12058 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 

cattle will benefit from time savings and 

reduced costs associated with bovine 

tuberculosis testing, however, the 

savings will be relatively small. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

in conflict with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 9 CFR Part 77 

Animal diseases, Bison, Cattle, 

Reporting and recordkeeping 

requirements, Transportation, 

Tuberculosis. 

■ Accordingly, we are amending 9 CFR 

part 77 as follows: 

PART 77—TUBERCULOSIS 

■ 1. The authority citation for part 77 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 2. In § 77.7, paragraph (b) is revised to 

read as follows: 

§ 77.7 Accredited-free States or zones. 

* * * * * 

(b) The following are accredited-free 

zones: 

(1) A zone in Michigan known as the 

Upper Peninsula that comprises Alger, 

Baraga, Chippewa, Delta, Dickinson, 

Gogebic, Houghton, Iron, Keweenaw, 

Luce, Mackinac, Marquette, 

Menominee, Ontonagon, and 

Schoolcraft Counties. 

(2) All of the State of New Mexico 

except for the zone that comprises Curry 

and Roosevelt Counties described in 

§ 77.9(b)(3). 

* * * * * 

■ 3. In § 77.9, paragraphs (a) and (b) are 

revised to read as follows: 

§ 77.9 Modified accredited advanced 

States or zones. 

(a) The following are modified 

accredited States: California. 

(b) The following are modified 

accredited advanced zones: 

(1) All of the State of Michigan except 

for the zones that comprise those 

counties or portions of counties in 

Michigan described in § 77.7(b)(1) and 

§ 77.11(b)(1). 

(2) All of the State of Minnesota 

except for the zones that comprise those 

counties or portions of counties in 

Minnesota described in § 77.11(b)(2). 

(3) The zone in the State of New 

Mexico that comprises Curry and 

Roosevelt Counties. 

* * * * * 

Done in Washington, DC, this 17th day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–6252 Filed 3–20–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

RIN 1904–AB74 

Energy Conservation Standards for 

Certain Consumer Products and 

Commercial and Industrial Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Department of Energy 

(DOE) is publishing this technical 

amendment to place the energy 

conservation standards and test 

procedures, and related definitions, 

prescribed in the Energy Independence 

and Security Act of 2007 (EISA 2007) 

for certain consumer products and 

commercial and industrial equipment in 

the Code of Federal Regulations. 

DATES: Effective Date: March 23, 2009. 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of March 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. McCabe, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, (202) 586–9155, e-mail: 

Michael.Mccabe@ee.doe.gov. 

Francine Pinto, Esq., U.S. Department 

of Energy, Office of General Counsel, 

Forrestal Building, Mail Station GC–72, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586– 

7432, e-mail: 

Francine.Pinto@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule incorporates by reference the 

following industry standards: 

• ANSI C78.20–2003, Revision of 

ANSI C78.20–1995 (‘‘ANSI C78.20’’), 

American National Standard for electric 

lamps—A, G, PS, and Similar Shapes 

with E26 Medium Screw Bases, 

approved October 30, 2003; 

• ANSI C78.21–1989, American 

National Standard for Electric Lamps— 

PAR and R Shapes, approved March 3, 

1989; 

• ANSI C78.21–2003, Revision of 

ANSI C78.21–1995 with all 

supplements, American National 

Standard for Electric Lamps—PAR and 

R Shapes, approved October 30, 2003; 

• ANSI C78.43–2004, Revision and 

consolidation of ANSI C78.1372–1997, 

.1374–1997, .1375–1997, .1376–1997, 

.1377–1997, .1378–1997, .1379–1997, 

.1382–1997, .1384–1997, and .1650– 

2003, (‘‘ANSI C78.43’’), American 

National Standard for electric lamps: 

Single-Ended Metal Halide Lamps, 

approved May 5, 2004. 

• ANSI C79.1–1994, American 

National Standard for Nomenclature for 

Glass Bulbs—Intended for Use with 

Electric Lamps, approved March 24, 

1994; 

• ANSI C79.1–2002, American 

National Standard for Electric LampsNomenclature for Glass Bulbs Intended 

for Use with Electric Lamps, approved 

September 16, 2002; 

• ANSI_ANSLG_C81.61–2006, 

Revision of ANSI C81.61–2005 (‘‘ANSI 

C81.61’’), American National Standard 

for electrical lamp bases—Specifications 

for Bases (Caps) for Electric Lamps, 

approved August 25, 2006; 

• ANSI C82.6–2005, Proposed 

Revision of ANSI C82.6–1985 (‘‘ANSI 

C82.6’’), American National Standard 

for lamp ballasts—Ballasts for HighIntensity Discharge Lamps—Methods of 

Measurement, approved February 14, 

2005. 

Copies of the materials are available 

from: American National Standards 

Institute (ANSI), 25 W. 43rd Street, 4th 

Floor, New York, NY 10036, 212–642– 

4900, or go to http://www.ansi.org. 

• ASTM C518–04, (‘‘ASTM C518’’), 

Standard Test Method for Steady-State 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 12059 

1 DOE notes that Sec. 303 of EISA 2007 prescribed 

energy conservation standards for residential 

boilers. The prescribed standards for residential 

boilers were codified in the Furnace and Boiler 

Technical Amendment, which was published in the 

Federal Register on July 28, 2008. 73 FR 43611. 

Thermal Transmission Properties by 

Means of the Heat Flow Meter 

Apparatus, approved May 1, 2004. 

Copies of the material are available 

from: American Society for Testing and 

Materials (ASTM), 100 Barr Harbor 

Drive, West Conshohocken, PA 19428– 

2959, (610) 832–9500, or http:// 

www.astm.org. 

• CIE 13.3–1995 (‘‘CIE 13.3’’), 

Commission Internationale de 

l’Eclairage International Commission on 

Illumination Internationale 

Beleuchtungskommission Technical 

Report: Method of Measuring and 

Specifying Colour Rendering Properties 

of Light Sources, 1995, ISBN 3 900 734 

57 7. 

Copies are available from: 

Commission Internationale de 

l’Eclairage (CIE), Central Bureau, 

Kegelgasse 27, A–1030, Vienna, Austria, 

011+43 1 714 31 87 0, or go to http:// 

www.cie.co.at. 

• Energy Star Program Requirements 

for Single Voltage External Ac-Dc and 

Ac-Ac Power Supplies, Eligibility 

Criteria (Version 2.0), published by the 

Environmental Protection Agency, 

effective date for EPS Manufacturers 

November 1, 2008. 

Copies of the material are available 

online at http://www.energystar.gov or 

by contacting the Energy Star hotline at 

1–888–782–7937. 

• The IESNA Lighting Handbook, 

Reference & Application, (‘‘The IESNA 

Lighting Handbook’’), 9th ed., Chapter 

6, ‘‘Light Sources,’’ July 2000; 

• IESNA LM–16–1993 (‘‘IESNA LM– 

16’’), IESNA Practical Guide to 

Colorimetry of Light Sources and the 

1931 CIE chromaticity diagram, Figure 2 

on page 3, December 1993. 

Copies of the materials are available 

from: Illuminating Engineering Society 

of North America (IESNA), 120 Wall 

Street, Floor 17, New York, NY 10005– 

4001, 212–248–5000, or go to http:// 

www.iesna.org. 

• ‘‘Computation of Correlated Color 

Temperature and Distribution 

Temperature,’’ A.R. Robertson, Journal 

of the Optical Society of America, 

Volume 58, Number 11, November 

1968, pages 1528–1535. 

Copies are available from: Optical 

Society of America, 2010 Massachusetts 

Ave., NW., Washington, DC 20036– 

1012, 202–223–8130, or go to http:// 

www.opticsinfobase.org. 

• NFPA 70–2002, (‘‘NFPA 70’’), 

National Electrical Code 2002 Edition. 

Copies of the material are available 

from: The National Fire Protection 

Association, 11 Tracy Drive, Avon, MA 

02322, 1–800–344–3555, or go to http:// 

www.nfpa.org. 

• NSF/ANSI 51–2007, (‘‘NSF/ANSI 

51’’), Food equipment materials, revised 

and adopted April 2007. 

Copies of the material are available 

from: NSF International, P.O. Box 

130140, 789 North Dixboro Road, Ann 

Arbor, MI 48113–0140, 1–800–673– 

6275, or go to http://www.nsf.org. 

• UL 1029, (ANSI/UL 1029–2007) 

(‘‘UL 1029’’), Standard for Safety HighIntensity-Discharge Lamp Ballasts, 5th 

edition, May 25, 1994, which consists of 

pages dated May 25, 1994, September 

28, 1995, August 3, 1998, February 7, 

2001 and December 11, 2007. 

Copies of the material are available 

from: Underwriters Laboratories, Inc., 

COMM 2000, 1414 Brook Drive 

Downers Grove, IL 60515, 1–888–853– 

3503, or go to http://www.ul.com. 

You can also view copies of all of 

these standards at the U.S. Department 

of Energy, Resource Room of the 

Building Technologies Program, 950 

L’Enfant Plaza, SW., 6th Floor, 

Washington, DC 20024, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

I. Background 

II. Summary of This Action 

A. Definitions and Standards 

B. General Provisions and Technical 

Amendments 

III. Final Action 

IV. Procedural Requirements 

V. Approval of the Office of the Secretary 

I. Background 

The Energy Independence and 

Security Act of 2007 (EISA 2007) (Pub. 

L. 110–140) was enacted on December 

19, 2007. Among the provisions of 

subtitle A of title III of EISA 2007 are 

provisions that amend Part A of Title III 

of the Energy Policy and Conservation 

Act (EPCA) (42 U.S.C. 6291–6309), 

which provides for an energy 

conservation program for consumer 

products other than automobiles, and 

Part A–1 of Title III of EPCA (42 U.S.C. 

6311–6317), which provides for an 

energy conservation program for certain 

commercial and industrial equipment, 

similar to the one in Part A for 

consumer products. In addition to 

establishing energy conservation 

standards, EISA 2007 directs DOE to 

undertake rulemakings to promulgate 

new or amended energy conservation 

standards for various consumer 

products and commercial and industrial 

equipment. 

By today’s action, DOE is placing in 

the Code of Federal Regulations (CFR), 

for the benefit of the public, the energy 

conservation standards and related 

definitions prescribed by EISA 2007 for 

various consumer products and 

commercial and industrial equipment. 

In this technical amendment, DOE is not 

exercising any of the discretionary 

authority that Congress has provided in 

EISA 2007 for the Secretary of Energy to 

revise, by rule, certain product or 

equipment definitions and energy 

conservation standards. DOE may 

exercise this discretionary authority at a 

later time in rulemakings to establish 

test procedures or efficiency standards 

for these products and equipment. 

II. Summary of This Action 

DOE is placing the new energy 

conservation standards and related 

definitions into 10 CFR Part 430 

(‘‘Energy Conservation Program for 

Consumer Products’’) or 10 CFR Part 

431 (‘‘Energy Efficiency Program for 

Certain Commercial and Industrial 

Equipment’’), as appropriate given the 

nature or type of the product or 

equipment. EISA 2007 includes 

provisions dealing with the definitions, 

test procedures and standards for 

certain types of commercial equipment 

in a section that amends section 325 of 

Part A of Title III of EPCA. Part A 

contains provisions for the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles’’ 

where Part A–1 of Title III of EPCA 

contains provisions for ‘‘Certain 

Industrial Equipment.’’ The location of 

the provisions within the statute and the 

CFR does not affect either their 

substance or applicable procedures, 

however, DOE is placing them in the 

appropriate CFR part based on their 

nature or type. DOE provides a ‘‘crosswalk’’ in Table 1 that shows the location 

of the standards for the products and 

equipment in the CFR and EISA 2007.1


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TABLE 1 

Product/Equipment type CFR location EISA 2007 

section 

Dishwashers ................................................................................................................... § 430.32(f) ................................................. Sec. 311(a). 

Residential clothes washers ........................................................................................... § 430.32(g) ................................................ Sec. 311(a). 

General service fluorescent lamps and incandescent reflector lamps .......................... § 430.32(n) ................................................ Sec 322(b). 

Dehumidifiers ................................................................................................................. § 430.32(v) ................................................. Sec. 311(a). 

Class A external power supplies .................................................................................... § 430.32(w) ................................................ Sec. 301(c). 

General service incandescent lamps, intermediate base incandescent lamps and 

candelabra base incandescent lamps.

§ 430.32(x) ................................................. Sec 321(a). 

Electric motors ............................................................................................................... Part 431, Subpart B .................................. Sec. 313(b). 

Commercial package air conditioning and heating equipment ...................................... Part 431, Subpart F .................................. Sec. 314(b). 

Mercury vapor lamp ballasts .......................................................................................... Part 431, Subpart P .................................. Sec 316(d). 

Walk-in coolers and walk-in freezers ............................................................................. Part 431, Subpart R .................................. Sec. 312(b). 

Metal halide lamp fixtures .............................................................................................. Part 431, Subpart S .................................. Sec. 324(e). 

Where the statute establishes a 

prescriptive standard that either adopts 

or is based on voluntary standards of 

another entity, DOE has incorporated 

the relevant portion of the source 

document into the CFR text so that the 

CFR can be a fully self-contained 

regulation. This applies to the efficiency 

standards for general purpose electric 

motors (subtype I), general purpose 

electric motors (subtype II), fire pump 

motors and NEMA design B general 

purpose electric motors that shall be the 

same as voluntary standards published 

by the National Electrical Manufacturers 

Association (NEMA) MG–1–2006. 

DOE notes that while EISA 2007 has 

prescribed energy conservation 

standards that will apply to products 

and equipment manufactured on or after 

the specific dates, manufacturers are not 

subject to DOE’s compliance 

certification and enforcement programs 

until DOE promulgates the related test 

procedures for the new covered 

products and commercial equipment. 

While manufacturers are not subject to 

DOE certification and enforcement 

programs until DOE promulgates test 

procedures and related regulations, 

manufacturers must meet the standards 

as of the effective date of the standards. 

