Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules 46611 

was associated with the official agency’s 

inability to provide service in 6 hours or 

less, or timely issuance of the results 

and certificate, the Service may not 

terminate the exception. If the Service 

terminates a long-term exception, all 

parties will be notified, and the 

applicant will resume service with the 

assigned official agency within 60 days 

of notification. 

(2) Nonuse of service exception. If an 

applicant has not received service from 

the assigned official agency within the 

last 90 days, the applicant may request 

that the Service grant a nonuse of 

service exception. 

(i) Requests must clearly state and 

support the following: 

(A) The last date of service from 

assigned official agency; 

(B) The reason service has not been 

received during this timeframe; 

(C) The identified reason for the 

request. 

(ii) Relevant information. Applicants 

may submit any relevant supporting 

information. This may include, but is 

not limited to: 

(A) The location of the specified 

service point(s); 

(B) The types of services requested by 

the applicant and offered by assigned 

official agency; 

(C) The ability of the gaining official 

agency to take on additional customers; 

(D) The ability of the assigned official 

agency to provide the requested service; 

(E) Whether the requesting facility has 

ever used the official system. 

(iii) Supporting Documentation. 

Included with the request for an 

exception, the applicant must submit 

supporting documentation to the 

Service. After receipt of the request, the 

Service will give all parties an 

opportunity to provide additional 

supporting documentation. The Service 

will request additional information if 

any is needed. 

(iv) Review and Validation. Prior to 

granting an exception, the Service will 

review the application and all 

supporting documentation, and the 

Service will conduct any necessary 

analysis to estimate the exception’s 

impact. 

(A) Notification. The Service will 

notify the assigned official agency prior 

to granting an exception for nonuse of 

service. 

(B) Challenge. The assigned official 

agency may challenge a proposed 

exception for any reason. To challenge 

a proposed exception, the assigned 

official agency must object in writing, 

and must submit supporting documents 

to the Service within 14 days after the 

date of notification. Documents must 

clearly identify the objection and 

support the identified reason for the 

challenge. 

(C) Determination. The Service will 

consider impacts on the assigned 

official agency, the applicant, and the 

potential gaining agency when deciding 

whether to grant an exception. These 

impacts may include, but are not 

limited to, the viability of the assigned 

official agency given the loss of 

business. The Service will also consider 

the impact on the integrity of the official 

system and confirm an exception would 

not undermine the congressional 

policies in section 2 of the United States 

Grain Standards Act. The Service will 

provide its decision in writing to the 

assigned official agency, the applicant, 

and the potential gaining agency. 

(v) False or Misleading Requests. If an 

applicant submits a request that the 

Service determines is false or 

misleading the Service may elect to 

limit them from submitting further 

requests for a period of up to 180 days. 

(vi) Renewal or Termination of 

Exception. The nonuse of service 

exception is for the period of the gaining 

agency’s designation. At the end of the 

designation, the Service will review the 

exception, and verify all criteria and 

information. If the exception still meets 

the nonuse criteria, the Service will 

renew the exception for the new 

designation period. In the event the 

gaining agency is no longer designated, 

the exception would automatically 

terminate and the customer would 

return to the assigned official agency. If 

all parties jointly agree to the 

termination of a nonuse of service 

exception, the Service will terminate the 

exception. In this case, the assigned 

official agency must resume service 

within 60 days of notification. 

(vii) Historic exceptions. All nonuse 

of service exceptions, that were in place 

as of March 30, 2019, will be 

incorporated into geographic boundaries 

of the gaining agencies. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–17609 Filed 8–18–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–STD–0012] 

RIN 1904–AF22 

Energy Conservation Program: 

Definitions for General Service Lamps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and announcement of public meeting. 

SUMMARY: On January 19, 2017, the U.S. 

Department of Energy (‘‘DOE’’) 

published two final rules adopting 

revised definitions of general service 

lamp (‘‘GSL’’) and general service 

incandescent lamp (‘‘GSIL’’), and other 

supplemental definitions, to go into 

effect January 1, 2020. Prior to that 

effective date, on September 5, 2019, 

DOE withdrew the revised definitions of 

GSL, GSIL, and the other supplemental 

definitions. Upon further review and 

consideration, in this notice of proposed 

rulemaking (‘‘NOPR’’), DOE proposes to 

adopt the definitions of GSL and GSIL 

and the associated supplemental 

definitions set forth in the January 2017 

final rules. This document also 

announces a public meeting to receive 

comment on these proposed definitions. 

DATES: 

Meeting: DOE will hold a public 

meeting via webinar on Thursday, 

September 30, 2021, from 10:00 a.m. to 

4:00 p.m. See section V, ‘‘Public 

Participation,’’ for webinar registration 

information, participant instructions 

and information about the capabilities 

available to webinar participants. 

Comments: DOE will accept 

comments, data, and information 

regarding this NOPR no later than 

October 18, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments identified by docket 

number EERE–2021–BT–STD–0012, and 

by email: To 

2021STD0012GSLDefinitions@

ee.doe.gov. Include docket number 

EERE–2021–BT–STD–0012 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 


lotter on DSK11XQN23PROD with PROPOSALS1
46612 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

2For editorial reasons, upon codification in the 

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

3As defined in EPCA ‘‘general service 

incandescent lamp’’ does not include the following 

incandescent lamps: (I) An appliance lamp; (II) A 

black light lamp; (III) A bug lamp; (IV) A colored 

lamp; (V) An infrared lamp; (VI) A left-hand thread 

lamp; (VII) A marine lamp; (VIII) A marine signal 

service lamp; (IX) A mine service lamp; (X) A plant 

light lamp; (XI) A reflector lamp; (XII) A rough 

service lamp; (XIII) A shatter-resistant lamp 

(including a shatter-proof lamp and a shatterprotected lamp); (XIV) A sign service lamp; (XV) A 

silver bowl lamp; (XVI) A showcase lamp; (XVII) A 

three-way incandescent lamp; (XVIII) A traffic 

signal lamp; (XIX) A vibration service lamp; (XX) 

A G shape lamp (as defined in ANSI C78.20–2003 

and C79.1–2002[)] with a diameter of 5 inches or 

more; (XXI) A T shape lamp (as defined in ANSI 

C78.20–2003 and C79.1–2002) [and] that uses not 

more than 40 watts or has a length of more than 

10 inches; (XXII) A B, BA, CA, F, G16–1/2, G–25, 

G30, S, or M–14 lamp (as defined in ANSI C79.1– 

2002 and ANSI C78.20–2003) of 40 watts or less. 

42 U.S.C. 6291(30)(D)(ii). 

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 disease 2019 

(‘‘COVID–19’’) pandemic. DOE is 

accepting only electronic submissions at 

this time. 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 for this activity, 

which includes Federal Register 

notices, 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, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The docket web page can be found at 

www.regulations.gov/ 

#!docketDetail;D=EERE-2021-BT-STD0012. 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–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (202) 287– 

1943. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or participate 

in the public meeting, contact the 

Appliance and Equipment Standards 

Program staff at (202) 287–1445 or by 

email: ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

A. Authority 

B. March 2016 Notice of Proposed 

Rulemaking and October 2016 Notice of 

Proposed Definition and Data 

Availability 

C. January 2017 Final Rules 

D. September 2019 Withdrawal Rule and 

Subsequent Review 

II. Synopsis of the Proposed Rule 

III. General Discussion 

A. GSL and GSIL Definitions 

B. Discontinuation of Exemptions 

C. GSLs and GSILs 

1. T-Shape, B, BA, CA, F, G16–1/2, G25, 

G30, S, and M–14 Lamps 

2. Rough Service Lamps, Vibration Service 

Lamps, 3-Way Incandescent Lamps, and 

Shatter-Resistant Lamps 

D. Other GSLs 

E. Incandescent Reflector Lamps 

F. Supplemental Definitions 

G. Proposed Effective Date 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

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 the 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. Materials Incorporated by Reference 

V. Public Participation 

A. Attendance at the Webinar 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

C. Conduct of the Webinar 

D. Submission of Comments 

VI. Approval of the Office of the Secretary 

I. Authority and Background 

Amendments to the Energy Policy and 

Conservation Act (‘‘EPCA’’) in the 

Energy Independence and Security Act 

of 2007, Public Law 110–140 (‘‘EISA’’) 

directed DOE to conduct a number of 

rulemakings regarding coverage of 

lamps as GSLs and GSILs, and to 

evaluate energy conservation standards 

for such lamps. 42 U.S.C. 6295(i)(6)(A)– 

(B). Pursuant to this authority, DOE 

conducted a rulemaking to establish 

revised regulatory definitions for GSLs 

and GSILs. See 82 FR 7276 (Jan. 19, 

2017); 82 FR 7322 (Jan. 19, 2017). 

Subsequently, DOE conducted a 

rulemaking in which it withdrew these 

revised definitions before they took 

effect. 84 FR 46661 (Sept. 5, 2019). The 

following paragraphs provide an 

overview of the authorities and final 

rules issued by DOE relevant to the 

definitions for GSL, GSIL, and related 

terms, as proposed in this NOPR. 

A. Authority 

EPCA, as amended,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 B2 of EPCA, 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles. 42 U.S.C. 6291– 

6309. These products include GSLs, the 

subject of this rulemaking. 

EPCA directs DOE to conduct two 

rulemaking cycles to evaluate energy 

conservation standards for GSLs. 42 

U.S.C. 6295(i)(6)(A)–(B). GSLs are 

defined in EPCA to include GSILs, 

compact fluorescent lamps (‘‘CFLs’’), 

general service light-emitting diode 

(‘‘LED’’) lamps and organic light 

emitting diode (‘‘OLED’’) lamps, and 

any other lamps that the Secretary of 

Energy (‘‘Secretary’’) determines are 

used to satisfy lighting applications 

traditionally served by general service 

incandescent lamps. 42 U.S.C. 

6291(30)(BB)(i), (CC)(i), (DD). The EPCA 

provision setting forth relevant 

definitions indicates that the term 

‘‘general service lamp’’ in EPCA does 

not include any of the twenty-two 

lighting applications or bulb shapes 

explicitly not included in the definition 

of ‘‘general service incandescent 

lamp,’’ 3 or any general service 

fluorescent lamp or incandescent 

reflector lamp. 42 U.S.C. 

6291(30)(BB)(ii). 

For the first rulemaking cycle, EPCA 

directs DOE to initiate a rulemaking 

process prior to January 1, 2014, to 

consider two questions: (1) Whether to 

amend energy conservation standards 


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4See Consolidated Appropriations Act of 2017 

(Pub. L. 115–31, div. D, tit. III); see also 

Consolidated Appropriations Act, 2018 (Pub. L. 

115–141). 

for general service lamps to establish 

more stringent standards than EPCA 

specifies, and (2) whether ‘‘the 

exemptions for certain incandescent 

lamps should be maintained or 

discontinued.’’ 42 U.S.C. 

6295(i)(6)(A)(i). In developing such a 

rule, DOE must consider a minimum 

efficacy standard of 45 lumens per watt 

(‘‘lm/W’’). 42 U.S.C. 6295(i)(6)(A)(ii). 

Further, if the Secretary determines that 

the standards in effect for GSILs should 

be amended, EPCA provides that a final 

rule must be published by January 1, 

2017, with an effective date at least 

three years after the date on which the 

final rule is published. 42 U.S.C. 

