`[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Rules and Regulations]
[Pages 60407-60418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20701]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Parts 430 and 431

RIN 1904-AB54


Energy Conservation Standards for Certain Consumer Products and 
Commercial and Industrial Equipment

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; technical amendment.

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SUMMARY: The Department of Energy (DOE) is publishing this technical 
amendment to place in the Code of Federal Regulations the energy 
conservation standards, and related definitions, that Congress 
prescribed in the Energy Policy Act of 2005 for certain consumer 
products and commercial and industrial equipment.

DATES: Effective Date: October 18, 2005.

FOR FURTHER INFORMATION CONTACT: 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, (202) 586-1851, e-mail: [email protected], or 
Thomas DePriest, Esq., U.S. Department of Energy, Office of the General 
Counsel, Forrestal Building, GC-72, 1000 Independence Avenue, SW., 
Washington, DC 20585, (202) 586-9507, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of Today's Action
III. Procedural Requirements
IV. Approval of the Office of the Secretary

I. Background

    The Energy Policy Act of 2005 (EPACT 2005) (Pub. L. 109-58) was 
enacted on August 8, 2005. Among the provisions of Subtitle C of Title 
I of EPACT 2005 are provisions that amend Part B of Title III of the 
Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291-6309), which 
provides for an energy conservation program for consumer products other 
than automobiles, and Part C of Title III of EPCA (42 U.S.C. 6311-
6317), which provides for a program, similar to the one in Part B, for 
certain commercial and industrial equipment. In addition to provisions 
directing DOE to undertake rulemakings to promulgate new or amended 
energy conservation standards for various consumer products and 
commercial and industrial equipment, Congress itself prescribed new 
efficiency standards and related definitions for certain consumer 
products and commercial and industrial equipment.
    By today's action, DOE is placing in the Code of Federal 
Regulations (CFR), for the benefit of the public, the energy 
conservation standards and related definitions that Congress has 
prescribed for various consumer products and commercial and industrial 
equipment. In this technical amendment, DOE is not exercising any of 
the discretionary authority that Congress has provided in EPACT 2005 
for the Secretary of Energy to revise, by rule, several of the product 
or equipment definitions and energy conservation standards.\1\ DOE may 
exercise this discretionary authority at a later time in rulemakings to 
establish test procedures or efficiency standards for these products 
and equipment.
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    \1\ See, for example, section 135(a)(2)(B) (the definition of 
``medium base compact fluorescent lamp''); section 135(a)(3) (the 
definition of ``commercial prerinse spray valve''); and section 
135(c)(4) (standards for medium base compact fluorescent lamps).
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II. Summary of Today's Action

    DOE is placing the new energy conservation standards and related 
definitions into 10 CFR part 430 (``Energy Conservation Program for 
Consumer Products'') or 10 CFR part 431 (``Energy Efficiency Program 
for Certain Commercial and Industrial Equipment''), as appropriate 
given the nature or type of the product or equipment. Apparently due to 
an error in legislative drafting, EPACT 2005 includes provisions 
dealing with the definitions, test procedures and standards for several 
types of commercial equipment in a section that amends sections 321, 
323 and 325 of Part B of EPCA. Part B contains provisions for the 
``Energy Conservation Program for Consumer Products Other Than 
Automobiles.'' DOE anticipates that this error will be corrected 
through legislation, and that the provisions will become amendments to 
Part C of EPCA for ``Certain Industrial Equipment.'' Because the 
location of the provisions within the statute and the Code of Federal 
Regulations does not affect either their substance or applicable 
procedures, DOE is placing them in the appropriate CFR part based on 
their nature or type. DOE provides a ``cross-walk'' in Table 1 that 
shows the location of the standards for the products and equipment in 
EPACT 2005 and in the Code of Federal Regulations.

[[Page 60408]]



                                                     Table 1
----------------------------------------------------------------------------------------------------------------
        Product/equipment type                  EPACT 2005  section                      CFR location
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Fluorescent lamp ballasts.............  135(c)(2)..........................  Sec.   430.32(m).
Ceiling fans and ceiling fan light      135(c)(4)..........................  Sec.   430.32(s).
 kits.
Illuminated exit signs................  135(c)(4)..........................  Part 431, Subpart L.
Torchieres............................  135(c)(4)..........................  Sec.   430.32(t).
Low voltage dry-type distribution       135(c)(4)..........................  Part 431, Subpart K.
 transformers.
Traffic signal modules and pedestrian   135(c)(4)..........................  Part 431, Subpart M.
 modules.
Unit heaters..........................  135(c)(4)..........................  Part 431, Subpart N.
Medium base compact fluorescent lamps.  135(c)(4)..........................  Sec.   430.32(u).
Dehumidifiers.........................  135(c)(4)..........................  Sec.   430.32(v).
Commercial prerinse spray valves......  135(c)(4)..........................  Part 431, Subpart O.
Mercury vapor lamp ballasts...........  135(c)(4)..........................  Part 431, Subpart P.
Commercial package air conditioning     136(b).............................  Part 431, Subpart F.
 and heating equipment.
Commercial refrigerators, freezers,     136(c).............................  Part 431, Subpart C.
 and refrigerator-freezers.
Automatic commercial ice makers.......  136(d).............................  Part 431, Subpart H.
Commercial clothes washers............  136(e).............................  Part 431, Subpart I.
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    Where the statute establishes a prescriptive standard that either 
adopts or is based on voluntary standards of another entity, DOE has 
incorporated the relevant portion of the source document into the CFR 
text so that the CFR can be a fully self-contained regulation. This 
applies to the following: ANSI standards for fluorescent lamp ballasts; 
certain ENERGY STAR Program requirements or specifications for ceiling 
fans light kits, illuminated exit signs, traffic signal modules and 
pedestrian modules, and medium compact fluorescent lamps; and 
efficiency standards for low voltage dry-type distribution transformers 
that shall be the same as voluntary standards published by the National 
Electrical Manufacturers Association (NEMA TP-1-2002). Where terms are 
defined by another entity, DOE has included the definition in the CFR 
text, e.g., the terms ``AV'' and ``V'' as defined by the Association of 
Home Appliance Manufacturers.
    In addition, DOE has made formatting changes needed to conform the 
new provisions to the existing text of Parts 430 and Part 431 of Title 
10 of the Code of Federal Regulations. DOE has identified several 
places in EPACT 2005 where correction or clarification of statutory 
language appears to be warranted. For example, the definition of 
``distribution transformer'' in section 135(a)(2)(B) of EPACT 2005 uses 
the term ``Uninterruptible Power System transformer'' instead of 
``Uninterruptible Power Supply transformer;'' the term ``impedance 
transformer'' instead of ``special impedance transformer;'' and the 
term ``sealed and nonventilating transformer'' instead of ``sealed 
transformer, nonventilating transformer.'' Generally these are minor 
drafting problems that DOE anticipates will be rectified by Congress; 
if they are not, then DOE will issue any necessary interpretations in 
future rulemaking proceedings.
    DOE notes that although Congress has prescribed energy conservation 
standards that will apply to products and equipment manufactured on or 
after the dates specified in EPACT 2005, manufacturers are not subject 
to DOE's compliance certification and enforcement programs until DOE 
promulgates the related test procedures for the new covered products 
and commercial equipment. While manufacturers are not subject to DOE 
certification and enforcement programs until DOE promulgates test 
procedures and related regulations, manufacturers must meet the 
standards as of the effective date of the standards. Manufacturers 
must, for example, be able to demonstrate that their products meet the 
energy conservation standards or energy design standards set by EPACT 
2005. Furthermore, the Energy Policy and Conservation Act, as amended, 
defines the term ``manufacture'' as ``to manufacture, produce, 
assemble, or import'' (42 U.S.C. 6291(10)). Therefore, all consumer 
products and commercial and industrial equipment covered by this action 
must, on the date of manufacture, or in the case of imported products, 
as of the date of import, meet the standards set by EPACT 2005 and 
adopted in the Code of Federal Regulations by this action. Furthermore, 
the requirements in EPACT 2005 apply to the manufacture of covered 
consumer products and commercial and industrial equipment for sale in 
the 50 States as well as all U.S. territories.
    The standards incorporated into the Code of Federal Regulations by 
today's action are briefly discussed as follows:
    A. Fluorescent lamp ballasts. Section 135(c) of EPACT 2005 amends 
section 325(g) of EPCA to adopt energy conservation standards for 
fluorescent lamp ballasts manufactured on or after July 1, 2009, or 
sold on or after October 1, 2009, or incorporated into a luminaire 
manufactured on or after July 1, 2010. The standards apply to 
fluorescent lamp ballasts with input voltages of 120 or 277 volts and 
an input frequency of 60 Hertz for 4-foot and 8-foot F34T12, F96T12/ES 
or F96T12HO/ES fluorescent lamps. These standards are in addition to 
the standards for fluorescent lamp ballasts manufactured for F40T12, 
F96T12 or F96T12HO lamps already set out in section 10 CFR 
430.32(m)(1)-(4). New paragraph 430.32(m)(5) adds standards for 
ballasts designed for all Energy Saver fluorescent lamps except for: 
(1) Replacement ballasts; (2) ballasts designed for dimming to 50 
percent or less or the maximum power output of the ballast; (3) 
ballasts designed for use with two F96T12HO lamps at ambient 
temperatures of 20 [deg]F or less and for use in an outdoor sign; or 
(4) ballasts that have a power factor of less than 0.90 and are 
designed and labeled for use only in residential applications. New 
paragraph 430.32(m)(6), makes the standards in paragraph 430.32(m)(5) 
applicable to all ballasts, including replacement ballasts, that are 
manufactured on or after July 1, 2010, or sold by a manufacturer on or 
after October 1, 2010. The test procedure for ballasts for Energy Saver 
fluorescent lamps is found in Appendix Q to Subpart B of Part 430 of 
the Code of Federal Regulations.
    B. Ceiling fans and ceiling fan light kits. Section 135(c) of EPACT 
2005 amends section 325 of EPCA to add subsections (v) and (ff) with 
respect to ceiling fans and ceiling fan light kits. New section 325(v) 
directs the Secretary to prescribe by rule, energy conservation 
standards for ceiling fans and ceiling fan

