[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27461-27482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09480]


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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: Final rule.

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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. (``January 2017 Final Rules''). 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, on August 19, 2021, DOE published a 
notice of proposed rulemaking (``NOPR'') proposing to amend the 
definitions of GSL, GSIL and the other supplemental definitions as 
previously set forth in the January 2017 Final Rules. DOE responds to 
comments received on the NOPR in this final rule and adopts the 
definitions of GSL and GSIL and the associated supplemental definitions 
set forth in the January 2017 Final Rules as proposed in the NOPR.

DATES: The effective date of this rule is July 8, 2022. The 
incorporation by reference of other material listed in this rulemaking 
was approved by the Director of the Federal Register on March 23, 2009.

ADDRESSES: The docket for this rulemaking, which includes Federal 
Register notices, public meeting attendee lists and transcripts, 
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/docket/EERE-2021-BT-STD-0012. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: <a href="/cdn-cgi/l/email-protection#8bcafbfbe7e2eae5e8eed8ffeae5efeaf9eff8dafeeef8ffe2e4e5f8cbeeeea5efe4eea5ece4fd"><span class="__cf_email__" data-cfemail="d392a3a3bfbab2bdb0b680a7b2bdb7b2a1b7a082a6b6a0a7babcbda093b6b6fdb7bcb6fdb4bca5">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#377647475b5e5659545264435659535645534466425244435e5859447752521953585219505841"><span class="__cf_email__" data-cfemail="ecad9c9c80858d828f89bf988d82888d9e889fbd99899f988583829fac8989c2888389c28b839a">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#87c4e2ebeee6a9d4efe2f5c7eff6a9e3e8e2a9e0e8f1"><span class="__cf_email__" data-cfemail="a9eaccc5c0c887fac1ccdbe9c1d887cdc6cc87cec6df">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Synopsis of the Final Rule
II. Introduction
    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
    E. August 2021 Notice of Proposed Rule
III. General Discussion
    A. September 2019 Withdrawal Rule
    B. Reflector Lamps
    C. Consumer Choice, Health Impacts
    D. Potential Revisions to the Proposed Definitions
    1. Lumens
    2. Base Type and Voltage
    3. Color Tunable Lamps
    E. Market Share, Cost Savings, Energy Savings, and Emission 
Reductions
    1. Market Share
    2. Consumer Costs, Energy Savings, Emission Reductions
    F. State Preemption
    G. Effective Date
    1. GSL Definitions Effective Date
    2. GSL Backstop Effective Date
    H. Analysis
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    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

[[Page 27462]]

    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. Description of Materials Incorporated by Reference
    N. Congressional Notification
V. Approval of the Office of the Secretary

I. Synopsis of the Final Rule

    In this final rule, DOE adopts its proposal in the NOPR to amend 
the current definitions of GSL and GSIL to be defined as previously set 
forth in the January 2017 Final Rules. See 82 FR 7276; 82 FR 7322. DOE 
has determined that the definitions are consistent with the 
congressional direction provided in the Energy Policy and Conservation 
Act (``EPCA'') and further the purposes set forth in EPCA, as well as 
in 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). Additionally, as proposed in the NOPR, DOE adopts 
the supplemental definitions established in the January 2017 Final 
Rules, which relate to the definitions of GSL and GSIL. DOE is not 
determining whether standards for GSLs, including GSILs, should be 
amended in this rule. Rather, DOE is establishing the scope of lamps to 
be considered in such a determination.

II. Introduction

    Amendments to 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 adopted in this final rule.

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 B \2\ 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.
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    \1\ All 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).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    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).
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    \3\ The statutory definition of ``general service incandescent 
lamp'' in EPCA 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 shatter-protected 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). These are the 
``exemptions'' from the statutory definition, some of which are 
``discontinued'' by this rule, in accordance with 42 U.S.C. 
6295(i)(6)(A)(i).
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    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 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 (``NOPR'') 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

[[Page 27463]]

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\
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    \4\ See Consolidated Appropriations Act of 2017 (Pub. L. 115-31, 
div. D, tit. III); see also Consolidated Appropriations Act, 2018 
(Pub. L. 115-141).
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C. January 2017 Final Rules

    On January 19, 2017, DOE published the January 2017 Final Rules 
concerning the definitions of GSL, GSIL, and related terms. 82 FR 7276; 
82 FR 7322. 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, including IRLs. See 
82 FR 7312; 82 FR 7323. The January 2017 Final Rules related 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). The discontinuation 
of the exemption would render the lamp a GSIL (and therefore also a 
GSL), to the extent it would otherwise qualify as a GSIL. 82 FR 7277. 
DOE also considered whether other lamps should be included in the 
definition of GSL. 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 45 lm/W 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. The 
definitions will herein be referred to as the ``January 2017 
Definitions.''

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 decision-making 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 re-assessed 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 (``February 2019 Withdrawal NOPR''). 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 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; T-shape 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. Although these additional issues concern DOE's regulation 
of lamps, they 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 E.O. 13990. 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,

[[Page 27464]]

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 determines that DOE's interpretation in this final 
rule is the best reading of the statute.

E. August 2021 Notice of Proposed Rule

    On August 19, 2021, DOE published a NOPR that proposed to amend the 
definitions of GSL and GSIL as previously set forth in the January 2017 
Final Rules. (``August 2021 NOPR''). 86 FR 46611. DOE received 17 
written comments in response to the August 2021 NOPR from the 
interested parties listed in Table II.1.

              Table II.1--August 2021 NOPR Written Comments
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          Commenter(s)               Abbreviation       Commenter type
------------------------------------------------------------------------
Anonymous.......................  Anonymous.........  Private Citizen.
Anonymous.......................  Anonymous.........  Private Citizen.
Anonymous.......................  Anonymous.........  Private Citizen.
Anonymous.......................  Anonymous.........  Private Citizen.
Northwest Power and Conservation  NPCC..............  Interstate Compact
 Council.                                              Agency.
National Association of State     NASEO.............  State Government
 Energy Officials.                                     Officials.
National Electrical               NEMA..............  Industry
 Manufacturers Association.                            Association.
New York State Energy Research    NYSERDA...........  Efficiency
 and Development Authority.                            Organization.
Attorneys General of New York,    AGs...............  State Government
 California, Colorado, Illinois,                       Officials.
 Maine, Maryland, Michigan,
 Minnesota, Nevada, New Jersey,
 New Mexico, Oregon, Vermont,
 Washington, The Commonwealth of
 Massachusetts, The District of
 Columbia, and The City of New
 York.
Lutron Electronics Co., Inc.....  Lutron............  Manufacturer.
State of Washington Department    State of            State Government
 of Commerce.                      Washington DOC.     Agency.
GE Lighting, a Savant Company...  GE Lighting.......  Manufacturer.
California Energy Commission....  CEC...............  State Government
                                                       Agency.
Consumer Federation of America,   The Joint Comment.  Consumer Advocacy
 National Consumer Law Center,                         Organizations.
 Alliance for Affordable Energy,
 Consumer Action, Citizens
 Action Coalition of IN,
 Consumer Federation of
 California, Columbia Consumer
 Education Council, Pennsylvania
 Utility Law Project, TURN-The
 Utility Reform Network, Public
 Utility Law Project of New
 York, Virginia Citizens
 Consumer Council.
California Investor-Owned         CA IOUs...........  Utility.
 Utilities.
Sierra Club, Natural Resources    SC, NRDC, and EJ..  Environmental Non-
 Defense Council, Earthjustice.                        Profit
                                                       Organizations.
Appliance Standards Awareness     ASAP..............  Efficiency
 Project.                                              Organization.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\
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    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
definitions for general service lamps. (Docket No. EERE-2021-BT-STD-
0012, which is maintained at www.regulations.gov). The references 
are arranged as follows: (Commenter name, comment docket ID number 
at page of that document).
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III. General Discussion

    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 specified by EPCA, GSLs do 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 22 lamp types.\6\ 42 U.S.C. 6291(30)(D)(ii).
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    \6\ These are: 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 shatter-
protected lamp); a sign service lamp; a silver bowl lamp; a showcase 
lamp; a three-way incandescent lamp; 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, DOE defined 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 non-integrated 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 
7276, 7312. General service lamps included, but were not limited to, 
general service incandescent lamps, compact fluorescent lamps, general 
service light-emitting diode lamps, and general service organic light-
emitting diode lamps. 82 FR 7276, 7321.
    Further in the January 2017 Final Rules, DOE defined GSLs to 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

[[Page 27465]]

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.
    As noted in the September 2019 Withdrawal Rule, these definitions 
were subsequently withdrawn (see section II.D of this document). In the 
August 2021 NOPR, DOE proposed to amend the definitions of general 
service lamp and general service incandescent lamp. DOE proposed to 
define a general service lamp as 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 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 included, but were 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 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 (incorporated by reference; see 10 CFR 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 10 CFR 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 10 CFR 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 10 CFR 
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 10 CFR 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.
    See 86 FR 46611, 46624-46625.
    Similarly, DOE proposed to define a general service incandescent 
lamp 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; however, this 
definition did 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 10 CFR 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.
    See 86 FR 46611, 46624.
    The proposed definitions of GSL and GSIL in the August 2021 NOPR 
were the same as those specified in the January 2017 Final Rules (i.e., 
the January 2017 Definitions). For the definition of GSL, in the August 
2021 NOPR, DOE proposed additional detail to the statutory definition 
by specifying the base type, lumens, and voltages of GSLs. DOE also 
proposed to remove the exemptions for certain incandescent lamps that 
are used to satisfy lighting applications traditionally served by GSILs 
and include those lamps in the definition of GSIL and GSL. DOE 
preliminarily determined these are lamps that can serve in general 
lighting applications and provide an interior or exterior area with 
overall illumination. DOE explained that it 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. 86 FR 46611, 
46616.
    As proposed in the August 2021 NOPR, the GSL and GSIL definitions 
explicitly include not only A-shaped or pear-shaped light bulbs but 
also the smaller, decorative shaped light bulbs resembling a candle, 
bullet or globe and often used in chandeliers, desk lamps,

[[Page 27466]]

ornamental wall lights, etc. Additionally, the proposed definitions 
include reflector shaped light bulbs that have a cone-like shape with 
an inner reflective coating that directs light and are often used in 
recessed light fixtures (e.g., lights within the ceiling). Based on 
estimates from DOE's 2015 Lighting Market Characterization Report, the 
proposed definitions increase the number of lamps defined as GSL from 
3.8 billion lamps to 5.8 billion lamps.\7\
---------------------------------------------------------------------------

    \7\ Navigant Consulting, Inc. 2015 U.S. Lighting Market 
Characterization (No. DOE/EE-1719). U.S. Department of Energy, 
Washington, DC.
---------------------------------------------------------------------------

    The following discussion addresses issues raised by commenters on 
the proposal in the August 2021 NOPR to adopt the aforementioned 
definitions of GSL and GSIL as set forth in the January 2017 Final 
Rules. In general, the NPCC, NASEO, NYSERDA, the AGs, State of 
Washington DOC, CEC, Joint Comment, CA IOUs, ASAP, and SC, NRDC, and EJ 
all stated support for the proposed GSL definitions; while NEMA, GE 
Lighting, and Lutron suggested changes to the proposed definitions. 
(NPCC, No. 5 at p. 2; NASEO, No. 8 at p. 1; NYSERDA, No. 10 at p. 1; 
AGs, No. 11 at pp. 1-2; State of Washington DOC, No. 13 at pp. 1-2; 
CEC, No. 15 at pp. 2-3; Joint Comment, No. 16 at p. 1; CA IOUs, No. 17 
at p. 1; ASAP, No. 19 at pp. 1-2; SC, NRDC, and EJ, No. 18 at pp. 1-2; 
NEMA, No. 9 at pp. 7-9; GE Lighting, No. 14 at pp. 3-4; Lutron, No. 12 
at pp. 3-5).

