### Federal Ragister / Vol. 55, No. 43 / Monday, March 5, 1990 / Proposed Rules

DEPARTMENT OF ENERGY

Office of Conservation and Renewable Energy Energy

. Office of Conservation and Renewable Energy

. Hearings and Dockets

, Fluorescent Lamp Ballasts. Docket No

. CE-RM

-90-102

, Forrestal Building

. 1000 Independence Avenue, 10 CFR Part 430 SW., Washington. DC 20585, (202) 586-
IDodkat Na CE

-A -90•-1021 3012. The public hearing will be held at Energy Conservation Program for Room IE-245, Forrestal Building, 1000 Consumer Products; Test Procedures Independence Avenue SW.. 

### for Fluorescent Lamp Ballasts Washington, DC 20585. Please bring nine

AGENCY: Office of Conservation and copies of the prepared oral testimony to Renewable Energy, Department of the hearing. Copies of the transcript of the public hearing, and the public Energy. comments received. may ACTION: Notice of proposed rulemaking be obtained or and public hearing. d at the DOE Freedom of P Information Reading Room, Room IE -
SUMMARY: The Energy Policy and 190, Forrestal Building, 1000 Conservation Act (EPCA), as amended Independence Avenue SW.. by (a) the National Energy Conservation Washington. DC., 20585,(202) 586-6020. Policy Act (NECPA), (b) the National A copy of ANSI Standard C82.2.1984, Appliance Energy Conservation Act of "American National Standard for _ 1987 (NAECA), and (c) the National Fluorescent Lamp Ballasts-Methods of Appliance Energy Conservation Measurement," approved October 21, Amendments of 1988 (NAECA 1988).1 1983, may be viewed at or obtained from requires the Department of Energy (DOE the DOE Freedom of Information or Department) to administer an energy Reading Room, Room 1E-190, Forrestal conservation program for certain major Building, 1000 Independence Avenue household appliances. (NAECA 1988 SW., Washington. DC 20585, (202) 586- added fluorescent lamp ballasts to the, and also may be obtained from program's coverage.) Among other ANSI, 1430 Broadway, New York, NY program elements, the Act requires that 10018, (212) 642-4900. standard methods of testing be FOR FI/RT14ER INFORMATION CONTACT: prescribed for each covered product. Douglass S. Abramson. U.S. Department With respect to fluorescent lamp of Energy, Office of Conservation and ballasts, the Act directs the Secretary of Renewable Energy, Forrestal Building, Energy to prescribe test procedures that Mail Station, CE-132, 1000 

### are in accord with American National Independence Avenue SW., Standard Institute (ANSI) Standard Washington, DC 20585, (202) 586-9127 C82.2-1984. Eugene Margolis. Esq., U.S. Department The purpose of today's notice of of Energy. Office of General Counsel,proposed rulemaking is to request data, Forrestal Building, Mail:Station, GCcomments and information on the 12.1000 Independence Avenue SW., proposed test procedures for the Washington, DC 20585, (202) 588-9507 fluorescent lamp ballast, a device which U.S. Department of Energy, Hearings is used to start and operate fluorescent and Dockets, Forrestal Building, Mail lamps. Station CE-43.1, Room 6B-025, 1000 Today's notice also announces, at the Independence Avenue SW., time of the final rule, (1) removal of the Washington, DC 20585, (202) 588-3012. Department's rules and references concerning humidifiers and SUPPLEMENTARY INFORMATION: dehumidifiers; and (2) certain technical I. Background 

### corrections to provisions which have The Energy Conservation Program for already been codified. Consumer Products (other than DATES: Written comments (nine copies) automobiles) (Program) was established in response to this notice must be pursuant to the Act. The thirteen received by May 21, 1990; requests to consumer products subject to this 

### speak at the public hearing must be Program (covered products) include received by April 23,1990; the public fluor,scent lamp ballasts, the subject of hearing will be held on April 2& 1990. at toddy's proposed rulemaking.' 9:30 a.m. ADDRESSES: Written comments and requests to speak at the public hearing shall be sent to: U.S. Department of

Part B ofTide W of EPCA, o ateendad. re refereed to in this notice as the "Act." Part 8 of Title III is codified at 42 U.S.C. e2D1-63ota. $ The tkirtesn covered product categories are, refrigerators
, refrigerator-freezers and freezers: room air conditioners: central air conditioners and central air conditioning heat pumps : water heaters; fe races: dishwashers:. clothes washers: clothes dryers: direct beating equipment kitchen ranges and ovens: pool heaters: television sets; and fluorescent lamp ballasts. 

### 7719

Under the Act, the Program consists essentially of three parts : testing, labeling
, and Federal energy conservation standards. The Department
, in consultation with the National Institute of Standards and Technology (NIST). (formerly the National Bureau of Standards), maintains the test procedures as appropriate for each of the covered products

. Section 323 . Test procedures must be reasonably designed to produce test results that measure energy efficiency, energy use, or estimated annual operating cost, and must not be unduly burdensome to conduct. Section 323(b)(3). A test procedure is not required if DOE determines by rule that one cannot be developed. Section 323(d)(1). One hundred and eighty days after a test procedure for a product is adopted

, no manufacturer may represent the energy consumption of or the cost of energy consumed by the product except as reflected in tests conducted according to the DOE procedure . Section 323(c)(2). Test procedures appear at 10 CFR part 430, subpart B. Labeling requirements are administered by the Federal Trade Commission (FTC). The Act requires fluorescent lamp ballasts , to which standards are applicable
, to display a capital letter "E" printed within a circle on the ballast and on the packaging of the ballast or on the luminaire into which the ballast has been incorporated. FTC prescribed labeling rules for ballasts on July 5. 1989. (54 FR 28031). The Department administers the conservation standards part of the Program. The Act establishes energy conservation standards for fluorescent lamp ballasts . On February 7,1989. the Department incorporated the legislated standards into 10 CFR part 430. (54 FR 0062). Section 323(b)(5) of the Act specifies that the Secretary of DOE (Secretary) shall prescribe test procedures for fluorescent lamp ballasts that are in accord with ANSI Standard C82.2-1984 or other test procedures determined appropriate by the Secretary. ANSI Standard C82.2-1984 provides methods of testing and measuring the performance of fluorescent lamp ballasts. Today' s notice proposes to incorporate by reference the test methods found in ANSI Standard 082.2- 1984. The Department also is including in the proposed test procedures a method of calculating the Ballast Efficacy Factor (BEF), the Power Factor (PF), the Estimated Annual Energy Consumption (EAEC). and the Estimated Annual Operating Cost (EAOC), which
are not found in ANSI Standard C82.2- Federal Ragiater 

## I Vol. 55. No. 43 

## I Monday, March 5, 1990 

## I Proposed Rules 

### 1719

DEPARTMENT OF ENERGY



### OffIce of ConaervaUon 

### and Renewable E

..... 

### gy


### 10 CFR hrt

### 430
(DocUt No. CE-RII-tO-102]



### ErMt'9Y Conservation Program for Consumer 

### ProckJc.ta; Test**p~** 

### for FJuoreecent Lamp 

### Ba

.... 

### ts

AGENCY: 

### Office ofConservation and Renewable Energy, Department 

### of Energy.
ACTION: Notice of**prop~** rulemaking and public hearing.

IUMIlARY:The Energy Policy and CODservation Act (EPCA), as amended by (a) the National Energy Conservation Policy Act (NECPA), (b) the National Appliance Energy Conservation Act of 1987 (NAECA), and (c) the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988),1 requires the Department ofEnergy (DOE

or Department) to administer

### an energy conservation prqgram for certain major household appliances. (NAECA 1988 added fluorescent lamp ballasta to the program'. coverage.) Among other program elements. the Act requires that standard methods oftesting be prescribed for each covered product. With respect to fluorescent lamp ballasts. the Act directs the Secretary of Energy to prescribe test procedures that

are in accord with American National Standard Institute (ANSI) Standard CSZ.2-1984.

The purpose oftoday's notice of proposed rulemaking is to request data, comments and information on the proposed test procedures for the fluorescent lamp ballast. a device which is used to start and operate fluorescent lamps.

Today's notice also announces. at the time of the final rule. (1) removal ofthe Department's rules and references concerning humidifiers and dehumidifiers; and (2) certain technical correctioM 

### to provisiona which have already been codified.
DATU: Written comments (nine copies) in response to this notice must be received by May 21. 1990; requests to speak at the public hearing must 

### be received by April 23. 1990; the public hearing 

### will be held on April2S. 1990. at 9:30 a.m. ADDRlIll1: Written comments and requests to speak at the public bearing shall 

### be sent to: U.s. Department of



### ,

I Part 8 olTiUe WolEPCA. • atIIImded. II referred to in thi. notice .1 the "Act" Part B ofTitle IU i. codiAed at 42 USc. a:st-e3Oll. Enf!l'8Y. Office ofConservation and Reoewable Energy. Hearings and Docket

.. Fluorescent Lamp Ballasts. 

