[Federal Register: October 22, 2009 (Volume 74, Number 203)]
[Rules and Regulations]
[Page 54445-54457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc09-2]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-TP-0007]
RIN 1904-AB77
Energy Conservation Program: Test Procedures for Fluorescent Lamp
Ballasts (Standby Mode)
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Energy (DOE) is amending its test
procedures for fluorescent lamp ballasts under the Energy Policy and
Conservation Act. These amendments address the measurement of energy
consumption of fluorescent lamp ballasts in the standby mode. These
amendments do not address energy consumption in off mode, because DOE
has determined that these products do not operate in off mode.
DATES: This rule is effective November 23, 2009. The incorporation by
reference of certain publications listed in this rule was approved by
the Director of the Federal Register on November 23, 2009.
ADDRESSES: You may review copies of all materials related to this
rulemaking at the U.S. Department of Energy, Resource Room of the
Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 600,
Washington, DC, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at the above telephone number for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Graves, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Telephone: (202) 586-1851. E-mail:
Linda.Graves@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585.
Telephone: (202) 586-5827. E-mail: Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION: This final rule incorporates by reference
into Appendix Q of Subpart B of Title 10, Code of Federal Regulations,
part 430, the following industry standards from the American National
Standards Institute (ANSI):
1. ANSI Standard C82.2-1984, Revision of ANSI C82.2-1977 ``American
National Standard for Lamp Ballasts--Methods of Measurement,'' October
21, 1983; and
2. ANSI Standard C82.2-2002, Revision of ANSI C82.2-1994 (R1995)
``American National Standard for Lamp Ballasts--Methods of Measurement
of Fluorescent Lamp Ballasts,'' June 6, 2002.
Copies of the ANSI standards can be obtained from the American
National Standards Institute, 25 W. 43rd Street, 4th Floor, New York,
NY 10036, (212) 642-4900, or http://www.ansi.org. One can also view a
copy of these standards at the U.S. Department of Energy, Resource Room
of the Building Technologies Program, 950 L'Enfant Plaza, SW., 6th
Floor, Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
Table of Contents
I. Authority and Background
II. Summary of the Final Rule
III. Discussion
A. Definitions
1. Active Mode
2. Standby Mode
3. Off Mode
B. Scope of Applicability
1. Types of Ballasts Covered
2. Relationship to Other Rulemakings
C. Approach
1. Overview of Test Procedure
2. Definitions
3. Test Conditions
4. Test Method and Measurements
5. Test Procedure Measurements and Burden
IV. Regulatory Review
A. Executive Order 12866
B. National Environmental Policy Act
C. Regulatory Flexibility Act
D. Paperwork Reduction Act
E. Unfunded Mandates Reform Act of 1995
F. Treasury and General Government Appropriations Act, 1999
G. Executive Order 13132
H. Executive Order 12988
I. Treasury and General Government Appropriations Act, 2001
J. Executive Order 13211
K. Executive Order 12630
L. Section 32 of the Federal Energy Administration Act of 1974
M. Congressional Notification
V. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291
et seq.; EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part A \1\ of Title III (42 U.S.C. 6291-
6309) establishes the ``Energy Conservation Program for Consumer
Products Other Than Automobiles,'' which covers consumer products (all
of which are referred to below as ``covered products''), including
fluorescent lamp ballasts (ballasts). (42 U.S.C. 6291(1)-(2) and
6292(a)(13))
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\1\ For editorial reasons, Part B (Consumer Products) and Part C
(Commercial Equipment) of Title III of EPCA were redesignated as
Parts A and A-1, respectively, in the United States Code.
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The program consists essentially of testing, labeling, and Federal
energy conservation standards. The testing requirements consist of test
procedures that manufacturers of covered products must use as the basis
for certifying to DOE that their products comply with EPCA energy
conservation standards and for representing the energy efficiency of
their products.
Section 323(b) of EPCA (42 U.S.C. 6293 (b)) authorizes DOE to amend
or establish new test procedures as appropriate for each covered
product. It states that ``[a]ny test procedures prescribed or amended
under this section shall be reasonably designed to produce test results
which measure energy efficiency, energy use, * * * or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use, as determined by the Secretary [of Energy], and
shall not be unduly burdensome to conduct.'' (42 U.S.C. 6293(b)(3)) In
addition, EPCA states that DOE ``shall determine, in the rulemaking
carried out with respect to prescribing such procedure, to what extent,
if any, the proposed test procedure would alter the measured energy
efficiency * * * of any covered product as determined under the
existing test procedure.'' (42 U.S.C. 6293(e)(1)) If DOE determines
that the amended test procedure would alter the measured efficiency of
a covered product, DOE must amend the applicable energy conservation
standard accordingly. (42 U.S.C. 6293(e)(2))
For ballasts, the test procedures must be ``in accord with ANSI
Standard C82.2-1984 or other test procedures determined appropriate by
the Secretary.'' (42 U.S.C. 6293(b)(5)) DOE's existing test procedures
for ballasts, adopted pursuant to the above provisions, appear at Title
10 of the Code of Federal Regulations (CFR) part 430, subpart B,
appendix Q (``Uniform
[[Page 54446]]
Test Method for Measuring the Energy Consumption of Fluorescent Lamp
Ballasts'').
The Energy Independence and Security Act of 2007 (Pub. L. 110-140;
EISA 2007) was enacted December 19, 2007, and contains numerous
amendments to EPCA. These include a requirement that DOE must amend the
test procedures to include standby mode and off mode energy consumption
in the overall energy efficiency, energy consumption, or other energy
descriptor for each covered product for which DOE's current test
procedures do not fully account for standby mode and off mode energy
consumption. If that is technically infeasible, DOE must prescribe a
separate standby mode and off mode energy use test procedure, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)) Any such amendment
must consider the most current versions of International
Electrotechnical Commission (IEC) Standards 62301 and 62087. Id.
In a separate rulemaking proceeding, DOE is considering energy
conservation standards for fluorescent lamp ballasts (docket number
EERE-2007-BT-STD-0016; hereafter referred to as the ``ballast standards
rulemaking''). DOE initiated that rulemaking by publishing a Federal
Register notice announcing a public meeting and availability of the
Framework Document (``Energy Efficiency Program for Consumer Products:
Public Meeting and Availability of the Framework Document for
Fluorescent Lamp Ballasts'') on January 22, 2008. 73 FR 3653. One issue
DOE raised for comment in the ballast standards rulemaking Framework
Document related to DOE's obligation to develop a test procedure that
measures the energy consumed by fluorescent lamp ballasts in standby
mode and off mode. DOE received comments on this issue from interested
parties, both orally at the February 6, 2008 Framework public meeting
and in writing, and DOE addressed these comments in a notice of
proposed rulemaking (NOPR) for the test procedure published on January
21, 2009. 74 FR 3450 (hereafter the ``January 2009 NOPR''). DOE
presented and explained the test procedure proposed rule and received
oral comments at a public meeting on February 2, 2009. DOE invited
written comments, data, and other information on the January 2009 NOPR
and accepted such material through April 6, 2009. Id.
The amendments contained in section 310(3) of EISA 2007 insert a
new subsection (gg)(3) into section 325 of EPCA, which in part directs
that any final rule establishing or revising a standard for a covered
product adopted after July 1, 2010, shall address standby mode and off
mode energy use. (42 U.S.C. 6295(gg)(3)) However, pursuant to new
section 325(gg)(2)(C) of EPCA (42 U.S.C. 6295(gg)(2)(C)), the
amendments for the test procedure will not apply to the existing energy
conservation standards for fluorescent lamp ballasts. Instead, the test
procedure described in today's final rule will lay the groundwork for
DOE to measure and consider energy consumed in standby mode and off
mode for the ballast standards rulemaking (scheduled to be completed in
2011) and future rulemakings. This test procedure will also provide a
means for determining compliance with any energy conservation standard
for fluorescent lamp ballasts which DOE adopts that includes such
energy consumption.
II. Summary of the Final Rule
In this final rule, DOE is modifying the current test procedures
for fluorescent lamp ballasts to incorporate a measure of standby mode
and off mode energy consumption, as required by section 310 of EISA
2007.
