[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Proposed Rules]
[Pages 68274-68281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28077]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2009-BT-TP-0016]
RIN 1904-AD58


Energy Conservation Program: Clarification of Test Procedures for 
Fluorescent Lamp Ballasts

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to clarify its 
test procedures for fluorescent lamp ballasts established under the 
Energy Policy and Conservation Act. DOE is proposing to replace all 
instances of ballast efficacy factor (BEF) with ballast luminous 
efficiency (BLE) in our regulations and to add rounding instructions to 
the same section for BLE and power factor. DOE also proposes to clarify 
the represented value instructions for power factor. Finally, DOE is 
proposing to revise Appendix Q to clarify the lamp-ballast pairings for 
testing.

[[Page 68275]]


DATES: DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) no later than January 4, 2016. See 
section V, ``Public Participation,'' for details.

ADDRESSES: Any comments submitted must identify the NOPR for 
Clarification of Test Procedures for Fluorescent Lamp Ballasts, and 
provide docket number EE-2009-BT-TP-0016 and/or regulatory information 
number (RIN) number 1904-AD58. Comments may be submitted using any of 
the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [[email protected]] Include the docket number 
and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at regulations.gov. All documents in the docket are listed in 
the regulations.gov index. However, some documents listed in the index, 
such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/62. This Web page will contain a link to the docket for this 
notice on the regulations.gov site. The regulations.gov Web page will 
contain simple instructions on how to access all documents, including 
public comments, in the docket. See section V for information on how to 
submit comments through regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 287-1604. Email: 
[email protected].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE is incorporating by reference the 
following industry standard into 10 CFR part 430. Copies of this 
industry standard can be reviewed in person at U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. For further information on accessing 
standards incorporated by reference, contact Ms. Brenda Edwards at 
(202) 586-2945 or by email: [email protected].
    IEC \1\ 60081 (Amendment 4, Edition 5.0), ``Double-capped 
fluorescent lamps--Performance specifications.''
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    \1\ International Electrotechnical Commission.
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    Copies of IEC 60081 can be obtained from American National 
Standards Institute, 25 West 43rd Street, 4th Floor, New York, NY 10036 
or http://webstore.iec.ch/.

Table of Contents

I. Authority and Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Replacing Ballast Efficacy Factor with Ballast Luminous 
Efficiency
    B. Rounding Requirements for Ballast Luminous Efficiency
    C. Rounding Requirements and Represented Value for Power Factor
    D. Lamp Pairing for Testing
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Standards Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Title III, Part B \2\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or, ``the Act''), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to 
improve energy efficiency and established the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' \3\ These 
include fluorescent lamp ballasts, the subject of this proposed rule. 
(42 U.S.C. 6292(a)(13))
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \3\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015 (EEIA 2015), 
Public Law 114-11 (April 30, 2015).
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered products must use as the basis for (1) certifying to the 
Department of Energy (DOE) that their products comply with the 
applicable energy conservation standards adopted under EPCA, and (2) 
making representations about the efficiency of those products. 
Similarly, DOE must use these test procedures to determine whether the 
products comply with any relevant standards promulgated under EPCA.
    DOE published test procedure final rules on April 24, 1991, October 
22, 2009, and May 4, 2011 (hereafter the ``May 2011 test procedure 
final rule''), establishing active mode test procedures, standby and 
off mode test procedures, and revised active mode test procedures 
respectively. 56 FR 18677, 74 FR 54445, and 76 FR 25211. The May 2011 
test procedure final rule established Appendix Q1 \4\ to subpart B of 
10 CFR part 430. DOE also published final rules establishing and 
amending energy conservation standards for fluorescent lamp ballasts on 
September 19, 2000, and November 14, 2011 (hereafter the ``November 
2011 standards final rule''), which completed the two energy 
conservation standard rulemakings required under 42 U.S.C.

