Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27461 

■ b. Revising paragraphs (x)(2) and (3); 

■ c. Revising the introductory text to 

paragraphs (bb)(1) and (2); and 

■ d. Adding paragraph (dd). 

The revisions and addition read as 

follows: 

§ 430.32 Energy and water conservation 

standards and their compliance dates. 

* * * * * 

(n) * * * 

(5) Subject to the sales prohibition in 

paragraph (dd) of this section, and 

except as provided in paragraph (n)(6) 

of this section, each of the following 

incandescent reflector lamps 

manufactured after November 1, 1995, 

shall meet or exceed the lamp efficacy 

standards shown in the table: 

* * * * * 

(6) Subject to the sales prohibition in 

paragraph (dd) of this section, each of 

the following incandescent reflector 

lamps manufactured after July 14, 2012, 

shall meet or exceed the lamp efficacy 

standards shown in the table: 

* * * * * 

(u) * * * 

(1) Medium Base Compact 

Fluorescent Lamps. Subject to the sales 

prohibition in paragraph (dd) of this 

section, a bare or covered (no reflector) 

medium base compact fluorescent lamp 

manufactured on or after January 1, 

2006, must meet the following 

requirements: 

* * * * * 

(x) * * * 

(1) Subject to the sales prohibition in 

paragraph (dd) of this section, the 

energy conservation standards in this 

paragraph apply to general service 

incandescent lamps: 

* * * * * 

(2) Subject to the sales prohibition in 

paragraph (dd) of this section, each 

candelabra base incandescent lamp 

shall not exceed 60 rated watts. 

(3) Subject to the sales prohibition in 

paragraph (dd) of this section, each 

intermediate base incandescent lamp 

shall not exceed 40 rated watts. 

* * * * * 

(bb) * * * 

(1) Subject to the sales prohibition in 

paragraph (dd) of this section, rough 

service lamps manufactured on or after 

January 25, 2018 must: 

* * * * * 

(2) Subject to the sales prohibition in 

paragraph (dd) of this section, vibration 

service lamps manufactured on or after 

January 25, 2018 must: 

* * * * * 

(dd) General service lamp. Beginning 

July 25, 2022 the sale of any general 

service lamp that does not meet a 

minimum efficacy standard of 45 

lumens per watt is prohibited. 

[FR Doc. 2022–09477 Filed 5–6–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–STD–0012] 

RIN 1904–AF22 

Energy Conservation Program: 

Definitions for General Service Lamps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

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/EERE2021-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: ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Stephanie Johnson, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1943. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

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 


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27462 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

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

2For editorial reasons, upon codification in the 

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

3The 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 lefthand thread lamp; (VII) A marine lamp; (VIII) A 

marine signal service lamp; (IX) A mine service 

lamp; (X) A plant light lamp; (XI) A reflector lamp; 

(XII) A rough service lamp; (XIII) A shatter-resistant 

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

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

three-way incandescent lamp; (XVIII) A traffic 

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

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

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

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

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

more than 40 watts or has a length of more than 

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

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

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

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

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 B2 of EPCA, 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles. 42 U.S.C. 6291– 

6309. These products include GSLs, the 

subject of this rulemaking. 

EPCA directs DOE to conduct two 

rulemaking cycles to evaluate energy 

conservation standards for GSLs. 42 

U.S.C. 6295(i)(6)(A)–(B). GSLs are 

defined in EPCA to include GSILs, 

compact fluorescent lamps (‘‘CFLs’’), 

general service light-emitting diode 

(‘‘LED’’) lamps and organic light 

emitting diode (‘‘OLED’’) lamps, and 

any other lamps that the Secretary of 

Energy (‘‘Secretary’’) determines are 

used to satisfy lighting applications 

traditionally served by general service 

incandescent lamps. 42 U.S.C. 

