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Proposed Rule2023-06265

Energy Conservation Program: Energy Conservation Standards for Fluorescent Lamp Ballasts

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Published

March 27, 2023

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") is initiating an effort to determine whether to amend the current energy conservation standards for fluorescent lamp ballasts ("FLB"). Under the Energy Policy and Conservation Act, as amended, DOE must review these standards no later than three years after making a determination that standards for the product do not need to be amended and publish either a notice of proposed rulemaking ("NOPR") to propose new standards for FLB or a notification of determination that the existing standards do not need to be amended. DOE is soliciting the public for information to help determine whether the current standards require amending under the applicable statutory criteria. DOE welcomes written comments from the public on any subject within the scope of this document, including topics not specifically raised.

Full Text

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<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
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[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Proposed Rules]
[Pages 18086-18098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06265]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2023-BT-STD-0005]
RIN 1904-AF51

Energy Conservation Program: Energy Conservation Standards for
Fluorescent Lamp Ballasts

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

ACTION: Request for information.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') is initiating an
effort to determine whether to amend the current energy conservation
standards for fluorescent lamp ballasts (``FLB''). Under the Energy
Policy and Conservation Act, as amended, DOE must review these
standards no later than three years after making a determination that
standards for the product do not need to be amended and publish either
a notice of proposed rulemaking (``NOPR'') to propose new standards for
FLB or a notification of determination that the existing standards do
not need to be amended. DOE is soliciting the public for information to
help determine whether the current standards require amending under the
applicable statutory criteria. DOE welcomes written comments from the
public on any subject within the scope of this document, including
topics not specifically raised.

DATES: Written comments and information are requested and will be
accepted on or before April 26, 2023.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2023-BT-STD-0005. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments may
submit comments, identified by docket number EERE-2023-BT-STD-0005, by
any of the following methods:
Email: <a href="/cdn-cgi/l/email-protection#7f39333d4d4f4d4c2c2b3b4f4f4f4a3f1a1a511b101a51181009">[email&#160;protected]</a>. Include the docket number EERE-
2023-BT-STD-0005 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 950 L'Enfant
Plaza, SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some
documents listed in the index, such as those containing information
that is exempt from public disclosure, may not be publicly available.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2023-BT-STD-0005">www.regulations.gov/docket/EERE-2023-BT-STD-0005</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section III for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-0371. Email: <a href="/cdn-cgi/l/email-protection#3e7f4e4e52575f505d5b6d4a5f505a5f4c5a4d6f4b5b4d4a5751504d7e5b5b105a515b10595148">[email&#160;protected]</a>.
Mr. Nolan Brickwood, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-4498. Email:
<a href="/cdn-cgi/l/email-protection#7d3312111c13533f0f141e160a1212193d150c53191218531a120b">[email&#160;protected]</a>.
For further information on how to submit a comment, or review other
public comments and the docket contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#19586969757078777a7c4a6d78777d786b7d6a486c7c6a6d7076776a597c7c377d767c377e766f">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
A. Authority and Background
B. Deviation From Appendix A
II. Request for Information and Comments
A. Products Covered by This Process
B. Market and Technology Assessment
1. Product Classes
2. Technology Assessment
C. Screening Analysis
D. Engineering Analysis
1. Efficiency Analysis
2. Cost Analysis
E. Energy Use Analysis
1. Operating Hours
2. Lamp Mixture
F. Life-Cycle Cost and Payback Analysis
1. Installation Costs
2. Repair and Maintenance Costs
3. Efficiency Distributions
4. Product Lifetimes
G. Shipments
H. National Impact Analysis
I. Manufacturer Impact Analysis
III. Submission of Comments

I. Introduction

A. Authority and Background

The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles.
These products include fluorescent lamp ballasts (``FLBs''), the
subject of this document. (42 U.S.C. 6292(a)(13)) EPCA prescribed
energy conservation standards for these products and directed DOE to
conduct two cycles of rulemakings to determine whether to amend these
standards. (42 U.S.C. 6295(g)(7)(A)-(B))
---------------------------------------------------------------------------

\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------

The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions

[[Page 18087]]

(42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions
(42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and
the authority to require information and reports from manufacturers (42
U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption for particular State laws or regulations, in accordance with
the procedures and other provisions set forth under EPCA. (42 U.S.C.
6297(d))
EPCA also requires that, not later than 6 years after the issuance
of any final rule establishing or amending a standard, DOE evaluate the
energy conservation standards for each type of covered product,
including those at issue here, and publish either a notification of
determination that the standards do not need to be amended, or a NOPR
that includes new proposed energy conservation standards (proceeding to
a final rule, as appropriate). (42 U.S.C. 6295(m)(1)) If DOE determines
not to amend a standard based on the statutory criteria, not later than
3 years after the issuance of a final determination not to amend
standards, DOE must publish either a notification of determination that
standards for the product do not need to be amended, or a NOPR
including new proposed energy conservation standards (proceeding to a
final rule, as appropriate). (42 U.S.C. 6295(m)(3)(B)) DOE must make
the analysis on which a determination is based publicly available and
provide an opportunity for written comment. (42 U.S.C. 6295(m)(2))
DOE completed the first of the two statutorily-required rulemaking
cycles in 2000 by publishing amended performance standards for FLBs
manufactured on or after April 1, 2005. 65 FR 56740 (September 19,
2000) (Setting amended standards to apply starting on April 1, 2005.)
On October 18, 2005, DOE published a final rule codifying the new FLB
standards established in the Energy Policy Act of 2005 (``EPACT 2005'')
section 135(c)(2) into the CFR at 10 CFR 430.32(m). 70 FR 60407.
Additionally, DOE completed a second rulemaking cycle to amend the
standards for FLBs by publishing a final rule in 2011. 76 FR 70548
(November 14, 2011). DOE completed a third rulemaking cycle for FLBs by
publishing a final determination to not amend standards in 2020
(``December 2020 Final Determination''). 85 FR 81558 (December 16,
2020). The current energy conservation standards are located in title
10 of the Code of Federal Regulations (``CFR'') part 430, section
32(m). The currently applicable DOE test procedures for FLBs appear at
10 CFR part 430, subpart B, appendix Q.
DOE is publishing this RFI to collect data and information to
inform its decision of whether to amend standards for FLBs consistent
with its obligations under EPCA.

B. Deviation From Appendix A

In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), DOE notes that it is deviating from the
provision in appendix A regarding the pre-NOPR stages for an energy
conservation standards rulemaking. Section 6(d)(2) of appendix A states
that the public comment period for pre-NOPR rulemaking documents will
vary depending upon the circumstances of the particular rulemaking but
will not be less than 75 calendar days. However, DOE finds it
appropriate to deviate from this provision by specifying a public
comment period of 30 days for this RFI. As noted, the December 2020
Final Determination was published on December 16, 2020. 85 FR 81558.
The methodologies and information upon which DOE seeks comment in this
RFI are based on the analysis conducted for the December 2020 Final
Determination. Because stakeholders are familiar with the subjects
covered in this RFI through the December 2020 Final Determination, and
are therefore not reviewing new information, DOE has determined that 30
days is an appropriate period for providing comments.

II. Request for Information and Comments

In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether amended standards for FLBs may be
warranted.
DOE must follow specific statutory criteria for prescribing new or
amended standards for covered products. Under EPCA, DOE may not adopt
any standard that would not result in the significant conservation of
energy. (42 U.S.C. 6295(o)(3)(B)) Furthermore, EPCA requires that any
new or amended energy conservation standard prescribed by the Secretary
of Energy (``Secretary'') be designed to achieve the maximum
improvement in energy or water efficiency that is technologically
feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) To
determine whether a standard is economically justified, EPCA requires
that DOE determine whether the benefits of the standard exceed its
burdens by considering, to the greatest extent practicable, the
following seven factors:

(1) The economic impact of the standard on the manufacturers and
consumers of the affected products;
(2) The savings in operating costs throughout the estimated
average life of the product compared to any increases in the initial
cost, or maintenance expenses;
(3) The total projected amount of energy and water (if
applicable) savings likely to result directly from the standard;
(4) Any lessening of the utility or the performance of the
products likely to result from the standard;
(5) The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
(6) The need for national energy and water conservation; and
(7) Other factors the Secretary considers relevant.

