79054 Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations 

been disconnected, moved, or loosened, in 

accordance with paragraph (i) of this AD. 

(i) Inspection Criteria 

Inspect the fuel injector fuel lines and 

clamps between the fuel manifold and the 

fuel injector nozzles, and replace as 

necessary any fuel injector fuel line and 

clamp that does not meet all conditions 

specified in Lycoming Engines MSB No. 

342F, dated June 4, 2010. 

(j) Alternative Methods of Compliance 

(AMOCs) 

The Manager, New York Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD if requested 

using the procedures found in 14 CFR 39.19. 

AMOCs approved previously in accordance 

with AD 2008–14–07, Amendment 39–15602, 

are approved as AMOCs for the 

corresponding requirements in paragraph (h) 

of this AD. 

(k) Related Information 

(1) For more information about this AD, 

contact Norm Perenson, Aerospace Engineer, 

New York Aircraft Certification Office, FAA, 

Engine & Propeller Directorate, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

phone: (516) 228–7337; fax: (516) 794–5531; 

email: Norman.perenson@faa.gov. 

(2) FAA Special Airworthiness Information 

Bulletin No. NE–07–49, dated September 20, 

2007, is not mandatory, but has additional 

information on this subject. 

(l) Material Incorporated by Reference 

(1) You must use Lycoming Engines 

Mandatory Service Bulletin No. 342F, dated 

June 4, 2010, to perform the actions required 

by this AD. 

(2) The Director of the Federal Register 

approved the incorporation by reference of 

this service bulletin in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

(3) Contact Lycoming Engines, 652 Oliver 

Street, Williamsport, PA 17701, or go to 

www.lycoming.textron.com for a copy of this 

service information. You may review copies 

at the FAA, New England Region, 12 New 

England Executive Park, Burlington, MA. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call (202) 741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Burlington, Massachusetts, on 

December 5, 2011. 

Peter A. White, 

Manager, Engine & Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–32467 Filed 12–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

The Commerce Control List 

CFR Correction 

■ In Title 15 of the Code of Federal 

Regulations, Parts 300 to 799, revised as 

of January 1, 2011, on page 704, in 

Supplement No. 1 of Part 774, ECCN 

1E001 is amended by removing the first 

entry in the table under Reasons for 

control for NS Column 1 and adding an 

entry following the remaining NS 

Column 1 entry that reads ‘‘NS applies 

to ‘‘technology’’ for items controlled by 

1A004.......NS Column 2’’. 

[FR Doc. 2011–32747 Filed 12–20–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

Bureau of Economic Analysis 

15 CFR Part 806 

[Docket No. 110822526–1715–02] 

RIN 0691–AA80 

Direct Investment Surveys: BE–12, 

Benchmark Survey of Foreign Direct 

Investment in the United States 

AGENCY: Bureau of Economic Analysis, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

regulations of the Department of 

Commerce’s Bureau of Economic 

Analysis (BEA) to set forth the reporting 

requirements for the 2012 BE–12, 

Benchmark Survey of Foreign Direct 

Investment in the United States. The 

BE–12 survey is conducted every five 

years; the prior survey covered 2007. 

The benchmark survey covers the 

universe of foreign direct investment in 

the United States, and is BEA’s most 

detailed survey of such investment. For 

the 2012 benchmark survey, BEA is 

changing reporting thresholds and data 

items collected, as well as changing the 

names and design of the survey forms. 

The changes are intended to align the 

data collection program for 

multinational companies with available 

resources and align the statistics on 

multinational companies with recent 

changes in financial accounting 

standards and international statistical 

standards. 

DATES: This final rule will be effective 

January 20, 2012. 

FOR FURTHER INFORMATION CONTACT: 

David H. Galler, Chief, Direct 

Investment Division (BE–50), Bureau of 

Economic Analysis, U.S. Department of 

Commerce, Washington, DC 20230; 

email David.Galler@bea.gov or phone 

(202) 606–9835. 

SUPPLEMENTARY INFORMATION: On 

September 21, 2011, BEA published a 

notice of proposed rulemaking that set 

forth revised reporting criteria for the 

BE–12, Benchmark Survey of Foreign 

Direct Investment in the United States 

(76 FR 58420–58424). No comments on 

the proposed rule were received. Thus 

the proposed rule is adopted without 

change. This final rule amends 15 CFR 

806.17 to set forth the reporting 

requirements for the BE–12, Benchmark 

Survey of Foreign Direct Investment in 

the United States. 

