[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Proposed Rules]
[Pages 69036-69038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30885]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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. 74, No. 249 / Wednesday, December 30, 2009 / 
Proposed Rules  

[[Page 69036]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2009-BT-STD-0018]
RIN 1904-AC00


Energy Efficiency Program for Consumer Products: Public Meeting 
and Availability of the Framework Document for Metal Halide Lamp 
Fixtures

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 U.S. Department of Energy (DOE) is initiating the 
rulemaking and data collection process to establish amended energy 
conservation standards for certain metal halide lamp fixtures. 
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 any subject within the scope of this rulemaking. To 
inform interested parties and to facilitate this process, DOE has 
prepared a framework document that 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://www1.eere.energy.gov/buildings/appliance_standards/commercial/metal_halide_lamp_ballasts.html.

DATES: DOE will hold a public meeting on Tuesday, January 26, 2010, 
from 9 a.m. to 4 p.m. in Washington, DC. DOE must receive requests to 
speak at the public meeting before 4 p.m., Tuesday, January 12, 2010. 
DOE must receive a signed original and an electronic copy of the 
statement to be given at the public meeting before 4 p.m., Tuesday, 
January 19, 2010. DOE will accept written comments, data, and 
information regarding the framework document before and after the 
public meeting, but no later than January 29, 2010.

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 planning 
to participate 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 as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Interested parties may submit comments, identified by docket number 
EERE-2009-BT-STD-0018 and/or Regulation Identifier Number (RIN) 1904-
AC00, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include docket 
number EERE-2009-BT-STD-0018 and/or RIN 1904-AC00 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 
Metal Halide Lamp Fixtures, Docket No. EERE-2009-BT-STD-0018 and/or RIN 
1904-AC00, 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.
    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, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-5827. E-mail: [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: Part A of the Energy Policy and Conservation 
Act of 1975 (EPCA), Public Law 94-163, (42 U.S.C. 6291-6309) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances. 
Over time, amendments to EPCA have given DOE expanded authority to 
regulate the energy efficiency of several other kinds of equipment, 
including certain metal halide lamp fixtures which are the focus of 
this notice. Amendments to EPCA in the Energy Independence and Security 
Act of 2007 (EISA 2007), Public Law 110-140, established energy 
conservation standards for certain metal halide lamp fixtures by 
prescribing minimum performance requirements for metal halide lamp 
ballasts contained in those fixtures. (42 U.S.C. 6295(hh)(1)) A summary 
of the standards promulgated by EISA 2007 can be found in section 1.1 
of the framework document. The EISA 2007 amendments also require DOE to 
conduct two rulemaking cycles to determine whether standards should be 
amended. (42 U.S.C. 6295(hh)(2)-(3)) DOE must publish a final rule for 
the first amended standards rulemaking by January 1, 2012, which shall 
apply to products manufactured on or after January 1, 2015. (42 U.S.C. 
6295(hh)(2)) This framework document is being published as a first step 
in meeting this statutory requirement.
    Although metal halide lamp fixtures are typically understood to be

[[Page 69037]]

