This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

4203 

Vol. 77, No. 18 

Friday, January 27, 2012 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2011–0008] 

RIN 3150–AI91 

List of Approved Spent Fuel Storage 

Casks: MAGNASTOR® System, 

Revision 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is confirming the effective date of 

January 30, 2012, for the direct final rule 

that was published in the Federal 

Register on November 14, 2011. This 

direct final rule amended the NRC’s 

spent fuel storage regulations by 

revising the NAC International, Inc. 

(NAC) MAGNASTOR® System listing 

within the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 2 to Certificate of Compliance (CoC) 

Number 1031. 

DATES: Effective Date: The effective date 

of January 30, 2012, is confirmed for 

this direct final rule published 

November 14, 2011 at 76 FR 70331. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

http://www.nrc.gov/reading-rm/adams.

html. From this page, the public can 

gain entry into ADAMS, which provides 

text and image files of the NRC’s public 

documents. If you do not have access to 

ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC’s PDR 

reference staff at 1–(800) 397–4209, 

(301) 415–4737, or by email to pdr.

resource@nrc.gov. 

• Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this final rule can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2011– 

0008. Address questions about NRC 

dockets to Carol Gallagher, telephone: 

(301) 492–3668; email: Carol.

Gallagher@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Trussell, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, telephone: (301) 415–6445, 

email: Gregory.Trussell@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

November 14, 2011 (76 FR 70331), the 

NRC published a direct final rule 

amending its regulations at Title 10 of 

the Code of Federal Regulations Section 

72.214 by revising the NAC 

MAGNASTOR® System listing within 

the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 2 to CoC Number 1031. In the direct 

final rule, the NRC stated that if no 

significant adverse comments were 

received, the direct final rule would 

become effective on January 30, 2012. 

The NRC did not receive any comments 

on the direct final rule. Therefore, this 

rule will become effective as scheduled. 

Dated at Rockville, Maryland, this 24th day 

of January 2012. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2012–1770 Filed 1–26–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket No. EERE–2011–BT–TP–0012] 

RIN 1904–AC45 

Energy Conservation Program: Test 

Procedures for General Service 

Fluorescent Lamps, General Service 

Incandescent Lamps, and 

Incandescent Reflector Lamps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: On September 14, 2011, the 

U.S. Department of Energy (DOE) issued 

a notice of proposed rulemaking (NOPR) 

to amend the test procedures for general 

service fluorescent lamps (GSFLs), 

general service incandescent lamps 

(GSILs), and incandescent reflector 

lamps (IRLs). That proposed rulemaking 

serves as the basis for today’s action. 

DOE is amending its test procedures for 

GSFLs and GSILs established under the 

Energy Policy and Conservation Act 

(EPCA). DOE is not amending in this 

final rule the existing test procedure for 

IRLs established under EPCA. For 

GSFLs and GSILs, DOE is updating 

several references to the industry 

standards referenced in DOE’s test 

procedures. DOE is also establishing a 

lamp lifetime test procedure for GSILs. 

These test procedures also provide the 

protocols upon which the Federal Trade 

Commission bases its energy guide label 

for these products. DOE’s review of the 

GSFL, GSIL, and IRL test procedures 

fulfills the EPCA requirement that DOE 

review test procedures for all covered 

products at least once every seven years. 

DATES: The effective date of this rule is 

February 27, 2012. The final rule 

changes will be mandatory for product 

testing starting July 25, 2012. 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register on February 27, 2012. 

ADDRESSES: The docket is available for 

review at regulations.gov, including 

Federal Register notices, framework 

documents, public meeting attendee 

lists and transcripts, comments, and 

other supporting documents/materials. 

All documents in the docket are listed 

in the regulations.gov index. However, 

not all documents listed in the index 


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4204 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

1 Illuminating Engineering Society of North 

America (IESNA) standards can be purchased on 

the IESNA Web site at: http://www.ies.org/store/. 

2American National Standards Institute (ANSI) 

standards can be purchased on the ANSI Web site 

at: http://www.webstore.ansi.org/. 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

A link to the docket web page can be 

found at: www.regulations.gov. This 

web page will contain a link to the 

docket for this notice on the regulations.

gov site. The regulations.gov web page 

will contain simple instructions on how 

to access all documents, including 

public comments, in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Tina Kaarsberg, 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. 

Telephone: (202) 287–1393. Email: 

Tina.Kaarsberg@ee.doe.gov. 

Mr. Ari Altman, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 287–6307. Email: 

mailto: Ari.Altman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

This final rule incorporates by 

reference into Part 430 the following 

industry standard: 

IESNA LM–49–01 (‘‘IESNA LM–49’’), 

IESNA Approved Method for Life 

Testing of Incandescent Filament 

Lamps, approved December 1, 2001. 

Copies of IES standards can be 

purchased from the Illuminating 

Engineering Society (IES), 120 Wall 

Street, Floor 17, New York, NY 10005– 

4001, (212) 248–5000, or http://www.ies.

org/store/. 

You can also view copies of this 

standard at the U.S. Department of 

Energy, Building Technologies Program, 

950 L’Enfant Plaza SW., 6th Floor, 

Washington, DC, 20024, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at the 

above telephone number for additional 

information. 

Table of Contents 

I. Authority and Background 

II. Summary of the Final Rule 

III. Discussion 

A. Updates to Industry Standards 

Incorporated by Reference 

1. ANSI C78.81–2010 for General Service 

Fluorescent Lamps 

2. IES LM–9–2009 for General Service 

Fluorescent Lamps 

3. IES LM–45–2009 for General Service 

Incandescent Lamps 

4. Test Procedures for Incandescent 

Reflector Lamps 

5. Summary of Changes Based on Updated 

Industry Standards 

B. General Service Incandescent Lamp 

Lifetime Testing 

1. Authority To Establish Lifetime Test 

Procedure 

2. Adoption of IESNA LM–49–2001 

3. Accelerated Lifetime Testing 

4. Measuring Minimum Rated Lifetime 

5. ‘‘Rated Lifetime’’ Definition and Sample 

Size 

6. Certification Requirements 

7. Laboratory Accreditation 

8. GSIL Lifetime Testing Costs 

9. Summary of GSIL Lifetime Testing 

C. Effective Date for the Amended Test 

Procedures 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

N. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291, et 

seq.; ‘‘EPCA’’ or, ‘‘the Act’’) sets forth a 

variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

as amended through the Energy 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140 

(Dec. 19, 2007)). Part B of title III, which 

for editorial reasons was redesignated as 

Part A upon incorporation into the U.S. 

Code (42 U.S.C. 6291–6309), establishes 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ These include general 

service fluorescent lamps (GSFLs), 

general service incandescent lamps 

(GSILs), and incandescent reflector 

lamps (IRLs), the subject of today’s 

notice. (42 U.S.C. 6292(a)(14) and 

6295(i)) 

Under EPCA, this program consists 

essentially of four parts: (1) Testing, (2) 

labeling, (3) Federal energy conservation 

standards, and (4) certification and 

enforcement procedures. The testing 

requirements consist of test procedures 

that manufacturers of covered products 

must use (1) as the basis for certifying 

to DOE that their products comply with 

the applicable energy conservation 

standards adopted under EPCA, and (2) 

for making representations about the 

efficiency of those products, including 

on the Federal Trade Commission’s 

EnergyGuide label. Similarly, DOE must 

use these test requirements to determine 

whether the products comply with any 

relevant standards promulgated under 

EPCA. However, to ensure that DOE is 

in full compliance with Section 315 of 

Public Law 112–74, DOE will not 

finalize in this document provisions 

related to certifying lamps subject to 

that provision of law. DOE may finalize 

those procedures at an appropriate time 

in the future. 

Relevant to this rulemaking, EPCA, as 

codified, directs DOE to prescribe test 

procedures for GSFLs and IRLs, taking 

into consideration the applicable 

standards of the Illuminating 

Engineering Society of North America 1

(IESNA) or the American National 

Standards Institute 2 (ANSI). (42 U.S.C. 

6293(b)(6)) 

In addition, on December 19, 2007, 

the Energy Independence and Security 

Act of 2007 (EISA 2007), Public Law 

110–140, was enacted. Section 321 of 

EISA 2007 amended EPCA, in relevant 

part, to prescribe energy conservation 

standards for GSILs that included 

maximum rated wattage and minimum 

rated lifetime requirements for several 

different lumen ranges; these standards 

will be phased in between 2012 and 

2014. (42 U.S.C. 6295(i)) Section 302 of 

EISA 2007 also amended EPCA to 

require DOE to review test procedures 

for all covered products at least once 

every seven years. DOE must either 

amend the test procedures or publish 

notice in the Federal Register of any 

determination not to amend a test 

procedure. (42 U.S.C. 6293(b)(1)(A)) 

In order to (1) fulfill the statutory 

requirements for periodic review of test 

procedures and (2) create for the first 

time a lifetime test procedure for GSILs, 

consistent with the minimum rated 

lifetime requirements set forth in EPCA, 

DOE published a notice of proposed 

rulemaking (NOPR) in the Federal 

Register on September 14, 2011. DOE 

also invited comment on all aspects of 

the existing test procedures for GSFLs, 

GSILs, and IRLs that appear at Title 10 

of the Code of Federal Regulations 

(CFR): 10 CFR 429.27 (‘‘General service 

fluorescent lamps, general service 

incandescent lamps, and incandescent 

reflector lamps’’), 10 CFR 430.2 

(‘‘Definitions’’), 10 CFR 430.3 


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3 ‘‘IESNA Approved Method for the Electrical and 

Photometric Measurements of Fluorescent Lamps’’ 

(approved Dec. 4, 1999). 4 ‘‘American National Standard for Electric 

Lamps: Fluorescent Lamps-Guide for Electrical 

Measurements’’ (approved Sept. 25, 1997). 5 ‘‘American National Standard for Electric Lamps 

Double-Capped Fluorescent Lamps—Dimensional 

and Electrical Characteristics’’ (approved August 

11, 2005). 6 ‘‘American National Standard for Electric Lamps 

Double-Capped Fluorescent Lamps—Dimensional 

and Electrical Characteristics’’ (approved March 23, 

2005). 7 ‘‘American National Standard for Lamp 

Ballasts—Reference Ballasts for Fluorescent Lamps’’ 

(approved Sept. 4, 2002). 

8 ‘‘IESNA Approved Method for Electrical and 

Photometric Measurements of General Service 

Incandescent Filament Lamps’’ (approved May 8, 

2000). 

9 ‘‘IESNA Approved Method for Photometric 

Testing Of Reflector-Type Lamps’’ (approved Dec. 

3, 1994). 

10 ‘‘American National Standard for Electric 

Lamps—Double-Capped Fluorescent Lamps— 

Dimensional and Electrical Characteristics’’ 

(approved Jan. 14, 2010). 

11 ‘‘IESNA Approved Method for the Electrical 

and Photometric Measurements of Fluorescent 

Lamps’’ (approved Dec. 4, 1999). 

12 ‘‘IES Approved Method for the Electrical and 

Photometric Measurement of Fluorescent Lamps’’ 

(approved Jan. 31, 2009). 

13 ‘‘IES Approved Method for the Electrical and 

Photometric Measurement of General Service 

Incandescent Filament Lamps’’ (approved Dec. 14, 

2009). 

14 In this document, changes in efficacy that are 

described as ‘‘not significant’’ are considered to be 

within measurement error or variation. DOE has 

concluded that these amendments do not affect 

reported efficacy values to the extent that would 

warrant modifications to energy conservation 

standards. 

15 ‘‘IESNA Approved Method for Life Testing of 

Incandescent Filament Lamps’’ (approved Dec. 1, 

2001). 

