This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3450 

Vol. 74, No. 12 

Wednesday, January 21, 2009 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–TP–0007] 

RIN 1904–AB77 

Energy Conservation Program: Test 

Procedures for Fluorescent Lamp 

Ballasts in Standby Mode 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and public meeting. 

SUMMARY: The U.S. Department of 

Energy (DOE) is proposing amendments 

to its test procedures for fluorescent 

lamp ballasts under the Energy Policy 

and Conservation Act. These 

amendments address the measurement 

of energy consumption of fluorescent 

lamp ballasts in the standby and off 

modes. DOE is also announcing a public 

meeting to receive comment on the 

issues presented in this notice. 

DATES: DOE will hold a public meeting 

on February 2, 2009 beginning at 10:30 

a.m. in Washington, DC. DOE must 

receive requests to speak at the meeting 

before 4 p.m., January 26, 2009. DOE 

must receive a signed original and an 

electronic copy of statements to be given 

at the public meeting before 4 p.m., 

January 26, 2009. 

DOE will accept comments, data, and 

information regarding this notice of 

proposed rulemaking (NOPR) before or 

after the public meeting, but no later 

than April 6, 2009. See Section V, 

‘‘Public Participation,’’ of this NOPR for 

details. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. To attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945. 

Please note that foreign nationals 

participating in the public meeting are 

subject to advance security screening 

procedures, requiring a 30-day advance 

notice. If a foreign national wishes to 

participate in the workshop, please 

inform DOE of this fact as soon as 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 so that the 

necessary procedures can be completed. 

Any comments submitted must 

identify the NOPR on Test Procedures 

for Fluorescent Lamp Ballasts in 

Standby Mode, and provide the docket 

number EERE–2008–BT–TP–0007 

and/or Regulation Identifier Number 

(RIN) 1904–AB77. Comments may be 

submitted using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: Ballasts_Standby.

Rulemaking@hq.doe.gov. Include the 

docket number EERE–2008–BT–TP– 

0007 and/or RIN 1904–AB77 in the 

subject line of the message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Telephone: 

(202) 586–2945. Please submit one 

signed paper original. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see Section V, ‘‘Public Participation,’’ of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, visit the U.S. 

Department of Energy, 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. Please call Ms. 

Brenda Edwards at (202) 586–2945 for 

additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Linda Graves, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–1851. E-mail: 

Linda.Graves@ee.doe.gov. In the Office 

of the General Counsel, contact Ms. 

Francine Pinto, U.S. Department of 

Energy, Office of the General Counsel, 

GC–72, 1000 Independence Avenue, 

SW., Washington, DC 20585. Telephone: 

(202) 586–9507. E-mail: 

Francine.Pinto@hq.doe.gov. 

For additional information on how to 

submit or review public comments and 

on how to participate in the public 

meeting, contact Ms. Brenda Edwards, 

U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, Building Technologies Program, 

EE–2J, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Summary of the Proposal 

III. Discussion 

A. Definitions 

1. Active Mode 

2. Standby Mode 

3. Off Mode 

B. Scope of Applicability 

1. Types of Ballasts Covered 

2. Effective Date 

3. Relationship to Other Rulemakings 

C. Proposed Approach 

1. Overview of Test Procedure 

2. Definitions 

3. Test Conditions 

4. Test Method and Measurements 

5. Test Procedure Measurements and 

Burden 

IV. Regulatory Review 

A. Executive Order 12866 

B. National Environmental Policy Act 

C. Regulatory Flexibility Act 

D. Paperwork Reduction Act 

E. Unfunded Mandates Reform Act of 1995 

F. Treasury and General Government 

Appropriations Act, 1999 

G. Executive Order 13132 

H. Executive Order 12988 

I. Treasury and General Government 

Appropriations Act, 2001 

J. Executive Order 13211 

K. Executive Order 12630 

L. Section 32 of the Federal Energy 

Administration Act of 1974 

V. Public Participation 

A. Attendance at Public Meeting 

B. Procedure for Submitting Requests To 

Speak 

C. Conduct of Public Meeting 

D. Submission of Comments 

E. Issues on Which DOE Seeks Comment 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291 et 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3451 

1 ‘‘NEMA, No. 11 at p. 1–2’’ refers to (1) a 

statement that was submitted by the National 

Electrical Manufacturers Association and is 

recorded in the Resource Room of the Building 

Technologies Program in the docket under ‘‘Energy 

Conservation Program: Test Procedures for 

Fluorescent Lamp Ballasts in Standby Mode,’’ 

Docket Number EERE–2008–BT–TP–0007, as 

comment number 11; and (2) a passage that appears 

on page 1 and 2 of that statement. Elsewhere in this 

notice, there are citations to the public meeting 

transcript, such as: (Public Meeting Transcript, No. 

9 at pp. 68–69). In this citation, the transcrit is 

recorded in the same docket as the ninth entry; and 

the stakeholder statement cited appearing on pages 

68–69. 

seq.; EPCA or the Act) sets forth a 

variety of provisions designed to 

improve energy efficiency. Part A of 

Title III (42 U.S.C. 6291–6309) 

establishes the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles,’’ which covers 

consumer products and certain 

commercial products (all of which are 

referred to below as ‘‘covered 

products’’), including fluorescent lamp 

ballasts (ballasts). (42 U.S.C. 6291(1)–(2) 

and 6292(a)(13)). 

Under the Act, the overall program 

consists essentially of the following 

parts: Testing, labeling, and Federal 

energy conservation standards. The 

testing requirements consist of test 

procedures, prescribed under EPCA, 

that manufacturers of covered products 

must use as the basis for certifying to 

the U.S. Department of Energy (DOE) 

that their products comply with EPCA 

energy conservation standards and for 

representing the energy efficiency of 

their products. 

Section 323 of EPCA (42 U.S.C. 6293) 

sets forth generally applicable criteria 

and procedures for DOE’s adoption and 

amendment of such test procedures. It 

states, for example, that ‘‘[a]ny test 

procedures prescribed or amended 

under this section shall be reasonably 

designed to produce test results which 

measure energy efficiency, energy use, 

* * * or estimated annual operating 

cost of a covered product during a 

representative average use cycle or 

period of use, as determined by the 

Secretary [of Energy], and shall not be 

unduly burdensome to conduct.’’ (42 

U.S.C. 6293(b)(3)) In addition, if DOE 

determines that a test procedure should 

be prescribed or amended, it must 

publish proposed test procedures and 

offer the public an opportunity to 

present oral and written data, views, 

and arguments with respect to such 

procedures with a comment period no 

less than 60 days and not to exceed 270 

days. (42 U.S.C. 6293(b)(2)) Finally, in 

any rulemaking to amend a test 

procedure, DOE must determine ‘‘to 

what extent, if any, the proposed test 

procedure would alter the measured 

energy efficiency * * * of any covered 

product as determined under the 

existing test procedure.’’ (42 U.S.C. 

6293(e)(1)) If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

For ballasts, the test procedures must 

be ‘‘in accord with ANSI Standard 

C82.2–1984 or other test procedures 

determined appropriate by the 

Secretary.’’ (42 U.S.C. 6293(b)(5)) DOE’s 

existing test procedures for ballasts, 

which it adopted pursuant to the above 

provisions, appear at Title 10 of the 

Code of Federal Regulations (CFR) part 

430, subpart B, appendix Q (‘‘Uniform 

Test Method for Measuring the Energy 

Consumption of Fluorescent Lamp 

Ballasts’’). 

The Energy Independence and 

Security Act of 2007 (Pub. L. 110–140; 

EISA) was enacted December 19, 2007, 

and contains numerous amendments to 

EPCA. These include a requirement that 

for each covered product for which 

DOE’s current test procedures do not 

fully account for standby mode and off 

mode energy consumption, DOE must 

amend the test procedures to include 

standby mode and off mode energy 

consumption into the overall energy 

efficiency, energy consumption, or other 

energy descriptor for that product, or, if 

that is technically infeasible, DOE must 

prescribe a separate standby mode and 

off mode energy use test procedure if 

technically feasible. (EPCA section 

325(gg)(2)(A); 42 U.S.C. 6295(gg)(2)(A)) 

Any such amendment must consider the 

most current versions of International 

Electrotechnical Commission Standards 

62301 and 62087. Id. For fluorescent 

lamp ballasts, EPCA section 

325(gg)(2)(B)(ii) requires that DOE 

prescribe any such amendment to the 

test procedure for fluorescent lamp 

ballasts by March 31, 2009. (42 U.S.C. 

6295(gg)(2)(B)(ii)) DOE is issuing this 

notice pursuant to this requirement. 