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

provision setting forth relevant 

definitions indicates that the term 

‘‘general service lamp’’ in EPCA does 

not include any of the twenty-two 

lighting applications or bulb shapes 

explicitly not included in the definition 

of ‘‘general service incandescent 

lamp,’’ 3 or any general service 

fluorescent lamp or incandescent 

reflector lamp. 42 U.S.C. 

6291(30)(BB)(ii). 

For the first rulemaking cycle, EPCA 

directs DOE to initiate a rulemaking 

process prior to January 1, 2014, to 

consider two questions: (1) Whether to 

amend energy conservation standards 

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 


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4See Consolidated Appropriations Act of 2017 

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

Consolidated Appropriations Act, 2018 (Pub. L. 

115–141). 

expenditure of funds appropriated by 

that law to implement or enforce: (1) 10 

CFR 430.32(x), which includes 

maximum wattage and minimum rated 

lifetime requirements for GSILs; and (2) 

standards set forth in section 

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

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

lamp efficiency ratings for incandescent 

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

Appropriations Rider, DOE was 

restricted from undertaking the analysis 

required to address the first question 

presented by Congress but was not so 

limited in addressing the second 

question—that is, DOE was not 

prevented from determining whether 

the exemptions for certain incandescent 

lamps should be maintained or 

discontinued. To address that second 

question, DOE published a Notice of 

Proposed Definition and Data 

Availability (‘‘NOPDDA’’), which 

proposed to amend the definitions of 

GSIL, GSL, and related terms (‘‘October 

2016 NOPDDA’’). 81 FR 71794, 71815 

(Oct. 18, 2016). Notably, the 

Appropriations Rider originally was 

adopted in 2011 and was readopted and 

extended continuously in multiple 

subsequent legislative actions. It expired 

on May 5, 2017, when the Consolidated 

Appropriations Act, 2017 was enacted.4

C. January 2017 Final Rules 

On January 19, 2017, DOE published 

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 decisionmaking required to address the first 

question presented by Congress—that is, 

whether to amend energy conservation 

standards for GSLs, including GSILs. 

Thus, on August 15, 2017, DOE 

published a Notice of Data Availability 

and request for information (‘‘NODA’’) 

seeking data for GSILs and other 

incandescent lamps (‘‘August 2017 

NODA’’). 82 FR 38613. 

The purpose of the August 2017 

NODA was to assist DOE in determining 

whether standards for GSILs should be 

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

Comments submitted in response to the 

August 2017 NODA also led DOE to 

reconsider the decisions it had already 

made with respect to the second 

question presented to DOE (whether the 

exemptions for certain incandescent 

lamps should be maintained or 

discontinued). 42 U.S.C. 

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

comments received in response to the 

August 2017 NODA, DOE also reassessed the legal interpretations 

underlying certain decisions made in 

the January 2017 Final Rules. On 

February 11, 2019, DOE published a 

NOPR proposing to withdraw the 

revised definitions of GSL and GSIL, 

and the new and revised definitions of 

related terms that were to go into effect 

on January 1, 2020. 84 FR 3120 

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

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

CA, F, G16–1/2, G25, G30, S, M–14 

lamps of 40 W or less; candelabra base 

lamps; and IRLs. Id. 

The September 2019 Withdrawal Rule 

also addressed issues and comments 

regarding the imposition of the 45 lm/ 

W backstop, applicability of EPCA’s 

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

6295(o), and preemption of State 

regulation of lamps. 84 FR 46663– 

46665, 46669. 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, 


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27464 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

5The 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). 

6These 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 threeway 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). 

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

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 Council .......................................... NPCC ................................. Interstate Compact Agency. 

National Association of State Energy Officials ....................................... NASEO ............................... State Government Officials. 

National Electrical Manufacturers Association ........................................ NEMA ................................. Industry Association. 

New York State Energy Research and Development Authority ............. NYSERDA .......................... Efficiency Organization. 

Attorneys General of New York, California, Colorado, Illinois, 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.

AGs .................................... State Government Officials. 

Lutron Electronics Co., Inc ...................................................................... Lutron ................................. Manufacturer. 