[[Page 60409]]

light kits not later than one year after the date of enactment of EPACT 
2005, or by August 8, 2006, and new section 325(ff) establishes design 
standards for ceiling fans and ceiling fan light kits manufactured on 
or after January 1, 2007. DOE is incorporating the design standards set 
out in new section 325(ff) in today's rule. The design standards 
adopted today for ceiling fans require fan speed controls separate from 
any lighting controls, adjustable speed controls, and generally require 
the capability of reversible fan action. The design standards for 
ceiling fan light kits with medium screw based sockets require that 
they be packaged with screw-based lamps that meet the ENERGY STAR 
Program Requirements for Compact Fluorescent Lamps, version 3.0, or use 
other light sources that have at least equivalent lumens per watt 
performance. The standards for ceiling fan light kits with pin-based 
sockets require that they be packaged with fluorescent lamps that meet 
the ENERGY STAR Program Requirements for Residential Light Fixtures, 
version 4.0. For the benefit of the stakeholder looking for the energy 
conservation standards specified in EPACT 2005, DOE is incorporating 
into 10 CFR Part 430 the specific ENERGY STAR requirements adopted by 
EPACT 2005.
    C. Illuminated exit signs. Section 135(c) of EPACT 2005 amends 
section 325 of EPCA to add subsection (w) setting energy conservation 
standards for illuminated exit signs. As discussed above, apparently 
due to an error in legislative drafting, EPACT 2005 inserted provisions 
for illuminated exit signs, a commercial product, into Part B of EPCA 
instead of into Part C of EPCA. DOE anticipates that this error will be 
corrected and as a result, is including the standards for illuminated 
exit signs in 10 CFR Part 431.
    As of January 1, 2006, all illuminated exit signs must meet the 
ENERGY STAR Program Requirements for Illuminated Exit Signs, version 
2.0, which requires an input power demand of 5 watts or less per face. 
DOE believes this will, in effect, require the use of Light Emitting 
Diodes (LEDs) in illuminated exit signs. Furthermore, for the benefit 
of stakeholders looking for the energy conservation standards specified 
in EPACT 2005, DOE is incorporating into 10 CFR part 431 the specific 
ENERGY STAR requirements adopted by EPACT 2005.
    D. Torchieres. Section 135(c) of EPACT 2005 amends section 325 of 
EPCA to add subsection (x) setting standards for torchieres. Torchieres 
manufactured on or after January 1, 2006, shall consume not more than 
190 watts of power, and shall not be capable of operating with lamps 
that total more than 190 watts.
    E. Low voltage dry-type distribution transformers. Section 135(c) 
of EPACT 2005 amends section 325 of EPCA to add subsection (y) setting 
energy conservation standards for low voltage dry-type distribution 
transformers. As discussed above, apparently due to an error in 
legislative drafting, EPACT 2005 inserted provisions for low voltage 
dry-type distribution transformers, a commercial product, into Part B 
of EPCA instead of into Part C of EPCA. DOE anticipates that this error 
will be corrected and as a result, is including the standards for low 
voltage dry-type distribution transformers in 10 CFR Part 431.
    EPACT 2005 requires that low voltage dry-type distribution 
transformers manufactured on or after January 1, 2007, shall meet the 
Class I Efficiency Levels for distribution transformers specified in 
Table 4-2 of National Electrical Manufacturers Association (NEMA) TP-1-
2002, ``Guide for Determining Energy Efficiency for Distribution 
Transformers.'' For the benefit of stakeholders looking for the 
standards specified in EPACT 2005, and after consulting NEMA (who does 
not object), DOE is codifying the efficiency levels specified in Table 
4.2 of NEMA TP-1-2002 in the Code of Federal Regulations.
    F. Traffic signal modules and pedestrian modules. Section 135(c) of 
EPACT 2005 amends section 325 of EPCA to add subsection (z), setting 
energy conservation standards for traffic signal modules and pedestrian 
modules. As discussed above, apparently due to an error in legislative 
drafting, EPACT 2005 inserted provisions for traffic signal modules and 
pedestrian modules, commercial products, into Part B of EPCA instead of 
into Part C of EPCA. DOE anticipates that this error will be corrected 
and as a result, is including the standards for traffic signal modules 
and pedestrian modules in 10 CFR Part 431.
    As of January 1, 2006, all illuminated exit signs must meet the 
ENERGY STAR Program Requirements for traffic signals, as in effect on 
the date of enactment of EPACT 2005, August 8, 2005, and shall be 
installed with compatible, electrically connected signal control 
interface devices and conflict monitoring systems. The ENERGY STAR 
program for traffic signals is based on a low energy requirement and 
conformance to the Institute for Transportation Engineers (ITE) 
``Interim LED Purchase Specification, Vehicle Traffic Control Signal 
Heads, Part 2: Light Emitting Diode (LED) Vehicle Traffic Signal 
Modules'' (VTCSH Part 2). For the benefit of stakeholders looking for 
the energy conservation standards specified in EPACT 2005, DOE is 
incorporating into 10 CFR Part 431 the specific ENERGY STAR 
requirements adopted by EPACT 2005.
    G. Unit heaters. Section 135(c) of EPACT 2005 amends section 325 of 
the EPCA to add subsection (aa) setting energy conservation standards 
for unit heaters. As discussed above, apparently due to an error in 
legislative drafting, EPACT 2005 inserted provisions for unit heaters, 
a commercial product, into Part B of EPCA instead of into Part C of 
EPCA. DOE anticipates that this error will be corrected and as a 
result, is including the standards for unit heaters in 10 CFR Part 431.
    EPACT 2005 requires that unit heaters manufactured on or after 
August 8, 2008, be equipped with an intermittent ignition device; and 
have power venting or an automatic flue damper.
    H. Medium base compact fluorescent lamps. Section 135(c) of EPACT 
2005 amends section 325 of the EPCA to add subsection (bb) setting 
energy conservation standards for medium base compact fluorescent 
lamps. A bare lamp and covered lamp (no reflector) medium base compact 
fluorescent lamp manufactured on or after January 1, 2006, shall meet 
minimum initial efficacy, lumen maintenance at 1000 hours, lumen 
maintenance at 40 percent of rated life, rapid cycle stress test and 
lamp life requirements prescribed by the August 9, 2001, version of the 
ENERGY STAR Program Requirements for Compact Fluorescent Lamps. For the 
benefit of stakeholders, DOE is incorporating into 10 CFR part 430 the 
specific ENERGY STAR requirements adopted by EPACT 2005.
    I. Dehumidifiers. Section 135(c) of EPACT 2005 amends section 325 
of the EPCA to add subsection (cc) setting energy conservation 
standards for dehumidifiers. Dehumidifiers manufactured on or after 
October 1, 2007, shall meet minimum energy factor levels specified in 
EPACT 2005, depending on their capacity (pints/day).
    J. Commercial prerinse spray valves. Section 135(c) amends section 
325 of EPCA to add subsection (dd) setting water conservation standards 
for commercial prerinse spray valves. As discussed above, apparently 
due to an error in legislative drafting, EPACT 2005 inserted provisions 
for commercial prerinse spray valves, a commercial product, into Part B 
of EPCA instead of into Part C of EPCA. DOE anticipates that this error 
will be corrected and, as

