Energy Conservation Program: Test Procedure for Ceiling Fan Light Kits, 21061-21074 [2023-06987]
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Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Rules and Regulations
in Sacramento; and $9,700 for
administrative expenses. Budgeted
expenses for the 2021–22 fiscal period
were $80,000 for management expenses,
$8,700 for administrative expenses, and
$7,500 for financial audits.
Prior to arriving at the recommended
assessment rate, the Committee
considered alternative levels of
assessment, including maintaining the
current assessment rate, but ultimately
determined that such alternative rates
would not generate sufficient revenue to
meet budgeted expenses. The
recommended assessment rate of $0.035
per 9-kilo container or equivalent of
assessable kiwifruit was derived by
considering anticipated expenses, the
projected volume of assessable
kiwifruit, the Committee’s financial
reserve, and additional pertinent factors.
According to data from NASS, the
2021 season average grower price was
$2,440 per ton, or $24.16 per 9-kilo
container ($2,440 divided by 2,000
pounds times 19.8 pounds (9 kilograms
equals approximately 19.8 pounds)).
With an assessment rate of $0.035 per 9kilo container, assessments as a
percentage of revenue will be
approximately 0.145 percent ($0.035
divided by $24.16).
This action increases the assessment
obligation imposed on handlers. While
assessments impose additional costs on
handlers, the costs are minimal and
uniform on all handlers. Some of the
additional costs may be passed on to
growers. However, these costs are
expected to be offset by the benefits
derived by the operation of the Order.
The Committee’s meeting was widely
publicized throughout the California
kiwifruit industry, and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the July 26, 2022,
meeting was a public meeting and all
entities, both large and small, were able
to express views on this issue.
Additionally, interested persons were
invited to submit comments on the
proposed rule, including the regulatory
and informational impacts of this action
on small businesses.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C
Chapter 35), the Order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189 Fruit
Crops. No changes in those
requirements will be necessary as a
result of this rule. Should any changes
become necessary, they will be
submitted to OMB for approval.
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This rule imposes no additional
reporting or recordkeeping requirements
on either small or large California
kiwifruit handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
AMS has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A proposed rule concerning this
action was published in the Federal
Register on January 3, 2023 (88 FR 16).
Copies of the proposed rule were also
mailed or sent via email to all California
kiwifruit handlers. A copy of the
proposed rule was made available
through the internet by USDA and the
Office of the Federal Register. A 30-day
comment period ending February 2,
2023, was provided for interested
persons to respond to the proposal. No
comments were received. Accordingly,
no changes have been made to the rule
as proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://
www.ams.usda.gov/rules-regulations/
moa/small-businesses. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Committee and other
available information, AMS has
determined that this rule tends to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 920 as
follows:
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 920 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. § 920.213 is revised to read as
follows:
■
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§ 920.213
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Assessment rate.
On and after August 1, 2022, an
assessment rate of $0.035 per 9-kilo
volume-fill container or equivalent of
kiwifruit is established for kiwifruit
grown in California.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–07126 Filed 4–7–23; 8:45 am]
BILLING CODE 3410–02–P
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: Final rule.
AGENCY:
In this final rule, the U.S.
Department of Energy (‘‘DOE’’) is
amending the test procedure for ceiling
fan light kits (‘‘CFLKs’’) to update
references to industry standards to their
latest versions; incorporate by reference
additional industry standards necessary
for executing the test; allow the use of
a goniophotometer; revise definitions
regarding CFLKs with solid-state
lighting (‘‘SSL’’) light sources to clarify
the scope and test methods for such
products; and remove an obsolete test
method for CFLKs.
DATES: The effective date of this rule is
May 11, 2023. The amendments will be
mandatory for product testing starting
October 10, 2023.
The incorporation by reference of
certain materials listed in this rule is
approved by the Director of the Federal
Register on May 11, 2023.
ADDRESSES: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
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, not all documents listed in
the index may be publicly available,
such as those containing information
that is exempt from public disclosure.
A link to 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
SUMMARY:
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docket. For further information on how
to review the docket, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
0371. Email: ApplianceStandards
Questions@ee.doe.gov.
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:
Amelia.Whiting@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
incorporates by reference the following
industry standards into 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’’).
ANSI/IES LM–75–19, Approved
Method: Guide to Goniometer
Measurements and Types, and
Photometric Coordinate Systems,
approved November 22, 2019 (‘‘IES LM
75–19’’).
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, IES LM–75–19, IES LM–78–20, and
IES LM–79–19 can be obtained by going
to store.ies.org or webstore.ansi.org.
For a further discussion of these
standards, see section IV.N of this
document.
ddrumheller on DSK120RN23PROD with RULES1
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
C. Amendments to Appendix V1
1. Revising Definitions for CFLKs With SSL
Light Sources
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2. Photometric Measurements
D. Amendments to Appendix V
E. Amendments to 10 CFR 429.33, 10 CFR
430.23, and 10 CFR 430.32
F. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
G. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866
and 13563
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. Congressional Notification
N. Description of Materials Incorporated by
Reference
V. 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 10 CFR part 430
section 32(s); 10 CFR, part 430 section
23(x); 10 CFR part 430, subpart B,
appendix V (‘‘appendix V’’); and 10 CFR
part 430, subpart B, appendix V1
(‘‘appendix V1’’), respectively. 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
equipment.
A. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, 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 of EPCA 2
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
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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this document. (42 U.S.C. 6291(50),
6293(b)(16)(A)(ii), 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 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
under EPCA (42 U.S.C. 6295(s)) and (2)
making other representations about the
efficiency of those products (42 U.S.C.
6293(c)). Similarly, DOE must use these
test procedures to determine whether
the products comply with any 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 shall 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 (as determined by the
Secretary) or period of use and shall 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 seven years, DOE evaluate test
procedures for each type of covered
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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. (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.
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 into the overall energy
efficiency, energy consumption, or other
energy descriptor, unless the current
test procedure already incorporates the
standby mode and off mode energy
consumption, or if such integration is
technically infeasible. (42 U.S.C.
6295(gg)(2)(A)) If an integrated test
procedure is technically infeasible, DOE
must prescribe separate standby mode
and off mode energy use test procedures
for the covered product, if a separate
test is technically feasible. (Id.) Any
such amendment must consider the
most current versions of the
International Electrotechnical
Commission (‘‘IEC’’) Standard 62301 3
3 IEC
62301, Household electrical appliances—
Measurement of standby power (Edition 2.0, 2011–
01).
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and IEC Standard 62087 4 as applicable.
(Id.)
DOE is publishing this final rule in
satisfaction of the seven-year review
requirement specified in EPCA. (42
U.S.C. 6293(b)(1)(A))
B. Background
DOE’s existing test procedures for
CFLKs appear at title 10 of the CFR part
430, subpart B, section 23(x); 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’’). Use of
appendix V is required for CFLKs with
pin-based sockets that are manufactured
on or after January 1, 2007, and prior to
January 21, 2020. All CFLKs
manufactured as of January 21, 2020,
must be tested according to current
appendix V1. See 80 FR 80209, 80220
(December 24, 2015) and 81 FR 580
(January 6, 2016).
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.
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
4 IEC 62087, Audio, video, and related
equipment—Methods of measurement for power
consumption (Edition 1.0, Parts 1–6: 2015, Part 7:
2018).
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21063
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)(3)–(4) 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. See 80 FR 80209, 80220
and 81 FR 580.
As specified in section I.A of this
document, EPCA requires DOE to
review test procedures for covered
products at least once every seven years.
42 U.S.C. 6293(b)(1)(A) DOE initiated
the first step in the seven-year review
process by publishing a request for
information (‘‘RFI’’) document on May
4, 2021. 86 FR 23635. On March 10,
2022, DOE published a NOPR (‘‘March
2022 NOPR’’) proposing to update
referenced industry standards to their
latest versions and incorporate industry
standards necessary for executing the
test; to modify appendix V1 to allow for
the use of a goniophotometer; to revise
definitions regarding CFLKs with SSL
light sources in appendix V1 to clarify
the scope and test methods for CFLKs;
and to remove appendix V, which is
now obsolete, and rename appendix V1
as appendix V. 87 FR 13648, 13651.
DOE held a public meeting via webinar
related to the March 2022 NOPR on
April 11, 2022 (hereafter, the ‘‘NOPR
public meeting’’).
DOE received one comment in
response to the March 2022 NOPR, as
indicated in Table I.1.
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TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE MARCH 2022 NOPR
Commenter(s)
Reference in this final rule
Comment
No. in the
docket
American Lighting Association ....................................................
ALA ...........................................
9
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.5 To the extent that
interested parties have provided written
comments that are substantively
consistent with any oral comments
provided during the NOPR public
meeting, DOE cites the written
comments throughout this final rule.
Any oral comments provided during the
NOPR public meeting that are not
substantively addressed by written
comments are summarized and cited
separately throughout this final rule.
II. Synopsis of the Final Rule
In this final rule, DOE is amending 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
Commenter type
Trade Association.
the use of a goniophotometer; (3) revise
definitions in appendix V1 regarding
CFLKs with SSL light sources to clarify
the scope and test methods for CFLKs;
and (4) remove appendix V, which is
now obsolete, and rename appendix V1
as appendix V.
DOE’s amended actions are
summarized and compared to the
current test procedure in Table II.1,
along with the reason for the amended
change.
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TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE
Current DOE test procedure
Amended 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.
Defines ‘‘CFLK with integrated SSL circuitry’’
and ‘‘other SSL products’’ in appendix V1.
Adopts the latest version, i.e., 2020, of the referenced industry standard ..........
Harmonizes with updated industry
standards.
Adopts the latest version, i.e., 2019, of the referenced industry standard ..........
Harmonizes with updated industry
standards.
Adopts ANSI/IES LM–54–20 which is referenced for lamp seasoning in ANSI/
IES LM–9–20.
Industry standard addition in test
procedure.
Adopts ANSI/IES LM–78–20 which is referenced for integrating sphere measurements in ANSI/IES LM–9–20.
Industry standard addition in test
procedure.
Updates the term names and definitions for ‘‘CFLK with integrated SSL circuitry’’ and ‘‘other SSL products,’’ to ‘‘CFLK with non-consumer-replaceable
SSL’’ and ‘‘CFLK with consumer-replaceable SSL,’’ respectively. Updates
the definitions for these terms.
References appendix V and appendix V1 ......
Removes appendix V ............................................................................................
Does not allow the use of a goniophotometer
Allows the use of a goniophotometer and adopts ANSI/IES LM–75–19, which
this test procedure is referencing for goniophotometer measurements in
ANSI/IES LM–79–19.
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.
DOE has determined that the
amendments described in section III and
adopted in this document will not alter
the measured efficiency of CFLKs or
require retesting or recertification solely
as a result of DOE’s adoption of the
amendments to the test procedures.
Additionally, DOE has determined that
the amendments will not increase the
cost of testing. DOE’s actions are
addressed in detail in section III of this
document.
The effective date for the amended
test procedures adopted in this final
rule is 30 days after publication of this
document in the Federal Register.
Representations of energy use or energy
efficiency must be based on testing in
accordance with the amended test
procedures beginning 180 days after the
publication of this final rule.
This rulemaking addresses the DOE
test procedure for CFLKs. DOE defines
CFLKs as 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.
ALA recommended that in the second
part of the CFLK definition DOE add
‘‘package’’ following the phrase ‘‘but
may be included inside the ceiling fan’’
to read ‘‘but may be included inside the
ceiling fan package’’ [emphasis added].
ALA stated this replacement would
eliminate any ambiguity about whether
a CFLK needs to be physically inside a
ceiling fan. (ALA, No. 9 at p. 1).
DOE notes that EPCA defines CFLK
(see 42 U.S.C. 6291(50)). Specifically,
the phrasing ‘‘not physically attached to
the ceiling fan’’ in the definition of
CFLK indicates that the CFLK does not
need to be physically inside of the
5 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for CFLK
(Docket No. EERE–2019–BT–TP–0024, maintained
at www.regulations.gov). The references are
arranged as follows: (commenter name, comment
docket ID number, page of that document).
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III. Discussion
A. Scope of Applicability
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ceiling fan (i.e., already attached to the
ceiling fan) at the time of retail sale.
This is understood within the context of
the phrasing 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.’’ ALA’s comment correctly
reflects that the term ‘‘ceiling fan’’ in the
second part of the CFLK definition
refers to the entirety of the ceiling fan
product as provided to the consumer at
the time of sale, i.e., the ‘‘ceiling fan
package.’’ Given DOE’s understanding
of the definition of CFLK in that the
CFLK does not need to be physically
attached to the ceiling fan (i.e., already
attached to the ceiling fan) at the time
of retail sale, and in deference to the
statutorily established definition, DOE
has determined that the definition does
not require the additional clarity
recommended by ALA.
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B. Updates to Industry Standards
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’’) 6 for testing ‘‘other
fluorescent lamps’’ (i.e., not compact
fluorescent lamps or general service
fluorescent lamps (‘‘GSFLs’’)) and the
2008 version of IES LM–79 (‘‘IES LM–
79–08’’) 7 for testing ‘‘other SSL
products’’ (i.e., not integrated LED
lamps) and CFLKs with integrated SSL
circuitry. 10 CFR part 430, subpart B,
appendix V1. Appendix V1 references
these industry standards for test
conditions and measurements. In the
March 2022 NOPR, DOE identified
updated versions of these referenced
industry test standards. 87 FR 13648,
13652.