equipment used in the commercial and industrial sectors, it is the 
``consumer products'' section of the statute that grants authority to 
DOE to cover and regulate this equipment. In the United States Code, 
Title 42, ``The Public Health and Welfare,'' chapter 77, ``Energy 
Conservation,'' subchapter III, ``Improving Energy Efficiency,'' two 
parts cluster together the group of products DOE regulates. ``Part A--
Energy Conservation Program for Consumer Products Other Than 
Automobiles'' includes a range of consumer products, some of which are 
used primarily in the residential sector, such as refrigerators, 
dishwashers, and clothes washers. Part A also includes consumer 
products that are also used primarily in the commercial sector, such as 
metal halide lamp fixtures, fluorescent lamp ballasts, and urinals. 
``Part A-1--Certain Industrial Equipment'' in subchapter III 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.
    As amended by EISA 2007, EPCA currently regulates metal halide lamp 
fixtures designed to be operated with lamps rated greater than or equal 
to 150 watts but less than or equal to 500 watts, subject to certain 
exclusions discussed below. EPCA prescribes performance requirements 
for the metal halide lamp ballasts contained in metal halide lamp 
fixtures. For metal halide lamp fixtures within the specified rated 
lamp wattage range, the metal halide lamp fixtures must contain: (1) A 
pulse-start metal halide ballast with a minimum ballast efficiency of 
88 percent; (2) a magnetic probe-start ballast with a minimum ballast 
efficiency of 94 percent; or (3) a nonpulse-start electronic ballast 
with (a) a minimum ballast efficiency of 92 percent for wattages 
greater than 250 watts, and (b) a minimum ballast efficiency of 90 
percent for wattages less than or equal to 250 watts. (U.S.C. 6292 
(hh)(1)(A)) Metal halide lamp fixtures excluded from regulation by the 
statute include metal halide lamp fixtures: (1) With regulated lag 
ballasts; (2) that use electronic ballasts that operate at 480 volts; 
or (3) that (a) are rated only for 150 watt lamps, (b) are rated for 
use in wet locations, as specified by the National Electrical Code 
2002, section 410.4(A), and (c) contain a ballast that is rated to 
operate at ambient air temperatures above 50 [deg]C, as specified by 
Underwriters Laboratories (UL) 1029-2001, ``Standard for High-
Intensity-Discharge Lamp Ballasts.'' (42 U.S.C. 6292 (hh)(1)(B))
    In addition to establishing energy conservation standards for metal 
halide lamp fixtures, EPCA, as amended by EISA 2007, directs DOE to 
establish test procedures for metal halide lamp ballasts based on 
American National Standards Institute (ANSI) Standard C82.6-2005, 
``Ballasts for High Intensity Discharge Lamps--Method of Measurement.'' 
(42 U.S.C. 6293(b)(18)). On July 10, 2009, DOE published a notice of 
proposed rulemaking for the metal halide lamp ballast test procedure, 
which included definitions and test procedure requirements. 74 FR 
33171. Upon publication of the final rule in this proceeding, DOE will 
have complied with the EPCA metal halide lamp ballast test procedure 
statutory requirements.
    DOE notes that because of the codification of the metal halide lamp 
fixture provisions in 42 U.S.C. 6295, a rulemaking for metal halide 
lamp fixture energy conservation standards, as well as any associated 
test procedures, are subject to the requirements of the consumer 
products provisions of Part A of Title III. However, because metal 
halide lamp fixtures are generally considered to be commercial 
equipment and consistent with DOE's previous action to incorporate 
requirements of the Energy Policy Act of 2005 (EPACT 2005) for 
commercial equipment into 10 CFR part 431 (``Energy Efficiency Program 
for Certain Commercial and Industrial Equipment''), DOE intends to 
place the new requirements for metal halide lamp fixtures in 10 CFR 
part 431 for ease of reference. DOE notes that the location of the 
provisions within the CFR does not affect either the substance or 
applicable procedure for metal halide fixtures; as such, DOE plans to 
place them in the appropriate CFR part based upon the nature or type of 
those products. Based upon their placement into 10 CFR 431, metal 
halide lamp fixtures and metal halide lamp ballasts will be referred to 
as ``equipment'' throughout this notice.
    In addition, pursuant to 42 U.S.C. 6295(gg)(3)(A), 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 metal halide lamp fixtures will 
be completed in 2012, the requirement to incorporate standby mode and 
off mode energy use into the energy conservation standards analysis is 
applicable. However, in the proposed metal halide lamp ballast test 
procedure, DOE tentatively concluded that off mode does not apply to 
metal halide lamp fixtures. 74 FR 33171, 33175 (July 10, 2009). EISA 
2007 also contains relevant definitions for ``ballast,'' ``electronic 
ballast,'' ``metal halide ballast,'' ``metal halide lamp,'' ``metal 
halide lamp fixture,'' ``probe-start metal halide ballast,'' and 
``pulse-start metal halide ballast.'' These new definitions and standby 
mode and off mode requirements are fully addressed by the analyses that 
DOE intends to conduct in the energy conservation standards rulemaking 
for metal halide lamp fixtures.
    To initiate the first rulemaking cycle to consider amended energy 
conservation standards for metal halide lamp fixtures, DOE has prepared 
a framework document to explain the issues, analyses, and processes it 
anticipates using for the development of amended energy conservation 
standards for certain metal halide lamp fixtures. In the framework 
document, DOE also presents its initial approach to consider expansion 
of scope, in order to determine whether the standards should be made 
applicable to additional metal halide lamp fixtures by establishing 
efficiency requirements for both fixtures with metal halide lamps 
outside the wattage range currently set by the statute, as well as 
fixtures with types of metal halide lamp ballasts currently excluded 
from coverage by EPCA. The main focus of the public meeting noted above 
will be to discuss the analyses presented and issues identified in the 
framework document. At the public meeting, DOE will make a number of 
presentations, invite discussion on the rulemaking process as it 
applies to certain metal halide lamp fixtures, and solicit comments, 
data, and information from participants and other interested parties. 
DOE will also invite comment on its preliminary determination of the 
scope of coverage for the metal halide lamp fixtures energy 
conservation standard. DOE is considering expanding the scope of 
coverage to include additional metal halide lamp fixtures that would be 
analyzed in the energy conservation standards rulemaking.
    DOE 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://www1.eere.energy.gov/buildings/appliance_standards/commercial/metal_halide_lamp_ballasts.html.
    Public meeting participants need not limit their comments to the 
issues identified in the framework document. DOE is also interested in 
comments on other relevant issues that participants believe would 
affect energy conservation standards for this equipment, applicable 
test procedures,

[[Page 69038]]

or the preliminary determination on the scope of coverage. DOE invites 
all interested parties, whether or not they participate in the public 
meeting, to submit in writing by January 29, 2010, comments and 
information on matters addressed in the framework document and on other 
matters relevant to DOE's consideration of amended standards for metal 
halide lamp fixtures.
    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 
available for purchase from the court reporter and placed on the DOE 
Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/commercial/metal_halide_lamp_ballasts.html.
    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 public comments it receives.
    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 in the 
standards rulemaking process. Accordingly, anyone who wishes to 
participate in the public meeting, receive meeting materials, or be 
added to the DOE mailing list to receive future notices and information 
about this rulemaking should contact Ms. Brenda Edwards at (202) 586-
2945, or via e-mail at [email protected].

    Issued in Washington, DC, on December 23, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E9-30885 Filed 12-29-09; 8:45 am]
BILLING CODE 6450-01-P