In a separate rulemaking proceeding, 

DOE is considering energy conservation 

standards for fluorescent lamp ballasts 

(docket number EERE–2007–BT–STD– 

0016; hereinafter referred to as the 

‘‘ballast standards rulemaking’’). DOE 

initiated that rulemaking by publishing 

a Federal Register notice announcing a 

public meeting and availability of the 

framework document (‘‘Energy 

Efficiency Program for Consumer 

Products: Public Meeting and 

Availability of the Framework 

Document for Fluorescent Lamp 

Ballasts,’’) on January 22, 2008. 73 FR 

3653. One of the issues DOE raised for 

comment in the ballast standards 

rulemaking framework document 

related to DOE’s obligation to develop a 

test procedure that measures the energy 

consumed by fluorescent lamp ballasts 

in standby mode and off mode. 

Specifically, item two from the 

framework document reads: 

Item 2. DOE welcomes comment on the 

standby power provisions from EISA 2007 

and issues arising therefrom, including: (a) 

How DOE should modify its test procedure 

for fluorescent lamp ballasts; (b) Which 

covered fluorescent lamp ballasts are subject 

to standby mode and off mode energy use?; 

and (c) How DOE should take standby mode 

and off mode energy consumption into its 

analysis for the energy conservation 

standard? 

On February 6, 2008, DOE held a 

public meeting in Washington, DC, to 

discuss the framework document for the 

fluorescent lamp ballast energy 

conservation standards rulemaking. 

Attendees discussed the issue of 

measuring standby mode and off mode. 

In addition, DOE received one written 

comment concerning standby mode and 

off mode testing during the comment 

period for the framework document. 

(National Electrical Manufacturers 

Association (NEMA), No. 11 at pp. 1– 

2) 1 All comments on the ballast 

standards rulemaking regarding the 

measurement of standby mode and off 

mode energy consumption are discussed 

in section III of this notice. 

Finally, the amendments contained in 

section 310(3) of EISA insert new 

subsection (gg) into section 325 of 

EPCA, and in part directs that any final 

rule establishing or revising a standard 

for a covered product, adopted after July 

1, 2010, shall incorporate standby mode 

and off mode energy use into a single 

amended new standard. (EPCA section 

325(gg); 42 U.S.C. 6295(gg)(3)(A)) This 

new section applies to the ballast 

standards rulemaking (EERE–2007–BT– 

STD–0016), scheduled to be completed 

in 2011. However, pursuant to new 

section 325(gg)(2)(C) of EPCA (42 U.S.C. 

6295(gg)(2)(C)), the amendments 

proposed for the test procedure will not 

apply to the existing energy 

conservation standards for fluorescent 

lamp ballasts. Instead, today’s proposed 

test procedure is laying the groundwork 

for DOE to measure and take into 

consideration energy consumed in 

standby mode and off mode following 

the establishment of amended ballast 

standards in a future rulemaking. 

II. Summary of the Proposal 

This notice of proposed rulemaking 

(NOPR) proposes to modify DOE’s 

current test procedures for fluorescent 

lamp ballasts in order to address the 

statutory requirement to expand test 

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3452 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

2 DOE first raised this issue in its framework 

document, published for the energy conservation 

standards rulemaking on fluorescent lamp ballasts. 

The framework document at page 4 stated that 

‘‘[f]luorescent lamp ballast[s] never meet the 

definition of ‘off mode.’ ’’ DOE continued by stating 

that off mode, as defined by EISA, does not apply 

to ballasts. A copy of the framework document 

published in January 2008 is available at: http:// 

www1.eere.energy.gov/buildings/appliance_

standards/residential/pdfs/ballast_framework_

011408.pdf. 

The publication of this framework document was 

announced in the Federal Register at 73 FR 3653. 

3 DOE’s current test procedure for fluorescent 

lamp ballasts is contained in appendix Q to subpart 

B of part 430—‘‘Uniform Test Method for 

Measuring the Energy Consumption of Fluorescent 

Lamp Ballasts.’’ 

4The discussion concerning revising the test 

procedure for fluorescent lamp ballasts occurs on 

pages 7 through 9 of the framework document. A 

copy of the framework document published in 

January 2008 is available at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/pdfs/ 

ballast_framework_011408.pdf. 

The publication of this framework document was 

announced in the Federal Register at 73 FR 3653. 

procedures to incorporate a measure of 

standby mode and off mode energy 

consumption. 

In the context of fluorescent lamp 

ballasts, DOE reviewed the definitions 

of standby mode and off mode 

contained in EPCA section 325(gg)(1). 

(42 U.S.C. 6295(gg)(1)) DOE found that 

while it was possible for fluorescent 

lamp ballasts to operate in standby 

mode, the off mode condition does not 

apply to fluorescent lamp ballasts, 

because it addresses a mode of energy 

use in which fluorescent lamp ballasts 

do not operate. For this reason, today’s 

notice proposes a test method for 

measuring power consumed in standby 

mode (see section III.C) and provides an 

opportunity for the public to comment 

on DOE’s rationale for why off mode 

does not apply (see section III.A.3).2

After studying the market of 

commercially available fluorescent 

ballasts and the definition of standby 

mode, DOE is proposing to interpret this 

mode as only applying to certain 

ballasts under certain operating 

conditions. DOE believes standby mode 

only applies to ballasts that are active 

components of lighting control systems, 

meaning the ballasts incorporate 

electronics that can receive a signal 

from a control system, and can respond 

to that signal by adjusting light output. 

These ballasts enter standby mode when 

the ballast is instructed to reduce lamp 

light output to zero percent (i.e., 

providing no active mode function). In 

this situation, the ballast is connected to 

a main power source and offers a useroriented feature by facilitating the 

activation or deactivation of its main 

function (i.e., operating the lamp to 

produce light) by remote switch, or 

internal sensor (i.e., the control system). 

(42 U.S.C. 6295(gg)(1)(A)(iii)) If, on the 

other hand, these same ballasts were 

dimmed to a level less than full output 

but greater than zero percent, they could 

not be in standby mode because they 

would be providing a ballast’s main 

function (i.e., operating a lamp to 

produce light). (42 U.S.C. 

6295(gg)(1)(A)(i)) 

The amendments proposed in this 

notice are based on provisions 

contained and adapted from the current 

ANSI testing standard, ANSI Standard 

C82.2–2002. It should be noted that 

DOE’s existing test procedure for 

fluorescent lamp ballasts 3 measures the 

input power for active mode using ANSI 

Standard C82.2–1984. However, the 

amendments proposed in this notice are 

based on measuring input power for the 

standby mode test procedure using the 

current ANSI testing standard, ANSI 

Standard C82.2–2002. In addition, DOE 

believes that the only difference 

between the two test procedures relates 

to the interference of testing 

instrumentation. Specifically, DOE 

believes the input power measurement 

of C82.2–2002 reduces the interference 

of instrumentation on the input power 

measurement as compared to C82.2– 

1984. However, DOE also believes that 

because modern instrumentation does 

not significantly interfere with input 

power measurements, the differences 

between the input power measurements 

of the two test procedures are negligible. 

DOE is not proposing to update the 

fluorescent lamp ballast active mode 

test procedure references of ANSI 

Standard C82.2–1984 contained in 

appendix Q to subpart B of part 430 

because DOE is considering revising the 

fluorescent lamp ballast active mode 

test procedure in a subsequent 

rulemaking as discussed in the 

framework document 4 and at the public 

meeting. (Public Meeting Transcript, 

No. 9 at pp. 11–12 and 69–78) Thus, the 

amendments proposed in today’s notice 

only append provisions to sections 1, 2 

and 3 of appendix Q to subpart B of part 

430 to address new definitions, test 

conditions, and methods for measuring 

standby mode power consumption. 

Today’s proposal does not affect the 

existing test procedure or energy 

conservation standards in place for 

fluorescent lamp ballasts, because DOE 

does not currently regulate standby 

mode power consumption of fluorescent 

lamp ballasts. 

EPCA also requires that DOE 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency. (42 U.S.C. 

6293(e)(1)) DOE notes that the test 

procedure amendments proposed in this 

notice would not change the measure of 

the ballast efficacy factor, the metric on 

which the current energy conservation 

standard is based. Thus, the measure of 

this proposed test procedure would not 

alter the measured fluorescent lamp 

ballast energy efficiency. 

As amended, EPCA provides that 

amendments to the test procedures to 

include standby mode and off mode 

energy consumption shall not be used to 

determine compliance with previously 

established standards. (42 U.S.C. 

6295(gg)(2)(C)) Thus, the proposed 

inclusion of a standby mode test 

procedure in today’s notice will not 

affect a manufacturer’s ability to 

demonstrate compliance with the 

existing energy conservation standards 

for fluorescent lamp ballasts. Indeed, 

the standby mode test procedure need 

not be performed to determine 

compliance with the statutory energy 

conservation standards for fluorescent 

lamp ballasts because the existing 

statutory standards do not account for 

standby mode power consumption. The 

Department’s test procedures for 

measuring standby mode would become 

effective, in terms of adoption into the 

Code of Federal Regulations, 30 days 

after the date of publication in the 

Federal Register of the final rule in this 

test procedures rulemaking. 