(‘‘Materials incorporated by reference’’), 

10 CFR 430.23 (‘‘Test procedures for the 

measurement of energy and water 

consumption’’), 10 CFR 430.25 

(‘‘Laboratory Accreditation Program’’), 

and 10 CFR part 430 subpart B, 

Appendix R (‘‘Uniform Test Method for 

Measuring Average Lamp Efficacy (LE), 

Color Rendering Index (CRI), and 

Correlated Color Temperature (CCT) of 

Electric Lamps’’). 76 FR 56661, 56662 

(September 14, 2011). DOE 

subsequently held a public meeting on 

October 4, 2011 to discuss the proposals 

in the NOPR and invited written 

comments through November 28, 2011. 

To address prior EPCA requirements 

for GSFLs, GSILs, and IRLs, DOE has 

previously undertaken a number of 

rulemaking actions pertaining to the test 

procedures for these products. For 

further details refer to the NOPR. 76 FR 

56661, 56662–63. Test procedures for 

GSFLs, GSILs, and IRLs are specified in 

various sections of the CFR and are 

based on the 1997 and 2009 final rules 

addressing test procedures for 

fluorescent and incandescent lamps. 

62 FR 29221 (May 29, 1997); 74 FR 

31829 (July 6, 2009); 74 FR 34080 (July 

14, 2009). Prior to this final rule, DOE 

had no test procedure for measuring 

GSIL lifetime. Calculations for lamp 

efficacy of GSFLs, GSILs, and IRLs and 

for color rendering index of GSFLs are 

discussed in 10 CFR 430.23, which 

references 10 CFR part 430, subpart B, 

Appendix R. Appendix R specifies 

several IESNA and ANSI standards to 

use for test conditions and procedures. 

For GSFLs, it references measurement 

procedures set forth in IESNA LM–9– 

1999.3 Additionally, GSFLs are to be 

operated according to general 

procedures for taking electrical 

measurements described in ANSI 

C78.375–1997,4 and at the voltage and 

current conditions described in ANSI 

C78.81–2005 (double-based lamps) 5 or 

ANSI C78.901–2005 (single-based 

lamps),6 and using the reference ballast 

at input voltage specified by the 

reference circuit in ANSI C82.3–2002.7

Appendix R also notes that the prior 

measurement procedures for GSILs and 

IRLs are set forth in IESNA LM–45– 

2000 8 and IESNA LM–20–1994,9

respectively. 

General Test Procedure Rulemaking 

Process 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE must 

follow when prescribing or amending 

test procedures for covered products. 

EPCA provides that any test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

shall not be unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) 

In addition, if DOE determines that a 

test procedure amendment is warranted, 

it must publish proposed test 

procedures and offer the public an 

opportunity to present oral and written 

comments on them. (42 U.S.C. 

6293(b)(2)) Finally, in any rulemaking to 

amend a test procedure, DOE must 

determine to what extent, if any, the 

proposed test procedure would alter the 

measured energy efficiency of any 

covered product as determined under 

the existing test procedure. (42 U.S.C. 

6293(e)(1)). If DOE determines that the 

amended test procedure would alter the 

measured efficiency of a covered 

product, DOE must amend the 

applicable energy conservation standard 

accordingly. (42 U.S.C. 6293(e)(2)) 

With respect to today’s rulemaking, 

DOE has determined that none of the 

amendments it is adopting will change 

the measured efficacy of the GSFLs, 

GSILs, or IRLs when compared to the 

previously existing test procedures. 

II. Summary of the Final Rule 

Today’s rule amends DOE’s test 

procedures for GSFLs and GSILs. The 

amendments achieve two objectives: (1) 

Update test procedures by incorporating 

certain lighting industry standards by 

reference in order to adopt current best 

practices and technological 

developments and (2) establish a new 

test procedure for determining GSIL 

rated lifetime, consistent with the 

minimum rated lifetime requirements in 

set forth in EPCA. 

Regarding the first objective, this final 

rule updates industry standards 

previously incorporated by reference to 

the latest versions of those documents. 

For GSFLs, DOE is updating 

dimensional and electrical 

characteristic-related references to ANSI 

C78.81–2003 as well as ANSI C78.81– 

2005 to ANSI C78.81–2010,10 and 

references to IESNA LM–9–1999 11 to 

IES LM–9–2009 12 for measuring 

electrical and photometric attributes. 

For GSILs, DOE is updating references 

of IESNA LM–45–2000 to IES LM–45– 

2009 13 for measuring electrical and 

photometric attributes. These changes 

will not, in DOE’s view, significantly 

alter reported lamp efficacy values.14

Regarding the second objective, 

today’s final rule establishes a GSIL test 

procedure for lifetime testing. As noted 

above, EISA 2007 amended EPCA, in 

part, by establishing energy 

conservation standards for GSILs which 

include for the first time minimum rated 

lifetime requirements that are to be 

phased in between January 2012 and 

January 2014. In order to meet these 

requirements, this final rule establishes 

a test procedure for GSIL lifetime that 

includes incorporation by reference of 

the industry standard ‘‘IESNA 

Approved Method for Life Testing of 

Incandescent Filament Lamps,’’ IESNA 

LM–49–2001; 15 a definition for rated 

lifetime of GSILs; a sample size of 21 

lamps for GSIL lifetime testing; and 

requirements for laboratory 

accreditation. 

As indicated in greater detail below, 

these amendments and additions apply 

to the procedures in 10 CFR part 430, 

subpart B, Appendix R, and also to 

sections 10 CFR 429.27, 10 CFR 430.2, 

10 CFR 430.23, 10 CFR 430.25. The 

changes do not affect measured efficacy 

of GSFLs, GSILs, and IRLs. The 

amendments to DOE’s test procedures in 

this final rule will take effect 30 days 

after publication of this final rule. 


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16See section 4.1.2.1 of Appendix R for F40T12, 

F96T12, F96T12HO, F34T12, F96T12ES, 

F96T12HO/ES lamps. 

17A notation in the form ‘‘NEMA, No. 29 at p. 

2’’ identifies a written comment that DOE has 

received and has included in the docket of this 

rulemaking. This particular notation refers to a 

comment: (1) Submitted by NEMA; (2) in document 

number 29 of the docket, and (3) on page 2 of that 

document. 

18The 2009 version of the standard is labeled as 

IES instead of IESNA. 

19A measure of the total opposition to current 

flow in an alternating current (AC) circuit made up 

of resistance and reactance. ‘‘Reactance’’ is the 

opposition of a circuit element to a change of 

electric current or voltage, due to the element’s 

capacitance or inductance. For a direct current (DC) 

circuit, the impedance is just the resistance. 

III. Discussion 

A. Updates to Industry Standards 

Incorporated by Reference 

After reviewing the current industry 

best practices and technological 

developments, DOE identified and 

proposed appropriate updates for the 

GSFL and GSIL test procedures, but no 

updates for the IRL test procedure. DOE 

proposed the following changes to the 

existing test procedures for GSFLs: (1) 

Updating references of ANSI C78.81– 

2003 and ANSI C78.81–2005 to ANSI 

C78.81–2010, which provides 

dimensional and electrical 

characteristics of fluorescent lamps; 

and, (2) updating references of IESNA 

LM–9–1999 to IES LM–9–2009 for 

measuring the electrical and 

photometric attributes of fluorescent 

lamps. In addition, DOE proposed 

modifying the existing test procedures 

for GSILs by updating references of 

IESNA LM–45–2000 to IES LM–45–2009 

for measuring their electrical and 

photometric attributes of incandescent 

filament lamps. 

As DOE’s GSFL, GSIL, and IRL test 

procedures are based mainly on 

references to industry standards, when 

possible, DOE test procedures should 

reference the latest versions of these 

standards in order to be aligned with 

industry standards and practices. 

Periodic updates to these industry 

standards generally account for changes 

in product lines and/or developments in 

test methodology and equipment. 

Therefore, in the NOPR analysis, DOE 

reviewed relevant industry standards 

and compared versions. DOE found that 

the latest versions of these standards 

will increase the precision of 

measurements and provide 

clarifications of existing test setup and 

methodology. DOE determined that 

these revisions to DOE’s regulations 

would not alter measured energy 

efficiency nor result in a test procedure 

that is unduly burdensome to conduct. 

(42 U.S.C. 6293(e)(1), 42 U.S.C. 

6293(b)(3)) 

DOE received various comments on 

its proposed updates to those industry 

standards already incorporated by 

reference in DOE’s test procedures. The 

sections below provide a brief summary 

of the key changes in the updated 

industry standards and DOE’s responses 

to comments on these changes. 

1. ANSI C78.81–2010 for General 

Service Fluorescent Lamps 

In the NOPR, DOE proposed updating 

all references to ANSI C78.81 in DOE’s 

test procedures and definitions relating 

to GSFLs and fluorescent lamp ballasts 

from the 2003 and 2005 editions to the 

2010 edition. ANSI C78.81 provides the 

dimensional and electrical 

specifications for fluorescent lamps. 

Adoption of the latest version of ANSI 

C78.81 will ensure that DOE test 

procedures reference updated lamp 

specifications. 

DOE concluded in the NOPR analysis 

that updating to the 2010 version would 

not change the lamp specifications 

currently prescribed in DOE’s test 

procedures. The main modification in 

the 2010 version is the addition of highfrequency and low-frequency lamp 

specifications for 25W, 28W, and 30W 

reduced-wattage 4-foot T8 medium 

bipin lamps. DOE requires testing 

GSFLs using low-frequency lamp 

specifications unless only highfrequency lamp specifications are 

available. The low-frequency ballast 

specifications for reduced-wattage 

lamps specified in the 2010 version are 

identical to those prescribed in the DOE 

test procedures for 4-foot T8 medium 

pin lamps.16 DOE’s test procedures also 

prescribe low-frequency lamp 

specifications in ANSI C78.81–2003 for 

certain lamps, which are also identical 

to those specified in the 2010 version. 

Therefore, in this final rule, DOE 

concludes that neither measured 

efficacy nor testing burden would be 

affected by updating the references to 

ANSI C78.81–2010 in DOE test 

procedures. 

The National Electrical Manufacturers 

Association (NEMA) commented that 

the low frequency reference ballast 

specifications included in ANSI C78.81 

and C78.901 will be replaced with high 

frequency reference ballast 

specifications in the next revisions of 

these standards which are planned for 

publication in 2012. They added that as 

a result manufacturers will have to 

perform testing using low frequency 

reference ballasts for DOE certification 

and compliance reporting and high 

frequency reference ballasts for 

normative compliance using the 

updated standards. NEMA suggested 

coordinating the adoption of DOE’s next 

test procedure with the updated ANSI 

standards in order to reduce dual testing 

burden. (NEMA, No. 8 at p. 2) 17

Since the planned versions of ANSI 

C78.81–2010 and C78.901–2005 to 

which NEMA is referring were not 

available for DOE to assess and solicit 

comment on, DOE cannot reference 

these scheduled updated versions in 

this final rule. Therefore, because highfrequency testing specifications are still 

not yet available for all of DOE’s 

covered fluorescent lamp types, DOE 

will maintain the requirement to test 

GSFLs using low-frequency reference 

lamp specifications unless only highfrequency lamp specifications are 

available as stated above. Regarding the 

possibility that manufacturers may have 

to conduct dual testing (low-frequency 

testing for DOE compliance and highfrequency testing for normative 

compliance), DOE is continually 

monitoring the development of testing 

standards of GSFLs and will consider 

amendments to future test procedures 

including testing on high-frequency 

reference ballasts as necessary. 

2. IES LM–9–2009 for General Service 

Fluorescent Lamps 

In the NOPR, DOE proposed updating 

references to IESNA LM–9–1999 which 

specifies procedures for measuring the 

efficacy of GSFLs to the 2009 version. 

