Page 1

FEDERAL REGISTER

VOL. 59, No. 187

Proposed Rules

DEPARTMENT OF ENERGY (DOE)

Office of Energy Efficiency and Renewable Energy (OEERE)

10 CFR Part 430

[Docket No. EE-RM-94-220-NOPR]

RIN: 1904-AA70

Energy Conservation Progr am for Consumer Products

Part II

59 FR 49478

DATE: Wednesday, September 28, 1994

ACTION: Notice of Proposed Rule and Public Hearing.

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[*49478]

SUMMARY: The Department of Energy (the Department) gives notice of a proposed rulemaking to define coloredfluorescent and incandescent lamps and to define the exemption from energy conservation standards for a rough or vibration service incandescent reflector lamp. The Energy Policy Act of 1992 requires the Department of Energy to administer an energy conservation program for certain major household appliances and commercial equipment, including fluorescent and incandescent lamps. Today's proposed rule will clarify definitions for colored fluorescent and incandescent lamps and will clarify the exemption for rough or vibration service incandescent reflector lamps.

DATES: Written comments (eight copies) in response to th is notice must be received by December 12, 1994.

Oral views, data, and arguments may be presented at the public hearing to be held in Washington, DC., on November 15, 1994. Requests to speak at the hearing must be received by the Department no later than 4:00 p.m. Copies of statements to be given at the public hearing must be recei ved by the Department no later than 4 p.m. The length of each presentation is limited to 15 minutes.

ADDRESSES: Written comments (eight copies) and requests to sp eak at the public hearing are to be submitted to: U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Proposed Definitions for Certain Flu-Page 2 59 FR 49478, *

orescent Lamps and Incandescent Lamps, Docket No. EE- RM-94-220-NOPR, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7140.

The hearing will begin at 9:30 a.m. on November 15, 1994 and will be held at the U.S. Department of Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW., Washington, DC.

Copies of the transcript of the public hearing and public comments received ma y be read at the Department of Energy Freedom of Information Reading Room, U.S. Department of Energy, Forrestal Building, Room 1E-190, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-6020, between the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

For more information concerning public participation in this rulemaking proceeding, see Section VII., "Public Comment," of SUPPLEMENTARY INFORMATION

.

FOR FURTHER INFORMATION CONTACT:

Terrence L. Logee, U.S. Department of Energy, Office of Ener gy Efficiency and Renewa ble Energy, Mail Station EE-431, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-1689

Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GC-72, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9507

SUPPLEMENTARY INFORMATION:

I. Introduction

Part B of Title III of the Energy Policy and Conservatio n Act (EPCA), Public Law 94-1 63, as amended by the National Energy Conservation Policy Act (NECPA), Public La w 95-619, the National Appliance Energy Conservation Act (NAECA) of 1987, Public Law 100-12, the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, and the Energy Policy Act of 1992 (EPACT), Public Law 102-486, created the Energy Conservation Program for Consumer Products other than Automobiles (Program). n1 The consumer and commercial products currently subject to this Program (often referred to hereafter as "covered products") include general service fluorescent lamps and general service incandescent lamps, the subject of today's notice. The Department is publishingelsewhere in this issue an Interim Final Rule amending part 430 to establish test procedures for flourescent and incandescent lamps, incorporating by reference test procedures adopted by the Illuminating Engineering Society (IES), American National Standards Institute (ANSI) and th e International Commission on Illumination (CIE).

n1 Part B of Title III of EPCA, as amende d, is referred to in this proposed rule as the "Act." Part B of Title III is
codified at 42 U.S.C. 6291 -6309.

II. Discussion

By this notice, the Department is proposing definitions for colored fluorescent and in candescent lamps. The Department is also proposing to clarify the exemption for rough or vibration service incandescent reflector lamps by requiring a C-17 or C-22 filament or by requiring a vibratio n test. The proposed definitions will apply to those products covered by sections 322(a)(14) and 325(i)(1) of the Act.