DOE proposes this test procedure to 

assist in its evaluation of fluorescent 

lamp ballast standby mode energy 

consumption as part of its ballast 

standards rulemaking which may 

establish future energy conservation 

standards for ballasts. DOE intends to 

consider standby mode energy 

consumption in that rulemaking, to 

comply with the EPCA requirement that 

DOE incorporate standby mode into a 

single amended or new standard, 

pursuant to EPCA section 325(gg)(2)(A); 

(42 U.S.C. 6295(gg)(2)(A)). If DOE 

adopts energy conservation standards 

for standby mode in that rulemaking, 

manufacturers would be required to use 

the test procedures’ standby mode 

provisions to demonstrate compliance 

on the effective date of a final rule 

establishing amended standards for 

fluorescent lamp ballasts. The 

introductory sentence in proposed 

subsection 2.2 of appendix Q to subpart 

B of part 430 would be removed in a 

notice of final rulemaking establishing 

amended standards for fluorescent lamp 

ballasts. 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3453 

III. Discussion 

A. Definitions 

EPCA section 325(gg) lists definitions 

for three modes of energy consumption 

that are applicable to a broad set of 

consumer products and commercial 

equipment, including fluorescent lamp 

ballasts. (42 U.S.C. 6295(gg)(1)(A)) The 

EPCA definitions of active mode, 

standby mode, and off mode are 

discussed in this section, and their 

applicability to fluorescent lamp 

ballasts is addressed. 

1. Active Mode 

Although DOE is not directed to adopt 

a test procedure for active mode in 

section 325(gg) of EPCA, a review of the 

definition of active mode and DOE’s 

interpretation of its meaning is 

necessary to clarify the definition of off 

mode, which uses the term active mode. 

EPCA section 325(gg)(1)(A)(i) defines 

active mode as ‘‘the condition in which 

an energy-using product—(I) is 

connected to a main power source; (II) 

has been activated; and (III) provides 1 

or more main functions.’’ (42 U.S.C. 

6295(gg)(1)(A)(i)) Focusing on the third 

part of this definition, DOE believes that 

the main function of a fluorescent lamp 

ballast is to operate one or more 

fluorescent lamps. DOE understands 

that there are many different types of 

ballasts, but the main function common 

to all of them is that they are designed 

to operate fluorescent lamps. Therefore, 

DOE interprets the term active mode to 

mean a ballast that is operating one or 

more fluorescent lamps (i.e., providing 

and regulating current). DOE does not 

discriminate between dimmable and 

non-dimmable ballasts when 

considering active mode; rather DOE 

interprets active mode as being 

applicable to any amount of rated 

system light output (i.e., greater than 

zero percent of the rated system light 

output). Non-dimmable ballasts would 

operate the lamp or lamps in active 

mode at 100 percent of the rated system 

light output. Dimmable ballasts can vary 

the system light output. For dimmable 

ballasts, DOE interprets greater than 

zero percent of rated system light output 

to be active mode. This is because the 

main function of a ballast is to operate 

a fluorescent lamp. Whether the light 

output is any percentage greater than 

zero of the rated system light output, the 

ballast is operating the lamp. DOE 

invites comment on this interpretation 

of active mode. 

2. Standby Mode 

EPCA section 325(gg)(1)(A)(iii) 

defines standby mode as ‘‘the condition 

in which an energy-using product—(I) is 

connected to a main power source; and 

(II) offers 1 or more of the following 

user-oriented or protective functions: 

(aa) To facilitate the activation or 

deactivation of other functions 

(including active mode) by remote 

switch (including remote control), 

internal sensor, or timer. (bb) 

Continuous functions, including 

information or status displays 

(including clocks) or sensor-based 

functions.’’ (42 U.S.C. 

6295(gg)(1)(A)(iii)) Two key aspects of 

this definition relate to fluorescent lamp 

ballasts: (1) Connected to a main power 

source and (2) offering the activation or 

deactivation of other functions by 

remote switch or internal sensor. 

The definition of standby mode in 

part requires that ballasts be connected 

to their main power source. (42 U.S.C. 

6295(gg)(1)(A)(iii)) This ‘‘connected’’ 

requirement effectively removes the 

majority of ballasts from having standby 

mode energy consumption because most 

ballasts are operated with on-off 

switches, motion sensors, circuit 

breakers, or other relays that disconnect 

main power to switch off the ballast. 

Once the main power source is 

disconnected from the ballast, the 

ballast ceases to operate the lamps (i.e., 

the system light output falls to zero), 

and the ballast consumes no energy. The 

National Electrical Manufacturers 

Association (NEMA) touches on this 

point in its written comments in 

response to the framework document for 

the ballast standards rulemaking. NEMA 

stated that the ‘‘vast majority’’ of 

fluorescent lamp ballasts do not 

consume power when they are switched 

off. NEMA finds it is unclear whether 

these ballasts would have a standby 

mode, given the definition in the 

statute. (NEMA, No. 11 at p. 2) DOE 

agrees with this comment, and believes 

that those ballasts that are controlled by 

disconnecting the main power source 

from the ballast never operate in 

standby mode. 

The definition of standby mode also 

in part contains an element that standby 

mode applies to energy-using products 

that facilitate the activation or 

deactivation of other functions by 

remote switch, internal sensor, or timer. 

(42 U.S.C. 6295(gg)(1)(A)(iii)(II)(aa)) 

DOE interprets this condition as 

applying only to ballasts that are 

designed to operate in, or function as, a 

lighting control system where auxiliary 

control devices send signals to the 

ballast. An example of this ballast 

would be a ballast that incorporates a 

digital addressable lighting interface 

(DALI). A ballast that incorporates a 

lighting interface like DALI (whether 

dimming or not) has an electronic 

circuit enabling the ballast to 

communicate with, and receive 

instructions from, the lighting interface 

(e.g., DALI) system. These instructions 

could tell the ballast to go into active 

mode or to adjust the light output to 

zero-percent output. In this latter 

condition, the ballast is no longer 

producing any light from the fluorescent 

lamps (i.e., no longer in active mode). 

Thus, at zero light output, the ballast is 

standing by, connected to a main power 

source while it awaits instructions from 

the lighting control system to initiate an 

arc and produce light again. 

NEMA indicated in its comments that 

ballasts that are part of a lighting control 

system (e.g., digitally addressable 

dimming ballasts) would be the only 

candidates for operating in standby 

mode. (NEMA, No. 11 at p. 2) As 

described above, DOE agrees with this 

comment from NEMA that standby 

mode, as defined by the statute, exists 

for ballasts that operate on a lighting 

control system which individually 

addresses the ballast and offers remote 

activation or deactivation functions. In 

fact, the only fluorescent lamp ballasts 

DOE is aware of that meet the statutory 

requirements for standby mode are 

those ballasts that are an active 

component of a lighting control system. 

DOE invites further comment from 

stakeholders on its interpretation of 

standby mode for fluorescent lamp 

ballasts. 

3. Off Mode 

EPCA section 325(gg)(1)(A)(ii) defines 

off mode as ‘‘the condition in which an 

energy-using product—(I) is connected 

to a main power source; and (II) is not 

providing any standby or active mode 

function.’’ (42 U.S.C. 6295(gg)(1)(A)(ii)) 

DOE considered this definition in the 

context of fluorescent lamp ballasts and 

believes that off mode does not apply to 

any fluorescent lamp ballast (i.e., 

dimmable or non-dimmable) because off 

mode describes a condition that 

commercially available ballasts do not 

attain. 

The definition of off mode requires 

that ballasts be connected to a main 

power source and not provide any 

standby or active mode function. (42 

U.S.C. 6295(gg)(1)(A)(ii)) DOE does not 

believe it is possible for ballasts to meet 

these criteria. As described above, active 

mode encompasses conditions in which 

the ballast operates a lamp or lamps to 

produce greater than zero percent of the 

rated system light output. Standby mode 

applies to the situation in which the 

ballast is connected to a main power 

source and is not operating a lamp or 

lamps (i.e., the lamps have zero percent 

light output). Therefore, when 

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connected to a main power source, the 

functions provided in standby mode 

and active mode already encompass 

every possible level of ballast operation, 

from zero to greater than zero percent of 

system rated light output. There is no 

condition in which the ballast is 

connected to the main power source and 

it is not already accounted for in either 

active mode or standby mode. For this 

reason, ballasts fail to meet the second 

requirement of the EPCA definition of 

off mode, that it is not providing any 

standby or active mode function. (42 

U.S.C. 6295(gg)(1)(A)(ii)(II)) 

Furthermore, the power consumption 

measurement of the ballast in standby 

mode already captures the device in its 

lowest power-consuming condition. 