Manufacturers must, for example, be 

able to demonstrate that their products 

meet the energy conservation standards 

or energy design standards set by EISA 

2007. Furthermore, the EPCA, as 

amended, defines the term 

‘‘manufacture’’ as ‘‘to manufacture, 

produce, assemble, or import’’ (42 

U.S.C. 6291(10)). Therefore, all 

consumer products and commercial and 

industrial equipment covered by this 

action must, on the date of manufacture, 

or in the case of imported products, as 

of the date of import, meet the standards 

set by EISA 2007 and adopted in the 

CFR by this action. Furthermore, the 

requirements in EISA 2007 apply to the 

manufacture of covered consumer 

products and commercial and industrial 

equipment for sale in the 50 states as 

well as all U.S. territories. In order to 

clarify that energy conservation 

standards apply to both products 

manufactured in the U.S. for sale in the 

U.S. as well as products imported in the 

U.S., DOE is adding the terms 

‘‘manufacture’’ and ‘‘import’’ to 10 CFR 

Parts 430 and 431. 

In addition, EISA 2007 added several 

general provisions to EPCA, including 

provisions for petitions by interested 

parties that DOE initiate a rulemaking 

for manufacturer exemptions from the 

standards for general service lamps as 

well as a petition for DOE to initiate a 

rulemaking for lamp shapes or bases 

that are excluded from the definition of 

general service lamps. EISA 2007 also 

added provisions with respect to 

prohibited acts regarding regional 

standards for furnaces, boilers, central 

air conditioners and central air 

conditioning heat pumps. These 

provisions are added to Part 430 by 

today’s final rule. 

A. Definitions and Standards 

The definitions and standards 

incorporated into the CFR by today’s 

action are briefly discussed as follows: 

1. Dishwashers. Section 311(a) of 

EISA 2007 amended section 325(g) of 

the EPCA to adopt energy conservation 

standards and water conservation 

standards for residential dishwashers 

manufactured on or after January 1, 

2010. The current energy conservation 

standard for dishwashers is in terms of 

Energy Factor (cycles/kWh) whereas the 

January 1, 2010, energy conservation 

standard is in terms of maximum 

allowable energy use per year (kWh/ 

year). By today’s final rule, DOE is 

adding the maximum allowable energy 

use requirements to section 430.32(g). 

DOE defines annual energy use in 

section 430.23(c)(3) and the methods for 

measuring dishwasher energy use are 

found at Appendix C to subpart B of 10 

CFR Part 430. Methods for measuring 

dishwasher water consumption are 

found at section 5.3 of Appendix C to 

subpart B of 10 CFR Part 430. 

2. Residential clothes washers. 

Section 311(a) of EISA 2007 amended 

section 325(g) of EPCA to adopt energy 

conservation and water conservation 

standards for residential clothes 

washers manufactured on or after 

January 1, 2011. The energy 

conservation standard for top-loading 

and front-loading standard-size 

residential clothes washers is in terms 

of Modified Energy Factor (MEF), the 

same as the existing residential clothes 

washer standard. EISA 2007 adds a 

Water Factor (WF) which has not been 

regulated by the existing standards. 

However, DOE defines WF (water 

consumption factor) and provides a 

method for measuring WF in Appendix 

J1 to subpart B of 10 CFR Part 430. 

3. General service fluorescent lamps 

and incandescent reflector lamps. 

Section 322(b) of EISA 2007 amended 

section 325(i) of EPCA by amending 

paragraph (1). EISA 2007 removed the 

existing tables of energy conservation 

standards for fluorescent lamps and 

incandescent reflector lamps in EPCA 

and replaced them with identical tables 

such that no changes to the energy 

conservation standards were made. 

Therefore, DOE is not making any 

changes to the CFR. In addition, section 

322 of EISA 2007 extended coverage of 

the incandescent reflector lamps to 

include certain ER, BR and BPAR 

reflector lamps, added definitions for 

these lamps and established energy 

conservation standards that are effective 

for ER, BR and BPAR reflector lamps 

manufactured on and after January 1, 

2008. DOE is adding the definitions to 

section 430.2 and the energy 

conservation standards for these bulbs 

to section 430.32(n). The existing test 

procedures for reflector lamps found in 

Appendix R to subpart B of 10 CFR Part 

430 apply to ER, BR and BPAR reflector 

lamps. 


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4. Dehumidifiers. Section 311(a) of 

EISA 2007 amended EPCA to add new 

section 325(cc)(2) setting energy 

conservation standards for 

dehumidifiers manufactured on or after 

October 1, 2012. The energy 

conservation standards for 

dehumidifiers are in terms of energy 

factor levels, as are the current energy 

conservation standards for 

dehumidifiers. The EISA 2007 energy 

conservation standards for 

dehumidifiers are added to section 

430.32(v). No further changes or 

additions are made with respect to 

dehumidifiers by today’s final rule. 

5. Class A external power supplies. 

Section 301 of EISA 2007 amended 

sections 321 and 325(u) of EPCA by 

adding definitions and establishing 

energy conservation standards for Class 

A external power supplies 

manufactured on or after July 1, 2008. 

Today’s final rule adds the EISA 2007 

definitions for external power supplies 

to section 430.2 and energy 

conservation standards for Class A 

external power supplies to section 

430.32(w). No further changes or 

additions are made with respect to Class 

A external power supplies by today’s 

final rule. DOE notes, however, that 

section 310 of EISA 2007 further 

modifies section 325 of EPCA, requiring 

DOE to amend existing test procedures, 

including for Class A external power 

supplies, to take into account energy 

consumption and standby and off 

modes. (42 U.S.C. 6295(gg)(2)). DOE 

published a final rule on December 8, 

2006, in which it adopted test 

procedures for external power supplies 

(71 FR 71340, codified in Appendix Z 

to Subpart B to 10 CFR part 430). The 

December 8, 2006, final rule, however, 

did not include test procedures for 

external power supplies in the standby 

and off-modes. DOE therefore plans on 

initiating a separate rulemaking to 

establish standby- and off-mode test 

procedures for external power supplies, 

including Class A external power 

supplies. 

6. General service incandescent 

lamps, intermediate base incandescent 

lamps and candelabra base 

incandescent lamps. Section 321(a) of 

EISA 2007 amended sections 321 and 

325 of EPCA to add definitions and set 

energy conservation standards for 

general service incandescent lamps and 

modified spectrum general service 

incandescent lamps for certain rated 

lumen ranges and effective dates. In 

addition, EISA 2007 amended section 

325 of EPCA to set energy conservation 

standards for candelabra incandescent 

lamps and intermediate base 

incandescent lamps. A candelabra base 

incandescent lamp shall not exceed 60 

rated watts and an intermediate base 

incandescent lamp shall not exceed 40 

rated watts. Today’s final rule adds the 

definitions for general service 

incandescent lamps, intermediate base 

incandescent lamps and candelabra base 

incandescent lamps to section 430.2 and 

energy conservation standards for these 

lamps to section 430.32(x). No further 

changes or additions are made with 

respect to general service lamps, 

intermediate base incandescent lamps 

and candelabra base incandescent 

lamps, other than the general provisions 

discussed in section II.B of today’s final 

rule. 

7. Electric motors. Section 313 of 

EISA 2007 amended sections 340 and 

342 of EPCA to add definitions and set 

energy conservation standards for 

general purpose electric motors (subtype 

I), fire pump motors, general purpose 

electric motors (subtype II) and NEMA 

design B general purpose electric 

motors. EISA 2007 requires that general 

purpose electric motors (subtype I) with 

a power rating of 1 horsepower or 

greater, but not greater than 200 

horsepower, manufactured alone or as a 

component of another piece of 

equipment on or after December 19, 

2010 shall meet the nominal full load 

efficiency levels specified in Table 12– 

12 of National Electrical Manufacturers 

Association (NEMA) MG–1 2006, 

‘‘Motors and Generators.’’ In addition, 

EISA 2007 requires that fire pump 

motors; general purpose electric motors 

(subtype II) with a power rating of 1 

horsepower or greater, but not greater 

than 200 horsepower; and NEMA design 

B general purpose electric motors with 

a power rating of more than 200 

horsepower, but not greater than 500 

horsepower manufactured alone or as a 

component of another piece of 

equipment on or after December 19, 

2010 shall meet the full load efficiency 

levels specified in Table 12–11 of 

NEMA MG–1 2006, ‘‘Motors and 

Generators.’’ For the benefit of 

stakeholders looking for the standards 

specified in EISA 2007, DOE is 

codifying the efficiency levels specified 

in Table 12–11 and Table 12–12 of 

NEMA MG–1–2006 in the Code of 

Federal Regulations. NEMA issued an 

erratum in April 2007 and a full 

Revision (‘‘Rev 1’’) in November 2007 to 

NEMA MG–1 2006. The revisions are 

reflected in today’s final rule. The EISA 

2007 definitions for electric motors are 

added to section 431.12 and the energy 

conservation standards are added to 

section 431.25. The Department notes 

that EISA 2007 added energy 

conservation standards for fire pump 

motors and NEMA design B general 

purpose motors, but did not define 

either class of motors. Today’s final rule 

adds the energy conservation standards 

for these two classes and adds the terms 

‘‘fire pump motors’’ and ‘‘NEMA design 

B general purpose motors’’ without 

defining the terms. DOE has initiated a 

rulemaking to adopt definitions for 

these terms. (73 FR 78220, December 22, 

2008) No further changes or additions 

are made with respect to electric motors 

by today’s final rule. 

8. Commercial package air 

conditioning and heating equipment. 

Section 314 of EISA 2007 amended 

sections 340 and 342(a) of EPCA to add 

definitions of new classes of commercial 

package air conditioning and heating 

equipment and to establish energy 

conservation standards for commercial 

package air-conditioning and heating 

equipment. Small commercial package 

air-conditioning and heating equipment 

(other than single package vertical air 

conditioners) manufactured on or after 

June 16, 2008 shall meet specific 

minimum energy efficiency levels, 

depending on category and product 

capacity (Btu per hour) specified in 

EISA 2007. In addition, single package 

vertical units manufactured on or after 

January 1, 2010, shall meet specific 

minimum energy efficiency levels, 

depending on category, product 

capacity (Btu per hour) and the type of 

heating, if any are specified in EISA 

2007. DOE is amending section 431.92 

to add the new definitions and section 

431.97 to add the new energy 

conservation standards. No further 

changes or additions are made with 

respect to commercial package air 

conditioning and heating equipment by 

today’s final rule. 

9. Mercury vapor lamp ballasts. The 

Energy Policy Act of 2005 (EPACT 2005) 

amended EPCA to establish energy 

conservation standards for mercury 

vapor lamp ballasts. EPACT 2005 

prohibited the manufacture or 

importation of mercury vapor lamp 

ballasts after January 1, 2008. Section 

316(d) of EISA 2007 amended section 

325 of EPCA to provide an exception for 

specialty application mercury vapor 

lamp ballasts. Today’s final rule adds 

the definitions in EISA 2007 to section 

431.282 and the exception to the 

standard for specialty application 

mercury vapor lamp ballasts in section 

431.286. No further changes or 

additions are made with respect to 

mercury vapor lamp ballasts by today’s 

final rule. 

10. Walk-in coolers and walk-in 

freezers. Section 312(b) of EISA 2007 

amended sections 340, 342 and 343 of 

EPCA to add definitions, energy 


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conservation standards, and test 

procedures for measuring the thermal 

resistance (R value) of the panels of 

walk-in coolers and walk-in freezers. 

The energy conservation standards 

require a minimum R value of the walkin cooler and walk-in freezer panels as 

well as requirements for doors, door 

closures, motors and lighting used in 

walk-in coolers and walk-in freezers 

manufactured on or after January 1, 

2009. In addition, EISA 2007 directs 

DOE to develop test procedures to 

measure the energy use of walk-in 

coolers and walk-in freezers and to 

establish energy conservation standards 

for walk-in coolers and walk-in freezers 

that limit the maximum amount of 

energy use of this equipment. DOE is 

adding the definitions in a new section 

431.302 and the energy conservation 

standards in a new section 431.306. 

Today’s final rule also adopts, by 

reference, the test procedures adopted 

by ASTM International for measuring 

thermal resistance of insulation, ASTM 

C518, ‘‘Standard Test Method for 

Steady-State Thermal Transmission 

Properties by Means of the Heat Flow 

Meter Apparatus.’’ Test procedures to 

measure the energy use of walk-in 

coolers and walk-in freezers will be 

developed through a separate 

rulemaking. 

11. Metal halide lamp fixtures. 

Section 324(e) of EISA 2007 amended 

sections 321 and 325 of EPCA to add 

definitions and set energy conservation 

standards for metal halide lamp fixtures 

effective January 1, 2009. The EISA 

2007 definitions for metal halide lamp 

fixtures are added to section 431.322 

and the energy conservation standards 

are added to section 431.326. No further 

changes or additions are made with 

respect to metal halide lamp fixtures by 

today’s final rule. 

B. General Provisions and Technical 

Amendments 

In addition to amending and adding 

definition and standards, section 316 of 

EISA 2007 included several technical 

corrections. Section 316(a) of EISA 2007 

amended section 135(a)(1)(A)(ii) of the 

Energy Policy Act of 2005 by striking 

‘‘C78.1–1978(R1984)’’ and inserting 

‘‘C78.3–1978(R1984).’’ Section 316(b) of 

EISA 2007 amended section 

321(30)(B)(viii) of EPCA by striking 

‘‘82’’ and inserting ‘‘87.’’ Section 316(c) 

of EISA 2007 amended section 301(a)(2) 

of EPCA by amending definitions for 

‘‘high intensity discharge lamp,’’ 

‘‘mercury vapor lamp,’’ and ‘‘mercury 

vapor lamp ballast’’ and adding a 

definition for ‘‘specialty application 

mercury vapor lamp ballast.’’ Section 

316(d) amended section 

325(ff)(1)(A)(ii)(II) of EPCA to substitute 

‘‘fans sold for outdoor applications’’ for 

‘‘outdoor application.’’ In addition, 

section 316(d) amends section 

325(ff)(4)(C) striking subparagraph (B) 

and inserting subparagraph (A) and 

adding paragraph (ii) to section 

325(ff)(4)(C). 

