Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 80731 

(1) By having an NPA emerge as a ‘‘net 

effect’’ of the current licensing process 

rather than as an explicit request, nonproliferation is not given an adequate 

level of attention. The petitioner states 

that, under the current process, 

proliferation issues are spread across the 

entire license application process. As a 

result, the current process may overlook 

some properties of the new technology 

which may merit attention in a 

proliferation context. 

(2) Key questions that indicate the 

degree of proliferation risk of an ENR 

technology may not be addressed under 

the NRC’s ‘‘net effect’’ approach. The 

petitioner believes that a proliferation 

assessment would be incomplete 

without a consideration of these key 

questions, including, but not limited to: 

• Could the design of the technology 

be altered easily to allow for diversion 

of nuclear material? 

• Could the facility be constructed 

and operated in a manner that is 

undetectable? 

• Are there unique components of the 

technology whose acquisition would 

indicate the construction of such a 

facility and could be easily tracked? 

The petitioner proposes that the NRC 

amend its regulations at subpart D of 10 

CFR part 70, ‘‘Domestic Licensing of 

Special Nuclear Material,’’ to include a 

requirement for an NPA as follows: 

§ 70.22 Contents of applications. 

(o) Nuclear Proliferation Assessment. Each 

applicant for the license of an enrichment or 

reprocessing facility shall include an 

assessment of the proliferation risks that 

construction and operation of the proposed 

facility might pose. 

The petitioner believes that including 

a specific requirement for an NPA in the 

NRC regulations is consistent with the 

NRC requirement to evaluate whether 

the issuance of a license ‘‘would be 

inimical to the common defense and 

security or to the health and safety of 

the public.’’ 

Dated at Rockville, Maryland, this 16th day 

of December, 2010. 

For the Nuclear Regulatory Commission, 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–32242 Filed 12–22–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

Request for Exclusion of 120 Volt, 100 

Watt R20 Short Incandescent Reflector 

Lamps 

AGENCY: Office of the General Counsel, 

Department of Energy (DOE). 

ACTION: Petition for rulemaking; request 

for comment. 

SUMMARY: On November 29, 2010, the 

Department of Energy received a 

petition for rulemaking from the 

National Electrical Manufacturers 

Association (NEMA). The petition, 

requests the initiation of a rulemaking 

regarding a certain incandescent 

reflector lamp. The petition seeks to 

exclude from the coverage of energy 

conservation standards for incandescent 

reflector lamps a 120 volt, 100 watt R20 

short lamp, which is marketed for use 

in hot tub spas. Public comment is 

requested on whether DOE should grant 

the petition and proceed with a 

rulemaking procedure on this matter. 

DATES: Comments must be postmarked 

no later than January 24, 2011. 

ADDRESSES: Any comments submitted 

must reference ‘‘Petition for Rulemaking: 

Exclusion of 120 Volt, 100 Watt R20 

Short Incandescent Reflector Lamps.’’ 

Comments may be submitted using any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ShortLampsPetition-2010- 

PET-0047@ee.doe.gov. Include ‘‘Petition 

for Rulemaking’’ in the subject line of 

the message. 

• Postal Mail: John Cymbalsky, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: John 

Cymbalsky, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 287– 

1692, e-mail: 

john.cymbalsky@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Administrative Procedure Act (APA), 5 

U.S.C. 551 et seq., provides among other 

things, that ‘‘[e]ach agency shall give an 

interested person the right to petition 

for the issuance, amendment, or repeal 

of a rule.’’ (5 U.S.C. 553(e)). Pursuant to 

this provision of the APA, NEMA 

petitioned the Department of Energy for 

the issuance of a new rule, as set forth 

below. In publishing this petition for 

public comment, the Department of 

Energy is seeking views on whether it 

should grant the petition and undertake 

a rulemaking to consider the proposal 

contained in this petition. By seeking 

comment on whether to grant this 

petition, the Department of Energy takes 

no position at this time regarding the 

merits of the suggested rulemaking. 

