## 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 fcertain 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.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

## 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 incorporatecertain 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.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,