IES LM–9–09, which provides
methods for taking electrical and
photometric measurements of
fluorescent lamps, has been updated
with a 2020 version 8 (‘‘ANSI/IES LM–
9–20). In the March 2022 NOPR, DOE
identified no major changes in ANSI/
IES LM–9–20 compared to IES LM–9–
09, except for updates to certain
relevant references. These updates were:
6 Illuminating Engineering Society, IES LM–9–09,
Approved Method: Electrical and Photometric
Measurement of Fluorescent Lamps. Approved
January 31, 2009.
7 Illuminated Engineering Society, LM–79–08,
Approved Method: Electrical and Photometric
Measurements of Solid-State Lighting Products.
Approved December 31, 2007.
8 Illuminating Engineering Society, ANSI/IES
LM–9–20, Approved Method: Electrical and
Photometric Measurement of Fluorescent Lamps.
Approved February 7, 2020.
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(1) 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 9 (‘‘IESNA LM–54–99’’) to
the 2020 version 10 (‘‘ANSI/IES LM–54–
20’’); and (2) 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 11 (‘‘IESNA LM–78–07’’) to the
2020 version 12 (‘‘IES LM–78–20’’). In
the March 2022 NOPR, DOE tentatively
concluded that these updates in IES
LM–9–20 would not change final
measured values and proposed to
update references from the 2009 version
of IES LM–9 to the 2020 version in
appendix V1 of this document. 87 FR
13648, 13652–13653.
In the March 2022 NOPR, DOE also
noted that IES LM–79–08, which
provides methods for taking electrical
and photometric measurements of SSL
products, has been updated with a 2019
version 13 (‘‘IES LM–79–19’’). DOE’s
initial review indicated several changes
in IES LM–79–19 compared to IES LM–
79–08 relating to testing conditions,
instrumentation, test circuits, electrical
measurements, stabilization, use of
spectroradiometer system, and an
update to the reference of IES LM–78
from its 2007 to 2017 version.14 In the
March 2022 NOPR, DOE tentatively
concluded that updates in IES LM–79–
19 would not change final measured
values and proposed to update
references from the 2008 version of IES
LM–79 to the 2019 version in appendix
V1 of this document. 87 FR 13648,
13653–13654.
Additionally, in the March 2022
NOPR, DOE noted that sections 2
through 9.2 of IES LM–79–08 were
reorganized in IES LM–79–19 into
sections 4 through 6 and 7.2. Hence, in
the March 2022 NOPR, DOE proposed to
update in appendix V1 the references of
IES LM–79–08 sections 2 through 9.2 to
9 Illuminating Engineering Society of North
America, LM–54–99, IESNA Guide to Lamp
Seasoning. Approved May 10, 1999.
10 Illuminating Engineering Society, IES LM–54–
20, Approved Method: IES Guide to Lamp
Seasoning. Approved February 7, 2020.
11 Illuminating Engineering Society of North
America, IESNA LM–78–07, Approved Method for
Total Luminous Flux Measurement of Lamps Using
an Integrating Sphere Photometer. Approved
January 28, 2007.
12 Illuminating Engineering Society, IES LM–78–
20, Approved Method: Total Luminous Flux
Measurement of Lamps Using an Integrating Sphere
Photometer. Approved February 7, 2020.
13 Illuminating Engineering Society, IES LM–79–
19, Approved Method: Optical and Electrical
Measurements of Solid-State Lighting Products.
Approved February 28, 2019.
14 Illuminating Engineering Society of North
America, IES LM–78–17, Approved Method: Total
Flux Measurement of Lamps Using an Integrating
Sphere. Approved January 9, 2017.
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IES LM–79–19 sections 4 through 6 and
7.2. In addition, in the March 2022
NOPR, DOE proposed to allow the use
of the goniophotometer method (see
section III.C.2 of this document);
accordingly, DOE also proposed to
reference all of section 7.0 of IES LM–
79–19 to include subsections addressing
the goniophotometer method. 87 FR
13648, 13654.
Further, in the March 2022 NOPR,
DOE proposed to incorporate by
reference IES LM–54–20,15 IES LM–78–
20,16 IES LM–78–17, and IESNA LM–
75–01/R12 17 for appendix V1. 87 FR
13648, 13652. As noted, IES LM–9–20
references IES LM–54–20, the industry
standard for lamp seasoning. Because
lamp seasoning is a necessary part of
testing fluorescent lamps in CFLKs,
DOE proposed in the March 2022 NOPR
to incorporate by reference IES LM–54–
20 for appendix V1 and to reference it
when referencing IES LM–9–20 in
appendix V1 of this document. 87 FR
13648, 13653. Similarly, IES LM–9–20
references ANSI/IES LM–78–20.
Because an integrating sphere is a
method used to make necessary
photometric measurements of
fluorescent lamps in CFLKs, DOE
proposed in the March 2022 NOPR 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 of this document. 87 FR
13648, 13653.
IES LM 79–19 references IES LM–78–
17. Hence, in the March 2022 NOPR,
DOE proposed to incorporate by
reference IES LM–78–17 for appendix
V1 and to reference it when referencing
IES LM–79–19 in appendix V1 of this
document. Although IES LM–78–17 has
been updated to IES LM–78–20, DOE
proposed to incorporate by reference
IES LM–78–17 for appendix V1, as it is
the version directly referenced in IES
LM–79–19. In the March 2022 NOPR,
DOE tentatively determined that
changes in IES LM–78–20 compared to
IES LM–78–17 are minor and do not
impact final measured values. 87 FR
13648, 13654. Finally, because IES LM–
79–19 references IESNA LM–75–01/R12
for general recommendations and
requirements on making measurements
with goniophotometers, DOE proposed
in the March 2022 NOPR to incorporate
15 Illuminating Engineering Society, IES LM–54–
20, Approved Method: IES Guide to Lamp
Seasoning. Approved February 7, 2020.
16 Illuminating Engineering Society, IES LM–78–
20, Approved Method: Total Luminous Flux
Measurement of Lamps Using an Integrating Sphere
Photometer. Approved February 7, 2020.
17 Illuminating Engineering Society of North
America, IESNA LM–75–01/R12, Goniophotometer
Types and Photometric Coordinates. Approved
August 4, 2001.
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by reference IESNA LM–75–01/R12 for
appendix V1 and to reference it when
referencing ANSI/IES LM–79–19 in
appendix V1. 87 FR 13648, 13654.
As specified in the previous
paragraph, in the March 2022 NOPR,
DOE proposed incorporating by
reference IES LM–78–17 and IESNA
LM–75–01/R12 because they are
specifically referenced in IES LM–79–
19. 87 FR 13648, 13654. However, in
this final rule analysis, DOE determined
that only the latest versions of these
standards,/IES LM–78–20 and IES LM–
75–19 18 are publicly available and IES
LM–78–17 and IESNA LM–75–01/R12
cannot be obtained by the public.
Therefore, in this final rule, DOE is not
incorporating by reference IES LM–78–
17 and IESNA LM–75–01/R12. Instead,
DOE is incorporating by reference the
latest versions of these standards, IES
LM–78–20 and IES LM–75–19 and
specifying in the DOE test procedure
that where IES LM–79–19 references IES
LM–78–17 and IESNA LM–75–01/R12
to use respectively, IES LM–78–20 and
IES LM–75–19. DOE finds that
referencing the latest versions of these
standards when using IES LM–79–19
will not impact final measured values or
the test procedure as compared to that
proposed in the March 2022 NOPR and
details its reasoning in the following
paragraphs.
Regarding referencing IES LM–78–20
instead of IES LM–78–17, DOE
determined, in the March 2022 NOPR,
that changes in ANSI/IES LM–78–20
compared to IES LM–78–17 are minor
and do not impact final measured
values. 87 FR 13648, 13654. DOE
received no comments and no new
information regarding referencing ANSI/
IES LM–78–20 instead of IES LM–78–
17. Therefore, in this final rule, DOE
finds this conclusion to remain valid.
Regarding referencing IES LM–75–19
instead of IESNA LM–75–01/R12, DOE
compared the two versions and
identified several additions in the latest
version. Specifically, IES LM–75–19
differs from IESNA LM–75–01/R12 by
including sections on (1) the type D
goniophotometer method, (2)
calibration, (3) integrated
measurements, and (4) stray light
correction. Firstly, compared to IESNA
LM–75–01/R12, ANSI/IES LM–75–19
adds a section that describes type D
goniophotometer design and operation
setup for using the goniophotometer.
The type A, B, and C design and
operation setups described in IESNA
18 Illuminating Engineering Society of North
America, IES LM–75–2019, Guide to Goniometer
Measurements and Types, and Photometric
Coordinate Systems, Approved November 22, 2019.
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LM–75–01/R12 are maintained in IES
LM–75–19 and can be continued to be
used for measurements. Secondly, the
section on calibration in ANSI/IES LM–
75–19 adds instructions on calibrating
goniophotometric test data using
absolute or relative photometry.
Thirdly, the integrated measurements
section in ANSI/IES LM–75–19 shows a
method of calculating lumens—i.e., by
integrating lumens over smaller solid
angles, not shown in IESNA LM–75–01/
R12. Fourthly, the section in ANSI/IES
LM–75–19 on stray light correction adds
techniques to correct light that may
potentially scatter around walls, floors,
and/or the ceiling and back into the
goniophotometer. These are all basic
methodologies that are known and used
by the lighting industry when taking
lighting measurements. Further, IES
LM–75–19 compared to IESNA LM–75–
01/R12, in its foreword, states that it is
an update to reflect current use of
goniophotometers in industry. Hence,
DOE has determined that these
additions are codifying industry best
practices already being used and
therefore, would not change final
measured values. Compared to IESNA
LM–75–01/R12, ANSI/IES LM–75–19
also adds a section on definitions and
adds further information on determining
the frame of reference for the
measurement setup. DOE has
determined that these additions only
further clarify the test setup and
methodology and therefore, would not
change final measured values. Hence,
DOE has concluded that referencing IES
LM–75–19 instead of IESNA LM–75–01/
R12 will not impact final measured
values of efficacy using a
goniophotometer.
Therefore, in this final rule, DOE is
incorporating by reference and
specifying the use of IES LM–78–20 and
IES LM–75–19 when using IES LM–75–
19. This change does not impact final
measured values and ensures that all
industry standards referenced in the
DOE test procedure are accessible to the
public.
In the March 2022 NOPR, DOE
tentatively concluded that the updates
to industry test standard references do
not involve substantive changes to the
test setup and methodology and
therefore would not pose additional test
burden and would have no impact on
test costs. Further, DOE tentatively
determined that incorporation by
reference of the latest versions would
not change measured values, would
better align DOE test procedures with
industry practice, and would further
increase the clarity of the test methods.
87 FR 13648, 13652.
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ALA stated that it supported the
adoption of the proposed updated
industry standards so long as additional
testing is not required or updated
industry standards do not exclude
existing products. (ALA, No. 9 at p. 2).
DOE has determined that, because
these updates to industry standard
references do not involve substantive
changes to the test setup and
methodology, but rather are
clarifications that align DOE’s test
procedures with latest industry best
practices, they will not affect measured
values and will not exclude existing
products or require additional testing. In
this final rule, based on the discussion
in the preceding paragraphs and in the
March 2022 NOPR, DOE incorporates by
reference the industry standards IES
LM–9–20, IES LM–54–20, IES LM–78–
20, IES LM–79–19, and IES LM–75–19.
C. Amendments to Appendix V1
In this final rule, as proposed in the
March 2022 NOPR, DOE adopts changes
to appendix V1 to clarify definitions
regarding CFLKs with SSL technology,
as discussed in section III.C.1 of this
document. This final rule also arranges
all definitions in appendix V1 in
alphabetical order and allows for the
use of the goniophotometer method to
make photometric measurements as
discussed in section III.C.2 of this
document.
1. Revising Definitions for CFLKs With
SSL Light Sources
In appendix V1, CFLKs that use SSL
circuitry are differentiated as either
‘‘CFLKs with integrated SSL circuitry’’
or ‘‘other SSL products’’ and have
different methods to measure efficacy.
Section 3 of appendix V1 specifies two
ways the lumens per watt (i.e.,
‘‘efficacy’’) of a CFLK with SSL
technology can be tested: the light
source tested separately (i.e., ‘‘lamp
efficacy’’) or the light source tested
within the CFLK (i.e., ‘‘luminaire
efficacy’’).
Because the SSL in a CFLK with
circuitry integrated in the light kit will
require the 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,
section 3 of appendix V1 identifies
these products as ‘‘CFLKs with
integrated SSL circuitry’’ and directs
manufacturers to test their efficacy with
the light source in the CFLK, i.e.,
luminaire efficacy. Accordingly, under
section 2.1 of appendix V1, the term
‘‘CFLKs with integrated SSL circuitry’’
is defined as a CFLK that has SSL light
sources, drivers, heat sinks, or
intermediate circuitry (such as wiring
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between a replaceable driver and a
replaceable light source) that is not
consumer replaceable.
For certain CFLK products, the SSL in
the CFLK is one unit that can be
removed, tested, and placed back into
the CFLK. This is so that the light kit is
the same product as it was when it was
sold, i.e., consumer replaceable. Section
3 of appendix V1 identifies these light
sources in CFLKs as ‘‘other SSL
products’’ and directs manufacturers to
test the efficacy of the light source, i.e.,
lamp efficacy. Accordingly, under
section 2.4 of appendix V1, the term
‘‘other SSL products’’ is 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 (‘‘LED’’) or organic light-emitting
diodes (‘‘OLED’’)) and is consumer
replaceable. The term does not include
LED lamps with ANSI-standard bases.