A. Definitions

By this notice, the Department is defining colored fl uorescent and colored incandescent lamps because section 321(a)(30)(B)(iii) and section 321(a)(30 )(C)(ii) of the Act contain exemptions for these lamps without defining them. After a meeting with lamp manufactur ers and the National Electrical Manufacturers Association, the Department believes that a colored lamp can be defined by using a suitable minimum value of the Color Rendering Index (CRI) or a correlated color temperature. The National Institute of Stan dards and Technology personnel have researched CRI values and correlated color temperatures for ma ny different colored fluorescent and incandescent lamps. The National Institute of Standards and Technology recommends and the Department agrees that either CRI or color temperature will sufficiently define colored lamps. The Department is proposin g that a CRI value less than 30 and a lamp color correlatedPage 3 59 FR 49478, *

temperature either below 2,500 degrees K for red and yellow colors or above 7,000 degrees K for blue and green colors will allow an exemption for bona-fide colored fluorescent lamps while requiring all of the "white" lamps to meet thestandards. Likewise, colored incandescent lamps must have CRI values below 50 and a lamp color correlated temperature either below 2,500 degrees K for red and yellow colors or above 7,000 degrees K for blue and green colors to beexempt from standards. The Department further proposes that these lamps be designed, designated and marketed specifically as colored lamps. DOE requests comments on the two proposals for definitions of colored fluorescent and incandescent lamps. The Department also invites manufacturer's to send data on CRI measur ements and color correlated temperatures for colored fluor escent and incandescent lamps.

The Department believes that the measurements required to determine if a lamp is colored by the above [*49479] definition are minimal. The CRI is a required measurement for fluorescent lamps and manufacturers would only have to make a CRI measurement for lightly tinted incandescent lamps such as "jeweler's blue." The color temperature is derived from spectroradiometric measurements correlated to a blackbody and the spectroradiometric data for most lamps already exists so manufacturers use a chart to determine the correlated color temperature.

Note that the "jeweler's blue" lamp may require a heavier tint to pass the proposed incandescent CRI cutoff so the Department is advising the manufacturer s to evaluate the CRI of any lightly tinted incandescent lamps. However, the Department believes that if the CRI for incandescent lamps is raised, that could allow a manufacturer to circumvent the standards with lightly tinted lamps.

Today's proposed rule also contains a definition of an exempt rough or vibration service incandescent reflectorlamp. Section 321(a)(30)(C)(ii) of the Act contains an exemption for "rough or vibration service applications" of incandescent reflector lamps without defining this term. After several meetings with lamp manufacturers and the National Electrical Manufacturers Association, the Department has dete rmined that there is no in dustry-wide accepted agreement on a definition for a rough or vibration service incandescent reflector lamp. Also, it appears that there are very few incandescent reflector lamps which are marketed solely for rough or vibration service applications. From a study, "Findings on Incandescent Reflector Lamps," conducted by Lawren ce Berkeley Laboratories, DOE has determined that sales data for long-life or vibration service applications are not collected separately and that approximately 20 percent of the present incandescent reflector lamp market is comprised of lamps marketed for those purposes. The Department was unable to separate the long-life reflector lamp market and the vibration service reflector lamp market. However, most lamps designated as "Long-life" rather than "Vibration Se rvice" have a C-9 filament with 4-supports. Additionally, three large lamp manufacturers use a C-17 filament with 12 supports to characterize thei r rough service incandescent reflector lamp. The Department believes that lamps labeled and marketed for rough or vibration service should either meet a design standard (a C-17 or C-22 filament) or a performance standard (pass a vibration test). Only such lamps would qualify for a rough or vibration service exemption from the standards.