DOE’s review indicated that 

incorporating the 2009 edition of IES 

LM–9 18 would align DOE’s 

requirements with current industry 

standards; provide further clarification 

of the test procedure; and improve the 

test methodology and test 

instrumentation setup and 

specifications. 

DOE identified the following four key 

updates to the 2009 edition of IES LM– 

9: (1) Additional information on 

conducting tests under high-frequency 

conditions; (2) modification of the lamp 

stabilization method; (3) added 

specification of temperature and 

orientation for stabilization of T5 lamps; 

and (4) added specification of 

impedance 19 thresholds for the 

multipurpose volt, amperes, and watts 

(VAW) meter and power source. (More 

detail on these updates can be found in 

the NOPR. 76 FR 56661, 56665–66.) In 

the NOPR, DOE concluded that these 

updates would not significantly affect 

lamp efficacy or pose a significant 

testing burden. DOE did not receive any 

comments regarding the impacts of 

specific updates in the 2009 version of 

IES LM–9. DOE did however receive 

comments from interested parties 


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20NVLAP is a program administered by the 

National Institute of Standards and Technology 

(NIST). 

21 Directory of Accredited Laboratories: Energy 

Efficient Lighting Products, http://ts.nist.gov/ 

standards/scopes/eelit.htm. 

22Comment submitted by China WTO/TBT 

National Notification & Enquiry Center, Standard 

and Regulation Researching Center, AQSIQ, P.R. 

China. 

23 ‘‘American National Standard for electric 

lamps: Specifications for Chromaticity of 

Fluorescent Lamps’’ (approved Feb. 1, 2001). 

24ANSI C78.376–2001 defines chromaticity 

tolerance by a 4 step MacAdam ellipse which is 

shown in section 5 of the standard. 

25The six separate nominal color temperature 

ellipses are defined in section 5 of ANSI C78.376– 

2001. 

26The 2009 version of the standard is labeled as 

IES instead of IESNA. 

27The Commission International de l’Eclairage 

(CIE) established the photopic luminous efficiency 

function as the response curve of a standard 

observer. IESNA Lighting Handbook, Ninth Edition 

(2000) p. 1–6. 

regarding potential issues with 

accreditation to the 2009 version of IES 

LM–9 as well as a request for 

clarification on the added specifications 

for T5 lamps and the existing CCT 

reporting requirement. DOE is also 

providing further guidance on the lamp 

stabilization method in this final rule. 

NEMA, Osram Sylvania Inc. (OSI), 

and Philips Lighting (Philips) 

commented that many laboratories are 

not yet accredited to IES LM–9–2009 

and would not be able to use the test 

procedure for compliance testing by the 

effective date of June 2012. They further 

noted that it was unclear whether the 

National Volunteer Laboratory 

Accreditation Program (NVLAP) 20 had 

begun accrediting to the updated IES 

version. (NEMA, No. 8 at p. 2; OSI, 

Public Meeting Transcript, No. 7 at p. 

34; Philips, Public Meeting Transcript, 

No. 7 at pp. 34–35) ICF Consulting on 

behalf of Energy Star (ICF) noted that 

there are several accrediting bodies that 

are already accrediting to IES LM–9– 

2009. (ICF, Public Meeting Transcript, 

No. 7 at p. 35) 

Testing for GSFLs, IRLs, and GSILs 

must be conducted by a laboratory 

accredited by NVLAP or by an 

accrediting organization recognized by 

NVLAP. (10 CFR 430.25) At the time 

this final rule was written, there were 

ten laboratories accredited to IES LM–9 

by NVLAP of which five were 

accredited to the most recent 2009 

version.21 DOE has therefore concluded 

that because several laboratories are 

already accredited to IES LM–9–2009, 

compliance with updated test 

procedures established in this final rule 

is achievable by June 2012. 

The People’s Republic of China (P.R. 

China) 22 requested clarification on the 

orientation of T5 lamps during the 

seasoning process at 35 °C. (P.R. China, 

No. 9 at p. 3) As stated in IES LM–9– 

2009, T5 lamps are to be seasoned in the 

vertical direction in 25 °C ambient air so 

as to obtain stable photometric results. 

IES LM–9–2009 also specifies that T5 

lamps are to be measured horizontally, 

despite seasoning occurring in the 

vertical orientation. 

NEMA also commented on an existing 

DOE GSFL test procedure requirement 

for reporting CCT. NEMA noted that 

ANSI C78.376 23 guidance recognizes 

that CCT varies within the allowed 

chromaticity tolerance ellipse 24 for 

fluorescent lamps and therefore assigns 

such lamps six separate nominal color 

temperature ellipses 25 and 

designations. NEMA commented that 

since fluorescent lamps’ chromaticity 

varies with lifetime, manufacturers 

design lamps to remain within a 

designated ellipse. Given these 

considerations, NEMA requested further 

clarification on why DOE proposed a 

requirement to report CCT to the nearest 

10 degrees. (NEMA, No. 8 at p. 5) 

In the NOPR stage of the 2009 test 

procedure rule for GSFLs, IRLs, and 

GSILs, DOE proposed test procedures 

that required CCT to be rounded to the 

nearest unit (measured in kelvin (K)). In 

response to DOE’s proposal, NEMA 

recommended rounding CCT to the 

nearest 10 degrees because rounding to 

the nearest degree demonstrates a false 

level of accuracy. DOE consulted with 

the National Institute of Standards and 

Technology (NIST) and agreed with 

NEMA’s conclusion that distinguishing 

between single digits in CCT is not 

meaningful. Therefore, because all 

laboratories were able to measure CCT 

to three significant figures, DOE 

required that manufacturers round CCT 

to the nearest 10 degrees in the July 

2009 Test Procedure final rule. 74 FR 

31829 (July 6, 2009). DOE finds no 

reason to modify this requirement. 

Based on comments DOE received 

questioning whether or not the lamp 

stabilization method prescribed in IES 

LM–45–2009 was required, DOE is 

providing further clarification on the 

matter in this final rule (see section 

III.A.3). DOE is also providing this same 

clarification for the lamp stabilization 

method prescribed in IES LM–9–2009. 

The standard states that its prescribed 

stabilization method is strongly 

recommended but if not followed, the 

alternative methodology should be 

noted in the test report. Therefore, 

manufacturers should include in 

certification reports details of any 

variations from the lamp stabilization 

method prescribed in IES LM–9–2009. 

3. IES LM–45–2009 for General Service 

Incandescent Lamps 

In the NOPR, DOE proposed updating 

the 2000 version of IESNA LM–45 to the 

2009 version. This new version specifies 

updated procedures for measuring GSIL 

efficacy. DOE’s review indicated that 

incorporating the 2009 edition of IES 

LM–45 26 would provide further 

clarification of the test procedure; and 

improve the test methodology and test 

instrumentation setup and 

specifications. 

DOE identified the following five key 

updates in the 2009 edition of IES LM– 

45: (1) Modification of the lamp 

stabilization method; (2) modification of 

voltage and current regulation 

tolerances of the alternating current 

(AC) power source; (3) modification of 

instrument tolerance for AC voltage, 

current, and wattage; (4) establishment 

of impedance tolerances for 

instruments; and (5) establishment of a 

tolerance for the spectral response of the 

photo-detector. (More detail on these 

updates can be found in the NOPR. 76 

FR 56661, 56666–67.) In the NOPR, DOE 

concluded that these updates will not 

significantly affect lamp efficacy or pose 

a significant testing burden. NEMA 

commented that it agreed with the 

incorporation of IES LM–45–2009. 

(NEMA, No. 8 at p. 2) DOE did, 

however, receive comments from 

interested parties regarding clarification 

on spectral match specifications and the 

lamp stabilization method. 

At the October 2011 public meeting, 

Northwest Energy Efficiency Alliance 

(NEEA) asked for further clarification on 

the requirement in IES LM–45–2009 

that the spectral match between the 

photo-detector and the V(l) function be 

within five percent. (NEEA, Public 

Meeting Transcript, No. 7 at p. 30) The 

V(l) function or the photopic luminous 

efficiency function27 is the response 

curve of a standard human observer. It 

is the visual sensitivity of the human 

eye to light at different wavelengths. 

Photodetectors can only approximate 

the standard V(l) response due to 

limitations in the manufacturing 

process. The parameter f1′ describes the 

closeness of the spectral of the 

photodetector measurements and the 

V(l) function. The parameter f1′ should 

be within a certain tolerance, but a 

spectral mismatch correction factor will 

be applied to the measured result 

regardless. Therefore in this final rule, 

DOE concludes that the inclusion of a 

specific tolerance for spectral match in 

IES LM–45–2009 would result in more 

consistent and precise measurements 


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28Assessment based on interviews with NVLAP 

and a test lab; and a review of National Institute of 

Standards and Technology (NIST) Handbook 

150:2006 (NVLAP Procedures and General 

Requirements) or NIST Handbook 150–1:2010–12 

ed. (NVLAP Energy Efficient Lighting Products). 

29An integrating sphere is a hollow sphere coated 

internally with a matte finish, diffusing type 

material. Light enters the sphere either through a 

port or by placing the light source inside the sphere. 

The light is scattered uniformly around the interior 

of the sphere and can be measured with a detector 

device connected to the sphere through a port. 

30Lamp stabilization consists of seasoning a lamp 

and then operating it until it reaches stabilization 

and temperature equilibrium. 

31 ‘‘IESNA Approved Method for Photometric 

Testing of Reflector-Type Lamp,’’ (approved Dec. 3, 

1994). 

32 DOE has decided to use the term ‘‘rated 

lifetime’’ rather than ‘‘rate lifetime,’’ which is the 

term used in the statutory standards for GSILs 

prescribed by EISA 2007. (42 U.S.C. 6295(i)) DOE 

notes that ‘‘rated’’ is more commonly used in 

industry. 

but would not significantly affect lamp 

efficacy measurements. 

In the NOPR, DOE had indicated that 

industry commonly considers a value 

for f1′ of less than five percent good 

commercial quality and a value of less 

than three percent good laboratory/ 

research quality. Earthjustice asked why 

the laboratory research quality tolerance 

of three percent for the f1′ parameter 

was not proposed as the required 

tolerance. (Earthjustice, Public Meeting 

Transcript, No. 7 at p. 37) ICF 

commented that NVLAP certified 

laboratories must have two percent 

tolerance and therefore, three and five 

percent tolerances would be outside the 

acceptable range to remain accredited. 

(ICF, Public Meeting Transcript, No. 7 at 

p. 38) Based on this information 

Earthjustice suggested the requirement 

should be a tolerance of two percent. 

(Earthjustice, Public Meeting Transcript, 

No. 7 at p. 38) 

DOE has found no reason to lower the 

spectral match tolerance of five percent 

established in IES LM–45–2009, a 

standard based on industry consensus. 

First, DOE’s research indicates that 

NVLAP does not require a spectral 

match tolerance different from that 

prescribed in IES LM–45–2009.28 DOE 

research shows that manufacturers 

already employ at least commercialgrade instruments and, therefore, this 

five percent specification would not 

pose an additional test burden. 

Additionally, in certain cases achieving 

a three percent spectral match is not 

possible. For example when using the 

integrating sphere measurement 

method 29 to take photometric 

measurements, the spectral response of 

the whole sphere system involves 

factoring in the sphere paint and the 

cosine diffuser, rather than just the 

spectral response of the photodetector. 

Therefore, achieving a spectral match 

better than three percent may be too 

difficult under such circumstances. DOE 

has concluded that its test procedures 

do not need to establish a spectral 

match tolerance different from that 

prescribed in IES LM–45–2009. 

