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10742 Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Notices

Office of Energy Efficiency and

Renewable Energy

Voluntary Program To Provide Energy

Efficiency Information for Luminaires

AGENCY: Office of Energy Efficiency and

Renewable Energy.

ACTION: Notice of determination.

SUMMARY : The Energy Policy Act of 1992

(EPACT) requires the Secretary of

Energy to make a determination on

whether a voluntary national testing and

information program for luminaires,

developed by an appropriate

organization, meets the objectives of the

legislation. The Department of Energy

has provisionally determined that the

National Lighting Collaborative's

voluntary testing and information

program for luminaires will be

consistent with the objectives of EPACT

when it is demonstrated to the

Department that the program has been

fully implemented so that reliable and

comparative energy efficiency

information about luminaires is widely

available to luminaire purchasers. A

final determination will be made no

later than December 15, 1998.

FOR FURTHER INFORMATION CONTACT:

Barbara Twigg, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE-431, 1000 Independence Avenue,

SW., Washington, DC 20585-0121,

(202) 586-8714

Edward P. Levy, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC-72, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586-

9507

SUPPLEMENTARY INFORMATION:

1. Authority

Section 126 of the Energy Policy Act

of 1992 (EPACT), Public Law 102-486,

directed the Secretary of Energy, after

consulting with industry associations

and other interested organizations, to

provide technical and financial

assistance to support a voluntary

national testing and information

program for those types of luminaires

that are widely used, and for which

there is a potential for significant energy

savings as a result of such program. A

luminaire is a complete lighting unit

consisting of a lamp or lamps and

ballasting (when applicable), together

with the parts designed to distribute the

light, to position and protect the lamps,

and to connect the lamps to the power

supply. Under Section 126, the

voluntary program would provide

information that, when conveyed to

consumers, would enable purchasers of

the equipment to make more informed

decisions about the energy efficiency

and costs of competing products. The

voluntary program would determine the

luminaires to be covered; include

specifications for testing procedures;

and include information to be

disseminated through catalogs, trade

publications, labels, or other

mechanisms, that would allow

consumers to assess the energy

consumption and potential cost savings

of competing products. Such program

would be developed by an appropriate

organization (composed of interested

persons), according to commonly

accepted procedures for the

development of national testing

procedures and labeling programs.

EPACT requires the Secretary to make

a determination not later than three

years after the date of its enactment, as

to whether the voluntary program that

has been developed is consistent with

the objectives established for the testing

and rating of luminaires. If the Secretary

determines that the voluntary program

is not consistent with the objectives of

the legislation, within two years of such

determination the Secretary shall, after

consultation with the National Institute

of Standards and Technology, develop

test procedures for luminaires. One year

later, the Federal Trade Commission

would prescribe labeling rules.

II. Background

Since the passage of EPACT, the

Department of Energy has monitored the

efforts of interested parties to develop a

testing and information program

through the National Lighting

Collaborative (NLC or Collaborative), a

working group composed of the

National Electrical Manufacturers

Association (NEMA), the American

Lighting Association, lighting

manufacturers, environmental

organizations, designers, national

laboratories, electric utility associations,

and other lighting professionals. The

Department has provided technical and

financial assistance to the Collaborative

to help launch and publicize the

program. DOE held public meetings on

May 24, 1994, and on January 5, 1995,

to discuss the progress of the voluntary

luminaire program and the evaluation

criteria that would be considered by the

Department in making the Secretary's

determination. A June 15, 1995, Federal

Register notice announced the

Department's evaluation criteria and

requested that the Collaborative submit

a program description and status report

of the voluntary luminaire program to

the Department by July 14, 1995.

Et -OCT-clq-O0f

III. DOE Evaluation

The Collaborative submitted a

program description and accompanying

supporting materials, setting forth its

voluntary national testing and

information program for luminaires, on

September 5, 1995, following a

preliminary report submitted on August

5, 1995. Copies of both reports are

available in the DOE Freedom of

Information Reading Room, U.S.

