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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Proposed Rules
if EPCA mandated that IRLs continue being exempt from the definition of GSL, then they would present a convenient alternative product, subject to much less stringent standards than GSLs. Id. DOE further found that the statute did not unambiguously indicate that DOE must maintain the IRL
exemption. Id. DOE acknowledged that the statute exempts IRLs from the definition of GSL and separately exempts reflector lamps from the definition of GSL because reflector lamps are a bulb shape excluded from the GSIL definition. Id. See also 42
U.S.C. 629130BBiiII; 42 U.S.C.
629130DiiXI. However, DOE
found the reference to reflector lamps in the GSIL list of exempted lamps to be of a narrower scope than IRLs. 82 FR
7322, 73257326.
Based on its reading of EPCA and the listing of reflector lamp as a lamp exempted from the definition of GSIL
42 U.S.C. 629130DiiXI and the exemption of incandescent reflector lamps from the definition of GSL 42
U.S.C. 629130BBiiII, DOE
understands that it had two tasks regarding exemptions relevant for these lamps: With respect to reflector lamps, DOEs task is to assess whether as one of the relatively narrow twentytwo listed lamp typesthe scope of which the statute does not make clear these lamps have uses in general illumination, and whether sales data and other evidence indicate that such lamps are ready substitutes for lamps that are already included as GSLs; and for IRLs, DOE was required to analyze whether, in light of sales data and other evidence, such lamps are an important enough substitute for lamps already included as GSLs to warrant discontinuing their exemption. 82 FR
7322, 7326. DOE determined in both instances that the discontinuation of the exemption was warranted. 82 FR 7276, 7293; 82 FR 7322, 73297330.
In the September 2019 Withdrawal Rule, DOE stated that, upon additional review, DOE understands Congresss express statements in two distinct provisions that IRLs are not GSLs should be interpreted as meaning that Congress intended that DOE not consider IRLs to be GSLs. 84 FR 46661, 46667. DOE noted that it continues to have the authority to establish energy conservation standards applicable to IRLs under separate requirements set by Congress in 42 U.S.C. 6295i3. Id.
Upon further review, DOE is reconsidering whether DOE has the authority to include IRLs as GSILs and/
or GSLs. The September 2019
Withdrawal Rule concluded that because IRLs were twice excluded from
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the statute, once from the GSIL
definition in 42 U.S.C.
629130DiiXI and once from the GSL definition in 42 U.S.C.
629130BBiiII, that means Congress did not want the Secretary to include IRLs within the definition of GSL. 84 FR
46661, 46666. However, the authorization in EPCA for the Secretary to evaluate whether an exemption is to be continued does not limit such an evaluation to those lamps exempted by definition only once. Therefore, in this NOPR, DOE is reviewing its position in the September 2019 Withdrawal Rule that EPCA precludes consideration of the exemption for IRLs simply because they were exempted twice. 42 U.S.C.
6295i6AiII authorizes DOE to decide not to maintain IRLs as exempt and, as such, DOE proposes to amend the definitions of GSIL and GSL to discontinue the exemptions for these products. As also presented in the January 2017 Final Rules, DOE proposes to exempt from the definition of GSL
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 E26/24, E26d, E26/50x39, E26/53x39, E29/28, E29/
53x39, E39, E39d, EP39, or EX39 bases because they do not and likely cannot have equivalent replacements using more efficient technology. 82 FR 7276, 7310. This is consistent with the definitions adopted in the January 2017
Final Rules.
F. Supplemental Definitions In the January 2017 Final Rules, DOE
set forth a series of definitions in support of the statutory use of the terms and the amended definitions for GSL
and GSIL. Specifically, DOE set forth definitions for Black light lamp, Bug lamp, Colored lamp, General service light-emitting diode LED
lamp, General service organic lighting-emitting diode OLED lamp, Infrared lamp, Integrated lamp, LED Downlight Retrofit Kit, Lefthand thread lamp, Light fixture, Marine lamp, Marine signal service lamp, Mine service lamp, Nonintegrated lamp, Other fluorescent lamp, Pin base lamp, Plant light lamp, Reflector lamp, Showcase Lamp, Sign service lamp, Silver bowl lamp, Specialty MR
lamp, and Traffic signal lamp. DOE
also revised the definition of designed and marketed. 82 FR 7276, 73217322.
In the September 2019 Withdrawal Rule, DOE withdrew the supporting definitions finding them no longer necessary given the withdrawal of the amended definitions of GSL and GSIL.
84 FR 46661, 46662.

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In this NOPR, DOE is proposing supporting definitions for those terms as set forth in the January 2017 Final Rules. DOE notes that the terms for which definitions are proposed are used both in the statutory definitions of GSL
and GSIL, and the proposed regulatory definitions for GSL and GSIL. As presented in the January 2017 Final Rules, DOE has based the proposed definitions for these supplementary terms on a review of the market and input from stakeholders. 82 FR 7276, 73127316. As the supporting definitions define statutory terms, DOE
initially finds these definitions necessary even in the absence of amended GSL and GSIL definitions.
G. Proposed Effective Date For the proposed changes to amend the definition of GSL and GSIL in this NOPR, DOE is proposing a 60-day effective date. If finalized, lamps included in these amended definitions would be subject to any applicable standards for GSLs and GSILs. While this notice does not propose any new or amended standards or address the applicability of the 45 lm/W backstop requirement, DOE is reconsidering its previous conclusion regarding the applicability of EPCAs 45 lm/W
backstop provision and has issued an RFI to that effect. 86 FR 28001 May 25, 2021. In that rulemaking, DOE will address application of standards for those lamps proposed in this NOPR to be GSLs or GSILsincluding, if determined to be applicable, the implementation of the 45 lm/W
backstop requirementand, consequently, the dates of required compliance for GSLs and GSILs.
DOE requests comment on the effective date for the definitions proposed in this NOPR were such definitions to be made final.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866
The Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget OMB waived Executive Order 12866
E.O. 12866, Regulatory Planning and Review review of this rule.
B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 requires preparation of an initial regulatory flexibility analysis IRFA for any rule
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