Since reflector lamps with C-9 filaments are marketed for long life and since there is no in dustry consensus for the C-9 filament as a vibration design, the Department is proposing to define a rough or vibration service application lamp as an incandescent lamp designated and marketed specifically for rough or vibration service. Additionally, this lamp must have either 6 support wires with a C-17 or C-22 filament configuration or the lamp must meet a vibration test. The 6 support wires were proposed by one of the manufacturers and the Department believes that they will provide enough
additional vibration resistance while ma intaining better lamp efficacy than the 12 support wi res normally used in a rough or vibration service lamp. The proposed vibration test is a modified Naval test specification n2 for ruggedness of large tungsten filament lamps and consists of a vibration freque ncy test going from 5 to 33 Hz in 1 Hz increments and a 2 hour vibration endurance test at 33 Hz. The Department requests comments on this proposal.

n2 Correspondence to the Office of Codes and Standards from Osram Sylvania, Report # E-3727, Proposed Naval Test Specification for Ruggedness of Large Tungste n Filament Lamps (Shipboard Use), December 3, 1970.

III. Environmental Review

Pursuant to section 7(c)(2) of the Federal Energy Admini stration Act a copy of this notice has been submitted to theAdministrator of the Environmental Protection Agency for comment concerning the impact of this proposal on the quality of the environment.

Since test procedures are used to standardize the measur ement of energy usage, and will not affect the quality or distribution of energy usage, prescribing test procedures will not result in any environmental impacts. The Department of Energy, therefore, has determined that prescribing test procedures under the Program is not a major Federal actionPage 4 59 FR 49478, *

significantly affecting the quality of the human environment within the meaning of the National Environmental Policy
Act of 1969.

This Rulemaking, which amends existing part 430 of Title 10, will not change the environmental effect of such regulation, and is an item which is "categorically excluded (A6)" by the Department of Energy's regulations on National Environmental Policy Act Implementing Procedures (10 CFR part 1021) (57 FR 15122, April 24, 1992) (appendix A to subpart D, Categorical Exclusion A6.). Consequently, neither an Environmental Impact St atement nor an Environmental Assessment is required for this rule.

IV. Regulatory Planning and Review

Today's regulatory action has been determined not to be a "significant regulatory action" under Executive Order 12866, "Regulatory Planning and Review," (58 FR 51735, October 4, 1993). Accordingly, today's action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs.

V. Regulatory Flexibility Act

The Regulatory Flexibility Act (Pub. L. 96-345) (5 U.S.C. 601 -612) requires that an agency prepare an initial regulatory flexibility analysis and that it be published at the time the proposed rule is published. This requirement (which appears in section 603) does not apply if the agency "certifies that the rule will not, if promulgated, have a significanteconomic impact on a substantial number of small entities." This rule affects manufacturers of general service fluorescent and incandescent lamps. As previously discussed, the rule would not have significant economic impact, but rather, would provide common definitions and test methods. Therefore, the Department of Energy certifies that this rule, if promulgated, would not have a "significant economic impact on a substantial number of small entities."

VI. Federalism Review

Executive Order 12612 (52 FR 41685, Oct. 30, 1987) requires that regulations or rules be reviewed for any substantial direct effects on States, on th e relationship between the Federal Government and the States, or on the distribution of power and responsibilities among various levels of gove rnment. If there are sufficient substantial direct effects, then Executive Order 12612 requires preparation of a federalism assessment to be used in all decisions involved in promulgating and implementing a regulation or a rule.

The Department of Energy has identified a substantial direct effect that today's proposed rule would have on State governments. It would initially preempt inconsistent State regulations. However, the Department of Energy has concluded that such effect is not sufficient to warrant preparat ion of a federalism assessment for the following reason: the Act provides for subsequent State petitions for exemption. Thus, a determination as to whether a State law prevails mustbe made on a case-by-case basis using criteria set forth in the Act. When the Department of Energy [*49480] receives such a petition, it will then be appropriate to consider preparing a federalism assessmen t consistent with the criteria in the Act.

VII. Public Comment

A. Written Comment Procedures

Interested persons are invited to participate in the rulema king by submitting data, comments, or information with respect to the definitions set forth in this notice to the address indicated at the beginning of the notice.