EISA 2007 added several general 

provisions to EPCA, including 

provisions for petitions by any person 

requesting that DOE grant manufacturer 

exemptions from the standards for 

general service lamps as well as a 

petition for DOE to establish standards 

for lamp shapes or bases that are 

excluded from the definition of general 

service lamps. In addition, EISA 2007 

added provisions with respect to 

prohibited acts regarding regional 

standards for furnaces, boilers, central 

air conditioners and central air 

conditioning heat pumps. These 

provisions are codified verbatim by 

today’s final rule. The petition 

provisions regarding general service 

lamps are added to a new section 430.35 

while the new prohibited acts regarding 

regional standards and adapters for 

general service lamps are added to 

section 430.61. 

III. Final Action 

DOE has determined, pursuant to 5 

U.S.C. 553(b)(B), that prior notice and 

an opportunity for public comment on 

this final rule are unnecessary. DOE is 

merely placing in the Code of Federal 

Regulations for the benefit of the public 

energy conservation standards, test 

procedures, and related definitions 

prescribed by Congress in EISA 2007 for 

certain consumer products and 

commercial and industrial equipment. 

DOE is not exercising any of the 

discretionary authority that Congress 

has provided in EISA 2007 for the 

Secretary of Energy to revise, by rule, 

product or equipment definitions, test 

procedures and energy conservation 

standards. DOE, therefore, finds that 

good cause exists to waive prior notice 

and an opportunity to comment for this 

rulemaking. For the same reasons, DOE, 

pursuant to 5 U.S.C. 553(d)(3), finds that 

good cause exists for making this final 

rule effective upon publication in the 

Federal Register. 

IV. Procedural Requirements 

A. Review Under Executive Order 

12866, ‘‘Regulatory Planning and 

Review’’ 

Today’s final rule is not a ‘‘significant 

regulatory action’’ under section 3(f)(1) 

of Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ 58 FR 51735 

(October 4, 1993). Accordingly, today’s 

action was not subject to review by the 

Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

However, DOE estimated the energy, 

economic and environmental benefits of 

the standards established by EISA 2007 

and adopted by today’s final rule. 

Where possible, DOE used available 

data to provide estimates of the impacts 

of the prescribed standards in EISA 

2007. Before EISA 2007, DOE completed 

or began the rulemaking process and 

conducted preliminary energy and cost 

benefit analyses for a number of the 

above prescribed standards. In addition, 

for some products prior analyses not 

part of the rulemaking process were 

conducted by DOE or an outside source, 

and those analyses were used to provide 

estimates. There are several products for 

which DOE did not have analyses that 

could be readily used for this final rule. 

Instead, DOE developed a methodology 

for producing preliminary estimates of 

energy, economic and environmental 

savings to assess the impact of these 

standards. DOE gathered annual 

shipment data, baseline efficiency 

levels, and typical product usage to 

determine energy savings benefits. To 

determine cost benefits for products 

where data is not already available, DOE 

analyzed the approximate changes in 

retail price that consumers might 

experience moving from the baseline 

efficiency to the EISA 2007 compliant 

product. 

DOE analyzed energy savings, 

installed cost, value of energy savings, 

emission reductions for the standards 

prescribed by Congress in EISA 2007. 

To determine the consumer energy 

saving benefits, DOE must determine 

the annual energy use, shipment data, 

equipment stock, national energy 

consumption, and site-to-source 

conversion factors. The value of the 

energy savings is estimated as the value 

in the present of a time series of costs 

and savings. Lastly, the emissions 

reductions were calculated for the 

decreased energy consumption. 

DOE estimates the prescribed 

standards in EISA 2007 will save 

approximately 31 quads (quadrillion 

(1015) British thermal units (Btu)) of 

energy over 30 years (2008–2038). These 

energy savings are projected to result in 

cumulative greenhouse gas emission 

reductions of approximately 487 million 

metric ton carbon equivalent (MMTCE) 

of carbon dioxide (CO2). In addition, the 

net present value to the nation is 

approximately $48–$105 billion dollars. 

The complete results of the analyses are 

in a Technical Support Document (TSD) 

that is available on the Internet at 


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http://www1.eere.energy.gov/buildings/ 

appliance_standards. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, Proper 

Consideration of Small Entities in 

Agency Rulemaking, 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. The 

Department has made its procedures 

and policies available on the Office of 

General Counsel’s web site: http:// 

www.gc.doe.gov. DOE today is revising 

the Code of Federal Regulations to 

incorporate, without substantive 

change, energy conservation standards 

and related provisions prescribed by the 

Energy Independence and Security Act 

of 2007 as amendments to the Energy 

Policy and Conservation Act. Because 

this is a technical amendment for which 

a general notice of proposed rulemaking 

is not required, the Regulatory 

Flexibility Act does not apply to this 

rulemaking. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This rulemaking imposes no new 

information or record keeping 

requirements. Accordingly, Office of 

Management and Budget clearance is 

not required under the Paperwork 

Reduction Act. (44 U.S.C. 3501 et seq.) 

D. Review Under the National 

Environmental Policy Act of 1969 

DOE has determined that this rule is 

covered under the Categorical Exclusion 

found in DOE’s National Environmental 

Policy Act regulations at paragraph A.6 

of Appendix A to Subpart D, 10 CFR 

part 1021, which applies to rulemakings 

that are strictly procedural. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132, 

‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999), imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications. On March 

14, 2000, DOE published a statement of 

policy describing the intergovernmental 

consultation process it will follow in the 

development of such regulations. 65 FR 

13735. DOE examined this final rule 

and determined that while it preempts 

State law, it does not have a substantial 

direct effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

F. Review Under Executive Order 12988, 

‘‘Civil Justice Reform’’ 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this final 

rule meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

a proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a),(b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

http://www.gc.doe.gov). This final rule 

contains neither an intergovernmental 

mandate nor a mandate that may result 

in the expenditure of $100 million or 

more in any year, so these requirements 

under the Unfunded Mandates Reform 

Act do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

final rule would not have any impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 12630, 

‘‘Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights’’ 

The Department has determined, 

under Executive Order 12630, 

‘‘Governmental Actions and Interference 


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with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 18, 1988), 

that this rule would not result in any 

takings which might require 

compensation under the Fifth 

Amendment to the United States 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516, note) 

provides for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s rulemaking under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Review Under Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This final rule would not have a 

significant adverse effect on the supply, 

distribution, or use of energy and, 

therefore, is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

List of Subjects 

10 CFR Part 430 

Administrative practice and 

procedure, Energy conservation, 

Household appliances, Incorporation by 

reference. 

10 CFR Part 431 

Administrative practice and 

procedure, Commercial products, 

Energy conservation, Incorporation by 

reference. 

Issued in Washington, DC, on March 11, 

2009. 

Rita L. Wells, 

Acting Deputy Assistant Secretary for 

Business Administration, Energy Efficiency 

and Renewable Energy. 

■ For the reasons stated in the preamble, 

DOE hereby amends Chapter II, 

Subchapter D, of Title 10 of the Code of 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Section 430.2 is amended by: 

■ a. Adding in alphabetical order 

definitions of ‘‘3-way incandescent 

lamp,’’ ‘‘active mode,’’ ‘‘appliance 

lamp,’’ ‘‘ballast,’’ ‘‘BPAR incandescent 

reflector lamp,’’ ‘‘BR30,’’ ‘‘BR40,’’ 

‘‘candelabra base incandescent lamp,’’ 

‘‘class A external power supply,’’ 

‘‘detachable battery,’’ ‘‘electronic 

ballast,’’ ‘‘ER30,’’ ‘‘ER40,’’ ‘‘general 

lighting application,’’ ‘‘general service 

lamp,’’ ‘‘import,’’ ‘‘intermediate base 

incandescent lamp,’’ ‘‘light-emitting 

diode or LED’’, ‘‘manufacture,’’ 

‘‘modified spectrum,’’ ‘‘off mode,’’ 

‘‘organic light-emitting diode or OLED,’’ 

‘‘R20 incandescent reflector lamp,’’ 

‘‘rough service lamp,’’ ‘‘shatter-resistant 

lamp, shatter-proof lamp, or shatterprotected lamp,’’ ‘‘specialty application 

mercury vapor lamp ballast,’’ ‘‘standby 

mode,’’ and ‘‘vibration service lamp.’’ 

■ b. Revising the definition of ‘‘BR 

incandescent reflector lamp,’’ ‘‘colored 

incandescent lamp,’’ ‘‘ER incandescent 

reflector lamp,’’ ‘‘general service 

fluorescent lamp,’’ ‘‘general service 

incandescent lamp,’’ and ‘‘incandescent 

reflector lamp.’’ 

The revisions and additions read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

3-Way incandescent lamp means an 

incandescent lamp that— 

(1) Employs two filaments, operated 

separately and in combination, to 

provide three light levels; and 

(2) Is designated on the lamp 

packaging and marketing materials as 

being a 3-way incandescent lamp. 

* * * * * 

Active mode means the condition in 

which an energy-using product— 

(1) Is connected to a main power 

source; 

(2) Has been activated; and 

(3) Provides one or more main 

functions. 

* * * * * 

Appliance lamp means any lamp 

that— 

(1) Is specifically designed to operate 

in a household appliance, has a 

maximum wattage of 40 watts, is sold at 

retail (including an oven lamp, 

refrigerator lamp, and vacuum cleaner 

lamp); and 

(2) Is designated and marketed for the 

intended application, with 

(i) The designation on the lamp 

packaging; and 

(ii) Marketing materials that identify 

the lamp as being for appliance use. 

* * * * * 

Ballast means a device used with an 

electric discharge lamp to obtain 

necessary circuit conditions (voltage, 

current, and waveform) for starting and 

operating. 

* * * * * 

BPAR incandescent reflector lamp 

means a reflector lamp as shown in 

figure C78.21–278 on page 32 of ANSI 

C78.21–2003 (incorporated by reference; 

see § 430.3). 

BR30 means a BR incandescent 

reflector lamp with a diameter of 30/ 

8ths of an inch. 

BR40 means a BR incandescent 

reflector lamp with a diameter of 40/ 

8ths of an inch. 

BR incandescent reflector lamp means 

a reflector lamp that has— 

(1) A bulged section below the major 

diameter of the bulb and above the 

approximate baseline of the bulb, as 

shown in figure 1 (RB) on page 7 of 

ANSI C79.1–1994, (incorporated by 

reference, see § 430.3); and 

(2) A finished size and shape shown 

in ANSI C78.21–1989 (incorporated by 


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reference; see § 430.3), including the 

referenced reflective characteristics in 

part 7 of ANSI C78.21–1989. 

* * * * * 

Candelabra base incandescent lamp 

means a lamp that uses a candelabra 

screw base as described in ANSI C81.61, 

Specifications for Electric Bases, 

common designations E11 and E12 

(incorporated by reference; see § 430.3). 

* * * * * 

Class A external power supply— 

(1) Means a device that— 

(i) Is designed to convert line voltage 

AC input into lower voltage AC or DC 

output; 

(ii) Is able to convert to only one AC 

or DC output voltage at a time; 

(iii) Is sold with, or intended to be 

used with, a separate end-use product 

that constitutes the primary load; 

(iv) Is contained in a separate physical 

enclosure from the end-use product; 

(v) Is connected to the end-use 

product via a removable or hard-wired 

male/female electrical connection, 

cable, cord, or other wiring; and 

(vi) Has nameplate output power that 

is less than or equal to 250 watts; 

(2) But, does not include any device 

that— 

(i) Requires Federal Food and Drug 

Administration listing and approval as a 

medical device in accordance with 

section 513 of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 360(c)); or 

(ii) Powers the charger of a detachable 

battery pack or charges the battery of a 

product that is fully or primarily motor 

operated. 

* * * * * 

Colored incandescent lamp means an 

incandescent lamp designated and 

marketed as a colored lamp that has— 

(1) A color rendering index of less 

than 50, as determined according to the 

test method given in CIE 13.3 

(incorporated by reference; see § 430.3); 

or 

(2) A correlated color temperature of 

less than 2,500K, or greater than 4,600K, 

where correlated temperature is 

computed according to the 

‘‘Computation of Correlated Color 

Temperature and Distribution 

Temperature,’’ Journal of the Optical 

Society of America, (incorporated by 

reference; see § 430.3). 

* * * * * 

Detachable battery means a battery 

that is— 

(1) Contained in a separate enclosure 

from the product; and 

(2) Intended to be removed or 

disconnected from the product for 

recharging. 

* * * * * 

Electronic ballast means a device that 

uses semiconductors as the primary 

means to control lamp starting and 

operation. 

* * * * * 

ER incandescent reflector lamp means 

a reflector lamp that has— 

(1) An elliptical section below the 

major diameter of the bulb and above 

the approximate baseline of the bulb, as 

shown in figure 1 (RE) on page 7 of 

ANSI C79.1–1994, (incorporated by 

reference; see § 430.3); and 

(2) A finished size and shape shown 

in ANSI C78.21–1989, (incorporated by 

reference; see § 430.3). 

ER30 means an ER incandescent 

reflector lamp with a diameter of 30/ 

8ths of an inch. 

ER40 means an ER incandescent 

reflector lamp with a diameter of 40/ 

8ths of an inch. 

* * * * * 

General lighting application means 

lighting that provides an interior or 

exterior area with overall illumination. 

General service fluorescent lamp 

means any fluorescent lamp which can 

be used to satisfy the majority of 

fluorescent lighting applications, but 

does not include any lamp designed and 

marketed for the following nongeneral 

application: 

(1) Fluorescent lamps designed to 

promote plant growth; 

(2) Fluorescent lamps specifically 

designed for cold temperature 

applications; 

(3) Colored fluorescent lamps; 

(4) Impact-resistant fluorescent lamps; 

(5) Reflectorized or aperture lamps; 

(6) Fluorescent lamps designed for 

use in reprographic equipment; 

(7) Lamps primarily designed to 

produce radiation in the ultra-violet 

region of the spectrum; and 

(8) Lamps with a Color Rendering 

Index of 87 or greater. 