A. September 2019 Withdrawal Rule

    DOE received several comments on the August 2021 NOPR regarding the 
September 2019 Withdrawal Rule. This rule withdrew the GSL and GSIL 
definitions established by the January 2017 Final Rules. The CEC stated 
that DOE's purported withdrawal of the January 2017 Final Rules was 
unlawful and unlawfully amended the minimum standard for many lamp 
types to their previous less efficient levels. The CEC stated that in 
its effort to undo the January 2017 Final Rules, DOE failed to provide 
sufficient reasoning for its changed legal interpretation and failed to 
give statutory meaning to EPCA's GSL and GSIL provisions. (CEC, No. 15 
at pp. 2-3)
    The SC, NRDC, and EJ asserted that the fundamental flaw of the 
September 2019 Withdrawal Rule, which they believe provides grounds for 
its immediate revocation, is its violation of EPCA's anti-backsliding 
provision. The SC, NRDC, and EJ stated that had DOE not issued the 
September 2019 Withdrawal Rule, the standard that would have applied to 
the lamps exempted in that rule would have been 45 lm/W on January 1, 
2020. Because DOE issued the September 2019 Withdrawal Rule, SC, NRDC, 
and EJ asserted that the standard applicable to those lamps is either 
(1) no standard at all, or (2) a standard requiring a lower level of 
energy efficiency. The SC, NRDC, and EJ stated that DOE made a policy 
judgment in a separate rulemaking, applicable to this scenario, that 
``nominally characterizing a regulatory change in the energy 
conservation standards applicable to a covered product as something 
other than an amendment'' is inconsistent with EPCA.\8\ The AGs 
referenced and attached their May 3, 2019 comments written in response 
to the February 2019 Withdrawal NOPR, in which they stated that DOE's 
planned action to repeal the January 2017 Definitions would be 
unlawful; violated EPCA's anti-backsliding provision (see 42 U.S.C. 
6295(o)(1)); and lacked any statutory basis for exempting the bulbs at 
issue from existing efficiency standards. The AGs stated that a 
petition for review of the September 2019 Withdrawal Rule was filed 
(New York v. DOE, No. 19-3652 (2d Cir. 2019)) in 2019, which is now in 
abeyance pending DOE's current reconsideration of the withdrawal under 
Executive Order 13990. (AGs, No. 11 at pp. 1-2; CEC, No. 15 at pp. 2-3; 
SC, NRDC, and EJ, No. 18 at pp. 1-2)
---------------------------------------------------------------------------

    \8\ See Notice of Proposed Rulemaking for Residential 
Dishwashers, Residential Clothes Washers, and Consumer Clothes 
Dryers published August 11, 2021. 86 FR 43970.
---------------------------------------------------------------------------

    Additionally, the AGs, CEC, and SC, NRDC, and EJ agreed with DOE's 
tentative conclusion that DOE, in the September 2019 Withdrawal Rule, 
incorrectly interpreted that it could not exercise its authority to 
remove exemptions for certain incandescent lamps that are not used in 
general lighting applications. The AGs stated that neither EPCA's 
separate regulatory process under 42 U.S.C. 6295(l)(4) nor its 
exclusions under 42 U.S.C. 6291(30)(D)(ii)(XI) and 42 U.S.C. 
6291(30)(BB)(ii)(II) for certain lamps precludes DOE from defining them 
as GSLs. (AGs, No. 11 at pp. 1-2) The NPCC and CEC added that under 
EPCA, DOE has the authority to adjust the scope of GSLs and determine 
whether exemptions for certain incandescent lamps should be 
discontinued or maintained. (NPCC, No. 5 at p. 2; CEC, No. 15 at pp. 2-
3)
    EPCA directs DOE to amend the statutory definitions of GSL and GSIL 
by regulation to achieve the energy savings for general lighting that 
Congress intended in EPCA generally and EISA specifically. 42 U.S.C. 
6295(i)(6)(A)(i)(II) and 42 U.S.C. 6291(30)(BB)(i)(IV). By withdrawing 
the expanded definitions of GSL and GSIL in the September 2019 
Withdrawal Rule, DOE failed to give meaningful effect to this statutory 
direction. As noted in the August 2021 NOPR, DOE was wrong to conclude 
in the September 2019 Withdrawal Rule that ``maintaining the existing 
statutory exemptions for the 22 categories of lamps excluded from the 
definition of GSL is the best reading of the statute.'' 84 FR 46666, 86 
FR 46617. DOE's authority under 42 U.S.C. 6291(30)(BB)(i)(IV) to 
include within the definition of GSL ``any other lamps that [it] 
determines are used to satisfy lighting applications traditionally 
served by general service incandescent lamps'' empowers the agency to 
include categories of lamps that would otherwise be excluded under 42 
U.S.C. 6291(30)(BB)(ii). And DOE's authority under 42 U.S.C. 
6295(i)(6)(A)(i)(II) empowers the agency to discontinue any of the 
exemptions from the definition of GSIL set out in 42 U.S.C. 
6291(30)(D)(ii). DOE's basis for discontinuing certain of the 
exemptions as discussed in the August 2021 NOPR and presented in the 
January 2017 Final Rules is the best implementation of the statute 
because it properly considers the statute as a whole and considers 
whether such lamps have the potential for use in general lighting 
applications traditionally served by GSILs. This final rule adopts the 
definitions established in the January 2017 Final Rules and as proposed 
in the August 2021 NOPR because they best align 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.

B. Reflector Lamps

    As discussed, in the August 2021 NOPR, DOE proposed to include IRLs 
within the definition of general service lamp, except those reflector 
lamps 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 
Sec.  430.3) and that do not have E26/E24, E26d, E26/50x39, E26/53x39, 
E29/28, E29/53x39, E39, E39d, EP39, or EX39 bases. 86 FR 46611, 46620.
    Additionally, in the August 2021 NOPR, DOE reviewed its position in 
the September 2019 Withdrawal Rule that EPCA precludes consideration of 
the exemption for IRLs because they were exempted twice from the 
statute. In the NOPR, DOE proposed to amend the

[[Page 27467]]

definitions of GSIL and GSL to discontinue the exemptions for these 
products. 86 FR 46611, 46620. In response, NEMA suggested that DOE 
modify the proposed GSL definition to exclude IRLs from the GSL 
definition. NEMA and GE Lighting stated that IRLs are already covered 
under existing regulations for IRLs and were never intended to be 
regulated as GSLs according to EISA, where they are addressed in a 
separate regulatory section. Additionally, NEMA stated separation of 
IRLs from GSLs would avoid confusion and make a phased-in regulation 
more understandable. NEMA requested that DOE clarify how IRLs that are 
included in the proposed GSL definition and are also already regulated 
separately under existing regulations will be treated from an 
enforcement standpoint. NEMA stated that in the absence of clarity, 
manufacturers must assume that such products that meet the existing 
definition of IRLs and also meet the current standard for those 
products must be certified to DOE according to existing law and 
continue to be made and sold. (NEMA, No. 9 at pp. 6-9; NEMA, No. 9 at 
p. 10; GE Lighting, No. 14 at p. 3)
    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. DOE acknowledges that the statute exempts ``reflector lamp'' 
from the definition of GSIL (42 U.S.C. 6291(30)(D)(ii)(XI)) and 
``incandescent reflector lamp'' from the definition of GSL (42 U.S.C. 
6291(30)(BB)(ii)(II)). However, on reconsideration, DOE does not read 
the two statutory exemption provisions as an indication that such lamps 
were not to be evaluated for coverage under the GSIL and GSL 
definitions. With respect to IRLs, the best reading of the statute as a 
whole is that 42 U.S.C. 6291(30)(BB)(i)(IV) and 42 U.S.C. 
6295(i)(6)(A)(i)(II) authorize DOE to determine whether to include IRLs 
within the definition of GSIL and GSL. Section 6295(i)(6)(A)(i)(II) 
grants DOE authority to determine whether ``the exemptions for certain 
incandescent lamps should be maintained or discontinued.'' As discussed 
previously, in footnote 3, these ``exemptions'' are set out in 42 
U.S.C. 6291(30)(D)(ii), and include IRLs among other lamps. As such, 42 
U.S.C. 6295(i)(6)(A)(i) provides DOE with authority to consider 
Congress' initial exemption of those lamp types from the definition of 
GSIL, to determine whether those exemptions should be maintained or 
rescinded. Moreover, all of the lamp types that Congress initially 
exempted from being considered GSILs in 42 U.S.C. 6291(30)(D)(ii) were 
likewise initially exempted from being considered GSLs in 42 U.S.C. 
6291(30)(BB)(ii). When DOE discontinues an exemption from the 
definition of GSIL through 42 U.S.C. 6295(i)(6)(A)(i), the lamps that 
newly qualify as GSILs also become GSLs--because all GSILs are GSLs 
under 42 U.S.C. 6291(30)(BB)(i)(I), notwithstanding the exclusion of 
certain lamp types from the definition of GSL in 42 U.S.C. 
6291(30)(BB)(ii). (Lamp types statutorily exempted from the definition 
of GSIL and GSL under 42 U.S.C. 6291(30)(D)(ii) and 42 U.S.C. 
6291(30)(BB)(ii), and for which DOE did not discontinue such exemption, 
remain exempted.) Similarly, under 42 U.S.C. 6291(30)(BB)(i)(IV), DOE 
has the power to bring within the definition of GSL ``any other lamps 
that the Secretary determines are used to satisfy lighting applications 
traditionally served by general service incandescent lamps.'' That 
authority is not limited by the exclusions in 42 U.S.C. 
6291(30)(BB)(ii). Rather, DOE has the power to bring within the 
definition of GSL any lamps excluded by 42 U.S.C. 6291(30)(BB)(ii), if 
it determines that they are used to satisfy lighting applications 
traditionally served by general service incandescent lamps. DOE 
therefore has the power to bring IRLs within the definition of GSIL and 
GSL, notwithstanding the statutory exclusions in 42 U.S.C. 
6291(30)(D)(ii) and 42 U.S.C. 6291(30)(BB)(ii). DOE concludes that the 
discontinuation of the exemption for IRLs is warranted, for the reasons 
discussed in the second of the January 2017 Final Rules, published at 
82 FR 7322. In that rule, DOE determined that medium screw base 
reflector lamps that are incandescent and do not meet the definition of 
IRL as well as lamps that are IRLs, separately, had high annual unit 
sales indicating they are likely to be used in general lighting 
applications. Further, because these lamps provide overall 
illumination, they could be used as direct replacements for GSILs. DOE 
also indicated there was a high potential for lamp switching to IRLs 
and medium screw base reflector lamps that are incandescent due to the 
fact they are used in general lighting applications like others GSILs 
and GSLs. Lastly, as shown in Table III.1 of the second January 2017 
final rule, IRLs have annual sales that are several times the sales of 
the largest-volume lamp category among those exemptions that DOE is 
discontinuing, all of which are lamps used in general lighting 
applications. 82 FR 7276, 7293; 82 FR 7322, 7329-7330. For these 
reasons, in this final rule, DOE includes IRLs in the definition of GSL 
and GSIL.
    DOE acknowledges that IRLs are currently subject to standards. 10 
CFR 430.32(n)(6) and (7). This rule is not specifying standards for 
GSLs. To the extent that DOE were to establish energy conservation 
standards for GSLs, DOE would clearly indicate the applicable standard 
and compliance requirements for the affected lamps. Further, DOE notes 
that GSILs and medium base CFLs are also already covered under existing 
regulations and yet are explicitly included as GSLs under EPCA.
    NEMA commented that separate regulations for IRLs and GSLs will 
allow consideration for the unique efficiency and light distribution 
capabilities of reflector and omnidirectional GSLs. GE Lighting stated 
that IRLs are not general lighting and are used to highlight specific 
objects or target areas in a room, and therefore, require a unique 
technical analysis. (NEMA, No. 9 at pp. 6-7; NEMA, No. 9 at p. 10; GE 
Lighting, No. 14 at p. 3)
    In the January 2017 Final Rules, DOE found that IRLs are widely 
used for general illumination just as GSILs are used. 82 FR 7322, 7325. 
In this final rule, DOE finds there has been no change in the market 
that leads to a different conclusion in this final rule. Further, when 
determining standards for a product, DOE divides covered products into 
classes by: (a) The type of energy used; (b) the capacity of the 
product; or (c) other performance-related features that justify 
different standard levels, considering the consumer utility of the 
feature and other relevant factors. (42 U.S.C. 6295(q)) Because DOE 
considers impact on both efficacy and consumer utility when 
establishing product classes, reflector and omnidirectional GSLs could 
be analyzed for standards separately, if warranted.