The BEA conducts the BE–12 survey 

under the authority of the International 

Investment and Trade in Services 

Survey Act (22 U.S.C. 3101–3108), 

hereinafter, ‘‘the Act.’’ Section 3103(b) 

of the Act provides that ‘‘with respect to 

foreign direct investment in the United 

States, the President shall conduct a 

benchmark survey covering year 1980, a 

benchmark survey covering year 1987, 

and benchmark surveys covering every 

fifth year thereafter.’’ 

The benchmark survey covers the 

universe of foreign direct investment in 

the United States in terms of value, and 

is BEA’s most detailed survey of such 

investment. Foreign direct investment 

in the United States is defined as the 

ownership or control, directly or 

indirectly, by one foreign person 

(foreign parent) of ten percent or more 

of the voting securities of an 

incorporated U.S. business enterprise or 

an equivalent interest in an 

unincorporated U.S. business 

enterprise, including a branch. 

The purpose of the benchmark survey 

is to obtain universe data on the 

financial and operating characteristics 

of U.S. affiliates, and on positions and 

transactions between U.S. affiliates and 

their foreign parent groups (which are 

defined to include all foreign parents 

and foreign affiliates of foreign parents). 

These data are needed to measure the 

size and economic significance of 

foreign direct investment in the United 

States, measure changes in such 

investment, and assess its impact on the 

U.S. economy. Such data are generally 

found in enterprise-level accounting 

records of respondent companies. These 

data are used to derive current universe 

estimates of direct investment from 

sample data collected in other BEA 

surveys in nonbenchmark years. In 

particular, they serve as benchmarks for 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations 79055 

the quarterly direct investment 

estimates included in the U.S. 

international transactions and national 

income and product accounts, and for 

annual estimates of the foreign direct 

investment position in the United States 

and of the operations of the U.S. 

affiliates of foreign companies. 

BEA will make the survey available 

via eFile, BEA’s electronic filing system, 

in March 2012, for the convenience of 

respondents who may wish to file as 

soon as their 2012 fiscal year ends. BEA 

will send printed survey forms to 

potential respondents in March 2013; 

responses will be due by May 31. 

Description of Changes 

The changes revise the regulations 

and the survey forms for the BE–12 

benchmark survey. These amendments 

include changes in reporting thresholds 

and data items collected, as well as 

changes in the names and design of the 

survey forms. Several of these 

amendments are part of a larger program 

to align the data collection program for 

multinational companies with available 

resources. 

Under the revised regulations, U.S. 

affiliates report their information, 

regardless of industry, on one of four 

forms—BE–12A, BE–12B, BE–12C, or 

BE–12 Claim for Not Filing. Data on 

U.S. affiliates that are banks, bank 

holding companies, or financial holding 

companies are collected on the same 

survey forms as data on other U.S. 

affiliates. 

The amount of information required 

to be reported by each U.S. affiliate is 

determined by the size of the affiliate’s 

assets, sales or gross operating revenue, 

and net income. The reporting 

requirements for the four forms are— 

(a) Form BE–12(A)—Report for 

majority-owned U.S. affiliates with total 

assets, sales or gross operating revenues, 

or net income greater than $300 million, 

positive or negative. 

(b) Form BE–12B—Report for 

majority-owned U.S. affiliates with total 

assets, sales or gross operating revenues, 

or net income greater then $60 million, 

positive or negative, but not greater than 

$300 million, positive or negative, and 

minority-owned U.S. affiliates with total 

assets, sales or gross operating revenues, 

or net income greater than $60 million, 

positive or negative. 

(c) Form BE–12(C)—Report for U.S. 

affiliates with total assets, sales or gross 

operating revenues, or net income less 

than or equal to $60 million, positive or 

negative. The smallest U.S. affiliates— 

those with total assets, sales or gross 

operating revenues, or net income less 

than or equal to $20 million, positive or 

negative—file only a few items on Form 

BE–12(C). 

(d) Form BE–12 Claim for Not 

Filing—Report to be filed by U.S. 

persons who are not subject to the 

reporting requirements for the BE–12 

benchmark survey, but have been 

contacted by BEA concerning their 

reporting status. 