The proposed rulemaking sought by 

NEMA would exclude 120 volt, 100 

watt R20 short lamps from coverage of 

energy conservation standards for 

incandescent reflector lamps. The 

petition requests the Department of 

Energy stay enforcement of its energy 

conservation standard as applied to this 

type of lamp pending the outcome of 

this petition. The Department of Energy 

seeks public comment on whether DOE 

should grant the petition and proceed 

with a rulemaking procedure on this 

issue. 

Issued in Washington, DC, on December 

17, 2010. 

Scott Blake Harris, 

General Counsel. 

Set forth below is the full text of the 

National Electrical Manufacturers 

Association petition: 

BEFORE THE U.S. DEPARTMENT OF 

ENERGY 

November 29, 2010 

Petition for Rulemaking 

U.S. Department of Energy Attention: Hon. 

Catherine R. Zoi Acting Under Secretary of 

Energy 1000 Independence Avenue, SW 

Washington, D.C. 20585 

RE: Petition of the National Electrical 

Manufacturers Association To Undertake 

Rulemaking To Exclude 120 Volt, 100 

Watt R20 Short Lamps from Coverage of 

Energy Conservation Standards for 

Incandescent Reflector Lamps. Request 

for Stay of Enforcement Pending 

Rulemaking 

Dear Under Secretary Zoi: 

The National Electrical Manufacturers 

Association (NEMA), on behalf of its 

members who distribute in commerce certain 

incandescent reflector lamps, petitions the 

Department to commence a rulemaking 

pursuant to the Administrative Procedure 

Act to (1) determine that a certain type of 

incandescent reflector lamp—a 120 volt, 100 

watt R20 short, which is marketed 

exclusively for use in hot tub spas sold into 

specific jurisdictions that provide pools and 


srobinson on DSKHWCL6B1PROD with PROPOSALS
80732 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 

1This particular language relating to designation 

on lamp packaging and marketing materials appears 

in Section 321 of EPCA with respect to the 

definitions of ‘‘rough service lamp,’’ ‘‘shatter 

resistant lamp,’’ and ‘‘vibration service lamp,’’ all of 

which are currently excluded from energy 

conservation standards applicable to general service 

incandescent lamps. 

2Sometimes this requirement is expressed as less 

than a maximum voltage (e.g. < 15V). 

3 ‘‘Incandescent reflector lamp (commonly 

referred to as a reflector lamp) means any lamp in 

which light is produced by a filament heated to 

incandescence by an electric current, which: Is not 

colored or designed for rough or vibration service 

applications that contains an inner reflective 

coating on the outer bulb to direct the light; has an 

R, PAR, ER, BR, BPAR, or similar bulb shapes with 

an E26 medium screw base; has a rated voltage or 

voltage range that lies at least partially in the range 

of 115 and 130 volts; has a diameter that exceeds 

2.25 inches; and has a rated wattage that is 40 watts 

or higher.’’ 

4EPAct 1992, amending EPCA, originally 

excluded ‘‘swimming pool’’ and ‘‘other underwater 

spas with 120 volt electricity—be excluded 

from the coverage of energy conservation 

standards for incandescent reflector lamps 

prescribed by or promulgated under section 

325(i) of the Energy Policy and Conservation 

Act (EPCA), 42 U.S.C. § 6295(i), as amended, 

and (2) amend the Department’s current 

energy conservation standard at 10 CFR 

§ 430.32(n)(6)(ii) and 10 CFR § 430.2 

(definitions). 