C. Consumer Choice, Health Impacts

    Some private citizens stated that the GSL definitions proposed in 
the August 2021 NOPR infringe on consumer choice by regulating 
incandescent bulbs under GSLs and effectively removing them from the 
marketplace. (Anonymous, No. 2 at p. 1; Anonymous, No. 3 at p. 1; 
Anonymous, No. 4 at p. 1)
    In the August 2021 NOPR, DOE proposed that if the design

[[Page 27468]]

characteristics of lamps for a given application are such that non-
incandescent lamps cannot be made with the same characteristics (i.e., 
form factor and light output), such lamps should not be included as 
``other lamps'' in its definition of GSL. See 86 FR 46616; see also 82 
FR 7276, 7301. Hence, in this final rule, incandescent lamps that are 
included as GSLs have or can have more efficient, non-incandescent 
replacements with the same form factor and light output. DOE has 
confirmed that all lamp types included in the GSL definition have the 
same characteristics in the non-incandescent versions as offered in the 
incandescent versions.
    Regarding T-Shape, B, BA, F, G16- 1/2, G25, G30, S and M-14 lamps 
(``decorative lamps''), NEMA estimates total market volume at 950 
million installed lamps; and 520 million out of 665 million on mostly 
switch-controlled sockets have already been converted to LED 
technology. NEMA stated that regulations would force homeowners with 
the remaining 285 million incandescent decorative lamps on dimmers to 
switch to LED technology that is often incompatible with the installed 
dimmers. NEMA stated that for a dining room fixture an LED-compatible 
dimmer could cost approximately $20 to $80, plus $100 to $200 
(depending on location) for an electrician to install. NEMA stated that 
a mid-cost $30 dimmer with a lower cost electrician ($100) would have a 
payback in 30 years, and a high-cost dimmer ($80) with a high-cost 
electrician ($200) would have a payback in 65 years. NEMA stated that 
regulating candelabra base lamps used on LED-incompatible dimmers is 
not economically feasible for homeowners; rather, the market will 
convert to LED over time without regulation due to homeowners 
continuing to replace dimmers by choice. (NEMA, No. 20 at pp. 3-4)
    Regarding dimming, not all incandescent/halogen dimmers (i.e., 
phase-cut control dimmers) are incompatible with LED technology. NEMA's 
SSL 7A, which provides basic requirements for phase-cut dimming of LED 
light sources, includes a list of forward phase-cut dimmers and 
scenarios in which they can be compatible with LED technology (e.g., up 
to 125 W LED load). NEMA's comment indicates that almost 80 percent of 
the lamps on switch-controlled sockets have already been converted to 
LED technology without a significant negative market reaction. Thus, 
the extensive use of dimmer technology needed to support the modified 
GSL definition in this final rule indicates that it is readily 
available and economically feasible for consumers.
    Further, this final rule defines only the scope of GSLs and does 
not set energy efficiency standards for GSLs. When DOE evaluates a 
future energy efficiency standard for GSLs it will determine whether a 
standard is economically justified based on several factors, including 
consumer impacts and commenters' concerns relating to any asserted 
lessening of the utility or the performance of newly covered GSILs 
likely to result from the imposition of the standard. 42 U.S.C. 
6295(o)(2)(B)(i)(II)-(IV).
    A private citizen stated that for some people LED lamps may have a 
negative effect on eyesight and thus wished to continue purchasing 
incandescent bulbs. (Anonymous, No. 4 at p. 1) A second private citizen 
stated that LED bulbs may affect those with light sensitivity 
disabilities and under Title 1 of the American Disabilities Act 
(``ADA'') reasonable accommodation must be made for those that have 
disabilities and are light sensitive. The citizen stated that, for 
example, people with epilepsy need to use incandescent lights. The 
citizen stated that a government project is required by federal ADA law 
to ensure that those with light sensitivity disabilities are not harmed 
by artificial lighting used in the project. The citizen stated that the 
United Kingdom makes accommodations for those that have a disability to 
use incandescent bulbs. Finally, the citizen stated that Title II of 
the ADA states DOE has a responsibility to consult with the disabled 
community prior to changing lighting standards and that reasonable 
accommodation be made to purchase incandescent bulbs for medical 
reasons. (Anonymous, No. 6 at p. 1)
    Though these public comments do not include quantitative evidence 
of specific alleged changes to performance characteristics relevant to 
consumer choice or health, DOE has considered these public comments. 
DOE has also considered the potential for health benefits of emissions 
reductions from reducing energy use by the covered products. DOE 
maintains that the final rule's definitional changes appropriately 
promote 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. As stated above, DOE assesses possible 
impacts to consumers, utility, and performance during the separate 
evaluation of economic justification for setting energy conservation 
standards. Additionally, DOE notes that the ADA does not apply to DOE 
for purposes of this rule, as the ADA applies only to private employers 
and not Federal agencies. Individuals wishing to file complaints under 
the ADA can visit www.ada.gov.

D. Potential Revisions to the Proposed Definitions

1. Lumens
    NYSERDA and the CEC recommended that DOE revise the GSL definition 
proposed in the August 2021 NOPR to include lower lumen products 
between 150 and 310 lumens to include lamps offered as 25-watt (``W'') 
equivalents. ASAP, the CA IOUs, and NYSERDA stated that this would 
align with California's state-regulated LED lamps which include E12 
base lamps greater or equal to 150 lumens and E26, E17, GU24 base lamps 
greater or equal to 200 lumens. ASAP stated that these low-lumen lamps 
are often used in multiples in a single light fixture to provide 
general illumination. As an example, NYSERDA stated a fixture with 
eight candelabra bulbs consumes 10 times more energy than a single 100 
W equivalent LED bulb. The CEC stated that low-lumen lamps are 
typically used to satisfy lighting applications traditionally served by 
GSILs (e.g., night lights) and that one-quarter of California homes 
have at least one low-lumen lamp. The CEC also stated that there are a 
sufficient number of low-lumen lamps on the market that would meet the 
45 lm/W standard, citing its 2018 analysis which found 571 ENERGY 
STAR[supreg] certified LED lamps with low lumens and efficacy far above 
45 lm/W. The CA IOUs added that a cluster of low-lumen incandescent 
lamps remains in the retail space and there is no technical reason not 
to cover the products in the GSL definition. The CEC added that low-
lumen lamps included in the GSL definition would be limited to the base 
types specified in the definition, excluding other low-lumen base types 
and specialty lamps. (NYSERDA, No. 10 at p. 2; CEC, No. 15 at pp. 3-4; 
ASAP, Public Meeting Transcript, No. 7 at pp. 13-14; CA IOUs, Public 
Meeting Transcript, No. 7 at pp. 14-15)
    Westinghouse commented that many of the low-lumen lamps described 
by ASAP and the CA IOUs are not used in general service applications, 
but specialty signs and indicators. Westinghouse expressed concern that 
inclusion of low-lumen lamps of any American National Standards 
Institute (``ANSI'') base could also include

[[Page 27469]]

specialty products. (Westinghouse, Public Meeting Transcript, No. 7 at 
pp. 15-16) GE Lighting stated that lamps below 310 lumens are not 40 W, 
but instead between 15 and 25 W, and 40 W lamps are typically in the 
350 to 450 lumen range. GE Lighting added that these lamps have very 
low market share, are used in niche applications, and use little 
wattage. (GE Lighting, Public meeting Transcript, No. 7 at pp. 16-17)
    In the August 2021 NOPR, DOE tentatively determined, based on the 
reasoning presented in the January 2017 Final Rules, that lamps that 
satisfy the same applications traditionally served by GSILs are ones 
that provide overall illumination. 86 FR 46611, 46616. In the January 
2017 Final Rules, DOE determined that the minimum lumen output of lamps 
that provide overall illumination should be 310 lumens. DOE 
acknowledged that some lamps with lumen outputs less than 310 lumens 
can be marketed as 25 W equivalents. However, there are no Federal 
guidelines concerning equivalency claims of lamps and even when such 
guidelines exist there is a variety in lumens that constitute a 25 W 
equivalent. 82 FR 7276, 7305-7306. DOE finds there has been no change 
in the market that would lead DOE to reach a different conclusion in 
this final rule and therefore is adopting a GSL definition with minimum 
lumens as 310 lumens.
2. Base Type and Voltage
    NEMA and GE Lighting recommended that DOE make modifications to the 
base type and voltage in the proposed GSL definition to provide clarity 
and to avoid causing specialty and niche products that have unique 
performance features to become unavailable in the market. GE Lighting 
stated that the proposed definition goes beyond the original EISA 2007 
definition regulating household A-line incandescent 40, 60, 75 and 100 
W lamps, or potential replacements for these lamps. (NEMA, No. 9 at p. 
8; GE Lighting, No. 14 at pp. 3-4)
    NEMA stated that DOE's proposal that GSLs have an ANSI base is so 
overly broad so as to create confusion in the market and result in DOE 
unintentionally making specialty lamp types with unique performance 
features unavailable. NEMA recommended that DOE modify the definition 
to specify GSLs have an E26 medium screw base, E17 intermediate base, 
E12 candelabra base, E11 mini candelabra base, E39 or EX39 mogul base, 
or G5.3, GU10, or GU24 base. (NEMA, No. 9 at p. 8)
    Second, NEMA stated that DOE's proposal that GSLs that are non-
integrated lamps that operate at any voltage is unnecessarily broad. 
NEMA stated that the common residential and commercial building mains 
voltages are 110/120, 208, and 277 volts (``V''). NEMA recommended that 
DOE modify the definition to specify that GSLs that are non-integrated 
lamps be able to operate between 100 to 277 V. (NEMA, No. 9 at p. 8)
    GE Lighting recommended two alternative modifications to the base 
and voltage: (1) Limit the base type to medium screw bases and 
operation between 120 and 130 V; or (2) limit the base type to medium, 
candelabra, and intermediate screw bases and operation between 120 and 
130 V. GE Lighting stated that medium screw base, candelabra base and 
intermediate screw base lamps that operate between 120 and 130 V and 
provide omnidirectional light distribution would cover 99 percent of 
the GSLs used in a home (excluding reflector lamps) according to the 
2015 DOE Lighting Market Characterization Report and, therefore, 
achieve over 99 percent of the potential energy savings. GE Lighting 
also stated that using specific base types and voltages used in a home 
would be easy to understand. (GE Lighting, No. 14 at pp. 3-4)
    In the August 2021 NOPR, DOE tentatively determined that lamps that 
satisfy the same applications traditionally served by GSILs are ones 
that provide overall illumination. 86 FR 46611, 46616. Based on the 
findings of the January 2017 Final Rules that lamps with an ANSI base 
provide overall illumination, DOE proposed in the August 2021 NOPR to 
define GSLs to include lamps with an ANSI base. 86 FR 46611, 46619. In 
the January 2017 Final Rules, DOE also identified lamps with ANSI bases 
that were associated with certain incandescent/halogen lamps without 
more efficient, equivalent replacements and concluded that those lamps 
should be exempted. DOE concluded that the unavailability of non-
incandescent substitutes for a given lamp suggests that lamp is not 
being used for traditional GSIL applications. 82 FR 7276, 7301. As 
such, DOE exempted: (1) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape 
lamps that do not have Edison screw bases; (2) lamps that have a wedge 
base or prefocus base; and (3) 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. 82 FR 7276, 7304. 
Hence, based on these findings of the January 2017 Final Rules, in the 
August 2021 NOPR, DOE proposed exempting the aforementioned lamps 
because they may not have more efficient, equivalent replacements 
available if a future GSL standard is adopted. DOE's findings of the 
January 2017 Final Rules found that many lamps with medium, candelabra, 
and intermediate screw bases, operating between 120 V and 130 V could 
provide overall illumination and therefore, could not use these 
criteria as suggested by GE. Further, ANSI bases are well defined in 
the industry standard ANSI C81.61, ``Electric Lamp Bases--
Specifications for Bases (Caps) For Electric Lamps.'' DOE finds that 
the GSL definition as proposed in the August 2021 NOPR is easy to 
understand when it specifies that lamps must have ANSI bases and 
exempts certain lamps using an ANSI base designation. In this final 
rule, DOE is adopting the GSL definition as proposed, which defines 
such lamps as having ANSI bases.
    In the January 2017 Final Rules, DOE reviewed available product 
offerings to determine whether lamps of all operating voltages are used 
in general lighting applications. DOE determined that integrated lamps 
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 provide 
overall illumination. DOE made this determination by reviewing product 
offerings and identifying voltages associated with specialty lamps and 
ensuring those are not included in the ranges of a GSL. DOE found that 
the operating voltage of non-integrated lamps did not correlate to use 
in specialty applications. 82 FR 7276, 7306. DOE finds there has been 
no change in the market regarding lamp voltages that would lead DOE to 
reach a different conclusion in this final rule. Hence, in this final 
rule, DOE is adopting, as proposed in the August 2021 NOPR, the GSL 
definition established in the January 2017 Rules that defines 
integrated lamps in voltage ranges of 12 volts or 24 volts, at or 
between 100 to 130 volts, at or between 220 to 240 volts, or of 277 
volts.
3. Color Tunable Lamps
    Lutron stated that when considering the scope of the GSL 
definition, DOE should take into consideration the impact of including 
advanced technologies, specifically full color tunable lamps. Lutron 
stated full color tunable lamps can change between emitting high 
quality white light typically used in general lighting applications and 
colored lighting typically used for decorative purposes. Lutron stated 
luminous flux measures the perceived intensity of light,