Department of Energy, Forrestal

Building, Room lE-190, 1000

Independence Avenue, SW.,

Washington, DC, (202) 586-6020,

between the hours of 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

In carrying out its evaluation of the

NLC's program, the Department has

used the following criteria as discussed

in the June 15, 1995, Federal Register

notice: the organization and

composition of the group designing the

program; the selection of luminaires to

be covered and potential for energy

savings; the testing and rating

procedures; the effectiveness of the

program's energy efficiency information

dissemination; the extent of

manufacturer participation; the success

in publicizing the new national

program; the mechanisms for tracking

market data and luminaire efficacy; and

the plan and structure for continuing

the program and incorporating new

products. The following sections

discuss in detail whether the voluntary

luminaire program, as planned, will

satisfy the objectives of Section 126 of

EPACT.

a. Program Organization

The National Lighting Collaborative

was established by the representatives

of 23 organizations on April 14, 1992, as

a consensus organization to resolve

opinions on various aspects of lighting

policy. The Collaborative includes in its

active membership representatives from

NEMA, the American Lighting

Association, several luminaire

manufacturers, the National Institute of

Standards and Technology, the

International Association of Lighting

Designers, the Electric Power Research

Institute, the American Council for an

Energy Efficient Economy, the Alliance

to Save Energy, and Lawrence Berkeley

National Laboratory. Together, these

participants represent a broad spectrum

of opinion on lighting issues, including

the varying perspectives of both private

companies, testing and research groups,

government organizations, utilities, and

conservation and environmental groups.

The luminaire manufacturer members of

NEMA, which serves as the chair of the

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Collaborative, represent between 60 and

80 percent of the production in the

various fluorescent luminaire product

categories, and the lamp and ballast

manufacturer NEMA members represent

over 90 percent of the production of

those luminaire components. NEMA

also serves as the administrator of the

voluntary luminaire program, with

funding provided through its regular

membership dues.

The NLC solicits wide participation.

Using a mailing list of over 75

individuals and organizations in

addition to active participants, the

Collaborative has successfully instituted

a consensus-building review process

through meetings and mailings to

develop a broad-based voluntary

luminaire program. Several difficult

issues have been resolved through this

process. For example, a Market Data

Task Force was formed which resolved

differences among NLC members on the

extent of market data reporting that

would be practical. The Luminaire

Efficacy Rating (LER), the new testing

and rating method for comparing the

energy efficiency of luminaires, was

created by NEMA and approved as

NEMA Standard LE5. The Collaborative

has developed technical and policy

aspects regarding dissemination,

publicity, and tracking of the new

testing and rating program.

To date, most of the Collaborative's

work has focused on the development,

review, and enhancement of the

voluntary luminaire program. Given its

membership, structure, participation,

and consensus-building review process,

the Department believes the National

Lighting Collaborative represents a

cross-section of stakeholders, and meets

the Energy Policy Act's call for an

appropriate organization of interested

parties to develop the voluntary

luminaire program.

b. Coverage

Based on the recommendations of

participating manufacturers, the

Collaborative selected the following

categories of fluorescent luminaires for

inclusion in the voluntary program on

the basis of their widespread use and

significant potential for energy savings:

(1) Recessed Lensed 2'x4' (4 lamps); (2)

Recessed Lensed 2'x4' (3 lamps); (3)

Recessed Lensed 2'x4' (2 lamps); (4)

Recessed Parabolic Louvered 2'x4' (4

lamps); (5) Recessed Parabolic Louvered

2'x4' (3 lamps); (6) Recessed Parabolic

Louvered 2'x4' (2 lamps); (7)

Wraparound (2 and 4 lamps); (8) Strip

(1 lamp); (9) Strip (2 lamps); and (10)

Industrial (2 lamps). The NLC's program

description and status report estimates

that these luminaire categories in

aggregate represent (1) at least 80

percent of the total commercial and

industrial fluorescent luminaire sales

volume (in dollars), and (2) within each

of five fluorescent groups, I the named

products represent over 90 percent of

the fixtures in that group. Because of

their predominance in market share as

the most frequently used luminaires in

the commercial and industrial sector, it

is estimated by the NLC that the types

of luminaires in these 10 categories

operate for the most hours, thereby

offering the greatest potential for

cumulative energy savings. In addition,

the program is being expanded to

include technologies other than

fluorescent: HID industrial luminaires

and downlights will be added upon

completion and approval of NEMA

standards for testing and rating these

types of luminaires.

