[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Proposed Rules]
[Pages 3450-3462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-948]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 /
Proposed Rules
[[Page 3450]]
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 in Standby Mode
AGENCY: Office of Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
ACTION: Notice of proposed rulemaking and public meeting.
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SUMMARY: The U.S. Department of Energy (DOE) is proposing amendments to
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 and
off modes. DOE is also announcing a public meeting to receive comment
on the issues presented in this notice.
DATES: DOE will hold a public meeting on February 2, 2009 beginning at
10:30 a.m. in Washington, DC. DOE must receive requests to speak at the
meeting before 4 p.m., January 26, 2009. DOE must receive a signed
original and an electronic copy of statements to be given at the public
meeting before 4 p.m., January 26, 2009.
DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) before or after the public
meeting, but no later than April 6, 2009. See Section V, ``Public
Participation,'' of this NOPR for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. To attend the public meeting, please notify
Ms. Brenda Edwards at (202) 586-2945. Please note that foreign
nationals participating in the public meeting are subject to advance
security screening procedures, requiring a 30-day advance notice. If a
foreign national wishes to participate in the workshop, please inform
DOE of this fact as soon as possible by contacting Ms. Brenda Edwards
at (202) 586-2945 so that the necessary procedures can be completed.
Any comments submitted must identify the NOPR on Test Procedures
for Fluorescent Lamp Ballasts in Standby Mode, and provide the docket
number EERE-2008-BT-TP-0007 and/or Regulation Identifier Number (RIN)
1904-AB77. Comments may be submitted using any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include
the docket number EERE-2008-BT-TP-0007 and/or RIN 1904-AB77 in the
subject line of the message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Please submit one
signed paper original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Telephone: (202) 586-2945. Please
submit one signed paper original.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see Section V, ``Public
Participation,'' of this document.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please
call Ms. Brenda Edwards at (202) 586-2945 for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mrs. 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:
[email protected]. In the Office of the General Counsel, contact
Ms. Francine Pinto, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585.
Telephone: (202) 586-9507. E-mail: [email protected].
For additional information on how to submit or review public
comments and on how to participate in the public meeting, contact Ms.
Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency
and Renewable Energy, Building Technologies Program, EE-2J, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-2945. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Proposal
III. Discussion
A. Definitions
1. Active Mode
2. Standby Mode
3. Off Mode
B. Scope of Applicability
1. Types of Ballasts Covered
2. Effective Date
3. Relationship to Other Rulemakings
C. Proposed 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
V. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests To Speak
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. 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
[[Page 3451]]
seq.; EPCA or the Act) sets forth a variety of provisions designed to
improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309)
establishes the ``Energy Conservation Program for Consumer Products
Other Than Automobiles,'' which covers consumer products and certain
commercial 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)).
Under the Act, the overall program consists essentially of the
following parts: Testing, labeling, and Federal energy conservation
standards. The testing requirements consist of test procedures,
prescribed under EPCA, that manufacturers of covered products must use
as the basis for certifying to the U.S. Department of Energy (DOE) that
their products comply with EPCA energy conservation standards and for
representing the energy efficiency of their products.
Section 323 of EPCA (42 U.S.C. 6293) sets forth generally
applicable criteria and procedures for DOE's adoption and amendment of
such test procedures. It states, for example, 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, if DOE
determines that a test procedure should be prescribed or amended, it
must publish proposed test procedures and offer the public an
opportunity to present oral and written data, views, and arguments with
respect to such procedures with a comment period no less than 60 days
and not to exceed 270 days. (42 U.S.C. 6293(b)(2)) Finally, in any
rulemaking to amend a test procedure, DOE must determine ``to what
extent, if any, the proposed test procedure would alter the measured
energy efficiency * * * of any covered product as determined under the
existing test procedure.'' (42 U.S.C. 6293(e)(1)) 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, which it adopted pursuant to the above provisions, appear
at Title 10 of the Code of Federal Regulations (CFR) part 430, subpart
B, appendix Q (``Uniform Test Method for Measuring the Energy
Consumption of Fluorescent Lamp Ballasts'').
The Energy Independence and Security Act of 2007 (Pub. L. 110-140;
EISA) was enacted December 19, 2007, and contains numerous amendments
to EPCA. These include a requirement that for each covered product for
which DOE's current test procedures do not fully account for standby
mode and off mode energy consumption, DOE must amend the test
procedures to include standby mode and off mode energy consumption into
the overall energy efficiency, energy consumption, or other energy
descriptor for that product, or, if that is technically infeasible, DOE
must prescribe a separate standby mode and off mode energy use test
procedure if technically feasible. (EPCA section 325(gg)(2)(A); 42
U.S.C. 6295(gg)(2)(A)) Any such amendment must consider the most
current versions of International Electrotechnical Commission Standards
62301 and 62087. Id. For fluorescent lamp ballasts, EPCA section
325(gg)(2)(B)(ii) requires that DOE prescribe any such amendment to the
test procedure for fluorescent lamp ballasts by March 31, 2009. (42
U.S.C. 6295(gg)(2)(B)(ii)) DOE is issuing this notice pursuant to this
requirement.
In a separate rulemaking proceeding, DOE is considering energy
conservation standards for fluorescent lamp ballasts (docket number
EERE-2007-BT-STD-0016; hereinafter 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 of
the issues 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. Specifically, item two from the
framework document reads:
Item 2. DOE welcomes comment on the standby power provisions
from EISA 2007 and issues arising therefrom, including: (a) How DOE
should modify its test procedure for fluorescent lamp ballasts; (b)
Which covered fluorescent lamp ballasts are subject to standby mode
and off mode energy use?; and (c) How DOE should take standby mode
and off mode energy consumption into its analysis for the energy
conservation standard?
