[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Rules and Regulations]
[Pages 54445-54457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25325]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-TP-0007]
RIN 1904-AB77


Energy Conservation Program: Test Procedures for Fluorescent Lamp 
Ballasts (Standby Mode)

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

ACTION: Final rule.

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

SUMMARY: The U.S. Department of Energy (DOE) is amending its test 
procedures for fluorescent lamp ballasts under the Energy Policy and 
Conservation Act. These amendments address the measurement of energy 
consumption of fluorescent lamp ballasts in the standby mode. These 
amendments do not address energy consumption in off mode, because DOE 
has determined that these products do not operate in off mode.

DATES: This rule is effective November 23, 2009. The incorporation by 
reference of certain publications listed in this rule was approved by 
the Director of the Federal Register on November 23, 2009.

ADDRESSES: You may review copies of all materials related to this 
rulemaking at the U.S. Department of Energy, Resource Room of the 
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600, 
Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda Edwards 
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 Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Telephone: (202) 586-1851. E-mail: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585. 
Telephone: (202) 586-5827. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
into Appendix Q of Subpart B of Title 10, Code of Federal Regulations, 
part 430, the following industry standards from the American National 
Standards Institute (ANSI):
    1. ANSI Standard C82.2-1984, Revision of ANSI C82.2-1977 ``American 
National Standard for Lamp Ballasts--Methods of Measurement,'' October 
21, 1983; and
    2. ANSI Standard C82.2-2002, Revision of ANSI C82.2-1994 (R1995) 
``American National Standard for Lamp Ballasts--Methods of Measurement 
of Fluorescent Lamp Ballasts,'' June 6, 2002.
    Copies of the ANSI standards can be obtained from the American 
National Standards Institute, 25 W. 43rd Street, 4th Floor, New York, 
NY 10036, (212) 642-4900, or http://www.ansi.org. One can also view a 
copy of these standards at the U.S. Department of Energy, Resource Room 
of the Building Technologies Program, 950 L'Enfant Plaza, SW., 6th 
Floor, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

Table of Contents

I. Authority and Background
II. Summary of the Final Rule
III. Discussion
    A. Definitions
    1. Active Mode
    2. Standby Mode
    3. Off Mode
    B. Scope of Applicability
    1. Types of Ballasts Covered
    2. Relationship to Other Rulemakings
    C. Approach
    1. Overview of Test Procedure
    2. Definitions
    3. Test Conditions
    4. Test Method and Measurements
    5. Test Procedure Measurements and Burden
IV. Regulatory Review
    A. Executive Order 12866
    B. National Environmental Policy Act
    C. Regulatory Flexibility Act
    D. Paperwork Reduction Act
    E. Unfunded Mandates Reform Act of 1995
    F. Treasury and General Government Appropriations Act, 1999
    G. Executive Order 13132
    H. Executive Order 12988
    I. Treasury and General Government Appropriations Act, 2001
    J. Executive Order 13211
    K. Executive Order 12630
    L. Section 32 of the Federal Energy Administration Act of 1974
    M. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 
et seq.; EPCA or the Act) sets forth a variety of provisions designed 
to improve energy efficiency. Part A \1\ of Title III (42 U.S.C. 6291-
6309) establishes the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles,'' which covers consumer products (all 
of which are referred to below as ``covered products''), including 
fluorescent lamp ballasts (ballasts). (42 U.S.C. 6291(1)-(2) and 
6292(a)(13))
---------------------------------------------------------------------------

    \1\ For editorial reasons, Part B (Consumer Products) and Part C 
(Commercial Equipment) of Title III of EPCA were redesignated as 
Parts A and A-1, respectively, in the United States Code.
---------------------------------------------------------------------------

    The program consists essentially of testing, labeling, and Federal 
energy conservation standards. The testing requirements consist of test 
procedures that manufacturers of covered products must use as the basis 
for certifying to DOE that their products comply with EPCA energy 
conservation standards and for representing the energy efficiency of 
their products.
    Section 323(b) of EPCA (42 U.S.C. 6293 (b)) authorizes DOE to amend 
or establish new test procedures as appropriate for each covered 
product. It states that ``[a]ny test procedures prescribed or amended 
under this section shall be reasonably designed to produce test results 
which measure energy efficiency, energy use, * * * or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use, as determined by the Secretary [of Energy], and 
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In 
addition, EPCA states that DOE ``shall determine, in the rulemaking 
carried out with respect to prescribing such procedure, to what extent, 
if any, the proposed test procedure would alter the measured energy 
efficiency * * * of any covered product as determined under the 
existing test procedure.'' (42 U.S.C. 6293(e)(1)) If DOE determines 
that the amended test procedure would alter the measured efficiency of 
a covered product, DOE must amend the applicable energy conservation 
standard accordingly. (42 U.S.C. 6293(e)(2))
    For ballasts, the test procedures must be ``in accord with ANSI 
Standard C82.2-1984 or other test procedures determined appropriate by 
the Secretary.'' (42 U.S.C. 6293(b)(5)) DOE's existing test procedures 
for ballasts, adopted pursuant to the above provisions, appear at Title 
10 of the Code of Federal Regulations (CFR) part 430, subpart B, 
appendix Q (``Uniform

[[Page 54446]]

Test Method for Measuring the Energy Consumption of Fluorescent Lamp 
Ballasts'').
    The Energy Independence and Security Act of 2007 (Pub. L. 110-140; 
EISA 2007) was enacted December 19, 2007, and contains numerous 
amendments to EPCA. These include a requirement that DOE must amend the 
test procedures to include standby mode and off mode energy consumption 
in the overall energy efficiency, energy consumption, or other energy 
descriptor for each covered product for which DOE's current test 
procedures do not fully account for standby mode and off mode energy 
consumption. If that is technically infeasible, DOE must prescribe a 
separate standby mode and off mode energy use test procedure, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any such amendment 
must consider the most current versions of International 
Electrotechnical Commission (IEC) Standards 62301 and 62087. Id.
    In a separate rulemaking proceeding, DOE is considering energy 
conservation standards for fluorescent lamp ballasts (docket number 
EERE-2007-BT-STD-0016; hereafter referred to as the ``ballast standards 
rulemaking''). DOE initiated that rulemaking by publishing a Federal 
Register notice announcing a public meeting and availability of the 
Framework Document (``Energy Efficiency Program for Consumer Products: 
Public Meeting and Availability of the Framework Document for 
Fluorescent Lamp Ballasts'') on January 22, 2008. 73 FR 3653. One issue 
DOE raised for comment in the ballast standards rulemaking Framework 
Document related to DOE's obligation to develop a test procedure that 
measures the energy consumed by fluorescent lamp ballasts in standby 
mode and off mode. DOE received comments on this issue from interested 
parties, both orally at the February 6, 2008 Framework public meeting 
and in writing, and DOE addressed these comments in a notice of 
proposed rulemaking (NOPR) for the test procedure published on January 
21, 2009. 74 FR 3450 (hereafter the ``January 2009 NOPR''). DOE 
presented and explained the test procedure proposed rule and received 
oral comments at a public meeting on February 2, 2009. DOE invited 
written comments, data, and other information on the January 2009 NOPR 
and accepted such material through April 6, 2009. Id.
    The amendments contained in section 310(3) of EISA 2007 insert a 
new subsection (gg)(3) into section 325 of EPCA, which in part directs 
that any final rule establishing or revising a standard for a covered 
product adopted after July 1, 2010, shall address standby mode and off 
mode energy use. (42 U.S.C. 6295(gg)(3)) However, pursuant to new 
section 325(gg)(2)(C) of EPCA (42 U.S.C. 6295(gg)(2)(C)), the 
amendments for the test procedure will not apply to the existing energy 
conservation standards for fluorescent lamp ballasts. Instead, the test 
procedure described in today's final rule will lay the groundwork for 
DOE to measure and consider energy consumed in standby mode and off 
mode for the ballast standards rulemaking (scheduled to be completed in 
2011) and future rulemakings. This test procedure will also provide a 
means for determining compliance with any energy conservation standard 
for fluorescent lamp ballasts which DOE adopts that includes such 
energy consumption.

