[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Proposed Rules]
[Pages 13648-13663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04764]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / 
Proposed Rules

[[Page 13648]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2019-BT-TP-0024]
RIN 1904-AE51


Energy Conservation Program: Test Procedure for Ceiling Fan Light 
Kits

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and announcement of public 
meeting.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedure for ceiling fan light kits (``CFLKs''). DOE proposes to 
update references to industry standards to their latest versions and 
incorporate industry standards necessary for executing the test; to 
allow for the use of a goniophotometer; to revise definitions regarding 
CFLKs with solid-state lighting (``SSL'') light sources to clarify the 
scope and test methods for CFLKs; and to remove obsolete provisions. 
DOE is seeking comment from interested parties on the proposal.

DATES: DOE will accept comments, data, and information regarding this 
proposal no later than May 9, 2022. See section V, ``Public 
Participation,'' for details. DOE will hold a webinar on Monday, April 
11, 2022, from 1:00 p.m. to 2:30 p.m. See section V, ``Public 
Participation,'' for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants. If no participants register for the webinar, it 
will be cancelled.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov, under docket 
number EERE-2019-BT- TP-0024. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments by 
email to <a href="/cdn-cgi/l/email-protection#a2e1e4eee99092939bf6f292929096e2c7c78cc6cdc78cc5cdd4"><span class="__cf_email__" data-cfemail="dd9e9b9196efedece4898dededefe99db8b8f3b9b2b8f3bab2ab">[email protected]</span></a>. Include docket number EERE-2019-BT-
TP-0024 in the subject line of the message. No telefacsimiles 
(``faxes'') will be accepted. For detailed instructions on submitting 
comments and additional information on this process, see section V of 
this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently 
suspending receipt of public comments via postal mail and hand 
delivery/courier. If a commenter finds that this change poses an undue 
hardship, please contact Appliance Standards Program staff at (202) 
586-1445 to discuss the need for alternative arrangements. Once the 
COVID-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    The docket web page can be found at www.regulations.gov/docket?D=EERE-2019-BT-TP-0024. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1943. Email <a href="/cdn-cgi/l/email-protection#165766667a7f7778757345627778727764726547637365627f7978655673733872797338717960"><span class="__cf_email__" data-cfemail="55142525393c343b36300621343b313427312604203026213c3a3b261530307b313a307b323a23">[email protected]</span></a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-2588. Email: <a href="/cdn-cgi/l/email-protection#a7e6cac2cbcec689f0cfced3d3cec9c0e7cfd689c3c8c289c0c8d1"><span class="__cf_email__" data-cfemail="1f5e727a73767e314877766b6b7671785f776e317b707a31787069">[email protected]</span></a>.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in a public meeting (if 
one is held), contact the Appliance and Equipment Standards Program 
staff at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#94d5e4e4f8fdf5faf7f1c7e0f5faf0f5e6f0e7c5e1f1e7e0fdfbfae7d4f1f1baf0fbf1baf3fbe2"><span class="__cf_email__" data-cfemail="7f3e0f0f13161e111c1a2c0b1e111b1e0d1b0c2e0a1a0c0b1610110c3f1a1a511b101a51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously 
approved incorporation by reference and to incorporate by reference the 
following industry standards into 10 CFR part 430:

ANSI/IES LM-9-20--Approved Method: Electrical and Photometric 
Measurement of Fluorescent Lamps, Approved February 7, 2020 (``IES 
LM-9-20'').
ANSI/IES LM-54-20--Approved Method: IES Guide to Lamp Seasoning, 
Approved February 7, 2020 (``IES LM-54-20'').
IESNA LM-75-01/R12--Goniophotometer Types and Photometric 
Coordinates, Approved August 4, 2001.
IES LM-78-17--Approved Method: Total Flux Measurement of Lamps Using 
an Integrating Sphere, Approved January 9, 2017.
ANSI/IES LM-78-20--Approved Method: Total Luminous Flux Measurement 
of Lamps Using an Integrating Sphere Photometer, Approved February 
7, 2020 (``IES LM-78-20'').
ANSI/IES LM-79-19--Approved Method: Optical and Electrical 
Measurements of Solid-State Lighting Products, Approved February 28, 
2019 (``IES LM-79-19'').

    Copies of IES LM-9-20, IES LM-54-20, IESNA LM-75-01/R12, IES LM-78-
17, IES LM-78-20, and IES LM-79-19 can be obtained by going to https://www.ies.org/store.
    For a further discussion of these standards, see section IV.M.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability
    B. Updates to Industry Standards
    1. IES LM-9
    2. IES LM-79
    C. Proposed Amendments to Appendix V1
    1. Revising Definitions for CFLKs with SSL Light Sources
    2. Photometric Measurements

[[Page 13649]]

    D. Proposed Amendments to Appendix V
    E. Proposed Amendments to 10 CFR 429.33, 10 CFR 430.23, and 10 
CFR 430.32.
    F. Reporting
    G. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization
    H. Compliance Date
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. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    DOE's energy conservation standards and test procedures for CFLKs 
are currently prescribed at title 10 of the Code of Federal Regulations 
(``CFR''), part 430 section 32(s), 10 CFR part 430, subpart B, appendix 
V (``Appendix V''), and 10 CFR part 430, subpart B, appendix V1 
(``Appendix V1''). The following sections discuss DOE's authority to 
establish test procedures for CFLKs and relevant background information 
regarding DOE's consideration of test procedures for this product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include CFLKs, the subject of this document. (42 U.S.C. 
6291(50), 42 U.S.C. 6293(16)(A)(ii), 42 U.S.C. 6295(ff)(2)-(5))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Infrastructure Investment and Jobs Act, 
Public Law 117-58 (Nov. 15, 2021).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291), 
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making other representations about the efficiency of those 
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these 
test procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    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 requires that any test procedures prescribed or 
amended under this section 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 not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    EPCA, as codified, directs DOE to establish test procedures for 
CFLKs based on the test procedures referenced in the Energy Star 
specifications for Residential Light Fixtures and Compact Fluorescent 
Light Bulbs, as in effect on August 8, 2005. EPCA also specifies that 
once established, DOE may review and revise the test procedures. (42 
U.S.C. 6293(b)(16))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including CFLKs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle or period of 
use. (42 U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved. (42 U.S.C. 6293(b)(2)). If DOE determines 
that test procedure revisions are not appropriate, DOE must publish its 
determination not to amend the test procedures. (42 U.S.C. 
6293(b)(1)(A)(ii))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the International 
Electrotechnical

[[Page 13650]]

Commission (``IEC'') Standard 62301 \3\ and IEC Standard 62087 \4\ as 
applicable. (42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------

    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018). 1-04).
---------------------------------------------------------------------------

    DOE is publishing this notice of proposed rulemaking (``NOPR'') in 
satisfaction of the 7-year review requirement specified in EPCA. (42 
U.S.C. 6293(b)(1)(A))

B. Background

    DOE's existing test procedure for CFLKs appears at title 10 of the 
CFR part 430, subpart B, appendix V (``Uniform Test Method for 
Measuring the Energy Consumption of Ceiling Fan Light Kits With Pin-
Based Sockets for Fluorescent Lamps'') and title 10 of the CFR part 
430, subpart B, appendix V1 (``Uniform Test Method for Measuring the 
Energy Consumption of Ceiling Fan Light Kits Packaged With Other 
Fluorescent Lamps (not Compact Fluorescent Lamps or General Service 
Fluorescent Lamps), Packaged With Other SSL Lamps (not Integrated LED 
[light-emitting diode] Lamps), or With Integrated SSL Circuitry'').
    On December 24, 2015, DOE published a final rule (``December 2015 
Final Rule'') making two key updates to its CFLK test procedure. 80 FR 
80209 (Dec. 24, 2015) First, DOE updated the CFLK test procedure to 
require that representations of efficacy, including certifications of 
compliance with CFLK standards, be made according to the corresponding 
DOE lamp test procedures, where they exist (e.g., for a CFLK with 
medium screw base sockets that is packaged with compact fluorescent 
lamps (``CFLs''), the CFLK test procedure references the DOE test 
procedure for CFLs at 10 CFR 430.23(y)). 80 FR 80209, 80211. Second, 
DOE updated the CFLK test procedure by establishing in a separate 
appendix, i.e., appendix V1, the test procedure for CFLKs packaged with 
inseparable light sources that require luminaire efficacy testing 
(e.g., CFLKs with integrated SSL circuitry) and for CFLKs packaged with 
lamps for which DOE test procedures did not exist. 80 FR 80209, 80212. 
With these changes, the December 2015 Final Rule aligned CFLK 
requirements for measuring efficacy of lamps and/or light sources in 
CFLKs with current DOE lamp test procedures.
    The December 2015 Final Rule also replaced references to superseded 
ENERGY STAR requirements with the latest versions of industry standards 
in appendix V, the test procedure for measuring system efficacy of the 
lamp-and-ballast platform. Additionally, for ease of reference, the 
final rule replaced references to ENERGY STAR requirements in existing 
CFLK standards contained in 10 CFR 430.32(s) with the specific 
requirements. 80 FR 80209, 80211. Further, in that final rule, DOE 
determined that it accounts for standby mode energy consumption of 
CFLKs under the efficiency metric for ceiling fans rather than under 
the CFLK efficiency metric; and therefore, did not specify a standby 
mode test procedure for CFLKs. 80 FR 80209, 80212. Representations 
regarding CFLKs subject to the January 21, 2020 standards must be based 
on the amended test procedure, including appendix V1.\5\ See 80 FR 
80209, 80220; 81 FR 580 (January 6, 2016); 83 FR 22587 (May 16, 2018).
---------------------------------------------------------------------------

    \5\ DOE published a final rule that changed the compliance date 
from January 7, 2019 to January 21, 2020 to comply with Public Law 
115-161, ``Ceiling Fan Energy Conservation Harmonization Act'' (the 
``Act''), which was signed into law on April 3, 2018. 83 FR 22587 
(May 16, 2018). The Act amended the compliance date for CFLK 
standards to establish a single compliance date for the energy 
conservation standards for both CFLKs and ceiling fans. Id.
---------------------------------------------------------------------------

    On August 6, 2021, DOE published a NOPR amending the certification 
requirements for CFLKs (``August 2021 NOPR''). 86 FR 43120 (Aug. 6, 
2021) In the August 2021 NOPR, DOE proposed to update the reporting 
requirements for CFLKs to address the January 21, 2020 standards and 
remove the reporting requirements for the January 1, 2007 standards. 
The August 2021 NOPR proposed to align the CFLK certification reporting 
requirements at 10 CFR 429.33 with the CFLK energy conservation 
standards relating to: (a) Efficacy for light sources in CFLKs; (b) 
lumen maintenance, lifetime, and rapid cycle stress testing for medium 
screw base CFLs in CFLKs; (c) electronic ballasts for pin-based 
fluorescent lamps in CFLKs; (d) test sample size; and (e) kind of lamp. 
86 FR 43126, 43128.
    EPCA requires DOE to review test procedures for covered products at 
least once every 7 years. 42 U.S.C. 6293(b)(1)(A) DOE initiated the 
first step in the 7 year review process by publishing a request for 
information (``RFI'') document on May 4, 2021 (``May 2021 RFI''), which 
identified specific issues on which DOE seeks input to aid in its 
analysis of whether an amended test procedure for CFLKs would more 
accurately or fully comply with the requirement that the test procedure 
produces results that measure energy use during a representative 
average use cycle for the product, and not be unduly burdensome to 
conduct. 86 FR 23635.
    DOE received comments in response to the May 2021 RFI from the 
interested parties listed in Table I.1.