In addition to the changes in the 

reporting criteria, BEA hereby adds and 

deletes some items on one of the 

benchmark survey forms. The following 

items are added to Form BE–12A (no 

additions are made to the other BE–12 

forms): 

(1) Questions are added regarding the 

use of fair value accounting on the 

balance sheet. Companies that indicate 

that they used fair value accounting are 

asked to provide the amount of: net 

property, plant, and equipment; of total 

assets; and of total liabilities recorded at 

fair value. 

(2) Questions are added to collect 

information on assets, liabilities, and 

interest receipts and payments that are 

related to banking activities. 

(3) Several check-box questions are 

added asking whether U.S. affiliates 

purchased contract manufacturing 

services from others or performed 

contract manufacturing services for 

others. They are also asked whether 

they owned the materials used in 

contract manufacturing and if the 

company that performed or purchased 

the service was located in the United 

States or abroad. 

(4) A question is added asking if the 

U.S. affiliate has equity in its foreign 

parent(s) (reverse investment). An item 

is added to collect voting percentage, 

equity percentage, and the dollar 

amount of the investment. 

(5) Several check-box questions are 

added to ensure that certain types of 

finance companies do not report 

intercompany debt to BEA that is 

already reported on Treasury 

International Capital surveys. 

BEA also eliminates the following 

items from the benchmark survey: 

selected balance sheet items (BE–12A); 

the breakdown of sales of services to 

foreign persons into sales of services to 

the foreign parent group, to foreign 

affiliates owned by the affiliate, and to 

other foreign persons (BE–12A); the 

breakdown of employment and 

employee compensation by 

occupational classification (BE–12A, 

BE–12B); the breakdown of total 

employee compensation into wages and 

salaries and employee benefit plans 

(BE–12A); data on the composition of 

external finances (BE–12A); 

manufacturing employment by state 

(BE–12A, BE–12B); gross property, 

plant, and equipment by state (BE–12A, 

BE–12B); commercial property by state 

(BE–12A, BE–12B); the location of the 

primary U.S. headquarters of the U.S. 

affiliate (BE–12A, BE–12B, BE–12C); 

number of employees covered by 

collective bargaining agreements (BE– 

12A); acres of U.S. land owned (BE– 

12A, BE–12B, BE–12C); basis (shipped 

or charged) for trade data (check-box 

questions) (BE–12A); exports/imports 

shipped to/by foreign affiliates owned 

by U.S. affiliate by country of origin/ 

destination (as in the benchmark 

surveys for 2002 and earlier years, these 

columns will be combined with the 

columns ‘‘shipped to/by all other 

foreign persons;’’ BE–12A); and 

withholding taxes on intercompany 

interest payments and interest receipts 

(BE–12A). 

In addition, BEA renames and 

redesigns the survey forms. The new 

design incorporates improvements made 

to other BEA surveys. Survey 

instructions and data item descriptions 

are changed to improve clarity, make 

the benchmark survey forms more 

consistent with those of other BEA 

surveys, and provide updated 

information on accounting standards. 

Executive Order 12866 

This final rule has been determined to 

be not significant for purposes of E.O. 

12866. 

Executive Order 13132 

This final rule does not contain 

policies with Federalism implications 

sufficient to warrant preparation of a 

Federalism assessment under E.O. 

13132. 

Paperwork Reduction Act 

The collection of information in this 

final rule has been submitted to the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). OMB approved the 

information collection under OMB 

control number 0608–0042. 

Notwithstanding any other provisions 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection displays a currently valid 

OMB control number. 

The BE–12 survey is expected to 

result in the filing of reports from 

approximately 19,950 U.S. affiliates. 

The respondent burden for this 

collection of information will vary from 

one company to another, but is 

estimated to average 9.7 hours per 

response, including time for reviewing 

instructions, searching existing data 


jlentini on DSK4TPTVN1PROD with RULES
79056 Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Thus the total respondent burden for 

this survey is estimated at 194,150 

hours, compared to 209,650 hours for 

the previous (2007) benchmark survey. 