General service incandescent lamp 

means a standard incandescent or 

halogen type lamp that is intended for 

general service applications; has a 

medium screw base; has a lumen range 

of not less than 310 lumens and not 

more than 2,600 lumens; and is capable 

of being operated at a voltage range at 

least partially within 110 and 130 volts; 

however this definition does not apply 

to the following incandescent lamps— 

(1) An appliance lamp; 

(2) A black light lamp; 

(3) A bug lamp; 

(4) A colored lamp; 

(5) An infrared lamp; 

(6) A left-hand thread lamp; 

(7) A marine lamp; 

(8) A marine signal service lamp; 

(9) A mine service lamp; 

(10) A plant light lamp; 

(11) A reflector lamp; 

(12) A rough service lamp; 

(13) A shatter-resistant lamp 

(including a shatter-proof lamp and a 

shatter-protected lamp); 

(14) A sign service lamp; 

(15) A silver bowl lamp; 

(16) A showcase lamp; 

(17) A 3-way incandescent lamp; 

(18) A traffic signal lamp; 

(19) A vibration service lamp; 

(20) A G shape lamp (as defined in 

ANSI C78.20) (incorporated by 

reference; see § 430.3) and ANSI C79.1– 

2002 (incorporated by reference; see 

§ 430.3) with a diameter of 5 inches or 

more; 

(21) A T shape lamp (as defined in 

ANSI C78.20) (incorporated by 

reference; see § 430.3) and ANSI C79.1– 

2002 (incorporated by reference; see 

§ 430.3) and that uses not more than 40 

watts or has a length of more than 10 

inches; and 

(22) A B, BA, CA, F, G16–1/2, G–25, 

G30, S, or M–14 lamp (as defined in 

ANSI C79.1–2002) (incorporated by 

reference; see § 430.3) and ANSI C78.20 

(incorporated by reference; see § 430.3) 

of 40 watts or less. 

General service lamp includes general 

service incandescent lamps, compact 

fluorescent lamps, general service lightemitting diode lamps, organic lightemitting diode lamps, and any other 

lamps that the Secretary determines are 

used to satisfy lighting applications 

traditionally served by general service 

incandescent lamps; however, this 

definition does not apply to any lighting 

application or bulb shape excluded from 

the ‘‘general service incandescent lamp’’ 

definition, or any general service 

fluorescent lamp or incandescent 

reflector lamp. 

* * * * * 

Import means to import into the 

customs territory of the United States. 

* * * * * 

Incandescent reflector lamp 

(commonly referred to as a reflector 

lamp) means any lamp in which light is 

produced by a filament heated to 

incandescence by an electric current, 

which: is not colored or designed for 

rough or vibration service applications 

that contains an inner reflective coating 

on the outer bulb to direct the light; has 

an R, PAR, ER, BR, BPAR, or similar 

bulb shapes with an E26 medium screw 

base; has a rated voltage or voltage range 

that lies at least partially in the range of 

115 and 130 volts; has a diameter that 

exceeds 2.25 inches; and has a rated 

wattage that is 40 watts or higher. 

Intermediate base incandescent lamp 

means a lamp that uses an intermediate 

screw base as described in ANSI C81.61, 

Specifications for Electric Bases, 


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common designation E17 (incorporated 

by reference; see § 430.3). 

* * * * * 

Light-emitting diode or LED means a 

p-n junction solid state device of which 

the radiated output, either in the 

infrared region, the visible region, or the 

ultraviolet region, is a function of the 

physical construction, material used, 

and exciting current of the device. 

* * * * * 

Manufacture means to manufacture, 

produce, assemble, or import. 

* * * * * 

Modified spectrum means, with 

respect to an incandescent lamp, an 

incandescent lamp that— 

(1) Is not a colored incandescent 

lamp; and 

(2) When operated at the rated voltage 

and wattage of the incandescent lamp— 

(A) Has a color point with (x,y) 

chromaticity coordinates on the C.I.E. 

1931 chromaticity diagram, figure 2, 

page 3 of IESNA LM–16 (incorporated 

by reference; see § 430.3) that lies below 

the black-body locus; and 

(B) Has a color point with (x,y) 

chromaticity coordinates on the C.I.E. 

1931 chromaticity diagram, figure 2, 

page 3 of IESNA LM–16 (incorporated 

by reference; see § 430.3) that lies at 

least 4 MacAdam steps, as referenced in 

IESNA LM–16, distant from the color 

point of a clear lamp with the same 

filament and bulb shape, operated at the 

same rated voltage and wattage. 

* * * * * 

Off mode means the condition in 

which an energy using product— 

(1) Is connected to a main power 

source; and 

(2) Is not providing any stand-by or 

active mode function. 

* * * * * 

Organic light-emitting diode or OLED 

means a thin-film light-emitting device 

that typically consists of a series of 

organic layers between 2 electrical 

contacts (electrodes). 

* * * * * 

R20 incandescent reflector lamp 

means a reflector lamp that has a face 

diameter of approximately 2.5 inches, as 

shown in figure 1(R) on page 7 of ANSI 

C79.1–1994 (incorporated by reference; 

see § 430.3). 

* * * * * 

Rough service lamp means a lamp 

that— 

(1) Has a minimum of 5 supports with 

filament configurations that are C–7A, 

C–11, C–17, and C–22 as listed in Figure 

6–12 of the IESNA Lighting Handbook 

(incorporated by reference; see § 430.3), 

or similar configurations where lead 

wires are not counted as supports; and 

(2) Is designated and marketed 

specifically for ‘rough service’ 

applications, with 

(i) The designation appearing on the 

lamp packaging; and 

(ii) Marketing materials that identify 

the lamp as being for rough service. 

* * * * * 

Shatter-resistant lamp, shatter-proof 

lamp, or shatter-protected lamp means 

a lamp that— 

(1) Has a coating or equivalent 

technology that is compliant with NSF/ 

ANSI 51 (incorporated by reference; see 

§ 430.3) and is designed to contain the 

glass if the glass envelope of the lamp 

is broken; and 

(2) Is designated and marketed for the 

intended application, with 

(i) The designation on the lamp 

packaging; and 

(ii) Marketing materials that identify 

the lamp as being shatter-resistant, 

shatter-proof, or shatter-protected. 

* * * * * 

Specialty application mercury vapor 

lamp ballast means a mercury vapor 

lamp ballast that— 

(1) Is designed and marketed for 

operation of mercury vapor lamps used 

in quality inspection, industrial 

processing, or scientific use, including 

fluorescent microscopy and ultraviolet 

curing; and 

(2) In the case of a specialty 

application mercury vapor lamp ballast, 

the label of which— 

(i) Provides that the specialty 

application mercury vapor lamp ballast 

is ‘For specialty applications only, not 

for general illumination’; and 

(ii) Specifies the specific applications 

for which the ballast is designed. 

Standby mode means the condition in 

which an energy-using product— 

(1) Is connected to a main power 

source; and 

(2) Offers one or more of the following 

user-oriented or protective functions: 

(i) To facilitate the activation or 

deactivation of other functions 

(including active mode) by remote 

switch (including remote control), 

internal sensor, or timer; or 

(ii) Continuous functions, including 

information or status displays 

(including clocks) or sensor-based 

functions. 

* * * * * 

Vibration service lamp means a lamp 

that— 

(1) Has filament configurations that 

are C–5, C–7A, or C–9, as listed in 

Figure 6–12 of the IESNA Lighting 

Handbook (incorporated by reference; 

see § 430.3) or similar configurations; 

(2) Has a maximum wattage of 60 

watts; 

(3) Is sold at retail in packages of 2 

lamps or less; and 

(4) Is designated and marketed 

specifically for vibration service or 

vibration-resistant applications, with— 

(i) The designation appearing on the 

lamp packaging; and 

(ii) Marketing materials that identify 

the lamp as being vibration service only. 

* * * * * 

■ 3. A new § 430.3 is added to read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

(a) General. We incorporate by 

reference the following standards into 

Part 430. The material listed has been 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material is 

incorporated as it exists on the date of 

the approval and a notice of any change 

in the material will be published in the 

Federal Register. All approved material 

is available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, this material is 

available for inspection at U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024, (202) 586–2945, 

or go to: http://www1.eere.energy.gov/ 

buildings/appliance_standards/. 

Standards can be obtained from the 

sources below. 

(b) AHRI. Air-Conditioning, Heating, 

and Refrigeration Institute, 2111 Wilson 

Blvd, Suite 500, Arlington, VA 22201, 

703–524–8800, or go to http:// 

www.ahrinet.org. 

(1) ARI 210/240–2006, Unitary AirConditioning and Air-Source Heat 

Pump Equipment, approved March 26, 

1998, IBR approved for Appendix M to 

Subpart B. 

(2) [Reserved] 

(c) ANSI. American National 

Standards Institute, 25 W. 43rd Street, 

4th Floor, New York, NY 10036, 212– 

642–4900, or go to http://www.ansi.org. 

(1) ANSI C78.1–1991, for Fluorescent 

Lamps—Rapid-Start Types— 

Dimensional and Electrical 

Characteristics, approved July 15, 1991, 


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IBR approved for § 430.2 and Appendix 

R to Subpart B. 

(2) ANSI C78.2–1991, for Fluorescent 

Lamps—Preheat-Start Types— 

Dimensional and Electrical 

Characteristics of Fluorescent Lamps, 

approved July 15, 1991, IBR approved 

for § 430.2 and Appendix R to Subpart 

B. 

(3) ANSI C78.3–1991, for Fluorescent 

Lamps—Instant-Start and Cold-Cathode 

Types—Dimensional and Electrical 

Characteristics, approved July 15, 1991, 

IBR approved for § 430.2 and Appendix 

R to Subpart B. 

(4) ANSI C78.20–2003, Revision of 

ANSI C78.20–1995 (‘‘ANSI C78.20’’), 

American National Standard for electric 

lamps—A, G, PS, and Similar Shapes 

with E26 Medium Screw Bases, 

approved October 30, 2003; IBR 

approved for § 430.2. 

(5) ANSI C78.21–1989, American 

National Standard for Electric Lamps— 

PAR and R Shapes, approved March 3, 

1989, IBR approved for § 430.2. 

(6) ANSI C78.21–2003, Revision of 

ANSI C78.21–1995 with all 

supplements, American National 

Standard for Electric Lamps—PAR and 

R Shapes, approved October 30, 2003, 

IBR approved for § 430.2. 

(7) ANSI C78.375–1991, for 

Fluorescent Lamps—Guide for Electrical 

Measurements, approved July 15, 1991, 

IBR approved for § 430.2 and Appendix 

R to Subpart B. 

(8) ANSI C79.1–1994, American 

National Standard for Nomenclature for 

Glass Bulbs—Intended for Use with 

Electric Lamps, approved March 24, 

1994, IBR approved for § 430.2. 

(9) ANSI C79.1–2002, American 

National Standard for Electric Lamps— 

Nomenclature for Glass Bulbs Intended 

for Use with Electric Lamps, approved 

September 16, 2002, IBR approved for 

§ 430.2. 

(10) ANSI_ANSLG_ C81.61–2006, 

Revision of ANSI C81.61–2005, (‘‘ANSI 

C81.61’’), American National Standard 

for electrical lamp bases—Specifications 

for Bases (Caps) for Electric Lamps, 

approved August 25, 2006, IBR 

approved for § 430.2. 

(11) ANSI C82.3–1983, for Reference 

Ballasts for Fluorescent Lamps, 

approved May 16, 1983, IBR approved 

for Appendix R to Subpart B. 

(12) ANSI Z21.56–1994, Gas-Fired 

Pool Heaters, section 2.9, approved 

December 5, 1994, IBR approved for 

Appendix P to Subpart B. 

(d) ASHRAE. American Society of 

Heating, Refrigerating and AirConditioning Engineers, Inc., 

Publication Sales, 1791 Tullie Circle, 

NE., Atlanta, GA 30329, 800–527–4723 

or 404–636–8400, or go to http:// 

www.ashrae.org. 

(1) ASHRAE 23–2005, Methods of 

Testing for Rating Positive Displacement 

Refrigerant Compressors and 

Condensing Units, approved February 

10, 2005, IBR approved for Appendix M 

to Subpart B. 

(2) ASHRAE 37–2005, Methods of 

Testing for Rating Unitary AirConditioning and Heat Pump 

Equipment, approved March 11, 2005, 

IBR approved for Appendix M to 

Subpart B. 

(3) ASHRAE 41.1–1986 (Reaffirmed 

2001), Standard Method for 

Temperature Measurement, approved 

February 18, 1987, IBR approved for 

Appendix E and Appendix M to Subpart 

B. 

(4) ASHRAE 41.2–1987 (Reaffirmed 

1992), Standard Methods for Laboratory 

Airflow Measurement, approved 

October 1, 1987, IBR approved for 

Appendix M to Subpart B. 

(5) ASHRAE 41.6–1994 (Reaffirmed 

2001), Standard Method for 

Measurement of Moist Air Properties, 

approved August 30, 1994, IBR 

approved for Appendix M to Subpart B. 

(6) ASHRAE 41.9–2000, Calorimeter 

Test Methods for Mass Flow 

Measurements of Volatile Refrigerants, 

approved October 6, 2000, IBR approved 

for Appendix M to Subpart B. 

(7) ASHRAE/AMCA 51–1999/210– 

1999, Laboratory Methods of Testing 

Fans for Aerodynamic Performance 

Rating, approved December 2, 1999, IBR 

approved for Appendix M to Subpart B. 

