80_FR_68487 80 FR 68274 - Energy Conservation Program: Clarification of Test Procedures for Fluorescent Lamp Ballasts

80 FR 68274 - Energy Conservation Program: Clarification of Test Procedures for Fluorescent Lamp Ballasts

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 213 (November 4, 2015)

Page Range68274-68281
FR Document2015-28077

The U.S. Department of Energy (DOE) proposes to clarify its test procedures for fluorescent lamp ballasts established under the Energy Policy and Conservation Act. DOE is proposing to replace all instances of ballast efficacy factor (BEF) with ballast luminous efficiency (BLE) in our regulations and to add rounding instructions to the same section for BLE and power factor. DOE also proposes to clarify the represented value instructions for power factor. Finally, DOE is proposing to revise Appendix Q to clarify the lamp-ballast pairings for testing.

Federal Register, Volume 80 Issue 213 (Wednesday, November 4, 2015)
[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Proposed Rules]
[Pages 68274-68281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28077]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2009-BT-TP-0016]
RIN 1904-AD58


Energy Conservation Program: Clarification of Test Procedures for 
Fluorescent Lamp Ballasts

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to clarify its 
test procedures for fluorescent lamp ballasts established under the 
Energy Policy and Conservation Act. DOE is proposing to replace all 
instances of ballast efficacy factor (BEF) with ballast luminous 
efficiency (BLE) in our regulations and to add rounding instructions to 
the same section for BLE and power factor. DOE also proposes to clarify 
the represented value instructions for power factor. Finally, DOE is 
proposing to revise Appendix Q to clarify the lamp-ballast pairings for 
testing.

[[Page 68275]]


DATES: DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) no later than January 4, 2016. See 
section V, ``Public Participation,'' for details.

ADDRESSES: Any comments submitted must identify the NOPR for 
Clarification of Test Procedures for Fluorescent Lamp Ballasts, and 
provide docket number EE-2009-BT-TP-0016 and/or regulatory information 
number (RIN) number 1904-AD58. Comments may be submitted using any of 
the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [FLB-2009-TP-0016@ee.doe.gov] Include the docket number 
and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at regulations.gov. All documents in the docket are listed in 
the regulations.gov index. However, some documents listed in the index, 
such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/62. This Web page will contain a link to the docket for this 
notice on the regulations.gov site. The regulations.gov Web page will 
contain simple instructions on how to access all documents, including 
public comments, in the docket. See section V for information on how to 
submit comments through regulations.gov.
    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 287-1604. Email: 
fluorescent_lamp_ballasts@ee.doe.gov.
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: Sarah.Butler@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE is incorporating by reference the 
following industry standard into 10 CFR part 430. Copies of this 
industry standard can be reviewed in person at U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. For further information on accessing 
standards incorporated by reference, contact Ms. Brenda Edwards at 
(202) 586-2945 or by email: Brenda.Edwards@ee.doe.gov.
    IEC \1\ 60081 (Amendment 4, Edition 5.0), ``Double-capped 
fluorescent lamps--Performance specifications.''
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    \1\ International Electrotechnical Commission.
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    Copies of IEC 60081 can be obtained from American National 
Standards Institute, 25 West 43rd Street, 4th Floor, New York, NY 10036 
or http://webstore.iec.ch/.

Table of Contents

I. Authority and Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Replacing Ballast Efficacy Factor with Ballast Luminous 
Efficiency
    B. Rounding Requirements for Ballast Luminous Efficiency
    C. Rounding Requirements and Represented Value for Power Factor
    D. Lamp Pairing for Testing
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Standards Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Title III, Part B \2\ of the Energy Policy and Conservation Act of 
1975 (``EPCA'' or, ``the Act''), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to 
improve energy efficiency and established the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' \3\ These 
include fluorescent lamp ballasts, the subject of this proposed rule. 
(42 U.S.C. 6292(a)(13))
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \3\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015 (EEIA 2015), 
Public Law 114-11 (April 30, 2015).
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered products must use as the basis for (1) certifying to the 
Department of Energy (DOE) that their products comply with the 
applicable energy conservation standards adopted under EPCA, and (2) 
making representations about the efficiency of those products. 
Similarly, DOE must use these test procedures to determine whether the 
products comply with any relevant standards promulgated under EPCA.
    DOE published test procedure final rules on April 24, 1991, October 
22, 2009, and May 4, 2011 (hereafter the ``May 2011 test procedure 
final rule''), establishing active mode test procedures, standby and 
off mode test procedures, and revised active mode test procedures 
respectively. 56 FR 18677, 74 FR 54445, and 76 FR 25211. The May 2011 
test procedure final rule established Appendix Q1 \4\ to subpart B of 
10 CFR part 430. DOE also published final rules establishing and 
amending energy conservation standards for fluorescent lamp ballasts on 
September 19, 2000, and November 14, 2011 (hereafter the ``November 
2011 standards final rule''), which completed the two energy 
conservation standard rulemakings required under 42 U.S.C.

[[Page 68276]]

6295(g)(7). 65 FR 56740; 76 FR 70547. The November 2011 standards final 
rule established the regulations located at 10 CFR 430.32(m)(8)-(10). 
DOE also published final rules on February 4, 2015 (hereafter the 
``February 2015 correction final rule'') and on June 5, 2015 (hereafter 
the ``June 2015 clarification final rule'') to correct and clarify 
certain requirements and specifications in the CFR relating to energy 
conservation standards and test procedures. 80 FR 5896; 80 FR 31971. 
This rulemaking proposes additional requirements in support of the 
current test procedure.
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    \4\ Appendix Q1 was redesignated as Appendix Q in the June 2015 
clarification final rule. 80 FR 31971 (June 5, 2015).
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II. Synopsis of the Notice of Proposed Rulemaking

    In this notice of proposed rulemaking (NOPR), DOE proposes several 
clarifications to the test procedure requirements for fluorescent lamp 
ballasts. DOE is proposing to replace all instances of ballast efficacy 
factor (BEF) with ballast luminous efficiency (BLE) in 10 CFR 429.26 
and to add rounding instructions in 10 CFR 429.26 for BLE and power 
factor. DOE also proposes to clarify the represented value instructions 
for power factor. Finally, DOE is proposing revisions to Appendix Q to 
clarify the lamp-ballast pairings for testing.
    Manufacturers would be required to comply with the requirements 
included in this rulemaking within 180 days after the publication of 
the final rule.

III. Discussion

A. Replacing Ballast Efficacy Factor With Ballast Luminous Efficiency

    Manufacturers were previously required to use the test procedure 
for fluorescent lamp ballasts at 10 CFR part 430, subpart B, appendix Q 
to determine compliance with DOE's standards, which were a measurement 
of BEF. The May 2011 test procedure final rule, which changed the test 
procedure to a measurement of BLE, established appendix Q1 to subpart B 
of 10 CFR part 430 to determine compliance with DOE's fluorescent lamp 
ballast standards. 76 FR 25211. On November 14, 2011, DOE issued 
amended standards for fluorescent lamp ballasts based on BLE and 
compliance with those standards has been required since November 14, 
2014. 76 FR 70548. 10 CFR 430.32 (m). Because the fluorescent lamp 
ballast standards based on BEF are no longer applicable, the June 2015 
clarification final rule removed the test procedure for BEF at Appendix 
Q and redesignated the Appendix Q1 test procedure for BLE as Appendix 
Q. 80 FR 31971. To support the transition from BEF to BLE, DOE is 
proposing to replace all instances of BEF with BLE in 10 CFR 429.26.

B. Rounding Requirements for Ballast Luminous Efficiency

    Currently, rounding requirements are not provided for the 
represented value of BLE. When developing standards in the November 
2011 standards final rule, DOE rounded BLE to the thousandths place 
when analyzing the costs and benefits of the adopted standard. For 
consistency with the 2011 standards final rule, DOE proposed to specify 
rounding the represented value of BLE to the nearest thousandths place 
in a NOPR proposing clarifications to the test procedures for 
fluorescent lamp ballasts, published on January 6, 2015 (hereafter the 
``January 2015 clarification NOPR''). 80 FR 404.
    Regarding this proposal, NEMA commented that rounding to the 
thousandths place is acceptable as long as significant figures are 
handled correctly. (NEMA, No. 30 at p. 3) \5\ DOE received no further 
comments on rounding BLE. However, DOE determined that rounding 
requirements would be more appropriately addressed in 10 CFR 429.26,\6\ 
and thus did not adopt rounding requirements in the June 2015 
clarification final rule. In this NOPR, DOE is proposing to amend 10 
CFR 429.26 by specifying that the represented value of BLE must be 
rounded to the nearest thousandths place.
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    \5\ A notation in this form provides a reference for information 
that is in the docket of DOE's rulemaking to develop test procedures 
for fluorescent lamp ballasts (Docket No. EERE-2009-BT-TP-0016), 
which is maintained at www.regulations.gov. This notation indicates 
that the statement preceding the reference is document number 30 in 
the docket for the fluorescent lamp ballasts test procedure 
rulemaking, and appears at page 3 of that document.
    \6\ The January 2015 clarification NOPR proposed to include 
rounding requirements at 10 CFR 430.23.
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C. Rounding Requirements and Represented Value for Power Factor

    Currently, rounding requirements are not provided for the 
represented value of power factor. Manufacturers have shown the 
capability to round to the nearest hundredths place. When reporting 
power factor in product literature and data sheets, it is standard for 
manufacturers to round to the nearest hundredths place. DOE proposes to 
amend 10 CFR 429.26 by specifying that the power factor must be rounded 
to the nearest hundredths place. DOE also proposes to add power factor 
to 10 CFR 429.26(a)(2)(ii) to clearly indicate the requirements for 
calculating the represented value of power factor prior to rounding.

