62894 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 

volumes (e.g., 60 gal, 80 gal, 120 gal, 

etc.), input capacity, and fuel type. DOE 

seeks input regarding the total annual 

shipments of the market for solar water 

heating systems that utilize secondary 

heat sources, the fractions of water 

heaters that are used to provide 

secondary water heating by rated 

volume, input capacity, and fuel type. 

Issue 7. DOE seeks comment on any 

other attributes of solar water heating 

systems that utilize secondary heating 

tanks, which distinguish them from 

conventional storage or instantaneous 

water heaters. 

III. Public Participation 

DOE will accept comments, data, and 

information regarding this RFI and other 

matters relevant to solar water heating 

equipment no later than the date 

provided in the DATES section at the 

beginning of this RFI. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this RFI. 

Instructions: All submissions received 

must reference the Office of Energy 

Efficiency and Renewable Energy and 

Docket Number EERE–2014–BT–STD– 

0045. No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendees’ lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/

#!docketDetail;D=EERE-2014-BT-STD0045. This Web page contains a link to 

the docket for this notice on the 

www.regulations.gov Web site. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For information on how to submit a 

comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

DOE actively encourages the 

participation and interaction of the 

public during the comment period in 

each stage of the rulemaking process. 

Interactions with and between members 

of the public provide a balanced 

discussion of the issues and assist DOE 

in the rulemaking process. Anyone who 

wishes to be added to the DOE mailing 

list to receive future notices and 

information about the subject of this 

notice should contact Ms. Brenda 

Edwards at (202) 586–2945, or via email 

at Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on October 10, 

2014. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–24978 Filed 10–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2009–BT–TP–0016–0017] 

RIN 1904–AB99 

Energy Conservation Program: Test 

Procedures for Fluorescent Lamp 

Ballasts; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to amend its test 

procedures for fluorescent lamp ballasts. 

Proposed changes include adopting text 

at its regulations concerning test 

procedures for the measurement of 

energy and water consumption 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. 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 

notice of proposed rulemaking (NOPR) 

would also correct the formula for 

power factor, which contained a 

mathematical error as adopted in that 

final rule. 

DATES: DOE will accept comments, data, 

and information regarding this NOPR no 

later than November 20, 2014. See 

section V, ‘‘Submission of Comments,’’ 

for details. 

ADDRESSES: Any comments submitted 

must identify the NOPR for Test 

Procedures for fluorescent lamp ballasts, 

and provide docket number EERE– 

2009–BT–TP–0016–0017 and/or 

regulatory information number (RIN) 

number 1904–AB99. Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: [FLB–2009–TP–0016@

ee.doe.gov] Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD. It is not 

necessary to include printed copies. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V of this document 

(Submission of Comments). 

Docket: The docket, which includes 

Federal Register notices, 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. See section V 

for information on how to submit 

comments through regulations.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact Ms. Brenda 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, 

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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 62895 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All 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). 

GC–71, 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. Summary of the Notice of Proposed 

Rulemaking 

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 

V. Submission of Comments 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

Title III, Part B1 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 NOPR. (42 U.S.C. 6292(a)(13)) 

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. 76 FR 25211. The May 2011 

test procedure final rule established 

appendix Q1 to subpart B of 10 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. Summary of the Notice of Proposed 

Rulemaking 

DOE discovered an error in the 

formula for power factor located in 10 

CFR part 430, subpart B, Appendix Q1. 

DOE proposes to correct that formula. 

DOE also proposes to update 10 CFR 

430.23 to reflect the requirement to 

determine compliance with the 

November 2014 standards by testing 

conducted 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). DOE notes that it intends to 

publish a NOPR in the near future to 

clarify several additional issues raised 

by stakeholders concerning the 

applicability and requirements of the 

energy conservation standards and test 

procedures for fluorescent lamp ballasts. 

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 requires 

compliance with these BLE standards 

beginning November 14, 2014. 

DOE proposes 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). 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. DOE also 

proposes 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. 

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)) If DOE determines that the 

amended test procedures would alter 

the measured efficiency of covered 

products, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

Because the changes proposed in this 

NOPR 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, 

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 

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62896 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 

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 would 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 would have no significant impact 

on a substantial number of small 

entities. DOE seeks comment regarding 

whether this proposed rule would have 

a significant economic impact on any 

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-ofinformation 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 20 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 notice, DOE proposes 

amendments to the test procedures 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 proposed rule 

would amend the test procedures 

without affecting the amount, quality or 

distribution of energy usage, and, 

therefore, would 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 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. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of 

today’s proposed 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, the proposed 

rule meets the relevant standards of 

Executive Order 12988. 

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 

proposed regulatory action likely to 

result 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 

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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 62897 

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-generalcounsel. DOE examined this proposed 

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 

rule would 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 

would 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 proposed 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 

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. 

This regulatory action to amend the 

test procedures for fluorescent lamp 

ballasts 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. 

The proposed 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. 

V. Submission of Comments 

DOE will accept comments, data, and 

information regarding this proposed 

rule no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments using any of the 

methods described in the ADDRESSES

section at the beginning of this NOPR. 

Submitting comments via 

regulations.gov. The regulations.gov 

Web page will require you to provide 

your name and contact information. 