[[Page 68276]]

6295(g)(7). 65 FR 56740; 76 FR 70547. The November 2011 standards final 
rule established the regulations located at 10 CFR 430.32(m)(8)-(10). 
DOE also published final rules on February 4, 2015 (hereafter the 
``February 2015 correction final rule'') and on June 5, 2015 (hereafter 
the ``June 2015 clarification final rule'') to correct and clarify 
certain requirements and specifications in the CFR relating to energy 
conservation standards and test procedures. 80 FR 5896; 80 FR 31971. 
This rulemaking proposes additional requirements in support of the 
current test procedure.
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    \4\ Appendix Q1 was redesignated as Appendix Q in the June 2015 
clarification final rule. 80 FR 31971 (June 5, 2015).
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II. Synopsis of the Notice of Proposed Rulemaking

    In this notice of proposed rulemaking (NOPR), DOE proposes several 
clarifications to the test procedure requirements for fluorescent lamp 
ballasts. DOE is proposing to replace all instances of ballast efficacy 
factor (BEF) with ballast luminous efficiency (BLE) in 10 CFR 429.26 
and to add rounding instructions in 10 CFR 429.26 for BLE and power 
factor. DOE also proposes to clarify the represented value instructions 
for power factor. Finally, DOE is proposing revisions to Appendix Q to 
clarify the lamp-ballast pairings for testing.
    Manufacturers would be required to comply with the requirements 
included in this rulemaking within 180 days after the publication of 
the final rule.

III. Discussion

A. Replacing Ballast Efficacy Factor With Ballast Luminous Efficiency

    Manufacturers were previously required to use the test procedure 
for fluorescent lamp ballasts at 10 CFR part 430, subpart B, appendix Q 
to determine compliance with DOE's standards, which were a measurement 
of BEF. The May 2011 test procedure final rule, which changed the test 
procedure to a measurement of BLE, established appendix Q1 to subpart B 
of 10 CFR part 430 to determine compliance with DOE's fluorescent lamp 
ballast standards. 76 FR 25211. On November 14, 2011, DOE issued 
amended standards for fluorescent lamp ballasts based on BLE and 
compliance with those standards has been required since November 14, 
2014. 76 FR 70548. 10 CFR 430.32 (m). Because the fluorescent lamp 
ballast standards based on BEF are no longer applicable, the June 2015 
clarification final rule removed the test procedure for BEF at Appendix 
Q and redesignated the Appendix Q1 test procedure for BLE as Appendix 
Q. 80 FR 31971. To support the transition from BEF to BLE, DOE is 
proposing to replace all instances of BEF with BLE in 10 CFR 429.26.

B. Rounding Requirements for Ballast Luminous Efficiency

    Currently, rounding requirements are not provided for the 
represented value of BLE. When developing standards in the November 
2011 standards final rule, DOE rounded BLE to the thousandths place 
when analyzing the costs and benefits of the adopted standard. For 
consistency with the 2011 standards final rule, DOE proposed to specify 
rounding the represented value of BLE to the nearest thousandths place 
in a NOPR proposing clarifications to the test procedures for 
fluorescent lamp ballasts, published on January 6, 2015 (hereafter the 
``January 2015 clarification NOPR''). 80 FR 404.
    Regarding this proposal, NEMA commented that rounding to the 
thousandths place is acceptable as long as significant figures are 
handled correctly. (NEMA, No. 30 at p. 3) \5\ DOE received no further 
comments on rounding BLE. However, DOE determined that rounding 
requirements would be more appropriately addressed in 10 CFR 429.26,\6\ 
and thus did not adopt rounding requirements in the June 2015 
clarification final rule. In this NOPR, DOE is proposing to amend 10 
CFR 429.26 by specifying that the represented value of BLE must be 
rounded to the nearest thousandths place.
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    \5\ A notation in this form provides a reference for information 
that is in the docket of DOE's rulemaking to develop test procedures 
for fluorescent lamp ballasts (Docket No. EERE-2009-BT-TP-0016), 
which is maintained at www.regulations.gov. This notation indicates 
that the statement preceding the reference is document number 30 in 
the docket for the fluorescent lamp ballasts test procedure 
rulemaking, and appears at page 3 of that document.
    \6\ The January 2015 clarification NOPR proposed to include 
rounding requirements at 10 CFR 430.23.
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C. Rounding Requirements and Represented Value for Power Factor

    Currently, rounding requirements are not provided for the 
represented value of power factor. Manufacturers have shown the 
capability to round to the nearest hundredths place. When reporting 
power factor in product literature and data sheets, it is standard for 
manufacturers to round to the nearest hundredths place. DOE proposes to 
amend 10 CFR 429.26 by specifying that the power factor must be rounded 
to the nearest hundredths place. DOE also proposes to add power factor 
to 10 CFR 429.26(a)(2)(ii) to clearly indicate the requirements for 
calculating the represented value of power factor prior to rounding.