             Table I.1--List of Commenters With Written Submissions in Response to the May 2021 RFI
----------------------------------------------------------------------------------------------------------------
               Commenter(s)                   Reference in this NOPR                  Commenter type
----------------------------------------------------------------------------------------------------------------
kecaph...................................  kecaph......................  Private Citizen.
American Lighting Association............  ALA.........................  Trade Association.
California Investor-Owned Utilities......  CA IOUs.....................  Utilities.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\6\
---------------------------------------------------------------------------

    \6\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for CFLKs. (Docket No. EERE-2019-BT-TP-0024, which 
is maintained at www.regulations.gov). The references are arranged 
as follows: (Commenter name, comment docket ID number at page of 
that document).
---------------------------------------------------------------------------

C. Deviation From Appendix A

    In accordance with section 3(a) of 10 CFR part 430, subpart C, 
appendix A (``appendix A''), DOE notes that it is deviating from the 
provision in appendix A regarding publication of an additional pre-NOPR 
rulemaking document. Section 8(b) of appendix A. DOE is opting to 
deviate from this step because, as discussed in the following section 
DOE's proposal is limited to updating the referenced version of the 
applicable industry standard, proposing certain terminology changes, 
and deleting an obsolete reference. DOE has tentatively determined the 
proposals do not require consideration of test data or market data that 
would typically be requested through an additional pre-

[[Page 13651]]

NOPR rulemaking document, such as an RFI or notice of data 
availability.

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to update 10 CFR 430.23(x), appendix V, 
and appendix V1 as follows: (1) Update references to industry standards 
to their latest versions and incorporate industry standards necessary 
for executing the test; (2) modify appendix V1 to allow for the use of 
a goniophotometer; (3) revise definitions regarding CFLKs with SSL 
light sources in appendix V1 to clarify the scope and test methods for 
CFLKs; and (4) remove appendix V, the test procedure that must be used 
for CFLKs with pin-based sockets that are manufactured on or after 
January 1, 2007, and prior to January 21, 2020 and rename appendix V1 
as appendix V.
    DOE's proposed actions are summarized in Table II.1 compared to the 
current test procedure as well as the reason for the proposed change.

  Table II.1--Summary of Changes in Proposed Test Procedure Relative to
                         Current Test Procedure
------------------------------------------------------------------------
                                     Proposed test
   Current DOE test procedure          procedure          Attribution
------------------------------------------------------------------------
References the 2009 version of    Adopts the latest   Harmonize with
 IES LM-9 for taking electrical    version, i.e.,      updated industry
 and photometric measurement of    2020, of the        standards.
 fluorescent lamps in appendix     referenced
 V1.                               industry standard.
References the 2008 version of    Adopts the latest   Harmonize with
 IES LM-79, which provides         version, i.e.,      updated industry
 methods for taking electrical     2019, of the        standards.
 and photometric measurements of   referenced
 SSL products in appendix V1.      industry standard.
Does not incorporate IES LM-54,   Adopts IES LM-54    Industry standard
 the industry standard for lamp    which is            addition in test
 seasoning, in appendix V1.        referenced for      procedure.
                                   lamp seasoning in
                                   IES LM-9.
Does not incorporate IES LM-78,   Adopts IES LM-78-   Industry standard
 the industry standard for         20 which is         addition in test
 measurements in an integrating    referenced for      procedure.
 sphere, in appendix V1.           integrating
                                   sphere
                                   measurements in
                                   IES LM-9 and
                                   adopts IES LM-78-
                                   17 which is
                                   referenced for
                                   integrating
                                   sphere
                                   measurements in
                                   IES LM-79.
Defines ``CFLK with integrated    Updates the term    Clarifies the
 SSL circuitry'' and ``other SSL   names and           categories CFLK
 products'' in appendix V1.        definitions for     products fall
                                   ``CFLK with         into, and thereby
                                   integrated SSL      the test methods
                                   circuitry'' and     (i.e., luminaire
                                   ``other SSL         or lamp efficacy)
                                   products,'' to      to which they are
                                   ``CFLK with non-    subject.
                                   consumer-
                                   replaceable SSL
                                   circuitry'' and
                                   ``CFLK with
                                   consumer-
                                   replaceable SSL
                                   circuitry,''
                                   respectively.
                                   Updates the
                                   definitions for
                                   these terms.
References appendix V and         Removes appendix V  Removes a section
 appendix V1.                                          of the test
                                                       procedure that is
                                                       no longer
                                                       applicable.
Does not allow the use of a       Allows the use of   Allows
 goniophotometer.                  a goniophotometer   manufacturers
                                   and adopts IESNA    flexibility in
                                   LM-75, which is     testing.
                                   referenced for
                                   goniophotometer
                                   measurements in
                                   IES LM-79.
------------------------------------------------------------------------

    DOE has tentatively determined that the proposed amendments 
described in section III of this NOPR would not alter the measured 
efficiency of CFLKs or require retesting or recertification solely as a 
result of DOE's adoption of the proposed amendments to the test 
procedures, if made final. DOE has tentatively determined that the 
proposed amendments described in section III of this NOPR are 
reasonably designed to more accurately measure energy efficiency for 
CFLKs during a representative average use cycle and are not overly 
burdensome to conduct. Additionally, DOE has tentatively determined 
that the proposed amendments, if made final, would not increase the 
cost of testing. Discussion of DOE's proposed actions are addressed in 
detail in section III of this NOPR.

III. Discussion

    Although the May 2021 RFI requested comments, information and data 
regarding several specific issues, DOE welcomed written comments from 
the public on any subject within the scope of the document (including 
topics not raised in the RFI). In response to the May 2021 RFI, DOE 
received several general comments. Kecaph stated that ceiling fan 
lights need to be inspected and that the public is not going to pay for 
light fixtures that are not working properly. (kecaph, No. 2 at p. 1) 
Regarding early assessment RFIs, the CA IOUs reiterated their recent 
comments to DOE's NOPR on Procedures, Interpretations, and Policies for 
Consideration in New or Revised Energy Conservation Standards and Test 
Procedures for Consumer Products and Commercial/Industrial Equipment 
(``Process Rule''). The CA IOUs generally supported DOE's proposal to 
remove inactive components of the test procedure and update references 
to industry resources, but the CA IOUs believed that early assessment 
RFIs are largely unnecessary. Instead, the CA IOUs recommended that DOE 
return to the publication of a RFI as the first step of a rulemaking. 
(CA IOUs, No. 3 at pp. 1-2)
    As stated in section I.A, DOE is publishing this NOPR to satisfy 
the 7-year review requirement specified in EPCA to review test 
procedures for CFLKs. The scope of this NOPR does not cover inspection 
of installed ceiling fan lights, but rather addresses how to measure 
their energy efficiency. The scope of this notice also does not cover 
changes to the Process Rule. More information regarding updates to the 
Process Rule can be found on www.regulations.gov under docket number 
EERE-2021-BT-STD-0003-0044.
    ALA stated that it strongly supported that all assessments of 
standby power continue to be calculated with the ceiling fan's standby 
power. (ALA, No. 4 at p. 2) As discussed in section I.B of this 
document, DOE determined in the December 2015 Final Rule that standby 
mode energy consumption of CFLKs is accounted for under the efficiency 
metric for ceiling fans, rather than under the CFLK efficiency metric; 
and therefore did not specify a standby mode test procedure for CFLKs. 
80 FR 80209, 80212. DOE continues to find this determination valid and 
therefore is not proposing a standby mode test procedure for CFLKs in 
this NOPR.

[[Page 13652]]

A. Scope of Applicability

    This rulemaking addresses the DOE test procedure for CFLKs. DOE 
defines CFLKs as follows:

    Ceiling fan light kit means equipment designed to provide light 
from a ceiling fan that can be--(1) Integral, such that the 
equipment is attached to the ceiling fan prior to the time of retail 
sale; or (2) Attachable, such that at the time of retail sale the 
equipment is not physically attached to the ceiling fan, but may be 
included inside the ceiling fan at the time of sale or sold 
separately for subsequent attachment to the fan.

10 CFR 430.2
    The scope of the test procedure in appendix V1 covers fluorescent 
lamps other than compact fluorescent lamps or general service 
fluorescent lamps, SSL products other than integrated LED lamps, or 
integrated SSL circuitry packaged with CFLKs. To support the test 
procedure for CFLKs the following terms are defined in appendix V1: 
``CFLK with integrated SSL circuitry,'' ``Covers,'' ``Other (non-CFL 
and non-GSFL) fluorescent lamp,'' ``Other SSL products,'' and ``Solid-
State Lighting (SSL).'' In the definitions of ``Other SSL products'' 
and ``SSL'', DOE cites organic light-emitting diode (``OLEDs'') as an 
example of a type of light source that uses SSL technology.
    ALA stated that no manufacturers have any plans to use OLEDs in 
CFLKs. (ALA, No. 4 at p. 2) DOE has included OLEDs as an example of SSL 
technology because it is a type of light source that may be used in 
CFLKs, even if it is not at present. Therefore, DOE maintains the use 
of OLEDs as examples of an SSL product, to ensure there is an 
applicable test procedure for these products.

