[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]


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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.

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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))
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    \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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    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.)
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    \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).
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    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
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                                     Reference in this    Comment No. in
           Commenter(s)                 final rule          the docket                Commenter type
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American Lighting Association....  ALA.................               9   Trade Association.
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    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.
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    \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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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
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      Current DOE test procedure                    Amended test procedure                    Attribution
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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.
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    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.
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    \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.
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    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.
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    \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.
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    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.
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    \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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    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.
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    \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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    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