In the context of fluorescent lamp ballasts, DOE reviewed the
definitions of ``standby mode'' and ``off mode'' contained in EPCA
section 325(gg)(1). (42 U.S.C. 6295(gg)(1)) DOE found that while it is
possible for fluorescent lamp ballasts to operate in standby mode, the
off mode condition does not apply to fluorescent lamp ballasts because
they do not operate in this mode. For this reason, today's final rule
prescribes a test method for measuring power consumed in standby mode
(see section III.C), but does not prescribe any off mode test method.
Because no standby mode energy conservation standard for
fluorescent lamp ballasts currently exists, the introductory sentence
in subsection 2.2 of appendix Q to subpart B of part 430 prescribed by
this final rule states that ``[t]he measurement of standby mode power
need not be performed to determine compliance with energy conservation
standards for fluorescent lamp ballasts at this time. The above
statement will be removed as part of the rulemaking to amend the energy
conservation standards for fluorescent lamp ballasts to account for
standby mode energy consumption, and the following shall apply on the
compliance date for such requirements.'' Although its application is
not currently required, the test method prescribed by this final rule
will enable DOE to consider the development of standby mode energy
consumption requirements in the context of the fluorescent lamp ballast
standards rulemaking.
As explained in the January 2009 NOPR, the definition of ``standby
mode'' created by EISA 2007 does not apply to all ballasts. 74 FR 3450,
3456 (Jan. 21, 2009). Therefore, DOE proposed test procedure amendments
for standby mode that would apply only to certain ballasts under
certain operating conditions. See sections III.A and III.B for a
detailed discussion of the definitions for ``standby mode'' and ``off
mode'' and of the proposed test procedures for standby mode.
The amendments contained in this final rule are based on provisions
contained in and adapted from the current ANSI testing standard, ANSI
Standard C82.2-2002. DOE's existing test procedure for fluorescent lamp
ballasts measures the input power for active mode using ANSI Standard
C82.2-1984, as contained in 10 CFR part 430, subpart B, appendix Q,
``Uniform Test Method for Measuring the Energy Consumption of
Fluorescent Lamp Ballasts.'' However, the amendments contained in this
final rule are based on measuring input power for the standby mode test
procedure using ANSI Standard C82.2-2002, the most current version of
that standard. The only difference between the two test procedures
relates to the interference of testing instrumentation. Specifically,
the input power measurement of C82.2-2002 reduces the interference of
instrumentation on the input power measurement as compared to C82.2-
1984. However, because modern instrumentation does not significantly
interfere with input power measurements, DOE understands that the
differences between the input power measurements of the two test
procedures are negligible.
At this time, DOE is not updating the fluorescent lamp ballast
active mode test procedure references of ANSI Standard C82.2-1984
because DOE intends to consider revising the fluorescent lamp ballast
active mode test procedure in a subsequent rulemaking, as discussed on
pages 7 through 9 of the framework document and at the Framework
Document public meeting in the ballast standards rulemaking. (Public
Meeting Transcript, No. 9 at p. 70) \2\
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\2\ A notation in the form ``Public Meeting Transcript, No. 9 at
pp. 11-12 and 69-78'' identifies a written comment that DOE has
received and has included in the docket of a rulemaking. This
particular notation refers to a comment: (1) Submitted during the
public meeting on February 6, 2008; (2) in document number 9 in the
docket of this rulemaking; and (3) appearing on page 70 of the
transcript. In particular, this comment is found in the docket for
the fluorescent lamp ballast energy conservation standards
rulemaking (Docket No. EERE-2007-BT-STD-0016, RIN: 1904-AB50).
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[[Page 54447]]
As discussed above, EPCA requires that DOE determine to what
extent, if any, the proposed test procedure would alter the measured
energy efficiency of a covered product as determined under the current
test procedure. (42 U.S.C. 6293(e)(1)) The amendments contained in
today's final rule only add provisions to sections 1, 2, and 3 of
appendix Q to subpart B of Part 430 to address new definitions, test
conditions, and methods for measuring standby mode power. These
amendments do not affect the existing active mode test procedure or
energy conservation standards in place for fluorescent lamp ballasts,
because: (1) The existing active mode test procedures are separate from
and can be applied independent of the standby mode test procedure
provisions; (2) the current energy conservation standards for
fluorescent lamp ballasts do not address standby mode energy
consumption; and (3) the standby mode test procedure requirements do
not apply until the compliance date set forth in the final rule
amending the energy conservation standards for fluorescent lamp
ballasts to account for standby mode energy consumption (anticipated in
2011). Thus, the test procedure amendments contained in this final rule
will not change the measurement of the ballast efficacy factor, the
metric on which the current energy conservation standard is based. In
addition, EISA 2007 provides that amendments to the test procedures to
include standby mode and off mode energy consumption shall not be used
to determine compliance with previously established standards. (42
U.S.C. 6295(gg)(2)(C)) Thus, inclusion of the standby mode provisions
in today's final rule amending DOE's fluorescent lamp ballast test
procedures will not alter the measured fluorescent lamp ballast energy
efficiency and will not affect a manufacturer's ability to demonstrate
compliance with the existing energy conservation standards for
fluorescent lamp ballasts. Based on the circumstances described above,
DOE believes that the EPCA requirement to address whether a test
procedure amendment would alter the measured efficiency of a product
(thereby requiring amendment of existing standards) has been satisfied
and that no further amendments are necessary. DOE notes that any
representation regarding fluorescent lamp ballast standby mode energy
use (such as in manufacturer marketing literature) must be based on the
test procedure prescribed in this final rule after it becomes
effective. DOE is currently unaware, however, of any manufacturer
making such representations. Thus, DOE believes that the test procedure
in itself will have little (if any) impact on manufacturers unless and
until DOE establishes efficiency standards addressing standby mode
energy consumption in the fluorescent ballast standards final rule.
The final rule also amends the regulations to conform to format
requirements regarding the incorporation by reference of the ANSI
standards.
III. Discussion
A. Definitions
In the January 2009 NOPR, DOE proposed that only active mode and
standby mode operation are applicable to fluorescent lamp ballasts. DOE
also proposed that off mode does not exist for a ballast. 74 FR 3450,
3453 (Jan. 21, 2009). As discussed below, this position remains valid
for today's final rule.
1. Active Mode
Although DOE is not directed to adopt a test procedure for active
mode in section 325(gg) of EPCA, a review of the definition of ``active
mode'' and DOE's interpretation of its meaning is necessary to clarify
the definition of ``off mode,'' which uses the term ``active mode.''
EPCA section 325(gg)(1)(A)(i) defines ``active mode'' as ``the
condition in which an energy-using product--(I) Is connected to a main
power source; (II) has been activated; and (III) provides 1 or more
main functions.'' (42 U.S.C. 6295(gg)(1)(A)(i)) In the January 2009
NOPR, DOE stated that the main function of a fluorescent lamp ballast
is to operate one or more fluorescent lamps (i.e., provide and regulate
current to the lamps). 74 FR 3450, 3453 (Jan. 21, 2009). DOE also
stated that the ballast is operating the lamp when the lamp is emitting
any amount of light. Id.
In response to the January 2009 NOPR, the National Electrical
Manufacturers Association (NEMA) questioned how DOE would treat
ballasts subject to a ``fault load,'' such as ballasts operating under
conditions where it is not connected to a lamp, is connected to a
failed lamp, or is connected to a faulty socket. (NEMA, No. 27 at p. 1)
NEMA commented that this condition is not considered in the European
Union (EU) definition of ``standby mode'' in Commission Regulation No.
