[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 25595-25601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10012]


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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 Lamps Ballasts

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

ACTION: Final rule.

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SUMMARY: On November 4, 2015, the U.S. Department of Energy (DOE) 
issued a notice of proposed rulemaking (NOPR) to clarify the test 
procedures for fluorescent lamp ballasts. That proposed rulemaking 
serves as the basis for the final rule. DOE is issuing a final rule to 
replace all instances of ballast efficacy factor (BEF) with ballast 
luminous efficiency (BLE) in its regulations concerning fluorescent 
lamps ballasts and to add rounding instructions to the same section for 
BLE and power factor. DOE is also clarifying the represented value 
instructions for power factor. Finally, DOE is amending Appendix Q to 
clarify the lamp-ballast pairings for testing.

DATES: The effective date of this rule is May 31, 2016. The final rule 
changes will be mandatory for product testing starting June 28, 2016.
    The incorporation by reference of certain material listed in this 
rule is approved by the Director of the Federal Register as of May 31, 
2016.

[[Page 25596]]


ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, 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: https://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.
    For further information on how to review 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 Office, 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-33, 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 standards into 10 CFR part 430.
    (1) ANSI _IEC78.901-2005, Revision of ANSI C78.901-2001 (``ANSI 
C78.901''), American National Standard for Electric Lamps--Single-Based 
Fluorescent Lamps--Dimensional and Electrical Characteristics, approved 
March 23, 2005.
    (2) IEC \1\ 60081 (Amendment 4, Edition 5.0, 2010-02), ``Double-
capped fluorescent lamps--Performance specifications.''
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    \1\ International Electrotechnical Commission.
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    Copies of ANSI C78.901 and IEC 60081 can be obtained from the 
American National Standards Institute, 25 West 43rd Street, 4th Floor, 
New York, NY 10036, (212) 642-4900, or go to http://webstore.ansi.org.
    Copies of these industry standards can also 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].
    This standard is discussed further in section IV.M.

Table of Contents

I. Authority and Background
    A. General Test Procedure Rulemaking Process
II. Synopsis of the Final Rule
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
    N. Congressional Notification
    O. 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 (42 U.S.C. 6291, et seq.; ``EPCA'' or, ``the Act'') 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 final rule. (42 U.S.C. 6292(a)(13))
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    \2\ For editorial reasons Part B was codified as Part A in the 
U.S. Code (42 U.S.C. 6291-6309, as codified).
    \3\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015, 
Public Law 114-11 (Apr. 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 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. 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), which 
were later relocated to 10 CFR 430.32(m)(1)-(4). 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.
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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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    This final rule adopts additional clarifications in support of the 
current test procedure. On November 4, 2015, DOE published a NOPR 
(hereafter the ``November 2015 NOPR'') proposing clarifications to the 
test procedures for fluorescent lamp ballasts. 80 FR 68274. That notice 
of proposed rulemaking serves as the basis for this final rule.

A. General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides that any test procedures prescribed or 
amended under this section shall be reasonably designed to produce test 
results which measure energy efficiency, energy use or

[[Page 25597]]

estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine 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))
    With respect to this rulemaking, DOE has determined that the four 
amendments it is adopting (replacing ballast efficacy factor with 
ballast luminous efficiency [described in section III.A], rounding 
requirements for ballast luminous efficiency [described in section 
III.B], rounding and represented value requirements for power factor 
[described in section III.C] and lamp pairings for testing [described 
in section III.D]) will not change the measured energy use of 
fluorescent lamp ballasts when compared to the current test procedure.