This means that in standby mode, the 

ballast is connected to a main power 

source but is not providing any output 

to the lamps (i.e., zero percent light 

output). Disconnecting the ballast from 

the main power source by a switch, for 

example, would bring the ballast to a 

lower state of energy use (i.e., zero 

percent power consumption), and 

would fail to meet the first criterion of 

the off-mode definition, that the ballast 

be connected to a main power source. 

(42 U.S.C. 6295(gg)(1)(A)(ii)(I)) 

For some products, DOE is 

interpreting off mode as a condition in 

which the user may choose to operate a 

manual switch mounted on the device 

to enable off mode, which would 

represent the lowest energy state. 

However this condition does not apply 

to ballasts, and DOE is not aware of any 

ballasts manufactured with a manual 

switch mounted on the housing. 

Instead, ballasts are usually inaccessible 

to end-users, and do not incorporate 

manual switches or other features that 

users may operate to affect the mode of 

the ballast. Thus, the lowest energy state 

of a fluorescent lamp ballast is that 

which is measured in standby mode, 

which by definition cannot also 

constitute off mode. 

For all of the reasons discussed above, 

DOE is unable to identify a situation in 

which a ballast would be in off mode. 

Therefore, DOE is proposing in today’s 

notice that off mode be considered 

inapplicable to fluorescent lamp 

ballasts. Should circumstances change 

in the future, DOE may choose to revisit 

this interpretation and propose a test 

method for measuring off mode. DOE 

invites comment on its proposal not to 

incorporate a test method for measuring 

off mode energy consumption for 

ballasts at this time. 

B. Scope of Applicability 

1. Types of Ballasts Covered 

DOE’s coverage authority extends 

beyond those ballasts for which it has 

set standards. According to the 

definition set forth in 42 U.S.C. 

6291(29)(A), ‘‘[t]he term ‘fluorescent 

lamp ballast’ means a device which is 

used to start and operate fluorescent 

lamps by providing a starting voltage 

and current and limiting the current 

during normal operation.’’ This 

definition is broad, and encompasses 

many types of ballasts that are then later 

excluded from standards, such as 

dimming ballasts. (42 U.S.C. 6295(g)(6); 

42 U.S.C. 6295(g)(8)(C)) That DOE does 

not have energy conservation standards 

in place for certain types of ballasts does 

not prevent DOE from considering these 

ballasts in the context of standby mode. 

NEMA commented that it believes 

that dimming ballasts (and therefore 

digitally addressable dimming ballasts) 

are outside the scope of DOE’s energy 

conservation standards rulemaking. 

(NEMA, No. 11 at p. 2 and Public 

Meeting Transcript, No. 9 at pp. 68–69) 

To establish a test procedure that 

measures standby mode power 

consumption, DOE finds no reason to 

exclude dimming ballasts from 

consideration. NEMA is correct that 

ballasts designed for dimming to 50 

percent or less of their maximum output 

are not currently subject to DOE’s 

current energy conservation standards. 

See 10 CFR 430.32(m)(2)(i). However, 

there is no statutory definition or other 

guidance directing DOE to exclude 

dimming ballasts from consideration 

under an energy conservation standards 

rulemaking that is evaluating 

fluorescent lamp ballasts. Indeed, 

fluorescent lamp ballasts as defined in 

section 321 of EPCA include all 

fluorescent ballasts designed to start and 

operate lamps, and EPCA does not 

differentiate between or exclude either 

steady-state or dimming ballasts. (42 

U.S.C. 6291(29)(A)) DOE will formally 

address this comment from NEMA in its 

energy conservation standards 

rulemaking, but for the purposes of this 

test procedure to measure standby mode 

power consumption, DOE is considering 

dimming ballasts as part of its scope of 

coverage. 

As discussed in section III.A.2 of this 

notice, DOE is considering standby 

mode as only applying to ballasts that 

incorporate some kind of lighting 

control system interface, as DOE 

believes these ballasts are the only 

ballasts that satisfy the EPCA definition 

of standby mode in that they are 

‘‘connected to a main power source’’ 

and ‘‘facilitate the activation or 

deactivation of other functions 

(including active mode) by remote 

switch (including remote control), 

internal sensor, or timer.’’ (42 U.S.C. 

6295(gg)(1)(A)(iii)) DOE understands 

that these ballasts are designed with 

circuitry that adds new features, 

including intelligent operation. As 

discussed above, one example of these 

ballasts would be a DALI-enabled 

ballast. DALI-enabled ballasts have 

internal circuitry that is fundamentally 

part of the ballast design that remains 

active and consumes energy, even when 

the ballast is not driving any lamps. 

DOE is unaware of any other types of 

ballasts that would have standby mode 

power consumption. 

In addition, as discussed in section 

III.A.2, NEMA commented that digitally 

addressable dimming ballasts are the 

only candidates that might be 

considered subject to standby mode 

power consumption. (NEMA, No. 11 at 

p. 2) DOE agrees in part with this 

comment, noting that at this time, 

ballasts that incorporate some type of 

circuitry enabling them to operate on a 

lighting control system are the only 

ballasts that consume power when not 

operating fluorescent lamps and thus 

are the only ballasts to which standby 

mode applies. DOE notes, however, that 

it is technically feasible for both 

dimming ballasts and non-dimming 

ballasts to have standby mode power 

consumption if they are capable of being 

used as part of a lighting control system. 

In summary, this test procedure 

would be applicable to any ‘‘fluorescent 

lamp ballast’’ as defined in section 321 

of EPCA (42 U.S.C. 6291(29)(A)). Based 

on today’s market, DOE believes that the 

ballasts subject to standby mode power 

measurements would be those that 

incorporate some electronic circuit 

enabling the ballast to communicate 

with and be part of a lighting control 

system. DOE also recognizes that 

standby mode can apply both to 

dimming ballasts and non-dimming 

ballasts. DOE invites comment on its 

proposal to interpret the scope of 

applicability of this test procedure to 

apply to all fluorescent lamp ballasts 

that incorporate an electronic circuit 

enabling the ballast to communicate 

with and be part of a lighting control 

system. 

2. Effective Date 

EPCA section 325(gg)(2)(B) requires 

that DOE complete development of this 

test procedure addressing standby mode 

and off mode for fluorescent lamp 

ballasts (i.e., publish a final rule) by 

March 31, 2009. (42 U.S.C. 

6295(gg)(2)(B)(ii)) DOE intends to meet 

this statutory deadline. The final rule of 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3455 

5The framework document at page 11 states that 

this rulemaking is scheduled to complete in June 

2011. A copy of the framework document published 

in January 2008 is available at: http://www1.eere.

energy.gov/buildings/appliance_standards/

residential/pdfs/ballast_framework_011408.pdf. 

The publication of this framework document was 

announced in the Federal Register at 73 FR 3653. 

this test procedure will become effective 

30 days after its publication in the 

Federal Register. It should be noted that 

DOE does not currently have any energy 

conservation standards pertaining to 

standby mode (or off mode) power 

consumption and this rulemaking will 

not affect the ballast efficacy factor, the 

measure of energy conservation on 

which the current energy conservation 

standard is based. Therefore, this rule 

would not change how manufacturers 

measure and establish compliance with 

DOE’s existing energy conservation 

standards for fluorescent lamp ballasts. 

EPCA requires DOE to consider 

standby mode and off mode for all 

energy conservation final rules issued 

after July 1, 2010. (42 U.S.C. 

6295(gg)(3)(A)) DOE initiated an energy 

conservation standard rulemaking for 

fluorescent lamp ballasts on January 22, 

2008 with the publication of a 

framework document. 73 FR 3653. 

Because the final energy conservation 

standard rule is scheduled to be issued 

in June 2011 5, after July 1, 2010, DOE 

must consider adopting standby and off 

mode energy conservation standards 

during that rulemaking. If energy 

conservation standards for standby 

mode are adopted in that rulemaking 

proceeding, manufacturers would be 

required to use the standby mode test 

procedure to demonstrate compliance of 

products manufactured after standby 

power energy conservation standards 

take effect. Any new energy 

conservation standard promulgated 

under that rulemaking would take effect 

five years after the effective date of the 

previous amended rule but only if that 

date is not within 3 years after the 

publication of the fluorescent ballast 

standards rulemaking final rule in June 

2011. (42 U.S.C. 6295(g)(7)(C)) 

3. Relationship to Other Rulemakings 

DOE is conducting two additional 

rulemakings on fluorescent lamp 

ballasts. As previously mentioned, DOE 

initiated a ballast energy conservation 

standards rulemaking in January 2008, 

which will evaluate whether to amend 

the standards in place for fluorescent 

lamp ballasts, including whether to add 

standby mode. That rulemaking will 

also consider extending coverage and 

standards to additional fluorescent lamp 

ballasts. 