(42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))

DOE fulfills these and other applicable requirements by conducting
a series of analyses throughout the rulemaking process. Table I.1 shows
the individual analyses that are performed to satisfy each of the
requirements within EPCA.

Table I.1--EPCA Requirements and Corresponding DOE Analysis
------------------------------------------------------------------------
EPCA requirement Corresponding DOE analysis
------------------------------------------------------------------------
Significant Energy Savings............. <bullet> Shipments Analysis.
<bullet> National Impact
Analysis.
<bullet> Energy and Water Use
Determination.
Technological Feasibility.............. <bullet> Market and Technology
Assessment.
<bullet> Screening Analysis.
<bullet> Engineering Analysis.
Economic Justification:

[[Page 18088]]

1. Economic Impact on Manufacturers <bullet> Manufacturer Impact
and Consumers. Analysis.
<bullet> Life-Cycle Cost and
Payback Period Analysis.
<bullet> Life-Cycle Cost
Subgroup Analysis.
<bullet> Shipments Analysis.
2. Lifetime Operating Cost Savings <bullet> Markups for Product
Compared to Increased Cost for the Price Determination.
Product. <bullet> Energy and Water Use
Determination.
<bullet> Life-Cycle Cost and
Payback Period Analysis.
3. Total Projected Energy Savings.. <bullet> Shipments Analysis.
<bullet> National Impact
Analysis.
4. Impact on Utility or Performance <bullet> Screening Analysis.
<bullet> Engineering Analysis.
5. Impact of Any Lessening of <bullet> Manufacturer Impact
Competition. Analysis.
6. Need for National Energy and <bullet> Shipments Analysis.
Water Conservation. <bullet> National Impact
Analysis.
7. Other Factors the Secretary <bullet> Employment Impact
Considers Relevant. Analysis.
<bullet> Utility Impact
Analysis.
<bullet> Emissions Analysis.
<bullet> Monetization of
Emission Reductions
Benefits.\3\
<bullet> Regulatory Impact
Analysis.
------------------------------------------------------------------------

As detailed throughout this RFI, DOE is publishing this document
seeking input and data from interested parties to aid in the
development of the technical analyses on which DOE will ultimately rely
to determine whether (and if so, how) to amend the standards for FLBs.
---------------------------------------------------------------------------

\3\ On March 16, 2022, the Fifth Circuit Court of Appeals (No.
22-30087) granted the federal government's emergency motion for stay
pending appeal of the February 11, 2022, preliminary injunction
issued in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a
result of the Fifth Circuit's order, the preliminary injunction is
no longer in effect, pending resolution of the federal government's
appeal of that injunction or a further court order. Among other
things, the preliminary injunction enjoined the defendants in that
case from ``adopting, employing, treating as binding, or relying
upon'' the interim estimates of the social cost of greenhouse
gases--which were issued by the Interagency Working Group on the
Social Cost of Greenhouse Gases on February 26, 2021--to monetize
the benefits of reducing greenhouse gas emissions. In the absence of
further intervening court orders, DOE has reverted to its approach
prior to the injunction and present monetized benefits where
appropriate and permissible by law.
---------------------------------------------------------------------------

A. Products Covered by This Process

This RFI covers those products that meet the definitions of a FLB,
as codified at 10 CFR 430.2. Fluorescent lamp ballast is defined as a
device which is used to start and operate fluorescent lamps by
providing a starting voltage and current and limiting the current
during normal operation. (10 CFR 430.2; 42 U.S.C. 6291(29)(A))
The following FLBs are exempt from standards: (1) A dimming ballast
designed and marketed to operate exclusively lamp types other than one
F34T12, two F34T12, two F96T12/ES, or two F96T12HO/ES lamps; (2) a low-
frequency ballast that is designed and marketed to operate T8 diameter
lamps, is designed and marketed for use in electromagnetic
interference-sensitive-environments only, and is shipped by the
manufacturer in packages containing 10 or fewer ballasts; and (3) a
programmed start (``PS'') ballast that operates 4-foot medium bipin
(``MBP'') T8 lamps and delivers on average less than 140 milliamps
(``mA'') to each lamp. 10 CFR 430.32(m)(3). Of these exemptions, in the
December 2020 Final Determination, DOE included in the analysis all
FLBs that are dimmable and PS ballasts operating 4-foot MBP T8 lamps
and using less than 140 mA (i.e., low-current PS ballasts). Regarding
the inclusion of dimming ballasts, DOE determined that that standards
for dimming ballasts could potentially result in energy savings.
Regarding the inclusion of low-current PS ballasts, DOE determined in
the December 2020 Final Determination that alternative options such as
using PS ballasts with operating current at 140 mA or higher, paired
with reduced-wattage lamps or decreasing the number of lamps in the
system, could provide low light output levels comparable to those
attained using low-current PS ballasts and therefore included low-
current PS ballasts in the analysis. 85 FR 81558, 81564-81565.
DOE requests feedback on whether establishing standards for any
groups of FLBs not currently subject to standards could result in
significant energy savings.

B. Market and Technology Assessment

The market and technology assessment that DOE routinely conducts
when analyzing the impacts of a potential new or amended energy
conservation standard provides information about the FLBs industry that
will be used in DOE's analysis throughout the rulemaking process. DOE
uses qualitative and quantitative information to characterize the
structure of the industry and market. DOE identifies manufacturers,
estimates market shares and trends, addresses regulatory and non-
regulatory initiatives intended to improve energy efficiency or reduce
energy consumption, and explores the potential for efficiency
improvements in the design and manufacturing of FLBs. DOE also reviews
product literature, industry publications, and company websites.
Additionally, DOE considers conducting interviews with manufacturers to
improve its assessment of the market and available technologies for
FLBs.
1. Product Classes
When evaluating and establishing energy conservation standards, DOE
may divide covered products into product classes by the type of energy
used, or by capacity or other performance-related features that justify
a different standard. (42 U.S.C. 6295(q)(1)) In making a determination
whether capacity or another performance-related feature justifies a
different standard, DOE must consider such factors as the utility of
the feature to the consumer and other factors DOE deems appropriate.
(Id.)
For FLBs, the current energy conservation standards specified in 10
CFR 430.32(m) are based on 7 product classes listed in Table II.1.

[[Page 18089]]

Table II.1--Current Fluorescent Lamp Ballasts Product Classes
------------------------------------------------------------------------

------------------------------------------------------------------------
Product Class
------------------------------------------------------------------------
IS/RS Commercial............. Instant start (``IS'') and rapid start
(``RS'') ballasts (not classified as
residential) that operate:
4-foot medium bipin lamps.
2-foot U-shaped lamps.
8-foot slimline lamps.
PS Commercial................ Programmed start ballasts (not classified
as residential) (i.e., commercial) that
operate:
4-foot medium bipin lamps.
2-foot U-shaped lamps.
4-foot miniature bipin standard output
lamps.
4-foot miniature bipin high output lamps.
IS/RS 8-foot HO.............. Instant start and rapid start ballasts
(not classified as sign ballasts) that
operate 8-foot high output lamps.
PS 8-foot HO................. Programmed start ballasts (not classified
as sign ballasts) that operate 8-foot
high output lamps.
Sign......................... Sign ballasts that operate 8-foot high
output lamps.
IS/RS Residential............ Instant start and rapid start residential
ballasts that operate:
4-foot medium bipin lamps.
2-foot U-shaped lamps.
8-foot slimline lamps.
PS Residential............... Programmed start residential ballasts
that operate:
4-foot medium bipin lamps.
2-foot U-shaped lamps.
------------------------------------------------------------------------

