[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Proposed Rules]
[Pages 18086-18098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06265]


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

DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2023-BT-STD-0005]
RIN 1904-AF51


Energy Conservation Program: Energy Conservation Standards for 
Fluorescent Lamp Ballasts

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

ACTION: Request for information.

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

SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an 
effort to determine whether to amend the current energy conservation 
standards for fluorescent lamp ballasts (``FLB''). Under the Energy 
Policy and Conservation Act, as amended, DOE must review these 
standards no later than three years after making a determination that 
standards for the product do not need to be amended and publish either 
a notice of proposed rulemaking (``NOPR'') to propose new standards for 
FLB or a notification of determination that the existing standards do 
not need to be amended. DOE is soliciting the public for information to 
help determine whether the current standards require amending under the 
applicable statutory criteria. DOE welcomes written comments from the 
public on any subject within the scope of this document, including 
topics not specifically raised.

DATES:  Written comments and information are requested and will be 
accepted on or before April 26, 2023.

ADDRESSES:  Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov under docket 
number EERE-2023-BT-STD-0005. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments may 
submit comments, identified by docket number EERE-2023-BT-STD-0005, by 
any of the following methods:
    Email: [email protected]. Include the docket number EERE-
2023-BT-STD-0005 in the subject line of the message.
    Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445.
    Hand Delivery/Courier: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant 
Plaza, SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at www.regulations.gov. All documents in the 
docket are listed in the www.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.
    The docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-STD-0005. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
section III for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, 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) 586-0371. Email: [email protected].
    Mr. Nolan Brickwood, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-4498. Email: 
[email protected].
    For further information on how to submit a comment, or review other 
public comments and the docket contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Deviation From Appendix A
II. Request for Information and Comments
    A. Products Covered by This Process
    B. Market and Technology Assessment
    1. Product Classes
    2. Technology Assessment
    C. Screening Analysis
    D. Engineering Analysis
    1. Efficiency Analysis
    2. Cost Analysis
    E. Energy Use Analysis
    1. Operating Hours
    2. Lamp Mixture
    F. Life-Cycle Cost and Payback Analysis
    1. Installation Costs
    2. Repair and Maintenance Costs
    3. Efficiency Distributions
    4. Product Lifetimes
    G. Shipments
    H. National Impact Analysis
    I. Manufacturer Impact Analysis
III. Submission of Comments

I. Introduction

A. Authority and Background

    The Energy Policy and Conservation Act, Public Law 94-163, as 
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency 
of a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy 
Conservation Program for Consumer Products Other Than Automobiles. 
These products include fluorescent lamp ballasts (``FLBs''), the 
subject of this document. (42 U.S.C. 6292(a)(13)) EPCA prescribed 
energy conservation standards for these products and directed DOE to 
conduct two cycles of rulemakings to determine whether to amend these 
standards. (42 U.S.C. 6295(g)(7)(A)-(B))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions

[[Page 18087]]

(42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions 
(42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and 
the authority to require information and reports from manufacturers (42 
U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption for particular State laws or regulations, in accordance with 
the procedures and other provisions set forth under EPCA. (42 U.S.C. 
6297(d))
    EPCA also requires that, not later than 6 years after the issuance 
of any final rule establishing or amending a standard, DOE evaluate the 
energy conservation standards for each type of covered product, 
including those at issue here, and publish either a notification of 
determination that the standards do not need to be amended, or a NOPR 
that includes new proposed energy conservation standards (proceeding to 
a final rule, as appropriate). (42 U.S.C. 6295(m)(1)) If DOE determines 
not to amend a standard based on the statutory criteria, not later than 
3 years after the issuance of a final determination not to amend 
standards, DOE must publish either a notification of determination that 
standards for the product do not need to be amended, or a NOPR 
including new proposed energy conservation standards (proceeding to a 
final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B)) DOE must make 
the analysis on which a determination is based publicly available and 
provide an opportunity for written comment. (42 U.S.C. 6295(m)(2))
    DOE completed the first of the two statutorily-required rulemaking 
cycles in 2000 by publishing amended performance standards for FLBs 
manufactured on or after April 1, 2005. 65 FR 56740 (September 19, 
2000) (Setting amended standards to apply starting on April 1, 2005.) 
On October 18, 2005, DOE published a final rule codifying the new FLB 
standards established in the Energy Policy Act of 2005 (``EPACT 2005'') 
section 135(c)(2) into the CFR at 10 CFR 430.32(m). 70 FR 60407. 
Additionally, DOE completed a second rulemaking cycle to amend the 
standards for FLBs by publishing a final rule in 2011. 76 FR 70548 
(November 14, 2011). DOE completed a third rulemaking cycle for FLBs by 
publishing a final determination to not amend standards in 2020 
(``December 2020 Final Determination''). 85 FR 81558 (December 16, 
2020). The current energy conservation standards are located in title 
10 of the Code of Federal Regulations (``CFR'') part 430, section 
32(m). The currently applicable DOE test procedures for FLBs appear at 
10 CFR part 430, subpart B, appendix Q.
    DOE is publishing this RFI to collect data and information to 
inform its decision of whether to amend standards for FLBs consistent 
with its obligations under EPCA.

B. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), DOE notes that it is deviating from the 
provision in appendix A regarding the pre-NOPR stages for an energy 
conservation standards rulemaking. Section 6(d)(2) of appendix A states 
that the public comment period for pre-NOPR rulemaking documents will 
vary depending upon the circumstances of the particular rulemaking but 
will not be less than 75 calendar days. However, DOE finds it 
appropriate to deviate from this provision by specifying a public 
comment period of 30 days for this RFI. As noted, the December 2020 
Final Determination was published on December 16, 2020. 85 FR 81558. 
The methodologies and information upon which DOE seeks comment in this 
RFI are based on the analysis conducted for the December 2020 Final 
Determination. Because stakeholders are familiar with the subjects 
covered in this RFI through the December 2020 Final Determination, and 
are therefore not reviewing new information, DOE has determined that 30 
days is an appropriate period for providing comments.

II. Request for Information and Comments

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether amended standards for FLBs may be 
warranted.
    DOE must follow specific statutory criteria for prescribing new or 
amended standards for covered products. Under EPCA, DOE may not adopt 
any standard that would not result in the significant conservation of 
energy. (42 U.S.C. 6295(o)(3)(B)) Furthermore, EPCA requires that any 
new or amended energy conservation standard prescribed by the Secretary 
of Energy (``Secretary'') be designed to achieve the maximum 
improvement in energy or water efficiency that is technologically 
feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) To 
determine whether a standard is economically justified, EPCA requires 
that DOE determine whether the benefits of the standard exceed its 
burdens by considering, to the greatest extent practicable, the 
following seven factors:

    (1) The economic impact of the standard on the manufacturers and 
consumers of the affected products;
    (2) The savings in operating costs throughout the estimated 
average life of the product compared to any increases in the initial 
cost, or maintenance expenses;
    (3) The total projected amount of energy and water (if 
applicable) savings likely to result directly from the standard;
    (4) Any lessening of the utility or the performance of the 
products likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary considers relevant.

(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

    DOE fulfills these and other applicable requirements by conducting 
a series of analyses throughout the rulemaking process. Table I.1 shows 
the individual analyses that are performed to satisfy each of the 
requirements within EPCA.

       Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
            EPCA requirement                Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings.............   Shipments Analysis.
                                          National Impact
                                          Analysis.
                                          Energy and Water Use
                                          Determination.
Technological Feasibility..............   Market and Technology
                                          Assessment.
                                          Screening Analysis.
                                          Engineering Analysis.
Economic Justification:

[[Page 18088]]

 
    1. Economic Impact on Manufacturers   Manufacturer Impact
     and Consumers.                       Analysis.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
                                          Life-Cycle Cost
                                          Subgroup Analysis.
                                          Shipments Analysis.
    2. Lifetime Operating Cost Savings    Markups for Product
     Compared to Increased Cost for the   Price Determination.
     Product.                             Energy and Water Use
                                          Determination.
                                          Life-Cycle Cost and
                                          Payback Period Analysis.
    3. Total Projected Energy Savings..   Shipments Analysis.
                                          National Impact
                                          Analysis.
    4. Impact on Utility or Performance   Screening Analysis.
                                          Engineering Analysis.
    5. Impact of Any Lessening of         Manufacturer Impact
     Competition.                         Analysis.
    6. Need for National Energy and       Shipments Analysis.
     Water Conservation.                  National Impact
                                          Analysis.
    7. Other Factors the Secretary        Employment Impact
     Considers Relevant.                  Analysis.
                                          Utility Impact
                                          Analysis.
                                          Emissions Analysis.
                                          Monetization of
                                          Emission Reductions
                                          Benefits.\3\
                                          Regulatory Impact
                                          Analysis.
------------------------------------------------------------------------

    As detailed throughout this RFI, DOE is publishing this document 
seeking input and data from interested parties to aid in the 
development of the technical analyses on which DOE will ultimately rely 
to determine whether (and if so, how) to amend the standards for FLBs.
---------------------------------------------------------------------------

    \3\ On March 16, 2022, the Fifth Circuit Court of Appeals (No. 
22-30087) granted the federal government's emergency motion for stay 
pending appeal of the February 11, 2022, preliminary injunction 
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a 
result of the Fifth Circuit's order, the preliminary injunction is 
no longer in effect, pending resolution of the federal government's 
appeal of that injunction or a further court order. Among other 
things, the preliminary injunction enjoined the defendants in that 
case from ``adopting, employing, treating as binding, or relying 
upon'' the interim estimates of the social cost of greenhouse 
gases--which were issued by the Interagency Working Group on the 
Social Cost of Greenhouse Gases on February 26, 2021--to monetize 
the benefits of reducing greenhouse gas emissions. In the absence of 
further intervening court orders, DOE has reverted to its approach 
prior to the injunction and present monetized benefits where 
appropriate and permissible by law.
---------------------------------------------------------------------------

A. Products Covered by This Process

    This RFI covers those products that meet the definitions of a FLB, 
as codified at 10 CFR 430.2. Fluorescent lamp ballast is defined as a 
device which is used to start and operate fluorescent lamps by 
providing a starting voltage and current and limiting the current 
during normal operation. (10 CFR 430.2; 42 U.S.C. 6291(29)(A))
    The following FLBs are exempt from standards: (1) A dimming ballast 
designed and marketed to operate exclusively lamp types other than one 
F34T12, two F34T12, two F96T12/ES, or two F96T12HO/ES lamps; (2) a low-
frequency ballast that is designed and marketed to operate T8 diameter 
lamps, is designed and marketed for use in electromagnetic 
interference-sensitive-environments only, and is shipped by the 
manufacturer in packages containing 10 or fewer ballasts; and (3) a 
programmed start (``PS'') ballast that operates 4-foot medium bipin 
(``MBP'') T8 lamps and delivers on average less than 140 milliamps 
(``mA'') to each lamp. 10 CFR 430.32(m)(3). Of these exemptions, in the 
December 2020 Final Determination, DOE included in the analysis all 
FLBs that are dimmable and PS ballasts operating 4-foot MBP T8 lamps 
and using less than 140 mA (i.e., low-current PS ballasts). Regarding 
the inclusion of dimming ballasts, DOE determined that that standards 
for dimming ballasts could potentially result in energy savings. 
Regarding the inclusion of low-current PS ballasts, DOE determined in 
the December 2020 Final Determination that alternative options such as 
using PS ballasts with operating current at 140 mA or higher, paired 
with reduced-wattage lamps or decreasing the number of lamps in the 
system, could provide low light output levels comparable to those 
attained using low-current PS ballasts and therefore included low-
current PS ballasts in the analysis. 85 FR 81558, 81564-81565.
    DOE requests feedback on whether establishing standards for any 
groups of FLBs not currently subject to standards could result in 
significant energy savings.

B. Market and Technology Assessment

    The market and technology assessment that DOE routinely conducts 
when analyzing the impacts of a potential new or amended energy 
conservation standard provides information about the FLBs industry that 
will be used in DOE's analysis throughout the rulemaking process. DOE 
uses qualitative and quantitative information to characterize the 
structure of the industry and market. DOE identifies manufacturers, 
estimates market shares and trends, addresses regulatory and non-
regulatory initiatives intended to improve energy efficiency or reduce 
energy consumption, and explores the potential for efficiency 
improvements in the design and manufacturing of FLBs. DOE also reviews 
product literature, industry publications, and company websites. 
Additionally, DOE considers conducting interviews with manufacturers to 
improve its assessment of the market and available technologies for 
FLBs.
1. Product Classes
    When evaluating and establishing energy conservation standards, DOE 
may divide covered products into product classes by the type of energy 
used, or by capacity or other performance-related features that justify 
a different standard. (42 U.S.C. 6295(q)(1)) In making a determination 
whether capacity or another performance-related feature justifies a 
different standard, DOE must consider such factors as the utility of 
the feature to the consumer and other factors DOE deems appropriate. 
(Id.)
    For FLBs, the current energy conservation standards specified in 10 
CFR 430.32(m) are based on 7 product classes listed in Table II.1.

[[Page 18089]]



      Table II.1--Current Fluorescent Lamp Ballasts Product Classes
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                              Product Class
------------------------------------------------------------------------
IS/RS Commercial.............  Instant start (``IS'') and rapid start
                                (``RS'') ballasts (not classified as
                                residential) that operate:
                               4-foot medium bipin lamps.
                               2-foot U-shaped lamps.
                               8-foot slimline lamps.
PS Commercial................  Programmed start ballasts (not classified
                                as residential) (i.e., commercial) that
                                operate:
                               4-foot medium bipin lamps.
                               2-foot U-shaped lamps.
                               4-foot miniature bipin standard output
                                lamps.
                               4-foot miniature bipin high output lamps.
IS/RS 8-foot HO..............  Instant start and rapid start ballasts
                                (not classified as sign ballasts) that
                                operate 8-foot high output lamps.
PS 8-foot HO.................  Programmed start ballasts (not classified
                                as sign ballasts) that operate 8-foot
                                high output lamps.
Sign.........................  Sign ballasts that operate 8-foot high
                                output lamps.
IS/RS Residential............  Instant start and rapid start residential
                                ballasts that operate:
                               4-foot medium bipin lamps.
                               2-foot U-shaped lamps.
                               8-foot slimline lamps.
PS Residential...............  Programmed start residential ballasts
                                that operate:
                               4-foot medium bipin lamps.
                               2-foot U-shaped lamps.
------------------------------------------------------------------------

    DOE requests feedback on the current FLB product classes, whether 
changes to these individual product classes and their descriptions 
should be made, and whether certain classes should be merged or 
separated.
    In the December 2020 Final Determination, DOE analyzed new lamp 
types in existing product classes based on a review of the latest 
product offerings on the market. DOE added 4-foot miniature bipin 
(``MiniBP'') standard output (``SO'') and 4-foot MiniBP high output 
(``HO'') lamp types to the instant start (``IS'')/rapid start (``RS'') 
commercial (not classified as residential), IS/RS residential, and PS 
residential product classes. 85 FR 81558, 81564-81565. For the dimming 
product class, DOE identified 4-foot MBP, 4-foot MiniBP SO, 4-foot 
MiniBP HO, and 2-foot U-shaped as lamp types operated by dimming 
ballasts. 85 FR 81558, 81566.
    DOE requests feedback on whether it should include additional lamp 
types in any of the current product classes.
    As noted in section II.A in the December 2020 Final Determination, 
DOE included dimming ballasts in its analysis. In the December 2020 
Final Determination DOE also evaluated dimming ballasts as a separate 
product class in order to account for the added circuitry in dimming 
ballasts that make them less efficient than comparable standard 
ballasts. DOE also based the analysis on measuring the ballasts 
luminous efficiency (``BLE'') at full light output for all ballasts, 
including dimming ballasts. 85 FR 81558, 81564-81565.
    DOE seeks information regarding any other new product classes it 
should consider for inclusion in its analysis. Specifically, DOE 
requests information on performance-related features that provide 
unique consumer utility and data detailing the corresponding impacts on 
energy use that would justify separate product classes (i.e., 
explanation for why the presence of these performance-related features 
would increase energy consumption).
2. Technology Assessment
    In analyzing the feasibility of potential new or amended energy 
conservation standards, DOE uses information about existing and past 
technology options and prototype designs to help identify technologies 
that manufacturers could use to meet and/or exceed a given set of 
energy conservation standards under consideration. In consultation with 
interested parties, DOE intends to develop a list of technologies to 
consider in its analysis. That analysis will likely include a number of 
the technology options DOE previously considered during in the December 
2020 Final Determination. 85 FR 81558, 81566. A complete list of those 
prior options appears in Table II.2.