With regards to lamp stabilization,30

NEMA commented that test lamps 

unable to meet the stabilization criteria 

as defined in IESNA LM–45–2009 after 

five measurement cycles should not be 

disqualified from the test group. Instead, 

NEMA suggested an analysis of the 

added uncertainty of the measured 

performance parameters be taken into 

account. (NEMA, No. 8 at p. 5) The 

lamp stabilization method specified in 

IES LM–45–2009 prescribes continuing 

sets of five measurements until the 

stabilization criterion is met. While the 

IES LM–45–2009 strongly recommends 

this stabilization method, it also states 

that a different method is permissible, 

but that its use should be noted in the 

test report. DOE is adopting these 

instructions in IES LM–45–2009. 

Therefore, as NEMA recommends in its 

comment, manufacturers can use a 

variation of the prescribed stabilization 

method as long any details of the 

variations from the prescribed methods 

are retained in the test reports required 

under 10 CFR 429.71. 

4. Test Procedures for Incandescent 

Reflector Lamps 

As noted previously, in the NOPR, 

DOE did not propose updates to DOE’s 

test procedure for IRLs, which 

incorporates by reference IESNA LM– 

20–1994.31 At the time of publication of 

the NOPR, a revised edition of this 

industry standard had not been 

published. DOE also had concluded in 

the NOPR analysis that there were no 

current best practices or technical 

developments that necessitate 

modifications to the existing test 

procedure. DOE did not receive any 

adverse comments regarding this 

conclusion. Therefore, no amendments 

to IRL test procedures have been 

adopted in this final rule. 

Several interested parties noted that 

DOE will be evaluating the use of an 

application efficacy metric for IRLs as 

part of a rulemaking that is revising 

GSFL and IRL energy conservation 

standards. (76 FR 56678, September 14, 

2011, see Framework Document 

available at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/pdfs/ 

gsfl_irl_ecs_framework.pdf) NEMA 

commented that efficiency and 

economic comparisons across 

directional lamp technologies require 

the use of an application efficacy metric. 

NEMA added that replacing the lumens 

per watt metric with a new application 

efficacy metric for IRLs would affect 

lamp efficacy values. (NEMA, No. 8 at 

p. 3) Interested parties questioned 

whether the adoption of a new IRL 

metric would initiate amendments to 

the existing IRL test procedures. (CA 

Utilities, Public Meeting Transcript, No. 

7 at p. 21, EEI, No. 7 at p. 36) If DOE 

decides to adopt such a metric, it also 

will update the IRL test procedure 

accordingly. 

5. Summary of Changes Based on 

Updated Industry Standards 

In the previous sections, DOE has 

addressed concerns raised regarding the 

impacts of updates to industry 

standards incorporated by reference 

relevant to this rulemaking. Based on its 

comparison of the updated and older 

versions of these industry standards, 

DOE has determined that the more 

recent versions do not make substantive 

changes to test setup and methodology, 

but are clearer and can potentially 

increase precision and consistency in 

measurements. Further, DOE has 

concluded that adopting the latest 

industry standards would not alter 

measured energy efficiency nor result in 

a test procedure that is unduly 

burdensome to conduct. 

Therefore, in this final rule, for 

GSFLs, DOE is inserting updated 

references for ANSI C78.81–2003 and 

ANSI C78.81–2005 to ANSI C78.81– 

2010 and IESNA LM–9–1999 to IES 

LM–9–2009. For GSILs, DOE is inserting 

updated references for IESNA LM–45– 

2000 to IES LM–45–2009. 

B. General Service Incandescent Lamp 

Lifetime Testing 

Section 321 of EISA 2007 amended 

EPCA by prescribing minimum rated 

lifetime 32 requirements for GSILs, to be 

phased in between January 2012 and 

January 2014 (codified at 42 U.S.C. 

6295(i)). Therefore, in the NOPR, DOE 

proposed a test procedure for GSIL 

lifetime testing, so that manufacturers 

can certify to DOE that their lamps meet 

these minimum rated lifetime 

requirements. DOE received comments 

on the following aspects of the proposed 

test procedure: (1) DOE’s authority to 

establish a test procedure; (2) adoption 

of IESNA LM–49–2001 as an industry 

reference standard for DOE’s GSIL 

lifetime test procedures; (3) disapproval 

of accelerated lifetime testing; (4) 

addressing lifetime measurement of 


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long-life lamps in a 12-month sampling 

period; (5) determination of rated 

lifetime definition and appropriateness 

of the proposed sample size; (6) 

certification requirements; (7) laboratory 

accreditation; and (8) cost of GSIL 

lifetime testing. 

1. Authority To Establish Lifetime Test 

Procedure 

NEMA questioned the authority of 

DOE to require a test procedure for GSIL 

lifetime testing and opposed the 

expansion of GSIL test requirements. 

(NEMA, No. 8 at p. 4; NEMA, Public 

Meeting Transcript, No. 7 at pp. 60, 63– 

64) EPCA directs DOE to make a 

determination that a test procedure 

should be prescribed that measures 

energy efficiency, energy use, water use, 

or estimated annual operating cost of a 

covered product. (42 U.S.C. 6293(3)) In 

this case, however, the test is needed to 

calculate the minimum rated lifetime 

requirements set forth in ECPA. (42 

U.S.C. 6295 (i)) 

DOE must establish those test 

procedures necessary to address all 

aspects of an energy conservation 

standard. Therefore, DOE has concluded 

that it has the authority to establish a 

test procedure for measuring lamp 

lifetime of GSILs. 

NEMA objected to DOE regulating 

lamp lifetime which it considers a 

product reliability metric that has no 

bearing on efficiency or energy use and 

affects industry warranties. (NEMA, No. 

8 at p. 3) DOE acknowledges NEMA’s 

objection to the lifetime standard, 

however, as stated in section I, the 

minimum rated lifetime requirements 

for GSILs were established by Congress 

when it passed EISA 2007. 

2. Adoption of IESNA LM–49–2001 

After conducting literature research 

and interviews with several GSIL 

lifetime testing facilities in the NOPR 

analysis, DOE concluded that IESNA 

LM–49–2001 is the appropriate industry 

standard for GSIL lifetime testing. 

IESNA LM–49–2001 is commonly used 

in industry and generally aligns with 

guidance in the IESNA Lighting 

Handbook. Additionally, IESNA LM– 

49–2001 is also the standard referenced 

by the Federal Trade Commission (FTC) 

in its regulations for product labeling of 

GSILs, which could minimize testing 

burden for manufacturers in terms of 

complying with both Federal energy 

conservation standards and labeling 

requirements. 16 CFR 305.5(b) (For 

further details regarding IESNA LM–49– 

2001 refer to the NOPR. 76 FR 56661, 

56667–68.) 

NEMA concurred with using IESNA 

LM–49–2001 as a reference. (NEMA, No. 

7 at p. 3) DOE did not receive any 

adverse comments regarding adoption of 

IESNA LM–49–2001 as the industry 

reference standard for measuring GSIL 

lifetime. 

3. Accelerated Lifetime Testing 

In the NOPR, DOE proposed to 

disallow the use of accelerated lifetime 

testing in its test procedures. This 

method is permitted in IESNA LM–49– 

2001 only for non-halogen GSILs. 

Accelerated lifetime testing involves 

operating lamps at higher than rated 

voltage, thereby forcing the lamp to fail 

faster than it would under normal 

operating conditions. A scaling factor is 

then used to correlate the measured 

accelerated lifetime to the lifetime at the 

rated voltage. (For more details on 

DOE’s analysis of accelerated lifetime 

testing refer to the NOPR. 76 FR 56661, 

56668.) NEMA agreed with DOE’s 

proposal to disallow accelerated lifetime 

testing. (NEMA, No. 8 at p. 3) Some 

interested parties, noted below, 

questioned DOE’s reasoning for not 

allowing this method. 

DOE proposed to disallow accelerated 

lifetime testing for several reasons 

including that IESNA LM–49–2001 

prescribes this methodology only for 

non-halogen lamps, most of which will 

not meet January 2012 energy 

conservation standards. DOE did 

investigate the appropriateness of using 

accelerated lifetime testing for halogen 

lamps that would pass the January 2012 

standards. DOE found the tungstenhalogen regenerative cycle to be 

incompatible with accelerated lifetime 

testing because it cannot achieve its 

purpose outside of a narrow range of 

temperatures. The regenerative cycle, 

intended to increase lamp lifetime by 

redepositing evaporated tungsten back 

onto the filament, must operate only at 

certain operating temperatures. 

Deviations from the rated voltage in 

accelerated testing would increase the 

operating temperature outside this 

operating range and potentially alter 

performance or introduce new modes of 

lamp failure. Therefore, DOE concluded 

that lifetimes determined by operating 

halogen lamps at higher than rated 

voltage would not reliably measure the 

actual lifetime. 

In the October 2011 public meeting, 

however, Lutron and OSI commented 

that the halogen regenerative cycle is 

critical only at low voltages and 

temperatures, and is therefore not 

adversely affected by the high 

temperature and overvoltage 

requirements of accelerated lifetime 

testing. (Lutron, Public Meeting 

Transcript, No. 7 at p. 47; OSI, Public 

Meeting Transcript, No. 7 at p. 47) DOE 

acknowledges that the successful 

operation of the tungsten halogen 

regenerative cycle is dependent on low 

temperatures but has found that high 

temperatures attained when operating at 

higher than rated voltage as required in 

accelerated testing are also an important 

factor. Operating halogen lamps at 

higher than rated voltage increases 

filament temperature and the rate of 

tungsten evaporation, which results in 

blackening of the inside lamp wall. 

Subsequently, the glass temperature 

rises due to increased infrared 

absorption and eventually causes the 

lamp to bulge and leak. Therefore, DOE 

has concluded that operating halogen 

lamps at higher than rated voltages and 

subsequently higher temperatures could 

introduce modes of lamp failure and 

may invalidate any comparisons with 

lamps operating at rated voltage. Hence, 

in this final rule, DOE maintains the 

disallowance of accelerated lifetime 

testing for GSILs as part of DOE test 

procedures. 

P.R. China commented that DOE 

should adopt the transformation 

accelerated lifetime testing requirements 

in IEC 60064–2007. P.R. China cited the 

stipulation in Article 2.4 of the 

Technical Barriers to Trade (TBT) 

agreement that the members should use 

international standards as the basis of 

technical rules and regulations. P.R. 

China also suggested that DOE employ 

a method similar to that of the 

International CFL Harmonization 

Initiative to make the accelerated 

lifetime testing standards for GSFLs, 

GSILs, and IRLs consistent across all 

countries. (P.R. China, No. 9 at pp. 3– 

4) Since DOE is disallowing the use of 

accelerated lifetime testing for GSILs, it 

will not be adopting any test procedures 

for this methodology. DOE also notes 

that there is no U.S. requirement for 

lifetime testing of GSFLs and IRLs. 

4. Measuring Minimum Rated Lifetime 

For GSIL lifetime testing, DOE is 

requiring testing a minimum of three 

lamps per month each month of 

production for a minimum of seven 

months out of a 12-month period. In the 

October 2011 public meeting, Edison 

Electric Institute (EEI) expressed 

concerns that it would be difficult to 

complete non-accelerated lifetime 

testing in one year for halogen lamps 

that have rated lifetimes in the range of 

4,000 and 6,000 hours. (EEI, Public 

Meeting Transcript, No. 7 at pp. 42–43) 

Measuring the full lifetime of a 6,000- 

hour lamp would require about 250 

days. 

In today’s final rule, DOE is requiring 

measurement up to the minimum rated 

lifetime as prescribed by standards 


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specified in 42 U.S.C. 6295(i). The 

standards currently require all GSILs to 

meet a minimum rated lifetime of 1,000 

hours. For a model to be in compliance 

with the prescribed minimum rated 

lifetime standard, greater than 50 

percent of the sample size must meet 

the minimum rated lifetime required. 

