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was associated with the official agency’s support the identified reason for the DEPARTMENT OF ENERGY inability to provide service in 6 hours or challenge. 10 CFR Part 430 less, or timely issuance of the results (C) Determination. The Service will and certificate, the Service may not consider impacts on the assigned [EERE–2021–BT–STD–0012] terminate the exception. If the Service official agency, the applicant, and the terminates a long-term exception, all RIN 1904–AF22 potential gaining agency when deciding parties will be notified, and the whether to grant an exception. These Energy Conservation Program: applicant will resume service with the Definitions for General Service Lamps assigned official agency within 60 days impacts may include, but are not limited to, the viability of the assigned of notification. AGENCY: Office of Energy Efficiency and official agency given the loss of (2) Nonuse of service exception. If an Renewable Energy, Department of business. The Service will also consider applicant has not received service from Energy. the impact on the integrity of the official the assigned official agency within the ACTION: Notice of proposed rulemaking system and confirm an exception would last 90 days, the applicant may request and announcement of public meeting. that the Service grant a nonuse of not undermine the congressional service exception. policies in section 2 of the United States SUMMARY: On January 19, 2017, the U.S. (i) Requests must clearly state and Grain Standards Act. The Service will Department of Energy (‘‘DOE’’) support the following: provide its decision in writing to the published two final rules adopting (A) The last date of service from assigned official agency, the applicant, revised definitions of general service assigned official agency; and the potential gaining agency. lamp (‘‘GSL’’) and general service (B) The reason service has not been incandescent lamp (‘‘GSIL’’), and other received during this timeframe; (v) False or Misleading Requests. If an applicant submits a request that the supplemental definitions, to go into (C) The identified reason for the effect January 1, 2020. Prior to that request. Service determines is false or misleading the Service may elect to effective date, on September 5, 2019, (ii) Relevant information. Applicants DOE withdrew the revised definitions of limit them from submitting further may submit any relevant supporting GSL, GSIL, and the other supplemental requests for a period of up to 180 days. information. This may include, but is definitions. Upon further review and not limited to: (vi) Renewal or Termination of consideration, in this notice of proposed (A) The location of the specified Exception. The nonuse of service rulemaking (‘‘NOPR’’), DOE proposes to service point(s); exception is for the period of the gaining adopt the definitions of GSL and GSIL (B) The types of services requested by agency’s designation. At the end of the and the associated supplemental the applicant and offered by assigned designation, the Service will review the definitions set forth in the January 2017 official agency; exception, and verify all criteria and final rules. This document also (C) The ability of the gaining official announces a public meeting to receive agency to take on additional customers; information. If the exception still meets comment on these proposed definitions. (D) The ability of the assigned official the nonuse criteria, the Service will agency to provide the requested service; renew the exception for the new DATES: (E) Whether the requesting facility has designation period. In the event the Meeting: DOE will hold a public ever used the official system. gaining agency is no longer designated, meeting via webinar on Thursday, (iii) Supporting Documentation. the exception would automatically September 30, 2021, from 10:00 a.m. to Included with the request for an terminate and the customer would 4:00 p.m. See section V, ‘‘Public exception, the applicant must submit return to the assigned official agency. If Participation,’’ for webinar registration supporting documentation to the all parties jointly agree to the information, participant instructions Service. After receipt of the request, the termination of a nonuse of service and information about the capabilities Service will give all parties an exception, the Service will terminate the available to webinar participants. opportunity to provide additional exception. In this case, the assigned Comments: DOE will accept comments, data, and information supporting documentation. The Service official agency must resume service regarding this NOPR no later than will request additional information if within 60 days of notification. any is needed. October 18, 2021. (iv) Review and Validation. Prior to (vii) Historic exceptions. All nonuse ADDRESSES: Interested persons are granting an exception, the Service will of service exceptions, that were in place encouraged to submit comments using review the application and all as of March 30, 2019, will be the Federal eRulemaking Portal at supporting documentation, and the incorporated into geographic boundaries www.regulations.gov. Follow the Service will conduct any necessary of the gaining agencies. instructions for submitting comments. analysis to estimate the exception’s * * * * * Alternatively, interested persons may impact. submit comments identified by docket (A) Notification. The Service will Erin Morris, number EERE–2021–BT–STD–0012, and notify the assigned official agency prior Associate Administrator, Agricultural by email: To to granting an exception for nonuse of Marketing Service. 2021STD0012GSLDefinitions@ service. [FR Doc. 2021–17609 Filed 8–18–21; 8:45 am] ee.doe.gov. Include docket number (B) Challenge. The assigned official BILLING CODE P EERE–2021–BT–STD–0012 in the agency may challenge a proposed subject line of the message. exception for any reason. To challenge No telefacsimiles (‘‘faxes’’) will be a proposed exception, the assigned accepted. For detailed instructions on official agency must object in writing, submitting comments and additional and must submit supporting documents information on this process, see section to the Service within 14 days after the V of this document. date of notification. Documents must Although DOE has routinely accepted clearly identify the objection and public comment submissions through a

