From: Kohl, Elizabeth [Elizabeth.Kohl@hq.doe.gov] 

Sent: Friday, March 26, 2010 2:44 PM 

To: 'Donna.Kooperstein@usdoj.gov'; 'Oliver.Richard@usdoj.gov'; 

'Sheldon.Kimmel@usdoj.gov' 

Subject: DOE Section 32 letter for fluorescent lamp ballasts test procedure 

proposed rule 

Attachments: TP NOPR.pdf; DOJ Sec. 32 letter fluorescent lamp ballasts.pdf 

Good afternoon -- 

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. 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 

EERE-2009-BT-TP-0016 DOC ID 1.2.003
Department of Energy

Washington, DC 20585

March 25, 2010

The Honorable Eric H. Holder, Jr.

Attorney General

U.S. Department ofJustice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Dear Mr. Attorney General:

The Department of Energy (DOE) has issued a notice ofproposed rulemaking (NOPR) that

would amend its test procedure for fluorescent lamp ballasts, pursuant to Title III, Part A of the

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 of procedures based on the current industry standard.

Pursuant to section 301 ofthe Department ofEnergy Organization Act (Pub. 1. 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, 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 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

of Measurement."

(2) ANSI C82.1-2004, "American National Standard for Lamp Ballast - Line-Frequency

Fluorescent Lamp Ballast."

(3) ANSI C82.l1-2002, "American National Standard for Lamp Ballasts - High-frequency

Fluorescent Lamp Ballasts."

* Printed with soy ink 011 recycled p~rcr

EERE-2009-BT-TP-0016 DOC ID 1.2.003
(4) ANSI C82. I3-2002, "American National Standard for Lamp Ballasts - Definitions for

Fluorescent Lamps and Ballasts."

(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 of proposed 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, if any, 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 of the commercial standard discussed above.

Thank you for your attention to this matter. Ifmembers of your staff have any questions about

this rulemaking, they may contact Francine Pinto or Betsy Kohl of my office at (202) 586-7432.

Sincerely,

k/~ardS,Jr. Deputy General Coun el for Energy Policy

Enclosure

cc: Angela Hughes

U.S. Department ofJustice

Antitrust Division

450 5th Street, NW

Room 4708

Washington, DC 20001

EERE-2009-BT-TP-0016 DOC ID 1.2.003