 Table II.2--Technology Options for FLB Considered in the Development of
                  the December 2020 Final Determination
------------------------------------------------------------------------
      Technology option                       Description
------------------------------------------------------------------------
Electronic Ballast...........  Use an Electronic Ballast Design.
Improved Components:
    Transformers/Inductors...  Use litz wire to reduce winding losses.
                               Use wire with multiple smaller coils
                                instead of one larger coil to increase
                                the number of turns of wire.
                               Use optimized-gauge copper to increase
                                the conductor cross section to reduce
                                winding losses.
                               Use shape-optimized winding to reduce the
                                proximity effect.
                               Use low-loss ferrite materials to create
                                the core of the inductor.
    Diodes...................  Use diodes with a lower voltage drop.
    Capacitors...............  Use capacitors with a lower effective
                                series resistance.
    Transistors..............  Use transistors with low drain-to-source
                                resistance.
Improved Circuit Design:
    Cathode Cutout or Cutback  Remove or reduce cathode/filament heating
                                after lamp has started.
    Integrated Circuits......  Substitute discrete components with an
                                integrated circuit.
    Starting Method..........  Use the IS starting method instead of a
                                rapid start RS starting method.
------------------------------------------------------------------------


[[Page 18090]]

    DOE seeks information on the technologies listed in Table II.2 
regarding their applicability to the current market and how these 
technologies may impact the efficiency of FLBs as measured according to 
the DOE test procedure. DOE also seeks information on how these 
technologies may have changed since they were considered in the 
December 2020 Final Determination. Specifically, DOE seeks information 
on the range of efficiencies or performance characteristics that are 
currently available for each technology option.
    DOE seeks comment on other technology options that it should 
consider for inclusion in its analysis and if these technologies may 
impact product features or consumer utility.

C. Screening Analysis

    The purpose of the screening analysis is to evaluate the 
technologies that improve equipment efficiency to determine which 
technologies will be eliminated from further consideration and which 
will be passed to the engineering analysis for further consideration.
    DOE determines whether to eliminate certain technology options from 
further consideration based on the following criteria:

    (1) Technological feasibility. Technologies that are not 
incorporated in commercial products or in commercially viable, 
existing prototypes will not be considered further.
    (2) Practicability to manufacture, install, and service. If it 
is determined that mass production of a technology in commercial 
products and reliable installation and servicing of the technology 
could not be achieved on the scale necessary to serve the relevant 
market at the time of the projected compliance date of the standard, 
then that technology will not be considered further.
    (3) Impacts on product utility. If a technology is determined to 
have a significant adverse impact on the utility of the product to 
subgroups of consumers, or result in the unavailability of any 
covered product type with performance characteristics (including 
reliability), features, sizes, capacities, and volumes that are 
substantially the same as products generally available in the United 
States at the time, it will not be considered further.
    (4) Safety of technologies. If it is determined that a 
technology would have significant adverse impacts on health or 
safety, it will not be considered further.
    (5) Unique-pathway proprietary technologies. If a technology has 
proprietary protection and represents a unique pathway to achieving 
a given efficiency level, it will not be considered further, due to 
the potential for monopolistic concerns.

10 CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).

    Technology options identified in the technology assessment are 
evaluated against these criteria using DOE analyses and inputs from 
interested parties (e.g., manufacturers, trade organizations, and 
energy efficiency advocates). Technologies that pass through the 
screening analysis are referred to as ``design options'' in the 
engineering analysis. Technology options that fail to meet one or more 
of the five criteria are eliminated from consideration.
    Based on the five screening criteria, DOE did not screen out any 
technology options in the December 2020 Final Determination. 85 FR 
81558, 81567.
    DOE requests feedback on what impact, if any, the five screening 
criteria described in this section would have on each of the technology 
options listed in Table II.2 with respect to FLBs. Similarly, DOE seeks 
information regarding how these same criteria would affect any other 
technology options not already identified in this document with respect 
to their potential use in FLBs.
    DOE requests comment on whether certain design options may not be 
applicable to (or incompatible with) specific product classes.
    DOE requests feedback on whether, and if so how, manufacturers 
would incorporate the technology options listed in Table II.2 to 
increase energy efficiency in FLBs beyond the baseline. This includes 
information on the order in which manufacturers would incorporate the 
different technologies to incrementally improve the efficiencies of 
products. DOE also requests feedback on whether the increased energy 
efficiency would lead to other design changes that would not occur 
otherwise. DOE is also interested in information regarding any 
potential impact of design options on a manufacturer's ability to 
incorporate additional functions or attributes in response to consumer 
demand.
    DOE also seeks input on the increase in manufacturer production 
costs (``MPCs'') associated with incorporating each particular design 
option. Specifically, DOE is interested in whether and how the costs 
estimated for design options in the December 2020 Final Determination 
have changed since the time of that analysis. DOE also requests 
information on the investments necessary to incorporate specific design 
options, including, but not limited to, costs related to new or 
modified tooling (if any), materials, engineering and development 
efforts to implement each design option, and manufacturing/production 
impacts.

D. Engineering Analysis

    The purpose of the engineering analysis is to establish the 
relationship between the efficiency and cost of FLBs. There are two 
elements to consider in the engineering analysis; the selection of 
efficiency levels to analyze (i.e., the ``efficiency analysis'') and 
the determination of product cost at each efficiency level (i.e., the 
``cost analysis''). In determining the performance of higher-efficiency 
products, DOE considers technologies and design option combinations not 
eliminated by the screening analysis. For each product class, DOE 
estimates the baseline cost, as well as the incremental cost for the 
product at efficiency levels above the baseline. The output of the 
engineering analysis is a set of cost-efficiency ``curves'' that are 
used in downstream analyses (i.e., the life-cycle cost (``LCC'') and 
payback period (``PBP'') analyses and the national impact analysis 
(``NIA'')). The following sections seek public input on specific steps 
of the engineering analysis.
1. Efficiency Analysis
    DOE typically uses one of two approaches to develop energy 
efficiency levels for the engineering analysis: (1) relying on observed 
efficiency levels in the market (i.e., the efficiency-level approach), 
or (2) determining the incremental efficiency improvements associated 
with incorporating specific design options to a baseline model (i.e., 
the design-option approach). Using the efficiency-level approach, the 
efficiency levels established for the analysis are determined based on 
the market distribution of existing products (in other words, based on 
the range of efficiencies and efficiency level ``clusters'' that 
already exist on the market). Using the design option approach, the 
efficiency levels established for the analysis are determined through 
detailed engineering calculations and/or computer simulations of the 
efficiency improvements from implementing specific design options that 
have been identified in the technology assessment. DOE may also rely on 
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended 
using the design option approach to interpolate to define ``gap fill'' 
levels (to bridge large gaps between other identified efficiency 
levels) and/or to extrapolate to the max-tech level (particularly in 
cases where the max-tech level exceeds the maximum efficiency level 
currently available on the market).
    In the December 2020 Final Determination, DOE selected more 
efficient substitutes in the engineering

[[Page 18091]]

analysis and determined the end-user prices of those substitutes in the 
product price determination. DOE estimated the end-user price of 
ballasts directly because reverse engineering ballasts is impractical 
due to the use of potting, which is a black pitch added to the ballast 
enclosure to reduce vibration damage and act as a heat sink for the 
circuit board. 85 FR 81558, 81567. DOE made no changes to the metric 
used to assess current FLB standards, BLE or to the equation form that 
relates the total lamp arc power operated by a ballast to BLE. 85 FR 
81558, 81569.
[GRAPHIC] [TIFF OMITTED] TP27MR23.010

Where: power = total lamp arc power; A, B, and C are constants that are 
specified in the FLB standard at 10 CFR 430.32(m). In the December 2020 
Final Determination, DOE maintained the values for A and C and adjusted 
the value for B to reflect different efficiency levels in each product 
class. (85 FR 81558, 81569; see chapter 5 of the December 2020 Final 
Determination Technical Support Document (``TSD'')).

