Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Proposed Rules 14319 

Power Factor Input Power

Input Voltage Input Current = ×

Where: 

Input power is determined in accordance 

with section 7.1.2.2, 

Input voltage is determined in accordance 

with section 7.1.2.2, and 

Input current is determined in accordance 

with section 7.1.2.3. 

6. Section 430.62 is amended by 

revising paragraph (a)(1), and adding 

new paragraphs (a)(4)(xxv) and (a)(6) to 

read as follows: 

§ 430.62 Submission of data. 

(a)(1) Except as provided in paragraph 

(a)(2) and (a)(6) of this section, each 

manufacturer or private labeler before 

distributing in commerce any basic 

model of a covered product subject to 

the applicable energy conservation 

standard or water conservation standard 

(in the case of faucets, showerheads, 

water closets, and urinals) set forth in 

subpart C of this part shall certify by 

means of a compliance statement and a 

certification report that each basic 

model(s) meets the applicable energy 

conservation standard or water 

conservation standard (in the case of 

faucets, showerheads, water closets, and 

urinals) as prescribed in section 325 of 

the Act. The compliance statement, 

signed by the company official 

submitting the statement, and the 

certification report(s) shall be sent by 

certified mail to: Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Office of Codes and 

Standards, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

* * * * * 

(4) * * * 

(xxv) Fluorescent Lamp Ballasts, the 

ballast efficacy factor (BEF) and the 

ballast power factor (PF). 

* * * * * 

(6) Each manufacturer or private 

labeler of a basic model of a covered 

fluorescent lamp ballast shall file a 

compliance statement and a certification 

report to DOE using the test procedure 

described in Appendix Q to Subpart B 

of Part 430 within 1 year of publication 

of the fluorescent lamp ballast test 

procedure and energy conservation 

standard final rulemaking. Furthermore, 

each manufacturer or private labeler of 

a basic model of a covered fluorescent 

lamp ballast shall file a compliance 

statement and a certification report to 

DOE using the test procedure described 

in Appendix Q1 to Subpart B of Part 430 

before within 4 years of publication of 

the fluorescent lamp ballast test 

procedure and energy conservation 

standards final rulemaking. 

* * * * * 

[FR Doc. 2010–6374 Filed 3–23–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2007–BT–STD–0016] 

RIN 1904–AB50 

Energy Conservation Standards for 

Fluorescent Lamp Ballasts: Public 

Meeting and Availability of the 

Preliminary Technical Support 

Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of preliminary technical 

support document. 

SUMMARY: The U.S. Department of 

Energy (DOE) will hold a public meeting 

to discuss and receive comments on: the 

product classes that DOE plans to 

analyze for purposes of establishing 

energy conservation standards for 

fluorescent lamp ballasts; the analytical 

framework, models, and tools that DOE 

is using to evaluate standards for these 

products; the results of preliminary 

analyses DOE performed for these 

products; and potential energy 

conservation standard levels derived 

from these analyses that DOE could 

consider for these products. DOE 

encourages written comments on these 

subjects. To inform interested parties 

and facilitate this process, DOE has 

prepared an agenda, a preliminary 

technical support document (TSD), and 

briefing materials, which are available at 

http://www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

fluorescent_lamp_ballasts.html. 

DATES: DOE will hold a public meeting 

on Monday, April 26, 2010, beginning at 

9 a.m. in Washington, DC. The agenda 

for the public meeting will first cover 

the concurrent test procedure 

rulemaking for fluorescent lamp ballasts 

(see proposal in today’s Federal 

Register), and then this energy 

conservation standards rulemaking for 

the same products. Any person 

requesting to speak at the public 

meeting should submit such a request, 

along with an electronic copy of the 

statement to be given at the public 

meeting, before 4 p.m., Monday, April 

12, 2010. Written comments are 

welcome, especially following the 

public meeting, and should be 

submitted by May 10, 2010. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

note that foreign nationals participating 

in the public meeting are subject to 

advance security screening procedures. 

If a foreign national wishes to 

participate in the public meeting, please 

inform DOE of this fact as soon as 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 so that the 

necessary procedures can be completed. 