### Doc::k.et No. CE-RM-90-102. Forrestal Building. 1000 Independence Avenue, SW.• Washington, DC 20585. (202) 586- 3012-

The public bearing 

### will be held at Room lE-MS. Forrestsl Building. 1000 Independence Avenue SW..

_ Washington, DC 20585. Please bring nine copies of the prepared oral testimony to the hearing. Copies ofthe transcript of the public hearing. and the public comments received. may be obtained or inspected at the DOE Freedom of Information Reading Room. Room IE100. Forrestal Building. 1000 Independence Avenue SW

.. Washington. DC.• 20585.-(202) 586-0020.

A copy ofANSI Standard C8Z.2-1984, "American National Standard for

_ Fluorescent Lamp Ballasti-Methods of Meaaurement," approved October 21, 1983. may 

### be viewed at or obtained from the DOE Freedom ofInformation Reading Room. Room 1E-190, Forreatal Building. 1000 Independence Avenue SW., Washington. DC 20585. (202) 586- 6020. and also may be obtained from ANSI. 1430 Broadway. New York, NY 10018. (212) 642-4900.

FOR FURTHER INFORMATION CONTACT: Douglass 

### S. Abramson, 

### U.S. Department

of Energy. Office ofConservation and Renewable Energy. Forrestal Building. Mail Station. CE-132, 1000 Independence Avenue SW., Washington. DC 20585. (202) 

### 586-9127

. Eugene Margolis. Esq., U.S. Department

ofEnergy. Office of General Counsel. Forrestal Building. MaitStation. GC12. 1000 Independence Avenue SW., Washington, DC 20585. (202) 586-9507 U.S. Department ofEnergy. Hearings

and Dockets. Forrestal Building. Mail Station CE-43.1. Room 6B-025, 1000 Independence Avenue SW., Washington. DC 20585. (202) 58&-3012.

.UPPLEMENTARY INFORMATION: 

### I. Background

The Energy Conservation Program for Con.umer Products (other than automobiles) (Program) was established pursuant to the Act. The thirteen

consumer products subject to this Program (covered products) include fluor,ricent lamp ball8.lts. the subject of today'. proposed rulemaking.·

• Tbe tllfrteen cov.-! product calepia ant: refrigerators. re£riaerator-I'retautn and frHmn;

room airconditioDers; central air**~tiooen** aDd central air conditionina hell pwnp.; waterhe.terw; fwmace9; dl,h",

.. herr. cloth" wa.hen: clothet dry.,.,: dIrec:t Ilea

### tiaI equiprnena: kitdtu

# fa" .DC! OVIIII: pool heeters: tel.vl,ion aela: and fluorescent /amp ball"ata. Under the Act. the Program consists essentially of three parts: testing. labeling. and Federal energy conservation standards. The Department, 

### in cOnsultation with the National Institute of Standards and Technology (NIST). (formerly the National Bureau of Standards). maintains the test procedures as appropriate for each of the covered products. Section 323. Test procedures must be reasonably designed to produce lest results that meaaure energy efficiency, energy use, or estimated annual operating cost. and must not 

### be unduly burdensome to conduct. Section 323(b)(3). A test procedure is not required ifDOE determines by rule that

one cannot be developed. Section 323{d)(l). One hundred and eighty days after a test procedure for a product is adopted, no manufacturer may represent the energy consumption of or the cost of energy consumed by the product except all reflected In tesls conducted according to the DOE procedure. Section 323(c)(2). Test procedures appear at 10 

### CPR part 430. subpart B.

Labeling requirements are administered by the Federal Trade Commission (FTC). The Act requires fluorescenllamp ballasts. to which standards are applicable. to display a capital letter "E" printed within a circle

on the ballast and on the packaging of the ballast or on the luminaire into which the ballast has been incori>onited. ITCpreScribed labeling rules for ballasts onJuly 5, 1989. (54 FR 28(31).

The Department administers the conservation standards part of the

- Program. The Act establishes energy conservation standards for fluorescent lamp ballasts. On February 7. 1989. the Department incorporated the legislated standards into 10 CFR part 430. (54 FR 1!(62).

Section 3Z3(b)(S) of the Act specifies that the Secretary ofDOE (Secretary) shall prescribe test procedures for fluorescent lamp ballasts that are in accord with ANSI Standard C82.2-1984

or other test procedures determined appropriate by the Secretary. ANSI Standard C82.2-1984 provides methods of testing and measuring the

- performance offluorescent lamp ballasts. Today'lI notice proposes to incorporate 

### by reference the test methods found in 

### ANSI Standard 

### C8.2.2- 1984. The Department also is including in the proposed test procedures a method ofcalculating the Ballast Efficacy Factor (BEF). the Power Factor (PF), the Estimated Annual Energy Consumption (EAEC). and the Estimate1i Annual Operating Cost (EAOC). which

are not found in ANSI Standard CB2.2-

### 7720 Federal Register / Vol. 55, No. 43 / Monday

, March 5

, 1990 / Proposed Rules

1984 but are needed to comply with the Act. That is because section 323(b)(3) of the Act provides that test procedures be designed to measure energy efficiency, energy use and estimated annual operating cost.
U. Discussion A. By this notice

, the Department proposes to adopt test procedures for fluorescent lamp ballasts

. These test procedures would apply to those products covered by section 325(g)(5) of the Act.



### 1. Test Procedure The Department is proposing to incorporate by reference ANSI Standard C82.2-1984, as referenced in section 323(b)(5) of the Act, as a test procedure in appendix Q to subpart B of 10 CFR part 430

. Any subsequent amendment to this standard by the standard-setting organization (ANSI) will not affect the DOE test procedures, which can be amended only by DOE. This test procedure will provide, inter alia, results suitable for determining whether the products comply with the standard levels established by the Act. The test procedure uses a reference or known ballast and a conditioned lamp, i.e., a lamp that has been operated for more than 100 hours, in a test apparatus to measure power input and light output After the reference conditions are recorded, the reference ballast is replaced by the ballast under test, and testing is repeated under the same conditions. ANSI Standard C82.2-1984 provides specific guidance on how the test is to be conducted.
2. Measures of Energy Consumption DOE in today' s notice is proposing 

### three measures of energy consumption: (a) EAOC, (b) BEF, and (c) EAEC. These measures are to be included in § 430.22(q) of 10 CFR part 430, which was established by the Department's Federal Register notice of February 7, 1989. (54 FR 6062). The EAOC

, BEF, and EAEC will provide the consumer with three means of evaluating the energy efficiency of fluorescent lamp ballasts. The Department has based the calculations of the measures of energy consumption for fluorescent lamp ballasts on the use of ANSI Standard C82.2-19$4. 

### • The EAOC is expressed in dollars per year

. It is the product of: the DOE representative unit energy cost for electricity, the input power. and the representative average use cycle. • The BEF is a ratio of relative light output to total input wattage as determined by the use of the measurement procedures in ANSI Standard C82

.2-1984. • The EAEC is expressed in kilowatthours per year. It is the product of: the input power
, and the representative average use cycle.



### 3. Power Factor The Department is proposing a method for calculating the PF as the ratio of input power divided by the product of. input voltage and input current of a fluorescent lamp ballast. This measure is to be included in § 4.3 of appendix Q. The Department has based the calculation of the PF on the use of ANSI Standard C82.2-1984. 

### 4. Representative Average Use Cycle The Department, in its attempt to establish an EAOC for fluorescent lamp ballasts, was presented with several opinions as to what should be the annual average usage pattern or hourly us&per year. The statement of Anthony J. Pucillo on behalf of the Lighting Equipment Division of the National Electrical Manufacturers Association

Maximum

% of y... _ __._ .............__..._____.__...__......._..._...._...._.....__...__.... Factor ._......_„...._ _........ _ .............. ...-...._._..___.....__.___....... ............ ._._..........