On February 6, 2008, DOE held a public meeting in Washington, DC,
to discuss the framework document for the fluorescent lamp ballast
energy conservation standards rulemaking. Attendees discussed the issue
of measuring standby mode and off mode. In addition, DOE received one
written comment concerning standby mode and off mode testing during the
comment period for the framework document. (National Electrical
Manufacturers Association (NEMA), No. 11 at pp. 1-2) \1\ All comments
on the ballast standards rulemaking regarding the measurement of
standby mode and off mode energy consumption are discussed in section
III of this notice.
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\1\ ``NEMA, No. 11 at p. 1-2'' refers to (1) a statement that
was submitted by the National Electrical Manufacturers Association
and is recorded in the Resource Room of the Building Technologies
Program in the docket under ``Energy Conservation Program: Test
Procedures for Fluorescent Lamp Ballasts in Standby Mode,'' Docket
Number EERE-2008-BT-TP-0007, as comment number 11; and (2) a passage
that appears on page 1 and 2 of that statement. Elsewhere in this
notice, there are citations to the public meeting transcript, such
as: (Public Meeting Transcript, No. 9 at pp. 68-69). In this
citation, the transcrit is recorded in the same docket as the ninth
entry; and the stakeholder statement cited appearing on pages 68-69.
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Finally, the amendments contained in section 310(3) of EISA insert
new subsection (gg) into section 325 of EPCA, and in part directs that
any final rule establishing or revising a standard for a covered
product, adopted after July 1, 2010, shall incorporate standby mode and
off mode energy use into a single amended new standard. (EPCA section
325(gg); 42 U.S.C. 6295(gg)(3)(A)) This new section applies to the
ballast standards rulemaking (EERE-2007-BT-STD-0016), scheduled to be
completed in 2011. However, pursuant to new section 325(gg)(2)(C) of
EPCA (42 U.S.C. 6295(gg)(2)(C)), the amendments proposed for the test
procedure will not apply to the existing energy conservation standards
for fluorescent lamp ballasts. Instead, today's proposed test procedure
is laying the groundwork for DOE to measure and take into consideration
energy consumed in standby mode and off mode following the
establishment of amended ballast standards in a future rulemaking.
II. Summary of the Proposal
This notice of proposed rulemaking (NOPR) proposes to modify DOE's
current test procedures for fluorescent lamp ballasts in order to
address the statutory requirement to expand test
[[Page 3452]]
procedures to incorporate a measure of standby mode and off mode energy
consumption.
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 was
possible for fluorescent lamp ballasts to operate in standby mode, the
off mode condition does not apply to fluorescent lamp ballasts, because
it addresses a mode of energy use in which fluorescent lamp ballasts do
not operate. For this reason, today's notice proposes a test method for
measuring power consumed in standby mode (see section III.C) and
provides an opportunity for the public to comment on DOE's rationale
for why off mode does not apply (see section III.A.3).\2\
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\2\ DOE first raised this issue in its framework document,
published for the energy conservation standards rulemaking on
fluorescent lamp ballasts. The framework document at page 4 stated
that ``[f]luorescent lamp ballast[s] never meet the definition of
`off mode.' '' DOE continued by stating that off mode, as defined by
EISA, does not apply to ballasts. A copy of the framework document
published in January 2008 is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ballast_framework_011408.pdf.
The publication of this framework document was announced in the
Federal Register at 73 FR 3653.
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After studying the market of commercially available fluorescent
ballasts and the definition of standby mode, DOE is proposing to
interpret this mode as only applying to certain ballasts under certain
operating conditions. DOE believes standby mode only applies to
ballasts that are active components of lighting control systems,
meaning the ballasts incorporate electronics that can receive a signal
from a control system, and can respond to that signal by adjusting
light output. These ballasts enter standby mode when the ballast is
instructed to reduce lamp light output to zero percent (i.e., providing
no active mode function). In this situation, the ballast is connected
to a main power source and offers a user-oriented feature by
facilitating the activation or deactivation of its main function (i.e.,
operating the lamp to produce light) by remote switch, or internal
sensor (i.e., the control system). (42 U.S.C. 6295(gg)(1)(A)(iii)) If,
on the other hand, these same ballasts were dimmed to a level less than
full output but greater than zero percent, they could not be in standby
mode because they would be providing a ballast's main function (i.e.,
operating a lamp to produce light). (42 U.S.C. 6295(gg)(1)(A)(i))
The amendments proposed in this notice are based on provisions
contained and adapted from the current ANSI testing standard, ANSI
Standard C82.2-2002. It should be noted that DOE's existing test
procedure for fluorescent lamp ballasts \3\ measures the input power
for active mode using ANSI Standard C82.2-1984. However, the amendments
proposed in this notice are based on measuring input power for the
standby mode test procedure using the current ANSI testing standard,
ANSI Standard C82.2-2002. In addition, DOE believes that the only
difference between the two test procedures relates to the interference
of testing instrumentation. Specifically, DOE believes 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, 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.
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\3\ DOE's current test procedure for fluorescent lamp ballasts
is contained in appendix Q to subpart B of part 430--``Uniform Test
Method for Measuring the Energy Consumption of Fluorescent Lamp
Ballasts.''
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DOE is not proposing to update the fluorescent lamp ballast active
mode test procedure references of ANSI Standard C82.2-1984 contained in
appendix Q to subpart B of part 430 because DOE is considering revising
the fluorescent lamp ballast active mode test procedure in a subsequent
rulemaking as discussed in the framework document \4\ and at the public
meeting. (Public Meeting Transcript, No. 9 at pp. 11-12 and 69-78)
Thus, the amendments proposed in today's notice only append 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 consumption. Today's proposal does not affect the
existing test procedure or energy conservation standards in place for
fluorescent lamp ballasts, because DOE does not currently regulate
standby mode power consumption of fluorescent lamp ballasts.
