[Federal Register Volume 74, Number 54 (Monday, March 23, 2009)]
[Rules and Regulations]
[Pages 12058-12076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5935]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#6a270309020b0f06442709090b080f2a0f0f440e050f440d051c"><span class="__cf_email__" data-cfemail="400d29232821252c6e0d23232122250025256e242f256e272f36">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#bdfbcfdcd3ded4d3d893edd4d3c9d2fdd5cc93d9d2d893dad2cb"><span class="__cf_email__" data-cfemail="511723303f32383f347f01383f253e1139207f353e347f363e27">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
the following industry standards:
    <bullet> 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;
    <bullet> ANSI C78.21-1989, American National Standard for Electric 
Lamps--PAR and R Shapes, approved March 3, 1989;
    <bullet> 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;
    <bullet> 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.
    <bullet> ANSI C79.1-1994, American National Standard for 
Nomenclature for Glass Bulbs--Intended for Use with Electric Lamps, 
approved March 24, 1994;
    <bullet> ANSI C79.1-2002, American National Standard for Electric 
Lamps-Nomenclature for Glass Bulbs Intended for Use with Electric 
Lamps, approved September 16, 2002;
    <bullet> 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;
    <bullet> ANSI C82.6-2005, Proposed Revision of ANSI C82.6-1985 
(``ANSI C82.6''), American National Standard for lamp ballasts--
Ballasts for High-Intensity 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.
    <bullet> ASTM C518-04, (``ASTM C518''), Standard Test Method for 
Steady-State

[[Page 12059]]

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.
    <bullet> 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.
    <bullet> 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.
    <bullet> The IESNA Lighting Handbook, Reference & Application, 
(``The IESNA Lighting Handbook''), 9th ed., Chapter 6, ``Light 
Sources,'' July 2000;
    <bullet> 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.
    <bullet> ``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.
    <bullet> 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.
    <bullet> 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.
    <bullet> UL 1029, (ANSI/UL 1029-2007) (``UL 1029''), Standard for 
Safety High-Intensity-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 
``cross-walk'' 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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    \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.

[[Page 12060]]



                                 Table 1
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     Product/Equipment type         CFR location      EISA 2007 section
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Dishwashers....................  Sec.   430.32(f)..  Sec. 311(a).
Residential clothes washers....  Sec.   430.32(g)..  Sec. 311(a).
General service fluorescent      Sec.   430.32(n)..  Sec 322(b).
 lamps and incandescent
 reflector lamps.
Dehumidifiers..................  Sec.   430.32(v)..  Sec. 311(a).
Class A external power supplies  Sec.   430.32(w)..  Sec. 301(c).
General service incandescent     Sec.   430.32(x)..  Sec 321(a).
 lamps, intermediate base
 incandescent lamps and
 candelabra base incandescent
 lamps.
Electric motors................  Part 431, Subpart   Sec. 313(b).
                                  B.
Commercial package air           Part 431, Subpart   Sec. 314(b).
 conditioning and heating         F.
 equipment.
Mercury vapor lamp ballasts....  Part 431, Subpart   Sec 316(d).
                                  P.
Walk-in coolers and walk-in      Part 431, Subpart   Sec. 312(b).
 freezers.                        R.
Metal halide lamp fixtures.....  Part 431, Subpart   Sec. 324(e).
                                  S.
------------------------------------------------------------------------

    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.

[[Page 12061]]

    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

[[Page 12062]]

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 walk-in 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 (10\15\) 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 (CO<INF>2</INF>). 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

[[Page 12063]]

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

[[Page 12064]]

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.

0
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

0
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.


0
2. Section 430.2 is amended by:
0
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 shatter-protected lamp,'' ``specialty application mercury vapor lamp 
ballast,'' ``standby mode,'' and ``vibration service lamp.''
0
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:


Sec.  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 Sec.  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 Sec.  430.3); and
    (2) A finished size and shape shown in ANSI C78.21-1989 
(incorporated by

[[Page 12065]]

reference; see Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
430.3); and
    (2) A finished size and shape shown in ANSI C78.21-1989, 
(incorporated by reference; see Sec.  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 Sec.  430.3) and ANSI C79.1-2002 (incorporated by 
reference; see Sec.  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 Sec.  430.3) and ANSI C79.1-2002 (incorporated by 
reference; see Sec.  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 Sec.  
430.3) and ANSI C78.20 (incorporated by reference; see Sec.  430.3) of 
40 watts or less.
    General service lamp includes general service incandescent lamps, 
compact fluorescent lamps, general service light-emitting diode lamps, 
organic light-emitting 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,