DOE requests feedback on the current FLB product classes, whether
changes to these individual product classes and their descriptions
should be made, and whether certain classes should be merged or
separated.
In the December 2020 Final Determination, DOE analyzed new lamp
types in existing product classes based on a review of the latest
product offerings on the market. DOE added 4-foot miniature bipin
(``MiniBP'') standard output (``SO'') and 4-foot MiniBP high output
(``HO'') lamp types to the instant start (``IS'')/rapid start (``RS'')
commercial (not classified as residential), IS/RS residential, and PS
residential product classes. 85 FR 81558, 81564-81565. For the dimming
product class, DOE identified 4-foot MBP, 4-foot MiniBP SO, 4-foot
MiniBP HO, and 2-foot U-shaped as lamp types operated by dimming
ballasts. 85 FR 81558, 81566.
DOE requests feedback on whether it should include additional lamp
types in any of the current product classes.
As noted in section II.A in the December 2020 Final Determination,
DOE included dimming ballasts in its analysis. In the December 2020
Final Determination DOE also evaluated dimming ballasts as a separate
product class in order to account for the added circuitry in dimming
ballasts that make them less efficient than comparable standard
ballasts. DOE also based the analysis on measuring the ballasts
luminous efficiency (``BLE'') at full light output for all ballasts,
including dimming ballasts. 85 FR 81558, 81564-81565.
DOE seeks information regarding any other new product classes it
should consider for inclusion in its analysis. Specifically, DOE
requests information on performance-related features that provide
unique consumer utility and data detailing the corresponding impacts on
energy use that would justify separate product classes (i.e.,
explanation for why the presence of these performance-related features
would increase energy consumption).
2. Technology Assessment
In analyzing the feasibility of potential new or amended energy
conservation standards, DOE uses information about existing and past
technology options and prototype designs to help identify technologies
that manufacturers could use to meet and/or exceed a given set of
energy conservation standards under consideration. In consultation with
interested parties, DOE intends to develop a list of technologies to
consider in its analysis. That analysis will likely include a number of
the technology options DOE previously considered during in the December
2020 Final Determination. 85 FR 81558, 81566. A complete list of those
prior options appears in Table II.2.

Table II.2--Technology Options for FLB Considered in the Development of
the December 2020 Final Determination
------------------------------------------------------------------------
Technology option Description
------------------------------------------------------------------------
Electronic Ballast........... Use an Electronic Ballast Design.
Improved Components:
Transformers/Inductors... Use litz wire to reduce winding losses.
Use wire with multiple smaller coils
instead of one larger coil to increase
the number of turns of wire.
Use optimized-gauge copper to increase
the conductor cross section to reduce
winding losses.
Use shape-optimized winding to reduce the
proximity effect.
Use low-loss ferrite materials to create
the core of the inductor.
Diodes................... Use diodes with a lower voltage drop.
Capacitors............... Use capacitors with a lower effective
series resistance.
Transistors.............. Use transistors with low drain-to-source
resistance.
Improved Circuit Design:
Cathode Cutout or Cutback Remove or reduce cathode/filament heating
after lamp has started.
Integrated Circuits...... Substitute discrete components with an
integrated circuit.
Starting Method.......... Use the IS starting method instead of a
rapid start RS starting method.
------------------------------------------------------------------------

[[Page 18090]]

DOE seeks information on the technologies listed in Table II.2
regarding their applicability to the current market and how these
technologies may impact the efficiency of FLBs as measured according to
the DOE test procedure. DOE also seeks information on how these
technologies may have changed since they were considered in the
December 2020 Final Determination. Specifically, DOE seeks information
on the range of efficiencies or performance characteristics that are
currently available for each technology option.
DOE seeks comment on other technology options that it should
consider for inclusion in its analysis and if these technologies may
impact product features or consumer utility.

C. Screening Analysis

The purpose of the screening analysis is to evaluate the
technologies that improve equipment efficiency to determine which
technologies will be eliminated from further consideration and which
will be passed to the engineering analysis for further consideration.
DOE determines whether to eliminate certain technology options from
further consideration based on the following criteria:

(1) Technological feasibility. Technologies that are not
incorporated in commercial products or in commercially viable,
existing prototypes will not be considered further.
(2) Practicability to manufacture, install, and service. If it
is determined that mass production of a technology in commercial
products and reliable installation and servicing of the technology
could not be achieved on the scale necessary to serve the relevant
market at the time of the projected compliance date of the standard,
then that technology will not be considered further.
(3) Impacts on product utility. If a technology is determined to
have a significant adverse impact on the utility of the product to
subgroups of consumers, or result in the unavailability of any
covered product type with performance characteristics (including
reliability), features, sizes, capacities, and volumes that are
substantially the same as products generally available in the United
States at the time, it will not be considered further.
(4) Safety of technologies. If it is determined that a
technology would have significant adverse impacts on health or
safety, it will not be considered further.
(5) Unique-pathway proprietary technologies. If a technology has
proprietary protection and represents a unique pathway to achieving
a given efficiency level, it will not be considered further, due to
the potential for monopolistic concerns.

10 CFR part 430, subpart C, appendix A, sections 6(b)(3) and 7(b).

Technology options identified in the technology assessment are
evaluated against these criteria using DOE analyses and inputs from
interested parties (e.g., manufacturers, trade organizations, and
energy efficiency advocates). Technologies that pass through the
screening analysis are referred to as ``design options'' in the
engineering analysis. Technology options that fail to meet one or more
of the five criteria are eliminated from consideration.
Based on the five screening criteria, DOE did not screen out any
technology options in the December 2020 Final Determination. 85 FR
81558, 81567.
DOE requests feedback on what impact, if any, the five screening
criteria described in this section would have on each of the technology
options listed in Table II.2 with respect to FLBs. Similarly, DOE seeks
information regarding how these same criteria would affect any other
technology options not already identified in this document with respect
to their potential use in FLBs.
DOE requests comment on whether certain design options may not be
applicable to (or incompatible with) specific product classes.
DOE requests feedback on whether, and if so how, manufacturers
would incorporate the technology options listed in Table II.2 to
increase energy efficiency in FLBs beyond the baseline. This includes
information on the order in which manufacturers would incorporate the
different technologies to incrementally improve the efficiencies of
products. DOE also requests feedback on whether the increased energy
efficiency would lead to other design changes that would not occur
otherwise. DOE is also interested in information regarding any
potential impact of design options on a manufacturer's ability to
incorporate additional functions or attributes in response to consumer
demand.
DOE also seeks input on the increase in manufacturer production
costs (``MPCs'') associated with incorporating each particular design
option. Specifically, DOE is interested in whether and how the costs
estimated for design options in the December 2020 Final Determination
have changed since the time of that analysis. DOE also requests
information on the investments necessary to incorporate specific design
options, including, but not limited to, costs related to new or
modified tooling (if any), materials, engineering and development
efforts to implement each design option, and manufacturing/production
impacts.