II. Synopsis of the Final Rule

    In this final rule, DOE is amending the test procedure with several 
clarifications to the requirements for fluorescent lamp ballasts. DOE 
is replacing all instances of ballast efficacy factor (BEF) with 
ballast luminous efficiency (BLE) in 10 CFR 429.26 and adding rounding 
instructions in 10 CFR 429.26 for BLE and power factor. DOE is also 
clarifying the represented value instructions for power factor. 
Finally, DOE is revising Appendix Q to clarify the lamp-ballast 
pairings for testing.
    Manufacturers are required to comply with the requirements included 
in this rulemaking starting 60 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 expressed in 
terms of a BEF metric. 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 proposed in the November 2015 NOPR to replace all 
instances of BEF with BLE in 10 CFR 429.26.
    NEMA commented that they agreed with DOE's suggested changes. 
(NEMA, No. 33 at p. 1) \5\ DOE received no further comments in response 
to the proposed changes to 10 CFR 429.26. Therefore, DOE is replacing 
all instances of BEF with BLE in 10 CFR 429.26.
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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 33 in 
the docket for the fluorescent lamp ballasts test procedure 
rulemaking, and appears at page 1 of that document.
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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 November 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. NEMA 
agreed that rounding to the thousandths place is acceptable as long as 
significant figures are handled correctly. (NEMA, No. 30 at p. 3) 
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. Thus, 
in the November 2015 NOPR, DOE proposed 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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    \6\ The January 2015 clarification NOPR proposed to include 
rounding requirements at 10 CFR 430.23.
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    NEMA commented that they agreed with DOE's proposed amendments in 
the November 2015 NOPR. (NEMA, No. 33 at p. 1) DOE received no further 
comments on this clarification. Thus, based on the reasons presented in 
the November 2015 NOPR, DOE is adopting the clarification in 10 CFR 
429.26 that the represented value of BLE must be rounded to the nearest 
thousandths place.

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. In the November 
2015 NOPR, DOE proposed to amend 10 CFR 429.26 by specifying that the 
power factor must be rounded to the nearest hundredths place. DOE also 
proposed 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.
    NEMA commented that they agreed with DOE's proposed amendments. 
(NEMA, No. 33 at p. 1) DOE received no additional comments on the 
changes regarding power factor. Based on the reasons presented in the 
November 2015 NOPR, DOE is adopting the changes to 10 CFR 429.26 
regarding power factor in this final rule.

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)

[[Page 25598]]

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 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.
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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 the November 2015 NOPR, DOE agreed 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 standards found in ANSI C78.81 and ANSI C78.901. 
Therefore in the November 2015 NOPR, DOE proposed 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 proposed 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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    NEMA commented that they agreed with DOE's proposed amendments. 
(NEMA, No. 33 at p. 1) DOE received no additional comments regarding 
the addition of page number references to Table A of Appendix Q. Based 
on the reasons presented in the November 2015 NOPR, DOE is adopting 
these changes in this final rule.

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 OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (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 will 
not have a significant economic impact on a substantial number of small 
entities.
    Accordingly, DOE did not prepare 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 
will have no significant impact on a substantial number of 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. See generally, 10 CFR 
part 429, subpart B. The collection-of-information requirement for the 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA).
    DOE requested OMB approval of an extension of this information 
collection for three years, specifically including the collection of 
information proposed in the present rulemaking, and estimated that the 
annual number of burden hours under this extension is 30 hours per 
company. In response to DOE's request, OMB approved DOE's information 
collection requirements covered under OMB control number 1910-1400 
through November 30, 2017. 80 FR 5099 (January 30, 2015).
    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 final rule, DOE amends its test procedure 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 rule 
amends an existing rule without affecting the amount, quality or 
distribution of energy usage, and, therefore, will 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

[[Page 25599]]

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 examined this final 
rule and determined that it will 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 final 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 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 final 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 regulatory action resulting 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 this final 
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 final rule will 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 will 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 final 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 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under

[[Page 25600]]

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 modifications to the test procedures addressed by this 
action reference certain sections of the 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'' (Amendment 4, 
Edition 5.0). DOE has evaluated these two standards and is unable to 
conclude whether they fully comply with the requirements of section 
32(b) of the FEAA (i.e., whether they were developed in a manner that 
fully provides for public participation, comment, and review.) DOE has 
consulted with both the Attorney General and the Chairman of the FTC 
about the impact on competition of using the methods contained in these 
standards and has received no comments objecting to their use.