[[Page 60410]]

a result, is including the water conservation standards for commercial 
prerinse spray valves in 10 CFR Part 431. Commercial prerinse spray 
valves manufactured on or after January 1, 2006, shall have a flow rate 
of not more than 1.6 gallons per minute.
    K. Mercury vapor lamp ballasts. Section 135(c) amends section 325 
of EPCA to add subsection (ee) prohibiting the manufacture or 
importation of mercury vapor lamp ballasts. As discussed above, 
apparently due to an error in legislative drafting, EPACT 2005 inserted 
provisions for mercury vapor lamp ballasts, a commercial product, into 
Part B of EPCA instead of into Part C of EPCA. DOE anticipates that 
this error will be corrected and as a result, is including the 
standards for mercury vapor lamp ballasts in 10 CFR Part 431. EPACT 
2005 requires that mercury vapor lamp ballasts shall not be 
manufactured or imported after January 1, 2008. With regard to imported 
ballasts, the standard applies to both the importing of ballasts as 
well as the importing of mercury vapor lamp luminaires with ballasts, 
since importing a mercury vapor lamp luminaire with a mercury vapor 
lamp ballast would be the same as importing a mercury vapor lamp 
ballast. Therefore, as of January 1, 2008, luminaires cannot be 
imported with mercury vapor lamp ballasts.
    L. Commercial package air-conditioning and heating equipment. 
Section 136(b) of EPACT 2005 amends section 342(a) of EPCA to add 
subsections (7)-(9) setting energy conservation standards for 
commercial package air-conditioning and heating equipment. Commercial 
package air-conditioning and heating equipment manufactured on or after 
January 1, 2010, shall meet specific minimum energy efficiency levels, 
depending on category, product capacity (Btu per hour) and the type of 
heating the equipment has, if any. DOE had begun a rulemaking to set 
standards for small commercial package air-conditioning and heating 
equipment (greater than or equal to 65,000 Btu per hour cooling 
capacity and less than 135,000 Btu per hour cooling capacity) and large 
commercial package air-conditioning and heating equipment (greater than 
or equal to 135,000 Btu per hour cooling capacity and less than 240,000 
Btu per hour cooling capacity), in accordance with section 342(a)(6)(A) 
of EPCA, and published an advance notice of proposed rulemaking in the 
Federal Register on July 29, 2005. 68 FR 45460. As a result of EPACT 
2005, the rulemaking is moot, and DOE has terminated the rulemaking for 
small and large commercial package air conditioning and heating 
equipment.
    M. Commercial refrigerators, freezers, and refrigerator-freezers. 
Section 136(c) of EPACT 2005 amends section 342 of EPCA to add 
paragraph (c), setting energy conservation standards for commercial 
refrigerators, freezers and refrigerator-freezers. Commercial 
refrigerators, freezers and refrigerator-freezers with doors and a 
self-contained condensing unit manufactured on or after January 1, 
2010, shall meet specific maximum allowable daily energy use levels, 
depending on temperature applications, holding or pull-down 
applications , door type, and product capacity (cubic feet).
    N. Automatic commercial ice makers. Section 136(d) of EPACT 2005 
amends section 342 of EPCA to add paragraph (d), setting energy 
conservation standards for automatic commercial ice makers that produce 
between 50 and 2500 pounds of cube type ice per 24-hour period. 
Automatic commercial ice makers manufactured on or after January 1, 
2010, shall meet specific maximum allowable energy use levels and 
maximum allowable condenser water use levels, depending on equipment 
type, cooling type (water or air), and harvest rate (pounds of ice per 
24 hour period).
    O. Commercial clothes washers. Section 136(e) of EPACT 2005 amends 
section 342 of EPCA to add paragraph (e), setting energy conservation 
and water conservation standards for commercial clothes washers. The 
standards for commercial clothes washers are a modified energy factor 
of at least 1.26 and a water factor of not more than 9.5. As discussed 
above, EPACT 2005 includes energy conservation standards for commercial 
clothes washers, based on the test procedures for residential clothes 
washers found at Appendix J1 to Subpart B of 10 CFR Part 430. EPACT 
2005 also adds a water factor requirement for commercial clothes 
washers which is not found in 10 CFR Part 430 for residential clothes 
washers. However, the DOE test procedure found at Appendix J1 to 
Subpart B of Part 430 includes a measurement of water consumption, 
i.e., water consumption factor. Therefore, for the benefit of 
stakeholders looking for the energy conservation standards specified in 
EPACT 2005, DOE is incorporating the modified energy factor and water 
factor requirements adopted by EPACT 2005 into section 431.156 of 10 
CFR Part 431.

III. Procedural Requirements

    A. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''
    Today's final rule is not a ``significant regulatory action'' under 
section 3(f)(1) of Executive Order 12866, ``Regulatory Planning and 
Review.'' 58 FR 51735 (October 4, 1993). Accordingly, today's action 
was not subject to review by the Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, Proper Consideration of Small Entities in 
Agency Rulemaking, 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. The Department 
has made its procedures and policies available on the Office of General 
Counsel's Web site: http://www.gc.doe.gov. DOE today is revising the 
Code of Federal Regulations to incorporate, without substantive change, 
energy conservation standards prescribed by Congress in the Energy 
Policy Act of 2005. Because this is a technical amendment for which a 
general notice of proposed rulemaking is not required, the Regulatory 
Flexibility Act does not apply to this rulemaking.

C. Review Under the Paperwork Reduction Act of 1995

    This rulemaking will impose no new information or recordkeeping 
requirements. Accordingly, Office of Management and Budget clearance is 
not required under the Paperwork Reduction Act. (44 U.S.C. 3501 et 
seq.)