From an examination of the above usage patterns
, DOE believes that no one pattern should represent the annual operating cost of a fluorescent lamp ballast

. By establishing a unit cost of operation based on 1,000 hours of operation

, estimated annual operating cost can be calculated by multiplying 8760 100 8.7 

### 6

(NEMA) at the March 29,1988 hearing before the Subcommittee on Energy Regulation and Conservation, Committee on Energy and Natural Resources
, U.S. Senate (S. Hrg.100-588) expressed the belief that 3,380 hours was the appropriate annual use. David Goldstein representing the National Resources Defense Council (NRDC), in his prepared testimony to the Subcommittee

, assumed a 3,000 hour/ year usage cycle for commercial applications in determining the energy savings from energy efficient ballasts. Because of the various uses, residential or commercial, and the changing occupant usage pattern, the Department has considered five possible usage patterns of fluorescent lamp ballasts. They are presented below to illustrate the large degree of variation between usage patterns.
Maximum possible hours of use per year. 365 (day per year) x 24 (Hours per day)=8780 (hours per year) (1) Commercial office building: 52 (weeks per year x 5 (days per week) X 10 (hours per day)= 2800 (hours per year) (2) Commercial office building with an additional 10% of lights on all year for security/fire-safety reasons: 8760

- 2600 = 6160 (hours remaining per year) x 10%-616 (hours) + 2600 (hours)=3216 (hours per year) (3) Typical commercial business (department store
, convenience store or supermarket): department store hours 9-9=12 hours per day convenience store /supermarket hours 7-11=16 hours per day 365 (day
per year) X 14 (hours per days) 3= 5110 (hours per year) (4) Residential
, single family house: (a) 365 (days per year) X 4 (hours per day)=1460 (hours per year) (b) 365 (days per year) X 3 (hours per day)= 1095 (hours per year)

3 The 14 hours per day was derived from the average of the department store and the convinence .tore/supermarket hours of operation.

Table of usage patterns and factors based on 1000 hours

1

2600 29.6 2.8 2

3216

36.7 3.2 4b

1095 12.5 1.0



### the unit cost by a factor which represents the anticipated use of the product. The Department is interested in receiving comment on the unit cast of operation based on 1

,000 hours and seeks any, data that would support a different or singular annual use cycle, as well as any other suggested procedure for determining represntative average use cycles.
5. Number of Units to be Tested

The Act specifies that each fluorescent lamp ballast shall meet the standard

. Furthermore

, the legislative history states that the standards for

5110 58.3 5.1 4a

1460

16.6 1.5 

### 7120 Federal Register 

## I Vol. 55." No. 43 

## I**Mond~y.** March 5. 1990 

## I Proposed Rules

1984 but are needed to comply with the Act. That is because section 323(b)(3) of the Act provides that test procedures be designed to measure energy efficiency. energy use and estimated annual operating cost.


# n.**Dis~lS8ioD**

A. By this notice. the Department proposes to adopt test procedures for fluorescent lamp ballasts. These test procedures would apply to those products covered by section 325(g)(5) of the Act.

1. 

### Test Procedure

The Department is proposing to incorporate by reference ANSI Standard C82.2-1984. as referenced in section 3Z3(b}(S} ofthe Act, as a test procedure in appendix 

### Q to subpart B of 10CFR part430. Any subsequent amendment to this standard by the standard-setting organization (ANSI) will not affect the DOE test procedures. which can be amended only by DOE. This test procedure will provide. 

### interalia. results suitable for determining whether the products comply with the standard levels established by the Act.

The test procedure uses a reference or known ballast and a conditioned lamp. i.e.• a lamp that has been operated for

more than 100 hours. in a test apparatus to measure power input and light output. After the reference conditions are recorded. the reference ballast is replaced by the ballast under test, and testing is repeated under the same conditions. ANSI Standard C82.2-1984 provides specific guidance on how the test is to be conducted.

2. 

### Measures of Energy Consumption
DOE in today's notice is proposing three measures ofenergy consumption: (a) EAOC. (b) BEF. and (c) EAEC. These

measures are to be included in 

### I 430.22(q) of10 CFR part 430. which

was established by the Department's' Federal Register notice ofFebruary 7. • 1989. (54 FR 6(62). The EAOC. BEF. and EAEC will provide the consumer with three means ofevaluating the energy efficiency of fluorescent lamp ballasts. The Department haa based the calculations of the measures ofenergy consumption for fluoresce"tlamp ballasts on the use ofANSI Standard CB2.2-1984.

• The EAOC is expressed in dollars per year. It is the product of: the DOE representative unit energy cost for electricity. the input power. and the representative average use cycle.

• The BEF is a ratio ofrelative light output to total input wattage as determined by the use ofthe measurement procedures in ANSI Standard C82.2-1984.

• The EAEC is expressed in kilowatthours per year. It is the product of: the input power, and the representative average use cycle.

3. 

### PowerFactor

The Department is proposing a method for calculating the PF as the ratio ofinput power divided by the product of: input voltage and input current of a fluorescent lamp ballast. This measure is to be included in § 4.3 of appendix Q. The Department has based the calculation of the PF on the use of ANSI Standard C82.2-1984.

4. 

### RepresentativeAverage Use Cycle

The Department. in its attempt to establish anEAOC for fluorescent lamp ballasts. was presented with several opinions as to what should be the annual average usage pattern orhourly uSEfper year. The statement ofAnthony 

## J. Pucillo on behalf of the Lighting Equipment Division of the National Electrical Manufacturers Associ.ation (NEMA) at the March 29. 1988 hearing before the Subcommittee on Energy .Re,8ulation and Conservation. Committee on Energy and Natural Resources. U.S. Senate (S. Hrg. 1()()-588) expressed the belief that 3.380 hours

was the appropriate annual use. David Goldstein representing the National Resources Defense Council (NRDC). in his prepared testimony to the Subcommittee. assumed a 3.000 

### hourI
yearusage cycle for commercial applications in determining the energy savings from energy efficient ballasts.

Because of the various uses, residential or commercial. and the changing occupant usage pattern. the Department has considered five possible usage patterns offluorescent lamp ballasts. They are presented below to illustrate the large degree ofvariation**betw~en** usage patterns.

Maximum possible hours ofuse peryear: 365 (dayperyear) X 24 [Hours per day)=8760 (hours peryear) (1) Commercial office building:

52 (weeki per year X 5 [days per week) X

10 (hours per day)=2600 (hours per year) (2) Commercial office building with an additionall0'1li oflights on all year for security

### Irue-safety reasons: 8760

- 2600=6160 (hoursremainingperyeur)

X 10%-616 (hours) 

### + 2600 (hours)=3216 (hours per year)

. (3J Typical commercial business (department store. convenience store or supermarket); department store hours &-9=12 hours per

day convenience .tore/stlpermarket hours 7-11=16 hours per day 365 (day per year) X 14 (hours per days)'= 5110 (hours per year)

. (4) Residential. single family hous!!:

(a) 365 (days per year) X 4 (hours per

day} =1460 (hours per yearl (b) 365 (days per year) X 3 (hours per

day)

## =1095 (hours per year)

• The 14 hours per day wei derived from the averAge 

### or the department .tore and the con\'inence ,'ore/aupennarlcet hOUN oroperation.

Table Of usage patterns and factors bued on 1000 hours

Hrs/yr

......_ ..._ .....___..._ .........._ .......___....._.:..

....._ ....................._............._ .... 

### e7ea 100 

### e.1 2600 29.6

2.8 '% of Y.

..____ ...........................__...._._................_ ..._........._ .....__..._ ......

. Fact«

._.... ,_ .._........._ ................._ ...._._..___.....__.___.................._._........

From an examination of the above usage patterns. DOE believes that no
one pattern should represent the annual operating cost of a fluorescent lamp

. ballast. By establishing a unit cost of operation based on 1.000 hours of operation. estimated annual operating cost can be calculated by multiplying the unit cost by a factor which represents the anticipated use ofthe product. The Department is interested in receiving comment on the unit COlit of operation based on 1.000 hours and seeks any.data that would support a different or singular annual use cycle. as well 8S any other luggested procedure 2 •

3216 36.7 3.2 3

S110 58.3

5.1 1460 18.8

1.5 4b

1095 12.5

1.0

for determining represntative average
use cycles.

5. 

### NumberofUnit3 to be Tested

The Act specifies that each fluorescent lamp baJast shall meet the standard. Furthermore. the legislative history states that the standards for

### Federal aegiister / Vol. 55. No. 43 / Monday. March 5, 1990 / Proposed Rules 7721

fluorescent lamp ballasts are intended to apply to each individual ballast and implies that the sampling plans established by the Department for the other covered products in the Program do not apply to fluorescent lamp ballasts. In order to make representations of energy use or efficiency under section 323 of the Act and to certify compliance with the energy conservation standards
prom ulgated in section 325, units representative of production line units of the basic mode! must be tested. To be certain that each unit is in compliance with the standard would require the testing of every unit. The cost and time constraints with this requirement make it infeasible

. It is estimated that the industry manufactures nearly 50 million fluorescent lamp ballasts a year, with a value of $370 million

. Testing of a single ballast is estimated to cost $25.4 Requiring the testing of each ballast would more than quadruple the price of the ballast. The Department has examined sampling plans that would yield a higherlevel of confidence than the sampling plans found in the existing test procedures for covered products. Section 323(b)(3) requires that the test procedures prescribed by DOE not be unduly burdensome to conduct. DOE believes it would be unreasonable and unduly burdensome to require 

