[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5896-5900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02150]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2009-BT-TP-0016]
RIN 1904-AB99
Energy Conservation Program: Test Procedures for Fluorescent Lamp
Ballasts
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: On October 21, 2014, the U.S. Department of Energy (DOE)
issued a notice of proposed rulemaking (NOPR) to amend the test
procedures for fluorescent lamp ballasts. That NOPR serves as the basis
for this action. This final rule amends DOE's regulations concerning
the test procedures for the measurement of energy consumption for
fluorescent lamp ballasts. Specifically, these amendments clarify the
requirement to use the test procedures in Appendix Q1 to demonstrate
compliance with the energy conservation standards that apply to
fluorescent lamp ballasts manufactured on or after November 14, 2014.
These revisions follow the intent of the fluorescent lamp ballast test
procedure final rule to support any new or revised energy conservation
standards at the time those standards require compliance. This final
rule also corrects the formula for power factor, which contained a
mathematical error as adopted in that final rule.
DATES: The effective date of this rule is March 6, 2015. Compliance
will be mandatory starting August 3, 2015.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at regulations.gov. All
documents in the docket are listed in the regulations.gov index.
However, some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/62. This Web page will contain a link to the docket for this
notice on the regulations.gov site. The regulations.gov Web page will
contain simple instructions on how to access all documents, including
public comments, in the docket.
For further information on how to review the docket, contact Ms.
Brenda
[[Page 5897]]
Edwards at (202) 586-2945 or by email: [email protected].
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 287-1604. Email:
[email protected].
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Synopsis of the Final Rule
III. Discussion
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (``EPCA'' or, ``the Act''), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to
improve energy efficiency and established the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' \2\ These
include fluorescent lamp ballasts, the subject of this notice. (42
U.S.C. 6292(a)(13))
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA refer to the statute as amended
through the American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210 (Dec. 18, 2012).
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Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
covered products must use as the basis for (1) certifying to the
Department of Energy (DOE) that their products comply with the
applicable energy conservation standards adopted under EPCA, and (2)
making representations about the efficiency of those products.
Similarly, DOE must use these test procedures to determine whether the
products comply with any relevant standards promulgated under EPCA.
DOE published a test procedure final rule on May 4, 2011 (hereafter
the ``May 2011 test procedure final rule'') establishing revised active
mode test procedures for fluorescent lamp ballasts. 76 FR 25211. The
May 2011 test procedure final rule established appendix Q1 to subpart B
of Title 10 of the Code of Federal Regulations (CFR) part 430. DOE also
published a final rule adopting new and revised energy conservation
standards for fluorescent lamp ballasts on November 14, 2011 (hereafter
the ``November 2011 standards final rule''), which completed the second
energy conservation standard rulemaking required under 42 U.S.C.
6295(g)(7). 76 FR 70548. The November 2011 standards final rule
established the regulations located at 10 CFR 430.32(m)(8)-(10).
II. Synopsis of the Final Rule
This final rule amends the current DOE test procedures for
fluorescent lamp ballasts. DOE discovered an error in the formula for
power factor located in 10 CFR part 430, subpart B, appendix Q1. DOE is
correcting that formula. DOE is also updating 10 CFR 430.23 to reflect
the requirement to determine compliance with the November 2014
standards by testing in accordance with Appendix Q1. This revision
follows the intent of the May 2011 test procedure final rule to support
any new or revised energy conservation standards at the time those
standards require compliance. 76 FR 25211, 25213 (May 4, 2011).
III. Discussion
In the November 2011 standards final rule, DOE amended existing
energy conservation standards and adopted standards for additional
ballasts. 76 FR 70548. The new and amended standards were based on
ballast luminous efficiency (BLE) and apply to all products listed in
the table of BLE standards, codified at 10 CFR 430.32(m)(8)(iii)(C).
DOE required compliance with these BLE standards on November 14, 2014.
In the notice of proposed rulemaking (NOPR) published on October
21, 2014, DOE proposed two changes to the fluorescent lamp ballast test
procedure. 79 FR 62894. First, DOE proposed to revise 10 CFR 430.23 to
clarify the requirement to use the test procedures in Appendix Q1 to
demonstrate compliance with the new and revised energy conservation
standards that apply to fluorescent lamp ballasts manufactured on or
after November 14, 2014, codified at 10 CFR 430.32(m)(8)-(10). DOE
noted that these revisions follow the intent of the May 2011 test
procedure final rule that new Appendix Q1 is to support the new and
revised energy conservation standards adopted in the November 2011
standards final rule. DOE did not include these revisions at the time
of the May 2011 test procedure final rule because the standards and
associated compliance date of the subsequent standards final rule were
not yet known. Second, DOE also proposed to revise Appendix Q1 to
correct an error in the formula for calculating power factor as adopted
in the May 2011 test procedure final rule.