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\4\ The discussion concerning revising the test procedure for
fluorescent lamp ballasts occurs on pages 7 through 9 of the
framework document. A copy of the framework document published in
January 2008 is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ballast_framework_011408.pdf.
The publication of this framework document was announced in the
Federal Register at 73 FR 3653.
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EPCA also requires that DOE determine to what extent, if any, the
proposed test procedure would alter the measured energy efficiency. (42
U.S.C. 6293(e)(1)) DOE notes that the test procedure amendments
proposed in this notice would not change the measure of the ballast
efficacy factor, the metric on which the current energy conservation
standard is based. Thus, the measure of this proposed test procedure
would not alter the measured fluorescent lamp ballast energy
efficiency.
As amended, EPCA 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, the proposed inclusion of a standby mode
test procedure in today's notice will not affect a manufacturer's
ability to demonstrate compliance with the existing energy conservation
standards for fluorescent lamp ballasts. Indeed, the standby mode test
procedure need not be performed to determine compliance with the
statutory energy conservation standards for fluorescent lamp ballasts
because the existing statutory standards do not account for standby
mode power consumption. The Department's test procedures for measuring
standby mode would become effective, in terms of adoption into the Code
of Federal Regulations, 30 days after the date of publication in the
Federal Register of the final rule in this test procedures rulemaking.
DOE proposes this test procedure to assist in its evaluation of
fluorescent lamp ballast standby mode energy consumption as part of its
ballast standards rulemaking which may establish future energy
conservation standards for ballasts. DOE intends to consider standby
mode energy consumption in that rulemaking, to comply with the EPCA
requirement that DOE incorporate standby mode into a single amended or
new standard, pursuant to EPCA section 325(gg)(2)(A); (42 U.S.C.
6295(gg)(2)(A)). If DOE adopts energy conservation standards for
standby mode in that rulemaking, manufacturers would be required to use
the test procedures' standby mode provisions to demonstrate compliance
on the effective date of a final rule establishing amended standards
for fluorescent lamp ballasts. The introductory sentence in proposed
subsection 2.2 of appendix Q to subpart B of part 430 would be removed
in a notice of final rulemaking establishing amended standards for
fluorescent lamp ballasts.
[[Page 3453]]
III. Discussion
A. Definitions
EPCA section 325(gg) lists definitions for three modes of energy
consumption that are applicable to a broad set of consumer products and
commercial equipment, including fluorescent lamp ballasts. (42 U.S.C.
6295(gg)(1)(A)) The EPCA definitions of active mode, standby mode, and
off mode are discussed in this section, and their applicability to
fluorescent lamp ballasts is addressed.
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)) Focusing on the third
part of this definition, DOE believes that the main function of a
fluorescent lamp ballast is to operate one or more fluorescent lamps.
DOE understands that there are many different types of ballasts, but
the main function common to all of them is that they are designed to
operate fluorescent lamps. Therefore, DOE interprets the term active
mode to mean a ballast that is operating one or more fluorescent lamps
(i.e., providing and regulating current). DOE does not discriminate
between dimmable and non-dimmable ballasts when considering active
mode; rather DOE interprets active mode as being applicable to any
amount of rated system light output (i.e., greater than zero percent of
the rated system light output). Non-dimmable ballasts would operate the
lamp or lamps in active mode at 100 percent of the rated system light
output. Dimmable ballasts can vary the system light output. For
dimmable ballasts, DOE interprets greater than zero percent of rated
system light output to be active mode. This is because the main
function of a ballast is to operate a fluorescent lamp. Whether the
light output is any percentage greater than zero of the rated system
light output, the ballast is operating the lamp. DOE invites comment on
this interpretation of active mode.
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 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)) Two key aspects of this definition relate to
fluorescent lamp ballasts: (1) Connected to a main power source and (2)
offering the activation or deactivation of other functions by remote
switch or internal sensor.
The definition of standby mode in part requires that ballasts be
connected to their main power source. (42 U.S.C. 6295(gg)(1)(A)(iii))
This ``connected'' requirement effectively removes 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 disconnect main power to switch off the
ballast. Once the main power source is disconnected from the ballast,
the ballast ceases to operate the lamps (i.e., the system light output
falls to zero), and the ballast consumes no energy. The National
Electrical Manufacturers Association (NEMA) touches on this point in
its written comments in response to the framework document for the
ballast standards rulemaking. NEMA stated that the ``vast majority'' of
fluorescent lamp ballasts do not consume power when they are switched
off. NEMA finds it is unclear whether these ballasts would have a
standby mode, given the definition in the statute. (NEMA, No. 11 at p.
2) DOE agrees with this comment, and believes that those ballasts that
are controlled by disconnecting the main power source from the ballast
never operate in standby mode.
The definition of standby mode also in part contains an element
that standby mode 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 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 of
this ballast 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 (e.g., DALI) system. These instructions
could tell the ballast to go into active mode or to adjust the light
output to zero-percent output. In this latter condition, the ballast is
no longer producing any light from the fluorescent lamps (i.e., no
longer in active mode). 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 initiate an arc and
produce light again.
NEMA indicated in its comments that ballasts that are part of a
lighting control system (e.g., digitally addressable dimming ballasts)
would be the only candidates for operating in standby mode. (NEMA, No.
11 at p. 2) As described above, DOE agrees with this comment from NEMA
that standby mode, as defined by the statute, exists for ballasts that
operate on a lighting control system which individually addresses the
ballast and offers remote activation or deactivation functions. In
fact, 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 invites further
comment from stakeholders on its interpretation of standby mode for
fluorescent lamp ballasts.