[[Page 27470]]

weighted by the human eye sensitivity curve to differing wavelengths 
(colors) of light, V([lambda]). Hence, lamps outputting colors of light 
to which the human eye is not as sensitive (i.e., color others than 
white) will always appear to be less efficacious than a comparable 
source outputting white light. Lutron stated that full color tunable 
lamps when operated in colors other than white will therefore be 
measured as having a lower lumen output. Lutron noted that the current 
DOE test procedure requires lamps to be tested at the highest input 
power for efficacy, CRI, and other metrics. Lutron stated that although 
it is often the case that one or more white light settings are among 
the set of highest input power settings, this cannot be assumed. Lutron 
also stated innovation in phosphor-converted LEDs may enable efficacy 
gains when operating at white light settings but at a lower input 
power. Lutron asserted that the current DOE test procedure of testing 
at the highest input power would disincentivize this kind of 
innovation. (Lutron, No. 12 at p. 3)
    Lutron proposed two possible solutions to the problem it 
identified. The first option Lutron proposed was to exclude ``full 
color tunable lamps'' from the definition of GSL. Lutron stated that 
the reason for the exclusion would align with the reasons for excluding 
colored lamps. Further, Lutron stated that full color tunable lamps are 
not yet mainstream products and when operated in deeply saturated 
colors are often used for short-term events or in decorative 
applications. Lutron recommended the following definition for the 
exempt lamp type: ``Full color tunable lamp means a lamp capable of 
emitting highly saturated light of varying hues, as well as white 
light, for example by varying the relative intensity of individual 
emitters.'' (Lutron, No. 12 at pp. 3-4)
    Alternatively, Lutron proposed DOE open a rulemaking to revise the 
test procedure to appropriately evaluate full color tunable lamps. 
Instead of testing at maximum input power, Lutron recommended testing 
tunable products in their default mode of operation, which is 
consistent with other design standards.\9\ Lutron added that DOE would 
then need to open a rulemaking to revise the standards for GSLs to 
accommodate for multiple emitters, each operating at a different 
efficacy, in full color tunable lamps. Lutron stated that full color 
tunable lamps should ultimately be considered by DOE as a separate 
product class with a separate standard. Lutron stated this option 
should still include defining the term ``full color tunable lamp.'' 
(Lutron, No. 12 at pp. 3-4)
---------------------------------------------------------------------------

    \9\ EU ecodesign regulation for light sources (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R2020) and the 
Global Lighting Association's Regulatory Guidelines for an Effective 
Transition to Energy Efficient Lighting.
---------------------------------------------------------------------------

    Lutron commented that, of the two solutions, it would be easier to 
exempt full color tunable lamps and allow the focus of the rulemaking 
to return to traditional lighting technology. (Lutron, No. 12 at pp. 3-
4)
    EPCA directs DOE to include as GSLs, lamps which are used to 
satisfy lighting applications traditionally served by GSILs. 42 U.S.C. 
6291(30)(BB)(i)(IV). In the January 2017 Final Rules, DOE determined 
that lamps that satisfy the same applications traditionally served by 
GSILs are ones that provide an interior or exterior area with overall 
illumination. 82 FR 7276, 7306. Because colored lamps do not provide 
overall illumination, in the January 2017 Final Rules, DOE maintained 
the exemption of colored lamps specified in the GSIL definition and 
applied it to the GSL definition. 82 FR 7276, 7302, 7312. Colored lamps 
have correlated color temperatures (CCTs) or color rendering indexes 
(CRIs) that do not result in white light, and therefore do not satisfy 
lighting applications traditionally served by GSILs (i.e., colored 
lamps do not provide overall illumination). DOE reaffirmed this 
position in the August 2021 NOPR by proposing to exclude colored lamps 
from the definition of GSIL and GSL. 86 FR 4611, 46616, 46625. DOE 
understands that full color tunable lamps can be operated to provide 
overall illumination as well as colored light. At the setting where the 
full color tunable lamp is producing colored light, the CCT or CRI will 
be such that it does not result in white light. Accordingly, at a 
setting where the full color tunable lamp is not producing colored 
light, the CCT or CRI will be such that it does result in white light. 
Because consumers can choose to use them to provide overall 
illumination, exempting such lamps could result in manufacturers adding 
color tunability to avoid standards, i.e., a potential loophole. Hence, 
DOE is not modifying the GSL definition proposed in the August 2021 
NOPR to exempt full color tunable lamps. DOE will review the most 
appropriate method to test such lamps in its next review of the 
applicable lamp test procedure.

E. Market Share, Cost Savings, Energy Savings, and Emission Reductions

1. Market Share
    DOE also received comments on the August 2021 NOPR relating to the 
market share of GSLs. The Joint Comment stated that while LEDs have 
gained an overall market share of about 60 percent,\10\ the 40 percent 
of incandescent products are costing consumers. (Joint Comment, No. 16 
at p. 2) NASEO and ASAP commented that consumers continue to purchase 
incandescent bulbs out of habit and because manufacturers promote them. 
(NASEO, No. 8 at p. 2; ASAP, No. 19 at p. 2) NYSERDA stated that 
results of a survey it conducted showed that nationally, of the overall 
lamp market 58 percent of A-lamps, 84 percent of reflector lamps, 50 
percent of globe lamps, and 56 percent of candelabra lamps were LED 
lamps in 2020 and had increased from the previous year. NYSERDA stated 
LED lamps were widely available even in states that did not have 
utility energy efficiency lighting incentives. However, the NYSERDA 
survey indicated that while LED globe lamps grew by 2 percent in 2020 
from the previous year, incandescent globe lamps grew by 5 percent. 
(NYSERDA, No. 10 at pp. 2-3)
---------------------------------------------------------------------------

    \10\ The Joint Comment referenced market research from Apex 
Analytics.
---------------------------------------------------------------------------

    The CA IOUs stated that implementation of the 45 lm/W backstop on 
lamps included in the January 2017 Definitions will significantly 
increase the number of products impacted and decrease the potential of 
an increase in sales volume of non-GSL incandescent lamps. (CA IOUs, 
No. 17 at p. 3) The NPCC stated that ``specialty'' lamps for which the 
exemptions are being discontinued (i.e., reflector bulbs used in 
recessed and track lighting, candle-shaped bulbs used in wall sconces 
and decorative light fixtures, globe-shaped bulbs often installed in 
bathrooms, pear-shaped bulbs, etc.) represent a significant portion of 
the Pacific Northwest's energy efficiency potential, as there are over 
250 million of these bulbs in the region. The NPCC stated that LED 
lamps provide equal or better service at a much lower energy 
consumption rate and higher durability. (NPCC, No. 5 at pp. 1-2) The CA 
IOUs stated that when incandescent light bulbs leave the market, any 
economic harm to the lighting industry will be far outweighed by the 
energy and environmental savings. (CA IOUs, No. 17 at p. 2)
2. Consumer Costs, Energy Savings, Emission Reductions
    DOE received several comments on the benefits of amending the 
definitions of GSL and GSIL as proposed in the August 2021 NOPR. The 
State of Washington DOC stated that although

[[Page 27471]]

Washington already has a 45 lm/W efficacy standard in place, the 
proposed DOE action will strengthen enforcement and improve compliance 
in Washington, as well as avoid excess electricity consumption in other 
Western states, especially those without a state-level standard for 
GSLs as the Western electricity grid is very interconnected. (State of 
Washington DOC, No. 13 at pp. 1-2) The SC, NRDC, and EJ stated that the 
two-year delay in reinstatement of the January 2017 Definitions and 
application of the 45 lm/W backstop has prevented gains in reducing air 
pollutant emissions associated with electricity generation and consumer 
benefits, in particular, for low-income families. (SC, NRDC, and EJ, 
No. 18 at p. 2) NASEO and the State of Washington DOC stated that 
adopting the proposed GSL definitions will deliver large cost savings 
for consumers and reductions in climate emissions and encouraged the 
two-step process of first, expanding the definition of GSL to include 
all common bulb types and second, implementing the 45 lm/W backstop 
standard. (NASEO, No. 8 at p. 1; State of Washington DOC, No. 13 at pp. 
1-2)
    DOE also received comments that quantified cost savings and 
emissions reductions from adopting the definitions as proposed in the 
August 2021 NOPR. The AGs stated that, if adopted, the proposed 
definitions would save billions of dollars in energy costs and 
avoidance of millions of metric tons of greenhouse gas emissions 
annually. (AGs, No. 11 at p. 1) NASEO, the Joint Comment, and ASAP 
stated that switching a single incandescent bulb to LED saves $40-$90 
over 10 years. Therefore, a midpoint of $65 in savings for a typical 45 
bulbs per household would result in average estimated savings of $3,000 
over 10 years. (NASEO, No. 8 at pp. 1-2; Joint Comment, No. 16 at p. 2; 
ASAP, No. 19 at p. 2) NASEO added that according to ASAP, updated GSL 
standards could result in nationwide utility bill savings of $2.6 
billion by 2035. (NASEO, No. 8 at p. 2) NYSERDA stated that the 
additional products included in the expanded GSL definition, with the 
exclusion of A-lamps, would result in $1-$1.4 billion of net present 
value. (NYSERDA, No. 10 at p. 2) The CEC added that adopting the 
expanded definitions plus enforcing the backstop of 45 lm/W would 
result in $3.4 billion in cost savings each year. (CEC, No. 15 at p. 2) 
The Joint Comment stated that each month of additional delay in 
implementing the 45 lm/W standard will result in $300 million in lost 
savings through higher electricity bills and $1.8 billion has already 
been spent by consumers on inefficient lighting costs since January 
2021. (Joint Comment, No. 16 at pp. 1-2; ASAP, No. 19 at p. 2)
    NASEO stated that according to ASAP, the proposed GSL definitions 
could avoid an annual 2.7 to 6.2 million metric tons (``MMT'') of 
carbon dioxide (``CO<INF>2</INF>'') emissions by 2030. (NASEO, No. 8 at 
p. 2) NYSERDA stated that the additional products included in the 
expanded GSL definition, with the exclusion of A-lamps, would reduce 
emissions by 0.25 to 0.5 MMT of CO<INF>2</INF>. (NYSERDA, No. 12 at p. 
2) The CEC added that adopting the expanded definitions plus enforcing 
the backstop of 45 lm/W would result in 9.5 MMT of avoided 
CO<INF>2</INF> emissions each year. (CEC, No. 15 at p. 2) The Joint 
Comment and ASAP stated that each month of additional delay in 
implementing the January 1, 2020, backstop will result in the addition 
of 800,000 tons of CO<INF>2</INF> emissions. The Joint Comment stated 
that since the beginning of the new administration 4.8 million tons of 
CO<INF>2</INF> have been needlessly released. (Joint Comment, No. 16 at 
pp. 1-2; ASAP, No. 19 at p. 2)
    DOE also received several comments regarding low-income consumers 
and adopting the January 2017 Definitions. NASEO and ASAP stated that 
lower income consumers lack easy access to retailers that sell 
affordable LED lamps and expanding the GSL definition would ensure 
access to a larger consumer base. (NASEO, No. 8 at p. 2; ASAP, No. 19 
at p. 2) NYSERDA cited a study it commissioned which assessed the 
lighting market in New York state. The study showed that LED lamps 
appear to be less available in dense urban environments, as smaller 
businesses such as grocery, hardware, and general merchandise stores 
have the lowest availability of LED lamps, compared to big-box or 
national operations typically located outside urban city centers. 
NYSERDA stated that DOE's proposed rule can solve the resulting issue 
of inequitable access to LED lamps. (NYSERDA, No. 10 at pp. 3-4) Based 
on research in Michigan and New York, the Joint Comment also found that 
low-income consumers, particularly in urban areas, have less access to 
affordable LED lamps than other consumers because the stores they often 
shop at do not stock them or set prices high. The Joint Comment stated 
that the proposed GSL definition would ensure that all consumers have 
access to LED lamps regardless of distribution channel (i.e., big box 
suburban stores, grocery stores, hardware stores, dollar stores, corner 
stores). The Joint Comment added that low-income consumers tend to have 
disproportionately higher energy bills and are typically renters of 
housing with inefficient pre-installed lightbulbs (i.e., incandescent 
lamps or CFLs). The Joint Comment also stated that when the commercial 
and industrial sectors save on lighting costs, these energy savings can 
be passed on to consumers in the form of lower costs for goods and 
services and can be spent in other areas of our economy with greater 
multiplier effects. Furthermore, the Joint Comment stated that a 2019 
Consumer Federation of America (``CFA'') survey found that two-thirds 
of respondents support Federal energy efficiency standards for light 
bulbs, citing energy savings and less frequent light bulb replacements 
as benefits. (Joint Comment, No. 16 at p. 2)
    Although this final rule only defines the scope of GSLs and does 
not set energy efficiency standards for GSLs, DOE appreciates 
commenters' information regarding estimated impacts of the adoption of 
the proposed August 2021 definitions on the market, consumer costs, 
energy savings, and emissions reductions. DOE has also conducted an 
analysis of the impacts of expanding the definitions of GSL and GSIL if 
the statutory backstop requirement for GSLs comes into effect. This 
analysis shows consumers will save $2.2 billion in annualized reduced 
operating costs savings at a 7% discount rate, and $2.3 billion at a 3% 
discount rate, and reduce CO<INF>2</INF> emissions by 174 million 
metric tons from products shipped between 2022-2051. Please see III.H 
of this document for a discussion of this analysis.