D. Lamp Pairing for Testing

    In the May 2011 test procedure final rule, DOE specified that 
ballasts are to be paired with the most common wattage lamp and 
provided a table (Table A of appendix Q of subpart B of 10 CFR part 
430) to indicate which lamp should be used with each ballast. 76 FR 
25211. Table A lists the ballast description along with the lamp type 
intended for testing. Though ballasts can frequently operate lamps of 
the same diameter but different wattages, DOE requires testing with 
only one lamp wattage per ballast. To clarify this requirement, in the 
January 2015 clarification NOPR, DOE proposed to indicate in section 
2.3.1.7 of Appendix Q that each ballast should be tested with only one 
lamp type corresponding to the lamp diameter and base type the ballast 
is designed and marketed to operate. 80 FR 404, 415. For example, a 
ballast designed and marketed to operate both 32 watt (W) 4-foot medium 
bipin (MBP) T8 lamps and 28 W 4-foot MBP T8 lamps should only be tested 
with the 32 W lamp. DOE also proposed to indicate in section 2.3.1.5 of 
Appendix Q that a ballast designed and marketed to operate both T8 and 
T12 lamps must be tested with T8 lamps. 80 FR at 406. DOE adopted these 
proposed clarifications in the June 2015 clarification final rule. 80 
FR 31971.
    Regarding the proposal in the January 2015 clarification NOPR, NEMA 
recommended that DOE also include the American National Standards 
Institute (ANSI) lamp abbreviations from ANSI C78.81 \7\ in Table A of 
Appendix Q of subpart B of 10 CFR part 430. (NEMA, No. 30 at p. 2) DOE 
did not address this lamp identification issue in the June 2015 
clarification final rule because DOE wanted to provide opportunity for 
public comment on the proposed incorporation by reference of additional 
industry standards. DOE agrees that referencing the ANSI and IEC lamp 
specifications would further clarify the lamp pairings used for 
testing. Section 2.3.1.3 of Appendix Q states that the fluorescent lamp 
used for testing must meet the specifications of a reference lamp as 
defined by ANSI C82.13 (IBR 430.3), and ANSI C82.13 states that the 
lamps used must operate at values of lamp voltage, lamp wattage and 
lamp current, each within 2.5 percent of the values given in the 
corresponding lamp

[[Page 68277]]

standards found in ANSI C78.81 and ANSI C78.901.
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    \7\ ``American National Standard for Electric Lamps: Double-
Capped Fluorescent Lamps--Dimensional and Electrical 
Characteristics'' (approved Jan. 14, 2010).
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    In this NOPR, DOE proposes to add the appropriate page number 
corresponding to the lamp specifications in ANSI_ANSLG C78.81-2010 
(hereafter ``ANSI C78.81-2010''), ANSI_IEC C78.901-2005 (hereafter 
``ANSI C78.901-2005''),\8\ and IEC 60081 (Amendment 4, Edition 5.0) \9\ 
in parentheses alongside the contents of the Lamp Diameter and Base 
column of Table A of Appendix Q. To support these page number 
references, DOE proposes to incorporate by reference IEC 60081 
(Amendment 4, Edition 5.0).
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    \8\ ``American National Standard for Electric Lamps--Single-
Based Fluorescent Lamps--Dimensional and Electrical 
Characteristics'' (approved Mar. 23, 2005).
    \9\ ANSI C78.81 directs readers to IEC 60081 for lamp 
specifications for T5 miniature bipin lamps. IEC 60081 refers to 
``International Electrotechnical Commission Double-capped 
fluorescent lamps--Performance specifications'' (approved Feb. 18, 
2010).
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IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et se.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    This rulemaking clarifies existing requirements for testing and 
compliance with standards and does not change the burden associated 
with fluorescent lamp ballast regulations on any entity, large or 
small. Therefore, DOE concludes and certifies that this rulemaking 
would not have a significant economic impact on a substantial number of 
small entities.
    Accordingly, DOE has not prepared a regulatory flexibility analysis 
for this rulemaking. DOE's certification and supporting statement of 
factual basis will be provided to the Chief Counsel for Advocacy of the 
SBA \10\ for review under 5 U.S.C. 605(b). DOE certifies that this rule 
would have no significant impact on a substantial number of small 
entities. DOE seeks comment regarding whether the proposed 
clarifications in this proposed rulemaking would have a significant 
economic impact on any small entities.
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    \10\ Small Business Administration.
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C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of fluorescent lamp ballasts must certify to DOE that 
their products comply with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
products according to the DOE test procedures for fluorescent lamp 
ballasts, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including fluorescent lamp ballasts. (76 FR 12422 (March 7, 
2011). The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). This requirement has been approved by 
OMB under OMB control number 1910-1400. Public reporting burden for the 
certification is estimated to average 30 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes revisions to test procedures 
for fluorescent lamp ballasts. DOE has determined that this rule falls 
into a class of actions that are categorically excluded from review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, this proposed rule would amend the existing test 
procedures without affecting the amount, quality or distribution of 
energy usage, and, therefore, would not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of

[[Page 68278]]

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

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
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://energy.gov/gc/office-general-counsel. DOE examined today's 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

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

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This 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

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

J. Review Under 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 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed this proposed rule 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

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This regulatory action to clarify test procedures for measuring the 
energy efficiency of fluorescent lamp ballasts is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    The proposed rule would incorporate testing methods contained in 
the following commercial standards: ANSI C78.901-2005, ``American 
National Standard for Electric Lamps--Single-Based Fluorescent Lamps--
Dimensional and Electrical Characteristics'' and IEC 60081, 
``International Electrotechnical Commission Double-capped fluorescent 
lamps--Performance specifications''

[[Page 68279]]

(Amendment 4, Edition 5). The Department has evaluated these standards 
and is unable to conclude whether they fully comply with the 
requirements of section 32(b) of the FEAA, (i.e., that they were 
developed in a manner that fully provides for public participation, 
comment, and review). DOE will consult with the Attorney General and 
the Chairman of the FTC concerning the impact of these test procedures 
on competition, prior to prescribing a final rule.

M. Description of Standards Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IEC, titled ``International Electrotechnical 
Commission Double-capped fluorescent lamps--Performance 
specifications,'' IEC 60081 Amendment 4 Edition 5.0. IEC 60081 is an 
industry accepted standard that specifies dimensional and electrical 
characteristics related to fluorescent lamps (specifically T5 lamps) 
and is applicable to products sold in North America. The description of 
lamp-ballast pairings for testing proposed in this NOPR references IEC 
60081. IEC 60081 is readily available on IEC's Web site at https://webstore.iec.ch/.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the proposed clarification regarding 
rounding and lamp pairing for testing.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

[[Page 68280]]

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, household 
appliances, Imports, Reporting and recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on October 27, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II, Subchapter D, of Title 10, Code of 
Federal Regulations, as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for Part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.
0
2. Section 429.26 is amended by revising paragraphs (a)(2)(ii) and 
(b)(2) and adding paragraph (c) to read as follows:


Sec.  429.26  Fluorescent lamp ballasts.

    (a) * * *
    (2) * * *
    (ii) Any represented value of the ballast luminous efficiency, 
power factor, or other measure of the energy consumption of a basic 
model for which consumers would favor a higher value shall be less than 
or equal to the lower of:
* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information: the ballast 
luminous efficiency, the ballast power factor, the number of lamps 
operated by the ballast, and the type of lamps operated by the ballast.
    (c) Rounding Requirements.
    (1) Round ballast luminous efficiency to the nearest thousandths 
place.
    (2) Round power factor to the nearest hundredths place.

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. 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
4. Section 430.3 is amended by:
0
a. Adding in paragraph (e)(7) the text ``, appendix Q'' after the text 
``Sec.  430.2'';
0
b. Redesignating paragraphs (p)(2) through (p)(4) as paragraphs (p)(3) 
through (p)(5) respectively; and
0
c. Adding paragraph (p)(2) to read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (p) * * *
    (2) IEC Standard 60081 (``IEC 60081''), Double-capped fluorescent 
lamps--Performance specifications. (Amendment 4, Edition 5.0, 2010-02); 
IBR approved for appendix Q to subpart B.
* * * * *
0
5. Appendix Q to subpart B of part 430 is amended by revising Table A 
as follows:
Appendix Q to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Fluorescent Lamp Ballasts
* * * * *

                       Table A--Lamp-and-Ballast Pairings and Frequency Adjustment Factors
----------------------------------------------------------------------------------------------------------------
                                                  Lamp type                Frequency adjustment factor ([beta])
                                   -----------------------------------------------------------------------------
           Ballast type               Lamp diameter and    Nominal lamp
                                            base              wattage        Low-frequency      High-frequency
----------------------------------------------------------------------------------------------------------------
Ballasts that operate straight-     T8 MBP (Data Sheet                32                0.94                 1.0
 shaped lamps (commonly referred     7881-ANSI-1005-2) *.
 to as 4-foot medium bipin lamps)
 with medium bipin bases and a
 nominal overall length of 48
 inches.
                                    T12 MBP (Data Sheet               34                0.93                 1.0
                                     7881-ANSI-1006-1) *.
Ballasts that operate U-shaped      T8 MBP (Data Sheet                32                0.94                 1.0
 lamps (commonly referred to as 2-   78901-ANSI-4027-1)
 foot U-shaped lamps) with medium    *.
 bipin bases and a nominal overall
 length between 22 and 25 inches.
                                    T12 MBP * *.........              34                0.93                 1.0
Ballasts that operate rapid-start   T8 HO RDC (Data                   86                0.92                 1.0
 lamps (commonly referred to as 8-   Sheet 7881-ANSI-
 foot-high output lamps) with        1501-1) *.
 recessed double contact bases and
 a nominal overall length of 96
 inches.
                                    T12 HO RDC (Data                  95                0.94                 1.0
                                     Sheet 7881-ANSI-
                                     1017-1) *.
Ballasts that operate instant-      T8 slimline SP (Data              59                0.95                 1.0
 start lamps (commonly referred to   Sheet 7881-ANSI-
 as 8-foot slimline lamps) with      1505-1) *.
 single pin bases and a nominal
 overall length of 96 inches.
                                    T12 slimline SP                   60                0.94                 1.0
                                     (Data Sheet 7881-
                                     ANSI-3006-1) *.