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 believes
that off mode does not apply to any fluorescent lamp ballast (i.e.,
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)) DOE does not believe it is possible for
ballasts to meet these criteria. As described above, active mode
encompasses conditions in which the ballast operates a lamp or lamps to
produce greater than zero percent of the rated system light output.
Standby mode applies to the situation in which the ballast is connected
to a main power source and is not operating a lamp or lamps (i.e., the
lamps have zero percent light output). Therefore, when
[[Page 3454]]
connected to a main power source, the functions provided in standby
mode and active mode already encompass every possible level of ballast
operation, from zero to greater than zero percent of system rated light
output. There is no condition in which the ballast is connected to the
main power source and it is not already accounted for in either active
mode or standby mode. For this reason, ballasts fail to meet the second
requirement of the EPCA definition of off mode, that it is not
providing any standby or active mode function. (42 U.S.C.
6295(gg)(1)(A)(ii)(II))
Furthermore, the power consumption measurement of the ballast in
standby mode already captures the device in its lowest power-consuming
condition. This means that in standby mode, the ballast is connected to
a main power source but is not providing any output to the lamps (i.e.,
zero percent light output). Disconnecting the ballast from the main
power source by a switch, for example, would bring the ballast to a
lower state of energy use (i.e., zero percent power consumption), and
would fail to meet the first criterion of the off-mode definition, that
the ballast be connected to a main power source. (42 U.S.C.
6295(gg)(1)(A)(ii)(I))
For some products, DOE is interpreting off mode as a condition in
which the user may choose to operate a manual switch mounted on the
device to enable off mode, which would represent the lowest energy
state. However this condition does not apply to ballasts, and DOE is
not aware of any ballasts manufactured with a manual switch mounted on
the housing. Instead, ballasts are usually inaccessible to end-users,
and do not incorporate manual switches or other features that users may
operate to affect the mode of the ballast. Thus, the lowest energy
state of a fluorescent lamp ballast is that which is measured in
standby mode, which by definition cannot also constitute off mode.
For all of the reasons discussed above, DOE is unable to identify a
situation in which a ballast would be in off mode. Therefore, DOE is
proposing in today's notice that off mode be considered inapplicable to
fluorescent lamp ballasts. Should circumstances change in the future,
DOE may choose to revisit this interpretation and propose a test method
for measuring off mode. DOE invites comment on its proposal not to
incorporate a test method for measuring off mode energy consumption for
ballasts at this time.
B. Scope of Applicability
1. Types of Ballasts Covered
DOE's coverage authority extends beyond those ballasts for which it
has set standards. 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 is broad, and encompasses many types of
ballasts that are then later excluded from standards, such as dimming
ballasts. (42 U.S.C. 6295(g)(6); 42 U.S.C. 6295(g)(8)(C)) That DOE does
not have energy conservation standards in place for certain types of
ballasts does not prevent DOE from considering these ballasts in the
context of standby mode.
NEMA commented that it believes that dimming ballasts (and
therefore digitally addressable dimming ballasts) are outside the scope
of DOE's energy conservation standards rulemaking. (NEMA, No. 11 at p.
2 and Public Meeting Transcript, No. 9 at pp. 68-69) To establish a
test procedure that measures standby mode power consumption, DOE finds
no reason to exclude dimming ballasts from consideration. NEMA is
correct that ballasts designed for dimming to 50 percent or less of
their maximum output are not currently subject to DOE's current energy
conservation standards. See 10 CFR 430.32(m)(2)(i). However, there is
no statutory definition or other guidance directing DOE to exclude
dimming ballasts from consideration under an energy conservation
standards rulemaking that is evaluating fluorescent lamp ballasts.
Indeed, fluorescent lamp ballasts as defined in section 321 of EPCA
include all fluorescent ballasts designed to start and operate lamps,
and EPCA does not differentiate between or exclude either steady-state
or dimming ballasts. (42 U.S.C. 6291(29)(A)) DOE will formally address
this comment from NEMA in its energy conservation standards rulemaking,
but for the purposes of this test procedure to measure standby mode
power consumption, DOE is considering dimming ballasts as part of its
scope of coverage.
As discussed in section III.A.2 of this notice, DOE is considering
standby mode as only applying to ballasts that incorporate some kind of
lighting control system interface, as DOE believes these ballasts are
the only ballasts that satisfy the EPCA definition of standby mode in
that they are ``connected to a main power source'' and ``facilitate the
activation or deactivation of other functions (including active mode)
by remote switch (including remote control), internal sensor, or
timer.'' (42 U.S.C. 6295(gg)(1)(A)(iii)) DOE understands that these
ballasts are designed with circuitry that adds new features, including
intelligent operation. As discussed above, 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
driving any lamps. DOE is unaware of any other types of ballasts that
would have standby mode power consumption.
In addition, as discussed in section III.A.2, NEMA commented that
digitally addressable dimming ballasts are the only candidates that
might be considered subject to standby mode power consumption. (NEMA,
No. 11 at p. 2) DOE agrees in part with this comment, noting that at
this time, ballasts that incorporate some type of circuitry enabling
them to operate on a lighting control system are the only ballasts that
consume power when not operating fluorescent lamps and thus are the
only ballasts to which standby mode applies. DOE notes, however, that
it is technically feasible for both dimming ballasts and non-dimming
ballasts to have standby mode power consumption if they are capable of
being used as part of a lighting control system.
In summary, this test procedure would be applicable to any
``fluorescent lamp ballast'' as defined in section 321 of EPCA (42
U.S.C. 6291(29)(A)). Based on today's market, DOE believes 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. DOE also recognizes that
standby mode can apply both to dimming ballasts and non-dimming
ballasts. DOE invites comment on its proposal to interpret the scope of
applicability of this test procedure to apply to all fluorescent lamp
ballasts that incorporate an electronic circuit enabling the ballast to
communicate with and be part of a lighting control system.
