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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
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. 6295i6Ai was the best reading of the statute. 84 FR 46661, 4666546666. 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 2,6013,300
lumens; vibration service lamps; Tshape lamps of 40 watts W or less or length of 10 inches or more; B, BA, CA, F, G161/2, G25, G30, S, M14
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 EPCAs anti-backsliding provision at 42 U.S.C.
6295o, and preemption of State regulation of lamps. 84 FR 46663
46665, 46669. These additional issues are not the subject of this NOPR. DOE
has requested comments and data to inform further consideration of the 45
lm/W backstop provision. See 86 FR
28001 May 25, 2021.
As a result of the September 2019
Withdrawal Rule, the amended definitions of GSL and GSIL and the new and revised definitions of related terms established in the January 2017
Final Rules were withdrawn prior to going into effect. The current regulatory definitions of GSL and GSIL are those set forth in EPCA. See 10 CFR 430.2; see also 42 U.S.C. 629130D; 42 U.S.C.
629130BB.
Subsequent to the September 2019
Withdrawal Rule, on January 20, 2021, President Biden issued Executive Order E.O. 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 86 FR 7037 Jan. 25, 2021.
Section 1 of that Order lists a number of policies related to the protection of public health and the environment, including reducing greenhouse gas emissions and bolstering the Nations resilience to climate change. 86 FR

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7037, 7041. Section 2 of the Order instructs all agencies to review existing regulations, orders, guidance documents, policies, and any other similar agency actions . . .
promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, these policies. Id. Agencies are then directed, as appropriate and consistent with applicable law, to consider suspending, revising, or rescinding these agency actions and to immediately commence work to confront the climate crisis. Id.
Consistent with E.O. 13990, DOE has undertaken a review of the definitions of GSL and GSIL in the September 2019
Withdrawal Rule and the January 2017
Final Rules. Although E.O. 13990
triggered DOEs review, DOE is relying on its analysis below, based on the language and intent of EPCA, to support its decision to reconsider the September 2019 Withdrawal Rule. As a result of this review, DOE rejects the alternative interpretation of the statutory directives in EPCA set forth in the September 2019
Withdrawal rule and preliminarily determines that DOEs interpretation in this proposed rule is the best and proper reading of the statute.
II. Synopsis of the Proposed Rule In this NOPR, DOE proposes to amend the definitions of GSL and GSIL as previously set forth in the January 2017
Final Rules. DOE has preliminarily determined that the definitions as proposed are consistent with the congressional direction provided in EPCA and further the purposes set forth in EPCA, as well as in E.O. 13990.
Additionally, DOE proposes to adopt the supplemental definitions established in the January 2017 Final Rules, which relate to the proposed definitions of GSL and GSIL. DOE is not proposing whether standards for GSLs, including GSILs, should be amended.
Rather, DOE is proposing the scope of lamps to be considered in such a determination.
III. General Discussion A. GSL and GSIL Definitions To provide context for this NOPR, this section provides further description of the statutory and regulatory definitions, as amended under the January 2017
Final Rules and September 2019
Withdrawal Rule rulemakings.
EPCA defines the class of GSLs as including GSILs, CFLs, general service LED and OLED lamps, and any other lamps that DOE determines are used to satisfy lighting applications
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traditionally served by GSILs; however, as initially specified by EPCA, GSLs did not include any lighting application or bulb shape that under 42 U.S.C.
629130Dii is not included in the general service incandescent lamp definition, or any general service fluorescent lamp or incandescent reflector lamp. 42 U.S.C. 629130BB.
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. 629130Di. This definition does not apply, however, to the following incandescent lamps: An appliance lamp; a black light lamp; a bug lamp; a colored lamp; an infrared lamp; a left-hand thread lamp; a marine lamp; a marine signal service lamp; a mine service lamp; a plant light lamp;
a reflector lamp; a rough service lamp;
a shatter-resistant lamp including a shatter-proof lamp and a shatterprotected lamp; a sign service lamp; a silver bowl lamp; a showcase lamp; a three-way incandescent lamp; a traffic signal lamp; a vibration service lamp; a G shape lamp as defined in ANSI
C78.20 and ANSI C79.12002 with a diameter of 5 inches or more; a T shape lamp as defined in ANSI C78.20 and ANSI C79.12002 and that uses not more than 40 watts or has a length of more than 10 inches; and a B, BA, CA, F, G161/2, G25, G30, S, or M14 lamp as defined in ANSI C79.12002 and ANSI C78.20 of 40 watts or less. 42
U.S.C. 629130Dii.
In the January 2017 Final Rules, invoking the rulemaking authority afforded by EPCA in 42 U.S.C.
629130BBiIV, DOE amended the regulatory definition of GSL to mean a lamp that had an ANSI base; was able to operate at a voltage of 12 volts or 24
volts, at or between 100 to 130 volts, at or between 220 to 240 volts, or of 277
volts for integrated lamps, or was able to operate at any voltage for nonintegrated lamps; had an initial lumen output of greater than or equal to 310
lumens or 232 lumens for modified spectrum general service incandescent lamps and less than or equal to 3,300
lumens; was not a light fixture; was not an LED downlight retrofit kit; and was used in general lighting applications. 82
FR 7312. General service lamps included, but were not limited to, general service incandescent lamps, compact fluorescent lamps, general
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