1265/2008, which states: `` `Standby mode(s)' means a condition where
the equipment is connected to the mains power source, depends on energy
input from the main power source to work as intended and provides only
the following functions, which may persist for an indefinite time:--
Reactivation function, or reactivation function and only an indication
of enabled reactivation function, and/or--information or status
display;'' Commission Regulation (EC) No 1275/2008 of 17 December 2008,
L 339/46 EN Official Journal of the European Union 18.12.2008. (NEMA,
No. 27 at p. 2)
In amending its test procedures to account for standby mode and off
mode energy consumption, Congress instructed DOE to take into account
the current version of IEC 62301 (EISA 2007, section 310). DOE notes
that the ``standby mode'' definition in IEC 62301 defines ``standby
mode'' as the ``lowest power consumption mode which cannot be switched
off (influenced) by the user and that may persist for an indefinite
time when an appliance is connected to the main electricity supply and
used in accordance with the manufacturer's instructions.'' However,
this IEC definition does not apply to a ballast connected to a ``fault
load,'' because connecting a ballast to a fault load is not using a
ballast in accordance with the manufacturer's instructions. Similarly,
while not controlling here, DOE agrees that ballasts connected to a
fault load likewise do not meet the EU definition of ``standby mode.''
DOE did not address the ``fault load'' condition in the NOPR.
Upon further consideration and in response to NEMA's comment, DOE
believes a ballast that is connected to a ``fault load'' is in active
mode. In fault mode, the ballast meets all three criteria for active
mode function. More specifically, the ballast is activated, connected
to mains power, and providing a main function. The main function of a
ballast connected to a fault load is to apply a voltage across the
sockets in an attempt to start and operate a lamp if a lamp were
properly installed. Thus, DOE believes active mode for fluorescent
ballasts is the condition in which the ballast is providing a regulated
current to a properly installed functional lamp or providing a voltage
to the sockets to start and operate a lamp if a functional lamp were
properly installed. The above clarifies DOE's statement in the January
2009 NOPR regarding active mode operation of fluorescent lamp ballasts.
2. Standby Mode
EPCA section 325(gg)(1)(A)(iii) defines ``standby mode'' as ``the
condition in which an energy-using product--(I) is connected to a main
power source; and (II) offers 1 or more of the following user-oriented
or
[[Page 54448]]
protective functions: (aa) To facilitate the activation or deactivation
of other functions (including active mode) by remote switch (including
remote control), internal sensor, or timer. (bb) Continuous functions,
including information or status displays (including clocks) or sensor-
based functions.'' (42 U.S.C. 6295(gg)(1)(A)(iii)) As described below,
two key aspects of this definition are that fluorescent lamp ballasts
must: (1) Be connected to a main power source, and (2) offer the
activation or deactivation of other functions by remote switch or
internal sensor.
To be in the ``standby mode'' under the EPCA definition of that
term in part requires that fluorescent lamp ballasts be connected to
their main power source. (42 U.S.C. 6295(gg)(1)(A)(iii)) This
requirement effectively precludes the majority of ballasts from having
standby mode energy consumption, because most ballasts are operated
with on-off switches, motion sensors, circuit breakers, or other relays
that connect main power to switch on the ballast. Once the main power
source is connected to the ballast, the ballast immediately begins to
provide voltage to the lamp sockets to start a lamp (if a functional
lamp were properly installed) and then to provide a regulated current
to a properly-installed, functional lamp. In this way, the ballast is
in active mode, as discussed above. Thus, DOE finds that those ballasts
that are controlled by disconnecting the main power source from the
ballast never operate in standby mode.
EPCA's definition of ``standby mode'' also applies to energy-using
products that facilitate the activation or deactivation of other
functions by remote switch, internal sensor, or timer. (42 U.S.C.
6295(gg)(1)(A)(iii)(II)(aa)) DOE interprets this condition as applying
only to fluorescent lamp ballasts that are designed to operate in, or
function as, a lighting control system where auxiliary control devices
send signals to the ballast. An example would be a ballast that
incorporates a digital addressable lighting interface (DALI). A ballast
that incorporates a lighting interface like DALI (whether dimming or
not) has an electronic circuit enabling the ballast to communicate
with, and receive instructions from, the lighting interface. These
instructions could tell the ballast to enter active mode or to adjust
the light output to zero-percent output. In the latter case, the
ballast no longer provides a regulated voltage and/or current to its
sockets. Moreover, such ballasts are always connected to a main power
source without being disconnected by an on-off switch or other type of
relay. Thus, at zero light output, the ballast is standing by,
connected to a main power source while it awaits instructions from the
lighting control system to provide regulated voltage and/or current to
its sockets. Thus, the only fluorescent lamp ballasts DOE is aware of
that meet the statutory requirements for standby mode are those
ballasts that are an active component of a lighting control system. DOE
did not receive any adverse comments with regard to its interpretation
of ``standby mode'' for fluorescent ballasts. Therefore, in
consideration of the above, DOE's interpretation of standby mode
remains the same as in the January 2009 NOPR. 74 FR 3450, 3453 (Jan.
21, 2009)
3. Off Mode
EPCA section 325(gg)(1)(A)(ii) defines ``off mode'' as ``the
condition in which an energy-using product--(I) Is connected to a main
power source; and (II) is not providing any standby or active mode
function.'' (42 U.S.C. 6295(gg)(1)(A)(ii)) DOE considered this
definition in the context of fluorescent lamp ballasts and finds that
off mode does not apply to any fluorescent lamp ballast (dimmable or
non-dimmable), because off mode describes a condition that
commercially-available ballasts do not attain.
The definition of ``off mode'' requires that ballasts be connected
to a main power source and not provide any standby or active mode
function. (42 U.S.C. 6295(gg)(1)(A)(ii)) It is not possible for
ballasts to meet these criteria, because there is no condition in which
the ballast is connected to the main power source and is not in a mode
already accounted for in either active mode or standby mode (as defined
previously). Thus, ballasts never meet the second requirement of the
EPCA definition of ``off mode.'' (42 U.S.C. 6295(gg)(1)(A)(ii)(II)) DOE
did not receive any adverse comments with regard to its interpretation
of ``off mode'' for fluorescent ballasts. Therefore, DOE's
interpretation of ``off mode'' remains the same as in the January 2009
NOPR: that off mode is not applicable to fluorescent lamp ballasts. 74
FR 3450, 3453-54 (Jan. 21, 2009). Should circumstances change, DOE may
revisit this interpretation and propose a test method for measuring off
mode in fluorescent lamp ballasts.
B. Scope of Applicability
1. Types of Ballasts Covered
According to the definition set forth in 42 U.S.C. 6291(29)(A),
``[t]he term `fluorescent lamp ballast' means a device which is used to
start and operate fluorescent lamps by providing a starting voltage and
current and limiting the current during normal operation.'' This
definition indicates that DOE's coverage authority for this test
procedure extends to many types of ballasts that are not covered by
standards prescribed by EPCA, such as dimming ballasts. (42 U.S.C.
6295(g)(6); 42 U.S.C. 6295(g)(8)(C)) As discussed in section III.A.2 of
this final rule, however, DOE considers standby mode as only applying
to ballasts that incorporate some kind of lighting control system
interface; DOE believes these ballasts are the only ones that currently
satisfy the EPCA definition of ``standby mode.'' (42 U.S.C.
6295(gg)(1)(A)(iii)) These ballasts are designed with circuitry that
adds features, including intelligent operation. As discussed in section
III.A.2, one example of these ballasts would be a DALI-enabled ballast.
DALI-enabled ballasts have internal circuitry that is fundamentally
part of the ballast design that remains active and consumes energy,
even when the ballast is not operating any lamps. DOE is unaware of any
other types of ballasts that would perform standby mode functions.
In summary, although this test procedure applies to any
``fluorescent lamp ballast'' as defined in section 321 of EPCA (42
U.S.C. 6291(29)(A)), most ballasts would not be subject to the
provisions pertaining to standby mode because they do not operate in
the standby mode. DOE finds that the ballasts subject to standby mode
power measurements would be those that incorporate some electronic
circuit enabling the ballast to communicate with and be part of a
lighting control system. Such ballasts could include both dimming
ballasts and non-dimming ballasts. DOE did not receive any adverse
comments with regard to its interpretation of the types of ballast
covered by the standby mode test procedure provisions.