Interested persons may submit 

comments, identified by docket number 

EERE–2007–BT–STD–0016, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

ballasts.rulemaking@ee.doe.gov. Include 

EERE–2007–BT–STD–0016 and/or RIN 

1904–AB50 in the subject line of the 

message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Public Meeting for Fluorescent Lamp 

Ballasts, EERE–2007–BT–STD–0016, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, Sixth 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Telephone (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number. 

Docket: For access to the docket to 

read background documents or a copy of 

the transcript of the public meeting or 

comments received, go to the U.S. 

Department of Energy, Sixth Floor, 950 

L’Enfant Plaza, SW., Washington, DC 

20024, (202) 586–2945, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Please call Ms. 

Brenda Edwards at (202) 586–2945 for 

additional information regarding 

visiting the Resource Room. 


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14320 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information to Ms. Linda Graves, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

8654. E-mail: Linda.Graves@ee.doe.gov. 

In the Office of General Counsel, contact 

Ms. Francine Pinto or Ms. Elizabeth 

Kohl, U.S. Department of Energy, Office 

of General Counsel, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–7432. 

E-mail: Francine.Pinto@hq.doe.gov; 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

II. History of Standards Rulemaking for 

Fluorescent Lamp Ballasts 

A. Background 

B. Current Rulemaking Process 

III. Summary of the Analyses 

A. Engineering Analysis 

B. Energy Use Characterization 

C. Markups To Determine Installed Price 

D. Life-Cycle Cost and Payback Period 

Analyses 

E. National Impact Analysis 

I. Statutory Authority 

The Energy Policy and Conservation 

Act (EPCA) of 1975, Public Law 94–163 

(42 U.S.C. 6291–6309), established an 

energy conservation program for major 

household appliances. Amendments to 

EPCA in the National Appliance Energy 

Conservation Amendments of 1988 

(NAECA 1988), Public Law 100–357, 

established energy conservation 

standards for fluorescent lamp ballasts. 

These amendments also required that 

DOE (1) conduct two rulemaking cycles 

to determine whether these standards 

should be amended; and (2) for each 

rulemaking cycle, determine whether 

the standards in effect for fluorescent 

lamp ballasts should be amended to 

apply to additional fluorescent lamp 

ballasts. (42 U.S.C. 6295(g)(7)(A)–(B)). 

On September 19, 2000, DOE published 

a final rule in the Federal Register, 

which completed the first rulemaking 

cycle to amend energy conservation 

standards for fluorescent lamp ballasts. 

65 FR 56740, 56740–56749 (September 

19, 2000). This rulemaking encompasses 

DOE’s second cycle of review to 

determine whether the standards in 

effect for fluorescent lamp ballasts 

should be amended and whether the 

standards should be applicable to 

additional fluorescent lamp ballasts. 

DOE must design each standard for 

these products to (1) achieve the 

maximum improvement in energy 

efficiency that is technologically 

feasible and economically justified, and 

(2) result in significant conservation of 

energy. (42 U.S.C. 6295(o)(2)(A) and 

(o)(3)) To determine whether a proposed 

standard is economically justified, DOE 

must determine whether the benefits of 

the standard exceed its burdens to the 

greatest extent practicable, weighing the 

following seven factors: 

1. The economic impact of the 

standard on manufacturers and 

consumers of products subject to the 

standard; 

2. The savings in operating costs 

throughout the estimated average life of 

the covered products in the type (or 

class) compared to any increase in the 

price, initial charges, or maintenance 

expenses for the covered products 

which are likely to result from the 

imposition of the standard; 

3. The total projected amount of 

energy savings likely to result directly 

from the imposition of the standard; 

4. Any lessening of the utility or the 

performance of the covered products 

likely to result from the imposition of 

the standard; 

5. The impact of any lessening of 

competition, as determined in writing 

by the Attorney General, that is likely to 

result from the imposition of the 

standard; 

6. The need for national energy 

conservation; and 

7. Other factors the Secretary [of 

Energy] considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)) 

Before proposing a standard, DOE 

typically seeks public input on the 

analytical framework, models, and tools 

that will be used to evaluate standards; 

the results of preliminary analyses; and 

potential energy conservation standard 

levels derived from these analyses. DOE 

is publishing this document to 

announce the availability of the 

preliminary technical support document 

(TSD), which details the preliminary 

analyses, discusses the comments on the 

framework document, and summarizes 

the preliminary results. In addition, 

DOE is announcing a public meeting to 

solicit feedback from interested parties 

on its analytical framework, models, 

and preliminary results. 

