consumer 
Products Other than Automobiles''), and the test procedures and 
definitions for commercial and industrial equipment in 10 CFR part 431 
(``Certain Industrial Equipment'').
---------------------------------------------------------------------------

    \2\ Section 135(b)(1) of EPACT 2005, for example, directs that 
the test procedure for refrigerated bottled or canned vending 
machines ``shall be based on American National Standards Institute/
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers Standard 32.1-2004, entitled `Method of Testing for Rating 
Vending Machines for Bottled, Canned or Other Sealed Beverages'.'' 
(42 U.S.C. 6293(b)(15))
---------------------------------------------------------------------------

    In addition, DOE recently incorporated the energy conservation 
standards prescribed by EPACT 2005 into 10 CFR Parts 430 and 431. 70 FR 
60407 (October 18, 2005). In the July 2006 proposed rule, DOE 
identified several provisions of these technical amendments that do not 
accurately reflect the provisions of EPACT 2005, and discussed the 
changes and clarifications needed to correct these inaccuracies. 71 FR 
42195-96. The technical amendments as discussed in the July 2006 
proposed rule are included in today's final rule. 71 FR 42196-97.
    Finally, today's final rule does not include certification, 
compliance, and enforcement procedures for the consumer products and 
commercial and industrial equipment covered by this final rule. As 
discussed in the July 2006 proposed rule, DOE previously proposed 
certification, compliance, and enforcement provisions for commercial 
heating, air-conditioning and water heating products in a notice of 
proposed rulemaking published on December 13, 1999 (hereafter referred 
to as the ``December 1999 proposed rule''). 64 FR 659598. That 
rulemaking is still pending, and DOE recently published a supplemental 
notice of proposed rulemaking that seeks comment on alternatives to 
certain aspects of those proposals (hereafter referred to as the April 
2006 supplemental notice). 71 FR 25103. The certification, compliance, 
and enforcement procedures in the July 2006 proposed rule for the EPACT 
2005 consumer products and commercial and industrial equipment were 
modeled after the December 1999 proposed rule and existing requirements 
for consumer products found in 10 CFR Part 430. In the July 2006 
proposed rule and in the April 2006 supplemental notice, DOE discussed 
how it would decide to publish two final rules or a single final rule 
with the certification, compliance, and enforcement provisions for 
consumer products and commercial and industrial equipment. 71 FR 42193. 
DOE has reviewed the comments on the July 2006 proposed rule and April 
2006 supplemental notice and has decided the issues are so interrelated 
that a single final rule is the more appropriate approach. However, due 
to the issues raised, DOE believes it would be best to issue the final 
rule for certification, compliance, and enforcement provisions for 
consumer products and commercial and industrial equipment in a separate 
Federal Register notice. Therefore, today's final rule takes no action 
on any certification, compliance, and enforcement provisions for 
consumer products and commercial and industrial equipment, including 
those provisions that were proposed in the July 2006 proposed rule.

III. Discussion of Comments and Final Rule--Energy Conservation Test 
Procedures for Certain Consumer Products and Certain Commercial and 
Industrial Equipment

A. Ceiling Fans

    Section 135(c)(4) of EPACT 2005 includes an amendment to section 
325 of EPCA (42 U.S.C. 6295) to add subsection (v)(1), which includes 
requirements to develop a test procedure for ceiling fans. Further, 
amended section 323(b) of EPCA directs DOE to base this test procedure 
on the ``ENERGY STAR Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for ENERGY 
STAR Qualified Ceiling Fans, Version 1.1'' published by the 
Environmental Protection Agency (EPA). (42 U.S.C. 6293(b)(16)(A)(i)).
    In the July 2006 proposed rule, DOE proposed to adopt this ENERGY 
STAR test procedure, along with additional requirements on power 
measurement and sensors and sensor software used for performing the 
airflow test. 71 FR 42180-42181, 42203, 42204-42205. As discussed in 
the July 2006 proposed rule, DOE proposed these additional requirements 
to ensure the validity of the methods used and because the Guidance 
Manual is too restrictive in their software requirements. 71 FR 42180. 
DOE did not receive any comments regarding this proposal. DOE is 
incorporating by reference into Appendix U to Subpart B of 10 CFR Part 
430, the applicable ENERGY STAR test

[[Page 71343]]

procedure requirements, with the minor modifications described above, 
and in the July 2006 proposed rule. DOE has determined the test methods 
in the ENERGY STAR document, as modified, comply with the requirements 
of section 325(v)(1) of EPCA (42 U.S.C. 6295(v)(1)) and section 
323(b)(3) of EPCA (42 U.S.C. 6293(b)(3)).\3\
---------------------------------------------------------------------------

    \3\ As outlined and further detailed in the July 2006 proposed 
rule, test procedures under EPCA for consumer products must be 
designed to ``measure energy efficiency, energy use, * * * or 
estimated annual operating cost.'' (42 U.S.C. 6293(b)(3))
---------------------------------------------------------------------------

    However, stakeholders did submit comments on the following four 
issues: (1) A request that DOE define and exempt from the standards 
highly decorative ceiling fans; (2) a question with regard to whether 
hugger-type ceiling fans are covered by the test procedure; (3) a 
question as to whether ceiling fans built for export are covered by the 
standard; and (4) a comment on the recordkeeping associated with 
testing ceiling fans.
    1. Highly Decorative Ceiling Fans. The American Lighting 
Association (ALA) and Emerson Electric (Emerson) requested that DOE 
define and establish highly decorative ceiling fans as an exempted 
product. (ALA, No. 14 at pp. 5-6, No. 18.8 at p. 67 and No. 97 at pp. 
3-4; Emerson, No. 18.8 at pp. 63-64) \4\ ALA suggested a definition of 
highly decorative ceiling fans based on a fan blade length to width 
ratio of less than 3:1. (ALA, No. 14 at pp. 5-6, and No. 97 at pp. 3-4) 
ALA also commented that traditional ceiling fans typically have their 
highest rotational speeds at more than 200 RPM, and for highly 
decorative fans, the highest speeds are typically less than 175 RPM. 
(ALA, No. 97 at pp. 3-4) In this comment, ALA recommended addition to 
the definition that highly decorative ceiling fans have ``a maximum of 
175 RPM at high speed down flow.'' (ALA, No. 97 at p. 4) American 
Council for an Energy-Efficient Economy (ACEEE) submitted a comment 
stating that it agrees a definition for ``highly decorative fans'' is 
needed. (ACEEE, No. 59 at p. 2) However, ACEEE expressed concern over 
the definition provided by ALA. They believe that ALA's proposed 
definition is too broad and would expand the highly decorative ceiling 
fan exemption to products that should be covered by the standard. 
(ACEEE, No. 59 at p. 2)
---------------------------------------------------------------------------

    \4\ A notation in the form ``ALA, No. 14 at pp. 5-6'' identifies 
a written comment the Department has received and has included in 
the docket of this rulemaking. This particular notation refers to a 
comment (1) by the American Lighting Association (ALA), (2) in 
document number 14 in the docket of this rulemaking (maintained in 
the Resource Room of the Building Technologies Program), and (3) 
appearing on pages 5 and 6 of document number 14. Likewise, ``Public 
Meeting Transcript, No. 18.8 at p. 67,'' for example, would refer to 
page 67 of the transcript of the ``Public Meeting on Test Procedures 
and Certification, Compliance, and Enforcement Requirements for 
Consumer Products and Certain Commercial and Industrial Equipment,'' 
held in Washington, DC, September 26, 2006, which is document number 
18.8 in the docket of this rulemaking.
---------------------------------------------------------------------------

    DOE recognizes that EPCA, as amended by section 135(c)(4) of EPACT 
2005, provides that if DOE sets energy conservation standards for 
ceiling fans, it must consider ``establishing separate or exempted 
product classes for highly decorative fans for which air movement 
performance is a secondary design feature.'' (42 U.S.C. 6295(v)(1)) 
However, today's final rule does not establish standards for ceiling 
fans beyond the design standards in EPACT 2005. (42 U.S.C. 6295(ff)) 
Thus, the requirement for DOE to consider whether highly decorative 
fans should be a separate regulated or exempted product class is not 
relevant at this time. In the future, should DOE amend the energy 
conservation standards for ceiling fans, it will address whether to 
establish a separate or exempted product class for highly decorative 
ceiling fans.
    DOE also notes that the provision in EPCA that establishes ceiling 
fan design standards (section 325(ff) and codified in 10 CFR 
430.32(s)(1) by the October 2005 final rule, 70 FR 60409, 60413) does 
not contain an exemption for highly decorative fans. Specifically, 
section 325(ff) of EPCA (42 U.S.C. 6295(ff)) requires all ceiling fans 
to have speed controls separate from lighting controls, adjustable 
speed controls, and the capability of reversible fan action for most 
fans. The only exemptions identified in this section apply to the 
reversible fan action requirement, and are for ``fans sold for 
industrial applications, outdoor applications, and cases in which 
safety standards would be violated by use of the reversible mode.'' 
Section 325(ff) does not provide for separate treatment or exemption of 
highly decorative ceiling fans under these design standards. Therefore, 
the design standards apply to highly decorative ceiling fans, unless an 
exemption specified in section 325(ff) applies. These standards go into 
effect for ceiling fans manufactured on or after January 1, 2007.
    2. Hugger Ceiling Fans. Hunter Fans (Hunter) expressed its view 
that hugger fans are exempt from DOE's test procedure, (Hunter, No. 
18.8 at p. 69), while Pacific Gas and Electric (PG&E) was concerned 
about such an exemption from DOE's test procedure. (PG&E, No. 18.8 at 
p. 74) Hugger ceiling fans are typically understood to be ceiling fans 
that are not suspended from the ceiling; instead, they are set flush to 
the ceiling. Under section 135(a) of EPACT 2005, EPCA defines ``ceiling 
fan'' as ``a nonportable device that is suspended from a ceiling for 
circulating air via the rotation of fan blades.'' (42 U.S.C. 6291(49)) 
Since the statutory definition defines ceiling fan as ``suspended from 
a ceiling'' and a hugger fan is not suspended, a hugger fan is not 
subject to EPCA requirements (including test procedures) applicable to 
ceiling fans.
    3. Products Manufactured for Export. Hunter asked whether ceiling 
fans manufactured for export are subject to EPCA requirements. (Hunter, 
No. 18.8 at p. 71)
    EPCA does not apply to products manufactured, sold, or held for 
sale for export from the United States and that when distributed, 
either bear or are in a container that bears, a ``stamp or label 
stating that such covered product is intended for export.'' (42 U.S.C. 
6300) If such a product is in fact distributed in commerce for use in 
the United States, the product is subject to EPCA. Id.
    4. Burden Imposed by Test Procedure. ALA and Emerson commented on 
the burden associated with testing and recordkeeping for ceiling fans. 
(ALA, No. 14 at pp. 6-7 and No. 97 at pp. 4-5; Emerson, No. 18.8 at p. 
65) ALA estimates that the costs associated with complying with EPCA 
for one ALA member is $152,114. (ALA, No. 14 at p. 7) ALA also prepared 
an estimate of the costs for a ``typical ALA member,'' which totals 
$142,755. (ALA, No. 97 at p. 5) ALA commented that it is concerned 
about the burden being imposed on small businesses, and requests that 
DOE review the impacts. (ALA, No. 14 at p. 7)
    DOE notes that the EPACT 2005 design standards, as codified in the 
October 2005 final rule (70 FR 60413), do not require use of a test 
procedure for the purpose of demonstrating compliance. These 
requirements, which include separate controls for fan and lights, 
adjustable speed controls and the capability of reversible action, are 
design requirements and do not require a test procedure.
    With regard to the test procedure established today, DOE has yet to 
establish an accompanying standard. Furthermore, EPCA required DOE to 
establish a test procedure and to base that test procedure on an 
existing ENERGY STAR test method (version 1.1). (42 U.S.C. 
6293(b)(16)(A)(i)) DOE's actions to propose and adopt this test method 
are directly in response to the statutory requirements. Any additional 
burdens that may be imposed through the use of this test procedure are 
in

[[Page 71344]]

connection with the statutory requirement. Therefore, DOE does not 
believe that today's final rule, nor the October 2005 final rule 
codifying the EPACT 2005 design standards, imposes any testing burden 
on manufacturers, beyond that resulting from EPCA as established by 
Congress.
    DOE notes that on June 21, 2006, the Federal Trade Commission (FTC) 
published a notice of proposed rulemaking concerning a labeling 
requirement for ceiling fans. 71 FR 35584. As proposed, the 
representation of air flow performance of ceiling fans would require 
the use of DOE's test procedure finalized today.

B. Ceiling Fan Light Kits

    Section 135(c)(4) of EPACT 2005 amended section 325 of EPCA (42 
U.S.C. 6295) to add subsection (v)(1), which directs the Secretary to 
prescribe, by rule, test procedures for ceiling fan light kits. 
Additionally, section 135(b)(1) of EPACT 2005 amended section 323(b) of 
EPCA (42 U.S.C. 6293(b)) to add subparagraph (16)(A)(ii), which states 
that test procedures for ceiling fan light kits ``shall be based on'' 
the test methods ``referenced in the ENERGY STAR specifications for 
Residential Light Fixtures and Compact Fluorescent Light Bulbs,'' as in 
effect on August 8, 2005. In the July 2006 proposed rule, DOE proposed 
test procedures for three types of ceiling fan light kits: (1) Ceiling 
fan light kits with medium screw base sockets; (2) ceiling fan light 
kits with pin-based sockets for fluorescent lamps; and (3) ceiling fan 
light kits other than those with medium screw base sockets or with pin-
based sockets for fluorescent lamps, including candelabra screw base 
sockets. 71 FR 42180-82, 42205. The classification of ceiling fan light 
kits in the July 2006 proposed rule is consistent with the 
classification established in subsection 325(ff) of EPCA. (42 U.S.C. 
6295(ff)) Stakeholders provided comment on various aspects of the 
ceiling fan light kit proposals, which is discussed in the following 
three sections.
    1. Ceiling Fan Light Kits with Medium Screw Base Sockets. Section 
135(c)(4) of EPACT 2005 amends section 325 of EPCA (42 U.S.C. 6295) to 
prescribe standards for certain ceiling fan light kits manufactured on 
or after January 1, 2007. Specifically, new subsection 325(ff)(2) of 
EPCA (42 U.S.C. 6295(ff)(2)) provides that ceiling fan light kits with 
medium screw base sockets must be packaged with screw base lamps to 
fill all of the sockets, and these lamps must either meet the ``ENERGY 
STAR Program Requirements for Compact Fluorescent Lamps, version 3.0,'' 
or use light sources other than CFLs that have at least equivalent 
efficacy. These standards for ceiling fan light kits with medium screw 
base sockets were adopted by DOE in the October 18, 2005, rulemaking. 
70 FR 60413. In accordance with EPACT 2005, DOE proposed to adopt the 
test methods in version 3.0 of the ENERGY STAR Program Requirements for 
CFLs in the July 2006 proposed rule. 71 FR 42181. While DOE proposed to 
adopt the test methods in version 3.0 for ceiling fan light kits with 
screw base sockets, DOE also sought stakeholder comment on the 
uniformity of the test procedures for these light kits with medium base 
compact fluorescent lamps, for which DOE proposed the August 9, 2001 
version of the ENERGY STAR test requirements. 71 FR 42202.
    Concerning the test method for ceiling fan light kits with medium 
screw base sockets, the National Electrical Manufacturers Association 
(NEMA) commented both before and during the public meeting that NEMA 
recommended DOE adopt its proposed test procedure, the ``ENERGY STAR 
Program Requirements for [Compact Fluorescent Lamps] CFLs,'' version 
3.0. NEMA commented that the ENERGY STAR test procedure version 3.0 is 
not identical to the August 9, 2001, version, and could yield different 
results for the same CFL model. (NEMA, No. 9 at p. 1-5; Public Meeting 
Transcript, No. 18.8 at p. 91) As DOE noted in its July 2006 proposed 
rule, the August 9, 2001, version of the ENERGY STAR test procedure 
requires a sample size of five lamps, all tested in the base-up \5\ 
position, while version 3.0 requires a sample of ten lamps, five of 
which are tested base-up and five of which are tested base-down. 71 FR 
42182. In its final comment to DOE following the public meeting, NEMA 
changed its recommendation, commenting that it now believes DOE should 
adopt the August 9, 2001 version of ENERGY STAR, as the preponderance 
of CFL installations in ceiling fan light kits would be base-up to 45 
degrees from base-up and virtually no base-down applications. (NEMA, 
No. 71 at p. 2)
---------------------------------------------------------------------------

    \5\ The terms ``base-up'' and ``base-down'' used here refer to 
the physical orientation of the integral CFL during its performance 
test. ``Base-up'' means that the CFL is tested essentially upside 
down, with the screw base and the ballast at the top and the 
fluorescent tube pointed down. ``Base-down'' is the inverse of that 
orientation, in which the CFL's screw base and ballast are at the 
bottom, and the fluorescent tube is at the top.
---------------------------------------------------------------------------

    Based, in part, on NEMA's earlier comment, DOE has determined that 
the August 9, 2001, version of the ENERGY STAR requirements would yield 
different results than version 3.0, as the test setup for the lamps and 
sample sizes are different. Moreover, version 3.0 encompasses 
variability in CFL base orientations, whereas version 2.0 only tests 
performance in one orientation (base up). Thus, it would be difficult 
for DOE to conclude that its adoption of the August 9, 2001, version 
would meet the EPCA requirement that the test procedure for ceiling 
fans be ``based on'' version 3.0. In addition, DOE is not persuaded 
that the August 9, 2001, version is the better test method to adopt for 
lamps packed with ceiling fan light kits with medium screw base 
sockets. Ceiling fan light kits can have socket configurations that 
would result in CFLs installed in any range of base orientation 
configurations, including base-up, base-down, horizontal, and degrees-
off-horizontal. Ceiling fan light kits produced today may have a 
preponderance of base-up to 45 degrees from base-up configurations, but 
this could change over time, with more horizontal orientations due 
perhaps to CFL lamp size, which for some CFLs can be longer than 
incandescent medium screw base lamps. Finally, the referenced industry 
standards in version 3.0 of the ENERGY STAR specifications are more 
current than the standards referenced in the August 9, 2001 version. In 
particular, the industry methods referenced for determining the 
electrical performance of CFLs are all more current in version 3.0. 
While the most current version may not always be the most appropriate 
test standard, in this instance, Congress explicitly cited the latest 
version. For all these reasons, DOE is adopting version 3.0 of the 
ENERGY STAR requirements, as it had proposed in the July 2005 notice, 
rather than the August 9, 2001 version.
    2. Ceiling Fan Light Kits with Pin-Based Sockets for Fluorescent 
Lamps. Subsection 325(ff)(3) of EPCA (42 U.S.C. 6295(ff)(3)) requires 
that ceiling fan light kits that have pin-based sockets for fluorescent 
lamps manufactured on, or after, January 1, 2007, must be packaged with 
lamps to fill all of the sockets, and that these lamps must meet the 
``ENERGY STAR Program Requirements for Residential Light Fixtures, 
version 4.0.'' These standards for ceiling fan light kits with pin-
based sockets for fluorescent lamps were adopted by DOE in the October 
18, 2005 rulemaking. 70 FR 60413.
    Concerning the test procedure for ceiling fan light kits with pin-
based sockets for fluorescent lamps, DOE proposed to incorporate by 
reference the test methods in the ``ENERGY STAR Program Requirements 
for Residential Light Fixtures,'' version 4.0 to measure

[[Page 71345]]

the efficacy of pin-based fluorescent lamps that are packaged with 
ceiling fan light kits. 71 FR 42181. DOE did not receive any comments 
on this proposal, and therefore is incorporating the test methods from 
the ``ENERGY STAR Program Requirements for Residential Light 
Fixtures,'' version 4.0 in today's final rule.
    Philips submitted a comment requiring clarification on the 
requirement for ceiling fan light kits with pin-based sockets for 
fluorescent lamps. Philips asked whether an integrally-ballasted CFL 
with a GU24 pin-base would be subject to the same requirements as a 
ceiling fan light kit with pin-based socket for fluorescent lamps, if 
these lamps were packaged with a ceiling fan light kit having GU24 
sockets. (Philips, No. 18.8 at p. 93; Philips, No. 19 at p. 1) DOE 
understands that GU24 is a base type that has large pins that lock into 
a GU24 socket. The GU24 socket is a line-voltage socket and is capable 
of accommodating different types of lamps, including incandescent. 
Since the lamp identified by Philips has pins in its base, and is a 
fluorescent lamp, Philips sought clarification on whether this lamp 
would be treated as a pin-based fluorescent lamp, and thus be subject 
to the requirements of the ``ENERGY STAR Program Requirements for 
Residential Light Fixtures,'' version 4.0, under the EPCA standards for 
ceiling fan light kits with pin-based sockets for fluorescent lamps. 
(42 U.S.C. 6295(ff)(3))
    Section 325(ff)(2)-(4) of EPCA classifies ceiling fan light kits by 
socket type only, not by the lamp-type inserted into those sockets. (42 
U.S.C. 6295(ff)(2)-(4)) The socket types fall into three categories: 
Medium screw base, pin-based for fluorescent lamps, and all other 
sockets that are not medium screw base or pin-based for fluorescent 
lamps. Id. The socket type classified as pin-based for fluorescent 
lamps has been uniformly understood to refer to sockets which (1) 
receive (and operate) fluorescent lamps that lack an integral ballast 
and (2) transmit voltage, received through a ballast, to such lamps at 
levels considerably higher than the line voltage. The product Philips 
identified with GU24-based lamp is a fluorescent lamp that has pins in 
its base. Due to the fact that this lamp is integrally ballasted, the 
sockets for this lamp type operate at line voltage and such sockets are 
not uniquely associated with fluorescent lamps. DOE does not consider 
them to be ``pin-based sockets for fluorescent lamps.'' (42 U.S.C. 
6295(ff)(3)) Rather, DOE considers any ceiling fan light kit with GU24 
sockets as the third group of ceiling fan light kits, specifically, 
those with sockets that are not medium screw base or pin-based for 
fluorescent lamps. (42 U.S.C. 6295(ff)(4)) Manufacturers could use the 
GU24 base-type for lamp technologies other than fluorescent 
technologies. For example, DOE recently learned that a manufacturer is 
launching a new product that incorporates a ballast and light-emitting 
diodes (LED) into a reflector lamp that has a GU24 base. While this new 
LED lamp may indeed be highly efficient and qualify for the standards 
imposed by EPACT 2005 on pin-based for fluorescent lamps, it clearly is 
not a fluorescent lamp.
    In the July 2006 proposed rule, DOE proposed a definition of pin-
based as follows: ``Pin-based means a fluorescent lamp with a plug-in 
lamp base, including multi-tube, multibend, spiral, and circline 
types.'' 71 FR 42181, 42203. DOE intended that this definition reflect 
the well understood meaning of ``pin-based'' as a plug-in base, and not 
a screw base, for a CFL that was not integrally ballasted. In response 
to the question from Philips, DOE now recognizes that there could be 
some ambiguity in this definition, and has therefore inserted the 
clarifying phrase, ``that is not integrally ballasted,'' to the 
definition of ``pin-based.'' DOE has also made some clarifying 
editorial changes to this definition to make clear that it describes 
the base of a lamp, not the lamp itself, and that it also applies to 
the sockets that receive pin-based fluorescent lamps. Thus, in today's 
final rule, the definition, which will appear in 10 CFR 430.2, reads: 
``Pin-based means (1) the base of a fluorescent lamp, that is not 
integrally ballasted and that has a plug-in lamp base, including multi-
tube, multibend, spiral, and circline types, or (2) a socket that holds 
such a lamp.''
    3. Ceiling Fan Light Kits with Sockets Other than Medium Screw Base 
or Pin-Based. For this group of products, section 135(c)(4) of EPACT 
2005 amends section 325 of EPCA (42 U.S.C. 6295) by adding new 
subsection (ff)(4), which directs DOE to ``consider and issue 
requirements'' for any ceiling fan light kits other than those with 
medium screw base or pin-based sockets, ``including candelabra screw 
base sockets.'' For these light kits, EPACT 2005 has two default 
requirements: (1) They shall not be capable of operating with lamps 
that total more than 190 watts; and (2) they shall include lamps whose 
total wattage does not exceed 190 watts. (42 U.S.C. 6295(ff)(4)(c)) If 
the Secretary does not issue a final rule establishing requirements for 
these ceiling fan light kits by January 1, 2007, the default 
requirements described above will become law. Id. DOE will not be 
publishing requirements for these light kits by the statutory deadline. 
Therefore, the statutory requirements, that ceiling fan light kits not 
be capable of consuming more than 190 watts and that they include such 
lamps, will become effective for this category of ceiling fan light 
kits manufactured after January 1, 2009, as specified by EPCA. Id.
    DOE is not requiring a test procedure for the wattage limitation, 
but instead is requiring that the total wattage of the lamps packaged 
with a ceiling fan light kit not exceed 190 watts. A manufacturer would 
simply ensure that there are sufficient lamps packaged with the ceiling 
fan light kit to fill any and all sockets in the fixture and the total 
wattage of those lamps would not exceed 190 watts. In the July 2006 
proposed rule, DOE asked for stakeholder comment on whether the 
``capable of operating'' requirement should be considered an energy 
conservation standard (requiring a test procedure) or a design standard 
(not requiring a test procedure). 71 FR 42181-2. DOE also stated in the 
July 2006 proposed rule that if DOE considered the 190-watt limitation 
as a design requirement, manufacturers of these ceiling fan light kits 
would be required to incorporate some measure such as a fuse, circuit 
breaker or current-limiting device to ensure the light kit was not 
capable of operating with a lamp or lamps totaling more than 190 watts. 
71 FR 42181.
    DOE received comments from several stakeholders as to whether the 
statutory standard is a design requirement or an energy conservation 
standard. Hunter and the American Lighting Association (ALA) both 
commented that DOE should interpret the statutory requirement of ``not 
[being] capable of operating with lamps [totaling] more than 190 
watts'' as a design requirement. (Hunter, No. 3 at p. 1; Hunter, No. 
18.8 at pp. 82-83; ALA, No. 97 at p. 5) ALA commented that there are 
various ways you can control a device to consume not more than 190 
watts, including fuses and circuit breakers. These devices have UL and 
CSA standards already in place for them, which would make it relatively 
straightforward to meet the 190-watt power limit. (ALA, No. 18.8 at pp. 
83-84 and No. 97 at p. 5) ALA provided a detailed cost estimate of the 
impacts on a typical ALA member should DOE interpret this as an energy 
conservation standard. (ALA, No. 97 at pp. 6-7) ACEEE commented that it 
would consider the inclusion of a wattage-limiting device or fuse/
circuit breaker as

[[Page 71346]]

adequate, provided the device has been tested to show that more than 
190 watts cannot be used. (ACEEE, No. 59 at p. 2) Furthermore, ACEEE 
recommends that the requirements for the 190-watt provision be the same 
between this category of ceiling fan light kits and torchieres. (ACEEE, 
No. 59 at p. 2)
    DOE considered these comments, and is interpreting the 190-watt 
limit on power consumption for certain ceiling fan light kits as a 
design requirement (similar to the features required by section 
135(c)(4) of EPACT 2005 for ceiling fans). This approach, consistent 
with DOE's treatment of a similar provision for torchieres, will 
require that manufacturers incorporate some measure such as a fuse, 
circuit breaker or current-limiting device to ensure the light kit is 
not capable of operating with a lamp or lamps totaling more than 190 
watts. Thus, today's final rule does not establish a test procedure, 
but instead DOE anticipates requiring that manufacturers report to DOE 
on the feature or features that have been incorporated into the ceiling 
fan light kit (e.g., circuit breaker, fuse, or other current-limiting 
device) to ensure they would not draw more than 190 watts of power once 
certification and enforcement provisions are adopted for these 
products.
    ALA provided six examples of ceiling fans and ceiling fan light 
kits that it requested DOE's clarification on how the 190-watt 
limitation should be applied. (ALA, No. 97 at p. 6) These six examples 
focus on the application of the 190-watt limitation and do not include 
the mandatory performance requirements for ceiling fan light kits with 
medium screw base sockets or pin-based sockets for fluorescent lamps. 
These examples also do not address the mandatory packaging requirements 
associated with ceiling fan light kits, which are clearly laid out in 
EPACT 2005. These six examples of ceiling fans and ceiling fan light 
kits that ALA outlined in their comments and DOE's responses are as 
follows:

 For ceiling fans with integrated lighting that are incapable 
of ``attachable'' ceiling fan light kit installation, a 190-watt 
limiting device will be supplied with the fan to control the integrated 
lighting.