Examples of ‘‘other SSL products’’
include OLED lamps and LED lamps
with non-ANSI-standard bases, such as
Zhaga interfaces and LED light engines.
Responses received to an RFI
published June 4, 2021, as well as
manufacturer interviews conducted as
part of the ongoing rulemaking
reviewing energy efficiency standards
for CFLKs, indicated that these terms
and their definitions were not clear and
could lead to confusion in classifying
products and determining the required
efficacy measurement. Particularly,
these responses indicated 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.
To address these concerns, in the
March 2022 NOPR, DOE proposed to
amend the terms ‘‘CFLK with integrated
SSL circuitry’’ and ‘‘other SSL
products’’ and to clarify the definitions
of these terms. 87 FR 13648, 13655.
Specifically, in the March 2022
NOPR, DOE proposed to change the
term ‘‘CFLK with integrated SSL
circuitry’’ to ‘‘CFLK with nonconsumer-replaceable SSL circuitry’’ for
additional clarity. Further, DOE
proposed to modify the definition of
this term by specifying that the light
sources and all necessary components
in these CFLKs cannot be replaced
without permanently altering the
product and by specifying that the light
sources in these CFLKs do not have an
ANSI base. 87 FR 13648, 13655.
DOE also proposed to change the term
‘‘other SSL products’’ to ‘‘CFLK with
consumer-replaceable SSL circuitry’’ for
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additional clarity. Further, DOE
proposed 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 by specifying
that the light sources in these CFLKs do
not have an ANSI base. 87 FR 13648,
13655.
In response to DOE’s request for
comment on the proposed definitions
for ‘‘CFLK with consumer-replaceable
SSL circuitry’’ and ‘‘CFLK with nonconsumer-replaceable SSL circuitry,’’
ALA recommended that DOE be flexible
with the definition of ‘‘replaceable,’’
versus establishing a rigid standard for
the definition. ALA stated that the
definition of ‘‘replaceable’’ should not
exclude common assembly practices
used by consumers to install the ceiling
fan and CFLK (e.g., connecting/
disconnecting wire nuts, connecting/
disconnecting quick connect fasteners,
screwing/unscrewing screws, and using
other fasteners). ALA further stated that
reversing the processes used by a
consumer to assemble the ceiling fan
and CFLK should not fall under the
definition of ‘‘non-replaceable,’’ as DOE
indicated in the March 2022 NOPR:
‘‘. . . 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.’’ (ALA,
No. 9 at p. 2).
During the NOPR public meeting,
Hinkley, Inc. (‘‘Hinkley’’) stated that
regarding the proposed definitions, they
would like further clarification on the
use of items such as wire nuts—in
which the consumer is required to
maintain polarity between different
wired connections using nuts—or
whether manufacturers are required to
provide keyed connectors to prevent
any consumer involvement with
specific wires between the fan harness
and the CFLK. (Hinkley, Public Meeting
Transcript, No. 8 at p. 11).
DOE’s intention with the existing
definitions and modifications proposed
in the March 2022 NOPR was to ensure
that the testing of CFLKs specified in
appendix V1 could be replicated and
provide reproducible test results. If one
tester can remove, test, and replace the
light source in the CFLK so the light kit
is the same product as it was when sold,
then all else being equal, another tester
can repeat the same test on that CFLK
and obtain the same results. When the
removal of the light source from the
CFLK requires the cutting of wires or
any action that alters any component of
the CFLK, there is no guarantee it is the
same product as when it was sold and,
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therefore, the reproducibility of the test
and results come into question.
Upon review of the comments
received in response to the March 2022
NOPR regarding the proposed
definitions, DOE has determined that
additional clarification is required for
these terms and definitions beyond
those that were proposed in the NOPR.
Therefore, in this final rule, DOE is
modifying the proposed terms and
definitions to better clarify the intent
and application of the March 2022
NOPR proposals. First, DOE is removing
the term ‘‘circuitry’’ from the proposed
terms ‘‘CFLK with non-consumerreplaceable SSL circuitry’’ and ‘‘CFLK
with consumer-replaceable SSL
circuitry.’’ These terms are meant to
refer to CFLKs with an SSL product.
DOE has determined that inclusion of
the word ‘‘circuitry’’ is not necessary to
distinguish these CFLKs from CFLKs
without SSL products and further may
cause confusion regarding whether
these terms are referring to only
circuitry or a complete SSL product.
Second, to address comments regarding
assembly practices for CFLKs, DOE is
specifying that the cutting of wires, use
of a soldering iron, or damage to or
destruction of the CFLK constitutes
permanently altering the product,
whereas connecting or disconnecting
wire nuts, fasteners, or screws, or
preserving the CFLK as it was sold, does
not constitute permanently altering the
product. Finally, DOE is removing
examples from the definition of the
proposed term ‘‘CFLKs with consumerreplaceable SSL circuitry,’’ as they have
the potential to cause confusion and
obscure the intent of these definitions,
which is to determine whether the SSL
light source and associated components
necessary for operation can be removed
from the light kit without permanently
altering the CFLK. DOE has determined
that these changes will simplify the
terms and definitions and further clarify
what actions constitute permanently
altering the CFLK.
Additionally, DOE notes that these
definitions are for the purposes of
executing the DOE test procedure (i.e.,
whether luminaire efficacy or lamp
efficacy must be tested) and not how the
installation or replacement of CFLK
products is specified or marketed to the
consumer. Specifically, these
definitions are to identify actions,
whether they be common assembly
practice or reverse process, that either
do or do not result in a permanent
alteration of the CFLK such that it is not
the exact same as it was when sold. If
a permanent alteration per the
definitions is required to remove the
SSL light source, that product is a CFLK
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with non-consumer-replaceable SSL,
and the manufacturer must test its
luminaire efficacy. If a permanent
alteration per the definitions is not
required to remove the SSL light source,
that product is a CFLK with consumerreplaceable SSL, and the manufacturer
must test its lamp efficacy.
Thus, in this final rule, DOE adopts
the following modifications to the terms
and definitions of ‘‘CFLKs with
integrated circuitry’’ and ‘‘other SSL
products,’’ respectively, as follows:
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CFLK with non-consumer-replaceable SSL
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 a 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.
Permanently altering the product constitutes
the cutting of wires, use of a soldering iron,
or damage to or destruction of the CFLK and
does not constitute connecting or
disconnecting wire nuts, fasteners, or screws,
or preserving the CFLK as it was sold.
CFLK with consumer-replaceable SSL
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 without
permanently altering the product.
Permanently altering the product constitutes
the cutting of wires, use of a soldering iron,
or damage to or destruction of the CFLK and
does not constitute connecting or
disconnecting wire nuts, fasteners, or screws,
or preserving the CFLK as it was sold.
In the March 2022 NOPR, DOE
proposed changes in appendix V1 that
would replace all references of ‘‘CFLK
with integrated SSL circuitry’’ and
‘‘other SSL products’’ with,
respectively, ‘‘CFLK with nonconsumer-replaceable SSL circuitry’’
and ‘‘CFLK with consumer-replaceable
SSL circuitry.’’ 87 FR 13648, 13655. As
noted in the preceding paragraphs, in
this final rule, DOE is removing the
word ‘‘circuitry’’ from these terms. To
replace all applicable references, DOE is
amending the title and scope section of
appendix V1 and the definition of
‘‘cover’’ in section 2.2 of appendix V1
to include the updated terms as
specified in this final rule.
In the March 2022 NOPR, DOE also
proposed to add a row to the table in
section 2 of appendix V1 for ‘‘other SSL
lamps that have an ANSI-standard base
and are not integrated LED lamps’’ and
specify that their lamp efficacy be
tested. 87 FR 13648, 13655. This
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clarification is needed as the current
and adopted definition for lamps that
were once labeled as ‘‘other SSL
products’’ (renamed ‘‘CFLKs with
consumer-replaceable SSL’’ in this final
rule) did not include ANSI-standard
base lamps. Accordingly, DOE also
proposed to include the category of
other SSL lamps that have an ANSIstandard base and are not integrated
LED lamps in the title and scope section
of appendix V1.
DOE did not receive any comments
regarding these specific proposals. In
this final rule, DOE adopts these
amendments as proposed in the March
2022 NOPR.
2. Photometric Measurements
Industry tests efficacy by either using
a goniophotometer or an integrating
sphere. Section 3 of appendix V1
specifies that the use of a
goniophotometer is not allowed, which
subsequently leaves manufacturers with
only the option of using an integrating
sphere. In the March 2022 NOPR, DOE
proposed to allow the use of a
goniophotometer, in addition to an
integrating sphere, to test the luminaire
or lamp efficacy of CFLKs. DOE had
tentatively concluded that the difference
in measured efficacy using a
goniophotometer versus an integrating
sphere was not significant. DOE also
noted that allowing both test methods
would give flexibility to manufacturers
and would align with DOE’s other lamp
test procedures, such as for general
service fluorescent lamps. 87 FR 13648,
13656.
DOE requested 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. Id.
ALA stated that the use of the
integrating sphere method would
continue, but that DOE’s allowance of
using the goniophotometer would
provide additional flexibility to
manufacturers who elect to use the
method. (ALA, No. 9 at p. 2).
Thus, in this final rule, as proposed
in the March 2022 NOPR, DOE is
amending appendix V1 to allow the use
of a goniophotometer to test the lamp
efficacy or luminaire efficacy of CFLKs,
as applicable.
D. Amendments to Appendix V
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
removing this appendix would not
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result in any change to the current test
procedure. In the March 2022 NOPR,
DOE proposed to remove appendix V
and rename appendix V1 as appendix V.
87 FR 13648, 13656.
DOE did not receive any comments on
this proposal. In this final rule, as
proposed in the March 2022 NOPR,
DOE is removing appendix V as it is
obsolete, and subsequently renaming
appendix V1 as appendix V.
E. Amendments to 10 CFR 429.33, 10
CFR 430.23, and 10 CFR 430.32
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 requirements;
10 CFR 430.23(x), which provides
references to DOE test procedures for
lamps in CFLKs not covered in
appendix V1; and 10 CFR 430.32(s)(6),
which specifies CFLK energy
conservation standards manufactured
on or after January 21, 2020. In the
March 2022 NOPR, to align with the
proposed revised terms for ‘‘other SSL
products’’ and ‘‘CFLKs with integrated
circuitry’’ in appendix V1 (see section
III.C.1), DOE proposed to replace the
terms ‘‘other SSL products’’ and
‘‘integrated SSL circuitry’’ in 10 CFR
429.33, 10 CFR 430.23(x), and 10 CFR
430.32(s)(6) with, respectively,
‘‘consumer-replaceable SSL circuitry’’
and ‘‘non-consumer-replaceable SSL
circuitry.’’ 87 FR 13648, 13656.
DOE received no comments on this
proposal. In this final rule, DOE has
modified these terms slightly by
removing the word ‘‘circuitry’’ in
accordance with the modifications of
the definitions of the related terms (see
section III.C.1). Accordingly, in this
final rule, DOE is replacing the terms
‘‘other SSL products’’ and ‘‘integrated
SSL circuitry’’ with, respectively,
‘‘consumer-replaceable SSL’’ and ‘‘nonconsumer-replaceable SSL’’ in 10 CFR
429.33, 10 CFR 430.23(x), and 10 CFR
430.32(s)(6).
In the March 2022 NOPR, DOE also
proposed 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. 87
FR 13648, 13656.
DOE received no comments on this
proposal. Thus, in this final rule, DOE
is adopting these terminology updates
in 10 CFR 429.33 and 10 CFR 430.23(x)
as proposed in the March 2022 NOPR.
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F. Test Procedure Costs and
Harmonization
1. Test Procedure Costs and Impact
In this final rule, DOE is amending
the existing test procedure for CFLKs by
(1) updating references to industry
standards to their latest versions and
incorporating by reference industry
standards necessary for executing tests;
(2) modifying appendix V1 to allow for
the use of a goniophotometer in testing;
(3) revising definitions in appendix V1
regarding CFLKs with SSL light sources
to clarify the scope and test methods;
and (4) removing appendix V, the
obsolete test procedure that was used
for CFLKs with pin-based sockets
manufactured on or after January 1,
2007, and prior to January 21, 2020, and
renaming appendix V1 as appendix V.
In the March 2022 NOPR, DOE stated
that the proposed updates and
incorporation of industry standards are
only minor changes to certain testing
specifications and do not change the
method of testing CFLKs. DOE
explained that these changes do not
require the purchase of additional
equipment, nor do they increase test
burden, and subsequently do not impact
testing costs. Regarding the proposed
change to allow the use of a
goniophotometer in testing, DOE noted
that this use is optional and does not
require manufacturers to change their
current testing methodology, and
therefore would not impact testing
costs. DOE also notes the proposed
revisions to definitions regarding CFLKs
with SSL technology would only clarify
the existing test methodology, and
therefore would not impact testing
costs. Finally, DOE stated that removing
appendix V because it is obsolete would
not impact the current test procedure,
and therefore would not impact testing
costs. 87 FR 13648, 13656.
In response to DOE’s request for
comments on the benefits and burdens
of the proposed updates in the March
2022 NOPR, ALA stated that it
supported DOE updating references to
industry standards and making other
minor changes to provide clarity for
manufacturers without burdening them.