D. Lamp Pairing for Testing

    In the May 2011 test procedure final rule, DOE specified that 
ballasts are to be paired with the most common wattage lamp and 
provided a table (Table A of appendix Q of subpart B of 10 CFR part 
430) to indicate which lamp should be used with each ballast. 76 FR 
25211. Table A lists the ballast description along with the lamp type 
intended for testing. Though ballasts can frequently operate lamps of 
the same diameter but different wattages, DOE requires testing with 
only one lamp wattage per ballast. To clarify this requirement, in the 
January 2015 clarification NOPR, DOE proposed to indicate in section 
2.3.1.7 of Appendix Q that each ballast should be tested with only one 
lamp type corresponding to the lamp diameter and base type the ballast 
is designed and marketed to operate. 80 FR 404, 415. For example, a 
ballast designed and marketed to operate both 32 watt (W) 4-foot medium 
bipin (MBP) T8 lamps and 28 W 4-foot MBP T8 lamps should only be tested 
with the 32 W lamp. DOE also proposed to indicate in section 2.3.1.5 of 
Appendix Q that a ballast designed and marketed to operate both T8 and 
T12 lamps must be tested with T8 lamps. 80 FR at 406. DOE adopted these 
proposed clarifications in the June 2015 clarification final rule. 80 
FR 31971.
    Regarding the proposal in the January 2015 clarification NOPR, NEMA 
recommended that DOE also include the American National Standards 
Institute (ANSI) lamp abbreviations from ANSI C78.81 \7\ in Table A of 
Appendix Q of subpart B of 10 CFR part 430. (NEMA, No. 30 at p. 2) DOE 
did not address this lamp identification issue in the June 2015 
clarification final rule because DOE wanted to provide opportunity for 
public comment on the proposed incorporation by reference of additional 
industry standards. DOE agrees that referencing the ANSI and IEC lamp 
specifications would further clarify the lamp pairings used for 
testing. Section 2.3.1.3 of Appendix Q states that the fluorescent lamp 
used for testing must meet the specifications of a reference lamp as 
defined by ANSI C82.13 (IBR 430.3), and ANSI C82.13 states that the 
lamps used must operate at values of lamp voltage, lamp wattage and 
lamp current, each within 2.5 percent of the values given in the 
corresponding lamp

[[Page 68277]]