F. State Preemption

    NEMA requested that the GSL definition final rule specify in clear 
and unambiguous language that the federal definition of a product class 
preempts any existing or future State definition. (NEMA, No. 9 at p. 7)
    In response, DOE notes that Federal energy conservation 
requirements generally supersede state laws or regulations concerning 
energy conservation testing, labeling, and standards. (42 U.S.C. 
6297(a)-(c)) Absent limited exceptions, states generally are precluded 
from adopting energy conservation standards for covered products both 
before an energy conservation standard becomes effective, and after an 
energy conservation standard becomes effective. (42 U.S.C. 6297(b) and 
(c))
    For energy conservation standards applicable to GSLs, EISA 2007 
established additional preemption

[[Page 27472]]

provisions specific to California and Nevada. Namely, beginning January 
1, 2018, no provision of law can preclude these states from adopting: 
(1) Standards established in a final DOE rule adopted in accordance 
with 42 U.S.C. 6295(i)(6)(A)(i)-(iv); (2) the backstop requirement of 
45 lm/W if no final rule was adopted in accordance with 42 U.S.C. 
6295(i)(6)(A)(i)-(iv); or (3) for the State of California, if a final 
rule has not been adopted in accordance with 42 U.S.C. 
6295(i)(6)(A)(i)-(iv), any California regulations related to ``these 
covered products'' adopted pursuant to state statute in effect as of 
the date of enactment of EISA 2007 (i.e., December 19, 2007). (42 
U.S.C. 6295(i)(6)(A)(vi))

G. Effective Date

1. GSL Definitions Effective Date
    In the August 2021 NOPR, DOE proposed an effective date of 60 days 
from the publication of the final rule for the proposed definitions. 86 
FR 46611, 46620. NEMA and GE Lighting stated that the 60-day effective 
date proposed for the GSL definitions is insufficient time for 
manufacturers to respond. NEMA and GE Lighting cited as concerns the 
potential lack of LED lamp substitutes for lamp types impacted by the 
amended GSIL and GSL definitions and complying with existing 
regulations for newly impacted lamp types. (NEMA, No. 9 at pp. 2-3; GE 
Lighting, No. 14 at p. 2)
    NEMA and GE Lighting stated that almost all GSLs are made overseas 
and described the steps of the manufacturing and retail supply chain. 
NEMA stated that the supply forecasting process, which includes 
cancelling and selling affected products, as well as identifying, 
ordering, and shipping alternative LED products, would require at least 
9-12 months for the lamps newly impacted by the GSL definition. NEMA 
stated that manufacturers would need at least 12 months to adjust 
supply chains and retailers would need an additional 12 months to sell 
through inventory. (NEMA, No. 9 at pp. 2-3; GE Lighting, No. 14 at p. 
2) NEMA and GE Lighting added that global supply chains are currently 
under stress due to congested ports, coronavirus disease protocols and 
outbreaks, electronic chip shortages, and rolling blackouts that lead 
to unpredictable lighting factory shutdowns in China. NEMA stated that 
logistics and shipping delays are doubling lead times from 5-6 weeks to 
10-12 weeks and electronic chip shortages are increasing component lead 
times from 1 month to 3 months. (NEMA, No. 9 at p. 4) NEMA added that 
the date Customs and Border Protection (``CBP'') clears a shipment is 
the date recorded as the date of manufacture for regulatory purposes. 
Thus, NEMA stated that with a 60-day effective date, it is possible 
that a cargo ship could depart with legal cargo that becomes illegal by 
the time of arrival. (NEMA, No. 9 at pp. 2-3) Further, NEMA stated that 
to convert the remaining 400 million incandescent decorative lamps 
(i.e., T-Shape, B, BA, F, G16-1/2, G25, G30, S and M-14 lamps) to LED 
technology would take approximately 37 months (approximately 3 years) 
at a current worldwide production and shipping capacity of about 11 
million decorative LED lamps per month into the United States. (NEMA, 
No. 20 at pp. 3-4) NEMA also noted that several LED lamp type options, 
in particular legacy lamp types, are not available due to technical and 
financial limitations. NEMA stated that product development and 
inventory planning take months to years and not all of the DOE proposal 
is possible or practicable. (NEMA, No. 9 at p. 2)
    NEMA stated that medium screw base decorative lamps, 3-way lamps, 
vibration service lamps, rough service lamps, shatter-resistant lamps, 
and any other newly regulated lamps would need to be formally tested, 
certified, and listed in the DOE database under the proposed GSL 
definitions. NEMA stated that substitute lamps that are not currently 
regulated products have likely been tested in a manufacturer's 
laboratory or a less stringent lab for labeling or marketing purposes 
rather than undergoing the National Voluntary Laboratory Accreditation 
Program (``NVLAP'') or International Laboratory Accreditation 
Cooperation (``ILAC'') testing required to meet DOE certification 
standards. NEMA stated that manufacturers generally have 3 years to 
prepare newly covered products for legal sale and that testing alone 
would take several months. (NEMA, No. 9 at pp. 4-5; NEMA, Public 
Meeting Transcript, No. 7 at pp. 28-30)
    Finally, NEMA and GE Lighting stated that a 60-day effective date 
will result in financial loss to lamp manufacturers due to stranded 
assets, specifically costs associated with non-cancellable supply 
contracts, components already purchased based on forecasted production 
quantities, capital investments already made for labor and production, 
the value of finished goods that cannot clear customs (import date) 
within 60 days, and retailer stock resets for all medium screw based 
decorative lamps, 3-way lamps, vibration service lamps, rough service 
lamps, and shatter-resistant lamps. NEMA stated that the resulting 
product shortages and empty store shelves would have a disproportionate 
impact on smaller manufacturers and smaller retailers. (NEMA, No. 9 at 
p. 5; GE Lighting, No. 14 at p. 2)
    NEMA recommended that DOE align the timing of the definitions with 
the implementation of new energy conservation standards; however, if 
DOE moved ahead sooner with the implementation of the definitions, NEMA 
requested a minimum effective date of 9 to 12 months to account for 
global supply chain blockages. (NEMA, No. 9 at pp. 5-6) Westinghouse 
requested clarity on whether products that are newly defined as GSLs 
will be subject to the existing GSIL standard. (Westinghouse, Public 
Meeting Transcript, No. 7 at pp. 19-21)
    The CEC recommended keeping the 60-day effective date and stated 
that any stranded lamps should be absorbed by the industry and that 
allowing the sale of inefficient lamps would merely pass the costs of 
these products from manufacturers to consumers through higher energy 
bills and environmental harm. (CEC, No. 15 at pp. 1-2; CEC, No. 15 at 
p. 4; CA IOUs, No. 17 at p. 2) NYSERDA stated that though the 60-day 
effective date may seem brief, the expanded GSL definition was 
initially proposed by DOE over 5 years ago and the market has matured 
significantly since then. (NYSERDA, No. 12 at p. 2)
    The CA IOUs stated that they support the proposed definitions for 
GSLs and GSILs to become effective 60 days after adoption. The CA IOUs 
stated that because DOE's existing GSIL standards only prohibit the 
manufacture or import of non-compliant light bulbs, rather than the 
sale, retailers may continue to sell non-compliant GSILs already in the 
U.S. when the definitions become effective. Regarding products en route 
that may become ineligible for importation, the CA IOUs stated that as 
the GSL definitions NOPR was published on August 19, 2021, a 60-day 
effective date is a reasonable gap between adoption and enactment of 
the expanded GSL definition. The CA IOUs stated that risk-averse 
planners would have anticipated the GSL backstop and definitions nine 
months ago with the change of the administration, and thus wholesale 
market disruption from a short 60-day timeframe should be avoidable. 
Further, the CA IOUs stated that since January 2020 when California 
implemented the revised GSL and GSIL definitions and a 45 lm/W minimum 
energy standard a full range of compliant GSLs have been available in 
California and there has been no market disruption. The CA IOUs stated 
that the fact that consumers want to buy incandescent bulbs defines the 
market

[[Page 27473]]

failure that the energy efficiency standards were designed to address. 
The CA IOUs stated that DOE should take steps to minimize any market 
disruption caused by the transition; however, regulation is necessary 
to ensure a thorough and quick transition. (CA IOUs, No. 17 at pp. 2-3; 
CA IOUs, Public Meeting Transcript, No. 7 at pp. 23-24, 32-33)
    NEMA responded that the reason manufacturers are still sourcing and 
supplying incandescent lamps is because customers are buying them. 
(NEMA, Public Meeting Transcript, No. 7 at p. 28) GE Lighting stated 
that the market transformation to LED technology has been happening 
rapidly noting that since 2016-2017, when DOE began its review of GSLs, 
a big chunk of the market has by itself converted to LED technology and 
will continue to do so. (GE Lighting, Public Meeting Transcript, No. 7 
at pp. 33-35) The Edison Electric Institute (``EEI'') stated that since 
LED lamps for GSL shipments have increased from around 10 percent 
several years ago to now 70 to 75 percent of the market, the industry 
should not be characterized as a ``market failure.'' (EEI, Public 
Meeting Transcript, No. 7 at pp. 36-37)
    Furthermore, Westinghouse stated that manufacturers cannot choose 
to stop producing products based off speculations for future 
regulations, and instead need certainty from DOE through a final rule 
followed by adequate time to adjust. (Westinghouse, Public Meeting 
Transcript, No. 7 at pp. 24-25) GE Lighting added that manufacturers 
must respond to demand and if they discontinue their incandescent 
product line, another manufacturer would take that market space up. GE 
Lighting stated that its product line can only be controlled when the 
regulation goes final. (GE Lighting, Public Meeting Transcript, No. 8 
at pp. 25-27)
    A lamp covered as a GSL or GSIL under the amended definitions would 
be subject to any energy conservation standard applicable to that lamp 
as a GSL or GSIL beginning on the effective date of this final rule, 
including the 45 lm/W GSL backstop requirement, if applicable. DOE 
notes that of the lamps newly covered under the amended definitions 
adopted in this final rule, only certain lamps will be subject to 
existing standards, i.e., lamp types for which exemption from the GSIL 
definition is discontinued. See 10 CFR 430.32(x)(1). Generally, the 
energy conservation standards apply to covered products as 
manufactured. (See 42 U.S.C. 6302 and 42 U.S.C. 6303) However, as noted 
by the CA IOUs, the GSIL energy conservation standards at 10 CFR 
430.32(x)(1) apply to GSILs manufactured on or after January 1, 2012, 
January 1, 2013, and January 1, 2014, depending on the rated lumens of 
the lamp. As such, in determining whether compliance is required by a 
lamp newly covered by the amended GSIL definition, the compliance dates 
in 10 CFR 430.32(x)(1) would be applicable. To determine the 
appropriateness of a 60-day effective date, DOE examined its impact on 
these new GSILs subject to GSIL standards.
    Specifically, the following lamp types become GSILs under the GSIL 
definition adopted in this final rule and subject to existing GSIL 
standards: (1) T shape lamp that uses not more than 40 watts or has a 
length of more than 10 inches; (2) B, BA, CA, F, G16-1/2, G-25, G30, S, 
or M-14 lamp of 40 watts or less; (3) reflector lamp; (4) rough service 
lamp; (5) shatter-resistant lamp; (6) 3-way lamp; and (7) vibration 
service lamp. Per the GSIL definition established in this rule, these 
lamp types must have a medium screw base; 310-2,600 lumens (232-1,950 
lumens for modified spectrum); and operate within 110 and 130 V. DOE's 
review of the market indicates that there are LED lamp substitutes 
available for these lamp types. The incandescent version of rough 
service and vibration service lamps use filaments strengthened with 
additional supports. The incandescent version of shatter-resistant 
lamps has a reinforced outer bulb to contain glass pieces in the event 
the bulb breaks. LED lamps inherently provide the consumer with these 
features because they do not have metal filaments and LED lamps are 
available that do not use glass outer bulbs. DOE has also found that 
there are product offerings of LED lamps that are medium screw base, 
310-2,600 lumens, operate within 110 and 130 volts and are a (1) T 
shape lamp of 749 lumens \11\ or less (equivalent of 40 watts or less) 
or has a length of more than 10 inches (2) B, BA, CA, F, G16-1/2, G-25, 
G30, S, or M-14 lamp of 749 lumens or less \12\ (equivalent of 40 watts 
or less); (3) reflector lamp, or (4) 3-way lamp. Therefore, DOE finds 
that there will be substitutes for lamps newly regulated as GSILs.
---------------------------------------------------------------------------