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variety of mechanisms, including postal A. Authority definitions for GSL, GSIL, and related mail and hand delivery/courier, the B. March 2016 Notice of Proposed terms, as proposed in this NOPR. Department has found it necessary to Rulemaking and October 2016 Notice of A. Authority make temporary modifications to the Proposed Definition and Data Availability EPCA, as amended,1 authorizes DOE comment submission process in light of C. January 2017 Final Rules the ongoing coronavirus disease 2019 to regulate the energy efficiency of a D. September 2019 Withdrawal Rule and number of consumer products and (‘‘COVID–19’’) pandemic. DOE is Subsequent Review accepting only electronic submissions at II. Synopsis of the Proposed Rule certain industrial equipment. 42 U.S.C. 2 this time. If a commenter finds that this III. General Discussion 6291–6317. Title III, Part B of EPCA, change poses an undue hardship, please A. GSL and GSIL Definitions established the Energy Conservation contact Appliance Standards Program B. Discontinuation of Exemptions Program for Consumer Products Other staff at (202) 586–1445 to discuss the C. GSLs and GSILs Than Automobiles. 42 U.S.C. 6291– need for alternative arrangements. Once 1. T-Shape, B, BA, CA, F, G16–1/2, G25, 6309. These products include GSLs, the G30, S, and M–14 Lamps the COVID–19 pandemic health subject of this rulemaking. 2. Rough Service Lamps, Vibration Service EPCA directs DOE to conduct two emergency is resolved, DOE anticipates Lamps, 3-Way Incandescent Lamps, and resuming all of its regular options for rulemaking cycles to evaluate energy Shatter-Resistant Lamps conservation standards for GSLs. 42 public comment submission, including D. Other GSLs postal mail and hand delivery/courier. E. Incandescent Reflector Lamps U.S.C. 6295(i)(6)(A)–(B). GSLs are Docket: The docket for this activity, F. Supplemental Definitions defined in EPCA to include GSILs, which includes Federal Register G. Proposed Effective Date compact fluorescent lamps (‘‘CFLs’’), notices, comments, and other IV. Procedural Issues and Regulatory Review general service light-emitting diode supporting documents/materials, is A. Review Under Executive Orders 12866 (‘‘LED’’) lamps and organic light available for review at B. Review Under the Regulatory Flexibility emitting diode (‘‘OLED’’) lamps, and Act www.regulations.gov. All documents in any other lamps that the Secretary of C. Review Under the Paperwork Reduction Energy (‘‘Secretary’’) determines are the docket are listed in the Act www.regulations.gov index. However, used to satisfy lighting applications D. Review Under the National traditionally served by general service not all documents listed in the index Environmental Policy Act of 1969 may be publicly available, such as E. Review Under Executive Order 13132 incandescent lamps. 42 U.S.C. information that is exempt from public F. Review Under Executive Order 12988 6291(30)(BB)(i), (CC)(i), (DD). The EPCA disclosure. G. Review Under the Unfunded Mandates provision setting forth relevant The docket web page can be found at Reform Act of 1995 definitions indicates that the term www.regulations.gov/ H. Review Under the Treasury and General ‘‘general service lamp’’ in EPCA does #!docketDetail;D=EERE-2021-BT-STD- Government Appropriations Act, 1999 not include any of the twenty-two I. Review Under Executive Order 12630 0012. The docket web page contains lighting applications or bulb shapes J. Review Under the Treasury and General explicitly not included in the definition instructions on how to access all Government Appropriations Act, 2001 documents, including public comments, of ‘‘general service incandescent K. Review Under Executive Order 13211 3 in the docket. See section V for L. Review Under Section 32 of the Federal lamp,’’ or any general service information on how to submit Energy Administration Act of 1974 fluorescent lamp or incandescent comments through M. Materials Incorporated by Reference reflector lamp. 42 U.S.C. www.regulations.gov. V. Public Participation 6291(30)(BB)(ii). A. Attendance at the Webinar For the first rulemaking cycle, EPCA FOR FURTHER INFORMATION CONTACT: Dr. B. Procedure for Submitting Prepared directs DOE to initiate a rulemaking Stephanie Johnson, U.S. Department of General Statements for Distribution process prior to January 1, 2014, to Energy, Office of Energy Efficiency and C. Conduct of the Webinar consider two questions: (1) Whether to Renewable Energy, Building D. Submission of Comments amend energy conservation standards Technologies Office, EE–5B, 1000 VI. Approval of the Office of the Secretary Independence Avenue SW, Washington, I. Authority and Background 1 All references to EPCA in this document refer DC 20585–0121. Telephone: (202) 287– to the statute as amended through the Energy Act 1943. Email: Amendments to the Energy Policy and of 2020, Public Law 116–260 (Dec. 27, 2020). ApplianceStandardsQuestions@ Conservation Act (‘‘EPCA’’) in the 2 For editorial reasons, upon codification in the ee.doe.gov. U.S. Code, Part B was redesignated Part A. Energy Independence and Security Act 3 As defined in EPCA ‘‘general service Ms. Celia Sher, U.S. Department of of 2007, Public Law 110–140 (‘‘EISA’’) incandescent lamp’’ does not include the following Energy, Office of the General Counsel, directed DOE to conduct a number of incandescent lamps: (I) An appliance lamp; (II) A GC–33, 1000 Independence Avenue SW, rulemakings regarding coverage of black light lamp; (III) A bug lamp; (IV) A colored Washington, DC 20585–0121. lamp; (V) An infrared lamp; (VI) A left-hand thread lamps as GSLs and GSILs, and to lamp; (VII) A marine lamp; (VIII) A marine signal Telephone: (202) 287–6122. Email: evaluate energy conservation standards service lamp; (IX) A mine service lamp; (X) A plant [email protected]. for such lamps. 42 U.S.C. 6295(i)(6)(A)– light lamp; (XI) A reflector lamp; (XII) A rough For further information on how to (B). Pursuant to this authority, DOE service lamp; (XIII) A shatter-resistant lamp submit a comment, review other public (including a shatter-proof lamp and a shatter- conducted a rulemaking to establish protected lamp); (XIV) A sign service lamp; (XV) A comments and the docket, or participate revised regulatory definitions for GSLs silver bowl lamp; (XVI) A showcase lamp; (XVII) A in the public meeting, contact the and GSILs. See 82 FR 7276 (Jan. 19, three-way incandescent lamp; (XVIII) A traffic Appliance and Equipment Standards 2017); 82 FR 7322 (Jan. 19, 2017). signal lamp; (XIX) A vibration service lamp; (XX) Program staff at (202) 287–1445 or by A G shape lamp (as defined in ANSI C78.20–2003 Subsequently, DOE conducted a and C79.1–2002[)] with a diameter of 5 inches or email: ApplianceStandardsQuestions@ rulemaking in which it withdrew these more; (XXI) A T shape lamp (as defined in ANSI ee.doe.gov. revised definitions before they took C78.20–2003 and C79.1–2002) [and] that uses not SUPPLEMENTARY INFORMATION: effect. 84 FR 46661 (Sept. 5, 2019). The more than 40 watts or has a length of more than following paragraphs provide an 10 inches; (XXII) A B, BA, CA, F, G16–1/2, G–25, Table of Contents G30, S, or M–14 lamp (as defined in ANSI C79.1– overview of the authorities and final 2002 and ANSI C78.20–2003) of 40 watts or less. I. Authority and Background rules issued by DOE relevant to the 42 U.S.C. 6291(30)(D)(ii).