If, as claimed, these categories of

luminaires do comprise 80 percent of

the total fluorescent luminaire market

and show significant potential for

energy savings because of their

predominance in commercial and

industrial use, the Department believes

that their selection appears to provide a

reasonable base for the initial phase of

the program. The Department, however,

cannot fully evaluate whether the

selected luminaires are 80 percent of the

luminaire market because it has not yet

received the statistical information

requested for verification. NEMA,

however, has developed and circulated

a statistical reporting form to lighting

fixture manufacturers to verify this

information. When DOE receives the

results of this survey, it is anticipated

that the verification data will confirm

that the luminaires selected for initial

inclusion in the voluntary program are

those types that are widely used and for

which there is a potential for significant

energy savings as a result of such

program.

c. Testing and Rating

Central to the NLC's program is that

participating manufacturers will test

and rate, for energy efficiency, each type

of covered luminaire. The voluntary

program uses the "Luminaire Efficacy

Rating" (LER) as the measure of energy

efficiency for a luminaire. Under the

program, the LER of a given luminaire

is determined by applying the

calculation and testing procedures set

forth in NEMA Standards Publication

No. LE5, Procedure for Determining

Luminaire Efficacy Ratings for

Fluorescent Luminaires (NEMA

The groups are: recessed 2'x4' lensed, recessed

2'x4' louvered, plastic wraparound, strip lights, and

industrial.

Standard LE5). This approach provides

a uniform method for determining the

energy efficiency of luminaires that use

various components (lamps, ballasts,

fixtures), and for comparing different

luminaires of the same general type. In

addition, the program provides a

method for comparing the energy costs

of different luminaires.

The LER is a single figure that

expresses luminaire efficacy in lumens

per watt (the ratio of light output from

the luminaire in lumens, to the power

input to the luminaire in watts) for a

given luminaire using a specific set of

lamps (e.g., fluorescent tubes) and a

specific ballast. The LER is calculated

by the following formula:

LER=(EFFxTLLxBF)/Watts Input

where:

EFF=luminaire efficiency,

TLL=total lamp lumens,

BF=ballast factor, and

Watts Input=total wattage input to the

luminaire as measured during the

photometric test.

The TLL is the light output of the

lamps being used in the test luminaire,

as determined from a table in NEMA

Standard LE5 that lists average rated

lumens for typical fluorescent lamp

types used in a luminaire. The EFF, BF

and Watts Input are measurements by

the luminaire manufacturer conducted

during photometric tests. The EFF

represents the effect of the luminaire

being tested on the lamps' light output.

It is the ratio of the light output of the

test luminaire when operated with the

lamps being used in the test, to the light

output of the same lamps absent the

luminaire. The BF represents the effect

on lamp light output of the ballast being

used in the test luminaire. The Watts

Input is the amount of power drawn by

the luminaire in the test.2

Thus, the LER of a luminaire is the

product of the interactive effect of the

components that comprise the

luminaire-lamp(s), ballast(s), and the

fixture itself. The higher the LER, the

less energy will be used to produce a

given amount of light in equivalent

operating conditions. This metric is

flexible in that efficiency improvements

in either the lamp, ballast, or fixture can

raise the LER.

The Collaborative reported that the

selection of the Luminaire Efficacy

Rating test procedure received

consensus support within the luminaire

industry, having been balloted

according to the formal standardsmaking balloting procedures per the by2 For luminaires on which tests were completed

prior to 1993, and which were tested with F40 T12

40 watt lamps, NEMA LE5 permits the use of

specified values for ballast factor and Watts input.

EE-DET-94-001 COMMENT 19
10744 Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Notices

laws of NEMA, a review and balloting

process accredited by the American

National Standards Institute (ANSI).

The NLC program and NEMA Standard

LE5 specify that luminaire efficiency

(EFF) and wattage input shall be

determined in accordance with IESNA

LM-4 1, the Illuminating Engineering

Society of North America's fluorescent

luminaire photometric test procedure, a

standard, industry-accepted test

procedure. In addition, the ballast factor

must be determined in accordance with

ANSI C82.2, an ANSI-approved test

procedure for ballasts. Other industry

test procedures, ANSI C78.1

(Dimensional and Electrical

Characteristics of Rapid Start Type

Fluorescent Lamps) and C78.3

(Fluorescent Lamps-Instant-start and

Cold Cathode Types-Dimensional and

Electrical Characteristics), also apply.