II. Summary of the Final Rule

    In this final rule, DOE is modifying the current test procedures 
for fluorescent lamp ballasts to incorporate a measure of standby mode 
and off mode energy consumption, as required by section 310 of EISA 
2007.
    In the context of fluorescent lamp ballasts, DOE reviewed the 
definitions of ``standby mode'' and ``off mode'' contained in EPCA 
section 325(gg)(1). (42 U.S.C. 6295(gg)(1)) DOE found that while it is 
possible for fluorescent lamp ballasts to operate in standby mode, the 
off mode condition does not apply to fluorescent lamp ballasts because 
they do not operate in this mode. For this reason, today's final rule 
prescribes a test method for measuring power consumed in standby mode 
(see section III.C), but does not prescribe any off mode test method.
    Because no standby mode energy conservation standard for 
fluorescent lamp ballasts currently exists, the introductory sentence 
in subsection 2.2 of appendix Q to subpart B of part 430 prescribed by 
this final rule states that ``[t]he measurement of standby mode power 
need not be performed to determine compliance with energy conservation 
standards for fluorescent lamp ballasts at this time. The above 
statement will be removed as part of the rulemaking to amend the energy 
conservation standards for fluorescent lamp ballasts to account for 
standby mode energy consumption, and the following shall apply on the 
compliance date for such requirements.'' Although its application is 
not currently required, the test method prescribed by this final rule 
will enable DOE to consider the development of standby mode energy 
consumption requirements in the context of the fluorescent lamp ballast 
standards rulemaking.
    As explained in the January 2009 NOPR, the definition of ``standby 
mode'' created by EISA 2007 does not apply to all ballasts. 74 FR 3450, 
3456 (Jan. 21, 2009). Therefore, DOE proposed test procedure amendments 
for standby mode that would apply only to certain ballasts under 
certain operating conditions. See sections III.A and III.B for a 
detailed discussion of the definitions for ``standby mode'' and ``off 
mode'' and of the proposed test procedures for standby mode.
    The amendments contained in this final rule are based on provisions 
contained in and adapted from the current ANSI testing standard, ANSI 
Standard C82.2-2002. DOE's existing test procedure for fluorescent lamp 
ballasts measures the input power for active mode using ANSI Standard 
C82.2-1984, as contained in 10 CFR part 430, subpart B, appendix Q, 
``Uniform Test Method for Measuring the Energy Consumption of 
Fluorescent Lamp Ballasts.'' However, the amendments contained in this 
final rule are based on measuring input power for the standby mode test 
procedure using ANSI Standard C82.2-2002, the most current version of 
that standard. The only difference between the two test procedures 
relates to the interference of testing instrumentation. Specifically, 
the input power measurement of C82.2-2002 reduces the interference of 
instrumentation on the input power measurement as compared to C82.2-
1984. However, because modern instrumentation does not significantly 
interfere with input power measurements, DOE understands that the 
differences between the input power measurements of the two test 
procedures are negligible.
    At this time, DOE is not updating the fluorescent lamp ballast 
active mode test procedure references of ANSI Standard C82.2-1984 
because DOE intends to consider revising the fluorescent lamp ballast 
active mode test procedure in a subsequent rulemaking, as discussed on 
pages 7 through 9 of the framework document and at the Framework 
Document public meeting in the ballast standards rulemaking. (Public 
Meeting Transcript, No. 9 at p. 70) \2\
---------------------------------------------------------------------------

    \2\ A notation in the form ``Public Meeting Transcript, No. 9 at 
pp. 11-12 and 69-78'' identifies a written comment that DOE has 
received and has included in the docket of a rulemaking. This 
particular notation refers to a comment: (1) Submitted during the 
public meeting on February 6, 2008; (2) in document number 9 in the 
docket of this rulemaking; and (3) appearing on page 70 of the 
transcript. In particular, this comment is found in the docket for 
the fluorescent lamp ballast energy conservation standards 
rulemaking (Docket No. EERE-2007-BT-STD-0016, RIN: 1904-AB50).

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

[[Page 54447]]

    As discussed above, EPCA requires that DOE determine to what 
extent, if any, the proposed test procedure would alter the measured 
energy efficiency of a covered product as determined under the current 
test procedure. (42 U.S.C. 6293(e)(1)) The amendments contained in 
today's final rule only add provisions to sections 1, 2, and 3 of 
appendix Q to subpart B of Part 430 to address new definitions, test 
conditions, and methods for measuring standby mode power. These 
amendments do not affect the existing active mode test procedure or 
energy conservation standards in place for fluorescent lamp ballasts, 
because: (1) The existing active mode test procedures are separate from 
and can be applied independent of the standby mode test procedure 
provisions; (2) the current energy conservation standards for 
fluorescent lamp ballasts do not address standby mode energy 
consumption; and (3) the standby mode test procedure requirements do 
not apply until the compliance date set forth in the final rule 
amending the energy conservation standards for fluorescent lamp 
ballasts to account for standby mode energy consumption (anticipated in 
2011). Thus, the test procedure amendments contained in this final rule 
will not change the measurement of the ballast efficacy factor, the 
metric on which the current energy conservation standard is based. In 
addition, EISA 2007 provides that amendments to the test procedures to 
include standby mode and off mode energy consumption shall not be used 
to determine compliance with previously established standards. (42 
U.S.C. 6295(gg)(2)(C)) Thus, inclusion of the standby mode provisions 
in today's final rule amending DOE's fluorescent lamp ballast test 
procedures will not alter the measured fluorescent lamp ballast energy 
efficiency and will not affect a manufacturer's ability to demonstrate 
compliance with the existing energy conservation standards for 
fluorescent lamp ballasts. Based on the circumstances described above, 
DOE believes that the EPCA requirement to address whether a test 
procedure amendment would alter the measured efficiency of a product 
(thereby requiring amendment of existing standards) has been satisfied 
and that no further amendments are necessary. DOE notes that any 
representation regarding fluorescent lamp ballast standby mode energy 
use (such as in manufacturer marketing literature) must be based on the 
test procedure prescribed in this final rule after it becomes 
effective. DOE is currently unaware, however, of any manufacturer 
making such representations. Thus, DOE believes that the test procedure 
in itself will have little (if any) impact on manufacturers unless and 
until DOE establishes efficiency standards addressing standby mode 
energy consumption in the fluorescent ballast standards final rule.
    The final rule also amends the regulations to conform to format 
requirements regarding the incorporation by reference of the ANSI 
standards.