    \11\ DOE determined that an incandescent lamp of 40 watts or 
less produces a maximum lumen output of 749 lumens. The threshold of 
749 lumens is based on DOE's GSIL energy conservation standards 
which require lamps with 750--1049 lumens to have a maximum wattage 
of 43 W (see 10 CFR 430.32(x)(1)).
    \12\ Ibid.
---------------------------------------------------------------------------

    As proposed in the August 2021 NOPR, DOE is establishing a 60-day 
effective date for this rule in recognition of the need to act promptly 
in connection with the statutory requirements. As indicated by 
commenters, a substantial part of the lamp market has already 
transitioned to LED technology. DOE does not find that the impact on 
certain types of incandescent/halogen lamps will disrupt the market and 
thereby substantively impact consumers, manufacturers, or retailers. 
DOE acknowledges that manufacturers will have to comply with the 
statutory backstop requirement for GSLs when effective. It is DOE's 
intent that newly regulated GSILs will not be required to comply with 
multiple standards in a short period of time. DOE intends to do this by 
using its enforcement discretion in the period after this rule is 
effective, but before the final rule implementing the backstop becomes 
effective. Hence, DOE finds that an effective date of 60 days after the 
publication of this final rule is appropriate.
2. GSL Backstop Effective Date
    In addition to the expanded GSL definition, NYSERDA, the AGs, the 
CEC, Joint Comment, and the CA IOUs recommended that DOE promptly 
implement the 45 lm/W minimum requirement for GSLs. The CEC and CA IOUs 
stated that the 45 lm/W backstop has been triggered and is not a 
discretionary action; because DOE failed to meet its statutory 
requirements as of January 1, 2017, DOE has been legally obligated to 
enforce the backstop for GSLs since January 1, 2020. The CEC stated 
that the 45 lm/W backstop should be applied immediately for the 
existing GSL definitions and applied on the operative date of the final 
rule for the proposed expanded GSL definitions. (CEC, No. 15 at p. 2)
    NEMA recommended a two-step approach in enacting a 45 lm/W minimum 
requirement: (1) Manufacture-by date of certain lamp types in effect 
one year after final rule publication in the Federal Register, and (2) 
sell-by date of same lamp types effective one year following 
manufacture-by date. (NEMA, No. 9 at pp. 5-6) NEMA stated it is not 
opposed to regulating different lamp groups in different years. NEMA 
and GE Lighting suggested regulating A-line lamps first, followed by 
reflector lamps, then decorative lamps, all separated by at least a 
year to account for timing of manufacturer and retailer resets. NEMA 
recommended that decorative lamp types follow A-lamps by a minimum of 
two years, as the decorative lamp market is less transitioned to LEDs. 
GE Lighting agreed, adding that the A-line market has the highest 
percentage of LED socket penetration followed by

[[Page 27474]]

reflector lamps and then decorative lamps have the least. GE Lighting 
also added that product capacity is higher for LED A-line lamps and 
much lower for LED decorative lamps. NEMA added that exempted reflector 
lamps (R20, R30 and R40) could also be regulated using the current IRL 
regulations in a separate phased-in year. NEMA recommended an end date 
for manufacture/import and a year-later date for sell through for any 
regulation. NEMA stated that this approach would allow sell through to 
clear out existing incandescent inventory, avoid stranded assets and 
empty store shelves, and have a limited effect on energy saving due to 
the short life of the lamps. (NEMA, No. 9 at pp. 9-10; GE Lighting, No. 
14 at pp. 2-3)
    The CA IOUs stated that DOE should issue the GSL backstop standard 
without delay and consider phased-in effective dates for certain lamps 
per the provision in EISA and as deemed necessary based on information 
received from manufacturers and retailers. (CA IOUs, No. 17 at pp. 2-3) 
The CA IOUs stated that the 45 lm/W efficacy standard is far below 
typical LED performance and recommended that after implementing the 
January 2017 Definitions, DOE undertake further rulemakings for GSILs 
and GSLs as soon as possible. (CA IOUs, No. 17 at p. 3) NYSERDA stated 
that its 2020 Stocking and Shelving Survey \13\ study found that most 
retailers rely on manufacturers to provide compliant products and 
manufacturers anticipate increases in standards but will not initiate 
product changes without a high level of certainty that the requirements 
will go into effect. (NYSERDA, No. 10 at pp. 4-5; AGs, No. 11 at p. 2)
---------------------------------------------------------------------------

    \13\ Cadmus Group and Appliance Standards Awareness Project, 
General Service Lamps: Stocking and Shelving Survey, December 2020. 
https://www.nyserda.ny.gov/-/media/Files/Publications/Research/
Other-Technical-Reports/21-20-General-Service-Lamps_Stocking-and-
Shelving-Survey.pdf.
---------------------------------------------------------------------------

    ASAP stated that DOE could consider implementing the standards in a 
phased approach with standards going into effect for high-volume lamps 
sooner than lamps that sell more slowly and need longer to clear 
inventory. ASAP stated, however, while it's important that the standard 
is implemented smoothly and without needless market disruption, the 
standard is also two years delayed and is needed to protect the climate 
and result in savings. (ASAP, Public Meeting Transcript, No. 7 at pp. 
30-32) NASEO and ASAP stated Executive Order 13990, under which DOE 
identified light bulb rules for review, directs DOE to complete work on 
these and other reviews by December 31, 2021. NASEO and ASAP urged DOE 
to finalize the GSL definitions and adopt the 45 lm/W backstop standard 
no later than December 31, 2021. (NASEO, No. 8 at p. 2; ASAP, No. 19 at 
pp. 2-3)
    While this final rule does not propose any new or amended standards 
or address the applicability of the 45 lm/W backstop requirement, on 
December 13, 2021, DOE issued a notice of proposed rulemaking to codify 
in the CFR the backstop requirement for GSLs. 86 FR 70755. As discussed 
previously, a final rule codifying the backstop requirement is being 
issued simultaneously with this rule. In that rule, DOE is addressing 
application of the backstop requirement to lamps that become GSLs or 
GSILs via this final rule and, consequently, the dates of required 
compliance for GSLs and GSILs, so that manufacturers of newly regulated 
GSILs will not have to comply with immediately sequential standards.

H. Analysis

    DOE estimated the annualized national economic costs and benefits 
associated with the expansion of the GSL definition and the proposed 
implementation of the 45 lm/w backstop relative to a no-new standard 
case. DOE first considered the product price and energy use of 
commercially-available lamp options in the expanded GSL definition, 
including those that would be prohibited under implementation of the 45 
lm/W backstop and more efficacious GSLs that would continue to be 
available. DOE then developed a shipments model to project lamp 
shipments within the expanded GSL definition for the no-new-standards 
case and for the 45 lm/W backstop case over a thirty-year period 
between 2022-2051. Shipments were estimated using a consumer-choice 
model sensitive to first cost, energy savings, lamp lifetime, and the 
presence of mercury. The shipments analysis also considered the impact 
of price learning on product price. Based on the shipments projections, 
DOE calculated the national consumer economic impacts of the expanded 
definition and 45 lm/W backstop, by comparing the total installed 
product costs and operating costs in the 45 lm/W backstop case to the 
no-new-standards case.
    DOE also analyzed the reduction in several greenhouse gases and 
other pollutants that would result from the expanded GSL definition and 
the proposed 45 lm/W backstop using emissions intensity factors 
intended to represent the marginal impacts of the change in electricity 
consumption associated with amended or new standards.\14\ As part of 
the development of this final rule, for the purpose of complying with 
the requirements of Executive Order 12866, DOE also considered the 
estimated monetary benefits from the reduced emissions of 
CO<INF>2,</INF> CH<INF>4</INF>, N<INF>2</INF>O, NO<INF>X</INF>, and 
SO<INF>2</INF>. DOE notes that it would have reached the same 
conclusion presented in this document in the absence of the social cost 
of greenhouse gases (``SC-GHG), including the February 2021 Interim 
Estimates presented by the Interagency Working Group on the Social Cost 
of Greenhouse Gases.
---------------------------------------------------------------------------

    \14\ The methodology is described in ``Utility Sector Impacts of 
Reduced Electricity Demand'' (Coughlin, 2014; Coughlin 2019).
---------------------------------------------------------------------------

    On March 16, 2022, the Fifth Circuit Court of Appeals (No. 22-
30087) granted the federal government's emergency motion for stay 
pending appeal of the February 11, 2022, preliminary injunction issued 
in Louisiana v. Biden, No. 21-cv-1074-JDC-KK (W.D. La.). As a result of 
the Fifth Circuit's order, the preliminary injunction is no longer in 
effect, pending resolution of the federal government's appeal of that 
injunction or a further court order. Among other things, the 
preliminary injunction enjoined the defendants in that case from 
``adopting, employing, treating as binding, or relying upon'' the 
interim estimates of the social cost of greenhouse gases--which were 
issued by the Interagency Working Group on the Social Cost of 
Greenhouse Gases on February 26, 2021--to monetize the benefits of 
reducing greenhouse gas emissions. In the absence of further 
intervening court orders, DOE will revert to its approach prior to the 
injunction and present monetized benefits where appropriate and 
permissible under law.
    For the purpose of complying with the requirements of Executive 
Order 12866, DOE estimates the monetized benefits of the reductions in 
emissions of CO<INF>2</INF>, CH<INF>4</INF>, and N<INF>2</INF>O by 
using a measure of the social cost (``SC'') of each pollutant (e.g., 
SC-GHGs). These estimates represent the monetary value of the net harm 
to society associated with a marginal increase in emissions of these 
pollutants in a given year, or the benefit of avoiding that increase. 
These estimates are intended to include (but are not limited to) 
climate-change-related changes in net agricultural productivity, human 
health, property damages from increased flood risk, disruption of 
energy systems, risk of conflict, environmental migration, and the 
value of ecosystem services. DOE exercises its own judgment in