The decrease in burden hours is due to 

a reduction in the number of data items 

on the form which reduces the average 

burden per form, and increased 

reporting thresholds which allow more 

respondents to file on shorter forms. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in the final rule 

should be sent to both BEA via email at 

David.Galler@bea.gov or by FAX at 

(202) 606–2894, and to OMB, O.I.R.A., 

Paperwork Reduction Project 0608– 

0042, Attention PRA Desk Officer for 

BEA, via email at pbugg@omb.eop.gov 

or by FAX at (202) 395–7245. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation, 

Department of Commerce, certified at 

the proposed rule stage to the Chief 

Counsel for Advocacy, Small Business 

Administration, under the provisions of 

the Regulatory Flexibility Act (RFA), 5 

U.S.C. 605(b), that this final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

the certification or the economic impact 

of the rule more generally. No final 

regulatory flexibility analysis was 

prepared. 

List of Subjects in 15 CFR Part 806 

Economic statistics, Foreign 

investment in the United States, 

International transactions, Penalties, 

Reporting and recordkeeping 

requirements. 

Dated: November 28, 2011. 

J. Steven Landefeld, 

Director, Bureau of Economic Analysis. 

For reasons set forth in the preamble, 

BEA amends 15 CFR part 806 as 

follows: 

PART 806—DIRECT INVESTMENT 

SURVEYS 

■ 1. The authority citation for 15 CFR 

part 806 continues to read as follows: 

Authority: 5 U.S.C. 301; 22 U.S.C. 3101– 

3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86), 

as amended by E.O. 12318 (3 CFR, 1981 

Comp., p. 173), and E.O. 12518 (3 CFR, 1985 

Comp., p. 348). 

■ 2. Section 806.17 is revised to read as 

follows: 

§ 806.17 Rules and regulations for BE–12, 

Benchmark Survey of Foreign Direct 

Investment in the United States—2012. 

A BE–12, Benchmark Survey of 

Foreign Direct Investment in the United 

States, will be conducted covering 2012. 

All legal authorities, provisions, 

definitions, and requirements contained 

in § 806.1 through § 806.13 and 

§ 806.15(a) through (g) are applicable to 

this survey. Specific additional rules 

and regulations for the BE–12 survey are 

given in this section. 

(a) Response required. A response is 

required from persons subject to the 

reporting requirements of the BE–12, 

Benchmark Survey of Foreign Direct 

Investment in the United States—2012, 

contained in this section, whether or not 

they are contacted by BEA. Also, a 

person, or their agent, contacted by BEA 

about reporting in this survey, either by 

sending them a report form or by 

written inquiry, must respond pursuant 

to § 806.4. This may be accomplished 

by: 

(1) Certifying in writing, by the due 

date of the survey, to the fact that the 

person is not a U.S. affiliate of a foreign 

person and not subject to the reporting 

requirements of the BE–12 survey; 

(2) Completing and returning the 

‘‘BE–12 Claim for Not Filing’’ by the due 

date of the survey; or 

(3) Filing the properly completed BE– 

12 report—Form BE–12A, Form BE– 

12B, or Form BE–12C—by May 31, 

2013. 

(b) Who must report. A BE–12 report 

is required for each U.S. affiliate, that is, 

for each U.S. business enterprise in 

which a foreign person (foreign parent) 

owned or controlled, directly or 

indirectly, 10 percent or more of the 

voting securities in an incorporated U.S. 

business enterprise, or an equivalent 

interest in an unincorporated U.S. 

business enterprise, at the end of the 

business enterprise’s fiscal year that 

ended in calendar year 2012. A BE–12 

report is required even if the foreign 

person’s ownership interest in the U.S. 

business enterprise was established or 

acquired during the 2012 reporting year. 

(c) Forms to be filed. (1) Form BE–12A 

must be completed by a U.S. affiliate 

that was majority-owned by one or more 

foreign parents (for purposes of this 

survey, a ‘‘majority-owned’’ U.S. 

affiliate is one in which the combined 

direct and indirect ownership interest of 

all foreign parents of the U.S. affiliate 

exceeds 50 percent), if on a fully 

consolidated basis, or, in the case of real 

estate investment, on an aggregated 

basis, any one of the following three 

items for the U.S. affiliate (not just the 

foreign parent’s share), was greater than 

$300 million (positive or negative) at the 

end of, or for, its fiscal year that ended 

in calendar year 2012: 

(i) Total assets (do not net out 

liabilities); 

(ii) Sales or gross operating revenues, 

excluding sales taxes; or 

(iii) Net income after provision for 

U.S. income taxes. 

