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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

regulated GSLs, DOE discontinued the exemption for rough service lamps, shatter-resistant lamps, three-way incandescent lamps and vibration service lamps in the January 2017 Final Rules. Id.
In the September 2019 Withdrawal Rule, DOE determined that, since these lamps are subject to standards in accordance with a specific regulatory process under 42 U.S.C. 6295l4, there is no need to undertake an additional process for determining whether to establish energy conservation standards for these lamp types as GSLs under 42
U.S.C. 6295i6Ai. 84 FR 46661, 46666. DOE explained that doing so would potentially subject these lamps types to two separate standards and potentially create confusion among regulated entities. Id. Moreover, DOE
noted that the regime for potential regulation of these lamp types was added to the statute in the same enactment that required DOE to consider standards for GSLs, and in both instances the criteria stated in the statute for consideration for standards includes consideration of sales of the subject lamps. Id. In the September 2019
Withdrawal Rule, DOE read the inclusion of sales consideration in both 42 U.S.C. 6295i6Ai and 42 U.S.C.
6295l4 as an indication that Congress intended the two rulemaking provisions to be exclusive of one another. Id.
In this NOPR, DOE is reconsidering whether the separate regulatory process under 42 U.S.C. 6295l4 precludes these lamp types from becoming GSILs, and subsequently GSLs. The September 2019 Withdrawal Rule did not consider that other lamps potentially subject to standards as GSLs also have statutorily prescribed standards, namely, GSILs and medium base CFLs. See Section 321a3 of the Energy Independence and Security Act of 2007 Pub. L. 110
140; EISA; 7 42 U.S.C. 6295bb. That lamps subject to statutory standards are also expressly GSLs subject to GSL
standards indicates that coverage under more than one statutory scheme is not precluded under the statute.
Further, upon a review of how Congress has amended EPCA, DOE has tentatively concluded that standards for these exempt lamp types are not to be developed only in accordance with 42
U.S.C. 6295l4A. Section 325l4 of 7 Section 321 added statutorily prescribed standards for GSILs as section 325i1A of EPCA.
But because of an apparent conflict with Section 322b of EISA, which purported to strike section 325i1 in its entirety and replace it with a different text, this provision was never codified in the U.S. Code. DOE has issued regulations implementing this uncodified provision at 10 CFR
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EPCA requires DOE to prescribe an energy efficiency standard for rough service lamps, vibration service lamps, three-way incandescent lamps, 2,601
3,300 lumen general service incandescent lamps, and shatterresistant lamps in accordance with this paragraph. 42 U.S.C. 6295l4A.
Prior to 2012, that provision instead required DOE to prescribe standards for such lamps only in accordance with this paragraph. 42 U.S.C. 6295l4A
2011 emphasis added. In amendments under the American Energy Manufacturing Technical Corrections Act, Public Law 112210, 10a8, 126 Stat. 1513, 1524 2012
AEMTCA, Congress removed the word only, signaling that DOEs obligation to consider discontinuing the exemptions for certain incandescent bulbs under 42 U.S.C.
6295i6AiII also applies to the five tracked lamps.
With regard to rough service lamps, vibration service lamps, three-way incandescent lamps, and shatterresistant lamps, as presented in the January 2017 Final Rules, DOE
tentatively concludes that such lamps have the potential for use in general lighting applications traditionally served by GSILs. DOE acknowledges that higher wattage three-way incandescent lamps may not be able to be used in all existing fixtures in which lamps currently defined as GSILs are used e.g., A19 shape lamps. However, the ability to serve as a lighting application traditionally served by GSILs is not limited by existing fixtures.
As discussed, the fixtures used to serve general lighting applications may change over time, and therefore DOE
considers whether a lamp can provide general illumination as a criterion for discontinuing an exemption. Regarding the shatter-resistant lamps, such lamps are capable of providing overall illumination despite the lower lumen output resulting from the shatterresistant coating. DOE has also found that a 60 W shatter-resistant lamp is still a suitable replacement for a 40 W
standard incandescent lamp. See 82 FR
7276, 7297. Shatter-resistant lamps are similar to rough service and vibration service lamps. Whereas rough service and vibration service lamps possess a filament strengthened with additional supports, shatter-resistant lamps possess a reinforced outer bulb to contain glass pieces in the event that the bulb breaks.
As stated in the January 2017 Final Rules, for all three lamp types, the consumer may be under the impression that they are purchasing primarily a more durable product rather than a
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lamp with subpar performance. Id.
Furthermore, as provided in the January 2017 Final Rules, for all three of these lamp types, LED versions inherently provide the consumer the desired functionality in the sense that LED
lamps do not have metal filaments and typically do not use glass outer bulbs.
Id.
For these reasons and the basis presented in the January 2017 Final Rules, DOE proposes to discontinue the exemptions for these products.
D. Other GSLs As discussed, the definition of general service lamp includes specific categories of lamps, along with any other lamps that the Secretary determines are used to satisfy lighting applications traditionally served by general service incandescent lamps. 42
U.S.C. 629130BBi. In the January 2017 Final Rules, DOE previously determined that any other lamps that are intended to serve in general lighting applications and have specific features would meet the statutory criterion of lamps used to satisfy lighting applications traditionally served by GSILs. 82 FR 7276, 7300.
Although DOE had determined that several types of lamps exempted from the statutory definition of GSL are used to satisfy lighting applications traditionally served by general service incandescent lamps and therefore should be classified as GSLs 82 FR
7276, 73007312, the September 2019
Withdrawal Rule limited consideration of such lamps to only candelabra base lamps. Then, with respect to candelabra base lamps, the September 2019
Withdrawal Rule concluded that, as a pure matter of law, a candelabra base lamp cannot be a GSIL because EPCA
defines a GSIL, in part, as having a medium-screw base. 84 FR 46661, 4666846669. The September 2019
Withdrawal Rule also suggested that data submitted by NEMA in response to the NOPR to withdraw the January 2017
Final Rules indicated that shipments of candelabra base incandescent lamps had been in a continuous decline since 2011
and there was no evidence of increasing shipments. 84 FR 46661, 46669. Because sales data is the one explicit factor Congress provided in determining whether exemptions for certain incandescent lamps should be maintained or discontinued in 42 U.S.C.
6295i6AiII, DOE gave this manufacturer data considerable weight in the September 2019 Withdrawal Rule. 84 FR 46661, 46669.
The September 2019 Withdrawal Rule also stated that DOE was no longer using convenient unregulated
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