D. Review Under the National Environmental Policy Act of 1969

    DOE has determined that this rule is covered under the Categorical 
Exclusion found in DOE's National Environmental Policy Act regulations 
at paragraph A.6 of Appendix A to Subpart D, 10 CFR part 1021, which 
applies to rulemakings that are strictly procedural. Accordingly, 
neither an environmental

[[Page 60411]]

assessment nor an environmental impact statement is required.

E. Review Under Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it does not preempt State law and does not 
have a substantial direct effect on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) write 
regulations to minimize litigation; and (3) provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. Section 3(b) of Executive 
Order 12988 specifically requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect, if any; (2) clearly specifies any effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this final rule meets the relevant standards of 
Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and tribal governments and the 
private sector. For a proposed regulatory action likely to result in a 
rule that may cause the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish a written statement that 
estimates the resulting costs, benefits, and other effects on the 
national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a 
Federal agency to develop an effective process to permit timely input 
by elected officers of State, local, and tribal governments on a 
proposed ``significant intergovernmental mandate,'' and requires an 
agency plan for giving notice and opportunity for timely input to 
potentially affected small governments before establishing any 
requirements that might significantly or uniquely affect small 
governments. On March 18, 1997, DOE published a statement of policy on 
its process for intergovernmental consultation under UMRA (62 FR 12820) 
(also available at http://www.gc.doe.gov. This final rule contains 
neither an intergovernmental mandate nor a mandate that may result in 
the expenditure of $100 million or more in any year, so these 
requirements under the Unfunded Mandates Reform Act do not apply.

H. Review Under the Treasury and General Government Appropriations Act 
of 1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule would not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630, ``Governmental Actions and 
Interference With Constitutionally Protected Property Rights''

    The Department has determined, under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would 
not result in any takings which might require compensation under the 
Fifth Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), 
and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). 
DOE has reviewed today's notice under the OMB and DOE guidelines and 
has concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use''

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to the 
Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget, a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgated or is expected to lead to 
promulgation of a final rule, and that: (1) Is a significant regulatory 
action under Executive Order 12866, or any successor order; and (2) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy, or (3) is designated by the 
Administrator of OIRA as a significant energy action. For any proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and of reasonable alternatives to the

[[Page 60412]]

action and their expected benefits on energy supply, distribution, and 
use. This final rule would not have a significant adverse effect on the 
supply, distribution, or use of energy and, therefore, is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's final 
rule.

List of Subjects

10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

10 CFR Part 431

    Administrative practice and procedure, Commercial products, Energy 
conservation, Incorporation by reference.

    Issued in Washington, DC, on October 5, 2005.
Douglas L. Faulkner,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.


0
For the reasons stated in the preamble, DOE hereby amends Chapter II, 
Subchapter D, of title 10 of the Code of Regulations as set forth 
below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
2. Section 430.2 is amended by:
0
a. Adding in alphabetical order definitions of ``ceiling fan,'' 
``ceiling fan light kit,'' ``dehumidifier,'' ``medium screw base,'' 
``replacement ballast,'' and ``torchiere''.
0
b. Revising the definition of ``medium base compact fluorescent lamp''.
    The revision and additions read as follows:


Sec.  430.2  Definitions.

* * * * *
    Ceiling fan means a nonportable device that is suspended from a 
ceiling for circulating air via the rotation of fan blades.
    Ceiling fan light kit means equipment designed to provide light 
from a ceiling fan that can be--
    (1) Integral, such that the equipment is attached to the ceiling 
fan prior to the time of retail sale; or
    (2) Attachable, such that at the time of retail sale the equipment 
is not physically attached to the ceiling fan, but may be included 
inside the ceiling fan at the time of sale or sold separately for 
subsequent attachment to the fan.
* * * * *
    Dehumidifier means a self-contained, electrically operated, and 
mechanically encased assembly consisting of--
    (1) A refrigerated surface (evaporator) that condenses moisture 
from the atmosphere;
    (2) A refrigerating system, including an electric motor;
    (3) An air-circulating fan; and
    (4) Means for collecting or disposing of the condensate.
* * * * *
    Medium base compact fluorescent lamp means an integrally ballasted 
fluorescent lamp with a medium screw base, a rated input voltage range 
of 115 to 130 volts and which is designed as a direct replacement for a 
general service incandescent lamp; however, the term does not include--
    (1) Any lamp that is--
    (i) Specifically designed to be used for special purpose 
applications; and
    (ii) Unlikely to be used in general purpose applications, such as 
the applications described in the definition of ``General Service 
Incandescent Lamp'' in this section; or
    (2) Any lamp not described in the definition of ``General Service 
Incandescent Lamp'' in this section that is excluded by the Secretary, 
by rule, because the lamp is--
    (i) Designed for special applications; and
    (ii) Unlikely to be used in general purpose applications.
    Medium screw base means an Edison screw base identified with the 
prefix E-26 in the ``American National Standard for Electric Lamp 
Bases'', ANSI--IEC C81.61-2003, published by the American National 
Standards Institute.
* * * * *
    Replacement ballast means a ballast that--
    (1) Is designed for use to replace an existing fluorescent lamp 
ballast in a previously installed luminaire;
    (2) Is marked ``FOR REPLACEMENT USE ONLY'';
    (3) Is shipped by the manufacturer in packages containing not more 
than 10 fluorescent lamp ballasts; and
    (4) Has output leads that when fully extended are a total length 
that is less than the length of the lamp with which the ballast is 
intended to be operated.
* * * * *
    Torchiere means a portable electric lamp with a reflector bowl that 
directs light upward to give indirect illumination.
* * * * *

0
3. Appendix Q to subpart B of Part 430 is amended by:
0
a. Amending the definition of ``F40T12 lamp'' by revising the term 
``C78.1-1978(R1984)'' to read ``C78.81-2003 (Data Sheet 7881-ANSI-1010-
1)'';
0
b. Amending the definition of ``F96T12 lamp'' by revising the term 
``C78.1-1978(R1984)'' to read ``C78.81-2003 (Data Sheet 7881-ANSI-3007-
1)'';
0
c. Revising the definition of ``F96T12HO lamp''.
0
d. Redesignating sections 1.6 thru 1.13 as 1.9 thru 1.16.
0
e. Adding definitions of ``F34T12 lamp,'' ``F96T12/ES lamp,'' and 
``F96T12HO/ES lamp''.
    The revision 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

* * * * *
    1.5 F96T12HO lamp means a nominal 110 watt tubular fluorescent 
lamp that is 96 inches in length and 1\1/2\ inches in diameter, and 
conforms to ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-1019-1).
    1.6 F34T12 lamp (also known as a ``F40T12/ES lamp'') means a 
nominal 34 watt tubular fluorescent lamp that is 48 inches in length 
and 1\1/2\ inches in diameter, and conforms to ANSI standard C78.81-
2003 (Data Sheet 7881-ANSI-1006-1).
    1.7 F96T12/ES lamp means a nominal 60 watt tubular fluorescent 
lamp that is 96 inches in length and 1\1/2\ inches in diameter, and 
conforms to ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-3006-1).
    1.8 F96T12HO/ES lamp means a nominal 95 watt tubular fluorescent 
lamp that is 96 inches in length and 1\1/2\ inches in diameter, and 
conforms to ANSI standard C78.81-2003 (Data Sheet 7881-ANSI-1017-1).
* * * * *

0
4. Section 430.32 of subpart C is amended by:
0
a. Revising the introductory sentence of paragraph (m)(1).
0
b. Adding new paragraphs (m)(5), (m)(6) and (m)(7).
0
c. Adding new paragraphs (s), (t), (u) and (v).
    The revisions and additions read as follows:


Sec.  430.32  Energy and water conservation standards and effective 
dates.