M. Description of Standards Incorporated by Reference

    In this final rule, DOE incorporates by reference the test standard 
titled ANSI C78.901-2005, ``American National Standard for Electric 
Lamps--Single-Based Fluorescent Lamps--Dimensional and Electrical 
Characteristics''. The proposed modifications to the test procedures 
addressed by this action reference certain sections of this commercial 
standard. ANSI C78.901 is readily available at http://www.ansi.org.
    DOE also incorporates 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, 2010-02). 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 amended in this final rule references IEC 60081. IEC 60081 is 
readily available on IEC's Web site at http://webstore.ansi.org.

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this 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. 804(2).

O. Approval of the Office of the Secretary

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

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 March 24, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends 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) 
introductory text 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 efficiency or energy 
consumption of a basic model for which consumers would favor a higher 
value must be less than or equal to the lower of:
* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following public product-specific information: The ballast 
luminous efficiency, the 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 new 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 
of section 2.3 to read as follows:

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

* * * * *

[[Page 25601]]

    2.3 * * *

                       Table A--Lamp-and-Ballast Pairings and Frequency Adjustment Factors
----------------------------------------------------------------------------------------------------------------
                                                            Lamp type                      Frequency adjustment
                                       --------------------------------------------------     factor ([beta])
             Ballast type                                                                -----------------------
                                              Lamp diameter and base        Nominal lamp     Low-        High-
                                                                               wattage     frequency   frequency
----------------------------------------------------------------------------------------------------------------
Ballasts that operate straight-shaped   T8 MBP (Data Sheet 7881-ANSI-1005-            32        0.94         1.0
 lamps (commonly referred to as 4-foot   2) *.                                        34        0.93         1.0
 medium bipin lamps) with medium bipin  T12 MBP (Data Sheet 7881-ANSI-1006-
 bases and a nominal overall length of   1) *.
 48 inches.
Ballasts that operate U-shaped lamps    T8 MBP (Data Sheet 78901-ANSI-4027-           32        0.94         1.0
 (commonly referred to as 2-foot U-      1) *.                                        34        0.93         1.0
 shaped lamps) with medium bipin bases  T12 MBP **........................
 and a nominal overall length between
 22 and 25 inches.
Ballasts that operate rapid-start       T8 HO RDC (Data Sheet 7881-ANSI-              86        0.92         1.0
 lamps (commonly referred to as 8-foot-  1501-1) *.                                   95        0.94         1.0
 high output lamps) with recessed       T12 HO RDC (Data Sheet 7881-ANSI-
 double contact bases and a nominal      1017-1) *.
 overall length of 96 inches.
Ballasts that operate instant-start     T8 slimline SP (Data Sheet 7881-              59        0.95         1.0
 lamps (commonly referred to as 8-foot   ANSI-1505-1) *.                              60        0.94         1.0
 slimline lamps) with single pin bases  T12 slimline SP (Data Sheet 7881-
 and a nominal overall length of 96      ANSI-3006-1) *.
 inches.
Ballasts that operate straight-shaped   T5 SO Mini-BP (Data Sheet 60081-              28        0.95         1.0
 lamps (commonly referred to as 4-foot   IEC-6640-5)*.
 miniature bipin standard output
 lamps) with miniature bipin bases and
 a nominal length between 45 and 48
 inches.
Ballasts that operate straight-shaped   T5 HO Mini-BP (Data Sheet 60081-              54        0.95         1.0
 lamps (commonly referred to as 4-foot   IEC-6840-4) *.
 miniature bipin high output lamps)
 with miniature bipin bases and a
 nominal length between 45 and 48
 inches.
Sign ballasts that operate rapid-start  T8 HO RDC (Data Sheet 7881-ANSI-              86        0.92         1.0
 lamps (commonly referred to as 8-foot   1501-1) *.                         [dagger] 110        0.94         1.0
 high output lamps) with recessed       T12 HO RDC (Data Sheet 7881-ANSI-
 double contact bases and a nominal      1019-1) *.
 overall length of 96 inches.
----------------------------------------------------------------------------------------------------------------
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. 2016-10012 Filed 4-28-16; 8:45 a.m.]
 BILLING CODE 6450-01-P