Energy Conservation Program: Test Procedure for Ceiling Fan Light Kits, 13648-13663 [2022-04764]
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13648
Proposed Rules
Federal Register
Vol. 87, No. 47
Thursday, March 10, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE–2019–BT–TP–0024]
RIN 1904–AE51
Energy Conservation Program: Test
Procedure for Ceiling Fan Light Kits
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and announcement of public meeting.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) proposes to amend the
test procedure for ceiling fan light kits
(‘‘CFLKs’’). DOE proposes to update
references to industry standards to their
latest versions and incorporate industry
standards necessary for executing the
test; to allow for the use of a
goniophotometer; to revise definitions
regarding CFLKs with solid-state
lighting (‘‘SSL’’) light sources to clarify
the scope and test methods for CFLKs;
and to remove obsolete provisions. DOE
is seeking comment from interested
parties on the proposal.
DATES: DOE will accept comments, data,
and information regarding this proposal
no later than May 9, 2022. See section
V, ‘‘Public Participation,’’ for details.
DOE will hold a webinar on Monday,
April 11, 2022, from 1:00 p.m. to 2:30
p.m. See section V, ‘‘Public
Participation,’’ for webinar registration
information, participant instructions,
and information about the capabilities
available to webinar participants. If no
participants register for the webinar, it
will be cancelled.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov, under docket
number EERE–2019–BT– TP–0024.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments by email
to CFLK2019TP0024@ee.doe.gov.
Include docket number EERE–2019–BT–
TP–0024 in the subject line of the
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SUMMARY:
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message. No telefacsimiles (‘‘faxes’’)
will be accepted. For detailed
instructions on submitting comments
and additional information on this
process, see section V of this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing coronavirus 2019 (‘‘COVID–
19’’) pandemic. DOE is currently
suspending receipt of public comments
via postal mail and hand delivery/
courier. If a commenter finds that this
change poses an undue hardship, please
contact Appliance Standards Program
staff at (202) 586–1445 to discuss the
need for alternative arrangements. Once
the COVID–19 pandemic health
emergency is resolved, DOE anticipates
resuming all of its regular options for
public comment submission, including
postal mail and hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts (if a public
meeting is held), comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
www.regulations.gov/docket?D=EERE2019-BT-TP-0024. The docket web page
contains instructions on how to access
all documents, including public
comments, in the docket. See section V
for information on how to submit
comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1943. Email
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Amelia Whiting, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
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SW, Washington, DC 20585–0121.
Telephone: (202) 586–2588. Email:
Amelia.Whitting@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in a public meeting (if one is held),
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
proposes to maintain a previously
approved incorporation by reference
and to incorporate by reference the
following industry standards into 10
CFR part 430:
ANSI/IES LM–9–20—Approved Method:
Electrical and Photometric Measurement
of Fluorescent Lamps, Approved
February 7, 2020 (‘‘IES LM–9–20’’).
ANSI/IES LM–54–20—Approved Method:
IES Guide to Lamp Seasoning, Approved
February 7, 2020 (‘‘IES LM–54–20’’).
IESNA LM–75–01/R12—Goniophotometer
Types and Photometric Coordinates,
Approved August 4, 2001.
IES LM–78–17—Approved Method: Total
Flux Measurement of Lamps Using an
Integrating Sphere, Approved January 9,
2017.
ANSI/IES LM–78–20—Approved Method:
Total Luminous Flux Measurement of
Lamps Using an Integrating Sphere
Photometer, Approved February 7, 2020
(‘‘IES LM–78–20’’).
ANSI/IES LM–79–19—Approved Method:
Optical and Electrical Measurements of
Solid-State Lighting Products, Approved
February 28, 2019 (‘‘IES LM–79–19’’).
Copies of IES LM–9–20, IES LM–54–
20, IESNA LM–75–01/R12, IES LM–78–
17, IES LM–78–20, and IES LM–79–19
can be obtained by going to https://
www.ies.org/store.
For a further discussion of these
standards, see section IV.M.
Table of Contents
I. Authority and Background
A. Authority
B. Background
C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed
Rulemaking
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
1. IES LM–9
2. IES LM–79
C. Proposed Amendments to Appendix V1
1. Revising Definitions for CFLKs with SSL
Light Sources
2. Photometric Measurements
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D. Proposed Amendments to Appendix V
E. Proposed Amendments to 10 CFR
429.33, 10 CFR 430.23, and 10 CFR
430.32.
F. Reporting
G. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
2. Harmonization
H. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Incorporated
by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared
General Statements for Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
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I. Authority and Background
DOE’s energy conservation standards
and test procedures for CFLKs are
currently prescribed at title 10 of the
Code of Federal Regulations (‘‘CFR’’),
part 430 section 32(s), 10 CFR part 430,
subpart B, appendix V (‘‘Appendix V’’),
and 10 CFR part 430, subpart B,
appendix V1 (‘‘Appendix V1’’). The
following sections discuss DOE’s
authority to establish test procedures for
CFLKs and relevant background
information regarding DOE’s
consideration of test procedures for this
product.
A. Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
DOE to regulate the energy efficiency of
a number of consumer products and
certain industrial equipment. (42 U.S.C.
6291–6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
1 All references to EPCA in this document refer
to the statute as amended through the Infrastructure
Investment and Jobs Act, Public Law 117–58 (Nov.
15, 2021).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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variety of provisions designed to
improve energy efficiency. These
products include CFLKs, the subject of
this document. (42 U.S.C. 6291(50), 42
U.S.C. 6293(16)(A)(ii), 42 U.S.C.
6295(ff)(2)–(5))
The energy conservation program
under EPCA consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291), test procedures (42
U.S.C. 6293), labeling provisions (42
U.S.C. 6294), energy conservation
standards (42 U.S.C. 6295), and the
authority to require information and
reports from manufacturers (42 U.S.C.
6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products must
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making other
representations about the efficiency of
those consumer products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Federal energy efficiency
requirements for covered products
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C. 6297)
DOE may, however, grant waivers of
Federal preemption for particular State
laws or regulations, in accordance with
the procedures and other provisions of
EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA requires that any test procedures
prescribed or amended under this
section be reasonably designed to
produce test results which measure
energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
EPCA, as codified, directs DOE to
establish test procedures for CFLKs
based on the test procedures referenced
in the Energy Star specifications for
Residential Light Fixtures and Compact
Fluorescent Light Bulbs, as in effect on
August 8, 2005. EPCA also specifies that
once established, DOE may review and
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revise the test procedures. (42 U.S.C.
6293(b)(16))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
product, including CFLKs, to determine
whether amended test procedures
would more accurately or fully comply
with the requirements for the test
procedures to not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle or period of use. (42 U.S.C.
6293(b)(1)(A))
If the Secretary determines, on her
own behalf or in response to a petition
by any interested person, that a test
procedure should be prescribed or
amended, the Secretary shall promptly
publish in the Federal Register
proposed test procedures and afford
interested persons an opportunity to
present oral and written data, views,
and arguments with respect to such
procedures. The comment period on a
proposed rule to amend a test procedure
shall be at least 60 days and may not
exceed 270 days. In prescribing or
amending a test procedure, the
Secretary shall take into account such
information as the Secretary determines
relevant to such procedure, including
technological developments relating to
energy use or energy efficiency of the
type (or class) of covered products
involved. (42 U.S.C. 6293(b)(2)). If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE
amend its test procedures for all covered
products to integrate measures of
standby mode and off mode energy
consumption. (42 U.S.C. 6295(gg)(2)(A))
Standby mode and off mode energy
consumption must be incorporated into
the overall energy efficiency, energy
consumption, or other energy descriptor
for each covered product unless the
current test procedures already account
for and incorporate standby and off
mode energy consumption or such
integration is technically infeasible. If
an integrated test procedure is
technically infeasible, DOE must
prescribe a separate standby mode and
off mode energy use test procedure for
the covered product, if technically
feasible. (42 U.S.C. 6295(gg)(2)(A)(ii))
Any such amendment must consider the
most current versions of the
International Electrotechnical
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Commission (‘‘IEC’’) Standard 62301 3
and IEC Standard 62087 4 as applicable.
(42 U.S.C. 6295(gg)(2)(A))
DOE is publishing this notice of
proposed rulemaking (‘‘NOPR’’) in
satisfaction of the 7-year review
requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE’s existing test procedure for
CFLKs appears at title 10 of the CFR
part 430, subpart B, appendix V
(‘‘Uniform Test Method for Measuring
the Energy Consumption of Ceiling Fan
Light Kits With Pin-Based Sockets for
Fluorescent Lamps’’) and title 10 of the
CFR part 430, subpart B, appendix V1
(‘‘Uniform Test Method for Measuring
the Energy Consumption of Ceiling Fan
Light Kits Packaged With Other
Fluorescent Lamps (not Compact
Fluorescent Lamps or General Service
Fluorescent Lamps), Packaged With
Other SSL Lamps (not Integrated LED
[light-emitting diode] Lamps), or With
Integrated SSL Circuitry’’).
On December 24, 2015, DOE
published a final rule (‘‘December 2015
Final Rule’’) making two key updates to
its CFLK test procedure. 80 FR 80209
(Dec. 24, 2015) First, DOE updated the
CFLK test procedure to require that
representations of efficacy, including
certifications of compliance with CFLK
standards, be made according to the
corresponding DOE lamp test
procedures, where they exist (e.g., for a
CFLK with medium screw base sockets
that is packaged with compact
fluorescent lamps (‘‘CFLs’’), the CFLK
test procedure references the DOE test
procedure for CFLs at 10 CFR
430.23(y)). 80 FR 80209, 80211. Second,
DOE updated the CFLK test procedure
by establishing in a separate appendix,
i.e., appendix V1, the test procedure for
CFLKs packaged with inseparable light
sources that require luminaire efficacy
testing (e.g., CFLKs with integrated SSL
circuitry) and for CFLKs packaged with
lamps for which DOE test procedures
did not exist. 80 FR 80209, 80212. With
these changes, the December 2015 Final
Rule aligned CFLK requirements for
measuring efficacy of lamps and/or light
sources in CFLKs with current DOE
lamp test procedures.
The December 2015 Final Rule also
replaced references to superseded
ENERGY STAR requirements with the
latest versions of industry standards in
appendix V, the test procedure for
measuring system efficacy of the lampand-ballast platform. Additionally, for
ease of reference, the final rule replaced
references to ENERGY STAR
requirements in existing CFLK
standards contained in 10 CFR 430.32(s)
with the specific requirements. 80 FR
80209, 80211. Further, in that final rule,
DOE determined that it accounts for
standby mode energy consumption of
CFLKs under the efficiency metric for
ceiling fans rather than under the CFLK
efficiency metric; and therefore, did not
specify a standby mode test procedure
for CFLKs. 80 FR 80209, 80212.
Representations regarding CFLKs
subject to the January 21, 2020
standards must be based on the
amended test procedure, including
appendix V1.5 See 80 FR 80209, 80220;
81 FR 580 (January 6, 2016); 83 FR
22587 (May 16, 2018).
On August 6, 2021, DOE published a
NOPR amending the certification
requirements for CFLKs (‘‘August 2021
NOPR’’). 86 FR 43120 (Aug. 6, 2021) In
the August 2021 NOPR, DOE proposed
to update the reporting requirements for
CFLKs to address the January 21, 2020
standards and remove the reporting
requirements for the January 1, 2007
standards. The August 2021 NOPR
proposed to align the CFLK certification
reporting requirements at 10 CFR 429.33
with the CFLK energy conservation
standards relating to: (a) Efficacy for
light sources in CFLKs; (b) lumen
maintenance, lifetime, and rapid cycle
stress testing for medium screw base
CFLs in CFLKs; (c) electronic ballasts
for pin-based fluorescent lamps in
CFLKs; (d) test sample size; and (e) kind
of lamp. 86 FR 43126, 43128.
EPCA requires DOE to review test
procedures for covered products at least
once every 7 years. 42 U.S.C.
6293(b)(1)(A) DOE initiated the first step
in the 7 year review process by
publishing a request for information
(‘‘RFI’’) document on May 4, 2021
(‘‘May 2021 RFI’’), which identified
specific issues on which DOE seeks
input to aid in its analysis of whether
an amended test procedure for CFLKs
would more accurately or fully comply
with the requirement that the test
procedure produces results that measure
energy use during a representative
average use cycle for the product, and
not be unduly burdensome to conduct.
86 FR 23635.
DOE received comments in response
to the May 2021 RFI from the interested
parties listed in Table I.1.
TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE MAY 2021 RFI
Commenter(s)
Reference in this NOPR
kecaph ...................................................................................
American Lighting Association ..............................................
California Investor-Owned Utilities ........................................
kecaph ..................................................................................
ALA .......................................................................................
CA IOUs ...............................................................................
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.6
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C. Deviation From Appendix A
In accordance with section 3(a) of 10
CFR part 430, subpart C, appendix A
3 IEC 62301, Household electrical appliances—
Measurement of standby power (Edition 2.0, 2011–
01).
4 IEC 62087, Audio, video and related
equipment—Methods of measurement for power
consumption (Edition 1.0, Parts 1–6: 2015, Part 7:
2018). 1–04).
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Commenter type
Private Citizen.
Trade Association.
Utilities.
(‘‘appendix A’’), DOE notes that it is
deviating from the provision in
appendix A regarding publication of an
additional pre-NOPR rulemaking
document. Section 8(b) of appendix A.
DOE is opting to deviate from this step
because, as discussed in the following
section DOE’s proposal is limited to
updating the referenced version of the
applicable industry standard, proposing
certain terminology changes, and
deleting an obsolete reference. DOE has
tentatively determined the proposals do
not require consideration of test data or
market data that would typically be
requested through an additional pre-
5 DOE published a final rule that changed the
compliance date from January 7, 2019 to January 21,
2020 to comply with Public Law 115–161, ‘‘Ceiling
Fan Energy Conservation Harmonization Act’’ (the
‘‘Act’’), which was signed into law on April 3, 2018.
83 FR 22587 (May 16, 2018). The Act amended the
compliance date for CFLK standards to establish a
single compliance date for the energy conservation
standards for both CFLKs and ceiling fans. Id.
6 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for CFLKs.
(Docket No. EERE–2019–BT–TP–0024, which is
maintained at www.regulations.gov). The references
are arranged as follows: (Commenter name,
comment docket ID number at page of that
document).
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NOPR rulemaking document, such as an
RFI or notice of data availability.
II. Synopsis of the Notice of Proposed
Rulemaking
In this NOPR, DOE proposes to
update 10 CFR 430.23(x), appendix V,
and appendix V1 as follows: (1) Update
references to industry standards to their
latest versions and incorporate industry
standards necessary for executing the
test; (2) modify appendix V1 to allow for
the use of a goniophotometer; (3) revise
definitions regarding CFLKs with SSL
light sources in appendix V1 to clarify
the scope and test methods for CFLKs;
and (4) remove appendix V, the test
procedure that must be used for CFLKs
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with pin-based sockets that are
manufactured on or after January 1,
2007, and prior to January 21, 2020 and
rename appendix V1 as appendix V.
DOE’s proposed actions are
summarized in Table II.1 compared to
the current test procedure as well as the
reason for the proposed change.
TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE
Current DOE test procedure
Proposed test procedure
Attribution
References the 2009 version of IES LM–9 for taking
electrical and photometric measurement of fluorescent lamps in appendix V1.
References the 2008 version of IES LM–79, which
provides methods for taking electrical and photometric measurements of SSL products in appendix
V1.
Does not incorporate IES LM–54, the industry standard for lamp seasoning, in appendix V1.
Does not incorporate IES LM–78, the industry standard for measurements in an integrating sphere, in
appendix V1.
Adopts the latest version, i.e., 2020, of the referenced industry standard.
Harmonize with updated industry
standards.
Adopts the latest version, i.e., 2019, of the referenced industry standard.
Harmonize with updated industry
standards.
Adopts IES LM–54 which is referenced for lamp
seasoning in IES LM–9.
Adopts IES LM–78–20 which is referenced for integrating sphere measurements in IES LM–9 and
adopts IES LM–78–17 which is referenced for integrating sphere measurements in IES LM–79.
Updates the term names and definitions for ‘‘CFLK
with integrated SSL circuitry’’ and ‘‘other SSL
products,’’ to ‘‘CFLK with non-consumer-replaceable SSL circuitry’’ and ‘‘CFLK with consumer-replaceable SSL circuitry,’’ respectively. Updates
the definitions for these terms.
Removes appendix V ................................................
Industry standard addition in test
procedure.
Industry standard addition in test
procedure.
Defines ‘‘CFLK with integrated SSL circuitry’’ and
‘‘other SSL products’’ in appendix V1.
References appendix V and appendix V1 ..................
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Does not allow the use of a goniophotometer ............
DOE has tentatively determined that
the proposed amendments described in
section III of this NOPR would not alter
the measured efficiency of CFLKs or
require retesting or recertification solely
as a result of DOE’s adoption of the
proposed amendments to the test
procedures, if made final. DOE has
tentatively determined that the
proposed amendments described in
section III of this NOPR are reasonably
designed to more accurately measure
energy efficiency for CFLKs during a
representative average use cycle and are
not overly burdensome to conduct.
Additionally, DOE has tentatively
determined that the proposed
amendments, if made final, would not
increase the cost of testing. Discussion
of DOE’s proposed actions are addressed
in detail in section III of this NOPR.
III. Discussion
Although the May 2021 RFI requested
comments, information and data
regarding several specific issues, DOE
welcomed written comments from the
public on any subject within the scope
of the document (including topics not
raised in the RFI). In response to the
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Allows the use of a goniophotometer and adopts
IESNA LM–75, which is referenced for
goniophotometer measurements in IES LM–79.
May 2021 RFI, DOE received several
general comments. Kecaph stated that
ceiling fan lights need to be inspected
and that the public is not going to pay
for light fixtures that are not working
properly. (kecaph, No. 2 at p. 1)
Regarding early assessment RFIs, the CA
IOUs reiterated their recent comments
to DOE’s NOPR on Procedures,
Interpretations, and Policies for
Consideration in New or Revised Energy
Conservation Standards and Test
Procedures for Consumer Products and
Commercial/Industrial Equipment
(‘‘Process Rule’’). The CA IOUs
generally supported DOE’s proposal to
remove inactive components of the test
procedure and update references to
industry resources, but the CA IOUs
believed that early assessment RFIs are
largely unnecessary. Instead, the CA
IOUs recommended that DOE return to
the publication of a RFI as the first step
of a rulemaking. (CA IOUs, No. 3 at pp.
1–2)
As stated in section I.A, DOE is
publishing this NOPR to satisfy the 7year review requirement specified in
EPCA to review test procedures for
CFLKs. The scope of this NOPR does
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Clarifies the categories CFLK
products fall into, and thereby
the test methods (i.e., luminaire
or lamp efficacy) to which they
are subject.
Removes a section of the test procedure that is no longer applicable.
Allows manufacturers flexibility in
testing.
not cover inspection of installed ceiling
fan lights, but rather addresses how to
measure their energy efficiency. The
scope of this notice also does not cover
changes to the Process Rule. More
information regarding updates to the
Process Rule can be found on
www.regulations.gov under docket
number EERE–2021–BT–STD–0003–
0044.
ALA stated that it strongly supported
that all assessments of standby power
continue to be calculated with the
ceiling fan’s standby power. (ALA, No.
4 at p. 2) As discussed in section I.B of
this document, DOE determined in the
December 2015 Final Rule that standby
mode energy consumption of CFLKs is
accounted for under the efficiency
metric for ceiling fans, rather than under
the CFLK efficiency metric; and
therefore did not specify a standby
mode test procedure for CFLKs. 80 FR
80209, 80212. DOE continues to find
this determination valid and therefore is
not proposing a standby mode test
procedure for CFLKs in this NOPR.