To assure uniformity in testing, tests

must be completed in a laboratory

accredited by the National Voluntary

Laboratory Accreditation Program

(NVLAP) of the National Institute for

Standards and Technology (NIST) to

perform the following tests for

luminaires: IESNA LM-41 and IESNA

LM-46. (LM-46 concerns the testing of

HID industrial luminaires, which the

NLC program is expanding to include.)

The accreditation must be in accordance

with NIST Handbook 150-1, which

describes the accreditation program for

energy efficient lighting products. It

should be noted, as provided in Section

285.33 of Handbook 150-1, that in some

instances a laboratory will be accredited

to perform a test method but will not

have the photometric equipment

necessary to test certain of the

luminaires covered by the test method.

The laboratory will be precluded,

therefore, from testing and rating those

luminaires.

One matter not yet addressed by

either the NLC program or NEMA

Standard LE5 is the manner in which

the reliability of the LER values derived

from performing the foregoing tests is to

be adequately assured. For example, for

each luminaire rated, tested units

should be representative of those being

produced, and the test should provide a

sufficient degree of confidence that the

LER value determined will apply to

units of the tested product that are

available for sale. Such provisions

would appear necessary to assure that

the test procedures provided by the NLC

program would produce adequately

reliable information for consumers

about energy consumption and costs.

The energy cost information called for

in the program is calculated from a cost

measurement formula set forth in

NEMA Standard LE5, and adopted for

use in the voluntary program. The

calculation provides a single

comparative measure called the yearly

lighting energy cost (or yearly energy

cost of light) for the luminaire's

electricity costs (in dollars per 1,000

lumens), assuming comparable

conditions of use (3,000 annual lighting

operating hours and $0.08/KWh

electricity cost, the 1993 average

commercial sector electricity rate

specified in NEMA Standard LE5). The

yearly lighting energy cost provides a

relative comparison of annual operating

costs between luminaires. (Actual costs

depend on electricity price, operating

hours, and operating conditions). If the

light output from two luminaires being

compared is identical, the one with the

higher LER will have the lower

operating costs.

Because the Luminaire Efficacy Rating

system will provide a uniform,

comparative measure with which

consumers can assess the relative energy

consumption and potential cost savings

of alternative products, and has been

developed, as required by EPACT,

"according to commonly accepted

procedures for the development of

national testing procedures," DOE finds

that in significant respects the NLC

program satisfies the objectives of

EPACT as to the test procedures to be

included in a voluntary program for

luminaires. DOE expects that the NLC

will satisfactorily address the matter of

the reliability of test results so that the

program fully satisfies the requirements

of Section 126 of EPACT.

d. Information Program

Section 126(a) (2) (C) of EPACT states

that the program "shall include

information [about luminaires], which

may be disseminated through catalogs,

product literature, labels, or other

mechanisms, that will enable consumers

to assess the energy consumption and

potential cost savings of alternative

products." The NLC program calls for

dissemination of each luminaire's LER

and energy cost by sales catalogs and

product literature, rather than labels,

and for publicity and education

activities directed at customer/users to

inform them of the rating system. These

methods were chosen because

fluorescent luminaires are primarily

purchased by commercial and industrial

buyers based on printed specifications

in catalogs or product literature.

Lighting specifiers such as designers,

architects, electricians, or facility

managers rarely see the packaging in

which the luminaires are shipped, and

may not even see the product itself until

it is installed (if at all). By contrast, offthe-shelf purchasing is more typically

done by residential customers, who

currently constitute a small portion of

the luminaire market. Therefore, labels

on the luminaires or luminaire

packaging might be ineffective, and the

recommendation by the Collaborative

that catalog literature and other product

literature be the primary modes of

information dissemination is sound.

Since manufacturers typically reprint

their catalogs on a three-year cycle,

however, the Collaborative has agreed

that the dissemination effort could be

assisted by using other types of product

and advertising literature which are

produced more frequently, and by using

an informed sales force to promote

awareness of the new energy efficiency

information among their customers.

Several major manufacturers have

already produced such materials and

initiated sales presentations to explain

and promote the new information

system.