(8) ASHRAE 103–1993, Methods of 

Testing for Annual Fuel Utilization 

Efficiency of Residential Central 

Furnaces and Boilers, (with Errata of 

October 24, 1996) except for sections 

3.0, 7.2.2.5, 8.6.1.1, 9.1.2.2, 9.5.1.1, 

9.5.1.2.1, 9.5.1.2.2, 9.5.2.1, 9.7.1, 10.0, 

11.2.12, 11.3.12, 11.4.12, 11.5.12 and 

appendices B and C, approved October 

4, 1993, IBR approved for § 430.23 and 

Appendix N to Subpart B. 

(9) ASHRAE 116–1995 (RA 2005), 

Methods of Testing for Rating Seasonal 

Efficiency of Unitary Air Conditioners 

and Heat Pumps, approved July 24, 

1995, IBR approved for Appendix M to 

Subpart B. 

(e) ASME. American Society of 

Mechanical Engineers, Service Center, 

22 Law Drive, P.O. Box 2900, Fairfield, 

NJ 07007, 973–882–1170, or go to 

http://www.asme.org. 

(1) ASME/ANSI A112.18.1M–1996, 

Plumbing Fixture Fittings, approved 

April 4, 1996, IBR approved for 

Appendix S to Subpart B. 

(2) ASME/ANSI A112.19.6–1995, 

Hydraulic Requirements for Water 

Closets and Urinals, approved April 6, 

1995, IBR approved for § 430.2 and 

Appendix T to Subpart B. 

(f) AHAM. Association of Home 

Appliance Manufacturers, 1111 19th 

Street, NW., Suite 402, Washington, DC 

20036, 202–872–5955, or go to http:// 

www.aham.org. 

(1) ANSI/AHAM DW–1–1992, 

American National Standard, 

Household Electric Dishwashers, 

approved February 6, 1992, IBR 

approved for Appendix C to Subpart B 

and § 430.32. 

(2) [Reserved] 

(g) CEC. California Energy 

Commission, 1516 Ninth Street, MS–25, 

Sacramento, CA 95814, 916–654–4091, 

or go to http://www.energy.ca.gov. 

(1) CEC Test Method for Calculating 

the Energy Efficiency of Single-Voltage 

External Ac-Dc and Ac-Ac Power 

Supplies, August 11, 2004, IBR 

approved for Appendix Z to Subpart B. 

(2) [Reserved] 

(h) CIE. Commission Internationale de 

l’Eclairage (CIE), Central Bureau, 

Kegelgasse 27, A–1030, Vienna, Austria, 

011+43 1 714 31 87 0, or go to http:// 

www.cie.co.at. 

(1) CIE Publication No. 13.2–1974, 

corrected reprint 1993, Method of 

Measuring and Specifying Color 

Rendering Properties of Light Sources, 

approved March 27, 1975, ISBN 3 900 

734 39 9, IBR approved for § 430.2 and 

Appendix R to Subpart B. 

(2) CIE 13.3–1995 (‘‘CIE 13.3’’), 

Commission Internationale de 

l’Eclairage International Commission on 

Illumination Internationale 

Beleuchtungskommission Technical 

Report: Method of Measuring and 

Specifying Colour Rendering Properties 

of Light Sources, 1995, ISBN 3 900 734 

57 7, IBR approved for § 430.2. 

(2) [Reserved]. 

(i) Environmental Protection Agency 

(EPA), ENERGY STAR documents 

published by the Environmental 

Protection Agency are available online 

at http://www.energystar.gov or by 

contacting the Energy Star hotline at 1– 

888–782–7937. 

(1) ENERGY STAR Testing Facility 

Guidance Manual: Building a Testing 

Facility and Performing the Solid State 

Test Method for ENERGY STAR 

Qualified Ceiling Fans, Version 1.1, 

approved December 9, 2002, IBR 

approved for Appendix U to Subpart B. 

(2) ENERGY STAR Program 

Requirements for Residential Light 

Fixtures, Version 4.0, approved January 

10, 2005, IBR approved for Appendix V 

to Subpart B. 

(3) ENERGY STAR Program 

Requirements for Dehumidifiers, 

approved January 1, 2001, IBR approved 

for Appendix X to Subpart B. 


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(4) Energy Star Program Requirements 

for Single Voltage External Ac-Dc and 

Ac-Ac Power Supplies, Eligibility 

Criteria (Version 2.0), effective date for 

EPS Manufacturers November 1, 2008, 

IBR approved for Subpart C, § 430.32. 

(5) Test Methodology for Determining 

the Energy Performance of Battery 

Charging Systems, approved December 

2005, IBR approved for Appendix Y to 

Subpart B. 

(j) IESNA. Illuminating Engineering 

Society of North America, 120 Wall 

Street, Floor 17, New York, NY 10005– 

4001, 212–248–5000, or go to http:// 

www.iesna.org. 

(1) The IESNA Lighting Handbook, 

Reference & Application, (‘‘The IESNA 

Lighting Handbook’’), 9th ed., Chapter 

6, ‘‘Light Sources,’’ July 2000, IBR 

approved for § 430.2. 

(2) IES LM–9–88, IES Approved 

Method for the Electrical and 

Photometric Measurements of 

Fluorescent Lamps, approved December 

7, 1988, IBR approved for Appendix R 

to Subpart B. 

(3) IESNA LM–16–1993 (‘‘IESNA LM– 

16’’), IESNA Practical Guide to 

Colorimetry of Light Sources, December 

1993, IBR approved for § 430.2 and 

Appendix R to Subpart B. 

(4) IES LM–20–1994, IESNA 

Approved Method for Photometric 

Testing of Reflector-Type Lamps, 

approved December 3, 1994, IBR 

approved for Appendix R to Subpart B. 

(5) IES LM–45–91, IES Approved 

Method for Electrical and Photometric 

Measurements of General Service 

Incandescent Filament Lamps, approved 

December 8, 1990, IBR approved for 

Appendix R to Subpart B. 

(6) IES LM–58–1994, IESNA Guide to 

Spectroradiometric Measurements, 

approved December 3, 1994, IBR 

approved for Appendix R to Subpart B. 

(7) IES LM–66–1991, IES Approved 

Method for the Electrical and 

Photometric Measurements of SingleEnded Compact Fluorescent Lamps, 

approved June 1991, IBR approved for 

Appendix R to Subpart B. 

(k) IEC. International Electrotechnical 

Commission, available from the 

American National Standards Institute, 

11 W. 42nd Street, New York, NY 

10036, 212–642–4936 or go to http:// 

www.iec.ch. 

(1) IEC 705, Methods for Measuring 

the Performance of Microwave Ovens 

for Household and Similar Purposes, 

Section 4, Methods of Measurement, 

Paragraph 13, Electrical Power Input 

Measurement, and Paragraph 14, 

Efficiency, approved December 14, 

1988, IBR approved for Appendix I to 

Subpart B. 

(2) IEC 705, Amendment 2, Methods 

for Measuring the Performance of 

Microwave Ovens for Household and 

Similar Purposes, Section 4, Methods of 

Measurement, Paragraph 12, Microwave 

Power Output Measurement, approved 

September 21, 1993, IBR approved for 

Appendix I to Subpart B to Subpart B. 

(l) NSF International. NSF 

International, P.O. Box 130140, 789 

North Dixboro Road, Ann Arbor, MI 

48113–0140, 1–800–673–6275, or go to 

http://www.nsf.org. 

(1) NSF/ANSI 51–2007 (‘‘NSF/ANSI 

51’’), Food equipment materials, revised 

and adopted April 2007, IBR approved 

for § 430.2. 

(2) [Reserved]. 

(m) Optical Society of America. 

Optical Society of America, 2010 

Massachusetts Ave., NW., Washington, 

DC 20036–1012, 202–223–8130, or go to 

http://www.opticsinfobase.org; 

(1) ‘‘Computation of Correlated Color 

Temperature and Distribution 

Temperature,’’ A.R. Robertson, Journal 

of the Optical Society of America, 

Volume 58, Number 11, November 

1968, pages 1528–1535, IBR approved 

for § 430.2. 

(2) [Reserved]. 

(n) U.S. Department of Energy, Office 

of Energy Efficiency and Renewable 

Energy, Resource Room of the Building 

Technologies Program, 950 L’Enfant 

Plaza, SW., 6th Floor, Washington, DC 

20024, 202–586–2945, or go to http:// 

www.energystar.gov. 

(1) ENERGY STAR Program 

Requirements for [Compact Fluorescent 

Lamps] CFLs, Version 3.0, approved 

October 30, 2003, IBR approved for 

Appendix V to Subpart B. 

(2) ENERGY STAR Program 

Requirements for [Compact Fluorescent 

Lamps] CFLs, approved August 9, 2001, 

IBR approved for Appendix W to 

Subpart B. 

■ 4. A new § 430.4 is added to read as 

follows: 

§ 430.4 Sources for information and 

guidance. 

(a) General. The standards listed in 

this paragraph are referred to in the DOE 

test procedures and elsewhere in this 

part but are not incorporated by 

reference. These sources are given here 

for information and guidance. 

(b) IESNA. Illuminating Engineering 

Society of North America, 120 Wall 

Street, Floor 17, New York, NY 10005– 

4001, 212–248–5000, or go to http:// 

www.iesna.org. 

(1) Illuminating Engineering Society 

of North America Lighting Handbook, 

8th Edition, 1993. 

(2) [Reserved]. 

(c) IEEE. Institute of Electrical and 

Electronics Engineers, Inc., 3 Park 

Avenue, 17th Floor, New York, NY, 

10016–5997, 212–419–7900, or go to 

http://www.ieee.org. 

(1) IEEE 1515–2000, IEEE 

Recommended Practice for Electronic 

Power Subsystems: Parameter 

Definitions, Test Conditions, and Test 

Methods, March 30, 2000. 

(2) IEEE 100, Authoritative Dictionary 

of IEEE Standards Terms, 7th Edition, 

January 1, 2006. 

(d) IEC. International Electrotechnical 

Commission, available from the 

American National Standards Institute, 

11 W. 42nd Street, New York, NY 

10036, 212–642–4936, or go to http:// 

www.iec.ch. 

(1) IEC 62301, Household electrical 

appliances—Measurement of standby 

power, First Edition, June 13, 2005. 

(2) IEC 60050, International 

Electrotechnical Vocabulary. 

(e) National Voluntary Laboratory 

Accreditation Program, Standards 

Services Division, NIST, 100 Bureau 

Drive, Stop 2140, Gaithersburg, MD 

20899–2140, 301–975–4016, or go to 

http://ts.nist.gov/standards/ 

accreditation. 

(1) National Voluntary Laboratory 

Accreditation Program Handbook 150– 

01, Energy Efficient Lighting Products, 

Lamps and Luminaires, August 1993. 

(2) [Reserved]. 

§ 430.22 [Removed] 

■ 5. Section 430.22 is removed. 

■ 6. Appendix Z to subpart B of part 430 

is amended by revising paragraphs 2(a) 

and 2(c) to read as follows: 

Appendix Z to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of External Power 

Supplies 

* * * * * 

2. * * * 

a. Active mode means the mode of 

operation when an external power supply is 

connected to the main electricity supply and 

the output is connected to a load. 

* * * 

c. No-load mode means the mode of 

operation when an external power supply is 

connected to the main electricity supply and 

the output is not connected to a load. 

* * * * * 

■ 4. Section 430.32 of subpart C is 

amended by: 

■ a. Adding after the paragraph (f) 

heading the designation ‘‘(1)’’ before the 

existing (f) introductory text; 

■ b. Removing the designations ‘‘(1)’’ 

and ‘‘(2)’’ in the table in paragraph (f) 

and adding in their place ‘‘(i)’’ and 

‘‘(ii)’’, respectively; 

■ c. Adding a new paragraph (f)(2); 

■ d. Adding a new paragraph (g)(4); 

■ e. Revising the heading to paragraph 

(m)(1) introductory text; 


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■ f. Adding a new paragraph (n)(3); 

■ g. Revising paragraph (s)(1)(iii)(B); 

■ h. Revising paragraph (s)(3)(ii); 

■ i. Adding after the paragraph (v) 

heading the designation ‘‘(1)’’ before the 

existing (v) introductory text; 

■ j. Adding a new paragraph (v)(2); and 

■ k. Adding new paragraphs (w) and (x). 

The revisions and additions read as 

follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(f) * * * 

(1) * * * 

(2) All dishwashers manufactured on 

or after January 1, 2010, shall meet the 

following standard— 

(i) Standard size dishwashers shall 

not exceed 355 kwh/year and 6.5 

gallons per cycle. 

(ii) Compact size dishwashers shall 

not exceed 260 kwh/year and 4.5 

gallons per cycle. 

(g) * * * 

(4) All top-loading or front-loading 

standard-size residential clothes 

washers manufactured on or after 

January 1, 2011, shall meet the 

following standard— 

(i) A Modified Energy Factor of at 

least 1.26; and 

(ii) A water factor of not more than 

9.5. 

* * * * * 

(m)(1) Fluorescent lamp ballasts 

(other than specialty application 

mercury vapor lamp ballasts). * * * 

* * * * * 

(n) * * * 

(3)(i) The standards specified in this 

section shall not apply to the following 

types of incandescent reflector lamps: 

(A) Lamps rated at 50 watts or less 

that are ER30, BR30, BR40, or ER40 

lamps; 

(B) Lamps rated at 65 watts that are 

BR30, BR40, or ER40 lamps; and 

(C) R20 incandescent reflector lamps 

rated 45 watts or less. 

(ii)(A) The standards specified in this 

section shall apply with respect to ER 

incandescent reflector lamps, BR 

incandescent reflector lamps, BPAR 

incandescent reflector lamps, and 

similar bulb shapes on and after January 

1, 2008. 

(B) The standards specified in this 

section shall apply with respect to 

incandescent reflector lamps with a 

diameter of more than 2.25 inches, but 

not more than 2.75 inches, on and after 

June 15, 2008. 

* * * * * 

(s) * * * 

(1) * * * 

(iii) * * * 

(B) Fans sold for outdoor applications; 

and 

* * * * * 

(3) * * * 

(ii) Shall be packaged to include the 

lamps described in paragraph (s)(3)(i) of 

this section with the ceiling fan light 

kits to fill all sockets. 