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A. Scope of Applicability
This rulemaking addresses the DOE
test procedure for CFLKs. DOE defines
CFLKs as follows:
Ceiling fan light kit means equipment
designed to provide light from a ceiling fan
that can be—(1) Integral, such that the
equipment is attached to the ceiling fan prior
to the time of retail sale; or (2) Attachable,
such that at the time of retail sale the
equipment is not physically attached to the
ceiling fan, but may be included inside the
ceiling fan at the time of sale or sold
separately for subsequent attachment to the
fan.
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10 CFR 430.2
The scope of the test procedure in
appendix V1 covers fluorescent lamps
other than compact fluorescent lamps or
general service fluorescent lamps, SSL
products other than integrated LED
lamps, or integrated SSL circuitry
packaged with CFLKs. To support the
test procedure for CFLKs the following
terms are defined in appendix V1:
‘‘CFLK with integrated SSL circuitry,’’
‘‘Covers,’’ ‘‘Other (non-CFL and nonGSFL) fluorescent lamp,’’ ‘‘Other SSL
products,’’ and ‘‘Solid-State Lighting
(SSL).’’ In the definitions of ‘‘Other SSL
products’’ and ‘‘SSL’’, DOE cites organic
light-emitting diode (‘‘OLEDs’’) as an
example of a type of light source that
uses SSL technology.
ALA stated that no manufacturers
have any plans to use OLEDs in CFLKs.
(ALA, No. 4 at p. 2) DOE has included
OLEDs as an example of SSL technology
because it is a type of light source that
may be used in CFLKs, even if it is not
at present. Therefore, DOE maintains
the use of OLEDs as examples of an SSL
product, to ensure there is an applicable
test procedure for these products.
B. Updates to Industry Standards
The current DOE test procedure for
CFLKs in appendix V1 specifies
instructions for measuring the lamp
efficacy or luminaire efficacy, as
applicable. Appendix V1 incorporates
by reference the 2009 version of
Illuminating Engineering Society
(‘‘IES’’) Lighting Measurement and
Testing (‘‘LM’’)–9 (‘‘IES LM–9–09’’ 7) for
testing ‘‘other fluorescent lamps’’ (i.e.,
not CFLs or general service fluorescent
lamps (‘‘GSFLs’’)) and the 2008 version
of IES LM–79 (‘‘IES LM–79–08’’ 8) for
testing ‘‘other SSL products’’ (i.e., not
integrated LED lamps) and CFLKs with
7 Illuminating Engineering Society, IES LM–9–09
IES Approved Method: Electrical and Photometric
Measurement of Fluorescent Lamps. Approved
January 31, 2009.
8 Illuminated Engineering Society, IES LM–79–08
Approved Method: Electrical and Photometric
Measurements of Solid-State Lighting Products.
Approved December 31, 2007.
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integrated SSL circuitry. Appendix V1
references these industry standards for
test conditions and measurements.
These referenced industry test standards
have been updated by industry since
DOE last amended its test procedures.
IES LM–9–09 has been updated with a
2020 version 9 (IES LM–9–20) and IES
LM–79–08 has been updated with a
2019 version 10 (IES LM–79–19). In
addition, DOE is proposing to
incorporate by reference IES LM–5420, 11 IESNA LM–75–01/R12,12 IES LM–
78–20,13 and IES LM–78–17 14 for
appendix V1. DOE received several
comments on how the changes in the
updated versions of these standards
would impact DOE’s test procedure for
CFLKs.
The CA IOUs suggested, regarding IES
LM–9, LM–54, LM–78, LM–79, and any
other lighting industry test procedures
referenced in the DOE test procedure,
that DOE communicate directly with the
sponsoring bodies to obtain information
regarding the impacts of the proposed
changes to the referenced industry
standards. The CA IOUs suggested that,
in the absence of such information, DOE
commission testing of CFLKs using
currently referenced industry standards
and proposed updates to referenced
industry standards to make an
independent determination. (CA IOUs,
No. 3 at p. 2)
ALA stated that all the LM methods
identified in the May 2021 RFI are
simply updated American National
Standards Institute (‘‘ANSI’’) accredited
versions of LMs currently used. ALA
further stated that it typically supports
updating standards that are backed by
ANSI and have no initial concerns with
making these updates as long as there is
no meaningful difference in the
measured value. (ALA, No. 4 at p. 1)
ALA stated that ALA’s CFLK
manufacturers do not have data to share
that shows the difference between
9 Illuminating Engineering Society, ANSI/IES LM–
9–20 Approved Method: Electrical and Photometric
Measurement of Fluorescent Lamps. Approved
February 7, 2020.
10 Illuminating Engineering Society, ANSI/IES
LM–79–19 Approved Method: Optical and Electrical
Measurements of Solid-State Lighting Products.
Approved February 28, 2019.
11 Illuminating Engineering Society, ANSI/IES
LM–54–20 Approved Method: IES Guide to Lamp
Seasoning, Approved February 7, 2020.
12 Illuminated Engineering Society of North
America, IESNA LM–75–01/R12 Goniophotometer
Types and Photometric Coordinates. Approved
August 4, 2001.
13 Illuminating Engineering Society, ANSI/IES
LM–78–20 Approved Method: Total Luminous Flux
Measurement of Lamps Using an Integrating Sphere
Photometer. Approved February 7, 2020.
14 Illuminating Engineering Society of North
America, IES LM–78–17 IES Approved Method for
Total Flux Measurement of Lamps Using an
Integrating Sphere. Approved January 9, 2017.
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current LMs and updated LMs since
their members focus their testing on
what is currently required under
regulations. (ALA, No. 4 at p. 1) ALA
stated that their members have heard
from other fixture and light source
manufacturers that the measurable
differences are insignificant. ALA stated
that if pre-rulemaking testing proves
otherwise and results in excessive
retesting, ALA CFLK manufacturers will
oppose updates to the LMs as it will be
costly and time consuming. (ALA, No.
4 at pp. 1–2)
DOE has tentatively concluded that
the proposed updates to industry test
standard references do not involve
substantive changes to the test setup
and methodology and therefore do not
pose additional test burden and will
have no impact on test costs. Further,
DOE has tentatively determined that
incorporation by reference of the latest
versions will not change measured
values, better aligns DOE test
procedures with industry practice, and
further increases the clarity of the test
methods. DOE requests comment on its
assessments of the impacts of
incorporating by reference IES LM–9–
20, IES LM–54–20, IESNA LM–75–01/
R12, IES LM–79–19, IES LM–78–20, and
IES LM–78–17 for appendix V1. Each
proposed industry test standard is
discussed in the following sections.
1. IES LM–9
IES LM–9 provides methods for taking
electrical and photometric
measurements of fluorescent lamps.
DOE’s initial review indicates no major
changes in IES LM–9–20 compared to
IES LM–9–09, except for updates to
certain relevant references. Firstly,
section 6.2 of IES LM–9–20 updates its
reference of IES LM–54, the industry
standard for lamp seasoning, from the
1999 version 15 (‘‘IESNA LM–54–99’’) to
the 2020 version (IES LM–54–20).
Secondly, section 7.0 of IES LM–9–20
updates its references of IES LM–78, the
industry standard for measurements in
an integrating sphere, from the 2007
version 16 (‘‘IESNA LM–78–07’’) to the
2020 version (IES LM–78–20). DOE has
tentatively concluded that updates in
IES LM–9–20 would not change final
measured values and proposes to update
references from the 2009 version of IES
LM–9 to the 2020 version in appendix
15 Illuminating Engineering Society of North
America, LM–54–99 IESNA Guide to Lamp
Seasoning, Approved May 10, 1999.
16 Illuminating Engineering Society of North
America, IESNA LM–78–07 IESNA Approved
Method for Total Luminous Flux Measurement of
Lamps Using an Integrating Sphere Photometer.
Approved January 28, 2007.
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V1. These updates are discussed in
detail in the following sections.
Because lamp seasoning is a necessary
part of testing fluorescent lamps in
CFLKs, DOE is proposing to incorporate
by reference IES LM–54–20 for
appendix V1 and to reference it when
referencing IES LM–9–20 in appendix
V1. Because an integrating sphere is a
method used to make necessary
photometric measurements of
fluorescent lamps in CFLKs, DOE is
proposing to incorporate by reference
IES LM–78–20 for appendix V1 and to
reference it when referencing IES LM–
9–20 directly in appendix V1.
(a) IES LM–54
IES LM–54 is the industry standard
for lamp seasoning. Appendix V1
currently references sections of IES LM–
9–09, which reference IESNA LM–54–
99. The 2020 version of IES LM–9,
proposed for incorporation by reference
for appendix V1 in this notice, updated
this reference to IES LM–54–20. The
2020 version of IES LM–54 adds
numerous new sections, which codify
best practices, that labs are likely
already following. Specifically, IES LM–
54–20 adds section 4.0 on physical
environment test conditions that covers
topics such as keeping labs clean and
within the ambient temperature range;
not subjecting lamps to excessive
vibration/shock; and using airflow to
cool the seasoning area. IES LM–54–20
also adds section 5.0 on electrical test
conditions, which includes instructions
on frequency, voltage wave shape, and
voltage regulation; basic lamp
connection protocols; and setting up an
adjacent ground for fluorescent lamps.
Additionally, IES LM–54–20 includes
new section 6.1 on test preparation
which addresses how to handle and
mark lamps. Finally, IES LM–54–20
adds a statement in section 6.2.1.1
expressly stating that the orientation of
the lamp during seasoning should be
maintained for the entire test.
Based on DOE’s knowledge of third
party labs, DOE understands that the
added instructions in IES LM–54–20
regarding the appropriate physical
conditions of the lab, test setup for
taking electrical measurements, and
marking and handling the lamps
physical environment conditions are
basic steps followed by labs when
conducting testing. These basic
instructions are also included in most
up to date industry standards.
Therefore, DOE has tentatively
determined that the additions in IES
LM–54–20 are industry best practices
for taking lamp measurements, and
therefore likely are already being
followed by laboratories. DOE has
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tentatively concluded that the changes
in IES LM–54–20 will allow for further
accuracy in testing but will not impact
final measured values of efficacy.
(b) IES LM–78
IES LM–78 is the industry standard
for taking measurements in an
integrating sphere. Appendix V1
currently references sections of IES LM–
9–09 which reference IESNA LM–78–
07. The 2020 version of IES LM–9,
proposed for incorporation by reference
for appendix V1 in this NOPR, has
updated this reference to IES LM–78–
20.
DOE identified several changes in the
2020 version of IES LM–78 compared to
the 2007 version, including additions in
the 2020 version that are not in 2007
version. The 2020 version includes a
discussion of spectral measurements, in
new sections 7.1.2 and 7.2.2, on taking
measurements with a spectroradiometer
within a sphere. Section 5.1 and 5.2 of
IES LM–78–20 also provides specific
sections on 2p and 4p geometry,
respectively. For 4p geometry, the 2020
version adds the specification that the
total surface area of the lamp should be
less than 2 percent of the total area of
the sphere wall. Section 5.3 of IES LM–
78–20 adds an explanation on using
sphere angular response distribution
function (‘‘SRDF’’) to assess sphere
responsivity. Further, in Section 7.2 of
IES LM–78–20 the equation to compute
luminous flux now includes subtraction
of dark/stray light, a ratio of spectral
mismatch correction factor to selfabsorption factor, and the sphere
angular non-uniformity correction
factor.
These additions do not change the
existing method of taking lumen
measurements with an integrating
sphere and only add additional
techniques that manufacturers could use
if they choose to do so, such as using
a spectroradiometer, 4p geometry, 2p
geometry, or the SRDF function to
determine sphere responsivity. Further,
Section 6.2.1 and Section 6.3.2 of
IESNA LM–78–07 also directed that
stray light and spectral mismatch
correction, respectively should be
accounted for in taking lumen
measurements. Section 7.0 of IES LM–
78–20 only explicitly incorporates these
factors into the total luminous flux
equation. DOE has tentatively
concluded that the additional
information in IES LM–78–20 is
reflective of industry learning and
making more accurate and consistent
measurements using the integrating
sphere, but will not impact final
measured values of efficacy.
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DOE also identified updates to
specifications in IESNA LM–78–07.
Section 5.1 of IES LM–78–20 states the
sphere diameter shall be 1.5 times the
length of a linear lamp, whereas it was
specified as 2 times the length in
Section 6.3.7 of IESNA LM–78–07.
Section 5.6 of IES LM–78–20 also states
for the degree of the spectral match to
the V(l) function, it is preferable that
the value of the photometer be less than
3 percent, whereas it was less than 5
percent in Section 3.5 of IESNA LM–78–
07. Throughout IES LM–78–20, the term
‘‘spatial luminous intensity’’ is replaced
with ‘‘angular luminous intensity’’. The
updated standard has replaced ‘‘spatial’’
with ‘‘angular’’ to more clearly describe
that light is being measured by angles.17
Finally, in Section 8.0 of IES LM–78–20,
the uncertainty analysis section has
been condensed to a list of potential
sources of errors and references to other
industry standards for guidance.
The change in sphere diameter will
have a minimal impact on the size of the
sphere used and subsequently on the
test setup inside the sphere and
measurements. The change in the degree
of spectral match to the V(l) function is
a minor adjustment to a correction
factor in measurement and as such will
result in more accurate testing, but will
not change the final measured value.
Finally, the reorganization of the
uncertainty analysis section has
minimal impact. DOE has tentatively
concluded that the updates to sphere
diameter and spectral match tolerance
will allow for further accuracy in testing
and will not impact final measured
values of efficacy.
2. IES LM–79
IES LM–79 provides methods for
taking electrical and photometric
measurements of SSL products. DOE’s
initial review indicates several changes
in IES LM–79–19 compared to IES LM–
79–08. Regarding testing conditions,
Section 4.2.1 of IES LM–79–19 changes
the tolerance of ambient temperature to
+/¥1.2 degrees Celsius measured not
more than 1.5 meters from the test lamp,
whereas in IES LM–79–08, it specified
+/¥1 degree Celsius measured from not
more than 1 meter. DOE has tentatively
concluded that the change in ambient
temperature and distance is minor and
will not impact final measured values of
efficacy.
For instrumentation, Section 5.3.3 of
IES LM–79–19 adds specifications that
the alternating current (‘‘AC’’) power
analyzer to have a frequency range from
17 The term ‘‘spatial luminous intensity’’ and
‘‘angular luminous intensity’’ have the same
meaning in the industry standard.
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direct current (‘‘DC’’) to at least 100
kilohertz (‘‘kHz’’) and for products with
high-frequency components a frequency
range of at least 1 megahertz (‘‘MHz’’).
Section 5.1.2 of IES LM–79–19 also adds
current crest factor capability
requirements for the AC power supply.
Regarding power supply tolerances,
Section 5.1 of IES LM–79–19 adds the
following: (1) The supplied frequency to
have a tolerance of +/¥2 hertz (‘‘Hz’’)
from the prescribed frequency; and (2)
the AC voltage component of the DC
regulated voltage to be less than 0.5
percent root mean square (‘‘RMS’’) of
the DC regulated voltage.
Additionally, Section 3.2 of IES LM–
79–08 required that the calibration
uncertainties of instruments for AC
voltage and current be a minimum of 0.2
percent and for the AC power meter be
a minimum of 0.5 percent. Section 5.3
of IES LM–79–19 replaces these
specifications with expanded
uncertainty minimums of: (1) 0.4
percent for RMS AC voltage for 60 Hz
sinusoidal waveform measurements; (2)
0.6 percent for RMS AC current for 0.5
Hz to 1 kHz range and 2 percent for 1
kHz to 100 kHz range; and (3) 1 percent
for active AC power in the 0.5 Hz to 1
kHz range and 2 percent in the 1 kHz
to 100 kHz range. DOE has tentatively
concluded that the additions regarding
tolerances of the test instruments and
power supply measurements and
updates to calibration uncertainties will
allow for further accuracy in testing, but
will not impact final measured values of
efficacy.
For test circuits, Section 5.0 of IES
LM–79–19 adds the following
specifications: (1) Use of separate sense
leads to avoid voltage drops; (2)
resistance and capacitance of test circuit
(excluding power supply) to be less than
respectively 0.5 ohms and 1.5
nanofarads; and (3) the internal
impedance of voltage measurement
circuits (excluding the power meter) to
be at least 1 megaohm. DOE has
tentatively concluded that the additions
regarding the leads, resistance,
capacitance and impedance will allow
for more stable test circuits and will not
impact final measured values of
efficacy.
For electrical measurements, Section
5.4 of IES LM–79–19 adds tolerances
intervals of +/¥0.5 percent for AC RMS
voltage, +/¥0.2 percent for DC voltage
and current. It also states optical and
electrical waveforms should be analyzed
to ensure measurement equipment is
appropriate. Section 5.4 of IES LM–79–
19 adds a discussion for testing low
voltage products, stating that
measurements can be taken with a
combination of a voltages above and
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below set value and interpolated to get
the required measurement. Section 5.4
of IES LM–79–19 also addresses inrush
currents, stating that the AC power
supply should begin applying current at
zero-phase or, if the product is not
capable of a zero-phase start, the AC
voltage should be ramped up from 0
volts over a few seconds.18 DOE has
tentatively concluded that the additions
regarding the tolerances of voltages and
analyzing waveforms will allow for
further accuracy in testing, but will not
impact final measured values of
efficacy.
Regarding stability, Section 6.4 of IES
LM–79–19 states that to determine
stability three readings of light output
and electrical power must be taken at
10-minute intervals over 20 minutes.
Section 5.0 of IES LM–79–08 required
three readings taken at 15-minute
intervals over 30 minutes. Section 6.4 of
IES LM–79–19 also clarifies that it is the
average of the three measurements taken
chronologically that should be used to
determine the stabilization threshold.
Additionally, unlike IES LM–79–08, IES
LM–79–19 no longer allows the use of
alternative stabilization methods for
measurements of a number of products
of the same model. Determining an
alternative stabilization method that
results in total lumens being within 0.5
percent of the value when the normal
stabilization method is used would
require considerable testing and may
need to be reassessed with each basic
model. Therefore, DOE has tentatively
concluded that disallowing an
alternative stabilization method does
not change the overall test burden. DOE
has tentatively concluded that the
changes to the stabilization method will
still result in a stabilized lamp and will
not impact final measured values of
efficacy.
Further, section 7.2 of IES LM–79–19
updates its references of IES LM–78, the
industry standard for measurements in
an integrating sphere, from the 2007
version (‘‘IESNA LM–78–07’’) to the
2017 version (IES LM–78–17). Because
an integrating sphere is a method used
to make necessary photometric
measurements of light sources used in
CFLKs, DOE is proposing to incorporate
by reference IES LM–78–17 for
appendix V1 and to reference it when
referencing IES LM–79–19 in appendix
V1. Although IES LM–78–17 has been
updated to IES LM–78–20, DOE is
proposing to incorporate by reference
IES LM–78–17 for appendix V1, as it is
the version directly referenced by IES
18 Some SSL products may experience inrush
currents, which are high instantaneous currents that
occur when the power supply is turned on.
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LM–79–19. DOE has tentatively
determined that updating IESNA LM–
78–07 to IES LM–78–20 will not impact
final measured values (see section
III.B.1). DOE has also tentatively
determined that changes in IES LM–78–
20 compared to IES LM–78–17 are
minor and do not impact final measured
values. Therefore, DOE has tentatively
concluded that since updating to IESNA
LM–78–07 to IES LM–78–20 does not
impact final measured values, updating
IESNA LM–78–07 to IES LM–78–17 will
also not impact final measured values.
Finally, Section 7.2.2 of IES LM–79–
19 adds that the spectroradiometer
system have a wavelength uncertainty
within 0.5 nanometers. Section 7.3.2 of
IES LM–79–19 also adds that for 2p
geometry the total surface area of the
test lamp internal to the sphere should
be no more than 1 percent of the total
surface area of the sphere. DOE has
tentatively concluded that the
additional specifications regarding the
spectroradiometer will allow for further
accuracy in testing, but will not impact
final measured values of efficacy.