2. Effective Date
EPCA section 325(gg)(2)(B) requires that DOE complete development
of this test procedure addressing standby mode and off mode for
fluorescent lamp ballasts (i.e., publish a final rule) by March 31,
2009. (42 U.S.C. 6295(gg)(2)(B)(ii)) DOE intends to meet this statutory
deadline. The final rule of
[[Page 3455]]
this test procedure will become effective 30 days after its publication
in the Federal Register. It should be noted that DOE does not currently
have any energy conservation standards pertaining to standby mode (or
off mode) power consumption and this rulemaking will not affect the
ballast efficacy factor, the measure of energy conservation on which
the current energy conservation standard is based. Therefore, this rule
would not change how manufacturers measure and establish compliance
with DOE's existing energy conservation standards for fluorescent lamp
ballasts.
EPCA requires DOE to consider standby mode and off mode for all
energy conservation final rules issued after July 1, 2010. (42 U.S.C.
6295(gg)(3)(A)) DOE initiated an energy conservation standard
rulemaking for fluorescent lamp ballasts on January 22, 2008 with the
publication of a framework document. 73 FR 3653. Because the final
energy conservation standard rule is scheduled to be issued in June
2011 \5\, after July 1, 2010, DOE must consider adopting standby and
off mode energy conservation standards during that rulemaking. If
energy conservation standards for standby mode are adopted in that
rulemaking proceeding, manufacturers would be required to use the
standby mode test procedure to demonstrate compliance of products
manufactured after standby power energy conservation standards take
effect. Any new energy conservation standard promulgated under that
rulemaking would take effect five years after the effective date of the
previous amended rule but only if that date is not within 3 years after
the publication of the fluorescent ballast standards rulemaking final
rule in June 2011. (42 U.S.C. 6295(g)(7)(C))
---------------------------------------------------------------------------
\5\ The framework document at page 11 states that this
rulemaking is scheduled to complete in June 2011. A copy of the
framework document published in January 2008 is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/ballast_framework_011408.pdf.
The publication of this framework document was announced in the
Federal Register at 73 FR 3653.
---------------------------------------------------------------------------
3. Relationship to Other Rulemakings
DOE is conducting two additional rulemakings on fluorescent lamp
ballasts. As previously mentioned, DOE initiated a ballast energy
conservation standards rulemaking in January 2008, which will evaluate
whether to amend the standards in place for fluorescent lamp ballasts,
including whether to add standby mode. That rulemaking will also
consider extending coverage and standards to additional fluorescent
lamp ballasts.
The other rulemaking is a test procedure rulemaking concerning
fluorescent lamp ballast active mode power consumption, scheduled to
start in 2009, 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. In today's standby
mode power consumption test procedure NOPR, DOE is proposing to adopt
the most current versions of the industry testing standards for
measuring standby power by referencing ANSI Standard C82.2-2002. This
will result in testing requirements that are different from the current
active mode power consumption test procedure, which references ANSI
Standard C82.2-1984.
C. Proposed 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, and DOE developed today's proposed 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 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 proposed test procedure for measuring standby power
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 of three ways, depending on
how the signal from the control system is delivered to the ballast.
In sections 2 through 4 that follow, DOE discusses the language
being proposed for insertion into section 1 of appendix Q to subpart B
of 10 CFR part 430 (hereinafter, ``appendix Q'').
2. Definitions
Section 1 of appendix Q provides definitions for terms used in the
test procedure for fluorescent lamp ballasts. The list of terms was
organized alphabetically, but one term was out of place. In addition,
DOE needs to insert six new terms to accommodate terminology used in
the new test procedure being proposed today. The six new terms are as
follows: AC control signal, ANSI Standard C82.2-2002, DC control
signal, PLC control signal, standby power, and wireless control signal.
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. DOE was unable to locate a definition for
AC control signal in IEC Standard 62301 or ANSI Standard C82.2-2002.
Therefore, DOE drafted this definition of an AC control signal to
enhance the clarity and understanding of its proposed 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, DOE proposes to measure the power
consumed by the ballast through the control signal wiring system.
The definition for ANSI Standard C82.2-2002 is based on the wording
of the existing definition of ANSI Standard C82.2-1984 in appendix Q.
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 a DC control signal
in IEC Standard 62301 or ANSI Standard C82.2-2002. Therefore, DOE
drafted this definition of a DC control signal to enhance the clarity
and understanding of its proposed 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, DOE proposes to measure the power consumed by the ballast
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
[[Page 3456]]
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 a PLC control signal in IEC Standard 62301 or
ANSI Standard C82.2-2002. Therefore, DOE drafted this definition of a
PLC control signal to enhance the clarity and understanding of its
proposed test procedure--specifically that a PLC control signal is a
signal supplied to the ballast over its input ballast wiring for the
purpose of controlling the ballast. In today's test procedure, DOE
proposes to measure the power consumed by the ballast through the PLC
control signal.
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 notice,
DOE proposes 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 a wireless control signal in
IEC Standard 62301 or ANSI Standard C82.2-2002. Therefore, DOE drafted
this definition of a wireless control signal to enhance the clarity and
understanding of its proposed 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.
DOE invites stakeholder comment on these six new definitions being
proposed for incorporation into section 1 of appendix Q.
3. Test Conditions
Section 2 of appendix Q provides the required test conditions for
measuring the performance of fluorescent lamp ballasts. DOE proposes to
modify section 2 to establish new test conditions only for the
measurement of standby mode energy consumption, and thereby not affect
the existing test conditions required for measuring the ballast
efficacy factor in the current fluorescent lamp ballast test procedure.