D. Engineering Analysis

The purpose of the engineering analysis is to establish the
relationship between the efficiency and cost of FLBs. There are two
elements to consider in the engineering analysis; the selection of
efficiency levels to analyze (i.e., the ``efficiency analysis'') and
the determination of product cost at each efficiency level (i.e., the
``cost analysis''). In determining the performance of higher-efficiency
products, DOE considers technologies and design option combinations not
eliminated by the screening analysis. For each product class, DOE
estimates the baseline cost, as well as the incremental cost for the
product at efficiency levels above the baseline. The output of the
engineering analysis is a set of cost-efficiency ``curves'' that are
used in downstream analyses (i.e., the life-cycle cost (``LCC'') and
payback period (``PBP'') analyses and the national impact analysis
(``NIA'')). The following sections seek public input on specific steps
of the engineering analysis.
1. Efficiency Analysis
DOE typically uses one of two approaches to develop energy
efficiency levels for the engineering analysis: (1) relying on observed
efficiency levels in the market (i.e., the efficiency-level approach),
or (2) determining the incremental efficiency improvements associated
with incorporating specific design options to a baseline model (i.e.,
the design-option approach). Using the efficiency-level approach, the
efficiency levels established for the analysis are determined based on
the market distribution of existing products (in other words, based on
the range of efficiencies and efficiency level ``clusters'' that
already exist on the market). Using the design option approach, the
efficiency levels established for the analysis are determined through
detailed engineering calculations and/or computer simulations of the
efficiency improvements from implementing specific design options that
have been identified in the technology assessment. DOE may also rely on
a combination of these two approaches. For example, the efficiency-
level approach (based on actual products on the market) may be extended
using the design option approach to interpolate to define ``gap fill''
levels (to bridge large gaps between other identified efficiency
levels) and/or to extrapolate to the max-tech level (particularly in
cases where the max-tech level exceeds the maximum efficiency level
currently available on the market).
In the December 2020 Final Determination, DOE selected more
efficient substitutes in the engineering

[[Page 18091]]

analysis and determined the end-user prices of those substitutes in the
product price determination. DOE estimated the end-user price of
ballasts directly because reverse engineering ballasts is impractical
due to the use of potting, which is a black pitch added to the ballast
enclosure to reduce vibration damage and act as a heat sink for the
circuit board. 85 FR 81558, 81567. DOE made no changes to the metric
used to assess current FLB standards, BLE or to the equation form that
relates the total lamp arc power operated by a ballast to BLE. 85 FR
81558, 81569.
[GRAPHIC] [TIFF OMITTED] TP27MR23.010

Where: power = total lamp arc power; A, B, and C are constants that are
specified in the FLB standard at 10 CFR 430.32(m). In the December 2020
Final Determination, DOE maintained the values for A and C and adjusted
the value for B to reflect different efficiency levels in each product
class. (85 FR 81558, 81569; see chapter 5 of the December 2020 Final
Determination Technical Support Document (``TSD'')).

Further to determine the baseline models and efficiency levels, DOE
used the BLE values from the compliance certification database to
identify ballasts for all product classes except dimming. Because most
dimming ballasts are not currently subject to standards and therefore
did not have data in the compliance certification database, DOE
determined BLE values by using catalog input power and the associated
total lamp arc power. 85 FR 81558, 81567.
DOE seeks feedback on the approach of using DOE's compliance
certification database, when possible and manufacturer catalogs,
otherwise to collect data used in the engineering analysis.
For the December 2020 Final Determination, DOE did not analyze all
8 FLB product classes. 85 FR 81558, 81567-81568. Instead, DOE directly
analyzed the following six product classes and ballast types as
representative due to their high market volume:

(1) IS/RS Commercial: 2L 4-foot MBP; 4L 4-foot MBP, 2L 8-foot SP
slimline.
(2) PS Commercial: 2L 4-foot MBP, 4L 4-foot MBP, 2L 4-foot
MiniBP SO, 2L 4-foot MiniBP HO.
(3) IS/RS 8-foot HO: 2L 8-foot recessed double contact (``RDC'')
HO.
(4) Sign: 4L 8-foot RDC HO.
(5) IS/RS Residential: 2L 4-foot MBP.
(6) Dimming: 2L 4-foot MBP 0-10V, 2L 4-foot MiniBP SO 0-10 V, 2L
4-foot MiniBP HO 0-10 V.

85 FR 81558, 81567-81568.

DOE did not directly analyze the PS 8-foot HO and PS Residential
product classes and developed their efficiency levels by scaling the
efficiency levels respectively from the IS/RS 8-foot HO and IS/RS
Residential product classes. 85 FR 81558, 81571.
DOE requests feedback on the representative product classes and
representative ballast types to directly analyze in this analysis.
For each established product class, DOE selects a baseline model as
a reference point against which any changes resulting from new or
amended energy conservation standards can be measured. The baseline
model in each product class represents the characteristics of common or
typical products in that class. Typically, a baseline model is one that
meets the current minimum energy conservation standards and provides
basic consumer utility. Consistent with this analytical approach, DOE
tentatively plans to consider the current minimum energy conservations
standards to establish the baseline efficiency levels for each product
class. The current standards for FLBs are found at 10 CFR 430.32(m).
DOE requests feedback on whether the current established energy
conservation standards for FLBs are appropriate baseline efficiency
levels for DOE to apply to each product class in evaluating whether to
amend the current energy conservation standards for these products.
DOE requests feedback on the appropriate baseline efficiency levels
for any newly analyzed product classes that are not currently in place
or for the contemplated combined product classes, as discussed in
section II.B.1 of this document. For newly analyzed product classes,
DOE requests energy use data to characterize the baseline efficiency
level.
As part of DOE's analysis, the maximum available efficiency level
is the highest efficiency unit currently available on the market. DOE
defines a max-tech efficiency level to represent the theoretical
maximum possible efficiency if all available design options are
incorporated in a model. In applying these design options, DOE would
only include those that are compatible with each other that when
combined, would represent the theoretical maximum possible efficiency.
In many cases, the max-tech efficiency level is not commercially
available because it is not economically feasible. As noted previously,
in the December 2020 Final Determination, DOE determined max-tech
efficiency levels based on products in DOE's compliance certification
database for all product classes except, due to lack of data, for the
dimming product class. For the dimming product class DOE used
manufacturer catalogs. 85 FR 81558, 81567. Table II.3 shows the
representative units at the max-tech efficiency levels identified in
the December 2020 Final Determination. Table II.4 shows the associated
equations for the max-tech efficiency levels. 85 FR 81558, 81569-81571.

Table II.3--Maximum Efficiency Representative Units From the December 2020 Final Determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
Input voltage
Representative product class Ballast type Lamp type Starting (V)/ operating Power Ballast Input power BLE
method voltage * factor factor (W)
--------------------------------------------------------------------------------------------------------------------------------------------------------
IS/RS Commercial............. 2L 4-foot MBP... 32 W T8.......... IS............ 277, Universal.. 0.99 0.89 55.3 0.940
4L 4-foot MBP... 32 W T8.......... IS............ 277, Universal.. 0.98 0.87 107.0 0.950
2L 8-foot SP 59 W T8.......... IS............ 277, Universal.. 0.98 0.87 105.1 0.945
slimline.
PS Commercial................ 2L 4-foot MBP... 32 W T8.......... PS............ 277, Universal.. 0.98 0.88 53.9 0.953
4L 4-foot MBP... 32 W T8.......... PS............ 277, Universal.. 0.99 0.87 107.6 0.944
2L 4-foot MiniBP 28 W T5.......... PS............ 277, Universal.. 0.98 1.00 59.8 0.929
SO.
2L 4-foot MiniBP 54 W T5.......... PS............ 277, Universal.. 0.98 1.00 113.6 0.947
HO.
IS/RS 8-foot HO.............. 2L 8-foot RDC HO 110 W T12........ RS............ 277, Universal.. 0.98 0.90 188.0 0.957
Sign......................... 4L 8-foot RDC HO 110 W T12........ IS............ 120, Dedicated.. 0.90 0.61 258.4 0.944
IS/RS Residential............ 2L 4-foot MBP... 32 W T8.......... IS............ 120, Dedicated.. 0.55 0.83 53.1 0.913
Dimming...................... 2L 4-foot MBP 0- 32 W T8.......... PS............ 277, Universal.. 0.99 0.88 56.0 0.918
10V.
2L 4-foot MiniBP 28 W T5.......... PS............ 277, Universal.. 0.99 1.00 61.0 0.911
SO 0-10V.
2L 4-foot MiniBP 54 W T5.......... PS............ 277, Universal.. 0.98 1.00 115.9 0.928
HO 0-10V.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 18092]]

