From: Kohl, Elizabeth [Elizabeth.Kohl@hq.doe.gov] Sent: Friday, March 26, 2010 2:48 PM To: 'AFriedman@ftc.gov' Cc: 'JMongoven@ftc.gov' Subject: DOE Section 32 letter for fluorescent lamp ballasts test procedure proposed rule Attachments: TP NOPR.pdf; FTC Sec. 32 letter fluorescent lamp ballasts.pdf
Good afternoon, Alan/Jim -- Attached please find a Section 32 letter from DOE for your review, as well as a copy of the proposed rule to amend the test procedures for fluorescent lamp ballasts. The attached documents are being sent to consult with you concerning DOE's use in the proposed test procedure rule portions of certain commercial standards (set forth in the letter). The consultation is required by section 301 of the Department of Energy Organization Act (Pub. L. 95-91), which states that DOE must comply with section 32(c) of the Federal Energy Administration Act of 1974 (FEAA), as amended by the Federal Energy Administration Authorization Act of 1977, 15 U.S.C. 788(c): "The Administrator shall not incorporate within any rule, nor prescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman of the Federal Trade Commission concerning the impact of such standards on competition and neither such individual recommends against such incorporation or use." Please let me know if you have any questions. (Note: My apologies, this letter was drafted and submitted for signature before we substituted Jim for Suzanne on our distribution list; future correspondence will be addressed correctly.) A response would be appreciated within 30 days; I can be reached at this email address or the telephone number below. Thank you, Betsy Betsy Kohl Attorney-Adviser Office of the General Counsel U.S. Department of Energy 202-586-7796

### Department of Energy Washington, DC 20585
March 25, 2010 The Honorable Jon Leibowitz Chainnan Federal Trade Commission 600 PennsylvaniaAvenue, NW Washington, DC 20580
Dear Chainnan Leibowitz: The Department ofEnergy (DOE) has issued a notice ofproposed rulemaking (NOPR) that would amend its test procedure for fluorescent lamp ballasts, pursuant to Title 

### III, Part A ofthe Energy Policy and Conservation Act (EPCA), 42 U,S,c. 6291 et seq. This proposal would adopt changes to the DOE test procedure to reduce measurement variation, DOE is proposing the incorporation ofprocedures based on the current industry standard.
Pursuant to section 301 ofthe Department ofEnergy Organization Act (Pub, L. 95-91), DOE must comply with section 32(c) ofthe Federal Energy Administration Act of 1974 (FEAA), as amended by the Federal Energy Administration Authorization Act of 1977,15 U.S.c. 788(c), which states: The Administrator shall not incorporate within any rule, norprescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman ofthe Federal Trade Commission concerning the impact ofsuch standards on competition and neither such individual recommends against such incorporation or use. This letter is being sent to consult with you concerning DOE's use in its proposed test procedure rule portions ofthe following commercial standards: American National Standards Institute (ANSI) (I) ANSI C82.2-2002, "American National Standards for Fluorescent Lamp Ballasts

- Methods ofMeasurement." (2) ANSI C82J-2004, "American National Standard for Lamp Ballast

- Line-Frequency Fluorescent Lamp Ballast." (3) ANSI C82J 1-2002, "American National Standard for Lamp Ballasts

- High-frequency Fluorescent Lamp Ballasts." (4) ANSI C82.13-2002, "American National Standard for Lamp Ballasts -Definitions for Fluorescent Lamps and Ballasts."

# *

J'rintcti with ,0)' ink on rt:cyckd paper(5) ANSI C82.3-2002, "American National Standard for Reference Ballasts for Fluorescent Lamps." (6) ANSI C78.81-2005, "American National Standard for Electric Lamps-Double-Capped Fluorescent Lamps-Dimensional and Electrical Characteristics." (7) ANSI C78.901-2005, "American National Standard for Electric Lamps-Single-Based Fluorescent Lamps-Dimensional and Electrical Characteristics." The Department discussed these commercial standards and the potential incorporation or use of portions ofthe standards in the notice ofproposed rulemaking, which has been sent to the Federal Register for publication.
I have enclosed for your information a copy ofthe NOPR which references portions ofthe commercial standard on which DOE must consult with you. We would appreciate your comments, ifany, not later than 30 days from receipt ofthis letter. 

### If we have not heard from you by that date, we will assume that you do not recommend against incorporation or use ofthe commercial standard discussed above. Thank you for your attention to this matter. 

### Ifmembers ofyour statThave any questions about this rulemaking, they may contact Francine Pinto or Betsy Kohl ofmy office at (202) 586-7432. Sincerely,

# ~rdS,Jr. Deputy General Counsel
Enclosure

cc: Ms. Suzanne Michel Office ofPolicy & Evaluation Federal Trade Commission, Room 383 600 Pennsylvania Ave., N.W. Washington, DC 20580
Mr. Alan Friedman Office ofPolicy & Evaluation Federal Trade Commission, Room 383 600 Pennsylvania Ave., N.W. Washington, DC 20580