[Federal Register Volume 73, Number 14 (Tuesday, January 22, 2008)]
[Proposed Rules]
[Pages 3653-3655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-938]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 73, No. 14 / Tuesday, January 22, 2008 / 
Proposed Rules  

[[Page 3653]]



DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EERE-2007-BT-STD-0016]
RIN 1904-AB50


Energy Efficiency Program for Consumer Products: Public Meeting 
and Availability of the Framework Document for Fluorescent Lamp 
Ballasts

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

ACTION: Notice of public meeting and availability of the Framework 
Document.

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SUMMARY: The Department of Energy (DOE) is initiating the rulemaking 
and data collection process to consider establishing amended energy 
conservation standards for certain fluorescent lamp ballasts and to 
consider whether energy conservation standards should apply to 
additional fluorescent lamp ballasts. Accordingly, DOE will hold an 
informal public meeting to discuss and receive comments on its planned 
analytical approach and issues it will address in this rulemaking 
proceeding. DOE welcomes written comments from the public on this 
rulemaking. To inform stakeholders and to facilitate this process, DOE 
has prepared a Framework Document which details the analytical approach 
and identifies several issues on which DOE is particularly interested 
in receiving comment. A copy of the Framework Document is available at: 
http://www.eere.energy.gov/buildings/appliance_standards/residential/fluorescent_lamp_ballasts.html. In a separate rulemaking proceeding, 
DOE plans to review and to consider amendments to the test procedures 
used for determining the performance of fluorescent lamp ballasts. 
However, DOE is requesting preliminary comments on the fluorescent lamp 
ballast test procedure in this Framework Document.

DATES: The Department will hold a public meeting on February 6, 2008, 
from 9 a.m. to 4 p.m. in Washington, DC. Any person requesting to speak 
at the public meeting should submit such request along with a signed 
original and an electronic copy of the statement to be given at the 
public meeting before 4 p.m., January 30, 2008. Written comments on the 
Framework Document are welcome, especially following the public 
meeting, and should be submitted by March 7, 2008.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon a possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Stakeholders may submit comments, identified by docket number EERE-
2007-BT-STD-0016 and/or Regulation Identifier Number (RIN) 1904-AB50, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include EERE-2007-
BT-STD-0016 and/or RIN 1904-AB50 in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Framework Document for 
Fluorescent Lamp Ballasts, EERE-2007-BT-STD-0016 and/or RIN 1904-AB50, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Please submit 
one signed paper original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Please submit one signed paper 
original.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to the U.S. Department of Energy, Resource Room of the Building 
Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, 
DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Please call Ms. Brenda Edwards first 
at the above telephone number for additional information regarding 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Graves, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-8654. E-mail: [email protected].
    Mr. Eric Stas or Ms. Francine Pinto, U.S. Department of Energy, 
Office of the General Counsel, GC-72, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Telephone: (202) 586-9507. E-mail: 
[email protected] or [email protected].
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
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. Telephone (202) 586-2945. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Energy Policy and Conservation Act 
(EPCA) of 1975, Pub. L. 94-163 (42 U.S.C. 6291-6309), established an 
energy conservation program for major household appliances. Additional 
amendments to EPCA have given DOE the authority to regulate the energy 
efficiency of several products, including certain fluorescent lamp 
ballasts--the products that are the focus of this notice. Amendments to 
EPCA in the National Appliance Energy Conservation Amendments of 1988 
(NAECA 1988), Pub. L. 100-357, established energy conservation

[[Page 3654]]