Comments should be identified both on the envelope and on the documents as "Definitions for Certain Fluorescent and Incandescent Lamps, Docket No. EE-RM-94-220-NOPR." Eigh t (8) copies are requested to be submitted. If possible, the Department would appreciate an electronic copy of the comments on a 3.5 seconds diskette. The Department is currently using WordPerfect (TM) 5.1. All submittals received by the date specified at the beginning of this notice will be considered by the Department of Energy before final action is taken on the proposed rule.

Pursuant to the provisions of 10 CFR 1004.11 , any person submitting information which he or she believes to be confidential and exempt by law from public disclosure should submit one complete copy of the document and seven copies, if possible, from which the information believed to be confidential has been deleted. The Department of Energy will make its own determination with rega rd to the confidential status of the information and treat it according to its
determination.Page 5 59 FR 49478, *

Factors of interest to the Department of Energy when ev aluating requests to treat as confidential information that has been submitted include: (1) A description of the items; (2 ) an indication as to 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 previous ly 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) an indication as to 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.

B. Public Hearing

1. Procedures for Submitting Requests to Speak

The time and place of the public hearing are indicated at the begi nning of this notice. Th e Department of Energy invites any person who has an interest in today's proposed rule, or who is a representative of a group or class of persons that has an interest in these definitions, to make a request fo r an opportunity to make an oral presentation. Such requestsshould be directed to the address or telephone number indicated at the beginning of this notice. Requests should be labeled "Definitions for Certain Fluorescent and Incandescen t Lamps, Docket No. EE-RM-94-220-NOPR," both on the document and on the envelope.

The person making the request should briefly describe the interest concerned and state why he or she, either individually or as a representative of a group or class of persons that have such an interest, is an appropriate spokesperson, and give a telephone number where he or she may be contacted.

2. Conduct of Hearing

The Department of Energy reserves the right to select the pe rsons to be heard at the hearing, to schedule the respective presentations, and to establish the procedures governing the conduct of the hearing. The length of each presentation
is limited to 15 minutes.

A Department of Energy official will be designated to pres ide at the hearing. The hearing will not be a judicial or an evidentiary-type hearing, but will be conducted in accordance with 5 U.S.C. 533 and section 336 of the Act. At the
conclusion of all initial oral statements at each day of the hearing, each person who has made an oral statement will be given the opportunity to make a clarifying rebuttal statement, subject to time limitations. The rebuttal statement will be given in the order in which the initial statements were made.

Any further procedural rules needed for the proper conduc t of the hearing will be announced by the presiding official.

A transcript of the hearing will be made, and the entire reco rd of this rulemaking, including the transcript, will beretained by the Department of Energy and made available for inspection at the Department of Energy Freedom of Information Reading Room as provided at the beginning of this notice. Any person may purchase a copy of the transcript from the transcribing reporter.

C. Issues for Public Comment

The Department of Energy is interest ed in receiving comments and data c oncerning the accuracy and workability ofthese definitions. Also, the Department of Energy welcomes discussion on improvements or alternatives to these approaches. In particular, the Department of Energy is interested in gathering comments on the following:

.Color temperature ranges for colore d fluorescent and incandescent lamps.

.Appropriateness of the prescribed filaments for the ro ugh or vibration service incandescent reflector lamp.

.Applicability of the proposed vibration test to determine the rough or vibration service exemption for incandescent reflector lamps.

List of Subjects in 10 CFR Part 430Page 6 59 FR 49478, *

Administrative practice and procedure, Energy conservation, Household appliances.

Issued in Washington, DC, August 10, 1994.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and Renewable Energy.

For the reasons set forth in the preamble, part 430 of chap ter II of title 10, Code of Federal Regulations, is proposed
to be amended 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.

2. Section 430.2 is proposed to be amended by adding definitions for "Colored Fluorescent Lamp," "Colored Incandescent Lamp," and Rough or Vibration Service Exemption" in alphabetical order to read as follows:

§ 430.2 -- Definitions.