In other words, section 2 is proposed to be subdivided into two
subsections, 2.1 and 2.2. Subsection 2.1 will contain the same
requirements as section 2 does now, based on the test conditions
contained in ANSI Standard C82.2-1984, for the purpose of measuring the
ballast efficacy factor. Subsection 2.2 will be structured in the same
way as subsection 2.1; however, it will be for the purpose of measuring
power consumed in standby mode.
DOE also proposes to correct the acronym used in existing section 2
for the American National Standard Institute, which is shown as
``ANIS'' instead of ``ANSI'' and to be consistent with other parts of
the statute, refer to section 430.22 entitled ``Reference Sources'' for
information on obtaining ANSI C82.2-1984. For clarity, all of section
2.1 is shown in the rule language section of this NOPR as proposed new
language, although the only actual changes to section 2.1 are the
acronym correction, the reference to section 430.22, 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.''
DOE is concerned about having two different industry-referenced
documents for test conditions. However, DOE notes that this is a
temporary problem because, as previously mentioned, DOE will conduct a
separate test procedure rulemaking on the existing fluorescent lamp
ballast test procedure. In that future rulemaking, DOE will evaluate
and consider updating the referenced industry standards in newly
created subsection 2.1, and potentially recombine subsections 2.1 and
2.2 into one section 2.
DOE invites stakeholder comments on this proposal for handling the
different test conditions associated with the existing and proposed new
test procedure for measuring energy consumption in standby mode.
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 the performance of the ballast.
In today's notice, DOE does not propose to change any of the existing
requirements or steps associated with testing for determining the
ballast efficacy factor. Instead, DOE proposes to append new steps, at
the end of section 3, which describe the procedure that must be
followed for measuring power consumed during standby mode.
In subsection 3.1, DOE proposes to append a new sentence to the end
of the existing sentence, which indicates that the testing for standby
mode must be done in accordance with ANSI Standard C82.2-2002.
Specifically, the proposed new sentence reads: ``The test method for
measuring standby mode energy consumption of fluorescent lamp ballasts
shall be done in accordance with ANSI Standard C82.2-2002.'' As with
the test condition issue in section 2 of appendix Q, this proposed
statement would create a bifurcated test setup, requiring technicians
to conduct part of the testing on a fluorescent lamp ballast using one
set of conditions and then change those conditions for a second set of
measurements. However, as stated earlier, the test procedure for
measuring standby mode is on an accelerated schedule and must be
completed by March 2009, because of the requirements of EPCA section
325(gg). (42 U.S.C. 6295(gg)) In addition, DOE intends to initiate
another ballast test procedure rulemaking within one year that would
consider harmonizing the test conditions and referenced industry
standards. While today's proposed test procedure would become effective
30 days after publication of the final rule, manufacturers would not
use this test procedure to demonstrate compliance with any efficiency
standard unless or until DOE establishes efficiency standards in the
fluorescent ballast standards final rule, which is scheduled to be
completed in 2011. 73 FR at 3654. Any new energy conservation standards
promulgated under that rulemaking would take effect five years after
the effective date of the previous amended rule but only if that date
is not within 3 years after the publication of the fluorescent ballast
standards rulemaking final rule in 2011. (42 U.S.C. 6295(g)(7)(C))
In subsection 3.5, DOE proposes to insert 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
will measure the input power (in watts) to the ballast in accordance
with ANSI Standard C82.2-2002. Finally, the technician will measure the
power from the ballast control signal path using a method for an AC
control signal path, a DC control signal path, or a power line carrier
(PLC) control signal path, depending on the type of path 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 manufacturers are directed to measure
[[Page 3457]]
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.
In subsection 3.5.3 of the proposed test procedure, DOE directs
manufacturers to address measurement of control signal power. As DOE
understands it, there are four possible ways of delivering a control
signal to a fluorescent lamp ballast: (1) A dedicated AC control signal
wire, (2) a dedicated DC control signal wire, (3) a power line carrier
(PLC) control signal over the main supply input wires, and (4) a
wireless control signal. DOE is interested in measuring the power
consumed by the lighting control signal, and therefore proposes three
methods for measuring that power, depending on which type of system is
being used. DOE is not concerned with the power supplied to a ballast
using the fourth approach, the wireless signal, because DOE estimates
that the power supplied to a ballast using a wireless signal is well
below 1.0 watt. The three circuit diagrams direct the technician to
measure the control signal power using either a wattmeter (for the AC
control signal wiring and the PLC control signal) or a voltmeter and
ammeter (for the DC control signal). DOE incorporates three circuit
diagrams in sections 3.5.3.1, 3.5.3.2, and 3.5.3.3 to clearly present
the intended method of measurement for each type of control system
communication protocol.
DOE invites stakeholder comments on the proposed method for
measuring the power consumed by the control signal while the ballast is
in standby mode.
5. Test Procedure Measurements and Burden
Once manufacturers have taken the two measurements--namely, the
main input power and the control signal power in standby mode--DOE does
not tell manufacturers how to combine these values or use them in
equations. Instead, DOE intends to study how best to use these two
measurements of standby mode power consumption in its rulemaking to
evaluate energy conservation standards for fluorescent lamp ballasts,
initiated in January 2008. 73 FR 3653. DOE invites stakeholders to
comment on any recommended approaches to combining these two
measurements into one metric in the energy conservation standards
rulemaking.
Finally, the test procedure proposed today for measuring standby
mode power consumption, 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. The test procedure is consistent with IEC
Standard 62301 and follows testing approaches used in ANSI Standard
C82.2-2002. DOE invites stakeholders to comment on the issue of burden,
including whether there are any other ways DOE could secure the same
accuracy and repeatability while reducing the burden.