    DOE determined that supplying the 190-watt limiting device with the 
fan to ensure that the integrated lighting not exceed the 190-watt 
limitation for ceiling fans with integrated lighting that are incapable 
of ``attachable'' ceiling fan light kit installation complies with this 
wattage limitation. This wattage limitation would not apply to ceiling 
fans with integrated light kits having medium screw base sockets or 
pin-based sockets for fluorescent lamps.

 For ceiling fans with integrated lighting that are capable of 
``attachable'' ceiling fan light kit installation, a 190-watt limiting 
device will be supplied to control the integrated lighting.

    DOE determined that the 190-watt limitation applies to the 
integrated lighting and/or any other attachable ceiling fan light kit 
that could be installed on the ceiling fan for ceiling fans with 
integrated lighting that are capable of ``attachable'' ceiling fan 
light kit installation. Again, this wattage limitation would not apply 
to ceiling fans with integrated light kits having medium screw base 
sockets or pin-based sockets for fluorescent lamps.

 For ceiling fans with pin base fluorescent lamps, a 190-watt 
limiting device will not be supplied with the fan.

    DOE determined that ceiling fans that incorporate an integral light 
kit with pin-based sockets for fluorescent lamps would not have to 
include a 190-watt limiting device because the lamps are subject to 
requirements for ceiling fan light kits with pin-based sockets for 
fluorescent lamps.

 For ceiling fans without integrated lighting, a 190-watt 
limiting device will not be supplied with the fan.

    DOE determined that the 190-watt limiting device does not need to 
be supplied with a ceiling fan sold without integrated lighting because 
there is no light kit packaged with the ceiling fan. However, any 
ceiling fan light kits sold directly to consumers for installation on a 
ceiling fan without integrated lighting would be subject to the ceiling 
fan light kit standards established for medium screw base sockets, pin-
based sockets for fluorescent lamps or any other socket type.

 For ``attachable'' ceiling fan light kits with medium screw 
base sockets or pin-based sockets for fluorescent lamps, a 190-watt 
limiting device will not be supplied with the light kit. (ENERGY STAR 
approved medium screw base CFL's and pin-based fluorescent lamps are 
supplied with the light kit)

    DOE determined that a 190-watt limiting device would not be 
required for ``attachable'' ceiling fan light kits with medium screw 
base sockets or pin-based sockets for fluorescent lamps because these 
two types of light kits would be subject to the requirements for 
ceiling fan light kits with medium screw base sockets and pin-based 
sockets for fluorescent lamps.

 For ``attachable'' ceiling fan light kits with other than 
medium base or pin-based sockets for fluorescent lamps, a 190-watt 
limiting device will be supplied with the light kit.

    DOE also determined that ``attachable'' ceiling fan light kits with 
sockets other than medium screw base or pin-based for fluorescent lamps 
would be required to be supplied with a 190-watt limiting device. These 
``attachable'' ceiling fan light kits are required to meet the 
mandatory standards, as outlined in EPACT 2005.
    Litex Industries submitted a comment recommending that DOE 
eliminate the requirement to use a circuit breaker or similar limiting 
mechanisms for these ceiling fan light kits, and instead have a design 
requirement that manufacturers cannot have more than three candelabra 
sockets in a ceiling fan light kit. (Litex, No. 103 at pp. 1-2) Litex 
asserts that it would be impossible for consumers to install wattages 
in excess of 190 watts, as candelabra lamps are only rated up to 60 
watts each. (Litex, No. 103 at p. 2) In addition, Litex recommends that 
DOE eliminate the need to package candelabra base lamps with the 
ceiling fan light kit because consumers could obtain the lamps more 
cheaply from existing suppliers. (Litex, No. 103 at p. 2)
    DOE appreciates this comment from Litex, but is not able to 
accommodate either recommendation. Concerning the design requirement, 
this category of sockets other than medium screw base and pin base for 
fluorescent lamps includes ceiling fan light kits with all other socket 
types, not just candelabra. Thus, EPCA applies to several base types 
simultaneously, some of which do have lamps rated higher than 60 watts. 
On the issue of eliminating the requirement to package the ceiling fan 
light kits with lamps, section 325(ff)(4)(C) of EPCA (42 U.S.C. 
6295(ff)(4)(C) states that these ceiling fan light kits manufactured 
after January 1, 2009, ``(ii) shall include the lamps described in 
clause (i) in the ceiling fan lighting kits.'' Litex's recommendation 
is contrary to the requirements of EPCA, and therefore can not be 
adopted.
    Hunter fan asked for clarification as to whether ceiling fan ``up-
lighting/accent lighting'' would be included in the 190-watt limitation 
for these ceiling fan light kits. (Hunter, No. 3 at p. 1) DOE is 
unclear as to what Hunter means by ``up-lighting'' in the context of 
ceiling fan light kits. EPCA expressly subjects ceiling fan light kits 
with sockets other than medium screw base and pin-based

[[Page 71347]]

for fluorescent lamps to the wattage limitation requirement. It is 
conceivable that some ceiling fan light kit designs could provide ``up-
lighting'' if the lamps installed in the ceiling fan light kit are 
directed upward. Thus, these ceiling fan light kits would be subject to 
the 190-watt limitation. However, DOE does not consider ceiling fan 
accent lighting that is not a significant light source to be part of 
the 190-watt limitation.
    DOE has made this determination for several reasons. First, 
pursuant to section 135(a)(3) of EPACT 2005, EPCA defines a ceiling fan 
light kit, in part, as equipment ``designed to provide light.'' (42 
U.S.C. 6291(50)) The purpose of accent lighting is not to provide 
direct light; instead, it is commonly used for decorative purposes. As 
such, accent lighting is not covered by EPCA. Second, this application 
of the standard is clearly consistent with EPCA's treatment of ceiling 
fan light kits with medium-screw base sockets and those with pin-based 
sockets for fluorescent lamps. For these two types of ceiling fan light 
kits, section 325(ff) of EPCA clearly regulates only lamps inserted 
into screw base or pin-based sockets, and not any accent lights 
otherwise incorporated into the fan. (42 U.S.C. 6295(ff)(2)-(3)) Third, 
as with the treatment of torchieres in today's final rule, DOE is 
concerned with addressing energy consumption by light sources that are 
aligned with the primary purpose of the ceiling fan light kit. For 
ceiling fan light kits, the general illumination provided by the light 
kit is its principal function, and thus should be subject to the 190-
watt limitation. Other ancillary lighting, such as accent lighting 
serves primarily an aesthetic purpose and is therefore not part of the 
general illumination function of the ceiling fan light kit.

C. Dehumidifiers

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (b)(13) for dehumidifiers. New 
subsection 323(b)(13) (42 U.S.C. 6293(b)(13)) directs the Secretary to 
prescribe test procedures for dehumidifiers based on the test criteria 
in the ``ENERGY STAR Program Requirements for Dehumidifiers,'' as in 
effect on August 8, 2005. The July 2006 proposed rule proposed to 
incorporate by reference into 10 CFR Part 430 the test criteria 
contained in the ``ENERGY STAR Program Requirements for 
Dehumidifiers,'' as in effect on August 8, 2005. The ENERGY STAR 
requirements went into effect on January 1, 2001, and reference the 
American National Standards Institute (ANSI)/Association of Home 
Appliance Manufacturers (AHAM) Standard DH-1-2003, ``Dehumidifiers,'' 
for energy consumption measurements during capacity-rating tests and 
CAN/CSA Standard C749-1994, ``Performance of Dehumidifiers,'' for 
energy factor calculations. 71 FR 42182, 42203, and 42206.
    DOE received one comment on this issue. AHAM commented that they 
agreed with the proposal as the test procedure for dehumidifiers. 
(Public Meeting Transcript, No. 18.8 at p. 23) DOE is incorporating by 
reference into Appendix X of 10 CFR Part 430, the definitions, 
tolerances, and testing procedures in the ``ENERGY STAR Program 
Requirements for Dehumidifiers,'' January 1, 2001 without any 
modifications. DOE believes this test procedure provides a sound means 
for determining compliance with the standards in section 325(cc) of 
EPCA, (42 U.S.C. 6295(cc)), and satisfies the requirements of section 
323(b)(3) of EPCA. (42 U.S.C. 6293(b)(3))

D. Medium Base Compact Fluorescent Lamps

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsections (b)(12)(A) through (C), for ``medium 
base'' compact fluorescent lamps (CFLs). (These CFLs are also commonly 
referred to as ``screw base'' CFLs.) Subsection 323(b)(12)(A) of EPCA 
requires test procedures for medium base CFLs to be based on the August 
9, 2001, version of the ENERGY STAR program requirements for CFLs 
(version 2.0), which became effective October 1, 2001. (42 U.S.C. 
6293(b)(12)(A)) In the July 2006 proposed rule, DOE discussed whether 
it should adopt the more recent version of the CFL ENERGY STAR program 
requirements (version 3.0) which became effective January 1, 2004, or 
the version directed by EPCA, version 2.0. 71 FR 42182. Although DOE 
proposed to adopt version 2.0, the August 9, 2001 version, in the 
proposed rule, DOE considered adopting version 3.0 because: (1) It was 
the current version of the CFL ENERGY STAR test procedure; (2) version 
3.0 was required in a different part of the EPACT 2005 that established 
standards for CFLs packaged with ceiling fan light kits; and (3) DOE 
believes version 3.0 would result in the same measure of energy 
efficacy. 71 FR 42205.
    DOE received several comments in response to the July 2006 proposal 
to adopt the August 9, 2001 version of the ``ENERGY STAR Program 
Requirements for CFLs'' as the test procedure for medium base compact 
fluorescent lamps. NEMA opposes DOE adopting version 3.0 of the CFL 
ENERGY STAR program requirements for testing CFLs generally, and 
recommended that DOE adopt version 2.0, as directed by EPCA. (NEMA, No. 
18.8 at pp. 86-91; NEMA No. 9 at pp. 2-6) NEMA provided detailed 
reasons for its position. NEMA states that these are two separate 
testing regimens, intended for different products in different 
applications. The test method itself is different (e.g., version 2.0 
tests five lamps base-up while version 3.0 tests ten lamps, five base-
up and five base-down), and would therefore yield different lumen per 
watt and lamp maintenance results. (NEMA, No. 9 at pp. 2-3) NEMA also 
commented that EPACT 2005 incorporated the August 9, 2001, ENERGY STAR 
program requirements (version 2.0) to provide a minimum floor for CFLs 
in the general lighting market, and intentionally adopted the different 
requirements in version 3.0 for CFLs shipped with ceiling fan light 
kits. (NEMA No. 9, at pp. 4-5) ALA commented that it agrees with NEMA 
that the appropriate test procedure for medium base CFLs is version 
2.0. (ALA, No. 97 at p. 3) ACEEE disagreed with the viewpoint of NEMA 
and ALA, commenting that the ENERGY STAR version 3.0 test is more 
accurate since it includes both base-up and base-down testing. (ACEEE 
No. 59 at p. 3)
    Upon consideration of these comments, DOE agrees that the test 
method in version 3.0 could result in a different measure of energy 
efficiency than the method in version 2.0, and DOE recognizes that the 
standards set by EPACT 2005 for CFLs are based on the August 9, 2001, 
version of the ENERGY STAR program requirements for CFLs (version 2.0). 
Therefore, DOE is adopting version 2.0 (August 9, 2001) of the ENERGY 
STAR program requirements as the test method for CFLs generally. DOE 
believes this test procedure provides the testing setup and methods for 
determining compliance with the standards in section 325(cc) of EPCA, 
as amended (42 U.S.C. 6295(cc)), and it satisfies the requirements of 
section 323(b)(3) of EPCA. (42 U.S.C. 6293(b)(3))
    DOE notes that in section 135(c) of EPACT 2005, which amended 
section 325 of EPCA to add subsection (bb), the statute established 
energy conservation standards for medium base CFLs. In that subsection, 
DOE was directed to adopt the minimum initial efficacy, lumen 
maintenance, rapid cycle stress test and lamp life requirements 
prescribed in version 2.0 (August 9, 2001) of the ENERGY STAR program 
requirement for CFLs. DOE codified these standards in

[[Page 71348]]

the October 2005 final rule. 70 FR 60413.

E. Torchieres

    Section 135(a) of EPACT 2005 included an amendment to EPCA that 
defined a ``torchiere'' as ``a portable electric lamp with a reflector 
bowl that directs light upward to give indirect illumination.'' (42 
U.S.C. 6291(42)) DOE codified that definition in the October 2005 final 
rule. 70 FR 60412. EPACT 2005 also amended section 325 of EPCA to 
establish an energy conservation standard for torchieres that they (1) 
consume not more than 190 watts of power and (2) shall not be capable 
of operating with lamps that total more than 190 watts. (42 U.S.C. 
6295(x)) This standard, which took effect for torchieres manufactured 
on or after January 1, 2006, was also codified in the October 2005 
final rule. 70 FR 60413.
    In the July 2006 proposed rule, DOE outlined two possible 
approaches to addressing this energy conservation standard. 71 FR 
42183. Since EPACT 2005 neither prescribes nor directs DOE to develop a 
test procedure for torchieres, DOE's choice of approach will determine 
whether or not a test procedure is required for torchieres. One 
approach identified in the July 2006 proposed rule would be for DOE to 
interpret the statutory requirement of ``not be capable of operating 
with lamps that total more than 190 watts'' as a design requirement. 
Under this interpretation, DOE would not require a test procedure. The 
alternative approach identified in the July 2006 proposed rule would be 
for DOE to adopt a test procedure that would measure the power 
consumption of a torchiere. DOE sought stakeholder comment on these two 
possible approaches to addressing the energy conservation standard. 71 
FR 42202.
    Three issues were raised by stakeholders in this rulemaking 
proceeding that pertain to torchieres. First, stakeholders sought 
clarity on how DOE interprets the definition of a torchiere, as 
codified at 10 CFR 430.2. Second, stakeholders commented on the two 
approaches to interpreting EPCA, namely, whether the requirement is a 
design or energy conservation standard. Associated with this, 
stakeholders also requested input from DOE on the use of certain types 
of UL-listed devices (i.e., current-limiting devices) as design options 
to demonstrate compliance with the standard. And third, stakeholders 
asked if DOE had any discretion on how and when it might enforce the 
standard on torchieres, to allow sufficient time for manufacturers to 
incorporate current-limiting devices into torchiere product lines.
    1. Definition of a Torchiere. Several stakeholders commented that, 
for fixtures that provide both indirect lighting through a reflector 
bowl as well as other lighting, DOE should consider only the reflector 
bowl portion of the fixture as subject to the 190-watt energy 
consumption limitation. (ALA, No. 14 at p. 2, No. 18.8 at p. 96, and 
No. 97 at p. 2; Progress Lighting, No. 96 at p. 1; Holtkotter, No. 92 
at p. 1; Pacific Coast Lighting, No. 91 at p. 1; Lite Source, No. 99 at 
p. 1) In other words, these stakeholders were asserting that any accent 
lighting, down-lights or other auxiliary energy-using features 
incorporated into the fixture would not be considered part of the 190-
watt energy consumption limitation.
    PG&E and ACEEE disagreed with this interpretation. PG&E stated that 
the 190-watt limitation, which is the California standard for 
torchieres, applies to any auxiliary lighting features as well the 
reflector bowl. (PG&E, No. 18.8 at p. 106) ACEEE also disagreed, 
commenting that a narrower interpretation that excluded task and 
decorative lighting from the 190-watt limitation would not be 
appropriate and is beyond DOE's authority. (ACEEE, No. 59 at p. 2)
    DOE considered these comments and determined that the EPCA 
provisions for torchieres mean that the 190-watt limitation applies to 
the energy consumed to produce light emanating from the reflector bowl, 
and not to any other direct light or light from other design features. 
DOE reached this conclusion based on the fact that the EPCA definition 
for torchiere focuses on its distinctive characteristic of having a 
reflector bowl directing light upwards. A lighting fixture that 
includes a torchiere and has one or more task lights that provide 
direct illumination offers additional consumer utility that is only 
available in certain consumer product models. Therefore, in today's 
final rule, DOE interprets the mandatory 190-watt limitation for 
torchieres as a design standard, which is applicable only to the 
reflector bowl portion of the torchiere fixture. For those torchieres 
that do incorporate task lighting or other design features into the 
torchiere fixture, those task lights or design features are not 
considered part of the 190-watt limitation.
    DOE recognizes that the most common type of torchiere is one that 
consists solely of a lamp operating in a reflector bowl, directing 
light upward. Therefore, DOE is interpreting the term ``torchiere'' as 
including any portable fixture having a reflector bowl that directs 
light upward, regardless of whether the torchiere may also have any 
other task lights or other design features incorporated into the 
fixture.
    2. Design Standard. ALA commented on the use of certain types of 
devices (i.e., current-limiting devices) as design options to achieve 
compliance with the standard. More specifically, ALA asked whether 
using nominally-rated power and current-limiting devices that are 
tested and approved by organizations including UL and the CSA is a 
suitable approach for achieving the 190-watt power limitation. (ALA, 
No. 14 at p. 2; ALA, No. 18.8 at p. 97) ACEEE commented that it 
believes a wattage-limiting device would be adequate, provided the 
device has been tested to show that more than 190 watts cannot be used. 
(ACEEE, No. 59 at p. 2) DOE indicated in the July 2006 proposed rule 
that it recognizes manufacturers may choose to follow one of several 
possible design pathways to comply with the regulations, including, but 
not limited to, a fuse, circuit breaker or other current-limiting 
device. 71 FR 42183. Use of a current-limiting device as described by 
ALA would be one approach to ensuring torchieres do not consume more 
than 190 watts, and thereby comply with the standard.
    DOE notes that EPACT 2005 did not provide explicit authority to DOE 
for developing a test procedure for torchieres. As noted above, DOE 
determined to interpret the energy conservation standard for torchieres 
as a design requirement. In this way, DOE does not require (or adopt) a 
test procedure in today's final rule, but instead, will require that 
manufacturers report on the feature or features that have been 
incorporated into the torchiere (e.g., circuit breaker, fuse, ballast) 
so they would not draw more than 190 watts of power. These 
certification requirements as proposed for torchieres in the July 2006 
proposed rule will be addressed in a separate final rule as described 
above in section II. 71 FR 42183. This approach is consistent with the 
fact that EPCA does not explicitly direct DOE to establish a test 
procedure.
    3. Enforcement of Design Standard. ALA, Progress Lighting, 
Holtkotter, Pacific Coast Lighting, Lite Source, Senator Talent, and 
Representatives Sessions and Gordon asked whether DOE had any 
discretion on how and when it might enforce the standard on torchieres, 
to allow sufficient time for manufacturers to incorporate the current-
limiting devices into their product lines. (ALA, No. 14 at p. 4, No. 
18.8 at pp. 98-99, and No. 97 at p. 2; Progress Lighting, No. 96 at p. 
1; Holtkotter, No. 92 at p. 1; Pacific Coast

[[Page 71349]]

Lighting, No. 91 at p. 1; Lite Source, No. 99 at p. 1; Senator Talent, 
No. 101 at p. 1; Representatives Sessions and Gordon, No. 102 at p. 1) 
ALA, Progress Lighting, Holtkotter, Pacific Coast Lighting, Senator 
Talent, and Representatives Sessions and Gordon requested that DOE 
delay its enforcement of the standard until April 30, 2007. (ALA, No. 
14 at p. 4, No. 18.8 at pp. 98-99, and No. 97 at p. 2; Progress 
Lighting, No. 96 at p. 1; Holtkotter, No. 92 at p. 1; Pacific Coast 
Lighting, No. 91 at p. 1, Senator Talent, No. 101 at p. 1; 
Representatives Sessions and Gordon, No. 102 at p. 1) Lite Source 
requested that DOE delay its enforcement of the standard until July 1, 
2007. (Lite Source, No. 99 at p. 1) ACEEE commented that EPCA requires 
torchiere standards to take effect January 1, 2006, and it does not 
believe DOE has the authority to delay the effective date to April 2007 
as industry requested. (ACEEE, No. 59 at p. 3) DOE notes that EPCA, as 
amended by section 135(c) of EPACT 2005, specifies that the standard 
applies to all torchieres manufactured on or after January 1, 2006. (42 
U.S.C. 6295(x)) DOE does not have the authority to amend the legislated 
effective date. All torchieres imported or manufactured after that 
effective date must be compliant with the national standard, as set by 
Congress.

F. Unit Heaters

    Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA to add 
subsection (aa) (42 U.S.C. 6295(aa)), which requires that unit heaters 
manufactured on or after August 8, 2008, be equipped with an 
intermittent ignition device, and have power venting or an automatic 
flue damper. DOE incorporated these design standards into 10 CFR 430 in 
the October 2005 final rule. 70 FR 60407. Since EPACT 2005 promulgated 
a design standard for unit heaters, DOE is not proposing test 
procedures for this equipment. Test procedures under EPCA must be 
designed to measure ``energy efficiency, energy use, * * * or estimated 
annual operating cost.'' (42 U.S.C. 6314(a)(2)) \6\ Test procedures are 
not required for determining compliance with design standards. (42 
U.S.C. 6295(s))
---------------------------------------------------------------------------

    \6\ Even though unit heaters are commercial equipment, Congress 
placed them in the residential section of EPACT 2005.
---------------------------------------------------------------------------

    In the July 2006 proposed rule, DOE proposed definitions for the 
terms ``intermittent ignition device,'' ``power venting,'' ``automatic 
flue damper,'' and ``fan-type heater'' as they relate to unit heaters, 
since none of these terms are defined in EPCA and DOE believes that the 
definitions are necessary to clarify the coverage and content of the 
standards for unit heaters. 71 FR 42184. The term ``fan-type heater'' 
is part of the EPCA definition of ``unit heater'' (EPACT 2005, section 
135(a)(3), and 42 U.S.C. 6291(45)) and the terms ``intermittent 
ignition device,'' ``power venting,'' and ``automatic flue damper'' are 
part of the standards established in EPCA (EPACT 2005, section 
135(c)(4) and 42 U.S.C. 6295(aa)). DOE based the proposed definitions 
on those found in industry consensus standards, and modified the 
definitions to reflect their application to unit heaters. 71 FR 42184.
    Today's final rule adopts the proposed definitions with some 
revisions to provide additional clarity. DOE is also clarifying the 
regulatory text to indicate that unit heaters with automatic vent 
dampers comply with the design requirement.
    1. Definitions. The Gas Appliance Manufacturer Association (GAMA) 
commented on the proposed definitions for unit heaters, suggesting 
several modifications to each. (GAMA, No. 7, pg. 1) In particular, GAMA 
pointed out that the Federal standards for unit heaters are design 
requirements and stated that it believes Congress's intent when 
including these standards in EPACT 2005 was to eliminate standing 
pilots and limit the amount of heat loss during ``off'' cycles. (GAMA, 
No. 7 at p. 1)
    As such, GAMA suggested that the definition for intermittent 
ignition device be broadened to cover several different types of 
electronic ignition systems including units that ignite a pilot and 
those that use a hot surface or a spark to directly ignite the main 
burner. (GAMA, No. 7 at p. 2) GAMA also stated that the definition of 
power venting needed to be broadened to provide clarity, and to allow 
for optional add-on mechanical venting systems that help draw products 
of combustion from the appliance so as to lower the flue gas 
temperature, as well as use a non-metallic vent pipe. (GAMA, No. 7 at 
p. 2) ACEEE commented in support of these suggested modifications to 
DOE's proposed definitions. (ACEEE, No. 59 at p. 2) DOE agrees with 
these suggested modifications to its proposed definitions, as well as 
GAMA's rationale for broadening these definitions to make them 
applicable to many different configurations of unit heaters, and has 
incorporated these modifications into today's final rule.
    GAMA also asserted that the definition of fan-type heater is not 
needed to interpret or understand the design standards set forth in 
EPACT 2005. GAMA stated that this term is not used in any federal 
requirement except the definition of unit heater and that the proposed 
definition is incorrect. GAMA states that the July 2006 proposed 
definition of fan-type heater describes a fan-type heater as providing 
combustion air, which is not the case for this type of equipment. 
(GAMA, No. 7 at p. 3) Upon further review, DOE agrees that the proposed 
definition of fan-type heater is incorrect, and also that a definition 
of this term is not needed. DOE reached this conclusion because any 
fan-type heater by nature is designed to move air and that is what the 
definition of fan-type heater proposed in the July 2006 proposed rule 
explicitly states. DOE feels that this redundancy is unnecessary; 
therefore, no such definition is included in today's final rule.
    In the July 2006 proposed rule, DOE proposed a definition of 
automatic flue damper as follows:

    ``Automatic flue damper means a damper, usually electrically 
operated, which when fitted in the flue of a gas or oil-fired space-
or water-heating appliance and connected to the appliance control 
system opens on firing and shuts after the main burner has been 
extinguished.''