In summary, DOE has tentatively
concluded that updates in IES LM–79–
19 would not change final measured
values and proposes to update
references from the 2008 version of IES
LM–79 to the 2019 version in appendix
V1. DOE notes that the sections of IES
LM–79–08 were reorganized in the 2019
version. Currently, appendix V1
references section 2 through 9.2 of IES
LM–79–08, which correspond to
sections 4 through 6 and 7.2 of IES LM–
79–19. DOE proposes to change the
section references of IES LM–79–19
from section 2 through 9.2 to
corresponding sections 4 through 6 and
7.2. In addition, because DOE is
proposing to allow the use of the
goniophotometer method (see section
III.C.2 of this document), DOE is also
proposing to reference all of section 7.0
of IES LM–79–19 to include subsections addressing the
goniophotometer method. Section 7.2 of
IES LM–79–19 references IESNA LM–
75–01/R12 for general recommendations
and requirements on making
measurements with goniophotometers.
Therefore, DOE is proposing to
incorporate by reference IESNA LM–75–
01/R12 for appendix V1 and to reference
it when referencing IES LM–79–19 in
appendix V1.
C. Proposed Amendments to Appendix
V1
DOE proposes changes to appendix
V1 to clarify definitions regarding
CFLKs with SSL light sources and allow
for the use of the goniophotometer
method to make photometric
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measurements. DOE also proposes to
arrange the definitions in appendix V1
in alphabetical order. Note that the
proposed section references of industry
test standards are based on the version
of the standard proposed for adoption
(see section III.B of this document).
1. Revising Definitions for CFLKs With
SSL Light Sources
DOE proposes to revise certain
existing terms in appendix V1.
Specifically, DOE proposes to replace
the terms ‘‘CFLK with integrated SSL
circuitry’’ and ‘‘other SSL products’’
respectively, with ‘‘CFLK with nonconsumer-replaceable SSL circuitry’’
and ‘‘CFLK with consumer-replaceable
SSL circuitry’’ throughout appendix V1;
and provide further clarifications in the
definitions of these terms.
DOE initiated an analysis of CFLK
energy conservation standards by
publishing an RFI on June 4, 2021
(‘‘June 2021 RFI’’). 86 FR 29954. In
response to the June 2021 RFI, ALA
recommended that DOE revise the two
product classes for standards to align
with the current CFLK test procedure
that differentiate between LED lamps
with an ANSI approved base that are
tested individually, and a light kit that
incorporates an integrated LED light
source that is tested as a complete unit.
(ALA, No. 3 at p. 2 19) This comment
indicates that it is not clear that DOE’s
CFLK test procedure directs CFLKs with
consumer replaceable SSL light sources
without ANSI bases to be tested
individually using lamp efficacy,
similar to the required efficacy
measurement for CFLKs with ANSI base
lamps. Additionally, information
collected in manufacturer interviews as
part of the ongoing CFLK standards
analysis also indicated that this part of
the test procedure may need further
clarification. DOE tentatively concluded
that that the current definitions for
‘‘CFLK with integrated circuitry’’ and
‘‘other SSL products’’ were not clear
and could lead to confusion when
manufacturers classify products and
determine the required efficacy
measurement.
Under the current Appendix V1,
CFLKs that use SSL circuitry are
separated as either a ‘‘CFLK with
integrated SSL circuitry’’ or ‘‘other SSL
products,’’ and have different methods
to measure efficacy. A CFLK with
integrated SSL circuitry is defined as a
CFLK that has SSL light sources,
drivers, heat sinks, or intermediate
circuitry (such as wiring between a
19 This comment is in response to the June 2021
RFI and can be found on www.regulations.gov
under Docket ID: EERE–2019–BT–STD–0040.
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replaceable driver and a replaceable
light source) that are not consumer
replaceable. Section 2.1 of 10 CFR Part
430, Subpart B, Appendix V1. Because
the SSL light source in a CFLK with
integrated circuitry will require cutting
of wires or similar methods to remove
and test the light source, it cannot be
restored to the same condition it was
prior to testing. Hence, DOE directs
manufacturers to test and report the
efficacy with the light source in the
CFLK, i.e., luminaire efficacy. In this
NOPR, to further clarify which CFLKs
fall into this category, DOE proposes to
change the term ‘‘CFLK with integrated
SSL circuitry’’ to ‘‘CFLK with nonconsumer-replaceable SSL circuitry.’’
Further, DOE proposes to modify the
definition by specifying that the light
sources and all necessary components
in these CFLKs cannot be replaced
without permanently altering the
product; and specifying that the light
sources in these CFLKs do not have an
ANSI base. DOE will continue to require
the measurement of luminaire efficacy
for these CFLKs. DOE proposes the
following definition for ‘‘CFLK with
non-consumer-replaceable SSL
circuitry’’:
CFLK with non-consumer-replaceable SSL
circuitry means a CFLK with a non-ANSIstandard base that has an SSL light source,
driver, heat sink, and intermediate circuitry
(such as wiring between a driver and light
source), that are not consumer replaceable,
i.e., a consumer cannot replace the light
source and all components necessary for the
starting and stable operation of the light
source, without permanently altering the
product, and must replace the entire CFLK
upon failure.
Under section 2.4 of 10 CFR part 430,
subpart B, Appendix V1, ‘‘other SSL
products’’ are defined as an integrated
unit consisting of a light source, driver,
heat sink, and intermediate circuitry
that uses SSL technology (such as lightemitting diodes or organic light-emitting
diodes) and is consumer replaceable in
a CFLK. The term does not include LED
lamps with ANSI-standard bases.
Examples of other SSL products include
OLED lamps, LED lamps with nonANSI-standard bases, such as Zhaga
interfaces, and LED light engines.
Hence, the SSL light source is an
integrated unit that can be removed,
tested, and placed back into the CFLK
so it is the same product as it was when
sold, i.e., consumer replaceable.
Therefore, DOE directs manufacturers to
remove the SSL light source and test
and report its efficacy, i.e., lamp
efficacy. In this NOPR to further clarify
which CFLKs fall into this category,
DOE proposes to change the term ‘‘other
SSL products’’ to ‘‘CFLK with
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consumer-replaceable SSL circuitry.’’
Further, DOE proposes to modify the
definition by specifying that the light
sources and all necessary components
in these CFLKs can be replaced without
permanently altering the product; and
specifying that the light sources in these
CFLKs do not have an ANSI base. DOE
will continue to require the
measurement of lamp efficacy of the
light sources in these CFLKs. DOE
proposes the following definition for
‘‘CFLK with consumer-replaceable SSL
circuitry:’’
CFLK with consumer-replaceable SSL
circuitry means a CFLK with a non-ANSIstandard base that has an SSL light source,
driver, heat sink, and intermediate circuitry
(such as wiring between a driver and light
source) that are consumer replaceable, i.e., a
consumer can replace the light source and all
components necessary for the starting and
stable operation of the light source as one
integrated unit, without permanently altering
the product. Examples of CFLKs with
consumer-replaceable SSL circuitry include
CFLKs that use OLED lamps with non-ANSIstandard bases, LED lamps with non-ANSIstandard bases, such as Zhaga interfaces, and
LED light engines.
DOE proposes to continue to allow
the luminaire efficacy of CFLKs with
non-consumer-replaceable SSL circuitry
to be measured without a cover if that
cover is consumer replaceable. As such,
DOE proposes to also replace the
reference of ‘‘CFLKs with integrated SSL
circuitry’’ with ‘‘CFLKs with nonconsumer-replaceable SSL circuitry’’ in
the definition of ‘‘cover.’’ Additionally,
in the scope section of appendix V1,
DOE proposes to replace the reference of
‘‘SSL products other than integrated
LED lamps’’ with ‘‘consumerreplaceable SSL circuitry other than
integrated LED lamps’’ and replace the
reference of ‘‘integrated SSL circuitry’’
with ‘‘non-consumer-replaceable SSL
circuitry.’’
As noted previously, to clarify the
definitions of CFLKs with SSL circuitry,
DOE is proposing to specify that CFLKs
with non-consumer-replaceable SSL
circuitry and CFLKs with consumerreplaceable SSL circuitry have nonANSI standard bases. Further, to clarify
that other SSL light sources with ANSI
bases (not integrated LED lamps) must
be tested for lamp efficacy, DOE is
proposing to specify the efficacy
measurement and referenced test
procedure for these lamps in the table
in appendix V1.
DOE is also proposing to reflect these
clarifications in the title of appendix V1.
DOE has tentatively concluded that
clarifying the terminology and
definitions of CFLKs with SSL light
sources will not require a manufacturer
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to change their method of testing and
therefore will have no impact on test
costs. DOE requests comment on the
proposed definitions for ‘‘CFLK with
consumer-replaceable SSL circuitry’’
and ‘‘CFLK with non-consumerreplaceable SSL circuitry.’’
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2. Photometric Measurements
In this NOPR, DOE is proposing to
allow for the use of a goniophotometer
to test the lamp efficacy or luminaire
efficacy of CFLKs, as applicable.
ALA stated that informal testing
conducted by ALA manufacturers
indicated that the difference in the
measured efficacy using a
goniophotometer versus an integrated
sphere was inconsequential. ALA
further stated that since efficacy
differences are negligible, it preferred
the use of an integrated sphere because
of time efficiency and ease of use. (ALA,
No. 4 at p. 2)
DOE has tentatively concluded that
difference in measured efficacy using a
goniophotometer versus an integrated
sphere is not significant and allowing
both the methods would allow
manufacturers flexibility in testing.
Further, allowing manufacturers to test
the performance of CFLKs with either
an integrated sphere or goniophotometer
aligns the CFLK test procedure with the
DOE test procedures for GSFLs,
incandescent reflector lamps (‘‘IRLs’’),
and general service incandescent lamps
(‘‘GSILs’’). Therefore, DOE is proposing
to allow the use of a goniophotometer in
appendix V1. DOE has tentatively
concluded that allowing the use of both
integrating sphere and goniophotometer
for photometric measurements will not
require a manufacturer to change their
method of testing and therefore will
have no impact on test costs. DOE
requests comment on the allowance of
both goniophotometer and integrating
sphere methods and any data on the
difference in efficacy measurements
when testing the same lamp with
goniophotometer versus integrating
sphere.
D. Proposed Amendments to Appendix
V
DOE proposes to remove appendix V
as it is no longer needed. All CFLKs
manufactured as of January 21, 2020,
must be tested according to current
appendix V1. See 80 FR 80209, 80220
and 81 FR 580. Therefore, appendix V
is no longer applicable, and removal of
this appendix would not result in any
change to the currently applicable test
procedure.
The CA IOUs and ALA both stated
their support for removal of appendix V.
(CA IOUs, No. 3 at p.1; ALA, No. 4 at
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p.1) The CA IOUs stated that under the
current energy conservation standards,
all CFLKs manufactured as of January
21, 2020, must be tested in accordance
with appendix V1, and therefore
appendix V is no longer applicable. (CA
IOUs, No. 3 at p. 1) ALA suggested DOE
replace the language in appendix V with
the language in appendix V1. ALA
stated that DOE could then eliminate
appendix V1 and update any cross
references. (ALA, No. 4 at p. 1) Because
appendix V is no longer applicable for
the test procedure, DOE is proposing to
remove appendix V. DOE also proposes
to rename appendix V1 as appendix V.
DOE has tentatively concluded that
removing an unused appendix will have
no impact on test costs.
E. Proposed Amendments to 10 CFR
429.33, 10 CFR 430.23, and 10 CFR
430.32.
As specified in section III.C, in the
current appendix V1 (proposed to be
renamed appendix V), DOE is replacing
‘‘other SSL products’’ and ‘‘integrated
SSL circuitry’’ respectively, with
‘‘consumer-replaceable SSL circuitry’’
and ‘‘non-consumer-replaceable SSL
circuitry.’’ The terms ‘‘other SSL
products’’ and ‘‘integrated SSL
circuitry’’ are used in 10 CFR 429.33
which specifies the CFLK sampling
plan, represented values, and
certification; 10 CFR 430.23(x) which
provides references to DOE test
procedures for lamps in CFLKs not
within the scope of appendix V1; and 10
CFR 430.32(s)(6) which specifies CFLK
energy conservation standards. To align
with the revised terms in appendix V1,
in 10 CFR 429.33, 10 CFR 430.23(x) and
10 CFR 430.32(s)(6), DOE is proposing
to replace the terms ‘‘other SSL
products’’ and ‘‘integrated SSL
circuitry’’ respectively, with ‘‘consumerreplaceable SSL circuitry’’ and ‘‘nonconsumer-replaceable SSL circuitry.’’
DOE is also proposing to explicitly state
the term ‘‘other SSL light sources with
ANSI bases (not integrated LED lamps)’’
in 10 CFR 429.33 and 10 CFR 430.23(x)
to clarify instructions for these lamps.
F. Reporting
Manufacturers, including importers,
must use product-specific certification
templates to certify compliance to DOE.
For CFLKs, the certification template
reflects the general certification
requirements specified at 10 CFR 429.12
and the product-specific requirements
specified at 10 CFR 429.33. As
discussed in the previous paragraphs,
DOE is not proposing to amend the
product-specific certification
requirements for these products.
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G. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend
the existing test procedure for CFLKs by
(1) updating references to industry
standards to their latest versions and
incorporating industry standards
necessary for executing the test; (2)
modifying appendix V1 to allow for the
use of a goniophotometer; (3) revising
definitions regarding CFLKs with SSL
light sources in appendix V1 to clarify
the scope and test methods for CFLKs;
and (4) removing appendix V, the test
procedure that must be used for CFLKs
with pin-based sockets that are
manufactured on or after January 1,
2007, and prior to January 21, 2020 and
renaming appendix V1 as appendix V.
The proposed updates and
incorporation of industry standards do
not change the method of testing CFLKs,
but only make minor changes to certain
testing specifications. The changes do
not require the purchase of additional
equipment or increase test burden, and
subsequently do not impact testing
costs. The proposed change to allow the
use a goniophotometer method is
optional and does not require
manufacturers to change their current
testing methodology, and therefore does
not impact testing costs. The proposed
revision to definitions regarding CFLKs
with SSL light sources only clarifies the
scope and test methodology, and
therefore does not impact testing costs.
Finally, DOE is proposing to remove
appendix V because it is obsolete and
therefore, its removal does not impact
testing costs. DOE has tentatively
determined that the amendments
proposed in this NOPR would not
impact testing costs.
2. Harmonization
DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures, unless such methodology
would be unduly burdensome to
conduct or would not produce test
results that reflect the energy efficiency,
energy use, water use (as specified in
EPCA) or estimated operating costs of
that product during a representative
average use cycle or period of use.
Section 8(c) of appendix A of 10 CFR
part 430, subpart C. In cases where the
industry standard does not meet EPCA
statutory criteria for test procedures,
DOE will make modifications through
the rulemaking process to these
standards as the DOE test procedure.
DOE is proposing to update the latest
version of several industry test
standards referenced in appendix V1.
For the electrical and photometric
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measurement of CFLKs, DOE is
proposing to incorporate by reference
IES LM–9–20 and IES LM–79–19. For
seasoning instructions for CFLKs, DOE
is proposing to incorporate IES LM–54–
20. For integrated sphere measurements
for CFLKs, DOE is proposing to
incorporate IES LM–78–20.
The industry standards DOE proposes
to incorporate by reference via
amendments described in this NOPR are
discussed in further detail in section
III.B of this document. DOE requests
comment on the benefits and burdens of
the proposed updates and additions to
industry standards referenced in the test
procedure for CFLKs.
H. Compliance Date
EPCA prescribes that, if DOE amends
a test procedure, all representations of
energy efficiency and energy use,
including those made on marketing
materials and product labels, must be
made in accordance with that amended
test procedure, beginning 180 days after
publication of such a test procedure
final rule in the Federal Register. (42
U.S.C. 6293(c)(2))
If DOE were to publish an amended
test procedure EPCA provides an
allowance for individual manufacturers
to petition DOE for an extension of the
180-day period if the manufacturer may
experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To
receive such an extension, petitions
must be filed with DOE no later than 60
days before the end of the 180-day
period and must detail how the
manufacturer will experience undue
hardship. (Id.)
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
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The Office of Management and Budget
(‘‘OMB’’) has determined that this test
procedure rulemaking does not
constitute ‘‘significant regulatory
actions’’ under section 3(f) of Executive
Order (‘‘E.O.’’) 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct.
4, 1993). Accordingly, this action was
not subject to review under the
Executive order by the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in OMB.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (‘‘IRFA’’) for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
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have a significant economic impact on
a substantial number of small entities.
As required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel.
For manufacturers of CFLKs, the
Small Business Association (‘‘SBA’’) has
set a size threshold, which defines those
entities classified as ‘‘small businesses’’
for the purposes of the statute. DOE
used the SBA’s small business size
standards to determine whether any
small entities would be subject to the
requirements of the rule. See 13 CFR
part 121. The size standards are listed
by the North American Industry
Classification System (‘‘NAICS’’) code
and industry description and are
available at www.sba.gov/document/
support--table-size-standards.
Manufacturing of CFLKs is classified
under NAICS 335210, ‘‘Small Electrical
Appliance Manufacturing.’’ The SBA
sets a threshold of 1,500 employees or
less for an entity to be considered as a
small business for this category.
To estimate the number of companies
that could be small businesses that
manufacture CFLKs impacted by this
rulemaking, DOE conducted a survey
using information from DOE’s
Compliance Certification Database and
previous rulemakings. DOE used
information from these sources to create
a list of companies that potentially
manufacture or sell CFLKs. DOE
screened out companies that do not
offer products covered by this
rulemaking, do not meet the definition
of a ‘‘small business,’’ or are foreign
owned and operated. DOE determined
that 31 companies are small businesses
that manufacture CFLKs covered by this
rulemaking.
DOE has tentatively concluded that
the proposed updates to DOE’s test
procedure for CFLKs do not involve
substantive changes to the test setup
and methodology and will not pose any
additional test burden or additional test
costs for any CFLK manufacturers, large
or small.
Therefore, DOE initially concludes
that the impacts of the proposed test
procedure amendments proposed in this
NOPR would not have a ‘‘significant
economic impact on a substantial
number of small entities,’’ and that the
preparation of an IRFA is not warranted.
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DOE will transmit the certification and
supporting statement of factual basis to
the Chief Counsel for Advocacy of the
Small Business Administration for
review under 5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of CFLKs must certify
to DOE that their products comply with
any applicable energy conservation
standards. To certify compliance,
manufacturers must first obtain test data
for their products according to the DOE
test procedures, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
CFLKs. (See generally 10 CFR part 429.)
The collection-of-information
requirement for the certification and
recordkeeping is subject to review and
approval by OMB under the Paperwork
Reduction Act (‘‘PRA’’). This
requirement has been approved by OMB
under OMB control number 1910–1400.
Public reporting burden for the
certification is estimated to average 35
hours per response, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this NOPR, DOE proposes test
procedure amendments that it expects
will be used to develop and implement
future energy conservation standards for
CFLKs. DOE has determined that this
rule falls into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, DOE has determined that
adopting test procedures for measuring
energy efficiency of consumer products
and industrial equipment is consistent
with activities identified in 10 CFR part
1021, appendix A to subpart D, A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
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E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE has examined this proposed
rule and has determined that it would
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
proposed rule. States can petition DOE
for exemption from such preemption to
the extent, and based on criteria, set
forth in EPCA. (42 U.S.C. 6297(d)) No
further action is required by Executive
Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity, (2) write
regulations to minimize litigation, (3)
provide a clear legal standard for
affected conduct rather than a general
standard, and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly
specifies any effect on existing Federal
law or regulation, (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction, (4) specifies the
retroactive effect, if any, (5) adequately
defines key terms, and (6) addresses
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other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this proposed
rule according to UMRA and its
statement of policy and determined that
the rule contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
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Policymaking Assessment for any rule
that may affect family well-being. This
proposed rule would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this proposed
regulation would not result in any
takings that might require compensation
under the Fifth Amendment to the U.S.
Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE
%20Final%20Updated%20IQA
%20Guidelines%20Dec%202019.pdf.