* * * * *

Colored Fluorescent Lamp means a lamp designed and designated with a CRI less than 30, as determined according to the method given in CIE Publication 13.2 (as incorporated by reference in 10 CFR 430.22 ) or which [*49481] has a lamp correlated color temperature either below 2500 degrees K or above 7,000 degrees K.

Colored Incandescent Lamp means a lamp designed and designated with a CRI less than 50, as determined according to the method given in CIE Publication 13.2 (as incorporated by reference in 10 CFR 430.22 ) or which has a lamp correlated color temperature either below 2500 degrees K or above 7,000 degrees K.

* * * * *

Rough or Vibration Service Incandescent Reflector Lamp means either an incandescent lamp in which a C-17 or C-22 filament is mounted with no less than six supports not including the lead wires or an incandescent lamp which meets the requirements of the vibration test in Appendix R(4.3.4) to Subpart B of Part 430. The filament configurations are depicted in chapter six of the Illuminating Engineering Society Lighting Handbook, 8th Edition, New York, 1993. Additionally, these lamps must be designated and marketed specifically for rough or vibration service applications.

* * * * *

3. Section 430.25, paragraph (b) is amended by revising the first sentence to read as follows:

§ 430.25 -- Laboratory Accreditation Program.

* * * * *

(b) The test procedures for general service fluorescent la mps, general service incandescent lamps, incandescent reflector lamps, medium base compact fluo rescent lamps, and rough or vibration service incandescent reflector lamps as specified in Appendix R to this subpar t, shall be conducted by test laborato ries accredited by NVLAP or an accrediting organization recognized by NVLAP. * * *

8. Appendix R to Subpart B of Part 430-Uniform Test Method for Measur ing Average Lamp Efficacy (LE) and Color Rendering Index (CRI) of General Service Fluorescent and Incandescent Lamps, Incandescent Reflector Lamps, and Medium Base Compact Fluorescent Lamps is amended by adding paragraphs 4.3.4, 4.3.4.1, 4.3.4.2, 4.3.4.3, 4.3.4.4,
and 4.3.4.5 to read as follows:

Appendix R to Subpart B of Part 430-Uniform Test Me thod for Measuring Average Lamp Efficacy (LE) and Color Rendering Index (CRI) of Electric Lamps

* * * * *Page 7 59 FR 49478, *

4. Test Methods and Measurements

* * * * *

4.3 Incandescent Reflector Lamps

* * * * *

4.3.4 The following vibration test shall be used to determine whether an incandescent lamp qualifies for a rough or vibration service application.

4.3.4.1 The vibration frequency test consists of vibratin g an illuminated lamp with a sinusoidal wave shape from 5 to 33 Hz in discrete frequency intervals of 1 Hz, at the am plitudes shown in the table below. At each integral frequency,
the vibration shall be maintained for five minutes.

Amplitudes of Vibration ( 1/2 Total Excursion)

Frequency range (Hz) Amplitude +/- inch

5 to 15 0.030 +/- 0.006
16 to 25 0.020 +/- 0.004
26 to 33 0.010 +/- 0.002

4.3.4.2 The endurance test consists of a two hour vibration test of an illuminated lamp using a sinusoidal wave shape at a frequency of 33 HZ and an amplitude of 0.010 +/- .002 inches.

4.3.4.3 The vibration frequency and endurance tests shall be performed with the direction of vibration along the lamp stem and in two directions perpendicular to the stem.

4.3.4.4 A sample of five lamps shall be randomly chosen from a production lot; no failures are permitted.

4.3.4.5 The test report shall list the testing company, date , place and test engineer/technician. It shall also list the lamp manufacturer, type of lamp, production date code, and pass or fail for the vibration frequency and endurance tests for each lamp.

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[FR Doc. 94-23749 Filed 9-27-94; 8:45 am]

BILLING CODE 6450-01-P