MEMORANDUM FOR: 

FROM: 

SUBJECT: 

FINDING: 

Department of Energy 

Washington, DC 20585 

Winslow Sargeant, Ph.D. 

Chief Counsel for Advocacy 

Small Business Administration 

February 5, 2013 

-' / 

Daniel Cohen'· •. ;.> \ l ,~/~i.') 

Assistant GenerarCounsel for Legislation, Regulation and 

Energy Efficiency 

Celiification under Section 605(b) of the Regulatory 

Flexibility Act (RFA) for Proposed Rulemaking Regarding 

Energy Conservation Standards for Celiain 100 Watt R20 

Short Incandscent Reflector Lamps 

I certify that, if adopted, the proposed rulemaking to exclude a type of 

incandescent reflector lamp (IRL) from energy conservation standards set f011h in the 

attached notice of proposed rulemaking (NOPR) issued under the authority of the Energy 

Policy and Conservation Act of 1975 (EPCA), as amended, would not have a significant 

economic impact on a substantial number of small entities. 

Pursuant to EPCA (42 U.S.C. 6291 ef seq.), 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 in pool and spa applications. The NOPR was developed as a result of a 

petition from the National Electrical Manufacturers Association (NEMA) to undertake a 

rulemaking to exempt R20 short lamps from coverage under the applicable energy 

conservation standard for IRLs. 

As required by Executive Order 13272, "Proper Consideration of Small Entities in 

Agency Rulemaking," 67 FR 53461 (August 16, 2002), DOE published procedures and 

policies on February 19, 2003, to ensure thatthe potential impacts of its rules on small 

entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE 

* Printed with soy ink on recycled paper 
has made its procedures and policies available on the Office of the General Counsel's 

website at www.gc.doe.gov. DOE reviewed today's proposed determination under the 

provisions of the Regulatory Flexibility Act and the procedures and policies published on 

February 19,2003. 

FACTUAL BASIS FOR CERTIFICATION: 

To estimate the number of small businesses impacted by the proposed rule, DOE 

considered the size standards for a small business listed by the NOlih American Industry 

Classification System (NAICS) code and description, under 13 CFR part 121. R20 short 

lamp manufacturers are classified under NAICS code 335110, "Electric Lamp Bulb and 

Part Manufacturing," and are considered small entities if they employ 1,000 employees or 

less. 

DOE determined that there are two manufacturers of R20 short lamps in the 

United States that would qualify as small entities. DOE made this determination by 

conducting a survey of the market using all available public information to identify 

manufacturers that produce R20 short lamps. DOE's findings confirm NEMA's assertion 

in its 2010 petition that there are only two known manufacturers of the 120 volt 100 watt 

R20 short lamp in the United States. 75 FR at 80732 (Dec. 23, 2010). 

DOE's proposal would set no standards. Instead, the NOPR proposes 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 or provide 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 of July 14, 2012.74 FR 34080. In that rulemaking, 

DOE concluded that the standards would not have a substantial impact on small entities 

and, therefore, did not prepare a regulatory flexibility analysis. 74 FR at 34174-75 (July 

14, 2009). Based on the above, DOE believes that the exclusion proposed in the NOPR 

will not have a significant impact on a substantial number of small entities and that a 

Regulatory Flexibility Act analysis is therefore not required. Accordingly, DOE has not 

prepared an initial regulatory flexibility analysis for this rulemaking. 

CONCLUSION: 

On the basis of the foregoing, I certify that, if adopted, the proposed exclusion of 

R20 short lamps from energy conservation standards set f01ih in the NOPR would not 

have a significant economic impact on a substantial number of small entities.