III. Discussion

A. Definitions

    In the January 2009 NOPR, DOE proposed that only active mode and 
standby mode operation are applicable to fluorescent lamp ballasts. DOE 
also proposed that off mode does not exist for a ballast. 74 FR 3450, 
3453 (Jan. 21, 2009). As discussed below, this position remains valid 
for today's final rule.
1. Active Mode
    Although DOE is not directed to adopt a test procedure for active 
mode in section 325(gg) of EPCA, a review of the definition of ``active 
mode'' and DOE's interpretation of its meaning is necessary to clarify 
the definition of ``off mode,'' which uses the term ``active mode.'' 
EPCA section 325(gg)(1)(A)(i) defines ``active mode'' as ``the 
condition in which an energy-using product--(I) Is connected to a main 
power source; (II) has been activated; and (III) provides 1 or more 
main functions.'' (42 U.S.C. 6295(gg)(1)(A)(i)) In the January 2009 
NOPR, DOE stated that the main function of a fluorescent lamp ballast 
is to operate one or more fluorescent lamps (i.e., provide and regulate 
current to the lamps). 74 FR 3450, 3453 (Jan. 21, 2009). DOE also 
stated that the ballast is operating the lamp when the lamp is emitting 
any amount of light. Id.
    In response to the January 2009 NOPR, the National Electrical 
Manufacturers Association (NEMA) questioned how DOE would treat 
ballasts subject to a ``fault load,'' such as ballasts operating under 
conditions where it is not connected to a lamp, is connected to a 
failed lamp, or is connected to a faulty socket. (NEMA, No. 27 at p. 1) 
NEMA commented that this condition is not considered in the European 
Union (EU) definition of ``standby mode'' in Commission Regulation No. 
1265/2008, which states: `` `Standby mode(s)' means a condition where 
the equipment is connected to the mains power source, depends on energy 
input from the main power source to work as intended and provides only 
the following functions, which may persist for an indefinite time:--
Reactivation function, or reactivation function and only an indication 
of enabled reactivation function, and/or--information or status 
display;'' Commission Regulation (EC) No 1275/2008 of 17 December 2008, 
L 339/46 EN Official Journal of the European Union 18.12.2008. (NEMA, 
No. 27 at p. 2)
    In amending its test procedures to account for standby mode and off 
mode energy consumption, Congress instructed DOE to take into account 
the current version of IEC 62301 (EISA 2007, section 310). DOE notes 
that the ``standby mode'' definition in IEC 62301 defines ``standby 
mode'' as the ``lowest power consumption mode which cannot be switched 
off (influenced) by the user and that may persist for an indefinite 
time when an appliance is connected to the main electricity supply and 
used in accordance with the manufacturer's instructions.'' However, 
this IEC definition does not apply to a ballast connected to a ``fault 
load,'' because connecting a ballast to a fault load is not using a 
ballast in accordance with the manufacturer's instructions. Similarly, 
while not controlling here, DOE agrees that ballasts connected to a 
fault load likewise do not meet the EU definition of ``standby mode.'' 
DOE did not address the ``fault load'' condition in the NOPR.
    Upon further consideration and in response to NEMA's comment, DOE 
believes a ballast that is connected to a ``fault load'' is in active 
mode. In fault mode, the ballast meets all three criteria for active 
mode function. More specifically, the ballast is activated, connected 
to mains power, and providing a main function. The main function of a 
ballast connected to a fault load is to apply a voltage across the 
sockets in an attempt to start and operate a lamp if a lamp were 
properly installed. Thus, DOE believes active mode for fluorescent 
ballasts is the condition in which the ballast is providing a regulated 
current to a properly installed functional lamp or providing a voltage 
to the sockets to start and operate a lamp if a functional lamp were 
properly installed. The above clarifies DOE's statement in the January 
2009 NOPR regarding active mode operation of fluorescent lamp ballasts.
2. Standby Mode
    EPCA section 325(gg)(1)(A)(iii) defines ``standby mode'' as ``the 
condition in which an energy-using product--(I) is connected to a main 
power source; and (II) offers 1 or more of the following user-oriented 
or

[[Page 54448]]

protective functions: (aa) To facilitate the activation or deactivation 
of other functions (including active mode) by remote switch (including 
remote control), internal sensor, or timer. (bb) Continuous functions, 
including information or status displays (including clocks) or sensor-
based functions.'' (42 U.S.C. 6295(gg)(1)(A)(iii)) As described below, 
two key aspects of this definition are that fluorescent lamp ballasts 
must: (1) Be connected to a main power source, and (2) offer the 
activation or deactivation of other functions by remote switch or 
internal sensor.
    To be in the ``standby mode'' under the EPCA definition of that 
term in part requires that fluorescent lamp ballasts be connected to 
their main power source. (42 U.S.C. 6295(gg)(1)(A)(iii)) This 
requirement effectively precludes the majority of ballasts from having 
standby mode energy consumption, because most ballasts are operated 
with on-off switches, motion sensors, circuit breakers, or other relays 
that connect main power to switch on the ballast. Once the main power 
source is connected to the ballast, the ballast immediately begins to 
provide voltage to the lamp sockets to start a lamp (if a functional 
lamp were properly installed) and then to provide a regulated current 
to a properly-installed, functional lamp. In this way, the ballast is 
in active mode, as discussed above. Thus, DOE finds that those ballasts 
that are controlled by disconnecting the main power source from the 
ballast never operate in standby mode.
    EPCA's definition of ``standby mode'' also applies to energy-using 
products that facilitate the activation or deactivation of other 
functions by remote switch, internal sensor, or timer. (42 U.S.C. 
6295(gg)(1)(A)(iii)(II)(aa)) DOE interprets this condition as applying 
only to fluorescent lamp ballasts that are designed to operate in, or 
function as, a lighting control system where auxiliary control devices 
send signals to the ballast. An example would be a ballast that 
incorporates a digital addressable lighting interface (DALI). A ballast 
that incorporates a lighting interface like DALI (whether dimming or 
not) has an electronic circuit enabling the ballast to communicate 
with, and receive instructions from, the lighting interface. These 
instructions could tell the ballast to enter active mode or to adjust 
the light output to zero-percent output. In the latter case, the 
ballast no longer provides a regulated voltage and/or current to its 
sockets. Moreover, such ballasts are always connected to a main power 
source without being disconnected by an on-off switch or other type of 
relay. Thus, at zero light output, the ballast is standing by, 
connected to a main power source while it awaits instructions from the 
lighting control system to provide regulated voltage and/or current to 
its sockets. Thus, the only fluorescent lamp ballasts DOE is aware of 
that meet the statutory requirements for standby mode are those 
ballasts that are an active component of a lighting control system. DOE 
did not receive any adverse comments with regard to its interpretation 
of ``standby mode'' for fluorescent ballasts. Therefore, in 
consideration of the above, DOE's interpretation of standby mode 
remains the same as in the January 2009 NOPR. 74 FR 3450, 3453 (Jan. 
21, 2009)
3. Off Mode
    EPCA section 325(gg)(1)(A)(ii) defines ``off mode'' as ``the 
condition in which an energy-using product--(I) Is connected to a main 
power source; and (II) is not providing any standby or active mode 
function.'' (42 U.S.C. 6295(gg)(1)(A)(ii)) DOE considered this 
definition in the context of fluorescent lamp ballasts and finds that 
off mode does not apply to any fluorescent lamp ballast (dimmable or 
non-dimmable), because off mode describes a condition that 
commercially-available ballasts do not attain.
    The definition of ``off mode'' requires that ballasts be connected 
to a main power source and not provide any standby or active mode 
function. (42 U.S.C. 6295(gg)(1)(A)(ii)) It is not possible for 
ballasts to meet these criteria, because there is no condition in which 
the ballast is connected to the main power source and is not in a mode 
already accounted for in either active mode or standby mode (as defined 
previously). Thus, ballasts never meet the second requirement of the 
EPCA definition of ``off mode.'' (42 U.S.C. 6295(gg)(1)(A)(ii)(II)) DOE 
did not receive any adverse comments with regard to its interpretation 
of ``off mode'' for fluorescent ballasts. Therefore, DOE's 
interpretation of ``off mode'' remains the same as in the January 2009 
NOPR: that off mode is not applicable to fluorescent lamp ballasts. 74 
FR 3450, 3453-54 (Jan. 21, 2009). Should circumstances change, DOE may 
revisit this interpretation and propose a test method for measuring off 
mode in fluorescent lamp ballasts.

B. Scope of Applicability

1. Types of Ballasts Covered
    According to the definition set forth in 42 U.S.C. 6291(29)(A), 
``[t]he term `fluorescent lamp ballast' means a device which is used to 
start and operate fluorescent lamps by providing a starting voltage and 
current and limiting the current during normal operation.'' This 
definition indicates that DOE's coverage authority for this test 
procedure extends to many types of ballasts that are not covered by 
standards prescribed by EPCA, such as dimming ballasts. (42 U.S.C. 
6295(g)(6); 42 U.S.C. 6295(g)(8)(C)) As discussed in section III.A.2 of 
this final rule, however, DOE considers standby mode as only applying 
to ballasts that incorporate some kind of lighting control system 
interface; DOE believes these ballasts are the only ones that currently 
satisfy the EPCA definition of ``standby mode.'' (42 U.S.C. 
6295(gg)(1)(A)(iii)) These ballasts are designed with circuitry that 
adds features, including intelligent operation. As discussed in section 
III.A.2, one example of these ballasts would be a DALI-enabled ballast. 
DALI-enabled ballasts have internal circuitry that is fundamentally 
part of the ballast design that remains active and consumes energy, 
even when the ballast is not operating any lamps. DOE is unaware of any 
other types of ballasts that would perform standby mode functions.
    In summary, although this test procedure applies to any 
``fluorescent lamp ballast'' as defined in section 321 of EPCA (42 
U.S.C. 6291(29)(A)), most ballasts would not be subject to the 
provisions pertaining to standby mode because they do not operate in 
the standby mode. DOE finds that the ballasts subject to standby mode 
power measurements would be those that incorporate some electronic 
circuit enabling the ballast to communicate with and be part of a 
lighting control system. Such ballasts could include both dimming 
ballasts and non-dimming ballasts. DOE did not receive any adverse 
comments with regard to its interpretation of the types of ballast 
covered by the standby mode test procedure provisions.
2. Relationship to Other Rulemakings
    DOE is conducting two additional rulemakings on fluorescent lamp 
ballasts. As previously mentioned, DOE initiated a ballast standards 
rulemaking in January 2008, which will evaluate whether to amend the 
energy conservation standards in place for fluorescent lamp ballasts, 
including whether to add standby mode requirements. In that rulemaking 
process, DOE is also considering extending coverage and standards to 
additional fluorescent lamp ballasts, such as dimming ballasts. NEMA 
commented that this fluorescent lamp