B. Updates to Industry Standards

    The current DOE test procedure for CFLKs in appendix V1 specifies 
instructions for measuring the lamp efficacy or luminaire efficacy, as 
applicable. Appendix V1 incorporates by reference the 2009 version of 
Illuminating Engineering Society (``IES'') Lighting Measurement and 
Testing (``LM'')-9 (``IES LM-9-09'' \7\) for testing ``other 
fluorescent lamps'' (i.e., not CFLs or general service fluorescent 
lamps (``GSFLs'')) and the 2008 version of IES LM-79 (``IES LM-79-08'' 
\8\) for testing ``other SSL products'' (i.e., not integrated LED 
lamps) and CFLKs with integrated SSL circuitry. Appendix V1 references 
these industry standards for test conditions and measurements. These 
referenced industry test standards have been updated by industry since 
DOE last amended its test procedures. IES LM-9-09 has been updated with 
a 2020 version \9\ (IES LM-9-20) and IES LM-79-08 has been updated with 
a 2019 version \10\ (IES LM-79-19). In addition, DOE is proposing to 
incorporate by reference IES LM-54-20,\11\ IESNA LM-75-01/R12,\12\ IES 
LM-78-20,\13\ and IES LM-78-17 \14\ for appendix V1. DOE received 
several comments on how the changes in the updated versions of these 
standards would impact DOE's test procedure for CFLKs.
---------------------------------------------------------------------------

    \7\ Illuminating Engineering Society, IES LM-9-09 IES Approved 
Method: Electrical and Photometric Measurement of Fluorescent Lamps. 
Approved January 31, 2009.
    \8\ Illuminated Engineering Society, IES LM-79-08 Approved 
Method: Electrical and Photometric Measurements of Solid-State 
Lighting Products. Approved December 31, 2007.
    \9\ Illuminating Engineering Society, ANSI/IES LM-9-20 Approved 
Method: Electrical and Photometric Measurement of Fluorescent Lamps. 
Approved February 7, 2020.
    \10\ Illuminating Engineering Society, ANSI/IES LM-79-19 
Approved Method: Optical and Electrical Measurements of Solid-State 
Lighting Products. Approved February 28, 2019.
    \11\ Illuminating Engineering Society, ANSI/IES LM-54-20 
Approved Method: IES Guide to Lamp Seasoning, Approved February 7, 
2020.
    \12\ Illuminated Engineering Society of North America, IESNA LM-
75-01/R12 Goniophotometer Types and Photometric Coordinates. 
Approved August 4, 2001.
    \13\ Illuminating Engineering Society, ANSI/IES LM-78-20 
Approved Method: Total Luminous Flux Measurement of Lamps Using an 
Integrating Sphere Photometer. Approved February 7, 2020.
    \14\ Illuminating Engineering Society of North America, IES LM-
78-17 IES Approved Method for Total Flux Measurement of Lamps Using 
an Integrating Sphere. Approved January 9, 2017.
---------------------------------------------------------------------------

    The CA IOUs suggested, regarding IES LM-9, LM-54, LM-78, LM-79, and 
any other lighting industry test procedures referenced in the DOE test 
procedure, that DOE communicate directly with the sponsoring bodies to 
obtain information regarding the impacts of the proposed changes to the 
referenced industry standards. The CA IOUs suggested that, in the 
absence of such information, DOE commission testing of CFLKs using 
currently referenced industry standards and proposed updates to 
referenced industry standards to make an independent determination. (CA 
IOUs, No. 3 at p. 2)
    ALA stated that all the LM methods identified in the May 2021 RFI 
are simply updated American National Standards Institute (``ANSI'') 
accredited versions of LMs currently used. ALA further stated that it 
typically supports updating standards that are backed by ANSI and have 
no initial concerns with making these updates as long as there is no 
meaningful difference in the measured value. (ALA, No. 4 at p. 1) ALA 
stated that ALA's CFLK manufacturers do not have data to share that 
shows the difference between current LMs and updated LMs since their 
members focus their testing on what is currently required under 
regulations. (ALA, No. 4 at p. 1) ALA stated that their members have 
heard from other fixture and light source manufacturers that the 
measurable differences are insignificant. ALA stated that if pre-
rulemaking testing proves otherwise and results in excessive retesting, 
ALA CFLK manufacturers will oppose updates to the LMs as it will be 
costly and time consuming. (ALA, No. 4 at pp. 1-2)
    DOE has tentatively concluded that the proposed updates to industry 
test standard references do not involve substantive changes to the test 
setup and methodology and therefore do not pose additional test burden 
and will have no impact on test costs. Further, DOE has tentatively 
determined that incorporation by reference of the latest versions will 
not change measured values, better aligns DOE test procedures with 
industry practice, and further increases the clarity of the test 
methods. DOE requests comment on its assessments of the impacts of 
incorporating by reference IES LM-9-20, IES LM-54-20, IESNA LM-75-01/
R12, IES LM-79-19, IES LM-78-20, and IES LM-78-17 for appendix V1. Each 
proposed industry test standard is discussed in the following sections.
1. IES LM-9
    IES LM-9 provides methods for taking electrical and photometric 
measurements of fluorescent lamps. DOE's initial review indicates no 
major changes in IES LM-9-20 compared to IES LM-9-09, except for 
updates to certain relevant references. Firstly, section 6.2 of IES LM-
9-20 updates its reference of IES LM-54, the industry standard for lamp 
seasoning, from the 1999 version \15\ (``IESNA LM-54-99'') to the 2020 
version (IES LM-54-20). Secondly, section 7.0 of IES LM-9-20 updates 
its references of IES LM-78, the industry standard for measurements in 
an integrating sphere, from the 2007 version \16\ (``IESNA LM-78-07'') 
to the 2020 version (IES LM-78-20). DOE has tentatively concluded that 
updates in IES LM-9-20 would not change final measured values and 
proposes to update references from the 2009 version of IES LM-9 to the 
2020 version in appendix

[[Page 13653]]

V1. These updates are discussed in detail in the following sections.
---------------------------------------------------------------------------

    \15\ Illuminating Engineering Society of North America, LM-54-99 
IESNA Guide to Lamp Seasoning, Approved May 10, 1999.
    \16\ Illuminating Engineering Society of North America, IESNA 
LM-78-07 IESNA Approved Method for Total Luminous Flux Measurement 
of Lamps Using an Integrating Sphere Photometer. Approved January 
28, 2007.
---------------------------------------------------------------------------

    Because lamp seasoning is a necessary part of testing fluorescent 
lamps in CFLKs, DOE is proposing to incorporate by reference IES LM-54-
20 for appendix V1 and to reference it when referencing IES LM-9-20 in 
appendix V1. Because an integrating sphere is a method used to make 
necessary photometric measurements of fluorescent lamps in CFLKs, DOE 
is proposing to incorporate by reference IES LM-78-20 for appendix V1 
and to reference it when referencing IES LM-9-20 directly in appendix 
V1.
(a) IES LM-54
    IES LM-54 is the industry standard for lamp seasoning. Appendix V1 
currently references sections of IES LM-9-09, which reference IESNA LM-
54-99. The 2020 version of IES LM-9, proposed for incorporation by 
reference for appendix V1 in this notice, updated this reference to IES 
LM-54-20. The 2020 version of IES LM-54 adds numerous new sections, 
which codify best practices, that labs are likely already following. 
Specifically, IES LM-54-20 adds section 4.0 on physical environment 
test conditions that covers topics such as keeping labs clean and 
within the ambient temperature range; not subjecting lamps to excessive 
vibration/shock; and using airflow to cool the seasoning area. IES LM-
54-20 also adds section 5.0 on electrical test conditions, which 
includes instructions on frequency, voltage wave shape, and voltage 
regulation; basic lamp connection protocols; and setting up an adjacent 
ground for fluorescent lamps. Additionally, IES LM-54-20 includes new 
section 6.1 on test preparation which addresses how to handle and mark 
lamps. Finally, IES LM-54-20 adds a statement in section 6.2.1.1 
expressly stating that the orientation of the lamp during seasoning 
should be maintained for the entire test.
    Based on DOE's knowledge of third party labs, DOE understands that 
the added instructions in IES LM-54-20 regarding the appropriate 
physical conditions of the lab, test setup for taking electrical 
measurements, and marking and handling the lamps physical environment 
conditions are basic steps followed by labs when conducting testing. 
These basic instructions are also included in most up to date industry 
standards. Therefore, DOE has tentatively determined that the additions 
in IES LM-54-20 are industry best practices for taking lamp 
measurements, and therefore likely are already being followed by 
laboratories. DOE has tentatively concluded that the changes in IES LM-
54-20 will allow for further accuracy in testing but will not impact 
final measured values of efficacy.
(b) IES LM-78
    IES LM-78 is the industry standard for taking measurements in an 
integrating sphere. Appendix V1 currently references sections of IES 
LM-9-09 which reference IESNA LM-78-07. The 2020 version of IES LM-9, 
proposed for incorporation by reference for appendix V1 in this NOPR, 
has updated this reference to IES LM-78-20.
    DOE identified several changes in the 2020 version of IES LM-78 
compared to the 2007 version, including additions in the 2020 version 
that are not in 2007 version. The 2020 version includes a discussion of 
spectral measurements, in new sections 7.1.2 and 7.2.2, on taking 
measurements with a spectroradiometer within a sphere. Section 5.1 and 
5.2 of IES LM-78-20 also provides specific sections on 2[pi] and 4[pi] 
geometry, respectively. For 4[pi] geometry, the 2020 version adds the 
specification that the total surface area of the lamp should be less 
than 2 percent of the total area of the sphere wall. Section 5.3 of IES 
LM-78-20 adds an explanation on using sphere angular response 
distribution function (``SRDF'') to assess sphere responsivity. 
Further, in Section 7.2 of IES LM-78-20 the equation to compute 
luminous flux now includes subtraction of dark/stray light, a ratio of 
spectral mismatch correction factor to self-absorption factor, and the 
sphere angular non-uniformity correction factor.
    These additions do not change the existing method of taking lumen 
measurements with an integrating sphere and only add additional 
techniques that manufacturers could use if they choose to do so, such 
as using a spectroradiometer, 4[pi] geometry, 2[pi] geometry, or the 
SRDF function to determine sphere responsivity. Further, Section 6.2.1 
and Section 6.3.2 of IESNA LM-78-07 also directed that stray light and 
spectral mismatch correction, respectively should be accounted for in 
taking lumen measurements. Section 7.0 of IES LM-78-20 only explicitly 
incorporates these factors into the total luminous flux equation. DOE 
has tentatively concluded that the additional information in IES LM-78-
20 is reflective of industry learning and making more accurate and 
consistent measurements using the integrating sphere, but will not 
impact final measured values of efficacy.
    DOE also identified updates to specifications in IESNA LM-78-07. 
Section 5.1 of IES LM-78-20 states the sphere diameter shall be 1.5 
times the length of a linear lamp, whereas it was specified as 2 times 
the length in Section 6.3.7 of IESNA LM-78-07. Section 5.6 of IES LM-
78-20 also states for the degree of the spectral match to the 
V([lambda]) function, it is preferable that the value of the photometer 
be less than 3 percent, whereas it was less than 5 percent in Section 
3.5 of IESNA LM-78-07. Throughout IES LM-78-20, the term ``spatial 
luminous intensity'' is replaced with ``angular luminous intensity''. 
The updated standard has replaced ``spatial'' with ``angular'' to more 
clearly describe that light is being measured by angles.\17\ Finally, 
in Section 8.0 of IES LM-78-20, the uncertainty analysis section has 
been condensed to a list of potential sources of errors and references 
to other industry standards for guidance.
---------------------------------------------------------------------------