(ALA, No. 9 at p. 2).
For the reasons specified in the March
2022 NOPR, DOE has determined that
the amendments being adopted in this
final rule will not impact test burden or
test costs.
2. Harmonization With Industry
Standards
DOE’s established practice is to adopt
relevant industry standards as DOE test
procedures, unless such methodology
would be unduly burdensome to
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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. See
section 8(c) of 10 CFR part 430, subpart
C, appendix A. 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.
In this final rule, DOE is updating
currently referenced industry standards
in appendix V1 to their latest version.
For the electrical and photometric
measurement of CFLKs, DOE is
incorporating by reference IES LM–9–20
and IES LM–79–19. For seasoning
instructions for CFLKs, DOE is
incorporating IES LM–54–20. For
integrating sphere measurements for
CFLKs, DOE is incorporating IES LM–
78–20. For goniophotometer
measurements for CFLKs, DOE is
incorporating IES LM–75–19. See
section III.B for further details.
G. Effective and Compliance Dates
The effective date for the adopted test
procedure amendment will be 30 days
after publication of this final rule in the
Federal Register. EPCA prescribes that
all representations of energy efficiency
and energy use, including those made
on marketing materials and product
labels, must be made in accordance with
an amended test procedure, beginning
180 days after publication of the final
rule in the Federal Register. (42 U.S.C.
6293(c)(2)) 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 Orders
12866 and 13563
Executive Order (‘‘E.O.’’) 12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 76 FR 3821 (Jan.
21, 2011), requires agencies, to the
extent permitted by law, to (1) propose
or adopt a regulation only upon a
reasoned determination that its benefits
justify its costs (recognizing that some
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benefits and costs are difficult to
quantify); (2) tailor regulations to
impose the least burden on society,
consistent with obtaining regulatory
objectives, taking into account, among
other things, and to the extent
practicable, the costs of cumulative
regulations; (3) select, in choosing
among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in the Office of Management
and Budget (‘‘OMB’’) has emphasized
that such techniques may include
identifying changing future compliance
costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
stated in the preamble, this final
regulatory action is consistent with
these principles.
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this final
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(‘‘FRFA’’) for any final rule where the
agency was first required by law to
publish a proposed rule 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,
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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. DOE reviewed
this final rule under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003.
DOE has recently conducted a focused
inquiry into small business
manufacturers of the CFLKs covered by
this rulemaking. DOE used available
public information to identify potential
small manufacturers. DOE accessed the
Compliance Certification Database 19 to
create a list of companies that import or
otherwise manufacture the CFLKs
covered by this proposal as well as the
websites of identified companies. DOE
relied on the Small Business
Administration (‘‘SBA’’) size standards
for determining the threshold for an
entity to be a small business. The SBA
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--tablesize-standards. For NAICS code 335131,
described as ‘‘residential electric
lighting fixture manufacturing,’’ the size
threshold is 750 employees for an entity
to be a small business. The size
threshold is based on enterprise-wide
employment, which includes enterprise
subsidiaries and branches, as well as
unrelated establishments of the parent
company. DOE referenced market
research tools for employment estimates
and identified 30 domestic small
businesses manufacturing or importing
CFLKs.
DOE has concluded that the updates
to DOE’s test procedure for CFLKs being
adopted in this final rule 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 concludes that
the cost effects accruing from the final
rule would not have a ‘‘significant
economic impact on a substantial
number of small entities,’’ and that the
preparation of a FRFA is not warranted.
DOE has submitted a 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).
19 U.S. Department of Energy Compliance
Certification Database, available at
www.regulations.doe.gov/certification-data/
products.html.
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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.
DOE is not amending the certification
or reporting requirements for CFLKs in
this final rule.
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 final rule, DOE establishes 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 (August 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 examined this final rule
and determined that it will 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
final 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, this final rule
meets the relevant standards of
Executive Order 12988.
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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
regulatory action resulting 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 final 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
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that may affect family well-being. This
final rule will 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 regulation
will 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
final 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
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 significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
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regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action 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 modifications to the test
procedure for CFLKs adopted in this
final rule incorporates testing methods
contained in certain sections of the
following commercial standards:
(1) IES LM–9–20—Approved Method:
Electrical and Photometric
Measurement of Fluorescent Lamps,
approved February 7, 2020;
(2) IES LM–54–20—Approved
Method: IES Guide to Lamp Seasoning,
approved February 7, 2020;
(3) IES LM–75–19—Approved
Method: Guide to Goniometer
Measurements and Types, and
Photometric Coordinate Systems,
approved November 22, 2019;
(4) IES LM–78–20—Approved
Method: Total Luminous Flux
Measurement of Lamps Using an
Integrating Sphere Photometer,
approved February 7, 2020; and
(5) 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 it
fully complies with the requirements of
section 32(b) of the FEAA (i.e., whether
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it was developed in a manner that fully
provides for public participation,
comment, and review). DOE has
consulted with both the Attorney
General and the Chairman of the FTC
about the impact on competition of
using the methods contained in these
standards and has received no
comments objecting to their use.
photometric measurements of SSL
products. Specifically, the test
procedure codified by this final rule
references IES LM–79–19 for testing of
CFLKs with SSL.
These test standards are all reasonably
available from ANSI (webstore.ansi.org)
or IES (www.store.ies.org).
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this rule before its effective date. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
V. Approval of the Office of the
Secretary
N. Description of Materials Incorporated
by Reference
IES LM–9–20 is an industry-accepted
standard that describes methods for
taking electrical and photometric
measurement of fluorescent lamps.
Specifically, the test procedure codified
by this final rule references IES LM–9–
20 for testing the performance of
fluorescent lamps.
IES LM–54–20 is an industryaccepted test standard that specifies a
method for seasoning lamps.
Specifically, the test procedure codified
by this final rule references IES LM–9–
20 for testing fluorescent lamps, which
in turn references IES LM–54–20 for
seasoning lamps.
IES LM–75–19 is an industryaccepted test standard that specifies
goniophotometer measurements and
types, and photometric coordinates.
Specifically, the test procedure codified
by this final rule references IES LM–79–
19 for testing CFLKs with SSL, which in
turn references IESNA LM–75–01/R12
for general recommendations and
requirements on making measurement
with goniophotometers. The test
procedure codified by this final rule
requires that when referencing IES LM–
79–19, where IESNA LM–75–01/R12 is
referenced use IES LM–75–19.
IES LM–78–20 is an industry accepted
test standard that specifies a method for
measuring lumen output in an
integrating sphere. Specifically, the test
procedure codified by this final rule
references IES LM–9–20 for testing the
performance of fluorescent lamps,
which in turn references IES LM–78–20
for integrating sphere photometer
calibration and measurements.
Additionally, the test procedure
codified by this final rule requires that
when referencing IES LM–79–19, where
IES LM–78–17 is referenced use IES
LM–78–20.
IES LM–79–19 is an industryaccepted standard that describes
methods for taking electrical and
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The Secretary of Energy has approved
publication of this final rule.
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 30, 2023,
by Francisco Alejandro Moreno, Acting
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 30,
2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends parts 429 and
430 of Chapter II of Title 10, Code of
Federal Regulations as set forth below:
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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
[Amended]
2. Amend § 429.33 by:
a. Removing ‘‘other SSL lamps (not
integrated LED lamps)’’ and adding in
its place ‘‘consumer-replaceable SSL
(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);
■ b. Removing ‘‘integrated SSL
circuitry’’ and adding in its place ‘‘nonconsumer-replaceable SSL’’ in
paragraph (a)(3)(ii);
■ c. In paragraph (b)(2)(ii)(A):
■ i. Removing ‘‘integrated solid-state
lighting (SSL) circuitry’’ and adding in
its place ‘‘non-consumer-replaceable
SSL’’ in paragraph (b)(2)(ii)(A); and
■ ii. Removing ‘‘integrated SSL
circuitry; other SSL products [not
integrated LED lamp]’’ and adding in its
place ‘‘non-consumer-replaceable SSL;
consumer-replaceable SSL [not
integrated LED lamps] and other SSL
lamps that have an ANSI standard base
and are not integrated LED lamps’’ in
paragraph (b)(2)(ii)(A); and
■ d. Removing ‘‘integrated SSL
circuitry’’ and adding in its place ‘‘nonconsumer-replaceable SSL’’ in
paragraph (b)(3)(ii)(B).
■
■
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
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.
4. Amend § 430.3 by:
a. In paragraph (r)(2), removing the
text ‘‘and appendices V and V1 to
subpart B’’;
■ b. In paragraph (r)(4), removing the
text ‘‘appendix R’’ and adding in its
place the text ‘‘appendices R and V’’;
■ c. In paragraph (r)(12), removing the
text ‘‘appendix R’’ and adding in its
place the text ‘‘appendices R and V’’;
■ d. Removing paragraph (r)(15);
■ e. Redesignating paragraph (r)(16) as
paragraph (r)(15) and adding new
paragraph (r)(16);
■ f. In paragraph (r)(18), removing the
text ‘‘appendix R’’ and adding in its
place the text ‘‘appendices R and V’’;
■
■
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g. In paragraph (r)(19), removing the
text ‘‘appendices V1 and’’ and adding in
its place the text ‘‘appendix’’;
■ h. Redesignating paragraphs (r)(21)
through (23) as paragraphs (r)(22)
through (24) and adding new paragraph
(r)(21).
The additions read as follows:
■
§ 430.3 Materials incorporated by
reference.
*
*
*
*
*
(r) * * *
(16) ANSI/IES LM–75–19 (‘‘IES LM–
75–19’’), Approved Method: Guide to
Goniophotometer Measurements and
Types, and Photometric Coordinate
Systems, ANSI-approved November 22,
2019; IBR approved for appendix V to
subpart B.
*
*
*
*
*
(21) ANSI/IES LM–79–19 (‘‘IES LM–
79–19’’), Approved Method: Optical and
Electrical Measurements of Solid-State
Lighting Products, ANSI-approved May
14, 2019; IBR approved for appendix V
to subpart B.
*
*
*
*
*
■ 5. Amend § 430.23 by:
■ a. Removing paragraph (x)(1);
■ b. Redesignating paragraph (x)(2) as
paragraph (x)(1);
■ c. Revising newly redesignated
paragraph (x)(1)(v); and
■ d. Adding reserved paragraph (x)(2).
The revision and addition read as
follows:
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(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 (not
integrated LED lamps), packaged with
non-consumer-replaceable SSL, 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, consumerreplaceable SSL basic model, or nonconsumer-replaceable SSL basic model.
(2) [Reserved]
*
*
*
*
*
Appendix V to Subpart B of Part 430
[Removed]
6. Remove appendix V to subpart B of
part 430.
■
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Appendix V1 to Subpart B of Part 430
[Redesignated as Appendix V to
Subpart B of Part 430]
7. Redesignate appendix V1 to subpart
B of part 430 as appendix V to subpart
B of part 430 and revise it 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 (Not
Integrated LED Lamps), Packaged With
Non-Consumer-Replaceable SSL, or
Packaged With Other SSL Lamps That
Have an ANSI Standard Base (Not
Integrated LED Lamps)
Note: Manufacturers must use the results of
testing under this appendix to determine
compliance with the relevant standards for
ceiling fan light kits as those standards
appeared in January 1, 2023 edition of 10
CFR parts 200–499. Specifically, before
October 10, 2023 representations must be
based upon results generated either under
this appendix as codified on May 11, 2023
or under appendix V1 as it appeared in the
10 CFR parts 200–499 edition revised as of
January 1, 2023. Any representations made
on or after October 10, 2023 must be made
based upon results generated using this
appendix as codified on May 11, 2023.
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–75–19, 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:
0.1 IES LM–9–20 as referenced by section
3 of this appendix
(a) Section 4.0 ‘‘Ambient and Physical
Conditions’’.
(b) Section 5.0 ‘‘Electrical Conditions’’.
(c) Section 6.0 ‘‘Lamp Test Procedures’’.
(d) Section 7.0 ‘‘Photometric Test
Procedures’’.0.2 IES LM–79–19 as referenced
by section 3 of this appendix
(a) Section 4.0 ‘‘Physical and
Environmental Test Conditions’’.
(b) Section 5.0 ‘‘Electrical Test
Conditions’’.
(c) Section 6.0 ‘‘Test Preparation’’.
(d) 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) (not integrated light-emitting
diode [LED] lamps), packaged with nonconsumer-replaceable SSL, or packaged with
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21073
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 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 a 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. Permanently altering the
product constitutes the cutting of wires, use
of a soldering iron, or damage to or
destruction of the CFLK and does not
constitute connecting or disconnecting wire
nuts, fasteners or screws, or preserving the
CFLK as it was sold.
2.2. CFLK with consumer-replaceable SSL
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, without
permanently altering the product.
Permanently altering the product constitutes
the cutting of wires, use of a soldering iron,
or damage to or destruction of the CFLK and
does not constitute connecting or
disconnecting wire nuts, fasteners or screws,
or preserving the CFLK as it was sold.
2.3. Covers means materials used to diffuse
or redirect light produced by an SSL light
source in CFLKs with non-consumerreplaceable SSL.
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 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, measure the lamp efficacy of each basic
model of lamp or SSL light source packaged
with the CFLK. For any CFLK only with nonconsumer-replaceable SSL, measure the
luminaire efficacy of the CFLK. For any
CFLK that includes consumer replaceable
lamps or consumer-replaceable SSL and nonconsumer-replaceable SSL, 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
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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 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.
