MEMORANDUM FOR:

FROM:

SUBJECT:

FINDING: 

### Department of Energy Washington, DC 20585

Winslow Sargeant, Ph.D. ChiefCounsel for Advocacy Small Business Administration February 5, 2013

-' / Daniel Cohen'· •. ;.> \ 

### l

### ,~/~i.') Assistant GenerarCounsel for Legislation, Regulation and Energy Efficiency

Celiificationunder Section 605(b) ofthe Regulatory Flexibility Act (RFA) for Proposed Rulemaking Regarding Energy Conservation Standards for Celiain 100 WattR20 Short IncandscentReflector Lamps

I certify that, ifadopted, the proposed rulemaking to exclude a type of incandescentreflector lamp (IRL) from energy conservation standards set f011h in the attached notice ofproposed rulemaking (NOPR) issued under the authority ofthe Energy Policy and ConservationAct of 1975 (EPCA), as amended, would nothave a significant economic impact on a substantial number ofsmall entities.

Pursuantto EPCA (42 U.S.C. 6291 efseq.), as amended, the Department of Energy (DOE) proposes to exclude from coverage under EPCA standards a 100 watt R20 short (having a maximum overall length on and 

### 5/8 or 3.625 inches) IRL (R20 short lamp) used inpool and spa applications. The NOPRwas developed as a result ofa petitionfrom the National Electrical Manufacturers Association (NEMA) to undertake a rulemaking to exemptR20 shortlamps from coverage under the applicable energy conservation standard for IRLs.

As required by Executive Order 13272, "Proper Consideration ofSmall Entities in Agency Rulemaking," 67 FR 53461 (August 16, 2002), DOEpublished procedures and policies on February 19, 2003, to ensure thatthepotential impacts ofits rules on small entities are properly considered during the DOErulemaking process. 68 FR7990. DOE 

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Printed with soy ink on recycled paperhas made its procedures and policies available on the Office ofthe General Counsel's website at www.gc.doe.gov. DOE reviewed today's proposed determination under the provisions ofthe Regulatory FlexibilityAct and the procedures and policies published on February 19,2003.


### FACTUAL BASIS FOR CERTIFICATION:

To estimate the number ofsmall businesses impacted bythe proposed rule, DOE considered the size standards for a small business listed by the NOlih AmericanIndustry Classification System (NAICS) code and description, under 13 CFRpart 121. R20 short lamp manufacturers are classified under NAICS code 335110, "Electric Lamp Bulb and PartManufacturing," and are considered small entities ifthey employ 1,000 employees or less.

DOE determined thatthere are two manufacturers ofR20 short lamps in the United States that would qualify as small entities. DOE made this determination by conducting a survey ofthe marketusing all available public information to identify manufacturers thatproduce R20 short lamps. DOE's findings confirmNEMA's assertion in its 2010 petition that there are only two known manufacturers ofthe 120 volt 100 watt R20 short lamp intheUnited States. 75 FR at 80732 (Dec. 23, 2010).

DOE'sproposal would set no standards. Instead, the NOPRproposes to exclude R20 short lamps from coverage under the applicable energy conservation standard for IRLs. Such an exclusion from the standard would decrease regulatory burden on small entities, as manufacturers would not be required to meet a minimum energy efficiency standard, test orprovide celiification reports for these R20 short lamps. DOE also notes that amendments to EPCA in the Energy Policy Act of 1992 (EPAct 1992), P.L. 102-486, established the current energy conservation standards for certain classes ofIRLs. On July 14,2009, DOE published a final rule in the Federal Register that amended these standards, with a compliance date ofJuly 14, 2012.74 FR 34080. In thatrulemaking, DOE concluded thatthe standards would not have a substantial impact on small entities and, therefore, did notprepare a regulatory flexibility analysis. 74 FRat 34174-75 (July 14, 2009). Based on the above, DOE believes that the exclusionproposed in the NOPR will not have a significant impact on a substantial number ofsmall entities and that a Regulatory Flexibility Act analysis is therefore notrequired. Accordingly, DOE has not prepared an initial regulatory flexibility analysis for this rulemaking.



### CONCLUSION:

On the basis ofthe foregoing, I certify that, ifadopted, the proposed exclusion of R20 short lamps from energy conservation standards setf01ih inthe NOPR would not have a significant economic impacton a substantial number ofsmall entities.