Table II.4--Maximum Efficiency Levels From the December 2020 Final Determination Rule
----------------------------------------------------------------------------------------------------------------
Maximum efficiency level A/(1+B *total lamp
arc power[caret]-C)
Representative Product Class -----------------------------------------------
A B C
----------------------------------------------------------------------------------------------------------------
IS/RS Commercial................................................ 0.993 0.16 0.25
PS Commercial................................................... 0.993 0.31 0.37
IS/RS Residential............................................... 0.993 0.24 0.25
IS/RS 8-foot HO................................................. 0.993 0.14 0.25
Sign............................................................ 0.993 0.24 0.25
Dimming......................................................... 0.993 0.4 0.37
----------------------------------------------------------------------------------------------------------------

DOE seeks input on whether the maximum available efficiency levels
are appropriate and technologically feasible for potential
consideration as possible energy conservation standards for the
products at issue--and if not, why not. DOE also seeks comment on
whether the max tech levels have changed since the December 2020 Final
Determination.
DOE also requests feedback on whether the maximum available
efficiencies presented in Table II.4 are representative of those for
the other FLBs product classes not directly analyzed in the December
2020 Final Determination. If the range of possible efficiencies is
different for the other product classes not directly analyzed, DOE
requests information on alternative approaches DOE should consider
using for those product classes.
DOE seeks feedback on what design options would be incorporated at
a max-tech efficiency level, and the efficiencies associated with those
levels. As part of this request, DOE also seeks information as to
whether there are limitations on the use of certain combinations of
design options.
2. Cost Analysis
As described at the beginning of this section, the main outputs of
the engineering analysis are cost-efficiency relationships that
describe the estimated increases in manufacturer production cost
associated with higher-efficiency products for the analyzed product
classes. The cost analysis portion of the engineering analysis is
conducted using one or a combination of cost approaches. The selection
of cost approach depends on a suite of factors, including availability
and reliability of public information, characteristics of the regulated
product, and the availability and timeliness of purchasing the product
on the market. The cost approaches are summarized as follows:
<bullet> Physical teardowns: Under this approach, DOE physically
dismantles a commercially available product, component-by-component, to
develop a detailed bill of materials for the product.
<bullet> Catalog teardowns: In lieu of physically deconstructing a
product, DOE identifies each component using parts diagrams (available
from manufacturer websites or appliance repair websites, for example)
to develop the bill of materials for the product.
<bullet> Price surveys: If neither a physical nor catalog teardown
is feasible (for example, for tightly integrated products such as
fluorescent lamps, which are infeasible to disassemble and for which
parts diagrams are unavailable) or cost-prohibitive and otherwise
impractical (e.g., large commercial boilers), DOE conducts price
surveys using publicly available pricing data published on major online
retailer websites and/or by soliciting prices from distributors and
other commercial channels.
Using the price survey approach, in the December 2020 Final
Determination, DOE developed end-user prices for the representative
units sold in each of the main distribution channels identified for
FLBs. DOE then calculated an average weighted end-user price using
estimated shipments that go through each distribution channel. 85 FR
81558, 81571.
Specifically, in the December 2020 Final Determination, DOE
identified two types of distribution channels through which most FLBs
pass from the manufacturer to the consumer: the fixture ballast
distribution channel and the replacement ballast distribution channel.
The fixture ballast distribution channel applies to ballasts sold in
fixtures where the manufacturer sells the ballast to a fixture
manufacturer--who in turn sells the fixture, including the ballast, to
an electrical wholesaler. The replacement ballast distribution channel
applies to ballasts sold without fixtures (e.g., replacement ballasts)
where the manufacturer sells the ballast directly to an electrical
wholesaler. DOE determined that in both distribution channels,
electrical wholesalers sell ballasts to the consumer in (1) large
volume via a contractor; (2) in large volume without a contractor; or
(3) in low volume without a contractor. DOE assumed that the low volume
path accounted for the distribution of residential ballasts. (85 FR
81558, 81571; see chapter 6 of the December 2020 Final Determination
TSD).
DOE collected prices from electrical distributors and internet
retailers for each representative unit and/or ballast with similar
performance characteristics to develop an average wholesaler price. DOE
then used this average wholesaler price to determine the end-user
prices for ballasts going through each wholesaler pathway: large volume
(no contractor), large volume (with contractor), and low volume (no
contractor). For the large volume (contractor) pathway, DOE applied an
estimated contractor markup of 13 percent to the average wholesaler
prices as these ballasts are purchased in large quantities through a
contractor. For the low volume (no contractor) pathway ballasts DOE
applied an estimated 20 percent markup to the average wholesaler price
as these ballasts are purchased in smaller quantities by consumers
directly from the electrical wholesaler. (85 FR 81558, 81571; see
chapter 6 of the December 2020 Final Determination TSD).
DOE then weighted the large volume (with contractor) price by 85
percent; large volume (no contractor) price by 10 percent; and low
volume (no contractor) price by 5 percent to develop an average
weighted end-user price for each representative unit. DOE used this
average weighted end-user price as the price paid through the
replacement channel and for the fixture channel, applied a 21 percent
original equipment manufacturer (``OEM'') markup to it. DOE then
applied a 50 percent weighting to the resulting replacement channel
price and fixture channel price to obtain the final average end-user
price for each representative unit. (85 FR 81558, 81571; see chapter 6
of the December 2020 Final Determination TSD).
DOE requests feedback on the whether the methodology described
above for the cost analysis is appropriate, as well as information on
the existence of any distribution

[[Page 18093]]

channels other than those described and their assigned weighting.
DOE requests feedback on whether the prices of FLBs have changed
since the December 2020 Final Determination. In particular, DOE
requests comment on whether the incremental difference between the
price of a ballast at the baseline level and the price of a ballast at
a higher efficiency level (including the max tech level) has changed.

E. Energy Use Analysis

As part of the rulemaking process, DOE conducts an energy use
analysis to identify how products are used by consumers, and thereby
determine the energy savings potential of energy efficiency
improvements. DOE bases the energy consumption of fluorescent lamp
ballasts on the rated annual energy consumption as determined by the
DOE test procedure. Along similar lines, the energy use analysis is
meant to represent typical energy consumption in the field.
1. Operating Hours
In the December 2020 Final Determination, DOE developed annual
operating hours by sector using the most recent data available from the
2015 U.S. Lighting Market Characterization (``LMC'') which was
published in 2017.\4\ 85 FR 81558, 81572. As stated in the December
2020 Final Determination TSD, fluorescent lamp ballasts operated 721
hours in the residential sector; 3,017 hours in the commercial sector
(IS/RS ballasts); 2,112 hours in the commercial sector (PS ballasts and
accounts for lighting controls); 4,380 hours in the industrial sector;
and 3,285 hours in the outdoor sector. (See chapter 6 of the December
2020 Final Determination TSD).
---------------------------------------------------------------------------

\4\ U.S. Department of Energy-Office of Energy Efficiency and
Renewable Energy. 2015 U.S. Lighting Market Characterization.
November 2017. <a href="https://energy.gov/eere/ssl/2015-us-lighting-marketcharacterization">https://energy.gov/eere/ssl/2015-us-lighting-marketcharacterization</a>.
---------------------------------------------------------------------------

In Table II.5 DOE calculated the average annual energy use by
multiplying the operating hours per sector times the input power of
representative units at the max-tech efficiency levels identified in
the December 2020 Final Determination from Table II.4. This would be a
similar approach that DOE would use in the energy-use analysis.