In addition to delineating formulas

and test procedures for calculating the

LER, NEMA Standard LE5 identifies the

information concerning each

luminaire's energy efficiency that

should be included in a manufacturer's

promotional literature and catalogs.

Furthermore, it contains a suggested

format, developed in consultation with

and adopted by the Collaborative, for

presenting that information. The format

includes the catalog number (showing

number of lamps), luminaire category,

ballast type, luminaire lumen output,

luminaire watts input, LER, yearly

lighting energy cost for comparative

purposes, and luminaire efficiency. The

LER two-letter luminaire category code

includes an "F" for fluorescent, as well

as a second letter code indicating one of

five major luminaire types. This ensures

that luminaires from categories intended

for similar design conditions will be

compared with each other, rather than

across dissimilar categories. It has also

been proposed by the International

Association of Lighting Designers

(IALD) that the NEMA Standard LE5

reporting format be modified to include

a measure for the quality of light, as

well as efficiency. The Collaborative

agreed, but since this "quality metric" is

under development by professional

committees of the IALD and the

Illuminating Engineering Society of

North America, the NEMA Standard

LE5 will at first include an

acknowledgement in the foreword that a

numerical value for lighting quality will

accompany the LER after the

development of the measure is

completed and balloted.

Based on the examples of major

manufacturer product materials

submitted thus far, the Department finds

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the presentation of the new LER rating

to be clear and well-presented overall.

Explanations of how to use the new

energy information were included in the

product materials examples, and the

LER rating number and yearly lighting

energy cost were included effectively in

photometric data sheets. One company,

however, did not include in its

descriptive product literature the letter

indicating the luminaire category,

which NEMA Standard LE5 states

should be included in promotional

materials and catalogs whenever the

LER is provided. DOE believes that

identification of the luminaire category

is essential to ensure that LER values are

compared between similar products,

and not across product types. DOE

expects to consider whether deficiencies

such as the foregoing persist when

making its final determination.

The NLC program report recognizes

that the actual efficacy for a luminaire

once in operation may differ from the

original rating as a result of a

substitution of one or more component

parts (for example, replacement lamps

or ballasts different from those for

which the luminaire was rated). The

NLC report states that manufacturers

will inform their customers, through

printed matter and other means, that a

luminaire's LER will be altered if any of

the luminaire's component parts are

changed or substituted.

In sum, the NLC program

contemplates that manufacturers will

present the LER information as befits

their own promotional styles, and that

the Collaborative will reinforce the

importance for manufacturers to include

in their materials the information

identified in NEMA Standard LE5.

Finally, with regard to the broader

publicity and education activities

directed at customer/users, the

Department believes the Collaborative

has made good progress in launching an

energy information program for

luminaires. The NLC's plan for

disseminating information on the use of

the LER system is wide-ranging,

including magazine and newsletter

articles, presentations at conferences,

networking with other organizations,

and international publicity. Major

education and sales centers for the

lighting industry are planning to

include presentations on the LER. A

NEMA Executive Roundtable meeting

with the senior executives of fixture

companies was held on August 30,

1995, to discuss the actions that are

needed in support of the voluntary

program. Presentations have also been

made at Lightfair, the largest lighting

trade show in the United States, and at

the Illuminating Engineering Society of

North America Annual Conference and

Board meeting. The NLC states that an

overview brochure on the luminaire

energy information program will be

prepared for widespread distribution by

the National Lighting Bureau/NEMA,

and articles are planned for trade

association, research, and energy

journals. The International Association

of Lighting Designers, a member of the

Collaborative, has agreed to track such

articles and press coverage. The

program states that IALD will develop a

survey on awareness of the program to

be used by manufacturers'

representatives, distributors, and

specifiers.

