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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules alternatives as a basis upon which to discontinue exemptions for specialty lamp types. 84 FR 46661, 46668. DOE
explained that this type of consideration was not explicitly provided in the statute and agreed with commenters that such consideration went beyond the authority granted DOE by Congress. 84
FR 46661, 4666846669.
Upon further review, the arguments presented in the September 2019
Withdrawal Rule incorrectly describe the rationale for including candelabra base lamps as GSLs in the January 2017
Final Rules. The arguments address discontinuing an exemption from the GSIL definition; however, in the January 2017 Final Rules, candelabra base lamps were determined to be GSLs under the provision of the GSL definition that includes any other lamps that the Secretary determines are used to satisfy lighting applications traditionally served by general service incandescent lamps. 82 FR 7276, 7312; See also 42
U.S.C. 629130BBiIV. Candelabra base lamps are not covered under the definition of GSILs because they do not have a medium screw base See 42
U.S.C. 629130DiII, but the January 2017 Final Rules did not consider candelabra base lamps to be GSILs. Instead, such lamps were covered as GSLs. 82 FR 7276, 7312.
DOE has preliminarily reverted to its position from the January 2017 Final Rules that relevant criteria for discontinuing an exemption for an incandescent lamp are whether the exemption encompasses lamps that can provide general illumination and whether the exempt lamps can functionally be ready substitutes for lamps already covered as GSLs. 82 FR
7276, 7288. It may be appropriate to discontinue an exemption even though current sales are relatively low, if technical characteristics of the exempted lamps make them likely to serve as ready substitutes for GSLs once GSL standards are in place. Further, for a lamp to satisfy a lighting application traditionally served by general service incandescent lamps, the lamp does not have to fit into an existing fixture served by a lamp currently defined as a GSL.
As discussed, DOE has evaluated whether a lamp is capable of providing overall illumination. In the January 2017 Final Rules, DOE did not limit its consideration of an application traditionally served by GSIL to the ability to replace a lamp in a fixture currently used by a consumer that had been using a traditional incandescent lamp. 82 FR 7276, 7293. DOE noted in the January 2017 Final Rules, and reaffirms in this proposal, that lighting in homes that traditionally was
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provided by A shape lamps in floor and table fixtures is being provided in newer construction through reflector lamps in recessed lighting. Id. DOE expects that markets will shift in response to GSL
standards, and would expect some substitution of fixtures to occur as part of substituting non-GSL lamps for GSLs.
While NEMA has cited declining shipments as a reason to not discontinue an exemption, declining shipments do not correlate to a decline in the demand for lighting in a particular application. NEMA has submitted data showing that GSIL
shipments in 2018 were 17 percent of what they were in 2001. NEMA, No. 88
at p. 23.8 However, DOE does not believe that this translates to an 83
percent decrease in demand for light in general lighting applications. It is more likely that consumers are switching to other products that serve in the same application. NEMA stated that it expects 71 percent of GSL sockets to be occupied by LED lamps and 19 percent to be occupied by CFLs by the end of 2021, increasing to 87 percent and 7
percent respectively by the end of 2023.
NEMA, No. 88 at p. 4.9 As lamps continue to be purchased in general lighting applications, the demand for light remains; thus, declining incandescent lamp shipments is not, on its own, an indication that the lamp is a specialty product or serves in a specialty application.
DOE has reviewed the definition of GSL as set forth in the January 2017
Final Rules and has preliminarily determined that the definition is consistent with the best reading of EPCA because it implements the objectives of the statute. DOE has considered all aspects of the GSL
definition and has preliminarily identified the criteria pertinent to lamps that serve in general lighting applications and also preliminarily identified specialty products that should be exempt from the definition of GSL. Based on the discussion presented in this NOPR and that presented in the January 2017 Final Rules, DOE proposes a definition of GSL as set forth in the January 2017 Final Rules, which included candelabra base lamps and other lamps as GSLs based on the use of such lamps to satisfy lighting applications traditionally served by GSILs.
DOE is proposing to define general service lamp as a lamp intended to 8 This
comment was submitted in response to DOEs proposal in September 2019 to not amend standards for GSILs. See docket number EERE
2019BTSTD0022.
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serve in general lighting applications and that has the following basic characteristics: 1 An ANSI base with the exclusion of light fixtures, LED
downlight retrofit kits, and exemptions for specific base types; 2 a lumen output of greater than or equal to 310
lumens and less than or equal to 3,300
lumens; 3 an ability to operate at or between 12 V, 24 V, 100 to 130 V, 220
to 240 V, or 277 V; and 4 no designation or label for use in nongeneral applications.
Regarding the fourth criteria, as in the January 2017 Final Rules, DOE proposes listing in the GSL definition each of the non-general applications identified or lamps used in such applications in order to clearly define the scope of the definition. Specifically, DOE proposes that general service lamp does not include: Appliance lamps; black light lamps; bug lamps; colored lamps; G
shape lamps with a diameter of 5 inches or more as defined in ANSI C79.12002;
general service fluorescent lamps; high intensity discharge lamps; infrared lamps; J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not have Edison screw bases; lamps that have a wedge base or prefocus base; left-hand thread lamps; marine lamps; marine signal service lamps; mine service lamps; MR shape lamps that have a first number symbol equal to 16 diameter equal to 2 inches as defined in ANSI
C79.12002, operate at 12 volts, and have a lumen output greater than or equal to 800; other fluorescent lamps;
plant light lamps; R20 short lamps;
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; 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 C79.12002; sign service lamps;
silver bowl lamps; showcase lamps;
specialty MR lamps; 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 traffic signal lamps. As discussed in the following section, the proposed definition of GSL
does not maintain the existing exemption for IRLs.
E. Incandescent Reflector Lamps In the January 2017 Final Rules, DOE
found that IRLs are widely used for general illumination just as GSILs are.
82 FR 7322, 7325. DOE continued that,
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