### manufacturers to test each individual unit that they produce, and further believes that was not Congress' intent. Therefore, DOE is proposing sampling provisions that are designed both to maximize the confidence with which test results of units actually tested can be applied to units of the same basic model which are not tested, and to minimize the testing burden on manufacturers. The Department is proposing a sampling plan for fluorescent lamp ballasts that is based on a 99 percent confidence level. The sampling provisions DOE is proposing today permit the testing or as few as two units for each basic model, thus minimizing the burden on manufacturers.5 The

' 'hew estimates were developed from information supplied by the El.Wrical Testing Laboratory MM). Inc.. Cortland, N.Y. Eli. is an independent testing laboratory that tests flnoxescent lamp ballasta o part of dre industry 's eartificatinn program The oertiuicaitan Program L eoaduaed by the National Electrical Manufacturers Aasodatlon

s On March 4, taw the Department proposed rules concerning sargtiing mquirenerata for the purpose of certification and srstorcetamot of the standards 153 FR 7110). (Hereafter referred to as the March proposal). NFJ.m to comment. on the March proposal. stated that it is de practice in that industry to desi{n and produce every ballast to meet performance standards. Therefore, NEI4A Department believes beltves these provisions promote the objectives of the Act, 

### Manufacturers and other interested persons are encouraged to comment on this sampling approach
, as well as the underlying assumptions.
8. Basic Model The Department is also including in today's proposed rulemaking a definition for a "Basic model" fluorescent lamp ballast in ; 430.2. This definition will separate the various types of models of fluorescent lamp ballasts by electrical characteristics, e.g., power factor, voltage, and the number and wattage of lamps they
power

. Each unit within a Basic model must have essentially the same electrical characteristics

. Furthermore. each unit within a given Basic model must not have any differing physical or functional characteristics that affect energy consumption. 9. Energy Conservation Standards Section 323(e) of the Act requires DOE to determine to what extent, if any, an amended (in this case, proposed) test procedure would alter the measured energy efficiency or measured energy use of any covered product as determined under the existing test procedure. 

### DOE is not proposing any revisions to the energy conservation standards prescribed by the Act for fluorescent lamp ballasts. DOE believes that the proposed test procedure will not alter the measured energy efficiency or

measured energy use of fluorescent lamp ballasts
, since the Department is proposing to adopt the legislated test procedure upon which the standards are based. B. By this notice DOE announces removal, at the time of the final rule, of the Department's rules and references concerning humidifiers and dehumidifiers. Although EPCA established humidifiers and dehumidifiers as covered products. NAECA 1988 excluded these appliances from the list of covered products. Therefore, the Department will remove all references to humidifiers and dehumidifiers in the final rule. Further by this notice, DOE announces corrections
, at the time of the final.tule. of the Department's definition of 'Act" and "Consumer product" as

proposed t3st baiiaata he axestpt from the ssmrpltng procedures in the March proposal. in the February 7, ism final rule. DOE rejected NEMA's proposal becas.e It could enjastlr burden marwfaetsries skew It world psaalta a sanutadurar fcr as
snout sus uw. (54 FR ao62). they appear in J 430

.2. The corrected language that will appear in the final rule is as follows: "Act" means the Energy Policy and 'Conservation Act (Public Law 94-163). • as amended by the National Energy Policy and Conservation Act (Public Law 95-619), the National Appliance Energy Conservation Act of 1987 (Public Low 100

-12), and the National Appliance Energy Conservation Amendments of 1988 (Public Law 100- 357). 

### "Consumer product" means any article (other than an automobile, as defined in section 50'1(1) of the Motor Vehicle Information and Cost Savings Act) of a type: (a) Which in operation consumes, or is designed to consume energy: and (b) Which, to any significant extent, is distributed in commerce for personal use or consumption by Individuals: without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual, except that such term includes fluorescent lamp ballasts distributed in commerce for personal or commercial use or consumption. In addition

, the Department announces corrections

, at the time of the final rule, to the definitions of "F96T12 lamp" and "Luminaire" as they appear in appendix Q to subpart B of 10 CFR part 430. The corrected language that will appear in the final rule is as follows: "F95T12lamp " means a nominal 75 watt tubular fluorescent lamp which is 96 inches in length and one and one-half inches in diameter

, and conforms to ANSI Standard C78.1-1978 (R1934). "Luminaire" means a complete lighting unit consisting of a fluorescent lamp or lamps
, together with parts designed to distribute the light, to position and protect such larips, and to connect such lamps to the power supply through the ballast. In 5 430.32(m)(1)(i)(C). Energy conservation standards and effective dates, the Department announces corrections, at the time of the final rule, to the spelling of luminaire. In 4 430.32(m)(1)(ii)(C), the Department

announces correction, at the time of the final rule, of: Two F96 12 lamps. 

### M. public Comblent °
A.' Written Comment Procedures interested persons are invited'to participate in the rulemaking by submitting data

, eomments,,or information with respect to the proposed test procedure set forth in this notice to 

### Fed

.. al Regi.ster 

## I Vol. 55. No. 43 

## I Monday, March 5. 1990 

## I Propo$ed 

### Rules 

# ml

fluorescent lamp ball&atJ Ilre 

### intended
to apply to each individual ballut and implies that 

### the samplingplans established by the Department for the other covered

### product. in

### the Program do not apply to fluore.cent lamp ballasts.



### In order to make representations of energy use or efficiency under section 323 

### Qf the Act and to certify compliance with the energy conservation standards promulgated in section 325, units representative ofproduction line unitS of the basic model must be tested. To be certain that each unit is In compliance with the standard would require the testing ofevery unit, The cost and time constraints with this requirement make it infeasible. 

### Itis estimated that the industry manuCactu1'es nearly 50 million fluorescent lamp ballasts a year. with a value of$370 million. Testing ofa single ballast is estimated to cost $25.· Requiring the testing ofeach ballast would more than quadruple the price of the ballast. The Department has examined sampling plans that would yield a higher·level ofcoqfidence than the sampling plans found in the existing test procedures for covered products.

Section 323(b}(3) requires that the test procedures prescribed by DOE not be unduly burdensome to conduct. DOE believes it would be unreasonable and unduly burdensome to require manufacturers to test each individual unit that they produce. and further

, believes that was not Congress'intent. Therefore. DOE is proposing sampling provisions that are designed 

### both to mallimize the confidence with which test results ofunils actually tesled can be applied to units ofthe ssme basic model 

### which are not lested. and to minimize the 

### testing burden on manufacturers.

The Department is proposing a st1mpling plan for fluorescent lamp ballssl$ 

### that is based on a gg percent confidence leveL The I8mpling proviaions DOE iI propoaing today permit the testing Dr as few III two units for each basicmodel. thus minimizing the burden on manufacturers.Ii The

• ThoNe ..uraallli

_,. cIneIoped from Information aupplied by the £1.C1ricaI Te.liDg Laboratory {En.). Inc

.. Cortland. N.Y. En. Is an Independent IHtinglabor.lary th.1 lutSl!lIllnO.oen1 !limp t.lluta

..part 

### m the indul1r)l" artification Jiroaram The oertllica1lori prosMImu CGIIduC1e4 by the NatloMl Elecl.riul Manld'acturata AIIod.lion (ND.!J\).

• On MM'Cb <t••-. Ike Depm!nent**~** NIH concemilll NlllPm. nqWre

....for !be purpoae IIIQUtifw:ation aDd

__ I Q(the
at""dard. (53 FR 7110), (Herearter**reIe~** to a. the March propoal). N!MA.tn ClJll\lllenta 011 the Mllrch propoAlatated duM II lilliepnctioc intbat indumy m dflIrip ad**~** I!ftl)balla,. to meel performanu Itlndanll.Therer_ NWA Department believea belive. thee.e provi.ion. promote 

### tire Qbjectives 

### ofthe Act.

Nanu£ilcturers and other interuted persons are encouraged to comment on this .amplingapproach.

.. well aa the underlying IIlIIumptions. 

### 8. Basic

### ModeJ

The Department

## a also incladine 

### in today's proposed rulemaking a definition for a "Basic model" fluorescent lamp ballast 

### in 1430.2. This definition willseparste the varioua 

### types ofmodels offluorescent lamp ballasts

### by electrical characteristics, e.g., power factor. voltage, and the number and wattage of lamps they power. Each unit within a Basic model must have essentially the same electrical characteristics. Furthermore. each 

### unit within a given Basic model must not have any differing physical or functional characteristics that affect energy consumption. 

### 7. Energy Conservation Standards

Section 323(e) ofthe Act requires DOE to determine to whatextent. 

### ifany, an amended (in this case. proposed) test procedure would alter the measured energy efficiency or measured energy
use of any covered product as determined under the existing test procedlL"e.

DOE is not proposing a.'y revisions to the energy conservation standards prescribed 

### by the Act for fluorescent

-lamp ballasts. DOE believes that the proposed test procedure will not alter the measured energy efficiency or measu."ed energy use offluorescent lamp ballasts. since the Department is proposing to adopt the legislated test procedure upon which the standards are based.