* * * * * 

(v) * * * 

(1) * * * 

(2) Dehumidifiers manufactured on or 

after October 1, 2012, shall have an 

energy factor that meets or exceeds the 

following values: 

Product capacity 

(pints/day) 

Minimum energy factor 

(liters/kWh) 

Up to 35.00 ........... 1 .35 

35.01–45.00 .......... 1 .50 

45.01–54.00 .......... 1 .60 

54.01–75.00 .......... 1 .70 

75.00 or more ....... 2 .5 

(w) Class A external power supplies. 

(1)(i) Except as provided in paragraph 

(w)(1)(ii) of this section, all class A 

external power supplies manufactured 

on or after July 1, 2008, shall meet the 

following standards: 

Active Mode 

Nameplate Output Required efficiency (decimal equivalent of a percentage) 

Less than 1 watt ....................................................................................... 0.5 times the Nameplate output. 

From 1 watt to not more than 51 watts .................................................... The sum of 0.09 times the Natural Logarithm of the Nameplate Output 

and 0.5. 

Greater than 51 watts ............................................................................... 0.85. 

No-Load Mode 

Nameplate output Maximum consumption 

Not more than 250 watts .......................................................................... 0.5 watts. 

(ii) A class A external power supply 

shall not be subject to the standards in 

paragraph w(1)(i) if the class A external 

power supply is— 

(A) Manufactured during the period 

beginning on July 1, 2008, and ending 

on June 30, 2015, and 

(B) Made available by the 

manufacturer as a service part or a spare 

part for an end-use product— 

(1) That constitutes the primary load; 

and 

(2) Was manufactured before July 1, 

2008. 

(3) The standards described in 

paragraph (w)(1)(i) shall not constitute 

an energy conservation standard for the 

separate end-use product to which the 

external power supply is connected. 

(4) Any class A external power supply 

manufactured on or after July 1, 2008 

shall be clearly and permanently 

marked in accordance with the External 

Power Supply International Efficiency 

Marking Protocol, as referenced in the 

‘Energy Star Program Requirements for 

Single Voltage External Ac–Dc and Ac– 

Ac Power Supplies,’ (incorporated by 

reference; see § 430.3), published by the 

Environmental Protection Agency. 

(x) General service incandescent 

lamps, intermediate base incandescent 

lamps and candelabra base 

incandescent lamps. (1) The energy 

conservation standards in this 

paragraph apply to general service 

incandescent lamps: 

(i) Intended for a general service or 

general illumination application 

(whether incandescent or not); 

(ii) Has a medium screw base or any 

other screw base not defined in ANSI 

C81.61 (incorporated by reference; see 

§ 430.3); and 

(iii) Is capable of being operated at a 

voltage at least partially within the 

range of 110 to 130 volts. 

(A) General service incandescent 

lamps manufactured after the effective 

dates specified in the tables below, 

except as described in paragraph 

(x)(1)(B) of this section, shall have a 

color rendering index greater than or 

equal to 80 and shall have rated wattage 

no greater than and rated lifetime no 

less than the values shown in the table 

below: 


dwashington3 on PROD1PC60 with RULES
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GENERAL SERVICE INCANDESCENT LAMPS

Rated lumen ranges Maximum rate 

wattage Minimum rate life-time Effective date 

1490–2600 .................................................................... 72 1,000 hrs ....................................................................... 1/1/2012 

1050–1489 .................................................................... 53 1,000 hrs ....................................................................... 1/1/2013 

750–1049 ...................................................................... 43 1,000 hrs ....................................................................... 1/1/2014 

310–749 ........................................................................ 29 1,000 hrs ....................................................................... 1/1/2014 

(B) Modified spectrum general service 

incandescent lamps manufactured after 

the effective dates specified shall have 

a color rendering index greater than or 

equal to 75 and shall have a rated 

wattage no greater than and rated 

lifetime no less than the values shown 

in the table below: 

MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS

Rated lumen ranges Maximum rate 

wattage Minimum rate life-time Effective date 

1118–1950 .................................................................... 72 1,000 hrs ....................................................................... 1/1/2012 

788–1117 ...................................................................... 53 1,000 hrs ....................................................................... 1/1/2013 

563–787 ........................................................................ 43 1,000 hrs ....................................................................... 1/1/2014 

232–562 ........................................................................ 29 1,000 hrs ....................................................................... 1/1/2014 

(2) Each candelabra base incandescent 

lamp shall not exceed 60 rated watts. 

(3) Each intermediate base 

incandescent lamp shall not exceed 40 

rated watts. 

■ 7. Section 430.33 of subpart C is 

amended by: 

■ a. Removing the text ‘‘sections 327(b) 

and (c) of the Act’’ and adding in its 

place ‘‘sections 325(i)(6)(A)(vi), 327(b) 

and (c) of the Act’’; 

■ b. Adding the paragraph designation 

‘‘(a)’’ before the existing text; and 

■ c. Adding a new paragraph (b) to read 

as follows: 

§ 430.33 Preemption of State regulations. 

* * * * * 

(b) No State regulation, or revision 

thereof, concerning the energy 

efficiency, energy use, or water use of 

the covered product shall be effective 

with respect to such covered product, 

unless the State regulation or revision in 

the case of any portion of any regulation 

that establishes requirements for general 

service incandescent lamps, 

intermediate base incandescent lamps, 

or candelabra base lamps, was enacted 

or adopted by the State of California or 

Nevada before December 4, 2007, except 

that— 

(1) The regulation adopted by the 

California Energy Commission with an 

effective date of January 1, 2008, shall 

only be effective until the effective date 

of the Federal standard for the 

applicable lamp category under 

paragraphs (A), (B), and (C) of section 

325(i)(1) of EPCA; 

(2) The States of California and 

Nevada may, at any time, modify or 

adopt a State standard for general 

service lamps to conform with Federal 

standards with effective dates no earlier 

than 12 months prior to the Federal 

effective dates prescribed under 

paragraphs (A), (B), and (C) of section 

325(i)(1) of EPCA, at which time any 

prior regulations adopted by the State of 

California or Nevada shall no longer be 

effective; and 

(3) All other States may, at any time, 

modify or adopt a State standard for 

general service lamps to conform with 

Federal standards and effective dates. 

■ 8. Add a new § 430.35 to subpart C to 

read as follows: 

§ 430.35 Petitions with respect to general 

service lamps. 

(a) Any person may petition the 

Secretary for an exemption for a type of 

general service lamp from the 

requirements of this subpart. The 

Secretary may grant an exemption only 

to the extent that the Secretary finds, 

after a hearing and opportunity for 

public comment, that it is not 

technically feasible to serve a 

specialized lighting application (such as 

a military, medical, public safety or 

certified historic lighting application) 

using a lamp that meets the 

requirements of this subpart. To grant 

an exemption for a product under this 

paragraph, the Secretary shall include, 

as an additional criterion, that the 

exempted product is unlikely to be used 

in a general service lighting application. 

(b) Any person may petition the 

Secretary to establish standards for lamp 

shapes or bases that are excluded from 

the definition of general service lamps. 

The petition shall include evidence that 

the availability or sales of exempted 

lamps have increased significantly since 

December 19, 2007. The Secretary shall 

grant a petition if the Secretary finds 

that: 

(1) The petition presents evidence 

that demonstrates that commercial 

availability or sales of exempted 

incandescent lamp types have increased 

significantly since December 19, 2007 

and are being widely used in general 

lighting applications; and 

(2) Significant energy savings could 

be achieved by covering exempted 

products, as determined by the 

Secretary based on sales data provided 

to the Secretary from manufacturers and 

importers. 

■ 9. Amend § 430.61 by revising 

paragraphs (a)(3) and (4) and by adding 

new paragraphs (a)(5) and (6) to read as 

follows: 

§ 430.61 Prohibited acts. 

(a) * * * 

(3) Failure of a manufacturer to permit 

a representative designated by the 

Secretary to observe any testing required 

by the Act and this rule and inspect the 

results of such testing; 

(4) Distribution in commerce by a 

manufacturer or private labeler of any 

new covered product which is not in 

compliance with an applicable energy 

efficiency standard or water 

conservation standard (in the case of 

faucets, showerheads, water closets, and 

urinals) prescribed under the Act and 

this rule; or 

(5) For any manufacturer, distributor, 

retailer, or private labeler to distribute 

in commerce an adapter that— 

(i) Is designed to allow an 

incandescent lamp that does not have a 

medium screw base to be installed into 

a fixture or lamp holder with a medium 

screw base socket; and 


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Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 12071 

(ii) Is capable of being operated at a 

voltage range at least partially within 

110 and 130 volts. 

(6) For any manufacturer or private 

labeler to knowingly sell a product to a 

distributor, contractor, or dealer with 

knowledge that the entity routinely 

violates any regional standard 

applicable to the product. 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 10. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 11. Section 431.2 is amended by 

adding in alphabetical order a definition 

of ‘‘import’’ and revising the definition 

of ‘‘covered equipment’’ to read as 

follows: 

§ 431.2 Definitions. 

* * * * * 

Covered equipment means any 

electric motor, as defined in § 431.12; 

commercial heating, ventilating, and air 

conditioning, and water heating product 

(HVAC & WH product), as defined in 

§ 431.172; commercial refrigerator, 

freezer, or refrigerator-freezer, as 

defined in § 431.62; automatic 

commercial ice maker, as defined in 

§ 431.132; commercial clothes washer, 

as defined in § 431.152; distribution 

transformer, as defined in § 431.192; 

illuminated exit sign, as defined in 

§ 431.202; traffic signal module or 

pedestrian module, as defined in 

§ 431.222; unit heater, as defined in 

§ 431.242; commercial prerinse spray 

valve, as defined in § 431.262; mercury 

vapor lamp ballast, as defined in 

§ 431.282; refrigerated bottled or canned 

beverage vending machine, as defined 

in § 431.292; walk-in cooler and walk-in 

freezer, as defined in § 431.302; metal 

halide ballast and metal halide lamp 

fixture, as defined in § 431.322. 

* * * * * 

Import means to import into the 

customs territory of the United States. 

* * * * * 

■ 12. Section 431.12 of subpart B is 

amended by removing the definition of 

‘‘electric motor,’’ and adding, in 

alphabetical order definitions of ‘‘fire 

pump motors,’’ ‘‘general purpose 

electric motor (subtype I),’’ ‘‘general 

purpose electric motor (subtype II),’’ 

and ‘‘NEMA design B general purpose 

electric motor’’ to read as follows: 

§ 431.12 Definitions. 

* * * * * 

Fire pump motors [Reserved]. 

General purpose electric motor 

(subtype I) means any motor which is 

designed in standard ratings with either: 

(1) Standard operating characteristics 

and standard mechanical construction 

for use under usual service conditions, 

such as those specified in NEMA 

Standards Publication MG1–1993, 

paragraph 14.02, ‘‘Usual Service 

Conditions,’’ (incorporated by reference; 

see § 431.15) and without restriction to 

a particular application or type of 

application; or 

(2) Standard operating characteristics 

or standard mechanical construction for 

use under unusual service conditions, 

such as those specified in NEMA 

Standards Publication MG1–1993, 

paragraph 14.03, ‘‘Unusual Service 

Conditions,’’ (incorporated by reference; 

see § 431.15) or for a particular type of 

application, and which can be used in 

most general purpose applications. 

General purpose electric motor 

(subtype II) means any motor 

incorporating the design elements of a 

general purpose electric motor (subtype 

I) that are configured as one of the 

following: 

(i) A U-frame motor; 

(ii) A design C motor; 

(iii) A close-coupled pump motor; 

(iv) A footless motor; 

(v) A vertical solid shaft normal thrust 

motor (as tested in a horizontal 

configuration); 

(vi) An 8-pole motor (900 rpm); or 

(vii) A poly-phase motor with voltage 

of not more than 600 volts (other than 

230 or 460 volts). 

* * * * * 

NEMA design B general purpose 

electric motor [Reserved]. 

* * * * * 

■ 13. Section 431.25 is amended by: 

■ a. Redesignating paragraph (c) as (g). 

■ b. Adding new paragraphs (c), (d), (e), 

(f), to read as follows: 

§ 431.25 Energy conservation standards 

and effective dates. 