DOE has reviewed this proposed rule
under the OMB and DOE guidelines and
has concluded that it is consistent with
applicable policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that (1)
is a significant regulatory action under
Executive Order 12866, or any successor
order; and (2) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy; or (3) is
designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
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statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
The proposed regulatory action to
amend the test procedure for measuring
the energy efficiency of CFLKs is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
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Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The proposed modifications to the
test procedure for CFLKs would
incorporate testing methods contained
in certain sections of the following
commercial standards:
(1) ANSI/IES LM–9–20—Approved
Method: Electrical and Photometric
Measurement of Fluorescent Lamps,
Approved February 7, 2020;
(2) ANSI/IES LM–54–20—Approved
Method: IES Guide to Lamp Seasoning,
Approved February 7, 2020;
(3) IESNA LM–75–01/R12—
Goniophotometer Types and Photometric
Coordinates, Approved August 4, 2001;
(4) IES LM–78–17—Approved Method:
Total Flux Measurement of Lamps Using an
Integrating Sphere, Approved January 9,
2017;
(5) ANSI/IES LM–78–20—Approved
Method: Total Luminous Flux Measurement
of Lamps Using an Integrating Sphere
Photometer, Approved February 7, 2020; and
(6) ANSI/IES LM–79–19—Approved
Method: Optical and Electrical
Measurements of Solid-State Lighting
Products, Approved February 28, 2019.
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DOE has evaluated these standards
and is unable to conclude whether they
fully comply with the requirements of
section 32(b) of the FEAA (i.e., whether
it was developed in a manner that fully
provides for public participation,
comment, and review). DOE will
consult with both the Attorney General
and the Chairman of the FTC
concerning the impact of these test
procedures on competition, prior to
prescribing a final rule.
M. Description of Materials
Incorporated by Reference
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by IES, ‘‘ANSI/IES
LM–9–20—Approved Method: Electrical
and Photometric Measurement of
Fluorescent Lamps. IES LM–9–20 is an
industry accepted standard that
describes methods for taking electrical
and photometric measurement of
fluorescent lamps. The test procedure
proposed in this NOPR references IES
LM–9 for testing the performance of
fluorescent lamps. IES LM–9 is readily
available on IES’s website at https://
www.ies.org/store.
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by IES, ANSI/IES
LM–79–19—Approved Method: Optical
and Electrical Measurements of SolidState Lighting Products. IES LM–79–19
is an industry accepted standard that
describes methods for taking electrical
and photometric measurements of SSL
products. The test procedure proposed
in this NOPR references IES LM–79 for
testing of CFLKs with SSL circuitry. IES
LM–79 is readily available on IES’s
website at https://www.ies.org/store.
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by IES, ANSI/IES
LM–54–20—Approved Method: IES
Guide to Lamp Seasoning. IES LM–54–
20 is an industry accepted test standard
that specifies a method for seasoning
lamps. The test procedure proposed in
this NOPR references IES LM–9 for
testing the fluorescent lamps, which in
turn references IES LM–54 for seasoning
lamps. IES LM–54 is readily available
on IES’s website at https://www.ies.org/
store.
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by IES, IESNA LM–
75–01/R12—Goniophotometer Types
and Photometric Coordinates. IESNA
LM–75–01/R12 is an industry accepted
test standard that specifies
goniophotometer types and photometric
coordinates. The test procedure
proposed in this NOPR references IES
LM–79 for testing CFLKs with SSL
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13659
circuitry, which in turn references
IESNA LM–75–01/R12 for general
recommendations and requirements on
making measurement with
goniophotometers. IESNA LM–75–01/
R12 is available with the purchase of the
lighting library subscription on IES’s
website at https://www.ies.org/store.
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by IES, ANSI/IES
LM–78–20—Approved Method: Total
Luminous Flux Measurement of Lamps
Using an Integrating Sphere Photometer.
IES LM–78–20 is an industry accepted
test standard that specifies a method for
measuring lumen output in an
integrating sphere. The test procedure
proposed in this NOPR references IES
LM–9 for testing the performance of
fluorescent lamps, which in turn
references IES LM–78–20 for integrating
sphere photometer calibration and
measurements. IES LM–78–20 is readily
available on IES’s website at https://
www.ies.org/store.
In this NOPR, DOE proposes to
incorporate by reference the test
standard published by IES, IES LM–78–
17—Approved Method: Total Flux
Measurement of Lamps Using an
Integrating Sphere. IES LM–78–17 is an
industry accepted test standard that
specifies a method for measuring lumen
output in an integrating sphere. The test
procedure proposed in this NOPR
references IES LM–79 for testing CFLKs
with SSL circuitry, which in turn
references IES LM–78–17 for integrating
sphere photometer calibration and
measurements. IES LM–78–17 is readily
available on IES’s website at https://
www.ies.org/store.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar
meeting are listed in the DATES section
at the beginning of this document.
Webinar registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
published on DOE’s website:
www1.eere.energy.gov/buildings/
appliance_standards/
standards.aspx?productid=10.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
B. Procedure for Submitting Prepared
General Statements for Distribution
Any person who has an interest in the
topics addressed in this document, or
who is representative of a group or class
of persons that has an interest in these
issues, may request an opportunity to
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make an oral presentation at the
webinar. Such persons may submit to
ApplianceStandardsQuestions@
ee.doe.gov. Persons who wish to speak
should include with their request a
computer file in WordPerfect, Microsoft
Word, PDF, or text (ASCII) file format
that briefly describes the nature of their
interest in this rulemaking and the
topics they wish to discuss. Such
persons should also provide a daytime
telephone number where they can be
reached.
Persons requesting to speak should
briefly describe the nature of their
interest in this rulemaking and provide
a telephone number for contact. DOE
requests persons selected to make an
oral presentation to submit an advance
copy of their statements at least two
weeks before the webinar. At its
discretion, DOE may permit persons
who cannot supply an advance copy of
their statement to participate, if those
persons have made advance alternative
arrangements with the Building
Technologies Office. As necessary,
requests to give an oral presentation
should ask for such alternative
arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to
preside at the webinar/public meeting
and may also use a professional
facilitator to aid discussion. The
meeting will not be a judicial or
evidentiary-type public hearing, but
DOE will conduct it in accordance with
section 336 of EPCA (42 U.S.C. 6306). A
court reporter will be present to record
the proceedings and prepare a
transcript. DOE reserves the right to
schedule the order of presentations and
to establish the procedures governing
the conduct of the webinar/public
meeting. There shall not be discussion
of proprietary information, costs or
prices, market share, or other
commercial matters regulated by U.S.
anti-trust laws. After the webinar/public
meeting and until the end of the
comment period, interested parties may
submit further comments on the
proceedings and any aspect of the
rulemaking.
The webinar/public meeting will be
conducted in an informal, conference
style. DOE will present summaries of
comments received before the webinar/
public meeting, allow time for prepared
general statements by participants, and
encourage all interested parties to share
their views on issues affecting this
rulemaking. Each participant will be
allowed to make a general statement
(within time limits determined by DOE),
before the discussion of specific topics.
DOE will permit, as time permits, other
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participants to comment briefly on any
general statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly.
Participants should be prepared to
answer questions by DOE and by other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
webinar/public meeting will accept
additional comments or questions from
those attending, as time permits. The
presiding official will announce any
further procedural rules or modification
of the above procedures that may be
needed for the proper conduct of the
webinar/public meeting.
A transcript of the webinar/public
meeting will be included in the docket,
which can be viewed as described in the
Docket section at the beginning of this
document. In addition, any person may
buy a copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule no later than the date provided in
the DATES section at the beginning of
this proposed rule.20 Interested parties
may submit comments using any of the
methods described in the ADDRESSES
section at the beginning of this
document.
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
20 DOE has historically provided a 75-day
comment period for test procedure NOPRs pursuant
to the North American Free Trade Agreement, U.S.Canada-Mexico (‘‘NAFTA’’), Dec. 17, 1992, 32
I.L.M. 289 (1993); the North American Free Trade
Agreement Implementation Act, Public Law 103–
182, 107 Stat. 2057 (1993) (codified as amended at
10 U.S.C.A. § 2576) (1993) (‘‘NAFTA
Implementation Act’’); and Executive Order 12889,
‘‘Implementation of the North American Free Trade
Agreement,’’ 58 FR 69681 (Dec. 30, 1993). However,
on July 1, 2020, the Agreement between the United
States of America, the United Mexican States, and
the United Canadian States (‘‘USMCA’’), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA),
went into effect, and Congress’s action in replacing
NAFTA through the USMCA Implementation Act,
19 U.S.C. 4501 et seq. (2020), implies the repeal of
E.O. 12889 and its 75-day comment period
requirement for technical regulations. Thus, the
controlling laws are EPCA and the USMCA
Implementation Act. Consistent with EPCA’s public
comment period requirements for consumer
products, the USMCA only requires a minimum
comment period of 60 days. Consequently, DOE
now provides a 60-day public comment period for
test procedure NOPRs.
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viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to www.regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(‘‘CBI’’)). Comments submitted through
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments
Include contact information each time
you submit comments, data, documents,
and other information to DOE. No faxes
will be accepted.
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Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: One copy of the document
marked confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
E. Issues on Which DOE Seeks Comment
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Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
comments and views of interested
parties concerning the following issues:
(1) DOE requests comment on its
assessments of the impacts of incorporating
by reference IES LM–9–20, IES LM–54–20,
IESNA LM–75–01/R12, IES LM–79–19, IES
LM–78–20, and IES LM–78–17 for appendix
V1. See section III.B of this document.
(2) DOE requests comment on the proposed
definitions for ‘‘CFLK with consumerreplaceable SSL circuitry’’ and ‘‘CFLK with
non-consumer-replaceable SSL circuitry.’’
See section III.C.1 of this document.
(3) DOE requests comment on the
allowance of both goniophotometer and
integrating sphere methods and any data on
the difference in efficacy measurements
when testing the same lamp with a
goniophotometer versus an integrating
sphere. See section III.C.2 of this document.
(4) DOE requests comment on the benefits
and burdens of the proposed updates and
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additions to industry standards referenced in
the test procedure for CFLKs. See section
III.G of this document.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this notice of proposed
rulemaking and announcement of
public meeting.
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
§ 429.33
List of Subjects
[Amended]
2. Amend § 429.33 by:
a. Removing ‘‘other SSL lamps (not
integrated LED lamps)’’ and adding in
its place ‘‘consumer-replaceable SSL
circuitry (not integrated LED lamps) and
other SSL lamps that have an ANSI
standard base and are not integrated
LED lamps’’ in paragraph (a)(3)(i)(F);
and
■ b. Removing ‘‘integrated SSL
circuitry’’ and adding in its place ‘‘nonconsumer-replaceable SSL circuitry’’ in
paragraph (a)(3)(ii).
■
■
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
3. The authority citation for part 430
continues to read as follows:
■
Signing Authority
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
This document of the Department of
Energy was signed on March 1, 2022, by
Kelly J. Speakes-Backman, Principal
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
■
■
■
Signed in Washington, DC, on March 2,
2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
■
For the reasons stated in the
preamble, DOE is proposing to amend
parts 429 and 430 of chapter II of title
10, Code of Federal Regulations as set
forth below:
PO 00000
4. Amend § 430.3 by:
a. Revising paragraph (a);
b. In paragraph (p)(2), removing the
text ‘‘appendices R, V, and V1’’ and
adding in its place, ‘‘appendix R’’;
■ c. Removing paragraph (p)(13);
■ d. Redesignating paragraphs (p)(4)
through (20) as follows:
Old
paragraphs (p)(4)
through (10).
paragraphs (p)(11)
and (12).
paragraph (p)(14) ......
paragraph (p)(15) ......
paragraph (p)(16) ......
paragraph (p)(17) ......
paragraphs (p)(18)
through (20).
New
paragraphs (p)(5)
through (11).
paragraphs (p)(13)
and (14).
paragraph (p)(15).
paragraph (p)(17).
paragraph (p)(20).
paragraph (p)(21).
paragraphs (p)(23)
through (25).
e. Adding new paragraphs (p)(4), (12),
(16), (18), and (19);
■ f. In newly redesignated paragraph
(p)(20), removing the text ‘‘appendices
V1 and BB’’ and adding, in its place,
‘‘appendix BB’’; and
■ g. Adding new paragraph (p)(22).
The revision and additions read as
follows:
§ 430.3 Materials incorporated by
reference.
(a) Certain material is incorporated by
reference into this part with the
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approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section, the U.S. Department of
Energy (DOE) must publish a document
in the Federal Register and the material
must be available to the public. All
approved material is available for
inspection at the DOE and at the
National Archives and Records
Administration (NARA). Contact DOE
at: The U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, Sixth Floor, 950
L’Enfant Plaza SW, Washington, DC
20024, (202) 586–9127, Buildings@
ee.doe.gov, https://www.energy.gov/
eere/buildings/appliance-andequipment-standards-program. For
information on the availability of this
material at NARA, email: fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
The material may be obtained from the
sources in the following paragraphs of
this section.
*
*
*
*
*
(p) * * *
(4) ANSI/IES LM–9–20 (‘‘IES LM–9–
20’’), Approved Method: Electrical and
Photometric Measurements of
Fluorescent Lamps, approved February
7, 2020; IBR approved for appendix V to
subpart B.
*
*
*
*
*
(12) ANSI/IES LM–54–20 (‘‘IES LM–
54–20’’), Approved Method: IES Guide
to Lamp Seasoning, approved February
7, 2020; IBR approved for appendix V to
subpart B.
*
*
*
*
*
(16) IESNA LM–75–2001/R12,
Goniophotometer Types and
Photometric Coordinates, approved
August 4, 2001; IBR approved for
appendix V to subpart B.
*
*
*
*
*
(18) IES LM–78–17, Approved
Method: Total Flux Measurement of
Lamps Using an Integrating Sphere,’’
approved January 9, 2017; IBR approved
for appendix V to subpart B.
(19) ANSI/IES LM–78–20 (‘‘IES LM–
78–20’’), Approved Method: Total
Luminous Flux Measurement of Lamps
Using an Integrating Sphere Photometer,
approved February 7, 2020; IBR
approved for appendix V to subpart B.
*
*
*
*
*
(22) ANSI/IES LM–79–019 (‘‘IES LM–
79–19’’), Approved Method: Optical and
Electrical Measurements of Solid-State
Lighting Products, approved February
28, 2019; IBR approved for appendix V
to subpart B.
*
*
*
*
*
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5. Amend § 430.23 by:
a. Removing paragraph (x)(1);
b. Redesignating paragraph (x)(2) as
paragraph (x)(1);
■ c. Revising newly designated
paragraph (x)(1)(v); and
■ d. Reserving paragraph (x)(2).
The revision reads as follows:
■
■
■
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
*
*
*
*
*
(x) * * *
(1) * * *
(v) For a ceiling fan light kit packaged
with other fluorescent lamps (not
compact fluorescent lamps or general
service fluorescent lamps), packaged
with consumer-replaceable SSL
circuitry (not integrated LED lamps),
packaged with non-consumerreplaceable SSL circuitry, or packaged
with other SSL lamps that have an ANSI
standard base (not integrated LED
lamps), measure efficacy in accordance
with section 3 of appendix V of this
subpart for each lamp basic model,
consumer-replaceable SSL circuitry
basic model, or non-consumerreplaceable SSL circuitry basic model.
*
*
*
*
*
Appendix V to Subpart B of Part 430
[Removed]
■ 6. Remove appendix V to subpart B of
part 430.
Appendix V1 to Subpart B of Part 430
[Redesignated]
■ 7. Redesignate appendix V1 to subpart
B of part 430 as appendix V to subpart
B of part 430.
■ 8. Revise newly redesignated
appendix V to subpart B of part 430 to
read as follows:
Appendix V to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Ceiling Fan
Light Kits Packaged With Other
Fluorescent Lamps (not Compact
Fluorescent Lamps or General Service
Fluorescent Lamps), Packaged With
Consumer-Replaceable SSL Circuitry
(not Integrated LED Lamps), Packaged
With Non-Consumer-Replaceable SSL
Circuitry, or Packaged With Other SSL
Lamps That Have an ANSI Standard
Base (not Integrated LED Lamps)
Any representations about the energy use
or efficiency of any ceiling fan light kit
packaged with fluorescent lamps other than
compact fluorescent lamps or general service
fluorescent lamps, packaged with consumerreplaceable SSL circuitry other than
integrated LED lamps, or packaged with nonconsumer-replaceable SSL circuitry, or
packaged with SSL lamps that have an ANSI
standard base (not integrated LED lamps)
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made on or after the compliance date of any
amended energy conservation standards must
be based on testing pursuant to this
appendix. Manufacturers may make
representations based on testing in
accordance with this appendix prior to the
compliance date of any amended energy
conservation standards, provided that such
representations demonstrate compliance with
the amended energy conservation standards.
0. Incorporation by Reference. DOE
incorporated by reference in § 430.3, the
entire standard for: IES LM–9–20, IES LM–
54–20, IES LM–75–01/R12, IES LM–78–17,
IES LM–78–20, and IES LM–79–19; however,
only enumerated provisions of IES LM–9–20
and IES LM–79–19 are applicable to this
appendix as follows:
(1) IES LM–9–20 as referenced by section
3 of this appendix
(i) Section 4.0 ‘‘Ambient and Physical
Conditions’’.
(ii) Section 5.0 ‘‘Electrical Conditions’’.
(iii) Section 6.0 ‘‘Lamp Test Procedures’’.
(iv) Section 7.0 ‘‘Photometric Test
Procedures’’.
(2) IES LM–79–19 as referenced by section
3 of this appendix
(i) Section 4.0 ‘‘Physical and
Environmental Test Conditions’’.
(ii) Section 5.0 ‘‘Electrical Test
Conditions’’.
(iii) Section 6.0 ‘‘Test Preparation’’.
(iv) Section 7.0 ‘‘Total Luminous Flux and
Integrated Optical Measurements’’.
1. Scope: This appendix establishes the test
requirements to measure the energy
efficiency of all ceiling fan light kits (CFLKs)
packaged with fluorescent lamps other than
compact fluorescent lamps (CFLs) or general
service fluorescent lamps (GSFLs), packaged
with consumer-replaceable solid-state
lighting (SSL) circuitry (not integrated lightemitting diode [LED] lamps), packaged with
non-consumer-replaceable SSL circuitry, or
packaged with SSL lamps that have an
American National Standards Institute
(ANSI) standard base (not integrated LED
lamps).
2. Definitions
2.1. CFLK with non-consumer-replaceable
SSL circuitry means a CFLK with a nonANSI-standard base that has an SSL light
source, driver, heat sink, and intermediate
circuitry (such as wiring between a driver
and light source), that are not consumer
replaceable, i.e., a consumer cannot replace
the light source and all components
necessary for the starting and stable
operation of the light source, without
permanently altering the product, and must
replace the entire CFLK upon failure.
2.2. CFLK with consumer-replaceable SSL
circuitry means a CFLK with a non-ANSIstandard base that has an SSL light source,
driver, heat sink, and intermediate circuitry
(such as wiring between a driver and light
source) that are consumer replaceable, i.e., a
consumer can replace the light source and all
components necessary for the starting and
stable operation of the light source as one
integrated unit, without permanently altering
the product. Examples of CFLKs with
consumer-replaceable SSL circuitry include
CFLKs that use OLED lamps with non-ANSIstandard bases, LED lamps with non-ANSI-
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standard bases, such as Zhaga interfaces, and
LED light engines.
2.3. Covers means materials used to diffuse
or redirect light produced by an SSL light
source in CFLKs with non-consumerreplaceable SSL circuitry.
2.4. Other (non-CFL and non-GSFL)
fluorescent lamp means a low-pressure
mercury electric-discharge lamp in which a
fluorescing coating transforms some of the
ultraviolet energy generated by the mercury
discharge into light, including but not
limited to circline fluorescent lamps, and
excluding any compact fluorescent lamp and
any general service fluorescent lamp.
