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[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5896-5900]
From the Federal Register Online via the Government Printing 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: Brenda.Edwards@ee.doe.gov.

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: 
fluorescent_lamp_ballasts@ee.doe.gov.
    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: Sarah.Butler@hq.doe.gov.

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]
BILLING CODE 6450-01-P
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