    \17\ The term ``spatial luminous intensity'' and ``angular 
luminous intensity'' have the same meaning in the industry standard.
---------------------------------------------------------------------------

    The change in sphere diameter will have a minimal impact on the 
size of the sphere used and subsequently on the test setup inside the 
sphere and measurements. The change in the degree of spectral match to 
the V([lambda]) function is a minor adjustment to a correction factor 
in measurement and as such will result in more accurate testing, but 
will not change the final measured value. Finally, the reorganization 
of the uncertainty analysis section has minimal impact. DOE has 
tentatively concluded that the updates to sphere diameter and spectral 
match tolerance will allow for further accuracy in testing and will not 
impact final measured values of efficacy.
2. IES LM-79
    IES LM-79 provides methods for taking electrical and photometric 
measurements of SSL products. DOE's initial review indicates several 
changes in IES LM-79-19 compared to IES LM-79-08. Regarding testing 
conditions, Section 4.2.1 of IES LM-79-19 changes the tolerance of 
ambient temperature to +/-1.2 degrees Celsius measured not more than 
1.5 meters from the test lamp, whereas in IES LM-79-08, it specified +/
-1 degree Celsius measured from not more than 1 meter. DOE has 
tentatively concluded that the change in ambient temperature and 
distance is minor and will not impact final measured values of 
efficacy.
    For instrumentation, Section 5.3.3 of IES LM-79-19 adds 
specifications that the alternating current (``AC'') power analyzer to 
have a frequency range from

[[Page 13654]]

direct current (``DC'') to at least 100 kilohertz (``kHz'') and for 
products with high-frequency components a frequency range of at least 1 
megahertz (``MHz''). Section 5.1.2 of IES LM-79-19 also adds current 
crest factor capability requirements for the AC power supply. Regarding 
power supply tolerances, Section 5.1 of IES LM-79-19 adds the 
following: (1) The supplied frequency to have a tolerance of +/-2 hertz 
(``Hz'') from the prescribed frequency; and (2) the AC voltage 
component of the DC regulated voltage to be less than 0.5 percent root 
mean square (``RMS'') of the DC regulated voltage.
    Additionally, Section 3.2 of IES LM-79-08 required that the 
calibration uncertainties of instruments for AC voltage and current be 
a minimum of 0.2 percent and for the AC power meter be a minimum of 0.5 
percent. Section 5.3 of IES LM-79-19 replaces these specifications with 
expanded uncertainty minimums of: (1) 0.4 percent for RMS AC voltage 
for 60 Hz sinusoidal waveform measurements; (2) 0.6 percent for RMS AC 
current for 0.5 Hz to 1 kHz range and 2 percent for 1 kHz to 100 kHz 
range; and (3) 1 percent for active AC power in the 0.5 Hz to 1 kHz 
range and 2 percent in the 1 kHz to 100 kHz range. DOE has tentatively 
concluded that the additions regarding tolerances of the test 
instruments and power supply measurements and updates to calibration 
uncertainties will allow for further accuracy in testing, but will not 
impact final measured values of efficacy.
    For test circuits, Section 5.0 of IES LM-79-19 adds the following 
specifications: (1) Use of separate sense leads to avoid voltage drops; 
(2) resistance and capacitance of test circuit (excluding power supply) 
to be less than respectively 0.5 ohms and 1.5 nanofarads; and (3) the 
internal impedance of voltage measurement circuits (excluding the power 
meter) to be at least 1 megaohm. DOE has tentatively concluded that the 
additions regarding the leads, resistance, capacitance and impedance 
will allow for more stable test circuits and will not impact final 
measured values of efficacy.
    For electrical measurements, Section 5.4 of IES LM-79-19 adds 
tolerances intervals of +/-0.5 percent for AC RMS voltage, +/-0.2 
percent for DC voltage and current. It also states optical and 
electrical waveforms should be analyzed to ensure measurement equipment 
is appropriate. Section 5.4 of IES LM-79-19 adds a discussion for 
testing low voltage products, stating that measurements can be taken 
with a combination of a voltages above and below set value and 
interpolated to get the required measurement. Section 5.4 of IES LM-79-
19 also addresses inrush currents, stating that the AC power supply 
should begin applying current at zero-phase or, if the product is not 
capable of a zero-phase start, the AC voltage should be ramped up from 
0 volts over a few seconds.\18\ DOE has tentatively concluded that the 
additions regarding the tolerances of voltages and analyzing waveforms 
will allow for further accuracy in testing, but will not impact final 
measured values of efficacy.
---------------------------------------------------------------------------

    \18\ Some SSL products may experience inrush currents, which are 
high instantaneous currents that occur when the power supply is 
turned on.
---------------------------------------------------------------------------

    Regarding stability, Section 6.4 of IES LM-79-19 states that to 
determine stability three readings of light output and electrical power 
must be taken at 10-minute intervals over 20 minutes. Section 5.0 of 
IES LM-79-08 required three readings taken at 15-minute intervals over 
30 minutes. Section 6.4 of IES LM-79-19 also clarifies that it is the 
average of the three measurements taken chronologically that should be 
used to determine the stabilization threshold. Additionally, unlike IES 
LM-79-08, IES LM-79-19 no longer allows the use of alternative 
stabilization methods for measurements of a number of products of the 
same model. Determining an alternative stabilization method that 
results in total lumens being within 0.5 percent of the value when the 
normal stabilization method is used would require considerable testing 
and may need to be reassessed with each basic model. Therefore, DOE has 
tentatively concluded that disallowing an alternative stabilization 
method does not change the overall test burden. DOE has tentatively 
concluded that the changes to the stabilization method will still 
result in a stabilized lamp and will not impact final measured values 
of efficacy.
    Further, section 7.2 of IES LM-79-19 updates its references of IES 
LM-78, the industry standard for measurements in an integrating sphere, 
from the 2007 version (``IESNA LM-78-07'') to the 2017 version (IES LM-
78-17). Because an integrating sphere is a method used to make 
necessary photometric measurements of light sources used in CFLKs, DOE 
is proposing to incorporate by reference IES LM-78-17 for appendix V1 
and to reference it when referencing IES LM-79-19 in appendix V1. 
Although IES LM-78-17 has been updated to IES LM-78-20, DOE is 
proposing to incorporate by reference IES LM-78-17 for appendix V1, as 
it is the version directly referenced by IES LM-79-19. DOE has 
tentatively determined that updating IESNA LM-78-07 to IES LM-78-20 
will not impact final measured values (see section III.B.1). DOE has 
also tentatively determined that changes in IES LM-78-20 compared to 
IES LM-78-17 are minor and do not impact final measured values. 
Therefore, DOE has tentatively concluded that since updating to IESNA 
LM-78-07 to IES LM-78-20 does not impact final measured values, 
updating IESNA LM-78-07 to IES LM-78-17 will also not impact final 
measured values.
    Finally, Section 7.2.2 of IES LM-79-19 adds that the 
spectroradiometer system have a wavelength uncertainty within 0.5 
nanometers. Section 7.3.2 of IES LM-79-19 also adds that for 2[pi] 
geometry the total surface area of the test lamp internal to the sphere 
should be no more than 1 percent of the total surface area of the 
sphere. DOE has tentatively concluded that the additional 
specifications regarding the spectroradiometer will allow for further 
accuracy in testing, but will not impact final measured values of 
efficacy.
    In summary, DOE has tentatively concluded that updates in IES LM-
79-19 would not change final measured values and proposes to update 
references from the 2008 version of IES LM-79 to the 2019 version in 
appendix V1. DOE notes that the sections of IES LM-79-08 were 
reorganized in the 2019 version. Currently, appendix V1 references 
section 2 through 9.2 of IES LM-79-08, which correspond to sections 4 
through 6 and 7.2 of IES LM-79-19. DOE proposes to change the section 
references of IES LM-79-19 from section 2 through 9.2 to corresponding 
sections 4 through 6 and 7.2. In addition, because DOE is proposing to 
allow the use of the goniophotometer method (see section III.C.2 of 
this document), DOE is also proposing to reference all of section 7.0 
of IES LM-79-19 to include sub-sections addressing the goniophotometer 
method. Section 7.2 of IES LM-79-19 references IESNA LM-75-01/R12 for 
general recommendations and requirements on making measurements with 
goniophotometers. Therefore, DOE is proposing to incorporate by 
reference IESNA LM-75-01/R12 for appendix V1 and to reference it when 
referencing IES LM-79-19 in appendix V1.