Manufacturers should follow the 

procedures set forth in IESNA LM–49– 

2001 (except for use of the accelerated 

lifetime testing method) to execute the 

minimum rated lifetime measurements 

described above. 

5. ‘‘Rated Lifetime’’ Definition and 

Sample Size 

In the NOPR, DOE proposed the 

following definition for rated lifetime of 

general service incandescent lamps: The 

length of operating time of a sample of 

lamps between first use and failure of 50 

percent of the sample size in accordance 

with test procedures described in 

IESNA LM–49–2001. Interested parties 

voiced concern regarding the method of 

measuring lamp lifetime set forth in the 

proposed definition. 

NEMA stated that the failure rate is a 

measure of how many lamps are failing 

per unit time at any given moment and 

that the 50 percent failure rate is not the 

definition of median lamp lifetime. 

NEMA also noted it was common 

industry practice to use distributional 

parametric fits such as Weibull or 

lognormal functions for determining the 

best estimate of median lifetime and 

recommended DOE allow the use of this 

methodology. (NEMA, No. 8 at p. 3) 

DOE is using the 50 percent failure 

rate methodology as it is aligned with 

the general statutory definition of ‘‘life’’ 

or ‘‘lifetime’’ as the length of operating 

time of a statistically large group of 

lamps between first use and failure of 50 

percent of the group (42 U.S.C. 

6291(30)(P)). It also coincides with the 

definition in IESNA LM–49–2001 which 

states in Section 1.2g that for life rating, 

the applicable definition of median is 

the total operating time at which 50 

percent of a large group of lamps is still 

expected to be operating. Therefore, 

DOE is only revising the definition of 

rated lifetime for GSILs to provide 

additional guidance. DOE is 

maintaining that the rated lifetime is the 

length of operating time of a sample of 

lamps between first use and failure of 50 

percent of the sample size in accordance 

with test procedures described in 

IESNA LM–49–2001. It is also 

specifying that the operating time be 

based on the middle lamp operating 

time for an odd-numbered sample size 

and the average operating time of the 

two middle lamps for an evennumbered sample size. 

While NEMA agreed with DOE’s 

proposed minimum sample size of 20 

lamps, it stated if DOE adopted the 50 

percent failure rate determination for 

lifetime, the middle lamp of an odd 

number of samples should be used. 

(NEMA, No. 8 at p.3–4) In the NOPR, 

DOE had proposed the minimum 

sample size of 20 lamps in order to be 

consistent with the already existing 21- 

lamp minimum sample size requirement 

for GSIL performance testing. 10 CFR 

429.27. DOE had chosen 20 samples (an 

even number) instead of 21 samples in 

order to facilitate the calculation of the 

50 percent failure rate. DOE agrees, 

however, with NEMA that in terms of 

determining the 50 percent failure at the 

median lamp lifetime, an odd-numbered 

sample size is more appropriate. 

Therefore, DOE is revising the minimum 

required sample size of 20 lamps 

proposed in the NOPR to 21 lamps in 

this final rule. 

As with the 21-sampling plan for 

GSIL performance testing, DOE will 

require a minimum of three lamps per 

month each month of production for a 

minimum of seven months out of a 12- 

month period. If lamp production 

occurs in fewer than seven months out 

of the year, three or more lamps will be 

selected for each month that production 

exists as evenly as possible to meet the 

minimum 21 sample requirement. These 

seven months do not need to be 

consecutive and can be any combination 

of seven months out of the 12. 

With regards to the sampling plan, 

NEMA stated that the existing seven out 

of 12-month sampling requirement for 

performance testing should not be the 

basis for the lifetime sampling 

requirement. (NEMA, No. 8 at p. 4; 

Philips, No. 7 at p. 60) DOE notes that 

the seven out of 12-month sampling 

plan was developed with the input of 

interested parties in a previous test 

procedure rulemaking on incandescent 

and fluorescent performance testing. 62 

FR 29221, 29229. This seven-month 

sampling minimum ensures 

manufacturers are consistently 

producing lamps that meet standards. 

DOE finds no reason to differentiate 

between the performance and lifetime 

testing sampling plans. Further, using 

the same sampling plan allows 

manufacturers the opportunity to test 

the same sample set for measurements 

of lumen output, wattage, and lifetime, 

thereby potentially reducing testing 

burden. 

NEMA also recommended DOE 

require sampling from the initial 

production run and thereby prevent 

fractionated lifetime testing of 12–18 

months’ time. (NEMA, No. 8 at p. 4) 

Allowing testing up to the minimum 

rated lifetime should shorten the time 

required for lifetime testing. Hence, the 

continuation of lifetime tests for 

samples from the last month of 

production into the following 

production year should be limited. 

Therefore, DOE will not be requiring 

sampling from the initial production 

run. 

6. Certification Requirements 

As mentioned previously, to ensure 

that DOE is in full compliance with 

Section 315 of Public Law 112–74, DOE 

will not finalize in this document 

provisions related to certifying lamps 

subject to that provision of law. DOE 

may finalize those procedures at an 

appropriate time in the future. 

Described below are issues raised in 

public comment regarding certification. 

DOE would respond to these comments 

if it finalizes these provisions in the 

future. 

In the NOPR, DOE proposed 

establishing new model filing 

requirements for GSIL testing similar to 

those in place for GSFLs and IRLs. 

These requirements take into account 

the 12-month sampling requirement for 

performance and lifetime testing of 

GSILs by allowing manufacturers to 

submit an initial certification report 

prior to or concurrent with distribution 

of the new model. This initial 

certification report filing, describing 

how the manufacturer has determined 

that the new model meets or exceeds 

energy conservation standards, will 

allow manufacturers to distribute new 

models while completing the 12-month 

sampling requirement for certification. 

This initial report is followed by a final 

certification report, based on the full 

sampling provisions, which is to be 

submitted one year after the first date of 

manufacture of the new model. 

Interested parties commented on the 

proposed certification requirements for 

GSIL lifetime testing. NEMA requested 

that DOE accept product compliance at 

40 percent of required lifetime. NEMA 

also stated that the testing should 

continue until completed and that any 

non-compliant products should be 

removed from the market. (NEMA, No. 

8 at p. 3; NEMA, Public Meeting 

Transcript, No. 7 at p. 44–46) DOE finds 

that the certification process for GSIL 

lifetime should not cause delays in 

distribution since manufacturers can 

submit initial certification reports and 

are not required to measure the full 

lifetime of the lamp for compliance. 

DOE sees no reason to base certification 

on 40 percent compliance with the 

lifetime rating. 

Instead of on an annual basis, which 

Phillips believed would pose a 


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significant burden, Philips stated that 

testing should be required only once for 

the product unless the product goes 

through major changes. (Philips, No. 7 

at p. 51) NEMA also strongly 

recommended testing be required only 

once and not annually. (NEMA, No. 8 at 

p. 3) 

Regarding certification reports, Lutron 

requested clarification on how DOE 

addresses discrepancies between the 

engineering analysis submitted for the 

initial certification report and testing 

conducted for the final certification 

reports. (Lutron, Public Meeting 

Transcript, No. 7 at p. 58) 

7. Laboratory Accreditation 

In the NOPR, DOE proposed that 

facilities that conduct testing for GSIL 

lifetime be accredited to NVLAP or an 

organization recognized by NVLAP. 

DOE received several stakeholder 

comments regarding the burden such 

accreditation would pose on 

manufacturers. First, NEMA stated the 

NVLAP-accredited GSIL lifetime testing 

is a new requirement and 

manufacturers’ accredited laboratories 

have limited resources for GSIL lifetime 

testing. Second, NEMA stated that most 

manufacturers test for lifetime at factory 

lifetime test facilities that are not 

NVLAP accredited. Further, these 

facilities would require significant 

investment in order to become NVLAP 

accredited. (NEMA, No. 8 at p. 4) NEMA 

noted that since NVLAP accredits to 

efficacy and lifetime standards 

separately, lifetime testing can be 

performed at laboratories at plant sites 

accredited only to the lifetime test 

standard. Photometry and colorimetry 

testing would then occur at accredited 

laboratories on sample sets taken from 

the same lots. NEMA, however, 

emphasized costs would still be 

significant as each plant would need to 

be accredited for lifetime testing. 

(NEMA, No. 8 at p. 5) 

After further review, DOE has decided 

not to require NVLAP accreditation for 

laboratories conducting GSIL lifetime 

testing. NVLAP accreditation involves 

ensuring the laboratory is executing 

testing according to industry reference 

standards and practices that include an 

assessment of laboratory equipment and 

competency of personnel. DOE has not 

found evidence that NVLAP 

accreditation for incandescent lifetime 

testing, which does not require precise 

measurements, would provide 

significant value. Further, as noted in 

the NOPR, NVLAP imposes fees of 

$9,000 and $8,000 on years one and two 

of accreditation and subsequently, fees 

alternate between $5,000 and $8,000, 

with the $8,000 fee corresponding to the 

on-site evaluation required every other 

year. Based on the above comments, 

manufacturers plan to conduct 

performance testing and lifetime testing 

at different laboratories, with lifetime 

testing conducted at plant-level 

laboratories. These manufacturer-site 

laboratories have no previous NVLAP 

accreditations. Hence, manufacturers 

would have to obtain accreditation at 

each plant for lifetime testing. DOE has 

concluded, therefore, that NVLAP 

accreditation for GSIL lifetime testing 

would provide few benefits compared to 

the added costs. Therefore, in this final 

rule, DOE is not requiring 

manufacturers to conduct GSIL lifetime 

testing in a laboratory accredited to 

NVLAP or an organization recognized 

by NVLAP. DOE may, however, 

reevaluate the accreditation requirement 

for GSIL lifetime testing at a later time. 

DOE does require NVLAP 

accreditation for facilities conducting 

GSIL energy performance measurements 

(e.g. lumen output, wattage, CRI) and 

will continue to do so. The accuracy of 

such performance measurements are 

highly dependent on precisely 

calibrated equipment and test execution 

that appropriately follows industry 

reference standards and practices. 

Further, manufacturers indicated they 

would be conducting GSIL performance 

testing at laboratories that either already 

have NVLAP accreditation for GSIL 

performance testing or NVLAP 

accreditation for other test procedures. 

In cases where a laboratory has a 

NVLAP accreditation, the cost of adding 

accreditation to another test procedure 

is incremental. 

DOE also received several comments 

regarding the procedural aspects of 

NVLAP accreditation. ICF commented 

that IES withdraws test procedures after 

ten years and therefore, IESNA LM–49– 

2001 may be out of circulation at the 

end of 2011 posing a potential problem 

for laboratories that are not already 

accredited to the test procedure. (ICF, 

Public Meeting Transcript, No. 7 at p. 

48) As indicated previously, DOE will 

no longer be requiring NVLAP 

accreditation to the GSIL lifetime test 

procedure. DOE notes that ten 

laboratories are currently accredited by 

NVLAP to IESNA LM–49–2001 in the 

United States and these laboratories will 

continue to be accredited to the test 

procedure even after it is withdrawn. 

DOE also verified with NVLAP that 

additional laboratories may become 

accredited to IESNA LM–49–2001 even 

after it is withdrawn. 

P.R. China noted that NVLAP and the 

China National Accreditation Service 

(CNAS) signed the International 

Laboratory Accreditation Cooperation 

(ILAC) Mutual Recognition 

Arrangement to accredit testing 

laboratories based on ISO/IEC 17025. 

P.R. China requested that DOE allow 

CNAS accredited laboratories for 

lifetime and efficiency testing in order 

to reduce the testing burden. (P.R. 