State of Washington Department of Commerce ..................................... State of Washington DOC .. State Government Agency. 

GE Lighting, a Savant Company ............................................................ GE Lighting ........................ Manufacturer. 

California Energy Commission ................................................................ CEC .................................... State Government Agency. 

Consumer Federation of America, National Consumer Law Center, 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.

The Joint Comment ............ Consumer Advocacy Organizations. 

California Investor-Owned Utilities .......................................................... CA IOUs ............................. Utility. 

Sierra Club, Natural Resources Defense Council, Earthjustice ............. SC, NRDC, and EJ ............ Environmental Non-Profit Organizations. 

Appliance Standards Awareness Project ................................................ ASAP .................................. Efficiency Organization. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.5

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). 

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 


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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) Lefthand 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 nonintegrated 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, 


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7Navigant Consulting, Inc. 2015 U.S. Lighting 

Market Characterization (No. DOE/EE–1719). U.S. 

Department of Energy, Washington, DC. 

8See Notice of Proposed Rulemaking for 

Residential Dishwashers, Residential Clothes 

Washers, and Consumer Clothes Dryers published 

August 11, 2021. 86 FR 43970. 

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

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 antibacksliding 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) 

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 § 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 


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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 performancerelated 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 


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characteristics of lamps for a given 

application are such that nonincandescent 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, nonincandescent 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 nonincandescent 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 LEDcompatible 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 LEDincompatible 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 switchcontrolled 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 lowlumen 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®

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 lowlumen 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 


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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 nonintegrated 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, 


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9EU 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. 

10The Joint Comment referenced market research 

from Apex Analytics. 

weighted by the human eye sensitivity 

curve to differing wavelengths (colors) 

of light, V(l). 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) 

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) 

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 


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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 

(‘‘CO2’’) 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 CO2. 

(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 CO2 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 CO2

emissions. The Joint Comment stated 

that since the beginning of the new 

administration 4.8 million tons of CO2

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 CO2 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 


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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., TShape, 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 shatterresistant 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 


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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. 

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. 

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) Manufactureby 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 


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13Cadmus 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-ShelvingSurvey.pdf. 

14The methodology is described in ‘‘Utility 

Sector Impacts of Reduced Electricity Demand’’ 

(Coughlin, 2014; Coughlin 2019). 

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) 

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-newstandards 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 

CO2, CH4, N2O, NOX, and SO2. 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. 

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 CO2, CH4, and N2O 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-changerelated 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 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 27475 

15See 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). 

16www.regulations.gov/. 

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 CO2, CH4, and N2O 

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 CO2, N2O 

and CH4 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. 

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–CO2) values used across agencies. 

The IWG published SC–CO2 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 CO2

emissions growth, as well as 

equilibrium climate sensitivity (ECS)—a 

measure of the globally averaged 

temperature response to increased 

atmospheric CO2 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–CH4) and 

nitrous oxide (SC–N2O) using 

methodologies that are consistent with 

the methodology underlying the SC– 

CO2 estimates. The modeling approach 

that extends the IWG SC–CO2

methodology to non-CO2 GHGs has 

undergone multiple stages of peer 

review. The SC–CH4 and SC–N2O 

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–CO2 estimates, the 

IWG announced a National Academies 

of Sciences, Engineering, and Medicine 

review of the SC–CO2 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–CO2 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–CO2 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)). 

On January 20, 2021, President Biden 

issued Executive Order 13990, which reestablished 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–CH4 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 


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17For 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. 

18See 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). 

19Estimating the Benefit per Ton of Reducing 

PM2.5 Precursors from 21 Sectors. www.epa.gov/ 

system/files/documents/2021-10/sourceapportionment-tsd-oct-2021_0.pdf. 

20www.regulations.gov/. 

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 benefitcost 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–CO2 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–CO2

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–CO2 values, 

as recommended by the IWG.17 DOE 

multiplied the CO2 emissions reduction 

estimated for each year by the SC–CO2

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–CO2 values in each case. 

