Department of Energy

Washington, DC 20585

July 1, 1996

The Honorable Janet Reno

Attorney General

U. S. Department of Justice

10th & Pennsylvania Avenue, N.W.

Washington, DC 20530

Dear Madam Attorney General:

The Department of Energy (DOE) is preparing to issue a final rule establishing test

procedures for fluorescent and incandescent lamps . These test procedures will

adopt industry test standards for the purpose of providing energy efficiency and

color rendering index ratings. This regulation is part of the energy conservation

program for appliances established by Title III, Part B of the Energy Policy and

Conservation Act (EPCA). 42 U.S.C. 6201 et seq.

The rulemaking is subject to section 32(c) of the Federal Energy Administration

Authorization Act of 1977, which provides as follows:

The Administrator shall not incorporate within any rule, nor prescribe any

rule specifically authorizing or requiring the use of, any commercial

standards unless he has consulted with the Attorney General and the

Chairman of the Federal Trade Commission concerning the impact, of such

standards on competition and neither such individual recommends against

such incorporation or use.

DOE assumed the functions of the Federal Energy Administration with regard to

this program for appliances under

, the Department of Energy Organization Act. 42

U.S.C. 701 et seq.

In a November 1994 letter, I requested your comments on the incorporation of

certain industry test standards into an interim final DOE rule setting forth test

procedures for fluorescent and incandescent lamps. You did not raise any

objection or otherwise comment on incorporation of these standards into DOE's

interim final rule.

Since that time, DOE has conducted extensive public proceedings concerning final

test procedures for fluorescent and incandescent lamps. The Department has

determined that several of the industry testing standards that had been

incorporated into the interim final rule should be replaced in the final rule with the

latest versions of those testing standards, and that the final rule should incorporate

f

 EE-RM-94-220-IF COMMENT 40
certain testing standards that had not been included in the interim final rule, as

follows:

1. Revised testing standards to be incorporated into the final rule.

a. Illuminating Engineering Society ("IES") LM-16-1993,

"Illuminating Engineering Society Practical Guide to Colorimetry of Light

Sources" (replaces IES LM-16-84, with the same title, which was

incorporated in the interim final rule);

b. Illuminating Engineering Society LM-20-1994, "Illuminating

Engineering Society Approved Method for Photometric Measuring and

Reporting Tests on Reflector Type Lamps" (replaces IES LM-20-1982,

with the same title, which was incorporated in the interim final rule); and

c. Illuminating Engineering Society LM-58-1994, "Illuminating

Engineering Society Guide to Spectroradiometric Measurements" (replaces

IES LM-58-83, with the same title, which was incorporated in the interim

final rule).

2. Additional testing standards to be incorporated into the final rule.

a. American National Standard C79.1-1994, "Nomenclature for

Glass Bulbs--Intended for Use with Electric Lamps"

b. American National Standard C78.21-1989, "Incandescent

Lamps--PAR and R Shapes" and

c. IES Lighting Handbook, Reference and Application, 8th

Edition, 1993, Chapter 6, Light Sources.

The incorporation of industry standards in the DOE test procedures will provide

manufacturers the ability to determine the energy efficiency of fluorescent and

incandescent lamps and the color rendering index of fluorescent lamps, in

accordance with the energy efficiency standards established by EPCA.

We anticipate issuance of the final test procedures for fluorescent and incandescent

lamps in July 1996. In order to meet this schedule, please provide any comments

on competitive impacts of the above-referenced commercial standards no later than

July 30, 1996. If we have not heard from you by then, we will assume that you

will not recommend against the incorporation or use of these commercial standards

in the final rule.

 EE-RM-94-220-IF COMMENT 40
3

Thank you for your attention to this matter. If members of your staff have any

questions about this, they may contact Edward Levy ofmy office: His telephone

number is (202) 586-9507.