* * * * * 

(c) Each general purpose electric 

motor (subtype I), except as provided in 

paragraph (d) of this section, with a 

power rating of 1 horsepower or greater, 

but not greater than 200 horsepower, 

manufactured (alone or as a component 

of another piece of equipment) on or 

after December 19, 2010, shall have a 

nominal full load efficiency that is not 

less than the following: 

FULL-LOAD EFFICIENCIES OF GENERAL PURPOSE ELECTRIC MOTORS

[Subtype I] 

Motor horsepower 

Nominal full load efficiency 

Open motors 

(number of poles) 

Enclosed motors 

(number of poles) 

6 4 2 6 4 2 

1 ............................................................... 82.5 85.5 77.0 82.5 85.5 77.0 

1.5 ............................................................ 86.5 86.5 84.0 87.5 86.5 84.0 

2 ............................................................... 87.5 86.5 85.5 88.5 86.5 85.5 

3 ............................................................... 88.5 89.5 85.5 89.5 89.5 86.5 

5 ............................................................... 89.5 89.5 86.5 89.5 89.5 88.5 

7.5 ............................................................ 90.2 91.0 88.5 91.0 91.7 89.5 

10 ............................................................. 91.7 91.7 89.5 91.0 91.7 90.2 

15 ............................................................. 91.7 93.0 90.2 91.7 92.4 91.0 

20 ............................................................. 92.4 93.0 91.0 91.7 93.0 91.0 

25 ............................................................. 93.0 93.6 91.7 93.0 93.6 91.7 

30 ............................................................. 93.6 94.1 91.7 93.0 93.6 91.7 

40 ............................................................. 94.1 94.1 92.4 94.1 94.1 92.4 

50 ............................................................. 94.1 94.5 93.0 94.1 94.5 93.0 

60 ............................................................. 94.5 95.0 93.6 94.5 95.0 93.6 

75 ............................................................. 94.5 95.0 93.6 94.5 95.4 93.6 

100 ........................................................... 95.0 95.4 93.6 95.0 95.4 94.1 


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FULL-LOAD EFFICIENCIES OF GENERAL PURPOSE ELECTRIC MOTORS—Continued 

[Subtype I] 

Motor horsepower 

Nominal full load efficiency 

Open motors 

(number of poles) 

Enclosed motors 

(number of poles) 

6 4 2 6 4 2 

125 ........................................................... 95.0 95.4 94.1 95.0 95.4 95.0 

150 ........................................................... 95.4 95.8 94.1 95.8 95.8 95.0 

200 ........................................................... 95.4 95.8 95.0 95.8 96.2 95.4 

(d) Each fire pump motor 

manufactured (alone or as a component 

of another piece of equipment) on or 

after December 19, 2010, shall have a 

nominal full load efficiency that is not 

less than the following: 

FULL-LOAD EFFICIENCIES OF FIRE PUMP MOTORS

Motor horsepower 

Nominal full load efficiency 

Open motors 

(number of poles) 

Enclosed motors 

(number of poles) 

8 6 4 2 8 6 4 2 

1 ....................................................... 74.0 80.0 82.5 .................. 74.0 80.0 82.5 75.5 

1.5 .................................................... 75.5 84.0 84.0 82.5 77.0 85.5 84.0 82.5 

2 ....................................................... 85.5 85.5 84.0 84.0 82.5 86.5 84.0 84.0 

3 ....................................................... 86.5 86.5 86.5 84.0 84.0 87.5 87.5 85.5 

5 ....................................................... 87.5 87.5 87.5 85.5 85.5 87.5 87.5 87.5 

7.5 .................................................... 88.5 88.5 88.5 87.5 85.5 89.5 89.5 88.5 

10 ..................................................... 89.5 90.2 89.5 88.5 88.5 89.5 89.5 89.5 

15 ..................................................... 89.5 90.2 91.0 89.5 88.5 90.2 91.0 90.2 

20 ..................................................... 90.2 91.0 91.0 90.2 89.5 90.2 91.0 90.2 

25 ..................................................... 90.2 91.7 91.7 91.0 89.5 91.7 92.4 91.0 

30 ..................................................... 91.0 92.4 92.4 91.0 91.0 91.7 92.4 91.0 

40 ..................................................... 91.0 93.0 93.0 91.7 91.0 93.0 93.0 91.7 

50 ..................................................... 91.7 93.0 93.0 92.4 91.7 93.0 93.0 92.4 

60 ..................................................... 92.4 93.6 93.6 93.0 91.7 93.6 93.6 93.0 

75 ..................................................... 93.6 93.6 94.1 93.0 93.0 93.6 94.1 93.0 

100 ................................................... 93.6 94.1 94.1 93.0 93.0 94.1 94.5 93.6 

125 ................................................... 93.6 94.1 94.5 93.6 93.6 94.1 94.5 94.5 

150 ................................................... 93.6 94.5 95.0 93.6 93.6 95.0 95.0 94.5 

200 ................................................... 93.6 94.5 95.0 94.5 94.1 95.0 95.0 95.0 

250 ................................................... 94.5 95.4 95.4 94.5 94.5 95.0 95.0 95.4 

300 ................................................... .................. 95.4 95.4 95.0 .................. 95.0 95.4 95.4 

350 ................................................... .................. 95.4 95.4 95.0 .................. 95.0 95.4 95.4 

400 ................................................... .................. .................. 95.4 95.4 .................. .................. 95.4 95.4 

450 ................................................... .................. .................. 95.8 95.8 .................. .................. 95.4 95.4 

500 ................................................... .................. .................. 95.8 95.8 .................. .................. 95.8 95.4 

(e) Each general purpose electric 

motor (subtype II) with a power rating 

of 1 horsepower or greater, but not 

greater than 200 horsepower, 

manufactured (alone or as a component 

of another piece of equipment) on or 

after December 19, 2010, shall have a 

nominal full load efficiency that is not 

less than the following: 

FULL-LOAD EFFICIENCIES OF GENERAL PURPOSE ELECTRIC MOTORS

[Subtype II] 

Motor horsepower 

Nominal full load efficiency 

Open motors 

(number of poles) 

Enclosed motors 

(number of poles) 

8 6 4 2 8 6 4 2 

1 ....................................................... 74.0 80.0 82.5 .................. 74.0 80.0 82.5 75.5 

1.5 .................................................... 75.5 84.0 84.0 82.5 77.0 85.5 84.0 82.5 

2 ....................................................... 85.5 85.5 84.0 84.0 82.5 86.5 84.0 84.0 

3 ....................................................... 86.5 86.5 86.5 84.0 84.0 87.5 87.5 85.5 

5 ....................................................... 87.5 87.5 87.5 85.5 85.5 87.5 87.5 87.5 

7.5 .................................................... 88.5 88.5 88.5 87.5 85.5 89.5 89.5 88.5 


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FULL-LOAD EFFICIENCIES OF GENERAL PURPOSE ELECTRIC MOTORS—Continued 

[Subtype II] 

Motor horsepower 

Nominal full load efficiency 

Open motors 

(number of poles) 

Enclosed motors 

(number of poles) 

8 6 4 2 8 6 4 2 

10 ..................................................... 89.5 90.2 89.5 88.5 88.5 89.5 89.5 89.5 

15 ..................................................... 89.5 90.2 91.0 89.5 88.5 90.2 91.0 90.2 

20 ..................................................... 90.2 91.0 91.0 90.2 89.5 90.2 91.0 90.2 

25 ..................................................... 90.2 91.7 91.7 91.0 89.5 91.7 92.4 91.0 

30 ..................................................... 91.0 92.4 92.4 91.0 91.0 91.7 92.4 91.0 

40 ..................................................... 91.0 93.0 93.0 91.7 91.0 93.0 93.0 91.7 

50 ..................................................... 91.7 93.0 93.0 92.4 91.7 93.0 93.0 92.4 

60 ..................................................... 92.4 93.6 93.6 93.0 91.7 93.6 93.6 93.0 

75 ..................................................... 93.6 93.6 94.1 93.0 93.0 93.6 94.1 93.0 

100 ................................................... 93.6 94.1 94.1 93.0 93.0 94.1 94.5 93.6 

125 ................................................... 93.6 94.1 94.5 93.6 93.6 94.1 94.5 94.5 

150 ................................................... 93.6 94.5 95.0 93.6 93.6 95.0 95.0 94.5 

200 ................................................... 93.6 94.5 95.0 94.5 94.1 95.0 95.0 95.0 

(f) Each NEMA design B general 

purpose electric motor with a power 

rating of more than 200 horsepower, but 

not greater than 500 horsepower, 

manufactured (alone or as a component 

of another piece of equipment), on or 

after December 19, 2010, shall have 

nominal full load efficiency that is not 

less than the following: 

FULL-LOAD EFFICIENCIES OF NEMA DESIGN B GENERAL PURPOSE ELECTRIC MOTORS FULL-LOAD EFFICIENCIES OF

GENERAL PURPOSE ELECTRIC MOTORS

Motor horsepower 

Nominal full load efficiency 

Open motors 

(number of poles) 

Enclosed motors 

(number of poles) 

8 6 4 2 8 6 4 2 

250 ................................................... 94.5 94.5 95.4 94.5 94.5 95.0 95.0 95.4 

300 ................................................... .................. 94.5 95.4 95.0 .................. 95.0 95.4 95.4 

350 ................................................... .................. 94.5 95.4 95.0 .................. 95.0 95.4 95.4 

400 ................................................... .................. .................. 95.4 95.4 .................. .................. 95.4 95.4 

450 ................................................... .................. .................. 95.8 95.8 .................. .................. 95.4 95.4 

500 ................................................... .................. .................. 95.8 95.8 .................. .................. 95.8 95.4 

* * * * * 

■ 14. In § 431.92, add the definitions 

‘‘single package vertical air 

conditioner,’’ and ‘‘single package 

vertical heat pump,’’ in alphabetical 

order to read as follows: 

§ 431.92 Definitions concerning 

commercial air conditioners and heat 

pumps. 

* * * * * 

Single package vertical air 

conditioner means air-cooled 

commercial package air conditioning 

and heating equipment that— 

(1) Is factory-assembled as a single 

package that— 

(i) Has major components that are 

arranged vertically; 

(ii) Is an encased combination of 

cooling and optional heating 

components; and 

(iii) Is intended for exterior mounting 

on, adjacent interior to, or through an 

outside wall; 

(2) Is powered by a single-or 3-phase 

current; 

(3) May contain 1 or more separate 

indoor grilles, outdoor louvers, various 

ventilation options, indoor free air 

discharges, ductwork, well plenum, or 

sleeves; and 

(4) Has heating components that may 

include electrical resistance, steam, hot 

water, or gas, but may not include 

reverse cycle refrigeration as a heating 

means. 

Single package vertical heat pump 

means a single package vertical air 

conditioner that— 

(1) Uses reverse cycle refrigeration as 

its primary heat source; and 

(2) May include secondary 

supplemental heating by means of 

electrical resistance, steam, hot water, or 

gas. 

* * * * * 

■ 15. Section 431.97 is amended by 

revising paragraph (a) (Tables 1 and 2 to 

§ 431.97 remained unchanged), revising 

paragraph (b) introductory text, and 

adding four new entries to the top of the 

table in paragraph (b) to read as follows: 

§ 431.97 Energy efficiency standards and 

their effective dates. 

(a) Each commercial air conditioner or 

heat pump (including single package 

vertical air conditioners and single 

package vertical heat pumps) 

manufactured on or after January 1, 

1994 (except for large commercial 

package air-conditioning and heating 

equipment, for which the effective date 

is January 1, 1995) must meet the 

applicable minimum energy efficiency 

standard level(s) set forth in Tables 1 

and 2 of this section. 

* * * * * 

(b) Commercial package air 

conditioning and heating equipment 

manufactured on or after January 1, 

2010 (except for air-cooled, three-phase 

small commercial package airconditioning and heating equipment 


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12074 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 

<65,000 Btu/h for which the effective 

date is June 16, 2008) must meet the 

applicable energy efficiency standards 

set forth in this section. 

Product Cooling capacity 

(Btu/h) Category Efficiency level † 

Small commercial package air conditioning and heating equipment, 

(air-cooled, three-phase).

<65,000 ....................... AC ............................. SEER=13.0. 

HP ............................. SEER=13.0. 

HSPF=7.7. 

Single package vertical air conditioners and single package vertical 

heat pumps, single-phase and three phase.

<65,000 ....................... AC ............................. EER=9.0. 

HP ............................. EER=9.0. 

COP=3.0. 

Single package vertical air conditioners and single package vertical 

heat pumps.

≥ 65,000 and 

<135,000.

AC ............................. EER=8.9. 

HP ............................. EER=8.9. 

COP=3.0. 

Single package vertical air conditioners and single package vertical 

heat pumps.

≥135,000 and 

<240,000.

AC ............................. EER=8.6. 

HP ............................. EER=8.6. 

COP=2.9. 

* * * * * * * * * * * * 

† EER at a standard temperature rating of 95 °F dry-bulb and COP at a high temperature rating of 47 °F dry-bulb. 

* * * * * 

■ 16. Section 431.282 is revised to read 

as follows: 

§ 431.282 Definitions concerning mercury 

vapor lamp ballasts. 

Ballast means a device used with an 

electric discharge lamp to obtain 

necessary circuit conditions (voltage, 

current, and waveform) for starting and 

operating. 

High intensity discharge lamp means 

an electric-discharge lamp in which— 

(1) The light-producing arc is 

stabilized by the arc tube wall 

temperature; and 

(2) The arc tube wall loading is in 

excess of 3 Watts/cm2, including such 

lamps that are mercury vapor, metal 

halide, and high-pressure sodium 

lamps. 

Mercury vapor lamp means a high 

intensity discharge lamp, including 

clear, phosphor-coated, and selfballasted screw base lamps, in which 

the major portion of the light is 

produced by radiation from mercury 

typically operating at a partial vapor 

pressure in excess of 100,000 Pa 

(approximately 1 atm). 

Mercury vapor lamp ballast means a 

device that is designed and marketed to 

start and operate mercury vapor lamps 

intended for general illumination by 

providing the necessary voltage and 

current. 

Specialty application mercury vapor 

lamp ballast means a mercury vapor 

lamp ballast that— 

(1) Is designed and marketed for 

operation of mercury vapor lamps used 

in quality inspection, industrial 

processing, or scientific use, including 

fluorescent microscopy and ultraviolet 

curing; and 

(2) In the case of a specialty 

application mercury vapor lamp ballast, 

the label of which— 

(i) Provides that the specialty 

application mercury vapor lamp ballast 

is ‘For specialty applications only, not 

for general illumination’; and 

(ii) Specifies the specific applications 

for which the ballast is designed. 

■ 17. Section 431.286 is revised to read 

as follows: 

§ 431.286 Energy conservation standards 

and their effective dates. 

Mercury vapor lamp ballasts, other 

than specialty application mercury 

vapor lamp ballasts, shall not be 

manufactured or imported after January 

1, 2008. 

■ 18. Add a new subpart R to read as 

follows: 

Subpart R—Walk-in Coolers and Walkin Freezers 

Sec. 

431.301 Purpose and scope. 

431.302 Definitions concerning walk-in 

coolers and walk-in freezers. 

Test Procedures 

431.303 Materials incorporated by 

reference. 

431.304 Uniform test method for the 

measurement of energy consumption of 

walk-in coolers and walk-in freezers. 

431.305 [Reserved] 

Energy Conservation Standards 

431.306 Energy conservation standards and 

their effective dates. 

§ 431.301 Purpose and scope. 

This subpart contains energy 

conservation requirements for walk-in 

coolers and walk-in freezers, pursuant 

to Part C of Title III of the Energy Policy 

and Conservation Act, as amended, 42 

U.S.C. 6311–6317. 