[[Page 68281]]

 
Ballasts that operate straight-     T5 SO Mini-BP (Data               28                0.95                 1.0
 shaped lamps (commonly referred     Sheet 60081-IEC-
 to as 4-foot miniature bipin        6640-5) *.
 standard output lamps) with
 miniature bipin bases and a
 nominal length between 45 and 48
 inches.
Ballasts that operate straight-     T5 HO Mini-BP (Data               54                0.95                 1.0
 shaped lamps (commonly referred     Sheet 60081-IEC-
 to as 4-foot miniature bipin high   6840-4) *.
 output lamps) with miniature
 bipin bases and a nominal length
 between 45 and 48 inches.
Sign ballasts that operate rapid-   T8 HO RDC (Data                   86                0.92                 1.0
 start lamps (commonly referred to   Sheet 7881-ANSI-
 as 8-foot high output lamps) with   1501-1) *.
 recessed double contact bases and
 a nominal overall length of 96
 inches.
                                    T12 HO RDC (Data        110 [dagger]                0.94                 1.0
                                     Sheet 7881-ANSI-
                                     1019-1) *.
----------------------------------------------------------------------------------------------------------------
MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin,
  respectively.
A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is
  designed and marketed to operate.
 * Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see
  Sec.   430.3).
 ** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12
  2-foot U-shaped lamps with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers
  should select a T12 U-shaped lamp designed and marketed as having a nominal wattage of 34 W.
[dagger] Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference;
  see Sec.   430.3) lists nominal wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be
  used for testing.

* * * * *
[FR Doc. 2015-28077 Filed 11-3-15; 8:45 am]
 BILLING CODE 6450-01-P



                                                 68274                     Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules

                                                 generating capacity of 300 MWe or less                                      Maximum fee is defined as the highest                                  licensed thermal power rating equal to
                                                 per module.                                                              fee paid by a single bundled unit. It is                                  or less 2,000 MWt.
                                                    Small modular reactor site (SMR site)                                 applied to all bundled units on an SMR                                       Variable rate means a per-MWt fee
                                                 is the geographically bounded location                                   site with a licensed thermal power                                        factor applied to the first bundled unit
                                                 of one or more SMRs and a basis on                                       rating greater than 2,000 and less than                                   on a site with a licensed thermal power
                                                 which SMR fees are calculated.                                           or equal to 4,500 MWt and is equal to                                     rating greater than 250 and or less than
                                                 *     *     *    *     *                                                 the annual fee paid by existing fleet                                     or equal to 2,000 MWt, or to additional
                                                                                                                          power reactors.                                                           bundled units on a site above the 4,500
                                                 PART 171—ANNUAL FEES FOR                                                    Minimum fee means one annual fee                                       MWt threshold based on the licensed
                                                 REACTOR LICENSES AND FUEL                                                component paid by the first bundled                                       thermal power rating equal to or less
                                                 CYCLE LICENSES AND MATERIALS                                             unit on a site with a cumulative                                          than 2,000 MWt. The factor is based on
                                                 LICENSES, INCLUDING HOLDERS OF                                           licensed thermal power rating of 2,000                                    the difference between the maximum
                                                 CERTIFICATES OF COMPLIANCE,                                              MWt or less. For the first bundled unit                                   fee and the minimum fee, divided by
                                                 REGISTRATIONS, AND QUALITY                                               on a site with a licensed thermal power                                   the difference in the variable fee
                                                 ASSURANCE PROGRAM APPROVALS                                              rating of 250 MWt or less, it is the only                                 licensed thermal rating range (either
                                                 AND GOVERNMENT AGENCIES                                                  annual fee that a licensee pays.                                          1,750 MWt for the 2,000 MWt for first
                                                 LICENSED BY THE NRC                                                      *     *     *     *     *                                                 bundled unit or 2,000 MWt for
                                                 ■ 3. The authority citation for part 171                                    Small modular reactor (SMR) for the                                    additional bundled units).
                                                 continues to read as follows:                                            purposes of calculating fees, means the                                   ■ 5. In § 171.15, redesignate paragraph
                                                                                                                          class of light-water power reactors                                       (e) as paragraph (f), and add new
                                                   Authority: Atomic Energy Act of 1954,
                                                 secs. 11, 161(w), 223, 234 (42 U.S.C. 2014,                              having a licensed thermal power rating                                    paragraph (e) to read as follows:
                                                 2201(w), 2273, 2282); Energy Reorganization                              less than or equal to 1,000 MWt per
                                                 Act of 1974, sec. 201 (42 U.S.C. 5841); 42                               module. This rating is based on the                                       § 171.15 Annual fees: Reactor licenses
                                                 U.S.C. 2214; 44 U.S.C. 3504 note.                                        thermal power equivalent of a light-                                      and independent spent fuel storage
                                                                                                                          water SMR with an electrical power                                        licenses.
                                                 ■ 4. In § 171.5, add, in alphabetical
                                                                                                                          generating capacity of 300 MWe or less                                    *      *     *    *     *
                                                 order, the definitions for bundled unit,
                                                 maximum fee, minimum fee, small                                          per module.                                                                  (e)(1) Each person holding an
                                                 modular reactor (SMR), small modular                                        Small modular reactor site (SMR site)                                  operating license for a small modular
                                                 reactor site (SMR site), variable fee and                                means the geographical bounded                                            reactor issued under part 50 of this
                                                 variable rate to read as follows:                                        location of one or more SMRs and a                                        chapter or that holds a combined license
                                                                                                                          basis on which SMR fees are calculated.                                   issued under part 52 of this chapter after
                                                 § 171.5       Definitions.                                               *     *     *     *     *                                                 the Commission has made the finding
                                                 *     *     *     *    *                                                    Variable fee means the annual fee                                      under 10 CFR 52.103(g) shall pay the
                                                    Bundled unit means a measure of the                                   component paid by the first bundled                                       annual fee for each license held during
                                                 cumulative licensed thermal power                                        unit on a site with a licensed thermal                                    the fiscal year in which the fee is due.
                                                 rating for one or more SMRs located on                                   power rating greater than 250 and less                                       (2) The annual fees for a small
                                                 a single SMR site. One bundled unit is                                   than or equal to 2,000 MWt. For                                           modular reactor(s) located on a single
                                                 less than or equal to 4,500 MWt.                                         additional bundled units on a site, the                                   site to be collected by September 30 of
                                                 *     *     *     *    *                                                 variable fee is calculated based on the                                   each year, are as follows:

                                                                                                                     Bundled unit                                                                                     Minimum          Variable       Maximum
                                                                                                                 thermal power rating *                                                                                 fee              fee            fee

                                                 First Bundled Unit:
                                                      0–250 MWt ...................................................................................................................................................   TBD ........    N/A .........   N/A.
                                                      > 250 ≤ 2,000 MWt ......................................................................................................................................        TBD ........    TBD ........    N/A.
                                                      > 2,000 ≤ 4,500 MWt ...................................................................................................................................         N/A .........   N/A .........   TBD.
                                                 Additional Bundled Units:
                                                      > 4,500 ≤ 6,500 MWt ...................................................................................................................................         N/A .........   TBD ........    N/A.
                                                      > 6,500 ≤ 9,000 MWt ...................................................................................................................................         N/A .........   N/A .........   TBD.
                                                     * Note that the total annual fee paid is cumulative for the first bundled unit and each additional bundled unit.


                                                   (3) The annual fee is assessed for the                                 DEPARTMENT OF ENERGY                                                      SUMMARY:   The U.S. Department of
                                                 same activities listed for the power                                                                                                               Energy (DOE) proposes to clarify its test
                                                 reactor base annual fee and spent fuel                                   10 CFR Parts 429 and 430                                                  procedures for fluorescent lamp ballasts
                                                 storage/reactor decommissioning reactor                                                                                                            established under the Energy Policy and
                                                 fee.                                                                     [Docket No. EERE–2009–BT–TP–0016]                                         Conservation Act. DOE is proposing to
                                                 *     *    *      *     *                                                                                                                          replace all instances of ballast efficacy
                                                                                                                          RIN 1904–AD58
                                                                                                                                                                                                    factor (BEF) with ballast luminous
                                                   Dated at Rockville, Maryland, this 16th day
                                                                                                                                                                                                    efficiency (BLE) in our regulations and
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                 of October 2015.                                                         Energy Conservation Program:
                                                                                                                          Clarification of Test Procedures for                                      to add rounding instructions to the same
                                                   For the Nuclear Regulatory Commission.                                                                                                           section for BLE and power factor. DOE
                                                                                                                          Fluorescent Lamp Ballasts
                                                 Maureen E. Wylie,                                                                                                                                  also proposes to clarify the represented
                                                 Chief Financial Officer.                                                 AGENCY: Office of Energy Efficiency and                                   value instructions for power factor.
                                                 [FR Doc. 2015–28110 Filed 11–3–15; 8:45 am]                              Renewable Energy, Department of                                           Finally, DOE is proposing to revise
                                                                                                                          Energy.                                                                   Appendix Q to clarify the lamp-ballast
                                                 BILLING CODE 7590–01–P
                                                                                                                          ACTION: Notice of proposed rulemaking.                                    pairings for testing.