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for general service lamps to establish (Mar. 17, 2016). In that NOPR, DOE 6295(i)(6)(A)(i)(II). DOE explained in the more stringent standards than EPCA stated that it would be unable to rule that the discontinuation of certain specifies, and (2) whether ‘‘the undertake any analysis regarding GSILs exemptions would render the lamps exemptions for certain incandescent and other incandescent lamps because within those exemptions GSLs, to the lamps should be maintained or of a then-applicable congressional extent they would otherwise qualify as discontinued.’’ 42 U.S.C. restriction (‘‘the Appropriations Rider’’). GSLs. For certain lamps, the 6295(i)(6)(A)(i). In developing such a See Id. at 81 FR 14528, 14540–14541. discontinuation of the exemption may rule, DOE must consider a minimum The Appropriations Rider prohibited also render the lamp a GSIL, to the efficacy standard of 45 lumens per watt expenditure of funds appropriated by extent it would otherwise qualify as a (‘‘lm/W’’). 42 U.S.C. 6295(i)(6)(A)(ii). that law to implement or enforce: (1) 10 GSIL. 82 FR 7277. DOE stated that it Further, if the Secretary determines that CFR 430.32(x), which includes would then either impose standards on the standards in effect for GSILs should maximum wattage and minimum rated these lamps pursuant to its authority to be amended, EPCA provides that a final lifetime requirements for GSILs; and (2) develop GSL standards or apply the rule must be published by January 1, standards set forth in section backstop standard prohibiting the sale 2017, with an effective date at least 325(i)(1)(B) of EPCA (42 U.S.C. of lamps not meeting a 45 lm/W efficacy three years after the date on which the 6295(i)(1)(B)), which sets minimum standard. 82 FR 7276, 7277. The final rule is published. 42 U.S.C. lamp efficiency ratings for incandescent definitions in the January 2017 Final 6295(i)(6)(A)(iii). Additionally, EPCA reflector lamps (‘‘IRLs’’). Under the Rules were to become effective on directs that the Secretary shall consider Appropriations Rider, DOE was January 1, 2020. 82 FR 7276, 7276; 82 phased-in effective dates after restricted from undertaking the analysis FR 7322, 7322. considering certain economic factors. 42 required to address the first question D. September 2019 Withdrawal Rule U.S.C. 6295(i)(6)(A)(iv). If DOE fails to presented by Congress, but was not so and Subsequent Review complete a rulemaking in accordance limited in addressing the second with 42 U.S.C. 6295(i)(6)(A)(i)–(iv), or if question—that is, DOE was not With the removal of the a final rule from the first rulemaking prevented from determining whether Appropriations Rider in the cycle does not produce savings greater the exemptions for certain incandescent Consolidated Appropriations Act, 2017, than or equal to the savings from a lamps should be maintained or DOE was no longer restricted from minimum efficacy standard of 45 lm/W, discontinued. To address that second undertaking the analysis and decision- the statute provides a ‘‘backstop’’ under question, DOE published a Notice of making required to address the first question presented by Congress—that is, which DOE must prohibit sales of GSLs Proposed Definition and Data whether to amend energy conservation that do not meet a minimum 45 lm/W Availability (‘‘NOPDDA’’), which standards for GSLs, including GSILs. standard. 42 U.S.C. 6295(i)(6)(A)(v). proposed to amend the definitions of Thus, on August 15, 2017, DOE EPCA further directs DOE to initiate GSIL, GSL, and related terms (‘‘October published a Notice of Data Availability a second rulemaking cycle by January 1, 2016 NOPDDA’’). 81 FR 71794, 71815 and request for information (‘‘NODA’’) 2020, to determine whether standards in (Oct. 18, 2016). Notably, the seeking data for GSILs and other effect for GSILs (which are a subset of Appropriations Rider originally was incandescent lamps (‘‘August 2017 GSLs) should be amended with more adopted in 2011 and was readopted and stringent maximum wattage NODA’’). 82 FR 38613. extended continuously in multiple The purpose of the August 2017 requirements than EPCA specifies, and subsequent legislative actions. It expired whether the exemptions for certain NODA was to assist DOE in determining on May 5, 2017, when the Consolidated incandescent lamps should be whether standards for GSILs should be Appropriations Act, 2017 was enacted.4 maintained or discontinued. 42 U.S.C. amended. 42 U.S.C. 6295(i)(6)(A)(i)(I). 6295(i)(6)(B)(i). As in the first C. January 2017 Final Rules Comments submitted in response to the rulemaking cycle, the scope of the August 2017 NODA also led DOE to On January 19, 2017, DOE published reconsider the decisions it had already second rulemaking is not limited to two final rules concerning the incandescent lamp technologies. 42 made with respect to the second definitions of GSL, GSIL, and related question presented to DOE (whether the U.S.C. 6295(i)(6)(B)(ii). terms. 82 FR 7276; 82 FR 7322 (‘‘January In addition to the two mandated exemptions for certain incandescent 2017 Final Rules’’). The January 2017 rulemaking cycles, under the statutory lamps should be maintained or Final Rules amended the definitions of definition of GSL, DOE has authority to discontinued). 42 U.S.C. GSIL and GSL by bringing certain include lamps as GSLs upon 6295(i)(6)(A)(i)(II). As a result of the categories of lamps within the determining that they are ‘‘used to comments received in response to the definitions of GSIL and GSL that EPCA satisfy lighting applications August 2017 NODA, DOE also re- had exempted. These two rules were traditionally served by general service assessed the legal interpretations issued simultaneously, with the first incandescent lamps.’’ 