§ 431.302 Definitions concerning walk-in 

coolers and walk-in freezers. 

Walk-in cooler and walk-in freezer 

mean an enclosed storage space 

refrigerated to temperatures, 

respectively, above, and at or below 32 

degrees Fahrenheit that can be walked 

into, and has a total chilled storage area 

of less than 3,000 square feet; however 

the terms do not include products 

designed and marketed exclusively for 

medical, scientific, or research 

purposes. 

Test Procedures 

§ 431.303 Materials incorporated by 

reference. 

(a) General. We incorporate by 

reference the following standards into 

Subpart R of part 431. The material 

listed has been approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material is 

incorporated as it exists on the date of 

the approval and a notice of any change 

in the material will be published in the 

Federal Register. All approved material 

is available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030 or 

go to http://www.archives.gov/ 

federal_register/code_of_federal_ 

regulations/ibr_locations.html. Also, 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 12075 

this material is available for inspection 

at U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, Building Technologies Program, 

6th Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024, 202–586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays, 

or go to: http://www1.eere.energy.gov/ 

buildings/appliance_standards/. 

Standards can be obtained from the 

sources listed below. 

(b) ASTM. American Society for 

Testing and Materials, 100 Barr Harbor 

Drive, West Conshohocken, PA 19428– 

2959, (610) 832–9500, or http:// 

www.astm.org. 

(1) ASTM C518–04 (‘‘ASTM C518’’), 

Standard Test Method for Steady-State 

Thermal Transmission Properties by 

Means of the Heat Flow Meter 

Apparatus, approved May 1, 2004, IBR 

approved for § 431.304. 

(2) [Reserved]. 

§ 431.304 Uniform test method for the 

measurement of energy consumption of 

walk-in coolers and walk-in freezers. 

(a) Scope. This section provides test 

procedures for measuring, pursuant to 

EPCA, the energy consumption of 

refrigerated bottled or canned beverage 

vending machines. 

(b) Testing and Calculations. (1) 

[Reserved] 

(2) The R value shall be the 1/K factor 

multiplied by the thickness of the panel. 

(3) The K factor shall be based on 

ASTM C518 (incorporated by reference; 

see § 431.303). 

(4) For calculating the R value for 

freezers, the K factor of the foam at 20 

degrees Fahrenheit (average foam 

temperature) shall be used. 

(5) For calculating the R value for 

coolers, the K factor of the foam at 55 

degrees Fahrenheit (average foam 

temperature) shall be used. 

§ 431.305 [Reserved] 

Energy Conservation Standards 

§ 431.306 Energy conservation standards 

and their effective dates. 

(a) Each walk-in cooler or walk-in 

freezer manufactured on or after January 

1, 2009, shall— 

(1) Have automatic door closers that 

firmly close all walk-in doors that have 

been closed to within 1 inch of full 

closure, except that this paragraph shall 

not apply to doors wider than 3 feet 9 

inches or taller than 7 feet; 

(2) Have strip doors, spring hinged 

doors, or other method of minimizing 

infiltration when doors are open; 

(3) Contain wall, ceiling, and door 

insulation of at least R–25 for coolers 

and R–32 for freezers, except that this 

paragraph shall not apply to glazed 

portions of doors nor to structural 

members; 

(4) Contain floor insulation of at least 

R–28 for freezers; 

(5) For evaporator fan motors of under 

1 horsepower and less than 460 volts, 

use— 

(i) Electronically commutated motors 

(brushless direct current motors); or 

(ii) 3-phase motors; 

(6) For condenser fan motors of under 

1 horsepower, use— 

(i) Electronically commutated motors 

(brushless direct current motors); 

(ii) Permanent split capacitor-type 

motors; or 

(iii) 3-phase motors; and 

(7) For all interior lights, use light 

sources with an efficacy of 40 lumens 

per watt or more, including ballast 

losses (if any), except that light sources 

with an efficacy of 40 lumens per watt 

or less, including ballast losses (if any), 

may be used in conjunction with a timer 

or device that turns off the lights within 

15 minutes of when the walk-in cooler 

or walk-in freezer is not occupied by 

people. 

(b) Each walk-in cooler or walk-in 

freezer with transparent reach-in doors 

manufactured on or after January 1, 

2009, shall also meet the following 

specifications: 

(1) Transparent reach-in doors for 

walk-in freezers and windows in walkin freezer doors shall be of triple-pane 

glass with either heat-reflective treated 

glass or gas fill. 

(2) Transparent reach-in doors for 

walk-in coolers and windows in walkin cooler doors shall be— 

(i) Double-pane glass with heatreflective treated glass and gas fill; or 

(ii) Triple-pane glass with either heatreflective treated glass or gas fill. 

(3) If the walk-in cooler or walk-in 

freezer has an antisweat heater without 

antisweat heat controls, the walk-in 

cooler and walk-in freezer shall have a 

total door rail, glass, and frame heater 

power draw of not more than 7.1 watts 

per square foot of door opening (for 

freezers) and 3.0 watts per square foot 

of door opening (for coolers). 

(4) If the walk-in cooler or walk-in 

freezer has an antisweat heater with 

antisweat heat controls, and the total 

door rail, glass, and frame heater power 

draw is more than 7.1 watts per square 

foot of door opening (for freezers) and 

3.0 watts per square foot of door 

opening (for coolers), the antisweat heat 

controls shall reduce the energy use of 

the antisweat heater in a quantity 

corresponding to the relative humidity 

in the air outside the door or to the 

condensation on the inner glass pane. 

■ 19. Add a new subpart S to read as 

follows: 

Subpart S—Metal Halide Lamp Ballasts 

and Fixtures 

Sec. 

431.321 Purpose and scope. 

431.322 Definitions concerning metal 

halide lamp ballasts and fixtures. 

Test Procedures 

431.323 Materials incorporated by 

reference. 

431.324 Uniform test method for the 

measurement of energy efficiency of 

metal halide ballasts. 

Energy Conservation Standards 

431.326 Energy conservation standards and 

their effective dates. 

§ 431.321 Purpose and scope. 

This subpart contains energy 

conservation requirements for metal 

halide lamp ballasts and fixtures, 

pursuant to Part A–1 of Title III of the 

Energy Policy and Conservation Act, as 

amended, 42 U.S.C. 6311–6317. 

§ 431.322 Definitions concerning metal 

halide lamp ballasts and fixtures. 

Ballast efficiency means, in the case of 

a high intensity discharge fixture, the 

efficiency of a lamp and ballast 

combination, expressed as a percentage, 

and calculated in accordance with the 

following formula: Efficiency = Pout/Pin

where: 

(1) Pout equals the measured operating 

lamp wattage; 

(2) Pin equals the measured operating 

input wattage; 

(3) The lamp, and the capacitor when 

the capacitor is provided, shall 

constitute a nominal system in 

accordance with the ANSI C78.43, 

(incorporated by reference; see 

§ 431.323); 

(4) For ballasts with a frequency of 60 

Hz, Pin and Pout shall be measured after 

lamps have been stabilized according to 

section 4.4 of ANSI C82.6 (incorporated 

by reference; see § 431.323) using a 

wattmeter with accuracy specified in 

section 4.5 of ANSI C82.6; and 

(5) For ballasts with a frequency 

greater than 60 Hz, Pin and Pout shall 

have a basic accuracy of ±0.5 percent at 

the higher of either 3 times the output 

operating frequency of the ballast or 2 

kHz. 

Metal halide ballast means a ballast 

used to start and operate metal halide 

lamps. 

Metal halide lamp means a high 

intensity discharge lamp in which the 

major portion of the light is produced by 

radiation of metal halides and their 

products of dissociation, possibly in 

combination with metallic vapors. 


dwashington3 on PROD1PC60 with RULES
12076 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Rules and Regulations 

Metal halide lamp fixture means a 

light fixture for general lighting 

application designed to be operated 

with a metal halide lamp and a ballast 

for a metal halide lamp. 

Probe-start metal halide ballast means 

a ballast that starts a probe-start metal 

halide lamp that contains a third 

starting electrode (probe) in the arc tube, 

and does not generally contain an 

igniter but instead starts lamps with 

high ballast open circuit voltage. 

Pulse-start metal halide ballast means 

an electronic or electromagnetic ballast 

that starts a pulse-start metal halide 

lamp with high voltage pulses, where 

lamps shall be started by the ballast first 

providing a high voltage pulse for 

ionization of the gas to produce a glow 

discharge and then power to sustain the 

discharge through the glow-to-arc 

transition. 

Test Procedures 

§ 431.323 Materials incorporated by 

reference. 

(a) General. We incorporate by 

reference the following standards into 

Subpart S of Part 431. The material 

listed has been approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material is 

incorporated as it exists on the date of 

the approval and a notice of any change 

in the material will be published in the 

Federal Register. All approved material 

is available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030 or 

go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, this material is 

available for inspection at U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024, 202–586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays, 

or go to: http://www1.eere.energy.gov/ 

buildings/appliance_standards/. 

Standards can be obtained from the 

sources listed below. 

(b) ANSI. American National 

Standards Institute, 25 W. 43rd Street, 

4th Floor, New York, NY 10036, 212– 

642–4900, or go to http://www.ansi.org. 

(1) ANSI C78.43–2004, Revision and 

consolidation of ANSI C78.1372–1997, 

.1374–1997, .1375–1997, .1376–1997, 

.1377–1997, .1378–1997, .1379–1997, 

.1382–1997, .1384–1997, and .1650– 

2003 (‘‘ANSI C78.43’’), American 

National Standard for electric lamps: 

Single-Ended Metal Halide Lamps, 

approved May 5, 2004, IBR approved for 

§ 431.322; 

(2) ANSI C82.6–2005, Proposed 

Revision of ANSI C82.6–1985 (‘‘ANSI 

C82.6’’), American National Standard 

for Lamp Ballasts—Ballasts for HighIntensity Discharge Lamps—Methods of 

Measurement, approved February 14, 

2005, IBR approved for § 431.322; 

(c) NFPA. National Fire Protection 

Association, 11 Tracy Drive, Avon, MA 

02322, 1–800–344–3555, or go to http:// 

www.nfpa.org; 

(1) NFPA 70–2002 (‘‘NFPA 70’’), 

National Electrical Code 2002 Edition, 

IBR approved for § 431.326; 

(2) [Reserved]. 

(e) UL. Underwriters Laboratories, 

Inc., COMM 2000, 1414 Brook Drive, 

Downers Grove, IL 60515, 1–888–853– 

3503, or go to http://www.ul.com. 

(1) UL 1029 (ANSI/UL 1029–2007) 

(‘‘UL 1029’’), Standard for Safety HighIntensity-Discharge Lamp Ballasts, 5th 

edition, May 25, 1994, which consists of 

pages dated May 25, 1994, September 

28, 1995, August 3, 1998, February 7, 

2001 and December 11, 2007, IBR 

approved for § 431.326. 

(2) [Reserved]. 

§ 431.324 Uniform test method for the 

measurement of energy efficiency of metal 

halide ballasts. 

(a) Scope. This section provides test 

procedures for measuring, pursuant to 

EPCA, the energy efficiency of metal 

halide ballasts. 

(b) Testing and Calculations. 

[Reserved] 

Energy Conservation Standards 

§ 431.326 Energy conservation standards 

and their effective dates. 

(a) Except as provided in paragraph 

(b) of this section, each metal halide 

lamp fixture manufactured on or after 

January 1, 2009, and designed to be 

operated with lamps rated greater than 

or equal to 150 watts but less than or 

equal to 500 watts shall contain— 

(1) A pulse-start metal halide ballast 

with a minimum ballast efficiency of 88 

percent; 

(2) A magnetic probe-start ballast with 

a minimum ballast efficiency of 94 

percent; or 

(3) A nonpulse-start electronic ballast 

with either a minimum ballast 

efficiency of 92 percent for wattages 

greater than 250 watts; or a minimum 

ballast efficiency of 90 percent for 

wattages less than or equal to 250 watts. 

(b) The standards described in 

paragraph (a) of this section do not 

apply to— 

(1) Metal halide lamp fixtures with 

regulated lag ballasts; 

(2) Metal halide lamp fixtures that use 

electronic ballasts that operate at 480 

volts; or 

(3) Metal halide lamp fixtures that; 

(i) Are rated only for 150 watt lamps; 

(ii) Are rated for use in wet locations; 

as specified by the National Fire 

Protection Association in NFPA 70 

(incorporated by reference; see 

§ 431.323); and 

(iii) Contain a ballast that is rated to 

operate at ambient air temperatures 

above 50°C, as specified in UL 1029, 

(incorporated by reference; see 

§ 431.323). 

[FR Doc. E9–5935 Filed 3–20–09; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 225 

[Regulation Y; Docket No. R–1193] 

Capital Adequacy Guidelines: Trust 

Preferred Securities and the Definition 

of Capital; Delay of Implementation 

Date 

AGENCY: Board of Governors of the 

Federal Reserve System (Board). 

ACTION: Final rule. 

SUMMARY: This final rule delays the 

March 31, 2009, implementation date 

for certain amendments to the Board’s 

capital adequacy guidelines for bank 

holding companies on trust preferred 

securities and the definition of capital 

published by the Board in the Federal 

Register on March 10, 2005. Due to the 

continuing stressed conditions in the 

financial markets and in order to 

promote stability in the financial 

markets and the banking industry as a 

whole, the Board has decided to delay 

until March 31, 2011, the 

implementation date of new 

requirements that: limit the aggregate 

amount of cumulative perpetual 

preferred stock, trust preferred 

securities, and minority interests in the 

equity accounts of most consolidated 

subsidiaries (collectively, restricted core 

capital elements) included in the tier 1 

capital of all bank holding companies; 

require bank holding companies to 

deduct goodwill, less any associated 

deferred tax liability, from the sum of 

core capital elements in calculating the 

amount of restricted core capital 

elements that may be included in tier 1 

capital; and impose further limits on the 


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