* * * * *

[[Page 60413]]

    (m)(1) Fluorescent lamp ballasts. Except as provided in paragraphs 
(m)(2), (m)(3), (m)(4), (m)(5), (m)(6) and (m)(7) of this section, each 
fluorescent lamp ballast--
* * * * *
    (5) Except as provided in paragraph (m)(7) of this section, each 
fluorescent lamp ballast (other than replacement ballasts defined in 
Sec.  430.2)--
    (i)(A) Manufactured on or after July 1, 2009;
    (B) Sold by the manufacturer on or after October 1, 2009; or
    (C) Incorporated into a luminaire by a luminaire manufacturer on or 
after July 1, 2010; and
    (ii) Designed--
    (A) To operate at nominal input voltages of 120 or 277 volts;
    (B) To operate with an input current frequency of 60 Hertz; and
    (C) For use in connection with F34T12 lamps, F96T12/ES lamps, or 
F96T12HO/ES lamps; shall have a power factor of 0.90 or greater and 
shall have a ballast efficacy factor of not less than the following:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Ballast
                  Application for operation of                     Ballast input   Total nominal     efficacy
                                                                      voltage       lamp watts        factor
----------------------------------------------------------------------------------------------------------------
One F34T12 lamp.................................................         120/277              34            2.61
Two F34T12 lamps................................................         120/277              68            1.35
Two F96T12/ES lamps.............................................         120/277             120            0.77
Two F96T12HO/ES lamps...........................................         120/277             190            0.42
----------------------------------------------------------------------------------------------------------------

    (6) The standards in paragraph (m)(5) shall apply to all ballasts 
covered by paragraph (m)(5)(ii), including replacement ballasts and 
ballasts described in paragraph (m)(7) of this section, that are 
manufactured on or after July 1, 2010, or sold by the manufacturer on 
or after October 1, 2010.
    (7) The standards in paragraph (m)(5) do not apply to--
    (i) A ballast that is designed for dimming to 50 percent or less of 
the maximum output of the ballast;
    (ii) A ballast that is designed for use with 2 F96T12HO lamps at 
ambient temperatures of 20 degrees F or less and for use in an outdoor 
sign; or
    (iii) A ballast that has a power factor of less than 0.90 and is 
designed and labeled for use only in residential applications.
* * * * *
    (s) Ceiling fans and ceiling fan light kits.
    (1) All ceiling fans manufactured on or after January 1, 2007, 
shall have the following features:
    (i) Fan speed controls separate from any lighting controls;
    (ii) Adjustable speed controls (either more than 1 speed or 
variable speed);
    (iii) The capability of reversible fan action, except for--
    (A) Fans sold for industrial applications;
    (B) Outdoor applications; and
    (C) Cases in which safety standards would be violated by the use of 
the reversible mode.
    (2)(i) Ceiling fan light kits with medium screw base sockets 
manufactured on or after January 1, 2007, shall be packaged with screw-
based lamps to fill all screw base sockets.
    (ii) The screw-based lamps required under paragraph (2)(i) of this 
section shall--
    (A) Meet the ENERGY STAR Program requirements for Compact 
Fluorescent Lamps, version 3; or
    (B) Use light sources other than compact fluorescent lamps that 
have lumens per watt performance at least equivalent to comparable 
configured compact fluorescent lamps meeting the energy conservation 
standards described in paragraph (2)(ii)(A) of this section.
    (3) Ceiling fan light kits with pin-based sockets for fluorescent 
lamps manufactured on or after January 1, 2007 shall--
    (i) Meet the ENERGY STAR Program Requirements for Residential Light 
Fixtures version 4.0 issued by the Environmental Protection Agency; and
    (ii) Be packaged with lamps to fill all sockets.
    (t) Torchieres. A torchiere manufactured on or after January 1, 
2006 shall:
    (1) Consume not more than 190 watts of power; and
    (2) Not be capable of operating with lamps that total more than 190 
watts.
    (u) Medium Base Compact Fluorescent Lamps. A bare lamp and covered 
lamp (no reflector) medium base compact fluorescent lamp manufactured 
on or after January 1, 2006, shall meet the following requirements:

------------------------------------------------------------------------
                 Factor                            Requirements
------------------------------------------------------------------------
Lamp Power (Watts) & Configuration\1\..  Minimum Efficiency: lumen/watt
                                          (Based upon initial lumen
                                          data).\2\
Base Lamp:
    Lamp Power <15.....................  45.0.
    Lamp Power >=15....................  60.0.
Covered Lamp (no reflector):
    Lamp Power <15.....................  40.0.
    15<= Lamp Power <19................  48.0.
    19<= Lamp Power <25................  50.0.
    Lamp Power >=25....................  55.0.
Covered Lamp (with reflector):
    Lamp Power <20.....................  33.0.
    Lamp Power >20.....................  40.0.
1,000-hour Lumen Maintenance...........  The average of at least 5 lamps
                                          must be a minimum 90.0% of
                                          initial (100-hour) lumen
                                          output @ 1,000 hours of rated
                                          life.
Lumen Maintenance......................  80.0% of initial (100-hour)
                                          rating at 40 percent of rated
                                          life (per ANSI C78.5 Clause
                                          4.10).
Rapid Cycle Stress Test................  Per ANSI C78.5 and IESNA LM-65
                                          (clauses 2,3,5, and 6).
                                         Exception: Cycle times must be
                                          5 minutes on, 5 minutes off.
                                          Lamp will be cycled once for
                                          every two hours of rated life.
                                          At least 5 lamps must meet or
                                          exceed the minimum number of
                                          cycles.

[[Page 60414]]

 
Average Rated Lamp Life................  >=6,000 hours as declared by
                                          the manufacturer on packaging
                                          and qualification form. At 80%
                                          of rated life, statistical
                                          methods may be used to confirm
                                          lifetime claims based on
                                          sampling performance.
------------------------------------------------------------------------
\1\ Take performance and electrical requirements at the end of the 100-
  hour aging period according to ANSI Standard C78.5. The lamp efficacy
  shall be the average of the lesser of the lumens per watt measured in
  the base up an/or other specified positions. Use wattages place on
  packaging to select proper specification efficacy in this table, not
  measured wattage. Labeled wattages are for reference only.
\2\ Efficacies are based on measured values for lumens and wattages from
  pertinent test data. Wattages and lumens placed on packages may not be
  used in calculation and are not governed by this specification. For
  multi-level or dimmable systems, measurements shall be at the highest
  setting. Acceptable measurement error is +/-3%.

    (v) Dehumidifiers. Dehumidifiers manufactured on or after October 
1, 2007, shall have an energy factor that meets or exceeds the 
following values:

------------------------------------------------------------------------
                                                               Minimum
                                                                energy
                Product capacity (pints/day)                    factor
                                                               (liters/
                                                                 kWh)
------------------------------------------------------------------------
25.00 or less..............................................         1.00
25.01-35.00................................................         1.20
35.01-54.00................................................         1.30
54.01-74.99................................................         1.50
75.00 or more..............................................         2.25
------------------------------------------------------------------------

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
5. The authority citation for part 431 is revised to read as follows:

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


0
6. Section 431.1 of subpart A is revised to read as follows:


Sec.  431.1  Purpose and scope.

    This part establishes the regulations for the implementation of 
provisions relating to commercial and industrial equipment in Part B of 
Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291-
6309) and in Part C of Title III of the Energy Policy and Conservation 
Act (42 U.S.C. 6311-6317), which establishes an energy conservation 
program for certain commercial and industrial equipment.