CFLKs with consumer-replaceable SSL
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. Where IES LM–78–17 and IES LM–75–
01/R12 are referenced in these sections and corresponding subsections, use IES LM–78–20 (integrating sphere measurements) and IES LM–75–19 (goniophotometer measurements) instead.
IES LM–79–19, sections 4–7 and corresponding subsections. Where IES LM–78–17 and IES LM–75–
01/R12 are referenced in these sections and corresponding subsections, use IES LM–78–20 (integrating sphere measurements) and IES LM–75–19 (goniophotometer measurements) instead.
IES LM–79–19, sections 4–7 and corresponding subsections. Where IES LM–78–17 and IES LM–75–
01/R12 are referenced in these sections and corresponding, use IES LM–78–20 (integrating sphere
measurements) and IES LM–75–19 (goniophotometer measurements) instead.
Lamp Efficacy .......
CFLKs with non-consumer-replaceable
SSL.
Luminaire Efficacy
Other SSL lamps that have an ANSI
standard base and are not integrated
LED lamps.
Lamp Efficacy .......
8. Amend § 430.32 by revising
paragraph (s)(6) to read as follows:
■
§ 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 packaged with the basic model of
CFLK, and each basic model of nonconsumer-replaceable SSL 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 ...............................................................
50.
(74.0¥29.42 × 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
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.
*
*
*
*
*
DATES:
2023.
BILLING CODE 6450–01–P
FOR FURTHER INFORMATION CONTACT:
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 120 and 121
RIN 3245–AH87
Affiliation and Lending Criteria for the
SBA Business Loan Programs
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
The U.S. Small Business
Administration (SBA or Agency) is
amending various regulations governing
SBA’s 7(a) Loan Program and 504 Loan
Program, including regulations on use of
proceeds for partial changes of
ownership, lending criteria, loan
conditions, reconsiderations, and
affiliation standards, to expand access to
capital to small businesses and drive
economic recovery. The amendments to
affiliation standards will also apply to
the Microloan Program, Intermediary
Lending Pilot Program, Surety Bond
Guarantee Program, and the Disaster
Loan programs (except for the COVID
Economic Injury Disaster Loan (EIDL)
Disaster Loan Program).
SUMMARY:
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This rule is effective May 11,
[FR Doc. 2023–06987 Filed 4–7–23; 8:45 am]
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Dianna Seaborn, Director, Office of
Financial Assistance, Office of Capital
Access, Small Business Administration,
at (202) 205–3645 or Dianna.Seaborn@
sba.gov. The phone number above may
also be reached by individuals who are
deaf or hard of hearing, or who have
speech disabilities, through the Federal
Communications Commission’s TTYBased Telecommunications Relay
Service teletype service at 711.
SUPPLEMENTARY INFORMATION:
I. Background Information
The mission of SBA is to ‘‘aid,
counsel, assist and protect the interests
of small business concerns in order to
preserve free competitive enterprise and
to maintain and strengthen the overall
economy of our nation.’’ 15 U.S.C.
631(a). SBA accomplishes this mission,
in part, through Capital Access
programs that bridge the financing gap
in the private market to help small
businesses start and grow; and help
businesses of all sizes to recover from
disasters. 15 U.S.C. 636(a) and (b). SBA
determined that changing conditions in
the American economy, technological
developments, and a constantly
evolving small business community
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necessitate the need to revise
regulations to improve program
efficiency and the customer experience
for the 7(a) and 504 Loan Programs.
Additionally, SBA determined that
revisions for similar purposes to SBA
regulations on affiliation determinations
should also apply to the Microloan
Program, the Intermediary Lending Pilot
Program (ILP Program), the Surety Bond
Guarantee Program (SBG Program), and
the Business Disaster Loan Programs,
which consist of Physical Disaster
Business Loans, Economic Injury
Disaster Loans (EIDL), and Military
Reservist Economic Injury Disaster
Loans (MREIDL) (but do not include
COVID EIDL Disaster Loans).
Accordingly, on October 26, 2022,
SBA published a notice of proposed
rulemaking with a request for comments
in the Federal Register (87 FR 64724) to
streamline and modernize the 7(a) and
504 Loan Program regulations setting
forth use of proceeds regarding partial
changes of ownership, lending criteria,
hazard insurance requirements, and
reconsiderations. Specifically, SBA is
amending 13 CFR 120.130 on
‘‘Restrictions on uses of proceeds’’; 13
CFR 120.150 on ‘‘What are SBA’s
lending criteria?’’; 13 CFR 120.160 on
‘‘Loan conditions’’; 13 CFR 120.193 on
‘‘Reconsideration after denial’’; 13 CFR
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]]>Agencies
[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Rules and Regulations]
[Pages 21061-21074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06987]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the U.S. Department of Energy (``DOE'') is
amending the test procedure for ceiling fan light kits (``CFLKs'') to
update references to industry standards to their latest versions;
incorporate by reference additional industry standards necessary for
executing the test; allow the use of a goniophotometer; revise
definitions regarding CFLKs with solid-state lighting (``SSL'') light
sources to clarify the scope and test methods for such products; and
remove an obsolete test method for CFLKs.
DATES: The effective date of this rule is May 11, 2023. The amendments
will be mandatory for product testing starting October 10, 2023.
The incorporation by reference of certain materials listed in this
rule is approved by the Director of the Federal Register on May 11,
2023.
ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, 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, not all documents listed in the index may be publicly
available, such as those containing information that is exempt from
public disclosure.
A link to 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
[[Page 21062]]
docket. For further information on how to review the docket, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: [email protected]">ApplianceStandards[email protected].
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-0371. Email: [email protected]">ApplianceStandards[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].
SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standards into 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'').
ANSI/IES LM-75-19, Approved Method: Guide to Goniometer
Measurements and Types, and Photometric Coordinate Systems, approved
November 22, 2019 (``IES LM 75-19'').
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, IES LM-75-19, IES LM-78-20,
and IES LM-79-19 can be obtained by going to store.ies.org or
webstore.ansi.org.
For a further discussion of these standards, see section IV.N of
this document.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Updates to Industry Standards
C. Amendments to Appendix V1
1. Revising Definitions for CFLKs With SSL Light Sources
2. Photometric Measurements
D. Amendments to Appendix V
E. Amendments to 10 CFR 429.33, 10 CFR 430.23, and 10 CFR 430.32
F. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
2. Harmonization With Industry Standards
G. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
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. Congressional Notification
N. Description of Materials Incorporated by Reference
V. 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 10 CFR part 430 section 32(s); 10 CFR, part
430 section 23(x); 10 CFR part 430, subpart B, appendix V (``appendix
V''); and 10 CFR part 430, subpart B, appendix V1 (``appendix V1''),
respectively. 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 equipment.
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, 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 of EPCA \2\ 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), 6293(b)(16)(A)(ii), 6295(ff)(2)-(5))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\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 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 under EPCA (42 U.S.C. 6295(s)) and (2)
making other representations about the efficiency of those products (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the products comply with any 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 shall 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 (as determined by the Secretary) or period of use and
shall 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[supreg] 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 seven years, DOE
evaluate test procedures for each type of covered
[[Page 21063]]
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. (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.
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 into the overall energy efficiency, energy
consumption, or other energy descriptor, unless the current test
procedure already incorporates the standby mode and off mode energy
consumption, or if such integration is technically infeasible. (42
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically
infeasible, DOE must prescribe separate standby mode and off mode
energy use test procedures for the covered product, if a separate test
is technically feasible. (Id.) Any such amendment must consider the
most current versions of the International Electrotechnical Commission
(``IEC'') Standard 62301 \3\ and IEC Standard 62087 \4\ as applicable.
(Id.)
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
DOE is publishing this final rule in satisfaction of the seven-year
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
B. Background
DOE's existing test procedures for CFLKs appear at title 10 of the
CFR part 430, subpart B, section 23(x); 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''). Use of appendix V
is required for CFLKs with pin-based sockets that are manufactured on
or after January 1, 2007, and prior to January 21, 2020. All CFLKs
manufactured as of January 21, 2020, must be tested according to
current appendix V1. See 80 FR 80209, 80220 (December 24, 2015) and 81
FR 580 (January 6, 2016).
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. 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)(3)-(4) 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. See 80 FR
80209, 80220 and 81 FR 580.
As specified in section I.A of this document, EPCA requires DOE to
review test procedures for covered products at least once every seven
years. 42 U.S.C. 6293(b)(1)(A) DOE initiated the first step in the
seven-year review process by publishing a request for information
(``RFI'') document on May 4, 2021. 86 FR 23635. On March 10, 2022, DOE
published a NOPR (``March 2022 NOPR'') proposing to update referenced
industry standards to their latest versions and incorporate industry
standards necessary for executing the test; to modify appendix V1 to
allow for the use of a goniophotometer; to revise definitions regarding
CFLKs with SSL light sources in appendix V1 to clarify the scope and
test methods for CFLKs; and to remove appendix V, which is now
obsolete, and rename appendix V1 as appendix V. 87 FR 13648, 13651. DOE
held a public meeting via webinar related to the March 2022 NOPR on
April 11, 2022 (hereafter, the ``NOPR public meeting'').
DOE received one comment in response to the March 2022 NOPR, as
indicated in Table I.1.
[[Page 21064]]
Table I.1--List of Commenters With Written Submissions in Response to the March 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this Comment No. in
Commenter(s) final rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
American Lighting Association.... ALA................. 9 Trade Association.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the NOPR public meeting, DOE cites the written comments
throughout this final rule. Any oral comments provided during the NOPR
public meeting that are not substantively addressed by written comments
are summarized and cited separately throughout this final rule.
---------------------------------------------------------------------------
\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for CFLK (Docket No. EERE-2019-BT-TP-0024,
maintained at www.regulations.gov). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
In this final rule, DOE is amending 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 in appendix V1 regarding
CFLKs with SSL light sources to clarify the scope and test methods for
CFLKs; and (4) remove appendix V, which is now obsolete, and rename
appendix V1 as appendix V.
DOE's amended actions are summarized and compared to the current
test procedure in Table II.1, along with the reason for the amended
change.
Table II.1--Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure
----------------------------------------------------------------------------------------------------------------
Current DOE test procedure Amended test procedure Attribution
----------------------------------------------------------------------------------------------------------------
References the 2009 version of IES LM- Adopts the latest version, i.e., 2020, of the Harmonizes with updated
9 for taking electrical and referenced industry standard. industry standards.
photometric measurement of
fluorescent lamps in appendix V1.
References the 2008 version of IES LM- Adopts the latest version, i.e., 2019, of the Harmonizes with updated
79, which provides methods for taking referenced industry standard. industry standards.
electrical and photometric
measurements of SSL products in
appendix V1.
Does not incorporate IES LM-54, the Adopts ANSI/IES LM-54-20 which is referenced Industry standard
industry standard for lamp seasoning, for lamp seasoning in ANSI/IES LM-9-20. addition in test
in appendix V1. procedure.
Does not incorporate IES LM-78, the Adopts ANSI/IES LM-78-20 which is referenced Industry standard
industry standard for measurements in for integrating sphere measurements in ANSI/ addition in test
an integrating sphere, in appendix V1. IES LM-9-20. procedure.
Defines ``CFLK with integrated SSL Updates the term names and definitions for Clarifies the categories
circuitry'' and ``other SSL ``CFLK with integrated SSL circuitry'' and CFLK products fall into,
products'' in appendix V1. ``other SSL products,'' to ``CFLK with non- and thereby the test
consumer-replaceable SSL'' and ``CFLK with methods (i.e., luminaire
consumer-replaceable SSL,'' respectively. or lamp efficacy) to
Updates the definitions for these terms. which they are subject.
References appendix V and appendix V1. Removes appendix V........................... Removes a section of the
test procedure that is
no longer applicable.
Does not allow the use of a Allows the use of a goniophotometer and Allows manufacturers
goniophotometer. adopts ANSI/IES LM-75-19, which this test flexibility in testing.
procedure is referencing for goniophotometer
measurements in ANSI/IES LM-79-19.
----------------------------------------------------------------------------------------------------------------
DOE has determined that the amendments described in section III and
adopted in this document will not alter the measured efficiency of
CFLKs or require retesting or recertification solely as a result of
DOE's adoption of the amendments to the test procedures. Additionally,
DOE has determined that the amendments will not increase the cost of
testing. DOE's actions are addressed in detail in section III of this
document.
The effective date for the amended test procedures adopted in this
final rule is 30 days after publication of this document in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with the amended test procedures
beginning 180 days after the publication of this final rule.
III. Discussion
A. Scope of Applicability
This rulemaking addresses the DOE test procedure for CFLKs. DOE
defines CFLKs as 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.
ALA recommended that in the second part of the CFLK definition DOE
add ``package'' following the phrase ``but may be included inside the
ceiling fan'' to read ``but may be included inside the ceiling fan
package'' [emphasis added]. ALA stated this replacement would eliminate
any ambiguity about whether a CFLK needs to be physically inside a
ceiling fan. (ALA, No. 9 at p. 1).
DOE notes that EPCA defines CFLK (see 42 U.S.C. 6291(50)).