Table II.5--Maximum Efficiency Input Power Ratings and Average Energy Use From the December 2020 Final Determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
operating Average annual
Representative product class Ballast type Lamp type Starting method Input voltage (V)/ Input power hours energy use
operating voltage* (W) (hours/ (kWh/year)
year)
--------------------------------------------------------------------------------------------------------------------------------------------------------
IS/RS Commercial................ 2L 4-foot MBP..... 32 W T8............ IS............. 277, Universal.... 55.3 3,153 174
4L 4-foot MBP..... 32 W T8............ IS............. 277, Universal.... 107.0 3,153 337
2L 8-foot SP 59 W T8............ IS............. 277, Universal.... 105.1 3,153 331
slimline.
PS Commercial................... 2L 4-foot MBP..... 32 W T8............ PS............. 277, Universal.... 53.9 2,339 126
4L 4-foot MBP..... 32 W T8............ PS............. 277, Universal.... 107.6 2,339 252
2L 4-foot MiniBP 28 W T5............ PS............. 277, Universal.... 59.8 2,339 140
SO.
2L 4-foot MiniBP 54 W T5............ PS............. 277, Universal.... 113.6 2,339 266
HO.
IS/RS 8-foot HO................. 2L 8-foot RDC HO.. 110 W T12.......... RS............. 277, Universal.... 188.0 3,153 593
Sign............................ 4L 8-foot RDC HO.. 110 W T12.......... IS............. 120, Dedicated.... 258.4 3,285 849
IS/RS Residential............... 2L 4-foot MBP..... 32 W T8............ IS............. 120, Dedicated.... 53.1 721 38
Dimming......................... 2L 4-foot MBP 0- 32 W T8............ PS............. 277, Universal.... 56.0 2,971 166
10V.
2L 4-foot MiniBP 28 W T5............ PS............. 277, Universal.... 61.0 2,971 181
SO 0-10V.
2L 4-foot MiniBP 54 W T5............ PS............. 277, Universal.... 115.9 2,971 344
HO 0-10V.
--------------------------------------------------------------------------------------------------------------------------------------------------------

DOE requests feedback on data sets to determine operating hours for
fluorescent lamp ballasts, and the approach of multiplying the
operating hours by input power to determine energy usage.
2. Lamp Mixture
Fluorescent lamp ballasts operate general service fluorescent lamps
(``GSFL'') and in some cases tubular light-emitting diodes (``TLEDs'')
intended for direct replacement of GSFLs (known as UL Type A or UL Type
A/B TLEDs). Although neither GSFLs nor TLEDs are within the scope of
this potential amended standard, the mixture of these lamps directly
affects the energy use of fluorescent lamp ballasts.
In the December 2020 FLB Final Determination, DOE assumed for
certain ballasts that the ballast would operate a reduced wattage
option of the lamp or a TLED. Table II.6 is from the December 2020
Final Determination TSD.

Table II.6--Weighting Factors for Ballast-Lamp Combinations for Fluorescent Lamp Ballasts by Product Class From
December 2020 Final Determination
----------------------------------------------------------------------------------------------------------------
Weighting factor
Product class Ballast Lamp type in 2023 *
----------------------------------------------------------------------------------------------------------------
IS/RS Commercial....................... 2L 4-foot Medium Bipin F32T8.................... 19
(MBP).
IS/RS Commercial....................... 2L 4-foot MBP............. F32T8 (28W).............. 45
IS/RS Commercial....................... 2L 4-foot MBP............. F32T8 (25W).............. 10
IS/RS Commercial....................... 2L 4-foot MBP............. TLED..................... 26
IS/RS Commercial....................... 2L 4-foot MBP............. F40T12................... 0
IS/RS Commercial....................... 4L 4-foot MBP............. F32T8.................... 19
IS/RS Commercial....................... 4L 4-foot MBP............. F32T8 (28W).............. 45
IS/RS Commercial....................... 4L 4-foot MBP............. F32T8 (25W).............. 10
IS/RS Commercial....................... 4L 4-foot MBP............. TLED..................... 26
IS/RS Commercial....................... 2L 8-foot Slimline........ F96T8 (59W).............. 71
IS/RS Commercial....................... 2L 8-foot Slimline........ F96T8 (54W).............. 5
IS/RS Commercial....................... 2L 8-foot Slimline........ F96T8 (50W).............. 4

[[Page 18094]]

IS/RS Commercial....................... 2L 8-foot Slimline........ F96T12 (75W)............. 21
PS Commercial.......................... 2L 4-foot MBP............. F32T8.................... 19
PS Commercial.......................... 2L 4-foot MBP............. F32T8 (28W).............. 45
PS Commercial.......................... 2L 4-foot MBP............. F32T8 (25W).............. 10
PS Commercial.......................... 2L 4-foot MBP............. TLED..................... 26
PS Commercial.......................... 4L 4-foot MBP............. F32T8.................... 19
PS Commercial.......................... 4L 4-foot MBP............. F32T8 (28W).............. 45
PS Commercial.......................... 4L 4-foot MBP............. F32T8 (25W).............. 10
PS Commercial.......................... 4L 4-foot MBP............. TLED..................... 26
PS Commercial.......................... 2L 4-foot miniature bipin F28T5.................... 100
(MiniBP) standard output
(SO).
PS Commercial.......................... 2L 4-foot MiniBP SO....... F28T5 (26W).............. 0
PS Commercial.......................... 2L 4-foot MiniBP SO....... F28T5 (25W).............. 0
PS Commercial.......................... 2L 4-foot MiniBP HO....... F54T5HO.................. 56
PS Commercial.......................... 2L 4-foot MiniBP HO....... F54T5HO (49W)............ 21
PS Commercial.......................... 2L 4-foot MiniBP HO....... F54T5HO (47W)............ 23
IS/RS 8-foot HO........................ 2L 8-foot recessed double F96T12HOCT (110W)........ 100
contact (RDC) HO.
IS/RS 8-foot HO........................ 2L 8-foot RDC HO.......... F96T8HO.................. 0
Sign................................... 2L 4-foot MBP............. F96T12HOCT (110W)........ 100
Sign................................... 2L 4-foot MBP............. F96T8HOCT................ 0
IS/RS Residential...................... 2L 4-foot MBP............. F32T8.................... 32
IS/RS Residential...................... 2L 4-foot MBP............. F32T8 (28W).............. 33
IS/RS Residential...................... 2L 4-foot MBP............. F32T8 (25W).............. 7
IS/RS Residential...................... 2L 4-foot MBP............. TLED..................... 26
IS/RS Residential...................... 2L 4-foot MBP............. F40T12................... 2
Dimming................................ 2L 4-foot MBP............. F32T8.................... 92
Dimming................................ 2L 4-foot MBP............. F32T8 (28W).............. 7
Dimming................................ 2L 4-foot MBP............. F32T8 (25W).............. 1
Dimming................................ 2L 4-foot MiniBP SO....... F28T5.................... 100
Dimming................................ 2L 4-foot MiniBP HO....... F54T5HO.................. 100
----------------------------------------------------------------------------------------------------------------
* Weights may not total to 100 percent for each and every ballast due to rounding.

DOE requests feedback on the proportion of lamps operating on
fluorescent ballasts in 2023 and how that mixture is expected to change
over time.