The Collaborative reported that the

LER program is also receiving

international attention. It is being

reviewed for adoption and expansion by

the Canadian Standards Association,

and contacts have been made with

Japanese, Australian, and New Zealand

lighting organizations.

e. Manufacturer Participation

The success of the voluntary

luminaire program will ultimately

depend on the degree of manufacturer

participation. Participating

manufacturers agree to test their

luminaires according to the procedures

set forth in NEMA Standard LE5, to

convey the resulting energy efficiency

information in a style of their own

choosing that complies with the

specifications in NEMA Standard LE5,

and to promote customer understanding

of the new information program. As a

first step in assessing the level of

participation, the Collaborative has

proposed that 25 percent of the

industry-wide shipments (measured in

dollars) of the products covered by the

voluntary program will have energy

efficiency information published in the

supporting sales literature by one year

from the date of publication of the

Department's June 15, 1995, Federal

Register notice outlining the evaluation

criteria for the program. As an interim

measure for data collection, the

Collaborative has designed a statistical

survey form which has been circulated

to manufacturers for tracking this

information. The program provides that

the items in this survey will become

part of the Bureau of Census' MA-36L

report beginning in 1996, although, in

fact, the items were included starting in

the 1995 MA-36L report.

To date, the Collaborative has

submitted to DOE examples of new

catalog and other product literature in

which four major manufacturers have

included LER information, along with

descriptions of the plans of two other

major companies, and a summary of the

industry's outreach to publicize the LER

rating system. The Department finds

that these efforts constitute a good

beginning for participation in the

luminaire program, and awaits the

results of the first survey in order to

assess formally the extent of

manufacturer participation. It is

expected that aggregate totals of the four

manufacturers participating thus far will

exceed the initial target of 25 percent

participation.

In future years, expansion of the

program is anticipated. A member of the

Collaborative suggested goals for future

participation levels, these goals were

refined by the Collaborative, and DOE,

in its June 1995 Federal Register notice,

stated that it expects the voluntary

program to achieve these levels of

participation. They are as follows: that

50 percent of industry-wide shipments

of the products would be covered by the

voluntary program in 2 years from June

15, 1995, and approximately 75 percent

in 3 years. The Collaborative believes

that competition among manufacturers

will encourage the rapid incorporation

of LER energy efficiency information by

other companies. DOE continues to

expect the program to achieve the

foregoing levels of participation when

fully implemented.

f. Market Data

In order to provide a reporting format

to track luminaire efficacy, the NLC

proposed two additions to the Bureau of

Census MA-36L report used for tracking

luminaire sales data, and the Bureau

approved and incorporated these

changes beginning in 1995. The first

addition reports the percentages of

fluorescent luminaires sold with

magnetic or electronic ballasts. Ballast

type is a first-order indicator of

luminaire efficacy (LER). The other

addition reports quantities and values

broken out by number of lamps. Since

4-lamp luminaires tend to have lower

luminaire fixture efficiencies than 2- or

3-lamp luminaires, number of lamps per

luminaire is a second-order indicator of

LER. These new data can assist the

Department in forming a baseline from

which the efficacy of luminaires on the

market can be estimated over time.

Since the second addition to the Bureau

of Census report uses the categories of

luminaires covered by the voluntary

luminaire program and specified in

NEMA Standard LE5, the resulting data

can also be used to track the percentage

of the total fluorescent luminaire market

that consists of products covered by the

testing and rating program. This would

verify that the LE5 categories cover at

least 80 percent of the fluorescent

luminaire market.

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The Bureau of Census data for 1995

will be released in July 1996. The

Department expects that the NLC will

continue discussions of expanding the

data related to luminaire efficacy that is

reported through a format such as the

Bureau of Census. Such reporting could

possibly include an average LER by

luminaire type.

g. Continuation of the Program

The Department finds that the

Collaborative has established a workable

administrative framework for

continuing the voluntary program and

incorporating new products. NEMA will

continue as the administrator of the

Collaborative and the voluntary

program. The Collaborative will

continue to meet periodically to assess

and update the program, to insure

consensus on the direction of the

program, and to address any concerns

expressed by the Department.

The process for evaluating which new

products should be added to the list of

covered products in the voluntary

program, and which should be deleted,

will be incorporated with the regular

reassessment by NEMA of its standards.

All NEMA standards are routinely

reviewed within five years after their

publication date for possible revision,

renewal, or recision. Since NEMA

Standard LE5 was first published in

1993, the fluorescent luminaire testing

and rating method will be reviewed by

1998 and updated as appropriate, with

consensus review by the Collaborative.

The review of the entire standard will

include the reevaluation of such

statistical data as the 1993 average

commercial sector electricity rate

specified in the original version of

NEMA Standard LE5.

NEMA is already developing an HID

industrial standard and a downlight

luminaire standard related to the LER.