The SC–CH4 and SC–N2O values used 

for this final rule were generated using 

the values presented in the 2021 update 

from the IWG.18 The SC–CH4 and SC– 

N2O 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–CH4 and SC– 

N2O values, as recommended by the 

IWG. DOE multiplied the CH4 and N2O 

emissions reduction estimated for each 

year by the SC–CH4 and SC–N2O 

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–CH4

and SC–N2O estimates in each case. 

The estimated monetary health 

benefits from the reduced emissions of 

SO2 and NOX 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

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 SO2 and NOX emissions 

and case-specific discount rates for the 

value of the other greenhouse gas 

(‘‘GHG’’) (CO2, N2O, and CH4) 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


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TABLE IV.1—ANNUALIZED MONETIZED COSTS, BENEFITS, AND NET BENEFITS

Million 2020$/year 

Primary 

estimate 

Low-net-benefits 

estimate 

High-net-benefits 

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 † ..................................................................................................... 3,606.7 3,433.6 3,773.5 

Consumer Incremental Product Costs ‡ ............................................................... 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 † ..................................................................................................... 3,355.9 3,215.8 3,491.8 

Consumer Incremental Product Costs ‡ ............................................................... 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. 

† 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. 

‡ 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--tablesize-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 


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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 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 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 costbenefit 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— 


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27480 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

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 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.2 is amended by: 

■ a. Adding in alphabetical order the 

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

lamp,’’ and ‘‘Colored lamp,’’; 

■ b. Revising the definitions of 

‘‘Designed and marketed,’’ and ‘‘General 

service incandescent lamp,’’; 

■ c. Adding in alphabetical order the 

definitions of ‘‘General service lightemitting diode (LED) lamp’’ and 

‘‘General service organic light-emitting 

diode (OLED) lamp’’; 

■ d. Revising the definition of ‘‘General 

service lamp’’; and 

■ 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: 

§ 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 

§ 430.3); or 

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

than 7,000 K. 

* * * * * 

Designed and marketed means 

exclusively designed to fulfill the 

indicated application and, when 

distributed in commerce, designated 

and marketed solely for that application, 

with the designation prominently 

displayed on the packaging and all 

publicly available documents (e.g., 

product literature, catalogs, and 

packaging labels). This definition 

applies to the following covered lighting 

products: Fluorescent lamp ballasts; 

fluorescent lamps; general service 

fluorescent lamps; general service 

incandescent lamps; general service 

lamps; incandescent lamps; 

incandescent reflector lamps; compact 

fluorescent lamps (including medium 

base compact fluorescent lamps); LED 

lamps; and specialty application 

mercury vapor lamp ballasts. 

* * * * * 

General service incandescent lamp 

means a standard incandescent or 

halogen type lamp that is intended for 

general service applications; has a 

medium screw base; has a lumen range 

of not less than 310 lumens and not 

more than 2,600 lumens or, in the case 

of a modified spectrum lamp, not less 

than 232 lumens and not more than 

1,950 lumens; and is capable of being 

operated at a voltage range at least 

partially within 110 and 130 volts; 

however, this definition does not apply 

to the following incandescent lamps— 

(1) An appliance lamp; 

(2) A black light lamp; 

(3) A bug lamp; 

(4) A colored lamp; 

(5) A G shape lamp with a diameter 

of 5 inches or more as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3); 

(6) An infrared lamp; 

(7) A left-hand thread lamp; 

(8) A marine lamp; 

(9) A marine signal service lamp; 

(10) A mine service lamp; 

(11) A plant light lamp; 

(12) An R20 short lamp; 

(13) A sign service lamp; 

(14) A silver bowl lamp; 

(15) A showcase lamp; and 

(16) A traffic signal lamp. 