[[Page 27475]]

presenting monetized climate benefits as recommended by applicable 
Executive orders and guidance, and, as stated previously, DOE would 
reach the same conclusion presented in this document in the absence of 
the social cost of greenhouse gases, including the February 2021 
Interim Estimates presented by the Interagency Working Group on the 
Social Cost of Greenhouse Gases.
    DOE estimated the global social benefits of CO<INF>2</INF>, 
CH<INF>4</INF>, and N<INF>2</INF>O reductions (i.e., SC-GHGs) using the 
estimates presented in the Technical Support Document: Social Cost of 
Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive 
Order 13990 published in February 2021 by the Interagency Working Group 
on the Social Cost of Greenhouse Gases (IWG) (IWG, 2021).\15\ The SC-
GHGs is the monetary value of the net harm to society associated with a 
marginal increase in emissions in a given year, or the benefit of 
avoiding that increase. In principle, SC-GHGs includes the value of all 
climate change impacts, including (but not limited to) changes in net 
agricultural productivity, human health effects, property damage from 
increased flood risk and natural disasters, disruption of energy 
systems, risk of conflict, environmental migration, and the value of 
ecosystem services. The SC-GHGs therefore, reflects the societal value 
of reducing emissions of the gas in question by one metric ton. The SC-
GHGs is the theoretically appropriate value to use in conducting 
benefit-cost analyses of policies that affect CO<INF>2</INF>, 
N<INF>2</INF>O and CH<INF>4</INF> emissions. As a member of the IWG 
involved in the development of the February 2021 SC-GHG TSD), the DOE 
agrees that the interim SC-GHG estimates represent the most appropriate 
estimate of the SC-GHG until revised estimates have been developed 
reflecting the latest, peer-reviewed science.
---------------------------------------------------------------------------

    \15\ See Interagency Working Group on Social Cost of Greenhouse 
Gases, Technical Support Document: Social Cost of Carbon, Methane, 
and Nitrous Oxide. Interim Estimates Under Executive Order 13990, 
Washington, DC, February 2021. Available at: www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf 
(last accessed March 17, 2021).
---------------------------------------------------------------------------

    The SC-GHGs estimates are presented in DOE's technical support 
document (``TSD'') \16\ and were developed over many years, using 
transparent process, peer-reviewed methodologies, the best science 
available at the time of that process, and with input from the public. 
Specifically, in 2009, an interagency working group (IWG) that included 
the DOE and other executive branch agencies and offices was established 
to ensure that agencies were using the best available science and to 
promote consistency in the social cost of carbon (SC-CO<INF>2</INF>) 
values used across agencies. The IWG published SC-CO<INF>2</INF> 
estimates in 2010 that were developed from an ensemble of three widely 
cited integrated assessment models (IAMs) that estimate global climate 
damages using highly aggregated representations of climate processes 
and the global economy combined into a single modeling framework. The 
three IAMs were run using a common set of input assumptions in each 
model for future population, economic, and CO<INF>2</INF> emissions 
growth, as well as equilibrium climate sensitivity (ECS)--a measure of 
the globally averaged temperature response to increased atmospheric 
CO<INF>2</INF> concentrations. These estimates were updated in 2013 
based on new versions of each IAM. In August 2016 the IWG published 
estimates of the social cost of methane (SC-CH<INF>4</INF>) and nitrous 
oxide (SC-N<INF>2</INF>O) using methodologies that are consistent with 
the methodology underlying the SC-CO<INF>2</INF> estimates. The 
modeling approach that extends the IWG SC-CO<INF>2</INF> methodology to 
non-CO<INF>2</INF> GHGs has undergone multiple stages of peer review. 
The SC-CH<INF>4</INF> and SC-N<INF>2</INF>O estimates were developed by 
Marten et al. (2015) and underwent a standard double-blind peer review 
process prior to journal publication. In 2015, as part of the response 
to public comments received to a 2013 solicitation for comments on the 
SC-CO<INF>2</INF> estimates, the IWG announced a National Academies of 
Sciences, Engineering, and Medicine review of the SC-CO<INF>2</INF> 
estimates to offer advice on how to approach future updates to ensure 
that the estimates continue to reflect the best available science and 
methodologies. In January 2017, the National Academies released their 
final report, Valuing Climate Damages: Updating Estimation of the 
Social Cost of Carbon Dioxide, and recommended specific criteria for 
future updates to the SC-CO<INF>2</INF> estimates, a modeling framework 
to satisfy the specified criteria, and both near-term updates and 
longer-term research needs pertaining to various components of the 
estimation process (National Academies, 2017). Shortly thereafter, in 
March 2017, President Trump issued Executive Order 13783, which 
disbanded the IWG, withdrew the previous TSDs, and directed agencies to 
ensure SC-CO<INF>2</INF> estimates used in regulatory analyses are 
consistent with the guidance contained in OMB's Circular A-4, 
``including with respect to the consideration of domestic versus 
international impacts and the consideration of appropriate discount 
rates'' (E.O. 13783, Section 5(c)).
---------------------------------------------------------------------------

    \16\ www.regulations.gov/.
---------------------------------------------------------------------------

    On January 20, 2021, President Biden issued Executive Order 13990, 
which re-established the IWG and directed it to ensure that the U.S. 
Government's estimates of the social cost of carbon and other 
greenhouse gases reflect the best available science and the 
recommendations of the National Academies (2017). The IWG was tasked 
with first reviewing the SC-GHG estimates currently used in Federal 
analyses and publishing interim estimates within 30 days of the E.O. 
that reflect the full impact of GHG emissions, including by taking 
global damages into account. The interim SC-GHG estimates published in 
February 2021, specifically the SC-CH<INF>4</INF> estimates, are used 
here to estimate the climate benefits for this rulemaking. The E.O. 
instructs the IWG to undertake a fuller update of the SC-GHG estimates 
by January 2022 that takes into consideration the advice of the 
National Academies (2017) and other recent scientific literature.
    The February 2021 SC-GHG TSD provides a complete discussion of the 
IWG's initial review conducted under E.O. 13990. In particular, the IWG 
found that the SC-GHG estimates used under E.O. 13783 fail to reflect 
the full impact of GHG emissions in multiple ways. First, the IWG found 
that a global perspective is essential for SC-GHG estimates because it 
fully captures climate impacts that affect the United States and which 
have been omitted from prior U.S.-specific estimates due to 
methodological constraints. Examples of omitted effects include direct 
effects on U.S. citizens, assets, and investments located abroad, 
supply chains, and tourism, and spillover pathways such as economic and 
political destabilization and global migration. In addition, assessing 
the benefits of U.S. GHG mitigation activities requires consideration 
of how those actions may affect mitigation activities by other 
countries, as those international mitigation actions will provide a 
benefit to U.S. citizens and residents by mitigating climate impacts 
that affect U.S. citizens and residents. If the United States does not 
consider impacts on other countries, it is difficult to convince other 
countries to consider the impacts of their emissions on the United 
States. As a member of the IWG involved in the development of the 
February 2021 SC-GHG TSD, DOE agrees with this assessment and, 
therefore, in this final rule DOE centers

[[Page 27476]]

attention on a global measure of SC-GHG. This approach is the same as 
that taken in DOE regulatory analyses from 2012 through 2016. Prior to 
that, in 2008 DOE presented Social Cost of Carbon (SCC) estimates based 
on values the Intergovernmental Panel on Climate Change (IPCC) 
identified in literature at that time. As noted in the February 2021 
SC-GHG TSD, the IWG will continue to review developments in the 
literature, including more robust methodologies for estimating a U.S.-
specific SC-GHG value, and explore ways to better inform the public of 
the full range of carbon impacts. As a member of the IWG, DOE will 
continue to follow developments in the literature pertaining to this 
issue.
    While the IWG works to assess how best to incorporate the latest, 
peer reviewed science to develop an updated set of SC-GHG estimates, it 
set the interim estimates to be the most recent estimates developed by 
the IWG prior to the group being disbanded in 2017. The estimates rely 
on the same models and harmonized inputs and are calculated using a 
range of discount rates. As explained in the February 2021 SC-GHG TSD, 
the IWG has recommended that agencies revert to the same set of four 
values drawn from the SC-GHG distributions based on three discount 
rates as were used in regulatory analyses between 2010 and 2016 and 
subject to public comment. For each discount rate, the IWG combined the 
distributions across models and socioeconomic emissions scenarios 
(applying equal weight to each) and then selected a set of four values 
recommended for use in benefit-cost analyses: An average value 
resulting from the model runs for each of three discount rates (2.5 
percent, 3 percent, and 5 percent), plus a fourth value, selected as 
the 95th percentile of estimates based on a 3 percent discount rate. 
The fourth value was included to provide information on potentially 
higher-than-expected economic impacts from climate change. As explained 
in the February 2021 SC-GHG TSD, and DOE agrees, this update reflects 
the immediate need to have an operational SC-GHG for use in regulatory 
benefit-cost analyses and other applications that was developed using a 
transparent process, peer-reviewed methodologies, and the science 
available at the time of that process. Those estimates were subject to 
public comment in the context of dozens of proposed rulemakings as well 
as in a dedicated public comment period in 2013.
    The SC-CO<INF>2</INF> values used for this final rule were 
generated using the values presented in the 2021 update from the IWG's 
February 2021 TSD. The SC-CO<INF>2</INF> estimates from the latest 
interagency update are presented in DOE's TSD. For purposes of 
capturing the uncertainties involved in regulatory impact analysis, DOE 
has determined it is appropriate to include all four sets of SC-
CO<INF>2</INF> values, as recommended by the IWG.\17\ DOE multiplied 
the CO<INF>2</INF> emissions reduction estimated for each year by the 
SC-CO<INF>2</INF> value for that year in each of the four cases. To 
calculate a present value of the stream of monetary values, DOE 
discounted the values in each of the four cases using the specific 
discount rate that had been used to obtain the SC-CO<INF>2</INF> values 
in each case.
---------------------------------------------------------------------------

    \17\ For example, the February 2021 TSD discusses how the 
understanding of discounting approaches suggests that discount rates 
appropriate for intergenerational analysis in the context of climate 
change may be lower than 3 percent.
---------------------------------------------------------------------------

    The SC-CH<INF>4</INF> and SC-N<INF>2</INF>O values used for this 
final rule were generated using the values presented in the 2021 update 
from the IWG.\18\ The SC-CH<INF>4</INF> and SC-N<INF>2</INF>O estimates 
from the latest interagency update are presented in DOE's TSD. To 
capture the uncertainties involved in regulatory impact analysis, DOE 
has determined it is appropriate to include all four sets of SC-
CH<INF>4</INF> and SC-N<INF>2</INF>O values, as recommended by the IWG. 
DOE multiplied the CH<INF>4</INF> and N<INF>2</INF>O emissions 
reduction estimated for each year by the SC-CH<INF>4</INF> and SC-
N<INF>2</INF>O estimates for that year in each of the cases. To 
calculate a present value of the stream of monetary values, DOE 
discounted the values in each of the cases using the specific discount 
rate that had been used to obtain the SC-CH<INF>4</INF> and SC-
N<INF>2</INF>O estimates in each case.
---------------------------------------------------------------------------

    \18\ See Interagency Working Group on Social Cost of Greenhouse 
Gases, Technical Support Document: Social Cost of Carbon, Methane, 
and Nitrous Oxide. Interim Estimates Under Executive Order 13990, 
Washington, DC, February 2021. Available at: www.whitehouse.gov/wp-content/uploads/2021/02/TechnicalSupportDocument_SocialCostofCarbonMethaneNitrousOxide.pdf 
(last accessed March 17, 2021).
---------------------------------------------------------------------------

    The estimated monetary health benefits from the reduced emissions 
of SO<INF>2</INF> and NO<INF>X</INF> emissions was estimated based on 
the latest benefit per ton estimates for the relevant sector from the 
EPA's Benefits Mapping and Analysis Program.\19\
---------------------------------------------------------------------------

    \19\ Estimating the Benefit per Ton of Reducing PM<INF>2.5</INF> 
Precursors from 21 Sectors. www.epa.gov/system/files/documents/2021-10/source-apportionment-tsd-oct-2021_0.pdf.
---------------------------------------------------------------------------

    DOE converted the time-series of costs and benefits into annualized 
values based on the present value in 2021, as shown in Table IV.1. DOE 
calculated the present value using discount rates of 3 and 7 percent 
for consumer costs, benefits, and health benefits from the reduction of 
SO<INF>2</INF> and NO<INF>X</INF> emissions and case-specific discount 
rates for the value of the other greenhouse gas (``GHG'') 
(CO<INF>2</INF>, N<INF>2</INF>O, and CH<INF>4</INF>) reduction 
benefits. For presentational purposes, the climate benefits associated 
with the average SC-GHG at a 3 percent discount rate are shown in Table 
IV.1 in the following section, but the Department does not have a 
single central SC-GHG point estimate, and it emphasizes the importance 
and value of considering the benefits calculated using all four SC-GHG 
estimates.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    This final rule constitutes a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866, Regulatory Planning and 
Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was 
subject to review by the Office of Information and Regulatory Affairs 
(``OIRA'') in the Office of Management and Budget (``OMB'').
    In addition, the Administrator of OIRA has determined that the 
regulatory action is an ``economically significant'' regulatory action 
under section (3)(f)(1) of Executive Order 12866. Accordingly, pursuant 
to section 6(a)(3)(C) of the Order, DOE has provided to OIRA an 
assessment, including the underlying analysis, of benefits and costs 
anticipated from the regulatory action, together with, to the extent 
feasible, a quantification of those costs. This assessment can be found 
in DOE's technical support document (``TSD'') and the methodology is 
summarized in III.H.\20\
---------------------------------------------------------------------------

    \20\ www.regulations.gov/.