42 U.S.C. underlying certain decisions made in rule maintaining the existing exemption 6291(30)(BB)(i)(IV). the January 2017 Final Rules. for IRLs in the definition of GSL and the On February 11, 2019, DOE published B. March 2016 Notice of Proposed second rulemaking determining to a NOPR proposing to withdraw the Rulemaking and October 2016 Notice of discontinue the IRL exemption. See 82 revised definitions of GSL and GSIL, Proposed Definition and Data FR 7312; 82 FR 7323. The January 2017 and the new and revised definitions of Availability Final Rules related only to the second related terms that were to go into effect Pursuant to its statutory authority, question that Congress directed DOE to on January 1, 2020. 84 FR 3120. In a DOE published a Notice of Proposed consider, regarding whether to maintain final rule published September 5, 2019, Rulemaking on March 17, 2016 that or discontinue ‘‘exemptions’’ for certain DOE finalized the withdrawal of the addressed the first question that incandescent lamps. 42 U.S.C. definitions of GSIL, GSL, and related Congress directed it to consider— terms established in the January 2017 4 See Consolidated Appropriations Act of 2017 whether to amend energy conservation (Pub. L. 115–31, div. D, tit. III); see also Final Rules. 84 FR 46661 (‘‘September standards for GSLs (‘‘March 2016 Consolidated Appropriations Act, 2018 (Pub. L. 2019 Withdrawal Rule’’). Informed, in NOPR’’). 81 FR 14528, 14629–14630 115–141). part, by comments received in response

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to the August 2017 NODA, DOE 7037, 7041. Section 2 of the Order traditionally served by GSILs; however, concluded in the September 2019 instructs all agencies to review ‘‘existing as initially specified by EPCA, GSLs did Withdrawal Rule that maintaining the regulations, orders, guidance not include any lighting application or definitions for GSL and GSIL as documents, policies, and any other bulb shape that under 42 U.S.C. established by EPCA and not similar agency actions . . . 6291(30)(D)(ii) is not included in the discontinuing certain exemptions promulgated, issued, or adopted ‘‘general service incandescent lamp’’ pursuant to the required review under between January 20, 2017, and January definition, or any general service 42 U.S.C. 6295(i)(6)(A)(i) was the best 20, 2021, that are or may be inconsistent fluorescent lamp or incandescent reading of the statute. 84 FR 46661, with, or present obstacles to, [these reflector lamp. 42 U.S.C. 6291(30)(BB). 46665–46666. DOE also stated that it policies].’’ Id. Agencies are then EPCA defines a GSIL generally as a identified inaccuracies underlying its directed, as appropriate and consistent standard incandescent or halogen type determination to revise the definitions with applicable law, to consider lamp that is intended for general service of GSL and GSIL. 84 FR 46661, 46665. suspending, revising, or rescinding applications; has a medium screw base; Based on data received in response to these agency actions and to immediately has a lumen range of not less than 310 the August 2017 NODA, DOE learned commence work to confront the climate lumens and not more than 2,600 lumens that it had overestimated shipment crisis. Id. or, in the case of a modified spectrum numbers for candelabra base Consistent with E.O. 13990, DOE has lamp, not less than 232 lumens and not incandescent lamps by a factor of more undertaken a review of the definitions more than 1,950 lumens; and is capable than two. Id. In withdrawing the of GSL and GSIL in the September 2019 of being operated at a voltage range at definitions established in the January Withdrawal Rule and the January 2017 least partially within 110 and 130 volts. 2017 Final Rules, DOE specifically Final Rules. Although E.O. 13990 42 U.S.C. 6291(30)(D)(i). This definition addressed its determinations to triggered DOE’s review, DOE is relying does not apply, however, to the maintain the exemptions for rough on its analysis below, based on the following incandescent lamps: An service lamps; shatter-resistant lamps; language and intent of EPCA, to support appliance lamp; a black light lamp; a three-way incandescent lamps; high its decision to reconsider the September bug lamp; a colored lamp; an infrared lumen incandescent lamps (2,601–3,300 2019 Withdrawal Rule. As a result of lamp; a left-hand thread lamp; a marine lumens); vibration service lamps; T- this review, DOE rejects the alternative lamp; a marine signal service lamp; a shape lamps of 40 watts (‘‘W’’) or less interpretation of the statutory directives mine service lamp; a plant light lamp; or length of 10 inches or more; B, BA, in EPCA set forth in the September 2019 a reflector lamp; a rough service lamp; CA, F, G16–1/2, G25, G30, S, M–14 Withdrawal rule and preliminarily a shatter-resistant lamp (including a lamps of 40 W or less; candelabra base determines that DOE’s interpretation in shatter-proof lamp and a shatter- lamps; and IRLs. Id. this proposed rule is the best and proper protected lamp); a sign service lamp; a The September 2019 Withdrawal Rule reading of the statute. silver bowl lamp; a showcase lamp; a also addressed issues and comments three-way incandescent lamp; a traffic regarding the imposition of the 45 lm/ II. Synopsis of the Proposed Rule signal lamp; a vibration service lamp; a W backstop, applicability of EPCA’s In this NOPR, DOE proposes to amend G shape lamp (as defined in ANSI anti-backsliding provision at 42 U.S.C. the definitions of GSL and GSIL as C78.20 and ANSI C79.1–2002) with a 6295(o), and preemption of State previously set forth in the January 2017 diameter of 5 inches or more; a T shape regulation of lamps. 