    Further to determine the baseline models and efficiency levels, DOE 
used the BLE values from the compliance certification database to 
identify ballasts for all product classes except dimming. Because most 
dimming ballasts are not currently subject to standards and therefore 
did not have data in the compliance certification database, DOE 
determined BLE values by using catalog input power and the associated 
total lamp arc power. 85 FR 81558, 81567.
    DOE seeks feedback on the approach of using DOE's compliance 
certification database, when possible and manufacturer catalogs, 
otherwise to collect data used in the engineering analysis.
    For the December 2020 Final Determination, DOE did not analyze all 
8 FLB product classes. 85 FR 81558, 81567-81568. Instead, DOE directly 
analyzed the following six product classes and ballast types as 
representative due to their high market volume:

    (1) IS/RS Commercial: 2L 4-foot MBP; 4L 4-foot MBP, 2L 8-foot SP 
slimline.
    (2) PS Commercial: 2L 4-foot MBP, 4L 4-foot MBP, 2L 4-foot 
MiniBP SO, 2L 4-foot MiniBP HO.
    (3) IS/RS 8-foot HO: 2L 8-foot recessed double contact (``RDC'') 
HO.
    (4) Sign: 4L 8-foot RDC HO.
    (5) IS/RS Residential: 2L 4-foot MBP.
    (6) Dimming: 2L 4-foot MBP 0-10V, 2L 4-foot MiniBP SO 0-10 V, 2L 
4-foot MiniBP HO 0-10 V.

85 FR 81558, 81567-81568.

    DOE did not directly analyze the PS 8-foot HO and PS Residential 
product classes and developed their efficiency levels by scaling the 
efficiency levels respectively from the IS/RS 8-foot HO and IS/RS 
Residential product classes. 85 FR 81558, 81571.
    DOE requests feedback on the representative product classes and 
representative ballast types to directly analyze in this analysis.
    For each established product class, DOE selects a baseline model as 
a reference point against which any changes resulting from new or 
amended energy conservation standards can be measured. The baseline 
model in each product class represents the characteristics of common or 
typical products in that class. Typically, a baseline model is one that 
meets the current minimum energy conservation standards and provides 
basic consumer utility. Consistent with this analytical approach, DOE 
tentatively plans to consider the current minimum energy conservations 
standards to establish the baseline efficiency levels for each product 
class. The current standards for FLBs are found at 10 CFR 430.32(m).
    DOE requests feedback on whether the current established energy 
conservation standards for FLBs are appropriate baseline efficiency 
levels for DOE to apply to each product class in evaluating whether to 
amend the current energy conservation standards for these products.
    DOE requests feedback on the appropriate baseline efficiency levels 
for any newly analyzed product classes that are not currently in place 
or for the contemplated combined product classes, as discussed in 
section II.B.1 of this document. For newly analyzed product classes, 
DOE requests energy use data to characterize the baseline efficiency 
level.
    As part of DOE's analysis, the maximum available efficiency level 
is the highest efficiency unit currently available on the market. DOE 
defines a max-tech efficiency level to represent the theoretical 
maximum possible efficiency if all available design options are 
incorporated in a model. In applying these design options, DOE would 
only include those that are compatible with each other that when 
combined, would represent the theoretical maximum possible efficiency. 
In many cases, the max-tech efficiency level is not commercially 
available because it is not economically feasible. As noted previously, 
in the December 2020 Final Determination, DOE determined max-tech 
efficiency levels based on products in DOE's compliance certification 
database for all product classes except, due to lack of data, for the 
dimming product class. For the dimming product class DOE used 
manufacturer catalogs. 85 FR 81558, 81567. Table II.3 shows the 
representative units at the max-tech efficiency levels identified in 
the December 2020 Final Determination. Table II.4 shows the associated 
equations for the max-tech efficiency levels. 85 FR 81558, 81569-81571.

                             Table II.3--Maximum Efficiency Representative Units From the December 2020 Final Determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Input voltage
 Representative product class    Ballast type        Lamp type         Starting      (V)/ operating      Power       Ballast    Input power      BLE
                                                                        method          voltage *        factor       factor         (W)
--------------------------------------------------------------------------------------------------------------------------------------------------------
IS/RS Commercial.............  2L 4-foot MBP...  32 W T8..........  IS............  277, Universal..         0.99         0.89         55.3        0.940
                               4L 4-foot MBP...  32 W T8..........  IS............  277, Universal..         0.98         0.87        107.0        0.950
                               2L 8-foot SP      59 W T8..........  IS............  277, Universal..         0.98         0.87        105.1        0.945
                                slimline.
PS Commercial................  2L 4-foot MBP...  32 W T8..........  PS............  277, Universal..         0.98         0.88         53.9        0.953
                               4L 4-foot MBP...  32 W T8..........  PS............  277, Universal..         0.99         0.87        107.6        0.944
                               2L 4-foot MiniBP  28 W T5..........  PS............  277, Universal..         0.98         1.00         59.8        0.929
                                SO.
                               2L 4-foot MiniBP  54 W T5..........  PS............  277, Universal..         0.98         1.00        113.6        0.947
                                HO.
IS/RS 8-foot HO..............  2L 8-foot RDC HO  110 W T12........  RS............  277, Universal..         0.98         0.90        188.0        0.957
Sign.........................  4L 8-foot RDC HO  110 W T12........  IS............  120, Dedicated..         0.90         0.61        258.4        0.944
IS/RS Residential............  2L 4-foot MBP...  32 W T8..........  IS............  120, Dedicated..         0.55         0.83         53.1        0.913
Dimming......................  2L 4-foot MBP 0-  32 W T8..........  PS............  277, Universal..         0.99         0.88         56.0        0.918
                                10V.
                               2L 4-foot MiniBP  28 W T5..........  PS............  277, Universal..         0.99         1.00         61.0        0.911
                                SO 0-10V.
                               2L 4-foot MiniBP  54 W T5..........  PS............  277, Universal..         0.98         1.00        115.9        0.928
                                HO 0-10V.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 18092]]


              Table II.4--Maximum Efficiency Levels From the December 2020 Final Determination Rule
----------------------------------------------------------------------------------------------------------------
                                                                   Maximum efficiency level  A/(1+B *total lamp
                                                                                arc power[caret]-C)
                  Representative Product Class                   -----------------------------------------------
                                                                         A               B               C
----------------------------------------------------------------------------------------------------------------
IS/RS Commercial................................................           0.993            0.16            0.25
PS Commercial...................................................           0.993            0.31            0.37
IS/RS Residential...............................................           0.993            0.24            0.25
IS/RS 8-foot HO.................................................           0.993            0.14            0.25
Sign............................................................           0.993            0.24            0.25
Dimming.........................................................           0.993             0.4            0.37
----------------------------------------------------------------------------------------------------------------