6295(i)(6)(A)(iii). Additionally, EPCA 

directs that the Secretary shall consider 

phased-in effective dates after 

considering certain economic factors. 42 

U.S.C. 6295(i)(6)(A)(iv). If DOE fails to 

complete a rulemaking in accordance 

with 42 U.S.C. 6295(i)(6)(A)(i)–(iv), or if 

a final rule from the first rulemaking 

cycle does not produce savings greater 

than or equal to the savings from a 

minimum efficacy standard of 45 lm/W, 

the statute provides a ‘‘backstop’’ under 

which DOE must prohibit sales of GSLs 

that do not meet a minimum 45 lm/W 

standard. 42 U.S.C. 6295(i)(6)(A)(v). 

EPCA further directs DOE to initiate 

a second rulemaking cycle by January 1, 

2020, to determine whether standards in 

effect for GSILs (which are a subset of 

GSLs) should be amended with more 

stringent maximum wattage 

requirements than EPCA specifies, and 

whether the exemptions for certain 

incandescent lamps should be 

maintained or discontinued. 42 U.S.C. 

6295(i)(6)(B)(i). As in the first 

rulemaking cycle, the scope of the 

second rulemaking is not limited to 

incandescent lamp technologies. 42 

U.S.C. 6295(i)(6)(B)(ii). 

In addition to the two mandated 

rulemaking cycles, under the statutory 

definition of GSL, DOE has authority to 

include lamps as GSLs upon 

determining that they are ‘‘used to 

satisfy lighting applications 

traditionally served by general service 

incandescent lamps.’’ 42 U.S.C. 

6291(30)(BB)(i)(IV). 

B. March 2016 Notice of Proposed 

Rulemaking and October 2016 Notice of 

Proposed Definition and Data 

Availability 

Pursuant to its statutory authority, 

DOE published a Notice of Proposed 

Rulemaking on March 17, 2016 that 

addressed the first question that 

Congress directed it to consider— 

whether to amend energy conservation 

standards for GSLs (‘‘March 2016 

NOPR’’). 81 FR 14528, 14629–14630 

(Mar. 17, 2016). In that NOPR, DOE 

stated that it would be unable to 

undertake any analysis regarding GSILs 

and other incandescent lamps because 

of a then-applicable congressional 

restriction (‘‘the Appropriations Rider’’). 

See Id. at 81 FR 14528, 14540–14541. 

The Appropriations Rider prohibited 

expenditure of funds appropriated by 

that law to implement or enforce: (1) 10 

CFR 430.32(x), which includes 

maximum wattage and minimum rated 

lifetime requirements for GSILs; and (2) 

standards set forth in section 

325(i)(1)(B) of EPCA (42 U.S.C. 

6295(i)(1)(B)), which sets minimum 

lamp efficiency ratings for incandescent 

reflector lamps (‘‘IRLs’’). Under the 

Appropriations Rider, DOE was 

restricted from undertaking the analysis 

required to address the first question 

presented by Congress, but was not so 

limited in addressing the second 

question—that is, DOE was not 

prevented from determining whether 

the exemptions for certain incandescent 

lamps should be maintained or 

discontinued. To address that second 

question, DOE published a Notice of 

Proposed Definition and Data 

Availability (‘‘NOPDDA’’), which 

proposed to amend the definitions of 

GSIL, GSL, and related terms (‘‘October 

2016 NOPDDA’’). 81 FR 71794, 71815 

(Oct. 18, 2016). Notably, the 

Appropriations Rider originally was 

adopted in 2011 and was readopted and 

extended continuously in multiple 

subsequent legislative actions. It expired 

on May 5, 2017, when the Consolidated 

Appropriations Act, 2017 was enacted.4

C. January 2017 Final Rules 

On January 19, 2017, DOE published 

two final rules concerning the 

definitions of GSL, GSIL, and related 

terms. 82 FR 7276; 82 FR 7322 (‘‘January 

2017 Final Rules’’). The January 2017 

Final Rules amended the definitions of 

GSIL and GSL by bringing certain 

categories of lamps within the 

definitions of GSIL and GSL that EPCA 

had exempted. These two rules were 

issued simultaneously, with the first 

rule maintaining the existing exemption 

for IRLs in the definition of GSL and the 

second rulemaking determining to 

discontinue the IRL exemption. See 82 

FR 7312; 82 FR 7323. The January 2017 

Final Rules related only to the second 

question that Congress directed DOE to 

consider, regarding whether to maintain 

or discontinue ‘‘exemptions’’ for certain 

incandescent lamps. 42 U.S.C. 

6295(i)(6)(A)(i)(II). DOE explained in the 

rule that the discontinuation of certain 

exemptions would render the lamps 

within those exemptions GSLs, to the 

extent they would otherwise qualify as 

GSLs. For certain lamps, the 

discontinuation of the exemption may 

also render the lamp a GSIL, to the 

extent it would otherwise qualify as a 

GSIL. 82 FR 7277. DOE stated that it 

would then either impose standards on 

these lamps pursuant to its authority to 

develop GSL standards or apply the 

backstop standard prohibiting the sale 

of lamps not meeting a 45 lm/W efficacy 

standard. 82 FR 7276, 7277. The 

definitions in the January 2017 Final 

Rules were to become effective on 

January 1, 2020. 82 FR 7276, 7276; 82 

FR 7322, 7322. 

D. September 2019 Withdrawal Rule 

and Subsequent Review 

With the removal of the 

Appropriations Rider in the 

Consolidated Appropriations Act, 2017, 

DOE was no longer restricted from 

undertaking the analysis and decisionmaking required to address the first 

question presented by Congress—that is, 

whether to amend energy conservation 

standards for GSLs, including GSILs. 

Thus, on August 15, 2017, DOE 

published a Notice of Data Availability 

and request for information (‘‘NODA’’) 

seeking data for GSILs and other 

incandescent lamps (‘‘August 2017 

NODA’’). 82 FR 38613. 

The purpose of the August 2017 

NODA was to assist DOE in determining 

whether standards for GSILs should be 

amended. 42 U.S.C. 6295(i)(6)(A)(i)(I). 

Comments submitted in response to the 

August 2017 NODA also led DOE to 

reconsider the decisions it had already 

made with respect to the second 

question presented to DOE (whether the 

exemptions for certain incandescent 

lamps should be maintained or 

discontinued). 42 U.S.C. 

6295(i)(6)(A)(i)(II). As a result of the 

comments received in response to the 

August 2017 NODA, DOE also reassessed the legal interpretations 

underlying certain decisions made in 

the January 2017 Final Rules. 

On February 11, 2019, DOE published 

a NOPR proposing to withdraw the 

revised definitions of GSL and GSIL, 

and the new and revised definitions of 

related terms that were to go into effect 

on January 1, 2020. 84 FR 3120. In a 

final rule published September 5, 2019, 

DOE finalized the withdrawal of the 

definitions of GSIL, GSL, and related 

terms established in the January 2017 

Final Rules. 84 FR 46661 (‘‘September 

2019 Withdrawal Rule’’). Informed, in 

part, by comments received in response 


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to the August 2017 NODA, DOE 

concluded in the September 2019 

Withdrawal Rule that maintaining the 

definitions for GSL and GSIL as 

established by EPCA and not 

discontinuing certain exemptions 

pursuant to the required review under 

42 U.S.C. 6295(i)(6)(A)(i) was the best 

reading of the statute. 84 FR 46661, 

46665–46666. DOE also stated that it 

identified inaccuracies underlying its 

determination to revise the definitions 

of GSL and GSIL. 84 FR 46661, 46665. 

Based on data received in response to 

the August 2017 NODA, DOE learned 

that it had overestimated shipment 

numbers for candelabra base 

incandescent lamps by a factor of more 

than two. Id. In withdrawing the 

definitions established in the January 

2017 Final Rules, DOE specifically 

addressed its determinations to 

maintain the exemptions for rough 

service lamps; shatter-resistant lamps; 

three-way incandescent lamps; high 

lumen incandescent lamps (2,601–3,300 

lumens); vibration service lamps; Tshape lamps of 40 watts (‘‘W’’) or less 

or length of 10 inches or more; B, BA, 

CA, F, G16–1/2, G25, G30, S, M–14 

lamps of 40 W or less; candelabra base 

lamps; and IRLs. Id. 

The September 2019 Withdrawal Rule 

also addressed issues and comments 

regarding the imposition of the 45 lm/ 

W backstop, applicability of EPCA’s 

anti-backsliding provision at 42 U.S.C. 

6295(o), and preemption of State 

regulation of lamps. 84 FR 46663– 

46665, 46669. These additional issues 

are not the subject of this NOPR. DOE 

has requested comments and data to 

inform further consideration of the 45 

lm/W backstop provision. See 86 FR 

28001 (May 25, 2021). 

As a result of the September 2019 

Withdrawal Rule, the amended 

definitions of GSL and GSIL and the 

new and revised definitions of related 

terms established in the January 2017 

Final Rules were withdrawn prior to 

going into effect. The current regulatory 

definitions of GSL and GSIL are those 

set forth in EPCA. See 10 CFR 430.2; see 

also 42 U.S.C. 6291(30)(D); 42 U.S.C. 

6291(30)(BB). 

Subsequent to the September 2019 

Withdrawal Rule, on January 20, 2021, 

President Biden issued Executive Order 

(‘‘E.O.’’) 13990, ‘‘Protecting Public 

Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis.’’ 86 FR 7037 (Jan. 25, 2021). 

Section 1 of that Order lists a number 

of policies related to the protection of 

public health and the environment, 

including reducing greenhouse gas 

emissions and bolstering the Nation’s 

resilience to climate change. 86 FR 

7037, 7041. Section 2 of the Order 

instructs all agencies to review ‘‘existing 

regulations, orders, guidance 

documents, policies, and any other 

similar agency actions . . . 

promulgated, issued, or adopted 

between January 20, 2017, and January 

20, 2021, that are or may be inconsistent 

with, or present obstacles to, [these 

policies].’’ Id. Agencies are then 

directed, as appropriate and consistent 

with applicable law, to consider 

suspending, revising, or rescinding 

these agency actions and to immediately 

commence work to confront the climate 

crisis. Id. 

Consistent with E.O. 13990, DOE has 

undertaken a review of the definitions 

of GSL and GSIL in the September 2019 

Withdrawal Rule and the January 2017 

Final Rules. Although E.O. 13990 

triggered DOE’s review, DOE is relying 

on its analysis below, based on the 

language and intent of EPCA, to support 

its decision to reconsider the September 

2019 Withdrawal Rule. As a result of 

this review, DOE rejects the alternative 

interpretation of the statutory directives 

in EPCA set forth in the September 2019 

Withdrawal rule and preliminarily 

determines that DOE’s interpretation in 

this proposed rule is the best and proper 

reading of the statute. 

II. Synopsis of the Proposed Rule 

In this NOPR, DOE proposes to amend 

the definitions of GSL and GSIL as 

previously set forth in the January 2017 

Final Rules. DOE has preliminarily 

determined that the definitions as 

proposed are consistent with the 

congressional direction provided in 

EPCA and further the purposes set forth 

in EPCA, as well as in E.O. 13990. 

Additionally, DOE proposes to adopt 

the supplemental definitions 

established in the January 2017 Final 

Rules, which relate to the proposed 

definitions of GSL and GSIL. DOE is not 

proposing whether standards for GSLs, 

including GSILs, should be amended. 

Rather, DOE is proposing the scope of 

lamps to be considered in such a 

determination. 