71 FR 42212-42213. GAMA stated that industry practice distinguishes 
between flue dampers and vent dampers, and suggested that DOE modify 
the above definition to clearly recognize this distinction, by adopting 
the definition of automatic flue dampers from ANSI/the American Society 
of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)/the 
Illuminating Engineering Society of North America (IESNA) Standard 
90.1, ``Energy Standard for Buildings Except Low-Rise Residential 
Buildings'' (ANSI/ASHRAE/IESNA Standard 90.1). (GAMA, No. 7 at p. 2) 
GAMA apparently was concerned that the proposed definition would 
subsume both flue dampers and vent dampers, and could create confusion 
because normal industry usage does not include automatic vent dampers 
within the category of ``automatic flue damper.'' Thus, GAMA suggested 
incorporating, as part of the definition of automatic flue damper, 
clarification that the flue damper is located, in relation to the 
direction of flow of the combustion products, prior to the draft 
control device. (GAMA, No. 7 at p. 2) Lastly, with regard to unit 
heaters, GAMA suggested adding a definition of ``automatic vent 
damper'' to further distinguish between a flue damper and a vent 
damper, and suggested that for a vent damper, DOE also use the 
definition contained in ANSI/ASHRAE/

[[Page 71350]]

IESNA Standard 90.1. (GAMA, No. 7 at p. 2) ACEEE also commented in 
support of these proposals. (ACEEE, No. 59 at p. 2)
    In proposing a definition of automatic flue damper, DOE did not 
explicitly intend to capture automatic vent dampers. DOE recognizes 
that the proposed definition was broad enough to include a design that 
has a similar function as automatic flue dampers as defined by 
industry. However, DOE does not want the definition to conflict with 
industry-accepted definitions. DOE agrees with GAMA's suggested 
revisions to the proposed definition of automatic flue damper and with 
the addition of its suggested definition of automatic vent damper. The 
revised definition conforms to the scope of equipment DOE intended to 
include in the proposed July 2006 proposed rule definition of 
``automatic flue damper.'' And, addition of the new definition for 
automatic vent damper will serve two functions. First it will delineate 
devices excluded from the definition of automatic flue damper. Second, 
it will provide clarification for manufacturers to distinguish between 
DOE's treatment of two technologies that perform similar functions, but 
are placed in different locations within the venting system. These 
modifications and adoption of these definitions will clarify the 
coverage and the content of the design standards for unit heaters. 
Therefore, today's final rule incorporates both the revised definition 
of automatic flue damper and the new definition of automatic vent 
damper, incorporating the ASHRAE definitions, into section 431.242 of 
10 CFR Part 431.
    2. Automatic Vent Dampers. As just discussed, DOE's proposed 
definition of ``automatic flue damper'' was broad enough to include 
automatic vent dampers. Although DOE did not explicitly address this 
inclusion in the July 2006 proposed rule that was clearly one possible 
interpretation of the proposed rule. As proposed, the definition of 
``automatic flue damper'' would have permitted the use of automatic 
vent dampers to comply with the design requirement.
    In conjunction with GAMA's comments that DOE modify the definition 
of automatic flue damper and add the definition of automatic vent 
damper, GAMA also requested in its written comment and at the public 
meeting that DOE interpret the EPCA requirements for unit heaters to 
allow the equipment to use an automatic vent damper instead of, or as 
an acceptable alternative to, an automatic flue damper for unit heaters 
that draw combustion air from conditioned space. GAMA asserts that the 
use of an automatic vent damper on a unit heater meets the intent of 
the legislation because it saves more energy than a flue damper, by 
significantly reducing building heat loss through the draft control 
device and venting system during off cycles. (GAMA, No. 7 at p. 3; 
Public Meeting Transcript, No. 18.8 at pp. 18 and 54-55) GAMA also 
explained at the public meeting that ASHRAE is currently considering a 
proposal that would allow automatic vent dampers as an acceptable 
alternative to automatic flue dampers. (Public Meeting Transcript, No. 
18.8 at pp. 18 and 54) In support of the GAMA proposal, ACEEE commented 
that ``automatic vent dampers'' should be considered an acceptable 
alternative to ``automatic flue dampers.'' (ACEEE, No. 59 at p. 2)
    Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA to add 
subsection (aa) (42 U.S.C. 6295(aa)), which requires that unit heaters 
manufactured on or after August 8, 2008, ``* * * have power venting or 
an automatic flue damper.'' DOE has determined that an established way 
for manufacturers to reduce or minimize energy losses through the vent 
system of certain unit heaters, namely those that draw combustion air 
from the conditioned space, is to include an automatic vent damper in 
lieu of an automatic flue damper. In addition, DOE believes the intent 
of the EPCA requirement that unit heaters have power venting or an 
automatic flue damper, is to reduce the heat loss through the vent 
system during ``off'' cycles, as that is the purpose of power venting 
and of automatic flue dampers. An ``automatic vent damper'' in a unit 
heater performs this function of reducing energy losses, by restricting 
the flow of heated air out of the venting system during off cycles, and 
the automatic vent damper performs this function in a manner superior 
to the automatic flue damper. (GAMA, No. 7 at p. 2) In consideration of 
the above, DOE is adopting the term ``automatic vent damper,'' and 
today's final rule will explicitly permit the use of an automatic vent 
dampers to comply with the standard for unit heaters that draw 
combustion air from the conditioned space. These provisions will be 
placed in sections 431.242 and 431.246 of 10 CFR Part 431.

G. Automatic Commercial Ice Makers

    Section 136(f)(1)(B) of EPACT 2005 amends section 343 of EPCA to 
add subsection (a)(7)(A) (42 U.S.C. 6314(a)(7)(A)), which states that 
the test procedures for automatic commercial ice makers ``shall be the 
test procedures specified in the Air-Conditioning and Refrigeration 
Institute Standard 810-2003, as in effect on January 1, 2005.'' The 
title of this Standard is ``Performance Rating of Automatic Commercial 
Ice Makers.''
    1. Test Procedure. In the July 2006 proposed rule, DOE stated its 
intention to adopt Air-Conditioning and Refrigeration Institute (ARI) 
Standard 810-2003 as the test procedure for automatic commercial ice 
makers of cube-type, which references ASHRAE Standard 29-1988 (RA 
2005), with one modification. 71 FR 42184-85. Section 4, ``Test 
Requirements,'' of ARI Standard 810-2003 references the performance 
tests in ASHRAE Standard 29, ``Methods of Testing Automatic Ice 
Makers.'' DOE stated in the July 2006 proposed rule that it believes 
ARI Standard 810-2003 provided for use of the most current version of 
ASHRAE Standard 29, which at present is ANSI/ASHRAE Standard 29-1988 
(Reaffirmed 2005). 71 FR 42184-42185. DOE also proposed to require 
explicitly that the energy consumption rate calculated using ANSI/
ASHRAE Standard 29-1988 (RA 2005) be determined using the total amount 
of ice produced during the cycles in which energy consumption is 
measured in the calculation of the energy consumption rate. 71 FR 
42185. The July 2006 proposed rule included the requirement that the 
energy consumption rate normalized to 100 pounds (100 lbs) of ice be 
determined as follows:
[GRAPHIC] [TIFF OMITTED] TR08DE06.000

    At the September 2006 public meeting, ARI commented in support of 
DOE's proposal to adopt ARI Standard 810-2003 as the test procedure for 
automatic commercial ice makers with the revised energy use rate 
equation.

[[Page 71351]]

ARI further elaborated on the modified energy use rate equation by 
stating that ARI believes that this method has been used without the 
clarification. ARI suggested that DOE submit any revisions and 
clarifications to the ASHRAE Standard 29 committee, which would ensure 
that ASHRAE Standard 29 be amended to reflect and clarify this energy 
use rate situation. ARI Standard 810-2003 references ASHRAE Standard 
29-1988 (RA 2005) for the methods of tests and energy consumption rate 
calculations. (Public Meeting Transcript, No. 18.8 at pp. 45-46)
    DOE is incorporating by reference the definitions, testing methods, 
and rating requirements of ARI Standard 810-2003, which references the 
testing provisions from ASHRAE Standard 29-1988 (RA 2005), and the 
revised method of calculating the energy consumption rate as proposed 
in the July 2006 proposed rule. The adopted test procedure provides a 
method for measuring the energy use and water use at the harvest rate 
levels specified in section 342(d) of EPCA (42 U.S.C. 6313(d)), and for 
determining compliance with the standard levels in that section. 
Furthermore for the reasons stated in the July 2006 proposed rule, 71 
FR 42184-85, the adoption of these provisions satisfies both the 
requirement that the test procedures for automatic commercial ice 
makers ``shall be'' the test procedures in ARI Standard 810-2003 (42 
U.S.C. 6314(a)(7)(A)) and the general requirements for test procedures 
in 42 U.S.C. 6314(a)(2).
    Finally, section 136(h)(3) of EPACT 2005 amends section 345 of EPCA 
(42 U.S.C. 6316) to add subsection (f)(4) directing the Secretary to 
``monitor whether manufacturers are reducing harvest rates below tested 
values for the purpose of bringing non-complying equipment into 
compliance,'' and authorizing the Secretary to take steps to minimize 
manipulation if the Secretary determines ``that there has been a 
substantial amount of manipulation with respect to harvest rates'' of 
commercial ice makers. (42 U.S.C. 6316(f)(4)) As stated in the July 
2006 proposed rule, DOE will monitor commercial ice maker harvest rates 
to determine if such manipulation occurs.
    2. Additional Product Classes. The Howe Corporation (Howe) 
requested that DOE extend the ice maker standard to cover other types 
of automatic commercial ice makers beyond those that produce cube-type 
ice. (Howe, No. 6 at p. 1) Howe stated that a significant disparity has 
existed in the way manufacturers rate the productive capacities and 
energy consumption of their equipment for all types of automatic ice 
makers. Howe also noted that DOE's efforts to regulate automatic 
commercial ice makers will only apply to cube-type ice makers, which 
apply only to a portion of all automatic commercial ice makers that are 
manufactured and sold. (Howe, No. 6 at pp. 3-4) Howe concluded by 
requesting that DOE test procedures and requirements be amended and 
expanded to apply a revised ARI Standard 810 to all automatic ice 
makers regardless of ice-cube type. (Howe, No. 6 at pp. 3-4)
    EPCA, as amended by section 136(d) of EPACT 2005, establishes 
energy and water conservation standards for automatic commercial ice 
makers that produce cube-type ice. (42 U.S.C. 6313(d)(1)) EPCA does not 
set energy conservation standards for other types of automatic 
commercial ice makers, including those that make flake-type ice. The 
purpose of adopting a test procedure for commercial ice makers in this 
rulemaking is to adopt methods for testing equipment for which EPACT 
2005 set energy conservation standards, and to comply with the 
requirement that the test procedure for such ice makers be ARI Standard 
810-2003, which applies only to the equipment that produces cube-type 
ice. Therefore, the test methods proposed in the July 2006 proposed 
rule provides for measuring the condenser water rate, harvest rate, and 
energy use of automatic commercial cube-type ice makers. 71 FR 42184, 
85. DOE's adoption of these provisions satisfies the general 
requirements for test procedures in 42 U.S.C. 6314(a)(2).
    Consideration for expanding the standard for automatic commercial 
ice makers to include equipment that produces ice other than cube-type 
ice is outside the scope of this rulemaking proceeding. DOE 
acknowledged at the public meeting, however, that it is authorized to 
adopt standards for such other commercial ice makers (42 U.S.C. 
6313(d)(2)), and if and when it seeks to adopt such standards, it 
intends to consider ice makers that produce flake-type ice. (Public 
Meeting Transcript, No. 18.8 at pp. 46, 48)

H. Commercial Prerinse Spray Valves

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (14), which states that test 
procedures for measuring the flow rate for commercial prerinse spray 
valves ``shall be based on [the] American Society for Testing and 
Materials [ASTM] Standard F2324, entitled `Standard Test Method for 
Pre-Rinse Spray Valves.' '' Section 135(c)(4) amends EPCA to require 
that commercial prerinse spray valves manufactured on or after January 
1, 2006, have a flow rate of 1.6 gallons per minute or less. (42 U.S.C. 
6295(dd))
    1. Performance Test. PG&E commented that DOE should adopt a 
cleanability test procedure as cleanability is a function of the 
prerinse spray nozzle. (Public Meeting Transcript, No. 18.8 at pp. 56-
57) PG&E further suggested that DOE examine the characteristic of the 
prerinse spray valve because they do not want to see a problem with 
people having to use more hot water because of the inadequate 
capability of the nozzle. Overall, PG&E stated that various experts in 
the field have generated standards which are available for cleanability 
and they believe that cleanability does have energy-related 
consequences for the commercial prerinse spray valve.
    While ASTM Standard F2324-03 covers water consumption flow rate and 
cleanability of prerinse spray valves, EPCA gives DOE the authority for 
establishing a standard that addresses flow rate only. It does not give 
DOE the authority to regulate other performance features of commercial 
prerinse spray valves, such as cleaning performance. Therefore, DOE has 
not considered adoption of the cleanability provisions of ASTM Standard 
F2324-03 and is adopting the test procedure as proposed in the July 
2006 proposed rule. 71 FR 42185, 42213. ASTM Standard F2324-03 provides 
a sound basis for determining the flow rate and compliance with the 
standards for prerinse spray valves, which thereby complies with the 
requirements of section 343(b)(3) of EPCA. (42 U.S.C. 6314(a)(2))

I. Illuminated Exit Signs

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (9), which provides that test 
procedures for illuminated exit signs ``shall be based on the test 
method contained in version 2.0 of the EPA's `ENERGY STAR Program 
Requirements for Exit Signs.' '' Furthermore, section 135(c)(4) of 
EPACT 2005 added a new subsection (w) to 325 of EPCA, requiring 
illuminated exit signs manufactured on, or after January 1, 2006, to 
meet version 2.0's performance requirements. Under version 2.0 such 
signs must have an input power demand of five watts or less per face. 
See 70 FR 60417; 10 CFR 431.206. EPA updated the ``ENERGY STAR Program 
Requirements for Exit Signs'' and published version 3.0, effective 
August 1, 2004.
    Although subsection 323(b)(9) of EPCA (42 U.S.C. 6293(b)(9)), 
specifically identifies the test method in version 2.0 as the version 
on which the test

[[Page 71352]]

procedure for illuminated exits signs ``shall be based,'' DOE proposed 
to incorporate by reference, the ``ENERGY STAR Program Requirements for 
Exit Signs,'' version 3.0, effective August 1, 2004, because: (1) 
Version 3.0 is the most recent version of the ENERGY STAR test 
procedure; and (2) DOE believed the test methods in versions 2.0 and 
3.0 are the same with regard to energy consumption and would result in 
the same measure of energy consumption. 71 FR 42186. DOE also proposed 
to include a requirement in the test procedure that the time duration 
of the test shall be sufficient to measure power consumption with a 
tolerance of 1 percent in order to provide a basis for 
comparable measurements and to clarify the test procedure. 71 FR 42185, 
42211. These requirements were proposed in section 431.204 of 10 CFR 
Part 430. Id.
    NEMA, Acuity Lighting Group (Acuity), and Osram Sylvania commented 
that the two versions of the ENERGY STAR are not the same. They 
commented that version 2.0 includes safety requirements such as 
brightness and visibility for illuminated exit signs that are not 
included in version 3.0. (NEMA, No. 71 at p. 2; Acuity Lighting Group, 
No. 5 at p. 1; Osram Sylvania, No. 16 at p. 1) NEMA also stated that 
the safety requirements included in version 2.0 for brightness and 
visibility are equally important as the input power demand test for 
energy consumption. (NEMA, No. 71 at p. 2) Furthermore, ACEEE stated 
that it worked with NEMA on the development of the EPCA provisions for 
illuminated exit signs and asserted that Congress made a conscious 
choice to reference version 2.0 of the ENERGY STAR program requirements 
for illuminated exit signs, even though version 3.0 was available. 
(ACEEE, No. 59 at p. 3)
    Although inclusion of safety requirements in the ``ENERGY STAR 
Program Requirements for Exit Signs'' is laudable, EPCA provides DOE 
with the authority to set only energy conservation requirements for 
illuminated exit signs. As to test procedures in particular, DOE's 
authority under EPCA is limited to adoption of test methods and related 
provisions that concern energy consumption. (See 42 U.S.C. 6214) Thus, 
even though, as discussed below, DOE is adopting version 2.0 of the 
``ENERGY STAR Program Requirements for Exit Signs,'' as the DOE test 
procedure for this equipment under EPCA, DOE will require use only of 
those elements of version 2.0 that concern testing for energy 
consumption.
    While DOE continues to believe that the two versions of the ENERGY 
STAR criteria for illuminated exit signs provide the same measure of 
energy consumption, DOE is adopting the earlier version, the ``ENERGY 
STAR Program Requirements for Exit Signs,'' version 2.0, since it was 
explicitly specified in EPACT 2005. DOE recognizes that several states 
have adopted the safety standards in version 2.0 of the ``ENERGY STAR 
Program Requirements for Exit Signs.'' DOE believes that the concern 
for having two different specifications for testing the same product 
outweigh the consideration for using the most recent version of the 
specification. In addition, DOE realizes that both version 2.0 and 
version 3.0 of the ``ENERGY STAR Program Requirements for Exit Signs'' 
are equally available from the EPA. DOE is adopting version 2.0, which 
complies with the requirement in EPCA that the test procedures for such 
signs ``be based on'' that version. (42 U.S.C. 6293(b)(9))
    In addition, NEMA also commented that the adoption of version 3.0 
would allow the introduction of photo luminescent products, and would 
lessen the value of life safety requirements, which allow dim, photo 
luminescent signs to meet the requirements. (NEMA, No. 71 at p. 3) EPCA 
defines an ``illuminated exit sign'' as a ``sign that * * * is designed 
to be permanently fixed in place to identify an exit; and * * * 
consists of an electrically powered integral light source * * *.'' 
(Section 321(37) of EPCA (42 U.S.C. 6291(37) Photo luminescent light 
products do not include ``electrically powered integral light 
sources.''
    Photo luminescent products are not covered equipment, and DOE test 
procedures and energy conservation standards do not apply to or affect 
these products. DOE's adoption of version 3.0 would not have allowed 
introduction of these products, and adoption of version 2.0 would not 
preclude their introduction.
    NEMA has also stated that a requirement for time duration for the 
test is unnecessary because wattage is not dependent upon time, 
measurements change very little over time, and measurement instruments 
may not be capable of measuring within a 1 percent 
tolerance range. (NEMA, No. 71 at p. 4) Based on these comments, DOE 
reconsidered its proposed requirement that the time duration of the 
test be sufficient to measure power consumption with a tolerance of 
1 percent. DOE agrees wattage is not dependent upon time 
and that measurements using different durations would not lack 
comparability because the input power is not a function of time. 
Therefore, DOE is not adopting a time duration requirement in today's 
final rule.

J. Traffic Signal Modules and Pedestrian Modules

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (11), which states that test 
procedures for traffic signal modules and pedestrian modules shall be 
based on the test method used under the ENERGY STAR program for traffic 
signal modules, as in effect on August 8, 2005. Section 4 of the ENERGY 
STAR specification in effect at that time, the ``ENERGY STAR Program 
Requirements for Traffic Signals,'' version 1.1, prescribes use of the 
test methods from the Institute for Transportation Engineers (ITE), 
``Vehicle Traffic Control Signal Heads (VTCSH),'' Part 2, 1985, section 
6.4.2, ``Maintained Minimum Luminous Intensity.'' In addition, pursuant 
to Section 135(c)(4) of EPACT 2005, new subsection 325(z) of EPCA (42 
U.S.C. 6295(z)) requires that traffic signal modules and pedestrian 
modules manufactured on or after January 1, 2006, meet the performance 
requirements specified in the ENERGY STAR program requirements for 
traffic signals, version 1.1, which preclude the maximum wattage and 
nominal wattage of these modules from exceeding certain specified 
levels. These requirements were codified in 10 CFR 431.226(a). 70 FR 
60417.
    1. Definitions of Nominal and Maximum Wattage. In the July 2006 
proposed rule, DOE proposed to clarify both the standards and test 
conditions for these products by adopting the following definitions of 
nominal wattage and maximum wattage into section 431.222:

     Nominal wattage means the power consumed by the module 
when it is operated within a chamber at a temperature of 25 [deg]C 
after the signal has been operated for 60 minutes.
     Maximum wattage means the power consumed by the module 
after being operated for 60 minutes while mounted in a temperature 
testing chamber so that the lensed portion of the module is outside the 
chamber, all portions of the module behind the lens are within the 
chamber at a temperature of 74 [deg]C, and the air temperature in front 
of the lens is maintained at a minimum of 49 [deg]C.

71 FR 41286, 42212. DOE developed these definitions by drawing on 
language in the VTCSH test procedure and from consultations with ITE 
and proposed to place these definitions into Sec.  431.222 of 10 CFR 
Part 430. Id.
    ITE commented that it supported the definitions for ``nominal 
wattage'' and

[[Page 71353]]

``maximum wattage'' of the traffic signal or pedestrian module. (Public 
Meeting Transcript, No. 18.8 at p. 124) GELcore commented that it fully 
supports DOE's desire to add definitions for wattage as set forth in 
the July 2006 proposed rule to reflect equal test conditions for either 
25 [deg]C or 74 [deg]C of green and red signal modules as well as for 
pedestrian white/Portland orange signal modules. (GELcore, No. 60 at p. 
1) However, GELcore also suggested modifying the proposed definitions 
under Sec.  431.222 to include a duty cycle, specify a calibrated 
instrument, and specify ``Design Qualification Testing'' for the set-up 
of the testing chamber. (GELcore, No. 60 at p. 2)
    DOE has determined that the clarifications suggested by GELcore are 
not necessary to define a traffic signal module or pedestrian module. 
The three clarifications suggested by GELcore are specifications for 
testing and are included in and accounted for in the VTCSH 2005 test 
procedure, which is being adopted in today's final rule. VTCSH 2005 
specifies the duty cycle, the testing-chamber set-up, the 
instrumentation to be used for testing, and further test criterion 
needed to determine the nominal and maximum wattages. Furthermore, DOE 
did not receive any comments objecting to the proposed definitions and 
believes all of the clarifications proposed by GELcore are subsumed in 
the methods of test in VTCSH 2005. DOE is therefore incorporating the 
definitions as proposed in the July 2006 proposed rule into Sec.  
431.222 of 10 CFR Part 431. 71 FR 41286, 42212.
    2. ITE VTCSH Test Procedure Version. In the July 2006 proposed 
rule, DOE proposed to incorporate by reference the test methods for 
measuring the maximum and nominal wattages as contained in the test 
specifications in section 4 of the ``ENERGY STAR Program Requirements 
for Traffic Signals,'' version 1.1, and section 6.4.2 of VTCSH Part 2 
(1985). However, in the July 2006 proposed rule, DOE pointed out that 
ITE recently updated the VTCSH to the June 27, 2005, version, referred 
to as VTCSH 2005. DOE did not propose to adopt the later VTCSH standard 
(VTSCH 2005) because (1) it would give stakeholders the perception that 
DOE extended coverage to products not covered by EPACT 2005; (2) it 
added a number of testing requirements DOE does not find necessary to 
meet the requirements of EPACT 2005; and (3) it wasn't clear if the new 
VTCSH standard would give the same measure of energy consumption as the 
older version. 71 FR 42186-42187. DOE requested comments on whether DOE 
should adopt the later VTCSH standard. Id.
    DOE received numerous comments concerning the proposed test 
procedure for traffic signal modules and pedestrian modules in the July 
2006 proposed rule. Johnson City, Tennessee (Johnson City) stated that 
the VTCSH Part 2 (1985) is an outdated specification that has been 
superseded by VTCSH 2005 and should not be adopted; instead, DOE should 
adopt the later version of the VTCSH test procedure. Johnson City 
further stated that State and Federal agencies will move away from 
using the old specification and will begin using the VTCSH 2005 for 
traffic signal modules and that adopting the outdated specification 
would cause confusion and could be less comprehensive. Consequently, 
Johnson City urged the use of the specifications that are currently 
active, VTCSH 2005, for traffic signal modules and pedestrian modules 
available from ITE. (Johnson City, No. 2 at p. 1) DOE received similar 
comments from over 106 States, cities, municipalities and ITE members 
echoing ITE's comments and position for traffic signal modules and 
pedestrian modules.
    ITE urged DOE to adopt the 2005 version of the VTCSH. ITE stated 
that the older version of the LED specification is no longer available 
through ITE and it will no longer publish the older version. (Public 
Meeting Transcript, No. 18.8 at p. 124) In addition, ITE stated that 
approximately 80 percent of public agencies use the 2005 LED 
specification to procure signal systems. (ITE, No. 4 and No. 8 at pp. 
1-3) In addition, ITE believes that there exist technical difficulties 
in the design of LED signal modules that inhibit them from meeting two 
separate ITE specifications, namely, the 2005 version and the older 
version. (Public Meeting Transcript, No. 18.8 at p. 125) ITE stated 
that LED traffic signal modules would have to qualify for overall 
design and manufacturing to the 2005 specification to meet the need of 
the purchasing agencies and using an older version of the specification 
for DOE testing could require design and manufacturing changes. ITE 
urged DOE to use VTCSH 2005 for testing traffic signal modules to 
eliminate non-trivial cost increases associated with dual testing to 
two separate specifications and confusion within the industry. (ITE, 
No. 4 and No. 8 at pp. 1-3)
    NEMA commented in support of the ITE position to use the current 
2005 version of the LED circular specification (VTCSH 2005) because 
using an older version could cause confusion in the industry as 
agencies are beginning to require compliance with the new ITE 
specification. NEMA stated that the VTCSH 2005 has different testing 
requirements than the VTCSH Part 2 (1985) and could conceivably require 
LED module manufacturers to provide additional testing to meet both the 
ITE specification (VTCSH 2005) and the ENERGY STAR Version 1.1 
requirements (VTCSH 1985). (NEMA, No. 9 at p. 3)
    Transportation and Energy Solutions, Inc., commented that the 
standards are ENERGY STAR specifications for LED traffic signals are 
obsolete and need to be updated. (Transportation and Energy Solutions, 
Inc, No. 100 at p. 1) Transportation and Energy Solutions also stated 
that the VTCSH specifications for traffic signal modules and pedestrian 
modules, regardless of the version, do not have any specific test 
methods for measuring wattage.
    The Federal Highway Administration (FHWA) commented that test 
requirements in VTCSH do not have any requirements for measuring 
wattage. (Public Meeting Transcript, No. 18.8 at pp. 128-129) FHWA 
commented that the VTCSH test procedure only measures photometric and 
colormetric output (i.e., photometric and colormetric performance) and 
that these performance requirements differ in the VTCSH 1985, 1998, and 
2005 specifications. However, FHWA stated that if a product that is 
designed to the VTCSH 2005 performance specifications is tested under 
the 1998 testing requirements then the energy consumption results would 
be the same for red and green traffic signal modules and pedestrian 
modules covered by the EPACT 2005 standards. FHWA also stated that DOE 
would have to specify the watt meter or the type of tests that DOE 
requires to be conducted. FHWA suggests that DOE simply specify that 
during the qualification testing, the manufacturers conduct an RMS 
wattage measurement or do a measurement of the current consumption and 
voltage simultaneous to the measurement of the luminescence intensity. 
FHWA expressed the necessity to add the wattage requirements using the 
most straightforward methodology and concluded that the current and 
previous VTCSH specifications yield the same energy consumption 
results. (Public Meeting Transcript, No. 18.8 at p. 132)
    In light of the comments received, DOE has reexamined the ENERGY 
STAR specifications for traffic signals in effect on August 8, 2005, 
and the VTCSH 2005 testing procedures it references. As DOE stated in 
the July 2006 proposed rule, DOE did not propose to adopt VTCSH 2005 
because