The NLC will be part of the review

process once these are in draft public

review form. The NLC report also states

that 2'x2' and 1'x4' fluorescent

luminaires, types that are rapidly

gaining in market share, will be

considered for addition to the voluntary

program.

Collaborative members believe that

the program will also achieve selfsustaining continuity through the

marketplace, as the LER energy

efficiency rating adds competitive value

to rated products, and manufacturers

which have not included this

information find themselves at a

competitive disadvantage.

IV. Determination

Based on the Department's evaluation

of the NLC's program structure, current

implementation, and future plans, the

Department believes that the critical

elements of a voluntary national testing

and information program to provide

energy efficiency information for

luminaires are already operational or

under development, and that the

program is likely to mature and expand

so as to meet all of the requirements for

such a program in Section 126(a) of

EPACT. Key elements of the program

now in place include the LER rating

method to measure the energy efficiency

of luminaires, test procedures to be

performed in accredited laboratories, a

core organizational group in the

National Lighting Collaborative with

administrative services provided by

NEMA, a list of luminaires covered in

the initial phase of the program, the

identification of the energy efficiency

information to be disseminated by

manufacturers, and the methods for

such dissemination. Other measures,

such as planned publicity initiatives for

the program and a market data reporting

system, have made good progress and

are expected to be completed within

approximately two years.

However, because the program is still

in the initial stages of implementation,

the Department has an insufficient basis

for making a final determination. Based

on the current design of the program

and the Collaborative's plans, it is

anticipated that the program will cover,

within three years, product categories

representing 80 percent of the

fluorescent luminaire market, and

approximately 75 percent of the unit

sales within these categories; assure that

each LER rating derived from testing

will be generally valid for the tested

products; make the luminaire

marketplace aware of the voluntary

program; and expand the program to

include downlights and HID industrial

luminaires. In order for the Department

to evaluate progress in these areas, close

collaboration between the Collaborative

and the Department should be

maintained to facilitate exchange of

information and program updates. If the

Collaborative provides data and

documentation to DOE by July 15, 1998,

on the achievements of the NLC

program, including information as to

whether the above objectives have been

met, then DOE can make its final

determination.

For these reasons, it is hereby

determined provisionally that the

National Lighting Collaborative's

program is consistent with the

objectives of Section 126(a) of EPACT.

If the objectives set forth in the

preceding paragraphs have been

completed, DOE will make a final

determination that the program meets

the statutory objectives. DOE expects to

make a final determination no later than

December 15, 1998.

V. Relationship to Mandatory Energy

Conservation Programs

Certain aspects of the NLC's voluntary

program for luminaires involve matters

covered by mandatory energy

conservation test procedures, labeling,

and standards imposed under the

Energy Policy and Conservation Act

(EPCA), as amended. For example, both

the luminaire efficiency rating in the

NLC program and the mandatory

requirements for lamps involve

consideration of the light output of

lamps.

The NLC program, however, is

designed to provide a consistent

approach to the testing and

dissemination of energy efficiency

information only for luminaires. It is not

intended to affect mandatory

requirements for other products.

Therefore, to the extent DOE approves

the NLC program as meeting the

objectives of Section 126 of EPACT,

such approval does not indicate any

view by DOE as to the appropriate

content of any mandatory program.

Moreover, neither the provisions of the

voluntary program, nor actions under

that program, in any way govern any

mandatory requirements imposed under

EPCA.

Nevertheless, DOE hopes that any

future modifications in the NLC

voluntary program can be sufficiently

well coordinated with mandatory

testing and labeling requirements to

minimize any conflicts that might place

added burdens on the manufacturers,

retailers, or buyers of the affected

lighting products.

Issued in Washington, DC on March 6,

1996.

Christine A. Ervin,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

[FR Doc. 96-6294 Filed 3-14-96; 8:45 am]

BILLING CODE 6450-01-P

Office of Energy Research

Energy Research Financial Assistance

Program Notice 96-12 ; Natural and

Accelerated Bioremediation Research

Program-Science Team Leadership

AGENCY: U.S. Department of Energy

(DOE).

ACTION: Notice inviting cooperative

agreement applications.

SUMMARY: The Office of Health and

Environmental Research (OHER) of the

Office of Energy Research, U.S.

EE-DET-94-001 COMMENT 19