2. Relationship to Other Rulemakings
DOE is conducting two additional rulemakings on fluorescent lamp
ballasts. As previously mentioned, DOE initiated a ballast standards
rulemaking in January 2008, which will evaluate whether to amend the
energy conservation standards in place for fluorescent lamp ballasts,
including whether to add standby mode requirements. In that rulemaking
process, DOE is also considering extending coverage and standards to
additional fluorescent lamp ballasts, such as dimming ballasts. NEMA
commented that this fluorescent lamp
[[Page 54449]]
ballast standby mode test procedure rulemaking may slow the market's
adoption of dimming ballasts, which allow consumers to reduce light
output and save energy. (NEMA, Public Meeting Transcript, No. 24 at pp.
34-35) DOE agrees that the majority of ballasts with a lighting control
interface currently are dimming ballasts. Nevertheless, DOE notes that
it is required by law to create a test procedure for fluorescent lamp
ballasts in standby mode. (42 U.S.C. 6295(gg)(2)(A)) Furthermore, EPCA
requires DOE to consider standby mode and off mode for all energy
conservation standard final rules issued after July 1, 2010. (42 U.S.C.
6295(gg)(3)(A)) Because the final energy conservation standard rule for
fluorescent lamp ballasts is scheduled to be issued in June 2011 (i.e.,
after July 1, 2010), DOE must consider amending the standard to address
standby mode during that rulemaking. DOE will carefully consider NEMA's
comment regarding potential impacts on market adoption of dimming
ballasts in the rulemaking amending the energy conservation standard to
address standby mode energy consumption.
The second rulemaking is a test procedure rulemaking concerning
fluorescent lamp ballast active mode energy consumption, in which DOE
will consider updating the references to industry standards (found in
appendix Q to subpart B of 10 CFR part 430) to current versions of the
industry standards. EPCA requires that test procedures must be ``in
accord with ANSI standard C82.2-1984 or other test procedures
determined appropriate by the Secretary.'' (42 U.S.C. 6293(b)(5))
Because the industry testing standard ANSI Standard C82.2 was revised
in the year 2002, DOE is adopting ANSI Standard C82.2-2002 for
measuring standby power for the test procedure amendments prescribed in
this final rule. DOE notes that this will result in standby mode power
measurement requirements that are different, at present, from those in
the current active mode power test procedure, which references ANSI
Standard C82.2-1984. However, DOE further notes that use of the standby
mode provisions of the fluorescent lamp ballast test procedures is not
required until the compliance date of an amended energy conservation
standard that addresses standby mode operation, thereby further
minimizing the impacts of referencing two different versions of the
same ANSI standard.
C. Approach
1. Overview of Test Procedure
EPCA section 325(gg)(2)(A) in part directs DOE to establish test
procedures to include standby mode, ``taking into consideration the
most current versions of Standards 62301 and 62087 of the International
Electrotechnical Commission * * *'' (42 U.S.C. 6295(gg)(2)(A)) IEC
Standard 62087 applies only to audio, video, and related equipment, but
not to lighting equipment. Thus, IEC Standard 62087 does not apply to
this rulemaking, so DOE developed today's final rule consistent with
procedures outlined in IEC Standard 62301, which applies generally to
household electrical appliances. To develop a test method that would be
familiar to fluorescent lamp ballast manufacturers, DOE referenced
language and methodologies presented in ANSI Standard C82.2-2002, ``For
Lamp Ballasts--Method of Measurement of Fluorescent Lamp Ballasts.''
Today's final rule test procedure for measuring standby mode energy
consumption consists of the following steps: (1) A signal is sent to
the ballast instructing it to reduce light output to zero percent; (2)
the main input power to the ballast is measured; and (3) the power from
the control signal path is measured in one or more of three ways,
depending on how the signal from the control system is delivered to the
ballast.
In sections III.C.2 through III.C.4, DOE discusses the amendments
to section 1 of appendix Q to subpart B of 10 CFR part 430 (hereafter,
``appendix Q'').
2. Definitions
Section 1 of appendix Q provides definitions for terms used in the
test procedure for fluorescent lamp ballasts. DOE is inserting five new
terms to define terminology used in the test procedure amendments being
adopted today: (1) AC control signal; (2) DC control signal; (3) PLC
control signal; (4) standby power; and (5) wireless control signal.
These new terms support the sections of the test procedure that address
the measurement of control signal power to fluorescent lamp ballasts
operating in standby mode. In addition, DOE is listing the terms in
appendix Q alphabetically. The following text describes the origin of
the five new terms. DOE did not receive any adverse comments with
regard to the definitions proposed in the NOPR. Although DOE proposed
in the NOPR to include a definition for ``ANSI Standard C82.2-2002'' in
appendix Q, in this final rule, DOE has decided to provide details
regarding this incorporation by reference in 10 CFR 430.3, consistent
with the formatting of other industry standards incorporated by
reference.
The definition for ``AC control signal'' states that it is ``an
alternating current (AC) signal that is supplied to the ballast using
additional wiring for the purpose of controlling the ballast and
putting the ballast in standby mode.'' Some lighting control systems
operate by communicating with the ballasts over a separate wiring
system using an AC voltage. Neither IEC Standard 62301 nor ANSI
Standard C82.2-2002 define ``AC control signal.'' Therefore, DOE
drafted the above definition of the term ``AC control signal'' to
enhance the clarity and understanding of its test procedure--
specifically that an AC control signal is a signal supplied to the
ballast over a discrete wiring system for the purpose of ballast
control. In today's test procedure final rule, DOE is requiring that
the fluorescent lamp ballast's AC control signal power be measured
through the control signal wiring system.
The definition of ``DC control signal'' states that it is ``a
direct current (DC) signal that is supplied to the ballast using
additional wiring for the purpose of controlling the ballast and
putting the ballast in standby mode.'' Some lighting control systems
operate by communicating with the ballasts over a separate wiring
system using DC voltage. DOE was unable to locate a definition for the
term ``DC control signal'' in IEC Standard 62301 or ANSI Standard
C82.2-2002. Therefore, DOE drafted the above definition of a ``DC
control signal'' to enhance the clarity and understanding of its test
procedure--specifically, that a DC control signal is a signal supplied
to the ballast over a discrete wiring system for the purpose of ballast
control. In today's test procedure final rule, DOE is requiring that
the fluorescent lamp ballast's DC control signal power must be measured
through the control signal wiring system.
The definition of ``PLC control signal'' states that it is ``a
power line carrier (PLC) signal that is supplied to the ballast using
the input ballast wiring for the purpose of controlling the ballast and
putting the ballast in standby mode.'' Some lighting control systems
operate by communicating with the ballasts over the existing power
lines that constitute the main power connection. DOE was unable to
locate a definition for the term ``PLC control signal'' in IEC Standard
62301 or ANSI Standard C82.2-2002. Therefore, DOE drafted the above
definition of a ``PLC control signal'' to enhance the clarity
[[Page 54450]]
and understanding of its test procedure--specifically, that a PLC
control signal is a signal supplied to the ballast over the ballast's
input power wiring for the purpose of controlling the ballast. In
today's test procedure final rule, DOE is requiring that the
fluorescent lamp ballast's PLC control signal power must be measured
through the ballast input power wiring.
The definition of ``standby mode'' was provided in EPCA section
325(gg)(1)(A)(iii). (42 U.S.C. 6295(gg)(1)(A)(iii)) In today's final
rule, DOE has decided to incorporate this EPCA definition into appendix
Q.
The definition of ``wireless control signal'' states that it is ``a
wireless signal that is radiated to and received by the ballast for the
purpose of controlling the ballast and putting the ballast in standby
mode.'' Some lighting control systems operate by communicating with the
ballasts over a wireless system, much like a wireless computer network.
DOE was unable to locate a definition for the term ``wireless control
signal'' in IEC Standard 62301 or ANSI Standard C82.2-2002. Therefore,
DOE drafted the above definition of a ``wireless control signal'' to
enhance the clarity and understanding of its test procedure--
specifically, that a wireless control signal is a signal radiated from
the lighting control system to the ballast for the purpose of
controlling the ballast.