84 FR 46663– Final Rules. DOE has preliminarily lamp (as defined in ANSI C78.20 and 46665, 46669. These additional issues determined that the definitions as ANSI C79.1–2002) and that uses not are not the subject of this NOPR. DOE proposed are consistent with the more than 40 watts or has a length of has requested comments and data to congressional direction provided in more than 10 inches; and a B, BA, CA, inform further consideration of the 45 EPCA and further the purposes set forth F, G16–1/2, G–25, G30, S, or M–14 lamp lm/W backstop provision. See 86 FR in EPCA, as well as in E.O. 13990. (as defined in ANSI C79.1–2002 and 28001 (May 25, 2021). Additionally, DOE proposes to adopt ANSI C78.20) of 40 watts or less. 42 As a result of the September 2019 the supplemental definitions U.S.C. 6291(30)(D)(ii). Withdrawal Rule, the amended established in the January 2017 Final In the January 2017 Final Rules, invoking the rulemaking authority definitions of GSL and GSIL and the Rules, which relate to the proposed new and revised definitions of related afforded by EPCA in 42 U.S.C. definitions of GSL and GSIL. DOE is not terms established in the January 2017 6291(30)(BB)(i)(IV), DOE amended the proposing whether standards for GSLs, Final Rules were withdrawn prior to regulatory definition of GSL to mean a including GSILs, should be amended. going into effect. The current regulatory lamp that had an ANSI base; was able Rather, DOE is proposing the scope of definitions of GSL and GSIL are those to operate at a voltage of 12 volts or 24 lamps to be considered in such a set forth in EPCA. See 10 CFR 430.2; see volts, at or between 100 to 130 volts, at determination. also 42 U.S.C. 6291(30)(D); 42 U.S.C. or between 220 to 240 volts, or of 277 6291(30)(BB). III. General Discussion volts for integrated lamps, or was able Subsequent to the September 2019 to operate at any voltage for non- Withdrawal Rule, on January 20, 2021, A. GSL and GSIL Definitions integrated lamps; had an initial lumen President Biden issued Executive Order To provide context for this NOPR, this output of greater than or equal to 310 (‘‘E.O.’’) 13990, ‘‘Protecting Public section provides further description of lumens (or 232 lumens for modified Health and the Environment and the statutory and regulatory definitions, spectrum general service incandescent Restoring Science to Tackle the Climate as amended under the January 2017 lamps) and less than or equal to 3,300 Crisis.’’ 86 FR 7037 (Jan. 25, 2021). Final Rules and September 2019 lumens; was not a light fixture; was not Section 1 of that Order lists a number Withdrawal Rule rulemakings. an LED downlight retrofit kit; and was of policies related to the protection of EPCA defines the class of GSLs as used in general lighting applications. 82 public health and the environment, including GSILs, CFLs, general service FR 7312. General service lamps including reducing greenhouse gas LED and OLED lamps, and any other included, but were not limited to, emissions and bolstering the Nation’s lamps that DOE determines are used to general service incandescent lamps, resilience to climate change. 86 FR satisfy lighting applications compact fluorescent lamps, general

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service light-emitting diode lamps, and incandescent lamps should be and, consequently, failed to read the general service organic light-emitting discontinued. In adopting the statute in the proper context, leading to diode lamps. 82 FR 7276, 7321. rulemaking mandate, Congress provided an incorrect interpretation by DOE in As defined in the January 2017 Final DOE with the authority to adjust the 2019 that it could not exercise its Rules, GSLs did not include: (1) scope of GSLs and GSILs to ensure that authority to remove exemptions for Appliance lamps; (2) Black light lamps; the energy savings Congress intended certain incandescent lamps that are (3) Bug lamps; (4) Colored lamps; (5) G would be achieved notwithstanding the used in general lighting applications. shape lamps with a diameter of 5 inches possibility that, with the passage of The initial determination reached here or more as defined in ANSI C79.1–2002; time, different lamps might be used to to adopt the definitions established in (6) General service fluorescent lamps; satisfy lighting applications the January 2017 Final Rules best aligns (7) High intensity discharge lamps; (8) traditionally served by GSILs. 42 U.S.C. with EPCA’s goals for increasing the Infrared lamps; (9) J, JC, JCD, JCS, JCV, 6295(i)(6)(A)(i)–(ii). In disavowing energy efficiency of covered products JCX, JD, JS, and JT shape lamps that do DOE’s prior conclusions in the January through the establishment and not have Edison screw bases; (10) 2017 Final Rules, the September 2019 amendment of energy conservation Lamps that have a wedge base or Withdrawal Rule incongruously standards and promoting conservation prefocus base; (11) Left-hand thread asserted that the statutory command to measures when feasible. 42 U.S.C. 6291 lamps; (12) Marine lamps; (13) Marine DOE to determine whether to et seq., as amended. signal service lamps; (14) Mine service discontinue certain exemptions did not C. GSLs and GSILs lamps; (15) MR shape lamps that have give DOE authority to amend statutory a first number symbol equal to 16 definitions by regulation, 84 FR 46667, As discussed in section I.A, EPCA (diameter equal to 2 inches) as defined but then failed to explain what that directs DOE to initiate a rulemaking in ANSI C79.1–2002, operate at 12 volts, command does authorize. In doing so, process prior to January 1, 2014, to and have a lumen output greater than or the September 2019 Withdrawal Rule consider two questions: (1) Whether to equal to 800; (16) Other fluorescent disregarded congressional intent as amend energy conservation standards lamps; (17) Plant light lamps; (18) R20 expressed through the statutory for general service lamps and (2) short lamps; (19) Reflector lamps that language. In contrast, the position taken whether ‘‘the exemptions for certain have a first number symbol less than 16 in the January 2017 Final Rules did incandescent lamps should be (diameter less than 2 inches) as defined fulfill the intent of Congress by using maintained or discontinued.’’ 