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                                                                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules                                                      68275

                                                 DATES:  DOE will accept comments, data,                 contact Ms. Brenda Edwards at (202)                       L. Review Under Section 32 of the Federal
                                                 and information regarding this notice of                586–2945 or by email:                                        Energy Administration Act of 1974
                                                 proposed rulemaking (NOPR) no later                     Brenda.Edwards@ee.doe.gov.                                M. Description of Standards Incorporated
                                                                                                                                                                      by Reference
                                                 than January 4, 2016. See section V,                    FOR FURTHER INFORMATION CONTACT: Ms.                    V. Public Participation
                                                 ‘‘Public Participation,’’ for details.                  Lucy deButts, U.S. Department of                          A. Submission of Comments
                                                 ADDRESSES: Any comments submitted                       Energy, Office of Energy Efficiency and                   B. Issues on Which DOE Seeks Comment
                                                 must identify the NOPR for Clarification                Renewable Energy, Building                              VI. Approval of the Office of the Secretary
                                                 of Test Procedures for Fluorescent Lamp                 Technologies Program, EE–5B, 1000                       I. Authority and Background
                                                 Ballasts, and provide docket number                     Independence Avenue SW.,
                                                 EE–2009–BT–TP–0016 and/or                               Washington, DC 20585–0121.                                 Title III, Part B 2 of the Energy Policy
                                                 regulatory information number (RIN)                     Telephone: (202) 287–1604. Email:                       and Conservation Act of 1975 (‘‘EPCA’’
                                                 number 1904–AD58. Comments may be                       fluorescent_lamp_ballasts@ee.doe.gov.                   or, ‘‘the Act’’), Public Law 94–163 (42
                                                 submitted using any of the following                       Ms. Sarah Butler, U.S. Department of                 U.S.C. 6291–6309, as codified) sets forth
                                                 methods:                                                Energy, Office of the General Counsel,                  a variety of provisions designed to
                                                    1. Federal eRulemaking Portal:                       GC–71, 1000 Independence Avenue                         improve energy efficiency and
                                                 www.regulations.gov. Follow the                         SW., Washington, DC 20585–0121.                         established the ‘‘Energy Conservation
                                                 instructions for submitting comments.                   Telephone: (202) 586–1777. Email:                       Program for Consumer Products Other
                                                    2. Email: [FLB-2009-TP-0016@                         Sarah.Butler@hq.doe.gov.                                Than Automobiles.’’ 3 These include
                                                 ee.doe.gov] Include the docket number                   SUPPLEMENTARY INFORMATION: DOE is
                                                                                                                                                                 fluorescent lamp ballasts, the subject of
                                                 and/or RIN in the subject line of the                   incorporating by reference the following                this proposed rule. (42 U.S.C.
                                                 message.                                                industry standard into 10 CFR part 430.                 6292(a)(13))
                                                                                                                                                                    Under EPCA, the energy conservation
                                                    3. Mail: Ms. Brenda Edwards, U.S.                    Copies of this industry standard can be
                                                                                                                                                                 program consists essentially of four
                                                 Department of Energy, Building                          reviewed in person at U.S. Department
                                                                                                                                                                 parts: (1) Testing, (2) labeling, (3)
                                                 Technologies Program, Mailstop EE–5B,                   of Energy, Building Technologies
                                                                                                                                                                 Federal energy conservation standards,
                                                 1000 Independence Avenue SW.,                           Program, 950 L’Enfant Plaza SW., Suite
                                                                                                                                                                 and (4) certification and enforcement
                                                 Washington, DC 20585–0121. If                           600, Washington, DC 20024. For further
                                                                                                                                                                 procedures. The testing requirements
                                                 possible, please submit all items on a                  information on accessing standards
                                                                                                                                                                 consist of test procedures that
                                                 CD. It is not necessary to include                      incorporated by reference, contact Ms.
                                                                                                                                                                 manufacturers of covered products must
                                                 printed copies.                                         Brenda Edwards at (202) 586–2945 or by
                                                                                                                                                                 use as the basis for (1) certifying to the
                                                    4. Hand Delivery/Courier: Ms. Brenda                 email: Brenda.Edwards@ee.doe.gov.
                                                                                                                                                                 Department of Energy (DOE) that their
                                                 Edwards, U.S. Department of Energy,                        IEC 1 60081 (Amendment 4, Edition
                                                                                                                                                                 products comply with the applicable
                                                 Building Technologies Program, 950                      5.0), ‘‘Double-capped fluorescent
                                                                                                                                                                 energy conservation standards adopted
                                                 L’Enfant Plaza SW., Suite 600,                          lamps—Performance specifications.’’
                                                                                                            Copies of IEC 60081 can be obtained                  under EPCA, and (2) making
                                                 Washington, DC 20024. Telephone:
                                                                                                         from American National Standards                        representations about the efficiency of
                                                 (202) 586–2945. If possible, please
                                                                                                         Institute, 25 West 43rd Street, 4th Floor,              those products. Similarly, DOE must use
                                                 submit all items on a CD. It is not
                                                                                                         New York, NY 10036 or http://                           these test procedures to determine
                                                 necessary to include printed copies.
                                                                                                         webstore.iec.ch/.                                       whether the products comply with any
                                                    For detailed instructions on
                                                                                                                                                                 relevant standards promulgated under
                                                 submitting comments and additional
                                                                                                         Table of Contents                                       EPCA.
                                                 information on the rulemaking process,
                                                                                                         I. Authority and Background
                                                                                                                                                                    DOE published test procedure final
                                                 see section V of this document (Public
                                                                                                         II. Synopsis of the Notice of Proposed                  rules on April 24, 1991, October 22,
                                                 Participation).
                                                                                                               Rulemaking                                        2009, and May 4, 2011 (hereafter the
                                                    Docket: The docket, which includes
                                                                                                         III. Discussion                                         ‘‘May 2011 test procedure final rule’’),
                                                 Federal Register notices, comments,
                                                                                                            A. Replacing Ballast Efficacy Factor with            establishing active mode test
                                                 and other supporting documents/                               Ballast Luminous Efficiency                       procedures, standby and off mode test
                                                 materials, is available for review at                      B. Rounding Requirements for Ballast                 procedures, and revised active mode
                                                 regulations.gov. All documents in the                         Luminous Efficiency                               test procedures respectively. 56 FR
                                                 docket are listed in the regulations.gov                   C. Rounding Requirements and                         18677, 74 FR 54445, and 76 FR 25211.
                                                 index. However, some documents listed                         Represented Value for Power Factor
                                                                                                            D. Lamp Pairing for Testing
                                                                                                                                                                 The May 2011 test procedure final rule
                                                 in the index, such as those containing
                                                                                                         IV. Procedural Issues and Regulatory Review             established Appendix Q1 4 to subpart B
                                                 information that is exempt from public
                                                                                                            A. Review Under Executive Order 12866                of 10 CFR part 430. DOE also published
                                                 disclosure, may not be publicly
                                                                                                            B. Review Under the Regulatory Flexibility           final rules establishing and amending
                                                 available.
                                                                                                               Act                                               energy conservation standards for
                                                    A link to the docket Web page can be                    C. Review Under the Paperwork Reduction              fluorescent lamp ballasts on September
                                                 found at: http://www1.eere.energy.gov/                        Act of 1995                                       19, 2000, and November 14, 2011
                                                 buildings/appliance_standards/                             D. Review Under the National                         (hereafter the ‘‘November 2011
                                                 product.aspx/productid/62. This Web                           Environmental Policy Act of 1969                  standards final rule’’), which completed
                                                 page will contain a link to the docket for                 E. Review Under Executive Order 13132
                                                                                                            F. Review Under Executive Order 12988
                                                                                                                                                                 the two energy conservation standard
                                                 this notice on the regulations.gov site.
                                                                                                            G. Review Under the Unfunded Mandates                rulemakings required under 42 U.S.C.
                                                 The regulations.gov Web page will
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                 contain simple instructions on how to                         Reform Act of 1995
                                                                                                                                                                   2 For editorial reasons, upon codification in the
                                                                                                            H. Review Under the Treasury and General
                                                 access all documents, including public                                                                          U.S. Code, Part B was redesignated as Part A.
                                                                                                               Government Appropriations Act, 1999
                                                 comments, in the docket. See section V                     I. Review Under Executive Order 12630
                                                                                                                                                                   3 All references to EPCA refer to the statute as

                                                 for information on how to submit                           J. Review Under Treasury and General                 amended through the Energy Efficiency
                                                 comments through regulations.gov.                                                                               Improvement Act of 2015 (EEIA 2015), Public Law
                                                                                                               Government Appropriations Act, 2001               114–11 (April 30, 2015).
                                                    For further information on how to                       K. Review Under Executive Order 13211                  4 Appendix Q1 was redesignated as Appendix Q
                                                 submit a comment or review other                                                                                in the June 2015 clarification final rule. 80 FR
                                                 public comments and the docket,                           1 International   Electrotechnical Commission.        31971 (June 5, 2015).



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                                                 68276              Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules

                                                 6295(g)(7). 65 FR 56740; 76 FR 70547.                   from BEF to BLE, DOE is proposing to                    represented value of power factor prior
                                                 The November 2011 standards final rule                  replace all instances of BEF with BLE in                to rounding.
                                                 established the regulations located at 10               10 CFR 429.26.
                                                                                                                                                                 D. Lamp Pairing for Testing
                                                 CFR 430.32(m)(8)–(10). DOE also
                                                                                                         B. Rounding Requirements for Ballast                       In the May 2011 test procedure final
                                                 published final rules on February 4,
                                                                                                         Luminous Efficiency                                     rule, DOE specified that ballasts are to
                                                 2015 (hereafter the ‘‘February 2015
                                                 correction final rule’’) and on June 5,                    Currently, rounding requirements are                 be paired with the most common
                                                 2015 (hereafter the ‘‘June 2015                         not provided for the represented value                  wattage lamp and provided a table
                                                 clarification final rule’’) to correct and              of BLE. When developing standards in                    (Table A of appendix Q of subpart B of
                                                 clarify certain requirements and                        the November 2011 standards final rule,                 10 CFR part 430) to indicate which lamp
                                                 specifications in the CFR relating to                   DOE rounded BLE to the thousandths                      should be used with each ballast. 76 FR
                                                 energy conservation standards and test                  place when analyzing the costs and                      25211. Table A lists the ballast
                                                 procedures. 80 FR 5896; 80 FR 31971.                    benefits of the adopted standard. For                   description along with the lamp type
                                                 This rulemaking proposes additional                     consistency with the 2011 standards                     intended for testing. Though ballasts
                                                 requirements in support of the current                  final rule, DOE proposed to specify                     can frequently operate lamps of the
                                                 test procedure.                                         rounding the represented value of BLE                   same diameter but different wattages,
                                                                                                         to the nearest thousandths place in a                   DOE requires testing with only one
                                                 II. Synopsis of the Notice of Proposed                                                                          lamp wattage per ballast. To clarify this
                                                                                                         NOPR proposing clarifications to the
                                                 Rulemaking                                                                                                      requirement, in the January 2015
                                                                                                         test procedures for fluorescent lamp
                                                   In this notice of proposed rulemaking                 ballasts, published on January 6, 2015                  clarification NOPR, DOE proposed to
                                                 (NOPR), DOE proposes several                            (hereafter the ‘‘January 2015                           indicate in section 2.3.1.7 of Appendix
                                                 clarifications to the test procedure                    clarification NOPR’’). 80 FR 404.                       Q that each ballast should be tested with
                                                 requirements for fluorescent lamp                          Regarding this proposal, NEMA                        only one lamp type corresponding to the
                                                 ballasts. DOE is proposing to replace all               commented that rounding to the                          lamp diameter and base type the ballast
                                                 instances of ballast efficacy factor (BEF)              thousandths place is acceptable as long                 is designed and marketed to operate. 80
                                                 with ballast luminous efficiency (BLE)                  as significant figures are handled                      FR 404, 415. For example, a ballast
                                                 in 10 CFR 429.26 and to add rounding                    correctly. (NEMA, No. 30 at p. 3) 5 DOE                 designed and marketed to operate both
                                                 instructions in 10 CFR 429.26 for BLE                   received no further comments on                         32 watt (W) 4-foot medium bipin (MBP)
                                                 and power factor. DOE also proposes to                  rounding BLE. However, DOE                              T8 lamps and 28 W 4-foot MBP T8
                                                 clarify the represented value                           determined that rounding requirements                   lamps should only be tested with the 32
                                                 instructions for power factor. Finally,                 would be more appropriately addressed                   W lamp. DOE also proposed to indicate
                                                 DOE is proposing revisions to Appendix                  in 10 CFR 429.26,6 and thus did not                     in section 2.3.1.5 of Appendix Q that a
                                                 Q to clarify the lamp-ballast pairings for              adopt rounding requirements in the                      ballast designed and marketed to
                                                 testing.                                                June 2015 clarification final rule. In this             operate both T8 and T12 lamps must be
                                                   Manufacturers would be required to                    NOPR, DOE is proposing to amend 10                      tested with T8 lamps. 80 FR at 406. DOE
                                                 comply with the requirements included                   CFR 429.26 by specifying that the                       adopted these proposed clarifications in
                                                 in this rulemaking within 180 days after                represented value of BLE must be                        the June 2015 clarification final rule. 80
                                                 the publication of the final rule.                      rounded to the nearest thousandths                      FR 31971.
                                                 III. Discussion                                         place.                                                     Regarding the proposal in the January
                                                                                                                                                                 2015 clarification NOPR, NEMA
                                                 A. Replacing Ballast Efficacy Factor                    C. Rounding Requirements and                            recommended that DOE also include the
                                                 With Ballast Luminous Efficiency                        Represented Value for Power Factor                      American National Standards Institute
                                                    Manufacturers were previously                           Currently, rounding requirements are                 (ANSI) lamp abbreviations from ANSI
                                                 required to use the test procedure for                  not provided for the represented value                  C78.81 7 in Table A of Appendix Q of
                                                 fluorescent lamp ballasts at 10 CFR part                of power factor. Manufacturers have                     subpart B of 10 CFR part 430. (NEMA,
                                                 430, subpart B, appendix Q to determine                 shown the capability to round to the                    No. 30 at p. 2) DOE did not address this
                                                 compliance with DOE’s standards,                        nearest hundredths place. When                          lamp identification issue in the June
                                                 which were a measurement of BEF. The                    reporting power factor in product                       2015 clarification final rule because
                                                 May 2011 test procedure final rule,                     literature and data sheets, it is standard              DOE wanted to provide opportunity for
                                                 which changed the test procedure to a                   for manufacturers to round to the                       public comment on the proposed
                                                 measurement of BLE, established                         nearest hundredths place. DOE proposes                  incorporation by reference of additional
                                                 appendix Q1 to subpart B of 10 CFR part                 to amend 10 CFR 429.26 by specifying                    industry standards. DOE agrees that
                                                 430 to determine compliance with                        that the power factor must be rounded                   referencing the ANSI and IEC lamp
                                                 DOE’s fluorescent lamp ballast                          to the nearest hundredths place. DOE                    specifications would further clarify the
                                                 standards. 76 FR 25211. On November                     also proposes to add power factor to 10                 lamp pairings used for testing. Section
                                                 14, 2011, DOE issued amended                            CFR 429.26(a)(2)(ii) to clearly indicate                2.3.1.3 of Appendix Q states that the
                                                 standards for fluorescent lamp ballasts                 the requirements for calculating the                    fluorescent lamp used for testing must
                                                 based on BLE and compliance with                                                                                meet the specifications of a reference
                                                 those standards has been required since                    5 A notation in this form provides a reference for   lamp as defined by ANSI C82.13 (IBR
                                                 November 14, 2014. 76 FR 70548. 10                      information that is in the docket of DOE’s              430.3), and ANSI C82.13 states that the
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                                                 CFR 430.32 (m). Because the fluorescent                 rulemaking to develop test procedures for               lamps used must operate at values of
                                                                                                         fluorescent lamp ballasts (Docket No. EERE–2009–        lamp voltage, lamp wattage and lamp
                                                 lamp ballast standards based on BEF are                 BT–TP–0016), which is maintained at
                                                 no longer applicable, the June 2015                     www.regulations.gov. This notation indicates that
                                                                                                                                                                 current, each within 2.5 percent of the
                                                 clarification final rule removed the test               the statement preceding the reference is document       values given in the corresponding lamp
                                                 procedure for BEF at Appendix Q and                     number 30 in the docket for the fluorescent lamp
                                                                                                         ballasts test procedure rulemaking, and appears at        7 ‘‘American National Standard for Electric
                                                 redesignated the Appendix Q1 test                       page 3 of that document.                                Lamps: Double-Capped Fluorescent Lamps—
                                                 procedure for BLE as Appendix Q. 80                        6 The January 2015 clarification NOPR proposed       Dimensional and Electrical Characteristics’’
                                                 FR 31971. To support the transition                     to include rounding requirements at 10 CFR 430.23.      (approved Jan. 14, 2010).



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                                                                     Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules                                            68277

                                                 standards found in ANSI C78.81 and                      with standards and does not change the                 fluorescent lamp ballasts. DOE has
                                                 ANSI C78.901.                                           burden associated with fluorescent lamp                determined that this rule falls into a
                                                    In this NOPR, DOE proposes to add                    ballast regulations on any entity, large               class of actions that are categorically
                                                 the appropriate page number                             or small. Therefore, DOE concludes and                 excluded from review under the
                                                 corresponding to the lamp                               certifies that this rulemaking would not               National Environmental Policy Act of
                                                 specifications in ANSI_ANSLG C78.81–                    have a significant economic impact on                  1969 (42 U.S.C. 4321 et seq.) and DOE’s
                                                 2010 (hereafter ‘‘ANSI C78.81–2010’’),                  a substantial number of small entities.                implementing regulations at 10 CFR part
                                                 ANSI_IEC C78.901–2005 (hereafter                           Accordingly, DOE has not prepared a                 1021. Specifically, this proposed rule
                                                 ‘‘ANSI C78.901–2005’’),8 and IEC 60081                  regulatory flexibility analysis for this               would amend the existing test
                                                 (Amendment 4, Edition 5.0) 9 in                         rulemaking. DOE’s certification and                    procedures without affecting the
                                                 parentheses alongside the contents of                   supporting statement of factual basis                  amount, quality or distribution of
                                                 the Lamp Diameter and Base column of                    will be provided to the Chief Counsel                  energy usage, and, therefore, would not
                                                 Table A of Appendix Q. To support                       for Advocacy of the SBA 10 for review                  result in any environmental impacts.
                                                 these page number references, DOE                       under 5 U.S.C. 605(b). DOE certifies that              Thus, this rulemaking is covered by
                                                 proposes to incorporate by reference IEC                this rule would have no significant                    Categorical Exclusion A5 under 10 CFR
                                                 60081 (Amendment 4, Edition 5.0).                       impact on a substantial number of small                part 1021, subpart D, which applies to
                                                                                                         entities. DOE seeks comment regarding                  any rulemaking that interprets or
                                                 IV. Procedural Issues and Regulatory                    whether the proposed clarifications in                 amends an existing rule without
                                                 Review                                                  this proposed rulemaking would have a                  changing the environmental effect of
                                                 A. Review Under Executive Order 12866                   significant economic impact on any                     that rule. Accordingly, neither an
                                                                                                         small entities.                                        environmental assessment nor an
                                                    The Office of Management and Budget
                                                 (OMB) has determined that test                          C. Review Under the Paperwork                          environmental impact statement is
                                                 procedure rulemakings do not constitute                 Reduction Act of 1995                                  required.
                                                 ‘‘significant regulatory actions’’ under                   Manufacturers of fluorescent lamp                   E. Review Under Executive Order 13132
                                                 section 3(f) of Executive Order 12866,                  ballasts must certify to DOE that their                   Executive Order 13132, ‘‘Federalism,’’
                                                 Regulatory Planning and Review, 58 FR                   products comply with any applicable                    64 FR 43255 (August 4, 1999) imposes
                                                 51735 (Oct. 4, 1993). Accordingly, this                 energy conservation standards. In                      certain requirements on agencies
                                                 action was not subject to review under                  certifying compliance, manufacturers                   formulating and implementing policies
                                                 the Executive Order by the Office of                    must test their products according to the              or regulations that preempt State law or
                                                 Information and Regulatory Affairs                      DOE test procedures for fluorescent                    that have Federalism implications. The
                                                 (OIRA) in the Office of Management and                  lamp ballasts, including any                           Executive Order requires agencies to
                                                 Budget.                                                 amendments adopted for those test                      examine the constitutional and statutory
                                                 B. Review Under the Regulatory                          procedures. DOE has established                        authority supporting any action that
                                                 Flexibility Act                                         regulations for the certification and                  would limit the policymaking discretion
                                                                                                         recordkeeping requirements for all                     of the States and to carefully assess the
                                                    The Regulatory Flexibility Act (5                                                                           necessity for such actions. The
                                                                                                         covered consumer products and
                                                 U.S.C. 601 et se.) requires preparation of                                                                     Executive Order also requires agencies
                                                                                                         commercial equipment, including
                                                 an initial regulatory flexibility analysis                                                                     to have an accountable process to
                                                                                                         fluorescent lamp ballasts. (76 FR 12422
                                                 (IFRA) for any rule that by law must be                                                                        ensure meaningful and timely input by
                                                                                                         (March 7, 2011). The collection-of-
                                                 proposed for public comment, unless                                                                            State and local officials in the
                                                                                                         information requirement for the
                                                 the agency certifies that the rule, if                                                                         development of regulatory policies that
                                                                                                         certification and recordkeeping is
                                                 promulgated, will not have a significant                                                                       have Federalism implications. On
                                                                                                         subject to review and approval by OMB
                                                 economic impact on a substantial                                                                               March 14, 2000, DOE published a
                                                                                                         under the Paperwork Reduction Act
                                                 number of small entities. As required by                                                                       statement of policy describing the
                                                                                                         (PRA). This requirement has been
                                                 Executive Order 13272, ‘‘Proper                                                                                intergovernmental consultation process
                                                                                                         approved by OMB under OMB control
                                                 Consideration of Small Entities in                                                                             it will follow in the development of
                                                                                                         number 1910–1400. Public reporting
                                                 Agency Rulemaking,’’ 67 FR 53461                                                                               such regulations. 65 FR 13735. DOE has
                                                                                                         burden for the certification is estimated
                                                 (August 16, 2002), DOE published                                                                               examined this proposed rule and has
                                                                                                         to average 30 hours per response,
                                                 procedures and policies on February 19,                                                                        determined that it would not have a
                                                                                                         including the time for reviewing
                                                 2003, to ensure that the potential                                                                             substantial direct effect on the States, on
                                                                                                         instructions, searching existing data
                                                 impacts of its rules on small entities are                                                                     the relationship between the national
                                                                                                         sources, gathering and maintaining the
                                                 properly considered during the DOE                                                                             government and the States, or on the
                                                                                                         data needed, and completing and
                                                 rulemaking process. 68 FR 7990. DOE                                                                            distribution of power and
                                                                                                         reviewing the collection of information.
                                                 has made its procedures and policies                       Notwithstanding any other provision                 responsibilities among the various
                                                 available on the Office of the General                  of the law, no person is required to                   levels of government. EPCA governs and
                                                 Counsel’s Web site: http://energy.gov/                  respond to, nor shall any person be                    prescribes Federal preemption of State
                                                 gc/office-general-counsel.                              subject to a penalty for failure to comply             regulations as to energy conservation for
                                                    This rulemaking clarifies existing                                                                          the products that are the subject of this
                                                                                                         with, a collection of information subject
                                                 requirements for testing and compliance                                                                        proposed rule. States can petition DOE
                                                                                                         to the requirements of the PRA, unless
                                                                                                         that collection of information displays a              for exemption from such preemption to
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                                                   8 ‘‘American National Standard for Electric