3. Test Conditions
Section 2 of appendix Q provides the required test conditions for
measuring the performance of fluorescent lamp ballasts. DOE is
modifying section 2 to establish new test conditions only for the
measurement of standby mode energy consumption. This will not affect
the existing test conditions required for measuring the ballast
efficacy factor in the current fluorescent lamp ballast test procedure.
Section 2 is now subdivided into two subsections, 2.1 and 2.2.
Subsection 2.1 contains the same requirements previously in section 2,
based on the test conditions contained in ANSI Standard C82.2-1984, for
the purpose of measuring the ballast efficacy factor in active mode.
Subsection 2.2 is structured in the same way as subsection 2.1;
however, it is for the purpose of measuring energy consumed in standby
mode, and the test conditions are based on ANSI Standard C82.2-2002.
DOE acknowledges that the ANSI standards referenced in subsections 2.1
and 2.2 differ in areas related to the interference of testing
instrumentation. Specifically, DOE believes the input power measurement
of ANSI Standard C82.2-2002 reduces the interference of instrumentation
on the input power measurement as compared to ANSI Standard C82.2-
1984. However, DOE also believes that because modern instrumentation
does not significantly interfere with input power measurements, the
differences between the input power measurements of the two test
procedures are negligible. To address this difference and any other
differences between the two ANSI standards, DOE will conduct a separate
test procedure rulemaking on the existing (active mode) fluorescent
lamp ballast test procedure; in that rulemaking, DOE will evaluate and
consider updating the referenced ANSI standard in subsection 2.1. DOE
will also evaluate and consider combining subsections 2.1 and 2.2 into
one section.
The standby mode test procedure proposed by DOE in the January 2009
NOPR refers the reader to sections 5, 7, and 8 of ANSI Standard C82.2-
2002 for all test conditions. These sections of the ANSI standard
describe requirements for ballast electrical supply characteristics,
test measurement circuits, and measurement instruments. The standard
does not discuss configuration requirements for ballasts that can
connect to control devices (sensors) or ballasts that can interface
with circuitry for multiple types of control signals. NEMA commented
that fluorescent lamp ballasts that can connect to control sensors do
not represent the typical ballast configuration in a lighting system,
and that the standby power of such ballasts should be measured with all
control sensors disconnected from the ballast. (NEMA, No. 27 at p. 3)
DOE acknowledges that the typical ballast installed in a lighting
system may not have connections to control sensors and that a standby
power measurement of a ballast with such devices attached will
incorporate any energy that the ballast provides to these control
sensors. DOE, however, interprets section 310(3) of EISA 2007 (42
U.S.C. 6295(gg)(2)) as requiring the establishment of a standby mode
test procedure for all fluorescent lamp ballasts to which standby mode
applies, because the statute does not limit coverage to only typical
ballasts in lighting systems. Therefore, DOE is amending the
fluorescent lamp ballast test procedure to cover ballasts in both
typical and atypical configurations. Thus, DOE has added configuration
requirements to section 2.2 of the test procedure, which now states
that ``[f]luorescent lamp ballasts that are capable of connections to
control devices shall be tested with all commercially available
compatible control devices connected in all configurations supported by
manufacturer literature. For each configuration, a separate measurement
of standby power shall be made in accordance with section 3.5 of the
test procedure.'' DOE believes that this revision enables the
prescribed test procedure to characterize the maximum energy
consumption of any fluorescent lamp ballast that features a standby
mode.
DOE is also correcting the acronym used in existing section 2 for
the American National Standard Institute, which is shown as ``ANIS''
instead of ``ANSI.'' For clarity and also for consistency with other
parts of the statute, DOE has also added two references to section
430.3 titled ``Materials incorporated by reference'' for information on
obtaining ANSI Standard C82.2-1984 and ANSI Standard C82.2-2002. DOE
notes that ANSI Standard C82.2-1984 is referenced by section 2.1 of the
prescribed test procedure, while section 2.2 of the test procedure
references ANSI Standard C82.2-2002. For clarity, all of section 2.1 is
shown in this final rule notice as adopted new language, although the
only actual changes to section 2.1 are the acronym correction, the
reference to section 430.3, and the addition of a sentence that reads,
``The test conditions described in this subsection (2.1) are applicable
to subsections 3.3 and 3.4 of section 3, Test Method and
Measurements.''
4. Test Method and Measurements
Section 3 of appendix Q provides the test method and measurements
associated with the fluorescent lamp ballast test procedure. This
section references requirements for instrumentation and all the steps a
technician must follow when measuring ballast performance. In today's
final rule, DOE is not changing any of the existing requirements or
steps associated with testing for determining the ballast efficacy
factor. Instead, DOE is adding new steps at the end of section 3 that
describe the procedure that must be followed for measuring energy
consumed during ballast operation in standby mode.
In subsection 3.1, DOE is adding a new sentence: ``The test for
measuring standby mode energy consumption of fluorescent lamp ballasts
shall be done in accordance with ANSI Standard C82.2-2002.'' DOE notes
that the first sentence in subsection 3.1 states, ``The test method for
testing fluorescent lamp ballasts shall be done in accordance with ANSI
Standard C82.2-1984.'' These two sentences in subsection 3.1 prescribed
by this final rule create a
[[Page 54451]]
bifurcated test setup, requiring technicians to conduct the active mode
testing on a fluorescent lamp ballast using conditions in ANSI Standard
C82.2-1984 and then to test standby mode energy consumption using
conditions in ANSI Standard C82.2-2002. However, DOE intends to
initiate another fluorescent lamp ballast test procedure rulemaking
that would consider the usage of one standard for all fluorescent lamp
ballast energy consumption testing, for consistency and clarity. While
today's test procedure will become effective 30 days after publication
of this final rule, manufacturers will not be required to use the
standby provisions of this test procedure to demonstrate compliance
with the energy conservation standards for fluorescent lamp ballasts
unless and until DOE amends the energy conservation standards to
address standby mode energy consumption in a subsequent final rule
which is scheduled to be completed in 2011, as explained in the January
2008 Framework Document for that rulemaking. 73 FR 3653, 3654 (Jan. 22,
2008). However, DOE notes that any representation regarding fluorescent
lamp ballast standby mode energy use (such as in manufacturer marketing
literature) must be based on the test procedure prescribed in this
final rule after it becomes effective. DOE is currently unaware,
however, of any manufacturer making such representations. Thus, DOE
believes that the test procedure in itself will have little (if any)
impact on manufacturers unless and until DOE establishes efficiency
standards in the fluorescent ballast standards final rule.
In subsection 3.5, DOE has inserted the test method for measuring
standby mode power. In this subsection, DOE directs the technician to
send a signal to the ballast under test, instructing the ballast to
have zero light output using the appropriate ballast communication
protocol or system for that ballast. Next, the technician must measure
the input power (in watts) to the ballast in accordance with ANSI
Standard C82.2-2002. Finally, the technician measures the control
signal power from the ballast control signal path using methods for all
of the following signal path types that are applicable to the ballast:
(1) An AC control signal path; (2) a DC control signal path; or (3) a
power line carrier (PLC) control signal path, depending on the type of
path or paths that the ballast employs.
The measurement of input power to the ballast from the main
electricity supply is based on the approach in ANSI Standard C82.2-
2002, section 13. This measurement parallels the approach DOE followed
in subsection 3.3.1 of the existing test procedure for fluorescent lamp
ballasts, in which technicians are directed to measure the input power
(watts) to the ballast in accordance with ANSI Standard C82.2-1984,
section 3.2.1(3) and section 4. The requirements of ANSI Standard
C82.2-1984 have been combined into section 13 in ANSI Standard C82.2-
2002. Thus, the test measurements of ballast input power are required
to be done in accordance with the appropriate sections of the industry
test method.