42 U.S.C. 6295(i)(6)(A)(i). In the January 2017 in ANSI C79.1– 2002 and that do not the authority granted to DOE through Final Rules, which addressed the have E26/E24, E26d, E26/50x39, E26/ EISA to achieve the energy savings for second question, DOE understood the 53x39, E29/28, E29/53x39, E39, E39d, GSLs that Congress expected. This purpose of the determinations regarding EP39, or EX39 bases; (20) S shape or G position represents the best exemptions required under section shape lamps that have a first number implementation of EPCA given the (i)(6)(A)(i)(II) of EPCA to be to ensure symbol less than or equal to 12.5 potential for lost energy savings that that a given exemption would not (diameter less than or equal to 1.5625 may result from the use of lamps in impair the effectiveness of GSL inches) as defined in ANSI C79.1–2002; general lighting applications that would standards by leaving available a (21) Sign service lamps; (22) Silver bowl not be subject to energy conservation convenient substitute that is not lamps; (23) Showcase lamps; (24) standards. As DOE understood in the Specialty MR lamps; (25) T shape lamps regulated as a GSL. DOE based its January 2017 Final Rules, EPCA decision for each exemption on an that have a first number symbol less exempted certain categories of lamps than or equal to 8 (diameter less than or assessment of whether the exemption because, on the one hand, some lamps encompasses lamps that can provide equal to 1 inch) as defined in ANSI in those categories have specialty C79.1–2002, nominal overall length less general illumination and can applications; and on the other hand, it functionally be a ready substitute for than 12 inches, and that are not compact was not clear, at the time when these fluorescent lamps; and (26) Traffic lamps already covered as GSLs. Id. A lamp provisions were originally lamp that is capable of providing signal lamps. Id.; 82 FR 7322, 7333. enacted, whether those lamps were used The January 2017 Final Rules defined general illumination has design features to satisfy lighting applications GSIL to discontinue the exemptions for that make it highly suitable for traditionally served by GSILs. 82 FR rough service lamps; shatter-resistant performing that task in the sort of 7276, 7277. The purpose, then, of the lamps; three-way incandescent lamps; application in which GSILs have determination Congress directed DOE to vibration service lamps; reflector lamps; traditionally served. 82 FR 7276, 7303. make (i.e., whether to maintain or to T-shape lamps of 40 W or less or length The technical characteristics of lamps in discontinue a given exemption (42 of 10 inches or more; and B, BA, CA, F, a given exemption and the volume of U.S.C. 6295(i)(6)(A)(i)(II))) was that DOE G16–1/2, G25, G30, S, M–14 lamps of 40 sales of those lamps were among the should assess the role of lamps of the W or less. 82 FR 7276, 7291. considerations relevant to that DOE subsequently withdrew the various exempted types in the broader assessment. 82 FR 7276, 7288. High definitions as established in the January lighting market, bearing in mind the annual sales were an indication that the 2017 Final Rules before their effective evident statutory purpose of achieving product is likely used in general lighting date and reverted to the statutory energy conservation by imposing applications, because the sales of lamps definitions. As a result, the exemptions efficiency standards for general lighting. for specialty applications tend to be from the definitions of GSL and GSIL as Id. at 82 FR 7276, 7277. That is, relatively small compared with sales for originally provided in EPCA are Congress directed DOE to evaluate general-purpose lighting. Id. DOE also currently maintained. whether the exempted lamps are being cautioned that sales data are not the used in applications in which GSILs only consideration, as it may be B. Discontinuation of Exemptions have previously been used. appropriate to discontinue an The September 2019 Withdrawal Rule In the September 2019 Withdrawal exemption even though current sales are failed to give meaningful effect to the Rule, DOE failed to properly consider relatively low, if technical statutory direction that DOE determine the congressional intent underlying characteristics of the exempted lamps whether exemptions for certain EPCA generally and EISA specifically, make them likely to serve as ready

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substitutes for GSLs once GSL standards with DOE’s determination in a final rule following paragraphs discuss the are in place. Id. published on November 14, 2013, that proposed discontinuation of the Contrary to this position, in the standards for R20 short lamps would exemptions for certain T-shape, B, BA, September 2019 Withdrawal Rule, DOE not result in significant energy savings CA, F, G16–1/2, G25, G30, S, and M–14 stated that it may have overstepped its because such lamps are designed for lamps; rough service lamps; vibration limited authority by relying on factors special applications or have special service lamps; three-way incandescent that Congress did not intend it to characteristics not available in lamps; and shatter-resistant lamps. consider. DOE further stated that it was reasonably substitutable lamp types. 78 no longer using ‘‘convenient FR 68331, 68340. 1. T-Shape, B, BA, CA, F, G16–1/2, G25, unregulated alternatives’’ as a basis As stated, GSILs are included in the G30, S, and M–14 Lamps upon which to discontinue exemptions definition of GSL. 42 U.S.C. In the January 2017 Final Rules, DOE for specialty lamp types. DOE agreed 6291(30)(BB)(i)(I). Any lamp that meets discontinued the exemptions for certain with those commenters that asserted the definition of a GSIL would be a GSL. T-shape lamps and certain B, BA, CA, this consideration went beyond the As such, consideration of whether a F, G16–1/2, G25, G30, S, and M–14 authority granted by Congress to use the GSIL exemption should be maintained, lamps. 