The other rulemaking is a test 

procedure rulemaking concerning 

fluorescent lamp ballast active mode 

power consumption, scheduled to start 

in 2009, in which DOE will consider 

updating the references to industry 

standards (found in appendix Q to 

subpart B of 10 CFR part 430) to current 

versions of the industry standards. In 

today’s standby mode power 

consumption test procedure NOPR, DOE 

is proposing to adopt the most current 

versions of the industry testing 

standards for measuring standby power 

by referencing ANSI Standard C82.2– 

2002. This will result in testing 

requirements that are different from the 

current active mode power consumption 

test procedure, which references ANSI 

Standard C82.2–1984. 

C. Proposed Approach 

1. Overview of Test Procedure 

EPCA section 325(gg)(2)(A) in part 

directs DOE to establish test procedures 

to include standby mode, ‘‘taking into 

consideration the most current versions 

of Standards 62301 and 62087 of the 

International Electrotechnical 

Commission * * *’’ (42 U.S.C. 

6295(gg)(2)(A)) IEC Standard 62087 

applies only to audio, video, and related 

equipment, but not to lighting 

equipment. Thus, IEC Standard 62087 

does not apply to this rulemaking, and 

DOE developed today’s proposed rule 

consistent with procedures outlined in 

IEC Standard 62301 which applies 

generally to household electrical 

appliances. To develop a test method 

that would be familiar to fluorescent 

ballast manufacturers, DOE referenced 

language and methodologies presented 

in ANSI Standard C82.2–2002 (‘‘For 

Lamp Ballasts—Method of Measurement 

of Fluorescent Lamp Ballasts’’). 

Today’s proposed test procedure for 

measuring standby power consumption 

consists of the following steps: (1) A 

signal is sent to the ballast instructing 

it to reduce light output to zero percent; 

(2) the main input power to the ballast 

is measured; and (3) the power from the 

control signal path is measured in one 

of three ways, depending on how the 

signal from the control system is 

delivered to the ballast. 

In sections 2 through 4 that follow, 

DOE discusses the language being 

proposed for insertion into section 1 of 

appendix Q to subpart B of 10 CFR part 

430 (hereinafter, ‘‘appendix Q’’). 

2. Definitions 

Section 1 of appendix Q provides 

definitions for terms used in the test 

procedure for fluorescent lamp ballasts. 

The list of terms was organized 

alphabetically, but one term was out of 

place. In addition, DOE needs to insert 

six new terms to accommodate 

terminology used in the new test 

procedure being proposed today. The 

six new terms are as follows: AC control 

signal, ANSI Standard C82.2–2002, DC 

control signal, PLC control signal, 

standby power, and wireless control 

signal. 

The definition for AC control signal 

states that it is ‘‘an alternating current 

(AC) signal that is supplied to the 

ballast using additional wiring for the 

purpose of controlling the ballast and 

putting the ballast in standby mode.’’ 

Some lighting control systems operate 

by communicating with the ballasts over 

a separate wiring system using an AC 

voltage. DOE was unable to locate a 

definition for AC control signal in IEC 

Standard 62301 or ANSI Standard 

C82.2–2002. Therefore, DOE drafted this 

definition of an AC control signal to 

enhance the clarity and understanding 

of its proposed test procedure— 

specifically that an AC control signal is 

a signal supplied to the ballast over a 

discrete wiring system for the purpose 

of ballast control. In today’s test 

procedure, DOE proposes to measure 

the power consumed by the ballast 

through the control signal wiring 

system. 

The definition for ANSI Standard 

C82.2–2002 is based on the wording of 

the existing definition of ANSI Standard 

C82.2–1984 in appendix Q. 

The definition of DC control signal 

states that it is ‘‘a direct current (DC) 

signal that is supplied to the ballast 

using additional wiring for the purpose 

of controlling the ballast and putting the 

ballast in standby mode.’’ Some lighting 

control systems operate by 

communicating with the ballasts over a 

separate wiring system using DC 

voltage. DOE was unable to locate a 

definition for a DC control signal in IEC 

Standard 62301 or ANSI Standard 

C82.2–2002. Therefore, DOE drafted this 

definition of a DC control signal to 

enhance the clarity and understanding 

of its proposed test procedure— 

specifically that a DC control signal is 

a signal supplied to the ballast over a 

discrete wiring system for the purpose 

of ballast control. In today’s test 

procedure, DOE proposes to measure 

the power consumed by the ballast 

through the control signal wiring 

system. 

The definition of PLC control signal 

states that it is ‘‘a power line carrier 

(PLC) signal that is supplied to the 

ballast using the input ballast wiring for 

the purpose of controlling the ballast 

and putting the ballast in standby 

mode.’’ Some lighting control systems 

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3456 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

operate by communicating with the 

ballasts over the existing power lines 

that constitute the main power 

connection. DOE was unable to locate a 

definition for a PLC control signal in 

IEC Standard 62301 or ANSI Standard 

C82.2–2002. Therefore, DOE drafted this 

definition of a PLC control signal to 

enhance the clarity and understanding 

of its proposed test procedure— 

specifically that a PLC control signal is 

a signal supplied to the ballast over its 

input ballast wiring for the purpose of 

controlling the ballast. In today’s test 

procedure, DOE proposes to measure 

the power consumed by the ballast 

through the PLC control signal. 

The definition of standby mode was 

provided in EPCA section 

325(gg)(1)(A)(iii). (42 U.S.C. 

6295(gg)(1)(A)(iii)) In today’s notice, 

DOE proposes to incorporate this EPCA 

definition into appendix Q. 

The definition of wireless control 

signal states that it is ‘‘a wireless signal 

that is radiated to and received by the 

ballast for the purpose of controlling the 

ballast and putting the ballast in 

standby mode.’’ Some lighting control 

systems operate by communicating with 

the ballasts over a wireless system, 

much like a wireless computer network. 

DOE was unable to locate a definition 

for a wireless control signal in IEC 

Standard 62301 or ANSI Standard 

C82.2–2002. Therefore, DOE drafted this 

definition of a wireless control signal to 

enhance the clarity and understanding 

of its proposed test procedure— 

specifically that a wireless control 

signal is a signal radiated from the 

lighting control system to the ballast for 

the purpose of controlling the ballast. 

DOE invites stakeholder comment on 

these six new definitions being 

proposed for incorporation into section 

1 of appendix Q. 

3. Test Conditions 

Section 2 of appendix Q provides the 

required test conditions for measuring 

the performance of fluorescent lamp 

ballasts. DOE proposes to modify 

section 2 to establish new test 

conditions only for the measurement of 

standby mode energy consumption, and 

thereby not affect the existing test 

conditions required for measuring the 

ballast efficacy factor in the current 

fluorescent lamp ballast test procedure. 

In other words, section 2 is proposed to 

be subdivided into two subsections, 2.1 

and 2.2. Subsection 2.1 will contain the 

same requirements as section 2 does 

now, based on the test conditions 

contained in ANSI Standard C82.2– 

1984, for the purpose of measuring the 

ballast efficacy factor. Subsection 2.2 

will be structured in the same way as 

subsection 2.1; however, it will be for 

the purpose of measuring power 

consumed in standby mode. 

DOE also proposes to correct the 

acronym used in existing section 2 for 

the American National Standard 

Institute, which is shown as ‘‘ANIS’’ 

instead of ‘‘ANSI’’ and to be consistent 

with other parts of the statute, refer to 

section 430.22 entitled ‘‘Reference 

Sources’’ for information on obtaining 

ANSI C82.2–1984. For clarity, all of 

section 2.1 is shown in the rule 

language section of this NOPR as 

proposed new language, although the 

only actual changes to section 2.1 are 

the acronym correction, the reference to 

section 430.22, and the addition of a 

sentence that reads: ‘‘The test 

conditions described in this subsection 

(2.1) are applicable to subsections 3.3 

and 3.4 of section 3, Test Method and 

Measurements.’’ 

DOE is concerned about having two 

different industry-referenced documents 

for test conditions. However, DOE notes 

that this is a temporary problem 

because, as previously mentioned, DOE 

will conduct a separate test procedure 

rulemaking on the existing fluorescent 

lamp ballast test procedure. In that 

future rulemaking, DOE will evaluate 

and consider updating the referenced 

industry standards in newly created 

subsection 2.1, and potentially 

recombine subsections 2.1 and 2.2 into 

one section 2. 

DOE invites stakeholder comments on 

this proposal for handling the different 

test conditions associated with the 

existing and proposed new test 

procedure for measuring energy 

consumption in standby mode. 

4. Test Method and Measurements 

Section 3 of appendix Q provides the 

test method and measurements 

associated with the fluorescent lamp 

ballast test procedure. This section 

references requirements for 

instrumentation and all the steps a 

technician must follow when measuring 

the performance of the ballast. In 

today’s notice, DOE does not propose to 

change any of the existing requirements 

or steps associated with testing for 

determining the ballast efficacy factor. 

Instead, DOE proposes to append new 

steps, at the end of section 3, which 

describe the procedure that must be 

followed for measuring power 

consumed during standby mode. 