F. Life-Cycle Cost and Payback Analysis

DOE conducts the LCC and PBP analysis to evaluate the economic
effects of potential energy conservation standards for FLBs on
individual consumers. For any given efficiency level, DOE measures the
PBP and the change in LCC relative to an estimated baseline level. The
LCC is the total consumer expense over the life of the equipment,
consisting of purchase, installation, and operating costs (expenses for
energy use, maintenance, and repair). Inputs to the calculation of
total installed cost include the cost of the equipment--which includes
manufacturer selling prices (``MSPs''), distribution channel markups,
and sales taxes--and installation costs. Inputs to the calculation of
operating expenses include annual energy consumption, energy prices and
price projections, repair and maintenance costs, product lifetimes,
discount rates, and the year that compliance with new and amended
standards is required.
1. Installation Costs
Installation cost includes labor, overhead, and any miscellaneous
materials and parts needed to install the product. DOE used data from
RSMeans to estimate the baseline installation cost for fluorescent lamp
ballasts. In the December 2020 Final Determination, DOE used the same
installation costs for ballasts at each level. 85 FR 81558, 81574.
DOE requests information on installation costs of fluorescent lamp
ballasts; using RSMeans (or other data sources) for labor; and treating
the installation cost the same for all efficiency levels.
2. Repair and Maintenance Costs
Repair costs are associated with repairing or replacing product
components that have failed in an appliance; maintenance costs are
associated with maintaining the operation of the product. In the
December 2020 Final Determination, DOE modeled ballasts as not being
repaired. 85 FR 81558, 81574. In the December 2020 Final Determination,
DOE modeled no direct maintenance on the ballasts and maintenance only
related to fluorescent lamp replacement. 85 FR 81558, 81574.
DOE requests information and data on the frequency of repair and
repair costs by product class for the technology options listed in
Table II.2 of this document. Although DOE is interested in information
regarding each of the listed technology options. DOE is also interested
in whether consumers replace the products when they fail, as opposed to
repairing them.
DOE requests feedback and data on whether maintenance costs differ
in comparison to the baseline maintenance costs for any of the specific
technology options listed in Table II.2 of this document.
3. Efficiency Distributions
To estimate the share of affected consumers who would likely be
affected by a standard at a particular efficiency level, the LCC
analysis considers the estimated distributions of efficiencies of
products that consumers purchase under the no-new-standards case (i.e.,
base efficiency distributions). In the December 2020 Final
Determination,

[[Page 18095]]

DOE developed efficiency distributions from DOE's Compliance
Certification Database.\5\
---------------------------------------------------------------------------

\5\ For the public version of DOE's Compliance Certification
Management System, see <a href="https://www.regulations.doe.gov/ccms">https://www.regulations.doe.gov/ccms</a>.
---------------------------------------------------------------------------

DOE requests information on efficiency distributions of FLBs and
for other sources besides DOE's Compliance Certification Database.
4. Product Lifetimes
In the December 2020 Final Determination, DOE discussed the review
of fluorescent ballast lifetime. DOE used 12.5-year average lifetime
for commercial sector installations, 11.4-year average lifetime for
industrial sector installations, a 12.5-year average lifetime for
outdoor lighting, and a 15-year life for the residential sector. 85 FR
81558, 81574-81575.
DOE requests information on the rated lifetime of fluorescent lamp
ballasts. DOE also requests information on the frequency of fluorescent
lamp ballasts that may be pre-maturely retired before end of expected
lifetime.

G. Shipments

DOE develops shipments forecasts of fluorescent lamp ballasts to
calculate the national impacts of potential amended energy conservation
standards on energy consumption, net present value (``NPV''), and
future manufacturer cash flows. DOE shipments projections are based on
available historical data broken out by product class and lamp
quantity. Current sales estimates allow for a more accurate model that
captures recent trends in the market.
Fluorescent lamp ballasts operate GSFL and in some cases TLEDs
intended for direct replacement of GSFLs (known as UL Type A or UL Type
A/B TLEDs). Although neither GSFLs nor TLEDs are within the scope of
this potential amended standard, shipments of these technologies
directly relate to shipment volume of fluorescent lamp ballasts.
On February 13, 2023, DOE published a final determination to not
amend standards for GSFLs. 88 FR 9118 (``February 2023 GSFL Final
Determination''). In this determination DOE forecasted shipments of
GSFLs and TLEDs. DOE only received one comment on the shipments
analysis for the February 2023 GSFL Final Determination which was from
the National Electrical Manufacturers Association (``NEMA''). NEMA
directed DOE to the NEMA Lamp Index \6\ for GSFLs. (Docket No. EERE-
2019-BT-STD-0030, NEMA, No. 18 at p. 3) DOE reviewed the sales indices
of the linear lamp market published by NEMA for 2015-2020. DOE included
that data to seed DOE's GSFL shipment model. These indices show a steep
decline of GSFL sales for all lamp types over that five-year period. 88
FR 9118, 9130.
---------------------------------------------------------------------------

\6\ NEMA Lamp Indices, available at <a href="https://www.nema.org/analytics/lamp-indices">https://www.nema.org/analytics/lamp-indices</a>.
---------------------------------------------------------------------------

In the February 2023 GSFL Final Determination, DOE assumed that in
each shipment's projection year, demand would only be for replacement
service of existing GSFL installation and not for new installations. 88
FR 9118, 9130. DOE also assumed that a fixed fraction of all tubular
lamp stock (both GSFL and TLEDs) in each year leave the market because
of retrofits or renovations to integrated LED fixtures. As a result of
this assumption, the total number of lamps that may retire per year is
reduced and ultimately each year the tubular lamp market reduces in
size. (Id.) If the linear lamp market reduces in size because of
renovations that retire linear lamps for LED fixtures, this also
reduces the size of the FLB market each year.
In the February 2023 GSFL Final Determination, based on multiple
inputs and assumptions, the GSFL shipments model forecasted that the
linear lamp market would continue to shift quickly to LED over the
analysis period (2021-2055) in the no-new-standards case. 88 FR 9118,
9130.
On October 22, 2019, DOE published a notice of proposed
determination (``October 2019 FLB Proposed Determination''). 84 FR
56540. In the October 2019 FLB Proposed Determination, DOE stated that
DOE agreed with commenters that FLB shipments were declining and
modeled four no-new standards.
(1) Scenario #1--declining shipments that all terminate in 2024.
This scenario is based on the data supplied by NEMA and others
depicting the decline between 2010 and 2014. The scenario also assumes
at all new construction migrates to other lights sources than
fluorescent technology.
(2) Scenario #2--declining shipments that all terminate in 2040.
This scenario was based on comments from manufacturers during the
manufacturer impact analysis (``MIA'') process and written comments of
a reduction in shipments of 10 to 20 percent per year. This scenario
assumes that most new construction is utilizing other light sources
besides fluorescent technology.
(3) Scenario #3--declining shipments that approach zero near the
end of the analysis period (2052). This scenario is close to a year-
over-year linear reduction of shipments by 20 percent. This scenario
was based on data of shipments of other lighting technologies. The rate
of decline is less compared to the scenario 2 partially to address
comments received about UL Type A TLEDs operating on fluorescent lamp
ballasts.
(4) Scenario #4--declining shipments that terminate near the end of
the analysis period. This scenario is based on a slower declination
rate in the initial part of the analysis period and is similar to a
projected decline in fluorescent lamps. This scenario was based on a
slower decline rate in the initial part of the analysis period. 84 FR
56540, 56572.
In response to the October 2019 FLB Proposed Determination, NEMA
commented that any shipment scenario that includes a near-20 percent
rate of decline is useful for estimations and modeling (Docket No.
EERE-2015-BT-STD-0006, NEMA, No. 24 at p. 5).
In the December 2020 FLB Final Determination, DOE chose scenario #3
(declining shipments that approach zero near 2052 with an approximate
linear year-over-year reduction of shipments by 20 percent) as the
Reference case. 85 FR 81558, 81576.
Table II.7 lists the forecasted shipments from the December 2020
Final Determination for fluorescent lamp ballasts for all four
scenarios. Table II.7 lists the forecasted shipments for 2022 to help
calibrate the shipments model for this analysis. DOE listed the
shipments for forecasted for 2030, 2040, and 2050 to reflect the
forecasted decline of shipments.

