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.

Proposed Rules Federal Register

13648 

Vol. 87, No. 47 

Thursday, March 10, 2022 

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 CFLK2019TP0024@ee.doe.gov. 

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=EERE2019-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 

ApplianceStandardsQuestions@

ee.doe.gov. 

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: 

Amelia.Whitting@hq.doe.gov. 

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: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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 


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1All 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). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

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)) 

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 


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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). 

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. 

6The 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). 

Commission (‘‘IEC’’) Standard 62301 3

and IEC Standard 62087 4 as applicable. 

(42 U.S.C. 6295(gg)(2)(A)) 

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 lampand-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). 

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

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 preVerDate Sep<11>2014 16:09 Mar 09, 2022 Jkt 256001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1

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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

Current DOE test procedure Proposed test procedure Attribution 

References the 2009 version of IES LM–9 for taking 

electrical and photometric measurement of fluorescent lamps in appendix V1.

Adopts the latest version, i.e., 2020, of the referenced industry standard.Harmonize with updated industry 

standards. 

References the 2008 version of IES LM–79, which 

provides methods for taking electrical and photometric measurements of SSL products in appendix 

V1.

Adopts the latest version, i.e., 2019, of the referenced industry standard.Harmonize with updated industry 

standards. 

Does not incorporate IES LM–54, the industry standard for lamp seasoning, in appendix V1.Adopts IES LM–54 which is referenced for lamp 

seasoning in IES LM–9.

Industry standard addition in test 

procedure. 

Does not incorporate IES LM–78, the industry standard for measurements in an integrating sphere, in 

appendix V1.

Adopts IES LM–78–20 which is referenced for integrating sphere measurements in IES LM–9 and 

adopts IES LM–78–17 which is referenced for integrating sphere measurements in IES LM–79.

Industry standard addition in test 

procedure. 

Defines ‘‘CFLK with integrated SSL circuitry’’ and 

‘‘other SSL products’’ in appendix V1.

Updates the term names and definitions for ‘‘CFLK 

with integrated SSL circuitry’’ and ‘‘other SSL 

products,’’ to ‘‘CFLK with non-consumer-replaceable SSL circuitry’’ and ‘‘CFLK with consumer-replaceable SSL circuitry,’’ respectively. Updates 

the definitions for these terms.

Clarifies the categories CFLK 

products fall into, and thereby 

the test methods (i.e., luminaire 

or lamp efficacy) to which they 

are subject. 

References appendix V and appendix V1 .................. Removes appendix V ................................................ Removes a section of the test procedure that is no longer applicable. 

Does not allow the use of a goniophotometer ............ Allows the use of a goniophotometer and adopts 

IESNA LM–75, which is referenced for 

goniophotometer measurements in IES LM–79.

Allows manufacturers flexibility in 

testing. 

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. 


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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. 

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. 

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 nonGSFL) 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. 

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 


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17The term ‘‘spatial luminous intensity’’ and 

‘‘angular luminous intensity’’ have the same 

meaning in the industry standard. 

V1. These updates are discussed in 

detail in the following sections. 

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 2p and 4p geometry, 

respectively. For 4p 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 selfabsorption 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, 4p geometry, 2p 

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(l) 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. 

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(l) 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 


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18Some SSL products may experience inrush 

currents, which are high instantaneous currents that 

occur when the power supply is turned on. 

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. 

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 2p 

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 subsections 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 


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19This 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. 

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 nonconsumer-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. 

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 nonconsumer-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-ANSIstandard 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 lightemitting 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 nonANSI-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-ANSIstandard 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-ANSIstandard bases, LED lamps with non-ANSIstandard 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 nonconsumer-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 ‘‘consumerreplaceable 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 consumerreplaceable SSL circuitry have nonANSI 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 


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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-consumerreplaceable 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 ‘‘consumerreplaceable SSL circuitry’’ and ‘‘nonconsumer-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 


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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. 


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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-generalcounsel. 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 


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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 SolidState 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
13660 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules 

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. § 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. 

make an oral presentation at the 

webinar. Such persons may submit to 

ApplianceStandardsQuestions@

ee.doe.gov. 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. 

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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules 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 consumerreplaceable 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 

■ 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. 

