Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 60407 

1See, 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). 

An interim final rule concerning this 

action was published in the Federal 

Register on June 27, 2005. Copies of the 

rule were mailed or sent via facsimile by 

the Board’s staff to all Board members, 

alternates and almond handlers. In 

addition, the rule was made available 

through the Internet by the Office of the 

Federal Register and USDA. That rule 

provided a 30-day comment period 

which ended on August 26, 2005. No 

comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Board and other 

available information, it is hereby found 

that finalizing the interim rule, without 

change as published in the Federal 

Register (70 FR 36816 on June 27, 2005) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 981 

Almonds, Marketing agreements, 

Nuts, Reporting and recordkeeping 

requirements. 

PART 981—ALMONDS GROWN IN 

CALIFORNIA 

Accordingly, the interim final rule 

amending 7 CFR part 981 which was 

published at 70 FR 36816 on June 27, 

2005, is adopted as a final rule without 

change. 

Dated: October 13, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–20859 Filed 10–17–05; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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: linda.graves@ee.doe.gov, 

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: 

Thomas.DePriest@hq.doe.gov. 

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. 

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 ‘‘crosswalk’’ 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. 

60408 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

TABLE 1 

Product/equipment type EPACT 2005 

section CFR location 

Fluorescent lamp ballasts ................................................................................................................ 135(c)(2) .................... § 430.32(m). 

Ceiling fans and ceiling fan light kits ............................................................................................... 135(c)(4) .................... § 430.32(s). 

Illuminated exit signs ....................................................................................................................... 135(c)(4) .................... Part 431, Subpart L. 

Torchieres ........................................................................................................................................ 135(c)(4) .................... § 430.32(t). 

Low voltage dry-type distribution transformers ............................................................................... 135(c)(4) .................... Part 431, Subpart K. 

Traffic signal modules and pedestrian modules .............................................................................. 135(c)(4) .................... Part 431, Subpart M. 

Unit heaters ..................................................................................................................................... 135(c)(4) .................... Part 431, Subpart N. 

Medium base compact fluorescent lamps ....................................................................................... 135(c)(4) .................... § 430.32(u). 

Dehumidifiers ................................................................................................................................... 135(c)(4) .................... § 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 and heating equipment ....................................................... 136(b) ........................ Part 431, Subpart F. 

Commercial refrigerators, freezers, and refrigerator-freezers ......................................................... 136(c) ........................ Part 431, Subpart C. 

Automatic commercial ice makers ................................................................................................... 136(d) ........................ Part 431, Subpart H. 

Commercial clothes washers ........................................................................................................... 136(e) ........................ Part 431, Subpart I. 

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 °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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 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 drytype 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 

60410 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

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 airconditioning 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 airconditioning 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 refrigeratorfreezers 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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 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 

60412 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

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. 

■ For the reasons stated in the preamble, 

DOE hereby amends Chapter II, 

Subchapter D, of title 10 of the Code of 

Regulations as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.2 is amended by: 

■ a. Adding in alphabetical order 

definitions of ‘‘ceiling fan,’’ ‘‘ceiling fan 

light kit,’’ ‘‘dehumidifier,’’ ‘‘medium 

screw base,’’ ‘‘replacement ballast,’’ and 

‘‘torchiere’’. 

■ b. Revising the definition of ‘‘medium 

base compact fluorescent lamp’’. 

The revision and additions read as 

follows: 

§ 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. 

* * * * * 

■ 3. Appendix Q to subpart B of Part 

430 is amended by: 

■ 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)’’; 

■ 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)’’; 

■ c. Revising the definition of 

‘‘F96T12HO lamp’’. 

■ d. Redesignating sections 1.6 thru 1.13 

as 1.9 thru 1.16. 

■ 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 11⁄2 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 11⁄2 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 11⁄2 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 11⁄2 inches in diameter, 

and conforms to ANSI standard C78.81–2003 

(Data Sheet 7881–ANSI–1017–1). 

* * * * * 

■ 4. Section 430.32 of subpart C is 

amended by: 

■ a. Revising the introductory sentence 

of paragraph (m)(1). 

■ b. Adding new paragraphs (m)(5), 

(m)(6) and (m)(7). 

■ c. Adding new paragraphs (s), (t), (u) 

and (v). 