B. By this notice DOE aMounces removal. at the time ofthe final rule. of the Department's rules and references concerninghumidifiers and dehumidifiers. Although EPCA established humidifiers and

. dehumidifiers as covered products, NAECA 1988 excluded theBe appliances from the list ofcovered products. Therefore. the Department will remove all references to humidifiers and dehumidifiers in the fmal rule.

Further 

### by this notice. DOE

announces correctioo•• at the time ofthe finaJ.twe. of the Department's defInition of rl Act" and "Consumerproduct" a. they appear in 1430.2. The corrected language that will appear in the final rule is at! followa:

"Act" means 

### the Energy Policy and

.ConiervatiooAct 

### (Public Law 94-163).

.as amended 

### by 

### the National Energy Policy and ConservationAct (Public 

### Law**9~19).** 

### the National Appliance Energy Conlervation Act of1981 (Public Law**1~12).** 

### and the National Appliance Eoergy Conservation AmendmentJ of 1988 (Public Law 100- 357).

"Consumer product" means any

, article (otherthan an au'tomobile. as

defined in section 501(1) ofthe Motor Vehicle Information and Cost Savings Act} 

### oCa type:

(a) Which in operation consumes. or is designed to consume eneTil': end

(bl Which. to any significant extent. is distributed 

### in commerce for personal

use orcomumption by individuals; without regard to whether such article of such type is In fact distributed in

commerce for personal use or consumptionby an Individual. except that such term includesfluorescent lamp ballasts distributed in commerce for personal or commercial use or consumption.



### In addition. the Department aMounces corrections, at the time of the final rule. to the definitions of "F96T12 lamp" and "Luminaire" a8 they appear in appendix 

### Qto subpart B 0[.10 

## eFR part 430. The corrected language that will appear in the final rule is as follows:



### "'F'9ST12 lamp" means a nominal 75 watt tubularfluorescent lamp which i8 96 inches in length and one and one-half inches 

### in diameter. and COI"Jorms to 

### ANSI Standard C78.1-19i6 

### (R1934).

"Luminaire"means a cpmp!ete lighting unit consisting of a fluorescent lamp orlamps. together witb parts designed to diatribute the light. to position and protect such lamps. and to COMect such lamps to the power .upply through the ballast.



### In 

### I 430.32(m)(1)(i)(C). Energy conaervation standard. and effective dates. the Department announces corrections. at the time ofthe fmal rule. to the spelling ofluminaire. 

### In 

### I 430.32{m){1}(ii)(C). the Department

announces correction. at the time ofthe final role. of: Two F96T12 lamps. 

# m. Public Coauneat


### A.'Wn'tten 

### CommentProcedures

Interetled penons are invited'lO participate in 

### the ruiemaJdngby lubmittina 

### data, commentJ.,or information 

### with respect to the proposed 

### telt prooedw-e let 

### forth in 

### thl. notice to

### 7722 Federal Register I Vol. 55, No. 43 / Monday, March S. 1990 [Proposed Rules

the address indicated at the beginning of the notice. Submittals should be identified on the outside of the envelope and on documents submitted to DOE with the designation " Fluorescent Lamp Ballast Test Procedures, Docket No. CE-RM-90- 102." Nine (9) copies are requested to be submitted. All submittals received by the date specified at the beginning of this notice will be considered by DOE before final action is taken on the proposed regulations. Pursuant to the provisions of i0 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 8 copies, if possible, from which the information believed to be confidential has been deleted. DOE will make its own determination with regard to the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating 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 of information have been treated by the submitting party as confidential, and 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 confi

### dentiality; (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 beginning of this notice. DOE 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 the proposed test procedure, to make a request for an opportunity to make an oral presentation. Such requests should be directed to the address indicated at the beginning of this notice. Requests may be hand delivered to such address between the hours of 9 a

.m. and 4 p.m., 

### Monday through Friday. Requests should be labeled "Fluorescent Lamp Ballast Test Procedures, Docket No. CERM-90-102" 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. Each person to be heard shall submit nine (9) copies of his or her statement at the hearing. In the event any person wishing to testify cannot meet this requirement, requests for alternative arrangements can be made with the Office of Hearings and Dockets in advance of the hearing by so indicating in the letter requesting permission to make an oral presentation.
2. Conduct of Hearing DOE reserves the right to select the persons to be heard at this hearing, to schedule the respective presentations, and to establish the procedures governing the conduct of the hearing. Each presentation shall be limited to 20 minutes. A DOE official will be designated to preside 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. 553 and section 336 of the Act. At the conclusion of all initial oral statements, each person who has made an oral statement will be given the opportunity to make a rebuttal statement. The rebuttal statements will be subject to time limitations to be established by the designated hearing official. 

### An'y interested person who wishes to ask a question at the hearing may submit the question. in writing, to the presiding officer to be asked of any person making a statement at the hearing. The presiding officer will determine whether the question is relevant and whether time limitations permit it to be presented for an answer. A transcript of the hearing will be made and the entire record of the hearing, including the Iranscript, will be retained by DOE and made available for inspection at the DOE Freedom of Information Reading Room. Room IE190. Forrestal Building, 1000 Independence Avenue SW., Washington. DC, between the hours of 8:30 a.m. and 4 p.m., Monday through Friday. For information concerning the availability of records at the Freedom of Information Reading Room, call (202) 586-6020

. In addition
, any person may purchase a copy of the hearing transcript from the reporter.

IV. Environmental Review
Pursuant to section 7(c)(2) of the Federal Energy Administration Act of 1974 (FEAA) (Public Law 93-275). a copy of this notice has been submitted to the Administrator of the Environmental Protection Agency for his comments concerning the impact of this proposal on the quality of the environment. Since test procedures under the Program will be used only to standardize the measurement of energy
usage, and will not affect the quality or distribution of energy usage

, prescribing test procedures will not result in any environmental impacts. DOE, therefore, has determined that prescribing test procedures under the Program is not a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969

. Consequently
, neither an Environmental Impact Statement nor an Environmental Assessment is required for the proposed rule.

V. Review Under Executive Order 12291
The proposed rule has been reviewed in accordance with Executive Order 12291 (48 FR 13193, February 19, 1981) which directs that all regulations achieve their intended goals without imposing unnecessary burdens on the
economy, on individuals, on public or private organizations

, or on State and local governments. Executive Order 12291 also requires that regulatory impact analyses be prepared for "major rules," which it defines as any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more: (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based enterprises to compete with foreignbased enterprises in domestic or export markets. 

### The proposed rule would establish test procedures for fluorescent lamp ballasts. DOE has determined that any burden imposed on any person. Industry or government entity by the - establishment of these test procedures: based In part on commercial standards, is not significant enough to bring the proposed rule within the definition of "major rule." 

### 7122 

### Federal Register 

## I Vol. 55. No. 43 / Monday. March 5. 1990 /. Proposed Rules

the address indicated at the beginning of the notice.

Submittals should be identified on the outside ofthe envelope and on documents submitted to DOE with the designation "Fluorescent Lamp Ballast Test Procedures. Docket No. CE-RM-90- 102." Nine (9) copies are requested to be submitted. All submittals received by the date specified at the beginning of this notice will be considered by DOE before final action is taken on the proposed regulations.

Purs\lant 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 8 copies. if possible. from which the information believed to be confidential has been deleted. DOE will make its

own determination with regard to the confidential status of the information and treat it according to its determination.

Factors ofinterest to DOE when

.evaluating 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 of information have been treated by the submitting party as confidential. and 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 be.en 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.
8. Public Hearing
1. Procedures for Submitting Requests to Speak

.

The time and place of the public hearing are indicated at the beginning of this notice. DOE invites any person who has an interest in today's proposed rule.

or who is a representative ofa group or class ofpersons that has an interest in 

### the proposed test procedure. to make a request for an opportunity to make an oral presentation. Such requests should be directed to the address indicated at the beginning of this notice. Requestl may be hand delivered to such address between the hours of9 a.m. and 4 p.m.. Monday through Friday. Requesta

. should be labeled "Fluorescent Lamp Ballast Test Procedures. Docket No. 

### CERM-90-102" 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 ofa group or elas. ofpersons that have such

an interest. is an appropriate ,-- spokesperson. and give a tel'phone number where he or she may be contacted.

Each person to be heard shall submit nine (9) copies ofhis orher statement at the hearing.

In the event any person wishing to testify cannot meet thi. requirement. requests for alternative arrangementa

can be made with the Office ofHearings and Dockets in advance ofthe hearing by so indicating in the letter requesting permission to make an oral presentation. • 2. Conduct ofHearing

DOE reserves the right to select the persons to be heard at this hearing, to schedule the respective presentation •• and to establish the procedure. governing the conduct of the hearing. Each presentation shall be limited to 20 minutes.