C. Proposed Amendments to Appendix V1

    DOE proposes changes to appendix V1 to clarify definitions 
regarding CFLKs with SSL light sources and allow for the use of the 
goniophotometer method to make photometric

[[Page 13655]]

measurements. DOE also proposes to arrange the definitions in appendix 
V1 in alphabetical order. Note that the proposed section references of 
industry test standards are based on the version of the standard 
proposed for adoption (see section III.B of this document).
1. Revising Definitions for CFLKs With SSL Light Sources
    DOE proposes to revise certain existing terms in appendix V1. 
Specifically, DOE proposes to replace the terms ``CFLK with integrated 
SSL circuitry'' and ``other SSL products'' respectively, with ``CFLK 
with non-consumer-replaceable SSL circuitry'' and ``CFLK with consumer-
replaceable SSL circuitry'' throughout appendix V1; and provide further 
clarifications in the definitions of these terms.
    DOE initiated an analysis of CFLK energy conservation standards by 
publishing an RFI on June 4, 2021 (``June 2021 RFI''). 86 FR 29954. In 
response to the June 2021 RFI, ALA recommended that DOE revise the two 
product classes for standards to align with the current CFLK test 
procedure that differentiate between LED lamps with an ANSI approved 
base that are tested individually, and a light kit that incorporates an 
integrated LED light source that is tested as a complete unit. (ALA, 
No. 3 at p. 2 \19\) This comment indicates that it is not clear that 
DOE's CFLK test procedure directs CFLKs with consumer replaceable SSL 
light sources without ANSI bases to be tested individually using lamp 
efficacy, similar to the required efficacy measurement for CFLKs with 
ANSI base lamps. Additionally, information collected in manufacturer 
interviews as part of the ongoing CFLK standards analysis also 
indicated that this part of the test procedure may need further 
clarification. DOE tentatively concluded that that the current 
definitions for ``CFLK with integrated circuitry'' and ``other SSL 
products'' were not clear and could lead to confusion when 
manufacturers classify products and determine the required efficacy 
measurement.
---------------------------------------------------------------------------

    \19\ This comment is in response to the June 2021 RFI and can be 
found on www.regulations.gov under Docket ID: EERE-2019-BT-STD-0040.
---------------------------------------------------------------------------

    Under the current Appendix V1, CFLKs that use SSL circuitry are 
separated as either a ``CFLK with integrated SSL circuitry'' or ``other 
SSL products,'' and have different methods to measure efficacy. A CFLK 
with integrated SSL circuitry is defined as a CFLK that has SSL light 
sources, drivers, heat sinks, or intermediate circuitry (such as wiring 
between a replaceable driver and a replaceable light source) that are 
not consumer replaceable. Section 2.1 of 10 CFR Part 430, Subpart B, 
Appendix V1. Because the SSL light source in a CFLK with integrated 
circuitry will require cutting of wires or similar methods to remove 
and test the light source, it cannot be restored to the same condition 
it was prior to testing. Hence, DOE directs manufacturers to test and 
report the efficacy with the light source in the CFLK, i.e., luminaire 
efficacy. In this NOPR, to further clarify which CFLKs fall into this 
category, DOE proposes to change the term ``CFLK with integrated SSL 
circuitry'' to ``CFLK with non-consumer-replaceable SSL circuitry.'' 
Further, DOE proposes to modify the definition by specifying that the 
light sources and all necessary components in these CFLKs cannot be 
replaced without permanently altering the product; and specifying that 
the light sources in these CFLKs do not have an ANSI base. DOE will 
continue to require the measurement of luminaire efficacy for these 
CFLKs. DOE proposes the following definition for ``CFLK with non-
consumer-replaceable SSL circuitry'':

    CFLK with non-consumer-replaceable SSL circuitry means a CFLK 
with a non-ANSI-standard base that has an SSL light source, driver, 
heat sink, and intermediate circuitry (such as wiring between a 
driver and light source), that are not consumer replaceable, i.e., a 
consumer cannot replace the light source and all components 
necessary for the starting and stable operation of the light source, 
without permanently altering the product, and must replace the 
entire CFLK upon failure.

    Under section 2.4 of 10 CFR part 430, subpart B, Appendix V1, 
``other SSL products'' are defined as an integrated unit consisting of 
a light source, driver, heat sink, and intermediate circuitry that uses 
SSL technology (such as light-emitting diodes or organic light-emitting 
diodes) and is consumer replaceable in a CFLK. The term does not 
include LED lamps with ANSI-standard bases. Examples of other SSL 
products include OLED lamps, LED lamps with non-ANSI-standard bases, 
such as Zhaga interfaces, and LED light engines. Hence, the SSL light 
source is an integrated unit that can be removed, tested, and placed 
back into the CFLK so it is the same product as it was when sold, i.e., 
consumer replaceable. Therefore, DOE directs manufacturers to remove 
the SSL light source and test and report its efficacy, i.e., lamp 
efficacy. In this NOPR to further clarify which CFLKs fall into this 
category, DOE proposes to change the term ``other SSL products'' to 
``CFLK with consumer-replaceable SSL circuitry.'' Further, DOE proposes 
to modify the definition by specifying that the light sources and all 
necessary components in these CFLKs can be replaced without permanently 
altering the product; and specifying that the light sources in these 
CFLKs do not have an ANSI base. DOE will continue to require the 
measurement of lamp efficacy of the light sources in these CFLKs. DOE 
proposes the following definition for ``CFLK with consumer-replaceable 
SSL circuitry:''

    CFLK with consumer-replaceable SSL circuitry means a CFLK with a 
non-ANSI-standard base that has an SSL light source, driver, heat 
sink, and intermediate circuitry (such as wiring between a driver 
and light source) that are consumer replaceable, i.e., a consumer 
can replace the light source and all components necessary for the 
starting and stable operation of the light source as one integrated 
unit, without permanently altering the product. Examples of CFLKs 
with consumer-replaceable SSL circuitry include CFLKs that use OLED 
lamps with non-ANSI-standard bases, LED lamps with non-ANSI-standard 
bases, such as Zhaga interfaces, and LED light engines.

    DOE proposes to continue to allow the luminaire efficacy of CFLKs 
with non-consumer-replaceable SSL circuitry to be measured without a 
cover if that cover is consumer replaceable. As such, DOE proposes to 
also replace the reference of ``CFLKs with integrated SSL circuitry'' 
with ``CFLKs with non-consumer-replaceable SSL circuitry'' in the 
definition of ``cover.'' Additionally, in the scope section of appendix 
V1, DOE proposes to replace the reference of ``SSL products other than 
integrated LED lamps'' with ``consumer-replaceable SSL circuitry other 
than integrated LED lamps'' and replace the reference of ``integrated 
SSL circuitry'' with ``non-consumer-replaceable SSL circuitry.''
    As noted previously, to clarify the definitions of CFLKs with SSL 
circuitry, DOE is proposing to specify that CFLKs with non-consumer-
replaceable SSL circuitry and CFLKs with consumer-replaceable SSL 
circuitry have non-ANSI standard bases. Further, to clarify that other 
SSL light sources with ANSI bases (not integrated LED lamps) must be 
tested for lamp efficacy, DOE is proposing to specify the efficacy 
measurement and referenced test procedure for these lamps in the table 
in appendix V1.
    DOE is also proposing to reflect these clarifications in the title 
of appendix V1. DOE has tentatively concluded that clarifying the 
terminology and definitions of CFLKs with SSL light sources will not 
require a manufacturer

[[Page 13656]]

to change their method of testing and therefore will have no impact on 
test costs. DOE requests comment on the proposed definitions for ``CFLK 
with consumer-replaceable SSL circuitry'' and ``CFLK with non-consumer-
replaceable SSL circuitry.''
2. Photometric Measurements
    In this NOPR, DOE is proposing to allow for the use of a 
goniophotometer to test the lamp efficacy or luminaire efficacy of 
CFLKs, as applicable.
    ALA stated that informal testing conducted by ALA manufacturers 
indicated that the difference in the measured efficacy using a 
goniophotometer versus an integrated sphere was inconsequential. ALA 
further stated that since efficacy differences are negligible, it 
preferred the use of an integrated sphere because of time efficiency 
and ease of use. (ALA, No. 4 at p. 2)
    DOE has tentatively concluded that difference in measured efficacy 
using a goniophotometer versus an integrated sphere is not significant 
and allowing both the methods would allow manufacturers flexibility in 
testing. Further, allowing manufacturers to test the performance of 
CFLKs with either an integrated sphere or goniophotometer aligns the 
CFLK test procedure with the DOE test procedures for GSFLs, 
incandescent reflector lamps (``IRLs''), and general service 
incandescent lamps (``GSILs''). Therefore, DOE is proposing to allow 
the use of a goniophotometer in appendix V1. DOE has tentatively 
concluded that allowing the use of both integrating sphere and 
goniophotometer for photometric measurements will not require a 
manufacturer to change their method of testing and therefore will have 
no impact on test costs. DOE requests comment on the allowance of both 
goniophotometer and integrating sphere methods and any data on the 
difference in efficacy measurements when testing the same lamp with 
goniophotometer versus integrating sphere.

D. Proposed Amendments to Appendix V

    DOE proposes to remove appendix V as it is no longer needed. All 
CFLKs manufactured as of January 21, 2020, must be tested according to 
current appendix V1. See 80 FR 80209, 80220 and 81 FR 580. Therefore, 
appendix V is no longer applicable, and removal of this appendix would 
not result in any change to the currently applicable test procedure.
    The CA IOUs and ALA both stated their support for removal of 
appendix V. (CA IOUs, No. 3 at p.1; ALA, No. 4 at p.1) The CA IOUs 
stated that under the current energy conservation standards, all CFLKs 
manufactured as of January 21, 2020, must be tested in accordance with 
appendix V1, and therefore appendix V is no longer applicable. (CA 
IOUs, No. 3 at p. 1) ALA suggested DOE replace the language in appendix 
V with the language in appendix V1. ALA stated that DOE could then 
eliminate appendix V1 and update any cross references. (ALA, No. 4 at 
p. 1) Because appendix V is no longer applicable for the test 
procedure, DOE is proposing to remove appendix V. DOE also proposes to 
rename appendix V1 as appendix V. DOE has tentatively concluded that 
removing an unused appendix will have no impact on test costs.