[[Page 54449]]

ballast standby mode test procedure rulemaking may slow the market's 
adoption of dimming ballasts, which allow consumers to reduce light 
output and save energy. (NEMA, Public Meeting Transcript, No. 24 at pp. 
34-35) DOE agrees that the majority of ballasts with a lighting control 
interface currently are dimming ballasts. Nevertheless, DOE notes that 
it is required by law to create a test procedure for fluorescent lamp 
ballasts in standby mode. (42 U.S.C. 6295(gg)(2)(A)) Furthermore, EPCA 
requires DOE to consider standby mode and off mode for all energy 
conservation standard final rules issued after July 1, 2010. (42 U.S.C. 
6295(gg)(3)(A)) Because the final energy conservation standard rule for 
fluorescent lamp ballasts is scheduled to be issued in June 2011 (i.e., 
after July 1, 2010), DOE must consider amending the standard to address 
standby mode during that rulemaking. DOE will carefully consider NEMA's 
comment regarding potential impacts on market adoption of dimming 
ballasts in the rulemaking amending the energy conservation standard to 
address standby mode energy consumption.
    The second rulemaking is a test procedure rulemaking concerning 
fluorescent lamp ballast active mode energy consumption, in which DOE 
will consider updating the references to industry standards (found in 
appendix Q to subpart B of 10 CFR part 430) to current versions of the 
industry standards. EPCA requires that test procedures must be ``in 
accord with ANSI standard C82.2-1984 or other test procedures 
determined appropriate by the Secretary.'' (42 U.S.C. 6293(b)(5)) 
Because the industry testing standard ANSI Standard C82.2 was revised 
in the year 2002, DOE is adopting ANSI Standard C82.2-2002 for 
measuring standby power for the test procedure amendments prescribed in 
this final rule. DOE notes that this will result in standby mode power 
measurement requirements that are different, at present, from those in 
the current active mode power test procedure, which references ANSI 
Standard C82.2-1984. However, DOE further notes that use of the standby 
mode provisions of the fluorescent lamp ballast test procedures is not 
required until the compliance date of an amended energy conservation 
standard that addresses standby mode operation, thereby further 
minimizing the impacts of referencing two different versions of the 
same ANSI standard.

C. Approach

1. Overview of Test Procedure
    EPCA section 325(gg)(2)(A) in part directs DOE to establish test 
procedures to include standby mode, ``taking into consideration the 
most current versions of Standards 62301 and 62087 of the International 
Electrotechnical Commission * * *'' (42 U.S.C. 6295(gg)(2)(A)) IEC 
Standard 62087 applies only to audio, video, and related equipment, but 
not to lighting equipment. Thus, IEC Standard 62087 does not apply to 
this rulemaking, so DOE developed today's final rule consistent with 
procedures outlined in IEC Standard 62301, which applies generally to 
household electrical appliances. To develop a test method that would be 
familiar to fluorescent lamp ballast manufacturers, DOE referenced 
language and methodologies presented in ANSI Standard C82.2-2002, ``For 
Lamp Ballasts--Method of Measurement of Fluorescent Lamp Ballasts.''
    Today's final rule test procedure for measuring standby mode energy 
consumption consists of the following steps: (1) A signal is sent to 
the ballast instructing it to reduce light output to zero percent; (2) 
the main input power to the ballast is measured; and (3) the power from 
the control signal path is measured in one or more of three ways, 
depending on how the signal from the control system is delivered to the 
ballast.
    In sections III.C.2 through III.C.4, DOE discusses the amendments 
to section 1 of appendix Q to subpart B of 10 CFR part 430 (hereafter, 
``appendix Q'').
2. Definitions
    Section 1 of appendix Q provides definitions for terms used in the 
test procedure for fluorescent lamp ballasts. DOE is inserting five new 
terms to define terminology used in the test procedure amendments being 
adopted today: (1) AC control signal; (2) DC control signal; (3) PLC 
control signal; (4) standby power; and (5) wireless control signal. 
These new terms support the sections of the test procedure that address 
the measurement of control signal power to fluorescent lamp ballasts 
operating in standby mode. In addition, DOE is listing the terms in 
appendix Q alphabetically. The following text describes the origin of 
the five new terms. DOE did not receive any adverse comments with 
regard to the definitions proposed in the NOPR. Although DOE proposed 
in the NOPR to include a definition for ``ANSI Standard C82.2-2002'' in 
appendix Q, in this final rule, DOE has decided to provide details 
regarding this incorporation by reference in 10 CFR 430.3, consistent 
with the formatting of other industry standards incorporated by 
reference.
    The definition for ``AC control signal'' states that it is ``an 
alternating current (AC) signal that is supplied to the ballast using 
additional wiring for the purpose of controlling the ballast and 
putting the ballast in standby mode.'' Some lighting control systems 
operate by communicating with the ballasts over a separate wiring 
system using an AC voltage. Neither IEC Standard 62301 nor ANSI 
Standard C82.2-2002 define ``AC control signal.'' Therefore, DOE 
drafted the above definition of the term ``AC control signal'' to 
enhance the clarity and understanding of its test procedure--
specifically that an AC control signal is a signal supplied to the 
ballast over a discrete wiring system for the purpose of ballast 
control. In today's test procedure final rule, DOE is requiring that 
the fluorescent lamp ballast's AC control signal power be measured 
through the control signal wiring system.
    The definition of ``DC control signal'' states that it is ``a 
direct current (DC) signal that is supplied to the ballast using 
additional wiring for the purpose of controlling the ballast and 
putting the ballast in standby mode.'' Some lighting control systems 
operate by communicating with the ballasts over a separate wiring 
system using DC voltage. DOE was unable to locate a definition for the 
term ``DC control signal'' in IEC Standard 62301 or ANSI Standard 
C82.2-2002. Therefore, DOE drafted the above definition of a ``DC 
control signal'' to enhance the clarity and understanding of its test 
procedure--specifically, that a DC control signal is a signal supplied 
to the ballast over a discrete wiring system for the purpose of ballast 
control. In today's test procedure final rule, DOE is requiring that 
the fluorescent lamp ballast's DC control signal power must be measured 
through the control signal wiring system.
    The definition of ``PLC control signal'' states that it is ``a 
power line carrier (PLC) signal that is supplied to the ballast using 
the input ballast wiring for the purpose of controlling the ballast and 
putting the ballast in standby mode.'' Some lighting control systems 
operate by communicating with the ballasts over the existing power 
lines that constitute the main power connection. DOE was unable to 
locate a definition for the term ``PLC control signal'' in IEC Standard 
62301 or ANSI Standard C82.2-2002. Therefore, DOE drafted the above 
definition of a ``PLC control signal'' to enhance the clarity