China, No. 9 at p. 3) As discussed above, 

DOE is removing the requirement that 

GSIL lifetime testing must be conducted 

at an NVLAP or NVLAP-recognized 

organization and therefore P.R. China’s 

concerns are unwarranted. DOE does, 

however, continue to require GSIL 

performance testing be completed at a 

laboratory accredited by NVLAP or a 

NVLAP-recognized organization, which 

includes foreign laboratories accredited 

by foreign accrediting bodies that have 

mutual recognition agreements through 

ILAC with NVLAP. 62 FR 29221, 29235 

P.R. China also stated that DOE’s 

requirement for NVLAP certification on 

energy performance tests does not 

conform to relevant international 

agreements including Article 2.2 of the 

TBT which states that members should 

ensure that adopted technical rules and 

regulations do not cause unnecessary 

barriers to international trade. P.R. 

China suggested that DOE reconsider 

this certification requirement or provide 

the scientific basis for it. (P.R. China, 

No. 9 at p. 4) P.R. China also stated this 

final rule should become effective after 

DOE performs a review of the mutual 

laboratory qualification recognition 

procedures of World Trade Organization 

(WTO) member states. P.R. China 

suggested this approach as a way for 

DOE to comply with Article 6.3 of the 

TBT which encourages member states to 

come to an agreement on recognizing 

each other’s qualification evaluation 

procedures. (P.R. China, No. 9 at pp. 3– 

4) 

As stated previously, DOE’s existing 

requirements necessitate test facilities 

that conduct performance testing be 

NVLAP-accredited or accredited by an 

organization recognized by NVLAP. 

This allows for other accreditation 

organizations that entered into mutual 

recognition agreements through ILAC 

with NVLAP to also perform testing. 

DOE has therefore concluded that the 

accreditation requirement is not causing 

trade barriers. Further, DOE finds any 

additional review of mutual 

qualification recognition procedures to 

be unnecessary due to the mutual 

recognition agreements with NVLAP. 

8. GSIL Lifetime Testing Costs 

DOE received several comments 

regarding the burden posed by the cost 

of GSIL lifetime testing on 

manufacturers. Philips commented that 

this cost would pose significant burden 


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on both small and large manufacturers. 

OSI added that for larger manufacturers 

the cost would be applicable at each 

manufacturing location. (Philips, Public 

Meeting Transcript, No. 7 at p. 62; OSI, 

Public Meeting Transcript, No. 7 at p. 

62) NEMA contended DOE had 

underestimated GSIL lifetime testing 

costs in the NOPR. NEMA’s own 

estimates suggest it would require a 

total initial investment of $133,000 and 

labor costs per year of $60,000 to test 

100 basic models at an accredited 

lifetime test facility with a minimum of 

2,000 lifetime test spaces. NEMA noted 

that most major manufacturers have a 

portfolio comprising more than 100 

products. Additionally, NEMA 

emphasized preparation for lifetime 

testing was a significant investment that 

would have to be incurred in the near 

future for a mature technology that is 

being phased out in many areas. 

(NEMA, No. 8 at pp. 4–5). NEMA also 

stated that since these costs were not 

small for large manufacturers that they 

would pose a significant burden for 

smaller manufacturers. (NEMA, No. 8 at 

p. 4) 

For this final rule, DOE conducted an 

independent calculation of GSIL 

lifetime testing costs. As in the NOPR, 

DOE based this estimate on the use of 

a still camera with a programmable 

snapshot system to record lamp 

operation. This is less labor intensive 

and costly than in person inspection. 

DOE’s estimate of initial investment 

costs included installation labor and 

equipment for the lamp test racks, 

voltage regulator, and camera-based 

monitoring system. DOE also estimated 

labor costs for conducting the lifetime 

testing based on an hourly rate of $100. 

DOE then developed three separate cost 

estimates each for a manufacturer 

producing four, 50, and 100 models and 

adhering to the sampling requirement of 

21 lamps per model. As mentioned in 

the NOPR, DOE had determined that 

small manufacturers of GSILs produce 

anywhere from four to 50 models. 

Further, DOE found that 100 models 

was a valid representation for large 

manufacturer production of general 

service incandescent lamps. 

While NEMA’s estimate assumed 

testing would be conducted for all 

models at once, DOE’s calculations were 

based on a staggered test approach. DOE 

determined that over the course of a 

year, 1,000-hour lifetime tests for four 

models could be completed with one 

rack; 50 models with two racks; and 100 

models with three racks. For 

comparison purposes, DOE scaled 

NEMA’s estimates which were based on 

20 racks (or testing 100 models at once) 

down to using one, two and three racks. 

For four models (one rack), NEMA’s 

scaled-down estimate was about 

$10,000 while DOE’s estimate was 

$13,000. NEMA’s scaled-down estimate 

for 50 models (two racks) was about 

$20,000 and DOE’s estimate was 

$63,000. NEMA’s scaled-down estimate 

for 100 models (three racks) was 

$29,000 and DOE’s estimate was 

$118,000. 

Based on DOE’s higher estimates, a 

small manufacturer producing 50 

models would have to make an initial 

investment cost of about $20,000 and 

incur labor costs of about $40,000. In 

subsequent years, testing costs would be 

much smaller because only new 

products or substantially redesigned 

products would need to be tested. 

Assuming a conservative estimate of $1 

million in revenue for a small business, 

initial testing costs would represent 

about six percent of revenue, but when 

amortized over subsequent years with 

little or no testing, testing costs would 

account for a smaller percentage of 

revenue. In addition, some businesses 

may already have lifetime data that 

could be used for representation 

purposes from previously completed 

FTC labeling testing. Based on these 

estimates, DOE has concluded that GSIL 

lifetime testing costs would not pose a 

substantial burden on small 

manufacturers. See section IV.B for 

further analysis of the impacts of this 

final rule on small manufacturers. 

For a large manufacturer producing 

100 models, DOE estimates an initial 

investment cost of $32,000 and about 

$86,000 for labor costs. This total cost 

is a negligible percentage of a large 

manufacturer’s revenue. Therefore, 

based on these estimates, DOE has 

concluded that GSIL lifetime testing 

would not pose a substantial burden on 

large manufacturers. 

With regards to testing burden, 

Philips also commented that when 

considering the products and testing 

requirements covered in the NOPR, DOE 

needed to either reduce the number of 

products that need to be tested or the 

testing requirements. (Philips, Public 

Meeting Transcript, No. 7 at p. 63–64) 

All products covered by standards must 

be tested for the purpose of compliance. 

(42 U.S.C. 6295(s)) DOE’s test 

requirements ensure that compliance 

with these standards can be verified. 

9. Summary of GSIL Lifetime Testing 

As specified in the sections above, 

DOE is incorporating IESNA LM–49– 

2001 as the industry reference standard 

in this lifetime test procedure, defining 

rated lifetime, prescribing a minimum 

sample size of 21, and establishing 

laboratory accreditation requirements. 

C. Effective Date for the Amended Test 

Procedures 

The effective date for these test 

procedure amendments would be 30 

days after publication of the test 

procedure final rule in the Federal 

Register. At that time, manufacturers 

and importers of covered GSFLs, IRLs, 

and GSILs may use the amended test 

procedure for making representations of 

the energy efficiency or energy 

consumption of each basic model. 

Additionally, for GSFLs and IRLs, 

manufacturers may use the amended 

test procedure or the existing test 

procedures to certify compliance with 

DOE’s test procedure. 

The compliance date for making any 

representations of the energy efficiency 

or energy consumption derived from the 

revised version of the test procedure for 

GSFLs, IRLs, and GSILs is 180 days 

from the date of publication of the test 

procedure final rule in the Federal 

Register. On or after that date, any 

manufacturer representations, including 

those made on marketing materials and 

product labels, must be based upon 

results generated under these new and 

amended test procedures and the 

applicable sampling plans. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that test procedure 

rulemakings do not constitute 

‘‘significant regulatory actions’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735 (Oct. 4, 1993). Accordingly, this 

action was not subject to review under 

the Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IFRA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. 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 that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 


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has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site: www.gc.doe.gov. 

Today’s final rule will adopt test 

procedure provisions for GSFLs and 

GSILs, primarily through updates to 

industry testing standards, as well as 

specification of a procedure for testing 

GSIL lifetime. DOE has reviewed the 

final rule under the provisions of the 

Regulatory Flexibility Act and the 

policies and procedures published on 

February 19, 2003. For the reasons 

explained below, DOE certifies that the 

test procedure adopted in today’s final 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

The Small Business Administration 

(SBA) has set a size threshold for 

manufacturers of GSFLs, GSILs, and 

IRLs that defines those entities 

classified as ‘‘small businesses’’ for the 

purposes of the Regulatory Flexibility 

Analysis. DOE used the SBA’s small 

business size standards to determine 

whether any small manufacturers of 

GSFLs, GSILs, and IRLs would be 

subject to the requirements of the rule. 

65 FR 30836, 30849 (May 15, 2000), as 

amended at 65 FR 53533, 53545 (Sept. 

5, 2000) and codified at 13 CFR part 

121. The size standards are listed by 

North American Industry Classification 

System (NAICS) code and industry 

description and are available at 

www.sba.gov/sites/default/files/ 

Size_Standards_Table.pdf. GSFL, GSIL, 

and IRL manufacturing is classified 

under NAICS 335110, ‘‘Electric Lamp 

Bulb and Part Manufacturing.’’ The SBA 

sets a threshold of 1,000 employees or 

less for an entity to be considered as a 

small business for this category. 

For this rulemaking, DOE determined 

the number of small business U.S. 

manufacturers of covered GSFLs, GSILs, 

and IRLs. First, DOE compiled a 

preliminary list of potential small 

business manufacturers of GSFLs, 

GSILs, and IRLs by searching the 

Hoover’s and the SBA databases and 

also conducting general searches of the 

covered products. DOE then sought to 

determine if the companies identified 

actually manufactured the covered lamp 

types. From among the potential GSFL 

small business manufacturers initially 

identified, DOE was able to determine 

by reviewing the company Web sites 

that only one company qualified as a 

small business U.S. manufacturer of 

covered GSFLs. Similarly, DOE was also 

able to determine by reviewing 

company Web sites that there were no 

small business U.S. manufacturers of 

covered IRLs. These results for the 

number of GSFL and IRL small business 

U.S. manufacturers is the same as 

determined in the 2009 GSFL and IRL 

standards rulemaking. 74 FR 34080, 

34174 (July 14, 2009). For GSILs, DOE 

reviewed company Web sites and 

contacted companies as necessary and 

identified six small business U.S. 

manufacturers of covered GSILs. 

DOE has determined that the updated 

versions of the industry test methods for 

GSFLs and GSILs performance testing 

adopted in this final rule would not 

result in significant changes in test 

setup and methodology. The changes in 

these updated versions modify certain 

specifications such as impedance 

thresholds, voltage and current 

regulations and provide additional 

guidance on methods such as lamp 

stabilization. However, the updates are 

not making fundamental changes as to 

how GSFL or GSIL performance testing 

is conducted. Therefore, DOE has 

concluded that these changes will not 

add a significant amount of testing time 

or require additional test equipment. 

Further, DOE is not making any 

revisions to the IRL performance test 

procedure as there are no relevant 

updates to industry test methods, 

current best practices, or technical 

developments that necessitate 

modifications. Therefore, DOE has 

concluded that there will not be a 

significant economic impact on small 

business manufacturers of GSFLs, 

GSILs, and IRLs with regards to 

performance testing. 

For the GSIL lifetime test procedure, 

DOE determined that GSIL small 

manufacturers are producing anywhere 

from four to 50 models of GSILs and 

provided cost estimates including labor 

for conducting the testing. DOE received 

several comments regarding these cost 

estimates and for this final rule 

reassessed these estimates for small 

business manufacturers. 