standards found in ANSI C78.81 and ANSI C78.901.
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    \7\ ``American National Standard for Electric Lamps: Double-
Capped Fluorescent Lamps--Dimensional and Electrical 
Characteristics'' (approved Jan. 14, 2010).
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    In this NOPR, DOE proposes to add the appropriate page number 
corresponding to the lamp specifications in ANSI_ANSLG C78.81-2010 
(hereafter ``ANSI C78.81-2010''), ANSI_IEC C78.901-2005 (hereafter 
``ANSI C78.901-2005''),\8\ and IEC 60081 (Amendment 4, Edition 5.0) \9\ 
in parentheses alongside the contents of the Lamp Diameter and Base 
column of Table A of Appendix Q. To support these page number 
references, DOE proposes to incorporate by reference IEC 60081 
(Amendment 4, Edition 5.0).
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    \8\ ``American National Standard for Electric Lamps--Single-
Based Fluorescent Lamps--Dimensional and Electrical 
Characteristics'' (approved Mar. 23, 2005).
    \9\ ANSI C78.81 directs readers to IEC 60081 for lamp 
specifications for T5 miniature bipin lamps. IEC 60081 refers to 
``International Electrotechnical Commission Double-capped 
fluorescent lamps--Performance specifications'' (approved Feb. 18, 
2010).
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IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' 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 the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et se.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) 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 Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    This rulemaking clarifies existing requirements for testing and 
compliance with standards and does not change the burden associated 
with fluorescent lamp ballast regulations on any entity, large or 
small. Therefore, DOE concludes and certifies that this rulemaking 
would not have a significant economic impact on a substantial number of 
small entities.
    Accordingly, DOE has not prepared a regulatory flexibility analysis 
for this rulemaking. DOE's certification and supporting statement of 
factual basis will be provided to the Chief Counsel for Advocacy of the 
SBA \10\ for review under 5 U.S.C. 605(b). DOE certifies that this rule 
would have no significant impact on a substantial number of small 
entities. DOE seeks comment regarding whether the proposed 
clarifications in this proposed rulemaking would have a significant 
economic impact on any small entities.
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    \10\ Small Business Administration.
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C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of fluorescent lamp ballasts must certify to DOE that 
their products comply with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
products according to the DOE test procedures for fluorescent lamp 
ballasts, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including fluorescent lamp ballasts. (76 FR 12422 (March 7, 
2011). The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). This requirement has been approved by 
OMB under OMB control number 1910-1400. Public reporting burden for the 
certification 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.
    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.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes revisions to test procedures 
for fluorescent lamp ballasts. DOE has determined that this rule falls 
into a class of actions that are categorically excluded from review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, this proposed rule would amend the existing test 
procedures without affecting the amount, quality or distribution of 
energy usage, and, therefore, would not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in 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 proposed 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. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of

[[Page 68278]]

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, the proposed rule 
meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined today's 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. 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 this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated 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.
    This regulatory action to clarify test procedures for measuring the 
energy efficiency of fluorescent lamp ballasts 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, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under 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 relevant 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.
    The proposed rule would incorporate testing methods contained in 
the following commercial standards: ANSI C78.901-2005, ``American 
National Standard for Electric Lamps--Single-Based Fluorescent Lamps--
Dimensional and Electrical Characteristics'' and IEC 60081, 
``International Electrotechnical Commission Double-capped fluorescent 
lamps--Performance specifications''

[[Page 68279]]

(Amendment 4, Edition 5). 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). DOE will consult with the Attorney General and 
the Chairman of the FTC concerning the impact of these test procedures 
on competition, prior to prescribing a final rule.

M. Description of Standards Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IEC, titled ``International Electrotechnical 
Commission Double-capped fluorescent lamps--Performance 
specifications,'' IEC 60081 Amendment 4 Edition 5.0. IEC 60081 is an 
industry accepted standard that specifies dimensional and electrical 
characteristics related to fluorescent lamps (specifically T5 lamps) 
and is applicable to products sold in North America. The description of 
lamp-ballast pairings for testing proposed in this NOPR references IEC 
60081. IEC 60081 is readily available on IEC's Web site at https://webstore.iec.ch/.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
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of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the proposed clarification regarding 
rounding and lamp pairing for testing.

VI. Approval of the Office of the Secretary

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

[[Page 68280]]

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, household 
appliances, Imports, Reporting and recordkeeping requirements.

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 October 27, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II, Subchapter D, of Title 10, Code of 
Federal Regulations, as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for Part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.
0
2. Section 429.26 is amended by revising paragraphs (a)(2)(ii) and 
(b)(2) and adding paragraph (c) to read as follows:


Sec.  429.26  Fluorescent lamp ballasts.

    (a) * * *
    (2) * * *
    (ii) Any represented value of the ballast luminous efficiency, 
power factor, or other measure of the energy consumption of a basic 
model for which consumers would favor a higher value shall be less than 
or equal to the lower of:
* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information: the ballast 
luminous efficiency, the ballast power factor, the number of lamps 
operated by the ballast, and the type of lamps operated by the ballast.
    (c) Rounding Requirements.
    (1) Round ballast luminous efficiency to the nearest thousandths 
place.
    (2) Round power factor to the nearest hundredths place.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. 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
4. Section 430.3 is amended by:
0
a. Adding in paragraph (e)(7) the text ``, appendix Q'' after the text 
``Sec.  430.2'';
0
b. Redesignating paragraphs (p)(2) through (p)(4) as paragraphs (p)(3) 
through (p)(5) respectively; and
0
c. Adding paragraph (p)(2) to read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (p) * * *
    (2) IEC Standard 60081 (``IEC 60081''), Double-capped fluorescent 
lamps--Performance specifications. (Amendment 4, Edition 5.0, 2010-02); 
IBR approved for appendix Q to subpart B.
* * * * *
0
5. Appendix Q to subpart B of part 430 is amended by revising Table A 
as follows:
Appendix Q to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Fluorescent Lamp Ballasts
* * * * *