§ 429.33 [Amended] 

■ 2. Amend § 429.33 by: 

■ 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 

■ b. Removing ‘‘integrated SSL 

circuitry’’ and adding in its place ‘‘nonconsumer-replaceable SSL circuitry’’ in 

paragraph (a)(3)(ii). 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 3. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 4. Amend § 430.3 by: 

■ a. Revising paragraph (a); 

■ b. In paragraph (p)(2), removing the 

text ‘‘appendices R, V, and V1’’ and 

adding in its place, ‘‘appendix R’’; 

■ c. Removing paragraph (p)(13); 

■ 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). 

■ e. Adding new paragraphs (p)(4), (12), 

(16), (18), and (19); 

■ f. In newly redesignated paragraph 

(p)(20), removing the text ‘‘appendices 

V1 and BB’’ and adding, in its place, 

‘‘appendix BB’’; and 

■ g. Adding new paragraph (p)(22). 

The revision and additions read as 

follows: 

§ 430.3 Materials incorporated by 

reference. 

(a) Certain material is incorporated by 

reference into this part with the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
13662 Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules 

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, Buildings@

ee.doe.gov, https://www.energy.gov/ 

eere/buildings/appliance-andequipment-standards-program. For 

information on the availability of this 

material at NARA, email: fr.inspection@

nara.gov, 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. 

* * * * * 

■ 5. Amend § 430.23 by: 

■ a. Removing paragraph (x)(1); 

■ b. Redesignating paragraph (x)(2) as 

paragraph (x)(1); 

■ c. Revising newly designated 

paragraph (x)(1)(v); and 

■ d. Reserving paragraph (x)(2). 

The revision reads as follows: 

§ 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-consumerreplaceable 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-consumerreplaceable SSL circuitry basic model. 

* * * * * 

Appendix V to Subpart B of Part 430 

[Removed] 

■ 6. Remove appendix V to subpart B of 

part 430. 

Appendix V1 to Subpart B of Part 430 

[Redesignated] 

■ 7. Redesignate appendix V1 to subpart 

B of part 430 as appendix V to subpart 

B of part 430. 

■ 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 consumerreplaceable SSL circuitry other than 

integrated LED lamps, or packaged with nonconsumer-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 § 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 lightemitting 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 nonANSI-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-ANSIstandard 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-ANSIstandard bases, LED lamps with non-ANSIVerDate Sep<11>2014 16:09 Mar 09, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\10MRP1.SGM 10MRP1

khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 / Proposed Rules 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-consumerreplaceable 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 lightemitting diodes (LEDs) and organic lightemitting 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 consumerreplaceable SSL circuitry and non-consumerreplaceable 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-consumerreplaceable 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. 

Lighting technology Lamp or luminaire efficacy 

measured Referenced test procedure 

Other (non-CFL and non-GSFL) fluorescent lamps.Lamp Efficacy ................................ IES LM–9–20, sections 4–7 and corresponding subsections including 

references to IES LM–54–20 (lamp seasoning); IES–LM–78–20 (integrating sphere measurements). 

CFLKs with consumer-replaceable 

SSL circuitry.

Lamp Efficacy ................................ IES LM–79–19, 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-replaceable SSL circuitry.Luminaire Efficacy ......................... IES LM–79–19, 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 

ANSI standard base and are not 

integrated LED lamps.

Lamp Efficacy ................................ IES LM–79–19, sections 4–7 and corresponding subsections including references to IES–LM–78–17 (integrating sphere measurements); IES LM–75–01/R12 (goniophotometer measurements). 

■ 9. Amend § 430.32 by revising 

paragraph (s)(6). 

§ 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 × 0.9983lumens). 

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 nonconsumer-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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0186; Airspace 

Docket No. 22–AAL–6] 

RIN 2120–AA66 

Proposed Revocation of Colored 

Federal Airways Blue 7 (B–7) and 

Green 9 (G–9); Bethel, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

revoke Colored Federal airways Blue 7 

(B–7) and Green 9 (G–9) in the vicinity 

of Bethel, AK due to the pending 

decommissioning of the Oscarville, AK, 

(OSE) Non-directional Beacon (NDB). 

DATES: Comments must be received on 

or before April 25, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: (800) 

647–5527, or (202) 366–9826. You must 

identify FAA Docket No. FAA–2022– 

0186; Airspace Docket No. 22–AAL–6 at 

the beginning of your comments. You 

may also submit comments through the 

internet at https://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

FAA Order JO 7400.11F is also available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

FAA Order JO 7400.11F at NARA, 

email: fr.inspection@nara.gov or go to 

https://www.archives.gov/federalregister/cfr/ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Christopher McMullin, Rules and 

Regulations Group, Office of Policy, 

Federal Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 


khammond on DSKJM1Z7X2PROD with PROPOSALS