(2) Form BE–12B must be completed 

by: 

(i) A majority-owned U.S. affiliate if, 

on a fully consolidated basis, or, in the 

case of real estate investment, on an 

aggregated basis, any one of the three 

items listed in paragraph (c)(1) of this 

section (not just the foreign parent’s 

share), was greater than $60 million 

(positive or negative) but none of these 

items was greater than $300 million 

(positive or negative) at the end of, or 

for, its fiscal year that ended in calendar 

year 2012. 

(ii) A minority-owned U.S. affiliate if, 

on a fully consolidated basis, or, in the 

case of real estate investment, on an 

aggregated basis, any one of the three 

items listed in paragraph (c)(1) of this 

section (not just the foreign parent’s 

share), was greater than $60 million 

(positive or negative) at the end of, or 

for, its fiscal year that ended in calendar 

year 2012. (A ‘‘minority-owned’’ U.S. 

affiliate is one in which the combined 

direct and indirect ownership interest of 

all foreign parents of the U.S. affiliate is 

50 percent or less.) 

(3) Form BE–12C must be completed 

by a U.S. affiliate if, on a fully 

consolidated basis, or, in the case of real 

estate investment, on an aggregated 

basis, none of the three items listed in 

paragraph (c)(1) of this section for a U.S. 

affiliate (not just the foreign parent’s 

share), was greater than $60 million 

(positive or negative) at the end of, or 

for, its fiscal year that ended in calendar 

year 2012. 

(4) BE–12 Claim for Not Filing will be 

provided for response by persons that 

are not subject to the reporting 

requirements of the BE–12 survey but 

have been contacted by BEA concerning 

their reporting status. 

(d) Aggregation of real estate 

investments. All real estate investments 

of a foreign person must be aggregated 

for the purpose of applying the 

reporting criteria. A single report form 

must be filed to report the aggregate 

holdings, unless written permission has 

been received from BEA to do 

otherwise. Those holdings not 

aggregated must be reported separately 

on the same type of report that would 

have been required if the real estate 

holdings were aggregated. 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / Rules and Regulations 79057 

1Though the July 19, 2010 notice set the effective 

date as July 19, 2011, the Commission subsequently 

changed that date to January 1, 2012. See 76 FR 

20233 (April 12, 2011). 

2The definition of ‘‘incandescent lamp’’ in the 

published Federal Register Notice contained an 

inadvertent error stating that the diameter of 

covered reflector lamps exceeds ‘‘2.75 inches’’ 

(§ 305.3(n)(1)(ii)). The correct number, consistent 

with the underlying statute, is ‘‘2.25 inches.’’ See 

42 U.S.C. 6291(30)(C); and 75 FR at 41699, n. 18, 

and 41713. 

(e) Due date. A fully completed and 

certified Form BE–12A, BE–12B, BE– 

12C, or BE–12 Claim for Not Filing is 

due to be filed with BEA not later than 

May 31, 2013. 

[FR Doc. 2011–32461 Filed 12–20–11; 8:45 am] 

BILLING CODE 3510–06–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

RIN 3084–AA74 

Appliance Labeling Rule 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Correcting amendments. 

SUMMARY: The Commission is issuing 

technical corrections to the Appliance 

Labeling Rule (16 CFR part 305). These 

corrections are necessary to ensure that 

amendatory language published on July 

19, 2010 (75 FR 41696) and scheduled 

to become effective on January 1, 2012 

is consistent with recently codified Rule 

amendments. 

DATES: Effective January 1, 2012. 

ADDRESSES: Requests for copies of this 

document are available from: Public 

Reference Branch, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

The complete record of this proceeding 

is also available at that address. 

Relevant portions of the proceeding, 

including this document, are available 

at http://www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Over the 

last two years, the Commission has 

issued amendments to its Appliance 

Labeling Rule (16 CFR part 305) in two 

separate Federal Register Notices 

involving: (1) Light bulbs (75 FR 41696 

(July 19, 2010)), and (2) television labels 

(76 FR 1038 (Jan. 6, 2011)). The effective 

dates of these two final rules differ. The 

television label amendments, published 

on January 6, 2011, became effective on 

May 10, 2011 while the earlier light 

bulbs amendments will not become 

effective until January 1, 2012.1 As a 

result, two amendatory instructions in 

the earlier light bulb notice are not 

consistent with the Rule’s current 

language as amended by the television 

Notice. In a separate notice, the 

Commission has issued a correction 

removing the obsolete instructions from 

the July 19, 2010 notice. Now, the 

Commission revises the Rule’s language 

to ensure its accuracy. In doing so, the 

Commission is also correcting an 

inadvertent error in the definition of 

‘‘incandescent lamp.’’ 2 Otherwise, the 

corrections in this Notice contain no 

substantive changes to the previously 

announced Rule amendments. 