As grounds for this petition, NEMA 

believes that the rulemaking will conclude: 

(a) that energy conservation standards for this 

unique type of lamp will not result in 

significant energy savings, and (b) that this 

type of lamp is designed for special 

applications or has special characteristics not 

available in reasonably substitutable lamp 

types. 42 U.S.C. § 6291(30)(E). As further 

grounds for this rulemaking, NEMA believes 

that the rulemaking will show that the 

application of energy conservation standards 

for incandescent reflector lamps to this type 

of lamp—which has unique size, 

performance requirements, and capacity for 

use in certain types of hot tub spas that 

require smaller dimensions—would lead to 

their unavailability in the United States. Cf., 

42 U.S.C. § 6295(o)(4). 

Separately, NEMA requests the Department 

stay enforcement of its energy conservation 

standard as applied to this type of lamp 

pending the outcome of this rulemaking, so 

that sales of this type of lamp may be 

resumed. For the reasons explained below, 

the two manufacturers who previously 

distributed the 100 watt R20 short lamp in 

commerce recently realized that they 

harbored a mistaken belief that this type of 

underwater service lamp was excluded from 

coverage under EPCA. Both companies 

immediately withdrew the product from the 

market when they realized their mistake. 

This decision has created significant 

hardships for hot tub spa manufacturers that 

used this unique lamp type, as there is no 

known substitute for it on the market. This 

also means that owners of hot tub spas that 

use this unique lamp type will not have 

replacement lamps available for their spas 

when their lamps reach end of life. 

Definition of the Lamp Type for Which a 

Rule Is Sought 

The lamp type is a 100 watt R20 short 

incandescent reflector lamp. The term ‘‘short’’ 

refers to the fact that the maximum overall 

length (MOL) of the lamp is 35⁄8’’, in contrast 

to the normal overall length of 41⁄8’’. By this 

petition, NEMA proposes that 10 CFR § 430.2 

be amended as follows to include a new 

definition of ‘‘R20 short’’after the definition of 

‘‘R20 incandescent reflector lamp’’: 

§ 430.2 DEFINITIONS. 

For purposes of this part, words shall be 

defined as provided for in section 321 of the 

Act and as follows— 

* * * * * 

R20 incandescent reflector lamp means a 

reflector lamp that has a face diameter of 

approximately 2.5 inches, as shown in figure 

1(R) on page 7 of ANSI C79.1–1994 

(incorporated by reference; see § 430.3). 

R20 short means an R20 incandescent 

reflector lamp that has a maximum overall 

length of 35⁄8 inches. 

Nature of the Exclusion for Which a Rule 

Is Sought 

10 CFR § 430.32(n)(6)(ii) currently 

excludes from the energy conservation 

standards applicable to the covered product 

‘‘incandescent reflector lamp’’ three types of 

incandescent reflector lamps. By this 

petition, NEMA proposes that 10 CFR 

§ 430.32(n)(6)(ii) be amended to add a new 

paragraph (D) to this section as shown below. 

§ 430.32 ENERGY AND WATER CONSERVATION

STANDARDS AND THEIR EFFECTIVE DATES. 

The energy and water (in the case of 

faucets, showerheads, water closets, and 

urinals) conservation standards for the 

covered product classes are: 

* * * * * 

(n) General service fluorescent lamps and 

incandescent reflector lamps. 

(6)(i)(A) Subject to the exclusions in 

paragraph (n)(6)(ii) of this section, the 

standards specified in this section shall 

apply to ER incandescent reflector lamps, BR 

incandescent reflector lamps, BPAR 

incandescent reflector lamps, and similar 

bulb shapes on and after January 1, 2008. 

(B) Subject to the exclusions in paragraph 

(n)(6)(ii) of this section, the standards 

specified in this section shall apply to 

incandescent reflector lamps with a diameter 

of more than 2.25 inches, but not more than 

2.75 inches, on and after June 15, 2008. 