The National Electrical Manufacturers Association (NEMA) commented
that it supports the proposed changes to 10 CFR part 430 noting that
the revisions improve and clarify the existing procedures. (NEMA, No.
25 at p. 1) \3\ Based on the reasons provided in the NOPR and in light
of no negative comments, DOE is adopting the revisions to 10 CFR 430.23
clarifying the requirements to use the test procedures in Appendix Q1
on or after November 14, 2014 and to Appendix Q1 correcting the power
factor formula.
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\3\ A notation in the form ``NEMA, No. 25 at p. 1'' identifies a
written comment that DOE has received and has included in the docket
of this rulemaking. This particular notation refers to a comment:
(1) Submitted by NEMA; (2) in document number 25 of the docket, and
(3) on page 1 of that document.
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In any rulemaking to amend test procedures, DOE must determine to
what extent, if any, the proposed test procedures would alter the
measured energy efficiency of any covered products as determined under
the existing test procedures. (42 U.S.C. 6293(e)(1)) Because the
changes adopted in this final rule simply provide clarification, these
revisions do not alter the measured energy efficiency of the covered
products measured by this test procedure.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866,
[[Page 5898]]
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
Order by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
This rulemaking clarifies existing requirements for testing and
compliance with energy conservation standards and does not change the
burden associated with fluorescent lamp ballast regulations on any
entity large or small. Therefore, DOE has determined that this
rulemaking does not have a significant economic impact on a substantial
number of small entities.
Accordingly, DOE has not prepared a regulatory flexibility analysis
for this rulemaking. DOE's certification and supporting statement of
factual basis will be provided to the Chief Counsel for Advocacy of the
Small Business Administration (SBA) for review under 5 U.S.C. 605(b).
DOE certifies that this rule has no significant impact on a substantial
number of small entities.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of fluorescent lamp ballasts must certify to DOE that
their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for fluorescent lamp
ballasts, including any amendments adopted for those test procedures.
DOE has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including fluorescent lamp ballasts. (76 FR 12422 (March 7,
2011). The collection-of-information requirement for the certification
and recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 30 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE amends its test procedure for fluorescent
lamp ballasts. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this rule
amends an existing rule without affecting the amount, quality or
distribution of energy usage, and, therefore, will not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any
rulemaking that interprets or amends an existing rule without changing
the environmental effect of that rule. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE examined this final rule and determined
that it will not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. EPCA governs and prescribes Federal preemption of State
regulations as to energy conservation for the products that are the
subject of this final rule. States can petition DOE for exemption from
such preemption to the extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive
Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
[[Page 5899]]
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at http://energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
This final rule does not revise the existing incorporation of
industry standards regarding fluorescent lamp ballasts. Therefore, DOE
concludes that the requirements of section 32(b) of the FEAA, (i.e.,
that the standards were developed in a manner that fully provides for
public participation, comment, and review) do not apply to this
rulemaking.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. 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,
Intergovernmental relations, Small businesses.
Issued in Washington, DC, on January 28, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal Regulations 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 430.23 is amended by revising paragraph (q) to read as
follows:
[[Page 5900]]
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(q) Fluorescent Lamp Ballasts. (1) Calculate the estimated annual
energy consumption (EAEC) for fluorescent lamp ballasts, expressed in
kilowatt-hours per year, by multiplying together the following values:
(i) The input power in kilowatts measured in accordance with
section 2.5.1.6 of appendix Q1 to this part; and
(ii) The representative average use cycle of 1,000 hours per year.
Round the resulting product to the nearest kilowatt-hour per year.
(2) Calculate ballast luminous efficiency (BLE) using section 2.6.1
of appendix Q1 to this subpart.
(3) Calculate the estimated annual operating cost (EAOC) for
fluorescent lamp ballasts, expressed in dollars per year, by
multiplying together the following values:
(i) The representative average unit energy cost of electricity in
dollars per kilowatt-hour as provided by the Secretary,
(ii) The representative average use cycle of 1,000 hours per year,
and
(iii) The input power in kilowatts measured in accordance with
section 2.5.1.6 of appendix Q1 to this part. Round the resulting
product to the nearest dollar per year.
* * * * *
0
3. Appendix Q1 to subpart B of part 430 is amended by revising section
2.6.2 to read as follows:
Appendix Q1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Fluorescent Lamp Ballasts
* * * * *
2.6.2. Calculate Power Factor (PF).
[GRAPHIC] [TIFF OMITTED] TR04FE15.181
Where:
Input power is determined in accordance with section 2.5.1.6 of
this appendix, input voltage is determined in accordance with
section 2.5.1.7 of this appendix, and input current is determined in
accordance with section 2.5.1.8 of this appendix.
* * * * *
[FR Doc. 2015-02150 Filed 2-3-15; 8:45 am]
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