[[Page 54450]]

and understanding of its test procedure--specifically, that a PLC 
control signal is a signal supplied to the ballast over the ballast's 
input power wiring for the purpose of controlling the ballast. In 
today's test procedure final rule, DOE is requiring that the 
fluorescent lamp ballast's PLC control signal power must be measured 
through the ballast input power wiring.
    The definition of ``standby mode'' was provided in EPCA section 
325(gg)(1)(A)(iii). (42 U.S.C. 6295(gg)(1)(A)(iii)) In today's final 
rule, DOE has decided to incorporate this EPCA definition into appendix 
Q.
    The definition of ``wireless control signal'' states that it is ``a 
wireless signal that is radiated to and received by the ballast for the 
purpose of controlling the ballast and putting the ballast in standby 
mode.'' Some lighting control systems operate by communicating with the 
ballasts over a wireless system, much like a wireless computer network. 
DOE was unable to locate a definition for the term ``wireless control 
signal'' in IEC Standard 62301 or ANSI Standard C82.2-2002. Therefore, 
DOE drafted the above definition of a ``wireless control signal'' to 
enhance the clarity and understanding of its test procedure--
specifically, that a wireless control signal is a signal radiated from 
the lighting control system to the ballast for the purpose of 
controlling the ballast.
3. Test Conditions
    Section 2 of appendix Q provides the required test conditions for 
measuring the performance of fluorescent lamp ballasts. DOE is 
modifying section 2 to establish new test conditions only for the 
measurement of standby mode energy consumption. This will not affect 
the existing test conditions required for measuring the ballast 
efficacy factor in the current fluorescent lamp ballast test procedure. 
Section 2 is now subdivided into two subsections, 2.1 and 2.2. 
Subsection 2.1 contains the same requirements previously in section 2, 
based on the test conditions contained in ANSI Standard C82.2-1984, for 
the purpose of measuring the ballast efficacy factor in active mode. 
Subsection 2.2 is structured in the same way as subsection 2.1; 
however, it is for the purpose of measuring energy consumed in standby 
mode, and the test conditions are based on ANSI Standard C82.2-2002. 
DOE acknowledges that the ANSI standards referenced in subsections 2.1 
and 2.2 differ in areas related to the interference of testing 
instrumentation. Specifically, DOE believes the input power measurement 
of ANSI Standard C82.2-2002 reduces the interference of instrumentation 
on the input power measurement as compared to ANSI Standard C82.2- 
1984. However, DOE also believes that because modern instrumentation 
does not significantly interfere with input power measurements, the 
differences between the input power measurements of the two test 
procedures are negligible. To address this difference and any other 
differences between the two ANSI standards, DOE will conduct a separate 
test procedure rulemaking on the existing (active mode) fluorescent 
lamp ballast test procedure; in that rulemaking, DOE will evaluate and 
consider updating the referenced ANSI standard in subsection 2.1. DOE 
will also evaluate and consider combining subsections 2.1 and 2.2 into 
one section.
    The standby mode test procedure proposed by DOE in the January 2009 
NOPR refers the reader to sections 5, 7, and 8 of ANSI Standard C82.2-
2002 for all test conditions. These sections of the ANSI standard 
describe requirements for ballast electrical supply characteristics, 
test measurement circuits, and measurement instruments. The standard 
does not discuss configuration requirements for ballasts that can 
connect to control devices (sensors) or ballasts that can interface 
with circuitry for multiple types of control signals. NEMA commented 
that fluorescent lamp ballasts that can connect to control sensors do 
not represent the typical ballast configuration in a lighting system, 
and that the standby power of such ballasts should be measured with all 
control sensors disconnected from the ballast. (NEMA, No. 27 at p. 3) 
DOE acknowledges that the typical ballast installed in a lighting 
system may not have connections to control sensors and that a standby 
power measurement of a ballast with such devices attached will 
incorporate any energy that the ballast provides to these control 
sensors. DOE, however, interprets section 310(3) of EISA 2007 (42 
U.S.C. 6295(gg)(2)) as requiring the establishment of a standby mode 
test procedure for all fluorescent lamp ballasts to which standby mode 
applies, because the statute does not limit coverage to only typical 
ballasts in lighting systems. Therefore, DOE is amending the 
fluorescent lamp ballast test procedure to cover ballasts in both 
typical and atypical configurations. Thus, DOE has added configuration 
requirements to section 2.2 of the test procedure, which now states 
that ``[f]luorescent lamp ballasts that are capable of connections to 
control devices shall be tested with all commercially available 
compatible control devices connected in all configurations supported by 
manufacturer literature. For each configuration, a separate measurement 
of standby power shall be made in accordance with section 3.5 of the 
test procedure.'' DOE believes that this revision enables the 
prescribed test procedure to characterize the maximum energy 
consumption of any fluorescent lamp ballast that features a standby 
mode.
    DOE is also correcting the acronym used in existing section 2 for 
the American National Standard Institute, which is shown as ``ANIS'' 
instead of ``ANSI.'' For clarity and also for consistency with other 
parts of the statute, DOE has also added two references to section 
430.3 titled ``Materials incorporated by reference'' for information on 
obtaining ANSI Standard C82.2-1984 and ANSI Standard C82.2-2002. DOE 
notes that ANSI Standard C82.2-1984 is referenced by section 2.1 of the 
prescribed test procedure, while section 2.2 of the test procedure 
references ANSI Standard C82.2-2002. For clarity, all of section 2.1 is 
shown in this final rule notice as adopted new language, although the 
only actual changes to section 2.1 are the acronym correction, the 
reference to section 430.3, and the addition of a sentence that reads, 
``The test conditions described in this subsection (2.1) are applicable 
to subsections 3.3 and 3.4 of section 3, Test Method and 
Measurements.''
4. Test Method and Measurements
    Section 3 of appendix Q provides the test method and measurements 
associated with the fluorescent lamp ballast test procedure. This 
section references requirements for instrumentation and all the steps a 
technician must follow when measuring ballast performance. In today's 
final rule, DOE is not changing any of the existing requirements or 
steps associated with testing for determining the ballast efficacy 
factor. Instead, DOE is adding new steps at the end of section 3 that 
describe the procedure that must be followed for measuring energy 
consumed during ballast operation in standby mode.
    In subsection 3.1, DOE is adding a new sentence: ``The test for 
measuring standby mode energy consumption of fluorescent lamp ballasts 
shall be done in accordance with ANSI Standard C82.2-2002.'' DOE notes 
that the first sentence in subsection 3.1 states, ``The test method for 
testing fluorescent lamp ballasts shall be done in accordance with ANSI 
Standard C82.2-1984.'' These two sentences in subsection 3.1 prescribed 
by this final rule create a

[[Page 54451]]