III. General Discussion 

A. GSL and GSIL Definitions 

To provide context for this NOPR, this 

section provides further description of 

the statutory and regulatory definitions, 

as amended under the January 2017 

Final Rules and September 2019 

Withdrawal Rule rulemakings. 

EPCA defines the class of GSLs as 

including GSILs, CFLs, general service 

LED and OLED lamps, and any other 

lamps that DOE determines are used to 

satisfy lighting applications 

traditionally served by GSILs; however, 

as initially specified by EPCA, GSLs did 

not include any lighting application or 

bulb shape that under 42 U.S.C. 

6291(30)(D)(ii) is not included in the 

‘‘general service incandescent lamp’’ 

definition, or any general service 

fluorescent lamp or incandescent 

reflector lamp. 42 U.S.C. 6291(30)(BB). 

EPCA defines a GSIL generally as a 

standard incandescent or halogen type 

lamp that is intended for general service 

applications; has a medium screw base; 

has a lumen range of not less than 310 

lumens and not more than 2,600 lumens 

or, in the case of a modified spectrum 

lamp, not less than 232 lumens and not 

more than 1,950 lumens; and is capable 

of being operated at a voltage range at 

least partially within 110 and 130 volts. 

42 U.S.C. 6291(30)(D)(i). This definition 

does not apply, however, to the 

following incandescent lamps: An 

appliance lamp; a black light lamp; a 

bug lamp; a colored lamp; an infrared 

lamp; a left-hand thread lamp; a marine 

lamp; a marine signal service lamp; a 

mine service lamp; a plant light lamp; 

a reflector lamp; a rough service lamp; 

a shatter-resistant lamp (including a 

shatter-proof lamp and a shatterprotected lamp); a sign service lamp; a 

silver bowl lamp; a showcase lamp; a 

three-way incandescent lamp; a traffic 

signal lamp; a vibration service lamp; a 

G shape lamp (as defined in ANSI 

C78.20 and ANSI C79.1–2002) with a 

diameter of 5 inches or more; a T shape 

lamp (as defined in ANSI C78.20 and 

ANSI C79.1–2002) and that uses not 

more than 40 watts or has a length of 

more than 10 inches; and a B, BA, CA, 

F, G16–1/2, G–25, G30, S, or M–14 lamp 

(as defined in ANSI C79.1–2002 and 

ANSI C78.20) of 40 watts or less. 42 

U.S.C. 6291(30)(D)(ii). 

In the January 2017 Final Rules, 

invoking the rulemaking authority 

afforded by EPCA in 42 U.S.C. 

6291(30)(BB)(i)(IV), DOE amended the 

regulatory definition of GSL to mean a 

lamp that had an ANSI base; was able 

to operate at a voltage of 12 volts or 24 

volts, at or between 100 to 130 volts, at 

or between 220 to 240 volts, or of 277 

volts for integrated lamps, or was able 

to operate at any voltage for nonintegrated lamps; had an initial lumen 

output of greater than or equal to 310 

lumens (or 232 lumens for modified 

spectrum general service incandescent 

lamps) and less than or equal to 3,300 

lumens; was not a light fixture; was not 

an LED downlight retrofit kit; and was 

used in general lighting applications. 82 

FR 7312. General service lamps 

included, but were not limited to, 

general service incandescent lamps, 

compact fluorescent lamps, general 


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service light-emitting diode lamps, and 

general service organic light-emitting 

diode lamps. 82 FR 7276, 7321. 

As defined in the January 2017 Final 

Rules, GSLs did not include: (1) 

Appliance lamps; (2) Black light lamps; 

(3) Bug lamps; (4) Colored lamps; (5) G 

shape lamps with a diameter of 5 inches 

or more as defined in ANSI C79.1–2002; 

(6) General service fluorescent lamps; 

(7) High intensity discharge lamps; (8) 

Infrared lamps; (9) J, JC, JCD, JCS, JCV, 

JCX, JD, JS, and JT shape lamps that do 

not have Edison screw bases; (10) 

Lamps that have a wedge base or 

prefocus base; (11) Left-hand thread 

lamps; (12) Marine lamps; (13) Marine 

signal service lamps; (14) Mine service 

lamps; (15) MR shape lamps that have 

a first number symbol equal to 16 

(diameter equal to 2 inches) as defined 

in ANSI C79.1–2002, operate at 12 volts, 

and have a lumen output greater than or 

equal to 800; (16) Other fluorescent 

lamps; (17) Plant light lamps; (18) R20 

short lamps; (19) Reflector lamps that 

have a first number symbol less than 16 

(diameter less than 2 inches) as defined 

in ANSI C79.1– 2002 and that do not 

have E26/E24, E26d, E26/50x39, E26/ 

53x39, E29/28, E29/53x39, E39, E39d, 

EP39, or EX39 bases; (20) S shape or G 

shape lamps that have a first number 

symbol less than or equal to 12.5 

(diameter less than or equal to 1.5625 

inches) as defined in ANSI C79.1–2002; 

(21) Sign service lamps; (22) Silver bowl 

lamps; (23) Showcase lamps; (24) 

Specialty MR lamps; (25) T shape lamps 

that have a first number symbol less 

than or equal to 8 (diameter less than or 

equal to 1 inch) as defined in ANSI 

C79.1–2002, nominal overall length less 

than 12 inches, and that are not compact 

fluorescent lamps; and (26) Traffic 

signal lamps. Id.; 82 FR 7322, 7333. 

The January 2017 Final Rules defined 

GSIL to discontinue the exemptions for 

rough service lamps; shatter-resistant 

lamps; three-way incandescent lamps; 

vibration service lamps; reflector lamps; 

T-shape lamps of 40 W or less or length 

of 10 inches or more; and B, BA, CA, F, 

G16–1/2, G25, G30, S, M–14 lamps of 40 

W or less. 82 FR 7276, 7291. 

DOE subsequently withdrew the 

definitions as established in the January 

2017 Final Rules before their effective 

date and reverted to the statutory 

definitions. As a result, the exemptions 

from the definitions of GSL and GSIL as 

originally provided in EPCA are 

currently maintained. 

B. Discontinuation of Exemptions 

The September 2019 Withdrawal Rule 

failed to give meaningful effect to the 

statutory direction that DOE determine 

whether exemptions for certain 

incandescent lamps should be 

discontinued. In adopting the 

rulemaking mandate, Congress provided 

DOE with the authority to adjust the 

scope of GSLs and GSILs to ensure that 

the energy savings Congress intended 

would be achieved notwithstanding the 

possibility that, with the passage of 

time, different lamps might be used to 

satisfy lighting applications 

traditionally served by GSILs. 42 U.S.C. 

6295(i)(6)(A)(i)–(ii). In disavowing 

DOE’s prior conclusions in the January 

2017 Final Rules, the September 2019 

Withdrawal Rule incongruously 

asserted that the statutory command to 

DOE to determine whether to 

discontinue certain exemptions did not 

give DOE authority to amend statutory 

definitions by regulation, 84 FR 46667, 

but then failed to explain what that 

command does authorize. In doing so, 

the September 2019 Withdrawal Rule 

disregarded congressional intent as 

expressed through the statutory 

language. In contrast, the position taken 

in the January 2017 Final Rules did 

fulfill the intent of Congress by using 

the authority granted to DOE through 

EISA to achieve the energy savings for 

GSLs that Congress expected. This 

position represents the best 

implementation of EPCA given the 

potential for lost energy savings that 

may result from the use of lamps in 

general lighting applications that would 

not be subject to energy conservation 

standards. As DOE understood in the 

January 2017 Final Rules, EPCA 

exempted certain categories of lamps 

because, on the one hand, some lamps 

in those categories have specialty 

applications; and on the other hand, it 

was not clear, at the time when these 

lamp provisions were originally 

enacted, whether those lamps were used 

to satisfy lighting applications 

traditionally served by GSILs. 82 FR 

7276, 7277. The purpose, then, of the 

determination Congress directed DOE to 

make (i.e., whether to maintain or to 

discontinue a given exemption (42 

U.S.C. 6295(i)(6)(A)(i)(II))) was that DOE 

should assess the role of lamps of the 

various exempted types in the broader 

lighting market, bearing in mind the 

evident statutory purpose of achieving 

energy conservation by imposing 

efficiency standards for general lighting. 

Id. at 82 FR 7276, 7277. That is, 

Congress directed DOE to evaluate 

whether the exempted lamps are being 

used in applications in which GSILs 

have previously been used. 

In the September 2019 Withdrawal 

Rule, DOE failed to properly consider 

the congressional intent underlying 

EPCA generally and EISA specifically, 

and, consequently, failed to read the 

statute in the proper context, leading to 

an incorrect interpretation by DOE in 

2019 that it could not exercise its 

authority to remove exemptions for 

certain incandescent lamps that are 

used in general lighting applications. 

The initial determination reached here 

to adopt the definitions established in 

the January 2017 Final Rules best aligns 

with EPCA’s goals for increasing the 

energy efficiency of covered products 

through the establishment and 

amendment of energy conservation 

standards and promoting conservation 

measures when feasible. 42 U.S.C. 6291 

et seq., as amended. 

C. GSLs and GSILs 

As discussed in section I.A, EPCA 

directs DOE to initiate a rulemaking 

process prior to January 1, 2014, to 

consider two questions: (1) Whether to 

amend energy conservation standards 

for general service lamps and (2) 

whether ‘‘the exemptions for certain 

incandescent lamps should be 

maintained or discontinued.’’ 42 U.S.C. 

6295(i)(6)(A)(i). In the January 2017 

Final Rules, which addressed the 

second question, DOE understood the 

purpose of the determinations regarding 

exemptions required under section 

(i)(6)(A)(i)(II) of EPCA to be to ensure 

that a given exemption would not 

impair the effectiveness of GSL 

standards by leaving available a 

convenient substitute that is not 

regulated as a GSL. DOE based its 

decision for each exemption on an 

assessment of whether the exemption 

encompasses lamps that can provide 

general illumination and can 

functionally be a ready substitute for 

lamps already covered as GSLs. Id. A 

lamp that is capable of providing 

general illumination has design features 

that make it highly suitable for 

performing that task in the sort of 

application in which GSILs have 

traditionally served. 82 FR 7276, 7303. 

The technical characteristics of lamps in 

a given exemption and the volume of 

sales of those lamps were among the 

considerations relevant to that 

assessment. 82 FR 7276, 7288. High 

annual sales were an indication that the 

product is likely used in general lighting 

applications, because the sales of lamps 

for specialty applications tend to be 

relatively small compared with sales for 

general-purpose lighting. Id. DOE also 

cautioned that sales data are not the 

only consideration, as it may be 

appropriate to discontinue an 

exemption even though current sales are 

relatively low, if technical 

characteristics of the exempted lamps 

make them likely to serve as ready 


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substitutes for GSLs once GSL standards 

are in place. Id. 

Contrary to this position, in the 

September 2019 Withdrawal Rule, DOE 

stated that it may have overstepped its 

limited authority by relying on factors 

that Congress did not intend it to 

consider. DOE further stated that it was 

no longer using ‘‘convenient 

unregulated alternatives’’ as a basis 

upon which to discontinue exemptions 

for specialty lamp types. DOE agreed 

with those commenters that asserted 

this consideration went beyond the 

authority granted by Congress to use the 

potential that a lamp may be considered 

a loophole to GSL standards as the basis 

for discontinuing its exemption under 

the statute. 84 FR 46661, 46668–46669. 