The revisions and additions read as 

follows: 

§ 430.32 Energy and water conservation 

standards and effective dates. 

* * * * * 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 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 § 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: 

Application for operation of Ballast input 

voltage 

Total nominal 

lamp watts 

Ballast efficacy 

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 screwbased 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 pinbased 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) & Configuration1 ..................................................... 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. 

60414 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

Factor Requirements 

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. 

1Take 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. 2Efficacies 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: 

Product capacity (pints/day) 

Minimum 

energy 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 

■ 5. The authority citation for part 431 

is revised to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 6. Section 431.1 of subpart A is 

revised to read as follows: 

§ 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. 

■ 7. Part 431 is amended by adding a 

new subpart C consisting of §§ 431.61, 

431.62, and 431.66 to read as follows: 

Subpart C—Commercial Refrigerators, 

Freezers and Refrigerator-Freezers 

§ 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. 

§ 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 § 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 

§ 431.66 Energy conservation standards 

and their effective dates. 

(a) In this section—

(1) The term ‘‘AV’’ means the adjusted 

volume (ft3) (defined as 1.63 x frozen 

temperature compartment volume (ft3) + 

chilled temperature compartment 

volume (ft3)) 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 (ft3) (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: 

Category Maximum daily energy 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. 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 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. 

§ 431.71 [Amended] 

■ 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’’. 

§ 431.81 [Amended] 

■ 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’’. 

§ 431.91 [Amended] 

■ 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’’. 

■ 11. In § 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: 

§ 431.92 Definitions concerning 

commercial air conditioners and heat 

pumps. 

* * * * * 

Commercial package air-conditioning 

and heating equipment means aircooled, water-cooled, evaporativelycooled, or water source (not including 

ground water source) electrically 

operated, unitary central air 

conditioners and central airconditioning heat pumps for 

commercial application. 

* * * * * 

Large commercial package airconditioning and heating equipment 

means commercial package airconditioning 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 airconditioning and heating equipment 

means commercial package airconditioning and heating equipment 

that is rated below 135,000 Btu per hour 

(cooling capacity). 

* * * * * 

Very large commercial package airconditioning and heating equipment 

means commercial package airconditioning 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). 

■ 12. Section 431.97 of subpart F of part 

431, is amended by: 

■ a. Designating the existing text as 

paragraph (a) and adding the words 

‘‘and before January 1, 2010’’ after the 

language in parentheses; and 

■ b. Adding new paragraph (b) to read 

as follows: 

§ 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: 

Product Cooling capacity 

(Btu/h) Category Efficiency level 

Small commercial package air-conditioning and heating equipment (aircooled).≥65,000 and <135,000 .................... AC ........... EER = 11.2* 

EER = 11.0** 

HP ............ EER = 11.0* 

EER = 10.8** 

Large commercial package air-conditioning and heating equipment (aircooled).≥135,000 and <240,000 .................. AC ............ EER = 1 1.0* 

EER = 10.8** 

HP ............ EER = 10.6* 

EER = 10.4** 

Very large commercial package air-conditioning (air-cooled) .................. ≥ 240,000 and <760,000 ................ AC ........... EER = 10.0* 

EER = 9.8** 

HP ............ EER = 9.5* 

EER = 9.3** 

Small commercial package air-conditioning heat pump ........................... ≥65,000 and <135,000 .................... HP ........... COP = 3.3 

Large commercial package air-conditioning heat pump .......................... ≥135,000 and <240,000 .................. HP ............ COP = 3.2 

Very large commercial package air-conditioning heat pump ................... ≥ 240,000 and <760,000 ................ HP ............ COP = 3.2 

*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°F dry-bulb and COP at a high temperature rating of 47°F dry-bulb. 

§ 431.101 [Amended] 

■ 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’’. 

■ 14. Part 431 is amended by adding a 

new subpart H consisting of §§ 431.131, 

431.132, and 431.136 to read as follows: 

Subpart H—Automatic Commercial Ice 

Makers 

§ 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. 

§ 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 

§ 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 

60416 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

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: 

Equipment type Type of cooling Harvest rate 

(lbs ice/24 hours) 

Maximum energy use 

(kWh/100 lbs 

ice) 

Maximum condenser water 

use *

(gal/100 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 remote compressor).Air .................................................. <1000 ............................................ 8.85–0.0038H Not applicable. 