II. History of Standards Rulemaking for 

Fluorescent Lamp Ballasts 

A. Background 

As mentioned above, NAECA 1988 

amended EPCA to establish energy 

conservation standards for fluorescent 

lamp ballasts and require that DOE (1) 

conduct two rulemaking cycles to 

determine whether these standards 

should be amended; and (2) for each 

rulemaking cycle, determine whether 

the standards in effect for fluorescent 

lamp ballasts should be amended so that 

they would be applicable to additional 

fluorescent lamp ballasts. (42 U.S.C. 

6295(g)(7)(A)-(B)) On September 19, 

2000, DOE published a final rule in the 

Federal Register, which completed the 

first of the two rulemaking cycles to 

evaluate and amend the energy 

conservation standards for fluorescent 

lamp ballasts (hereafter ‘‘the 2000 

Ballast Rule’’). 65 FR 56740 (September 

19, 2000). This rulemaking established a 

consensus standard representing an 

agreement between the fluorescent lamp 

ballast industry and energy efficiency 

advocacy organizations. A table of the 

standards DOE codified can be found in 

appendix 3A of the preliminary TSD 

and in 10 CFR 430.32(m)(3). 

Congress promulgated new energy 

conservation standards for certain 

fluorescent lamp ballasts under the 

Energy Policy Act of 2005 (EPACT 

2005), Public Law 109–58. (EPACT 

section 135(c)(2); codified at 42 U.S.C. 

6295(g)(8)(A)) On October 18, 2005, 

DOE published a final rule in the 

Federal Register codifying those new 

fluorescent lamp ballast standards into 

the Code of Federal Regulations at 10 

CFR 430.32(m). 70 FR 60407. These 

standards established ballast efficacy 

requirements for ‘‘energy saver’’ versions 

of full-wattage ballasts, such as the 

F34T12 ballast. 

On December 19, 2007, the President 

signed the Energy Independence and 

Security Act of 2007 (EISA 2007; Pub. 

L. 110–140). EISA 2007 did not amend 

standards for fluorescent lamp ballasts, 

but instead directed DOE to amend its 

test procedure for fluorescent lamp 

ballasts to incorporate a measure of 

standby mode and off mode energy 

consumption. (42 U.S.C. 6295(gg)(2)) 

DOE published a notice of proposed 

rulemaking (NOPR) for the standby and 

off mode test procedure on January 21, 

2009. 74 FR 3450. In addition, DOE is 

directed to incorporate standby mode 

and off mode energy use in any 

amended (or new) standard adopted 

after July 1, 2010. (42 USC 6295(gg)(3)) 

Because this energy conservation 

standards rulemaking for fluorescent 

lamp ballasts will be completed in 2011, 

the requirement to incorporate standby 

mode energy use into the energy 

conservation standards analysis is 

applicable. 

This rulemaking encompasses DOE’s 

second cycle of review to determine 

whether the standards in effect for 

fluorescent lamp ballasts should be 

amended and whether the standards 

should be made applicable to additional 

fluorescent lamp ballasts. This 

rulemaking also addresses 42 U.S.C. 

6295(gg)(3), in which DOE is directed to 

incorporate standby mode and off mode 

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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Proposed Rules 14321 

energy use in any amended (or new) 

standard adopted after July 1, 2010. 

Under the consolidated Consent 

Decree in New York v. Bodman, No. 05 

Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005) 

and Natural Resources Defense Council 

v. Bodman, No. 05 Civ. 7808 (S.D.N.Y. 

filed Sept. 7, 2005) the U.S. Department 

of Energy is required to publish a final 

rule amending energy conservation 

standards for fluorescent lamp ballasts 

no later than June 30, 2011. 