2.5. Solid-State Lighting (SSL) means
technology where light is emitted from a
replaceable SSL circuitry, measure both the
lamp efficacy of each basic model of lamp or
consumer-replaceable SSL light source
packaged with the CFLK and the luminaire
efficacy of the CFLK with all consumer
replaceable lamps or consumer-replaceable
SSL light sources removed. Take
measurements at full light output. For each
test, use the test procedures in the table in
this section. CFLKs with non-consumerreplaceable SSL circuitry and consumer
replaceable covers may be measured with
their covers removed but must otherwise be
measured according to the table in this
section.
Lighting technology
Lamp or luminaire efficacy
measured
Referenced test procedure
Other (non-CFL and non-GSFL) fluorescent lamps.
Lamp Efficacy ................................
CFLKs with consumer-replaceable
SSL circuitry.
Lamp Efficacy ................................
CFLKs with non-consumer-replaceable SSL circuitry.
Luminaire Efficacy .........................
Other SSL lamps that have an
ANSI standard base and are not
integrated LED lamps.
Lamp Efficacy ................................
IES LM–9–20, sections 4–7 and corresponding subsections including
references to IES LM–54–20 (lamp seasoning); IES–LM–78–20 (integrating sphere measurements).
IES LM–79–19, sections 4–7 and corresponding subsections including references to IES–LM–78–17 (integrating sphere measurements); IES LM–75–01/R12 (goniophotometer measurements).
IES LM–79–19, sections 4–7 and corresponding subsections including references to IES–LM–78–17 (integrating sphere measurements); IES LM–75–01/R12 (goniophotometer measurements).
IES LM–79–19, sections 4–7 and corresponding subsections including references to IES–LM–78–17 (integrating sphere measurements); IES LM–75–01/R12 (goniophotometer measurements).
9. Amend § 430.32 by revising
paragraph (s)(6).
■
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
§ 430.32 Energy and water conservation
standards and their compliance dates.
14 CFR Part 71
*
*
*
*
*
(s) * * *
(6) Ceiling fan light kits manufactured
on or after January 21, 2020 must be
packaged with lamps to fill all sockets,
and each basic model of lamp packaged
with the basic model of CFLK, each
basic model of consumer-replaceable
SSL circuitry packaged with the basic
model of CFLK, and each basic model
of non-consumer-replaceable SSL
circuitry in the CFLK basic model shall
meet the requirements shown in
paragraphs (s)(6)(i) and (ii) of this
section:
Minimum required efficacy
(lm/W)
Lumens 1
(i) <120 ......
(ii) ≥120 ......
khammond on DSKJM1Z7X2PROD with PROPOSALS
solid object—a block of semiconductor—
rather than from a filament or plasma, as in
the case of incandescent and fluorescent
lighting. This includes inorganic lightemitting diodes (LEDs) and organic lightemitting diodes (OLEDs).
3. Test Conditions and Measurements
For any CFLK that utilizes consumer
replaceable lamps or consumer-replaceable
SSL circuitry, measure the lamp efficacy of
each basic model of lamp or SSL light source
packaged with the CFLK. For any CFLK only
with non-consumer-replaceable SSL
circuitry, measure the luminaire efficacy of
the CFLK. For any CFLK that includes
consumer replaceable lamps or consumerreplaceable SSL circuitry and non-consumer-
13663
50.
(74.0¥29.42 × 0.9983lumens).
1 Use the lumen output for each basic model
of lamp packaged with the basic model of
CFLK, each basic model of consumer-replaceable SSL circuitry packaged with the basic
model of CFLK, or each basic model of nonconsumer-replaceable SSL in the CFLK basic
model to determine the applicable standard.
*
*
*
*
*
[FR Doc. 2022–04764 Filed 3–9–22; 8:45 am]
BILLING CODE 6450–01–P
VerDate Sep<11>2014
16:09 Mar 09, 2022
Jkt 256001
[Docket No. FAA–2022–0186; Airspace
Docket No. 22–AAL–6]
RIN 2120–AA66
Proposed Revocation of Colored
Federal Airways Blue 7 (B–7) and
Green 9 (G–9); Bethel, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
revoke Colored Federal airways Blue 7
(B–7) and Green 9 (G–9) in the vicinity
of Bethel, AK due to the pending
decommissioning of the Oscarville, AK,
(OSE) Non-directional Beacon (NDB).
DATES: Comments must be received on
or before April 25, 2022.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590; telephone: (800)
647–5527, or (202) 366–9826. You must
identify FAA Docket No. FAA–2022–
0186; Airspace Docket No. 22–AAL–6 at
the beginning of your comments. You
SUMMARY:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
may also submit comments through the
internet at https://www.regulations.gov.
FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the Rules
and Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FAA Order JO 7400.11F is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
FAA Order JO 7400.11F at NARA,
email: fr.inspection@nara.gov or go to
https://www.archives.gov/federalregister/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT:
Christopher McMullin, Rules and
Regulations Group, Office of Policy,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
E:\FR\FM\10MRP1.SGM
10MRP1
]]>Agencies
[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Proposed Rules]
[Pages 13648-13663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04764]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 47 / Thursday, March 10, 2022 /
Proposed Rules
[[Page 13648]]
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE-2019-BT-TP-0024]
RIN 1904-AE51
Energy Conservation Program: Test Procedure for Ceiling Fan Light
Kits
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the
test procedure for ceiling fan light kits (``CFLKs''). DOE proposes to
update references to industry standards to their latest versions and
incorporate industry standards necessary for executing the test; to
allow for the use of a goniophotometer; to revise definitions regarding
CFLKs with solid-state lighting (``SSL'') light sources to clarify the
scope and test methods for CFLKs; and to remove obsolete provisions.
DOE is seeking comment from interested parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than May 9, 2022. See section V, ``Public
Participation,'' for details. DOE will hold a webinar on Monday, April
11, 2022, from 1:00 p.m. to 2:30 p.m. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants. If no participants register for the webinar, it
will be cancelled.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov, under docket
number EERE-2019-BT- TP-0024. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments by
email to [email protected]. Include docket number EERE-2019-BT-
TP-0024 in the subject line of the message. No telefacsimiles
(``faxes'') will be accepted. For detailed instructions on submitting
comments and additional information on this process, see section V of
this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing coronavirus 2019 (``COVID-19'') pandemic. DOE is currently
suspending receipt of public comments via postal mail and hand
delivery/courier. If a commenter finds that this change poses an undue
hardship, please contact Appliance Standards Program staff at (202)
586-1445 to discuss the need for alternative arrangements. Once the
COVID-19 pandemic health emergency is resolved, DOE anticipates
resuming all of its regular options for public comment submission,
including postal mail and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts (if a public meeting is held),
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page can be found at www.regulations.gov/docket?D=EERE-2019-BT-TP-0024. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email [email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-2588. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to maintain a previously
approved incorporation by reference and to incorporate by reference the
following industry standards into 10 CFR part 430:
ANSI/IES LM-9-20--Approved Method: Electrical and Photometric
Measurement of Fluorescent Lamps, Approved February 7, 2020 (``IES
LM-9-20'').
ANSI/IES LM-54-20--Approved Method: IES Guide to Lamp Seasoning,
Approved February 7, 2020 (``IES LM-54-20'').
IESNA LM-75-01/R12--Goniophotometer Types and Photometric
Coordinates, Approved August 4, 2001.
IES LM-78-17--Approved Method: Total Flux Measurement of Lamps Using
an Integrating Sphere, Approved January 9, 2017.
ANSI/IES LM-78-20--Approved Method: Total Luminous Flux Measurement
of Lamps Using an Integrating Sphere Photometer, Approved February
7, 2020 (``IES LM-78-20'').
ANSI/IES LM-79-19--Approved Method: Optical and Electrical
Measurements of Solid-State Lighting Products, Approved February 28,
2019 (``IES LM-79-19'').
Copies of IES LM-9-20, IES LM-54-20, IESNA LM-75-01/R12, IES LM-78-
17, IES LM-78-20, and IES LM-79-19 can be obtained by going to https://www.ies.org/store.
For a further discussion of these standards, see section IV.M.
Table of Contents
I. Authority and Background
A. Authority
B. Background
C. Deviation From Appendix A
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
1. IES LM-9
2. IES LM-79
C. Proposed Amendments to Appendix V1
1. Revising Definitions for CFLKs with SSL Light Sources
2. Photometric Measurements
[[Page 13649]]
D. Proposed Amendments to Appendix V
E. Proposed Amendments to 10 CFR 429.33, 10 CFR 430.23, and 10
CFR 430.32.
F. Reporting
G. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization
H. Compliance Date
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
DOE's energy conservation standards and test procedures for CFLKs
are currently prescribed at title 10 of the Code of Federal Regulations
(``CFR''), part 430 section 32(s), 10 CFR part 430, subpart B, appendix
V (``Appendix V''), and 10 CFR part 430, subpart B, appendix V1
(``Appendix V1''). The following sections discuss DOE's authority to
establish test procedures for CFLKs and relevant background information
regarding DOE's consideration of test procedures for this product.
A. Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles, which sets forth
a variety of provisions designed to improve energy efficiency. These
products include CFLKs, the subject of this document. (42 U.S.C.
6291(50), 42 U.S.C. 6293(16)(A)(ii), 42 U.S.C. 6295(ff)(2)-(5))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Infrastructure Investment and Jobs Act,
Public Law 117-58 (Nov. 15, 2021).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291),
test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making other representations about the efficiency of those
consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use these
test procedures to determine whether the products comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of EPCA. (42 U.S.C. 6297(d))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA requires that any test procedures prescribed or
amended under this section be reasonably designed to produce test
results which measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
EPCA, as codified, directs DOE to establish test procedures for
CFLKs based on the test procedures referenced in the Energy Star
specifications for Residential Light Fixtures and Compact Fluorescent
Light Bulbs, as in effect on August 8, 2005. EPCA also specifies that
once established, DOE may review and revise the test procedures. (42
U.S.C. 6293(b)(16))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered product, including CFLKs, to
determine whether amended test procedures would more accurately or
fully comply with the requirements for the test procedures to not be
unduly burdensome to conduct and be reasonably designed to produce test
results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle or period of
use. (42 U.S.C. 6293(b)(1)(A))
If the Secretary determines, on her own behalf or in response to a
petition by any interested person, that a test procedure should be
prescribed or amended, the Secretary shall promptly publish in the
Federal Register proposed test procedures and afford interested persons
an opportunity to present oral and written data, views, and arguments
with respect to such procedures. The comment period on a proposed rule
to amend a test procedure shall be at least 60 days and may not exceed
270 days. In prescribing or amending a test procedure, the Secretary
shall take into account such information as the Secretary determines
relevant to such procedure, including technological developments
relating to energy use or energy efficiency of the type (or class) of
covered products involved. (42 U.S.C. 6293(b)(2)). If DOE determines
that test procedure revisions are not appropriate, DOE must publish its
determination not to amend the test procedures. (42 U.S.C.
6293(b)(1)(A)(ii))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical
[[Page 13650]]
Commission (``IEC'') Standard 62301 \3\ and IEC Standard 62087 \4\ as
applicable. (42 U.S.C. 6295(gg)(2)(A))
---------------------------------------------------------------------------
\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Audio, video and related equipment--Methods of
measurement for power consumption (Edition 1.0, Parts 1-6: 2015,
Part 7: 2018). 1-04).
---------------------------------------------------------------------------
DOE is publishing this notice of proposed rulemaking (``NOPR'') in
satisfaction of the 7-year review requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE's existing test procedure for CFLKs appears at title 10 of the
CFR part 430, subpart B, appendix V (``Uniform Test Method for
Measuring the Energy Consumption of Ceiling Fan Light Kits With Pin-
Based Sockets for Fluorescent Lamps'') and title 10 of the CFR part
430, subpart B, appendix V1 (``Uniform Test Method for Measuring the
Energy Consumption of Ceiling Fan Light Kits Packaged With Other
Fluorescent Lamps (not Compact Fluorescent Lamps or General Service
Fluorescent Lamps), Packaged With Other SSL Lamps (not Integrated LED
[light-emitting diode] Lamps), or With Integrated SSL Circuitry'').
On December 24, 2015, DOE published a final rule (``December 2015
Final Rule'') making two key updates to its CFLK test procedure. 80 FR
80209 (Dec. 24, 2015) First, DOE updated the CFLK test procedure to
require that representations of efficacy, including certifications of
compliance with CFLK standards, be made according to the corresponding
DOE lamp test procedures, where they exist (e.g., for a CFLK with
medium screw base sockets that is packaged with compact fluorescent
lamps (``CFLs''), the CFLK test procedure references the DOE test
procedure for CFLs at 10 CFR 430.23(y)). 80 FR 80209, 80211. Second,
DOE updated the CFLK test procedure by establishing in a separate
appendix, i.e., appendix V1, the test procedure for CFLKs packaged with
inseparable light sources that require luminaire efficacy testing
(e.g., CFLKs with integrated SSL circuitry) and for CFLKs packaged with
lamps for which DOE test procedures did not exist. 80 FR 80209, 80212.
With these changes, the December 2015 Final Rule aligned CFLK
requirements for measuring efficacy of lamps and/or light sources in
CFLKs with current DOE lamp test procedures.
The December 2015 Final Rule also replaced references to superseded
ENERGY STAR requirements with the latest versions of industry standards
in appendix V, the test procedure for measuring system efficacy of the
lamp-and-ballast platform. Additionally, for ease of reference, the
final rule replaced references to ENERGY STAR requirements in existing
CFLK standards contained in 10 CFR 430.32(s) with the specific
requirements. 80 FR 80209, 80211. Further, in that final rule, DOE
determined that it accounts for standby mode energy consumption of
CFLKs under the efficiency metric for ceiling fans rather than under
the CFLK efficiency metric; and therefore, did not specify a standby
mode test procedure for CFLKs. 80 FR 80209, 80212. Representations
regarding CFLKs subject to the January 21, 2020 standards must be based
on the amended test procedure, including appendix V1.\5\ See 80 FR
80209, 80220; 81 FR 580 (January 6, 2016); 83 FR 22587 (May 16, 2018).
---------------------------------------------------------------------------
\5\ DOE published a final rule that changed the compliance date
from January 7, 2019 to January 21, 2020 to comply with Public Law
115-161, ``Ceiling Fan Energy Conservation Harmonization Act'' (the
``Act''), which was signed into law on April 3, 2018. 83 FR 22587
(May 16, 2018). The Act amended the compliance date for CFLK
standards to establish a single compliance date for the energy
conservation standards for both CFLKs and ceiling fans. Id.
---------------------------------------------------------------------------
On August 6, 2021, DOE published a NOPR amending the certification
requirements for CFLKs (``August 2021 NOPR''). 86 FR 43120 (Aug. 6,
2021) In the August 2021 NOPR, DOE proposed to update the reporting
requirements for CFLKs to address the January 21, 2020 standards and
remove the reporting requirements for the January 1, 2007 standards.
The August 2021 NOPR proposed to align the CFLK certification reporting
requirements at 10 CFR 429.33 with the CFLK energy conservation
standards relating to: (a) Efficacy for light sources in CFLKs; (b)
lumen maintenance, lifetime, and rapid cycle stress testing for medium
screw base CFLs in CFLKs; (c) electronic ballasts for pin-based
fluorescent lamps in CFLKs; (d) test sample size; and (e) kind of lamp.
86 FR 43126, 43128.
EPCA requires DOE to review test procedures for covered products at
least once every 7 years. 42 U.S.C. 6293(b)(1)(A) DOE initiated the
first step in the 7 year review process by publishing a request for
information (``RFI'') document on May 4, 2021 (``May 2021 RFI''), which
identified specific issues on which DOE seeks input to aid in its
analysis of whether an amended test procedure for CFLKs would more
accurately or fully comply with the requirement that the test procedure
produces results that measure energy use during a representative
average use cycle for the product, and not be unduly burdensome to
conduct. 86 FR 23635.
DOE received comments in response to the May 2021 RFI from the
interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the May 2021 RFI
----------------------------------------------------------------------------------------------------------------
Commenter(s) Reference in this NOPR Commenter type
----------------------------------------------------------------------------------------------------------------
kecaph................................... kecaph...................... Private Citizen.
American Lighting Association............ ALA......................... Trade Association.
California Investor-Owned Utilities...... CA IOUs..................... Utilities.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
---------------------------------------------------------------------------
\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for CFLKs. (Docket No. EERE-2019-BT-TP-0024, which
is maintained at www.regulations.gov). The references are arranged
as follows: (Commenter name, comment docket ID number at page of
that document).
---------------------------------------------------------------------------
C. Deviation From Appendix A
In accordance with section 3(a) of 10 CFR part 430, subpart C,
appendix A (``appendix A''), DOE notes that it is deviating from the
provision in appendix A regarding publication of an additional pre-NOPR
rulemaking document. Section 8(b) of appendix A. DOE is opting to
deviate from this step because, as discussed in the following section
DOE's proposal is limited to updating the referenced version of the
applicable industry standard, proposing certain terminology changes,
and deleting an obsolete reference. DOE has tentatively determined the
proposals do not require consideration of test data or market data that
would typically be requested through an additional pre-
[[Page 13651]]
NOPR rulemaking document, such as an RFI or notice of data
availability.
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to update 10 CFR 430.23(x), appendix V,
and appendix V1 as follows: (1) Update references to industry standards
to their latest versions and incorporate industry standards necessary
for executing the test; (2) modify appendix V1 to allow for the use of
a goniophotometer; (3) revise definitions regarding CFLKs with SSL
light sources in appendix V1 to clarify the scope and test methods for
CFLKs; and (4) remove appendix V, the test procedure that must be used
for CFLKs with pin-based sockets that are manufactured on or after
January 1, 2007, and prior to January 21, 2020 and rename appendix V1
as appendix V.
DOE's proposed actions are summarized in Table II.1 compared to the
current test procedure as well as the reason for the proposed change.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
------------------------------------------------------------------------
Proposed test
Current DOE test procedure procedure Attribution
------------------------------------------------------------------------
References the 2009 version of Adopts the latest Harmonize with
IES LM-9 for taking electrical version, i.e., updated industry
and photometric measurement of 2020, of the standards.
fluorescent lamps in appendix referenced
V1. industry standard.
References the 2008 version of Adopts the latest Harmonize with
IES LM-79, which provides version, i.e., updated industry
methods for taking electrical 2019, of the standards.
and photometric measurements of referenced
SSL products in appendix V1. industry standard.
Does not incorporate IES LM-54, Adopts IES LM-54 Industry standard
the industry standard for lamp which is addition in test
seasoning, in appendix V1. referenced for procedure.
lamp seasoning in
IES LM-9.
Does not incorporate IES LM-78, Adopts IES LM-78- Industry standard
the industry standard for 20 which is addition in test
measurements in an integrating referenced for procedure.
sphere, in appendix V1. integrating
sphere
measurements in
IES LM-9 and
adopts IES LM-78-
17 which is
referenced for
integrating
sphere
measurements in
IES LM-79.
Defines ``CFLK with integrated Updates the term Clarifies the
SSL circuitry'' and ``other SSL names and categories CFLK
products'' in appendix V1. definitions for products fall
``CFLK with into, and thereby
integrated SSL the test methods
circuitry'' and (i.e., luminaire
``other SSL or lamp efficacy)
products,'' to to which they are
``CFLK with non- subject.
consumer-
replaceable SSL
circuitry'' and
``CFLK with
consumer-
replaceable SSL
circuitry,''
respectively.
Updates the
definitions for
these terms.
References appendix V and Removes appendix V Removes a section
appendix V1. of the test
procedure that is
no longer
applicable.
Does not allow the use of a Allows the use of Allows
goniophotometer. a goniophotometer manufacturers
and adopts IESNA flexibility in
LM-75, which is testing.
referenced for
goniophotometer
measurements in
IES LM-79.
------------------------------------------------------------------------
DOE has tentatively determined that the proposed amendments
described in section III of this NOPR would not alter the measured
efficiency of CFLKs or require retesting or recertification solely as a
result of DOE's adoption of the proposed amendments to the test
procedures, if made final. DOE has tentatively determined that the
proposed amendments described in section III of this NOPR are
reasonably designed to more accurately measure energy efficiency for
CFLKs during a representative average use cycle and are not overly
burdensome to conduct. Additionally, DOE has tentatively determined
that the proposed amendments, if made final, would not increase the
cost of testing. Discussion of DOE's proposed actions are addressed in
detail in section III of this NOPR.