[[Page 27477]]



                       Table IV.1--Annualized Monetized Costs, Benefits, and Net Benefits
----------------------------------------------------------------------------------------------------------------
                                                                            Million 2020$/year
                                                         -------------------------------------------------------
                                                              Primary      Low-net-benefits    High-net-benefits
                                                             estimate          estimate            estimate
----------------------------------------------------------------------------------------------------------------
                                                3% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.........................         2,302.0             2,171.2             2,437.6
Climate Benefits *......................................           457.5               442.6               468.6
Health Benefits **......................................           847.1               819.9               867.4
                                                         -------------------------------------------------------
    Total Benefits [dagger].............................         3,606.7             3,433.6             3,773.5
    Consumer Incremental Product Costs [Dagger].........           181.7               186.0               175.5
                                                         -------------------------------------------------------
        Net Benefits....................................         3,424.9             3,247.7             3,598.0
----------------------------------------------------------------------------------------------------------------
                                                7% discount rate
----------------------------------------------------------------------------------------------------------------
Consumer Operating Cost Savings.........................         2,177.3             2,072.5             2,287.0
Climate Benefits *......................................           457.5               442.6               468.6
Health Benefits **......................................           721.1               700.6               736.2
                                                         -------------------------------------------------------
    Total Benefits [dagger].............................         3,355.9             3,215.8             3,491.8
    Consumer Incremental Product Costs [Dagger].........           205.8               210.2               199.5
                                                         -------------------------------------------------------
        Net Benefits....................................         3,150.1             3,005.6             3,292.2
----------------------------------------------------------------------------------------------------------------
Note: This table presents the costs and benefits associated with GSLs in the expanded definition shipped in 2022-
  2051. These results include benefits to consumers which accrue after 2051 from the products shipped in 2022-
  2051. This analysis presents costs and benefits assuming compliance beginning in 2022. As DOE has explained,
  DOE will release enforcement guidance simultaneously with this rulemaking. If significant compliance behavior
  changes result from enforcement discretion, both benefits and costs could be reduced for the relevant years,
  although DOE expects the net benefits will not be significantly changed.
* Climate benefits are calculated using four different estimates of the social cost of carbon (SC-CO2), methane
  (SC-CH4), and nitrous oxide (SC-N2O) (model average at 2.5 percent, 3 percent, and 5 percent discount rates;
  95th percentile at 3 percent discount rate). Together these represent the global social cost of greenhouse
  gases (SC-GHG). For presentational purposes of this table, the climate benefits associated with the average SC-
  GHG at a 3 percent discount rate are shown, but the Department does not have a single central SC-GHG point
  estimate, and it emphasizes the importance and value of considering the benefits calculated using all four SC-
  GHG estimates.
** Health benefits are calculated using benefit-per-ton values for NOX and SO2. DOE is currently only monetizing
  (for SO2 and NOX) PM2.5 precursor health benefits and (for NOX) ozone precursor health benefits, but will
  continue to assess the ability to monetize other effects such as health benefits from reductions in direct
  PM2.5 emissions. The health benefits are presented at real discount rates of 3 and 7 percent.
[dagger] Total and net benefits include consumer, climate, and health benefits. For presentation purposes, total
  and net benefits for both the 3-percent and 7-percent cases are presented using the average SC-GHG with 3-
  percent discount rate, but the Department does not have a single central SC-GHG point estimate. DOE emphasizes
  the importance and value of considering the benefits calculated using all four SC-GHG estimates. On March 16,
  2022, the Fifth Circuit Court of Appeals (No. 22-30087) granted the federal government's emergency motion for
  stay pending appeal of the February 11, 2022, preliminary injunction issued in Louisiana v. Biden, No. 21-cv-
  1074-JDC-KK (W.D. La.). As a result of the Fifth Circuit's order, the preliminary injunction is no longer in
  effect, pending resolution of the federal government's appeal of that injunction or a further court order.
  Among other things, the preliminary injunction enjoined the defendants in that case from ``adopting,
  employing, treating as binding, or relying upon'' the interim estimates of the social cost of greenhouse
  gases--which were issued by the Interagency Working Group on the Social Cost of Greenhouse Gases on February
  26, 2021--to monetize the benefits of reducing greenhouse gas emissions. In the absence of further intervening
  court orders, DOE will revert to its approach prior to the injunction and present monetized benefits where
  appropriate and permissible under law.
[Dagger] Costs include incremental equipment costs as well as installation costs.

    DOE has also reviewed this regulation pursuant to E.O. 13563, 
issued on January 18, 2011. 76 FR 3281 (Jan. 21, 2011). E.O. 13563 is 
supplemental to and explicitly reaffirms the principles, structures, 
and definitions governing regulatory review established in E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
and a final regulatory flexibility analysis (``FRFA'') for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by 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 
(www.energy.gov/gc/office-general-counsel).
    For manufacturers of GSLs, the SBA has set a size threshold, which 
defines those entities classified as ``small businesses'' for the 
purposes of the statute. DOE used the SBA's small business size 
standards to determine whether any small entities would be subject to 
the requirements of the rule. See 13 CFR part 121. The size standards 
are listed by NAICS code and industry description and are available at 
www.sba.gov/document/report--table-size-standards-naics-codes. 
Manufacturing of GSLs is classified under NAICS 335110, ``Electric Lamp 
Bulb and Part Manufacturing.'' The SBA sets a threshold of 1,250 
employees or less for an entity to be considered as a small business 
for this category.
    To estimate the number of companies that could be small businesses 
that manufacture GSLs impacted by this rulemaking, DOE conducted a 
survey using information from DOE's Compliance Certification Database 
and previous rulemakings. DOE used information from these sources to 
create a list of companies that potentially manufacture or sell GSLs 
and would be

[[Page 27478]]

impacted by this rulemaking. DOE screened out companies that do not 
offer products covered by this rulemaking and do not meet the 
definition of a ``small business.'' DOE determined that 8 companies are 
small businesses that manufacture GSLs impacted by this final rule.
    DOE reviewed the definitions of GSL, GSIL, and related terms 
adopted in this final rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. DOE certifies that this final rule would not have a 
significant economic impact on a substantial number of small entities. 
DOE notes that this final 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). Hence 
DOE's lamp test procedures--those that are labeled as test procedures 
for GSLs, as well as those that are not--as a whole, cover all of the 
lamps that constitute GSLs in this final rule.
    For this reason, DOE concludes and certifies that the definitions 
adopted in this final rule would not have a significant economic impact 
on a substantial number of small entities, and the preparation of a 
FRFA is not warranted.

C. Review Under the Paperwork Reduction Act

    Manufacturers of GSLs and GSILs 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, including GSLs and GSILs. 
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

    Pursuant to the National Environmental Policy Act (NEPA) of 1969, 
DOE has analyzed this proposed action in accordance with NEPA and DOE's 
NEPA implementing regulations (10 CFR part 1021). DOE has determined 
that this rule qualifies for categorical exclusion under 10 CFR part 
1021, subpart D, appendix A5 because it is an interpretive rulemaking 
that does not change the environmental effect of the rule and meets the 
requirements for application of a CX. See 10 CFR 1021.410. Therefore, 
DOE has determined that promulgation of this rule is not a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of NEPA, and does not require an EA or 
EIS.

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 rule and has determined 
that it would not have a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. EPCA governs and prescribes Federal preemption of State 
regulations as to energy conservation for the products that are the 
subject of this final 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 the review required by section 3(a), 
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 E.O. 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 final rule meets the relevant standards of E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a 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

[[Page 27479]]

estimates the resulting costs, benefits, and other effects on the 
national economy. (2 U.S.C. 1532(a), (b)) Before promulgating a rule, 
for which a written statement is needed, Section 205 of UMRA generally 
requires a Federal agency to identify and consider a reasonable number 
of regulatory alternatives and adopt the least costly, most cost 
effective, or least burdensome alternative that achieves the objectives 
of the rule. Section 205 allows an agency to adopt an alternative that 
is not the least costly, most cost effective, or least burdensome 
alternative if the agency provides an explanation in the final rule of 
why such an alternative was adopted.
    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 ``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 www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
    This final rule does not require expenditures of $100 million or 
more in any one year by the private sector. The final rule is likely to 
result in expenditures of $100 million or more, but there is no 
requirement that mandates that result. DOE considered and evaluated 
regulatory alternatives before arriving at the definitions finalized 
today. These include selecting an effective date for the rule that 
gives manufacturers more time to find the necessary resources to 
comply. DOE uses a delayed effective date in this rule to minimize cost 
and burden to manufacturers of lamp types newly covered under the rule. 
DOE believes that today's final rule represents the least costly, most 
effective approach to achieving EPCA's goals of increasing the energy 
efficiency of covered products through the establishment and amendment 
of energy conservation standards and promoting conservation measures 
when feasible. The cost-benefit analysis required by UMRA is discussed 
in section III.H of this document and the TSD accompanying this rule.

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 rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    Pursuant to E.O. 12630, ``Governmental Actions and Interference 
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March 
18, 1988), DOE has determined that this 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%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    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 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 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 concluded that this regulatory action, which amends 
definitions for GSL and GSIL, is not a significant energy action 
because the amendments are not likely to have a significant adverse 
effect on the supply, distribution, or use of energy, nor has it been 
designated as such by the Administrator at OIRA. Accordingly, DOE has 
not prepared a Statement of Energy Effects on this final 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 final rule authorizes or requires use of commercial standards, 
the final rule 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 final rule to amend the definitions of GSL and 
GSIL does not adopt the use of any new commercial standards.

M. Description of Materials Incorporated by Reference

    The modifications to the definition of ``general service lamp,'' 
``general service incandescent 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--

[[Page 27480]]

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.

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is a ``major rule'' as 
defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

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, Reporting and 
recordkeeping requirements, Small businesses.

Signing Authority

    This document of the Department of Energy was signed on April 26, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on April 28, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, DOE amends part 430 of 
chapter II of title 10 of the Code of Federal Regulations, as set forth 
below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
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.


0
2. Section 430.2 is amended by:
0
a. Adding in alphabetical order the definitions of ``Black light 
lamp,'' ``Bug lamp,'' and ``Colored lamp,'';
0
b. Revising the definitions of ``Designed and marketed,'' and ``General 
service incandescent lamp,'';
0
c. Adding in alphabetical order the definitions of ``General service 
light-emitting diode (LED) lamp'' and ``General service organic light-
emitting diode (OLED) lamp'';
0
d. Revising the definition of ``General service lamp''; and
0
e. Adding in alphabetical order the definitions of ``Infrared lamp'', 
``Integrated lamp'', ``LED Downlight Retrofit Kit'', ``Left-hand thread 
lamp'', ``Light fixture'', ``Marine lamp'', ``Marine signal service 
lamp'', ``Mine service lamp'', ``Non-integrated 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''.

    The additions and revisions read as follows:


Sec.  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 13.3 (incorporated by reference; see Sec.  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 Sec.  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

[[Page 27481]]

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 
(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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 non-integrated 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 
lamp-holder (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 C78.20-2003 (incorporated by 
reference; see Sec.  430.3) and ANSI C79.1-2002 (incorporated by 
reference; see Sec.  430.3) and is used to provide directional light.
* * * * *
    Showcase lamp means a lamp that has a T shape as specified in ANSI 
C78.20-2003 (incorporated by reference; see Sec.  430.3) and ANSI 
C79.1-2002 (incorporated by reference; see Sec.  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

[[Page 27482]]

permit exposed outdoor use on high-speed 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 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 Sec.  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. 2022-09480 Filed 5-6-22; 8:45 am]
BILLING CODE 6450-01-P


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