Subsequently, in the September 2019 

Withdrawal Rule, DOE maintained the 

definitions of GSLs and GSILs. Id. 

Upon reviewing the September 2019 

Withdrawal Rule, DOE now recognizes 

that the analysis in that rule may have 

overlooked certain considerations and 

may not have accurately characterized 

the actions taken in the January 2017 

Final Rules. Certain factors were not 

fully explored in the September 2019 

Withdrawal Rule and merit 

consideration in determining whether to 

amend the definitions of GSL and GSIL. 

The specific discussions from the 

September 2019 Withdrawal Rule that 

require further consideration are 

addressed in the appropriate sections 

that follow. 

Based on the analysis and evaluation 

presented in the rulemaking 

culminating in the January 2017 Final 

Rules, and the discussion that follows, 

DOE is proposing to define GSIL to 

mean: A standard incandescent or 

halogen type lamp that is intended for 

general service applications; has a 

medium screw base; has a lumen range 

of not less than 310 lumens and not 

more than 2,600 lumens or, in the case 

of a modified spectrum lamp, not less 

than 232 lumens and not more than 

1,950 lumens; and is capable of being 

operated at a voltage range at least 

partially within 110 and 130 volts; 

however, this definition does not apply 

to the following incandescent lamps: An 

appliance lamp; a black light lamp; a 

bug lamp; a colored lamp; a G shape 

lamp with a diameter of 5 inches or 

more as defined in ANSI C79.1–2002; an 

infrared lamp; a left-hand thread lamp; 

a marine lamp; a marine signal service 

lamp; a mine service lamp; a plant light 

lamp; an R20 short lamp; a sign service 

lamp; a silver bowl lamp; a showcase 

lamp; and a traffic signal lamp. 

The proposed definition explicitly 

exempts R20 short lamps to maintain an 

exemption for these lamps consistent 

with DOE’s determination in a final rule 

published on November 14, 2013, that 

standards for R20 short lamps would 

not result in significant energy savings 

because such lamps are designed for 

special applications or have special 

characteristics not available in 

reasonably substitutable lamp types. 78 

FR 68331, 68340. 

As stated, GSILs are included in the 

definition of GSL. 42 U.S.C. 

6291(30)(BB)(i)(I). Any lamp that meets 

the definition of a GSIL would be a GSL. 

As such, consideration of whether a 

GSIL exemption should be maintained, 

for purposes of both the GSL definition 

and the GSIL definition, is informed, in 

part, by the considerations under DOE’s 

authority to include other lamps as 

GSLs because they ‘‘are used to satisfy 

lighting applications traditionally 

served by general service incandescent 

lamps.’’ 42 U.S.C. 6291(30)(BB)(i)(IV). 

Based on DOE’s review of product 

availability, technical information, and 

prior stakeholder comments, DOE 

preliminarily finds that the 

unavailability of non-incandescent 

substitutes for a given lamp suggests 

that the lamp is not being used for 

traditional GSIL applications. If design 

characteristics of lamps for a given 

application are such that the nonincandescent lamp cannot be made with 

the same characteristics, DOE 

preliminarily concludes those lamps are 

not being used for general illumination 

and, therefore, such lamps would be 

excluded from the definition of GSLs 

See 82 FR 7276, 7301. 

Also relevant to DOE’s consideration 

of whether to maintain a GSIL 

exemption, DOE must also determine 

what types of lighting applications have 

been traditionally served by GSILs. As 

stated in the January 2017 Final Rules, 

traditionally, lamps that are standard 

incandescent or halogen and that satisfy 

the other criteria for the definition of 

GSIL in 42 U.S.C. 6291(30)(D) have 

served general lighting applications. 82 

FR 7276, 7302. By ‘‘general lighting 

applications,’’ DOE means lighting that 

provides an interior or exterior area 

with overall illumination. DOE 

considers the term ‘‘overall 

illumination’’ to be similar in meaning 

to the term ‘‘general lighting’’ as defined 

in the industry standard ANSI/IES RP– 

16–10, which states that ‘‘general 

lighting’’ means lighting designed to 

provide a substantially uniform level of 

illuminance throughout an area, 

exclusive of any provision for special 

local requirements. 

Further discussion of DOE’s 

consideration of including other lamps 

as GSLs is discussed in greater detail in 

section III.D of this document. The 

following paragraphs discuss the 

proposed discontinuation of the 

exemptions for certain T-shape, B, BA, 

CA, F, G16–1/2, G25, G30, S, and M–14 

lamps; rough service lamps; vibration 

service lamps; three-way incandescent 

lamps; and shatter-resistant lamps. 

1. T-Shape, B, BA, CA, F, G16–1/2, G25, 

G30, S, and M–14 Lamps 

In the January 2017 Final Rules, DOE 

discontinued the exemptions for certain 

T-shape lamps and certain B, BA, CA, 

F, G16–1/2, G25, G30, S, and M–14 

lamps. 82 FR 7276, 7294. DOE found 

that T-shape lamps are frequently used 

in general lighting applications and thus 

present a significant risk for lamp 

switching. Based on this high potential 

for lamp switching—reflected in part by 

high sales—DOE discontinued the GSIL 

exemption for these lamps. Id. 

Regarding B, BA, CA, F, G16–1/2, G25, 

G30, S, and M–14 lamps, DOE noted 

that Congress listed these lamps 

together in paragraph (XXII), and so 

considered whether to maintain the 

exemption for these lamps as a group. 

Id. DOE also noted that the pear shapes 

and globe shapes characterized by the 

majority of lamps in this category would 

not prevent consumers from using them 

in general service lighting applications 

and found that these lamps are very 

common. 82 FR 7276, 7295. DOE 

considered the potential for lamp 

switching through the future use of 

different fixtures and found there to be 

a potential that inclusion of some but 

not all of the lamps in the group would 

shift the market to the lamp or lamps 

that remain exempt. Id. Accordingly, 

DOE discontinued exemptions in the 

GSIL definition for B, BA, CA, F, G16– 

1/2, G25, G30, S, and M–14 lamps of 40 

W or less. Id. 

However, in the January 2017 Final 

Rules, DOE did maintain exemptions 

from the GSL definition set forth in 

those final rules for the following lamp 

shapes: (1) T-shape lamps that have a 

first number symbol less than or equal 

to 8 (diameter less than or equal to 1 

inch) as defined in ANSI C79.1–2002, 

nominal overall length less than 12 

inches, and that are not compact 

fluorescent lamps; and (2) S-shape or Gshape lamps that have a first number 

symbol less than or equal to 12.5 

(diameter less than or equal to 1.5625 

inches) as defined in ANSI C79.1–2002. 

DOE concluded that those lamps should 

not have been included in the GSL 

definition set forth in those final rules 

because they do not and likely cannot 

have equivalent replacements using 

more efficient technology. 82 FR 7276, 

7310. 


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5See the final determination regarding energy 

conservation standards for GSILs published on 

December 27, 2019. 84 FR 71626. 

6Lamps that otherwise would be GSILs but for 

having a lumen range between 2,601–3,300 

(referred to in 42 U.S.C. 6295(l)(4) as ‘‘2,601–3,300 

lumen general service incandescent lamps’’) were 

defined in the January 2017 Final Rules as GSLs but 

not GSILs, and therefore are not addressed in this 

section. 

In the September 2019 Withdrawal 

Rule, DOE addressed the 

discontinuation of exemptions for 

certain T-shape, B, BA, CA, F, G16–1/ 

2, G25, G30, S, and M–14 lamps 

together with candelabra base lamps, 

stating that discontinuing the 

exemptions for all of these lamp 

categories was not consistent with the 

best reading of the statute because such 

lamps are not used in the same 

applications as the standard GSIL. 84 FR 

46661, 46668. DOE stated that these 

lamps generally provide a more limited 

range of light output as compared with 

GSILs not subject to exemption, have 

form factors not as large as GSILs not 

subject to exemptions, and present a 

decorative aesthetic not replicated by 

GSILs not subject to the exemptions. Id. 

Upon further consideration, DOE has 

tentatively determined that candelabra 

base lamps were inappropriately 

addressed with T-shape, B, BA, CA, F, 

G16– 

1/2, G25, G30, S, and M–14 lamps in the 

September 2019 Withdrawal Rule. The 

January 2017 Final Rules determined 

whether T-shape, B, BA, CA, F, G16–1/ 

2, G25, G30, S, and M–14 lamps would 

remain exempt from the definition of 

GSIL, and thus were evaluated in the 

context of the GSIL definition. 82 FR 

7276, 7297. Candelabra base lamps were 

not included in this evaluation since the 

lamps do not have a medium screw base 

as required under the GSIL definition. 

Instead, DOE determined in the January 

2017 Final Rules that candelabra base 

lamps should be covered as GSLs. See 

82 FR 7276, 7310. In this NOPR, DOE 

appropriately addresses in section III.D 

of this document candelabra base lamps 

in the context of the GSL definition. 

Regarding the light output of certain 

T-shape, B, BA, CA, F, G16–1/2, G25, 

G30, S, and M–14 lamps, DOE 

tentatively concludes that the 

September 2019 Withdrawal Rule 

inaccurately stated that these lamps 

provide a more limited range of light 

output as compared with GSILs not 

subject to exemption. However, these 

lamps were only considered to the 

extent that they were in the lumen range 

of 310–2600 per the GSIL definition. As 

such, in order to be included in the 

exemption under the statutory 

definition of GSIL, and therefore 

considered for discontinuation of the 

exemption in the January 2017 Final 

Rules, the lamps must have a lumen 

output of 310 lumens or greater, 

consistent with GSILs not subject to the 

exemption. As DOE concluded in the 

January 2017 Final Rules, even with a 

maximum wattage limitation, these 

lamps are still capable of providing 

overall illumination (i.e., general 

illumination). 82 FR 7276, 7294–7295. 

Regarding the form factor and size of 

certain T-shape, B, BA, CA, F, G16–1/ 

2, G25, G30, S, and M–14 lamps, DOE 

tentatively concludes that such lamps 

were not accurately compared to lamps 

that meet the current statutory 

definition of GSIL in the September 

2019 Withdrawal Rule. The September 

2019 Withdrawal Rule stated that these 

lamps have form factors not as large as 

currently defined GSILs. 84 FR 46661, 

46668. However, DOE now recognizes 

that the most common GSIL is an A19 

shape,5 and that the G25 and G30 lamps 

have a diameter 31 percent and 57 

percent greater, respectively, than the 

diameter of the A19 shape. Further, the 

September 2019 Withdrawal Rule stated 

that these lamp shapes present a 

decorative aesthetic not replicated by 

lamps that meet the current statutory 

definition of GSIL. Id. DOE no longer 

agrees that this statement supports 

continued exemption, as data indicates 

that the decorative shape does not 

prevent consumers from using them in 

general service lighting applications. 

See 82 FR 7276, 7310. Additionally, as 

described previously, some lamps with 

these shapes are currently certified as 

being compliant with DOE’s standards 

for GSILs. As stated, if a more efficient 

version with the same shape cannot be 

made for a technical reason, DOE did 

not include the lamp as a GSL in the 

definition adopted by the January 2017 

Final Rules and similarly does not 

propose to include such a lamp in the 

definition of GSL in this proposal. 

With regard to T-shape lamps, DOE 

finds that T-shape lamps are capable of 

providing overall illumination and 

therefore can readily serve general 

lighting applications. See 82 FR 7276, 

7294. With regard to B, BA, CA, F, G16– 

1/2, G25, G30, S, and M–14 lamps, DOE 

is considering whether to maintain the 

exemption for these lamps as a group 

due to its concern with lamp switching. 