A DOE official will be designated to preside 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. 553 and section 336 of the Act. At the conclusion of all initial oral statements. each person who has made an oral statement will be given the opportunity to make a rebuttal statement. The rebuttal statements will be subject to time limitations to be established by the designated hearing official.

An·y 

### interested person who wishes to ask a question at the hearing may submit the question. In writing. 

### to the presiding officer to be asked ofany person making a statement at the hearing. The presiding officer will determine whether the question i. relevant and whether time limitations permit it 

### to be presented for an answer.

A transcript of the hearing will be made and the entire record ofthe hearing. including theiranscript. will be retained by DOE and made available for inspection at the DOE Freedom of Information Reading Room. Room 1E190. Forrestal Building. 1000 Independence Avenue SW.• Washington. 

### DC. between the hours of 8:30 a.m. and 4 p.m.• Monday through

, Friday. For information concerning 

### the availability ofrecords at the Freedom of Information Reading Room. call (202) sa&-e02O. 

### In addition. any person may purchase a copy ofthe hearing transcript from the reporter.

• IV. Environmental Review

Punuant to section 7(C}{2J ofthe Federal Energy Administration Act of 1974 (FEAA) (Public Law 93-275). a copy of this notice has been submitted to the Administrator of the Environmental Protection Agency for his commenta concerning the impact of this proposal

on the quality of the environment.

Since test procedures under the Program will be used only to standardize the measurement ofenergy usage. and will not affect the quality or distribution ofenergy usage. prescribing test procedures will not result in any environmental impacta. DOE. therefore. has determined that prescribing test procedures under the Program is not a major Federal action significantly affecting the quality ofthe human environment within the mee.ning ofthe National Environmental Policy Act of 1969. Consequently.'neither an Environmental Impact Statement nor an Environmental Assessment is required for the proposed rule.

V. Review Under Executive Order l2291

The proposed rule has been reviewed in accordance with Executive Order 12291 (46 FR 13193. February 19. 1981) which directa that all regulations achieve their intended goals without imposing unnecessary burdens on the economy. on individuals. on public or private organizations. or on State and local governments. Executive Order 12291 also requires that regulatory impact analyses be prepared for "major rules." which it

### defines aa any regulation that is likely to result in: (1) An 

### annual effect on the economy of$100

. million or more: (2) a major increase in costs or prices for consumers. individual industries. Federal. State. or local government agencies. or geographic regions; or (3) significant adverse effectll

on competition. employment. inve!ltment. productivity. Innovation. or
on the ability ofthe United States-based enterprises to compete with foreignbased enterprises in domestic orexport markets.

The proposed rule would establish test procedures for fluorescent lamp ballasts. DOE haa determined that any burden impoled OD 

### any person. industry

orgovernment entityby 

### tIut establishmentofthese test procedure.,,' baaed in part on commercial atandarda. ' is not significant enough to bring the proposed rule within the definition of "major rule."

### Federal Register / Vol. 55, No. 43 / Monday, March 5, 1990 / Proposed Rules

In accordance with section 3(c)(3) of Executive Order 12291, which applies to rules other than major rules, the proposed rule was submitted to the Office of Management and Budget (OMB) for review without a regulatory impact analysis. This rule has been reviewed by OMB in accordance with the procedures applicable to rules other than major rules. VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (Public law 96

-345), (5 U.S.C. 801-812), requires that an agency prepare an initial regulatory flexibility analysis to 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 significant economic impact on a substantial number of small entities ." The proposed rule affects manufacturers of fluorescent lamp ballasts. As previously discussed, the test procedure would not have significant economic impact
, but rather would simply provide a common testing method. Therefore, DOE certifies that the proposed rule, if promulgated, would not have a "significant economic impact on a substantial number of small entities."


### VU. Federalism Review
Executive Order 12612 (52 FR 41685, October 30, 1987) requires that regulations or rules be reviewed for any substantial direct effects on States, on the relationship between the national government and the States

, or on the distribution of power and responsibilities among various levels of government. If there are sufficient substantial direct effects, then Executive Order 12812 requires preparation of a federalism assessment to be used in all decisions involved in promulgating such a regulation or rule. DOE has identified a substantial direct effect that today's proposed rule would have on State governments. It would initially preempt inconsistent State regulations

. However

, DOE has concluded that the initially preemptive effect is not sufficient to warrant preparation of a federalism assessment for the following reason: the Act provides for subsequent State petitions for exemption

, which necessarily means that the determination as to whether a State law prevails must be made on a

case

-by-case basis using criteria set forth in the Act. When DOE receives such a petition. it will then be appropriate to consider preparing a federalism assessment consistent with the criteria in the Act. VIII. "Takings" Assessment Review Executive Order 12630 (53 FR 8859, March 18, 1988) directs that, in proposing a regulation, an agency conduct a "takings" review. Such a review is intended to assist agencies in avoiding unnecessary takings which might require compensation under the Fifth Amendment to the United States Constitution. For purposes of Executive Order 12630, "policies that have takings implications" refers to Federal regulations, proposed Federal regulations, proposed Federal legislation, comments on proposed Federal legislation, or other Federal policy statements that, if implemented or enacted, could effect a taking, such as rules and regulations that propose or implement licensing, permitting, or other condition requirements or limitations on private property use, or that require dedications or exactions from owners of private property. The test procedure proposed today is required by the Act and will substantially advance the statutory objective of promoting appliance energy efficiency through dissemination of better information in the marketplace. Moreover, the proposed test procedure would have minimal economic impact on manufacturers. Therefore, the Department believes that the establishment of fluorescent lamp ballast test procedures as part of the Program does not represent a "taking" under the provisions of Executive Order 12830 cited above.


### IX. Review Under Section 32 of the FEAA The test procedures proposed today incorporate the commercial standard to measure the efficiency and capacity of fluorescent lamp ballasts. The commercial standard is ANSI Standard C82.2-1984. Pursuant to section 301 of the Department of Energy Organization Act (Public Law 95-91), DOE is required to comply with section 32 of the FEAA, as amended by section 9 of the Federal Energy Administration Authorization Act of 1977 (Public Law 95-70). 

### The findings required of DOE by section 32 serve to alert the public and DOE regarding the use and background of conupercial standards in a proposal and, through the rulemaking process, allow interested persons to make known their views regarding the ' appropriateness of the use of any particular commercial standard in a proposed rulemaking.. DOE has evaluated ANSI Standard 082.2-1984 with regard to compliance with section 32(b). It is the judgment of 

### 7723

DOE that this standard may not fully comply with the requirements of section 32(b), in that this standard may not have been developed in a manner which fully provided for public participation, comment
, and review. As required by section 32(c), DOE will consult with the Attorney General and the Chairman of the Federal Trade Commission concerning the impact of this standard on competition , prior to prescribing final test procedures. List of Subjects in 10 CFR Part 430 Administrative practice and procedure, Energy conservation, Household appliances, Incorporation by reference. In consideration of the foregoing, it is proposed to amend part 430 of chapter II of title 10, Code of Federal Regulations, as set forth below. 

### Issued in Washington. DC, February 20, 1990. 1. Michael Davis, Assistant Secretary, Conservation and Renewable Energy.


### PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
1. The authority citation for part 430 continues to read as follows: Authority: Energy Policy and Conservation Act. Title III, Part B

. as amended by National Energy Conservation Policy Act, Title IV, Part 2, by the National Appliance Energy Conservation Act of 1987, and by the National Appliance Energy Conservation Amendments of 1988 (42 U.S.C. 6291-8309).

2. Section 430.2 is amended by adding a "Basic model" definition for fluorescent lamp ballasts, as follows:

430.2 Deflnitiotts.



### "Basic model"

. (16) With respect to fluorescent lamp ballasts, which have electrical characteristics which are essentially Identical and which do not have any differing physical or functional characteristics that affect energy consumption.

3. Section 430.22 is amended by adding new paragraph (q) as follows: { 410.22 Test procedures for measures of energy consumption.



### . . * (q) Fluorescent Lamp Ballasts. (1) The estimated annual operating cost for fluorescent lamp ballasts, expressed in dollars per year, shall be the product of-

.1 

### Federal Register 

# I Vol. 55, No. 43 

# I Monday. March 5, 1990 

# I Proposed Rules 7723

In accordance with aection 3(c)(3) of Executive Order 12291. which applies to rules other than majorrules. the proposed rule was submitted to the Office ofManagement and Budget (OMB) for review without a regulatory impact analysis. This rule has been reviewed by OMB in 

### accordance with the**p~dures** 

### applicable to rules other than majorrules.


### VI. Regulatory Flexibility

## Act

The Regulatory Flexibility Act (Public Law 96-345). (5 U.S.C.**601~12),** 

### requires that an agency prepare an initial regulatory flexibility analysis to 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 significant economic impact on a substantial number of small entities." The proposed rule affects manufacturers offluorescent lamp ballasts. As previously discussed, the test procedure would not have significant economic impact. but rather would simply provide a common testing method. Therefore. DOE certifies that the proposed rule. ifpromulgated. would not have a "significant economic impact

on a substantial number ofsmall entities."