(ii) The standards specified in this section 

shall not apply to the following types of 

incandescent reflector lamps: 

(A) Lamps rated at 50 watts or less that are 

ER30, BR30, BR40, or ER40 lamps; 

(B) Lamps rated at 65 watts that are BR30, 

BR40, or ER40 lamps; 

(C) R20 incandescent reflector lamps rated 

45 watts or less; or 

(D) R20 short incandescent reflector lamps 

rated at 100 watts that are designated and 

marketed specifically for pool and spa 

applications with— 

(I) the designation appearing on the lamp 

packaging; and 

(II) marketing materials that identify the 

lamp as being for pool and spa applications.1

The lamp at issue comes in two different 

voltage configurations: 12V and 120V. Some 

state and local jurisdictions allow pools and 

spas to be supplied with 120V electricity; the 

remainder require pools and spas to be 

supplied with much lower voltage 

electricity 2 via a distribution transformer 

that steps down voltage to the pool lights 

where the 12 volt lamp is used. NEMA has 

not been able to find a list of which 

jurisdictions have adopted one requirement 

over the other, but the so-called ‘‘line voltage’’ 

(120V) jurisdictions appear to include 

Florida, and a number of jurisdictions 

primarily located in the Midwest. The 

statutory definition of ‘‘incandescent reflector 

lamp’’ only includes such lamps that are 

within the range of 115 volts and 130 volts, 

see 10 CFR § 430.2,3 which leaves the 12 volt 

version of the 100 watt R20 short lamp 

unregulated under EPCA. 

Why the Exclusion Is Needed 

Hot tub spa manufacturers design the 

dimensions of some hot tubs so that the 

underwater lighting can only accommodate a 

luminaire and lamp with a maximum overall 

length of 3 and 5⁄8 inches. They also seek a 

luminaire/lamp combination that is designed 

to light the spa with a certain lumen output 

providing diffuse (not directed) illumination 

that requires a wide beam spread. The 100 

watt R20 short is the only lamp that meets 

the spa manufacturers’ specifications and is 

used in these particular spas. These 100 watt 

lamps have a heat shield inside the base to 

protect against high heat damaging the 

cement that joins the base to the glass 

envelope, and the filament has been specially 

engineered to provide the desired beam 

spread required by spa manufacturers. Given 

the underwater application in waters in 

excess of 100 degrees F, an electronic lamp 

product is not an alternative. 

Current energy conservation standards for 

a 100 watt incandescent reflector lamp 

require that the lamp have 14 lumens per 

watt. 42 U.S.C. § 6295(i)(1)(B). The 100 watt 

R20 short has lumens of 900 to 1000, which 

translates to a maximum lumens per watt of 

9 or 10. It is not possible to increase the 

lumens in this lamp without increasing the 

maximum overall length of the lamp because 

a higher lumen filament would operate at a 

higher temperature, which could potentially 

cause the lamp to burst and/or damage the 

luminaire and/or hot tub. As this lamp is 

used in an underwater fixture, the 

implications surrounding potential safety 

hazards would prohibit the use of higher 

lumen lamp in this application. Additionally, 

a higher lumen filament would result in 

severely shortened lamp life that would be 

unacceptable in spa applications. 

Until September 2010, there were only two 

known manufacturers of the 120 volt 100 

watt R20 short lamp supplying in the United 

States to spa manufacturers whose spa 

designs required this lamp. They had been 

supplying this lamp on the mistaken belief 

that EPCA had excluded pool and 

underwater service lamps from coverage. 

They relied on the Federal Trade 

Commission’s 1994 lamp labeling rule, 

which treated an incandescent reflector lamp 

as a general service incandescent lamp, see 

16 CFR § 305.2(16), and applied EPCA’s 

exclusions from the definition of general 

service incandescent lamp 4 to incandescent 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 80733 

service’’ lamps from coverage for ‘‘general service 

incandescent lamps.’’ The FTC’s 1994 lamp labeling 

rule exclusions mirrored the statutory list. 

‘‘(D) The term ‘general service incandescent lamp’ 

means any incandescent lamp (other than a 

miniature or photographic lamp) that has an E26 

medium screw base, a rated voltage range at least 

partially within 115 and 130 volts, and which can 

be used to satisfy the majority of lighting 

applications, but does not include any lamps 

specifically designed for— 

* * * 

‘‘(xiii) swimming pool or other underwater 

service; * * * 

EISA 2007 eliminated this particular exclusion 

for general service incandescent lamps. 