IV. Regulatory Review
A. Executive Order 12866
Today's proposed rule is not a ``significant regulatory action''
under Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR
51735 (October 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 proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for ballasts. DOE has determined that this
proposed rule falls into a class of actions that are categorically
excluded from review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.; NEPA) and DOE's implementing regulations
at 10 CFR part 1021. Specifically, this proposed rule would amend
existing test procedures without affecting the amount, quality, or
distribution of energy usage, and, therefore, will not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to a
rulemaking interpreting or amending an existing rule that does not
change the environmental effect of the rule being amended. 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 Office of the General
Counsel's Web site, http://www.gc.doe.gov.
DOE reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. As part of this rulemaking, DOE examined the
existing compliance costs manufacturers already bear and compared them
to the revised compliance costs, based on today's 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 proposed 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 notice, 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 standard. On this basis, DOE
tentatively concludes and certifies that this proposed rule would have
no significant impact on a substantial number of small entities.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this rulemaking. DOE's certification and supporting statement of
factual basis will be provided to the Chief Counsel for Advocacy of the
Small Business Administration pursuant to 5 U.S.C. 605(b).
D. Paperwork Reduction Act
This rulemaking will impose no new information collection or
recordkeeping requirements. Manufacturers already collect test
information and maintain records on regulated fluorescent lamp ballasts
based on the certification and reporting requirements approved by
[[Page 3458]]
OMB (OMB Control Number 1910-1400). Accordingly, OMB clearance is not
required under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
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. 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 proposed rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure of $100 million or more in any year, so these requirements
do not apply.
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 proposed
rule that may affect family well-being. Today's proposed 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 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. 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 (February 7, 1996) imposes on
Federal agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard; and (4) promote
simplification and burden reduction. Section 3(b) of Executive Order
12988 specifically requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect, if any; (2) clearly specifies any effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct while promoting simplification and burden
reduction; (4) specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether they are met
or it is unreasonable to meet one or more of them. DOE has completed
the required review and determined that, to the extent permitted by
law, the proposed rule meets the relevant standards of Executive Order
12988.
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 (February
22, 2002), and DOE's guidelines were published at 67 FR 62446 (October
7, 2002). DOE has reviewed today's proposed 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 promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. 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. 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.
[[Page 3459]]
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. The proposed rule incorporates testing methods contained
in the following commercial standards: 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). DOE will consult with the Attorney
General and the Chairman of the FTC concerning the impact of these test
procedures on competition, prior to prescribing a final rule.
V. Public Participation
A. Attendance at Public Meeting
The time, date and location of the public meeting are listed in the
DATES and ADDRESSES sections at the beginning of this NOPR. To attend
the public meeting, please notify Ms. Brenda Edwards at (202) 586-2945.
As explained in the ADDRESSES section, foreign nationals visiting DOE
headquarters are subject to advance security screening procedures.
B. Procedure for Submitting Requests To Speak
Any person who has an interest in the topics addressed in this
notice, or who is a representative of a group or class of persons that
has an interest in these issues, may request an opportunity to make an
oral presentation at the public meeting. Such persons may hand-deliver
requests to speak to the address shown in the ADDRESSES section at the
beginning of this notice between 9 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Requests may also be sent by mail or
e-mail to: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121, or [email protected]. Persons who
wish to speak should include in their request a computer diskette or CD
in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that
briefly describes the nature of their interest in this rulemaking and
the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
DOE requests that those persons who are scheduled to speak submit a
copy of their statements at least one week prior to the public meeting.
DOE may permit any person who cannot supply an advance copy of this
statement to participate, if that person has made alternative
arrangements with the Building Technologies Program in advance. When
necessary, the request to give an oral presentation should ask for such
alternative arrangements.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also employ a professional facilitator to aid discussion. The
public meeting will be conducted in an informal, conference style. The
meeting will not be a judicial or evidentiary public hearing, but DOE
will conduct it in accordance with 5 U.S.C. 553 and section 336 of EPCA
(42 U.S.C. 6306). There shall not be discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. anti-trust laws.
DOE reserves the right to schedule the order of presentations and
to establish the procedures governing the conduct of the public
meeting. A court reporter will record the proceedings and prepare a
transcript.
At the public meeting, DOE will present summaries of comments
received before the public meeting, allow time for presentations by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant may present a
prepared general statement (within time limits determined by DOE)
before the discussion of specific topics. Other participants may
comment briefly on any general statements. At the end of the prepared
statements on each specific topic, participants may clarify their
statements briefly and comment on statements made by others.
Participants should be prepared to answer questions from DOE and other
participants. DOE representatives may also ask questions about other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of procedures needed for the
proper conduct of the public meeting.
DOE will make the entire record of this proposed rulemaking,
including the transcript from the public meeting, available for
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. The official
transcript will also be posted on the Webpage at http://www.eere.energy.gov/buildings/appliance_standards/residential/fluorescent_lamp_ballasts.html. Anyone may purchase a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding the
proposed rule no later than the date provided at the beginning of this
notice. Comments, data, and information submitted to DOE's e-mail
address for this rulemaking should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Stakeholders should
avoid the use of special characters or any form of encryption, and
wherever possible, comments should include the electronic signature of
the author. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting a
signed original paper document to the address provided at the beginning
of this notice. Comments, data, and information submitted to DOE via
mail or hand delivery/courier should include one signed original paper
copy. No telefacsimiles (faxes) will be accepted.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: one copy of the document including
all the information believed to be confidential, and one copy of the
document 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.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) A description of the
items; (2) whether
[[Page 3460]]
and why such items are customarily treated as confidential within the
industry; (3) whether the information is generally known by or
available from other sources; (4) whether the information has
previously been made available to others without obligation concerning
its confidentiality; (5) an explanation of the competitive injury to
the submitting person which would result from public disclosure; (6) a
date upon which such information might lose its confidential nature due
to the passage of time; and (7) why disclosure of the information would
be contrary to the public interest.