As stated in the January 2017 Final 

Rules, DOE recognizes that the lamps 

listed here may each not be substituted 

for one another in existing fixtures, but 

present the potential for lamp switching 

through the future use of different 

fixtures. 82 FR 7276, 7295. As indicated 

by the high sales data of this category 

presented in the January 2017 Final 

Rules (82 FR 7276, 7291), DOE 

tentatively concludes these lamps to be 

very common and usable in general 

lighting applications. For the reasons 

discussed in the preceding paragraphs 

and presented in the January 2017 Final 

Rules, DOE has tentatively concluded 

that the basis for discontinuing the 

exemption for certain T-shape, B, BA, 

CA, F, G16–1/2, G25, G30, S, and M–14 

lamps in this proposal is the best 

interpretation of the statute. In contrast 

to the interpretation adopted by DOE in 

2019, this proposal best satisfies the 

intent of Congress and implements the 

objective of the statutory language of 

EPCA to conserve energy through 

regulation of certain energy uses and 

provide improved energy efficiency of 

certain consumer products. See 42 

U.S.C. 6201. Accordingly, DOE proposes 

to define these products as GSILs in this 

proposal. DOE requests information and 

data, if available, on sales data of Tshape, B, BA, CA, F, G16–1/2, G25, G30, 

S, and M–14 lamps. 

2. Rough Service Lamps, Vibration 

Service Lamps, Three-Way Incandescent 

Lamps, and Shatter-Resistant Lamps 

Under 42 U.S.C. 6295(l)(4), DOE is 

required to undertake a rulemaking for 

rough service lamps, shatter-resistant 

lamps, three-way incandescent lamps, 

and vibration service lamps when the 

sales of these lamps meet specified 

thresholds.6 DOE is also required, in 

consultation with the National Electrical 

Manufacturers Association (‘‘NEMA’’), 

to collect sales data for these lamps and 

construct a model to predict future 

sales. 42 U.S.C. 6295(l)(4)(B). DOE must 

then track the actual sales data, and 

when sales exceed sales projected by the 

model by 100 percent, DOE must 

initiate an energy conservation standard 

rulemaking. 42 U.S.C. 6295(l)(4)(D), (E), 

(F), (H). If DOE does not complete the 

accelerated rulemaking in the specified 

time period, it must impose a backstop 

requirement for that lamp. 42 U.S.C. 

6295(l)(4)(D)(ii), (E)(ii), (F)(ii), (H)(ii). 

In the January 2017 Final Rules, DOE 

determined that the rulemaking 

provisions at 42 U.S.C. 6295(l)(4) were 

not the only way in which DOE can 

regulate these lamps. 82 FR 7276, 7296. 

DOE noted that the text of 42 U.S.C. 

6295(i) and 42 U.S.C. 6295(l)(4) does not 

state that the 42 U.S.C. 6295(l)(4) 

process operates to the exclusion of 

regulating these lamps as GSLs and that 

the provisions under 42 U.S.C. 

6295(l)(4) could be complementary to 

regulation of these lamps as GSLs. Id. 

Based in part on the potential for these 

lamp types to serve as replacements to 


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7Section 321 added statutorily prescribed 

standards for GSILs as section 325(i)(1)(A) of EPCA. 

But because of an apparent conflict with Section 

322(b) of EISA, which purported to strike section 

325(i)(1) in its entirety and replace it with a 

different text, this provision was never codified in 

the U.S. Code. DOE has issued regulations 

implementing this uncodified provision at 10 CFR 

430.32(x). 

regulated GSLs, DOE discontinued the 

exemption for rough service lamps, 

shatter-resistant lamps, three-way 

incandescent lamps and vibration 

service lamps in the January 2017 Final 

Rules. Id. 

In the September 2019 Withdrawal 

Rule, DOE determined that, since these 

lamps are subject to standards in 

accordance with a specific regulatory 

process under 42 U.S.C. 6295(l)(4), there 

is no need to undertake an additional 

process for determining whether to 

establish energy conservation standards 

for these lamp types as GSLs under 42 

U.S.C. 6295(i)(6)(A)(i). 84 FR 46661, 

46666. DOE explained that doing so 

would potentially subject these lamps 

types to two separate standards and 

potentially create confusion among 

regulated entities. Id. Moreover, DOE 

noted that the regime for potential 

regulation of these lamp types was 

added to the statute in the same 

enactment that required DOE to 

consider standards for GSLs, and in 

both instances the criteria stated in the 

statute for consideration for standards 

includes consideration of sales of the 

subject lamps. Id. In the September 2019 

Withdrawal Rule, DOE read the 

inclusion of sales consideration in both 

42 U.S.C. 6295(i)(6)(A)(i) and 42 U.S.C. 

6295(l)(4) as an indication that Congress 

intended the two rulemaking provisions 

to be exclusive of one another. Id. 

In this NOPR, DOE is reconsidering 

whether the separate regulatory process 

under 42 U.S.C. 6295(l)(4) precludes 

these lamp types from becoming GSILs, 

and subsequently GSLs. The September 

2019 Withdrawal Rule did not consider 

that other lamps potentially subject to 

standards as GSLs also have statutorily 

prescribed standards, namely, GSILs 

and medium base CFLs. See Section 

321(a)(3) of the Energy Independence 

and Security Act of 2007 (Pub. L. 110– 

140; ‘‘EISA’’); 7 42 U.S.C. 6295(bb). That 

lamps subject to statutory standards are 

also expressly GSLs subject to GSL 

standards indicates that coverage under 

more than one statutory scheme is not 

precluded under the statute. 

Further, upon a review of how 

Congress has amended EPCA, DOE has 

tentatively concluded that standards for 

these exempt lamp types are not to be 

developed only in accordance with 42 

U.S.C. 6295(l)(4)(A). Section 325(l)(4) of 

EPCA requires DOE to ‘‘prescribe an 

energy efficiency standard for rough 

service lamps, vibration service lamps, 

three-way incandescent lamps, 2,601– 

3,300 lumen general service 

incandescent lamps, and shatterresistant lamps in accordance with this 

paragraph.’’ 42 U.S.C. 6295(l)(4)(A). 

Prior to 2012, that provision instead 

required DOE to prescribe standards for 

such lamps ‘‘only in accordance with 

this paragraph.’’ 42 U.S.C. 6295(l)(4)(A) 

(2011) (emphasis added). In 

amendments under the American 

Energy Manufacturing Technical 

Corrections Act, Public Law 112–210, 

§ 10(a)(8), 126 Stat. 1513, 1524 (2012) 

(‘‘AEMTCA’’), Congress removed the 

word ‘‘only,’’ signaling that DOE’s 

obligation to consider discontinuing 

‘‘the exemptions for certain 

incandescent bulbs’’ under 42 U.S.C. 

6295(i)(6)(A)(i)(II) also applies to the 

five tracked lamps. 

With regard to rough service lamps, 

vibration service lamps, three-way 

incandescent lamps, and shatterresistant lamps, as presented in the 

January 2017 Final Rules, DOE 

tentatively concludes that such lamps 

have the potential for use in general 

lighting applications traditionally 

served by GSILs. DOE acknowledges 

that higher wattage three-way 

incandescent lamps may not be able to 

be used in all existing fixtures in which 

lamps currently defined as GSILs are 

used (e.g., A19 shape lamps). However, 

the ability to serve as a lighting 

application traditionally served by 

GSILs is not limited by existing fixtures. 

As discussed, the fixtures used to serve 

general lighting applications may 

change over time, and therefore DOE 

considers whether a lamp can provide 

general illumination as a criterion for 

discontinuing an exemption. Regarding 

the shatter-resistant lamps, such lamps 

are capable of providing overall 

illumination despite the lower lumen 

output resulting from the shatterresistant coating. DOE has also found 

that a 60 W shatter-resistant lamp is still 

a suitable replacement for a 40 W 

standard incandescent lamp. See 82 FR 

7276, 7297. Shatter-resistant lamps are 

similar to rough service and vibration 

service lamps. Whereas rough service 

and vibration service lamps possess a 

filament strengthened with additional 

supports, shatter-resistant lamps possess 

a reinforced outer bulb to contain glass 

pieces in the event that the bulb breaks. 

As stated in the January 2017 Final 

Rules, for all three lamp types, the 

consumer may be under the impression 

that they are purchasing primarily a 

more durable product rather than a 

lamp with subpar performance. Id. 

Furthermore, as provided in the January 

2017 Final Rules, for all three of these 

lamp types, LED versions inherently 

provide the consumer the desired 

functionality in the sense that LED 

lamps do not have metal filaments and 

typically do not use glass outer bulbs. 

Id. 

For these reasons and the basis 

presented in the January 2017 Final 

Rules, DOE proposes to discontinue the 

exemptions for these products. 

D. Other GSLs 

As discussed, the definition of 

‘‘general service lamp’’ includes specific 

categories of lamps, along with ‘‘any 

other lamps that the Secretary 

determines are used to satisfy lighting 

applications traditionally served by 

general service incandescent lamps.’’ 42 

U.S.C. 6291(30)(BB)(i). In the January 

2017 Final Rules, DOE previously 

determined that any other lamps that 

are intended to serve in general lighting 

applications and have specific features 

would meet the statutory criterion of 

lamps used to satisfy lighting 

applications traditionally served by 

GSILs. 82 FR 7276, 7300. 

Although DOE had determined that 

several types of lamps exempted from 

the statutory definition of GSL are used 

to satisfy lighting applications 

traditionally served by general service 

incandescent lamps and therefore 

should be classified as GSLs (82 FR 

7276, 7300–7312), the September 2019 

Withdrawal Rule limited consideration 

of such lamps to only candelabra base 

lamps. Then, with respect to candelabra 

base lamps, the September 2019 

Withdrawal Rule concluded that, as a 

pure matter of law, a candelabra base 

lamp cannot be a GSIL because EPCA 

defines a GSIL, in part, as having a 

medium-screw base. 84 FR 46661, 

46668–46669. The September 2019 

Withdrawal Rule also suggested that 

data submitted by NEMA in response to 

the NOPR to withdraw the January 2017 

Final Rules indicated that shipments of 

candelabra base incandescent lamps had 

been in a continuous decline since 2011 

and there was no evidence of increasing 

shipments. 84 FR 46661, 46669. Because 

sales data is the one explicit factor 

Congress provided in determining 

whether exemptions for certain 

incandescent lamps should be 

maintained or discontinued in 42 U.S.C. 

6295(i)(6)(A)(i)(II), DOE gave this 

manufacturer data considerable weight 

in the September 2019 Withdrawal 

Rule. 84 FR 46661, 46669. 

The September 2019 Withdrawal Rule 

also stated that DOE was no longer 

using ‘‘convenient unregulated 


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8This comment was submitted in response to 

DOE’s proposal in September 2019 to not amend 

standards for GSILs. See docket number EERE– 

2019–BT–STD–0022. 

9 Id. 

alternatives’’ as a basis upon which to 

discontinue exemptions for specialty 

lamp types. 84 FR 46661, 46668. DOE 

explained that this type of consideration 

was not explicitly provided in the 

statute and agreed with commenters that 

such consideration went beyond the 

authority granted DOE by Congress. 84 

FR 46661, 46668–46669. 