5The underscored information provided in blank 

on this page is considered confidential commercial 

information, and exempt from disclosure pursuant 

to 5 U.S.C. § 552(b)(4). NEMA’s antitrust 

compliance disclosure rules prohibit the disclosure 

of any information containing the shipment or sales 

data of only one or two reporting companies and 

NEMA is precluded by its policies governing the 

handling of confidential information from 

disclosing individual company data to anyone. 

Accordingly, NEMA can only supply aggregated 

information on shipments of the 120 volt, 100 watt, 

R20 short lamp to the Department on a confidential 

basis. NEMA and the two manufacturers claim an 

exemption from disclosure under the Freedom of 

Information Act pursuant to 5 U.S.C. § 552(b)(4), 

and state (1) that this information is held in 

confidence by NEMA and the two manufacturers, 

(2) the information is of a type customarily held in 

confidence by NEMA and the two manufacturers, 

(3) the information is transmitted to the Department 

in confidence, (4) the information is not available 

in public sources, (5) the disclosure of this 

information is likely to impair the Department’s 

ability to obtain this kind of information in the 

future, and (6) disclosure is likely to cause 

competitive harm to the two manufacturers. 10 

C.F.R. § 1004.11(f). 

reflector lamps. When they discovered that 

neither EPCA nor the DOE rules treated this 

lamp similar to the way the FTC treated 

them, they promptly withdrew the product 

from the market. This leaves the hot tub 

manufacturers without a supply of these 

lamps and leaves spa owners purchasing in 

the replacement market without a supply of 

these lamps. The product is sold in the 

replacement market to spa manufacturers, 

pool and spa product distributors, 

maintenance/repair and janitorial 

distributors. 

Grounds for the Petition and 

Rulemaking 

The application of energy conservation 

standards to the 120V, 100 watt R20 

short lamp will not result in significant 

energy savings. 

The two known manufacturers of the 120 

volt 100 watt, R20 short have supplied their 

2009 shipment data to NEMA to evaluate the 

percentage of overall incandescent reflector 

lamps accounted for by this particular lamp. 

This information is set forth in the 

confidential Annex to this petition, and it 

reveals that these lamps are an extremely 

small portion of incandescent reflector lamp 

shipments. By NEMA’s analysis, sales of this 

lamp represent significantly less than 0.10% 

of 2009 shipments of covered incandescent 

reflector lamps. See attached Confidential 

Annex. 

Because NEMA’s antitrust compliance 

disclosure rules prohibit the disclosure of 

any information containing the shipment or 

sales data of only one or two reporting 

companies and NEMA is precluded by its 

policies governing the handling of 

confidential information from disclosing 

individual company data to anyone, NEMA 

can only supply information on shipments of 

the 120 volt, 100 watt, R20 short lamp to the 

Department on a confidential basis. NEMA 

and the two manufacturers claim an 

exemption from disclosure under the 

Freedom of Information Act pursuant to 5 

U.S.C. § 552(b)(4), and states (1) that this 

information is held in confidence by NEMA 

and the two manufacturers, (2) the 

information is of a type customarily held in 

confidence by NEMA and the two 

manufacturers, (3) the information is 

transmitted to the Department in confidence, 

(4) the information is not available in public 

sources, (5) the disclosure of this information 

is likely to impair the Department’s ability to 

obtain this kind of information in the future, 

and (6) disclosure is likely to cause 

competitive harm to the two manufacturers. 