0
7. Part 431 is amended by adding a new subpart C consisting of 
Sec. Sec.  431.61, 431.62, and 431.66 to read as follows:

Subpart C--Commercial Refrigerators, Freezers and Refrigerator-
Freezers


Sec.  431.61  Purpose and scope.

    This subpart contains energy conservation requirements for 
commercial refrigerators, freezers and refrigerator-freezers, pursuant 
to Part C of Title III of the Energy Policy and Conservation Act, as 
amended, 42 U.S.C. 6311-6317.


Sec.  431.62  Definitions concerning commercial refrigerators, freezers 
and refrigerator-freezers.

    Commercial refrigerator, freezer, and refrigerator-freezer means 
refrigeration equipment that--
    (1) Is not a consumer product (as defined in Sec.  430.2 of part 
430);
    (2) Is not designed and marketed exclusively for medical, 
scientific, or research purposes;
    (3) Operates at a chilled, frozen, combination chilled and frozen, 
or variable temperature;
    (4) Displays or stores merchandise and other perishable materials 
horizontally, semi-vertically, or vertically;
    (5) Has transparent or solid doors, sliding or hinged doors, a 
combination of hinged, sliding, transparent, or solid doors, or no 
doors;
    (6) Is designed for pull-down temperature applications or holding 
temperature applications; and
    (7) Is connected to a self-contained condensing unit or to a remote 
condensing unit.
    Holding temperature application means a use of commercial 
refrigeration equipment other than a pull-down temperature application, 
except a blast chiller or freezer.
    Integrated average temperature means the average temperature of all 
test package measurements taken during the test.
    Pull-down temperature application means a commercial refrigerator 
with doors that, when fully loaded with 12 ounce beverage cans at 90 
degrees F, can cool those beverages to an average stable temperature of 
38 degrees F in 12 hours or less.
    Remote condensing unit means a factory-made assembly of 
refrigerating components designed to compress and liquefy a specific 
refrigerant that is remotely located from the refrigerated equipment 
and consists of 1 or more refrigerant compressors, refrigerant 
condensers, condenser fans and motors, and factory supplied 
accessories.
    Self-contained condensing unit means a factory-made assembly of 
refrigerating components designed to compress and liquefy a specific 
refrigerant that is an integral part of the refrigerated equipment and 
consists of 1 or more refrigerant compressors, refrigerant condensers, 
condenser fans and motors, and factory supplied accessories.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.66  Energy conservation standards and their effective dates.

    (a) In this section--
    (1) The term ``AV'' means the adjusted volume (ft\3\) (defined as 
1.63 x frozen temperature compartment volume (ft\3\) + chilled 
temperature compartment volume (ft\3\)) with compartment volumes 
measured in accordance with the Association of Home Appliance 
Manufacturers Standard HRF1-1979.
    (2) The term ``V'' means the chilled or frozen compartment volume 
(ft\3\) (as defined in the Association of Home Appliance Manufacturers 
Standard HRF1-1979).
    (b) Each commercial refrigerator, freezer, and refrigerator-freezer 
with a self-contained condensing unit designed for holding temperature 
applications manufactured on or after January 1, 2010, shall have a 
daily energy consumption (in kilowatt hours per day) that does not 
exceed the following:

------------------------------------------------------------------------
                                               Maximum daily energy
                Category                 consumption (kilowatt hours per
                                                       day)
------------------------------------------------------------------------
Refrigerators with solid doors.........  0.10V + 2.04.
Refrigerators with transparent doors...  0.12V + 3.34.
Freezers with solid doors..............  0.40V + 1.38.
Freezers with transparent doors........  0.75V + 4.10.
Refrigerator/freezers with solid doors.  the greater of 0.27AV-0.71 or
                                          0.70.
------------------------------------------------------------------------


[[Page 60415]]

    (c) Each commercial refrigerator with a self-contained condensing 
unit designed for pull-down temperature applications and transparent 
doors manufactured on or after January 1, 2010, shall have a daily 
energy consumption (in kilowatt hours per day) of not more than 0.126V 
+ 3.51.


Sec.  431.71  [Amended]

0
8. Section 431.71 of subpart D is amended by revising ``42 U.S.C. 6311-
6316'' to read ``42 U.S.C. 6311-6317''.


Sec.  431.81  [Amended]

0
9. Section 431.81 of subpart E is amended by revising ``42 U.S.C. 6311-
6316'' to read ``42 U.S.C. 6311-6317''.


Sec.  431.91  [Amended]

0
10. Section 431.91 of subpart F of part 431 is amended by revising ``42 
U.S.C. 6311-6316'' to read ``42 U.S.C. 6311-6317''.

0
11. In Sec.  431.92 of subpart F of part 431, revise the definitions of 
``large commercial package air-conditioning and heating equipment'' and 
``small commercial package air-conditioning and heating equipment'', 
and add new definitions for the terms ``commercial package air-
conditioning and heating equipment'' and ``very large commercial 
package air-conditioning and heating equipment'' in alphabetical order 
to read as follows:


Sec.  431.92  Definitions concerning commercial air conditioners and 
heat pumps.

* * * * *
    Commercial package air-conditioning and heating equipment means 
air-cooled, water-cooled, evaporatively-cooled, or water source (not 
including ground water source) electrically operated, unitary central 
air conditioners and central air-conditioning heat pumps for commercial 
application.
* * * * *
    Large commercial package air-conditioning and heating equipment 
means commercial package air-conditioning and heating equipment that is 
rated--
    (1) At or above 135,000 Btu per hour; and
    (2) Below 240,000 Btu per hour (cooling capacity).
* * * * *
    Small commercial package air-conditioning and heating equipment 
means commercial package air-conditioning and heating equipment that is 
rated below 135,000 Btu per hour (cooling capacity).
* * * * *
    Very large commercial package air-conditioning and heating 
equipment means commercial package air-conditioning and heating 
equipment that is rated--
    (1) At or above 240,000 Btu per hour; and
    (2) Below 760,000 Btu per hour (cooling capacity).

0
12. Section 431.97 of subpart F of part 431, is amended by:
0
a. Designating the existing text as paragraph (a) and adding the words 
``and before January 1, 2010'' after the language in parentheses; and
0
b. Adding new paragraph (b) to read as follows:


Sec.  431.97  Energy efficiency standards and their effective dates.

* * * * *
    (b) Commercial package air conditioning and heating equipment 
manufactured on or after January 1, 2010, shall have Energy Efficiency 
Ratio and Coefficient of Performance no less than:

----------------------------------------------------------------------------------------------------------------
                                     Cooling capacity (Btu/
              Product                          h)                  Category               Efficiency level
----------------------------------------------------------------------------------------------------------------
Small commercial package air-        >=65,000 and <135,000.  AC..................  EER = 11.2*
 conditioning and heating equipment                                                EER = 11.0**
 (air-cooled).
                                                             HP..................  EER = 11.0*
                                                                                   EER = 10.8**
Large commercial package air-        >=135,000 and <240,000  AC..................  EER = 1 1.0*
 conditioning and heating equipment                                                EER = 10.8**
 (air-cooled).
                                                             HP..................  EER = 10.6*
                                                                                   EER = 10.4**
Very large commercial package air-   >= 240,000 and          AC..................  EER = 10.0*
 conditioning (air-cooled).           <760,000.                                    EER = 9.8**
                                                             HP..................  EER = 9.5*
                                                                                   EER = 9.3**
Small commercial package air-        >=65,000 and <135,000.  HP..................  COP = 3.3
 conditioning heat pump.
Large commercial package air-        >=135,000 and <240,000  HP..................  COP = 3.2
 conditioning heat pump.
Very large commercial package air-   >= 240,000 and          HP..................  COP = 3.2
 conditioning heat pump.              <760,000.
----------------------------------------------------------------------------------------------------------------
* This EER level applies to equipment that has electric resistance heat or no heating.
** This EER level applies to equipment with all other heating-system types that are integrated into the unitary
  equipment.
* EER at a standard temperature rating of 95[deg]F dry-bulb and COP at a high temperature rating of 47[deg]F dry-
  bulb.