List of Subjects in 16 CFR Part 305 

Advertising, Energy conservation, 

Household appliances, Labeling, 

Reporting and recordkeeping 

requirements. 

For the reasons stated above, the 

Federal Trade Commission amends 16 

CFR part 305 as follows: 

PART 305—[AMENDED] 

■ 1. The authority citation for part 305 

continues to read as follows: 

Authority: 42 U.S.C. 6294. 

■ 2. In § 305.3, paragraphs (l) and (m) 

are revised, paragraphs (n), (o), (p), (q), 

(r), (s), (t), and (u) are redesignated as 

(r), (s), (t), (u), (v), (w), (x), and (y) 

respectively, and new paragraphs (n), 

(o), (p), and (q) are added to read as 

follows: 

§ 305.3 Description of covered products. 

* * * * * 

(l) General service lamp means: 

(1) A lamp that is: 

(i) A medium base compact 

fluorescent lamp; 

(ii) A general service incandescent 

lamp; 

(iii) A general service light-emitting 

diode (LED or OLED) lamp; or 

(iv) Any other lamp that the Secretary 

of Energy determines is used to satisfy 

lighting applications traditionally 

served by general service incandescent 

lamps. 

(2) Exclusions. The term general 

service lamp does not include— 

(i) Any lighting application or bulb 

shape described in paragraphs 

(n)(3)(ii)(A) through (T) of this section; 

and 

(ii) Any general service fluorescent 

lamp. 

(m) Medium base compact fluorescent 

lamp means an integrally ballasted 

fluorescent lamp with a medium screw 

base, a rated input voltage range of 115 

to 130 volts and which is designed as a 

direct replacement for a general service 

incandescent lamp; however, the term 

does not include— 

(1) Any lamp that is: 

(i) Specifically designed to be used for 

special purpose applications; and 

(ii) Unlikely to be used in general 

purpose applications, such as the 

applications described in the definition 

of ‘‘General Service Incandescent 

Lamp’’ in paragraph (n)(3)(ii) of this 

section; or 

(2) Any lamp not described in the 

definition of ‘‘General Service 

Incandescent Lamp’’ in this section and 

that is excluded by the Department of 

Energy, by rule, because the lamp is— 

(i) Designed for special applications; 

and 

(ii) Unlikely to be used in general 

purpose applications. 

(n) Incandescent lamp: 

(1) Means a lamp in which light is 

produced by a filament heated to 

incandescence by an electric current, 

including only the following: 

(i) Any lamp (commonly referred to as 

lower wattage nonreflector general 

service lamps, including any tungsten 

halogen lamp) that has a rated wattage 

between 30 and 199 watts, has an E26 

medium screw base, has a rated voltage 

or voltage range that lies at least 

partially within 115 and 130 volts, and 

is not a reflector lamp; 

(ii) Any lamp (commonly referred to 

as a reflector lamp) 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, an R, PAR, ER, 

BR, BPAR, or similar bulb shapes with 

E26 medium screw bases, a rated 

voltage or voltage range that lies at least 

partially within 115 and 130 volts, a 

diameter which exceeds 2.25 inches, 

and has a rated wattage that is 40 watts 

or higher; 

(iii) Any general service incandescent 

lamp (commonly referred to as a highor higher wattage lamp) that has a rated 

wattage above 199 watts (above 205 

watts for a high wattage reflector lamp); 

but 

(2) Incandescent lamp does not mean 

any lamp excluded by the Secretary of 

Energy, by rule, as a result of a 

determination that standards for such 

lamp would not result in significant 

energy savings because such lamp is 

designed for special applications or has 

special characteristics not available in 

reasonably substitutable lamp types; 

(3) General service incandescent lamp 

means: 


jlentini on DSK4TPTVN1PROD with RULES