82 FR 7276, 7294. DOE found potential that a lamp may be considered for purposes of both the GSL definition that T-shape lamps are frequently used a loophole to GSL standards as the basis and the GSIL definition, is informed, in in general lighting applications and thus for discontinuing its exemption under part, by the considerations under DOE’s present a significant risk for lamp the statute. 84 FR 46661, 46668–46669. authority to include other lamps as switching. Based on this high potential Subsequently, in the September 2019 GSLs because they ‘‘are used to satisfy for lamp switching—reflected in part by Withdrawal Rule, DOE maintained the lighting applications traditionally high sales—DOE discontinued the GSIL definitions of GSLs and GSILs. Id. served by general service incandescent exemption for these lamps. Id. Upon reviewing the September 2019 lamps.’’ 42 U.S.C. 6291(30)(BB)(i)(IV). Regarding B, BA, CA, F, G16–1/2, G25, Withdrawal Rule, DOE now recognizes Based on DOE’s review of product G30, S, and M–14 lamps, DOE noted that the analysis in that rule may have availability, technical information, and that Congress listed these lamps overlooked certain considerations and prior stakeholder comments, DOE together in paragraph (XXII), and so may not have accurately characterized preliminarily finds that the considered whether to maintain the the actions taken in the January 2017 unavailability of non-incandescent exemption for these lamps as a group. Final Rules. Certain factors were not substitutes for a given lamp suggests Id. DOE also noted that the pear shapes fully explored in the September 2019 that the lamp is not being used for and globe shapes characterized by the Withdrawal Rule and merit traditional GSIL applications. If design majority of lamps in this category would consideration in determining whether to characteristics of lamps for a given not prevent consumers from using them amend the definitions of GSL and GSIL. application are such that the non- in general service lighting applications The specific discussions from the incandescent lamp cannot be made with and found that these lamps are very September 2019 Withdrawal Rule that the same characteristics, DOE common. 82 FR 7276, 7295. DOE require further consideration are preliminarily concludes those lamps are considered the potential for lamp addressed in the appropriate sections not being used for general illumination switching through the future use of that follow. and, therefore, such lamps would be different fixtures and found there to be Based on the analysis and evaluation excluded from the definition of GSLs a potential that inclusion of some but presented in the rulemaking See 82 FR 7276, 7301. culminating in the January 2017 Final Also relevant to DOE’s consideration not all of the lamps in the group would Rules, and the discussion that follows, of whether to maintain a GSIL shift the market to the lamp or lamps DOE is proposing to define GSIL to exemption, DOE must also determine that remain exempt. Id. Accordingly, mean: A standard incandescent or what types of lighting applications have DOE discontinued exemptions in the halogen type lamp that is intended for been traditionally served by GSILs. As GSIL definition for B, BA, CA, F, G16– general service applications; has a stated in the January 2017 Final Rules, 1/2, G25, G30, S, and M–14 lamps of 40 medium screw base; has a lumen range traditionally, lamps that are standard W or less. Id. of not less than 310 lumens and not incandescent or halogen and that satisfy However, in the January 2017 Final more than 2,600 lumens or, in the case the other criteria for the definition of Rules, DOE did maintain exemptions of a modified spectrum lamp, not less GSIL in 42 U.S.C. 6291(30)(D) have from the GSL definition set forth in than 232 lumens and not more than served general lighting applications. 82 those final rules for the following lamp 1,950 lumens; and is capable of being FR 7276, 7302. By ‘‘general lighting shapes: (1) T-shape lamps that have a operated at a voltage range at least applications,’’ DOE means lighting that first number symbol less than or equal partially within 110 and 130 volts; provides an interior or exterior area to 8 (diameter less than or equal to 1 however, this definition does not apply with overall illumination. DOE inch) as defined in ANSI C79.1–2002, to the following incandescent lamps: An considers the term ‘‘overall nominal overall length less than 12 appliance lamp; a black light lamp; a illumination’’ to be similar in meaning inches, and that are not compact bug lamp; a colored lamp; a G shape to the term ‘‘general lighting’’ as defined fluorescent lamps; and (2) S-shape or G- lamp with a diameter of 5 inches or in the industry standard ANSI/IES RP– shape lamps that have a first number more as defined in ANSI C79.1–2002; an 16–10, which states that ‘‘general symbol less than or equal to 12.5 infrared lamp; a left-hand thread lamp; lighting’’ means lighting designed to (diameter less than or equal to 1.5625 a marine lamp; a marine signal service provide a substantially uniform level of inches) as defined in ANSI C79.1–2002. lamp; a mine service lamp; a plant light illuminance throughout an area, DOE concluded that those lamps should lamp; an R20 short lamp; a sign service exclusive of any provision for special not have been included in the GSL lamp; a silver bowl lamp; a showcase local requirements. definition set forth in those final rules lamp; and a traffic signal lamp. Further discussion of DOE’s because they do not and likely cannot The proposed definition explicitly consideration of including other lamps have equivalent replacements using exempts R20 short lamps to maintain an as GSLs is discussed in greater detail in more efficient technology. 82 FR 7276, exemption for these lamps consistent section III.D of this document. The 7310.