In subsection 3.1, DOE proposes to 

append a new sentence to the end of the 

existing sentence, which indicates that 

the testing for standby mode must be 

done in accordance with ANSI Standard 

C82.2–2002. Specifically, the proposed 

new sentence reads: ‘‘The test method 

for measuring standby mode energy 

consumption of fluorescent lamp 

ballasts shall be done in accordance 

with ANSI Standard C82.2–2002.’’ As 

with the test condition issue in section 

2 of appendix Q, this proposed 

statement would create a bifurcated test 

setup, requiring technicians to conduct 

part of the testing on a fluorescent lamp 

ballast using one set of conditions and 

then change those conditions for a 

second set of measurements. However, 

as stated earlier, the test procedure for 

measuring standby mode is on an 

accelerated schedule and must be 

completed by March 2009, because of 

the requirements of EPCA section 

325(gg). (42 U.S.C. 6295(gg)) In addition, 

DOE intends to initiate another ballast 

test procedure rulemaking within one 

year that would consider harmonizing 

the test conditions and referenced 

industry standards. While today’s 

proposed test procedure would become 

effective 30 days after publication of the 

final rule, manufacturers would not use 

this test procedure to demonstrate 

compliance with any efficiency 

standard unless or until DOE establishes 

efficiency standards in the fluorescent 

ballast standards final rule, which is 

scheduled to be completed in 2011. 73 

FR at 3654. Any new energy 

conservation standards promulgated 

under that rulemaking would take effect 

five years after the effective date of the 

previous amended rule but only if that 

date is not within 3 years after the 

publication of the fluorescent ballast 

standards rulemaking final rule in 2011. 

(42 U.S.C. 6295(g)(7)(C)) 

In subsection 3.5, DOE proposes to 

insert the test method for measuring 

standby mode power. In this subsection, 

DOE directs the technician to send a 

signal to the ballast under test, 

instructing the ballast to have zero light 

output using the appropriate ballast 

communication protocol or system for 

that ballast. Next, the technician will 

measure the input power (in watts) to 

the ballast in accordance with ANSI 

Standard C82.2–2002. Finally, the 

technician will measure the power from 

the ballast control signal path using a 

method for an AC control signal path, a 

DC control signal path, or a power line 

carrier (PLC) control signal path, 

depending on the type of path that the 

ballast employs. 

The measurement of input power to 

the ballast from the main electricity 

supply is based on the approach in 

ANSI Standard C82.2–2002, section 13. 

This measurement parallels the 

approach DOE followed in subsection 

3.3.1 of the existing test procedure for 

fluorescent lamp ballasts, in which 

manufacturers are directed to measure 

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the input power (watts) to the ballast in 

accordance with ANSI Standard C82.2– 

1984, section 3.2.1(3) and section 4. The 

requirements of ANSI Standard C82.2– 

1984 have been combined into section 

13 in ANSI Standard C82.2–2002. Thus, 

the test measurements of ballast input 

power are required to be done in 

accordance with the appropriate 

sections of the industry test method. 

In subsection 3.5.3 of the proposed 

test procedure, DOE directs 

manufacturers to address measurement 

of control signal power. As DOE 

understands it, there are four possible 

ways of delivering a control signal to a 

fluorescent lamp ballast: (1) A dedicated 

AC control signal wire, (2) a dedicated 

DC control signal wire, (3) a power line 

carrier (PLC) control signal over the 

main supply input wires, and (4) a 

wireless control signal. DOE is 

interested in measuring the power 

consumed by the lighting control signal, 

and therefore proposes three methods 

for measuring that power, depending on 

which type of system is being used. 

DOE is not concerned with the power 

supplied to a ballast using the fourth 

approach, the wireless signal, because 

DOE estimates that the power supplied 

to a ballast using a wireless signal is 

well below 1.0 watt. The three circuit 

diagrams direct the technician to 

measure the control signal power using 

either a wattmeter (for the AC control 

signal wiring and the PLC control 

signal) or a voltmeter and ammeter (for 

the DC control signal). DOE incorporates 

three circuit diagrams in sections 

3.5.3.1, 3.5.3.2, and 3.5.3.3 to clearly 

present the intended method of 

measurement for each type of control 

system communication protocol. 

DOE invites stakeholder comments on 

the proposed method for measuring the 

power consumed by the control signal 

while the ballast is in standby mode. 

5. Test Procedure Measurements and 

Burden 

Once manufacturers have taken the 

two measurements—namely, the main 

input power and the control signal 

power in standby mode—DOE does not 

tell manufacturers how to combine 

these values or use them in equations. 

Instead, DOE intends to study how best 

to use these two measurements of 

standby mode power consumption in its 

rulemaking to evaluate energy 

conservation standards for fluorescent 

lamp ballasts, initiated in January 2008. 

73 FR 3653. DOE invites stakeholders to 

comment on any recommended 

approaches to combining these two 

measurements into one metric in the 

energy conservation standards 

rulemaking. 

Finally, the test procedure proposed 

today for measuring standby mode 

power consumption, as required by 

EPCA section 325(gg), is designed to 

produce results that measure power 

consumption in an accurate and 

repeatable manner, and should not be 

unduly burdensome on manufacturers 

to conduct. The test procedure is 

consistent with IEC Standard 62301 and 

follows testing approaches used in ANSI 

Standard C82.2–2002. DOE invites 

stakeholders to comment on the issue of 

burden, including whether there are any 

other ways DOE could secure the same 

accuracy and repeatability while 

reducing the burden. 

IV. Regulatory Review 

A. Executive Order 12866 

Today’s proposed rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ 58 FR 51735 

(October 4, 1993). Accordingly, this 

action was not subject to review under 

that Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) of the Office of Management and 

Budget (OMB). 

B. National Environmental Policy Act 

In this proposed rule, DOE proposes 

test procedure amendments that it 

expects will be used to develop and 

implement future energy conservation 

standards for ballasts. DOE has 

determined that this proposed rule falls 

into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.; NEPA) and DOE’s implementing 

regulations at 10 CFR part 1021. 

Specifically, this proposed rule would 

amend existing test procedures without 

affecting the amount, quality, or 

distribution of energy usage, and, 

therefore, will not result in any 

environmental impacts. Thus, this 

rulemaking is covered by Categorical 

Exclusion A5 under 10 CFR part 1021, 

subpart D, which applies to a 

rulemaking interpreting or amending an 

existing rule that does not change the 

environmental effect of the rule being 

amended. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

C. 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 DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site, http:// 

www.gc.doe.gov. 

DOE reviewed today’s proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the policies and 

procedures published on February 19, 

2003. As part of this rulemaking, DOE 

examined the existing compliance costs 

manufacturers already bear and 

compared them to the revised 

compliance costs, based on today’s 

proposed revisions to the test 

procedure. While it is true that 

manufacturers making any public 

representation of the standby power 

consumption of their ballasts would be 

required to use this test procedure, DOE 

does not find that the burden imposed 

by the revisions proposed in this 

document would result in any 

significant increase in testing or 

compliance costs. Rather, the technician 

is required to make one additional 

measurement using a test setup that is 

already commonly used in the industry 

for measuring ballast power 

consumption. In addition, as stated in 

today’s notice, standby mode only 

applies to a very small subset of 

fluorescent lamp ballasts (i.e., those 

enabled to operate on lighting control 

systems), and therefore the vast majority 

of ballasts sold would not be affected by 

today’s standard. On this basis, DOE 

tentatively concludes and certifies that 

this proposed rule would have no 

significant impact on a substantial 

number of small entities. Accordingly, 

DOE has not prepared a regulatory 

flexibility analysis for this rulemaking. 

DOE’s certification and supporting 

statement of factual basis will be 

provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration pursuant to 5 U.S.C. 

605(b). 

D. Paperwork Reduction Act 

This rulemaking will impose no new 

information collection or recordkeeping 

requirements. Manufacturers already 

collect test information and maintain 

records on regulated fluorescent lamp 

ballasts based on the certification and 

reporting requirements approved by 

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3458 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

OMB (OMB Control Number 1910– 

1400). Accordingly, OMB clearance is 

not required under the Paperwork 

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

E. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4; 

UMRA) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

proposed regulatory actions likely to 

result in a rule that may cause 

expenditures 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 

Federal agencies to publish estimates of 

the resulting costs, benefits, and other 

effects on the national economy (2 

U.S.C. 1532(a), (b)). UMRA also requires 

Federal agencies to develop an effective 

process to permit timely input by 

elected officers of State, local, and 

Tribal governments on a proposed 

‘‘significant intergovernmental 

mandate.’’ UMRA also requires an 

agency plan for giving notice and 

opportunity for timely input to small 

governments that may be affected before 

establishing a requirement that might 

significantly or uniquely affect them. On 

March 18, 1997, DOE published a 

statement of policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. (This policy is 

also available at http://www.gc.doe.gov). 

Today’s proposed 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 do not 

apply. 