# vn. Federalism Review

Executive Order 12612 (52 FR 41685. October 30.1987) requires that regulations or rules be reviewed for any substantial direct effects on States. on the relationahip between the national government and the States, or on the distribution ofpower and responsibilities among various levels of government. 

### Hthere are sufficient substantial direct effects, then Executive Order 12612 requires preparation of a federalism assessment to be used in all decisions involvedin promulgating such

a regulation orrule.

DOE has identified a substantial direct effect that today's proposed rule would have on State governments. 

### It would initially preempt inconsistent State regulations. However. DOE has concluded that the initially preemptive effect Is not sufficient to warrant preparation ofa federalism assessment for the following reason: the Act provides for lubsequent Statepetitions for exemption, which necessarily means that the determination al to whether a State law prevails must be made on a caae·by·case basis using criteria set forth In 

### the Act. When DOE receives
IUch 

### a petition. 

### It will then 

### be appropriate to consider preparing a . federaliam assessment consistent with the criteria in the Act. 

## vrn. "TakiDp"Auessmenl Review
Executive Order 12630 (53 FR 8859. March 18. 

### 1988J directs that. in proposing a regulation. an agency .conduct a "takings" review. Such a review is intended to Blsist agencies In 

### avoiding unnecessary takings which might require compensation under the Fifth Amendment to the United States Constitution. For purposes ofExecutive Order 12630, "policies that have takings implications" refers to Federal regulations. proposed Federal regulations. proposed Federal legislation. comments on proposed Federallegjslation. or otherFederal policy statements that. 

### Ifimplemented

or enacted. could effect a taking, such as rules and regulations that propose or implement licensing. permitting. or other condition requirements or limitations on private property use. or that require dedications or exactions from owners of private property.

The test procedure proposed today is required by the Act and will substantially advance the statutory objective ofpromoting appliance energy effiCiency through dissemination of betterj.nIormation in the marketplace. Moreover. the proposed test procedure would have minimal economic impact

on manufacturers. Therefore. the Departmentbelieves that the establishment offluorescent lamp baUast test procedures as part ofthe Program does not represent a "taking" under the provisions ofExecutive Order 12630 cited above.
IX. Review Under Section 32 ofthe FEAA



### The test procedures proposed today incorporate the commercial standard to

measure the efficiency and capacity of fluorescent lamp ballasts. The commercial standard is ANSI Standard C82.2-1984.

Pursuant to section 301 ofthe Department ofEnergy Organization Act (Public Law 

### 95-91). DOE is required to comply with section 32 ofthe 

### FEAA. as amended by section 9 of the Federal Energy Administration AuthoriUltion Act of 1971 (Public Law**9~70).**



### The findings required ofDOE by .ection 32 serve to alert the public and DOE regarding the use and background ofcol11.lJtercialatandarda in a proposal and. tHrough the rulemaking process. allow interested persons to make known their views regarding the • appropriatenells ofthe use ofany pBrticular·commercialltandard in a proposed rulemaking

..

DOE has evaluated ANSI Standard C82.2-1984 with regard to compliance with lection 32(b).lt is thejudgment of DOE that this standard may not fully comply with the requirements of section 32(b), in that this standard may not have been developed in a manner which fully provided for public participation. comment, and review.

As required by section 32(c). DOE will consult with the Attorney General and the Chairman ofthe Federal Trade Commission concerning the impact of this standard on competition. prior to prescribing final test procedures.

Ust ofSubjects 

### In 10 CFR Part 430

Administrative practice and procedure. Energy conservation, Household appliances, Incorporation by reference.

In consideration of the foregoing. it 

### is proposed to amend part 430 ofchapter II 

### oftitle 10. Code ofFederal Regulations.

as lIet forth below.

Issued in 

### Walhington. DC. February 20. 1990. 

### J. Michael Da\ia. 

### AssistantSecretary. Conservation and RenewableEnergy.



### PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1. The authority citation for part 430 continues to read 8S follows:

Authority: Enel'8Y Policy and Conservation Act. Title W. Pari B. 

# a. amended by National Enel'8Y Conservation Policy Act. Title IV. Part 2. by the National Appliance Enel'8Y Conservation Act of1987. and by the National Appliance Enel'8Y Conservation Amendmenta of 1988 (42 U.s.c. 6291-63(9).

2.. 

### Section 430.2 is amended by adding

a "B8Slc model" deflDition for fluorescent lamp ballast8. a8 follows:

1430.2 DeflnltloM. 

## • • 

## • • •

''Basic model"


## • • 

## •

(16) With rellpect to fluorescent lamp ballasts. which have electrical characteristics which are essentially identical and which do not have any differing physical orfunctional characteristica that affect energy consumption. 

## • •

3. Section 430.22 is amended by adding new paragraph (q) 88 

### follows:
,430.22 TMt**~** for meuunHI of enervY conaumptIon. 

## • • * (q) 

### FluorescentLampBallasts. (1) The estimated annual operating cost for nuorelcent lamp**ballas~8.** 

### expressed in dollars peryear. shall be the product of:



# ...

### 7724 Federal Register / Vol 56, No. 43 / Monday. March 5, 290 /'Proposed R3r

(i) the representative average tarot 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 as determined in accordance with 3

.3.1 of Appendix Q to this subpart, the resulting product then being rounded off to the nearest dollar per year. 

### (2) Ballast Efficacy Factor (BEF) shall be as determined in i 4

.2 of appendix Q of this subpart. (3) The estimated annual energy consumption for fluorescent lamp ballasts, expressed in kilowatt

-hours per year, shall be the product of (i) the input power in kilowatts as determieed in accordance with 3 .3.1 of Appendix Q to this subpart

, and (ii) the representative average use cycle of 1,000 hours per
year, the resulting product then being rounded off to the nearest kilowatt-hoer
per year. 

### (4) Other useful measures which may be applicable. (Reserved)

4. Section 430.23 is amended by adding new paragraph (q) as follows:
§ 430.23 Untla is to 1taltd.

(q)(1) For each basic model of fluorescent lamp ballasts

, as defined in paragraph (16) of 5 430

.2, a sample of sufficient size shall be tested to insure that- 

### (i) Any represented value of estimated annual energy operating costs

, energy consumption or other measure of energy consumption of a basic model for whist

consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 99 percent confidence limit of the true mean divided by 1.01, and (ii) Any represented value of the ballast efficacy factor or other measure of the energy consumption of a basic . model for which consumers would favor a higher value shaft be no greater than the lower of (A). the mom of the sample or (B) the lower 99 percent confideecie limit of the true mean divided by 11.99.

5. Subpart B of part 4311, appen&x Q, is amended by adding sections 2, 3, and 4 as follows:
Appendix Q to Subpart D of Part 430-- Uniform Test Method for Measuring the Energy Consumption .f Fluorsscenh Lamp Ballasts

2. Test Conditiomn Establish t!w teat conditions described in sections 4, 3 5, 7, and 21 of ANSI Standard C82.2-1984. 3. Test Method andAfeasurements. . 3.1 The teat method for testing fuoresceet lamp ballasts shall be done in accordance with the Americas National Standard Institute (ANSI) Standard C82.22-1994, "American National Standard for Fluorescent Lamp Ballasts-Methods of Mesa»temeet approved October 2L 196& This incorporation by reference was approved by the Director of the Federal Regiatsr in

accordance with 5 U.S.C. 552(s) and 2 Part 5L Copies may be inspected at the Department of Energy

, Freedom d 7 Information Reading Rona, Room 1$-%9R Fluorescent Lamp Ballasts

, Dodett No. CERM-89

-102, 1000 Independence Avenue, SW. Washington

. DC 20685 or at the Office at the Federal Resister

. 1100 L Street NW., Room 8401, Washington DC. Any subsequentamendment to this standard by the standardsetting organization will not affect the DOE test procedures unless and until amended by DCM 3.2 Instrumentation

. The instrumentation shall be as specified by sections 8.9. 20.11 12.19

.1. and 23.2 of ANSI Standard 082.2- 1981 3.3 Electric Supply. 3.3.1 Input Power. Measure the input
power (watts) to the ballast in accordance with ANSI Standard C82.2-19111
, sections 3.2.1 (3) and 4. 3.3.2 frost Voltorm Measure the input voltage (volts) to the ballast at accordance with ANM Standard C'82.2-i9e4, sections 3.2.1 (1)and4 3.3.3 Input Cane t Itfeasare the input
current (amps) to the ballast In accordance with ANSI Standard C82.2-1914