                                                 Lamps—Single-Based Fluorescent Lamps—                   currently valid OMB Control Number.                    the extent, and based on criteria, set
                                                 Dimensional and Electrical Characteristics’’                                                                   forth in EPCA. (42 U.S.C. 6297(d)) No
                                                                                                         D. Review Under the National
                                                 (approved Mar. 23, 2005).                                                                                      further action is required by Executive
                                                   9 ANSI C78.81 directs readers to IEC 60081 for        Environmental Policy Act of 1969
                                                                                                                                                                Order 13132.
                                                 lamp specifications for T5 miniature bipin lamps.         In this proposed rule, DOE proposes
                                                 IEC 60081 refers to ‘‘International Electrotechnical
                                                                                                         revisions to test procedures for                       F. Review Under Executive Order 12988
                                                 Commission Double-capped fluorescent lamps—
                                                 Performance specifications’’ (approved Feb. 18,                                                                  Regarding the review of existing
                                                 2010).                                                    10 Small   Business Administration.                  regulations and the promulgation of


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                                                 68278              Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules

                                                 new regulations, section 3(a) of                        that might significantly or uniquely                  prepare and submit to OMB, a
                                                 Executive Order 12988, ‘‘Civil Justice                  affect small governments. On March 18,                Statement of Energy Effects for any
                                                 Reform,’’ 61 FR 4729 (Feb. 7, 1996),                    1997, DOE published a statement of                    proposed significant energy action. A
                                                 imposes on Federal agencies the general                 policy on its process for                             ‘‘significant energy action’’ is defined as
                                                 duty to adhere to the following                         intergovernmental consultation under                  any action by an agency that
                                                 requirements: (1) Eliminate drafting                    UMRA. 62 FR 12820; also available at                  promulgated or is expected to lead to
                                                 errors and ambiguity; (2) write                         http://energy.gov/gc/office-general-                  promulgation of a final rule, and that:
                                                 regulations to minimize litigation; (3)                 counsel. DOE examined today’s                         (1) Is a significant regulatory action
                                                 provide a clear legal standard for                      proposed rule according to UMRA and                   under Executive Order 12866, or any
                                                 affected conduct rather than a general                  its statement of policy and determined                successor order; and (2) is likely to have
                                                 standard; and (4) promote simplification                that the rule contains neither an                     a significant adverse effect on the
                                                 and burden reduction. Section 3(b) of                   intergovernmental mandate, nor a                      supply, distribution, or use of energy; or
                                                 Executive Order 12988 specifically                      mandate that may result in the                        (3) is designated by the Administrator of
                                                 requires that Executive agencies make                   expenditure of $100 million or more in                OIRA as a significant energy action. For
                                                 every reasonable effort to ensure that the              any year, so these requirements do not                any proposed significant energy action,
                                                 regulation: (1) Clearly specifies the                   apply.                                                the agency must give a detailed
                                                 preemptive effect, if any; (2) clearly                                                                        statement of any adverse effects on
                                                 specifies any effect on existing Federal                H. Review Under the Treasury and                      energy supply, distribution, or use
                                                 law or regulation; (3) provides a clear                 General Government Appropriations                     should the proposal be implemented,
                                                 legal standard for affected conduct                     Act, 1999                                             and of reasonable alternatives to the
                                                 while promoting simplification and                        Section 654 of the Treasury and                     action and their expected benefits on
                                                 burden reduction; (4) specifies the                     General Government Appropriations                     energy supply, distribution, and use.
                                                 retroactive effect, if any; (5) adequately              Act, 1999 (Pub. L. 105–277) requires                     This regulatory action to clarify test
                                                 defines key terms; and (6) addresses                    Federal agencies to issue a Family                    procedures for measuring the energy
                                                 other important issues affecting clarity                Policymaking Assessment for any rule                  efficiency of fluorescent lamp ballasts is
                                                 and general draftsmanship under any                     that may affect family well-being. This               not a significant regulatory action under
                                                 guidelines issued by the Attorney                       rule would not have any impact on the                 Executive Order 12866. Moreover, it
                                                 General. Section 3(c) of Executive Order                autonomy or integrity of the family as                would not have a significant adverse
                                                 12988 requires Executive agencies to                    an institution. Accordingly, DOE has                  effect on the supply, distribution, or use
                                                 review regulations in light of applicable               concluded that it is not necessary to                 of energy, nor has it been designated as
                                                 standards in sections 3(a) and 3(b) to                  prepare a Family Policymaking                         a significant energy action by the
                                                 determine whether they are met or it is                 Assessment.                                           Administrator of OIRA. Therefore, it is
                                                 unreasonable to meet one or more of                                                                           not a significant energy action, and,
                                                 them. DOE has completed the required                    I. Review Under Executive Order 12630                 accordingly, DOE has not prepared a
                                                 review and determined that, to the                         DOE has determined, under Executive                Statement of Energy Effects.
                                                 extent permitted by law, the proposed                   Order 12630, ‘‘Governmental Actions
                                                                                                                                                               L. Review Under Section 32 of the
                                                 rule meets the relevant standards of                    and Interference with Constitutionally
                                                                                                                                                               Federal Energy Administration Act of
                                                 Executive Order 12988.                                  Protected Property Rights’’ 53 FR 8859                1974
                                                                                                         (March 18, 1988), that this regulation
                                                 G. Review Under the Unfunded                                                                                     Under section 301 of the Department
                                                                                                         would not result in any takings that
                                                 Mandates Reform Act of 1995                                                                                   of Energy Organization Act (Pub. L. 95–
                                                                                                         might require compensation under the
                                                   Title II of the Unfunded Mandates                     Fifth Amendment to the U.S.                           91; 42 U.S.C. 7101), DOE must comply
                                                 Reform Act of 1995 (UMRA) requires                      Constitution.                                         with section 32 of the Federal Energy
                                                 each Federal agency to assess the effects                                                                     Administration Act of 1974, as amended
                                                 of Federal regulatory actions on State,                 J. Review Under Treasury and General                  by the Federal Energy Administration
                                                 local, and Tribal governments and the                   Government Appropriations Act, 2001                   Authorization Act of 1977. (15 U.S.C.
                                                 private sector. Public Law 104–4, sec.                     Section 515 of the Treasury and                    788; FEAA) Section 32 essentially
                                                 201 (codified at 2 U.S.C. 1531). For a                  General Government Appropriations                     provides in relevant part that, where a
                                                 proposed regulatory action likely to                    Act, 2001 (44 U.S.C. 3516 note) provides              proposed rule authorizes or requires use
                                                 result in a rule that may cause the                     for agencies to review most                           of commercial standards, the notice of
                                                 expenditure by State, local, and Tribal                 disseminations of information to the                  proposed rulemaking must inform the
                                                 governments, in the aggregate, or by the                public under guidelines established by                public of the use and background of
                                                 private sector of $100 million or more                  each agency pursuant to general                       such standards. In addition, section
                                                 in any one year (adjusted annually for                  guidelines issued by OMB. OMB’s                       32(c) requires DOE to consult with the
                                                 inflation), section 202 of UMRA requires                guidelines were published at 67 FR                    Attorney General and the Chairman of
                                                 a Federal agency to publish a written                   8452 (Feb. 22, 2002), and DOE’s                       the Federal Trade Commission (FTC)
                                                 statement that estimates the resulting                  guidelines were published at 67 FR                    concerning the impact of the
                                                 costs, benefits, and other effects on the               62446 (Oct. 7, 2002). DOE has reviewed                commercial or industry standards on
                                                 national economy. (2 U.S.C. 1532(a), (b))               this proposed rule under the OMB and                  competition.
                                                 The UMRA also requires a Federal                        DOE guidelines and has concluded that                    The proposed rule would incorporate
                                                 agency to develop an effective process                  it is consistent with applicable policies             testing methods contained in the
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                                                 to permit timely input by elected                       in those guidelines.                                  following commercial standards: ANSI
                                                 officers of State, local, and Tribal                                                                          C78.901–2005, ‘‘American National
                                                 governments on a proposed ‘‘significant                 K. Review Under Executive Order 13211                 Standard for Electric Lamps—Single-
                                                 intergovernmental mandate,’’ and                          Executive Order 13211, ‘‘Actions                    Based Fluorescent Lamps—Dimensional
                                                 requires an agency plan for giving notice               Concerning Regulations That                           and Electrical Characteristics’’ and IEC
                                                 and opportunity for timely input to                     Significantly Affect Energy Supply,                   60081, ‘‘International Electrotechnical
                                                 potentially affected small governments                  Distribution, or Use,’’ 66 FR 28355 (May              Commission Double-capped fluorescent
                                                 before establishing any requirements                    22, 2001), requires Federal agencies to               lamps—Performance specifications’’