[[Page 18096]]

Table II.7--Shipments for Fluorescent Lamp Ballasts by Product Class From December 2020 Final Determination
----------------------------------------------------------------------------------------------------------------
Shipments Shipments Shipments Shipments
Representative product class Scenario forecast in forecast in forecast in forecast in
2022 2030 2040 2050
----------------------------------------------------------------------------------------------------------------
IS/RS Commercial................ 1 893,452 0 0 0
2 11,648,580 2,264,359 147 0
3 13,935,358 7,040,094 2,446,833 481,719
4 17,099,980 12,684,172 4,831,126 1,601,403
PS Commercial................... 1 391,293 0 0 0
2 5,101,568 991,690 64 0
3 6,103,076 3,083,253 1,071,606 210,972
4 7,489,042 5,233,030 2,115,822 701,344
IS/RS 8-foot HO................. 1 8,152 0 0 0
2 106,283 20,660 1 0
3 127,147 64,234 22,325 4,395
4 156,022 109,021 44,080 14,611
Sign............................ 1 48,912 0 0 0
2 637,696 123,961 8 0
3 762,885 385,407 133,951 26,371
4 936,130 654,129 264,478 87,668
IS/RS Residential............... 1 163,055 0 0 0
2 2,125,866 413,246 27 0
3 2,543,203 1,284,817 446,547 87,914
4 3,120,746 2,180,647 881,681 292,256
Dimming......................... 1 30,977 0 0 0
2 403,874 78,509 5 0
3 483,160 244,091 84,835 16,702
4 592,883 414,282 167,503 55,523
----------------------------------------------------------------------------------------------------------------

DOE requests 2022 annual sales data (i.e., number of shipments) for
fluorescent lamp ballasts by product class. If disaggregated fractions
of annual sales are not available at the product class level, DOE
requests more aggregated fractions of annual sales at the product class
level. Sales data for 2022 will allow DOE to calibrate the shipment
model.
DOE requests 2020 and 2022 data on the fraction of sales in the
residential and commercial sector for IS/RS ballasts.
If available, DOE requests historical sales information for the
product classes in Table II.7 for the previous five years (2017-2022).
DOE requests information considering the February 2023 GSFL Final
Determination about which shipment scenario from the December 2020
Final Determination is now most likely for fluorescent lamp ballasts.

H. National Impact Analysis

The purpose of the national impact analysis (``NIA'') is to
estimate the aggregate economic impacts of potential efficiency
standards at the national level. The NIA assesses the national energy
savings (``NES'') and the national net present value (``NPV'') of total
consumer costs and savings that would be expected to result from new or
amended standards at specific efficiency levels.
In the December 2020 Final Determination, DOE evaluated the effects
of new and amended standards for fluorescent lamp ballasts by comparing
no-new-standard-case projections with standards-case projections. The
no-new-standards-case projections characterize energy use and consumer
costs for each product class in the absence of new or amended energy
conservation standards. DOE compared these projections with projections
characterizing the market for each product class if DOE adopted new or
amended standards at specific energy efficiency levels for that class.
In charactering the no-new-standards and standards cases, DOE
considered historical shipments, the mix of efficiencies sold in the
absence of amended standards, and how that mix may change over time.
The December 2020 Final Determination assumed no rebound effect. DOE
stated that most consumers are commercial and industrial consumers, and
that the user tends to not see the energy bills, so there would be no
perceived change in the cost of using the light. 85 FR 81588, 81573.
DOE requests feedback and information on whether a rebound rate of
0 percent is appropriate for fluorescent lamp ballasts. If an alternate
rebound rate should be used, DOE requests information and data in
support of the alternate rate.

I. Manufacturer Impact Analysis

The purpose of the manufacturer impact analysis (``MIA'') is to
estimate the financial impact of amended energy conservation standards
on manufacturers of FLBs, and to evaluate the potential impact of such
standards on direct employment and manufacturing capacity. The MIA
includes both quantitative and qualitative aspects. The quantitative
part of the MIA primarily relies on the Government Regulatory Impact
Model (``GRIM''), an industry cash-flow model adapted for each product
in this analysis, with the key output of industry net present value
(``INPV''). The qualitative part of the MIA addresses the potential
impacts of energy conservation standards on manufacturing capacity and
industry competition, as well as factors such as product
characteristics, impacts on particular subgroups of firms, and
important market and product trends.
As part of the MIA, DOE intends to analyze impacts of amended
energy conservation standards on subgroups of manufacturers of covered
products, including small business manufacturers. DOE uses the Small
Business Administration's (``SBA'') small business size standards to
determine whether manufacturers qualify as small businesses, which are
listed by the applicable North American Industry

[[Page 18097]]

Classification System (``NAICS'') code.\7\ Manufacturing of FLBs is
classified under NAICS 335311, ``Power, Distribution, and Specialty
Transformer Manufacturing,'' and the SBA sets a threshold of 750
employees or less for a domestic entity to be considered as a small
business. This employee threshold includes all employees in a business'
parent company and any other subsidiaries.
---------------------------------------------------------------------------

\7\ Available online at <a href="http://www.sba.gov/document/support-table-size-standards">www.sba.gov/document/support-table-size-standards</a> (last accessed February 13, 2023).
---------------------------------------------------------------------------

One aspect of assessing manufacturer burden involves examining the
cumulative impact of multiple DOE standards and the product-specific
regulatory actions of other Federal agencies that affect the
manufacturers of a covered product or equipment. While any one
regulation may not impose a significant burden on manufacturers, the
combined effects of several existing or impending regulations may have
serious consequences for some manufacturers, groups of manufacturers,
or an entire industry. Assessing the impact of a single regulation may
overlook this cumulative regulatory burden. In addition to energy
conservation standards, other regulations can significantly affect
manufacturers' financial operations. Multiple regulations affecting the
same manufacturer can strain profits and lead companies to abandon
product lines or markets with lower expected future returns than
competing products. For these reasons, DOE conducts an analysis of
cumulative regulatory burden as part of its rulemakings pertaining to
appliance efficiency.
To the extent feasible, DOE seeks the names and contact information
of any domestic or foreign-based manufacturers that distribute FLBs in
the United States.
DOE identified small businesses as a subgroup of manufacturers that
could be disproportionally impacted by amended energy conservation
standards. DOE requests the names and contact information of small
business manufacturers, as defined by the SBA's size threshold, of FLBs
that manufacture products in the United States. In addition, DOE
requests comment on any other manufacturer subgroups that could be
disproportionally impacted by amended energy conservation standards.
DOE requests feedback on any potential approaches that could be
considered to address impacts on manufacturers, including small
businesses.
DOE requests information regarding the cumulative regulatory burden
impacts on manufacturers of FLBs associated with (1) other DOE
standards applying to different products that these manufacturers may
also make and (2) product-specific regulatory actions of other Federal
agencies. DOE also requests comment on its methodology for computing
cumulative regulatory burden and whether there are any flexibilities it
can consider that would reduce this burden while remaining consistent
with the requirements of EPCA.

III. Submission of Comments

DOE invites all interested parties to submit in writing by the date
specified in the DATES section of this document, comments and
information on matters addressed in this document and on other matters
relevant to DOE's consideration of amended energy conservations
standards for FLBs. After the close of the comment period, DOE will
review the public comments received and may begin collecting data and
conducting the analyses discussed in this document.
Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies Office 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. If this instruction is followed, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. 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. No 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. Pursuant 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 to <a href="/cdn-cgi/l/email-protection#783e343a4a484a4b2b2c3c4848484d381d1d561c171d561f170e">[email&#160;protected]</a> two well-marked copies: one copy of
the document marked confidential including all the information believed
to be confidential,

[[Page 18098]]

and one copy of the document marked ``non-confidential'' with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
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).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in this process. Interactions with and between members
of the public provide a balanced discussion of the issues and assist
DOE. Anyone who wishes to be added to the DOE mailing list to receive
future notices and information about this process or would like to
request a public meeting should contact Appliance and Equipment
Standards Program staff at (202) 287-1445 or via email at
<a href="/cdn-cgi/l/email-protection#14556464787d757a77714760757a707566706745617167607d7b7a675471713a707b713a737b62">[email&#160;protected]</a>.

Signing Authority

This document of the Department of Energy was signed on March 21,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.

Signed in Washington, DC, on March 22, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-06265 Filed 3-24-23; 8:45 am]
BILLING CODE 6450-01-P

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