General service lamp means a lamp 

that has an ANSI base; is able to operate 


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Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 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 § 430.3); 

(6) General service fluorescent lamps; 

(7) High intensity discharge lamps; 

(8) Infrared lamps; 

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

and JT shape lamps that do not have 

Edison screw bases; 

(10) Lamps that have a wedge base or 

prefocus base; 

(11) Left-hand thread lamps; 

(12) Marine lamps; 

(13) Marine signal service lamps; 

(14) Mine service lamps; 

(15) MR shape lamps that have a first 

number symbol equal to 16 (diameter 

equal to 2 inches) as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3), operate at 12 volts, and 

have a lumen output greater than or 

equal to 800; 

(16) Other fluorescent lamps; 

(17) Plant light lamps; 

(18) R20 short lamps; 

(19) Reflector lamps (as defined in 

this section) that have a first number 

symbol less than 16 (diameter less than 

2 inches) as defined in ANSI C79.1– 

2002 (incorporated by reference; see 

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

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

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

bases; 

(20) S shape or G shape lamps that 

have a first number symbol less than or 

equal to 12.5 (diameter less than or 

equal to 1.5625 inches) as defined in 

ANSI C79.1–2002 (incorporated by 

reference; see § 430.3); 

(21) Sign service lamps; 

(22) Silver bowl lamps; 

(23) Showcase lamps; 

(24) Specialty MR lamps; 

(25) T shape lamps that have a first 

number symbol less than or equal to 8 

(diameter less than or equal to 1 inch) 

as defined in ANSI C79.1–2002 

(incorporated by reference; see § 430.3), 

nominal overall length less than 12 

inches, and that are not compact 

fluorescent lamps (as defined in this 

section); 

(26) Traffic signal lamps. 

General service light-emitting diode 

(LED) lamp means an integrated or nonintegrated LED lamp designed for use in 

general lighting applications (as defined 

in this section) and that uses lightemitting diodes as the primary source of 

light. 

General service organic light-emitting 

diode (OLED) lamp means an integrated 

or non- integrated OLED lamp designed 

for use in general lighting applications 

(as defined in this section) and that uses 

organic light-emitting diodes as the 

primary source of light. 

* * * * * 

Infrared lamp means a lamp that is 

designed and marketed as an infrared 

lamp; has its highest radiant power 

peaks in the infrared region of the 

electromagnetic spectrum (770 nm to 1 

mm); has a rated wattage of 125 watts 

or greater; and which has a primary 

purpose of providing heat. 

* * * * * 

Integrated lamp means a lamp that 

contains all components necessary for 

the starting and stable operation of the 

lamp, does not include any replaceable 

or interchangeable parts, and is 

connected directly to a branch circuit 

through an ANSI base and 

corresponding ANSI standard lampholder (socket). 

* * * * * 

LED Downlight Retrofit Kit means a 

product designed and marketed to 

install into an existing downlight, 

replacing the existing light source and 

related electrical components, typically 

employing an ANSI standard lamp base, 

either integrated or connected to the 

downlight retrofit by wire leads, and is 

a retrofit kit. LED downlight retrofit kit 

does not include integrated lamps or 

non-integrated lamps. 

Left-hand thread lamp means a lamp 

with direction of threads on the lamp 

base oriented in the left-hand direction. 

* * * * * 

Light fixture means a complete 

lighting unit consisting of light source(s) 

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

applicable) together with the parts 

designed to distribute the light, to 

position and protect the light source, 

and to connect the light source(s) to the 

power supply. 

* * * * * 

Marine lamp means a lamp that is 

designed and marketed for use on boats 

and can operate at or between 12 volts 

and 13.5 volts. 

Marine signal service lamp means a 

lamp that is designed and marketed for 

marine signal service applications. 

* * * * * 

Mine service lamp means a lamp that 

is designed and marketed for mine 

service applications. 

* * * * * 

Non-integrated lamp means a lamp 

that is not an integrated lamp. 