, sections 3.2.I (2) sod 4. 3.4 Light Output. 3.4.1 Measure the light output of the reference lamp with the reference ballast in accordance with ANSI 3taudi d C82.2-19tri, section 18. 3.4.2 Measure the light output of the reference lamp with the test ballast is accordance with ANSI Standard 0822 -1 14. section 16. 4. Colculatiars. 4.1 Calculate relative light output, relative =Phakwwl/ orrtprt a► f trip on hat ballast x us light output Photocell eutput of lamp on vet ballast Where: photocell output of lamp on ref

. ballast is determined in accordance with section 3.4.2. expressed in watts, and photocell output of lamp as ref. ballast I. deters ed is accordance with service 3.4.2. expressed in waft 4.2 Determine the Ballast Efficacy Factor (BEF) using the Wowing equatiom (al Single lamp ballast . average relative fight output BEF 

### inpsi power

B relative light output ^ _ input pr-ss

(b) Multiple lamp ballast Where: input power is determined In accordance. , with section 3.3.1. relative fight output as define d in section 4.1. and average relative light output is the release light output, as defined in section 4.1. for all lamps, divided by the total number of lamps. 4.3 Determine Ballast Power Factor (PFx

Input Pews. PF = input veltaga X =VIA

current

Where: Input power is as deleted in section 3.3.1, Input voltage is leiermined in accordance with section 3.32. expressed in volts, and Input curmt is detested in accordance with section 3.3.3 expressed is snips (FR Doc. 90-4956 Filed 3-2-90; &45 am) stt.uao Cam[ saa.or-u 

### Federal Regialar / Vol 55. No. 43 

# I Monday, March 5. 

### 199ft 

## I

# iPropoaed

# ~

(i) the representative average

# wI

energy cast ofelectricity 

### in doJl.a.n 

### per kilowatt-hour aa provided 

### by the Secretary. 

### (iil the representative averase
use cycle of 1.000

### hours per year, 

### and (iii) the input power 

### in kilowatts 

## u determined 

### in accordance with 3.3.1 or

. Appendix 

### Q 

### to this subpart. 

### the reaultina product then beins rounded offto 

### the
nearest donar peryear.

(2) Ballast Efficacy Factor (BEF) ahall be as determined 

### in 

### I f...2 ofappendix 

### Q of this rubpart.

(3) 

### The estimated annual e'llelV consumptioo for fluDreace.nt 

### lamp ballasts. eXPf'esaed in ldlowatt-hounper year. shall

### be 

### the product 

### of: (i) the inpm power inkilowatts as determiend 

### iA accordance with 3.3.1 ofAppendix 

### Q to this subpart, and (ii) the representative average use cycle of

### 1.000 hours pel' year. the resulting product theft 

## beins rounded offto the nearest

### kilowatt-hoa.r per year.

(4) Otheruseful measures which may be applicable. (Resen'ed) 

## • 

## • 4. Section 430.23 is ameaded 

### by adding new paragr.aph (q} 

### a.a**foll.ow~** § 430.23 Un

....be

....... 

## • • (ql(l) For 

### each. basic model of fluorescent lamp banaata. as 

### defined ia. paragraph (16) of § 430..2, 

### a sample 

### of sufficiem size shan 

### be

### te\tted to insure that-

(i) Any represexrted value 

### ofestimated annual energy operatiDg costs. 

### energy consumptiDu or other measure ofenergy consumption of

### a basic 

### model 

### for wbida

consumers would favor lower values shan be no lesa than the higher of

### (AJ the mean ofthe sample or (BJ the upper 99 percent confidence limit oHIle true

mean divided by 1.01. 

### aDd

(ii) 

### Any represented value ofthe ballast efficacy factor or othermeasure of the energy consumption ofa basic

. model for which consumers would favor

a ltigher value shaH be DQ greater 

### dum the lower of (A). the JneIIa 

### ol

### the .ampIe

or (8) the 

# »wer 99 percetlt

### coo£id.e.ace Iimit of the true llleaJl divided by 

### CL99.



# .. .. to 5. SubpartB of

### put430, 

### appendix Q is amended by adding sectiOli8 2, 3, 

### &mil
4 as follows: Appendix 

### Qto Sttbpart B 

### ofPart 43tJUnifonn 

### TMt Merbod for 

### MeaetD'ins 

### the Energy Conswnptilm ef FWolUCl!loA Lamp 8anasts



# ..

Z. Test Conditiont. Ett.ablilla 1M !at conditions deicribed

## ua aectlona" 5.

..7

..... 21 ofANSI Standard C8U-HIM.

3. Test MethodandMecuurement6. 3.1 The teet method [or

### teltiDa nUONtC8lilt lamp ban

.. t•• han 

### be done in accordance with tIM! Americn National Stendanf Institute (ANSI) Standard CAU-1!IM. "American N.tional**~** for Flaon!tamt Lamp BIIlluta-Methoda ofMeAUNJmeM," appronclOt:tdler21. UII3.

### T!Iia incorporaticn by reR!rence 

### wu 89ProvtG

## bJ the Director oftile Federallt'llllhtill accordaDl::e with 5U.s..c. 552(a) ami t 

### CFIt Part 5L Copie. tnay be Impec:ted at dut**D~** of

### Ermu. Freedmn of /- Infonnation 

### Reed.UI« Roam. 

### Room 

### lB4aa Fluorescent Lamp BeUuta.llodtet No. CBRM-89-102. lGOO InlDpel1den£e Avene. SW. WashingtoG. DC 20585, or at the Otrla! 

### 111 tM Feder.i**~** 111» LStreft,**NW~** Room 8401, WubjnllOl1 DC. AIIy aubaequent amendment to thi8 

### .t.andard by the .taada:dsettil18 

### of8lU1l.zatlon 1IfiUIWt a.ffec;t tIw DO& tut procedW1ll unleu.11dantil 

### amended by 

### DOE.

3.2 Instrumentation. The inatrumentatiOl1 ,ball be a8 specified by aectiOlll 8. 9. to. 11- lZ. 19.1. and 23.2 ofANSI 5landard C8U1984.

3.3 E!«;lrfc Supply. 3.3.1 Input Power:. Meallum the Input power (wattl) to the baHan In aC1:Ordance widt ANSI Standard 0I%.%-191N. IIf!C1:iom 3.2.1 (3) end 4.

3.3.2 IRpfIt 

### Voll., Menure theinput vol

.. 8'1 

### fvoita} to die ballast ill ItCcordem:e with ANSI Ss.ndard C8U-1914. aectiona 3.z.1 (1) aM4.

3.3.3 Input Q:uretIL Me

....th. input
current**(~}** flo 

### !he 

### baHallt ID**~** with ANSI StaDdard CSU-1.!lIM.1eCt:Ion. 3.2.1 (Z) 

### 8.DIt t.

3.f Ligltt Otttput.. 3.4.1 Measure the light OI.Itpv.t of 1M reference lamp with the reference ballast in accordaftC'!!! with ANSI StandmtI C8%.Z-1tM. section 18.

3.U Meuwe the 

### Iisl" euAfMtf 

### 111

# u.. referem:a 

### Laona, with ilia lest ballast ia accord_wi.tk Ao'lS1 StamI.aIrd C82.2-UIIK. section 18.

4. CaJt;uJatkIM.. 4.1 Calculate relative light**outp~ relatiye=~**  avtpftIt

### fI/ Jan,p

..CM 

### lKzllmIt X 100 Ught Olltput**Photo~** ew.lplll oflamp 011 

### rtL ba11.aat**Where~** photocelt output oflamp an ref. ballast i. determined 

### maccordaru:e with section 3.4.2. exprened inwatt'll. md photocell**~** 01 lamp CIIt ref. ballat I. detirazmed" 

### accordallCS wilk aectielt 3.U.**e~** In_ttL U De1erabu!!be 8allaIt

### Ef'fiI:acJ fadcllr (BEF) 

### 1.IIi!ta the**~** flIiDaO.lIS



### E&l 5iqle lamp bellMt

.

reta!1ve light outputBBIInp

........ i

Where: input power iw determtned in accordance.
. • wi

### th teetfoft 3.3.1.

. rela!f-n fight oatput a.**~** in tectiaft

## u. ad average relative light output ia lit,

_ ... light output, 81 d.eIined in .eetioE! 4.1. for alliampt. dhided by the tots! number of 

### lam,.. 4.3 DetermiDe Ballast**~** 

### P.c.r {PF};

pp

...

Whenr: Input pOWIII' ill II defined in IH!ction 3.3.1. Inpat**~** iw ietermiaecfin accorda_ with aectl.OD 3.3.2, expre.ed ill

### v04a. arw! Inp. cutreIIt Ie detlll'llliDed isr aQXl'l'daace with tec:Uc:a 3.U. ex,rnae4

.. MIpL [FR

### Doc. 90-495& PIled 3-t-eO:**~** am)

IIIIU.MQ COOl

.....,. ...