B. Current Rulemaking Process 

On January 22, 2008, DOE published 

a notice announcing the availability of 

the framework document, ‘‘Energy 

Conservation Standards Rulemaking 

Framework Document for Fluorescent 

Lamp Ballasts,’’ and a public meeting to 

discuss the proposed analytical 

framework for the rulemaking. 73 FR 

3653. DOE also posted the framework 

document on its website describing the 

procedural and analytical approaches 

DOE anticipated using to evaluate the 

establishment of energy conservation 

standards for fluorescent lamp ballasts. 

This document is available at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/pdfs/ 

ballast_framework_011408.pdf. 

DOE held a public meeting on 

February 6, 2008, to describe the various 

rulemaking analyses DOE would 

conduct, such as the engineering 

analysis, the life-cycle cost (LCC) and 

payback period (PBP) analyses, and the 

national impact analysis (NIA); the 

methods for conducting them; and the 

relationship among the various 

analyses. Manufacturers, trade 

associations, and environmental 

advocates attended the meeting. The 

participants discussed multiple issues, 

including the scope of covered 

fluorescent lamp ballasts, definitions, 

test procedures, the ballast efficiency 

metric, DOE’s engineering analysis, lifecycle costs, efficiency levels, and energy 

savings. 

Comments received since publication 

of the framework document have helped 

DOE identify and resolve issues 

involved in the preliminary analyses. 

Chapter 2 of the preliminary TSD 

summarizes and addresses the 

comments DOE received. 

III. Summary of the Analyses 

DOE conducted in-depth technical 

analyses in the following areas for the 

fluorescent lamp ballasts currently 

under consideration: (1) Engineering, (2) 

energy-use characterization, (3) markups 

to determine product price, (4) LCC and 

PBP, and (5) national impact. The 

preliminary TSD presents the 

methodology and results of each 

analysis. The analyses are described in 

more detail below. 

DOE conducted several other analyses 

that either support the five major 

analyses or are preliminary analyses 

that will be expanded in the NOPR. 

These include the market and 

technology assessment; the screening 

analysis, which contributes to the 

engineering analysis; and the shipments 

analysis, which contributes to the NIA. 

DOE has begun some preliminary work 

on the manufacturer impact analysis 

and identified the methods to be used 

for the LCC subgroup analysis, the 

environmental assessment, the 

employment analysis, the regulatory 

impact analysis, and the utility impact 

analysis. DOE will expand on these in 

the NOPR. 

A. Engineering Analysis 

The engineering analysis establishes 

the relationship between the 

manufacturer selling price and the 

efficiency of the product. This 

relationship serves as the basis for costbenefit calculations for individual 

consumers, manufacturers, and the 

nation. The engineering analysis 

identifies representative baseline 

models, which is the starting point for 

analyzing technologies that provide 

energy efficiency improvements. A 

baseline model refers to a model or 

models having features and technologies 

typically found in products currently 

offered for sale. The baseline model in 

each equipment class represents the 

characteristics of certain fluorescent 

lamp ballasts in that class and, for 

ballasts already subject to energy 

conservation standards, usually is a 

model that just meets the current 

standard. Chapter 5 of the preliminary 

TSD discusses the engineering analysis. 

B. Energy Use Characterization 

The energy use characterization 

provides estimates of annual energy 

consumption for fluorescent lamp 

ballasts, which DOE uses in the LCC 

and PBP analyses and the NIA. DOE 

developed energy consumption 

estimates for all of the product classes 

analyzed in the engineering analysis as 

the basis for its energy use estimates. 

Chapters 2 and 6 of the preliminary TSD 

provide detail on the energy use 

characterization. 

C. Markups to Determine Installed Price 

DOE derives the installed prices for 

products based on manufacturer 

markups, retailer markups, distributor 

markups, contractor markups, builder 

markups, and sales taxes. In deriving 

these markups, DOE has determined the 

distribution channels for product sales, 

the markup associated with each party 

in the distribution channels, and the 

existence and magnitude of differences 

between markups for baseline products 

(baseline markups) and for moreefficient products (incremental 

markups). DOE calculates both overall 

baseline and overall incremental 

markups based on the product markups 

at each step in the distribution channel. 