Sincerely,

Robert R. Nordhaus

General Counsel

 EE-RM-94-220-IF COMMENT 40
Department of Energy

Washington, DC 20585

July 1, 1996

The Honorable Robert Pitofski

Chairman

Federal Trade Commission

Room 440

Sixth and Pennsylvania Avenue, N.W.

Washington, D.C. 20580

Dear Mr. Chairman:

The Department of Energy (DOE) is preparing to issue a final rule establishing test

procedures for fluorescent and incandescent lamps. These test procedures will

adopt industry test standards for the purpose of providing energy efficiency and

color rendering index ratings. This regulation is part of the energy conservation

program for appliances established by Title III, Part B of the Energy Policy and

Conservation Act (EPCA). 42 U.S.C. 6201 et s ____l ec .

The rulemaking is subject to section 32(c) of the Federal Energy Administration

Authorization Act of 1977, which provides as follows:

The Administrator shall not incorporate within any rule, nor prescribe any

rule specifically authorizing or requiring the use of, any commercial

standards unless he has consulted with the Attorney General and the

Chairman of the Federal Trade Commission concerning the impact of such

standards on competition and neither such individual recommends against

such incorporation or use.

DOE assumed the functions of the Federal Energy Administration with regard to

this program for appliances under the Department of Energy Organization Act. 42

U.S.C. 701 et sea.

In a November 1994 letter, I requested your comments on the incorporation of

certain industry test standards into an interim final DOE rule setting forth test

procedures for fluorescent and incandescent lamps. You did not raise any

objection or otherwise comment on incorporation of these standards into,DOE's

interim final rule.

Since that-time, DOE has conducted extensive public proceedings concerning final

test procedures for fluorescent and incandescent lamps. The Department has

determined that several of the industry testing standards that had been

incorporated into the interim final rule should be replaced in the final rule with the

latest versions of those testing standards, and that the final rule should incorporate

 EE-RM-94-220-IF COMMENT 40
certain testing standards that had not been included in the interim final rule, as

follows:

1. Revised testing standards to be incorporated into the final rule.

a. Illuminating Engineering Society ("IES") LM- 16-1993, ,

"Illuminating Engineering Society Practical Guide to Colorimetry of Light

Sources" (replaces IES LM-16-84 , with the same title, which was

incorporated in the interim final rule);

b. Illuminating Engineering Society LM-20-1994 , "Illuminating

Engineering Society Approved Method for Photometric Measuring and

Reporting Tests on Reflector Type Lamps " (replaces IES LM-20-1982,

with the same title, which was incorporated in the interim final rule); and

c. Illuminating Engineering Society LM-58-1994 , "Illuminating

Engineering Society Guide to Spectroradiometric Measurements" (replaces

IES LM-58-83, with the same title, which was incorporated in the interim

final rule).

2. Additional testing standards to be incorporated into the final

rule.

a. American National Standard C79.1-1994, "Nomenclature for

Glass Bulbs--Intended for Use with Electric Lamps" •

b. American National Standard C78.21-1989, "Incandescent

Lamps--PAR and R Shapes" and

c. IES Lighting Handbook, Reference and Application, 8th

Edition, 1993 Chapter 6, Light Sources.

The incorporation of industry standards in the DOE test procedures will provide

manufacturers the ability to determine the energy efficiency of fluorescent and

incandescent lamps and the color rendering index of fluorescent lamps, in

accordance with the energy efficiency standards established by EPCA.

We anticipate issuance of the final test procedures for fluorescent and incandescent

lamps in July 1996. In order to meet this schedule, please provide any comments

on competitive impacts of the above-referenced commercial standards no later than

July 30, 1996. If we have not heard from you by then, we will assume that you

will not recommend against the incorporation or use of these commercial standards

in the final rule.

 EE-RM-94-220-IF COMMENT 40
Thank you for your attention to this matter.' If members of your staff have any

questions about this, they may contact Edward Levy of my office. His telephone

number is (202) 586-9507.

Sincerely,

 EE-RM-94-220-IF COMMENT 40