Your contact information will be 

viewable to DOE Building Technologies 

staff only. Your contact information will 

not be publicly viewable except for your 

first and last names, organization name 

(if any), and submitter representative 

name (if any). If your comment is not 

processed properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(CBI)). Comments submitted through 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through regulations.gov before posting. 

Normally, comments will be posted 

within a few days of being submitted. 

However, if large volumes of comments 

are being processed simultaneously, 

your comment may not be viewable for 

up to several weeks. Please keep the 

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comment tracking number that 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

regulations.gov. If you do not want your 

personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (faxes) will be 

accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

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 via email, postal mail, or 

hand delivery two well-marked copies: 

One copy of the document marked 

confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. 

Submit these documents via email or on 

a CD, if feasible. 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 

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) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

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, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on October 14, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, 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 430.23 is amended by 

revising paragraph (q) to read as follows: 

§ 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 kilowatthours 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. 

* * * * * 

■ 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). 


mstockstill on DSK4VPTVN1PROD with PROPOSALSEP21OC14.000</GPH>
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Proposed Rules 62899 

Where: Input power is determined in 

accordance with section 2.5.1.6, input 

voltage is determined in accordance 

with section 2.5.1.7, and input current 

is determined in accordance with 

section 2.5.1.8. 

* * * * * 

[FR Doc. 2014–24985 Filed 10–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2014–BT–STD–0027] 

RIN 1904–AD31 

Energy Conservation Program for 

Certain Commercial Industrial 

Equipment: Conservation Standards 

for Commercial Pre-Rinse Spray 

Valves 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Extension of public comment 

period. 

SUMMARY: This document announces an 

extension of the time period for 

submitting comments, data, and 

information on the framework 

document for commercial pre-rinse 

spray valves, published on September 

11, 2014. The comment period is 

extended to November 12, 2014. 

DATES: The comment period for the 

framework document for commercial 

pre-rinse spray valves, published on 

September 11, 2014 (79 FR 54213) is 

extended to November 12, 2014. 

ADDRESSES: Interested persons may 

submit comments by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

SprayValves20104STD0027@ee.doe.gov. 

Include EERE–2014–BT–STD–0027 and/ 

or regulation identifier number (RIN) 

1904–AD31 in the subject line of the 

message. All comments should clearly 

identify the name, address, and, if 

appropriate, organization of the 

commenter. Submit electronic 

comments in WordPerfect, Microsoft 

Word, portable data format (PDF), or 

American Standard Code for 

Information Interchange (ASCII) file 

format, and avoid the use of special 

characters or any form of encryption. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

Notice of Availability of Framework 

Document for Commercial Pre-rinse 

Spray Valves, EERE–2014–BT–STD– 

0027 and/or RIN 1904–AD31, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–2945. If possible, please 

submit all items on a compact disc (CD), 

in which case it is not necessary to 

include printed copies. (Please note that 

comments sent by mail are often 

delayed and may be damaged by mail 

screening processes.) 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Office, 6th Floor, 

950 L’Enfant Plaza SW., Washington, 

DC 20024. Phone: (202) 586–2945. If 

possible, please submit all items on a 

CD, in which case it is not necessary to 

include printed copies. 

All submissions received must 

include docket number EERE–2014–BT– 

STD–0027 and/or regulatory 

identification number (RIN) 1904– 

AD31. 

Docket: The docket is available for 

review at http://www.regulations.gov, 

and will include Federal Register 

notices, framework document, notice of 

proposed rulemaking, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials throughout the 

rulemaking process. The regulations.gov 

Web page contains simple instructions 

on how to access all documents, 

including public comments, in the 

docket. The docket can be accessed by 

searching for docket number EERE– 

2014–BT–STD–0027 on the 

regulations.gov Web site. All documents 

in the docket are listed in the http://

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Raba, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–8654. Email: 

jim.raba@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Celia Sher, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

September 11, 2014, the U.S. 

Department of Energy (DOE) published 

a document in the Federal Register 

initiating a rulemaking and data 

collection process to consider 

establishing energy conservation 

standards for commercial pre-rinse 

spray valves. 79 FR 54213. In that 

document, DOE announced the 

availability of a framework document. 

The document provided for the 

submission of written comments by 

October 27, 2014, and oral comments 

were also accepted at a public meeting 

held on September 30, 2014. The 

Plumbing Manufacturers International 

requested, by letter dated October 9, 

2014, an extension of the public 

comment period for the framework 

document, in view of the breadth, 

technical nature, and amount of data 

requested, and to ensure that key 

domestic and international industry 

representatives have adequate time to 

review and provide comments. 

DOE has determined that an extension 

of the public comment period for the 

framework document is appropriate to 

allow interested parties additional time 

to submit comments for DOE’s 

consideration. Thus, DOE is extending 

the comment period by 15 days. DOE 

will consider any comments received by 

November 12, 2014 to be timely 

submitted. 

Issued in Washington, DC, on October 10, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–24982 Filed 10–20–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2014–BT–STD– 

0042] 

RIN 1904–AD34 

Energy Conservation Program for 

Certain Industrial Equipment: Energy 

Conservation Standards for 

Commercial Water Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating a rulemaking 

to consider amended energy 

conservation standards for commercial 

water heaters, hot water supply boilers, 

and unfired hot water storage tanks 

(commercial water heating equipment). 

Once completed, this rulemaking will 

fulfill DOE’s statutory obligation to 

either propose amended energy 

conservation standards for commercial 

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