bifurcated test setup, requiring technicians to conduct the active mode 
testing on a fluorescent lamp ballast using conditions in ANSI Standard 
C82.2-1984 and then to test standby mode energy consumption using 
conditions in ANSI Standard C82.2-2002. However, DOE intends to 
initiate another fluorescent lamp ballast test procedure rulemaking 
that would consider the usage of one standard for all fluorescent lamp 
ballast energy consumption testing, for consistency and clarity. While 
today's test procedure will become effective 30 days after publication 
of this final rule, manufacturers will not be required to use the 
standby provisions of this test procedure to demonstrate compliance 
with the energy conservation standards for fluorescent lamp ballasts 
unless and until DOE amends the energy conservation standards to 
address standby mode energy consumption in a subsequent final rule 
which is scheduled to be completed in 2011, as explained in the January 
2008 Framework Document for that rulemaking. 73 FR 3653, 3654 (Jan. 22, 
2008). However, DOE notes that any representation regarding fluorescent 
lamp ballast standby mode energy use (such as in manufacturer marketing 
literature) must be based on the test procedure prescribed in this 
final rule after it becomes effective. DOE is currently unaware, 
however, of any manufacturer making such representations. Thus, DOE 
believes that the test procedure in itself will have little (if any) 
impact on manufacturers unless and until DOE establishes efficiency 
standards in the fluorescent ballast standards final rule.
    In subsection 3.5, DOE has inserted the test method for measuring 
standby mode power. In this subsection, DOE directs the technician to 
send a signal to the ballast under test, instructing the ballast to 
have zero light output using the appropriate ballast communication 
protocol or system for that ballast. Next, the technician must measure 
the input power (in watts) to the ballast in accordance with ANSI 
Standard C82.2-2002. Finally, the technician measures the control 
signal power from the ballast control signal path using methods for all 
of the following signal path types that are applicable to the ballast: 
(1) An AC control signal path; (2) a DC control signal path; or (3) a 
power line carrier (PLC) control signal path, depending on the type of 
path or paths that the ballast employs.
    The measurement of input power to the ballast from the main 
electricity supply is based on the approach in ANSI Standard C82.2-
2002, section 13. This measurement parallels the approach DOE followed 
in subsection 3.3.1 of the existing test procedure for fluorescent lamp 
ballasts, in which technicians are directed to measure the input power 
(watts) to the ballast in accordance with ANSI Standard C82.2-1984, 
section 3.2.1(3) and section 4. The requirements of ANSI Standard 
C82.2-1984 have been combined into section 13 in ANSI Standard C82.2-
2002. Thus, the test measurements of ballast input power are required 
to be done in accordance with the appropriate sections of the industry 
test method.
    NEMA commented on the measurement equipment in the ballast input 
power measurement method proposed in the January 2009 NOPR. NEMA 
expressed concern that the test procedure and a schematic shown at the 
public meeting could be interpreted as requiring the determination of 
input power to a ballast by separate measurements of voltage and 
current. NEMA requested clarification of the roles of the ammeter and 
volt-meter in the measurement of input power. (NEMA, No. 27 at p. 2) In 
response, DOE notes that the test procedure does not require the 
separate measurement of input power current and voltage. To clarify the 
test procedure measurement method, DOE has inserted revised schematics 
into sections 3.5.2, 3.5.3.1, and 3.5.3.3 of the test procedure that 
are based on the schematic shown in Figure 2 of section 7 in ANSI 
C82.2-2002. This figure indicates the presence of a power analyzer with 
internal wattage, voltage, and current measurement devices connected as 
shown in the schematic.
    In subsection 3.5.3 of today's test procedure final rule, DOE 
requires a measurement of control signal power. DOE is aware of four 
possible ways to deliver a control signal to a fluorescent lamp 
ballast: (1) A dedicated AC control signal wire; (2) a dedicated DC 
control signal wire; (3) a PLC control signal over the main supply 
input wires; and (4) a wireless control signal. The test procedure 
requires measurement of the lighting control signal power and lists 
three methods for measuring that power, depending on which type of 
lighting control signal is used. DOE incorporates three circuit 
diagrams in sections 3.5.3.1, 3.5.3.2, and 3.5.3.3 to clearly present 
the method of measurement for each type of control system communication 
protocol.
    The test procedure proposed in the January 2009 NOPR characterized 
fluorescent lamp ballasts featuring standby mode that utilized one type 
of control signal connection. It is technically feasible for a ballast 
to feature more than one type of control signal connection. For this 
final rule, DOE has revised section 3.5.3 of the test procedure to 
indicate that ``[t]he power from the control signal path will be 
measured using all applicable methods described'' in sections 3.5.3.1 
through 3.5.3.4 of the test procedure so that the procedure is capable 
of determining the maximum energy consumption of a fluorescent lamp 
ballast in standby mode.
    As to the fourth approach, DOE estimates that the power supplied to 
a ballast using a wireless signal is well below 1.0 watt. NEMA agreed 
that for wireless control signals, the majority of the receiver power 
would be generated in the ballast, rather than being carried wirelessly 
to the ballast. (NEMA, Public Meeting Transcript, No. 24 at p. 28) DOE 
has excluded from the test procedure a measurement of wireless signal 
power for these reasons.
    DOE received three other comments from interested parties on the 
measurement of control signal power. First, NEMA stated that equipment 
used to measure PLC power must be capable of measuring the appropriate 
frequencies, as the power distributed over the input ballast wiring 
would also include the PLC power. (NEMA, No. 27 at p. 2) DOE agrees 
with this comment and notes that section 3.5.3.3 of the test procedure 
requires the usage of a wattmeter of ``a frequency response that is at 
least 10 times higher than the PLC being measured'' in conjunction with 
a high-pass filter ``to filter out power at 60 Hertz.'' DOE believes 
that a high-pass-filtered wattmeter with such a frequency response will 
accurately measure the PLC signal; thus, DOE has made no change to the 
wattmeter requirements for PLC measurement in this final rule.
    Second, the People's Republic of China (``P.R. China'') commented 
that DOE did not consider issues with electromagnetic compatibility 
(EMC) associated with the PLC signal in the January 2009 NOPR. P.R. 
China is concerned that electromagnetic interference from the PLC 
signal could significantly affect the measurement of standby power. 
(P.R. China, No. 26 at p. 2) DOE understands that if the PLC signal 
were a very high-frequency signal (e.g., with a frequency in the 
megahertz (MHz) range), then the electromagnetic interference from the 
signal would affect the standby power measurement significantly (i.e., 
cause variances in the input power measurement by more than one watt). 
However, PLC signals to fluorescent ballasts are on the order of 20 
kilohertz (kHz). According to industry experts, any variance in the 
input power due to electromagnetic interference at frequencies of this

[[Page 54452]]

magnitude are insignificant (i.e., variance would be much less than a 
watt). In fact, the Federal Communications Commission only regulates 
PLC measurements from 150 kHz to 30 MHz so that conducted emissions in 
this frequency range do not interfere with nearby radio receivers. (47 
CFR 15 Subpart B) Accordingly, DOE has determined that shielding PLC 
measurements from electromagnetic interference for ballasts is 
unnecessary. As a result, DOE has not modified the test procedure to 
include shielding in today's final rule.
    Third, NEMA commented on the intent of the circuit diagrams in 
sections 3.5.3.1, 3.5.3.2, and 3.5.3.3 of the test procedure regarding 
the measurement of control signal power. NEMA expressed concern that it 
is not clear that the intent of the circuit diagrams in sections 
3.5.3.1, 3.5.3.2, and 3.5.3.3 is to measure only the control signal 
power to the ballast as opposed to the control system. (NEMA, Public 
Meeting Transcript, No. 24 at pp. 21-23) DOE believes that the intent 
of the diagrams (that only the control signal to the ballast should be 
measured) is clear, as they are similar to diagrams measuring the 
ballast input power in ANSI Standard C82.2-2002. Therefore, DOE has 
decided not to modify the circuit diagrams further for today's final 
rule.
    NEMA also commented on the measurement of ballast input power and 
control signal power for ballasts that feature control signal device 
power supplies. NEMA commented that the measurement method proposed in 
the January 2009 NOPR is inappropriate for ballasts that use control 
devices powered by the ballast itself (i.e., the power supply for the 
control sensors is built into the ballast), as the test procedure would 
measure the energy consumed by the control sensor power supply when the 
ballast is in standby mode. NEMA recommended that the ballast input 
power measurement method should apply only when the control device 
power supply is external to the ballast. NEMA commented that the 
proposed method would limit innovation by encouraging system designers 
to use control signal device power supplies separate from ballasts. 
(NEMA, No. 27 at p. 3) DOE agrees that the measurement method would 
measure the energy consumed by any control sensor power supply internal 
to a ballast when the ballast is in standby mode. The typical ballast 
in a lighting system may not have such power supplies; however, as 
explained previously, DOE interprets section 310(3) of EISA 2007 (42 
U.S.C. 6295(gg)(2)) as requiring the establishment of a standby mode 
test procedure for all fluorescent lamp ballasts that feature a standby 
mode, not only typical ballasts in lighting systems. It also would be 
burdensome to measure the energy consumed only by the elements of a 
ballast that are not related to the distribution of energy to control 
sensors, as such measurement would likely require the dismantling of a 
ballast. DOE will consider the impacts of fluorescent lamp ballast 
standby mode energy conservation standards on utility, consumers, the 
Nation, and other elements in the ballast standards rulemaking.
    NEMA also suggested that the standby power of fluorescent lamp 
ballasts with internal control device power supplies should be 
determined solely by the input power measurement method. (NEMA, No. 27 
at p. 3) DOE disagrees that only the input power measurement should be 
used for ballasts that feature control signal device power supplies. 
Because DOE's interest is energy savings for consumers and the Nation, 
DOE wishes to produce a test procedure that can determine the maximum 
energy consumption of a fluorescent lamp ballast in standby mode. This 
requires a measurement of ballast input power as well as control signal 
power of any control signal types that a ballast supports, regardless 
of whether the ballast features a control signal device power supply. 
Therefore, DOE has retained the test procedure's required measurements 
of control signal power and input power of a fluorescent lamp ballast 
in standby mode for this final rule.
5. Test Procedure Measurements and Burden
    The fluorescent lamp ballast standby mode energy consumption test 
procedure prescribed in this final rule is consistent with IEC Standard 
62301 and follows testing approaches used in ANSI Standard C82.2-2002. 
The procedure requires measurements of the input power of the ballast 
in standby mode and the control signal power of the ballast in standby 
mode, including measurements for all applicable control signal types 
and all manufacturer-supported configurations of control sensors 
connected to the ballast (according to manufacturer literature). DOE 
acknowledges that it does not indicate how to combine these measured 
values or use them in equations. DOE believes, however, that these 
measurements of standby mode power consumption will be necessary for 
the development of future energy conservation standards for fluorescent 
lamp ballasts, and such issues will be addressed at that time, as 
necessary.
    The test procedure prescribed in this final rule, as required by 
EPCA section 325(gg), is designed to produce results that measure power 
consumption in an accurate and repeatable manner, and should not be 
unduly burdensome on manufacturers to conduct, because it requires only 
one additional measurement using a test setup that is already commonly 
used in the industry for measuring ballast power consumption. 
Manufacturers are not currently required to measure standby mode power 
in order to determine compliance with energy conservation standards for 
fluorescent lamp ballasts, as the current energy conservation standards 
for such ballasts do not include a standby mode energy consumption 
requirement. However, DOE notes that any representation regarding 
fluorescent lamp ballast standby mode energy use (such as in 
manufacturer marketing literature) must be based on the test procedure 
prescribed in this final rule once it becomes effective. DOE is 
currently unaware, however, of any manufacturer making such 
representations. For these two reasons, DOE believes that today's test 
procedure amendments will have little (if any) impact on manufacturers 
unless and until DOE adopts fluorescent lamp ballast energy 
conservation standards that include standby mode energy consumption 
requirements. In addition, if DOE adopts such requirements, DOE 
believes that the test procedure adopted in this final rule would not 
be unduly burdensome. The amended test procedures requires a technician 
to make one additional measurement using a test setup that is already 
commonly used in the industry for measuring active mode ballast energy 
consumption. In addition, as stated in today's final rule, standby mode 
only applies to a very small subset of fluorescent lamp ballasts (i.e., 
those enabled to operate on lighting control systems), and, therefore, 
the vast majority of ballasts sold would not be affected by today's 
amendments.
    Concerning test procedure burden, NEMA commented that the test 
procedure proposed by DOE in the January 2009 NOPR adds workload to 
manufacturers for little or no benefit because DALI ballasts account 
for approximately 0.15 percent of ballast sales in the United States 
and are expected to remain low in sales volume over the next 5 years. 
(NEMA, No. 27 at p. 3) DOE is aware that the test procedure may add 
some incremental degree of burden to manufacturers. However, this 
rulemaking addresses the