[[Page 71354]]

DOE believed the specification extended coverage to products not 
covered by EPACT 2005, used a format that is not conducive to 
incorporation in the DOE test procedure, and added a number of testing 
requirements DOE does not find necessary to meet the requirements of 
EPACT 2005. 71 FR 42186-42187. While DOE recognizes that the VTCSH 2005 
incorporates specifications for amber-colored modules, DOE points out 
that the energy conservation standards for nominal and maximum wattage 
specified by EPACT 2005 and codified in the October 2005 final rule are 
only applicable to red and green traffic signal modules and pedestrian 
modules, and thus, only the testing method for red and green traffic 
signal modules and pedestrian modules is applicable.
    DOE recognizes the concerns of ITE, FHWA, and the numerous State 
and local municipalities about using two different specifications for 
testing the same product, and believes these concerns for using two 
different specifications for testing the same product outweigh the 
considerations for the additional tests included in VTCSH 2005. DOE has 
determined the testing requirements in VTCSH 2005, while more detailed, 
are a better reflection of current technologies used by traffic signal 
modules and pedestrian modules. While DOE stated in the July 2006 
proposed rule that VTCSH 2005 added a number of testing requirements, 
DOE has determined that these provisions are mostly applicable to amber 
traffic signals and pedestrian modules, which are not covered by EPCA. 
Therefore, DOE has since determined that the testing requirements in 
the VTCSH 2005 will produce the same results as the VTCSH (1985) 
specification when testing red and green traffic signal modules or 
pedestrian modules and DOE is therefore adopting the 2005 version of 
the VTCSH standard. In addition, DOE is adding a provision, as 
suggested by FHWA, to specify the use of a wattmeter when testing a 
product for energy consumption, as follows:

    Use a wattmeter having an accuracy of 1% to measure 
the nominal wattage and maximum wattage of a red or green traffic 
signal module or pedestrian module when conducting the photometric 
and colormetric tests as specified by the testing procedures in 
VTCSH 2005.

    The addition of the definitions of ``maximum wattage'' and 
``nominal wattage,'' in conjunction with the adoption of the test 
conditions in VTCSH 2005, and the test method clarification above that 
is specified in Sec.  431.224(b) provide a sound basis for measuring 
the maximum and nominal wattages for traffic signal and pedestrian 
modules. DOE's adoption of these test methods satisfy the requirements 
of section 323(b)(3) of EPCA (42 U.S.C. 6293(b)(3)). Adoption of these 
test methods also complies with EPCA's requirement that the test 
procedures for traffic signal modules and pedestrian modules be based 
on the ENERGY STAR specification in effect on August 8, 2005. (42 
U.S.C. 6293(b)) For these reasons, DOE is incorporating by reference 
the test methods for measuring the maximum and nominal wattages as 
contained in the test specifications in section 4 of the ``ENERGY STAR 
Program Requirements for Traffic Signals,'' version 1.1, and VTCSH 
2005.
    Finally, DOE also received several inquiries at the public meeting 
about generically referencing the current version of the ITE 
specifications, which would result in the test procedure being 
automatically updated when amended versions of the ITE are released. 
Section 553 of the Administrative Procedure Act (APA) describes the 
rulemaking process that an agency must follow in order to adopt a rule. 
(5 U.S.C. 553) If an agency were to adopt a rule that required 
compliance with the latest version of an industry standard, the agency 
rule would be amended without the agency having to follow the notice 
and comment process set forth by the APA. A rule requiring a 
manufacturer to test in accordance with the ``latest version'' of an 
industry test standard would be delegating DOE's rulemaking authority 
to that entity, which DOE does not have the authority to do. In 
addition, all incorporations by reference in rules must be approved by 
the Office of the Federal Register, and the regulations of that Office 
limit incorporation to the edition of a document that is approved by 
the Director of the Federal Register (10 CFR 51.1(f)). DOE, therefore, 
is adopting a specific version of the industry test standard. Future 
amendments to the industry test standard would have to be considered by 
DOE in a separate rulemaking. This is the approach DOE has consistently 
taken when it has incorporated industry or consensus test procedures by 
reference into its regulations. See 10 CFR 430.22(a)(1).
    3. Pedestrian Modules. As detailed by the July 2006 proposed rule, 
EPCA provides that the test procedures for both traffic signal and 
pedestrian modules must be based on the ENERGY STAR specification for 
traffic signal modules, (i.e., 6.4.2 of VTCSH Part 2). 71 FR 42186. DOE 
stated in the proposed rule that VTCSH Part 2 does not mention or, by 
its terms, apply to pedestrian modules. However, DOE determined upon 
careful consideration and review of VTCSH Part 2 that its test 
procedures for determining maximum and nominal wattages of traffic 
signal modules are equally applicable to testing pedestrian modules. 
DOE sought stakeholder comment on whether there were any technical 
reasons for developing testing requirements for maximum and nominal 
wattage for pedestrian modules that differ from the requirements for 
traffic signal modules. Id.
    ITE commented at the public meeting that pedestrian modules are 
fundamentally different than traffic signal modules. ITE also mentioned 
that it is about to update the specification for pedestrian LED modules 
and will have specific test criteria in the specification that are 
pertinent to pedestrian modules. (Public Meeting Transcript, No. 18.8 
at pp. 126-127. ITE submitted written comments urging DOE to use the 
most current ITE specification because manufacturers and public 
agencies will be confused if DOE prescribes an outdated version of the 
specification. (ITE, No. 18, p. 3)
    DOE has considered all of the comments received and continues to 
believe that the test procedures in VTCSH 2005 provide a sound means of 
testing pedestrian modules as described in the July 2006 proposed rule. 
71 FR 42186-87. ITE did not provide any additional data that would lead 
DOE to alter this conclusion. Further, as stated above, EPCA requires 
DOE to adopt a test procedure for pedestrian modules that is ``based 
on'' the ENERGY STAR program's test method for traffic signal modules.
    DOE has not had a chance to review ITE's new test procedure for 
pedestrian modules and is unable to determine if this test procedure is 
``based on'' the ``ENERGY STAR Program Requirements for Traffic 
Signals,'' Version 1.1. When appropriate, DOE prefers to adopt the most 
up-to-date industry test procedure that is available, but as previously 
stated, the updated test procedure referenced by ITE has not been 
published and DOE would be reluctant to adopt a draft that is still 
under consideration by industry. Furthermore, DOE is unwilling to delay 
action on adoption of a test procedure, to await ITE's adoption of a 
new test procedure specification for pedestrian modules, because 
Federal standards for pedestrian modules are already in place under 
EPCA (42 U.S.C. 6295(z)) and DOE needs to put a test procedure in place 
so that manufacturers have a uniform means of testing this equipment. 
For these reasons, DOE is adopting ``ENERGY STAR Program

[[Page 71355]]

Requirements for Traffic Signals,'' version 1.1, and VTCSH 2005, for 
both traffic signal modules and pedestrian modules.

K. Refrigerated Bottled or Canned Beverage Vending Machines

    Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA by 
adding, in part, new subsection 325(v)(2) (42 U.S.C. 6295(v)(2)), which 
directs the Secretary to prescribe, by rule, energy conservation 
standards for refrigerated bottled or canned beverage vending machines. 
Further, section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA 
by adding, in part, new subsection 323(b)(15) (42 U.S.C. 6293(b)(15)), 
which states that test procedures for this equipment ``shall be based 
on ANSI/ASHRAE Standard 32.1-2004, entitled ``Methods of Testing for 
Rating Vending Machines for Bottled, Canned or Other Sealed 
Beverages.'' Also, pursuant to section 135(b)(2) of EPACT 2005, new 
subsection 323(f) of EPCA, 42 U.S.C. 6293(f)(1), directs the Secretary 
to prescribe testing requirements for refrigerated bottled or canned 
beverage vending machines no later than two years after the enactment 
of EPACT 2005, that is, August 8, 2007. (42 U.S.C. 6293(f)(1)) This 
section also directs DOE to base such testing requirements on existing 
industry test procedures to the maximum extent practicable. (42 U.S.C. 
6292(f)(2))
    Pursuant to section 325(v)(2) of EPCA (42 U.S.C. 6295(v)(2)), DOE 
initiated the energy conservation standards rulemaking for refrigerated 
bottled or canned beverage vending machines on June 28, 2006, by 
publishing a Federal Register notice announcing the availability of the 
Framework Document, ``Energy Conservation Standards for Refrigerated 
Bottled or Canned Beverage Vending Machines.'' 71 FR 36715. The 
Framework Document describes the procedural and analytical approaches 
DOE anticipates using, and encourages and facilitates stakeholder input 
during the rulemaking.
    DOE examined ANSI/ASHRAE Standard 32.1-2004 and concluded that it 
provides sound methods for testing the energy efficiency of a 
refrigerated bottled or canned beverage vending machine, and that it 
complies with the requirements of section 323(b)(3) of EPCA. (42 U.S.C. 
6293(b)(3)) As further explained in the July 2006 proposed rule, DOE 
understands that the method has been widely used in the industry, which 
indicates that it is not unduly burdensome to conduct. 71 FR 42187. 
Therefore, DOE proposed to incorporate this test procedure by reference 
into 10 CFR Part 431 for the measurement of energy consumption and 
determination of capacity of this equipment. Id.
    In the July 2006 proposed rule, DOE also proposed that dual-voltage 
refrigerated bottled or canned beverage vending machines be tested at 
the lower nameplate voltage, to characterize the energy consumption. 71 
FR 42187; 42214. Testing at the lower voltage is consistent with ASHRAE 
Standard 32.1-2004. DOE's understanding is that test results for a 
given piece of dual-voltage equipment would not be affected by the 
voltage during testing.
    1. ANSI/AHAM HRF-1-2004 Refrigerated Volume Calculation. ANSI/
ASHRAE Standard 32.1-2004 includes a method for determining the 
capacity of vending machines, referred to in ANSI/ASHRAE Standard 32.1-
2004 as ``vendible capacity.'' Vendible capacity consists essentially 
of the maximum number of units of product a vending machine can hold 
for sale. DOE updated the proposed test procedures for refrigerated 
bottled or canned beverage vending machines on October 3, 2006 by 
publishing a Supplemental Notice of Proposed Rulemaking (SNOPR), 71 FR 
58308, and discussing the proposals at the September 26, 2006 public 
meeting. (Public Meeting Transcript, No. 18.8 at pp. 175-176) DOE 
proposed to add to its test procedure an additional, alternative means 
for measuring the capacity of refrigerated bottled or canned beverage 
vending machines, namely the method to measure ``refrigerated volume'' 
that is set forth in ANSI/AHAM HRF-1-2004, ``Energy, Performance and 
Capacity of Household Refrigerators, Refrigerator-Freezers and 
Freezers.''
    DOE stated that refrigerated volume may be a better alternative to 
vendible capacity because, among machines that are designed and 
intended for vending 12-ounce cans, there are a variety of dispensing 
mechanisms and storage arrangements that lead to potentially different 
refrigerated volumes for different machines with the same vendible 
capacity. In addition, EPCA has historically used upper limits on 
energy consumption as a function of volume for the purposes of 
establishing energy conservation standards for refrigeration equipment. 
71 FR 58310.
    Royal Vendors commented that it agrees with DOE's proposal to use 
ASHRAE Standard 32.1-2004 as the test procedure for refrigerated 
bottled or canned beverage vending machines. (Public Meeting 
Transcript, No. 18.8 at p. 49) Royal Vendors further commented in 
support of using refrigerated volume for measuring the capacity of 
refrigerated bottled or canned beverage vending machines. (Public 
Meeting Transcript, No. 18.8 at p. 50) There were no negative comments 
regarding either DOE's proposal to adopt ASHRAE Standard 32.1-2004 or 
to add refrigerated volume to its test procedure as an additional 
metric for measuring capacity.
    DOE is adopting the updated test procedure, ANSI/ASHRAE Standard 
32.1-2004, for measuring equipment energy consumption and for 
determining the ``vendible capacity'' of refrigerated bottled or canned 
beverage vending machines, as well as the method in ANSI/AHAM HRF-1-
2004 for measuring the ``refrigerated volume'' of such machines. As to 
the latter, DOE is incorporating by reference in section 431.294 of 
Subpart Q to 10 CFR Part 431, section 5.2 of ANSI/AHAM HRF-1-2004, 
excluding subsections 5.2.2.2 through 5.2.2.4, which are not relevant 
to measuring refrigerated volume for refrigerated bottled or canned 
beverage vending machines.
    In the SNOPR, DOE recognized that sections 4.2 and 5.2 of ANSI/AHAM 
HRF-1-2004 address the measurement of refrigerated volume in household 
refrigerators and freezers, respectively, and do not directly address 
refrigerated bottled or canned beverage vending machines for which no 
commercial standards exist. Nevertheless, DOE has determined that the 
methodology described in section 5.2 includes methods for the 
measurement of refrigerated volumes that are applicable to refrigerated 
bottled or canned beverage vending machines, namely the gross interior 
volume contained within the refrigerated space. Although EPCA defines 
such equipment as a type of commercial refrigerator, the language in 
section 5.2 for household freezers is more appropriate than the 
language in section 4.2 for household refrigerators. The methodology in 
section 5.2 is more relevant to the type of compartment(s) being 
measured in a refrigerated bottled or canned beverage vending machine. 
For example, section 5.2 includes the measurement of special features 
of a freezer such as can or package racks and dividers or dispensers, 
which are also found in refrigerated bottled or canned beverage vending 
machines.
    2. Voltage. No comments were received regarding DOE's proposal to 
test dual-voltage equipment at the lower voltage. DOE is adopting ANSI/
ASHRAE Standard 32.1-2004 with a modification in Section 6.2, ``Voltage 
and Frequency,'' to test equipment with dual nameplate voltages at the 
lower of the two voltages only, as proposed into Sec.  431.294 of 10 
CFR Part 431. 71 FR 42214.

[[Page 71356]]

L. Commercial Package Air-Conditioning and Heating Equipment

    Section 136(f)(1)(A) of EPACT 2005 amends section 343(a)(4)(A) and 
(B) of EPCA (42 U.S.C. 6314(a)(4)(A) and (B)) to require test 
procedures for air-cooled package air-conditioning and heating 
equipment rated at or above 240,000 and below 760,000 British thermal 
units per hour (Btu/h) cooling capacity (defined as ``very large'' 
equipment under section 136(a)(3) of EPACT 2005, 42 U.S.C. 6311(8)(D)). 
This provision provides that the test procedure for such equipment 
shall be the ``generally accepted industry testing procedures or rating 
procedures developed or recognized by the Air-Conditioning and 
Refrigeration Institute or by the American Society of Heating, 
Refrigerating and Air-Conditioning Engineers, as referenced in ASHRAE/
IES Standard 90.1 and in effect on June 30, 1992.'' (42 U.S.C. 
6314(a)(4)(A)) The provisions also provides that DOE must adopt any 
amendment to such test procedure, unless it determines that the amended 
test procedure would fail to meet EPCA's general requirements for test 
procedures for commercial equipment. (42 U.S.C. 6314(a)(4)(B))
    As explained in the July 2006 proposed rule, the test procedures in 
effect on June 30, 1992, for very large commercial package air-
conditioning and heating equipment were ARI Standard 340-1986, 
``Commercial and Industrial Unitary Heat Pump Equipment,'' and ARI 
Standard 360-1986, ``Commercial and Industrial Unitary Air-Conditioning 
Equipment.'' 71 FR 42187. In 2000, ARI replaced these standards with 
ARI Standard 340/360-2000, ``Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment,'' but this new version did not 
alter the efficiency test methods or the calculation procedures that 
were in ARI Standards 340 and 360 as in effect on June 30, 1992, nor 
the measured efficiencies for the equipment being tested. Id. 
Subsequently, in an October 21, 2004, direct final rule, ``Test 
Procedures and Efficiency Standards for Commercial Air Conditioners and 
Heat Pumps,'' DOE adopted test procedures for small commercial package 
air-conditioning and heating equipment (cooling capacities less than 
135,000 Btu/h), and for large commercial package air-conditioning and 
heating equipment (cooling capacities at or above 135,000 Btu/h and 
less than 240,000 Btu/h) into section 431.96 of 10 CFR Part 431. 69 FR 
61962. Under that rule, DOE adopted ARI Standard 340/360-2000, the most 
recent ARI test procedure at the time, for commercial package air-
conditioning and heating equipment with cooling capacities at or above 
135,000 Btu/h and less than 240,000 Btu/h. 69 FR 61971; 10 CFR 431.96. 
For equipment with cooling capacities at or above 65,000 Btu/h and less 
than 135,000 Btu/h, other than water-source equipment, DOE adopted ARI 
Standard 340/360-2000 with four modifications (taken from ARI Standard 
210/240-2003) as the applicable test procedure. 69 FR 61971-72; 10 CFR 
431.96. These four modifications as shown in Table 2 of section 431.96 
of 10 CFR Part 431, were necessary to ensure the proper testing of 
certain types, or configurations, of equipment. 69 FR 61965-66.
    ARI has since published ARI Standard 340/360-2004, which revised 
ARI Standard 340/360-2000, by adding the four modifications DOE had 
adopted in the October 2004 direct final rule for equipment with 
cooling capacities at or above 65,000 Btu/h and less than 135,000 Btu/
h. As DOE pointed out in the July 2006 proposed rule, ARI Standard 340/
360-2004, ``Performance Rating of Commercial and Industrial Unitary 
Air-Conditioning and Heat Pump Equipment,'' is now the most current 
industry test procedure for all types of this equipment, including very 
large commercial package air-conditioning and heating equipment. 71 FR 
42187-88.
    In response to the publication of the July 2006 proposed rule, ARI 
commented in support of DOE's proposal to adopt ARI Standard 340/360-
2004, for commercial package unitary air conditioners and heat pumps of 
all three size categories. (Public Meeting Transcript, No. 18.8 at p. 
52)
    For the reasons stated in the July 2006 proposed rule, 71 FR 42188, 
in accordance with 42 U.S.C. 6314(a)(4)(B), DOE is incorporating ARI 
Standard 340/360-2004 by reference into 10 CFR Part 431 as the test 
procedure for very large air-cooled commercial package air-conditioning 
and heating equipment. In addition, DOE is also replacing the 
references to ARI Standard 340/360-2000, as well as the modifications 
to the standard, with references to ARI Standard 340/360-2004 in the 
test procedures in Sec.  431.96 of 10 CFR Part 431 for all small and 
large commercial package air-conditioning and heating equipment 
(cooling capacities equal to, and greater than, 65,000 Btu/h, but less 
than 240,000 Btu/h), except for water-source heat pumps with cooling 
capacities of less than 135,000 Btu/h. For the latter, the applicable 
test procedure is ISO Standard 13256-1 1998. As indicated above, ARI 
Standard 340/360-2004 changes the previous version of ARI Standard 340/
360 only by incorporating the four provisions in Table 2 of Sec.  
431.96 of 10 CFR Part 431, which were already a part of DOE's current 
test procedures. Thus, incorporation of ARI Standard 340/360-2004 will 
not alter DOE's test procedure for small and large equipment as 
explained in the July 2006 proposed rule. 71 FR 42187.

M. Commercial Refrigerators, Freezers, Refrigerator-Freezers, and Ice-
Cream Freezers

    1. Use of ARI Standard 1200-2006 Test Procedure for Equipment for 
Which EPCA Prescribes Standards. Section 136(f)(1)(B) of EPACT 2005 
amends section 343 of EPCA by adding subsection (a)(6)(A)(i), (42 
U.S.C. 6314(a)(6)(A)(i)), which prescribes test procedures for 
commercial refrigerators, freezers, and refrigerator-freezers, 
generally. New subsection 343(a)(6)(A)(ii) requires that ASHRAE 
Standard 117, as in effect on January 1, 2005, shall be the initial 
test procedure for the types of equipment to which standards are 
applicable under section 342(c)(2)-(3) of EPCA, (Section 136(c) of 
EPACT 2005: 42 U.S.C. 6313(c)(2)-(3)) including: (1) Commercial 
refrigerators, freezers, and refrigerator-freezers with a self-
contained condensing unit and designed for holding temperature 
applications; and (2) commercial refrigerators with a self-contained 
condensing unit, designed for pull-down temperature applications, and 
with transparent doors. (42 U.S.C. 6314(a)(6)(A)(ii)) Also new 
subsection 343(a)(6)(E) provides that, if ASHRAE Standard 117 is 
amended, the Secretary must address whether to amend the test 
procedures for this equipment. (42 U.S.C. 6314(a)(6)(E)) ASHRAE 
Standard 117-2002, ``Method of Testing Closed Refrigerators,'' was in 
effect on January 1, 2005.
    ASHRAE Standard 117-2002 was the initial test procedure mandated by 
subsection 343(a)(6)(A)(ii) of EPCA, (42 U.S.C. 6314(a)(6)(A)(ii)), 
that is, it was the standard in effect on January 1, 2005. 
Subsequently, ASHRAE amended this test procedure and adopted ASHRAE 
Standard 72-2005, ``Method of Testing Commercial Refrigerators and 
Freezers,'' which was approved by ANSI on July 29, 2005. Consistent 
with the statutory mandate, DOE reviewed ASHRAE Standard 72-2005 in the 
July 2006 proposed rule, pursuant to subsection 343(a)(6)(E), (42 
U.S.C. 6314(a)(6)(E)). ASHRAE Standard 72-2005 clarifies or modifies 
certain door opening requirements, definitions, and the reporting of 
results, as well as provides improved precision by