[[Page 12066]]

common designation E17 (incorporated by reference; see Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.
* * * * *

0
3. A new Sec.  430.3 is added to read as follows:


Sec.  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 Air-Conditioning 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,

[[Page 12067]]

IBR approved for Sec.  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 Sec.  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 Sec.  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 Sec.  430.2.
    (5) ANSI C78.21-1989, American National Standard for Electric 
Lamps--PAR and R Shapes, approved March 3, 1989, IBR approved for Sec.  
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 Sec.  430.2.
    (7) ANSI C78.375-1991, for Fluorescent Lamps--Guide for Electrical 
Measurements, approved July 15, 1991, IBR approved for Sec.  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 Sec.  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 Sec.  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 Sec.  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 Air-
Conditioning 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 Air-
Conditioning 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 Sec.  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 Sec.  
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 Sec.  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 
Sec.  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 Sec.  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.

[[Page 12068]]

    (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, Sec.  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 Sec.  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 Sec.  
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 Single-Ended 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 Sec.  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 Sec.  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.
0
4. A new Sec.  430.4 is added to read as follows:


Sec.  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].


Sec.  430.22  [Removed]

0
5. Section 430.22 is removed.
0
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.
* * * * *
0
4. Section 430.32 of subpart C is amended by:
0
a. Adding after the paragraph (f) heading the designation ``(1)'' 
before the existing (f) introductory text;
0
b. Removing the designations ``(1)'' and ``(2)'' in the table in 
paragraph (f) and adding in their place ``(i)'' and ``(ii)'', 
respectively;
0
c. Adding a new paragraph (f)(2);
0
d. Adding a new paragraph (g)(4);
0
e. Revising the heading to paragraph (m)(1) introductory text;

[[Page 12069]]

0
f. Adding a new paragraph (n)(3);
0
g. Revising paragraph (s)(1)(iii)(B);
0
h. Revising paragraph (s)(3)(ii);
0
i. Adding after the paragraph (v) heading the designation ``(1)'' 
before the existing (v) introductory text;
0
j. Adding a new paragraph (v)(2); and
0
k. Adding new paragraphs (w) and (x).
    The revisions and additions read as follows:


Sec.  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:

------------------------------------------------------------------------
                                                   Minimum energy factor
          Product capacity  (pints/day)                (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 Sec.  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 Sec.  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:

[[Page 12070]]



                                       General Service Incandescent Lamps
----------------------------------------------------------------------------------------------------------------
                                                 Maximum rate
              Rated lumen ranges                    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
----------------------------------------------------------------------------------------------------------------
                                                 Maximum rate
              Rated lumen ranges                    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.

0
7. Section 430.33 of subpart C is amended by:
0
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'';
0
b. Adding the paragraph designation ``(a)'' before the existing text; 
and
0
c. Adding a new paragraph (b) to read as follows:


Sec.  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.

0
8. Add a new Sec.  430.35 to subpart C to read as follows:


Sec.  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.

0
9. Amend Sec.  430.61 by revising paragraphs (a)(3) and (4) and by 
adding new paragraphs (a)(5) and (6) to read as follows:


Sec.  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

[[Page 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

0
10. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.


0
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:


Sec.  431.2  Definitions.

* * * * *
    Covered equipment means any electric motor, as defined in Sec.  
431.12; commercial heating, ventilating, and air conditioning, and 
water heating product (HVAC & WH product), as defined in Sec.  431.172; 
commercial refrigerator, freezer, or refrigerator-freezer, as defined 
in Sec.  431.62; automatic commercial ice maker, as defined in Sec.  
431.132; commercial clothes washer, as defined in Sec.  431.152; 
distribution transformer, as defined in Sec.  431.192; illuminated exit 
sign, as defined in Sec.  431.202; traffic signal module or pedestrian 
module, as defined in Sec.  431.222; unit heater, as defined in Sec.  
431.242; commercial prerinse spray valve, as defined in Sec.  431.262; 
mercury vapor lamp ballast, as defined in Sec.  431.282; refrigerated 
bottled or canned beverage vending machine, as defined in Sec.  
431.292; walk-in cooler and walk-in freezer, as defined in Sec.  
431.302; metal halide ballast and metal halide lamp fixture, as defined 
in Sec.  431.322.
* * * * *
    Import means to import into the customs territory of the United 
States.
* * * * *

0
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:


Sec.  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 Sec.  
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 Sec.  
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].
* * * * *