    DOE seeks input on whether the maximum available efficiency levels 
are appropriate and technologically feasible for potential 
consideration as possible energy conservation standards for the 
products at issue--and if not, why not. DOE also seeks comment on 
whether the max tech levels have changed since the December 2020 Final 
Determination.
    DOE also requests feedback on whether the maximum available 
efficiencies presented in Table II.4 are representative of those for 
the other FLBs product classes not directly analyzed in the December 
2020 Final Determination. If the range of possible efficiencies is 
different for the other product classes not directly analyzed, DOE 
requests information on alternative approaches DOE should consider 
using for those product classes.
    DOE seeks feedback on what design options would be incorporated at 
a max-tech efficiency level, and the efficiencies associated with those 
levels. As part of this request, DOE also seeks information as to 
whether there are limitations on the use of certain combinations of 
design options.
2. Cost Analysis
    As described at the beginning of this section, the main outputs of 
the engineering analysis are cost-efficiency relationships that 
describe the estimated increases in manufacturer production cost 
associated with higher-efficiency products for the analyzed product 
classes. The cost analysis portion of the engineering analysis is 
conducted using one or a combination of cost approaches. The selection 
of cost approach depends on a suite of factors, including availability 
and reliability of public information, characteristics of the regulated 
product, and the availability and timeliness of purchasing the product 
on the market. The cost approaches are summarized as follows:
     Physical teardowns: Under this approach, DOE physically 
dismantles a commercially available product, component-by-component, to 
develop a detailed bill of materials for the product.
     Catalog teardowns: In lieu of physically deconstructing a 
product, DOE identifies each component using parts diagrams (available 
from manufacturer websites or appliance repair websites, for example) 
to develop the bill of materials for the product.
     Price surveys: If neither a physical nor catalog teardown 
is feasible (for example, for tightly integrated products such as 
fluorescent lamps, which are infeasible to disassemble and for which 
parts diagrams are unavailable) or cost-prohibitive and otherwise 
impractical (e.g., large commercial boilers), DOE conducts price 
surveys using publicly available pricing data published on major online 
retailer websites and/or by soliciting prices from distributors and 
other commercial channels.
    Using the price survey approach, in the December 2020 Final 
Determination, DOE developed end-user prices for the representative 
units sold in each of the main distribution channels identified for 
FLBs. DOE then calculated an average weighted end-user price using 
estimated shipments that go through each distribution channel. 85 FR 
81558, 81571.
    Specifically, in the December 2020 Final Determination, DOE 
identified two types of distribution channels through which most FLBs 
pass from the manufacturer to the consumer: the fixture ballast 
distribution channel and the replacement ballast distribution channel. 
The fixture ballast distribution channel applies to ballasts sold in 
fixtures where the manufacturer sells the ballast to a fixture 
manufacturer--who in turn sells the fixture, including the ballast, to 
an electrical wholesaler. The replacement ballast distribution channel 
applies to ballasts sold without fixtures (e.g., replacement ballasts) 
where the manufacturer sells the ballast directly to an electrical 
wholesaler. DOE determined that in both distribution channels, 
electrical wholesalers sell ballasts to the consumer in (1) large 
volume via a contractor; (2) in large volume without a contractor; or 
(3) in low volume without a contractor. DOE assumed that the low volume 
path accounted for the distribution of residential ballasts. (85 FR 
81558, 81571; see chapter 6 of the December 2020 Final Determination 
TSD).
    DOE collected prices from electrical distributors and internet 
retailers for each representative unit and/or ballast with similar 
performance characteristics to develop an average wholesaler price. DOE 
then used this average wholesaler price to determine the end-user 
prices for ballasts going through each wholesaler pathway: large volume 
(no contractor), large volume (with contractor), and low volume (no 
contractor). For the large volume (contractor) pathway, DOE applied an 
estimated contractor markup of 13 percent to the average wholesaler 
prices as these ballasts are purchased in large quantities through a 
contractor. For the low volume (no contractor) pathway ballasts DOE 
applied an estimated 20 percent markup to the average wholesaler price 
as these ballasts are purchased in smaller quantities by consumers 
directly from the electrical wholesaler. (85 FR 81558, 81571; see 
chapter 6 of the December 2020 Final Determination TSD).
    DOE then weighted the large volume (with contractor) price by 85 
percent; large volume (no contractor) price by 10 percent; and low 
volume (no contractor) price by 5 percent to develop an average 
weighted end-user price for each representative unit. DOE used this 
average weighted end-user price as the price paid through the 
replacement channel and for the fixture channel, applied a 21 percent 
original equipment manufacturer (``OEM'') markup to it. DOE then 
applied a 50 percent weighting to the resulting replacement channel 
price and fixture channel price to obtain the final average end-user 
price for each representative unit. (85 FR 81558, 81571; see chapter 6 
of the December 2020 Final Determination TSD).
    DOE requests feedback on the whether the methodology described 
above for the cost analysis is appropriate, as well as information on 
the existence of any distribution

[[Page 18093]]

channels other than those described and their assigned weighting.
    DOE requests feedback on whether the prices of FLBs have changed 
since the December 2020 Final Determination. In particular, DOE 
requests comment on whether the incremental difference between the 
price of a ballast at the baseline level and the price of a ballast at 
a higher efficiency level (including the max tech level) has changed.

E. Energy Use Analysis

    As part of the rulemaking process, DOE conducts an energy use 
analysis to identify how products are used by consumers, and thereby 
determine the energy savings potential of energy efficiency 
improvements. DOE bases the energy consumption of fluorescent lamp 
ballasts on the rated annual energy consumption as determined by the 
DOE test procedure. Along similar lines, the energy use analysis is 
meant to represent typical energy consumption in the field.
1. Operating Hours
    In the December 2020 Final Determination, DOE developed annual 
operating hours by sector using the most recent data available from the 
2015 U.S. Lighting Market Characterization (``LMC'') which was 
published in 2017.\4\ 85 FR 81558, 81572. As stated in the December 
2020 Final Determination TSD, fluorescent lamp ballasts operated 721 
hours in the residential sector; 3,017 hours in the commercial sector 
(IS/RS ballasts); 2,112 hours in the commercial sector (PS ballasts and 
accounts for lighting controls); 4,380 hours in the industrial sector; 
and 3,285 hours in the outdoor sector. (See chapter 6 of the December 
2020 Final Determination TSD).
---------------------------------------------------------------------------

    \4\ U.S. Department of Energy-Office of Energy Efficiency and 
Renewable Energy. 2015 U.S. Lighting Market Characterization. 
November 2017. https://energy.gov/eere/ssl/2015-us-lighting-marketcharacterization.
---------------------------------------------------------------------------

    In Table II.5 DOE calculated the average annual energy use by 
multiplying the operating hours per sector times the input power of 
representative units at the max-tech efficiency levels identified in 
the December 2020 Final Determination from Table II.4. This would be a 
similar approach that DOE would use in the energy-use analysis.