Based on DOE’s estimates for this 

final rule, a small manufacturer 

producing 50 models would have to 

make an initial investment cost of about 

$20,000 and incur labor costs of about 

$40,000. The details of this cost estimate 

are provided in section III.B.8. In 

subsequent years, testing costs would be 

much smaller because only new 

products or redesigned products would 

need to be tested. Assuming a 

conservative estimate of $1 million in 

revenue for a small business, initial 

testing costs would represent about six 

percent of revenue, but when amortized 

over subsequent years with little or no 

testing, testing costs would account for 

a lesser percentage of revenue. In 

addition, some businesses may already 

have lifetime data from previously 

completed FTC labeling testing. Based 

on these reassessed costs, DOE has 

concluded that the GSIL lifetime test 

procedure prescribed in this final rule 

will not result in a significant economic 

impact on small manufacturers. 

Accordingly, DOE has not prepared a 

regulatory flexibility analysis for this 

rulemaking. DOE’s certification and 

supporting statement of factual basis has 

been provided to the Chief Counsel for 

Advocacy of the SBA for review under 

5 U.S.C. 605(b). DOE certifies that this 

rule would have no significant impact 

on a substantial number of small 

entities. 

C. Review Under the Paperwork 

Reduction Act of 1995 

The collection-of-information 

requirement applicable to this 

rulemaking has been approved by OMB 

under OMB control number 1910–1400. 

Public reporting burden for the 

certification is estimated to average 20 

hours per response, including the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Notwithstanding any other provision 

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 of information displays a 

currently valid OMB Control Number. 

D. Review Under the National 

Environmental Policy Act of 1969 

In this final rule, DOE amends its test 

procedure for GSFLs, GSILs, and IRLs. 

DOE has determined that this rule falls 

into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. 

Specifically, this rule amends an 

existing rule without affecting the 

amount, quality or distribution of 

energy usage, and, therefore, will not 

result in any environmental impacts. 

Thus, this rulemaking is covered by 

Categorical Exclusion A5 under 10 CFR 

part 1021, subpart D, which applies to 

any rulemaking that interprets or 

amends an existing rule without 

changing the environmental effect of 

that rule. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 


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formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

Executive Order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. DOE 

examined this final rule and determined 

that it will not have a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of today’s final rule. 

States can petition DOE for exemption 

from such preemption to the extent, and 

based on criteria, set forth in EPCA. (42 

U.S.C. 6297(d)) No further action is 

required by Executive Order 13132. 

F. Review Under Executive Order 12988 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard; and (4) promote simplification 

and burden reduction. Section 3(b) of 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this final rule 

meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

regulatory action resulting in a rule that 

may cause the expenditure by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more in any one year 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish a written statement that 

estimates the resulting costs, benefits, 

and other effects on the national 

economy. (2 U.S.C. 1532(a), (b)) The 

UMRA also requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirements that might 

significantly or uniquely affect small 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820; also available at http:// 

www.gc.doe.gov. DOE examined today’s 

final rule according to UMRA and its 

statement of policy and determined that 

the rule contains neither an 

intergovernmental mandate, nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s final rule will not have any 

impact on the autonomy or integrity of 

the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights’’ 53 FR 8859 

(March 18, 1988), that this regulation 

will not result in any takings that might 

require compensation under the Fifth 

Amendment to the U.S. Constitution. 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516 note) provides 

for agencies to review most 

disseminations of information to the 

public under guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

today’s final rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

K. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

Today’s regulatory action is not a 

significant regulatory action under 

Executive Order 12866. Moreover, it 

would not have a significant adverse 

effect on the supply, distribution, or use 

of energy, nor has it been designated as 

a significant energy action by the 

Administrator of OIRA. Therefore, it is 

not a significant energy action, and, 


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Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4215 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91; 42 U.S.C. 7101), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977. (15 U.S.C. 

788; FEAA) Section 32 essentially 

provides in relevant part that, where a 

proposed rule authorizes or requires use 

of commercial standards, the notice of 

proposed rulemaking must inform the 

public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The final rule incorporates testing 

methods contained in the following 

commercial standards: IES LM–9–2009, 

‘‘IES Approved Method for Electrical 

and Photometric Measurements of 

Fluorescent Lamps;’’ IES LM–45–2009, 

‘‘IES Approved Method for Electrical 

and Photometric Measurement of 

General Service Incandescent Filament 

Lamps;’’ IESNA LM–49–2001, ‘‘IESNA 

Approved Method for Life Testing of 

Incandescent Filament Lamps;’’ and 

ANSI C78.81–2010, ‘‘American National 

Standard for Electric Lamps—DoubleCapped Fluorescent Lamps— 

Dimensional and Electrical 

Characteristics.’’ DOE has consulted 

with both the Attorney General and the 

Chairman of the FTC about the impact 

on competition of using the methods 

contained in these standards and has 

received no comments objecting to their 

use. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

N. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Buildings and facilities, 

Business and industry, Energy 

conservation, Grants programs—energy, 

Housing, Reporting and recordkeeping 

requirements, Technical assistance. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on December 

21, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

For the reasons stated in the 

preamble, DOE amends parts 429 and 

430 of Chapter II of title 10 of the Code 

of Federal Regulations to read as set 

forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Section 429.27 is amended by 

■ a. Removing in paragraph (a)(2)(i) first 

sentence, ‘‘, general service 

incandescent lamp,’’; 

■ b. Adding in paragraph (a)(2)(ii) 

introductory text ‘‘and general service 

incandescent lamp’’ after ‘‘general 

service fluorescent lamp’’; and removing 

the words, ‘‘paragraph (a)(2)(i)’’ and 

adding in their place, the words, 

‘‘paragraphs (a)(2)(i) and (a)(2)(iii)’’; and 

■ c. Adding new paragraphs (a)(2)(iii) 

and (a)(2)(iv). 

The additions read as follows: 

§ 429.27 General service fluorescent 

lamps, general service incandescent lamps, 

and incandescent reflector lamps. 

(a) * * * 

(2) * * * 

(iii) For each basic model of general 

service incandescent lamp, for 

measurements of rated wattage and 

rated lumen output, samples of 

production lamps shall be obtained 

from a 12-month period, tested, and the 

results averaged. A minimum sample of 

21 lamps shall be tested. The 

manufacturer shall randomly select a 

minimum of three lamps from each 

month of production for a minimum of 

7 out of the 12-month period. In the 

instance where production occurs 

during fewer than 7 of such 12 months, 

the manufacturer shall randomly select 

3 or more lamps from each month of 

production, where the number of lamps 

selected for each month shall be 

distributed as evenly as practicable 

among the months of production to 

attain a minimum sample of 21 lamps. 

Any represented value of rated wattage 

of a basic model shall be based on the 

sample and shall be greater than or 

equal to the higher of: 

(A) The mean of the sample, where: 

and, x ̄ is the sample mean; n is the 

number of samples; and xi is the ith

sample; Or, 

(B) The upper 95 percent confidence 

limit (UCL) of the true mean divided by 

1.03, where: 

and x ̄ is the sample mean; s is the 

sample standard deviation; n is the 

number of samples; and t0.95 is the t 

statistic for a 95% two-tailed confidence 

interval with n-1 degrees of freedom 

(from Appendix A to this subpart). 

(iv) For each basic model of general 

service incandescent lamp, for 

measurements of rated lifetime, a 

minimum sample of 21 lamps shall be 

tested. The manufacturer shall 

randomly select a minimum of three 

lamps from each month of production 

for a minimum of 7 out of the 12-month 

period. In the instance where 

production occurs during fewer than 7 

of such 12 months, the manufacturer 

shall randomly select three or more 

lamps from each month of production, 

where the number of lamps selected for 

each month shall be distributed as 

evenly as practicable among the months 

of production to attain a minimum 

sample of 21 lamps. The lifetime shall 

be represented as the length of operating 

time between first use and failure of 50 

percent of the sample size, in 

accordance with test procedures 

described in section 4.2 of Appendix R 

to subpart B of part 430 of this chapter. 

Compliance will be determined by the 

percentage of sample size that meets the 

minimum rated lifetime. 

* * * * * 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 3. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

4. Section 430.2 is amended by: 

■ a. Removing in paragraph (2) of the 

definition of ‘‘Colored fluorescent 


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4216 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

lamp’’ the words ‘‘IESNA LM–9’’ and 

adding in its place ‘‘IES LM–9’’; and 

■ b. Adding in alphabetical order the 

definition of ‘‘Rated lifetime for general 

service incandescent lamps’’ to read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

Rated lifetime for general service 

incandescent lamps means the length of 

operating time of a sample of lamps (as 

defined in § 429.27(a)(2)(iv) of this 

chapter) between first use and failure of 

50 percent of the sample size in 

accordance with test procedures 

described in IESNA LM–49 

(incorporated by reference; see § 430.3), 

as determined in section 4.2 of 

Appendix R of this subpart. The 

operating time is based on the middle 

lamp operating time for an odd number 

of samples and the average operating 

time of the two middle lamps for an 

even number of samples. 

* * * * * 

■ 5. Section 430.3 is amended by: 

■ a. Removing paragraph (c)(5) and 

redesignating paragraphs (c)(6) through 

(c)(19) as paragraphs (c)(5) through 

(c)(18); 

■ b. Revising the newly redesignated 

paragraph (c)(5); 

■ c. Revising paragraphs (k)(2) and 

(k)(5); and 

■ d. Redesignating paragraph (k)(6) as 

(k)(7) and adding new paragraph (k)(6). 

The revisions and additions read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(c) ANSI. * * * 

(5) ANSI_ANSLG C78.81–2010, 

(‘‘ANSI C78.81’’), American National 

Standard for Electric Lamps—DoubleCapped Fluorescent Lamps— 

Dimensional and Electrical 

Characteristics, approved January 14, 

2010, IBR approved for § 430.2, 

§ 430.32, appendix Q, appendix Q1, and 

appendix R to subpart B. 

* * * * * 

(k) IESNA. * * * 

(2) IES LM–9–09, (‘‘IES LM–9’’), IES 

Approved Method for the Electrical and 

Photometric Measurement of 

Fluorescent Lamps, approved January 

31, 2009; IBR approved for § 430.2 and 

appendix R to subpart B. 

* * * * * 

(5) IES LM–45–09, (‘‘IES LM–45’’), 

IES Approved Method for the Electrical 

and Photometric Measurement of 

General Service Incandescent Filament 

Lamps, approved December 14, 2009; 

IBR approved for appendix R to subpart 

B. 

(6) IESNA LM–49–01 (‘‘IESNA LM– 

49’’), IESNA Approved Method for Life 

Testing of Incandescent Filament 

Lamps, approved December 1, 2001, IBR 

approved for § 430.2 and appendix R to 

subpart B. 

* * * * * 

■ 6. Section 430.23 is amended by 

adding paragraph (r)(6) to read as 

follows: 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(r) * * * 

(6) The rated lifetime for general 

service incandescent lamps shall be 

measured in accordance with test 

procedures described in section 4.2 of 

Appendix R of this chapter. A lamp 

shall be compliant with standards if 

greater than 50 percent of the sample 

size specified in § 429.27 meets the 

minimum rated lifetime as specified by 

energy conservations standards for 

general service incandescent lamps. 

* * * * * 

■ 7. Section 430.25 is revised to read as 

follows: 

§ 430.25 Laboratory Accreditation 

Program. 

Testing for fluorescent lamp ballasts 

performed in accordance with appendix 

Q1 to this subpart shall comply with 

this § 430.25. The testing for general 

service fluorescent lamps, general 

service incandescent lamps, and 

incandescent reflector lamps shall be 

performed in accordance with 

Appendix R to this subpart. The testing 

for medium base compact fluorescent 

lamps shall be performed in accordance 

with Appendix W of this subpart. This 

testing, with the exception of lifetime 

testing of general service incandescent 

lamps, shall be conducted by test 

laboratories accredited by the National 

Voluntary Laboratory Accreditation 

Program (NVLAP) or by an accrediting 

organization recognized by NVLAP. 