[[Page 71357]]

delineating the exact specifications for testing conditions. 71 FR 
42188. Based on the review, DOE determined in the July 2006 proposed 
rule that no basis exists for concluding that the latest ASHRAE 
Standard 72-2005 fails to meet the general requirements for test 
procedures in 42 U.S.C. 6314(a)(2) and (3). Id.
    During the September 26, 2006, public meeting, ARI (Public Meeting 
Transcript, No. 18.8 at p. 39) and Hill Phoenix (Public Meeting 
Transcript, No. 18.8 at p. 42) stated that EPACT 2005 includes language 
that directs DOE to review rating procedures approved by ANSI, that ARI 
Standard 1200-2006 was approved by ANSI as of August 28, 2006 (Section 
136(c) of EPACT 2005: 42 U.S.C. 6314(a)(6)(A)(i)(II)), and that ARI 
Standard 1200-2006 includes the test procedures in ASHRAE Standard 72-
2005 as well as the rating temperatures prescribed in the EPACT 2005 
amendments to EPCA. (Public Meeting Transcript, No. 18.8 at p. 39) ARI 
and Hill Phoenix urged DOE to consider adoption of ARI 1200-2006 in 
lieu of ASHRAE Standard 72-2005. Id.
    DOE has reviewed ARI Standard 1200-2006 and has found that it 
specifically references ASHRAE Standard 72-2005 as the method of 
testing commercial refrigeration equipment and would therefore give 
identical test results for the measurement of energy consumption. As 
stated above, DOE determined that ASHRAE Standard 72-2005 meets EPCA 
requirements for the DOE test procedure for the equipment covered by 
the standards under section 342(c)(2)-(3) of EPCA. Thus, ARI Standard 
1200-2006 also meets these requirements. Additionally, ARI Standard 
1200-2006 is ANSI approved and includes the applicable rating 
temperatures for this equipment prescribed under subsection 
343(a)(6)(B) of EPCA (42 U.S.C. 6314(a)(6)(B)). DOE is therefore 
adopting in this final rule ARI Standard 1200-2006 as the test 
procedure for equipment to which standards are applicable under section 
342(c)(2)-(3) of EPCA.
    2. Use of ARI Standard 1200-2006 Test Procedure for Which EPACT 
2005 Directs DOE To Develop Test Procedures. New section 343(a)(6)(C) 
of EPCA (Section 136(f)(1)(B) of EPACT 2005, 42 U.S.C. 6314(a)(6)(C)), 
in effect, directs DOE to develop test procedures for ``products for 
which standards will be established under section 342(c)(4),'' i.e., 
(1) ice-cream freezers; (2) commercial refrigerators, freezers, and 
refrigerator-freezers with a self-contained condensing unit without 
doors; and (3) commercial refrigerators, freezers, and refrigerator-
freezers with a remote condensing unit. ARI recently developed methods 
for testing such commercial refrigeration equipment in ARI Standard 
1200-2006, ``Performance Rating of Commercial Refrigerated Display 
Merchandisers and Storage Cabinets.'' DOE reviewed ARI Standard 1200-
2006 in the July 2006 proposed rule and found that it includes product 
temperature rating specifications that require maintaining test package 
temperatures during the tests, which is important for a valid 
comparative evaluation of energy consumption among products. These 
rating temperature provisions provide a basis for accurate efficiency 
determinations, as required under EPCA. (Section 136(f)(1)(B) of EPACT 
2005; 42 U.S.C. 6314(a)(6)(C)). 71 FR 42188.
    In addition, ARI Standard 1200-2006 requires performance tests to 
be conducted according to the ASHRAE Standard 72 test method, which DOE 
believes, as mentioned above, to be a sound method that will produce 
results that accurately reflect the efficiency of the products tested. 
DOE also stated in the July 2006 proposed rule that it understands that 
the method has been widely used in the industry, thus indicating that 
it is not unduly burdensome to conduct. 71 FR 42188. Finally, DOE 
reviewed the calculation methods as well as the definitions of terms 
used in the test procedure, and determined that they help to produce 
accurate results as to the efficiency of the products being tested.
    DOE proposed in the July 2006 proposed rule to incorporate ARI 
Standard 1200-2006 by reference into Sec.  431.64 of 10 CFR Part 431 
for ice-cream freezers; commercial refrigerators, freezers, and 
refrigerator-freezers with a self-contained condensing unit and without 
doors; and for commercial refrigerators, freezers, and refrigerator-
freezers with a remote condensing unit. 71 FR 42188.
    ARI commented that it supports DOE's proposal to adopt ARI Standard 
1200-2006 as the Federal test procedure for ice-cream freezers; 
commercial refrigerators, freezers, and refrigerator-freezers with a 
self-contained condensing unit without doors; and commercial 
refrigerators, freezers, and refrigerator-freezers with a remote 
condensing unit. (ARI, No. 63 at p. 2) No other comments were received 
regarding this proposal. DOE is adopting ARI Standard 1200-2006 in 
today's final rule into Sec.  431.64 of 10 CFR Part 431.
    3. Ice-Cream Freezer Rating Temperature. As mentioned above, new 
section 343(a)(6) of EPCA (Section 136(f)(1)(B) of EPACT 2005, 42 
U.S.C. 6314(a)(6)), in effect directs DOE to develop test procedures 
for ice-cream freezers. DOE proposed to incorporate ARI Standard 1200-
2006 by reference into 10 CFR Part 431 for ice-cream freezers in the 
July 2006 proposed rule. 71 FR 42188, 42209.
    ARI commented that it generally supports DOE's proposal to adopt 
ARI Standard 1200-2006 as the federal test procedure for ice-cream 
freezers. (ARI, No. 63 at p. 2) ARI Standard 1200-2006 specifies a 
rating temperature for ice-cream freezers of -5 [deg]F. ARI and Hill 
Phoenix stated that they believe a -15 [deg]F rating temperature is 
more appropriate for ice-cream freezers than -5 [deg]F because there is 
not much difference between rating freezers at the -5 [deg]F ice-cream 
freezer rating temperature and 0 [deg]F freezer rating temperature (the 
rating temperature used for conventional, general application 
freezers), and that the bulk of the equipment that is specifically used 
for the dispensing and display of ice-cream operates at -15 [deg]F. 
(Public Meeting Transcript, No. 18.8 at pp. 40, 42) ARI believes that 
the -15 [deg]F rating temperature would be a much better representation 
of ice-cream freezer operation than the 0 [deg]F rating temperature. 
Id. Zero Zone stated that a survey of the industry found that freezers 
specifically designed for ice-cream products utilized components and 
are designed for an integrated average product temperature of -15 
[deg]F. (Zero Zone, No. 81 at p. 1) ACEEE, on the other hand, endorsed 
the -5 [deg]F ice-cream freezer rating temperature because that is the 
temperature the ENERGY STAR criteria are based on. (ACEEE, No. 59 at p. 
1)
    While DOE recognizes that ENERGY STAR criteria and claims are based 
on testing at -5 [deg]F, the ENERGY STAR program is specific to self-
contained commercial freezers with solid doors. ENERGY STAR does not 
include most ice-cream freezers, while DOE's coverage of ice-cream 
freezers is much broader. In light of the new information presented 
above, DOE now believes testing at -5 [deg]F would lead to results that 
are not representative of the true energy consumption of freezers 
specifically designed for ice-cream products. In consideration of the 
above, DOE has determined that a rating temperature of -15 [deg]F is 
more appropriate for ice-cream freezers and is therefore adopting in 
this final rule -15.0 [deg]F (2 [deg]F) as the rating 
temperature for ice-cream freezers, as a modification to the referenced 
ARI Standard 1200-2006.
    Since ice-cream freezers generally operate at -15.0 [deg]F, DOE 
believes

[[Page 71358]]

adoption of this rating temperature is warranted by the requirement 
that DOE test procedures ``shall be reasonably designed to produce test 
results which reflect [the] energy efficiency'' of the equipment being 
tested (42 U.S.C. 6314(a)(2)). This is essentially the same reasoning 
that supported the NOPR proposal of a rating temperature of -5.0 
[deg]F. Id.
    4. ANSI/AHAM Standard HRF-1. EPCA defines refrigeration equipment 
compartment volumes, for purposes of standards for all covered 
commercial refrigerators, freezers, and refrigerator-freezers, in terms 
of ANSI/AHAM Standard HRF-1-1979, ``Association of Home Appliance 
Manufacturers Standard for Household Refrigerators, Combination 
Refrigerator-Freezers, and Household Freezers'' (Section 136(c) of 
EPACT 2005; 42 U.S.C. 6313(c)(1)((A) and (B)) DOE proposed to 
incorporate ANSI/AHAM Standard HRF-1-1979 by reference into section 
431.63 of 10 CFR Part 431 in the July 2006 proposed rule. 71 FR 42208. 
DOE included in proposed Sec.  431.64(b)(3) of the July 2006 proposed 
rule the applicable rating temperatures for this equipment prescribed 
under subsection 343(a)(6)(B) of EPCA. (42 U.S.C. 6314(a)(6)(B)) In the 
October 3, 2006, SNOPR (71 FR 58308, 58311), DOE proposed to replace 
references to ANSI/AHAM HRF-1-1979, with references to ANSI/AHAM HRF-1-
2004, at 10 CFR 431.63(b)(2) of the July 2006 proposed rule for 
commercial refrigerators, freezers, and refrigerator-freezers, 71 FR 
42208, and in the existing rule for such equipment under 10 CFR 
431.66(a).
    ARI commented that it agrees with the suggestion by AHAM that the 
referenced version of the ANSI/AHAM Standard HRF-1 should be updated to 
the latest 2004 version. (Public Meeting Transcript, No. 18.8 at p. 41) 
DOE has reviewed both versions and found that the methodologies for 
measuring refrigerated compartment volumes are identical. Aside from 
purely editorial changes, the only language changes in the 2004 version 
serve to clarify the testing methodology. 71 FR 58310. The 2004 version 
is also more readily available than the 1979 version. For these 
reasons, DOE is adopting in this final rule ANSI/AHAM Standard HRF-1-
2004 for determining compartment volumes for this equipment.

N. Battery Chargers

    In the July 2006 proposed rule, to address Subsection 325(u)(1)(A) 
of EPCA (42 U.S.C. 6295(u)(1)(A)), which requires DOE to prescribe test 
procedures for battery chargers, DOE proposed to incorporate by 
reference into 10 CFR Part 430, with limited modifications, the test 
procedure presented in sections 4 and 5 of EPA's ENERGY STAR ``Test 
Methodology for Determining the Energy Performance of Battery Charging 
Systems, December 2005'' (the ENERGY STAR test method). Subsection 
325(u)(1)(B) of EPCA directs the Secretary to consider existing 
definitions and test procedures for measuring the energy consumption of 
battery chargers in standby mode and other modes. DOE stated in the 
July 2006 proposed rule that it believes its proposal fulfills the 
statutory requirements. 71 FR 42190. DOE received several comments on 
this proposal, spanning a range of issues from the scope of coverage to 
the test method itself. In today's final rule, DOE is finalizing its 
incorporation by reference of sections 4 and 5 of the ENERGY STAR test 
method, with the modifications discussed in the proposed rule. 71 FR 
42190-1.
    1. Scope of Coverage. In the July 2006 proposed rule, DOE proposed 
to adopt the statutory definition of a battery charger without 
modification. In that notice, DOE also proposed to refine the scope of 
the test procedure, so that it would have the same scope of 
applicability as the test method used by the ENERGY STAR program. 71 FR 
42206. DOE proposed that the new scope of coverage be part of section 1 
of Appendix Y to Subpart B of CFR Part 430. 71 FR 42206.
    On the issue of scope of coverage for the battery charger test 
procedure, PG&E expressed concern about the limitations being placed by 
DOE on the applicability of the test procedure so early in the process. 
(PG&E, No. 12 at p. 3, No. 18.8 at p. 149, and No. 77 at p. 4) AHAM and 
PTI indicated that they believed the scope of coverage proposed by DOE 
represented the appropriate range of products on the market, which they 
feel should be included in DOE's rulemaking for battery chargers, 
limiting the scope of coverage to the residential sector. (AHAM, No. 
18.8 at p. 157 and No. 84 at pp. 2-3; PTI No. 73 at p. 2) AHAM and PTI 
also commented that the range of wattages considered under DOE's scope 
should include battery chargers between 0 and 2 watts, so the complete 
range of power ratings would span from 0 to 300 watts. (AHAM, No. 18.8 
at pp. 156-157 and No. 84 at p. 3; PTI No. 73 at p. 2). AHAM and 
Philips commented that inductively coupled devices should be included 
in the scope of the test procedure, even though these products were 
exempt from the ENERGY STAR battery charger program. (AHAM, No. 18.8 at 
p. 156 and No. 84 at p. 3; Philips, No. 68 at p. 2) Finally, AHAM 
commented that the scope of coverage should include consumer products 
and those commercial products that are virtually identical to the 
consumer products, such as cordless rechargeable hair trimmers. (AHAM, 
No. 84 at p. 3)
    DOE's proposed scope of coverage, proposed in Appendix Y to Subpart 
B of Part 430, Uniform Test Method for Measuring the Energy Consumption 
of Battery Chargers, attempted to refine the applicability of the test 
procedure to the same subset of battery chargers covered under the 
ENERGY STAR program. After careful consideration of stakeholder 
concerns and further review of the statute, DOE decided to remove the 
scope of coverage in Appendix Y from today's final rule. DOE now 
recognizes that the test procedure itself is relatively simple and can 
apply to a broad range of battery chargers, not only those units 
included in the scope of the ENERGY STAR program. Thus, the test 
procedure will be applicable generally to battery chargers for consumer 
products (i.e., without limitation to specific wattage ranges or 
application types).
    EPCA defines ``battery charger'' as ``a device that charges 
batteries for consumer products, including battery chargers embedded in 
other consumer products.'' (42 U.S.C. 6291(32)) DOE is adopting this 
definition verbatim in today's final rule, and is modifying the scope 
of the test procedure to apply simply to battery chargers, as just 
defined.
    In parallel with this rulemaking, DOE is conducting a determination 
analysis to ascertain whether energy conservation standards are 
technologically feasible and economically justified, and would result 
in significant energy savings, for battery chargers (and external power 
supplies). In that proceeding, DOE will initially decide which products 
are within the EPCA definition of ``battery charger,'' and will address 
all such products in conducting its analysis. To the extent DOE decides 
that products considered to be external power supplies are actually 
battery chargers and should be regulated as such, DOE will include such 
products in its analysis for battery chargers. If the determination as 
to battery chargers is positive, DOE will refine its scope of coverage 
as appropriate, through its public regulatory process, so that 
standards will cover only products for which they are warranted. DOE 
will also work to ensure that any resulting energy conservation 
standards will be appropriate for the various classes of

[[Page 71359]]

battery chargers operating consumer products.
    PG&E and NRCan both submitted comments in which they appear to 
advocate that DOE adopt a single, inclusive test procedure that would 
apply to both external power supplies and battery chargers, and that 
DOE make a determination later about which products should be 
classified as an external power supply or a battery charger. (PG&E, No. 
12 at pp. 1-2 and No. 77 at p. 2; NRCan, No. 86 at p. 1) DOE 
appreciates these comments, but disagrees with this approach. First, 
the statute separately defines external power supplies and battery 
chargers. (42 U.S.C. 6291(32) and (36)) Although EPCA sets forth in a 
single section the same process and criteria for DOE to develop test 
procedures and standards for these products, 42 U.S.C. 6295(u), the 
statute provides no indication that they should be treated as a single 
product. Second, DOE believes that to do so, even as a temporary 
measure, would be technically inappropriate. DOE's preliminary 
technical analysis of battery chargers and external power supplies has 
shown that these two devices have fundamentally different designs 
because they provide completely different utility to consumers. 
Generally, battery chargers are designed to be constant current devices 
while external power supplies are designed to be constant voltage 
devices. Moreover, the same test method cannot be employed to 
accurately determine the energy use and efficiency of both products 
under normal use by consumers. Therefore, DOE proposed and is adopting 
today one test procedure for battery chargers, and a different one for 
external power supplies. DOE is not classifying battery chargers as 
external power supplies, or otherwise treating them as a single 
product, even as a temporary measure. This interpretation was supported 
by a comment from AHAM, which asserted that DOE should require that a 
battery charger, including components of a battery charging system that 
together constitute a battery charger, be tested by the test procedure 
DOE adopts for battery chargers, and not by a test procedure for 
external power supplies or some other test procedure. (AHAM, No. 84 at 
p. 2)
    DOE recognizes that in limited instances the distinction between a 
battery charger and an external power supply may not always be clear. 
For some power converting devices, such as those powering laptop 
computers or hand-held video cameras, the power converter can both 
charge a battery and operate the consumer product, even if the battery 
is completely discharged or removed. For these devices, which could 
understandably be classified either battery chargers or external power 
supplies, DOE will work cooperatively with stakeholders to develop 
clear guidelines that remove any ambiguity as to which of the two test 
procedures adopted today would apply.
    DOE is planning to hold a ``Scoping Workshop'' to receive public 
comment on the respective scope of coverage and applicability for 
battery chargers and external power supplies, which is a requirement of 
EPCA under subsection 325(u)(1)(D). (42 U.S.C 6295(u)(1)(D)) DOE's 
initial understanding of the principal difference between a battery 
charger and an external power supply concerns whether the power-
converting device is able to operate the consumer product, independent 
of the battery. In other words, if the power converter can operate a 
consumer product which has the batteries removed (or has completely 
discharged batteries installed), then that power converter is 
considered to be an external power supply. If, on the other hand, a 
consumer product is not fully operational when the battery is removed 
or is completely discharged, even when the power converter is connected 
to the device and plugged into the wall outlet, then the device is 
considered to be a battery charger. DOE will be discussing this initial 
understanding, as well as other comments and clarifications 
stakeholders have about the scope of coverage and applicability for 
battery chargers and external power supplies, in the Scoping Workshop.
    2. Modes of Test, including Active Mode. With regard to the test 
method itself, there were dissenting viewpoints as to whether DOE 
should include active mode testing in its procedure. Under the DOE 
proposal, battery chargers would only be tested during standby and 
maintenance mode. 71 FR 42190-42191. Several stakeholders commented 
that DOE should consider the measurement of active mode in its battery 
charger test procedure. (PG&E, No. 12 at p. 2, No. 18.8 at pp. 168 and 
173, and No. 77 at p. 3; NRCan, No. 18.8 at pp. 164-165, CEC No. 18.8 
at p. 165; ACEEE No. 59 at p. 3) PG&E stated that active mode is the 
second most energy consuming mode of operation for these products, and 
is therefore deserving of consideration (PG&E, No. 18.8 at pp. 150-151; 
No. 77 at p. 3) PG&E informed DOE that the California Energy Commission 
(CEC) is working to develop an active mode test procedure for battery 
chargers, and provided DOE with copies of draft versions of the test 
method and stakeholder comments on those drafts. (PG&E, No. 18.8 at p. 
166 and No. 77 at pp. 3-4) PG&E asked that DOE acknowledge the draft 
CEC test method as a viable alternative to the ENERGY STAR test 
procedure for battery chargers. (PG&E, No. 77 at p. 4)
    PG&E and ACEEE also commented that EPCA requires DOE to evaluate 
energy consumed by battery chargers considering standby mode and other 
operating modes. PG&E and ACEEE stated that they found it problematic 
that DOE's proposal only considers standby mode and maintenance mode, 
as EPCA calls for ``other modes'' and maintenance mode represents only 
one additional mode. (PG&E, No. 12 at p. 2, No. 18.8 at p. 150, No. 77 
at p. 3; ACEEE No. 59 at p. 3) Finally, PG&E commented that the 
incremental testing burden of including the measurement of power 
consumption during active mode was small, given that the existing 
ENERGY STAR test procedure DOE proposed to adopt requires charging a 
battery as the first step. (PG&E, No. 18.8 at pp. 167-168 and No. 77 at 
p. 4)
    AHAM, CEA, Wahl, Philips, and PTI commented that DOE should not 
include testing for active mode in its test procedure. (AHAM No. 18.8 
at pp. 159-161 and No. 84 at pp. 2, 4-5; CEA No. 18.8 at p. 172, Wahl, 
No. 67 at p. 1; Philips No. 68 at p. 1; PTI No. 73 at p. 3) AHAM stated 
that testing active mode is not in keeping with the overall mission of 
reducing standby energy consumption. (AHAM, No. 18.8 at p. 160) AHAM is 
concerned that active mode testing will create considerable 
complexities, stating that in order to have accurate tracking of active 
mode, a test procedure would need to bring in elements of the usage 
patterns of the products. (AHAM, No. 18.8 at p. 160 and No. 84 at pp. 2 
and 4) AHAM further commented that EPA considered active mode in its 
development of the ENERGY STAR program for battery chargers, and a 
study it completed found that the inclusion of active mode did not 
reveal additional energy savings opportunities. (AHAM, No. 18.8 at pp. 
161 and 170 and No. 84 at pp. 2 and 4) PTI also commented that it was 
involved in the development of the ENERGY STAR program for battery 
chargers, and active mode had been part of the scope of investigation. 
According to PTI, the ENERGY STAR development team came to the 
conclusion that active mode offered no benefit with respect to 
measuring that mode, so it was excluded from the final standard. (PTI, 
No. 18.8 at p. 163 and No. 73 at p. 3) Wahl and CEA commented that if 
DOE were to include active mode in its test procedure, it must 
incorporate it with variable timeframes for different types of 
products. (Wahl, No. 18.8 at p. 171,

[[Page 71360]]

CEA, No. 18.8 at p. 172) In particular, Wahl is concerned that the duty 
cycle of a rechargeable shaver is significantly different from that of 
a vacuum cleaner or cordless drill. (Wahl, No. 18.8 at p. 171)
    DOE considered all the comments concerning the inclusion of active 
mode in its test procedure, and decided to finalize its test procedure 
as proposed, based on the ENERGY STAR test procedure for battery 
chargers, which measures stand-by mode and maintenance mode.
    DOE recognizes that analytical efforts are underway to develop and 
finalize active mode test methods for battery chargers; however, the 
statutory deadline for codifying a test procedure for this product does 
not allow DOE to postpone publication. (42 U.S.C. 6295(u)) DOE 
recognizes that at least one draft battery charger test procedure 
including active mode does exist, but it is still being developed, and 
DOE has therefore not been able to review a final test method and 
determine its accuracy and repeatability for measuring active mode 
energy consumption by battery chargers. That said, DOE does recognize 
the potential importance and potential energy savings of regulating 
active mode, and therefore is reserving a section in Appendix Y to 
Subpart B of Part 430 for Active Mode measurement and incorporating the 
ENERGY STAR definition for Active Mode in that same appendix. DOE 
intends to continue to study the issue of active mode for battery 
chargers while observing the test procedure development processes in 
California, Canada and elsewhere. If DOE finds the active mode to be a 
necessary part of determining and capturing energy savings for battery 
chargers, DOE will work through its public regulatory process to 
explore development of an active mode test procedure that takes into 
consideration concerns from all stakeholders.
    3. Definitions. With respect to the test method, AHAM and PTI 
recommended that DOE include in its final rule several definitions 
contained in the ENERGY STAR requirements for battery chargers that 
would further clarify the application of DOE's test procedure for 
battery chargers. (AHAM, No. 18.8 at p. 159; PTI, No. 73 at p. 3) These 
terms include: ``active-mode,'' ``battery,'' ``multi-port chargers'' 
and ``multi-voltage a la carte chargers.'' DOE provided an explanation 
of these terms in the July 2006 proposed rule, which will be placed 
into Appendix Y of 10 CFR Part 430. 71 FR 42206. However, DOE 
recognizes that moving this material into the definitions section of 
the test procedure would clarify the test procedure methodology 
stakeholders need to follow. Thus, in today's final rule, DOE is 
including the definitions from the ENERGY STAR test method referenced 
for ``active-mode,'' ``battery,'' ``multi-port chargers'' and ``multi-
voltage a la carte chargers.'' DOE will also clarify that the ``standby 
mode'' term defined in section 2(e) of proposed Appendix Y to Subpart B 
of Part 430 is also sometimes referred to as `no-load mode'.
    Wahl, Philips, and AHAM commented concerning definitions that DOE 
did not propose, but are part of the ENERGY STAR program. These 
stakeholders are seeking adoption of the ENERGY STAR definitions for 
cord/cordless products and nameplate nominal charging input power, with 
revisions. (Wahl, No. 67 at pp. 1-2; Philips, No. 68 at p. 1; AHAM No. 
84 at p. 3) AHAM and Wahl commented that a cord/cordless product should 
be defined as a ``product or appliance that is designed to operate on 
battery power, but also is designed such that the product or appliance 
can operate with a discharged battery when connected to charger or 
mains.'' Id. Stakeholders then request a revision to the definition of 
nominal power, such that companies making cord/cordless products focus 
on the energy consumed in battery maintenance mode rather than the 
wattage rating on the nameplate. (Philips, No. 68 at p. 1) AHAM and 
Wahl proposed language to be added to the definition of Nameplate 
Nominal Charging Input Power as follows: ``or 3) for cord/cordless 
products where the nameplate power may reflect power consumed by the 
product in modes other than charging/maintaining batteries, the nominal 
charging input power shall be the highest measured power consumed 
during battery charging alone.'' (Wahl, No. 67 at p. 2; AHAM, No. 84 at 
p. 3)
    DOE appreciates these comments, but recognizes that both are 
directed to whether products could be classified as battery chargers. 
DOE will take them into consideration in the determination analysis, in 
which DOE will establish the scope of applicability for the analysis, 
and will address and clarify issues pertaining to product classes and 
nameplate wattages.
    4. Test Method. In the July 2006 proposed rule, DOE stated that 
some battery charger designs draw current in short pulses and, 
therefore, the instrumentation requirements for testing such designs 
should be capable of fully measuring the energy consumed by these 
pulses. 71 FR 42191. DOE proposed adding a requirement in section 3 of 
proposed Appendix Y to Subpart B of Part 430 that addresses the 
capability of testing equipment to account for crest factor and 
frequency spectrum in the measurement. Id.
    Finally, with respect to the test method, AHAM and PTI both 
provided comments that they agreed DOE should include provisions in the 
test procedure for evaluating pulsing and non-sinusoidal wave form 
battery chargers, as this will enhance the technical accuracy of the 
test procedure and will not cause any undue burden. (AHAM, No. 18.8 at 
p. 157 and No. 84 at p. 3; PTI, No. 73 at p. 3) Several stakeholders 
agreed with DOE that the testing need only be conducted at 115 volts at 
60 hertz input power. (AHAM, No. 18.8 at p. 157 and No. 84 at p. 3; 
PSMA No. 72 at p. 2; PTI No. 73 at p. 3) DOE appreciates these 
comments, and has incorporated in today's test procedure final rule the 
requirements for evaluating pulsing and non-sinusoidal wave form 
battery chargers into Appendix Y to Subpart B of Part 430 as proposed 
in the July 2006 proposed rule. 71 FR 42206.
    AHAM also commented that they supported DOE's proposal to use the 
48-hour testing period for the test procedure. (AHAM, No. 18.8 at p. 
158 and No. 84 at p. 3) PSMA recommended that DOE adopt an alternative 
(shorter) testing time period that takes only 7 hours to complete 
instead of 48 hours. (PSMA, No. 72 at p. 2) PSMA comments that this 
shorter time period would reduce testing time and cost. DOE recognizes 
that the ENERGY STAR test method allows manufacturers to choose either 
the 7-hour or the 48-hour approach when rating their products. However, 
DOE believes that allowing two different testing time periods for the 
same battery charger, in a test method that would be used to determine 
compliance with a mandatory standard, would pose a potential problem in 
that it would diminish the repeatability of the procedure. Furthermore, 
DOE believes the shorter testing time period (7-hour) does not allow 
ample time for the circuit to stabilize, which also diminishes the 
repeatability of the test procedure. In the July 2006 proposed rule, 
DOE proposed to adopt the longer (48-hour) testing time period, which 
is supported by AHAM. 71 FR 42190, 42206. DOE is not persuaded by 
PSMA's arguments to change the time period to 7 hours. Therefore, DOE 
is adopting this test procedure for battery chargers with the 48-hour 
testing time period.