Specifically, the phrasing ``not physically attached to the ceiling
fan'' in the definition of CFLK indicates that the CFLK does not need
to be physically inside of the
[[Page 21065]]
ceiling fan (i.e., already attached to the ceiling fan) at the time of
retail sale. This is understood within the context of the phrasing 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.'' ALA's comment correctly reflects that the term
``ceiling fan'' in the second part of the CFLK definition refers to the
entirety of the ceiling fan product as provided to the consumer at the
time of sale, i.e., the ``ceiling fan package.'' Given DOE's
understanding of the definition of CFLK in that the CFLK does not need
to be physically attached to the ceiling fan (i.e., already attached to
the ceiling fan) at the time of retail sale, and in deference to the
statutorily established definition, DOE has determined that the
definition does not require the additional clarity recommended by ALA.
B. Updates to Industry Standards
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'')
\6\ for testing ``other fluorescent lamps'' (i.e., not compact
fluorescent lamps or general service fluorescent lamps (``GSFLs'')) and
the 2008 version of IES LM-79 (``IES LM-79-08'') \7\ for testing
``other SSL products'' (i.e., not integrated LED lamps) and CFLKs with
integrated SSL circuitry. 10 CFR part 430, subpart B, appendix V1.
Appendix V1 references these industry standards for test conditions and
measurements. In the March 2022 NOPR, DOE identified updated versions
of these referenced industry test standards. 87 FR 13648, 13652.
---------------------------------------------------------------------------
\6\ Illuminating Engineering Society, IES LM-9-09, Approved
Method: Electrical and Photometric Measurement of Fluorescent Lamps.
Approved January 31, 2009.
\7\ Illuminated Engineering Society, LM-79-08, Approved Method:
Electrical and Photometric Measurements of Solid-State Lighting
Products. Approved December 31, 2007.
---------------------------------------------------------------------------
IES LM-9-09, which provides methods for taking electrical and
photometric measurements of fluorescent lamps, has been updated with a
2020 version \8\ (``ANSI/IES LM-9-20). In the March 2022 NOPR, DOE
identified no major changes in ANSI/IES LM-9-20 compared to IES LM-9-
09, except for updates to certain relevant references. These updates
were: (1) 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 \9\
(``IESNA LM-54-99'') to the 2020 version \10\ (``ANSI/IES LM-54-20'');
and (2) 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 \11\ (``IESNA LM-78-07'') to the 2020 version \12\
(``IES LM-78-20''). In the March 2022 NOPR, DOE tentatively concluded
that these updates in IES LM-9-20 would not change final measured
values and proposed to update references from the 2009 version of IES
LM-9 to the 2020 version in appendix V1 of this document. 87 FR 13648,
13652-13653.
---------------------------------------------------------------------------
\8\ Illuminating Engineering Society, ANSI/IES LM-9-20, Approved
Method: Electrical and Photometric Measurement of Fluorescent Lamps.
Approved February 7, 2020.
\9\ Illuminating Engineering Society of North America, LM-54-99,
IESNA Guide to Lamp Seasoning. Approved May 10, 1999.
\10\ Illuminating Engineering Society, IES LM-54-20, Approved
Method: IES Guide to Lamp Seasoning. Approved February 7, 2020.
\11\ Illuminating Engineering Society of North America, IESNA
LM-78-07, Approved Method for Total Luminous Flux Measurement of
Lamps Using an Integrating Sphere Photometer. Approved January 28,
2007.
\12\ Illuminating Engineering Society, IES LM-78-20, Approved
Method: Total Luminous Flux Measurement of Lamps Using an
Integrating Sphere Photometer. Approved February 7, 2020.
---------------------------------------------------------------------------
In the March 2022 NOPR, DOE also noted that IES LM-79-08, which
provides methods for taking electrical and photometric measurements of
SSL products, has been updated with a 2019 version \13\ (``IES LM-79-
19''). DOE's initial review indicated several changes in IES LM-79-19
compared to IES LM-79-08 relating to testing conditions,
instrumentation, test circuits, electrical measurements, stabilization,
use of spectroradiometer system, and an update to the reference of IES
LM-78 from its 2007 to 2017 version.\14\ In the March 2022 NOPR, DOE
tentatively concluded that updates in IES LM-79-19 would not change
final measured values and proposed to update references from the 2008
version of IES LM-79 to the 2019 version in appendix V1 of this
document. 87 FR 13648, 13653-13654.
---------------------------------------------------------------------------
\13\ Illuminating Engineering Society, IES LM-79-19, Approved
Method: Optical and Electrical Measurements of Solid-State Lighting
Products. Approved February 28, 2019.
\14\ Illuminating Engineering Society of North America, IES LM-
78-17, Approved Method: Total Flux Measurement of Lamps Using an
Integrating Sphere. Approved January 9, 2017.
---------------------------------------------------------------------------
Additionally, in the March 2022 NOPR, DOE noted that sections 2
through 9.2 of IES LM-79-08 were reorganized in IES LM-79-19 into
sections 4 through 6 and 7.2. Hence, in the March 2022 NOPR, DOE
proposed to update in appendix V1 the references of IES LM-79-08
sections 2 through 9.2 to IES LM-79-19 sections 4 through 6 and 7.2. In
addition, in the March 2022 NOPR, DOE proposed to allow the use of the
goniophotometer method (see section III.C.2 of this document);
accordingly, DOE also proposed to reference all of section 7.0 of IES
LM-79-19 to include subsections addressing the goniophotometer method.
87 FR 13648, 13654.
Further, in the March 2022 NOPR, DOE proposed to incorporate by
reference IES LM-54-20,\15\ IES LM-78-20,\16\ IES LM-78-17, and IESNA
LM-75-01/R12 \17\ for appendix V1. 87 FR 13648, 13652. As noted, IES
LM-9-20 references IES LM-54-20, the industry standard for lamp
seasoning. Because lamp seasoning is a necessary part of testing
fluorescent lamps in CFLKs, DOE proposed in the March 2022 NOPR to
incorporate by reference IES LM-54-20 for appendix V1 and to reference
it when referencing IES LM-9-20 in appendix V1 of this document. 87 FR
13648, 13653. Similarly, IES LM-9-20 references ANSI/IES LM-78-20.
Because an integrating sphere is a method used to make necessary
photometric measurements of fluorescent lamps in CFLKs, DOE proposed in
the March 2022 NOPR 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 of this document. 87 FR 13648, 13653.
---------------------------------------------------------------------------
\15\ Illuminating Engineering Society, IES LM-54-20, Approved
Method: IES Guide to Lamp Seasoning. Approved February 7, 2020.
\16\ Illuminating Engineering Society, IES LM-78-20, Approved
Method: Total Luminous Flux Measurement of Lamps Using an
Integrating Sphere Photometer. Approved February 7, 2020.
\17\ Illuminating Engineering Society of North America, IESNA
LM-75-01/R12, Goniophotometer Types and Photometric Coordinates.
Approved August 4, 2001.
---------------------------------------------------------------------------
IES LM 79-19 references IES LM-78-17. Hence, in the March 2022
NOPR, DOE proposed to incorporate by reference IES LM-78-17 for
appendix V1 and to reference it when referencing IES LM-79-19 in
appendix V1 of this document. Although IES LM-78-17 has been updated to
IES LM-78-20, DOE proposed to incorporate by reference IES LM-78-17 for
appendix V1, as it is the version directly referenced in IES LM-79-19.
In the March 2022 NOPR, DOE tentatively determined that changes in IES
LM-78-20 compared to IES LM-78-17 are minor and do not impact final
measured values. 87 FR 13648, 13654. Finally, because IES LM-79-19
references IESNA LM-75-01/R12 for general recommendations and
requirements on making measurements with goniophotometers, DOE proposed
in the March 2022 NOPR to incorporate
[[Page 21066]]
by reference IESNA LM-75-01/R12 for appendix V1 and to reference it
when referencing ANSI/IES LM-79-19 in appendix V1. 87 FR 13648, 13654.
As specified in the previous paragraph, in the March 2022 NOPR, DOE
proposed incorporating by reference IES LM-78-17 and IESNA LM-75-01/R12
because they are specifically referenced in IES LM-79-19. 87 FR 13648,
13654. However, in this final rule analysis, DOE determined that only
the latest versions of these standards,/IES LM-78-20 and IES LM-75-19
\18\ are publicly available and IES LM-78-17 and IESNA LM-75-01/R12
cannot be obtained by the public. Therefore, in this final rule, DOE is
not incorporating by reference IES LM-78-17 and IESNA LM-75-01/R12.
Instead, DOE is incorporating by reference the latest versions of these
standards, IES LM-78-20 and IES LM-75-19 and specifying in the DOE test
procedure that where IES LM-79-19 references IES LM-78-17 and IESNA LM-
75-01/R12 to use respectively, IES LM-78-20 and IES LM-75-19. DOE finds
that referencing the latest versions of these standards when using IES
LM-79-19 will not impact final measured values or the test procedure as
compared to that proposed in the March 2022 NOPR and details its
reasoning in the following paragraphs.
---------------------------------------------------------------------------
\18\ Illuminating Engineering Society of North America, IES LM-
75-2019, Guide to Goniometer Measurements and Types, and Photometric
Coordinate Systems, Approved November 22, 2019.
---------------------------------------------------------------------------
Regarding referencing IES LM-78-20 instead of IES LM-78-17, DOE
determined, in the March 2022 NOPR, that changes in ANSI/IES LM-78-20
compared to IES LM-78-17 are minor and do not impact final measured
values. 87 FR 13648, 13654. DOE received no comments and no new
information regarding referencing ANSI/IES LM-78-20 instead of IES LM-
78-17. Therefore, in this final rule, DOE finds this conclusion to
remain valid.
Regarding referencing IES LM-75-19 instead of IESNA LM-75-01/R12,
DOE compared the two versions and identified several additions in the
latest version. Specifically, IES LM-75-19 differs from IESNA LM-75-01/
R12 by including sections on (1) the type D goniophotometer method, (2)
calibration, (3) integrated measurements, and (4) stray light
correction. Firstly, compared to IESNA LM-75-01/R12, ANSI/IES LM-75-19
adds a section that describes type D goniophotometer design and
operation setup for using the goniophotometer. The type A, B, and C
design and operation setups described in IESNA LM-75-01/R12 are
maintained in IES LM-75-19 and can be continued to be used for
measurements. Secondly, the section on calibration in ANSI/IES LM-75-19
adds instructions on calibrating goniophotometric test data using
absolute or relative photometry. Thirdly, the integrated measurements
section in ANSI/IES LM-75-19 shows a method of calculating lumens--
i.e., by integrating lumens over smaller solid angles, not shown in
IESNA LM-75-01/R12. Fourthly, the section in ANSI/IES LM-75-19 on stray
light correction adds techniques to correct light that may potentially
scatter around walls, floors, and/or the ceiling and back into the
goniophotometer. These are all basic methodologies that are known and
used by the lighting industry when taking lighting measurements.
Further, IES LM-75-19 compared to IESNA LM-75-01/R12, in its foreword,
states that it is an update to reflect current use of goniophotometers
in industry. Hence, DOE has determined that these additions are
codifying industry best practices already being used and therefore,
would not change final measured values. Compared to IESNA LM-75-01/R12,
ANSI/IES LM-75-19 also adds a section on definitions and adds further
information on determining the frame of reference for the measurement
setup. DOE has determined that these additions only further clarify the
test setup and methodology and therefore, would not change final
measured values. Hence, DOE has concluded that referencing IES LM-75-19
instead of IESNA LM-75-01/R12 will not impact final measured values of
efficacy using a goniophotometer.
Therefore, in this final rule, DOE is incorporating by reference
and specifying the use of IES LM-78-20 and IES LM-75-19 when using IES
LM-75-19. This change does not impact final measured values and ensures
that all industry standards referenced in the DOE test procedure are
accessible to the public.
In the March 2022 NOPR, DOE tentatively concluded that the updates
to industry test standard references do not involve substantive changes
to the test setup and methodology and therefore would not pose
additional test burden and would have no impact on test costs. Further,
DOE tentatively determined that incorporation by reference of the
latest versions would not change measured values, would better align
DOE test procedures with industry practice, and would further increase
the clarity of the test methods. 87 FR 13648, 13652.
ALA stated that it supported the adoption of the proposed updated
industry standards so long as additional testing is not required or
updated industry standards do not exclude existing products. (ALA, No.
9 at p. 2).
DOE has determined that, because these updates to industry standard
references do not involve substantive changes to the test setup and
methodology, but rather are clarifications that align DOE's test
procedures with latest industry best practices, they will not affect
measured values and will not exclude existing products or require
additional testing. In this final rule, based on the discussion in the
preceding paragraphs and in the March 2022 NOPR, DOE incorporates by
reference the industry standards IES LM-9-20, IES LM-54-20, IES LM-78-
20, IES LM-79-19, and IES LM-75-19.
C. Amendments to Appendix V1
In this final rule, as proposed in the March 2022 NOPR, DOE adopts
changes to appendix V1 to clarify definitions regarding CFLKs with SSL
technology, as discussed in section III.C.1 of this document. This
final rule also arranges all definitions in appendix V1 in alphabetical
order and allows for the use of the goniophotometer method to make
photometric measurements as discussed in section III.C.2 of this
document.
1. Revising Definitions for CFLKs With SSL Light Sources
In appendix V1, CFLKs that use SSL circuitry are differentiated as
either ``CFLKs with integrated SSL circuitry'' or ``other SSL
products'' and have different methods to measure efficacy. Section 3 of
appendix V1 specifies two ways the lumens per watt (i.e., ``efficacy'')
of a CFLK with SSL technology can be tested: the light source tested
separately (i.e., ``lamp efficacy'') or the light source tested within
the CFLK (i.e., ``luminaire efficacy'').
