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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
substitutes for GSLs once GSL standards are in place. Id.
Contrary to this position, in the September 2019 Withdrawal Rule, DOE
stated that it may have overstepped its limited authority by relying on factors that Congress did not intend it to consider. DOE further stated that it was no longer using convenient unregulated alternatives as a basis upon which to discontinue exemptions for specialty lamp types. DOE agreed with those commenters that asserted this consideration went beyond the authority granted by Congress to use the potential that a lamp may be considered a loophole to GSL standards as the basis for discontinuing its exemption under the statute. 84 FR 46661, 4666846669.
Subsequently, in the September 2019
Withdrawal Rule, DOE maintained the definitions of GSLs and GSILs. Id.
Upon reviewing the September 2019
Withdrawal Rule, DOE now recognizes that the analysis in that rule may have overlooked certain considerations and may not have accurately characterized the actions taken in the January 2017
Final Rules. Certain factors were not fully explored in the September 2019
Withdrawal Rule and merit consideration in determining whether to amend the definitions of GSL and GSIL.
The specific discussions from the September 2019 Withdrawal Rule that require further consideration are addressed in the appropriate sections that follow.
Based on the analysis and evaluation presented in the rulemaking culminating in the January 2017 Final Rules, and the discussion that follows, DOE is proposing to define GSIL to mean: A standard incandescent or halogen type lamp that is intended for general service applications; has a medium screw base; has a lumen range of not less than 310 lumens and not more than 2,600 lumens or, in the case of a modified spectrum lamp, not less than 232 lumens and not more than 1,950 lumens; and is capable of being operated at a voltage range at least partially within 110 and 130 volts;
however, this definition does not apply to the following incandescent lamps: An appliance lamp; a black light lamp; a bug lamp; a colored lamp; a G shape lamp with a diameter of 5 inches or more as defined in ANSI C79.12002; an infrared lamp; a left-hand thread lamp;
a marine lamp; a marine signal service lamp; a mine service lamp; a plant light lamp; an R20 short lamp; a sign service lamp; a silver bowl lamp; a showcase lamp; and a traffic signal lamp.
The proposed definition explicitly exempts R20 short lamps to maintain an exemption for these lamps consistent
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with DOEs determination in a final rule published on November 14, 2013, that standards for R20 short lamps would not result in significant energy savings because such lamps are designed for special applications or have special characteristics not available in reasonably substitutable lamp types. 78
FR 68331, 68340.
As stated, GSILs are included in the definition of GSL. 42 U.S.C.
629130BBiI. Any lamp that meets the definition of a GSIL would be a GSL.
As such, consideration of whether a GSIL exemption should be maintained, for purposes of both the GSL definition and the GSIL definition, is informed, in part, by the considerations under DOEs authority to include other lamps as GSLs because they are used to satisfy lighting applications traditionally served by general service incandescent lamps. 42 U.S.C. 629130BBiIV.
Based on DOEs review of product availability, technical information, and prior stakeholder comments, DOE
preliminarily finds that the unavailability of non-incandescent substitutes for a given lamp suggests that the lamp is not being used for traditional GSIL applications. If design characteristics of lamps for a given application are such that the nonincandescent lamp cannot be made with the same characteristics, DOE
preliminarily concludes those lamps are not being used for general illumination and, therefore, such lamps would be excluded from the definition of GSLs See 82 FR 7276, 7301.
Also relevant to DOEs consideration of whether to maintain a GSIL
exemption, DOE must also determine what types of lighting applications have been traditionally served by GSILs. As stated in the January 2017 Final Rules, traditionally, lamps that are standard incandescent or halogen and that satisfy the other criteria for the definition of GSIL in 42 U.S.C. 629130D have served general lighting applications. 82
FR 7276, 7302. By general lighting applications, DOE means lighting that provides an interior or exterior area with overall illumination. DOE
considers the term overall illumination to be similar in meaning to the term general lighting as defined in the industry standard ANSI/IES RP
1610, which states that general lighting means lighting designed to provide a substantially uniform level of illuminance throughout an area, exclusive of any provision for special local requirements.
Further discussion of DOEs consideration of including other lamps as GSLs is discussed in greater detail in section III.D of this document. The
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following paragraphs discuss the proposed discontinuation of the exemptions for certain T-shape, B, BA, CA, F, G161/2, G25, G30, S, and M14
lamps; rough service lamps; vibration service lamps; three-way incandescent lamps; and shatter-resistant lamps.
1. T-Shape, B, BA, CA, F, G161/2, G25, G30, S, and M14 Lamps In the January 2017 Final Rules, DOE
discontinued the exemptions for certain T-shape lamps and certain B, BA, CA, F, G161/2, G25, G30, S, and M14
lamps. 82 FR 7276, 7294. DOE found that T-shape lamps are frequently used in general lighting applications and thus present a significant risk for lamp switching. Based on this high potential for lamp switchingreflected in part by high salesDOE discontinued the GSIL
exemption for these lamps. Id.
Regarding B, BA, CA, F, G161/2, G25, G30, S, and M14 lamps, DOE noted that Congress listed these lamps together in paragraph XXII, and so considered whether to maintain the exemption for these lamps as a group.
Id. DOE also noted that the pear shapes and globe shapes characterized by the majority of lamps in this category would not prevent consumers from using them in general service lighting applications and found that these lamps are very common. 82 FR 7276, 7295. DOE
considered the potential for lamp switching through the future use of different fixtures and found there to be a potential that inclusion of some but not all of the lamps in the group would shift the market to the lamp or lamps that remain exempt. Id. Accordingly, DOE discontinued exemptions in the GSIL definition for B, BA, CA, F, G16
1/2, G25, G30, S, and M14 lamps of 40
W or less. Id.
However, in the January 2017 Final Rules, DOE did maintain exemptions from the GSL definition set forth in those final rules for the following lamp shapes: 1 T-shape lamps that have a first number symbol less than or equal to 8 diameter less than or equal to 1
inch as defined in ANSI C79.12002, nominal overall length less than 12
inches, and that are not compact fluorescent lamps; and 2 S-shape or Gshape lamps that have a first number symbol less than or equal to 12.5
diameter less than or equal to 1.5625
inches as defined in ANSI C79.12002.
DOE concluded that those lamps should not have been included in the GSL
definition set forth in those final rules because they do not and likely cannot have equivalent replacements using more efficient technology. 82 FR 7276, 7310.

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