O. External Power Supplies

    In the July 2006 proposed rule, to address Subsection 325(u)(1)(A) 
of EPCA (42 U.S.C. 6295(u)(1)(A)), DOE

[[Page 71361]]

proposed to incorporate by reference certain sections of the EPA's 
ENERGY STAR ``Test Method for Calculating the Energy Efficiency of 
Single-Voltage External AC-DC and AC-AC Power Supplies (August 11, 
2004)'' (the ENERGY STAR test method). 71 FR 42191. DOE received 
comments expressing concern over the scope of coverage and certain 
aspects of the proposed test method.
    1. Scope of Test Procedure. DOE also proposed to adopt the EPACT 
2005 definition of an external power supply without modification in the 
July 2006 proposed rule. 71 FR 42191, 42206. Additionally, DOE proposed 
to make the scope of applicability for the test method consistent with 
that of the ENERGY STAR program, which was designed to address external 
power supplies used with consumer electronics. DOE stated that it 
believes that the proposed scope of coverage for the external power 
supply test method did not deviate substantively from the statutory 
definition, since it was drafted to be applicable to these devices when 
powering consumer products. DOE requested comment on the proposed scope 
of applicability for the test procedure, which was proposed to be 
incorporated into section 1 of Appendix Z to Subpart B of CFR Part 430. 
71 FR 42191.
    On the issue of scope of coverage, some stakeholders were concerned 
about some of the limitations being imposed by DOE in the test 
procedure. (PG&E, No. 12 at p. 4, No. 18.8 at p.174 and No. 77 at p. 2; 
ACEEE, No. 59 at p. 3; CEC, No. 75, at p. 1; NRCan No. 86 at p. 1) 
ACEEE commented that at the test procedure stage, DOE should cover all 
products, and stated that it would be better for DOE to decide whether 
standards are appropriate for certain products in an energy 
conservation standards rulemaking. (ACEEE, No. 59 at p. 3) CEA 
commented that they supported DOE's proposal to make the scope of 
applicability for the external power supply test method consistent with 
that of the EPA's ENERGY STAR program. (CEA, No. 79 at p. 2) CEA stated 
that it is important for DOE to clearly define the scope of products 
subject to the test procedure for external power supplies and the scope 
of products subject to the test procedure for battery chargers. (CEA, 
No. 79 at p. 2)
    The scope of coverage, contained in section 1 of proposed Appendix 
Z to Subpart B of Part 430, Uniform Test Method for Measuring the 
Energy Consumption of External Power Supplies attempted to refine the 
applicability of the test procedure to the same subset of external 
power supplies covered under the ENERGY STAR program. 71 FR 42206. 
After careful consideration of stakeholder concerns and further review 
of the statute, DOE has decided to remove the scope of coverage from 
Appendix Z in today's final rule. DOE now recognizes that the test 
procedure itself can be applied to a broad range of external power 
supplies for consumer products, which may be more expansive than those 
included in the scope of the ENERGY STAR program. Thus, the test 
procedure will be applicable generally to external power supplies for 
consumer products (i.e., without limitation to specific wattage ranges 
or application types).
    EPCA defines external power supply as ``[a] circuit that is used to 
convert household electric current into DC current or lower-voltage AC 
current to operate a consumer product.'' (42 U.S.C. 6291(36)) DOE is 
adopting this definition verbatim in today's final rule into section 
430.2 of 10 CFR Part 430, and is modifying the scope of the test 
procedure to apply simply to external power supplies, as just defined.
    In parallel with this rulemaking, DOE is conducting a determination 
analysis to ascertain whether energy conservation standards are 
technologically feasible and economically justified, and would result 
in significant energy savings, for external power supplies (and battery 
chargers). In that proceeding, DOE will initially decide which products 
are within the EPCA definition of ``external power supply,'' and will 
address all such products in conducting its analysis. To the extent DOE 
decides that products considered to be external power supplies are 
actually battery chargers and should be regulated as such, DOE will 
exclude such products from this analysis and consider them in the 
similar analysis it is conducting for battery chargers. If the 
determination as to external power supplies demonstrates compelling 
evidence that DOE should further investigate energy conservation 
standards for external power supplies, DOE will refine its scope of 
coverage as appropriate, through its public regulatory process, so that 
standards will cover only products for which they are warranted. DOE 
will also work to ensure that any resulting energy conservation 
standards would be appropriate for the various classes of external 
power supplies operating consumer products.
    PG&E's and NRCan's both submitted comments in which they appear to 
advocate that DOE adopt a single, inclusive test procedure that would 
apply to both external power supplies and battery chargers. These 
commenters also urged DOE to make a determination about which products 
should be classified as an external power supply or a battery charger 
in a separate rulemaking. (PG&E, No. 12 at pp. 1-2 and No. 77 at p. 2; 
NRCan, No. 86 at p. 1)
    As indicated above for battery chargers, DOE disagrees with this 
approach. EPCA separately defines external power supplies and battery 
chargers. (42 U.S.C. 6291(32) and (36)) DOE is adopting in today's 
final rule one test procedure for external power supplies, and a 
different test procedure for battery chargers into Appendix Y and 
Appendix Z, respectively, of Subpart B to 10 CFR Part 430. 71 FR 42206.
    The Power Sources Manufacturers Association (PSMA) requested that 
medical equipment be excluded from coverage under this rulemaking, 
which it stated would be consistent with California and New York 
regulations. (PSMA, No. 72 at p. 1) DOE notes that its mandate under 
this rulemaking is to develop test procedures for external power 
supplies for consumer products. As discussed in this section, DOE 
intends to develop an appropriate scope of coverage for this product in 
its determination analysis, and ultimately, if there is a positive 
determination, in the energy conservation standards rulemaking. DOE 
will consider whether, and to what extent, external power supplies for 
medical equipment are used ``to operate a consumer product,'' 42 U.S.C. 
6291(36), and if so, the extent to which standards are warranted for 
such external power supplies.
    As discussed in the section on battery chargers, DOE recognizes 
that in certain instances, the distinction between a battery charger 
and an external power supply may not always be clear. For these 
devices, which could understandably be classified as either a battery 
charger or external power supply, DOE will work cooperatively with 
stakeholders to develop clear guidelines so there would not be any 
ambiguity as to which of the two test procedures adopted today would 
apply. DOE's initial understanding of the principal differentiating 
characteristic of an external power supply is that it is able to 
operate the consumer product independent of the battery, whereas a 
battery charger cannot. This initial understanding will be discussed in 
a separate proceeding (i.e., the ``Scoping Workshop''). See section N 
for further detail.
    2. Power Factor. In DOE's proposed rulemaking, stakeholders were 
invited to submit comments on power factor.

[[Page 71362]]

DOE understands that power factor, defined as the ratio of actual power 
drawn in watts to apparent power drawn in volt-amperes, affects the 
efficiency of electric utility distribution systems. Power factor 
correction processes are used to adjust this ratio (i.e., the power 
factor) towards a value of 1.0. DOE stated in the July 2006 notice it 
was concerned that, from a utility distribution system perspective, the 
aggregate effect of external power supplies with low-power factors 
would increase distribution system losses. 71 FR 42191. DOE received 
two comments in response to this request, both suggesting that DOE 
should include consideration of power factor in its test procedure. 
(PG&E, No. 77 at p. 2; NRCan, No. 86 at p. 1)
    In the July 2006 proposal, DOE expressed concern and solicited 
stakeholder input on power factor as it relates to external power 
supplies for consumer products. 71 FR 42191. Part of DOE's motivation 
behind the request for comments on power factor was the European 
directive which requires power factor correction on external power 
supplies with rated capacities greater than 75 watts input power 
(``Limits for Harmonic Current Emissions (Equipment Input Current Up To 
And Including 16 A Per Phase,'' EN61000-3-2). However, while preparing 
the July 2006 proposed rule, DOE's technical review indicated that 
power factor as it related to the typical wattages of external power 
supplies for consumer products was not a significant issue. Therefore, 
DOE requested comment from stakeholders, but did not propose any rule 
language in the test method for external power supplies to explicitly 
measure power factor. While two stakeholders did mention power factor, 
they did not provide any rationale or information to support its 
consideration in the test procedure. In addition, no other stakeholders 
commented that this should be taken into account. Thus, DOE is not 
persuaded that power factor should be an issue of concern in this test 
procedure rulemaking, and DOE is not including the measurement of power 
factor in today's final rule.
    3. Test Method. Finally, DOE proposed to use only the U.S. voltage 
conditions in the test procedures specified in the July 2006 proposed 
rule. 71 FR 42191; 42207. CEA submitted a comment supporting DOE using 
only the U.S. voltage conditions in its test procedure. (CEA, No. 79 at 
p. 2) No other comments were received on this issue. Under the test 
procedure adopted today 115 volts at 60 hertz is the only input power 
for this test procedure as specified in Appendix Z of Subpart B to 10 
CFR Part 430. 71 FR 42206.
    In addition, several stakeholders provided comment in support of 
the no-load energy consumption and the active mode efficiency loading 
percentages (i.e., 25%, 50%, 75% and 100% of rated nameplate output) 
proposed by DOE in the July 2006 notice. (PSMA, No. 72 at p. 2; PG&E, 
No. 77 at p. 2; CEA No. 79 at p. 2; NRCan No. 86 at p. 1) DOE is 
adopting the no-load energy consumption measurement and the active mode 
efficiency loading percentages as proposed in the July 2006 proposed 
rule. 71 FR 42191.

P. General Comments and Final Rule

    In the July 2006 proposed rule, DOE proposed to add a definition 
for energy conservation standard as it relates to commercial equipment 
in Sec.  431.2 of 10 CFR Part 431. 71 FR 42207. DOE initially proposed 
this definition because it thought it would add clarity for 
stakeholders when referencing the test procedures covered by the 
statute. However, DOE is not adopting this definition in today's final 
rule because DOE feels it is unnecessary and confusing to have two 
separate definitions for the term ``energy conservation standard'' in 
its regulations. In addition, DOE believes the EPCA definition of 
energy conservation standard is sufficient.

IV. Corrections to the Recent Technical Amendment to DOE's Energy 
Conservation Standards

    In the July 2006 proposed rule, DOE announced it intended to 
incorporate minor revisions to the October 18, 2005, final rule in 
which it adopted a technical amendment to its energy conservation 
standards for certain consumer products and commercial and industrial 
equipment. 70 FR 60407. These revisions consist of editorial 
corrections, corrections to errors in fact, and clarifying language. 
Each of the revisions discussed in the July 2006 proposed rule is added 
to the appropriate section of the CFR by today's final rule. The 
corrections and clarifications to the October 2005 final rule are as 
follows:
    1. In section 430.2, in the definition of ``Dehumidifier,'' DOE 
changed ``and mechanically encased assembly'' to ``and mechanically 
refrigerated encased assembly.''
    2. In Sec.  430.32(u), DOE made the following changes in the table 
on standards for medium base CFLs:
    a. In the ``Requirements'' column and opposite ``Lamp Power (Watts) 
& Configuration,'' change ``Minimum Efficiency: lumen/watt'' to 
``Minimum Efficacy: lumens/watt.''
    b. In the ``Factor'' column, change ``Base Lamp'' to ``Bare Lamp.''
    c. In the ``Factor'' column, delete the reference to ``Covered Lamp 
(with reflector),'' ``Lamp Power <20,'' and ``Lamp Power >20'' because 
these products are not covered under EPACT 2005. Correspondingly, 
delete ``33.0'' and ``40.0'' from the ``Requirements'' column.
    d. In the ``Requirements'' column, opposite ``Average Rated Lamp 
Life,'' delete ``and qualification form.'' The clause reads, ``as 
declared by the manufacturer on packaging.''
    e. In footnote 1, changed ``in the base up an/or'' to ``in the base 
up and/or.''
    3. In Sec.  431.97(b), DOE made the following changes:
    a. In the text preceding Table 1 in paragraph (a), DOE added the 
words ``in the case of air-cooled equipment with a capacity greater 
than 65,000 Btu per hour,'' after the date ``January 1, 2010.''
    b. In the text preceding the table, DOE added the term ``Air-
cooled'' at the beginning, and inserted the words ``with cooling 
capacities equal to or greater than 65,000 Btu/h and less than 760,000 
Btu/h'' after the date ``January 1, 2010.'' c. In the table, DOE 
changed ``Very large commercial package air-conditioning (air-cooled)'' 
to ``Very large commercial package air-conditioning and heating 
equipment (air-cooled).''
    4. In Sec.  431.226(a) for traffic signal modules and pedestrian 
modules, DOE changed the requirements from ``a nominal wattage no 
greater than'' to ``a nominal wattage and maximum wattage no greater 
than.''

V. Procedural Requirements

A. Review Under Executive Order 12866

    The Office of Information and Regulatory Affairs (OIRA) of the 
Office of Management Budget (OMB) has determined that today's 
regulatory action is not a ``significant regulatory action'' under 
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and 
Review.'' 58 FR 51735 (October 4, 1993). Accordingly, today's action 
was not subject to review by 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 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

[[Page 71363]]

number of small entities. A regulatory flexibility analysis examines 
the impact of the rule on small entities and considers alternative ways 
of reducing negative impacts. Also, 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 rulemaking process. 
68 FR 7990. DOE has made its procedures and policies available on the 
Office of General Counsel's Web site: http://www.gc.doe.gov.
    EPACT 2005 amended EPCA to incorporate into DOE's energy 
conservation program certain consumer products and commercial and 
industrial equipment, including the products for which DOE is proposing 
test procedures in this notice. On October 18, 2005, DOE published in 
the Federal Register a technical amendment to place in the CFR the 
energy conservation standards, and related definitions, that Congress 
prescribed in EPACT 2005. 70 FR 60407. Today, DOE is publishing further 
technical amendments to certain energy conservation standards for 
consumer products and commercial and industrial equipment published in 
the Federal Register on October 18, 2005. DOE is revising the CFR to 
incorporate, essentially without substantive change, the energy 
conservation test procedures that Congress prescribed or otherwise 
identified in EPACT 2005 for certain consumer products and commercial 
and industrial equipment. DOE is also adopting test procedures for 
consumer products and commercial and industrial equipment for which 
EPACT did not identify specific test procedures.
    DOE reviewed today's final rule under the provisions of the 
Regulatory Flexibility Act and the policies and procedures published on 
February 19, 2003. DOE conducted its examination for the products and 
equipment covered under EPACT 2005 in several groups: equipment for 
which EPACT 2005 amended EPCA to direct DOE to adopt test procedures 
the statute identifies; products or equipment for which the EPACT 2005 
amendments to EPCA do not specifically identify any test procedure; and 
products or equipment for which the EPACT 2005 amendments mandate that 
DOE base its test procedures on test procedures the statute identifies.
    EPACT 2005 establishes specific test procedures for automatic 
commercial ice makers; for commercial refrigerators, freezers, and 
refrigerator-freezers for which the statute prescribes standards; and 
for very large commercial package air-conditioning and heating 
equipment (240,000 Btu/h through 760,000 Btu/h). Since EPCA now 
mandates the test procedures, they are incorporated into today's 
proposed rule. Any costs of complying with them are imposed by EPCA and 
not the rule. For this equipment, DOE is merely incorporating by 
reference into 10 CFR Part 431 the required test procedures as the 
statute directs. Therefore, DOE concludes that this rule would not 
impose a significant impact on a substantial number of small businesses 
producing automatic commercial ice makers; commercial refrigerators, 
freezers, and refrigerator-freezers for which the statute prescribes 
standards; or very large commercial package air-conditioning and 
heating equipment (240,000 Btu/h through 760,000 Btu/h).
    EPACT 2005 does not prescribe test procedures for all products and 
equipment it addresses. For example, EPACT 2005 establishes energy 
conservation design requirements for commercial unit heaters, 
torchieres, ceiling fan light kits with sockets other than medium screw 
base and pin-based, and ceiling fans.
    For the remaining products and equipment that EPACT 2005 covers and 
today's final rule addresses, the test procedures are based on test 
procedures developed and already in general use by industry. Many 
manufacturers have been redesigning the products and equipment covered 
under today's final rule, and testing them for compliance with existing 
voluntary performance standards such as the ENERGY STAR program 
requirements, using industry-developed test procedures that are the 
basis for the test procedures in EPACT 2005. These products and 
equipment include dehumidifiers, commercial prerinse spray valves, 
illuminated exit signs, ceiling fan light kits with medium screw base 
and pin-based sockets, medium-base CFLs, traffic signal modules, and 
pedestrian modules. To the extent manufacturers already test their 
products for efficiency using the test procedures identified in EPACT 
2005, and incorporated into today's final rule, to assure that the 
products meet existing energy conservation requirements, manufacturers 
would experience no additional burdens if DOE adopts these test 
procedures and requires manufacturers to use them. Furthermore, as to 
the test procedures adopted today that EPACT 2005 directs DOE to adopt, 
and arguably for the proposed test procedures that EPACT 2005 
specifically identifies and states shall be the basis for the DOE test 
procedure, any cost of complying with the proposed rule arises from the 
underlying statutory requirement and not the rule itself. Moreover, for 
the products and equipment for which EPACT 2005 prescribes energy 
efficiency standards, implicit in such requirements is that 
manufacturers must test their products to assure compliance with the 
standards. For all of these reasons, DOE believes today's final rule 
would not impose significant economic costs on manufacturers, including 
small manufacturers, of these products.
    Certain products and equipment--ceiling fans, battery chargers, 
external power supplies, and refrigerated bottled and canned beverage 
vending machines--are the subject of voluntary standards and/or test 
procedures but are not yet covered by DOE energy conservation 
standards. DOE's adoption of test procedures for these products would 
entail even less burden for their manufactures than described in the 
previous paragraph, because these manufacturers would not be required 
to perform testing to establish compliance with standards. Thus, DOE 
believes today's final rule clearly would not impose significant 
economic costs on small manufacturers of these products.
    For all of these reasons, DOE certifies that today's final rule 
would not have a significant economic impact on a substantial number of 
small entities. Accordingly, DOE has not prepared a regulatory 
flexibility analysis for this rulemaking. DOE will transmit this 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
pursuant to 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This final rule will impose no new information or recordkeeping 
requirements since it does not include the manufacturer certification 
and reporting requirements included in the July 2006 proposed rule. As 
indicated in the July 2006 proposed rule, the manufacturer 
certification and reporting requirements contain certain record-keeping 
requirements. However, those recordkeeping requirements and associated 
burdens from manufacturer certification and reporting are being 
considered in a separate rulemaking.
    Under the Paperwork Reduction Act, an agency may not conduct or 
sponsor a collection of information unless the collection displays a 
currently valid OMB control number. (44 U.S.C. 3506(c)(1)(B)(iii)(V)) 
The certification and record keeping requirements for consumer products 
in 10 CFR Part 430

[[Page 71364]]

have previously been assigned OMB control number 1910-1400. The 
certification and record keeping requirements for commercial and 
industrial equipment in 10 CFR Part 431 must be approved and assigned a 
control number by OMB. DOE has submitted those proposed certification 
and recordkeeping requirements to OMB for review and approval under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    In the July 2006 proposed rule, DOE provided burden estimates for 
each of the products covered by the proposed rule and invited 
interested parties to submit comments concerning the estimated 
paperwork reporting burden to DOE and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. DOE will address 
all of the comments in the final rule adopting manufacturer 
certification and reporting requirements.

D. Review Under the National Environmental Policy Act of 1969

    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 
implementation of these regulations at 10 CFR part 1021. Specifically, 
this rule is establishing test procedures that will not affect the 
quality or distribution of energy and that will not result in any 
environmental impacts and, therefore, is covered by the Categorical 
Exclusion in paragraph A6 to subpart D, 10 CFR part 1021. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in developing 
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 developing 
such regulations. 65 FR 13735. DOE examined this final rule and 
determined that it does 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. Executive Order 13132 requires no further 
action.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the 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 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) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. For regulatory actions likely to result in a rule that 
may cause expenditures 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) and (b). The UMRA 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.'' The UMRA also requires an agency plan for 
giving notice and opportunity for timely input to small governments 
that may be affected before establishing a requirement that might 
significantly or uniquely affect them. On March 18, 1997, DOE published 
a statement of policy on its process for intergovernmental consultation 
under UMRA (62 FR 12820) (also available at http://www.gc.doe.gov). 
Today's 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 under the UMRA 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. 
Today's final rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is unnecessary 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 rule would not result 
in any takings that might require compensation under the Fifth 
Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. The OMB's guidelines were published at 67 FR 8452 (February 22, 
2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 
2002). DOE has reviewed today's final rule under the OMB and DOE 
guidelines and has

[[Page 71365]]

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 the 
OIRA of OMB a Statement of Energy Effects for any proposed significant 
energy action. A ``significant energy action'' is defined as any action 
by an agency that promulgated a final rule or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy; or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and reasonable alternatives to the action and 
their expected benefits on energy supply, distribution, and use. 
Because this final rule would not have a significant adverse effect on 
the supply, distribution, or use of energy, the rule is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration (FEA) 
Act of 1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91), 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. DOE indicated 
in the July 2006 proposed rule that Section 32 applies to the portion 
of the proposed rule that incorporates testing methods in six 
commercial standards not specifically specified in EPACT 2005, 
requiring consultation with the Attorney General and the Chairman of 
the Federal Trade Commission (FTC) concerning the impact of the 
commercial or industry standards on competition. 71 FR 42178, 42200 
(July 25, 2006). Based on the comments, DOE is no longer incorporating 
by reference two of the six commercial standards, IEEE Standard 1515-
2000, ``IEEE Recommended Practice for Electronic Power Subsystems; 
Parameter Definitions, Test Conditions, and Test Methods,'' for battery 
chargers and external power supplies and IESNA Standard LM 45-2000, 
``Approved Method for Electrical and Photometric Measurements of 
General Service Incandescent Filament Lamps,'' in the final rule. In 
addition, DOE has determined that the two ENERGY STAR test methods 
identified in the July 2006, proposed rule, ``ENERGY STAR Test 
Methodology for Determining the Performance Characteristics of Battery 
Charging Systems,'' December 2005, and ``ENERGY STAR Test Method for 
Calculating the Energy Efficiency of Single-Voltage External Ac-Dc and 
Ac-Ac Power Supplies,'' August 11, 2004, are not commercial standards 
subject to the section 32 review.
    Since publication of the July 2006 proposed rule, DOE submitted two 
commercial standards, ARI Standard 1200-2006, ``Performance Rating of 
Commercial Refrigerated Display Merchandisers and Storage Cabinets;'' 
and ARI Standard 340/360-2004, ``Performance Rating of Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' to the 
Attorney General and the Chairman of the Federal Trade Commission for 
such review. Neither the Attorney General nor the Chairman of the 
Federal Trade Commission has recommended against incorporation of these 
standards.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to 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).

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's final 
rule.

List of Subjects

10 CFR Part 430

    Administrative practice and procedure, Energy conservation test 
procedures, Household appliances, Incorporation by reference.

10 CFR Part 431

    Administrative practice and procedure, Commercial products, Energy 
conservation test procedures, Incorporation by reference.

    Issued in Washington, DC, on November 28, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons stated in the preamble, DOE amends Chapter II, 
Subchapter D, of Title 10 of the Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
2. Section 430.2 is amended by:
0
a. Adding to the definition of ``basic model'' paragraphs (21) through 
(26).
0
b. Revising the definition of ``covered product'' and ``dehumidifier.''
0
c. Adding in alphabetical order the definition of ``Battery charger,'' 
``External power supply,'' and ``Pin-based.''
    The revisions and additions read as follows:


Sec.  430.2  Definitions.

* * * * *
    Basic model * * *
    (21) With respect to ceiling fans, which have electrical 
characteristics that are essentially identical, and which do not have 
any differing physical or functional characteristics that affect energy 
consumption.
    (22) With respect to ceiling fan light kits, which have electrical 
characteristics that are essentially identical, and which do not have 
differing physical or functional characteristics that affect energy 
consumption.
    (23) With respect to medium base compact fluorescent lamps, which 
have electrical characteristics that are essentially identical, and 
which do not have any differing physical or functional characteristics 
that affect energy consumption.
    (24) With respect to dehumidifiers, which have electrical 
characteristics that are essentially identical, and which do not have 
any differing physical or functional characteristics that affect energy 
consumption.
    (25) With respect to battery chargers, which have electrical 
characteristics that are essentially identical, and which do not have 
any differing physical or functional characteristics that affect energy 
consumption.
    (26) With respect to external power supplies, which have electrical 
characteristics that are essentially identical, and which do not have 
any differing physical or functional characteristics that affect energy 
consumption.
* * * * *
    Battery charger means a device that charges batteries for consumer 
products, including battery chargers embedded in other consumer 
products.
* * * * *

[[Page 71366]]

    Covered product means a consumer product:
    (1) Of a type specified in section 322 of the Act, or
    (2) That is a ceiling fan, ceiling fan light kit, medium base 
compact fluorescent lamp, dehumidifier, battery charger, external power 
supply, or torchiere.
    Dehumidifier means a self-contained, electrically operated, and 
mechanically refrigerated encased assembly consisting of--
    (1) A refrigerated surface (evaporator) that condenses moisture 
from the atmosphere;
    (2) A refrigerating system, including an electric motor;
    (3) An air-circulating fan; and
    (4) Means for collecting or disposing of the condensate.
* * * * *
    External power supply means an external power supply circuit that 
is used to convert household electric current into DC current or lower-
voltage AC current to operate a consumer product.
* * * * *
    Pin-based means (1) the base of a fluorescent lamp, that is not 
integrally ballasted and that has a plug-in lamp base, including multi-
tube, multibend, spiral, and circline types, or (2) a socket that holds 
such a lamp.
* * * * *

0
3. Section 430.22 is amended by adding new paragraphs (b)(9), (b)(10), 
and (b)(11) to read as follows:


Sec.  430.22  Reference Sources.

* * * * *
    (b) * * *
    (9) Environmental Protection Agency (EPA), Ariel Rios Building, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 272-0167.

    1. ``ENERGY STAR Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for 
ENERGY STAR Qualified Ceiling Fans,'' Version 1.1, December 9, 2002.
    2. ``ENERGY STAR Program Requirements for Residential Light 
Fixtures,'' Version 4.0, issued January 10, 2005.
    3. ``ENERGY STAR Program Requirements for Dehumidifiers,'' 
effective January 1, 2001.
    4. ``Test Methodology for Determining the Energy Performance of 
Battery Charging Systems,'' December 2005.

    (10) U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Forrestal Building, Room 1J-018 (Resource Room of the 
Building Technologies Program), 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, (202) 586-9127.

    1. ``ENERGY STAR Program Requirements for [Compact Fluorescent 
Lamps] CFLs,'' Version 3.0, issued October 30, 2003.
    2. ``ENERGY STAR Program Requirements for [Compact Fluorescent 
Lamps] CFLs,'' Version August 9, 2001.