10 CFR § 1004.11(f). 

In the 2009 rulemaking for incandescent 

reflector lamps, DOE considered a proposal 

to extend the upper bound of the covered 

product to 505 watts (from 205 watts) and 

stated, ‘‘DOE analyzed commerciallyavailable product in manufacturer catalogs to 

assess the prevalence of products with 

wattages greater than 205W. Based on this 

research, DOE believes that IRL with rated 

wattages greater than 205W comprise a very 

small portion of the market and, therefore, do 

not represent substantial potential energy 

savings.’’ 74 Fed.Reg. at 34092 (July 14, 

2009). NEMA believes that the portion of the 

market represented by the 120V, 100 watt, 

R20 short is smaller than the portion of the 

market of incandescent reflector lamps 

represented by lamps above 205 watts, and, 

because of their lower wattage, less energy is 

consumed. Thus, a similar conclusion 

appears to be warranted in the case of these 

unique spa lamps. 

This type of lamp is designed for 

special applications or has special 

characteristics not available in 

reasonably substitutable lamp types. 

There are presently no substitute products 

on the market for this application. As noted 

above, the product is used for a unique 

specification in hot tub spas where space 

limitations in the design of the spa will not 

permit a luminaire sized for a lamp with a 

normal 41⁄8′′ MOL, and instead requires a 

‘‘short’’ lamp with an MOL of 35⁄8′′. Second, 

this R20 short lamp was specifically designed 

to meet the underwater illumination 

requirements of hot tub spa manufacturers, 

including beam spread and lumens. 

Consumers are not likely to substitute 

this lamp for other types of residential 

covered lamps subject to energy 

conservation standards. 

The price of the replacement 120V, 100 

watt, R20 short lamp at retail ranges from 

$10–$20 per lamp. It is relatively expensive 

compared to other types of incandescent 

reflector lamps used in residential 

applications—more than twice the price. 

Furthermore, since the product is marked on 

the packaging for pool and spa applications, 

this deters consumers from considering the 

lamp for general lighting applications in the 

home. 

These lamps are sold through different 

retail channels than other residential covered 

lamps, and generally not found at stores 

where consumers are shopping for general 

residential lighting applications. Consumers 

will have to incur greater search costs to find 

this type of lamp, and for those who do find 

it, they will see that it is for pool and spa 

applications and that it costs substantially 

more. 

If not excluded from coverage under 

the Energy Policy and Conservation Act, 

it will result in the unavailability of the 

lamp in the United States. 

To the best of NEMA’s knowledge and its 

manufacturers, the decision of the two 

manufacturers of this 120 volt lamp to 

withdraw the product from the market has 

resulted in its unavailability. 

If there is additional information that 

NEMA can provide in support of this 

petition, please contact the undersigned at 

Cla_Silcox@nema.org or by telephone at 

(703) 841–3280. 

Very truly yours, 

Clark R. Silcox 

General Counsel 

cc: Scott Blake Harris, Esq. 

Daniel Cohen, Esq. 

Laura Barhydt, Esq. 

Kathleen Hogan 

Michael McCabe 

Roland Risser 

Kyle Pitsor, NEMA 

CONFIDENTIAL ANNEX 5

Total Reported 2009 shipments = lll 

units 

In the Technical Support Document (TSD) 

that accompanied the DOE’s Final Rule on 

incandescent reflector lamps, the DOE 

estimated 2005 shipments of ‘‘covered’’ 

incandescent reflector lamp shipments for 

the US market at 181 million units. TSD, 

Chapter 10 at 10–34. While NEMA does not 

regularly collect shipment data for 

incandescent reflector lamps that matches 

this classification, NEMA shipment data for 

the year 2009 indicates that annual 

incandescent reflector lamp shipments have 

fallen significantly since 2005. Still, the 

NEMA data leads NEMA to believe that the 

2009 shipments of ‘‘covered’’ incandescent 

reflector lamps remained above 100 million 

units. 

Based on a range from a maximum 181 

million units to a minimum of 100 million 

units of covered incandescent reflector lamp 

product, the 2009 shipments of the 120 volt, 

100 watt R20 short lamp represent __ % 

to __ % of covered incandescent reflector 

lamps. 

[FR Doc. 2010–32259 Filed 12–22–10; 8:45 am] 

BILLING CODE 6450–01–P 


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