Upon further review, the arguments 

presented in the September 2019 

Withdrawal Rule incorrectly describe 

the rationale for including candelabra 

base lamps as GSLs in the January 2017 

Final Rules. The arguments address 

discontinuing an exemption from the 

GSIL definition; however, in the January 

2017 Final Rules, candelabra base lamps 

were determined to be GSLs under the 

provision of the GSL definition that 

includes any other lamps that the 

Secretary determines are used to satisfy 

lighting applications traditionally 

served by general service incandescent 

lamps. 82 FR 7276, 7312; See also 42 

U.S.C. 6291(30)(BB)(i)(IV). Candelabra 

base lamps are not covered under the 

definition of GSILs because they do not 

have a medium screw base (See 42 

U.S.C. 6291(30)(D)(i)(II)), but the 

January 2017 Final Rules did not 

consider candelabra base lamps to be 

GSILs. Instead, such lamps were 

covered as GSLs. 82 FR 7276, 7312. 

DOE has preliminarily reverted to its 

position from the January 2017 Final 

Rules that relevant criteria for 

discontinuing an exemption for an 

incandescent lamp are whether the 

exemption encompasses lamps that can 

provide general illumination and 

whether the exempt lamps can 

functionally be ready substitutes for 

lamps already covered as GSLs. 82 FR 

7276, 7288. It may be appropriate to 

discontinue an exemption even though 

current sales are relatively low, if 

technical characteristics of the 

exempted lamps make them likely to 

serve as ready substitutes for GSLs once 

GSL standards are in place. Further, for 

a lamp to satisfy a lighting application 

traditionally served by general service 

incandescent lamps, the lamp does not 

have to fit into an existing fixture served 

by a lamp currently defined as a GSL. 

As discussed, DOE has evaluated 

whether a lamp is capable of providing 

overall illumination. In the January 

2017 Final Rules, DOE did not limit its 

consideration of an application 

traditionally served by GSIL to the 

ability to replace a lamp in a fixture 

currently used by a consumer that had 

been using a traditional incandescent 

lamp. 82 FR 7276, 7293. DOE noted in 

the January 2017 Final Rules, and 

reaffirms in this proposal, that lighting 

in homes that traditionally was 

provided by A shape lamps in floor and 

table fixtures is being provided in newer 

construction through reflector lamps in 

recessed lighting. Id. DOE expects that 

markets will shift in response to GSL 

standards, and would expect some 

substitution of fixtures to occur as part 

of substituting non-GSL lamps for GSLs. 

While NEMA has cited declining 

shipments as a reason to not 

discontinue an exemption, declining 

shipments do not correlate to a decline 

in the demand for lighting in a 

particular application. NEMA has 

submitted data showing that GSIL 

shipments in 2018 were 17 percent of 

what they were in 2001. NEMA, No. 88 

at p. 23.8 However, DOE does not 

believe that this translates to an 83 

percent decrease in demand for light in 

general lighting applications. It is more 

likely that consumers are switching to 

other products that serve in the same 

application. NEMA stated that it expects 

71 percent of GSL sockets to be 

occupied by LED lamps and 19 percent 

to be occupied by CFLs by the end of 

2021, increasing to 87 percent and 7 

percent respectively by the end of 2023. 

NEMA, No. 88 at p. 4.9 As lamps 

continue to be purchased in general 

lighting applications, the demand for 

light remains; thus, declining 

incandescent lamp shipments is not, on 

its own, an indication that the lamp is 

a specialty product or serves in a 

specialty application. 

DOE has reviewed the definition of 

GSL as set forth in the January 2017 

Final Rules and has preliminarily 

determined that the definition is 

consistent with the best reading of 

EPCA because it implements the 

objectives of the statute. DOE has 

considered all aspects of the GSL 

definition and has preliminarily 

identified the criteria pertinent to lamps 

that serve in general lighting 

applications and also preliminarily 

identified specialty products that 

should be exempt from the definition of 

GSL. Based on the discussion presented 

in this NOPR and that presented in the 

January 2017 Final Rules, DOE proposes 

a definition of GSL as set forth in the 

January 2017 Final Rules, which 

included candelabra base lamps and 

other lamps as GSLs based on the use 

of such lamps to satisfy lighting 

applications traditionally served by 

GSILs. 

DOE is proposing to define ‘‘general 

service lamp’’ as a lamp intended to 

serve in general lighting applications 

and that has the following basic 

characteristics: (1) An ANSI base (with 

the exclusion of light fixtures, LED 

downlight retrofit kits, and exemptions 

for specific base types); (2) a lumen 

output of greater than or equal to 310 

lumens and less than or equal to 3,300 

lumens; (3) an ability to operate at or 

between 12 V, 24 V, 100 to 130 V, 220 

to 240 V, or 277 V; and (4) no 

designation or label for use in nongeneral applications. 

Regarding the fourth criteria, as in the 

January 2017 Final Rules, DOE proposes 

listing in the GSL definition each of the 

non-general applications identified or 

lamps used in such applications in 

order to clearly define the scope of the 

definition. Specifically, DOE proposes 

that ‘‘general service lamp’’ does not 

include: Appliance lamps; black light 

lamps; bug lamps; colored lamps; G 

shape lamps with a diameter of 5 inches 

or more as defined in ANSI C79.1–2002; 

general service fluorescent lamps; high 

intensity discharge lamps; infrared 

lamps; J, JC, JCD, JCS, JCV, JCX, JD, JS, 

and JT shape lamps that do not have 

Edison screw bases; lamps that have a 

wedge base or prefocus base; left-hand 

thread lamps; marine lamps; marine 

signal service lamps; mine service 

lamps; MR shape lamps that have a first 

number symbol equal to 16 (diameter 

equal to 2 inches) as defined in ANSI 

C79.1–2002, operate at 12 volts, and 

have a lumen output greater than or 

equal to 800; other fluorescent lamps; 

plant light lamps; R20 short lamps; 

reflector lamps that have a first number 

symbol less than 16 (diameter less than 

2 inches) as defined in ANSI C79.1– 

2002, and that do not have E26/E24, 

E26d, E26/50x39, E26/53x39, E29/28, 

E29/53x39, E39, E39d, EP39, or EX39 

bases; S shape or G shape lamps that 

have a first number symbol less than or 

equal to 12.5 (diameter less than or 

equal to 1.5625 inches) as defined in 

ANSI C79.1–2002; sign service lamps; 

silver bowl lamps; showcase lamps; 

specialty MR lamps; T-shape lamps that 

have a first number symbol less than or 

equal to 8 (diameter less than or equal 

to 1 inch) as defined in ANSI C79.1– 

2002, nominal overall length less than 

12 inches, and that are not compact 

fluorescent lamps; and traffic signal 

lamps. As discussed in the following 

section, the proposed definition of GSL 

does not maintain the existing 

exemption for IRLs. 

E. Incandescent Reflector Lamps 

In the January 2017 Final Rules, DOE 

found that IRLs are widely used for 

general illumination just as GSILs are. 

82 FR 7322, 7325. DOE continued that, 


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if EPCA mandated that IRLs continue 

being exempt from the definition of 

GSL, then they would present a 

convenient alternative product, subject 

to much less stringent standards than 

GSLs. Id. DOE further found that the 

statute did not unambiguously indicate 

that DOE must maintain the IRL 

exemption. Id. DOE acknowledged that 

the statute exempts IRLs from the 

definition of GSL and separately 

exempts ‘‘reflector lamps’’ from the 

definition of GSL because reflector 

lamps are a bulb shape excluded from 

the GSIL definition. Id. See also 42 

U.S.C. 6291(30)(BB)(ii)(II); 42 U.S.C. 

6291(30)(D)(ii)(XI). However, DOE 

found the reference to ‘‘reflector lamps’’ 

in the GSIL list of exempted lamps to be 

of a narrower scope than IRLs. 82 FR 

7322, 7325–7326. 

Based on its reading of EPCA and the 

listing of ‘‘reflector lamp’’ as a lamp 

exempted from the definition of GSIL 

(42 U.S.C. 6291(30)(D)(ii)(XI)) and the 

exemption of ‘‘incandescent reflector 

lamps’’ from the definition of GSL (42 

U.S.C. 6291(30)(BB)(ii)(II)), DOE 

understands that it had two tasks 

regarding exemptions relevant for these 

lamps: With respect to ‘‘reflector 

lamps,’’ DOE’s task is to assess whether 

as one of the relatively narrow twentytwo listed lamp types—the scope of 

which the statute does not make clear— 

these lamps have uses in general 

illumination, and whether sales data 

and other evidence indicate that such 

lamps are ready substitutes for lamps 

that are already included as GSLs; and 

for IRLs, DOE was required to analyze 

whether, in light of sales data and other 

evidence, such lamps are an important 

enough substitute for lamps already 

included as GSLs to warrant 

discontinuing their exemption. 82 FR 

7322, 7326. DOE determined in both 

instances that the discontinuation of the 

exemption was warranted. 82 FR 7276, 

7293; 82 FR 7322, 7329–7330. 

In the September 2019 Withdrawal 

Rule, DOE stated that, upon additional 

review, DOE understands Congress’s 

express statements in two distinct 

provisions that IRLs are not GSLs 

should be interpreted as meaning that 

Congress intended that DOE not 

consider IRLs to be GSLs. 84 FR 46661, 

46667. DOE noted that it continues to 

have the authority to establish energy 

conservation standards applicable to 

IRLs under separate requirements set by 

Congress in 42 U.S.C. 6295(i)(3). Id. 

Upon further review, DOE is 

reconsidering whether DOE has the 

authority to include IRLs as GSILs and/ 

or GSLs. The September 2019 

Withdrawal Rule concluded that 

because IRLs were twice excluded from 

the statute, once from the GSIL 

definition in 42 U.S.C. 

6291(30)(D)(ii)(XI) and once from the 

GSL definition in 42 U.S.C. 

6291(30)(BB)(ii)(II), that means Congress 

did not want the Secretary to include 

IRLs within the definition of GSL. 84 FR 

46661, 46666. However, the 

authorization in EPCA for the Secretary 

to evaluate whether an exemption is to 

be continued does not limit such an 

evaluation to those lamps exempted by 

definition only once. Therefore, in this 

NOPR, DOE is reviewing its position in 

the September 2019 Withdrawal Rule 

that EPCA precludes consideration of 

the exemption for IRLs simply because 

they were exempted twice. 42 U.S.C. 

6295(i)(6)(A)(i)(II) authorizes DOE to 

decide not to maintain IRLs as exempt 

and, as such, DOE proposes to amend 

the definitions of GSIL and GSL to 

discontinue the exemptions for these 

products. As also presented in the 

January 2017 Final Rules, DOE proposes 

to exempt from the definition of GSL 

reflector lamps that have a first number 

symbol less than 16 (diameter less than 

2 inches) as defined in ANSI C79.1– 

2002 and that do not have E26/24, E26d, 

E26/50x39, E26/53x39, E29/28, E29/ 

53x39, E39, E39d, EP39, or EX39 bases 

because they do not and likely cannot 

have equivalent replacements using 

more efficient technology. 82 FR 7276, 

7310. This is consistent with the 

definitions adopted in the January 2017 

Final Rules. 