    (11) California Energy Commission, 1516 Ninth Street, MS-25, 
Sacramento, CA 95814, (916) 654-4091.

    1. ``Test Method for Calculating the Energy Efficiency of 
Single-Voltage External Ac-Dc and Ac-Ac Power Supplies,'' August 11, 
2004.

* * * * *

0
4. Section 430.23 is amended by revising the section heading, adding 
new paragraphs (w), (x), (y), (z), (aa), and (bb) to read as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (w) Ceiling fans. The airflow and airflow efficiency for ceiling 
fans, expressed in cubic feet per minute (CFM) and CFM per watt (CFM/
watt), respectively, shall be measured in accordance with section 4 of 
appendix U of this subpart.
    (x) Ceiling fan light kits. The efficacy, expressed in lumens per 
watt (lumens/watt), for ceiling fan light kits with sockets for medium 
screw base lamps or pin-based fluorescent lamps shall be measured in 
accordance with section 4 of appendix V of this subpart.
    (y) Medium Base Compact Fluorescent Lamps. The initial efficacy, 
lumen maintenance at 1,000 hours, lumen maintenance at 40-percent of 
rated life, rapid cycle stress test, and lamp life shall be measured in 
accordance with section 4 of appendix W of this subpart.
    (z) Dehumidifiers. The energy factor for dehumidifiers, expressed 
in liters per kilowatt hour (L/kWh), shall be measured in accordance 
with section 4 of appendix X of this subpart.
    (aa) Battery Chargers. The energy consumption of a battery charger, 
expressed as the nonactive energy ratio, shall be measured in 
accordance with section 4 of appendix Y of this subpart.
    (bb) External Power Supplies. The energy consumption of an external 
power supply, including active mode efficiency in a percentage and the 
no-load energy consumption in watts, shall be measured in accordance 
with section 4 of appendix Z of this subpart.


0
5. Subpart B of part 430 is amended by adding new appendices U, V, W, 
X, Y, and Z, to read as follows:

Appendix U to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Ceiling Fans

    1. Scope. This appendix covers the test requirements used to 
measure the energy performance of ceiling fans.
    2. Definitions:
    a. Airflow means the rate of air movement at a specific fan-
speed setting expressed in cubic feet per minute (CFM).
    b. Airflow efficiency means the ratio of airflow divided by 
power at a specific ceiling fan-speed setting expressed in CFM per 
watt (CFM/watt).
    3. Test Apparatus and General Instructions: The test apparatus 
and instructions for testing ceiling fans shall conform to the 
requirements specified in Chapter 3, ``Air-Delivery Room 
Construction and Preparation,'' Chapter 4, ``Equipment Set-up and 
Test Procedure,'' and Chapter 6, ``Definitions and Acronyms,'' of 
the EPA's ``ENERGY STAR Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for 
ENERGY STAR Qualified Ceiling Fans,'' Version 1.1, December 9, 2002 
(Incorporated by reference, see Sec.  430.22). Record measurements 
at the resolution of the test instrumentation. Round off 
calculations to the same number of significant digits as the 
previous step. Round the final energy consumption value to the 
nearest whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    4. Test Measurement: Measure the airflow and airflow efficiency 
for ceiling fans, expressed in cubic feet per minute (CFM) and CFM 
per watt (CFM/watt), in accordance with the test requirements 
specified in Chapter 4, ``Equipment Setup and Test Procedure,'' of 
the EPA's ``ENERGY STAR Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for 
ENERGY STAR Qualified Ceiling Fans,'' Version 1.1, December 9, 2002 
(Incorporated by reference, see Sec.  430.22). In performing the 
airflow test, measure ceiling fan power using a RMS sensor capable 
of measuring power with an accuracy of 1 %. Prior to 
using the sensor and sensor software it has selected, the test 
laboratory shall verify performance of the sensor and sensor 
software. Measure power input at a point that includes all power 
consuming components of the ceiling fan (but without any attached 
light kit energized). Measure power at the rated voltage that 
represents normal operation continuously over the time period for 
which the airflow test is conducted, and report the average value of 
the power measurement in watts (W). Use the average value of power 
input to calculate the airflow efficiency in CFM/W.

[[Page 71367]]

Appendix V to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Ceiling Fan Light Kits

    1. Scope: This appendix covers the test requirements used to 
measure the energy performance of ceiling fan light kits.
    2. Definitions:
    a. Input power means the actual total power used by all lamp(s) 
and ballast(s) of the light kit during operation, expressed in watts 
(W) and measured using the lamp and ballast packaged with the kit.
    b. Lamp ballast platform means a pairing of one ballast with one 
or more lamps that can operate simultaneously on that ballast. A 
unique platform is defined by the manufacturer and model number of 
the ballast and lamp(s) and the quantity of lamps that operate on 
the ballast.
    c. Lamp lumens means a measurement of luminous flux expressed in 
lumens and measured using the lamp and ballast shipped with the 
fixture.
    d. System efficacy per lamp ballast platform means the ratio of 
measured lamp lumens expressed in lumens and measured input power 
expressed in watts (W).
    3. Test Apparatus and General Instructions:
    (a) The test apparatus and instruction for testing screw base 
lamps packaged with ceiling fan light kits that have medium screw 
base sockets shall conform to the requirements specified in section 
2, ``Definitions,'' section 3, ``Referenced Standards,'' and section 
4, ``CFL Requirements for Testing'' of DOE's ``ENERGY STAR Program 
Requirements for [Compact Fluorescent Lamps] CFLs,'' Version 3.0, 
(Incorporated by reference, see Sec.  430.22). Record measurements 
at the resolution of the test instrumentation. Round off 
calculations to the same number of significant digits as the 
previous step. Round off the final energy consumption value to a 
whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    (b) The test apparatus and instruction for testing pin-based 
fluorescent lamps packaged with ceiling fan light kits that have 
pin-based sockets shall conform to the requirements specified in 
section 1, ``Definitions,'' and section 3, ``Energy Efficiency 
Specifications for Qualifying Products'' of the EPA's ``ENERGY STAR 
Program Requirements for Residential Light Fixtures,'' Version 4.0, 
(Incorporated by reference, see Sec.  430.22). Record measurements 
at the resolution of the test instrumentation. Round off 
calculations to the same number of significant digits as the 
previous step. The final energy consumption value shall be rounded 
to a whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    4. Test Measurement:
    (a) For screw base compact fluorescent lamps packaged with 
ceiling fan light kits that have medium screw base sockets, measure 
the efficacy, expressed in lumens per watt, in accordance with the 
test requirements specified in section 4, ``CFL Requirements for 
Testing,'' of the ``ENERGY STAR Program Requirements for Compact 
Fluorescent Lamps,'' Version 3.0 (Incorporated by reference, see 
Sec.  430.22).
    (b) For pin-based compact fluorescent lamps packaged with 
ceiling fan light kits that have pin-based sockets, measure the 
efficacy, expressed in lumens per watt, in accordance with the test 
requirements specified in section 3, ``Energy-Efficiency 
Specifications for Qualifying Products'' and Table 3 in section 4, 
``Qualification Process, Testing Facilities, Standards, and 
Documentation,'' of the ``ENERGY STAR Program Requirements for 
Residential Light Fixtures,'' Version 4.0 (Incorporated by 
reference, see Sec.  430.22).

Appendix W to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Medium Base Compact Fluorescent Lamps

    1. Scope: This appendix covers the test requirements used to 
measure the initial efficacy, lumen maintenance at 1,000 hours, 
lumen maintenance at 40 percent of rated life, rapid cycle stress, 
and lamp life of medium base compact fluorescent lamps.
    2. Definitions:
    a. Average rated life means the length of time declared by the 
manufacturer at which 50 percent of any large number of units of a 
lamp reaches the end of their individual lives.
    b. Initial performance values means the photometric and 
electrical characteristics of the lamp at the end of 100 hours of 
operation. Such values include the initial efficacy, the rated 
luminous flux and the rated lumen output.
    c. Lumen maintenance means the luminous flux or lumen output at 
a given time in the life of the lamp and expressed as a percentage 
of the rated luminous flux or rated lumen output, respectively.
    d. Rated luminous flux or rated lumen output means the initial 
lumen rating (100 hour) declared by the manufacturer, which consists 
of the lumen rating of a lamp at the end of 100 hours of operation.
    e. Rated supply frequency means the frequency marked on the 
lamp.
    f. Rated voltage means the voltage marked on the lamp.
    g. Rated wattage means the wattage marked on the lamp.
    h. Self-ballasted compact fluorescent lamp means a compact 
fluorescent lamp unit that incorporates, permanently enclosed, all 
elements that are necessary for the starting and stable operation of 
the lamp, and does not include any replaceable or interchangeable 
parts.
    3. Test Apparatus and General Instructions: The test apparatus 
and instructions for testing medium base compact fluorescent lamps 
shall conform to the requirements specified in section 2, 
``Definitions,'' section 3, ``Referenced Standards,'' and section 4, 
``CFL Requirements for Testing,'' of DOE's ``ENERGY STAR Program 
Requirements for [Compact Fluorescent Lamps] CFLs,'' Version dated 
August 9, 2001, (commonly referred to as Version 2.0), (Incorporated 
by reference, see Sec.  430.22). Record measurements at the 
resolution of the test instrumentation. Round off calculations to 
the same number of significant digits as the previous step. Round 
the final energy consumption value, as applicable, to the nearest 
decimal place or whole number as follows:
    (i) A fractional number at or above the midpoint between two 
consecutive decimal places or whole numbers shall be rounded up to 
the higher of the two decimal places or whole numbers; or
    (ii) A fractional number below the midpoint between two 
consecutive decimal places or whole numbers shall be rounded down to 
the lower of the two decimal places or whole numbers. Round the 
final initial efficacy to one decimal place. Round the final lumen 
maintenance at 1,000 hours to a whole number. Round the final lumen 
maintenance at 40 percent of rated life, the final rapid cycle 
stress, and the final lamp life for medium base compact fluorescent 
lamps to whole numbers.
    4. Test Measurement: Measure the initial efficacy expressed in 
lumens per watt; lumen maintenance at 1,000 hours expressed in 
lumens; lumen maintenance at 40 percent of rated life expressed in 
lumens; rapid cycle stress expressed in the number of lamps that 
meet or exceed the minimum number of cycles; and lamp life expressed 
in hours in accordance with the test requirements specified in 
section 4, ``CFL Requirements for Testing'' of DOE's ``ENERGY STAR 
Program Requirements for [Compact Fluorescent Lamps] CFLs,'' Version 
dated August 9, 2001 (Incorporated by reference, see Sec.  430.22).

Appendix X to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Dehumidifiers

    1. Scope: This appendix covers the test requirements used to 
measure the energy performance of dehumidifiers.
    2. Definitions:
    a. Product capacity for dehumidifiers means a measure of the 
ability of a dehumidifier to remove moisture from its surrounding 
atmosphere, measured in pints collected per 24 hours of continuous 
operation.
    b. Energy factor for dehumidifiers means a measure of energy 
efficiency of a dehumidifier calculated by dividing the water 
removed from the air by the energy consumed, measured in liters per 
kilowatt hour (L/kWh).
    3. Test Apparatus and General Instructions: The test apparatus 
and instructions for testing dehumidifiers shall conform to the 
requirements specified in section 1, ``Definitions,'' section 2, 
``Qualifying Products,'' and section 4, ``Test Criteria,'' of the 
EPA's ``ENERGY STAR Program Requirements for Dehumidifiers,'' 
effective January 1, 2001 (Incorporated by reference, see Sec.  
430.22). Record

[[Page 71368]]

measurements at the resolution of the test instrumentation. Round 
off calculations to the same number of significant digits as the 
previous step. Round the final minimum energy factor value to two 
decimal places as follows:
    (i) A fractional number at or above the midpoint between two 
consecutive decimal places shall be rounded up to the higher of the 
two decimal places; or
    (ii) A fractional number below the midpoint between two 
consecutive decimal places shall be rounded down to the lower of the 
two decimal places.
    4. Test Measurement: Measure the energy factor for 
dehumidifiers, expressed in liters per kilowatt hour (L/kWh) and 
product capacity in pints per day (pints/day), in accordance with 
the test requirements specified in section 4, ``Test Criteria,'' of 
EPA's ``ENERGY STAR Program Requirements for Dehumidifiers,'' 
effective January 1, 2001 (Incorporated by reference, see Sec.  
430.22).

Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Battery Chargers

    1. Scope: This appendix covers the test requirements used to 
measure battery charger energy consumption.
    2. Definitions: The following definitions are for the purposes 
of understanding terminology associated with the test method for 
measuring battery charger energy consumption.\1\
---------------------------------------------------------------------------

    \1\ For clarity on any other terminology used in the test 
method, please refer to IEEE Standard 1515-2000.
---------------------------------------------------------------------------

    a. Accumulated nonactive energy is the sum of the energy, in 
watt-hours, consumed by the battery charger in battery-maintenance 
mode and standby mode over time periods defined in the test 
procedure.
    b. Active mode is the condition in which the battery is 
receiving the main charge, equalizing cells, and performing other 
one-time or limited-time functions necessary for bringing the 
battery to the fully charged state.
    c. Battery or battery pack is an assembly of one or more 
rechargeable cells intended to provide electrical energy to a 
consumer product, and may be in one of the following forms: (a) 
detachable battery: a battery that is contained in a separate 
enclosure from the consumer product and is intended to be removed or 
disconnected from the consumer product for recharging; or (b) 
integral battery: a battery that is contained within the consumer 
product and is not removed from the consumer product for charging 
purposes.
    d. Battery energy is the energy, in watt-hours, delivered by the 
battery under the specified discharge conditions in the test 
procedure.
    e. Battery maintenance mode or maintenance mode is the mode of 
operation when the battery charger is connected to the main 
electricity supply and the battery is fully charged, but is still 
connected to the charger.
    f. Energy ratio or nonactive energy ratio means the ratio of the 
accumulated nonactive energy divided by the battery energy.
    g. Multi-port charger means a battery charger that is capable of 
simultaneously charging two or more batteries. These chargers also 
may have multi-voltage capability, allowing two or more batteries of 
different voltages to charge simultaneously.
    h. Multi-voltage a la carte charger means a separate battery 
charger that is individually packaged without batteries, and is able 
to charge a variety of batteries of different nominal voltages.
    i. Standby mode or no-load mode means the mode of operation when 
the battery charger is connected to the main electricity supply and 
the battery is not connected to the charger.
    3. Test Apparatus and General Instructions: The test apparatus, 
standard testing conditions, and instructions for testing battery 
chargers shall conform to the requirements specified in section 4, 
``Standard Testing Conditions,'' of the EPA's ``Test Methodology for 
Determining the Energy Performance of Battery Charging Systems,'' 
December 2005 Incorporated by reference, see Sec.  430.22). The test 
voltage specified in section 4.1.1, ``Voltage,'' shall be 115 volts, 
60 Hz. The battery charger should be tested using the full test 
methodology, which has a test duration of 48 hours. In section 
4.3.1, ``Precision Requirements,'' append this sentence to the end: 
``The test equipment must be capable of accounting for crest factor 
and frequency spectrum in its measurement of the UUT input 
current.''
    4. Test Measurement:
    (a) Inactive Mode Energy Consumption Measurement. The 
measurement of the battery charger energy ratio shall conform to the 
requirements specified in section 5, ``Determining BCS Energy 
Ratio,'' of the EPA's ``Test Methodology for Determining the Energy 
Performance of Battery Charging Systems, December 2005'' 
(Incorporated by reference, see Sec.  430.22).
    (b) Active Mode Energy Consumption Measurement. [RESERVED]

Appendix Z to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of External Power Supplies

    1. Scope: This appendix covers the test requirements used to 
measure the active mode efficiency and the no-load energy 
consumption of external power supplies.
    2. Definitions: The following definitions are for the purposes 
of understanding terminology associated with the test method for 
measuring external power supply energy consumption.\1\
    a. Active mode is the mode of operation when the external power 
supply is connected to the main electricity supply and the output is 
connected to a load.
    b. Active mode efficiency is the ratio, expressed as a 
percentage, of the total real output power produced by a power 
supply to the real input power required to produce it.
    c. No load mode means the mode of operation when the external 
power supply is connected to the main electricity supply and the 
output is not connected to a load.
    d. Single voltage external AC-AC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower voltage AC output and is able to convert to only one AC output 
voltage at a time.
    e. Single voltage external AC-DC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower voltage DC output and is able to convert to only one DC output 
voltage at a time.
    f. Total harmonic distortion, expressed as a percent, is the RMS 
value of an AC signal after the fundamental component is removed and 
interharmonic components are ignored, divided by the RMS value of 
the fundamental component.
    g. True power factor is the ratio of the active (also referred 
to as real) power consumed in watts to the apparent power, drawn in 
volt-amperes.
    3. Test Apparatus and General Instructions: The test apparatus, 
standard testing conditions, and instructions for testing external 
power supplies shall conform to the requirements specified in 
section 4, ``General Conditions for Measurement,'' of the CEC's 
``Test Method for Calculating the Energy Efficiency of Single-
Voltage External AC-DC and AC-AC Power Supplies,'' August 11, 2004. 
The test voltage specified in section 4.d, ``Test Voltage,'' shall 
only be 115 volts, 60 Hz.
    4. Test Measurement: The measurement of the external power 
supply active mode efficiency and no-load energy consumption shall 
conform to the requirements specified in section 5, ``Measurement 
Approach,'' of the CEC's ``Test Method for Calculating the Energy 
Efficiency of Single-Voltage External AD-DC and AC-AC Power 
Supplies,'' August 11, 2004 (Incorporated by reference, see Sec.  
430.22).


0
6. Section 430.32 is amended by revising the table in paragraph (u) to 
read as follows:


Sec.  430.32  Energy and water conservation standards and effective 
dates.

* * * * *
    (u) * * *

[[Page 71369]]



------------------------------------------------------------------------
               Factor                            Requirements
------------------------------------------------------------------------
Lamp Power (Watts) & Configuration   Minimum Efficacy: lumens/watt(Based
 \1\.                                 upon initial lumen data). \2\
------------------------------------------------------------------------
Bare Lamp:
    Lamp Power <15.................  45.0.
    Lamp Power >=15................  60.0.
------------------------------------------------------------------------
Covered Lamp (no reflector):
    Lamp Power <15.................  40.0.
    15>= Lamp Power <19............  48.0.
    19>= Lamp Power <25............  50.0
    Lamp Power >=25................  55.0.
------------------------------------------------------------------------
1,000-hour Lumen Maintenance.......  The average of at least 5 lamps
                                      must be a minimum 90.0% of initial
                                      (100-hour) lumen output @ 1,000
                                      hours of rated life.
Lumen Maintenance..................  80.0% of initial (100-hour) rating
                                      at 40 percent of rated life (per
                                      ANSI C78.5 Clause 4.10).
Rapid Cycle Stress Test............  Per ANSI C78.5 and IESNA LM-65
                                      (clauses 2,3,5, and 6).
                                     Exception: Cycle times must be 5
                                      minutes on, 5 minutes off. Lamp
                                      will be cycled once for every two
                                      hours of rated life. At least 5
                                      lamps must meet or exceed the
                                      minimum number of cycles.
Average Rated Lamp Life............  >=6,000 hours as declared by the
                                      manufacturer on packaging. At 80%
                                      of rated life, statistical methods
                                      may be used to confirm lifetime
                                      claims based on sampling
                                      performance.
------------------------------------------------------------------------
\1\ Take performance and electrical requirements at the end of the 100-
  hour aging period according to ANSI Standard C78.5. The lamp efficacy
  shall be the average of the lesser of the lumens per watt measured in
  the base up and/or other specified positions. Use wattages place on
  packaging to select proper specification efficacy in this table, not
  measured wattage. Labeled wattages are for reference only.
\2\ Efficacies are based on measured values for lumens and wattages from
  pertinent test data. Wattages and lumens placed on packages may not be
  used in calculation and are not governed by this specification. For
  multi-level or dimmable systems, measurements shall be at the highest
  setting. Acceptable measurement error is 3%.

* * * * *

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
7. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.


0
8. Section 431.2 is amended by revising the definition of ``Covered 
equipment,'' to read as follows:


Sec.  431.2  Definitions.

* * * * *
    Covered equipment means any electric motor, as defined in Sec.  
431.12; commercial heating, ventilating, and air conditioning, and 
water heating product (HVAC & WH product), as defined in Sec.  431.172; 
commercial refrigerator, freezer, or refrigerator-freezer, as defined 
in Sec.  431.62; automatic commercial ice maker, as defined in Sec.  
431.132; commercial clothes washer, as defined in Sec.  431.152; 
distribution transformer, as defined in Sec.  431.192; illuminated exit 
sign, as defined in Sec.  431.202; traffic signal module or pedestrian 
module, as defined in Sec.  431.222; unit heater, as defined in Sec.  
431.242; commercial prerinse spray valve, as defined in Sec.  431.262; 
mercury vapor lamp ballast, as defined in Sec.  431.282; or 
refrigerated bottled or canned beverage vending machine, as defined in 
Sec.  431.292.
* * * * *

0
9. Section 431.62 is amended by adding, in alphabetical order, new 
definitions for ``Basic model,'' ``Ice-cream freezer,'' and ``Test 
package,'' to read as follows:


Sec.  431.62  Definitions concerning commercial refrigerators, 
freezers, and refrigerator-freezers.

    Basic model means, with respect to commercial refrigerators, 
freezers, and refrigerator-freezers, all units of a given type of 
commercial refrigerator, freezer, or refrigerator-freezer (or class 
thereof) manufactured by one manufacturer that have the same primary 
energy source, which have electrical characteristics that are 
essentially identical, and which do not have any differing electrical, 
physical, or functional characteristics that affect energy consumption.
* * * * *
    Ice-cream freezer means a commercial freezer that is designed to 
operate at or below -5 [deg]F (-21 [deg]C) and that the manufacturer 
designs, markets, or intends for the storing, displaying, or dispensing 
of ice cream.
* * * * *
    Test package means a packaged material that is used as a standard 
product temperature-measuring device.


0
10. Subpart C of part 431 is amended by revising the undesignated 
center heading following Sec.  431.62 and adding new Sec. Sec.  431.63 
and 431.64, to read as follows:

Test Procedures


Sec.  431.63  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into subpart C of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedures incorporated by reference. (1) American 
National Standards Institute (ANSI)/Association of Home Appliance 
Manufacturers (AHAM) Standard HRF-1-2004, ``Energy, Performance and 
Capacity of Household Refrigerators, Refrigerator-Freezers and 
Freezers.''
    (2) Air-Conditioning and Refrigeration Institute (ARI) Standard 
1200-2006, ``Performance Rating of Commercial Refrigerated Display 
Merchandisers and Storage Cabinets.''

[[Page 71370]]

    (c) Availability of references--(1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. (i) Anyone can purchase a copy 
of ANSI/AHAM HRF-1-2004, ``Energy, Performance and Capacity of 
Household Refrigerators, Refrigerator-Freezers and Freezers,'' from the 
American National Standards Institute, 1819 L Street, NW., 6th floor, 
Washington, DC 20036, (202) 293-8020, or http://www.ansi.org.
    (ii) Anyone can obtain a copy of ARI Standard 1200-2006, 
``Performance Rating of Commercial Refrigerated Display Merchandisers 
and Storage Cabinets,'' from the Air-Conditioning and Refrigeration 
Institute, 4100 N. Fairfax Dr., Suite 200, Arlington, VA 22203 or 
http://www.ari.org/std/standards.html.


Sec.  431.64  Uniform test method for the measurement of energy 
consumption of commercial refrigerators, freezers, and refrigerator-
freezers.

    (a) Scope. This section provides the test procedures for measuring, 
pursuant to EPCA, the daily energy consumption in kilowatt hours per 
day (kWh/day) for a given product category and volume or total display 
area of commercial refrigerators, freezers, and refrigerator-freezers.
    (b) Testing and calculations. (1) Determine the daily energy 
consumption of each covered commercial refrigerator, freezer, or 
refrigerator-freezer by conducting the test procedure set forth in the 
Air-Conditioning and Refrigeration Institute (ARI) Standard 1200-2006, 
``Performance Rating of Commercial Refrigerated Display Merchandisers 
and Storage Cabinets,'' section 3, ``Definitions,'' section 4, ``Test 
Requirements,'' and section 7, ``Symbols and Subscripts.'' 
(Incorporated by reference, see Sec.  431.63) For each commercial 
refrigerator, freezer, or refrigerator-freezer with a self-contained 
condensing unit, also use ARI Standard 1200-2006, section 6, ``Rating 
Requirements for Self-contained Commercial Refrigerated Display 
Merchandisers and Storage Cabinets.'' (Incorporated by reference, see 
Sec.  431.63) For each commercial refrigerator, freezer, or 
refrigerator-freezer with a remote condensing unit, also use ARI 
Standard 1200-2006, section 5, ``Rating Requirements for Remote 
Commercial Refrigerated Display Merchandisers and Storage Cabinets.'' 
(Incorporated by reference, see Sec.  431.63)
    (2) Conduct the testing required in paragraphs (b)(1) of this 
section, and determine the daily energy consumption, at the applicable 
integrated average temperature in the following table. The integrated 
average temperature is determined using the required test method.