                  Table II.5--Maximum Efficiency Input Power Ratings and Average Energy Use From the December 2020 Final Determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Average
                                                                                                                              operating   Average annual
  Representative product class       Ballast type          Lamp type       Starting method  Input voltage (V)/  Input power     hours       energy use
                                                                                            operating voltage*      (W)        (hours/      (kWh/year)
                                                                                                                                year)
--------------------------------------------------------------------------------------------------------------------------------------------------------
IS/RS Commercial................  2L 4-foot MBP.....  32 W T8............  IS.............  277, Universal....         55.3        3,153             174
                                  4L 4-foot MBP.....  32 W T8............  IS.............  277, Universal....        107.0        3,153             337
                                  2L 8-foot SP        59 W T8............  IS.............  277, Universal....        105.1        3,153             331
                                   slimline.
PS Commercial...................  2L 4-foot MBP.....  32 W T8............  PS.............  277, Universal....         53.9        2,339             126
                                  4L 4-foot MBP.....  32 W T8............  PS.............  277, Universal....        107.6        2,339             252
                                  2L 4-foot MiniBP    28 W T5............  PS.............  277, Universal....         59.8        2,339             140
                                   SO.
                                  2L 4-foot MiniBP    54 W T5............  PS.............  277, Universal....        113.6        2,339             266
                                   HO.
IS/RS 8-foot HO.................  2L 8-foot RDC HO..  110 W T12..........  RS.............  277, Universal....        188.0        3,153             593
Sign............................  4L 8-foot RDC HO..  110 W T12..........  IS.............  120, Dedicated....        258.4        3,285             849
IS/RS Residential...............  2L 4-foot MBP.....  32 W T8............  IS.............  120, Dedicated....         53.1          721              38
Dimming.........................  2L 4-foot MBP 0-    32 W T8............  PS.............  277, Universal....         56.0        2,971             166
                                   10V.
                                  2L 4-foot MiniBP    28 W T5............  PS.............  277, Universal....         61.0        2,971             181
                                   SO 0-10V.
                                  2L 4-foot MiniBP    54 W T5............  PS.............  277, Universal....        115.9        2,971             344
                                   HO 0-10V.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    DOE requests feedback on data sets to determine operating hours for 
fluorescent lamp ballasts, and the approach of multiplying the 
operating hours by input power to determine energy usage.
2. Lamp Mixture
    Fluorescent lamp ballasts operate general service fluorescent lamps 
(``GSFL'') and in some cases tubular light-emitting diodes (``TLEDs'') 
intended for direct replacement of GSFLs (known as UL Type A or UL Type 
A/B TLEDs). Although neither GSFLs nor TLEDs are within the scope of 
this potential amended standard, the mixture of these lamps directly 
affects the energy use of fluorescent lamp ballasts.
    In the December 2020 FLB Final Determination, DOE assumed for 
certain ballasts that the ballast would operate a reduced wattage 
option of the lamp or a TLED. Table II.6 is from the December 2020 
Final Determination TSD.

 Table II.6--Weighting Factors for Ballast-Lamp Combinations for Fluorescent Lamp Ballasts by Product Class From
                                        December 2020 Final Determination
----------------------------------------------------------------------------------------------------------------
                                                                                                Weighting factor
             Product class                         Ballast                   Lamp type              in 2023 *
----------------------------------------------------------------------------------------------------------------
IS/RS Commercial.......................  2L 4-foot Medium Bipin      F32T8....................                19
                                          (MBP).
IS/RS Commercial.......................  2L 4-foot MBP.............  F32T8 (28W)..............                45
IS/RS Commercial.......................  2L 4-foot MBP.............  F32T8 (25W)..............                10
IS/RS Commercial.......................  2L 4-foot MBP.............  TLED.....................                26
IS/RS Commercial.......................  2L 4-foot MBP.............  F40T12...................                 0
IS/RS Commercial.......................  4L 4-foot MBP.............  F32T8....................                19
IS/RS Commercial.......................  4L 4-foot MBP.............  F32T8 (28W)..............                45
IS/RS Commercial.......................  4L 4-foot MBP.............  F32T8 (25W)..............                10
IS/RS Commercial.......................  4L 4-foot MBP.............  TLED.....................                26
IS/RS Commercial.......................  2L 8-foot Slimline........  F96T8 (59W)..............                71
IS/RS Commercial.......................  2L 8-foot Slimline........  F96T8 (54W)..............                 5
IS/RS Commercial.......................  2L 8-foot Slimline........  F96T8 (50W)..............                 4

[[Page 18094]]

 
IS/RS Commercial.......................  2L 8-foot Slimline........  F96T12 (75W).............                21
PS Commercial..........................  2L 4-foot MBP.............  F32T8....................                19
PS Commercial..........................  2L 4-foot MBP.............  F32T8 (28W)..............                45
PS Commercial..........................  2L 4-foot MBP.............  F32T8 (25W)..............                10
PS Commercial..........................  2L 4-foot MBP.............  TLED.....................                26
PS Commercial..........................  4L 4-foot MBP.............  F32T8....................                19
PS Commercial..........................  4L 4-foot MBP.............  F32T8 (28W)..............                45
PS Commercial..........................  4L 4-foot MBP.............  F32T8 (25W)..............                10
PS Commercial..........................  4L 4-foot MBP.............  TLED.....................                26
PS Commercial..........................  2L 4-foot miniature bipin   F28T5....................               100
                                          (MiniBP) standard output
                                          (SO).
PS Commercial..........................  2L 4-foot MiniBP SO.......  F28T5 (26W)..............                 0
PS Commercial..........................  2L 4-foot MiniBP SO.......  F28T5 (25W)..............                 0
PS Commercial..........................  2L 4-foot MiniBP HO.......  F54T5HO..................                56
PS Commercial..........................  2L 4-foot MiniBP HO.......  F54T5HO (49W)............                21
PS Commercial..........................  2L 4-foot MiniBP HO.......  F54T5HO (47W)............                23
IS/RS 8-foot HO........................  2L 8-foot recessed double   F96T12HOCT (110W)........               100
                                          contact (RDC) HO.
IS/RS 8-foot HO........................  2L 8-foot RDC HO..........  F96T8HO..................                 0
Sign...................................  2L 4-foot MBP.............  F96T12HOCT (110W)........               100
Sign...................................  2L 4-foot MBP.............  F96T8HOCT................                 0
IS/RS Residential......................  2L 4-foot MBP.............  F32T8....................                32
IS/RS Residential......................  2L 4-foot MBP.............  F32T8 (28W)..............                33
IS/RS Residential......................  2L 4-foot MBP.............  F32T8 (25W)..............                 7
IS/RS Residential......................  2L 4-foot MBP.............  TLED.....................                26
IS/RS Residential......................  2L 4-foot MBP.............  F40T12...................                 2
Dimming................................  2L 4-foot MBP.............  F32T8....................                92
Dimming................................  2L 4-foot MBP.............  F32T8 (28W)..............                 7
Dimming................................  2L 4-foot MBP.............  F32T8 (25W)..............                 1
Dimming................................  2L 4-foot MiniBP SO.......  F28T5....................               100
Dimming................................  2L 4-foot MiniBP HO.......  F54T5HO..................               100
----------------------------------------------------------------------------------------------------------------
* Weights may not total to 100 percent for each and every ballast due to rounding.

    DOE requests feedback on the proportion of lamps operating on 
fluorescent ballasts in 2023 and how that mixture is expected to change 
over time.

F. Life-Cycle Cost and Payback Analysis

    DOE conducts the LCC and PBP analysis to evaluate the economic 
effects of potential energy conservation standards for FLBs on 
individual consumers. For any given efficiency level, DOE measures the 
PBP and the change in LCC relative to an estimated baseline level. The 
LCC is the total consumer expense over the life of the equipment, 
consisting of purchase, installation, and operating costs (expenses for 
energy use, maintenance, and repair). Inputs to the calculation of 
total installed cost include the cost of the equipment--which includes 
manufacturer selling prices (``MSPs''), distribution channel markups, 
and sales taxes--and installation costs. Inputs to the calculation of 
operating expenses include annual energy consumption, energy prices and 
price projections, repair and maintenance costs, product lifetimes, 
discount rates, and the year that compliance with new and amended 
standards is required.
1. Installation Costs
    Installation cost includes labor, overhead, and any miscellaneous 
materials and parts needed to install the product. DOE used data from 
RSMeans to estimate the baseline installation cost for fluorescent lamp 
ballasts. In the December 2020 Final Determination, DOE used the same 
installation costs for ballasts at each level. 85 FR 81558, 81574.
    DOE requests information on installation costs of fluorescent lamp 
ballasts; using RSMeans (or other data sources) for labor; and treating 
the installation cost the same for all efficiency levels.
2. Repair and Maintenance Costs
    Repair costs are associated with repairing or replacing product 
components that have failed in an appliance; maintenance costs are 
associated with maintaining the operation of the product. In the 
December 2020 Final Determination, DOE modeled ballasts as not being 
repaired. 85 FR 81558, 81574. In the December 2020 Final Determination, 
DOE modeled no direct maintenance on the ballasts and maintenance only 
related to fluorescent lamp replacement. 85 FR 81558, 81574.
    DOE requests information and data on the frequency of repair and 
repair costs by product class for the technology options listed in 
Table II.2 of this document. Although DOE is interested in information 
regarding each of the listed technology options. DOE is also interested 
in whether consumers replace the products when they fail, as opposed to 
repairing them.
    DOE requests feedback and data on whether maintenance costs differ 
in comparison to the baseline maintenance costs for any of the specific 
technology options listed in Table II.2 of this document.
3. Efficiency Distributions
    To estimate the share of affected consumers who would likely be 
affected by a standard at a particular efficiency level, the LCC 
analysis considers the estimated distributions of efficiencies of 
products that consumers purchase under the no-new-standards case (i.e., 
base efficiency distributions). In the December 2020 Final 
Determination,