E. Proposed Amendments to 10 CFR 429.33, 10 CFR 430.23, and 10 CFR 
430.32.

    As specified in section III.C, in the current appendix V1 (proposed 
to be renamed appendix V), DOE is replacing ``other SSL products'' and 
``integrated SSL circuitry'' respectively, with ``consumer-replaceable 
SSL circuitry'' and ``non-consumer-replaceable SSL circuitry.'' The 
terms ``other SSL products'' and ``integrated SSL circuitry'' are used 
in 10 CFR 429.33 which specifies the CFLK sampling plan, represented 
values, and certification; 10 CFR 430.23(x) which provides references 
to DOE test procedures for lamps in CFLKs not within the scope of 
appendix V1; and 10 CFR 430.32(s)(6) which specifies CFLK energy 
conservation standards. To align with the revised terms in appendix V1, 
in 10 CFR 429.33, 10 CFR 430.23(x) and 10 CFR 430.32(s)(6), DOE is 
proposing to replace the terms ``other SSL products'' and ``integrated 
SSL circuitry'' respectively, with ``consumer-replaceable SSL 
circuitry'' and ``non-consumer-replaceable SSL circuitry.'' DOE is also 
proposing to explicitly state the term ``other SSL light sources with 
ANSI bases (not integrated LED lamps)'' in 10 CFR 429.33 and 10 CFR 
430.23(x) to clarify instructions for these lamps.

F. Reporting

    Manufacturers, including importers, must use product-specific 
certification templates to certify compliance to DOE. For CFLKs, the 
certification template reflects the general certification requirements 
specified at 10 CFR 429.12 and the product-specific requirements 
specified at 10 CFR 429.33. As discussed in the previous paragraphs, 
DOE is not proposing to amend the product-specific certification 
requirements for these products.

G. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to amend the existing test procedure for 
CFLKs by (1) updating references to industry standards to their latest 
versions and incorporating industry standards necessary for executing 
the test; (2) modifying appendix V1 to allow for the use of a 
goniophotometer; (3) revising definitions regarding CFLKs with SSL 
light sources in appendix V1 to clarify the scope and test methods for 
CFLKs; and (4) removing appendix V, the test procedure that must be 
used for CFLKs with pin-based sockets that are manufactured on or after 
January 1, 2007, and prior to January 21, 2020 and renaming appendix V1 
as appendix V.
    The proposed updates and incorporation of industry standards do not 
change the method of testing CFLKs, but only make minor changes to 
certain testing specifications. The changes do not require the purchase 
of additional equipment or increase test burden, and subsequently do 
not impact testing costs. The proposed change to allow the use a 
goniophotometer method is optional and does not require manufacturers 
to change their current testing methodology, and therefore does not 
impact testing costs. The proposed revision to definitions regarding 
CFLKs with SSL light sources only clarifies the scope and test 
methodology, and therefore does not impact testing costs. Finally, DOE 
is proposing to remove appendix V because it is obsolete and therefore, 
its removal does not impact testing costs. DOE has tentatively 
determined that the amendments proposed in this NOPR would not impact 
testing costs.
2. Harmonization
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures, unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8(c) of appendix A of 10 
CFR part 430, subpart C. In cases where the industry standard does not 
meet EPCA statutory criteria for test procedures, DOE will make 
modifications through the rulemaking process to these standards as the 
DOE test procedure.
    DOE is proposing to update the latest version of several industry 
test standards referenced in appendix V1. For the electrical and 
photometric

[[Page 13657]]

measurement of CFLKs, DOE is proposing to incorporate by reference IES 
LM-9-20 and IES LM-79-19. For seasoning instructions for CFLKs, DOE is 
proposing to incorporate IES LM-54-20. For integrated sphere 
measurements for CFLKs, DOE is proposing to incorporate IES LM-78-20.
    The industry standards DOE proposes to incorporate by reference via 
amendments described in this NOPR are discussed in further detail in 
section III.B of this document. DOE requests comment on the benefits 
and burdens of the proposed updates and additions to industry standards 
referenced in the test procedure for CFLKs.

H. Compliance Date

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2))
    If DOE were to publish an amended test procedure EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer may experience undue hardship 
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an 
extension, petitions must be filed with DOE no later than 60 days 
before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (``OMB'') has determined that 
this test procedure rulemaking does not constitute ``significant 
regulatory actions'' under section 3(f) of Executive Order (``E.O.'') 
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 
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 (``IRFA'') 
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 has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    For manufacturers of CFLKs, the Small Business Association 
(``SBA'') has set a size threshold, which defines those entities 
classified as ``small businesses'' for the purposes of the statute. DOE 
used the SBA's small business size standards to determine whether any 
small entities would be subject to the requirements of the rule. See 13 
CFR part 121. The size standards are listed by the North American 
Industry Classification System (``NAICS'') code and industry 
description and are available at www.sba.gov/document/support--table-size-standards. Manufacturing of CFLKs is classified under NAICS 
335210, ``Small Electrical Appliance Manufacturing.'' The SBA sets a 
threshold of 1,500 employees or less for an entity to be considered as 
a small business for this category.
    To estimate the number of companies that could be small businesses 
that manufacture CFLKs impacted by this rulemaking, DOE conducted a 
survey using information from DOE's Compliance Certification Database 
and previous rulemakings. DOE used information from these sources to 
create a list of companies that potentially manufacture or sell CFLKs. 
DOE screened out companies that do not offer products covered by this 
rulemaking, do not meet the definition of a ``small business,'' or are 
foreign owned and operated. DOE determined that 31 companies are small 
businesses that manufacture CFLKs covered by this rulemaking.
    DOE has tentatively concluded that the proposed updates to DOE's 
test procedure for CFLKs do not involve substantive changes to the test 
setup and methodology and will not pose any additional test burden or 
additional test costs for any CFLK manufacturers, large or small.
    Therefore, DOE initially concludes that the impacts of the proposed 
test procedure amendments proposed in this NOPR would not have a 
``significant economic impact on a substantial number of small 
entities,'' and that the preparation of an IRFA is not warranted. DOE 
will transmit the certification and supporting statement of factual 
basis to the Chief Counsel for Advocacy of the Small Business 
Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of CFLKs must certify to DOE that their products 
comply with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including CFLKs. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the Paperwork Reduction Act (``PRA''). This 
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to 
average 35 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 NOPR, DOE proposes test procedure amendments that it 
expects will be used to develop and implement future energy 
conservation standards for CFLKs. 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, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

[[Page 13658]]

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies 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 has examined this proposed rule and has 
determined that it would 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 this proposed 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, 
the proposed 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 proposed regulatory action likely to result 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 www.energy.gov/gc/office-general-counsel. DOE examined this proposed 
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. 
This proposed rule would 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 proposed regulation 
would 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). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed 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 proposed 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 proposed significant energy action, 
the agency must give a detailed

[[Page 13659]]

statement of any adverse effects on energy supply, distribution, or use 
should the proposal be implemented, and of reasonable alternatives to 
the action and their expected benefits on energy supply, distribution, 
and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of CFLKs 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, 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 proposed modifications to the test procedure for CFLKs would 
incorporate testing methods contained in certain sections of the 
following commercial standards:

    (1) ANSI/IES LM-9-20--Approved Method: Electrical and 
Photometric Measurement of Fluorescent Lamps, Approved February 7, 
2020;
    (2) ANSI/IES LM-54-20--Approved Method: IES Guide to Lamp 
Seasoning, Approved February 7, 2020;
    (3) IESNA LM-75-01/R12--Goniophotometer Types and Photometric 
Coordinates, Approved August 4, 2001;
    (4) IES LM-78-17--Approved Method: Total Flux Measurement of 
Lamps Using an Integrating Sphere, Approved January 9, 2017;
    (5) ANSI/IES LM-78-20--Approved Method: Total Luminous Flux 
Measurement of Lamps Using an Integrating Sphere Photometer, 
Approved February 7, 2020; and
    (6) ANSI/IES LM-79-19--Approved Method: Optical and Electrical 
Measurements of Solid-State Lighting Products, Approved February 28, 
2019.

    DOE has evaluated these standards and is unable to conclude whether 
they fully comply with the requirements of section 32(b) of the FEAA 
(i.e., whether it was developed in a manner that fully provides for 
public participation, comment, and review). DOE will consult with both 
the Attorney General and the Chairman of the FTC concerning the impact 
of these test procedures on competition, prior to prescribing a final 
rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IES, ``ANSI/IES LM-9-20--Approved Method: 
Electrical and Photometric Measurement of Fluorescent Lamps. IES LM-9-
20 is an industry accepted standard that describes methods for taking 
electrical and photometric measurement of fluorescent lamps. The test 
procedure proposed in this NOPR references IES LM-9 for testing the 
performance of fluorescent lamps. IES LM-9 is readily available on 
IES's website at https://www.ies.org/store.
    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IES, ANSI/IES LM-79-19--Approved Method: Optical 
and Electrical Measurements of Solid-State Lighting Products. IES LM-
79-19 is an industry accepted standard that describes methods for 
taking electrical and photometric measurements of SSL products. The 
test procedure proposed in this NOPR references IES LM-79 for testing 
of CFLKs with SSL circuitry. IES LM-79 is readily available on IES's 
website at https://www.ies.org/store.
    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IES, ANSI/IES LM-54-20--Approved Method: IES 
Guide to Lamp Seasoning. IES LM-54-20 is an industry accepted test 
standard that specifies a method for seasoning lamps. The test 
procedure proposed in this NOPR references IES LM-9 for testing the 
fluorescent lamps, which in turn references IES LM-54 for seasoning 
lamps. IES LM-54 is readily available on IES's website at https://www.ies.org/store.
    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IES, IESNA LM-75-01/R12--Goniophotometer Types 
and Photometric Coordinates. IESNA LM-75-01/R12 is an industry accepted 
test standard that specifies goniophotometer types and photometric 
coordinates. The test procedure proposed in this NOPR references IES 
LM-79 for testing CFLKs with SSL circuitry, which in turn references 
IESNA LM-75-01/R12 for general recommendations and requirements on 
making measurement with goniophotometers. IESNA LM-75-01/R12 is 
available with the purchase of the lighting library subscription on 
IES's website at https://www.ies.org/store.
    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IES, ANSI/IES LM-78-20--Approved Method: Total 
Luminous Flux Measurement of Lamps Using an Integrating Sphere 
Photometer. IES LM-78-20 is an industry accepted test standard that 
specifies a method for measuring lumen output in an integrating sphere. 
The test procedure proposed in this NOPR references IES LM-9 for 
testing the performance of fluorescent lamps, which in turn references 
IES LM-78-20 for integrating sphere photometer calibration and 
measurements. IES LM-78-20 is readily available on IES's website at 
https://www.ies.org/store.
    In this NOPR, DOE proposes to incorporate by reference the test 
standard published by IES, IES LM-78-17--Approved Method: Total Flux 
Measurement of Lamps Using an Integrating Sphere. IES LM-78-17 is an 
industry accepted test standard that specifies a method for measuring 
lumen output in an integrating sphere. The test procedure proposed in 
this NOPR references IES LM-79 for testing CFLKs with SSL circuitry, 
which in turn references IES LM-78-17 for integrating sphere photometer 
calibration and measurements. IES LM-78-17 is readily available on 
IES's website at https://www.ies.org/store.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on 
DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=10. Participants are responsible for ensuring 
their systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
document, or who is representative of a group or class of persons that 
has an interest in these issues, may request an opportunity to