F. Supplemental Definitions 

In the January 2017 Final Rules, DOE 

set forth a series of definitions in 

support of the statutory use of the terms 

and the amended definitions for GSL 

and GSIL. Specifically, DOE set forth 

definitions for ‘‘Black light lamp,’’ ‘‘Bug 

lamp,’’ ‘‘Colored lamp,’’ ‘‘General 

service light-emitting diode (LED) 

lamp,’’ ‘‘General service organic 

lighting-emitting diode (OLED) lamp,’’ 

‘‘Infrared lamp,’’ ‘‘Integrated lamp,’’ 

‘‘LED Downlight Retrofit Kit,’’ 

‘‘Lefthand thread lamp,’’ ‘‘Light 

fixture,’’ ‘‘Marine lamp,’’ ‘‘Marine signal 

service lamp,’’ ‘‘Mine service lamp,’’ 

‘‘Nonintegrated lamp,’’ ‘‘Other 

fluorescent lamp,’’ ‘‘Pin base lamp,’’ 

‘‘Plant light lamp,’’ ‘‘Reflector lamp,’’ 

‘‘Showcase Lamp,’’ ‘‘Sign service lamp,’’ 

‘‘Silver bowl lamp,’’ ‘‘Specialty MR 

lamp,’’ and ‘‘Traffic signal lamp.’’ DOE 

also revised the definition of ‘‘designed 

and marketed.’’ 82 FR 7276, 7321–7322. 

In the September 2019 Withdrawal 

Rule, DOE withdrew the supporting 

definitions finding them no longer 

necessary given the withdrawal of the 

amended definitions of GSL and GSIL. 

84 FR 46661, 46662. 

In this NOPR, DOE is proposing 

supporting definitions for those terms as 

set forth in the January 2017 Final 

Rules. DOE notes that the terms for 

which definitions are proposed are used 

both in the statutory definitions of GSL 

and GSIL, and the proposed regulatory 

definitions for GSL and GSIL. As 

presented in the January 2017 Final 

Rules, DOE has based the proposed 

definitions for these supplementary 

terms on a review of the market and 

input from stakeholders. 82 FR 7276, 

7312–7316. As the supporting 

definitions define statutory terms, DOE 

initially finds these definitions 

necessary even in the absence of 

amended GSL and GSIL definitions. 

G. Proposed Effective Date 

For the proposed changes to amend 

the definition of GSL and GSIL in this 

NOPR, DOE is proposing a 60-day 

effective date. If finalized, lamps 

included in these amended definitions 

would be subject to any applicable 

standards for GSLs and GSILs. While 

this notice does not propose any new or 

amended standards or address the 

applicability of the 45 lm/W backstop 

requirement, DOE is reconsidering its 

previous conclusion regarding the 

applicability of EPCA’s 45 lm/W 

backstop provision and has issued an 

RFI to that effect. 86 FR 28001 (May 25, 

2021). In that rulemaking, DOE will 

address application of standards for 

those lamps proposed in this NOPR to 

be GSLs or GSILs—including, if 

determined to be applicable, the 

implementation of the 45 lm/W 

backstop requirement—and, 

consequently, the dates of required 

compliance for GSLs and GSILs. 

DOE requests comment on the 

effective date for the definitions 

proposed in this NOPR were such 

definitions to be made final. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866 

The Office of Information and 

Regulatory Affairs (‘‘OIRA’’) in the 

Office of Management and Budget 

(‘‘OMB’’) waived Executive Order 12866 

(‘‘E.O.’’) 12866, ‘‘Regulatory Planning 

and Review’’ review of this rule. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996) requires 

preparation of an initial regulatory 

flexibility analysis (‘‘IRFA’’) for any rule 


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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. A 

regulatory flexibility analysis examines 

the impact of the rule on small entities 

and considers alternative ways of 

reducing negative effects. Also, as 

required by E.O. 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(Aug. 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 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s website (https://energy.gov/ 

gc/office-general-counsel). 

DOE reviewed the definitions of GSL, 

GSILs, and related terms proposed in 

this NOPR under the provisions of the 

Regulatory Flexibility Act and the 

procedures and policies published on 

February 19, 2003. DOE certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

DOE notes that this proposed rule 

would merely define what constitutes a 

GSL and GSIL. Manufacturers of GSLs 

and GSILs are required to use DOE’s test 

procedures to make representations and 

certify compliance with standards, if 

required. The test procedure 

rulemakings for CFLs, integrated LED 

lamps, and other GSLs addressed 

impacts on small businesses due to test 

procedure requirements. 81 FR 59386 

(Aug. 29, 2016); 81 FR 43404 (July 1, 

2016); 81 FR 72493 (Oct. 20, 2016). 

Further, as noted, DOE is considering 

EPCA’s 45 lm/W backstop requirement 

for GSLs and has issued an RFI to that 

effect. 86 FR 28001. In that rulemaking, 

DOE plans to address the impact on 

small business manufacturers of GSLs 

and GSILs of implementing the 

backstop. 

For this reason, DOE concludes and 

certifies that the proposed definitions 

would not have a significant economic 

impact on a substantial number of small 

entities, and the preparation of an IRFA 

is not warranted. 

C. Review Under the Paperwork 

Reduction Act 

Manufacturers of GSLs must certify to 

DOE that their products comply with 

any applicable energy conservation 

standards. In certifying compliance, 

manufacturers must test their products 

according to the DOE test procedures for 

GSLs and GSILs, 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. 76 FR 12422 

(Mar. 7, 2011); 80 FR 5099 (Jan. 30, 

2015). 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 

DOE is analyzing this proposed 

regulation in accordance with the 

National Environmental Policy Act 

(‘‘NEPA’’) and DOE’s NEPA 

implementing regulations (10 CFR part 

1021). DOE’s regulations include a 

categorical exclusion for rulemakings 

interpreting or amending an existing 

rule or regulation that does not change 

the environmental effect of the rule or 

regulation being amended. 10 CFR part 

1021, subpart D, appendix A5. DOE 

anticipates that this proposed 

rulemaking qualifies for categorical 

exclusion A5 because it is an 

interpretive rulemaking that does not 

change the environmental effect of the 

rule and otherwise meets the 

requirements for application of a 

categorical exclusion. See 10 CFR 

1021.410. DOE will complete its NEPA 

review before issuing the final rule. 

E. Review Under Executive Order 13132 

E.O. 13132, ‘‘Federalism,’’ 64 FR 

43255 (Aug. 10, 1999), imposes certain 

requirements on Federal 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 

tentatively 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. 

Therefore, no further action is required 

by Executive Order 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, Section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform,’’ 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. 61 FR 4729 (Feb. 7, 1996). 

Regarding that Section 3(a) review, 

section 3(b) of E.O. 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 Section 3(a) and Section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed rule meets the relevant 

standards of E.O. 12988. 


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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, 

section 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 them. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820. DOE’s policy statement is also 

available at https://energy.gov/sites/ 

prod/files/gcprod/documents/umra_

97.pdf. 

This proposed rulemaking does not 

contain a Federal intergovernmental 

mandate, nor is it expected to require 

expenditures of $100 million or more in 

any one year by the private sector. As 

a result, the analytical requirements of 

UMRA 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 rulemaking 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 

Pursuant to E.O. 12630, ‘‘Governmental Actions and Interference with 

Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (Mar. 15, 1988), 

DOE has determined that this proposed 

rule would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the 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 Federal agencies to review most 

disseminations of information to the 

public under information quality 

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%20

Guidelines%20Dec%202019.pdf. DOE 

has reviewed this NOPR 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 

E.O. 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 OIRA at 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 promulgates 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 

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. 

DOE has tentatively concluded that 

this regulatory action, which proposes 

amended definitions for GSL and GSIL, 

is not a significant energy action 

because the proposed definitions are not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. Accordingly, DOE has not 

prepared a Statement of Energy Effects 

on this proposed rule. 

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. This proposal to amend 

the definitions of GSL and GSIL does 

not propose the use of any commercial 

standards. 

M. Materials Incorporated by Reference 

The proposed modifications to the 

definition of ‘‘general service lamp’’ and 

the associated supporting definitions 

reference the following commercial 

standards that are already incorporated 

by reference in 10 CFR 430.2: 

(1) ANSI C78.20–2003, Revision of 

ANSI C78.20–1995 (‘‘ANSI C78.20’’), 

American National Standard for electric 

lamps—A, G, PS, and Similar Shapes 

with E26 Medium Screw Bases, 

approved October 30, 2003. 

(2) ANSI C79.1–2002, American 

National Standard for Electric Lamps— 

Nomenclature for Glass Bulbs Intended 

for Use with Electric Lamps, approved 

September 16, 2002. 

(3) CIE 13.3–1995 (‘‘CIE 13.3’’), 

Technical Report: Method of Measuring 

and Specifying Colour Rendering 

Properties of Light Sources, 1995, ISBN 

3 900 734 57 7. 

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., that they 

were 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 

adopting a final rule. 


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V. Public Participation 

A. Attendance at 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: https://

www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=4 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 notice, or who 

is a representative of a group or class of 

persons that has an interest in these 

issues, may request an opportunity to 

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. 

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. 

antitrust 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 

proposed rulemaking. 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 before or after the public meeting, 

but no later than the date provided in 

the DATES section at the beginning of 

this proposed rule. Interested parties 

may submit comments, data, and other 

information 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 itself 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. 

Otherwise, 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 in 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 

telefacsimiles (‘‘faxes’’) will be 

accepted. 

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, that are written in English, and 

that are 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. 


lotter on DSK11XQN23PROD with PROPOSALS1
46624 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules 

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). 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notice of proposed 

rulemaking. 

List of Subjects in 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 August 9, 2021, 

by Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

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 August 10, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the 

preamble, DOE proposes to amend part 

430 of chapter II, subchapter D, of title 

10 of the Code of Federal Regulations, 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.2 is amended by: 

■ a. Adding in alphabetical order the 

definitions of ‘‘Black light lamp,’’ ‘‘Bug 

lamp,’’ ‘‘Colored lamp,’’ ‘‘General 

service light-emitting diode (LED) 

lamp,’’ ‘‘General service organic 

lighting-emitting diode (OLED) lamp,’’ 

‘‘Infrared lamp,’’ ‘‘Integrated lamp,’’ 

‘‘LED Downlight Retrofit Kit,’’ ‘‘Lefthand thread lamp,’’ ‘‘Light fixture,’’ 

‘‘Marine lamp,’’ ‘‘Marine signal service 

lamp,’’ ‘‘Mine service lamp,’’ ‘‘Nonintegrated lamp,’’ ‘‘Other fluorescent 

lamp,’’ ‘‘Pin base lamp,’’ ‘‘Plant light 

lamp,’’ ‘‘Reflector lamp,’’ ‘‘Showcase 

Lamp,’’ ‘‘Sign service lamp,’’ ‘‘Silver 

bowl lamp,’’ ‘‘Specialty MR lamp,’’ and 

‘‘Traffic signal lamp;’’ and 

■ b. Revising the definitions of 

‘‘Designed and marketed,’’ ‘‘General 

service incandescent lamp,’’ and 

‘‘General service lamp.’’ 

The additions and revisions read as 

follows: 

§ 430.2 Definitions. 

* * * * * 

Black light lamp means a lamp that is 

designed and marketed as a black light 

lamp and is an ultraviolet lamp with the 

highest radiant power peaks in the UV– 

A band (315 to 400 nm) of the 

electromagnetic spectrum. 

* * * * * 

Bug lamp means a lamp that is 

designed and marketed as a bug lamp, 

has radiant power peaks above 550 nm 

on the electromagnetic spectrum, and 

has a visible yellow coating. 