Remote Condensing (but not remote compressor).Air .................................................. ≥1000 ............................................ 5.1 .................. Not applicable. 

Remote Condensing and Remote 

Compressor.

Air .................................................. <934 .............................................. 8.85–0.0038H Not applicable. 

Remote Condensing and Remote 

Compressor.

Air .................................................. ≥934 .............................................. 5.3 .................. Not applicable. 

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. 

■ 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 

§ 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. 

§ 431.152 Definitions concerning 

commercial clothes washers. 

Commercial clothes washer means a 

soft-mounted front-loading or softmounted 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 

§ 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 

§ 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 (§§ 431.190 through 431.196) 

[Redesignated as Subpart U 

(§§ 431.381 through 431.387)] 

■ 16. Part 431 is amended by redesignating subpart K as subpart U and 

redesignating §§ 431.190 through 

431.196 as §§ 431.381 through 431.387. 

■ 16a. A new Subpart K consisting of 

§§ 431.191, 431.192, and 431.196 is 

added to part 431 to read as follows: 

Subpart K—Distribution Transformers 

§ 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. 

§ 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, autotransformer, 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—

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 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 

§ 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 (§§ 431.201 through 431.207) 

[Redesignated as Subpart V 

(§§ 431.401 through 431.407)] 

■ 17. Part 431 is amended by 

redesignating subpart L as subpart V 

and redesignating §§ 431.201 through 

431.207 as §§ 431.401 through 431.407. 

■ 17a. A new subpart L consisting of 

§§ 431.201, 431.202, and 431.206 is 

added to part 431 to read as follows: 

Subpart L—Illuminated Exit Signs 

§ 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. 

§ 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 

§ 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 (§§ 431.211 through 431.220) 

[Redesignated as Subpart W 

(§§ 431.421 through 431.430)] 

■ 18. Part 431 is amended by redesignating subpart M as subpart W and 

redesignating §§ 431.211 through 

431.220 as §§ 431.421 through 431.430. 

■ 18a. A new subpart M consisting of 

§§ 431.221, 431.222, and 431.226 is 

added to part 431 to read as follows: 

Subpart M—Traffic Signal Modules and 

Pedestrian Modules 

§ 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. 

§ 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 

§ 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 

wattage 

(at 74 °C) 

Nominal 

wattage 

(at 25 °C) 

Traffic Signal Module Type: 

60418 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

Maximum 

wattage 

(at 74 °C) 

Nominal 

wattage 

(at 25 °C) 

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. 

■ 19. Part 431 is amended by adding a 

new subpart N consisting of §§ 431.241, 

431.242, and 431.246 to read as follows: 

Subpart N—Unit Heaters 

§ 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. 

§ 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 

§ 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. 

■ 20. Part 431 is amended by adding a 

new subpart O consisting of §§ 431.261, 

431.262, and 431.266 to read as follows: 

Subpart O—Commercial Prerinse 

Spray Valves 

§ 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. 

§ 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 

§ 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. 

■ 21. Part 431 is amended by adding a 

new subpart P consisting of §§ 431.281, 

431.282, and 431.286 to read as follows: 

Subpart P—Mercury Vapor Lamp 

Ballasts 

§ 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. 

§ 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/cm2, 

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 

§ 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] 

■ 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 

FEDERAL RESERVE SYSTEM 

12 CFR Part 229 

[Regulation CC; Docket No. R–1237] 

Availability of Funds and Collection of 

Checks 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Board of Governors is 

amending appendix A of Regulation CC 

to delete the reference to the Oklahoma 

City branch office of the Federal Reserve 

Bank of Kansas City and reassign the 

Federal Reserve routing symbols 

currently listed under that office to the 

head office of the Federal Reserve Bank 

of Dallas and delete the reference to the 

Columbus office of the Federal Reserve 

Bank of Cleveland and reassign the 

routing symbols listed under that office 

to the Cincinnati branch office and the 

head office of that Reserve Bank. These 

amendments will ensure that the 

information in appendix A accurately 

describes the actual structure of check 

processing operations within the 

Federal Reserve System. The 

amendments to the routing symbol lists 

in appendix A under the Federal 

Reserve Bank of Cleveland differ from 

the Board’s September 28, 2004, general 

advance notice. (See 69 FR 57837.)