Sec.  431.101  [Amended]

0
13. Section 431.101 of subpart G is amended by revising ``42 U.S.C. 
6311-6316'' to read ``42 U.S.C. 6311-6317''.

0
14. Part 431 is amended by adding a new subpart H consisting of 
Sec. Sec.  431.131, 431.132, and 431.136 to read as follows:

Subpart H--Automatic Commercial Ice Makers


Sec.  431.131  Purpose and scope.

    This subpart contains energy conservation requirements for 
commercial ice makers, pursuant to Part C of Title III of the Energy 
Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317.


Sec.  431.132  Definitions concerning automatic commercial ice makers.

    Automatic commercial ice maker means a factory-made assembly (not 
necessarily shipped in 1 package) that--
    (1) Consists of a condensing unit and ice-making section operating 
as an integrated unit, with means for making and harvesting ice; and
    (2) May include means for storing ice, dispensing ice, or storing 
and dispensing ice.
    Harvest rate means the amount of ice (at 32 degrees F) in pounds 
produced per 24 hours.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.136  Energy conservation standards and their effective dates.

    Each automatic commercial ice maker that produces cube type ice 
with capacities between 50 and 2500 pounds

[[Page 60416]]

per 24-hour period when tested according to the test standard 
established in accordance with section 343 of EPCA (42 U.S.C. 6314) and 
is manufactured on or after January 1, 2010, shall meet the following 
standard levels:

----------------------------------------------------------------------------------------------------------------
                                                      Harvest rate                           Maximum condenser
        Equipment type           Type of cooling      (lbs ice/24      Maximum energy use  water use *  (gal/100
                                                         hours)        (kWh/100 lbs ice)          lbs ice)
----------------------------------------------------------------------------------------------------------------
Ice Making Head...............  Water............  <500.............  7.80-0.0055H.......  200-0.022H.
Ice Making Head...............  Water............  >=500 and <1436..  5.58-0.0011H.......  200-0.022H.
Ice Making Head...............  Water............  <1436............  4.0................  200-0.022H.
Ice Making Head...............  Air..............  <450.............  10.26-0.0086H......  Not applicable.
Ice Making Head...............  Air..............  <450.............  6.89-0.0011H.......  Not applicable.
Remote Condensing (but not      Air..............  <1000............  8.85-0.0038H.......  Not applicable.
 remote compressor).
Remote Condensing (but not      Air..............  >=1000...........  5.1................  Not applicable.
 remote compressor).
Remote Condensing and Remote    Air..............  <934.............  8.85-0.0038H.......  Not applicable.
 Compressor.
Remote Condensing and Remote    Air..............  >=934............  5.3................  Not applicable.
 Compressor.
Self Contained................  Water............  <200.............  11. 40-0.019H......  191-0.0315H.
Self Contained................  Water............  <200.............  7.6................  191-0.0315H.
Self Contained................  Air..............  <175.............  18.0-0.0469H.......  Not applicable.
Self Contained................  Air..............  <175.............  9.8................  Not applicable.
----------------------------------------------------------------------------------------------------------------
H Harvest rate in pounds per 24 hours.
* Water use is for the condenser only and does not include potable water used to make ice.

0
15. Part 431 is amended by adding a new subpart I to read as follows:
Subpart I--Commercial Clothers Washers
Sec.
431.151 Purpose and scope.
431.152 Definitions concerning commercial clothers washers.

Test Procedures

431.154 Test procedures.

Energy Conservation Standards

431.156 Energy and water conservation standards and effective dates.

Subpart I--Commercial Clothes Washers


Sec.  431.151  Purpose and scope.

    This subpart contains energy conservation requirements for 
commercial clothes washers, pursuant to Part C of Title III of the 
Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317.


Sec.  431.152  Definitions concerning commercial clothes washers.

    Commercial clothes washer means a soft-mounted front-loading or 
soft-mounted top-loading clothes washer that--
    (1) Has a clothes container compartment that--
    (i) For horizontal-axis clothes washers, is not more than 3.5 cubic 
feet; and
    (ii) For vertical-axis clothes washers, is not more than 4.0 cubic 
feet; and
    (2) Is designed for use in--
    (i) Applications in which the occupants of more than one household 
will be using the clothes washer, such as multi-family housing common 
areas and coin laundries; or
    (ii) Other commercial applications.

Test Procedures


Sec.  431.154  Test procedures.

    The test procedures for residential clothes washers in Appendix J1 
to subpart B of part 430 of this title shall be used to test commercial 
clothes washers.

Energy Conservation Standards


Sec.  431.156  Energy and water conservation standards and effective 
dates.

    Each commercial clothes washer manufactured on or after January 1, 
2007, shall have--
    (1) A modified energy factor of at least 1.26; and
    (2) A water consumption factor of not more than 9.5.

Subpart K (Sec. Sec.  431.190 through 431.196) [Redesignated as 
Subpart U (Sec. Sec.  431.381 through 431.387)]

0
16. Part 431 is amended by re-designating subpart K as subpart U and 
redesignating Sec. Sec.  431.190 through 431.196 as Sec. Sec.  431.381 
through 431.387.

0
16a. A new Subpart K consisting of Sec. Sec.  431.191, 431.192, and 
431.196 is added to part 431 to read as follows:

Subpart K--Distribution Transformers


Sec.  431.191  Purpose and scope.

    This subpart contains energy conservation requirements for 
distribution transformers, pursuant to Part B of Title III of the 
Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309.


Sec.  431.192  Definitions concerning distribution transformers.

    Distribution transformer means a transformer that--
    (1) Has an input voltage of 34.5 kilovolts or less;
    (2) Has an output voltage of 600 volts or less; and
    (3) Is rated for operation at a frequency of 60 Hertz; however, the 
term ``distribution transformer'' does not include--
    (i) A transformer with multiple voltage taps, the highest of which 
equals at least 20 percent more than the lowest;
    (ii) A transformer that is designed to be used in a special purpose 
application and is unlikely to be used in general purpose applications, 
such as a drive transformer, rectifier transformer, auto-transformer, 
Uninterruptible Power System transformer, impedance transformer, 
regulating transformer, sealed and non-ventilating transformer, machine 
tool transformer, welding transformer, grounding transformer, or 
testing transformer; or
    (iii) Any transformer not listed in paragraph (3)(ii) of this 
definition that is excluded by the Secretary by rule because--

[[Page 60417]]

    (A) The transformer is designed for a special application;
    (B) The transformer is unlikely to be used in general purpose 
applications; and
    (C) The application of standards to the transformer would not 
result in significant energy savings.
    Low-voltage dry-type distribution transformer means a distribution 
transformer that--
    (1) Has an input voltage of 600 volts or less;
    (2) Is air-cooled; and
    (3) Does not use oil as a coolant.
    Transformer means a device consisting of 2 or more coils of 
insulated wire that transfers alternating current by electromagnetic 
induction from 1 coil to another to change the original voltage or 
current value.

Test Procedures [Reserved]

    Energy Conservation Standards


Sec.  431.196  Energy conservation standards and their effective dates.