III. Discussion
Although the May 2021 RFI requested comments, information and data
regarding several specific issues, DOE welcomed written comments from
the public on any subject within the scope of the document (including
topics not raised in the RFI). In response to the May 2021 RFI, DOE
received several general comments. Kecaph stated that ceiling fan
lights need to be inspected and that the public is not going to pay for
light fixtures that are not working properly. (kecaph, No. 2 at p. 1)
Regarding early assessment RFIs, the CA IOUs reiterated their recent
comments to DOE's NOPR on Procedures, Interpretations, and Policies for
Consideration in New or Revised Energy Conservation Standards and Test
Procedures for Consumer Products and Commercial/Industrial Equipment
(``Process Rule''). The CA IOUs generally supported DOE's proposal to
remove inactive components of the test procedure and update references
to industry resources, but the CA IOUs believed that early assessment
RFIs are largely unnecessary. Instead, the CA IOUs recommended that DOE
return to the publication of a RFI as the first step of a rulemaking.
(CA IOUs, No. 3 at pp. 1-2)
As stated in section I.A, DOE is publishing this NOPR to satisfy
the 7-year review requirement specified in EPCA to review test
procedures for CFLKs. The scope of this NOPR does not cover inspection
of installed ceiling fan lights, but rather addresses how to measure
their energy efficiency. The scope of this notice also does not cover
changes to the Process Rule. More information regarding updates to the
Process Rule can be found on www.regulations.gov under docket number
EERE-2021-BT-STD-0003-0044.
ALA stated that it strongly supported that all assessments of
standby power continue to be calculated with the ceiling fan's standby
power. (ALA, No. 4 at p. 2) As discussed in section I.B of this
document, DOE determined in the December 2015 Final Rule that standby
mode energy consumption of CFLKs is accounted for under the efficiency
metric for ceiling fans, rather than under the CFLK efficiency metric;
and therefore did not specify a standby mode test procedure for CFLKs.
80 FR 80209, 80212. DOE continues to find this determination valid and
therefore is not proposing a standby mode test procedure for CFLKs in
this NOPR.
[[Page 13652]]
A. Scope of Applicability
This rulemaking addresses the DOE test procedure for CFLKs. DOE
defines CFLKs as follows:
Ceiling fan light kit means equipment designed to provide light
from a ceiling fan that can be--(1) Integral, such that the
equipment is attached to the ceiling fan prior to the time of retail
sale; or (2) Attachable, such that at the time of retail sale the
equipment is not physically attached to the ceiling fan, but may be
included inside the ceiling fan at the time of sale or sold
separately for subsequent attachment to the fan.
10 CFR 430.2
The scope of the test procedure in appendix V1 covers fluorescent
lamps other than compact fluorescent lamps or general service
fluorescent lamps, SSL products other than integrated LED lamps, or
integrated SSL circuitry packaged with CFLKs. To support the test
procedure for CFLKs the following terms are defined in appendix V1:
``CFLK with integrated SSL circuitry,'' ``Covers,'' ``Other (non-CFL
and non-GSFL) fluorescent lamp,'' ``Other SSL products,'' and ``Solid-
State Lighting (SSL).'' In the definitions of ``Other SSL products''
and ``SSL'', DOE cites organic light-emitting diode (``OLEDs'') as an
example of a type of light source that uses SSL technology.
ALA stated that no manufacturers have any plans to use OLEDs in
CFLKs. (ALA, No. 4 at p. 2) DOE has included OLEDs as an example of SSL
technology because it is a type of light source that may be used in
CFLKs, even if it is not at present. Therefore, DOE maintains the use
of OLEDs as examples of an SSL product, to ensure there is an
applicable test procedure for these products.
B. Updates to Industry Standards
The current DOE test procedure for CFLKs in appendix V1 specifies
instructions for measuring the lamp efficacy or luminaire efficacy, as
applicable. Appendix V1 incorporates by reference the 2009 version of
Illuminating Engineering Society (``IES'') Lighting Measurement and
Testing (``LM'')-9 (``IES LM-9-09'' \7\) for testing ``other
fluorescent lamps'' (i.e., not CFLs or general service fluorescent
lamps (``GSFLs'')) and the 2008 version of IES LM-79 (``IES LM-79-08''
\8\) for testing ``other SSL products'' (i.e., not integrated LED
lamps) and CFLKs with integrated SSL circuitry. Appendix V1 references
these industry standards for test conditions and measurements. These
referenced industry test standards have been updated by industry since
DOE last amended its test procedures. IES LM-9-09 has been updated with
a 2020 version \9\ (IES LM-9-20) and IES LM-79-08 has been updated with
a 2019 version \10\ (IES LM-79-19). In addition, DOE is proposing to
incorporate by reference IES LM-54-20,\11\ IESNA LM-75-01/R12,\12\ IES
LM-78-20,\13\ and IES LM-78-17 \14\ for appendix V1. DOE received
several comments on how the changes in the updated versions of these
standards would impact DOE's test procedure for CFLKs.
---------------------------------------------------------------------------
\7\ Illuminating Engineering Society, IES LM-9-09 IES Approved
Method: Electrical and Photometric Measurement of Fluorescent Lamps.
Approved January 31, 2009.
\8\ Illuminated Engineering Society, IES LM-79-08 Approved
Method: Electrical and Photometric Measurements of Solid-State
Lighting Products. Approved December 31, 2007.
\9\ Illuminating Engineering Society, ANSI/IES LM-9-20 Approved
Method: Electrical and Photometric Measurement of Fluorescent Lamps.
Approved February 7, 2020.
\10\ Illuminating Engineering Society, ANSI/IES LM-79-19
Approved Method: Optical and Electrical Measurements of Solid-State
Lighting Products. Approved February 28, 2019.
\11\ Illuminating Engineering Society, ANSI/IES LM-54-20
Approved Method: IES Guide to Lamp Seasoning, Approved February 7,
2020.
\12\ Illuminated Engineering Society of North America, IESNA LM-
75-01/R12 Goniophotometer Types and Photometric Coordinates.
Approved August 4, 2001.
\13\ Illuminating Engineering Society, ANSI/IES LM-78-20
Approved Method: Total Luminous Flux Measurement of Lamps Using an
Integrating Sphere Photometer. Approved February 7, 2020.
\14\ Illuminating Engineering Society of North America, IES LM-
78-17 IES Approved Method for Total Flux Measurement of Lamps Using
an Integrating Sphere. Approved January 9, 2017.
---------------------------------------------------------------------------
The CA IOUs suggested, regarding IES LM-9, LM-54, LM-78, LM-79, and
any other lighting industry test procedures referenced in the DOE test
procedure, that DOE communicate directly with the sponsoring bodies to
obtain information regarding the impacts of the proposed changes to the
referenced industry standards. The CA IOUs suggested that, in the
absence of such information, DOE commission testing of CFLKs using
currently referenced industry standards and proposed updates to
referenced industry standards to make an independent determination. (CA
IOUs, No. 3 at p. 2)
ALA stated that all the LM methods identified in the May 2021 RFI
are simply updated American National Standards Institute (``ANSI'')
accredited versions of LMs currently used. ALA further stated that it
typically supports updating standards that are backed by ANSI and have
no initial concerns with making these updates as long as there is no
meaningful difference in the measured value. (ALA, No. 4 at p. 1) ALA
stated that ALA's CFLK manufacturers do not have data to share that
shows the difference between current LMs and updated LMs since their
members focus their testing on what is currently required under
regulations. (ALA, No. 4 at p. 1) ALA stated that their members have
heard from other fixture and light source manufacturers that the
measurable differences are insignificant. ALA stated that if pre-
rulemaking testing proves otherwise and results in excessive retesting,
ALA CFLK manufacturers will oppose updates to the LMs as it will be
costly and time consuming. (ALA, No. 4 at pp. 1-2)
DOE has tentatively concluded that the proposed updates to industry
test standard references do not involve substantive changes to the test
setup and methodology and therefore do not pose additional test burden
and will have no impact on test costs. Further, DOE has tentatively
determined that incorporation by reference of the latest versions will
not change measured values, better aligns DOE test procedures with
industry practice, and further increases the clarity of the test
methods. DOE requests comment on its assessments of the impacts of
incorporating by reference IES LM-9-20, IES LM-54-20, IESNA LM-75-01/
R12, IES LM-79-19, IES LM-78-20, and IES LM-78-17 for appendix V1. Each
proposed industry test standard is discussed in the following sections.
1. IES LM-9
IES LM-9 provides methods for taking electrical and photometric
measurements of fluorescent lamps. DOE's initial review indicates no
major changes in IES LM-9-20 compared to IES LM-9-09, except for
updates to certain relevant references. Firstly, section 6.2 of IES LM-
9-20 updates its reference of IES LM-54, the industry standard for lamp
seasoning, from the 1999 version \15\ (``IESNA LM-54-99'') to the 2020
version (IES LM-54-20). Secondly, section 7.0 of IES LM-9-20 updates
its references of IES LM-78, the industry standard for measurements in
an integrating sphere, from the 2007 version \16\ (``IESNA LM-78-07'')
to the 2020 version (IES LM-78-20). DOE has tentatively concluded that
updates in IES LM-9-20 would not change final measured values and
proposes to update references from the 2009 version of IES LM-9 to the
2020 version in appendix
[[Page 13653]]
V1. These updates are discussed in detail in the following sections.
---------------------------------------------------------------------------
\15\ Illuminating Engineering Society of North America, LM-54-99
IESNA Guide to Lamp Seasoning, Approved May 10, 1999.
\16\ Illuminating Engineering Society of North America, IESNA
LM-78-07 IESNA Approved Method for Total Luminous Flux Measurement
of Lamps Using an Integrating Sphere Photometer. Approved January
28, 2007.
---------------------------------------------------------------------------
Because lamp seasoning is a necessary part of testing fluorescent
lamps in CFLKs, DOE is proposing to incorporate by reference IES LM-54-
20 for appendix V1 and to reference it when referencing IES LM-9-20 in
appendix V1. Because an integrating sphere is a method used to make
necessary photometric measurements of fluorescent lamps in CFLKs, DOE
is proposing to incorporate by reference IES LM-78-20 for appendix V1
and to reference it when referencing IES LM-9-20 directly in appendix
V1.
(a) IES LM-54
IES LM-54 is the industry standard for lamp seasoning. Appendix V1
currently references sections of IES LM-9-09, which reference IESNA LM-
54-99. The 2020 version of IES LM-9, proposed for incorporation by
reference for appendix V1 in this notice, updated this reference to IES
LM-54-20. The 2020 version of IES LM-54 adds numerous new sections,
which codify best practices, that labs are likely already following.
Specifically, IES LM-54-20 adds section 4.0 on physical environment
test conditions that covers topics such as keeping labs clean and
within the ambient temperature range; not subjecting lamps to excessive
vibration/shock; and using airflow to cool the seasoning area. IES LM-
54-20 also adds section 5.0 on electrical test conditions, which
includes instructions on frequency, voltage wave shape, and voltage
regulation; basic lamp connection protocols; and setting up an adjacent
ground for fluorescent lamps. Additionally, IES LM-54-20 includes new
section 6.1 on test preparation which addresses how to handle and mark
lamps. Finally, IES LM-54-20 adds a statement in section 6.2.1.1
expressly stating that the orientation of the lamp during seasoning
should be maintained for the entire test.
Based on DOE's knowledge of third party labs, DOE understands that
the added instructions in IES LM-54-20 regarding the appropriate
physical conditions of the lab, test setup for taking electrical
measurements, and marking and handling the lamps physical environment
conditions are basic steps followed by labs when conducting testing.
These basic instructions are also included in most up to date industry
standards. Therefore, DOE has tentatively determined that the additions
in IES LM-54-20 are industry best practices for taking lamp
measurements, and therefore likely are already being followed by
laboratories. DOE has tentatively concluded that the changes in IES LM-
54-20 will allow for further accuracy in testing but will not impact
final measured values of efficacy.
(b) IES LM-78
IES LM-78 is the industry standard for taking measurements in an
integrating sphere. Appendix V1 currently references sections of IES
LM-9-09 which reference IESNA LM-78-07. The 2020 version of IES LM-9,
proposed for incorporation by reference for appendix V1 in this NOPR,
has updated this reference to IES LM-78-20.
DOE identified several changes in the 2020 version of IES LM-78
compared to the 2007 version, including additions in the 2020 version
that are not in 2007 version. The 2020 version includes a discussion of
spectral measurements, in new sections 7.1.2 and 7.2.2, on taking
measurements with a spectroradiometer within a sphere. Section 5.1 and
5.2 of IES LM-78-20 also provides specific sections on 2[pi] and 4[pi]
geometry, respectively. For 4[pi] geometry, the 2020 version adds the
specification that the total surface area of the lamp should be less
than 2 percent of the total area of the sphere wall. Section 5.3 of IES
LM-78-20 adds an explanation on using sphere angular response
distribution function (``SRDF'') to assess sphere responsivity.
Further, in Section 7.2 of IES LM-78-20 the equation to compute
luminous flux now includes subtraction of dark/stray light, a ratio of
spectral mismatch correction factor to self-absorption factor, and the
sphere angular non-uniformity correction factor.
These additions do not change the existing method of taking lumen
measurements with an integrating sphere and only add additional
techniques that manufacturers could use if they choose to do so, such
as using a spectroradiometer, 4[pi] geometry, 2[pi] geometry, or the
SRDF function to determine sphere responsivity. Further, Section 6.2.1
and Section 6.3.2 of IESNA LM-78-07 also directed that stray light and
spectral mismatch correction, respectively should be accounted for in
taking lumen measurements. Section 7.0 of IES LM-78-20 only explicitly
incorporates these factors into the total luminous flux equation. DOE
has tentatively concluded that the additional information in IES LM-78-
20 is reflective of industry learning and making more accurate and
consistent measurements using the integrating sphere, but will not
impact final measured values of efficacy.
DOE also identified updates to specifications in IESNA LM-78-07.
Section 5.1 of IES LM-78-20 states the sphere diameter shall be 1.5
times the length of a linear lamp, whereas it was specified as 2 times
the length in Section 6.3.7 of IESNA LM-78-07. Section 5.6 of IES LM-
78-20 also states for the degree of the spectral match to the
V([lambda]) function, it is preferable that the value of the photometer
be less than 3 percent, whereas it was less than 5 percent in Section
3.5 of IESNA LM-78-07. Throughout IES LM-78-20, the term ``spatial
luminous intensity'' is replaced with ``angular luminous intensity''.
The updated standard has replaced ``spatial'' with ``angular'' to more
clearly describe that light is being measured by angles.\17\ Finally,
in Section 8.0 of IES LM-78-20, the uncertainty analysis section has
been condensed to a list of potential sources of errors and references
to other industry standards for guidance.
---------------------------------------------------------------------------
\17\ The term ``spatial luminous intensity'' and ``angular
luminous intensity'' have the same meaning in the industry standard.
---------------------------------------------------------------------------
The change in sphere diameter will have a minimal impact on the
size of the sphere used and subsequently on the test setup inside the
sphere and measurements. The change in the degree of spectral match to
the V([lambda]) function is a minor adjustment to a correction factor
in measurement and as such will result in more accurate testing, but
will not change the final measured value. Finally, the reorganization
of the uncertainty analysis section has minimal impact. DOE has
tentatively concluded that the updates to sphere diameter and spectral
match tolerance will allow for further accuracy in testing and will not
impact final measured values of efficacy.
2. IES LM-79
IES LM-79 provides methods for taking electrical and photometric
measurements of SSL products. DOE's initial review indicates several
changes in IES LM-79-19 compared to IES LM-79-08. Regarding testing
conditions, Section 4.2.1 of IES LM-79-19 changes the tolerance of
ambient temperature to +/-1.2 degrees Celsius measured not more than
1.5 meters from the test lamp, whereas in IES LM-79-08, it specified +/
-1 degree Celsius measured from not more than 1 meter. DOE has
tentatively concluded that the change in ambient temperature and
distance is minor and will not impact final measured values of
efficacy.
For instrumentation, Section 5.3.3 of IES LM-79-19 adds
specifications that the alternating current (``AC'') power analyzer to
have a frequency range from
[[Page 13654]]
direct current (``DC'') to at least 100 kilohertz (``kHz'') and for
products with high-frequency components a frequency range of at least 1
megahertz (``MHz''). Section 5.1.2 of IES LM-79-19 also adds current
crest factor capability requirements for the AC power supply. Regarding
power supply tolerances, Section 5.1 of IES LM-79-19 adds the
following: (1) The supplied frequency to have a tolerance of +/-2 hertz
(``Hz'') from the prescribed frequency; and (2) the AC voltage
component of the DC regulated voltage to be less than 0.5 percent root
mean square (``RMS'') of the DC regulated voltage.
Additionally, Section 3.2 of IES LM-79-08 required that the
calibration uncertainties of instruments for AC voltage and current be
a minimum of 0.2 percent and for the AC power meter be a minimum of 0.5
percent. Section 5.3 of IES LM-79-19 replaces these specifications with
expanded uncertainty minimums of: (1) 0.4 percent for RMS AC voltage
for 60 Hz sinusoidal waveform measurements; (2) 0.6 percent for RMS AC
current for 0.5 Hz to 1 kHz range and 2 percent for 1 kHz to 100 kHz
range; and (3) 1 percent for active AC power in the 0.5 Hz to 1 kHz
range and 2 percent in the 1 kHz to 100 kHz range. DOE has tentatively
concluded that the additions regarding tolerances of the test
instruments and power supply measurements and updates to calibration
uncertainties will allow for further accuracy in testing, but will not
impact final measured values of efficacy.
For test circuits, Section 5.0 of IES LM-79-19 adds the following
specifications: (1) Use of separate sense leads to avoid voltage drops;
(2) resistance and capacitance of test circuit (excluding power supply)
to be less than respectively 0.5 ohms and 1.5 nanofarads; and (3) the
internal impedance of voltage measurement circuits (excluding the power
meter) to be at least 1 megaohm. DOE has tentatively concluded that the
additions regarding the leads, resistance, capacitance and impedance
will allow for more stable test circuits and will not impact final
measured values of efficacy.
For electrical measurements, Section 5.4 of IES LM-79-19 adds
tolerances intervals of +/-0.5 percent for AC RMS voltage, +/-0.2
percent for DC voltage and current. It also states optical and
electrical waveforms should be analyzed to ensure measurement equipment
is appropriate. Section 5.4 of IES LM-79-19 adds a discussion for
testing low voltage products, stating that measurements can be taken
with a combination of a voltages above and below set value and
interpolated to get the required measurement. Section 5.4 of IES LM-79-
19 also addresses inrush currents, stating that the AC power supply
should begin applying current at zero-phase or, if the product is not
capable of a zero-phase start, the AC voltage should be ramped up from
0 volts over a few seconds.\18\ DOE has tentatively concluded that the
additions regarding the tolerances of voltages and analyzing waveforms
will allow for further accuracy in testing, but will not impact final
measured values of efficacy.
---------------------------------------------------------------------------
\18\ Some SSL products may experience inrush currents, which are
high instantaneous currents that occur when the power supply is
turned on.
---------------------------------------------------------------------------
Regarding stability, Section 6.4 of IES LM-79-19 states that to
determine stability three readings of light output and electrical power
must be taken at 10-minute intervals over 20 minutes. Section 5.0 of
IES LM-79-08 required three readings taken at 15-minute intervals over
30 minutes. Section 6.4 of IES LM-79-19 also clarifies that it is the
average of the three measurements taken chronologically that should be
used to determine the stabilization threshold. Additionally, unlike IES
LM-79-08, IES LM-79-19 no longer allows the use of alternative
stabilization methods for measurements of a number of products of the
same model. Determining an alternative stabilization method that
results in total lumens being within 0.5 percent of the value when the
normal stabilization method is used would require considerable testing
and may need to be reassessed with each basic model. Therefore, DOE has
tentatively concluded that disallowing an alternative stabilization
method does not change the overall test burden. DOE has tentatively
concluded that the changes to the stabilization method will still
result in a stabilized lamp and will not impact final measured values
of efficacy.