[[Page 13660]]

make an oral presentation at the webinar. Such persons may submit to 
<a href="/cdn-cgi/l/email-protection#e2a392928e8b838c8187b196838c8683908691b3978791968b8d8c91a28787cc868d87cc858d94"><span class="__cf_email__" data-cfemail="86c7f6f6eaefe7e8e5e3d5f2e7e8e2e7f4e2f5d7f3e3f5f2efe9e8f5c6e3e3a8e2e9e3a8e1e9f0">[email protected]</span></a>. Persons who wish to speak 
should include with their request a computer file in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format that briefly describes 
the nature of their interest in this rulemaking and the topics they 
wish to discuss. Such persons should also provide a daytime telephone 
number where they can be reached.
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to make an oral presentation to 
submit an advance copy of their statements at least two weeks before 
the webinar. At its discretion, DOE may permit persons who cannot 
supply an advance copy of their statement to participate, if those 
persons have made advance alternative arrangements with the Building 
Technologies Office. As necessary, requests to give an oral 
presentation should ask for such alternative arrangements.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar/public 
meeting and may also use a professional facilitator to aid discussion. 
The meeting will not be a judicial or evidentiary-type public hearing, 
but DOE will conduct it in accordance with section 336 of EPCA (42 
U.S.C. 6306). A court reporter will be present to record the 
proceedings and prepare a transcript. DOE reserves the right to 
schedule the order of presentations and to establish the procedures 
governing the conduct of the webinar/public meeting. There shall not be 
discussion of proprietary information, costs or prices, market share, 
or other commercial matters regulated by U.S. anti-trust laws. After 
the webinar/public meeting and until the end of the comment period, 
interested parties may submit further comments on the proceedings and 
any aspect of the rulemaking.
    The webinar/public meeting will be conducted in an informal, 
conference style. DOE will present summaries of comments received 
before the webinar/public meeting, allow time for prepared general 
statements by participants, and encourage all interested parties to 
share their views on issues affecting this rulemaking. Each participant 
will be allowed to make a general statement (within time limits 
determined by DOE), before the discussion of specific topics. DOE will 
permit, as time permits, other participants to comment briefly on any 
general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this rulemaking. The 
official conducting the webinar/public meeting will accept additional 
comments or questions from those attending, as time permits. The 
presiding official will announce any further procedural rules or 
modification of the above procedures that may be needed for the proper 
conduct of the webinar/public meeting.
    A transcript of the webinar/public meeting will be included in the 
docket, which can be viewed as described in the Docket section at the 
beginning of this document. In addition, any person may buy a copy of 
the transcript from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule.\20\ Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
---------------------------------------------------------------------------

    \20\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. Sec.  2576) (1993) (``NAFTA Implementation Act''); 
and Executive Order 12889, ``Implementation of the North American 
Free Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on 
July 1, 2020, the Agreement between the United States of America, 
the United Mexican States, and the United Canadian States 
(``USMCA''), Nov. 30, 2018, 134 Stat. 11 (i.e., the successor to 
NAFTA), went into effect, and Congress's action in replacing NAFTA 
through the USMCA Implementation Act, 19 U.S.C. 4501 et seq. (2020), 
implies the repeal of E.O. 12889 and its 75-day comment period 
requirement for technical regulations. Thus, the controlling laws 
are EPCA and the USMCA Implementation Act. Consistent with EPCA's 
public comment period requirements for consumer products, the USMCA 
only requires a minimum comment period of 60 days. Consequently, DOE 
now provides a 60-day public comment period for test procedure 
NOPRs.
---------------------------------------------------------------------------

    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email. Comments and documents submitted via 
email also will be posted to www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not 
include it in your comment or any accompanying documents. Instead, 
provide your contact information on a cover letter. Include your first 
and last names, email address, telephone number, and optional mailing 
address. The cover letter will not be publicly viewable as long as it 
does not include any comments
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. No faxes will be accepted.

[[Page 13661]]

    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: One copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked non-confidential with the 
information believed to be confidential deleted. DOE will make its own 
determination about the confidential status of the information and 
treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:

    (1) DOE requests comment on its assessments of the impacts of 
incorporating by reference IES LM-9-20, IES LM-54-20, IESNA LM-75-
01/R12, IES LM-79-19, IES LM-78-20, and IES LM-78-17 for appendix 
V1. See section III.B of this document.
    (2) DOE requests comment on the proposed definitions for ``CFLK 
with consumer-replaceable SSL circuitry'' and ``CFLK with non-
consumer-replaceable SSL circuitry.'' See section III.C.1 of this 
document.
    (3) DOE requests comment on the allowance of both 
goniophotometer and integrating sphere methods and any data on the 
difference in efficacy measurements when testing the same lamp with 
a goniophotometer versus an integrating sphere. See section III.C.2 
of this document.
    (4) DOE requests comment on the benefits and burdens of the 
proposed updates and additions to industry standards referenced in 
the test procedure for CFLKs. See section III.G of this document.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and announcement of public meeting.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Small businesses.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on March 1, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on March 2, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of chapter II of title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


Sec.  429.33   [Amended]

0
2. Amend Sec.  429.33 by:
0
a. Removing ``other SSL lamps (not integrated LED lamps)'' and adding 
in its place ``consumer-replaceable SSL circuitry (not integrated LED 
lamps) and other SSL lamps that have an ANSI standard base and are not 
integrated LED lamps'' in paragraph (a)(3)(i)(F); and
0
b. Removing ``integrated SSL circuitry'' and adding in its place ``non-
consumer-replaceable SSL circuitry'' in paragraph (a)(3)(ii).

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
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.

0
4. Amend Sec.  430.3 by:
0
a. Revising paragraph (a);
0
b. In paragraph (p)(2), removing the text ``appendices R, V, and V1'' 
and adding in its place, ``appendix R'';
0
c. Removing paragraph (p)(13);
0
d. Redesignating paragraphs (p)(4) through (20) as follows:

------------------------------------------------------------------------
                    Old                                  New
------------------------------------------------------------------------
paragraphs (p)(4) through (10)............  paragraphs (p)(5) through
                                             (11).
paragraphs (p)(11) and (12)...............  paragraphs (p)(13) and (14).
paragraph (p)(14).........................  paragraph (p)(15).
paragraph (p)(15).........................  paragraph (p)(17).
paragraph (p)(16).........................  paragraph (p)(20).
paragraph (p)(17).........................  paragraph (p)(21).
paragraphs (p)(18) through (20)...........  paragraphs (p)(23) through
                                             (25).
------------------------------------------------------------------------

0
e. Adding new paragraphs (p)(4), (12), (16), (18), and (19);
0
f. In newly redesignated paragraph (p)(20), removing the text 
``appendices V1 and BB'' and adding, in its place, ``appendix BB''; and
0
g. Adding new paragraph (p)(22).
    The revision and additions read as follows:


Sec.  430.3  Materials incorporated by reference.

    (a) Certain material is incorporated by reference into this part 
with the

[[Page 13662]]

approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the U.S. Department of Energy (DOE) must 
publish a document in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the DOE and at the National Archives and Records 
Administration (NARA). Contact DOE at: The U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, 
(202) 586-9127, <a href="/cdn-cgi/l/email-protection#93d1e6fafff7fafdf4e0d3f6f6bdf7fcf6bdf4fce5"><span class="__cf_email__" data-cfemail="baf8cfd3d6ded3d4ddc9fadfdf94ded5df94ddd5cc">[email protected]</span></a>, https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on 
the availability of this material at NARA, email: 
<a href="/cdn-cgi/l/email-protection#f59387db9c9b86859096819c9a9bb59b948794db929a83"><span class="__cf_email__" data-cfemail="accade82c5c2dfdcc9cfd8c5c3c2ecc2cddecd82cbc3da">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources 
in the following paragraphs of this section.
* * * * *
    (p) * * *
    (4) ANSI/IES LM-9-20 (``IES LM-9-20''), Approved Method: Electrical 
and Photometric Measurements of Fluorescent Lamps, approved February 7, 
2020; IBR approved for appendix V to subpart B.
* * * * *
    (12) ANSI/IES LM-54-20 (``IES LM-54-20''), Approved Method: IES 
Guide to Lamp Seasoning, approved February 7, 2020; IBR approved for 
appendix V to subpart B.
* * * * *
    (16) IESNA LM-75-2001/R12, Goniophotometer Types and Photometric 
Coordinates, approved August 4, 2001; IBR approved for appendix V to 
subpart B.
* * * * *
    (18) IES LM-78-17, Approved Method: Total Flux Measurement of Lamps 
Using an Integrating Sphere,'' approved January 9, 2017; IBR approved 
for appendix V to subpart B.
    (19) ANSI/IES LM-78-20 (``IES LM-78-20''), Approved Method: Total 
Luminous Flux Measurement of Lamps Using an Integrating Sphere 
Photometer, approved February 7, 2020; IBR approved for appendix V to 
subpart B.
* * * * *
    (22) ANSI/IES LM-79-019 (``IES LM-79-19''), Approved Method: 
Optical and Electrical Measurements of Solid-State Lighting Products, 
approved February 28, 2019; IBR approved for appendix V to subpart B.
* * * * *
0
5. Amend Sec.  430.23 by:
0
a. Removing paragraph (x)(1);
0
b. Redesignating paragraph (x)(2) as paragraph (x)(1);
0
c. Revising newly designated paragraph (x)(1)(v); and
0
d. Reserving paragraph (x)(2).
    The revision reads as follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (x) * * *
    (1) * * *
    (v) For a ceiling fan light kit packaged with other fluorescent 
lamps (not compact fluorescent lamps or general service fluorescent 
lamps), packaged with consumer-replaceable SSL circuitry (not 
integrated LED lamps), packaged with non-consumer-replaceable SSL 
circuitry, or packaged with other SSL lamps that have an ANSI standard 
base (not integrated LED lamps), measure efficacy in accordance with 
section 3 of appendix V of this subpart for each lamp basic model, 
consumer-replaceable SSL circuitry basic model, or non-consumer-
replaceable SSL circuitry basic model.
* * * * *

Appendix V to Subpart B of Part 430 [Removed]

0
6. Remove appendix V to subpart B of part 430.