Because the SSL in a CFLK with circuitry integrated in the light
kit will require the 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, section 3 of appendix V1 identifies these
products as ``CFLKs with integrated SSL circuitry'' and directs
manufacturers to test their efficacy with the light source in the CFLK,
i.e., luminaire efficacy. Accordingly, under section 2.1 of appendix
V1, the term ``CFLKs with integrated SSL circuitry'' is defined as a
CFLK that has SSL light sources, drivers, heat sinks, or intermediate
circuitry (such as wiring
[[Page 21067]]
between a replaceable driver and a replaceable light source) that is
not consumer replaceable.
For certain CFLK products, the SSL in the CFLK is one unit that can
be removed, tested, and placed back into the CFLK. This is so that the
light kit is the same product as it was when it was sold, i.e.,
consumer replaceable. Section 3 of appendix V1 identifies these light
sources in CFLKs as ``other SSL products'' and directs manufacturers to
test the efficacy of the light source, i.e., lamp efficacy.
Accordingly, under section 2.4 of appendix V1, the term ``other SSL
products'' is 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 (``LED'') or organic light-
emitting diodes (``OLED'')) and is consumer replaceable. The term does
not include LED lamps with ANSI-standard bases. Examples of ``other SSL
products'' include OLED lamps and LED lamps with non-ANSI-standard
bases, such as Zhaga interfaces and LED light engines.
Responses received to an RFI published June 4, 2021, as well as
manufacturer interviews conducted as part of the ongoing rulemaking
reviewing energy efficiency standards for CFLKs, indicated that these
terms and their definitions were not clear and could lead to confusion
in classifying products and determining the required efficacy
measurement. Particularly, these responses indicated 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.
To address these concerns, in the March 2022 NOPR, DOE proposed to
amend the terms ``CFLK with integrated SSL circuitry'' and ``other SSL
products'' and to clarify the definitions of these terms. 87 FR 13648,
13655.
Specifically, in the March 2022 NOPR, DOE proposed to change the
term ``CFLK with integrated SSL circuitry'' to ``CFLK with non-
consumer-replaceable SSL circuitry'' for additional clarity. Further,
DOE proposed to modify the definition of this term by specifying that
the light sources and all necessary components in these CFLKs cannot be
replaced without permanently altering the product and by specifying
that the light sources in these CFLKs do not have an ANSI base. 87 FR
13648, 13655.
DOE also proposed to change the term ``other SSL products'' to
``CFLK with consumer-replaceable SSL circuitry'' for additional
clarity. Further, DOE proposed 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 by specifying
that the light sources in these CFLKs do not have an ANSI base. 87 FR
13648, 13655.
In response to DOE's request for comment on the proposed
definitions for ``CFLK with consumer-replaceable SSL circuitry'' and
``CFLK with non-consumer-replaceable SSL circuitry,'' ALA recommended
that DOE be flexible with the definition of ``replaceable,'' versus
establishing a rigid standard for the definition. ALA stated that the
definition of ``replaceable'' should not exclude common assembly
practices used by consumers to install the ceiling fan and CFLK (e.g.,
connecting/disconnecting wire nuts, connecting/disconnecting quick
connect fasteners, screwing/unscrewing screws, and using other
fasteners). ALA further stated that reversing the processes used by a
consumer to assemble the ceiling fan and CFLK should not fall under the
definition of ``non-replaceable,'' as DOE indicated in the March 2022
NOPR: ``. . . 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.'' (ALA, No. 9
at p. 2).
During the NOPR public meeting, Hinkley, Inc. (``Hinkley'') stated
that regarding the proposed definitions, they would like further
clarification on the use of items such as wire nuts--in which the
consumer is required to maintain polarity between different wired
connections using nuts--or whether manufacturers are required to
provide keyed connectors to prevent any consumer involvement with
specific wires between the fan harness and the CFLK. (Hinkley, Public
Meeting Transcript, No. 8 at p. 11).
DOE's intention with the existing definitions and modifications
proposed in the March 2022 NOPR was to ensure that the testing of CFLKs
specified in appendix V1 could be replicated and provide reproducible
test results. If one tester can remove, test, and replace the light
source in the CFLK so the light kit is the same product as it was when
sold, then all else being equal, another tester can repeat the same
test on that CFLK and obtain the same results. When the removal of the
light source from the CFLK requires the cutting of wires or any action
that alters any component of the CFLK, there is no guarantee it is the
same product as when it was sold and, therefore, the reproducibility of
the test and results come into question.
Upon review of the comments received in response to the March 2022
NOPR regarding the proposed definitions, DOE has determined that
additional clarification is required for these terms and definitions
beyond those that were proposed in the NOPR. Therefore, in this final
rule, DOE is modifying the proposed terms and definitions to better
clarify the intent and application of the March 2022 NOPR proposals.
First, DOE is removing the term ``circuitry'' from the proposed terms
``CFLK with non-consumer-replaceable SSL circuitry'' and ``CFLK with
consumer-replaceable SSL circuitry.'' These terms are meant to refer to
CFLKs with an SSL product. DOE has determined that inclusion of the
word ``circuitry'' is not necessary to distinguish these CFLKs from
CFLKs without SSL products and further may cause confusion regarding
whether these terms are referring to only circuitry or a complete SSL
product. Second, to address comments regarding assembly practices for
CFLKs, DOE is specifying that the cutting of wires, use of a soldering
iron, or damage to or destruction of the CFLK constitutes permanently
altering the product, whereas connecting or disconnecting wire nuts,
fasteners, or screws, or preserving the CFLK as it was sold, does not
constitute permanently altering the product. Finally, DOE is removing
examples from the definition of the proposed term ``CFLKs with
consumer-replaceable SSL circuitry,'' as they have the potential to
cause confusion and obscure the intent of these definitions, which is
to determine whether the SSL light source and associated components
necessary for operation can be removed from the light kit without
permanently altering the CFLK. DOE has determined that these changes
will simplify the terms and definitions and further clarify what
actions constitute permanently altering the CFLK.
Additionally, DOE notes that these definitions are for the purposes
of executing the DOE test procedure (i.e., whether luminaire efficacy
or lamp efficacy must be tested) and not how the installation or
replacement of CFLK products is specified or marketed to the consumer.
Specifically, these definitions are to identify actions, whether they
be common assembly practice or reverse process, that either do or do
not result in a permanent alteration of the CFLK such that it is not
the exact same as it was when sold. If a permanent alteration per the
definitions is required to remove the SSL light source, that product is
a CFLK
[[Page 21068]]
with non-consumer-replaceable SSL, and the manufacturer must test its
luminaire efficacy. If a permanent alteration per the definitions is
not required to remove the SSL light source, that product is a CFLK
with consumer-replaceable SSL, and the manufacturer must test its lamp
efficacy.
Thus, in this final rule, DOE adopts the following modifications to
the terms and definitions of ``CFLKs with integrated circuitry'' and
``other SSL products,'' respectively, as follows:
CFLK with non-consumer-replaceable SSL 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 a
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. Permanently altering the product constitutes the
cutting of wires, use of a soldering iron, or damage to or
destruction of the CFLK and does not constitute connecting or
disconnecting wire nuts, fasteners, or screws, or preserving the
CFLK as it was sold.
CFLK with consumer-replaceable SSL 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 without permanently altering
the product. Permanently altering the product constitutes the
cutting of wires, use of a soldering iron, or damage to or
destruction of the CFLK and does not constitute connecting or
disconnecting wire nuts, fasteners, or screws, or preserving the
CFLK as it was sold.
In the March 2022 NOPR, DOE proposed changes in appendix V1 that
would replace all references of ``CFLK with integrated SSL circuitry''
and ``other SSL products'' with, respectively, ``CFLK with non-
consumer-replaceable SSL circuitry'' and ``CFLK with consumer-
replaceable SSL circuitry.'' 87 FR 13648, 13655. As noted in the
preceding paragraphs, in this final rule, DOE is removing the word
``circuitry'' from these terms. To replace all applicable references,
DOE is amending the title and scope section of appendix V1 and the
definition of ``cover'' in section 2.2 of appendix V1 to include the
updated terms as specified in this final rule.
In the March 2022 NOPR, DOE also proposed to add a row to the table
in section 2 of appendix V1 for ``other SSL lamps that have an ANSI-
standard base and are not integrated LED lamps'' and specify that their
lamp efficacy be tested. 87 FR 13648, 13655. This clarification is
needed as the current and adopted definition for lamps that were once
labeled as ``other SSL products'' (renamed ``CFLKs with consumer-
replaceable SSL'' in this final rule) did not include ANSI-standard
base lamps. Accordingly, DOE also proposed to include the category of
other SSL lamps that have an ANSI-standard base and are not integrated
LED lamps in the title and scope section of appendix V1.
DOE did not receive any comments regarding these specific
proposals. In this final rule, DOE adopts these amendments as proposed
in the March 2022 NOPR.
2. Photometric Measurements
Industry tests efficacy by either using a goniophotometer or an
integrating sphere. Section 3 of appendix V1 specifies that the use of
a goniophotometer is not allowed, which subsequently leaves
manufacturers with only the option of using an integrating sphere. In
the March 2022 NOPR, DOE proposed to allow the use of a
goniophotometer, in addition to an integrating sphere, to test the
luminaire or lamp efficacy of CFLKs. DOE had tentatively concluded that
the difference in measured efficacy using a goniophotometer versus an
integrating sphere was not significant. DOE also noted that allowing
both test methods would give flexibility to manufacturers and would
align with DOE's other lamp test procedures, such as for general
service fluorescent lamps. 87 FR 13648, 13656.
DOE requested 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. Id.
ALA stated that the use of the integrating sphere method would
continue, but that DOE's allowance of using the goniophotometer would
provide additional flexibility to manufacturers who elect to use the
method. (ALA, No. 9 at p. 2).
Thus, in this final rule, as proposed in the March 2022 NOPR, DOE
is amending appendix V1 to allow the use of a goniophotometer to test
the lamp efficacy or luminaire efficacy of CFLKs, as applicable.
D. Amendments to Appendix V
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 removing this
appendix would not result in any change to the current test procedure.
In the March 2022 NOPR, DOE proposed to remove appendix V and rename
appendix V1 as appendix V. 87 FR 13648, 13656.
DOE did not receive any comments on this proposal. In this final
rule, as proposed in the March 2022 NOPR, DOE is removing appendix V as
it is obsolete, and subsequently renaming appendix V1 as appendix V.
E. Amendments to 10 CFR 429.33, 10 CFR 430.23, and 10 CFR 430.32
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 requirements; 10 CFR 430.23(x),
which provides references to DOE test procedures for lamps in CFLKs not
covered in appendix V1; and 10 CFR 430.32(s)(6), which specifies CFLK
energy conservation standards manufactured on or after January 21,
2020. In the March 2022 NOPR, to align with the proposed revised terms
for ``other SSL products'' and ``CFLKs with integrated circuitry'' in
appendix V1 (see section III.C.1), DOE proposed to replace the terms
``other SSL products'' and ``integrated SSL circuitry'' in 10 CFR
429.33, 10 CFR 430.23(x), and 10 CFR 430.32(s)(6) with, respectively,
``consumer-replaceable SSL circuitry'' and ``non-consumer-replaceable
SSL circuitry.'' 87 FR 13648, 13656.
DOE received no comments on this proposal. In this final rule, DOE
has modified these terms slightly by removing the word ``circuitry'' in
accordance with the modifications of the definitions of the related
terms (see section III.C.1). Accordingly, in this final rule, DOE is
replacing the terms ``other SSL products'' and ``integrated SSL
circuitry'' with, respectively, ``consumer-replaceable SSL'' and ``non-
consumer-replaceable SSL'' in 10 CFR 429.33, 10 CFR 430.23(x), and 10
CFR 430.32(s)(6).
In the March 2022 NOPR, DOE also proposed 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. 87 FR 13648, 13656.
DOE received no comments on this proposal. Thus, in this final
rule, DOE is adopting these terminology updates in 10 CFR 429.33 and 10
CFR 430.23(x) as proposed in the March 2022 NOPR.
[[Page 21069]]
F. Test Procedure Costs and Harmonization
1. Test Procedure Costs and Impact
In this final rule, DOE is amending the existing test procedure for
CFLKs by (1) updating references to industry standards to their latest
versions and incorporating by reference industry standards necessary
for executing tests; (2) modifying appendix V1 to allow for the use of
a goniophotometer in testing; (3) revising definitions in appendix V1
regarding CFLKs with SSL light sources to clarify the scope and test
methods; and (4) removing appendix V, the obsolete test procedure that
was used for CFLKs with pin-based sockets manufactured on or after
January 1, 2007, and prior to January 21, 2020, and renaming appendix
V1 as appendix V.
In the March 2022 NOPR, DOE stated that the proposed updates and
incorporation of industry standards are only minor changes to certain
testing specifications and do not change the method of testing CFLKs.
DOE explained that these changes do not require the purchase of
additional equipment, nor do they increase test burden, and
subsequently do not impact testing costs. Regarding the proposed change
to allow the use of a goniophotometer in testing, DOE noted that this
use is optional and does not require manufacturers to change their
current testing methodology, and therefore would not impact testing
costs. DOE also notes the proposed revisions to definitions regarding
CFLKs with SSL technology would only clarify the existing test
methodology, and therefore would not impact testing costs. Finally, DOE
stated that removing appendix V because it is obsolete would not impact
the current test procedure, and therefore would not impact testing
costs. 87 FR 13648, 13656.