Further, section 7.2 of IES LM-79-19 updates its references of IES
LM-78, the industry standard for measurements in an integrating sphere,
from the 2007 version (``IESNA LM-78-07'') to the 2017 version (IES LM-
78-17). Because an integrating sphere is a method used to make
necessary photometric measurements of light sources used in CFLKs, DOE
is proposing to incorporate by reference IES LM-78-17 for appendix V1
and to reference it when referencing IES LM-79-19 in appendix V1.
Although IES LM-78-17 has been updated to IES LM-78-20, DOE is
proposing to incorporate by reference IES LM-78-17 for appendix V1, as
it is the version directly referenced by IES LM-79-19. DOE has
tentatively determined that updating IESNA LM-78-07 to IES LM-78-20
will not impact final measured values (see section III.B.1). DOE has
also tentatively determined that changes in IES LM-78-20 compared to
IES LM-78-17 are minor and do not impact final measured values.
Therefore, DOE has tentatively concluded that since updating to IESNA
LM-78-07 to IES LM-78-20 does not impact final measured values,
updating IESNA LM-78-07 to IES LM-78-17 will also not impact final
measured values.
Finally, Section 7.2.2 of IES LM-79-19 adds that the
spectroradiometer system have a wavelength uncertainty within 0.5
nanometers. Section 7.3.2 of IES LM-79-19 also adds that for 2[pi]
geometry the total surface area of the test lamp internal to the sphere
should be no more than 1 percent of the total surface area of the
sphere. DOE has tentatively concluded that the additional
specifications regarding the spectroradiometer will allow for further
accuracy in testing, but will not impact final measured values of
efficacy.
In summary, DOE has tentatively concluded that updates in IES LM-
79-19 would not change final measured values and proposes to update
references from the 2008 version of IES LM-79 to the 2019 version in
appendix V1. DOE notes that the sections of IES LM-79-08 were
reorganized in the 2019 version. Currently, appendix V1 references
section 2 through 9.2 of IES LM-79-08, which correspond to sections 4
through 6 and 7.2 of IES LM-79-19. DOE proposes to change the section
references of IES LM-79-19 from section 2 through 9.2 to corresponding
sections 4 through 6 and 7.2. In addition, because DOE is proposing to
allow the use of the goniophotometer method (see section III.C.2 of
this document), DOE is also proposing to reference all of section 7.0
of IES LM-79-19 to include sub-sections addressing the goniophotometer
method. Section 7.2 of IES LM-79-19 references IESNA LM-75-01/R12 for
general recommendations and requirements on making measurements with
goniophotometers. Therefore, DOE is proposing to incorporate by
reference IESNA LM-75-01/R12 for appendix V1 and to reference it when
referencing IES LM-79-19 in appendix V1.
C. Proposed Amendments to Appendix V1
DOE proposes changes to appendix V1 to clarify definitions
regarding CFLKs with SSL light sources and allow for the use of the
goniophotometer method to make photometric
[[Page 13655]]
measurements. DOE also proposes to arrange the definitions in appendix
V1 in alphabetical order. Note that the proposed section references of
industry test standards are based on the version of the standard
proposed for adoption (see section III.B of this document).
1. Revising Definitions for CFLKs With SSL Light Sources
DOE proposes to revise certain existing terms in appendix V1.
Specifically, DOE proposes to replace the terms ``CFLK with integrated
SSL circuitry'' and ``other SSL products'' respectively, with ``CFLK
with non-consumer-replaceable SSL circuitry'' and ``CFLK with consumer-
replaceable SSL circuitry'' throughout appendix V1; and provide further
clarifications in the definitions of these terms.
DOE initiated an analysis of CFLK energy conservation standards by
publishing an RFI on June 4, 2021 (``June 2021 RFI''). 86 FR 29954. In
response to the June 2021 RFI, ALA recommended that DOE revise the two
product classes for standards to align with the current CFLK test
procedure that differentiate between LED lamps with an ANSI approved
base that are tested individually, and a light kit that incorporates an
integrated LED light source that is tested as a complete unit. (ALA,
No. 3 at p. 2 \19\) This comment indicates that it is not clear that
DOE's CFLK test procedure directs CFLKs with consumer replaceable SSL
light sources without ANSI bases to be tested individually using lamp
efficacy, similar to the required efficacy measurement for CFLKs with
ANSI base lamps. Additionally, information collected in manufacturer
interviews as part of the ongoing CFLK standards analysis also
indicated that this part of the test procedure may need further
clarification. DOE tentatively concluded that that the current
definitions for ``CFLK with integrated circuitry'' and ``other SSL
products'' were not clear and could lead to confusion when
manufacturers classify products and determine the required efficacy
measurement.
---------------------------------------------------------------------------
\19\ This comment is in response to the June 2021 RFI and can be
found on www.regulations.gov under Docket ID: EERE-2019-BT-STD-0040.
---------------------------------------------------------------------------
Under the current Appendix V1, CFLKs that use SSL circuitry are
separated as either a ``CFLK with integrated SSL circuitry'' or ``other
SSL products,'' and have different methods to measure efficacy. A CFLK
with integrated SSL circuitry is defined as a CFLK that has SSL light
sources, drivers, heat sinks, or intermediate circuitry (such as wiring
between a replaceable driver and a replaceable light source) that are
not consumer replaceable. Section 2.1 of 10 CFR Part 430, Subpart B,
Appendix V1. Because the SSL light source in a CFLK with integrated
circuitry will require cutting of wires or similar methods to remove
and test the light source, it cannot be restored to the same condition
it was prior to testing. Hence, DOE directs manufacturers to test and
report the efficacy with the light source in the CFLK, i.e., luminaire
efficacy. In this NOPR, to further clarify which CFLKs fall into this
category, DOE proposes to change the term ``CFLK with integrated SSL
circuitry'' to ``CFLK with non-consumer-replaceable SSL circuitry.''
Further, DOE proposes to modify the definition by specifying that the
light sources and all necessary components in these CFLKs cannot be
replaced without permanently altering the product; and specifying that
the light sources in these CFLKs do not have an ANSI base. DOE will
continue to require the measurement of luminaire efficacy for these
CFLKs. DOE proposes the following definition for ``CFLK with non-
consumer-replaceable SSL circuitry'':
CFLK with non-consumer-replaceable SSL circuitry means a CFLK
with a non-ANSI-standard base that has an SSL light source, driver,
heat sink, and intermediate circuitry (such as wiring between a
driver and light source), that are not consumer replaceable, i.e., a
consumer cannot replace the light source and all components
necessary for the starting and stable operation of the light source,
without permanently altering the product, and must replace the
entire CFLK upon failure.
Under section 2.4 of 10 CFR part 430, subpart B, Appendix V1,
``other SSL products'' are defined as an integrated unit consisting of
a light source, driver, heat sink, and intermediate circuitry that uses
SSL technology (such as light-emitting diodes or organic light-emitting
diodes) and is consumer replaceable in a CFLK. The term does not
include LED lamps with ANSI-standard bases. Examples of other SSL
products include OLED lamps, LED lamps with non-ANSI-standard bases,
such as Zhaga interfaces, and LED light engines. Hence, the SSL light
source is an integrated unit that can be removed, tested, and placed
back into the CFLK so it is the same product as it was when sold, i.e.,
consumer replaceable. Therefore, DOE directs manufacturers to remove
the SSL light source and test and report its efficacy, i.e., lamp
efficacy. In this NOPR to further clarify which CFLKs fall into this
category, DOE proposes to change the term ``other SSL products'' to
``CFLK with consumer-replaceable SSL circuitry.'' Further, DOE proposes
to modify the definition by specifying that the light sources and all
necessary components in these CFLKs can be replaced without permanently
altering the product; and specifying that the light sources in these
CFLKs do not have an ANSI base. DOE will continue to require the
measurement of lamp efficacy of the light sources in these CFLKs. DOE
proposes the following definition for ``CFLK with consumer-replaceable
SSL circuitry:''
CFLK with consumer-replaceable SSL circuitry means a CFLK with a
non-ANSI-standard base that has an SSL light source, driver, heat
sink, and intermediate circuitry (such as wiring between a driver
and light source) that are consumer replaceable, i.e., a consumer
can replace the light source and all components necessary for the
starting and stable operation of the light source as one integrated
unit, without permanently altering the product. Examples of CFLKs
with consumer-replaceable SSL circuitry include CFLKs that use OLED
lamps with non-ANSI-standard bases, LED lamps with non-ANSI-standard
bases, such as Zhaga interfaces, and LED light engines.
DOE proposes to continue to allow the luminaire efficacy of CFLKs
with non-consumer-replaceable SSL circuitry to be measured without a
cover if that cover is consumer replaceable. As such, DOE proposes to
also replace the reference of ``CFLKs with integrated SSL circuitry''
with ``CFLKs with non-consumer-replaceable SSL circuitry'' in the
definition of ``cover.'' Additionally, in the scope section of appendix
V1, DOE proposes to replace the reference of ``SSL products other than
integrated LED lamps'' with ``consumer-replaceable SSL circuitry other
than integrated LED lamps'' and replace the reference of ``integrated
SSL circuitry'' with ``non-consumer-replaceable SSL circuitry.''
As noted previously, to clarify the definitions of CFLKs with SSL
circuitry, DOE is proposing to specify that CFLKs with non-consumer-
replaceable SSL circuitry and CFLKs with consumer-replaceable SSL
circuitry have non-ANSI standard bases. Further, to clarify that other
SSL light sources with ANSI bases (not integrated LED lamps) must be
tested for lamp efficacy, DOE is proposing to specify the efficacy
measurement and referenced test procedure for these lamps in the table
in appendix V1.
DOE is also proposing to reflect these clarifications in the title
of appendix V1. DOE has tentatively concluded that clarifying the
terminology and definitions of CFLKs with SSL light sources will not
require a manufacturer
[[Page 13656]]
to change their method of testing and therefore will have no impact on
test costs. DOE requests comment on the proposed definitions for ``CFLK
with consumer-replaceable SSL circuitry'' and ``CFLK with non-consumer-
replaceable SSL circuitry.''
2. Photometric Measurements
In this NOPR, DOE is proposing to allow for the use of a
goniophotometer to test the lamp efficacy or luminaire efficacy of
CFLKs, as applicable.
ALA stated that informal testing conducted by ALA manufacturers
indicated that the difference in the measured efficacy using a
goniophotometer versus an integrated sphere was inconsequential. ALA
further stated that since efficacy differences are negligible, it
preferred the use of an integrated sphere because of time efficiency
and ease of use. (ALA, No. 4 at p. 2)
DOE has tentatively concluded that difference in measured efficacy
using a goniophotometer versus an integrated sphere is not significant
and allowing both the methods would allow manufacturers flexibility in
testing. Further, allowing manufacturers to test the performance of
CFLKs with either an integrated sphere or goniophotometer aligns the
CFLK test procedure with the DOE test procedures for GSFLs,
incandescent reflector lamps (``IRLs''), and general service
incandescent lamps (``GSILs''). Therefore, DOE is proposing to allow
the use of a goniophotometer in appendix V1. DOE has tentatively
concluded that allowing the use of both integrating sphere and
goniophotometer for photometric measurements will not require a
manufacturer to change their method of testing and therefore will have
no impact on test costs. DOE requests comment on the allowance of both
goniophotometer and integrating sphere methods and any data on the
difference in efficacy measurements when testing the same lamp with
goniophotometer versus integrating sphere.
D. Proposed Amendments to Appendix V
DOE proposes to remove appendix V as it is no longer needed. All
CFLKs manufactured as of January 21, 2020, must be tested according to
current appendix V1. See 80 FR 80209, 80220 and 81 FR 580. Therefore,
appendix V is no longer applicable, and removal of this appendix would
not result in any change to the currently applicable test procedure.
The CA IOUs and ALA both stated their support for removal of
appendix V. (CA IOUs, No. 3 at p.1; ALA, No. 4 at p.1) The CA IOUs
stated that under the current energy conservation standards, all CFLKs
manufactured as of January 21, 2020, must be tested in accordance with
appendix V1, and therefore appendix V is no longer applicable. (CA
IOUs, No. 3 at p. 1) ALA suggested DOE replace the language in appendix
V with the language in appendix V1. ALA stated that DOE could then
eliminate appendix V1 and update any cross references. (ALA, No. 4 at
p. 1) Because appendix V is no longer applicable for the test
procedure, DOE is proposing to remove appendix V. DOE also proposes to
rename appendix V1 as appendix V. DOE has tentatively concluded that
removing an unused appendix will have no impact on test costs.
E. Proposed Amendments to 10 CFR 429.33, 10 CFR 430.23, and 10 CFR
430.32.
As specified in section III.C, in the current appendix V1 (proposed
to be renamed appendix V), DOE is replacing ``other SSL products'' and
``integrated SSL circuitry'' respectively, with ``consumer-replaceable
SSL circuitry'' and ``non-consumer-replaceable SSL circuitry.'' The
terms ``other SSL products'' and ``integrated SSL circuitry'' are used
in 10 CFR 429.33 which specifies the CFLK sampling plan, represented
values, and certification; 10 CFR 430.23(x) which provides references
to DOE test procedures for lamps in CFLKs not within the scope of
appendix V1; and 10 CFR 430.32(s)(6) which specifies CFLK energy
conservation standards. To align with the revised terms in appendix V1,
in 10 CFR 429.33, 10 CFR 430.23(x) and 10 CFR 430.32(s)(6), DOE is
proposing to replace the terms ``other SSL products'' and ``integrated
SSL circuitry'' respectively, with ``consumer-replaceable SSL
circuitry'' and ``non-consumer-replaceable SSL circuitry.'' DOE is also
proposing to explicitly state the term ``other SSL light sources with
ANSI bases (not integrated LED lamps)'' in 10 CFR 429.33 and 10 CFR
430.23(x) to clarify instructions for these lamps.
F. Reporting
Manufacturers, including importers, must use product-specific
certification templates to certify compliance to DOE. For CFLKs, the
certification template reflects the general certification requirements
specified at 10 CFR 429.12 and the product-specific requirements
specified at 10 CFR 429.33. As discussed in the previous paragraphs,
DOE is not proposing to amend the product-specific certification
requirements for these products.
G. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In this NOPR, DOE proposes to amend the existing test procedure for
CFLKs by (1) updating references to industry standards to their latest
versions and incorporating industry standards necessary for executing
the test; (2) modifying appendix V1 to allow for the use of a
goniophotometer; (3) revising definitions regarding CFLKs with SSL
light sources in appendix V1 to clarify the scope and test methods for
CFLKs; and (4) removing appendix V, the test procedure that must be
used for CFLKs with pin-based sockets that are manufactured on or after
January 1, 2007, and prior to January 21, 2020 and renaming appendix V1
as appendix V.
The proposed updates and incorporation of industry standards do not
change the method of testing CFLKs, but only make minor changes to
certain testing specifications. The changes do not require the purchase
of additional equipment or increase test burden, and subsequently do
not impact testing costs. The proposed change to allow the use a
goniophotometer method is optional and does not require manufacturers
to change their current testing methodology, and therefore does not
impact testing costs. The proposed revision to definitions regarding
CFLKs with SSL light sources only clarifies the scope and test
methodology, and therefore does not impact testing costs. Finally, DOE
is proposing to remove appendix V because it is obsolete and therefore,
its removal does not impact testing costs. DOE has tentatively
determined that the amendments proposed in this NOPR would not impact
testing costs.
2. Harmonization
DOE's established practice is to adopt relevant industry standards
as DOE test procedures, unless such methodology would be unduly
burdensome to conduct or would not produce test results that reflect
the energy efficiency, energy use, water use (as specified in EPCA) or
estimated operating costs of that product during a representative
average use cycle or period of use. Section 8(c) of appendix A of 10
CFR part 430, subpart C. In cases where the industry standard does not
meet EPCA statutory criteria for test procedures, DOE will make
modifications through the rulemaking process to these standards as the
DOE test procedure.
DOE is proposing to update the latest version of several industry
test standards referenced in appendix V1. For the electrical and
photometric
[[Page 13657]]
measurement of CFLKs, DOE is proposing to incorporate by reference IES
LM-9-20 and IES LM-79-19. For seasoning instructions for CFLKs, DOE is
proposing to incorporate IES LM-54-20. For integrated sphere
measurements for CFLKs, DOE is proposing to incorporate IES LM-78-20.
The industry standards DOE proposes to incorporate by reference via
amendments described in this NOPR are discussed in further detail in
section III.B of this document. DOE requests comment on the benefits
and burdens of the proposed updates and additions to industry standards
referenced in the test procedure for CFLKs.
H. Compliance Date
EPCA prescribes that, if DOE amends a test procedure, all
representations of energy efficiency and energy use, including those
made on marketing materials and product labels, must be made in
accordance with that amended test procedure, beginning 180 days after
publication of such a test procedure final rule in the Federal
Register. (42 U.S.C. 6293(c)(2))
If DOE were to publish an amended test procedure EPCA provides an
allowance for individual manufacturers to petition DOE for an extension
of the 180-day period if the manufacturer may experience undue hardship
in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive such an
extension, petitions must be filed with DOE no later than 60 days
before the end of the 180-day period and must detail how the
manufacturer will experience undue hardship. (Id.)
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (``OMB'') has determined that
this test procedure rulemaking does not constitute ``significant
regulatory actions'' under section 3(f) of Executive Order (``E.O.'')
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
order by the Office of Information and Regulatory Affairs (``OIRA'') in
OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: www.energy.gov/gc/office-general-counsel.
For manufacturers of CFLKs, the Small Business Association
(``SBA'') has set a size threshold, which defines those entities
classified as ``small businesses'' for the purposes of the statute. DOE
used the SBA's small business size standards to determine whether any
small entities would be subject to the requirements of the rule. See 13
CFR part 121. The size standards are listed by the North American
Industry Classification System (``NAICS'') code and industry
description and are available at www.sba.gov/document/support--table-size-standards. Manufacturing of CFLKs is classified under NAICS
335210, ``Small Electrical Appliance Manufacturing.'' The SBA sets a
threshold of 1,500 employees or less for an entity to be considered as
a small business for this category.
To estimate the number of companies that could be small businesses
that manufacture CFLKs impacted by this rulemaking, DOE conducted a
survey using information from DOE's Compliance Certification Database
and previous rulemakings. DOE used information from these sources to
create a list of companies that potentially manufacture or sell CFLKs.
DOE screened out companies that do not offer products covered by this
rulemaking, do not meet the definition of a ``small business,'' or are
foreign owned and operated. DOE determined that 31 companies are small
businesses that manufacture CFLKs covered by this rulemaking.
DOE has tentatively concluded that the proposed updates to DOE's
test procedure for CFLKs do not involve substantive changes to the test
setup and methodology and will not pose any additional test burden or
additional test costs for any CFLK manufacturers, large or small.
Therefore, DOE initially concludes that the impacts of the proposed
test procedure amendments proposed in this NOPR would not have a
``significant economic impact on a substantial number of small
entities,'' and that the preparation of an IRFA is not warranted. DOE
will transmit the certification and supporting statement of factual
basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of CFLKs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including CFLKs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (``PRA''). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this NOPR, DOE proposes test procedure amendments that it
expects will be used to develop and implement future energy
conservation standards for CFLKs. DOE has determined that this rule
falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
[[Page 13658]]
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed
[[Page 13659]]
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of CFLKs is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the test procedure for CFLKs would
incorporate testing methods contained in certain sections of the
following commercial standards:
(1) ANSI/IES LM-9-20--Approved Method: Electrical and
Photometric Measurement of Fluorescent Lamps, Approved February 7,
2020;
(2) ANSI/IES LM-54-20--Approved Method: IES Guide to Lamp
Seasoning, Approved February 7, 2020;
(3) IESNA LM-75-01/R12--Goniophotometer Types and Photometric
Coordinates, Approved August 4, 2001;
(4) IES LM-78-17--Approved Method: Total Flux Measurement of
Lamps Using an Integrating Sphere, Approved January 9, 2017;
(5) ANSI/IES LM-78-20--Approved Method: Total Luminous Flux
Measurement of Lamps Using an Integrating Sphere Photometer,
Approved February 7, 2020; and
(6) ANSI/IES LM-79-19--Approved Method: Optical and Electrical
Measurements of Solid-State Lighting Products, Approved February 28,
2019.
