Je veux savoir à propos de…

lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules In the September 2019 Withdrawal Rule, DOE addressed the discontinuation of exemptions for certain T-shape, B, BA, CA, F, G161/
2, G25, G30, S, and M14 lamps together with candelabra base lamps, stating that discontinuing the exemptions for all of these lamp categories was not consistent with the best reading of the statute because such lamps are not used in the same applications as the standard GSIL. 84 FR
46661, 46668. DOE stated that these lamps generally provide a more limited range of light output as compared with GSILs not subject to exemption, have form factors not as large as GSILs not subject to exemptions, and present a decorative aesthetic not replicated by GSILs not subject to the exemptions. Id.
Upon further consideration, DOE has tentatively determined that candelabra base lamps were inappropriately addressed with T-shape, B, BA, CA, F, G16
1/2, G25, G30, S, and M14 lamps in the September 2019 Withdrawal Rule. The January 2017 Final Rules determined whether T-shape, B, BA, CA, F, G161/
2, G25, G30, S, and M14 lamps would remain exempt from the definition of GSIL, and thus were evaluated in the context of the GSIL definition. 82 FR
7276, 7297. Candelabra base lamps were not included in this evaluation since the lamps do not have a medium screw base as required under the GSIL definition.
Instead, DOE determined in the January 2017 Final Rules that candelabra base lamps should be covered as GSLs. See 82 FR 7276, 7310. In this NOPR, DOE
appropriately addresses in section III.D
of this document candelabra base lamps in the context of the GSL definition.
Regarding the light output of certain T-shape, B, BA, CA, F, G161/2, G25, G30, S, and M14 lamps, DOE
tentatively concludes that the September 2019 Withdrawal Rule inaccurately stated that these lamps provide a more limited range of light output as compared with GSILs not subject to exemption. However, these lamps were only considered to the extent that they were in the lumen range of 3102600 per the GSIL definition. As such, in order to be included in the exemption under the statutory definition of GSIL, and therefore considered for discontinuation of the exemption in the January 2017 Final Rules, the lamps must have a lumen output of 310 lumens or greater, consistent with GSILs not subject to the exemption. As DOE concluded in the January 2017 Final Rules, even with a maximum wattage limitation, these lamps are still capable of providing
VerDate Sep<11>2014

16:45 Aug 18, 2021

Jkt 253001

overall illumination i.e., general illumination. 82 FR 7276, 72947295.
Regarding the form factor and size of certain T-shape, B, BA, CA, F, G161/
2, G25, G30, S, and M14 lamps, DOE
tentatively concludes that such lamps were not accurately compared to lamps that meet the current statutory definition of GSIL in the September 2019 Withdrawal Rule. The September 2019 Withdrawal Rule stated that these lamps have form factors not as large as currently defined GSILs. 84 FR 46661, 46668. However, DOE now recognizes that the most common GSIL is an A19
shape,5 and that the G25 and G30 lamps have a diameter 31 percent and 57
percent greater, respectively, than the diameter of the A19 shape. Further, the September 2019 Withdrawal Rule stated that these lamp shapes present a decorative aesthetic not replicated by lamps that meet the current statutory definition of GSIL. Id. DOE no longer agrees that this statement supports continued exemption, as data indicates that the decorative shape does not prevent consumers from using them in general service lighting applications.
See 82 FR 7276, 7310. Additionally, as described previously, some lamps with these shapes are currently certified as being compliant with DOEs standards for GSILs. As stated, if a more efficient version with the same shape cannot be made for a technical reason, DOE did not include the lamp as a GSL in the definition adopted by the January 2017
Final Rules and similarly does not propose to include such a lamp in the definition of GSL in this proposal.
With regard to T-shape lamps, DOE
finds that T-shape lamps are capable of providing overall illumination and therefore can readily serve general lighting applications. See 82 FR 7276, 7294. With regard to B, BA, CA, F, G16
1/2, G25, G30, S, and M14 lamps, DOE
is considering whether to maintain the exemption for these lamps as a group due to its concern with lamp switching.
As stated in the January 2017 Final Rules, DOE recognizes that the lamps listed here may each not be substituted for one another in existing fixtures, but present the potential for lamp switching through the future use of different fixtures. 82 FR 7276, 7295. As indicated by the high sales data of this category presented in the January 2017 Final Rules 82 FR 7276, 7291, DOE
tentatively concludes these lamps to be very common and usable in general lighting applications. For the reasons discussed in the preceding paragraphs 5 See the final determination regarding energy conservation standards for GSILs published on December 27, 2019. 84 FR 71626.

PO 00000

Frm 00012

Fmt 4702

Sfmt 4702

46617

and presented in the January 2017 Final Rules, DOE has tentatively concluded that the basis for discontinuing the exemption for certain T-shape, B, BA, CA, F, G161/2, G25, G30, S, and M14
lamps in this proposal is the best interpretation of the statute. In contrast to the interpretation adopted by DOE in 2019, this proposal best satisfies the intent of Congress and implements the objective of the statutory language of EPCA to conserve energy through regulation of certain energy uses and provide improved energy efficiency of certain consumer products. See 42
U.S.C. 6201. Accordingly, DOE proposes to define these products as GSILs in this proposal. DOE requests information and data, if available, on sales data of Tshape, B, BA, CA, F, G161/2, G25, G30, S, and M14 lamps.
2. Rough Service Lamps, Vibration Service Lamps, Three-Way Incandescent Lamps, and Shatter-Resistant Lamps Under 42 U.S.C. 6295l4, DOE is required to undertake a rulemaking for rough service lamps, shatter-resistant lamps, three-way incandescent lamps, and vibration service lamps when the sales of these lamps meet specified thresholds.6 DOE is also required, in consultation with the National Electrical Manufacturers Association NEMA, to collect sales data for these lamps and construct a model to predict future sales. 42 U.S.C. 6295l4B. DOE must then track the actual sales data, and when sales exceed sales projected by the model by 100 percent, DOE must initiate an energy conservation standard rulemaking. 42 U.S.C. 6295l4D, E, F, H. If DOE does not complete the accelerated rulemaking in the specified time period, it must impose a backstop requirement for that lamp. 42 U.S.C.
6295l4Dii, Eii, Fii, Hii.
In the January 2017 Final Rules, DOE
determined that the rulemaking provisions at 42 U.S.C. 6295l4 were not the only way in which DOE can regulate these lamps. 82 FR 7276, 7296.
DOE noted that the text of 42 U.S.C.
6295i and 42 U.S.C. 6295l4 does not state that the 42 U.S.C. 6295l4
process operates to the exclusion of regulating these lamps as GSLs and that the provisions under 42 U.S.C.
6295l4 could be complementary to regulation of these lamps as GSLs. Id.
Based in part on the potential for these lamp types to serve as replacements to 6 Lamps that otherwise would be GSILs but for having a lumen range between 2,6013,300
referred to in 42 U.S.C. 6295l4 as 2,6013,300
lumen general service incandescent lamps were defined in the January 2017 Final Rules as GSLs but not GSILs, and therefore are not addressed in this section.

E:FRFM19AUP1.SGM

19AUP1