[[Page 54453]]

creation of a test procedure for fluorescent lamp ballasts in standby 
mode, as required by section 310(3) of EISA 2007. (42 U.S.C. 
6295(gg)(2)) The benefits of energy conservation standards will be 
characterized and quantified in the ballast standards rulemaking. For 
these reasons, DOE has continued with the creation of a test procedure 
for fluorescent lamp ballasts in standby mode. DOE has determined that 
the test procedure adopted in today's rulemaking is not unduly 
burdensome to conduct, as required by EPCA and discussed above. (42 
U.S.C. 6293(b)(3))

IV. Regulatory Review

A. Executive Order 12866

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

B. National Environmental Policy Act

    In this final rule, DOE is adopting the test procedure amendments 
that it expects will be used to develop and implement future energy 
conservation standards for fluorescent lamp ballasts. DOE has 
determined that this rule is covered under a class of actions 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., and DOE's 
implementing regulations at 10 CFR part 1021. This rule amends an 
existing rule without changing its environmental effect, and, 
therefore, is covered by the Categorical Exclusion A5 found in appendix 
A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

C. 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 number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the DOE Office of the General 
Counsel's Web site (http://www.gc.doe.gov).
    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 certified in the January 2009 NOPR that the 
proposed rule would not have a significant impact on a substantial 
number of small entities. 74 FR 3450, 3457 (Jan. 21, 2009). As part of 
this rulemaking, DOE examined the existing compliance costs 
manufacturers already bear and compared them to the revised compliance 
costs, based on the proposed revisions to the test procedure. While it 
is true that manufacturers making any public representation of the 
standby power consumption of their ballasts would be required to use 
this test procedure, DOE does not find that the burden imposed by the 
revisions in this document would result in any significant increase in 
testing or compliance costs. Rather, the technician is required to make 
one additional measurement using a test setup that is already commonly 
used in the industry for measuring ballast power consumption. In 
addition, as stated in today's final rule, standby mode only applies to 
a very small subset of fluorescent lamp ballasts (i.e., those enabled 
to operate on lighting control systems), and, therefore, the vast 
majority of ballasts sold would not be affected by today's test 
procedure amendments. Accordingly, DOE has not prepared a regulatory 
flexibility analysis for this rulemaking. DOE's certification and 
supporting statement of factual basis are provided again in this notice 
to the Chief Counsel for Advocacy of the Small Business Administration 
pursuant to 5 U.S.C. 605(b).
    DOE did not receive any comments addressing small business impacts 
for manufacturers of fluorescent lamp ballasts. Thus, DOE reaffirms and 
certifies that this rule will have no significant economic impact on a 
substantial number of small entities.

D. Paperwork Reduction Act

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) which has been approved by OMB 
under control number 1910-1400. Public reporting burden for compliance 
reporting for energy and water conservation standards is estimated to 
average 30 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to DOE (see ADDRESSES) and by e-
mail to [email protected].
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; UMRA) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Subsection 101(5) of title I of that law defines a 
Federal intergovernmental mandate to include any regulation that would 
impose on State, local, or Tribal governments an enforceable duty, 
except a condition of Federal assistance or a duty arising from 
participating in a voluntary Federal program. For proposed 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 Federal agencies 
to publish estimates of the resulting costs, benefits, and other 
effects on the national economy (2 U.S.C. 1532(a), (b)). UMRA also 
requires Federal agencies to develop an effective process to permit 
timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant intergovernmental mandate.'' 
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. 
(This policy is also available at http://www.gc.doe.gov.) Today's final 
rule contains neither an intergovernmental mandate, nor a mandate that 
may result in the expenditure of $100 million or more in any year. 
Accordingly, no further assessment or analysis is required under

[[Page 54454]]

the Unfunded Mandates Reform Act of 1995.

F. Treasury and General Government Appropriations Act, 1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277; 5 U.S.C. 601 note) requires Federal 
agencies to issue a Family Policymaking Assessment for any rule that 
may affect family well-being. Today's 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.

G. Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999) imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE has examined this 
final rule and has determined that it would 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. Accordingly, 
no further action is required under Executive Order 13132.

H. 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 (Feb. 7, 1996) imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this rule meets the relevant standards of Executive Order 12988.

I. Treasury and General Government Appropriations Act, 2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (Pub. L. 106-554; 44 U.S.C. 3516 note) provides for agencies 
to review most disseminations of information to the public under 
guidelines established by each agency pursuant to general guidelines 
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 
2002). DOE has reviewed today's rule under the OMB and DOE guidelines 
and has concluded that it is consistent with applicable policies in 
those guidelines.

J. Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001) requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates 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 of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use. Today's regulatory 
action is not a significant regulatory action under Executive Order 
12866. Moreover, it would not have a significant adverse effect on the 
supply, distribution, or use of energy. It has likewise not been 
designated by the Administrator of OIRA as a significant energy action. 
Therefore, it is not a significant energy action, and, accordingly, DOE 
has not prepared a Statement of Energy Effects.