* * * * * 

Colored lamp means a colored 

fluorescent lamp, a colored 

incandescent lamp, or a lamp designed 

and marketed as a colored lamp with 

either of the following characteristics (if 

multiple modes of operation are 

possible [such as variable CCT], either 

of the below characteristics must be 

maintained throughout all modes of 

operation): 

(1) A CRI less than 40, as determined 

according to the method set forth in CIE 

Publication 13.3 (incorporated by 

reference; see § 430.3); or 

(2) A CCT less than 2,500 K or greater 

than 7,000 K. 

* * * * * 

Designed and marketed means 

exclusively designed to fulfill the 

indicated application and, when 

distributed in commerce, designated 

and marketed solely for that application, 

with the designation prominently 

displayed on the packaging and all 

publicly available documents (e.g., 

product literature, catalogs, and 

packaging labels). This definition 

applies to the following covered lighting 

products: Fluorescent lamp ballasts; 

fluorescent lamps; general service 

fluorescent lamps; general service 

incandescent lamps; general service 

lamps; incandescent lamps; 

incandescent reflector lamps; compact 

fluorescent lamps (including medium 

base compact fluorescent lamps); LED 

lamps; and specialty application 

mercury vapor lamp ballasts. 

* * * * * 

General service incandescent lamp 

means a standard incandescent or 

halogen type lamp that is intended for 

general service applications; has a 

medium screw base; has a lumen range 

of not less than 310 lumens and not 

more than 2,600 lumens or, in the case 

of a modified spectrum lamp, not less 

than 232 lumens and not more than 

1,950 lumens; and is capable of being 

operated at a voltage range at least 

partially within 110 and 130 volts; 

however, this definition does not apply 

to the following incandescent lamps— 

(1) An appliance lamp; 

(2) A black light lamp; 

(3) A bug lamp; 

(4) A colored lamp; 

(5) A G shape lamp with a diameter 

of 5 inches or more as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3); 

(6) An infrared lamp; 

(7) A left-hand thread lamp; 

(8) A marine lamp; 

(9) A marine signal service lamp; 

(10) A mine service lamp; 

(11) A plant light lamp; 

(12) An R20 short lamp; 

(13) A sign service lamp; 

(14) A silver bowl lamp; 

(15) A showcase lamp; and 

(16) A traffic signal lamp. 

General service lamp means a lamp 

that has an ANSI base; is able to operate 

at a voltage of 12 volts or 24 volts, at or 

between 100 to 130 volts, at or between 


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220 to 240 volts, or of 277 volts for 

integrated lamps (as defined in this 

section), or is able to operate at any 

voltage for non-integrated lamps (as 

defined in this section); has an initial 

lumen output of greater than or equal to 

310 lumens (or 232 lumens for modified 

spectrum general service incandescent 

lamps) and less than or equal to 3,300 

lumens; is not a light fixture; is not an 

LED downlight retrofit kit; and is used 

in general lighting applications. General 

service lamps include, but are not 

limited to, general service incandescent 

lamps, compact fluorescent lamps, 

general service light-emitting diode 

lamps, and general service organic light 

emitting diode lamps. General service 

lamps do not include: 

(1) Appliance lamps; 

(2) Black light lamps; 

(3) Bug lamps; 

(4) Colored lamps; 

(5) G shape lamps with a diameter of 

5 inches or more as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3); 

(6) General service fluorescent lamps; 

(7) High intensity discharge lamps; 

(8) Infrared lamps; 

(9) J, JC, JCD, JCS, JCV, JCX, JD, JS, 

and JT shape lamps that do not have 

Edison screw bases; 

(10) Lamps that have a wedge base or 

prefocus base; 

(11) Left-hand thread lamps; 

(12) Marine lamps; 

(13) Marine signal service lamps; 

(14) Mine service lamps; 

(15) MR shape lamps that have a first 

number symbol equal to 16 (diameter 

equal to 2 inches) as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3), operate at 12 volts, and 

have a lumen output greater than or 

equal to 800; 

(16) Other fluorescent lamps; 

(17) Plant light lamps; 

(18) R20 short lamps; 

(19) Reflector lamps (as defined in 

this section) that have a first number 

symbol less than 16 (diameter less than 

2 inches) as defined in ANSI C79.1– 

2002 (incorporated by reference; see 

§ 430.3) and that do not have E26/E24, 

E26d, E26/50x39, E26/53x39, E29/28, 

E29/53x39, E39, E39d, EP39, or EX39 

bases; 

(20) S shape or G shape lamps that 

have a first number symbol less than or 

equal to 12.5 (diameter less than or 

equal to 1.5625 inches) as defined in 

ANSI C79.1–2002 (incorporated by 

reference; see § 430.3); 

(21) Sign service lamps; 

(22) Silver bowl lamps; 

(23) Showcase lamps; 

(24) Specialty MR lamps; 

(25) T-shape lamps that have a first 

number symbol less than or equal to 8 

(diameter less than or equal to 1 inch) 

as defined in ANSI C79.1–2002 

(incorporated by reference; see § 430.3), 

nominal overall length less than 12 

inches, and that are not compact 

fluorescent lamps (as defined in this 

section); 

(26) Traffic signal lamps. 

General service light-emitting diode 

(LED) lamp means an integrated or 

nonintegrated LED lamp designed for 

use in general lighting applications (as 

defined in this section) and that uses 

light emitting diodes as the primary 

source of light. 

General service organic light-emitting 

diode (OLED) lamp means an integrated 

or non-integrated OLED lamp designed 

for use in general lighting applications 

(as defined in this section) and that uses 

organic light-emitting diodes as the 

primary source of light. 

* * * * * 

Infrared lamp means a lamp that is 

designed and marketed as an infrared 

lamp; has its highest radiant power 

peaks in the infrared region of the 

electromagnetic spectrum (770 nm to 1 

mm); has a rated wattage of 125 watts 

or greater; and which has a primary 

purpose of providing heat. 

* * * * * 

Integrated lamp means a lamp that 

contains all components necessary for 

the starting and stable operation of the 

lamp, does not include any replaceable 

or interchangeable parts, and is 

connected directly to a branch circuit 

through an ANSI base and 

corresponding ANSI standard 

lampholder (socket). 

* * * * * 

LED Downlight Retrofit Kit means a 

product designed and marketed to 

install into an existing downlight, 

replacing the existing light source and 

related electrical components, typically 

employing an ANSI standard lamp base, 

either integrated or connected to the 

downlight retrofit by wire leads, and is 

a retrofit kit. LED downlight retrofit kit 

does not include integrated lamps or 

non-integrated lamps. 

Left-hand thread lamp means a lamp 

with direction of threads on the lamp 

base oriented in the left-hand direction. 

* * * * * 

Light fixture means a complete 

lighting unit consisting of light source(s) 

and ballast(s) or driver(s) (when 

applicable) together with the parts 

designed to distribute the light, to 

position and protect the light source, 

and to connect the light source(s) to the 

power supply. 

* * * * * 

Marine lamp means a lamp that is 

designed and marketed for use on boats 

and can operate at or between 12 volts 

and 13.5 volts. 

Marine signal service lamp means a 

lamp that is designed and marketed for 

marine signal service applications. 

* * * * * 

Mine service lamp means a lamp that 

is designed and marketed for mine 

service applications. 

* * * * * 

Non-integrated lamp means a lamp 

that is not an integrated lamp. 

* * * * * 

Other fluorescent lamp means low 

pressure mercury electric-discharge 

sources in which a fluorescing coating 

transforms some of the ultraviolet 

energy generated by the mercury 

discharge into light and include circline 

lamps and include double-ended lamps 

with the following characteristics: 

Lengths from one to eight feet; designed 

for cold temperature applications; 

designed for use in reprographic 

equipment; designed to produce 

radiation in the ultraviolet region of the 

spectrum; impact-resistant; reflectorized 

or aperture; or a CRI of 87 or greater. 

* * * * * 

Pin base lamp means a lamp that uses 

a base type designated as a single pin 

base or multiple pin base system. 

* * * * * 

Plant light lamp means a lamp that is 

designed to promote plant growth by 

emitting its highest radiant power peaks 

in the regions of the electromagnetic 

spectrum that promote photosynthesis: 

Blue (440 nm to 490 nm) and/or red 

(620 to 740 nm), and is designed and 

marketed for plant growing 

applications. 

* * * * * 

Reflector lamp means a lamp that has 

an R, PAR, BPAR, BR, ER, MR, or 

similar bulb shape as defined in ANSI 

C78.20 and ANSI C79.1–2002 (both 

incorporated by reference; see § 430.3) 

and is used to provide directional light. 

* * * * * 

Showcase lamp means a lamp that has 

a T shape as specified in ANSI C78.20 

and ANSI C79.1–2002 (both 

incorporated by reference; see § 430.3), 

is designed and marketed as a showcase 

lamp, and has a maximum rated wattage 

of 75 watts. 

* * * * * 

Sign service lamp means a vacuum 

type or gas-filled lamp that has 

sufficiently low bulb temperature to 

permit exposed outdoor use on 

highspeed flashing circuits, is designed 

and marketed as a sign service lamp, 

and has a maximum rated wattage of 15 

watts. 

Silver bowl lamp means a lamp that 

has an opaque reflective coating applied 


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46626 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules 

directly to part of the bulb surface that 

reflects light toward the lamp base and 

that is designed and marketed as a silver 

bowl lamp. 

* * * * * 

Specialty MR lamp means a lamp that 

has an MR shape as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3), a diameter of less than or 

equal to 2.25 inches, a lifetime of less 

than or equal to 300 hours, and that is 

designed and marketed for a specialty 

application. 

* * * * * 

Traffic signal lamp means a lamp that 

is designed and marketed for traffic 

signal applications and has a lifetime of 

8,000 hours or greater. 

* * * * * 

[FR Doc. 2021–17346 Filed 8–18–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0682; Project 

Identifier MCAI–2021–00474–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus SAS Model A318 series 

airplanes; Model A319–111, –112, –113, 

–114, –115, –131, –132, –133, –151N, 

and –153N airplanes; and Models A320 

and A321 series airplanes. This 

proposed AD was prompted by a 

determination that new or more 

restrictive airworthiness limitations are 

necessary. This proposed AD would 

require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

proposed for incorporation by reference. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. 

DATES: The FAA must receive comments 

on this proposed AD by October 4, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For material that will be incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

You may view this IBR material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0682. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0682; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this NPRM, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3223; email 

sanjay.ralhan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0682; Project Identifier 

MCAI–2021–00474–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposed 

AD. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Sanjay Ralhan, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3223; email sanjay.ralhan@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0108, 

dated April 20, 2021 (EASA AD 2021– 

0108) (also referred to as the Mandatory 

Continuing Airworthiness Information, 

or the MCAI), to correct an unsafe 

condition for all Airbus SAS Model 

A318–111, –112, –121, and –122 

airplanes; Model A319–111, –112, –113, 

–114, –115, –131, –132, –133, –151N, 

and –153N airplanes; Model A320–211, 

–212, –214, –215, –216, –231, –232, 

–233, –251N, –252N, –253N, –271N, 

–272N, and –273N airplanes; and Model 

A321–111, –112, –131, –211, –212, 

–213, –231, –232, –251N, –252N, 

–253N, –271N, –272N, –251NX, 

–252NX, –253NX, –271NX, and –272NX 

airplanes. Model A320–215 airplanes 

are not certificated by the FAA and are 


lotter on DSK11XQN23PROD with PROPOSALS1