[[Page 18095]]

DOE developed efficiency distributions from DOE's Compliance 
Certification Database.\5\
---------------------------------------------------------------------------

    \5\ For the public version of DOE's Compliance Certification 
Management System, see https://www.regulations.doe.gov/ccms.
---------------------------------------------------------------------------

    DOE requests information on efficiency distributions of FLBs and 
for other sources besides DOE's Compliance Certification Database.
4. Product Lifetimes
    In the December 2020 Final Determination, DOE discussed the review 
of fluorescent ballast lifetime. DOE used 12.5-year average lifetime 
for commercial sector installations, 11.4-year average lifetime for 
industrial sector installations, a 12.5-year average lifetime for 
outdoor lighting, and a 15-year life for the residential sector. 85 FR 
81558, 81574-81575.
    DOE requests information on the rated lifetime of fluorescent lamp 
ballasts. DOE also requests information on the frequency of fluorescent 
lamp ballasts that may be pre-maturely retired before end of expected 
lifetime.

G. Shipments

    DOE develops shipments forecasts of fluorescent lamp ballasts to 
calculate the national impacts of potential amended energy conservation 
standards on energy consumption, net present value (``NPV''), and 
future manufacturer cash flows. DOE shipments projections are based on 
available historical data broken out by product class and lamp 
quantity. Current sales estimates allow for a more accurate model that 
captures recent trends in the market.
    Fluorescent lamp ballasts operate GSFL and in some cases TLEDs 
intended for direct replacement of GSFLs (known as UL Type A or UL Type 
A/B TLEDs). Although neither GSFLs nor TLEDs are within the scope of 
this potential amended standard, shipments of these technologies 
directly relate to shipment volume of fluorescent lamp ballasts.
    On February 13, 2023, DOE published a final determination to not 
amend standards for GSFLs. 88 FR 9118 (``February 2023 GSFL Final 
Determination''). In this determination DOE forecasted shipments of 
GSFLs and TLEDs. DOE only received one comment on the shipments 
analysis for the February 2023 GSFL Final Determination which was from 
the National Electrical Manufacturers Association (``NEMA''). NEMA 
directed DOE to the NEMA Lamp Index \6\ for GSFLs. (Docket No. EERE-
2019-BT-STD-0030, NEMA, No. 18 at p. 3) DOE reviewed the sales indices 
of the linear lamp market published by NEMA for 2015-2020. DOE included 
that data to seed DOE's GSFL shipment model. These indices show a steep 
decline of GSFL sales for all lamp types over that five-year period. 88 
FR 9118, 9130.
---------------------------------------------------------------------------

    \6\ NEMA Lamp Indices, available at https://www.nema.org/analytics/lamp-indices.
---------------------------------------------------------------------------

    In the February 2023 GSFL Final Determination, DOE assumed that in 
each shipment's projection year, demand would only be for replacement 
service of existing GSFL installation and not for new installations. 88 
FR 9118, 9130. DOE also assumed that a fixed fraction of all tubular 
lamp stock (both GSFL and TLEDs) in each year leave the market because 
of retrofits or renovations to integrated LED fixtures. As a result of 
this assumption, the total number of lamps that may retire per year is 
reduced and ultimately each year the tubular lamp market reduces in 
size. (Id.) If the linear lamp market reduces in size because of 
renovations that retire linear lamps for LED fixtures, this also 
reduces the size of the FLB market each year.
    In the February 2023 GSFL Final Determination, based on multiple 
inputs and assumptions, the GSFL shipments model forecasted that the 
linear lamp market would continue to shift quickly to LED over the 
analysis period (2021-2055) in the no-new-standards case. 88 FR 9118, 
9130.
    On October 22, 2019, DOE published a notice of proposed 
determination (``October 2019 FLB Proposed Determination''). 84 FR 
56540. In the October 2019 FLB Proposed Determination, DOE stated that 
DOE agreed with commenters that FLB shipments were declining and 
modeled four no-new standards.
    (1) Scenario #1--declining shipments that all terminate in 2024. 
This scenario is based on the data supplied by NEMA and others 
depicting the decline between 2010 and 2014. The scenario also assumes 
at all new construction migrates to other lights sources than 
fluorescent technology.
    (2) Scenario #2--declining shipments that all terminate in 2040. 
This scenario was based on comments from manufacturers during the 
manufacturer impact analysis (``MIA'') process and written comments of 
a reduction in shipments of 10 to 20 percent per year. This scenario 
assumes that most new construction is utilizing other light sources 
besides fluorescent technology.
    (3) Scenario #3--declining shipments that approach zero near the 
end of the analysis period (2052). This scenario is close to a year-
over-year linear reduction of shipments by 20 percent. This scenario 
was based on data of shipments of other lighting technologies. The rate 
of decline is less compared to the scenario 2 partially to address 
comments received about UL Type A TLEDs operating on fluorescent lamp 
ballasts.
    (4) Scenario #4--declining shipments that terminate near the end of 
the analysis period. This scenario is based on a slower declination 
rate in the initial part of the analysis period and is similar to a 
projected decline in fluorescent lamps. This scenario was based on a 
slower decline rate in the initial part of the analysis period. 84 FR 
56540, 56572.
    In response to the October 2019 FLB Proposed Determination, NEMA 
commented that any shipment scenario that includes a near-20 percent 
rate of decline is useful for estimations and modeling (Docket No. 
EERE-2015-BT-STD-0006, NEMA, No. 24 at p. 5).
    In the December 2020 FLB Final Determination, DOE chose scenario #3 
(declining shipments that approach zero near 2052 with an approximate 
linear year-over-year reduction of shipments by 20 percent) as the 
Reference case. 85 FR 81558, 81576.
    Table II.7 lists the forecasted shipments from the December 2020 
Final Determination for fluorescent lamp ballasts for all four 
scenarios. Table II.7 lists the forecasted shipments for 2022 to help 
calibrate the shipments model for this analysis. DOE listed the 
shipments for forecasted for 2030, 2040, and 2050 to reflect the 
forecasted decline of shipments.