K. Executive Order 12630

    Pursuant to Executive Order 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights,'' 53 FR 
8859 (March 15, 1988), DOE has determined that this rule would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

L. Section 32 of the Federal Energy Administration Act of 1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977 (15 U.S.C. 788; FEAA). 
Section 32 essentially provides in part that, where a proposed rule 
authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    Today's final rule incorporates testing methods contained in the 
following commercial standards: ANSI Standard C82.2-1984, ``American 
National Standard for Fluorescent Lamp Ballasts--Method of Measurement, 
1984,'' and ANSI Standard C82.2-2002, ``American National Standard for 
Lamp Ballasts--Method of Measurement of Fluorescent Lamp Ballasts, 
2002.'' The Department has evaluated these standards and is unable to 
conclude whether they fully comply with the requirements of section 
32(b) of the FEAA, (i.e., that they were developed in a manner that 
fully provides for public participation, comment, and review). 74 FR 
3450, 3459 (Jan. 21, 2009). DOE has consulted with the Attorney General 
and the Chairman of the FTC

[[Page 54455]]

concerning the impact on competition of requiring manufacturers to use 
the test methods contained in these standards, and neither 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 today's rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 801(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on September 17, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

0
For the reasons stated in the preamble, part 430 of Chapter II of Title 
10, Code of Federal Regulations, is amended 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 430.3 is amended by:
0
a. Redesignating paragraph (c)(12) as (c)(13);
0
b. Adding a new paragraph (c)(12);
0
c. Redesignating paragraphs (d), (e), (f), (g), (h), (i), (j), (k), 
(l), (m), and (n) as (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), 
and (o) respectively; and
0
d. Adding a new paragraph (d).
    The additions read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (c) * * *
    (12) ANSI Standard C82.2-2002, Revision of ANSI C82.2-1994 (R1995), 
American National Standard for Lamp Ballasts--Method of Measurement of 
Fluorescent Lamp Ballasts, approved June 6, 2002, IBR approved for 
Appendix Q to Subpart B.
* * * * *
    (d) ANSI Reseller. Global Engineering Documents, 15 Inverness Way, 
East Englewood, CO 80112, Phone: 800.854.7179 or 303.397.7956, http://www.global.ihs.com, E-mail: [email protected]. DOE does not endorse any 
particular reseller and notes that other resellers may also have the 
superseded standard for sale. Consult http://webstore.ansi.org/ for 
more information on additional resellers.
    (1) ANSI C82.2-1984, Revision of ANSI C82.2-1977, American National 
Standard for Fluorescent Lamp Ballasts--Method of Measurement, approved 
October 21, 1983, IBR approved for Appendix Q to Subpart B.
    (2) [Reserved].
* * * * *

0
3. Section 430.23 is amended by redesignating paragraph (q)(4) as 
paragraph (q)(5) and adding a new paragraph (q)(4) to read as follows:


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

* * * * *
    (q) Fluorescent Lamp Ballasts. * * *
    (4) Standby power consumption of certain fluorescent lamp ballasts 
shall be measured in accordance with section 3.5 of appendix Q to 
Subpart B of Part 430.
* * * * *

0
4. Appendix Q to Subpart B of Part 430 is amended by:
0
a. Redesignating paragraphs 1.12 through 1.16 as paragraphs 1.15 
through 1.19; paragraphs 1.3 through 1.11 as paragraphs 1.5 through 
1.13; and paragraphs 1.1 and 1.2 as paragraphs 1.2 and 1.3, 
respectively.
0
b. Removing from redesignated paragraphs 1.5 through 1.10, and 
redesignated paragraphs 1.15 through 1.17, and paragraphs 3.2, 3.31, 
3.3.2, 3.3.3, 3.4.1 and 3.4.2, ``S(s)tandard'' after the word ``ANSI'' 
and adding ``(incorporated by reference; see Sec.  430.3)'' before the 
period at the end of each paragraph.
0
c. Adding new paragraphs 1.1, 1.4, 1.14, 1.20 and 3.5
0
d. Revising redesignated paragraph 1.19 and paragraphs 2 and 3.1.
    These revisions and additions read as follows:

Appendix Q to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Fluorescent Lamp Ballasts

1. Definitions

    1.1 AC control signal means an alternating current (AC) signal 
that is supplied to the ballast using additional wiring for the 
purpose of controlling the ballast and putting the ballast in 
standby mode.
* * * * *
    1.4 DC control signal means a direct current (DC) signal that is 
supplied to the ballast using additional wiring for the purpose of 
controlling the ballast and putting the ballast in standby mode.
* * * * *
    1.14 PLC control signal means a power line carrier (PLC) signal 
that is supplied to the ballast using the input ballast wiring for 
the purpose of controlling the ballast and putting the ballast in 
standby mode.
* * * * *
    1.19 Standby mode means the condition in which an energy-using 
product--
    (a) Is connected to a main power source; and
    (b) Offers one or more of the following user-oriented or 
protective functions:
    (i) To facilitate the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer.
    (ii) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions.
    1.20 Wireless control signal means a wireless signal that is 
radiated to and received by the ballast for the purpose of 
controlling the ballast and putting the ballast in standby mode.

2. Test Conditions

    2.1 Measurement of Electric Supply and Light Output. The test 
conditions for testing fluorescent lamp ballasts shall be done in 
accordance with the ANSI C82.2-1984, (incorporated by reference; see 
Sec.  430.3). Any subsequent amendment to this standard by the 
standard-setting organization will not affect the DOE test 
procedures unless and until amended by DOE. The test conditions are 
described in sections 4, 5, 6, 7, and 21 of ANSI C82.2-1984. The 
test conditions described in this section (2.1) are applicable to 
sections 3.3 and 3.4 of section 3, Test Method and Measurements.
    2.2 Measurement of Standby Mode Power. The measurement of 
standby mode power need not be performed to determine compliance 
with energy conservation standards for fluorescent lamp ballasts at 
this time. The above statement will be removed as part of the 
rulemaking to amend the energy conservation standards for 
fluorescent lamp ballasts to account for standby mode energy 
consumption, and the following shall apply on the compliance date 
for such requirements.
    The test conditions for testing fluorescent lamp ballasts shall 
be done in accordance with the American National Standard Institute 
ANSI C82.2-2002 (incorporated by reference; see Sec.  430.3). Any 
subsequent amendment to this standard by the standard-setting 
organization will not affect the DOE test procedures unless and 
until amended by DOE. The test conditions for measuring standby 
power are described in sections 5, 7, and 8 of ANSI C82.2-2002. The 
test conditions described in this section (2.2) are applicable to 
section 3.5 of 3, Test Method and Measurements. Fluorescent lamp 
ballasts

[[Page 54456]]

that are capable of connections to control devices shall be tested 
with all commercially available compatible control devices connected 
in all possible configurations. For each configuration, a separate 
measurement of standby power shall be made in accordance with 
section 3.5 of the test procedure.

3. Test Method and Measurements

    3.1 The test method for testing fluorescent lamp ballasts shall 
be done in accordance with ANSI C82.2-1984 (incorporated by 
reference; see Sec.  430.3). The test for measuring standby mode 
energy consumption of fluorescent lamp ballasts shall be done in 
accordance with ANSI C82.2-2002 (incorporated by reference; see 
Sec.  430.3).
* * * * *

3.5 Standby Mode Power Measurement

    3.5.1. Send a signal to the ballast instructing it to have zero 
light output using the appropriate ballast communication protocol or 
system for the ballast being tested.
    3.5.2 Input Power. Measure the input power (watts) to the 
ballast in accordance with ANSI C82.2-2002, section 13, 
(incorporated by reference; see Sec.  430.3).
    3.5.3 Control Signal Power. The power from the control signal 
path will be measured using all applicable methods described below.
    3.5.3.1 AC Control Signal. Measure the AC control signal power 
(watts), using a wattmeter (W), connected to the ballast in 
accordance with the circuit shown in Figure 1.
[GRAPHIC] [TIFF OMITTED] TR22OC09.001

    3.5.3.2 DC Control Signal. Measure the DC control signal 
voltage, using a voltmeter (V), and current, using an ammeter (A), 
connected to the ballast in accordance with the circuit shown in 
Figure 2. The DC control signal power is calculated by multiplying 
the DC control signal voltage and the DC control signal current.
[GRAPHIC] [TIFF OMITTED] TR22OC09.002

    3.5.3.3 Power Line Carrier (PLC) Control Signal. Measure the PLC 
control signal power (watts), using a wattmeter (W), connected to 
the ballast in accordance with the circuit shown in Figure 3. The 
wattmeter must have a frequency response that is at least 10 times 
higher than the PLC being measured in order to measure the PLC 
signal correctly. The wattmeter must also be high-pass filtered to 
filter out power at 60 Hertz.
[GRAPHIC] [TIFF OMITTED] TR22OC09.003


[[Page 54457]]


    3.5.3.4 Wireless Control Signal. The power supplied to a ballast 
using a wireless signal is not easily measured, but is estimated to 
be well below 1.0 watt. Therefore, the wireless control signal power 
is not measured as part of this test procedure.

[FR Doc. E9-25325 Filed 10-21-09; 8:45 am]
BILLING CODE 6450-01-P