NEMA commented on the measurement equipment in the ballast input
power measurement method proposed in the January 2009 NOPR. NEMA
expressed concern that the test procedure and a schematic shown at the
public meeting could be interpreted as requiring the determination of
input power to a ballast by separate measurements of voltage and
current. NEMA requested clarification of the roles of the ammeter and
volt-meter in the measurement of input power. (NEMA, No. 27 at p. 2) In
response, DOE notes that the test procedure does not require the
separate measurement of input power current and voltage. To clarify the
test procedure measurement method, DOE has inserted revised schematics
into sections 3.5.2, 3.5.3.1, and 3.5.3.3 of the test procedure that
are based on the schematic shown in Figure 2 of section 7 in ANSI
C82.2-2002. This figure indicates the presence of a power analyzer with
internal wattage, voltage, and current measurement devices connected as
shown in the schematic.
In subsection 3.5.3 of today's test procedure final rule, DOE
requires a measurement of control signal power. DOE is aware of four
possible ways to deliver a control signal to a fluorescent lamp
ballast: (1) A dedicated AC control signal wire; (2) a dedicated DC
control signal wire; (3) a PLC control signal over the main supply
input wires; and (4) a wireless control signal. The test procedure
requires measurement of the lighting control signal power and lists
three methods for measuring that power, depending on which type of
lighting control signal is used. DOE incorporates three circuit
diagrams in sections 3.5.3.1, 3.5.3.2, and 3.5.3.3 to clearly present
the method of measurement for each type of control system communication
protocol.
The test procedure proposed in the January 2009 NOPR characterized
fluorescent lamp ballasts featuring standby mode that utilized one type
of control signal connection. It is technically feasible for a ballast
to feature more than one type of control signal connection. For this
final rule, DOE has revised section 3.5.3 of the test procedure to
indicate that ``[t]he power from the control signal path will be
measured using all applicable methods described'' in sections 3.5.3.1
through 3.5.3.4 of the test procedure so that the procedure is capable
of determining the maximum energy consumption of a fluorescent lamp
ballast in standby mode.
As to the fourth approach, DOE estimates that the power supplied to
a ballast using a wireless signal is well below 1.0 watt. NEMA agreed
that for wireless control signals, the majority of the receiver power
would be generated in the ballast, rather than being carried wirelessly
to the ballast. (NEMA, Public Meeting Transcript, No. 24 at p. 28) DOE
has excluded from the test procedure a measurement of wireless signal
power for these reasons.
DOE received three other comments from interested parties on the
measurement of control signal power. First, NEMA stated that equipment
used to measure PLC power must be capable of measuring the appropriate
frequencies, as the power distributed over the input ballast wiring
would also include the PLC power. (NEMA, No. 27 at p. 2) DOE agrees
with this comment and notes that section 3.5.3.3 of the test procedure
requires the usage of a wattmeter of ``a frequency response that is at
least 10 times higher than the PLC being measured'' in conjunction with
a high-pass filter ``to filter out power at 60 Hertz.'' DOE believes
that a high-pass-filtered wattmeter with such a frequency response will
accurately measure the PLC signal; thus, DOE has made no change to the
wattmeter requirements for PLC measurement in this final rule.
Second, the People's Republic of China (``P.R. China'') commented
that DOE did not consider issues with electromagnetic compatibility
(EMC) associated with the PLC signal in the January 2009 NOPR. P.R.
China is concerned that electromagnetic interference from the PLC
signal could significantly affect the measurement of standby power.
(P.R. China, No. 26 at p. 2) DOE understands that if the PLC signal
were a very high-frequency signal (e.g., with a frequency in the
megahertz (MHz) range), then the electromagnetic interference from the
signal would affect the standby power measurement significantly (i.e.,
cause variances in the input power measurement by more than one watt).
However, PLC signals to fluorescent ballasts are on the order of 20
kilohertz (kHz). According to industry experts, any variance in the
input power due to electromagnetic interference at frequencies of this
[[Page 54452]]
magnitude are insignificant (i.e., variance would be much less than a
watt). In fact, the Federal Communications Commission only regulates
PLC measurements from 150 kHz to 30 MHz so that conducted emissions in
this frequency range do not interfere with nearby radio receivers. (47
CFR 15 Subpart B) Accordingly, DOE has determined that shielding PLC
measurements from electromagnetic interference for ballasts is
unnecessary. As a result, DOE has not modified the test procedure to
include shielding in today's final rule.
Third, NEMA commented on the intent of the circuit diagrams in
sections 3.5.3.1, 3.5.3.2, and 3.5.3.3 of the test procedure regarding
the measurement of control signal power. NEMA expressed concern that it
is not clear that the intent of the circuit diagrams in sections
3.5.3.1, 3.5.3.2, and 3.5.3.3 is to measure only the control signal
power to the ballast as opposed to the control system. (NEMA, Public
Meeting Transcript, No. 24 at pp. 21-23) DOE believes that the intent
of the diagrams (that only the control signal to the ballast should be
measured) is clear, as they are similar to diagrams measuring the
ballast input power in ANSI Standard C82.2-2002. Therefore, DOE has
decided not to modify the circuit diagrams further for today's final
rule.
NEMA also commented on the measurement of ballast input power and
control signal power for ballasts that feature control signal device
power supplies. NEMA commented that the measurement method proposed in
the January 2009 NOPR is inappropriate for ballasts that use control
devices powered by the ballast itself (i.e., the power supply for the
control sensors is built into the ballast), as the test procedure would
measure the energy consumed by the control sensor power supply when the
ballast is in standby mode. NEMA recommended that the ballast input
power measurement method should apply only when the control device
power supply is external to the ballast. NEMA commented that the
proposed method would limit innovation by encouraging system designers
to use control signal device power supplies separate from ballasts.
(NEMA, No. 27 at p. 3) DOE agrees that the measurement method would
measure the energy consumed by any control sensor power supply internal
to a ballast when the ballast is in standby mode. The typical ballast
in a lighting system may not have such power supplies; however, as
explained previously, DOE interprets section 310(3) of EISA 2007 (42
U.S.C. 6295(gg)(2)) as requiring the establishment of a standby mode
test procedure for all fluorescent lamp ballasts that feature a standby
mode, not only typical ballasts in lighting systems. It also would be
burdensome to measure the energy consumed only by the elements of a
ballast that are not related to the distribution of energy to control
sensors, as such measurement would likely require the dismantling of a
ballast. DOE will consider the impacts of fluorescent lamp ballast
standby mode energy conservation standards on utility, consumers, the
Nation, and other elements in the ballast standards rulemaking.
NEMA also suggested that the standby power of fluorescent lamp
ballasts with internal control device power supplies should be
determined solely by the input power measurement method. (NEMA, No. 27
at p. 3) DOE disagrees that only the input power measurement should be
used for ballasts that feature control signal device power supplies.
Because DOE's interest is energy savings for consumers and the Nation,
DOE wishes to produce a test procedure that can determine the maximum
energy consumption of a fluorescent lamp ballast in standby mode. This
requires a measurement of ballast input power as well as control signal
power of any control signal types that a ballast supports, regardless
of whether the ballast features a control signal device power supply.
Therefore, DOE has retained the test procedure's required measurements
of control signal power and input power of a fluorescent lamp ballast
in standby mode for this final rule.
5. Test Procedure Measurements and Burden
The fluorescent lamp ballast standby mode energy consumption test
procedure prescribed in this final rule is consistent with IEC Standard
62301 and follows testing approaches used in ANSI Standard C82.2-2002.
The procedure requires measurements of the input power of the ballast
in standby mode and the control signal power of the ballast in standby
mode, including measurements for all applicable control signal types
and all manufacturer-supported configurations of control sensors
connected to the ballast (according to manufacturer literature). DOE
acknowledges that it does not indicate how to combine these measured
values or use them in equations. DOE believes, however, that these
measurements of standby mode power consumption will be necessary for
the development of future energy conservation standards for fluorescent
lamp ballasts, and such issues will be addressed at that time, as
necessary.
The test procedure prescribed in this final rule, as required by
EPCA section 325(gg), is designed to produce results that measure power
consumption in an accurate and repeatable manner, and should not be
unduly burdensome on manufacturers to conduct, because it requires only
one additional measurement using a test setup that is already commonly
used in the industry for measuring ballast power consumption.