standards for fluorescent lamp ballasts.\1\ (42 U.S.C. 6295(g)(5)) A 
table of the standards promulgated by NAECA 1988 can be found in 
Appendix A of the Framework Document. These same amendments also 
required that DOE: (1) Conduct two rulemaking cycles to determine 
whether these standards should be amended; and (2) for each rulemaking 
cycle, determine whether the standards in effect for fluorescent lamp 
ballasts should be amended so that they would be applicable to 
additional fluorescent lamp ballasts. (42 U.S.C. 6295(g)(7)(A)-(B))
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    \1\ Although fluorescent lamp ballasts are typically understood 
to be a product used in the commercial and industrial sectors, it is 
the ``consumer products'' section of the statute which grants 
authority to DOE to cover and regulate this product. In the United 
States Code, Title 42 ``The Public Health and Welfare,'' Chapter 77 
``Energy Conservation,'' Subchapter III ``Improving Energy 
Efficiency,'' there are two parts which cluster together the group 
of products which DOE regulates. First, there is ``Part A--Energy 
Conservation Program for Consumer Products Other than Automobiles'' 
which includes a range of consumer products, some which may be 
classified as being used primarily in the residential sector, such 
as refrigerators, dishwashers and clothes washers. However, Part A 
also includes consumer products that might also be used primarily in 
the commercial sector, such as fluorescent lamps, fluorescent lamp 
ballasts and urinals. Second, Subchapter III has ``Part A-1--Certain 
Industrial Equipment,'' which includes products that are primarily 
used in the commercial and industrial sectors, such as electric 
motors and pumps, and packaged terminal air conditioners and heat 
pumps.
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    On September 19, 2000, DOE published a final rule in the Federal 
Register which completed its first rulemaking cycle to amend energy 
conservation standards for fluorescent lamp ballasts. 65 FR 56740. A 
table of the standards codified by DOE in the Code of Federal 
Regulations (CFR) can be found in Appendix A of the draft Framework 
Document under 10 CFR 430.32(m)(3).
    On August 8, 2005, the Energy Policy Act of 2005 (EPACT 2005), Pub. 
L. 109-58, established energy conservation standards for other 
specified fluorescent lamp ballasts. Specifically, these standards 
established minimum ballast efficacy requirements for ``energy saver'' 
versions of full-wattage ballasts, such as the F34T12 ballast. (EPACT 
section 135(c)(2); codified at 42 U.S.C. 6295(g)(8)(A)) In a final rule 
published in the Federal Register on October 18, 2005, DOE codified 
those new fluorescent lamp ballast standards into the CFR at 10 CFR 
430.32(m). 70 FR 60407. A table of the standards promulgated by EPACT 
2005 can be found in Appendix A of the Framework Document under 42 
U.S.C. 6295(g)(8)(A) and at 10 CFR 430.32(m)(5).
    In summary, fluorescent lamp ballasts that are currently regulated 
under EPCA, as amended, include fluorescent lamp ballasts that are 
designed to operate one and two nominally 40 watt (W) and 34W 4-foot 
T12 medium bipin lamps (F40T12 and F34T12), two nominally 75W and 60W 
8-foot T12 single pin slimline lamps (F96T12 and F96T12/ES), and two 
nominally 110W and 95W 8-foot T12 recessed double contact high output 
lamps (F96T12 and F96T12/ES) at nominal input voltages of 120 or 277 
volts with an input current frequency of 60 hertz. 10 CFR 430.32(m). 
Ballasts that are excluded from regulation include: (1) Ballasts 
designed for dimming to 50 percent or less of its maximum output; (2) 
ballasts designed for use with two F96T12HO lamps at ambient 
temperatures of -20 degrees Fahrenheit ([deg]F) or less and for use in 
an outdoor sign, or ballasts designed for use with two F96T12HO/ES 
lamps at ambient temperatures of 20 [deg]F or less and for use in an 
outdoor sign; \2\ (3) ballasts with a power factor of less than 0.90 
and designed and labeled for use only in residential building 
applications; and (4) replacement ballasts as defined in paragraph 
(m)(4)(ii).\3\ 10 CFR 430.32(m)(2), (m)(4), and (m)(7).
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    \2\ Note that in 10 CFR 430.32(m)(7), the temperature exemption 
granted under EPACT 2005 is slightly different than that contained 
in sections (m)(2) and (m)(4). In subsection (m)(7), ballasts 
designed for use with two F96T12HO/ES lamps at ambient temperatures 
``of 20 degrees F or less'' and designated for use in an outdoor 
sign are exempt from the standards in paragraph (m)(5). The other 
sections require the ballast to be for ambient temperatures of 
negative 20 degrees F or less.
    \3\ The exclusion provided for replacement ballasts requires 
that they meet certain criteria in order to be considered a 
replacement ballast, such as being designed to replace an existing 
ballast in a previously installed luminaire and being marked ``FOR 
REPLACEMENT USE ONLY.'' This exclusion only applies to replacement 
ballasts manufactured on or before June 30, 2010. After that date, 
replacement ballasts will no longer be excluded. (10 CFR 
430.32(m)(4)(ii)(A)) See Appendix A for the exact language of the 
exclusion for replacement ballasts.
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    In addition to establishing energy conservation standards for 
fluorescent lamp ballasts, EPCA established test procedures for 
fluorescent lamp ballasts which incorporate by reference American 
National Standards Institute (ANSI) Standard C82.2-1984, ``For 
Fluorescent Lamp Ballasts--Methods of Measurement'' (42 U.S.C. 
6293(b)(5)). DOE notes that the 1984 version of ANSI Standard C82.2 
internally references other testing methods for magnetic ballasts 
(i.e., ANSI Standard C82.1-1977, ``For Lamp Ballast--Line Frequency 
Fluorescent Lamp Ballast'') but it does not reference testing methods 
for electronic ballasts, which have subsequently been developed (e.g., 
ANSI C82.11-2002, ``For Lamp Ballasts--High Frequency Fluorescent Lamp 
Ballasts''). Because the lighting market is moving towards electronic 
ballasts, DOE intends to review and possibly amend its test procedures 
for fluorescent lamp ballasts in a separate (test procedure) rulemaking 
so as to include test procedures for electronic ballasts. However, DOE 
is inviting comment on its review of the fluorescent lamp ballast test 
procedure in the Framework Document for the energy conservation 
standard rulemaking.
    In addition to considering amending the test procedure to include 
test procedures for electronic ballasts, DOE is directed to amend the 
fluorescent lamp ballast test procedure by the Energy Independence and 
Security Act of 2007 (EISA 2007) (Pub. L. 110-140) signed by the 
President on December 19, 2007. EISA 2007 directs DOE to amend its test 
procedure for fluorescent lamp ballasts to incorporate a measure of 
standby mode and off mode energy use by March 31, 2009 (42 U.S.C. 
6295(gg)(2)(B)(ii)). In addition, pursuant to 42 U.S.C. 6295(o), DOE is 
directed to incorporate standby mode and off mode energy use in any 
amended (or new) standard adopted after July 1, 2010. Because this 
energy conservation standards rulemaking for fluorescent lamp ballasts 
will be completed in 2011, the requirement to incorporate standby mode 
and off mode energy use into the energy conservation standards analysis 
is applicable. EISA 2007 also contains a definition for ``ballast'' and 
``electronic ballast,'' as well as standards for metal halide fixtures, 
but none of these new definitions or requirements changes the analysis 
DOE intends to conduct in the energy conservation standards rulemaking 
for fluorescent lamp ballasts.
    To initiate the second rulemaking cycle to consider amended energy 
conservation standards for fluorescent lamp ballasts, DOE has prepared 
a Framework Document to explain the issues, analyses, and processes it 
anticipates using for the development of potential energy efficiency 
standards for certain fluorescent lamp ballasts. In the Framework 
Document, DOE also presents its initial approach for determining 
whether the standards should be made applicable to specific ballast 
types, when implementing its statutory mandate to consider additional 
fluorescent lamp ballasts. As noted above, DOE will hold a public 
meeting on February 6, 2008 in Washington DC, the main focus of which 
will be to discuss the analyses presented and issues identified in the 
Framework Document. At the public meeting, the