0
13. Section 431.25 is amended by:
0
a. Redesignating paragraph (c) as (g).
0
b. Adding new paragraphs (c), (d), (e), (f), to read as follows:


Sec.  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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Nominal full load efficiency
                                                         -----------------------------------------------------------------------------------------------
                    Motor horsepower                              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

[[Page 12072]]

 
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Nominal full load efficiency
                                                         -----------------------------------------------------------------------------------------------
                    Motor horsepower                              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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Nominal full load efficiency
                                                         -----------------------------------------------------------------------------------------------
                    Motor horsepower                              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

[[Page 12073]]

 
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Nominal full load efficiency
                                                         -----------------------------------------------------------------------------------------------
                    Motor horsepower                              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
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
14. In Sec.  431.92, add the definitions ``single package vertical air 
conditioner,'' and ``single package vertical heat pump,'' in 
alphabetical order to read as follows:


Sec.  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.
* * * * *

0
15. Section 431.97 is amended by revising paragraph (a) (Tables 1 and 2 
to Sec.  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:


Sec.  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 air-conditioning and heating equipment

[[Page 12074]]

<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.

----------------------------------------------------------------------------------------------------------------
                                    Cooling capacity
             Product                    (Btu/h)                 Category              Efficiency level [dagger]
----------------------------------------------------------------------------------------------------------------
Small commercial package air       <65,000..........  AC..........................  SEER=13.0.
 conditioning and heating
 equipment, (air-cooled, three-
 phase).
                                                      HP..........................  SEER=13.0.
                                                                                    HSPF=7.7.
Single package vertical air        <65,000..........  AC..........................  EER=9.0.
 conditioners and single package
 vertical heat pumps, single-
 phase and three phase.
                                                      HP..........................  EER=9.0.
                                                                                    COP=3.0.
Single package vertical air        >= 65,000 and      AC..........................  EER=8.9.
 conditioners and single package    <135,000.
 vertical heat pumps.
                                                      HP..........................  EER=8.9.
                                                                                    COP=3.0.
Single package vertical air        >=135,000 and      AC..........................  EER=8.6.
 conditioners and single package    <240,000.
 vertical heat pumps.
                                                      HP..........................  EER=8.6.
                                                                                    COP=2.9.
 * * *                             * * *              * * *                         * * *
----------------------------------------------------------------------------------------------------------------
[dagger] EER at a standard temperature rating of 95 [deg]F dry-bulb and COP at a high temperature rating of 47
  [deg]F dry-bulb.

* * * * *

0
16. Section 431.282 is revised to read as follows:


Sec.  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/
cm<SUP>2</SUP>, 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 self-ballasted 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.

0
17. Section 431.286 is revised to read as follows:


Sec.  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.

0
18. Add a new subpart R to read as follows:

Subpart R--Walk-in Coolers and Walk-in 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.


Sec.  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.


Sec.  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


Sec.  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,

[[Page 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 Sec.  431.304.
    (2) [Reserved].


Sec.  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 Sec.  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.


Sec.  431.305  [Reserved]

Energy Conservation Standards


Sec.  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 
walk-in 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 
walk-in cooler doors shall be--
    (i) Double-pane glass with heat-reflective treated glass and gas 
fill; or
    (ii) Triple-pane glass with either heat-reflective 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.

0
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.


Sec.  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.


Sec.  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 = P<INF>out</INF>/P<INF>in</INF> where:
    (1) P<INF>out</INF> equals the measured operating lamp wattage;
    (2) P<INF>in</INF> 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 Sec.  431.323);
    (4) For ballasts with a frequency of 60 Hz, P<INF>in</INF> and 
P<INF>out</INF> shall be measured after lamps have been stabilized 
according to section 4.4 of ANSI C82.6 (incorporated by reference; see 
Sec.  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, 
P<INF>in</INF> and P<INF>out</INF> shall have a basic accuracy of 
<plus-minus>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.

[[Page 12076]]

    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


Sec.  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 Sec.  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 
High-Intensity Discharge Lamps--Methods of Measurement, approved 
February 14, 2005, IBR approved for Sec.  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 Sec.  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 
High-Intensity-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 Sec.  
431.326.
    (2) [Reserved].


Sec.  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


Sec.  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 Sec.  431.323); and
    (iii) Contain a ballast that is rated to operate at ambient air 
temperatures above 50[deg]C, as specified in UL 1029, (incorporated by 
reference; see Sec.  431.323).

 [FR Doc. E9-5935 Filed 3-20-09; 8:45 am]
BILLING CODE 6450-01-P


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