NVLAP is a program of the National 

Institute of Standards and Technology, 

U.S. Department of Commerce. NVLAP 

standards for accreditation of 

laboratories that test for compliance 

with standards for fluorescent lamp 

ballast luminous efficiency (BLE), lamp 

efficacy, lamp lifetime, and fluorescent 

lamp CRI are set forth in 15 CFR part 

285. A manufacturer’s or importer’s own 

laboratory, if accredited, may conduct 

the applicable testing. Testing for BLE 

may also be conducted by laboratories 

accredited by Underwriters Laboratories 

or Council of Canada. Testing for 

fluorescent lamp ballasts performed in 

accordance with Appendix Q to this 

subpart is not required to be conducted 

by test laboratories accredited by 

NVLAP or an accrediting organization 

recognized by NVLAP. 

■ 8. Appendix Q to subpart B of part 

430 is amended by revising sections 1.5 

through 1.10 and 2.1 to read as follows: 

Appendix Q to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Fluorescent 

Lamp Ballasts 

1. Definitions 

* * * * * 

1.5 F40T12 lamp means a nominal 40 

watt tubular fluorescent lamp which is 48 

inches in length and one and a half inches 

in diameter, and conforms to ANSI C78.81 

(Data Sheet 7881–ANSI–1010–1) 

(incorporated by reference; see § 430.3). 

1.6 F96T12 lamp means a nominal 75 

watt tubular fluorescent lamp which is 96 

inches in length and one and a half inches 

in diameter, and conforms to ANSI C78.81 

(Data Sheet 7881–ANSI–3007–1) 

(incorporated by reference; see § 430.3). 

1.7 F96T12HO lamp means a nominal 

110 watt tubular fluorescent lamp that is 96 

inches in length and one and a half inches 

in diameter, and conforms to ANSI C78.81 

(Data Sheet 7881–ANSI–1019–1) 

(incorporated by reference; see § 430.3). 

1.8 F34T12 lamp (also known as a 

‘‘F40T12/ES lamp’’) means a nominal 34 watt 

tubular fluorescent lamp that is 48 inches in 

length and one and a half inches in diameter, 

and conforms to ANSI C78.81 (Data Sheet 

7881–ANSI–1006–1) (incorporated by 

reference; see § 430.3). 

1.9 F96T12/ES lamp means a nominal 60 

watt tubular fluorescent lamp that is 96 

inches in length and one and a half inches 

in diameter, and conforms to ANSI C78.81 

(Data Sheet 7881–ANSI–3006–1) 

(incorporated by reference; see § 430.3). 

1.10 F96T12HO/ES lamp means a 

nominal 95 watt tubular fluorescent lamp 

that is 96 inches in length and one and a half 

inches in diameter, and conforms to ANSI 

C78.81 (Data Sheet 7881–ANSI–1017–1) 

(incorporated by reference; see § 430.3). 

* * * * * 

2. Test Conditions. 

2.1 Measurement of Active Mode Energy 

Consumption, BEF. The test conditions for 

testing fluorescent lamp ballasts shall be 

done in accordance with ANSI C82.2 

(incorporated by reference; see § 430.3). Any 

subsequent amendment to this standard by 

the standard setting organization will not 

affect the DOE test procedures unless and 

until amended by DOE. The test conditions 

for measuring active mode energy 

consumption are described in sections 4, 5, 

and 6 of ANSI C82.2. The test conditions 

described in this section (2.1) are applicable 

to section 3.1 of section 3, Test Method and 

Measurements. For section 2.1 and 3, ANSI 

C78.81 (incorporated by reference; see 

§ 430.3), ANSI C82.1 (incorporated by 

reference; see § 430.3), ANSI C82.11 

(incorporated by reference; see § 430.3), and 

ANSI C82.13 (incorporated by reference; see 

§ 430.3) shall be used when applying ANSI 


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C82.2 instead of the versions listed as 

normative references in ANSI C82.2. 

* * * * * 

■ 9. Appendix Q1 to subpart B of part 

430 is amended by revising sections 2.1, 

2.3.1, and 2.4.1 to read as follows: 

Appendix Q1 to Subpart B of Part 430— 

Uniform Test Method for Measuring the 

Energy Consumption of Fluorescent 

Lamp Ballasts 

* * * * * 

2. Active Mode Procedure 

2.1. Where ANSI C82.2 (incorporated by 

reference; see § 430.3) references ANSI 

C82.1–1997, the operator shall use ANSI 

C82.1 (incorporated by reference; see § 430.3) 

for testing low-frequency ballasts and shall 

use ANSI C82.11 (incorporated by reference; 

see § 430.3) for testing high-frequency 

ballasts. In addition when applying ANSI 

C82.2, ANSI C78.81 (incorporated by 

reference; see § 430.3), ANSI C82.1, ANSI 

C82.11, and ANSI C82.13 (incorporated by 

reference; see § 430.3) shall be used instead 

of the versions listed as normative references 

in ANSI C82.2. 

* * * * * 

2.3. Test Setup 

2.3.1. The ballast shall be connected to a 

main power source and to the fluorescent 

lamp load according to the manufacturer’s 

wiring instructions and ANSI C82.1 

(incorporated by reference; see § 430.3) and 

ANSI C78.81 (incorporated by reference; see 

§ 430.3). 

* * * * * 

2.4. Test Conditions 

2.4.1. The test conditions for testing 

fluorescent lamp ballasts shall be done in 

accordance with ANSI C82.2 (incorporated 

by reference; see § 430.3). DOE further 

specifies that the following revisions of the 

normative references indicated in ANSI 

C82.2 should be used in place of the 

references directly specified in ANSI C82.2: 

ANSI C78.81 (incorporated by reference; see 

§ 430.3), ANSI C82.1 (incorporated by 

reference; see § 430.3), ANSI C82.3 

(incorporated by reference; see § 430.3), ANSI 

C82.11 (incorporated by reference; see 

§ 430.3), and ANSI C82.13 (incorporated by 

reference; see § 430.3). All other normative 

references shall be as specified in ANSI 

C82.2. 

* * * * * 

■ 10. Appendix R to subpart B of part 

430 is amended by: 

■ a. Revising sections 2.1, 2.9, 3.1, 3.2, 

4.1.1, 4.2.1, 4.2.2, and, 4.4.1; 

■ b. Adding new sections 4.2.3 and 

4.2.3.1; and 

■ c. Removing section 4.5. 

The revisions and additions read as 

follows: 

Appendix R to Subpart B of Part 430— 

Uniform Test Method for Measuring 

Average Lamp Efficacy (LE), Color 

Rendering Index (CRI), Correlated 

Color Temperature (CCT), and Lamp 

Lifetime of Electric Lamps 

* * * * * 

2. Definitions 

2.1 To the extent that definitions in the 

referenced IESNA and CIE standards do not 

conflict with the DOE definitions, the 

definitions specified in section 3.0 of IES 

LM–9 (incorporated by reference; see 

§ 430.3), section 3.0 of IESNA LM–20 

(incorporated by reference; see § 430.3), 

section 3.0 and the Glossary of IES LM–45 

(incorporated by reference; see § 430.3), 

section 2 of IESNA LM–58 (incorporated by 

reference; see § 430.3), and Appendix 1 of 

CIE 13.3 (incorporated by reference; see 

§ 430.3) shall be included. 

* * * * * 

2.9 Reference condition means the test 

condition specified in IES LM–9 for general 

service fluorescent lamps, in IESNA LM–20 

for incandescent reflector lamps, and in IES 

LM–45 for general service incandescent 

lamps. 

3. Test Conditions 

3.1 General Service Fluorescent Lamps: 

For general service fluorescent lamps, the 

ambient conditions of the test and the 

electrical circuits, reference ballasts, 

stabilization requirements, instruments, 

detectors, and photometric test procedure 

and test report shall be as described in the 

relevant sections of IES LM–9 (incorporated 

by reference; see § 430.3). 

3.2 General Service Incandescent Lamps: 

For general service incandescent lamps, the 

selection and seasoning (initial burn-in) of 

the test lamps, the equipment and 

instrumentation, and the test conditions shall 

be as described in IES LM–45 (incorporated 

by reference; see § 430.3). 

* * * * * 

4. Test Methods and Measurements * * * 

4.1.1 The measurement procedure shall 

be as described in IES LM–9 (incorporated by 

reference; see § 430.3), except that lamps 

shall be operated at the appropriate voltage 

and current conditions as described in ANSI 

C78.375 (incorporated by reference; see 

§ 430.3) and in ANSI C78.81 (incorporated by 

reference; see § 430.3) or ANSI C78.901 

(incorporated by reference; see § 430.3), and 

lamps shall be operated using the appropriate 

reference ballast at input voltage specified by 

the reference circuit as described in ANSI 

C82.3 (incorporated by reference; see 

§ 430.3). If, for a lamp, both low-frequency 

and high-frequency reference ballast settings 

are included in ANSI C78.81 or ANSI 

C78.901, the lamp shall be operated using the 

low-frequency reference ballast. 

* * * * * 

4.2 General Service Incandescent Lamps 

4.2.1 The measurement procedure shall 

be as described in IES LM–45 (incorporated 

by reference; see § 430.3). Lamps shall be 

operated at the rated voltage as defined in 

§ 430.2. 

4.2.2 The test procedure shall conform to 

sections 6 and 7 of IES LM–45, and the 

lumen output of the lamp shall be 

determined in accordance with section 7 of 

IES LM–45. Lamp electrical power input in 

watts shall be measured and recorded. Lamp 

efficacy shall be determined by computing 

the ratio of the measured lamp lumen output 

and lamp electrical power input at 

equilibrium for the reference condition. The 

test report shall conform to section 8 of IES 

LM–45. 

4.2.3 The measurement procedure for 

testing the lifetime of general service 

incandescent lamps shall be as described in 

IESNA LM–49 (incorporated by reference; see 

§ 430.3). The lifetime measurement shall be 

taken by measuring the operating time of a 

lamp, expressed in hours, not including any 

off time. The percentage of the sample size 

that meets the minimum rated lifetime shall 

be recorded. The lamp shall be deemed to 

meet minimum rated lifetime standards if 

greater than 50 percent of the sample size 

specified in § 429.27 meets the minimum 

rated lifetime. 

4.2.3.1 Accelerated lifetime testing is not 

allowed. The second paragraph of section 6.1 

of IESNA LM–49 is to be disregarded. 

* * * * * 

4.4 Determination of Color Rendering 

Index and Correlated Color Temperature 

4.4.1 The CRI shall be determined in 

accordance with the method specified in CIE 

13.3 (incorporated by reference; see § 430.3) 

for general service fluorescent lamps. The 

CCT shall be determined in accordance with 

the method specified in IES LM–9 

(incorporated by reference; see § 430.3) and 

rounded to the nearest 10 kelvin for general 

service fluorescent lamps. The CCT shall be 

determined in accordance with the CIE 15 

(incorporated by reference; see § 430.3) for 

incandescent lamps. The required 

spectroradiometric measurement and 

characterization shall be conducted in 

accordance with the methods set forth in 

IESNA LM–58 (incorporated by reference; see 

§ 430.3). 

* * * * * 

[FR Doc. 2012–1681 Filed 1–26–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0956; Directorate 

Identifier 2011–NE–23–AD; Amendment 39– 

16928; AD 2012–02–05] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH Reciprocating 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Thielert Aircraft Engines GmbH (TAE) 


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