[[Page 3655]]

Department will make a number of presentations, invite discussion on 
the rulemaking process as it applies to certain fluorescent lamp 
ballasts, and solicit comments, data, and information from participants 
and other stakeholders. DOE will also invite comment on DOE's 
preliminary determination regarding the scope of coverage for the 
fluorescent lamp ballast standard. DOE is considering expanding the 
scope of coverage to include additional fluorescent lamp ballasts that 
would be analyzed in the energy conservation standards rulemaking.
    The Department encourages those who wish to participate in the 
public meeting to obtain the Framework Document and to be prepared to 
discuss its contents. A copy of the draft Framework Document is 
available at: http://www.eere.energy.gov/buildings/appliance_standards/residential/fluorescent_lamp_ballasts.html.
    Public meeting participants need not limit their comments to the 
issues identified in the Framework Document. The Department is also 
interested in receiving views concerning other relevant issues that 
participants believe would affect energy conservation standards for 
these products, applicable test procedures, or the preliminary 
determination on the scope of coverage for fluorescent lamp ballasts. 
Furthermore, the Department welcomes all interested parties, whether or 
not they participate in the public meeting, to submit in writing by 
March 7, 2008, comments and information on matters addressed in the 
Framework Document and on other matters relevant to consideration of 
standards for fluorescent lamps ballasts.
    The public meeting will be conducted in an informal, facilitated, 
conference style. There shall be no discussion of proprietary 
information, costs or prices, market shares, or other commercial 
matters regulated by U.S. antitrust laws. A court reporter will record 
the proceedings of the public meeting, after which a transcript will be 
made available for purchase from the court reporter.
    After the public meeting and the close of the comment period on the 
Framework Document, DOE will begin collecting data, conducting the 
analyses as discussed in the Framework Document and at the public 
meeting, and reviewing the comments received.
    DOE considers public participation to be a very important part of 
the process for setting energy conservation standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period in each stage of the rulemaking process. Beginning with 
the Framework Document, and during each subsequent public meeting and 
comment period, interactions with and between members of the public 
provide a balanced discussion of the issues to assist DOE with the 
standards rulemaking process. Accordingly, anyone who would like to 
participate in the public meeting, receive meeting materials, or be 
added to the DOE mailing list to receive future notices and information 
regarding this rulemaking on fluorescent lamp ballasts, should contact 
Ms. Brenda Edwards at (202) 586-2945, or via e-mail at: 
[email protected].

    Issued in Washington, DC, on January 14, 2008.
John F. Mizroch,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.
[FR Doc. E8-938 Filed 1-18-08; 8:45 am]
BILLING CODE 6450-01-P