Appendix V1 to Subpart B of Part 430 [Redesignated]

0
7. Redesignate appendix V1 to subpart B of part 430 as appendix V to 
subpart B of part 430.
0
8. Revise newly redesignated appendix V to subpart B of part 430 to 
read as follows:

Appendix V to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Ceiling Fan Light Kits Packaged With Other 
Fluorescent Lamps (not Compact Fluorescent Lamps or General Service 
Fluorescent Lamps), Packaged With Consumer-Replaceable SSL Circuitry 
(not Integrated LED Lamps), Packaged With Non-Consumer-Replaceable SSL 
Circuitry, or Packaged With Other SSL Lamps That Have an ANSI Standard 
Base (not Integrated LED Lamps)

    Any representations about the energy use or efficiency of any 
ceiling fan light kit packaged with fluorescent lamps other than 
compact fluorescent lamps or general service fluorescent lamps, 
packaged with consumer-replaceable SSL circuitry other than 
integrated LED lamps, or packaged with non-consumer-replaceable SSL 
circuitry, or packaged with SSL lamps that have an ANSI standard 
base (not integrated LED lamps) made on or after the compliance date 
of any amended energy conservation standards must be based on 
testing pursuant to this appendix. Manufacturers may make 
representations based on testing in accordance with this appendix 
prior to the compliance date of any amended energy conservation 
standards, provided that such representations demonstrate compliance 
with the amended energy conservation standards.
    0. Incorporation by Reference. DOE incorporated by reference in 
Sec.  430.3, the entire standard for: IES LM-9-20, IES LM-54-20, IES 
LM-75-01/R12, IES LM-78-17, IES LM-78-20, and IES LM-79-19; however, 
only enumerated provisions of IES LM-9-20 and IES LM-79-19 are 
applicable to this appendix as follows:
    (1) IES LM-9-20 as referenced by section 3 of this appendix
    (i) Section 4.0 ``Ambient and Physical Conditions''.
    (ii) Section 5.0 ``Electrical Conditions''.
    (iii) Section 6.0 ``Lamp Test Procedures''.
    (iv) Section 7.0 ``Photometric Test Procedures''.
    (2) IES LM-79-19 as referenced by section 3 of this appendix
    (i) Section 4.0 ``Physical and Environmental Test Conditions''.
    (ii) Section 5.0 ``Electrical Test Conditions''.
    (iii) Section 6.0 ``Test Preparation''.
    (iv) Section 7.0 ``Total Luminous Flux and Integrated Optical 
Measurements''.
    1. Scope: This appendix establishes the test requirements to 
measure the energy efficiency of all ceiling fan light kits (CFLKs) 
packaged with fluorescent lamps other than compact fluorescent lamps 
(CFLs) or general service fluorescent lamps (GSFLs), packaged with 
consumer-replaceable solid-state lighting (SSL) circuitry (not 
integrated light-emitting diode [LED] lamps), packaged with non-
consumer-replaceable SSL circuitry, or packaged with SSL lamps that 
have an American National Standards Institute (ANSI) standard base 
(not integrated LED lamps).
    2. Definitions
    2.1. CFLK with non-consumer-replaceable SSL circuitry means a 
CFLK with a non-ANSI-standard base that has an SSL light source, 
driver, heat sink, and intermediate circuitry (such as wiring 
between a driver and light source), that are not consumer 
replaceable, i.e., a consumer cannot replace the light source and 
all components necessary for the starting and stable operation of 
the light source, without permanently altering the product, and must 
replace the entire CFLK upon failure.
    2.2. CFLK with consumer-replaceable SSL circuitry means a CFLK 
with a non-ANSI-standard base that has an SSL light source, driver, 
heat sink, and intermediate circuitry (such as wiring between a 
driver and light source) that are consumer replaceable, i.e., a 
consumer can replace the light source and all components necessary 
for the starting and stable operation of the light source as one 
integrated unit, without permanently altering the product. Examples 
of CFLKs with consumer-replaceable SSL circuitry include CFLKs that 
use OLED lamps with non-ANSI-standard bases, LED lamps with non-
ANSI-

[[Page 13663]]

standard bases, such as Zhaga interfaces, and LED light engines.
    2.3. Covers means materials used to diffuse or redirect light 
produced by an SSL light source in CFLKs with non-consumer-
replaceable SSL circuitry.
    2.4. Other (non-CFL and non-GSFL) fluorescent lamp means a low-
pressure mercury electric-discharge lamp in which a fluorescing 
coating transforms some of the ultraviolet energy generated by the 
mercury discharge into light, including but not limited to circline 
fluorescent lamps, and excluding any compact fluorescent lamp and 
any general service fluorescent lamp.
    2.5. Solid-State Lighting (SSL) means technology where light is 
emitted from a solid object--a block of semiconductor--rather than 
from a filament or plasma, as in the case of incandescent and 
fluorescent lighting. This includes inorganic light-emitting diodes 
(LEDs) and organic light-emitting diodes (OLEDs).
    3. Test Conditions and Measurements
    For any CFLK that utilizes consumer replaceable lamps or 
consumer-replaceable SSL circuitry, measure the lamp efficacy of 
each basic model of lamp or SSL light source packaged with the CFLK. 
For any CFLK only with non-consumer-replaceable SSL circuitry, 
measure the luminaire efficacy of the CFLK. For any CFLK that 
includes consumer replaceable lamps or consumer-replaceable SSL 
circuitry and non-consumer-replaceable SSL circuitry, measure both 
the lamp efficacy of each basic model of lamp or consumer-
replaceable SSL light source packaged with the CFLK and the 
luminaire efficacy of the CFLK with all consumer replaceable lamps 
or consumer-replaceable SSL light sources removed. Take measurements 
at full light output. For each test, use the test procedures in the 
table in this section. CFLKs with non-consumer-replaceable SSL 
circuitry and consumer replaceable covers may be measured with their 
covers removed but must otherwise be measured according to the table 
in this section.

------------------------------------------------------------------------
                                Lamp or luminaire
      Lighting technology            efficacy         Referenced test
                                     measured            procedure
------------------------------------------------------------------------
Other (non-CFL and non-GSFL)    Lamp Efficacy....  IES LM-9-20, sections
 fluorescent lamps.                                 4-7 and
                                                    corresponding
                                                    subsections
                                                    including references
                                                    to IES LM-54-20
                                                    (lamp seasoning);
                                                    IES-LM-78-20
                                                    (integrating sphere
                                                    measurements).
CFLKs with consumer-            Lamp Efficacy....  IES LM-79-19,
 replaceable SSL circuitry.                         sections 4-7 and
                                                    corresponding
                                                    subsections
                                                    including references
                                                    to IES-LM-78-17
                                                    (integrating sphere
                                                    measurements); IES
                                                    LM-75-01/R12
                                                    (goniophotometer
                                                    measurements).
CFLKs with non-consumer-        Luminaire          IES LM-79-19,
 replaceable SSL circuitry.      Efficacy.          sections 4-7 and
                                                    corresponding
                                                    subsections
                                                    including references
                                                    to IES-LM-78-17
                                                    (integrating sphere
                                                    measurements); IES
                                                    LM-75-01/R12
                                                    (goniophotometer
                                                    measurements).
Other SSL lamps that have an    Lamp Efficacy....  IES LM-79-19,
 ANSI standard base and are                         sections 4-7 and
 not integrated LED lamps.                          corresponding
                                                    subsections
                                                    including references
                                                    to IES-LM-78-17
                                                    (integrating sphere
                                                    measurements); IES
                                                    LM-75-01/R12
                                                    (goniophotometer
                                                    measurements).
------------------------------------------------------------------------

0
9. Amend Sec.  430.32 by revising paragraph (s)(6).


Sec.  430.32   Energy and water conservation standards and their 
compliance dates.

* * * * *
    (s) * * *
    (6) Ceiling fan light kits manufactured on or after January 21, 
2020 must be packaged with lamps to fill all sockets, and each basic 
model of lamp packaged with the basic model of CFLK, each basic model 
of consumer-replaceable SSL circuitry packaged with the basic model of 
CFLK, and each basic model of non-consumer-replaceable SSL circuitry in 
the CFLK basic model shall meet the requirements shown in paragraphs 
(s)(6)(i) and (ii) of this section:

------------------------------------------------------------------------
             Lumens \1\                Minimum required efficacy (lm/W)
------------------------------------------------------------------------
(i) <120...........................  50.
(ii) >=120.........................  (74.0-29.42 x 0.9983\lumens\).
------------------------------------------------------------------------
\1\ Use the lumen output for each basic model of lamp packaged with the
  basic model of CFLK, each basic model of consumer-replaceable SSL
  circuitry packaged with the basic model of CFLK, or each basic model
  of non-consumer-replaceable SSL in the CFLK basic model to determine
  the applicable standard.

* * * * *
[FR Doc. 2022-04764 Filed 3-9-22; 8:45 am]
BILLING CODE 6450-01-P


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