                       Table A--Lamp-and-Ballast Pairings and Frequency Adjustment Factors
----------------------------------------------------------------------------------------------------------------
                                                  Lamp type                Frequency adjustment factor ([beta])
                                   -----------------------------------------------------------------------------
           Ballast type               Lamp diameter and    Nominal lamp
                                            base              wattage        Low-frequency      High-frequency
----------------------------------------------------------------------------------------------------------------
Ballasts that operate straight-     T8 MBP (Data Sheet                32                0.94                 1.0
 shaped lamps (commonly referred     7881-ANSI-1005-2) *.
 to as 4-foot medium bipin lamps)
 with medium bipin bases and a
 nominal overall length of 48
 inches.
                                    T12 MBP (Data Sheet               34                0.93                 1.0
                                     7881-ANSI-1006-1) *.
Ballasts that operate U-shaped      T8 MBP (Data Sheet                32                0.94                 1.0
 lamps (commonly referred to as 2-   78901-ANSI-4027-1)
 foot U-shaped lamps) with medium    *.
 bipin bases and a nominal overall
 length between 22 and 25 inches.
                                    T12 MBP * *.........              34                0.93                 1.0
Ballasts that operate rapid-start   T8 HO RDC (Data                   86                0.92                 1.0
 lamps (commonly referred to as 8-   Sheet 7881-ANSI-
 foot-high output lamps) with        1501-1) *.
 recessed double contact bases and
 a nominal overall length of 96
 inches.
                                    T12 HO RDC (Data                  95                0.94                 1.0
                                     Sheet 7881-ANSI-
                                     1017-1) *.
Ballasts that operate instant-      T8 slimline SP (Data              59                0.95                 1.0
 start lamps (commonly referred to   Sheet 7881-ANSI-
 as 8-foot slimline lamps) with      1505-1) *.
 single pin bases and a nominal
 overall length of 96 inches.
                                    T12 slimline SP                   60                0.94                 1.0
                                     (Data Sheet 7881-
                                     ANSI-3006-1) *.

[[Page 68281]]

 
Ballasts that operate straight-     T5 SO Mini-BP (Data               28                0.95                 1.0
 shaped lamps (commonly referred     Sheet 60081-IEC-
 to as 4-foot miniature bipin        6640-5) *.
 standard output lamps) with
 miniature bipin bases and a
 nominal length between 45 and 48
 inches.
Ballasts that operate straight-     T5 HO Mini-BP (Data               54                0.95                 1.0
 shaped lamps (commonly referred     Sheet 60081-IEC-
 to as 4-foot miniature bipin high   6840-4) *.
 output lamps) with miniature
 bipin bases and a nominal length
 between 45 and 48 inches.
Sign ballasts that operate rapid-   T8 HO RDC (Data                   86                0.92                 1.0
 start lamps (commonly referred to   Sheet 7881-ANSI-
 as 8-foot high output lamps) with   1501-1) *.
 recessed double contact bases and
 a nominal overall length of 96
 inches.
                                    T12 HO RDC (Data        110 [dagger]                0.94                 1.0
                                     Sheet 7881-ANSI-
                                     1019-1) *.
----------------------------------------------------------------------------------------------------------------
MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin,
  respectively.
A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is
  designed and marketed to operate.
 * Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see
  Sec.   430.3).
 ** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12
  2-foot U-shaped lamps with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers
  should select a T12 U-shaped lamp designed and marketed as having a nominal wattage of 34 W.
[dagger] Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference;
  see Sec.   430.3) lists nominal wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be
  used for testing.

* * * * *
[FR Doc. 2015-28077 Filed 11-3-15; 8:45 am]
 BILLING CODE 6450-01-P