* * * * * 

Other fluorescent lamp means low 

pressure mercury electric-discharge 

sources in which a fluorescing coating 

transforms some of the ultraviolet 

energy generated by the mercury 

discharge into light and include circline 

lamps and include double-ended lamps 

with the following characteristics: 

Lengths from one to eight feet; designed 

for cold temperature applications; 

designed for use in reprographic 

equipment; designed to produce 

radiation in the ultraviolet region of the 

spectrum; impact-resistant; reflectorized 

or aperture; or a CRI of 87 or greater. 

* * * * * 

Pin base lamp means a lamp that uses 

a base type designated as a single pin 

base or multiple pin base system. 

Plant light lamp means a lamp that is 

designed to promote plant growth by 

emitting its highest radiant power peaks 

in the regions of the electromagnetic 

spectrum that promote photosynthesis: 

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

(620 to 740 nm), and is designed and 

marketed for plant growing 

applications. 

* * * * * 

Reflector lamp means a lamp that has 

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

similar bulb shape as defined in ANSI 

C78.20–2003 (incorporated by reference; 

see § 430.3) and ANSI C79.1–2002 

(incorporated by reference; see § 430.3) 

and is used to provide directional light. 

* * * * * 

Showcase lamp means a lamp that has 

a T shape as specified in ANSI C78.20– 

2003 (incorporated by reference; see 

§ 430.3) and ANSI C79.1–2002 

(incorporated by reference; see § 430.3), 

is designed and marketed as a showcase 

lamp, and has a maximum rated wattage 

of 75 watts. 

* * * * * 

Sign service lamp means a vacuum 

type or gas-filled lamp that has 

sufficiently low bulb temperature to 


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27482 Federal Register / Vol. 87, No. 89 / Monday, May 9, 2022 / Rules and Regulations 

1https://occ.gov/news-issuances/bulletins/2021/ 

bulletin-2021-35.html. 

2 5 U.S.C. 553. 

3 5 U.S.C. 553(b)(B). 

4 5 U.S.C. 553(d). 

5Public Law 106–102, section 722, 113 Stat. 

1338, 1471 (1999). 

6 5 U.S.C. 601 et seq. 

7Under regulations issued by the Small Business 

Administration, as of February 2021, a small entity 

includes a depository institution, bank holding 

company, or savings and loan holding company 

with total assets of $600 million or less and trust 

companies with total assets of $41.5 million or less. 

See 13 CFR 121.201. 

8 2 U.S.C. 1531 et seq. 

permit exposed outdoor use on highspeed flashing circuits, is designed and 

marketed as a sign service lamp, and has 

a maximum rated wattage of 15 watts. 

Silver bowl lamp means a lamp that has 

an opaque reflective coating applied 

directly to part of the bulb surface that 

reflects light toward the lamp base and 

that is designed and marketed as a silver 

bowl lamp. 

* * * * * 

Specialty MR lamp means a lamp that 

has an MR shape as defined in ANSI 

C79.1–2002 (incorporated by reference; 

see § 430.3), a diameter of less than or 

equal to 2.25 inches, a lifetime of less 

than or equal to 300 hours, and that is 

designed and marketed for a specialty 

application. 

* * * * * 

Traffic signal lamp means a lamp that 

is designed and marketed for traffic 

signal applications and has a lifetime of 

8,000 hours or greater. 

* * * * * 

[FR Doc. 2022–09480 Filed 5–6–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 14 

[Docket No. OCC–2022–0004] 

RIN 1557–AF16 

Customer Assistance Group Change of 

Mailing Address 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The OCC is issuing this final 

rule; technical amendment to amend the 

consumer grievance process appendix 

in the Consumer Protection in Sales of 

Insurance regulations by removing an 

outdated mailing address for the OCC’s 

Customer Assistance Group (CAG) and 

replacing it with the current mailing 

address. 

DATES: The final rule is effective May 9, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Marta Stewart-Bates, Counsel, or 

Graham Bannon, Attorney, Chief 

Counsel’s Office, (202) 649–5490, Office 

of the Comptroller of the Currency, 400 

7th Street SW, Washington, DC 20219. 