In response to DOE's request for comments on the benefits and
burdens of the proposed updates in the March 2022 NOPR, ALA stated that
it supported DOE updating references to industry standards and making
other minor changes to provide clarity for manufacturers without
burdening them. (ALA, No. 9 at p. 2).
For the reasons specified in the March 2022 NOPR, DOE has
determined that the amendments being adopted in this final rule will
not impact test burden or test costs.
2. Harmonization With Industry Standards
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. See section 8(c) of 10 CFR part
430, subpart C, appendix A. 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.
In this final rule, DOE is updating currently referenced industry
standards in appendix V1 to their latest version. For the electrical
and photometric measurement of CFLKs, DOE is incorporating by reference
IES LM-9-20 and IES LM-79-19. For seasoning instructions for CFLKs, DOE
is incorporating IES LM-54-20. For integrating sphere measurements for
CFLKs, DOE is incorporating IES LM-78-20. For goniophotometer
measurements for CFLKs, DOE is incorporating IES LM-75-19. See section
III.B for further details.
G. Effective and Compliance Dates
The effective date for the adopted test procedure amendment will be
30 days after publication of this final rule in the Federal Register.
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of the final rule in the Federal
Register. (42 U.S.C. 6293(c)(2)) 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 Orders 12866 and 13563
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011),
requires agencies, to the extent permitted by law, to (1) propose or
adopt a regulation only upon a reasoned determination that its benefits
justify its costs (recognizing that some benefits and costs are
difficult to quantify); (2) tailor regulations to impose the least
burden on society, consistent with obtaining regulatory objectives,
taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among
alternative regulatory approaches, those approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity);
(4) to the extent feasible, specify performance objectives, rather than
specifying the behavior or manner of compliance that regulated entities
must adopt; and (5) identify and assess available alternatives to
direct regulation, including providing economic incentives to encourage
the desired behavior, such as user fees or marketable permits, or
providing information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule 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,
[[Page 21070]]
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. DOE reviewed this final rule under the provisions of
the Regulatory Flexibility Act and the procedures and policies
published on February 19, 2003.
DOE has recently conducted a focused inquiry into small business
manufacturers of the CFLKs covered by this rulemaking. DOE used
available public information to identify potential small manufacturers.
DOE accessed the Compliance Certification Database \19\ to create a
list of companies that import or otherwise manufacture the CFLKs
covered by this proposal as well as the websites of identified
companies. DOE relied on the Small Business Administration (``SBA'')
size standards for determining the threshold for an entity to be a
small business. The SBA 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. For NAICS code 335131, described as ``residential
electric lighting fixture manufacturing,'' the size threshold is 750
employees for an entity to be a small business. The size threshold is
based on enterprise-wide employment, which includes enterprise
subsidiaries and branches, as well as unrelated establishments of the
parent company. DOE referenced market research tools for employment
estimates and identified 30 domestic small businesses manufacturing or
importing CFLKs.
---------------------------------------------------------------------------
\19\ U.S. Department of Energy Compliance Certification
Database, available at www.regulations.doe.gov/certification-data/products.html.
---------------------------------------------------------------------------
DOE has concluded that the updates to DOE's test procedure for
CFLKs being adopted in this final rule 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 concludes that the cost
effects accruing from the final rule would not have a ``significant
economic impact on a substantial number of small entities,'' and that
the preparation of a FRFA is not warranted. DOE has submitted a
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.
DOE is not amending the certification or reporting requirements for
CFLKs in this final rule.
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 final rule, DOE establishes 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.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 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 examined this final
rule and determined that it will 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 final 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
[[Page 21071]]
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, this final 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 regulatory action resulting 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 final
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 final rule will 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 regulation will 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 final 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 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 significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action 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 modifications to the test procedure for CFLKs adopted in this
final rule incorporates testing methods contained in certain sections
of the following commercial standards:
(1) IES LM-9-20--Approved Method: Electrical and Photometric
Measurement of Fluorescent Lamps, approved February 7, 2020;
(2) IES LM-54-20--Approved Method: IES Guide to Lamp Seasoning,
approved February 7, 2020;
(3) IES LM-75-19--Approved Method: Guide to Goniometer Measurements
and Types, and Photometric Coordinate Systems, approved November 22,
2019;
(4) IES LM-78-20--Approved Method: Total Luminous Flux Measurement
of Lamps Using an Integrating Sphere Photometer, approved February 7,
2020; and
(5) 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
it fully complies with the requirements of section 32(b) of the FEAA
(i.e., whether
[[Page 21072]]
it was developed in a manner that fully provides for public
participation, comment, and review). DOE has consulted with both the
Attorney General and the Chairman of the FTC about the impact on
competition of using the methods contained in these standards and has
received no comments objecting to their use.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
IES LM-9-20 is an industry-accepted standard that describes methods
for taking electrical and photometric measurement of fluorescent lamps.
Specifically, the test procedure codified by this final rule references
IES LM-9-20 for testing the performance of fluorescent lamps.
IES LM-54-20 is an industry-accepted test standard that specifies a
method for seasoning lamps. Specifically, the test procedure codified
by this final rule references IES LM-9-20 for testing fluorescent
lamps, which in turn references IES LM-54-20 for seasoning lamps.
IES LM-75-19 is an industry-accepted test standard that specifies
goniophotometer measurements and types, and photometric coordinates.
Specifically, the test procedure codified by this final rule references
IES LM-79-19 for testing CFLKs with SSL, which in turn references IESNA
LM-75-01/R12 for general recommendations and requirements on making
measurement with goniophotometers. The test procedure codified by this
final rule requires that when referencing IES LM-79-19, where IESNA LM-
75-01/R12 is referenced use IES LM-75-19.
IES LM-78-20 is an industry accepted test standard that specifies a
method for measuring lumen output in an integrating sphere.
Specifically, the test procedure codified by this final rule references
IES LM-9-20 for testing the performance of fluorescent lamps, which in
turn references IES LM-78-20 for integrating sphere photometer
calibration and measurements. Additionally, the test procedure codified
by this final rule requires that when referencing IES LM-79-19, where
IES LM-78-17 is referenced use IES LM-78-20.
IES LM-79-19 is an industry-accepted standard that describes
methods for taking electrical and photometric measurements of SSL
products. Specifically, the test procedure codified by this final rule
references IES LM-79-19 for testing of CFLKs with SSL.
These test standards are all reasonably available from ANSI
(webstore.ansi.org) or IES (www.store.ies.org).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
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 30,
2023, by Francisco Alejandro Moreno, Acting 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 30, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends 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 (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);
0
b. Removing ``integrated SSL circuitry'' and adding in its place ``non-
consumer-replaceable SSL'' in paragraph (a)(3)(ii);
0
c. In paragraph (b)(2)(ii)(A):
0
i. Removing ``integrated solid-state lighting (SSL) circuitry'' and
adding in its place ``non-consumer-replaceable SSL'' in paragraph
(b)(2)(ii)(A); and
0
ii. Removing ``integrated SSL circuitry; other SSL products [not
integrated LED lamp]'' and adding in its place ``non-consumer-
replaceable SSL; consumer-replaceable SSL [not integrated LED lamps]
and other SSL lamps that have an ANSI standard base and are not
integrated LED lamps'' in paragraph (b)(2)(ii)(A); and
0
d. Removing ``integrated SSL circuitry'' and adding in its place ``non-
consumer-replaceable SSL'' in paragraph (b)(3)(ii)(B).
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. In paragraph (r)(2), removing the text ``and appendices V and V1 to
subpart B'';
0
b. In paragraph (r)(4), removing the text ``appendix R'' and adding in
its place the text ``appendices R and V'';
0
c. In paragraph (r)(12), removing the text ``appendix R'' and adding in
its place the text ``appendices R and V'';
0
d. Removing paragraph (r)(15);
0
e. Redesignating paragraph (r)(16) as paragraph (r)(15) and adding new
paragraph (r)(16);
0
f. In paragraph (r)(18), removing the text ``appendix R'' and adding in
its place the text ``appendices R and V'';
[[Page 21073]]
0
g. In paragraph (r)(19), removing the text ``appendices V1 and'' and
adding in its place the text ``appendix'';
0
h. Redesignating paragraphs (r)(21) through (23) as paragraphs (r)(22)
through (24) and adding new paragraph (r)(21).
The additions read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(r) * * *
(16) ANSI/IES LM-75-19 (``IES LM-75-19''), Approved Method: Guide
to Goniophotometer Measurements and Types, and Photometric Coordinate
Systems, ANSI-approved November 22, 2019; IBR approved for appendix V
to subpart B.
* * * * *
(21) ANSI/IES LM-79-19 (``IES LM-79-19''), Approved Method: Optical
and Electrical Measurements of Solid-State Lighting Products, ANSI-
approved May 14, 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 redesignated paragraph (x)(1)(v); and
0
d. Adding reserved paragraph (x)(2).
The revision and addition read 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 (not integrated LED
lamps), packaged with non-consumer-replaceable SSL, 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 basic
model, or non-consumer-replaceable SSL basic model.
(2) [Reserved]
* * * * *
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 as Appendix V to
Subpart B of Part 430]
0
7. Redesignate appendix V1 to subpart B of part 430 as appendix V to
subpart B of part 430 and revise it 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 (Not
Integrated LED Lamps), Packaged With Non-Consumer-Replaceable SSL, or
Packaged With Other SSL Lamps That Have an ANSI Standard Base (Not
Integrated LED Lamps)
Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant standards for
ceiling fan light kits as those standards appeared in January 1,
2023 edition of 10 CFR parts 200-499. Specifically, before October
10, 2023 representations must be based upon results generated either
under this appendix as codified on May 11, 2023 or under appendix V1
as it appeared in the 10 CFR parts 200-499 edition revised as of
January 1, 2023. Any representations made on or after October 10,
2023 must be made based upon results generated using this appendix
as codified on May 11, 2023.
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-75-19, 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:
0.1 IES LM-9-20 as referenced by section 3 of this appendix
(a) Section 4.0 ``Ambient and Physical Conditions''.
(b) Section 5.0 ``Electrical Conditions''.
(c) Section 6.0 ``Lamp Test Procedures''.
(d) Section 7.0 ``Photometric Test Procedures''.0.2 IES LM-79-19
as referenced by section 3 of this appendix
(a) Section 4.0 ``Physical and Environmental Test Conditions''.
(b) Section 5.0 ``Electrical Test Conditions''.
(c) Section 6.0 ``Test Preparation''.
(d) 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) (not integrated
light-emitting diode [LED] lamps), packaged with non-consumer-
replaceable SSL, 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 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 a 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. Permanently altering the product constitutes the
cutting of wires, use of a soldering iron, or damage to or
destruction of the CFLK and does not constitute connecting or
disconnecting wire nuts, fasteners or screws, or preserving the CFLK
as it was sold.
2.2. CFLK with consumer-replaceable SSL 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, without
permanently altering the product. Permanently altering the product
constitutes the cutting of wires, use of a soldering iron, or damage
to or destruction of the CFLK and does not constitute connecting or
disconnecting wire nuts, fasteners or screws, or preserving the CFLK
as it was sold.
2.3. Covers means materials used to diffuse or redirect light
produced by an SSL light source in CFLKs with non-consumer-
replaceable SSL.
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, 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, measure the luminaire
efficacy of the CFLK. For any CFLK that includes consumer
replaceable lamps or consumer-replaceable SSL and non-consumer-
replaceable SSL, 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
[[Page 21074]]
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 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 efficacy
Lighting technology measured Referenced test procedure
----------------------------------------------------------------------------------------------------------------
Other (non-CFL and non-GSFL) fluorescent Lamp Efficacy.................. IES LM-9-20, sections 4-7 and
lamps. corresponding subsections including
references to IES LM-54-20 (lamp
seasoning); IES-LM-78-20
(integrating sphere measurements).
CFLKs with consumer-replaceable SSL..... Lamp Efficacy.................. IES LM-79-19, sections 4-7 and
corresponding subsections. Where IES
LM-78-17 and IES LM-75-01/R12 are
referenced in these sections and
corresponding subsections, use IES
LM-78-20 (integrating sphere
measurements) and IES LM-75-19
(goniophotometer measurements)
instead.
CFLKs with non-consumer-replaceable SSL. Luminaire Efficacy............. IES LM-79-19, sections 4-7 and
corresponding subsections. Where IES
LM-78-17 and IES LM-75-01/R12 are
referenced in these sections and
corresponding subsections, use IES
LM-78-20 (integrating sphere
measurements) and IES LM-75-19
(goniophotometer measurements)
instead.
Other SSL lamps that have an ANSI Lamp Efficacy.................. IES LM-79-19, sections 4-7 and
standard base and are not integrated corresponding subsections. Where IES
LED lamps. LM-78-17 and IES LM-75-01/R12 are
referenced in these sections and
corresponding, use IES LM-78-20
(integrating sphere measurements)
and IES LM-75-19 (goniophotometer
measurements) instead.
----------------------------------------------------------------------------------------------------------------
0
8. Amend Sec. 430.32 by revising paragraph (s)(6) to read as follows:
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 packaged with the basic model of CFLK, and
each basic model of non-consumer-replaceable SSL 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[hairsp]\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
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. 2023-06987 Filed 4-7-23; 8:45 am]
BILLING CODE 6450-01-P