Manufacturers are not currently required to measure standby mode power
in order to determine compliance with energy conservation standards for
fluorescent lamp ballasts, as the current energy conservation standards
for such ballasts do not include a standby mode energy consumption
requirement. However, DOE notes that any representation regarding
fluorescent lamp ballast standby mode energy use (such as in
manufacturer marketing literature) must be based on the test procedure
prescribed in this final rule once it becomes effective. DOE is
currently unaware, however, of any manufacturer making such
representations. For these two reasons, DOE believes that today's test
procedure amendments will have little (if any) impact on manufacturers
unless and until DOE adopts fluorescent lamp ballast energy
conservation standards that include standby mode energy consumption
requirements. In addition, if DOE adopts such requirements, DOE
believes that the test procedure adopted in this final rule would not
be unduly burdensome. The amended test procedures requires a technician
to make one additional measurement using a test setup that is already
commonly used in the industry for measuring active mode ballast energy
consumption. In addition, as stated in today's final rule, standby mode
only applies to a very small subset of fluorescent lamp ballasts (i.e.,
those enabled to operate on lighting control systems), and, therefore,
the vast majority of ballasts sold would not be affected by today's
amendments.
Concerning test procedure burden, NEMA commented that the test
procedure proposed by DOE in the January 2009 NOPR adds workload to
manufacturers for little or no benefit because DALI ballasts account
for approximately 0.15 percent of ballast sales in the United States
and are expected to remain low in sales volume over the next 5 years.
(NEMA, No. 27 at p. 3) DOE is aware that the test procedure may add
some incremental degree of burden to manufacturers. However, this
rulemaking addresses the
[[Page 54453]]
creation of a test procedure for fluorescent lamp ballasts in standby
mode, as required by section 310(3) of EISA 2007. (42 U.S.C.
6295(gg)(2)) The benefits of energy conservation standards will be
characterized and quantified in the ballast standards rulemaking. For
these reasons, DOE has continued with the creation of a test procedure
for fluorescent lamp ballasts in standby mode. DOE has determined that
the test procedure adopted in today's rulemaking is not unduly
burdensome to conduct, as required by EPCA and discussed above. (42
U.S.C. 6293(b)(3))
IV. Regulatory Review
A. Executive Order 12866
Today's regulatory action is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under that Executive Order by the
Office of Information and Regulatory Affairs (OIRA) of the Office of
Management and Budget (OMB).
B. National Environmental Policy Act
In this final rule, DOE is adopting the test procedure amendments
that it expects will be used to develop and implement future energy
conservation standards for fluorescent lamp ballasts. DOE has
determined that this rule is covered under a class of actions
categorically excluded from review under the National Environmental
Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., and DOE's
implementing regulations at 10 CFR part 1021. This rule amends an
existing rule without changing its environmental effect, and,
therefore, is covered by the Categorical Exclusion A5 found in appendix
A to subpart D, 10 CFR part 1021. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the DOE Office of the General
Counsel's Web site (http://www.gc.doe.gov).
DOE reviewed today's final rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. DOE certified in the January 2009 NOPR that the
proposed rule would not have a significant impact on a substantial
number of small entities. 74 FR 3450, 3457 (Jan. 21, 2009). As part of
this rulemaking, DOE examined the existing compliance costs
manufacturers already bear and compared them to the revised compliance
costs, based on the proposed revisions to the test procedure. While it
is true that manufacturers making any public representation of the
standby power consumption of their ballasts would be required to use
this test procedure, DOE does not find that the burden imposed by the
revisions in this document would result in any significant increase in
testing or compliance costs. Rather, the technician is required to make
one additional measurement using a test setup that is already commonly
used in the industry for measuring ballast power consumption. In
addition, as stated in today's final rule, standby mode only applies to
a very small subset of fluorescent lamp ballasts (i.e., those enabled
to operate on lighting control systems), and, therefore, the vast
majority of ballasts sold would not be affected by today's test
procedure amendments. Accordingly, DOE has not prepared a regulatory
flexibility analysis for this rulemaking. DOE's certification and
supporting statement of factual basis are provided again in this notice
to the Chief Counsel for Advocacy of the Small Business Administration
pursuant to 5 U.S.C. 605(b).
DOE did not receive any comments addressing small business impacts
for manufacturers of fluorescent lamp ballasts. Thus, DOE reaffirms and
certifies that this rule will have no significant economic impact on a
substantial number of small entities.
D. Paperwork Reduction Act
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) which has been approved by OMB
under control number 1910-1400. Public reporting burden for compliance
reporting for energy and water conservation standards is estimated to
average 30 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to DOE (see ADDRESSES) and by e-
mail to Christine_J._Kymn@omb.eop.gov.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
E. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; UMRA) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Subsection 101(5) of title I of that law defines a
Federal intergovernmental mandate to include any regulation that would
impose on State, local, or Tribal governments an enforceable duty,
except a condition of Federal assistance or a duty arising from
participating in a voluntary Federal program. For proposed regulatory
actions likely to result in a rule that may cause expenditures by
State, local, and Tribal governments, in the aggregate, or by the
private sector of $100 million or more in any one year (adjusted
annually for inflation), section 202 of UMRA requires Federal agencies
to publish estimates of the resulting costs, benefits, and other
effects on the national economy (2 U.S.C. 1532(a), (b)). UMRA also
requires Federal agencies to develop an effective process to permit
timely input by elected officers of State, local, and Tribal
governments on a proposed ``significant intergovernmental mandate.''
UMRA also requires an agency plan for giving notice and opportunity for
timely input to small governments that may be affected before
establishing a requirement that might significantly or uniquely affect
them. On March 18, 1997, DOE published a statement of policy on its
process for intergovernmental consultation under UMRA. 62 FR 12820.
(This policy is also available at http://www.gc.doe.gov.) Today's final
rule contains neither an intergovernmental mandate, nor a mandate that
may result in the expenditure of $100 million or more in any year.
Accordingly, no further assessment or analysis is required under
[[Page 54454]]
the Unfunded Mandates Reform Act of 1995.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277; 5 U.S.C. 601 note) requires Federal
agencies to issue a Family Policymaking Assessment for any rule that
may affect family well-being. Today's rule would not have any impact on
the autonomy or integrity of the family as an institution. Accordingly,
DOE has concluded that it is unnecessary to prepare a Family
Policymaking Assessment.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999) imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE has examined this
final rule and has determined that it would not have a substantial
direct effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Accordingly,
no further action is required under Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (Feb. 7, 1996) imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this rule meets the relevant standards of Executive Order 12988.
I. Treasury and General Government Appropriations Act, 2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (Pub. L. 106-554; 44 U.S.C. 3516 note) provides for agencies
to review most disseminations of information to the public under
guidelines established by each agency pursuant to general guidelines
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22,
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7,
2002). DOE has reviewed today's rule under the OMB and DOE guidelines
and has concluded that it is consistent with applicable policies in
those guidelines.
J. Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001) requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgates or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's regulatory
action is not a significant regulatory action under Executive Order
12866. Moreover, it would not have a significant adverse effect on the
supply, distribution, or use of energy. It has likewise not been
designated by the Administrator of OIRA as a significant energy action.
Therefore, it is not a significant energy action, and, accordingly, DOE
has not prepared a Statement of Energy Effects.
K. Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 15, 1988), DOE has determined that this rule would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
L. Section 32 of the Federal Energy Administration Act of 1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977 (15 U.S.C. 788; FEAA).
Section 32 essentially provides in part that, where a proposed rule
authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
Today's final rule incorporates testing methods contained in the
following commercial standards: ANSI Standard C82.2-1984, ``American
National Standard for Fluorescent Lamp Ballasts--Method of Measurement,
1984,'' and ANSI Standard C82.2-2002, ``American National Standard for
Lamp Ballasts--Method of Measurement of Fluorescent Lamp Ballasts,
2002.'' The Department has evaluated these standards and is unable to
conclude whether they fully comply with the requirements of section
32(b) of the FEAA, (i.e., that they were developed in a manner that
fully provides for public participation, comment, and review). 74 FR
3450, 3459 (Jan. 21, 2009). DOE has consulted with the Attorney General
and the Chairman of the FTC
[[Page 54455]]
concerning the impact on competition of requiring manufacturers to use
the test methods contained in these standards, and neither recommended
against incorporation of these standards.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on September 17, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
0
For the reasons stated in the preamble, part 430 of Chapter II of Title
10, Code of Federal Regulations, is amended as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.3 is amended by:
0
a. Redesignating paragraph (c)(12) as (c)(13);
0
b. Adding a new paragraph (c)(12);
0
c. Redesignating paragraphs (d), (e), (f), (g), (h), (i), (j), (k),
(l), (m), and (n) as (e), (f), (g), (h), (i), (j), (k), (l), (m), (n),
and (o) respectively; and
0
d. Adding a new paragraph (d).