[[Page 18096]]



   Table II.7--Shipments for Fluorescent Lamp Ballasts by Product Class From December 2020 Final Determination
----------------------------------------------------------------------------------------------------------------
                                                     Shipments       Shipments       Shipments       Shipments
  Representative product class       Scenario       forecast in     forecast in     forecast in     forecast in
                                                       2022            2030            2040            2050
----------------------------------------------------------------------------------------------------------------
IS/RS Commercial................               1         893,452               0               0               0
                                               2      11,648,580       2,264,359             147               0
                                               3      13,935,358       7,040,094       2,446,833         481,719
                                               4      17,099,980      12,684,172       4,831,126       1,601,403
PS Commercial...................               1         391,293               0               0               0
                                               2       5,101,568         991,690              64               0
                                               3       6,103,076       3,083,253       1,071,606         210,972
                                               4       7,489,042       5,233,030       2,115,822         701,344
IS/RS 8-foot HO.................               1           8,152               0               0               0
                                               2         106,283          20,660               1               0
                                               3         127,147          64,234          22,325           4,395
                                               4         156,022         109,021          44,080          14,611
Sign............................               1          48,912               0               0               0
                                               2         637,696         123,961               8               0
                                               3         762,885         385,407         133,951          26,371
                                               4         936,130         654,129         264,478          87,668
IS/RS Residential...............               1         163,055               0               0               0
                                               2       2,125,866         413,246              27               0
                                               3       2,543,203       1,284,817         446,547          87,914
                                               4       3,120,746       2,180,647         881,681         292,256
Dimming.........................               1          30,977               0               0               0
                                               2         403,874          78,509               5               0
                                               3         483,160         244,091          84,835          16,702
                                               4         592,883         414,282         167,503          55,523
----------------------------------------------------------------------------------------------------------------

    DOE requests 2022 annual sales data (i.e., number of shipments) for 
fluorescent lamp ballasts by product class. If disaggregated fractions 
of annual sales are not available at the product class level, DOE 
requests more aggregated fractions of annual sales at the product class 
level. Sales data for 2022 will allow DOE to calibrate the shipment 
model.
    DOE requests 2020 and 2022 data on the fraction of sales in the 
residential and commercial sector for IS/RS ballasts.
    If available, DOE requests historical sales information for the 
product classes in Table II.7 for the previous five years (2017-2022).
    DOE requests information considering the February 2023 GSFL Final 
Determination about which shipment scenario from the December 2020 
Final Determination is now most likely for fluorescent lamp ballasts.

H. National Impact Analysis

    The purpose of the national impact analysis (``NIA'') is to 
estimate the aggregate economic impacts of potential efficiency 
standards at the national level. The NIA assesses the national energy 
savings (``NES'') and the national net present value (``NPV'') of total 
consumer costs and savings that would be expected to result from new or 
amended standards at specific efficiency levels.
    In the December 2020 Final Determination, DOE evaluated the effects 
of new and amended standards for fluorescent lamp ballasts by comparing 
no-new-standard-case projections with standards-case projections. The 
no-new-standards-case projections characterize energy use and consumer 
costs for each product class in the absence of new or amended energy 
conservation standards. DOE compared these projections with projections 
characterizing the market for each product class if DOE adopted new or 
amended standards at specific energy efficiency levels for that class. 
In charactering the no-new-standards and standards cases, DOE 
considered historical shipments, the mix of efficiencies sold in the 
absence of amended standards, and how that mix may change over time. 
The December 2020 Final Determination assumed no rebound effect. DOE 
stated that most consumers are commercial and industrial consumers, and 
that the user tends to not see the energy bills, so there would be no 
perceived change in the cost of using the light. 85 FR 81588, 81573.
    DOE requests feedback and information on whether a rebound rate of 
0 percent is appropriate for fluorescent lamp ballasts. If an alternate 
rebound rate should be used, DOE requests information and data in 
support of the alternate rate.

I. Manufacturer Impact Analysis

    The purpose of the manufacturer impact analysis (``MIA'') is to 
estimate the financial impact of amended energy conservation standards 
on manufacturers of FLBs, and to evaluate the potential impact of such 
standards on direct employment and manufacturing capacity. The MIA 
includes both quantitative and qualitative aspects. The quantitative 
part of the MIA primarily relies on the Government Regulatory Impact 
Model (``GRIM''), an industry cash-flow model adapted for each product 
in this analysis, with the key output of industry net present value 
(``INPV''). The qualitative part of the MIA addresses the potential 
impacts of energy conservation standards on manufacturing capacity and 
industry competition, as well as factors such as product 
characteristics, impacts on particular subgroups of firms, and 
important market and product trends.
    As part of the MIA, DOE intends to analyze impacts of amended 
energy conservation standards on subgroups of manufacturers of covered 
products, including small business manufacturers. DOE uses the Small 
Business Administration's (``SBA'') small business size standards to 
determine whether manufacturers qualify as small businesses, which are 
listed by the applicable North American Industry

[[Page 18097]]

Classification System (``NAICS'') code.\7\ Manufacturing of FLBs is 
classified under NAICS 335311, ``Power, Distribution, and Specialty 
Transformer Manufacturing,'' and the SBA sets a threshold of 750 
employees or less for a domestic entity to be considered as a small 
business. This employee threshold includes all employees in a business' 
parent company and any other subsidiaries.
---------------------------------------------------------------------------

    \7\ Available online at www.sba.gov/document/support-table-size-standards (last accessed February 13, 2023).
---------------------------------------------------------------------------

    One aspect of assessing manufacturer burden involves examining the 
cumulative impact of multiple DOE standards and the product-specific 
regulatory actions of other Federal agencies that affect the 
manufacturers of a covered product or equipment. While any one 
regulation may not impose a significant burden on manufacturers, the 
combined effects of several existing or impending regulations may have 
serious consequences for some manufacturers, groups of manufacturers, 
or an entire industry. Assessing the impact of a single regulation may 
overlook this cumulative regulatory burden. In addition to energy 
conservation standards, other regulations can significantly affect 
manufacturers' financial operations. Multiple regulations affecting the 
same manufacturer can strain profits and lead companies to abandon 
product lines or markets with lower expected future returns than 
competing products. For these reasons, DOE conducts an analysis of 
cumulative regulatory burden as part of its rulemakings pertaining to 
appliance efficiency.
    To the extent feasible, DOE seeks the names and contact information 
of any domestic or foreign-based manufacturers that distribute FLBs in 
the United States.
    DOE identified small businesses as a subgroup of manufacturers that 
could be disproportionally impacted by amended energy conservation 
standards. DOE requests the names and contact information of small 
business manufacturers, as defined by the SBA's size threshold, of FLBs 
that manufacture products in the United States. In addition, DOE 
requests comment on any other manufacturer subgroups that could be 
disproportionally impacted by amended energy conservation standards. 
DOE requests feedback on any potential approaches that could be 
considered to address impacts on manufacturers, including small 
businesses.
    DOE requests information regarding the cumulative regulatory burden 
impacts on manufacturers of FLBs associated with (1) other DOE 
standards applying to different products that these manufacturers may 
also make and (2) product-specific regulatory actions of other Federal 
agencies. DOE also requests comment on its methodology for computing 
cumulative regulatory burden and whether there are any flexibilities it 
can consider that would reduce this burden while remaining consistent 
with the requirements of EPCA.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified in the DATES section of this document, comments and 
information on matters addressed in this document and on other matters 
relevant to DOE's consideration of amended energy conservations 
standards for FLBs. After the close of the comment period, DOE will 
review the public comments received and may begin collecting data and 
conducting the analyses discussed in this document.
    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page requires you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies Office 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. If this instruction is followed, 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 www.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 www.regulations.gov cannot be claimed as CBI. Comments received 
through the website 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 www.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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.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. No 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 
encryption and, if possible, they should carry the electronic signature 
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. Pursuant 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 to [email protected] two well-marked copies: one copy of 
the document marked confidential including all the information believed 
to be confidential,

[[Page 18098]]

and one copy of the document marked ``non-confidential'' with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    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).
    DOE considers public participation to be a very important part of 
the process for developing energy conservation standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period in this process. Interactions with and between members 
of the public provide a balanced discussion of the issues and assist 
DOE. Anyone who wishes to be added to the DOE mailing list to receive 
future notices and information about this process or would like to 
request a public meeting should contact Appliance and Equipment 
Standards Program staff at (202) 287-1445 or via email at 
[email protected].

Signing Authority

    This document of the Department of Energy was signed on March 21, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on March 22, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-06265 Filed 3-24-23; 8:45 am]
BILLING CODE 6450-01-P