F. Treasury and General Government 

Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277; 5 U.S.C. 601 

note) requires Federal agencies to issue 

a Family Policymaking Assessment for 

any proposed rule that may affect family 

well-being. Today’s proposed rule 

would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is unnecessary to 

prepare a Family Policymaking 

Assessment. 

G. Executive Order 13132 

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 has examined this proposed 

rule and has determined that it would 

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 under Executive Order 

13132. 

H. Executive Order 12988 

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; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) 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 sections 3(a) and 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, the proposed 

rule meets the relevant standards of 

Executive Order 12988. 

I. Treasury and General Government 

Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (Pub. L. 106–554; 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 proposed rule under 

the OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

J. Executive Order 13211 

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 OMB, 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. 

Today’s regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy. Therefore, it is not a 

significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

K. Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 15, 1988) 

DOE has determined that this rule 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3459 

L. Section 32 of the Federal Energy 

Administration Act of 1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977 (15 U.S.C. 

788; FEAA) Section 32 essentially 

provides in part that, where a proposed 

rule authorizes or requires use of 

commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. The proposed rule 

incorporates testing methods contained 

in the following commercial standards: 

ANSI Standard C82.2–2002, ‘‘American 

National Standard for Lamp Ballasts— 

Method of Measurement of Fluorescent 

Lamp Ballasts, 2002.’’ The Department 

has evaluated these standards and is 

unable to conclude whether they fully 

comply with the requirements of section 

32(b) of the FEAA, (i.e., that they were 

developed in a manner that fully 

provides for public participation, 

comment, and review). DOE will 

consult with the Attorney General and 

the Chairman of the FTC concerning the 

impact of these test procedures on 

competition, prior to prescribing a final 

rule. 

V. Public Participation 

A. Attendance at Public Meeting 

The time, date and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this NOPR. To attend the public 

meeting, please notify Ms. Brenda 

Edwards at (202) 586–2945. As 

explained in the ADDRESSES section, 

foreign nationals visiting DOE 

headquarters are subject to advance 

security screening procedures. 

B. Procedure for Submitting Requests To 

Speak 

Any person who has an interest in the 

topics addressed in this notice, or who 

is a representative of a group or class of 

persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

meeting. Such persons may handdeliver requests to speak to the address 

shown in the ADDRESSES section at the 

beginning of this notice between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Requests may 

also be sent by mail or e-mail to: Ms. 

Brenda Edwards, U.S. Department of 

Energy, Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, or Brenda.Edwards@ee.doe.gov. 

Persons who wish to speak should 

include in their request a computer 

diskette or CD in WordPerfect, Microsoft 

Word, PDF, or text (ASCII) file format 

that briefly describes the nature of their 

interest in this rulemaking and the 

topics they wish to discuss. Such 

persons should also provide a daytime 

telephone number where they can be 

reached. 

DOE requests that those persons who 

are scheduled to speak submit a copy of 

their statements at least one week prior 

to the public meeting. DOE may permit 

any person who cannot supply an 

advance copy of this statement to 

participate, if that person has made 

alternative arrangements with the 

Building Technologies Program in 

advance. When necessary, the request to 

give an oral presentation should ask for 

such alternative arrangements. 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also employ a professional facilitator to 

aid discussion. The public meeting will 

be conducted in an informal, conference 

style. The meeting will not be a judicial 

or evidentiary public hearing, but DOE 

will conduct it in accordance with 5 

U.S.C. 553 and section 336 of EPCA (42 

U.S.C. 6306). There shall not be 

discussion of proprietary information, 

costs or prices, market share, or other 

commercial matters regulated by U.S. 

anti-trust laws. 

DOE reserves the right to schedule the 

order of presentations and to establish 

the procedures governing the conduct of 

the public meeting. A court reporter will 

record the proceedings and prepare a 

transcript. 

At the public meeting, DOE will 

present summaries of comments 

received before the public meeting, 

allow time for presentations by 

participants, and encourage all 

interested parties to share their views on 

issues affecting this rulemaking. Each 

participant may present a prepared 

general statement (within time limits 

determined by DOE) before the 

discussion of specific topics. Other 

participants may comment briefly on 

any general statements. At the end of 

the prepared statements on each specific 

topic, participants may clarify their 

statements briefly and comment on 

statements made by others. Participants 

should be prepared to answer questions 

from DOE and other participants. DOE 

representatives may also ask questions 

about other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of procedures needed for the proper 

conduct of the public meeting. 

DOE will make the entire record of 

this proposed rulemaking, including the 

transcript from the public meeting, 

available for inspection at the U.S. 

Department of Energy, 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. The official 

transcript will also be posted on the 

Webpage at http://www.eere.energy.gov/ 

buildings/appliance_standards/ 

residential/ 

fluorescent_lamp_ballasts.html. Anyone 

may purchase a copy of the transcript 

from the transcribing reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding the proposed rule 

no later than the date provided at the 

beginning of this notice. Comments, 

data, and information submitted to 

DOE’s e-mail address for this 

rulemaking should be provided in 

WordPerfect, Microsoft Word, PDF, or 

text (ASCII) file format. Stakeholders 

should avoid the use of special 

characters or any form of encryption, 

and wherever possible, comments 

should include the electronic signature 

of the author. Absent an electronic 

signature, comments submitted 

electronically must be followed and 

authenticated by submitting a signed 

original paper document to the address 

provided at the beginning of this notice. 

Comments, data, and information 

submitted to DOE via mail or hand 

delivery/courier should include one 

signed original paper copy. No 

telefacsimiles (faxes) will be accepted. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: one copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) 

A description of the items; (2) whether 

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3460 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure; (6) a date 

upon which such information might 

lose its confidential nature due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

E. Issues on Which DOE Seeks Comment 

Although comments are welcome on 

all aspects of this rulemaking, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. DOE invites stakeholders to 

comment on its interpretation of the 

application of the terms active mode, 

standby mode, and off mode to 

fluorescent lamp ballasts, as defined in 

EPCA section 325(gg). In particular, 

DOE invites stakeholders to comment 

on its preliminary conclusion that off 

mode does not apply to fluorescent 

lamp ballasts at this time, and therefore 

is not included as part of this test 

procedure. See section III.A. 

2. DOE invites stakeholders to 

comment on how it is proposing to 

interpret the scope of applicability to 

this test procedure to apply to all 

fluorescent lamp ballasts that 

incorporate an electronic circuit 

enabling the ballast to communicate 

with and be part of a lighting control 

system. Although all ballasts are subject 

to the test procedure, only these types 

would be subject to standby mode 

power consumption. See section III.B.1 

3. DOE invites stakeholder comments 

on the definitions for the six new terms 

added to section 1 of appendix Q to 

subpart B of 10 CFR part 430: AC 

control signal, ANSI Standard C82.2– 

2002, DC control signal, PLC control 

signal, standby mode, and wireless 

control signal. See section III.C.2. 

4. DOE invites stakeholder comments 

on its proposal to retain the testing 

conditions in place (based on ANSI 

Standard C82.2–1984) for the current 

test procedure and yet to propose to 

adopt new test conditions (based on 

ANSI Standard C82.2–2002) for the 

proposed standby mode power 

measurements. See section III.C.3. 

5. DOE invites stakeholder comments 

on the test method and measurements 

proposed for subsection 3.5 of appendix 

Q to subpart B of 10 CFR part 430. This 

subsection provides the step-by-step 

procedure and circuit diagrams 

necessary for measuring the power (in 

watts) consumed by the main power 

input to the ballast and the control 

signal (if any). See section III.C.4. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this proposed rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Energy conservation test 

procedures, Household appliances, 

Imports, Incorporation by reference. 

Issued in Washington, DC on January 8, 

2009. 

John F. Mizroch, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

part 430 of Chapter II of Title 10, Code 

of Federal Regulations as set forth 

below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

2. Section 430.22 is amended by 

adding new paragraphs (b)(1)9. and 

(b)(1)10. to read as follows: 

§ 430.22 Reference Sources. 

* * * * * 

(b)(1) * * * 

9. ANSI Standard C82.2–1984, 

‘‘American National Standard for 

Fluorescent Lamp Ballasts—Method of 

Measurement, 1984’’ 

10. ANSI Standard C82.2–2002, 

‘‘American National Standard for Lamp 

Ballasts—Method of Measurement of 

Fluorescent Lamp Ballasts, 2002’’ 

* * * * * 

3. Section 430.23 is amended by 

redesignating paragraph (q)(4) as 

paragraph (q)(5) and adding a new 

paragraph (q)(4) to read as follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(q) Fluorescent Lamp Ballasts. * * * 

(4) Standby power consumption of 

certain fluorescent lamp ballasts shall 

be measured in accordance with section 

3.5 of appendix Q to Subpart B of Part 

430. 