The overall incremental markup relates 

the change in the manufacturer sales 

price of higher-efficiency models (the 

incremental cost increase) to the change 

in the retailer or distributor sales price. 

Chapters 2 and 7 of the preliminary TSD 

provide detail on the estimation of 

markups. 

D. Life-Cycle Cost and Payback Period 

Analyses 

The LCC and PBP analyses determine 

the economic impact of potential 

standards on individual consumers. The 

LCC is the total consumer expense for 

a product over the life of the product. 

The LCC analysis compares the LCCs of 

products designed to meet possible 

energy conservation standards with the 

LCCs of the products likely to be 

installed in the absence of standards. 

DOE determines LCCs by considering 

(1) total installed cost to the purchaser 

(which consists of manufacturer selling 

price, sales taxes, distribution chain 

markups, and installation cost); (2) the 

operating expenses of the products 

(energy use and maintenance); (3) 

product lifetime; and (4) a discount rate 

that reflects the real consumer cost of 

capital and puts the LCC in presentvalue terms. The PBP represents the 

number of years needed to recover the 

increase in purchase price (including 

installation cost) of more efficient 

products through savings in the 

operating cost of the product. PBP is 

equal to the change in total installed 

cost due to increased efficiency divided 

by the change in annual operating cost 

from increased efficiency. Chapters 2 

and 8 of the preliminary TSD provide 

detail on the LCC and PBP analyses. 

E. National Impact Analysis 

The NIA estimates the NES and the 

NPV of total consumer costs and savings 

expected to result from new standards at 

specific efficiency levels (referred to as 

candidate standard levels). DOE 

calculated NES and NPV for each level 

for each candidate standard for 

fluorescent lamp ballasts as the 

difference between a base-case forecast 

(without new standards) and the 

standards-case forecast (with standards). 

DOE determined national annual energy 

consumption by multiplying the 

number of units in use (by vintage) by 

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14322 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Proposed Rules 

the average unit energy consumption 

(also by vintage). Cumulative energy 

savings are the sum of the annual NES 

determined over a specified time period. 

The national NPV is the sum over time 

of the discounted net savings each year, 

which consists of the difference 

between total operating cost savings and 

increases in total installed costs. Critical 

inputs to this analysis include 

shipments projections, retirement rates 

(based on estimated product lifetimes), 

and estimates of changes in shipments 

and retirement rates in response to 

changes in product costs due to 

standards. Chapters 2 and 10 of the 

preliminary TSD provide detail on the 

NIA. 

DOE consulted with interested parties 

on all of the analyses and invites further 

input on these topics. The preliminary 

analytical results are subject to revision 

following review and input from the 

public. A revised TSD will be made 

available upon issuance of a NOPR. The 

final rule will contain the final analysis 

results and be accompanied by a final 

rule TSD. 

DOE encourages those who wish to 

participate in the public meeting to 

obtain the preliminary TSD and be 

prepared to discuss its contents. 

However, public meeting participants 

need not limit their comments to the 

topics identified in the preliminary 

TSD. DOE is also interested in receiving 

information on other relevant issues that 

participants believe would affect energy 

conservation standards for these 

products or that DOE should address in 

the NOPR. 

DOE welcomes all interested parties, 

regardless of whether they participate in 

the public meeting, to submit comments 

and information in writing by May 10, 

2010. 

The public meeting will be conducted 

in an informal, conference style. A court 

reporter will be present to record the 

minutes of the meeting. There shall be 

no discussion of proprietary 

information, costs or prices, market 

shares, or other commercial matters 

regulated by United States antitrust 

laws. 

After considering all comments and 

additional information it receives from 

interested parties or through further 

analyses, DOE will prepare and publish 

in the Federal Register a NOPR. The 

NOPR will include proposed energy 

conservation standards for the products 

covered by the rulemaking. Members of 

the public will have an opportunity to 

submit written and oral comments on 

the proposed standards. 

Issued in Washington, DC, on February 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–6373 Filed 3–23–10; 8:45 am] 

BILLING CODE 6450–01–P 

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