If you are deaf, hard of hearing, or have 

a speech disability, please dial 7–1–1 to 

access telecommunications relay 

services. 

SUPPLEMENTARY INFORMATION: On August 

5, 2021, the OCC published Bulletin 

2021–35, ‘‘Community Reinvestment 

Act, Fair Housing Act, and Equal Credit 

Opportunity Act: OCC Contact 

Information for Certain Notices and 

Posters,’’ 1 which announced the new 

physical mailing address of the OCC’s 

CAG, ‘‘P.O. Box 53570, Houston, TX 

77052.’’ The previous CAG mailing 

address was 1301 McKinney Street, 

Suite 3450, Houston, Texas 77010–3031. 

The OCC’s regulation in appendix A to 

12 CFR part 14 sets forth a consumer 

grievance process that contains the 

previous mailing address for the OCC’s 

CAG. This final rule amends appendix 

A to 12 CFR part 14 to remove the 

outdated CAG mailing address and 

replace it with the current CAG mailing 

address. 

Administrative Law Matters 

A. Administrative Procedure Act 

The OCC is issuing this final rule 

without prior notice and the 

opportunity for public comment and 

without the 30-day delayed effective 

date ordinarily prescribed by the 

Administrative Procedure Act (APA).2

Pursuant to section 553(b)(B) of the 

APA, general notice and the opportunity 

for public comment are not required 

with respect to a rulemaking when an 

‘‘agency for good cause finds (and 

incorporates the finding and a brief 

statement of reasons therefor in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ 3

The OCC believes that there is good 

cause to issue this final rule without 

notice and public procedure because the 

rule makes a technical change to update 

a physical mailing address for the OCC’s 

CAG and does not alter any substantive 

standard. Therefore, there is good cause 

to dispense with the APA prior notice 

and public comment process because it 

is unnecessary since the change of 

CAG’s address in 12 CFR part 14 is a 

non-substantive, technical amendment 

to the OCC’s rule. 

The APA also requires a 30-day 

delayed effective date, except for (1) 

substantive rules which grant or 

recognize an exemption or relieve a 

restriction; (2) interpretative rules and 

statements of policy; or (3) as otherwise 

provided by the agency for good cause.4

The OCC finds good cause to publish 

this final rule with an immediate 

effective date because, as described 

above, this final rule merely reflects a 

change of address in existing regulations 

and does not alter any substantive 

standard. 

B. Use of Plain Language 

Section 722 of the Gramm-LeachBliley Act 5 requires Federal banking 

agencies to use plain language in all 

proposed and final rules published after 

January 1, 2000. The OCC has sought to 

present this final rule in a simple and 

straightforward manner. 

C. Paperwork Reduction Act Analysis 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(PRA), 44 U.S.C. 3501–3521, the OCC 

may not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently-valid Office of 

Management and Budget (OMB) control 

number. The OCC has reviewed this 

final rule and determined that it does 

not introduce a new collection of 

information pursuant to the PRA. 

D. Regulatory Flexibility Act Analysis 

The Regulatory Flexibility Act (RFA) 6

requires an agency to consider whether 

the rules it proposes will have a 

significant economic impact on a 

substantial number of small entities.7

The RFA applies only to rules for which 

an agency publishes a general notice of 

proposed rulemaking pursuant to 5 

U.S.C. 553(b). Consistent with section 

553(b)(B) of the APA, the OCC has 

determined for good cause that general 

notice and opportunity for public 

comment is unnecessary because the 

rule makes a technical change to update 

a physical mailing address for the OCC’s 

CAG and does not alter any substantive 

standard, and, therefore, the OCC is not 

issuing a notice of proposed rulemaking. 

Accordingly, the OCC has concluded 

that the RFA’s requirements relating to 

initial and final regulatory flexibility 

analysis do not apply. 

E. Unfunded Mandates Reform Act of 

1995 

As a general matter, the Unfunded 

Mandates Reform Act of 1995 (UMRA) 8

requires the preparation of a budgetary 

impact statement before promulgating a 


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