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                                                                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules                                          68279

                                                 (Amendment 4, Edition 5). The                           information that you do not want to be                they should carry the electronic
                                                 Department has evaluated these                          publicly viewable should not be                       signature of the author.
                                                 standards and is unable to conclude                     included in your comment, nor in any                     Campaign form letters. Please submit
                                                 whether they fully comply with the                      document attached to your comment.                    campaign form letters by the originating
                                                 requirements of section 32(b) of the                    Persons viewing comments will see only                organization in batches of between 50 to
                                                 FEAA, (i.e., that they were developed in                first and last names, organization                    500 form letters per PDF or as one form
                                                 a manner that fully provides for public                 names, correspondence containing                      letter with a list of supporters’ names
                                                 participation, comment, and review).                    comments, and any documents                           compiled into one or more PDFs. This
                                                 DOE will consult with the Attorney                      submitted with the comments.                          reduces comment processing and
                                                 General and the Chairman of the FTC                        Do not submit to regulations.gov                   posting time.
                                                 concerning the impact of these test                     information for which disclosure is                      Confidential Business Information.
                                                 procedures on competition, prior to                     restricted by statute, such as trade                  According to 10 CFR 1004.11, any
                                                 prescribing a final rule.                               secrets and commercial or financial                   person submitting information that he
                                                                                                         information (hereinafter referred to as               or she believes to be confidential and
                                                 M. Description of Standards                                                                                   exempt by law from public disclosure
                                                                                                         Confidential Business Information
                                                 Incorporated by Reference                                                                                     should submit via email, postal mail, or
                                                                                                         (CBI)). Comments submitted through
                                                    In this NOPR, DOE proposes to                        regulations.gov cannot be claimed as                  hand delivery two well-marked copies:
                                                 incorporate by reference the test                       CBI. Comments received through the                    One copy of the document marked
                                                 standard published by IEC, titled                       Web site will waive any CBI claims for                confidential including all the
                                                 ‘‘International Electrotechnical                        the information submitted. For                        information believed to be confidential,
                                                 Commission Double-capped fluorescent                    information on submitting CBI, see the                and one copy of the document marked
                                                 lamps—Performance specifications,’’                     Confidential Business Information                     non-confidential with the information
                                                 IEC 60081 Amendment 4 Edition 5.0.                      section.                                              believed to be confidential deleted.
                                                 IEC 60081 is an industry accepted                          DOE processes submissions made                     Submit these documents via email or on
                                                 standard that specifies dimensional and                 through regulations.gov before posting.               a CD, if feasible. DOE will make its own
                                                 electrical characteristics related to                   Normally, comments will be posted                     determination about the confidential
                                                 fluorescent lamps (specifically T5                      within a few days of being submitted.                 status of the information and treat it
                                                 lamps) and is applicable to products                    However, if large volumes of comments                 according to its determination.
                                                 sold in North America. The description                  are being processed simultaneously,                      Factors of interest to DOE when
                                                 of lamp-ballast pairings for testing                    your comment may not be viewable for                  evaluating requests to treat submitted
                                                 proposed in this NOPR references IEC                    up to several weeks. Please keep the                  information as confidential include: (1)
                                                 60081. IEC 60081 is readily available on                comment tracking number that                          A description of the items; (2) whether
                                                 IEC’s Web site at https://                              regulations.gov provides after you have               and why such items are customarily
                                                 webstore.iec.ch/.                                       successfully uploaded your comment.                   treated as confidential within the
                                                                                                            Submitting comments via email, hand                industry; (3) whether the information is
                                                 V. Public Participation                                                                                       generally known by or available from
                                                                                                         delivery, or mail. Comments and
                                                 A. Submission of Comments                               documents submitted via email, hand                   other sources; (4) whether the
                                                                                                         delivery, or mail also will be posted to              information has previously been made
                                                    DOE will accept comments, data, and                                                                        available to others without obligation
                                                 information regarding this proposed                     regulations.gov. If you do not want your
                                                                                                         personal contact information to be                    concerning its confidentiality; (5) an
                                                 rule no later than the date provided in                                                                       explanation of the competitive injury to
                                                 the DATES section at the beginning of                   publicly viewable, do not include it in
                                                                                                         your comment or any accompanying                      the submitting person which would
                                                 this proposed rule. Interested parties                                                                        result from public disclosure; (6) when
                                                 may submit comments using any of the                    documents. Instead, provide your
                                                                                                         contact information on a cover letter.                such information might lose its
                                                 methods described in the ADDRESSES                                                                            confidential character due to the
                                                 section at the beginning of this                        Include your first and last names, email
                                                                                                         address, telephone number, and                        passage of time; and (7) why disclosure
                                                 document.                                                                                                     of the information would be contrary to
                                                    Submitting comments via                              optional mailing address. The cover
                                                                                                         letter will not be publicly viewable as               the public interest.
                                                 regulations.gov. The regulations.gov                                                                             It is DOE’s policy that all comments
                                                 Web page will require you to provide                    long as it does not include any
                                                                                                                                                               may be included in the public docket,
                                                 your name and contact information.                      comments.
                                                                                                                                                               without change and as received,
                                                 Your contact information will be                           Include contact information each time              including any personal information
                                                 viewable to DOE Building Technologies                   you submit comments, data, documents,                 provided in the comments (except
                                                 staff only. Your contact information will               and other information to DOE. If you                  information deemed to be exempt from
                                                 not be publicly viewable except for your                submit via mail or hand delivery, please              public disclosure).
                                                 first and last names, organization name                 provide all items on a CD, if feasible. It
                                                 (if any), and submitter representative                  is not necessary to submit printed                    B. Issues on Which DOE Seeks Comment
                                                 name (if any). If your comment is not                   copies. No facsimiles (faxes) will be                   Although DOE welcomes comments
                                                 processed properly because of technical                 accepted.                                             on any aspect of this proposal, DOE is
                                                 difficulties, DOE will use this                            Comments, data, and other                          particularly interested in receiving
                                                 information to contact you. If DOE                      information submitted to DOE                          comments and views of interested
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                                                 cannot read your comment due to                         electronically should be provided in                  parties concerning the proposed
                                                 technical difficulties and cannot contact               PDF (preferred), Microsoft Word or                    clarification regarding rounding and
                                                 you for clarification, DOE may not be                   Excel, WordPerfect, or text (ASCII) file              lamp pairing for testing.
                                                 able to consider your comment.                          format. Provide documents that are not
                                                    However, your contact information                    secured, written in English and free of               VI. Approval of the Office of the
                                                 will be publicly viewable if you include                any defects or viruses. Documents                     Secretary
                                                 it in the comment or in any documents                   should not contain special characters or                The Secretary of Energy has approved
                                                 attached to your comment. Any                           any form of encryption and, if possible,              publication of this proposed rule.


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                                                 68280              Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules

                                                 List of Subjects                                            Authority: 42 U.S.C. 6291–6317.                             Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
                                                                                                         ■ 2. Section 429.26 is amended by                             2461 note.
                                                 10 CFR Part 429                                         revising paragraphs (a)(2)(ii) and (b)(2)
                                                                                                         and adding paragraph (c) to read as                           ■  4. Section 430.3 is amended by:
                                                   Confidential business information,
                                                 Energy conservation, household                          follows:                                                      ■  a. Adding in paragraph (e)(7) the text
                                                 appliances, Imports, Reporting and                                                                                    ‘‘, appendix Q’’ after the text ‘‘§ 430.2’’;
                                                                                                         § 429.26      Fluorescent lamp ballasts.
                                                 recordkeeping requirements.                                                                                           ■ b. Redesignating paragraphs (p)(2)
                                                                                                            (a) * * *
                                                 10 CFR Part 430                                            (2) * * *                                                  through (p)(4) as paragraphs (p)(3)
                                                                                                            (ii) Any represented value of the                          through (p)(5) respectively; and
                                                   Administrative practice and                           ballast luminous efficiency, power                            ■ c. Adding paragraph (p)(2) to read as
                                                 procedure, Confidential business                        factor, or other measure of the energy                        follows:
                                                 information, Energy conservation,                       consumption of a basic model for which
                                                 Household appliances, Imports,                          consumers would favor a higher value                          § 430.3 Materials incorporated by
                                                 Incorporation by reference,                             shall be less than or equal to the lower                      reference.
                                                 Intergovernmental relations, Small                      of:                                                           *      *    *    *    *
                                                 businesses.                                             *       *    *    *     *                                        (p) * * *
                                                   Issued in Washington, DC, on October 27,                 (b) * * *
                                                 2015.                                                      (2) Pursuant to § 429.12(b)(13), a                            (2) IEC Standard 60081 (‘‘IEC 60081’’),
                                                 Kathleen B. Hogan,                                      certification report shall include the                        Double-capped fluorescent lamps—
                                                 Deputy Assistant Secretary for Energy                   following public product-specific                             Performance specifications.
                                                 Efficiency, Energy Efficiency and Renewable             information: the ballast luminous                             (Amendment 4, Edition 5.0, 2010–02);
                                                 Energy.                                                 efficiency, the ballast power factor, the                     IBR approved for appendix Q to subpart
                                                   For the reasons stated in the                         number of lamps operated by the                               B.
                                                 preamble, DOE is proposing to amend                     ballast, and the type of lamps operated                       *      *    *    *    *
                                                 parts 429 and 430 of Chapter II,                        by the ballast.
                                                                                                            (c) Rounding Requirements.                                 ■ 5. Appendix Q to subpart B of part
                                                 Subchapter D, of Title 10, Code of
                                                                                                            (1) Round ballast luminous efficiency                      430 is amended by revising Table A as
                                                 Federal Regulations, as set forth below:
                                                                                                         to the nearest thousandths place.                             follows:
                                                 PART 429—CERTIFICATION,                                    (2) Round power factor to the nearest                      Appendix Q to Subpart B of Part 430—
                                                 COMPLIANCE, AND ENFORCEMENT                             hundredths place.                                                Uniform Test Method for Measuring
                                                 FOR CONSUMER PRODUCTS AND                               PART 430—ENERGY CONSERVATION                                     the Energy Consumption of
                                                 COMMERCIAL AND INDUSTRIAL                               PROGRAM FOR CONSUMER                                             Fluorescent Lamp Ballasts
                                                 EQUIPMENT                                               PRODUCTS                                                      *      *    *    *    *
                                                 ■ 1. The authority citation for Part 429                ■ 3. The authority citation for Part 430
                                                 continues to read as follows:                           continues to read as follows:

                                                                           TABLE A—LAMP-AND-BALLAST PAIRINGS AND FREQUENCY ADJUSTMENT FACTORS
                                                                                                                                    Lamp type                                    Frequency adjustment factor (b)
                                                                    Ballast type                                                                           Nominal lamp
                                                                                                               Lamp diameter and base                                           Low-frequency       High-frequency
                                                                                                                                                             wattage

                                                 Ballasts that operate straight-shaped lamps             T8 MBP (Data Sheet 7881–ANSI–                                 32                  0.94                    1.0
                                                   (commonly referred to as 4-foot medium                  1005–2) *.
                                                   bipin lamps) with medium bipin bases and a
                                                   nominal overall length of 48 inches.
                                                                                                         T12 MBP (Data Sheet 7881–                                     34                  0.93                    1.0
                                                                                                           ANSI–1006–1) *.
                                                 Ballasts that operate U-shaped lamps (com-              T8 MBP (Data Sheet 78901–                                     32                  0.94                    1.0
                                                   monly referred to as 2-foot U-shaped lamps)             ANSI–4027–1) *.
                                                   with medium bipin bases and a nominal
                                                   overall length between 22 and 25 inches.
                                                                                                         T12 MBP * * ..................................                34                  0.93                    1.0
                                                 Ballasts that operate rapid-start lamps (com-           T8 HO RDC (Data Sheet 7881–                                   86                  0.92                    1.0
                                                   monly referred to as 8-foot-high output                 ANSI–1501–1) *.
                                                   lamps) with recessed double contact bases
                                                   and a nominal overall length of 96 inches.
                                                                                                         T12 HO RDC (Data Sheet 7881–                                  95                  0.94                    1.0
                                                                                                           ANSI–1017–1) *.
                                                 Ballasts that operate instant-start lamps (com-         T8 slimline SP (Data Sheet 7881–                              59                  0.95                    1.0
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                                                   monly referred to as 8-foot slimline lamps)             ANSI–1505–1) *.
                                                   with single pin bases and a nominal overall
                                                   length of 96 inches.
                                                                                                         T12 slimline SP (Data Sheet                                   60                  0.94                    1.0
                                                                                                           7881–ANSI–3006–1) *.




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                                                                    Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Proposed Rules                                               68281

                                                                   TABLE A—LAMP-AND-BALLAST PAIRINGS AND FREQUENCY ADJUSTMENT FACTORS—Continued
                                                                                                                                Lamp type                                Frequency adjustment factor (b)
                                                                    Ballast type                                                                   Nominal lamp
                                                                                                               Lamp diameter and base                                   Low-frequency       High-frequency
                                                                                                                                                     wattage

                                                 Ballasts that operate straight-shaped lamps             T5 SO Mini-BP (Data             Sheet                 28                  0.95                    1.0
                                                   (commonly referred to as 4-foot miniature               60081–IEC–6640–5) *.
                                                   bipin standard output lamps) with miniature
                                                   bipin bases and a nominal length between
                                                   45 and 48 inches.
                                                 Ballasts that operate straight-shaped lamps             T5 HO Mini-BP (Data             Sheet                 54                  0.95                    1.0
                                                   (commonly referred to as 4-foot miniature               60081–IEC–6840–4) *.
                                                   bipin high output lamps) with miniature bipin
                                                   bases and a nominal length between 45
                                                   and 48 inches.
                                                 Sign ballasts that operate rapid-start lamps            T8 HO RDC (Data Sheet 7881–                           86                  0.92                    1.0
                                                   (commonly referred to as 8-foot high output             ANSI–1501–1) *.
                                                   lamps) with recessed double contact bases
                                                   and a nominal overall length of 96 inches.
                                                                                                         T12 HO RDC (Data Sheet 7881–                       110 †                  0.94                    1.0
                                                                                                           ANSI–1019–1) *.
                                                   MBP, Mini-BP, RDC, and SP represent medium bipin, miniature bipin, recessed double contact, and single pin, respectively.
                                                   A ballast must be tested with only one lamp type based on the ballast type description and lamp diameter it is designed and marketed to oper-
                                                 ate.
                                                    * Data Sheet corresponds to ANSI C78.81, ANSI C78.901, or IEC 60081 page number (incorporated by reference; see § 430.3).
                                                    ** No ANSI or IEC Data Sheet exists for 34 W T12 MBP U-shaped lamps. For ballasts designed to operate only T12 2-foot U-shaped lamps
                                                 with MBP bases and a nominal overall length between 22 and 25 inches, manufacturers should select a T12 U-shaped lamp designed and mar-
                                                 keted as having a nominal wattage of 34 W.
                                                   † Lamp type is commonly marketed as 110 W, however the ANSI C78.81 Data Sheet (incorporated by reference; see § 430.3) lists nominal
                                                 wattage of 113 W. Specifications for operation at 0.800 amperes (A) should be used for testing.


                                                 *      *     *       *      *                           DATES:  Send your comments on or                      on April 11, 2000 (65 FR 19477–19478),
                                                 [FR Doc. 2015–28077 Filed 11–3–15; 8:45 am]             before December 21, 2015.                             as well as at http://DocketsInfo.dot.gov.
                                                 BILLING CODE 6450–01–P                                  ADDRESSES: Send comments identified                     Docket: Background documents or
                                                                                                         by docket number FAA–2015–5034                        comments received may be read at
                                                                                                         using any of the following methods:                   http://www.regulations.gov at any time.
                                                 DEPARTMENT OF TRANSPORTATION                              b Federal eRegulations Portal: Go to                Follow the online instructions for
                                                                                                         http://www.regulations.gov and follow                 accessing the docket or go to the Docket
                                                 Federal Aviation Administration                         the online instructions for sending your              Operations in Room W12–140 of the
                                                                                                         comments electronically.                              West Building Ground Floor at 1200
                                                 14 CFR Part 23                                            b Mail: Send comments to Docket                     New Jersey Avenue SE., Washington,
                                                                                                         Operations, M–30, U.S. Department of                  DC, between 9 a.m., and 5 p.m., Monday
                                                 [Docket No. FAA–2015–5034; Notice No. 23–               Transportation (DOT), 1200 New Jersey                 through Friday, except Federal holidays.
                                                 15–01–SC]
                                                                                                         Avenue SE., Room W12–140, West                        FOR FURTHER INFORMATION CONTACT:
                                                 Special Conditions: Kestrel Aircraft                    Building Ground Floor, Washington, DC                 Ruth Hirt, Federal Aviation
                                                 Company, Model K–350 Turboprop,                         20590–0001.                                           Administration, Small Airplane
                                                 Lithium Batteries                                         b Hand Delivery or Courier: Take                    Directorate, Aircraft Certification
                                                                                                         comments to Docket Operations in                      Service, 901 Locust; Kansas City,
                                                 AGENCY: Federal Aviation                                Room W12–140 of the West Building                     Missouri 64106; telephone (816) 329–
                                                 Administration (FAA), DOT.                              Ground Floor at 1200 New Jersey                       4108; facsimile (816) 329–4090.
                                                 ACTION: Notice of proposed special                      Avenue SE., Washington, DC, between 9                 SUPPLEMENTARY INFORMATION:
                                                 conditions.                                             a.m., and 5 p.m., Monday through
                                                                                                         Friday, except Federal holidays.                      Comments Invited
                                                 SUMMARY:   This action proposes special                   b Fax: Fax comments to Docket                          We invite interested people to take
                                                 conditions for the Kestrel Aircraft                     Operations at 202–493–2251.                           part in this rulemaking by sending
                                                 Company, Model K–350 Turboprop                            Privacy: The FAA will post all                      written comments, data, or views. The
                                                 airplane. This airplane will have a novel               comments it receives, without change,                 most helpful comments reference a
                                                 or unusual design feature associated                    to http://regulations.gov, including any              specific portion of the special
                                                 with the installation of a rechargeable                 personal information the commenter                    conditions, explain the reason for any
                                                 lithium battery. The applicable                         provides. Using the search function of                recommended change, and include
                                                 airworthiness regulations do not contain                the docket Web site, anyone can find                  supporting data. We ask that you send
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                                                 adequate or appropriate safety standards                and read the electronic form of all                   us two copies of written comments.
                                                 for this design feature. These proposed                 comments received into any FAA                           We will consider all comments we
                                                 special conditions contain the                          docket, including the name of the                     receive on or before the closing date for
                                                 additional safety standards that the                    individual sending the comment (or                    comments. We will consider comments
                                                 Administrator considers necessary to                    signing the comment for an association,               filed late if it is possible to do so
                                                 establish a level of safety equivalent to               business, labor union, etc.). DOT’s                   without incurring expense or delay. We
                                                 that established by the existing                        complete Privacy Act Statement can be                 may change these special conditions
                                                 airworthiness standards.                                found in the Federal Register published               based on the comments we receive.


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Document Created: 2018-03-01 11:27:40
Document Modified: 2018-03-01 11:27:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesDOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than January 4, 2016. See section V, ``Public Participation,'' for details.
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected]
FR Citation80 FR 68274 
RIN Number1904-AD58
CFR Citation10 CFR 429
10 CFR 430
CFR AssociatedConfidential Business Information; Energy Conservation; Household Appliances; Imports; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Household Appliances; Incorporation by Reference; Intergovernmental Relations and Small Businesses

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