E. Issues on Which DOE Seeks Comment
Although comments are welcome on all aspects of this rulemaking,
DOE is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. DOE invites stakeholders to comment on its interpretation of the
application of the terms active mode, standby mode, and off mode to
fluorescent lamp ballasts, as defined in EPCA section 325(gg). In
particular, DOE invites stakeholders to comment on its preliminary
conclusion that off mode does not apply to fluorescent lamp ballasts at
this time, and therefore is not included as part of this test
procedure. See section III.A.
2. DOE invites stakeholders to comment on how it is proposing to
interpret the scope of applicability to this test procedure to apply to
all fluorescent lamp ballasts that incorporate an electronic circuit
enabling the ballast to communicate with and be part of a lighting
control system. Although all ballasts are subject to the test
procedure, only these types would be subject to standby mode power
consumption. See section III.B.1
3. DOE invites stakeholder comments on the definitions for the six
new terms added to section 1 of appendix Q to subpart B of 10 CFR part
430: AC control signal, ANSI Standard C82.2-2002, DC control signal,
PLC control signal, standby mode, and wireless control signal. See
section III.C.2.
4. DOE invites stakeholder comments on its proposal to retain the
testing conditions in place (based on ANSI Standard C82.2-1984) for the
current test procedure and yet to propose to adopt new test conditions
(based on ANSI Standard C82.2-2002) for the proposed standby mode power
measurements. See section III.C.3.
5. DOE invites stakeholder comments on the test method and
measurements proposed for subsection 3.5 of appendix Q to subpart B of
10 CFR part 430. This subsection provides the step-by-step procedure
and circuit diagrams necessary for measuring the power (in watts)
consumed by the main power input to the ballast and the control signal
(if any). See section III.C.4.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation test
procedures, Household appliances, Imports, Incorporation by reference.
Issued in Washington, DC on January 8, 2009.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
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.
2. Section 430.22 is amended by adding new paragraphs (b)(1)9. and
(b)(1)10. to read as follows:
Sec. 430.22 Reference Sources.
* * * * *
(b)(1) * * *
9. ANSI Standard C82.2-1984, ``American National Standard for
Fluorescent Lamp Ballasts--Method of Measurement, 1984''
10. ANSI Standard C82.2-2002, ``American National Standard for Lamp
Ballasts--Method of Measurement of Fluorescent Lamp Ballasts, 2002''
* * * * *
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.
* * * * *
4. Appendix Q to Subpart B of Part 430 is amended:
a. In section 1, Definitions, by:
1. Redesignating sections 1.12, 1.13, 1.14, and 1.15 to sections
1.17, 1.18, 1.19, and 1.20 respectively.
2. Redesignating sections 1.7, 1.8, 1.9, 1.10, and 1.11 to sections
1.11, 1.12, 1.13, 1.14, and 1.15 respectively.
3. Redesignating section 1.3 to section 1.7.
4. Redesignating section 1.16 to 1.3 and adding a new section 1.16.
5. Redesignating section 1.4 to section 1.8 and adding a new
section 1.4.
6. Redesignating section 1.5 to section 1.9.
7. Redesignating section 1.6 to section 1.10, and adding a new
section 1.6.
8. Redesignating section 1.2 to section 1.5.
9. Redesignating section 1.1 to section 1.2, and adding a new
section 1.1.
10. Adding new sections 1.21 and 1.22.
b. By revising section 2;
c. By revising section 3.1 and adding new sections 3.5, 3.5.1,
3.5.2, 3.5.3, 3.5.3.1, 3.5.3.2, 3.5.3.3, and 3.5.3.4.
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 ANSI Standard C82.2-2002 means the test standard published
by the American National Standard Institute (ANSI), titled
``American National Standard for Lamp Ballasts--Method of
Measurement of Fluorescent Lamp Ballasts, 2002,'' and designated as
ANSI Standard C82.2-2002.
* * * * *
1.6 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.
* * * * *
1.16 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.
* * * * *
1.21 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
[[Page 3461]]
functions, including information or status displays (including
clocks) or sensor-based functions.
1.22 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 American National Standard Institute
(ANSI) Standard C82.2-1984, ``American National Standard for
Fluorescent Lamp Ballasts--Methods of Measurement,'' approved
October 21, 1983. See Sec. 430.22 for information on the
availability of this material. 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
Standard C82.2-1984. 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.
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
established prior to [EFFECTIVE DATE OF TEST PROCEDURE FINAL RULE].
The test conditions for testing fluorescent lamp ballasts shall
be done in accordance with the American National Standard Institute
(ANSI) Standard C82.2-2002, ``American National Standard for
Fluorescent Lamp Ballasts--Methods of Measurement,'' approved June
6, 2002. See Sec. 430.22 for information on the availability of
this material. 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 Standard C82.2-2002. The test conditions described in this
subsection (2.2) are applicable to subsection 3.5 of section 3, Test
Method and Measurements.
3. Test Method and Measurements.
3.1 The test method for testing fluorescent lamp ballasts shall
be done in accordance with ANSI Standard C82.2-1984. The test method
for measuring standby mode energy consumption of fluorescent lamp
ballasts shall be done in accordance with ANSI Standard C82.2-2002.
* * * * *
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 Standard C82.2-2002, section 13.
3.5.3 Control Signal Power. The power from the control signal
path will be measured using one of the 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] TP21JA09.123
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] TP21JA09.124
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.
[[Page 3462]]
[GRAPHIC] [TIFF OMITTED] TP21JA09.125
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. E9-948 Filed 1-16-09; 8:45 am]
BILLING CODE 6450-01-P