    (a) Low Voltage Dry-Type Distribution Transformers. The efficiency 
of a low voltage dry-type distribution transformer manufactured on or 
after January 1, 2007, shall be no less than the following:

----------------------------------------------------------------------------------------------------------------
                             Single phase efficiency                                  Three phase efficiency
----------------------------------------------------------------------------------------------------------------
                               kVA                                  Low voltage         kVA         Low voltage
----------------------------------------------------------------------------------------------------------------
15..............................................................            97.7              15            97.0
25..............................................................            98.0              30            97.5
37.5............................................................            98.2              45            97.7
50..............................................................            98.3              75            98.0
75..............................................................            98.5           112.5            98.2
100.............................................................            98.6             150            98.3
167.............................................................            98.7             225            98.5
250.............................................................            98.8             300            98.6
333.............................................................            98.9             500            98.7
                                                                                             750            98.8
                                                                                            1000           98.9
----------------------------------------------------------------------------------------------------------------
(Source: Table 4-2 of National Electrical Manufacturers Association (NEMA) Standard TP-1-2002, ``Guide for
  Determining Energy Efficiency for Distribution Transformers.'')

    (b) Liquid-Immersed Distribution Transformers. [Reserved]
    (c) Medium Voltage Dry-Type Distribution Transformers. [Reserved]

Subpart L (Sec. Sec.  431.201 through 431.207) [Redesignated as 
Subpart V (Sec. Sec.  431.401 through 431.407)]

0
17. Part 431 is amended by redesignating subpart L as subpart V and 
redesignating Sec. Sec.  431.201 through 431.207 as Sec. Sec.  431.401 
through 431.407.

0
17a. A new subpart L consisting of Sec. Sec.  431.201, 431.202, and 
431.206 is added to part 431 to read as follows:

Subpart L--Illuminated Exit Signs


Sec.  431.201  Purpose and scope.

    This subpart contains energy conservation requirements for 
illuminated exit signs, pursuant to Part B of Title III of the Energy 
Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309.


Sec.  431.202  Definitions concerning illuminated exit signs.

    Illuminated exit sign means a sign that--
    (1) Is designed to be permanently fixed in place to identify an 
exit; and
    (2) Consists of an electrically powered integral light source 
that--
    (i) Illuminates the legend ``EXIT'' and any directional indicators; 
and
    (ii) Provides contrast between the legend, any directional 
indicators, and the background.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.206  Energy conservation standards and their effective dates.

    An illuminated exit sign manufactured on or after January 1, 2006, 
shall have an input power demand of 5 watts or less per face.

Subpart M (Sec. Sec.  431.211 through 431.220) [Redesignated as 
Subpart W (Sec. Sec.  431.421 through 431.430)]

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18. Part 431 is amended by re-designating subpart M as subpart W and 
redesignating Sec. Sec.  431.211 through 431.220 as Sec. Sec.  431.421 
through 431.430.

0
18a. A new subpart M consisting of Sec. Sec.  431.221, 431.222, and 
431.226 is added to part 431 to read as follows:

Subpart M--Traffic Signal Modules and Pedestrian Modules


Sec.  431.221  Purpose and scope.

    This subpart contains energy conservation requirements for traffic 
signal modules and pedestrian modules, pursuant to Part B of Title III 
of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-
6309.


Sec.  431.222  Definitions concerning traffic signal modules and 
pedestrian modules.

    Pedestrian module means a light signal used to convey movement 
information to pedestrians.
    Traffic signal module means a standard 8-inch (200 mm) or 12-inch 
(300 mm) traffic signal indication that--
    (1) Consists of a light source, a lens, and all other parts 
necessary for operation; and
    (2) Communicates movement messages to drivers through red, amber, 
and green colors.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.226  Energy conservation standards and their effective dates.

    Any traffic signal module or pedestrian module manufactured on or 
after January 1, 2006, shall meet both of the following requirements:
    (a) Have a nominal wattage no greater than:

------------------------------------------------------------------------
                                              Maximum         Nominal
                                           wattage  (at    wattage  (at
                                            74 [deg]C)      25 [deg]C)
------------------------------------------------------------------------
Traffic Signal Module Type:

[[Page 60418]]

 
    12'' Red Ball.......................              17              11
    8'' Red Ball........................              13               8
    12'' Red Arrow......................              12               9
    12'' Green Ball.....................              15              15
    8'' Green Ball......................              12              12
    12'' Green Arrow....................              11              11
Pedestrian Module Type:
    Combination Walking Man/Hand........              16              13
    Walking Man.........................              12               9
    Orange Hand.........................              16              13
------------------------------------------------------------------------

    (b) Be installed with compatible, electrically connected signal 
control interface devices and conflict monitoring systems.

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19. Part 431 is amended by adding a new subpart N consisting of 
Sec. Sec.  431.241, 431.242, and 431.246 to read as follows:

Subpart N--Unit Heaters


Sec.  431.241  Purpose and scope.

    This subpart contains energy conservation requirements for unit 
heaters, pursuant to Part B of Title III of the Energy Policy and 
Conservation Act, as amended, 42 U.S.C. 6291-6309.


Sec.  431.242  Definitions concerning unit heaters.

    Unit heater means a self-contained fan-type heater designed to be 
installed within the heated space; however, the term does not include a 
warm air furnace.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.246  Energy conservation standards and their effective dates.

    A unit heater manufactured on or after August 8, 2008, shall:
    (a) Be equipped with an intermittent ignition device; and
    (b) Have power venting or an automatic flue damper.

0
20. Part 431 is amended by adding a new subpart O consisting of 
Sec. Sec.  431.261, 431.262, and 431.266 to read as follows:

Subpart O--Commercial Prerinse Spray Valves


Sec.  431.261  Purpose and scope.

    This subpart contains energy conservation requirements for 
commercial prerinse spray valves, pursuant to section 135 of the Energy 
Policy Act of 2005, Pub. L. 109-58.


Sec.  431.262  Definitions concerning commercial prerinse spray valves.

    Commercial prerinse spray valve means a handheld device designed 
and marketed for use with commercial dishwashing and ware washing 
equipment that sprays water on dishes, flatware, and other food service 
items for the purpose of removing food residue before cleaning the 
items.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.266  Energy conservation standards and their effective dates.

    Commercial prerinse spray valves manufactured on or after January 
1, 2006, shall have a flow rate of not more than 1.6 gallons per 
minute.

0
21. Part 431 is amended by adding a new subpart P consisting of 
Sec. Sec.  431.281, 431.282, and 431.286 to read as follows:

Subpart P--Mercury Vapor Lamp Ballasts


Sec.  431.281  Purpose and scope.

    This subpart contains energy conservation requirements for mercury 
vapor lamp ballasts, pursuant to section 135 of the Energy Policy Act 
of 2005, Pub. L. 109-58.


Sec.  431.282  Definitions concerning mercury vapor lamp ballasts.

    High intensity discharge lamp means an electric-discharge lamp in 
which--
    (1) The light-producing arc is stabilized by bulb wall temperature; 
and
    (2) The arc tube has a bulb wall loading in excess of 3 Watts/
cm\2\, including such lamps that are mercury vapor, metal halide, and 
high-pressure sodium lamps.
    Mercury vapor lamp means a high intensity discharge lamp in which 
the major portion of the light is produced by radiation from mercury 
operating at a partial pressure in excess of 100,000 PA (approximately 
1 atm), including such lamps that are clear, phosphor-coated, and self-
ballasted.
    Mercury vapor lamp ballast means a device that is designed and 
marketed to start and operate mercury vapor lamps by providing the 
necessary voltage and current.

Test Procedures [Reserved]

Energy Conservation Standards


Sec.  431.286  Energy conservation standards and their effective dates.

    Mercury vapor lamp ballasts shall not be manufactured or imported 
after January 1, 2008.

Subparts Q-T--[Reserved]


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22. Subparts Q through T are added and reserved.
[FR Doc. 05-20701 Filed 10-17-05; 8:45 am]
BILLING CODE 6450-01-P`