------------------------------------------------------------------------
                                                     Integrated average
           Category               Test procedure        temperatures
------------------------------------------------------------------------
(i) Refrigerator with Solid     ARI Standard 1200- 38 [deg]F (2 [deg]F).
(ii) Refrigerator with          ARI Standard 1200- 38 [deg]F (2 [deg]F).
(iii) Freezer with Solid        ARI Standard 1200- 0 [deg]F (2 [deg]F).
(iv) Freezer with Transparent   ARI Standard 1200- 0 [deg]F (2 [deg]F).
(v) Refrigerator-Freezer with   ARI Standard 1200- 38 [deg]F (2 [deg]F) for
                                                    refrigerator
                                                    compartment.
                                                   0 [deg]F (2 [deg]F) for
                                                    freezer compartment.
(vi) Commercial Refrigerator    ARI Standard 1200- 38 [deg]F (2 [deg]F).
 Condensing Unit Designed for
 Pull-Down Temperature
 Applications and Transparent
 Doors.
(vii) Ice-Cream Freezer.......  ARI Standard 1200- -15.0 [deg]F (2 [deg]F).
(viii) Commercial               ARI Standard 1200- (A) For low
 Refrigerator, Freezer, and      2006*.             temperature
 Refrigerator-Freezer with a                        applications, the
 Self-Contained Condensing                          integrated average
 Unit and without Doors.                            temperature of all
                                                    test package
                                                    averages shall be 0
                                                    [deg]F (2 [deg]F).
                                                   (B) For medium
                                                    temperature
                                                    applications, the
                                                    integrated average
                                                    temperature of all
                                                    test package
                                                    averages shall be
                                                    38.0 [deg]F (2 [deg]F).
(ix) Commercial Refrigerator,   ARI Standard 1200- (A) For low
 Freezer, and Refrigerator-      2006*.             temperature
 Freezer with a Remote                              applications, the
 Condensing Unit.                                   integrated average
                                                    temperature of all
                                                    test package
                                                    averages shall be 0
                                                    [deg]F (2 [deg]F).
                                                   (B) For medium
                                                    temperature
                                                    applications, the
                                                    integrated average
                                                    temperature of all
                                                    test package
                                                    averages shall be
                                                    38.0 [deg]F (2 [deg]F).
------------------------------------------------------------------------
* Incorporated by reference, see Sec.   431.63.

    (3) Determine the volume of each covered commercial refrigerator, 
freezer, or refrigerator-freezer using the methodology set forth in the 
ANSI/AHAM HRF-1-2004, ``Energy, Performance and Capacity of Household 
Refrigerators, Refrigerator-Freezers and Freezers,'' (Incorporated by 
reference, see Sec.  431.63) section 3.21, ``Volume,'' sections 4.1 
through 4.3, ``Method for Computing Total Refrigerated Volume and Total 
Shelf Area of Household Refrigerators and Household Wine Chillers,'' 
and sections 5.1 through 5.3, ``Method for Computing Total Refrigerated 
Volume and Total Shelf Area of Household Freezers.''


0
11. Section 431.95 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  431.95  Materials incorporated by reference.

* * * * *
    (b) * * *
    (2) ARI Standard 340/360-2004, ``Performance Rating of Commercial 
and Industrial Unitary Air-Conditioning and Heat Pump Equipment.''
* * * * *

0
12. Section 431.96 is revised to read as follows:

[[Page 71371]]

Sec.  431.96  Uniform test method for the measurement of energy 
efficiency of small, large, and very large commercial package air 
conditioning and heating equipment, packaged terminal air conditioners, 
and packaged terminal heat pumps.

    (a) Scope. This section contains test procedures for measuring, 
pursuant to EPCA, the energy efficiency of any small, large, or very 
large commercial package air-conditioning and heating equipment, 
packaged terminal air conditioner, or packaged terminal heat pump.
    (b) Testing and calculations. Determine the energy efficiency of 
each covered product by conducting the test procedure(s) listed in the 
rightmost column of Table 1 of this section, that apply to the energy 
efficiency descriptor for that product, category, and cooling capacity.

    Table 1 to Sec.   431.96.--Test Procedures for All Small Commercial Package Air-Conditioning and Heating
    Equipment, for Large Commercial Package Air-Conditioning and Heating Equipment, for Very Large Commercial
    Package Air-Conditioning and Heating Equipment, and for Packaged Terminal Air-Conditioners, and Packaged
                                               Terminal Heat Pumps
----------------------------------------------------------------------------------------------------------------
                                                                      Energy  efficiency   Use tests, conditions
            Product                  Category       Cooling capacity       descriptor     and  procedures \1\ in
----------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air   Air Cooled, 3      <65,000 Btu/h....  SEER..............  ARI Standard 210/240-
 Conditioning and Heating        Phase, AC and HP.                    HSPF..............   2003.
 Equipment.                                                                               ARI Standard 210/240-
                                                                                           2003.
                                Air Cooled AC and  >=65,000 Btu/h     EER...............  ARI Standard 340/360-
                                 HP.                and <135,000 Btu/ COP...............   2004.
                                                    h                                     ARI Standard 340/360-
                                                                                           2004.
                                Water Cooled and   <65,000 Btu/h....  EER...............  ARI Standard 210/240-
                                 Evaporatively     >=65,000 Btu/h     EER...............   2003.
                                 Cooled AC.         and <135,000 Btu/                     ARI Standard 340/360-
                                                    h..                                    2004.
                                Water-Source HP..  <135,000 Btu/h...  EER...............  ISO Standard 13256-1
                                                                      COP...............   (1998).
                                                                                          ISO Standard 13256-1
                                                                                           (1998).
Large Commercial Packaged Air-  Air Cooled AC and  >=135,000 Btu/h    EER...............  ARI Standard 340/360-
 Conditioning and Heating        HP.                and <240,000 Btu/ COP...............   2004.
 Equipment.                                         h.                                    ARI Standard 340/360-
                                                                                           2004.
                                Water Cooled AC..  >=135,000 Btu/h    EER...............  ARI Standard 340/360-
                                                    and <240,000 Btu/                      2004.
                                                    h.
                                Evaporatively      >=135,000 Btu/h    EER...............  ARI Standard 340/360-
                                 Cooled AC.         and <240,000 Btu/                      2004.
                                                    h.
Very Large Commercial Packaged  Air Cooled AC and  >=240,000 Btu/h    EER...............  ARI Standard 340/360-
 Air-Conditioning and Heating    HP.                and <760,000 Btu/ COP...............   2004.
 Equipment.                                         h.                                    ARI Standard 340/360-
                                                                                           2004.
Packaged Terminal Air-          AC and HP........  All..............  EER...............  ARI Standard 310/380-
 Conditioners and Heat Pumps.   HP...............  All..............  COP...............   2004.
                                                                                          ARI Standard 310/380-
                                                                                           2004.
----------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   431.95.



0
13. Section 431.97 is amended by revising paragraph (a) (Tables 1 and 2 
remain unchanged), (b), and amending the table to paragraph (b) by 
revising the third entry under the ``Product'' column to read as 
follows:


Sec.  431.97  Energy efficiency standards and their effective dates.

    (a) Each commercial air conditioner and heat pump manufactured on 
or after January 1, 1994 (except for large commercial package air-
conditioning and heating equipment, for which the effective date is 
January 1, 1995) and before January 1, 2010, in the case of air-cooled 
equipment with a capacity equal to or greater than 65,000 Btu per hour, 
must meet the applicable minimum energy efficiency standard level(s) 
set forth in Tables 1 and 2 of this section.
* * * * *
    (b) Air-cooled commercial package air-conditioning and heating 
equipment manufactured on or after January 1, 2010, with cooling 
capacities equal to or greater than 65,000 Btu/h and less than 760,000 
Btu/h, shall have Energy Efficiency Ratio and Coefficient of 
Performance no less than:

----------------------------------------------------------------------------------------------------------------
                                         Cooling capacity (Btu/                                 Efficiency
                Product                            h)                    Category              level[dagger]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Very large commercial package air-
 conditioning and heating equipment
 (air-cooled)
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * *


0
14. Section 431.132 is amended by adding in alphabetical order new 
definitions for ``Basic model,'' ``Cube type ice,'' ``Energy use,'' 
``Ice-making head,'' ``Maximum condenser water use,'' ``Remote 
compressor,'' ``Remote condensing,'' and ``Self-contained'' to read as 
follows:


Sec.  431.132  Definitions concerning automatic commercial ice makers.

* * * * *
    Basic model means, with respect to automatic commercial ice makers, 
all units of a given type of automatic commercial ice maker (or class 
thereof) manufactured by one manufacturer and which have the same 
primary energy

[[Page 71372]]

source, which have electrical characteristics that are essentially 
identical, and which do not have any differing electrical, physical, or 
functional characteristics that affect energy consumption.
    Cube type ice means ice that is fairly uniform, hard, solid, 
usually clear, and generally weighs less than two ounces (60 grams) per 
piece, as distinguished from flake, crushed, or fragmented ice.
    Energy use means the total energy consumed, stated in kilowatt 
hours per one-hundred pounds (kWh/100 lb) of ice and stated in 
multiples of 0.1. For remote condensing automatic commercial ice 
makers, total energy consumed shall include condenser fan power.
* * * * *
    Ice-making head means automatic commercial ice makers that do not 
contain integral storage bins, but are generally designed to 
accommodate a variety of bin capacities. Storage bins entail additional 
energy use not included in the reported energy consumption figures for 
these units.
    Maximum condenser water use means the maximum amount of water used 
by the condensing unit (if water-cooled), stated in gallons per 100 
pounds (gal/100 lb) of ice, in multiples of 1.
    Remote compressor means a type of automatic commercial ice maker in 
which the ice-making mechanism and compressor are in separate sections.
    Remote condensing means a type of automatic commercial ice maker in 
which the ice-making mechanism and condenser or condensing unit are in 
separate sections.
    Self-contained means a type of automatic commercial ice maker in 
which the ice-making mechanism and storage compartment are in an 
integral cabinet.


0
15. Subpart H of part 431 is amended by revising the undesignated 
center heading following Sec.  431.132 and adding new Sec. Sec.  
431.133 and 431.134, to read as follows:

Test Procedures


Sec.  431.133  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into subpart H of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedures incorporated by reference. (1) Air-Conditioning 
and Refrigeration Institute (ARI) Standard 810-2003, ``Performance 
Rating of Automatic Commercial Ice-Makers.''
    (2) American National Standards Institute (ANSI)/American Society 
of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) 
Standard 29-1988 (RA 2005), ``Methods of Testing Automatic Ice 
Makers.''
    (c) Availability of references--(1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of test procedures. (i) Anyone can obtain a 
copy of ARI Standard 810-2003 from the Air-Conditioning and 
Refrigeration Institute, 4100 N. Fairfax Dr., Suite 200, Arlington, VA 
22203 or http://www.ari.org/std/standards.htm.
    (ii) Anyone can purchase a copy of ASHRAE Standard 29-1988 (RA 
2005), ``Methods of Testing Automatic Ice Makers,'' from the American 
Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
1791 Tullie Circle, NE, Atlanta, GA 30329, (404) 636-8400, or http://www.ashrae.org.


Sec.  431.134  Uniform test methods for the measurement of energy 
consumption and water consumption of automatic commercial ice makers.

    (a) Scope. This section provides the test procedures for measuring, 
pursuant to EPCA, the energy use in kilowatt hours per 100 pounds of 
ice (kWh/100 lbs ice) and the condenser water use in gallons per 100 
pounds of ice (gal/100 lbs ice).
    (b) Testing and Calculations. Determine the energy consumed and the 
condenser water use rate of each covered product by conducting the test 
procedures, set forth in the Air-Conditioning and Refrigeration 
Institute's Standard 810-2003, ``Performance Rating of Automatic 
Commercial Ice-Makers,'' section 4, ``Test Requirements,'' and section 
5, ``Rating Requirements.'' (Incorporated by reference, see Sec.  
431.133) Do not use the formula in section 8.3 of ANSI/ASHRAE Standard 
29-1988 (RA 2005) for calculating the power consumption, but instead 
calculate the energy use rate (kWh/100 lbs Ice) by dividing the energy 
consumed during testing by the total mass of the ice produced during 
the time period over which energy consumption is measured, normalized 
to 100 pounds of ice as follows:
[GRAPHIC] [TIFF OMITTED] TR08DE06.001


0
16. Section 431.202 is amended by adding in alphabetical order new 
definitions for ``Basic model,'' ``Face,'' and ``Input power demand'' 
to read as follows:


Sec.  431.202  Definitions concerning illuminated exit signs.

    Basic model means, with respect to illuminated exit signs, all 
units of a given type of illuminated exit sign (or class thereof) 
manufactured by one manufacturer and which have the same primary energy 
source, which have electrical characteristics that are essentially 
identical, and which do not have any differing electrical, physical, or 
functional characteristics that affect energy consumption.
    Face means an illuminated side of an illuminated exit sign.
* * * * *
    Input power demand means the amount of power required to

[[Page 71373]]

continuously illuminate an exit sign model, measured in watts (W). For 
exit sign models with rechargeable batteries, input power demand shall 
be measured with batteries at full charge.


0
17. Subpart L of part 431 is amended by revising the undesignated 
center heading following Sec.  431.202 and adding new Sec. Sec.  
431.203 and 431.204, to read as follows:

Test Procedures


Sec.  431.203  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into subpart L of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless and until DOE amends its test procedures. The 
Department incorporates the material as it exists on the date of the 
approval by the Federal Register and a notice of any change in the 
material will be published in the Federal Register.
    (b) Test procedure incorporated by reference. Environmental 
Protection Agency ``ENERGY STAR Program Requirements for Exit Signs,'' 
Version 2.0 issued January 1, 1999.
    (c) Availability of reference--(1) Inspection of test procedure. 
The test procedure incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of the standard. Copies of the Environmental 
Protection Agency ``ENERGY STAR Program Requirements for Exit Signs,'' 
Version 2.0, may be obtained from the Environmental Protection Agency, 
Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460, (202) 272-0167 or at http://www.epa.gov.


Sec.  431.204  Uniform test method for the measurement of energy 
consumption of illuminated exit signs.

    (a) Scope. This section provides the test procedure for measuring, 
pursuant to EPCA, the input power demand of illuminated exit signs. For 
purposes of this part 431 and EPCA, the test procedure for measuring 
the input power demand of illuminated exit signs shall be the test 
procedure specified in Sec.  431.203(b).
    (b) Testing and Calculations. Determine the energy efficiency of 
each covered product by conducting the test procedure, set forth in the 
Environmental Protection Agency's ``ENERGY STAR Program Requirements 
for Exit Signs,'' Version 2.0, section 4 (Test Criteria), ``Conditions 
for testing'' and ``Input power measurement.'' (Incorporated by 
reference, see Sec.  431.203)


0
18. Section 431.222 is amended by adding in alphabetical order new 
definitions for ``Basic model,'' ``Maximum wattage,'' and ``Nominal 
wattage,'' to read as follows:


Sec.  431.222  Definitions concerning traffic signal modules and 
pedestrian modules.

    Basic model means, with respect to traffic signal modules and 
pedestrian modules, all units of a given type of traffic signal module 
or pedestrian module (or class thereof) manufactured by one 
manufacturer and which have the same primary energy source, which have 
electrical characteristics that are essentially identical, and which do 
not have any differing electrical, physical, or functional 
characteristics that affect energy consumption.
    Maximum wattage means the power consumed by the module after being 
operated for 60 minutes while mounted in a temperature testing chamber 
so that the lensed portion of the module is outside the chamber, all 
portions of the module behind the lens are within the chamber at a 
temperature of 74 [deg]C and the air temperature in front of the lens 
is maintained at a minimum of 49 [deg]C.
    Nominal wattage means the power consumed by the module when it is 
operated within a chamber at a temperature of 25 [deg]C after the 
signal has been operated for 60 minutes.
* * * * *

0
19. Subpart M of part 431 is amended by revising the undesignated 
center heading following Sec.  431.222 and adding new Sec. Sec.  
431.223 and 431.224, to read as follows:

Test Procedures


Sec.  431.223  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into subpart M of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless and until DOE amends its test procedures. The 
Department incorporates the material as it exists on the date of the 
approval by the Federal Register and a notice of any change in the 
material will be published in the Federal Register.
    (b) List of test procedures incorporated by reference. (1) 
Environmental Protection Agency, ``ENERGY STAR Program Requirements for 
Traffic Signals,'' Version 1.1 issued February 4, 2003.
    (2) Institute of Transportation Engineers (ITE), ``Vehicle Traffic 
Control Signal Heads: Light Emitting Diode (LED) Circular Signal 
Supplement,'' June 27, 2005.
    (c) Availability of references--(1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. Standards incorporated by 
reference may be obtained from the following sources:
    (i) Copies of the Environmental Protection Agency ``ENERGY STAR 
Program Requirements for Traffic Signals,'' Version 1.1, may be 
obtained from the Environmental Protection Agency, Ariel Rios Building, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 272-0167 or 
at http://www.epa.gov.

[[Page 71374]]

    (ii) Institute of Transportation Engineers, 1099 14th Street, NW., 
Suite 300 West, Washington, DC 20005-3438, (202) 289-0222, or [email protected].


Sec.  431.224  Uniform test method for the measurement of energy 
consumption for traffic signal modules and pedestrian modules.

    (a) Scope. This section provides the test procedures for measuring, 
pursuant to EPCA, the maximum wattage and nominal wattage of traffic 
signal modules and pedestrian modules. For purposes of 10 CFR part 431 
and EPCA, the test procedures for measuring the maximum wattage and 
nominal wattage of traffic signal modules and pedestrian modules shall 
be the test procedures specified in Sec.  431.223(b).
    (b) Testing and Calculations. Determine the nominal wattage and 
maximum wattage of each covered traffic signal module or pedestrian 
module by conducting the test procedure set forth in Environmental 
Protection Agency, ``ENERGY STAR Program Requirements for Traffic 
Signals,'' Version 1.1, section 1, ``Definitions,'' and section 4, 
``Test Criteria.'' (Incorporated by reference, see Sec.  431.223) Use a 
wattmeter having an accuracy of 1% to measure the nominal 
wattage and maximum wattage of a red and green traffic signal module, 
and a pedestrian module when conducting the photometric and colormetric 
tests as specified by the testing procedures in VTCSH 2005.


0
19a. Amend Sec.  431.226 by revising paragraph (a) to read as follows:


Sec.  431.226  Energy conservation standards and their effective dates.

* * * * *
    (a) Have a nominal wattage and maximum wattage no greater than:
* * * * *

0
20. Section 431.242 is amended by adding in alphabetical order new 
definitions for ``Automatic flue damper,'' ``Automatic vent damper,'' 
``Intermittent ignition device,'' ``Power venting,'' and ``Warm air 
furnace'' to read as follows:


Sec.  431.242  Definitions concerning unit heaters.

    Automatic flue damper means a device installed in the flue outlet 
or in the inlet of or upstream of the draft control device of an 
individual, automatically operated, fossil fuel-fired appliance that is 
designed to automatically open the flue outlet during appliance 
operation and to automatically close the flue outlet when the appliance 
is in a standby condition.
    Automatic vent damper means a device intended for installation in 
the venting system of an individual, automatically operated, fossil 
fuel-fired appliance either in the outlet or downstream of the 
appliance draft control device, which is designed to automatically open 
the venting system when the appliance is in operation and to 
automatically close off the venting system when the appliance is in a 
standby or shutdown condition.
    Intermittent ignition device means an ignition device in which the 
ignition source is automatically shut off when the appliance is in an 
off or standby condition.
    Power venting means a venting system that uses a separate fan, 
either integral to the appliance or attached to the vent pipe, to 
convey products of combustion and excess or dilution air through the 
vent pipe.
* * * * *
    Warm air furnace means commercial warm air furnace as defined in 
Sec.  431.72.
* * * * *


0
20a. Amend Sec.  431.246 by revising paragraph (b) to read as follows:


Sec.  431.246  Energy conservation standards and their effective dates.

* * * * *
    (b) Have power venting or an automatic flue damper. An automatic 
vent damper is an acceptable alternative to an automatic flue damper 
for those unit heaters where combustion air is drawn from the 
conditioned space.


0
21. Section 431.262 is amended by adding in alphabetical order a new 
definition for ``Basic model'' to read as follows:


Sec.  431.262  Definitions concerning commercial prerinse spray valves.

    Basic model means, with respect to commercial prerinse spray 
valves, all units of a given type of commercial prerinse spray valve 
(or class thereof) manufactured by one manufacturer and which have the 
identical flow control mechanism attached to or installed within the 
fixture fitting, or the identical water-passage design features that 
use the same path of water in the highest flow mode.
* * * * *

0
22. Subpart O of part 431 is amended by revising the undesignated 
center heading following Sec.  431.262 and adding new Sec. Sec.  
431.263 and 431.264, to read as follows:

Test Procedures


Sec.  431.263  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedure into subpart O of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedure incorporated by reference. American Society for 
Testing and Materials (ASTM) Standard F2324-03, ``Standard Test Method 
for Prerinse Spray Valves,'' October, 2003.
    (c) Availability of reference--(1) Inspection of the test 
procedure. The test procedure incorporated by reference is available 
for inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining a copy of the standard. The standard incorporated by 
reference may be obtained from the following source: Copies of ASTM 
Standard F2324-03 can be obtained from ASTM International, 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or 
telephone (610) 832-9585.


Sec.  431.264  Uniform test method for the measurement of flow rate for 
commercial prerinse spray valves.

    (a) Scope. This section provides the test procedure for measuring, 
pursuant to EPCA, the water consumption flow rate of commercial 
prerinse spray valves.
    (b) Testing and Calculations. The test procedure to determine the 
water consumption flow rate for prerinse spray valves, expressed in 
gallons per minute (gpm) or liters per minute (L/

[[Page 71375]]

min), shall be conducted in accordance with the test requirements 
specified in sections 4.1 and 4.2 (Summary of Test Method), 5.1 
(Significance and Use), 6.1 through 6.9 (Apparatus) except 6.5, 9.1 
through 9.5 (Preparation of Apparatus), and 10.1 through 10.2.5. 
(Procedure), and calculations in accordance with sections 11.1 through 
11.3.2 (Calculation and Report) of the ASTM F2324-03, ``Standard Test 
Method for Prerinse Spray Valves.'' (Incorporated by reference, see 
Sec.  431.263) Perform only the procedures pertinent to the measurement 
of flow rate. Record measurements at the resolution of the test 
instrumentation. Round off calculations to the same number of 
significant digits as the previous step. Round the final water 
consumption value to one decimal place as follows:
    (1) A fractional number at or above the midpoint between two 
consecutive decimal places shall be rounded up to the higher of the two 
decimal places; or
    (2) A fractional number below the midpoint between two consecutive 
decimal places shall be rounded down to the lower of the two decimal 
places.


0
23. Part 431 is amended by adding a new subpart Q to read as follows:
Subpart Q--Refrigerated Bottled or Canned Beverage Vending Machines
Sec.
431.291 Scope.
431.292 Definitions concerning refrigerated bottled or canned 
beverage vending machines.

Test Procedures

431.293 Materials incorporated by reference.
431.294 Uniform test method for the measurement of energy 
consumption of refrigerated bottled or canned beverage vending 
machines.

Subpart Q--Refrigerated Bottled or Canned Beverage Vending Machines


Sec.  431.291  Scope.

    This subpart specifies test procedures for certain commercial 
refrigerated bottled or canned beverage vending machines, pursuant to 
part C of Title III of the Energy Policy and Conservation Act, as 
amended, 42 U.S.C. 6311-6316.


Sec.  431.292  Definitions concerning refrigerated bottled or canned 
beverage vending machines.

    Basic model means, with respect to refrigerated bottled or canned 
beverage vending machines, all units of a given type of refrigerated 
bottled or canned beverage vending machine (or class thereof) 
manufactured by one manufacturer and which have the same primary energy 
source, which have electrical characteristics that are essentially 
identical, and which do not have any differing electrical, physical, or 
functional characteristics that affect energy consumption.
    Refrigerated bottled or canned beverage vending machine means a 
commercial refrigerator that cools bottled or canned beverages and 
dispenses the bottled or canned beverages on payment.

Test Procedures


Sec.  431.293  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into subpart Q of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedures incorporated by reference. (1) American 
National Standards Institute (ANSI)/American Society of Heating, 
Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) Standard 
32.1-2004, ``Methods of Testing for Rating Vending Machines for 
Bottled, Canned, and Other Sealed Beverages.''
    (2) American National Standards Institute (ANSI)/Association of 
Home Appliance Manufacturers (AHAM) Standard HRF-1-2004, ``Energy, 
Performance and Capacity of Household Refrigerators, Refrigerator-
Freezers and Freezers.''
    (c) Availability of references--(1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of the standard. (i) Anyone can purchase a 
copy of ANSI/ASHRAE Standard 32.1-2004, ``Methods of Testing for Rating 
Vending Machines for Bottled, Canned, and Other Sealed Beverages'' from 
the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc., 1791 Tullie Circle NE., Atlanta, GA 30329-2305, (404) 
636-8400, or http://www.ashrae.org.
    (ii) Anyone can purchase a copy of ANSI/AHAM HRF-1-2004, ``Energy, 
Performance and Capacity of Household Refrigerators, Refrigerator-
Freezers and Freezers,'' from the American National Standards 
Institute, 1819 L Street, NW., 6th floor, Washington, DC 20036, (202) 
293-8020, or http://www.ansi.org.


Sec.  431.294  Uniform test method for the measurement of energy 
consumption of refrigerated bottled or canned beverage vending 
machines.

    (a) Scope. This section provides test procedures for measuring, 
pursuant to EPCA, the energy consumption of refrigerated bottled or 
canned beverage vending machines.
    (b) Testing and Calculations. (1) The test procedure for energy 
consumption of refrigerated bottled or canned beverage vending machines 
shall be conducted in accordance with the test procedures specified in 
section 4, ``Instruments,'' section 5, ``Vending Machine Capacity,'' 
section 6, ``Test Conditions,'' and sections 7.1 through 7.2.3.2, under 
``Test Procedures,'' of ANSI/ASHRAE Standard 32.1-2004, ``Methods of 
Testing for Rating Vending Machines for Bottled, Canned, and Other 
Sealed Beverages.'' (Incorporated by reference, see Sec.  431.293) In 
Section 6.2, ``Voltage and Frequency,'' test equipment with dual 
nameplate voltages at the lower of the two voltages only.
    (2) Determine ``vendible capacity'' of refrigerated bottled or 
canned beverage vending machines in accordance with the second 
paragraph of section 5, ``Vending Machine Capacity,'' of ANSI/ASHRAE 
Standard 32.1-2004, ``Methods of Testing for Rating Vending Machines 
for Bottled, Canned, and Other Sealed Beverages,'' (Incorporated by 
reference, see Sec.  431.293) and measure ``refrigerated volume'' of 
refrigerated bottled or canned beverage vending machines in accordance 
with the methodology specified in section 5.2, ``Total Refrigerated 
Volume,'' (excluding subsections 5.2.2.2 through 5.2.2.4) of the ANSI/
AHAM HRF-1-2004, ``Energy, Performance and Capacity of Household 
Refrigerators, Refrigerator-Freezers and Freezers,'' (Incorporated by 
reference, see Sec. Sec.  431.63 and 431.293).

 [FR Doc. E6-20481 Filed 12-7-06; 8:45 am]
BILLING CODE 6450-01-P