* * * * * 

4. Appendix Q to Subpart B of Part 

430 is amended: 

a. In section 1, Definitions, by: 

1. Redesignating sections 1.12, 1.13, 

1.14, and 1.15 to sections 1.17, 1.18, 

1.19, and 1.20 respectively. 

2. Redesignating sections 1.7, 1.8, 1.9, 

1.10, and 1.11 to sections 1.11, 1.12, 

1.13, 1.14, and 1.15 respectively. 

3. Redesignating section 1.3 to section 

1.7. 

4. Redesignating section 1.16 to 1.3 

and adding a new section 1.16. 

5. Redesignating section 1.4 to section 

1.8 and adding a new section 1.4. 

6. Redesignating section 1.5 to section 

1.9. 

7. Redesignating section 1.6 to section 

1.10, and adding a new section 1.6. 

8. Redesignating section 1.2 to section 

1.5. 

9. Redesignating section 1.1 to section 

1.2, and adding a new section 1.1. 

10. Adding new sections 1.21 and 

1.22. 

b. By revising section 2; 

c. By revising section 3.1 and adding 

new sections 3.5, 3.5.1, 3.5.2, 3.5.3, 

3.5.3.1, 3.5.3.2, 3.5.3.3, and 3.5.3.4. 

These revisions and additions read as 

follows: 

Appendix Q to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Fluorescent 

Lamp Ballasts 

1. Definitions. 

1.1 AC control signal means an 

alternating current (AC) signal that is 

supplied to the ballast using additional 

wiring for the purpose of controlling the 

ballast and putting the ballast in standby 

mode. 

* * * * * 

1.4 ANSI Standard C82.2–2002 means the 

test standard published by the American 

National Standard Institute (ANSI), titled 

‘‘American National Standard for Lamp 

Ballasts—Method of Measurement of 

Fluorescent Lamp Ballasts, 2002,’’ and 

designated as ANSI Standard C82.2–2002. 

* * * * * 

1.6 DC control signal means a direct 

current (DC) signal that is supplied to the 

ballast using additional wiring for the 

purpose of controlling the ballast and putting 

the ballast in standby mode. 

* * * * * 

1.16 PLC control signal means a power 

line carrier (PLC) signal that is supplied to 

the ballast using the input ballast wiring for 

the purpose of controlling the ballast and 

putting the ballast in standby mode. 

* * * * * 

1.21 Standby mode means the condition 

in which an energy-using product—(a) is 

connected to a main power source; and (b) 

offers one or more of the following useroriented 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. (ii) Continuous 

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functions, including information or status 

displays (including clocks) or sensor-based 

functions. 

1.22 Wireless control signal means a 

wireless signal that is radiated to and 

received by the ballast for the purpose of 

controlling the ballast and putting the ballast 

in standby mode. 

2. Test conditions. 

2.1 Measurement of Electric Supply and 

Light Output. 

The test conditions for testing fluorescent 

lamp ballasts shall be done in accordance 

with the American National Standard 

Institute (ANSI) Standard C82.2–1984, 

‘‘American National Standard for Fluorescent 

Lamp Ballasts—Methods of Measurement,’’ 

approved October 21, 1983. See § 430.22 for 

information on the availability of this 

material. Any subsequent amendment to this 

standard by the standard-setting organization 

will not affect the DOE test procedures unless 

and until amended by DOE. The test 

conditions are described in sections 4, 5, 6, 

7, and 21 of ANSI Standard C82.2–1984. The 

test conditions described in this subsection 

(2.1) are applicable to subsections 3.3 and 3.4 

of section 3, Test Method and Measurements. 

2.2 Measurement of Standby Mode 

Power. The measurement of standby mode 

power need not be performed to determine 

compliance with energy conservation 

standards for fluorescent lamp ballasts 

established prior to [EFFECTIVE DATE OF 

TEST PROCEDURE FINAL RULE]. 

The test conditions for testing fluorescent 

lamp ballasts shall be done in accordance 

with the American National Standard 

Institute (ANSI) Standard C82.2–2002, 

‘‘American National Standard for Fluorescent 

Lamp Ballasts—Methods of Measurement,’’ 

approved June 6, 2002. See § 430.22 for 

information on the availability of this 

material. Any subsequent amendment to this 

standard by the standard-setting organization 

will not affect the DOE test procedures unless 

and until amended by DOE. The test 

conditions for measuring standby power are 

described in sections 5, 7, and 8 of ANSI 

Standard C82.2–2002. The test conditions 

described in this subsection (2.2) are 

applicable to subsection 3.5 of section 3, Test 

Method and Measurements. 

3. Test Method and Measurements. 

3.1 The test method for testing 

fluorescent lamp ballasts shall be done in 

accordance with ANSI Standard C82.2–1984. 

The test method for measuring standby mode 

energy consumption of fluorescent lamp 

ballasts shall be done in accordance with 

ANSI Standard C82.2–2002. 

* * * * * 

3.5 Standby Mode Power Measurement. 

3.5.1. Send a signal to the ballast 

instructing it to have zero light output using 

the appropriate ballast communication 

protocol or system for the ballast being 

tested. 

3.5.2 Input Power. Measure the input 

power (watts) to the ballast in accordance 

with ANSI Standard C82.2–2002, section 13. 

3.5.3 Control Signal Power. The power 

from the control signal path will be measured 

using one of the methods described below. 

3.5.3.1 AC Control Signal. Measure the 

AC control signal power (watts), using a 

wattmeter (W), connected to the ballast in 

accordance with the circuit shown in 

Figure 1. 

3.5.3.2 DC Control Signal. Measure the 

DC control signal voltage, using a voltmeter 

(V), and current, using an ammeter (A), 

connected to the ballast in accordance with 

the circuit shown in Figure 2. The DC control 

signal power is calculated by multiplying the 

DC control signal voltage and the DC control 

signal current. 

3.5.3.3 Power Line Carrier (PLC) Control 

Signal. Measure the PLC control signal power 

(watts), using a wattmeter (W), connected to 

the ballast in accordance with the circuit 

shown in Figure 3. The wattmeter must have 

a frequency response that is at least 10 times 

higher than the PLC being measured in order 

to measure the PLC signal correctly. The 

wattmeter must also be high-pass filtered to 

filter out power at 60 Hertz. 


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3462 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

3.5.3.4 Wireless Control Signal. The 

power supplied to a ballast using a wireless 

signal is not easily measured, but is 

estimated to be well below 1.0 watt. 

Therefore, the wireless control signal power 

is not measured as part of this test procedure. 

[FR Doc. E9–948 Filed 1–16–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25173; Directorate 

Identifier 2006–NE–24–AD] 

RIN 2120–AA64 

Airworthiness Directives; McCauley 

Propeller Systems Propeller Models 

B5JFR36C1101/114GCA–0, 

C5JFR36C1102/L114GCA–0, 

B5JFR36C1103/114HCA–0, and 

C5JFR36C1104/L114HCA–0 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for McCauley Propeller 

Systems propeller models 

B5JFR36C1101/114GCA–0, 

C5JFR36C1102/L114GCA–0, 

B5JFR36C1103/114HCA–0, and 

C5JFR36C1104/L114HCA–0. That AD 

currently requires initial and repetitive 

fluorescent penetrant inspections (FPI) 

and eddy current inspections (ECI) of 

propeller blades for cracks, and if any 

crack indications are found, removing 

the blade from service. That AD also 

mandates a life limit for the blades. This 

proposed AD would require the same 

inspections, add a visual inspection, 

and would further reduce the propeller 

blade life limit. This proposed AD 

would also require removing blades 

with more than 10,000 operating hours 

time-since-new (TSN), before further 

flight. This proposed AD would also 

require removal from service of all the 

propeller blades and the propeller hub 

if one or more propeller blades have 

been found cracked on a propeller 

assembly. This proposed AD would also 

require removing from service all C– 

5963 split retainers. This proposed AD 

results from 8 reports of propeller 

blades found cracked since May of 2006. 

We are proposing this AD to detect 

cracks in the propeller blade that could 

cause failure and separation of the 

propeller blade and loss of control of the 

airplane. 

DATES: We must receive any comments 

on this proposed AD by March 23, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact McCauley Propeller Systems, 

5800 E. Pawnee, Wichita, KS 67218, 

telephone (800) 621–7767, for the 

service information identified in this 

proposed AD. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Janusz, Aerospace Engineer, Wichita 

Aircraft Certification Office, FAA, Small 

Airplane Directorate, 1801 Airport 

Road, Room 100, Wichita, KS 67209; email: jeff.janusz@faa.gov; telephone: 

(316) 946–4148; fax: (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2006–25173; Directorate Identifier 

2006–NE–24–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

The FAA proposes to amend 14 CFR 

part 39 by superseding AD 2008–08–01, 

Amendment 39–15453 (73 FR 19971, 

April 14, 2008). That AD requires initial 

and repetitive FPI and ECI of propeller 

blades for cracks, and if any crack 

indications are found, removing the 

blade from service. That AD also 


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