DOE has evaluated these standards and is unable to conclude whether
they fully comply with the requirements of section 32(b) of the FEAA
(i.e., whether it was developed in a manner that fully provides for
public participation, comment, and review). DOE will consult with both
the Attorney General and the Chairman of the FTC concerning the impact
of these test procedures on competition, prior to prescribing a final
rule.
M. Description of Materials Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the test
standard published by IES, ``ANSI/IES LM-9-20--Approved Method:
Electrical and Photometric Measurement of Fluorescent Lamps. IES LM-9-
20 is an industry accepted standard that describes methods for taking
electrical and photometric measurement of fluorescent lamps. The test
procedure proposed in this NOPR references IES LM-9 for testing the
performance of fluorescent lamps. IES LM-9 is readily available on
IES's website at https://www.ies.org/store.
In this NOPR, DOE proposes to incorporate by reference the test
standard published by IES, ANSI/IES LM-79-19--Approved Method: Optical
and Electrical Measurements of Solid-State Lighting Products. IES LM-
79-19 is an industry accepted standard that describes methods for
taking electrical and photometric measurements of SSL products. The
test procedure proposed in this NOPR references IES LM-79 for testing
of CFLKs with SSL circuitry. IES LM-79 is readily available on IES's
website at https://www.ies.org/store.
In this NOPR, DOE proposes to incorporate by reference the test
standard published by IES, ANSI/IES LM-54-20--Approved Method: IES
Guide to Lamp Seasoning. IES LM-54-20 is an industry accepted test
standard that specifies a method for seasoning lamps. The test
procedure proposed in this NOPR references IES LM-9 for testing the
fluorescent lamps, which in turn references IES LM-54 for seasoning
lamps. IES LM-54 is readily available on IES's website at https://www.ies.org/store.
In this NOPR, DOE proposes to incorporate by reference the test
standard published by IES, IESNA LM-75-01/R12--Goniophotometer Types
and Photometric Coordinates. IESNA LM-75-01/R12 is an industry accepted
test standard that specifies goniophotometer types and photometric
coordinates. The test procedure proposed in this NOPR references IES
LM-79 for testing CFLKs with SSL circuitry, which in turn references
IESNA LM-75-01/R12 for general recommendations and requirements on
making measurement with goniophotometers. IESNA LM-75-01/R12 is
available with the purchase of the lighting library subscription on
IES's website at https://www.ies.org/store.
In this NOPR, DOE proposes to incorporate by reference the test
standard published by IES, ANSI/IES LM-78-20--Approved Method: Total
Luminous Flux Measurement of Lamps Using an Integrating Sphere
Photometer. IES LM-78-20 is an industry accepted test standard that
specifies a method for measuring lumen output in an integrating sphere.
The test procedure proposed in this NOPR references IES LM-9 for
testing the performance of fluorescent lamps, which in turn references
IES LM-78-20 for integrating sphere photometer calibration and
measurements. IES LM-78-20 is readily available on IES's website at
https://www.ies.org/store.
In this NOPR, DOE proposes to incorporate by reference the test
standard published by IES, IES LM-78-17--Approved Method: Total Flux
Measurement of Lamps Using an Integrating Sphere. IES LM-78-17 is an
industry accepted test standard that specifies a method for measuring
lumen output in an integrating sphere. The test procedure proposed in
this NOPR references IES LM-79 for testing CFLKs with SSL circuitry,
which in turn references IES LM-78-17 for integrating sphere photometer
calibration and measurements. IES LM-78-17 is readily available on
IES's website at https://www.ies.org/store.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=10. Participants are responsible for ensuring
their systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
document, or who is representative of a group or class of persons that
has an interest in these issues, may request an opportunity to
[[Page 13660]]
make an oral presentation at the webinar. Such persons may submit to
[email protected]. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this rulemaking and the topics they
wish to discuss. Such persons should also provide a daytime telephone
number where they can be reached.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar/public meeting. There shall not be
discussion of proprietary information, costs or prices, market share,
or other commercial matters regulated by U.S. anti-trust laws. After
the webinar/public meeting and until the end of the comment period,
interested parties may submit further comments on the proceedings and
any aspect of the rulemaking.
The webinar/public meeting will be conducted in an informal,
conference style. DOE will present summaries of comments received
before the webinar/public meeting, allow time for prepared general
statements by participants, and encourage all interested parties to
share their views on issues affecting this rulemaking. Each participant
will be allowed to make a general statement (within time limits
determined by DOE), before the discussion of specific topics. DOE will
permit, as time permits, other participants to comment briefly on any
general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this rulemaking. The
official conducting the webinar/public meeting will accept additional
comments or questions from those attending, as time permits. The
presiding official will announce any further procedural rules or
modification of the above procedures that may be needed for the proper
conduct of the webinar/public meeting.
A transcript of the webinar/public meeting will be included in the
docket, which can be viewed as described in the Docket section at the
beginning of this document. In addition, any person may buy a copy of
the transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule.\20\ Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
---------------------------------------------------------------------------
\20\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. Sec. 2576) (1993) (``NAFTA Implementation Act'');
and Executive Order 12889, ``Implementation of the North American
Free Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on
July 1, 2020, the Agreement between the United States of America,
the United Mexican States, and the United Canadian States
(``USMCA''), Nov. 30, 2018, 134 Stat. 11 (i.e., the successor to
NAFTA), went into effect, and Congress's action in replacing NAFTA
through the USMCA Implementation Act, 19 U.S.C. 4501 et seq. (2020),
implies the repeal of E.O. 12889 and its 75-day comment period
requirement for technical regulations. Thus, the controlling laws
are EPCA and the USMCA Implementation Act. Consistent with EPCA's
public comment period requirements for consumer products, the USMCA
only requires a minimum comment period of 60 days. Consequently, DOE
now provides a 60-day public comment period for test procedure
NOPRs.
---------------------------------------------------------------------------
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments
Include contact information each time you submit comments, data,
documents, and other information to DOE. No faxes will be accepted.
[[Page 13661]]
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked non-confidential with the
information believed to be confidential deleted. DOE will make its own
determination about the confidential status of the information and
treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE requests comment on its assessments of the impacts of
incorporating by reference IES LM-9-20, IES LM-54-20, IESNA LM-75-
01/R12, IES LM-79-19, IES LM-78-20, and IES LM-78-17 for appendix
V1. See section III.B of this document.
(2) DOE requests comment on the proposed definitions for ``CFLK
with consumer-replaceable SSL circuitry'' and ``CFLK with non-
consumer-replaceable SSL circuitry.'' See section III.C.1 of this
document.
(3) DOE requests comment on the allowance of both
goniophotometer and integrating sphere methods and any data on the
difference in efficacy measurements when testing the same lamp with
a goniophotometer versus an integrating sphere. See section III.C.2
of this document.
(4) DOE requests comment on the benefits and burdens of the
proposed updates and additions to industry standards referenced in
the test procedure for CFLKs. See section III.G of this document.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and announcement of public meeting.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signing Authority
This document of the Department of Energy was signed on March 1,
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on March 2, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
parts 429 and 430 of chapter II of title 10, Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
Sec. 429.33 [Amended]
0
2. Amend Sec. 429.33 by:
0
a. Removing ``other SSL lamps (not integrated LED lamps)'' and adding
in its place ``consumer-replaceable SSL circuitry (not integrated LED
lamps) and other SSL lamps that have an ANSI standard base and are not
integrated LED lamps'' in paragraph (a)(3)(i)(F); and
0
b. Removing ``integrated SSL circuitry'' and adding in its place ``non-
consumer-replaceable SSL circuitry'' in paragraph (a)(3)(ii).
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
3. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
4. Amend Sec. 430.3 by:
0
a. Revising paragraph (a);
0
b. In paragraph (p)(2), removing the text ``appendices R, V, and V1''
and adding in its place, ``appendix R'';
0
c. Removing paragraph (p)(13);
0
d. Redesignating paragraphs (p)(4) through (20) as follows:
------------------------------------------------------------------------
Old New
------------------------------------------------------------------------
paragraphs (p)(4) through (10)............ paragraphs (p)(5) through
(11).
paragraphs (p)(11) and (12)............... paragraphs (p)(13) and (14).
paragraph (p)(14)......................... paragraph (p)(15).
paragraph (p)(15)......................... paragraph (p)(17).
paragraph (p)(16)......................... paragraph (p)(20).
paragraph (p)(17)......................... paragraph (p)(21).
paragraphs (p)(18) through (20)........... paragraphs (p)(23) through
(25).
------------------------------------------------------------------------
0
e. Adding new paragraphs (p)(4), (12), (16), (18), and (19);
0
f. In newly redesignated paragraph (p)(20), removing the text
``appendices V1 and BB'' and adding, in its place, ``appendix BB''; and
0
g. Adding new paragraph (p)(22).
The revision and additions read as follows:
Sec. 430.3 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this part
with the
[[Page 13662]]
approval of the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the U.S. Department of Energy (DOE) must
publish a document in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the DOE and at the National Archives and Records
Administration (NARA). Contact DOE at: The U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Building Technologies
Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024,
(202) 586-9127, [email protected], https://www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on
the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
(p) * * *
(4) ANSI/IES LM-9-20 (``IES LM-9-20''), Approved Method: Electrical
and Photometric Measurements of Fluorescent Lamps, approved February 7,
2020; IBR approved for appendix V to subpart B.
* * * * *
(12) ANSI/IES LM-54-20 (``IES LM-54-20''), Approved Method: IES
Guide to Lamp Seasoning, approved February 7, 2020; IBR approved for
appendix V to subpart B.
* * * * *
(16) IESNA LM-75-2001/R12, Goniophotometer Types and Photometric
Coordinates, approved August 4, 2001; IBR approved for appendix V to
subpart B.
* * * * *
(18) IES LM-78-17, Approved Method: Total Flux Measurement of Lamps
Using an Integrating Sphere,'' approved January 9, 2017; IBR approved
for appendix V to subpart B.
(19) ANSI/IES LM-78-20 (``IES LM-78-20''), Approved Method: Total
Luminous Flux Measurement of Lamps Using an Integrating Sphere
Photometer, approved February 7, 2020; IBR approved for appendix V to
subpart B.
* * * * *
(22) ANSI/IES LM-79-019 (``IES LM-79-19''), Approved Method:
Optical and Electrical Measurements of Solid-State Lighting Products,
approved February 28, 2019; IBR approved for appendix V to subpart B.
* * * * *
0
5. Amend Sec. 430.23 by:
0
a. Removing paragraph (x)(1);
0
b. Redesignating paragraph (x)(2) as paragraph (x)(1);
0
c. Revising newly designated paragraph (x)(1)(v); and
0
d. Reserving paragraph (x)(2).
The revision reads as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(x) * * *
(1) * * *
(v) For a ceiling fan light kit packaged with other fluorescent
lamps (not compact fluorescent lamps or general service fluorescent
lamps), packaged with consumer-replaceable SSL circuitry (not
integrated LED lamps), packaged with non-consumer-replaceable SSL
circuitry, or packaged with other SSL lamps that have an ANSI standard
base (not integrated LED lamps), measure efficacy in accordance with
section 3 of appendix V of this subpart for each lamp basic model,
consumer-replaceable SSL circuitry basic model, or non-consumer-
replaceable SSL circuitry basic model.
* * * * *
Appendix V to Subpart B of Part 430 [Removed]
0
6. Remove appendix V to subpart B of part 430.
Appendix V1 to Subpart B of Part 430 [Redesignated]
0
7. Redesignate appendix V1 to subpart B of part 430 as appendix V to
subpart B of part 430.
0
8. Revise newly redesignated appendix V to subpart B of part 430 to
read as follows:
Appendix V to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Ceiling Fan Light Kits Packaged With Other
Fluorescent Lamps (not Compact Fluorescent Lamps or General Service
Fluorescent Lamps), Packaged With Consumer-Replaceable SSL Circuitry
(not Integrated LED Lamps), Packaged With Non-Consumer-Replaceable SSL
Circuitry, or Packaged With Other SSL Lamps That Have an ANSI Standard
Base (not Integrated LED Lamps)
Any representations about the energy use or efficiency of any
ceiling fan light kit packaged with fluorescent lamps other than
compact fluorescent lamps or general service fluorescent lamps,
packaged with consumer-replaceable SSL circuitry other than
integrated LED lamps, or packaged with non-consumer-replaceable SSL
circuitry, or packaged with SSL lamps that have an ANSI standard
base (not integrated LED lamps) made on or after the compliance date
of any amended energy conservation standards must be based on
testing pursuant to this appendix. Manufacturers may make
representations based on testing in accordance with this appendix
prior to the compliance date of any amended energy conservation
standards, provided that such representations demonstrate compliance
with the amended energy conservation standards.
0. Incorporation by Reference. DOE incorporated by reference in
Sec. 430.3, the entire standard for: IES LM-9-20, IES LM-54-20, IES
LM-75-01/R12, IES LM-78-17, IES LM-78-20, and IES LM-79-19; however,
only enumerated provisions of IES LM-9-20 and IES LM-79-19 are
applicable to this appendix as follows:
(1) IES LM-9-20 as referenced by section 3 of this appendix
(i) Section 4.0 ``Ambient and Physical Conditions''.
(ii) Section 5.0 ``Electrical Conditions''.
(iii) Section 6.0 ``Lamp Test Procedures''.
(iv) Section 7.0 ``Photometric Test Procedures''.
(2) IES LM-79-19 as referenced by section 3 of this appendix
(i) Section 4.0 ``Physical and Environmental Test Conditions''.
(ii) Section 5.0 ``Electrical Test Conditions''.
(iii) Section 6.0 ``Test Preparation''.
(iv) Section 7.0 ``Total Luminous Flux and Integrated Optical
Measurements''.
1. Scope: This appendix establishes the test requirements to
measure the energy efficiency of all ceiling fan light kits (CFLKs)
packaged with fluorescent lamps other than compact fluorescent lamps
(CFLs) or general service fluorescent lamps (GSFLs), packaged with
consumer-replaceable solid-state lighting (SSL) circuitry (not
integrated light-emitting diode [LED] lamps), packaged with non-
consumer-replaceable SSL circuitry, or packaged with SSL lamps that
have an American National Standards Institute (ANSI) standard base
(not integrated LED lamps).
2. Definitions
2.1. CFLK with non-consumer-replaceable SSL circuitry means a
CFLK with a non-ANSI-standard base that has an SSL light source,
driver, heat sink, and intermediate circuitry (such as wiring
between a driver and light source), that are not consumer
replaceable, i.e., a consumer cannot replace the light source and
all components necessary for the starting and stable operation of
the light source, without permanently altering the product, and must
replace the entire CFLK upon failure.
2.2. CFLK with consumer-replaceable SSL circuitry means a CFLK
with a non-ANSI-standard base that has an SSL light source, driver,
heat sink, and intermediate circuitry (such as wiring between a
driver and light source) that are consumer replaceable, i.e., a
consumer can replace the light source and all components necessary
for the starting and stable operation of the light source as one
integrated unit, without permanently altering the product. Examples
of CFLKs with consumer-replaceable SSL circuitry include CFLKs that
use OLED lamps with non-ANSI-standard bases, LED lamps with non-
ANSI-
[[Page 13663]]
standard bases, such as Zhaga interfaces, and LED light engines.
2.3. Covers means materials used to diffuse or redirect light
produced by an SSL light source in CFLKs with non-consumer-
replaceable SSL circuitry.
2.4. Other (non-CFL and non-GSFL) fluorescent lamp means a low-
pressure mercury electric-discharge lamp in which a fluorescing
coating transforms some of the ultraviolet energy generated by the
mercury discharge into light, including but not limited to circline
fluorescent lamps, and excluding any compact fluorescent lamp and
any general service fluorescent lamp.
2.5. Solid-State Lighting (SSL) means technology where light is
emitted from a solid object--a block of semiconductor--rather than
from a filament or plasma, as in the case of incandescent and
fluorescent lighting. This includes inorganic light-emitting diodes
(LEDs) and organic light-emitting diodes (OLEDs).
3. Test Conditions and Measurements
For any CFLK that utilizes consumer replaceable lamps or
consumer-replaceable SSL circuitry, measure the lamp efficacy of
each basic model of lamp or SSL light source packaged with the CFLK.
For any CFLK only with non-consumer-replaceable SSL circuitry,
measure the luminaire efficacy of the CFLK. For any CFLK that
includes consumer replaceable lamps or consumer-replaceable SSL
circuitry and non-consumer-replaceable SSL circuitry, measure both
the lamp efficacy of each basic model of lamp or consumer-
replaceable SSL light source packaged with the CFLK and the
luminaire efficacy of the CFLK with all consumer replaceable lamps
or consumer-replaceable SSL light sources removed. Take measurements
at full light output. For each test, use the test procedures in the
table in this section. CFLKs with non-consumer-replaceable SSL
circuitry and consumer replaceable covers may be measured with their
covers removed but must otherwise be measured according to the table
in this section.
------------------------------------------------------------------------
Lamp or luminaire
Lighting technology efficacy Referenced test
measured procedure
------------------------------------------------------------------------
Other (non-CFL and non-GSFL) Lamp Efficacy.... IES LM-9-20, sections
fluorescent lamps. 4-7 and
corresponding
subsections
including references
to IES LM-54-20
(lamp seasoning);
IES-LM-78-20
(integrating sphere
measurements).
CFLKs with consumer- Lamp Efficacy.... IES LM-79-19,
replaceable SSL circuitry. sections 4-7 and
corresponding
subsections
including references
to IES-LM-78-17
(integrating sphere
measurements); IES
LM-75-01/R12
(goniophotometer
measurements).
CFLKs with non-consumer- Luminaire IES LM-79-19,
replaceable SSL circuitry. Efficacy. sections 4-7 and
corresponding
subsections
including references
to IES-LM-78-17
(integrating sphere
measurements); IES
LM-75-01/R12
(goniophotometer
measurements).
Other SSL lamps that have an Lamp Efficacy.... IES LM-79-19,
ANSI standard base and are sections 4-7 and
not integrated LED lamps. corresponding
subsections
including references
to IES-LM-78-17
(integrating sphere
measurements); IES
LM-75-01/R12
(goniophotometer
measurements).
------------------------------------------------------------------------
0
9. Amend Sec. 430.32 by revising paragraph (s)(6).
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(s) * * *
(6) Ceiling fan light kits manufactured on or after January 21,
2020 must be packaged with lamps to fill all sockets, and each basic
model of lamp packaged with the basic model of CFLK, each basic model
of consumer-replaceable SSL circuitry packaged with the basic model of
CFLK, and each basic model of non-consumer-replaceable SSL circuitry in
the CFLK basic model shall meet the requirements shown in paragraphs
(s)(6)(i) and (ii) of this section:
------------------------------------------------------------------------
Lumens \1\ Minimum required efficacy (lm/W)
------------------------------------------------------------------------
(i) <120........................... 50.
(ii) >=120......................... (74.0-29.42 x 0.9983\lumens\).
------------------------------------------------------------------------
\1\ Use the lumen output for each basic model of lamp packaged with the
basic model of CFLK, each basic model of consumer-replaceable SSL
circuitry packaged with the basic model of CFLK, or each basic model
of non-consumer-replaceable SSL in the CFLK basic model to determine
the applicable standard.
* * * * *
[FR Doc. 2022-04764 Filed 3-9-22; 8:45 am]
BILLING CODE 6450-01-P