The additions read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(c) * * *
(12) ANSI Standard C82.2-2002, Revision of ANSI C82.2-1994 (R1995),
American National Standard for Lamp Ballasts--Method of Measurement of
Fluorescent Lamp Ballasts, approved June 6, 2002, IBR approved for
Appendix Q to Subpart B.
* * * * *
(d) ANSI Reseller. Global Engineering Documents, 15 Inverness Way,
East Englewood, CO 80112, Phone: 800.854.7179 or 303.397.7956, http://
www.global.ihs.com, E-mail: global@ihs.com. DOE does not endorse any
particular reseller and notes that other resellers may also have the
superseded standard for sale. Consult http://webstore.ansi.org/ for
more information on additional resellers.
(1) ANSI C82.2-1984, Revision of ANSI C82.2-1977, American National
Standard for Fluorescent Lamp Ballasts--Method of Measurement, approved
October 21, 1983, IBR approved for Appendix Q to Subpart B.
(2) [Reserved].
* * * * *
0
3. Section 430.23 is amended by redesignating paragraph (q)(4) as
paragraph (q)(5) and adding a new paragraph (q)(4) to read as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(q) Fluorescent Lamp Ballasts. * * *
(4) Standby power consumption of certain fluorescent lamp ballasts
shall be measured in accordance with section 3.5 of appendix Q to
Subpart B of Part 430.
* * * * *
0
4. Appendix Q to Subpart B of Part 430 is amended by:
0
a. Redesignating paragraphs 1.12 through 1.16 as paragraphs 1.15
through 1.19; paragraphs 1.3 through 1.11 as paragraphs 1.5 through
1.13; and paragraphs 1.1 and 1.2 as paragraphs 1.2 and 1.3,
respectively.
0
b. Removing from redesignated paragraphs 1.5 through 1.10, and
redesignated paragraphs 1.15 through 1.17, and paragraphs 3.2, 3.31,
3.3.2, 3.3.3, 3.4.1 and 3.4.2, ``S(s)tandard'' after the word ``ANSI''
and adding ``(incorporated by reference; see Sec. 430.3)'' before the
period at the end of each paragraph.
0
c. Adding new paragraphs 1.1, 1.4, 1.14, 1.20 and 3.5
0
d. Revising redesignated paragraph 1.19 and paragraphs 2 and 3.1.
These revisions and additions read as follows:
Appendix Q to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Fluorescent Lamp Ballasts
1. Definitions
1.1 AC control signal means an alternating current (AC) signal
that is supplied to the ballast using additional wiring for the
purpose of controlling the ballast and putting the ballast in
standby mode.
* * * * *
1.4 DC control signal means a direct current (DC) signal that is
supplied to the ballast using additional wiring for the purpose of
controlling the ballast and putting the ballast in standby mode.
* * * * *
1.14 PLC control signal means a power line carrier (PLC) signal
that is supplied to the ballast using the input ballast wiring for
the purpose of controlling the ballast and putting the ballast in
standby mode.
* * * * *
1.19 Standby mode means the condition in which an energy-using
product--
(a) Is connected to a main power source; and
(b) Offers one or more of the following user-oriented or
protective functions:
(i) To facilitate the activation or deactivation of other
functions (including active mode) by remote switch (including remote
control), internal sensor, or timer.
(ii) Continuous functions, including information or status
displays (including clocks) or sensor-based functions.
1.20 Wireless control signal means a wireless signal that is
radiated to and received by the ballast for the purpose of
controlling the ballast and putting the ballast in standby mode.
2. Test Conditions
2.1 Measurement of Electric Supply and Light Output. The test
conditions for testing fluorescent lamp ballasts shall be done in
accordance with the ANSI C82.2-1984, (incorporated by reference; see
Sec. 430.3). Any subsequent amendment to this standard by the
standard-setting organization will not affect the DOE test
procedures unless and until amended by DOE. The test conditions are
described in sections 4, 5, 6, 7, and 21 of ANSI C82.2-1984. The
test conditions described in this section (2.1) are applicable to
sections 3.3 and 3.4 of section 3, Test Method and Measurements.
2.2 Measurement of Standby Mode Power. The measurement of
standby mode power need not be performed to determine compliance
with energy conservation standards for fluorescent lamp ballasts at
this time. The above statement will be removed as part of the
rulemaking to amend the energy conservation standards for
fluorescent lamp ballasts to account for standby mode energy
consumption, and the following shall apply on the compliance date
for such requirements.
The test conditions for testing fluorescent lamp ballasts shall
be done in accordance with the American National Standard Institute
ANSI C82.2-2002 (incorporated by reference; see Sec. 430.3). Any
subsequent amendment to this standard by the standard-setting
organization will not affect the DOE test procedures unless and
until amended by DOE. The test conditions for measuring standby
power are described in sections 5, 7, and 8 of ANSI C82.2-2002. The
test conditions described in this section (2.2) are applicable to
section 3.5 of 3, Test Method and Measurements. Fluorescent lamp
ballasts
[[Page 54456]]
that are capable of connections to control devices shall be tested
with all commercially available compatible control devices connected
in all possible configurations. For each configuration, a separate
measurement of standby power shall be made in accordance with
section 3.5 of the test procedure.
3. Test Method and Measurements
3.1 The test method for testing fluorescent lamp ballasts shall
be done in accordance with ANSI C82.2-1984 (incorporated by
reference; see Sec. 430.3). The test for measuring standby mode
energy consumption of fluorescent lamp ballasts shall be done in
accordance with ANSI C82.2-2002 (incorporated by reference; see
Sec. 430.3).
* * * * *
3.5 Standby Mode Power Measurement
3.5.1. Send a signal to the ballast instructing it to have zero
light output using the appropriate ballast communication protocol or
system for the ballast being tested.
3.5.2 Input Power. Measure the input power (watts) to the
ballast in accordance with ANSI C82.2-2002, section 13,
(incorporated by reference; see Sec. 430.3).
3.5.3 Control Signal Power. The power from the control signal
path will be measured using all applicable methods described below.
3.5.3.1 AC Control Signal. Measure the AC control signal power
(watts), using a wattmeter (W), connected to the ballast in
accordance with the circuit shown in Figure 1.
[GRAPHIC] [TIFF OMITTED] TR22OC09.001
3.5.3.2 DC Control Signal. Measure the DC control signal
voltage, using a voltmeter (V), and current, using an ammeter (A),
connected to the ballast in accordance with the circuit shown in
Figure 2. The DC control signal power is calculated by multiplying
the DC control signal voltage and the DC control signal current.
[GRAPHIC] [TIFF OMITTED] TR22OC09.002
3.5.3.3 Power Line Carrier (PLC) Control Signal. Measure the PLC
control signal power (watts), using a wattmeter (W), connected to
the ballast in accordance with the circuit shown in Figure 3. The
wattmeter must have a frequency response that is at least 10 times
higher than the PLC being measured in order to measure the PLC
signal correctly. The wattmeter must also be high-pass filtered to
filter out power at 60 Hertz.
[GRAPHIC] [TIFF OMITTED] TR22OC09.003
[[Page 54457]]
3.5.3.4 Wireless Control Signal. The power supplied to a ballast
using a wireless signal is not easily measured, but is estimated to
be well below 1.0 watt. Therefore, the wireless control signal power
is not measured as part of this test procedure.
[FR Doc. E9-25325 Filed 10-21-09; 8:45 am]
BILLING CODE 6450-01-P