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In the September 2019 Withdrawal overall illumination (i.e., general and presented in the January 2017 Final Rule, DOE addressed the illumination). 82 FR 7276, 7294–7295. Rules, DOE has tentatively concluded discontinuation of exemptions for Regarding the form factor and size of that the basis for discontinuing the certain T-shape, B, BA, CA, F, G16–1/ certain T-shape, B, BA, CA, F, G16–1/ exemption for certain T-shape, B, BA, 2, G25, G30, S, and M–14 lamps 2, G25, G30, S, and M–14 lamps, DOE CA, F, G16–1/2, G25, G30, S, and M–14 together with candelabra base lamps, tentatively concludes that such lamps lamps in this proposal is the best stating that discontinuing the were not accurately compared to lamps interpretation of the statute. In contrast exemptions for all of these lamp that meet the current statutory to the interpretation adopted by DOE in categories was not consistent with the definition of GSIL in the September 2019, this proposal best satisfies the best reading of the statute because such 2019 Withdrawal Rule. The September intent of Congress and implements the lamps are not used in the same 2019 Withdrawal Rule stated that these objective of the statutory language of applications as the standard GSIL. 84 FR lamps have form factors not as large as EPCA to conserve energy through 46661, 46668. DOE stated that these currently defined GSILs. 84 FR 46661, regulation of certain energy uses and lamps generally provide a more limited 46668. However, DOE now recognizes provide improved energy efficiency of range of light output as compared with that the most common GSIL is an A19 certain consumer products. See 42 GSILs not subject to exemption, have shape,5 and that the G25 and G30 lamps U.S.C. 6201. Accordingly, DOE proposes form factors not as large as GSILs not have a diameter 31 percent and 57 to define these products as GSILs in this subject to exemptions, and present a percent greater, respectively, than the proposal. DOE requests information and decorative aesthetic not replicated by diameter of the A19 shape. Further, the data, if available, on sales data of T- GSILs not subject to the exemptions. Id. September 2019 Withdrawal Rule stated shape, B, BA, CA, F, G16–1/2, G25, G30, Upon further consideration, DOE has that these lamp shapes present a S, and M–14 lamps. decorative aesthetic not replicated by tentatively determined that candelabra 2. Rough Service Lamps, Vibration lamps that meet the current statutory base lamps were inappropriately Service Lamps, Three-Way Incandescent definition of GSIL. Id. DOE no longer addressed with T-shape, B, BA, CA, F, Lamps, and Shatter-Resistant Lamps G16– agrees that this statement supports Under 42 U.S.C. 6295(l)(4), DOE is 1/2, G25, G30, S, and M–14 lamps in the continued exemption, as data indicates required to undertake a rulemaking for September 2019 Withdrawal Rule. The that the decorative shape does not rough service lamps, shatter-resistant January 2017 Final Rules determined prevent consumers from using them in general service lighting applications. lamps, three-way incandescent lamps, whether T-shape, B, BA, CA, F, G16–1/ and vibration service lamps when the 2, G25, G30, S, and M–14 lamps would See 82 FR 7276, 7310. Additionally, as described previously, some lamps with sales of these lamps meet specified remain exempt from the definition of thresholds.6 DOE is also required, in GSIL, and thus were evaluated in the these shapes are currently certified as being compliant with DOE’s standards consultation with the National Electrical context of the GSIL definition. 82 FR Manufacturers Association (‘‘NEMA’’), 7276, 7297. Candelabra base lamps were for GSILs. As stated, if a more efficient version with the same shape cannot be to collect sales data for these lamps and not included in this evaluation since the construct a model to predict future lamps do not have a medium screw base made for a technical reason, DOE did not include the lamp as a GSL in the sales. 42 U.S.C. 6295(l)(4)(B). DOE must as required under the GSIL definition. then track the actual sales data, and Instead, DOE determined in the January definition adopted by the January 2017 Final Rules and similarly does not when sales exceed sales projected by the 2017 Final Rules that candelabra base model by 100 percent, DOE must lamps should be covered as GSLs. See propose to include such a lamp in the definition of GSL in this proposal. initiate an energy conservation standard 82 FR 7276, 7310. In this NOPR, DOE rulemaking. 42 U.S.C. 6295(l)(4)(D), (E), appropriately addresses in section III.D With regard to T-shape lamps, DOE finds that T-shape lamps are capable of (F), (H). If DOE does not complete the of this document candelabra base lamps accelerated rulemaking in the specified in the context of the GSL definition. providing overall illumination and therefore can readily serve general time period, it must impose a backstop Regarding the light output of certain lighting applications. See 82 FR 7276, requirement for that lamp. 42 U.S.C. T-shape, B, BA, CA, F, G16–1/2, G25, 7294. With regard to B, BA, CA, F, G16– 6295(l)(4)(D)(ii), (E)(ii), (F)(ii), (H)(ii). G30, S, and M–14 lamps, DOE 1/2, G25, G30, S, and M–14 lamps, DOE In the January 2017 Final Rules, DOE tentatively concludes that the is considering whether to maintain the determined that the rulemaking September 2019 Withdrawal Rule exemption for these lamps as a group provisions at 42 U.S.C. 6295(l)(4) were inaccurately stated that these lamps due to its concern with lamp switching. not the only way in which DOE can provide a more limited range of light As stated in the January 2017 Final regulate these lamps. 82 FR 7276, 7296. output as compared with GSILs not Rules, DOE recognizes that the lamps DOE noted that the text of 42 U.S.C. subject to exemption. However, these listed here may each not be substituted 6295(i) and 42 U.S.C. 6295(l)(4) does not lamps were only considered to the for one another in existing fixtures, but state that the 42 U.S.C. 6295(l)(4) extent that they were in the lumen range present the potential for lamp switching process operates to the exclusion of of 310–2600 per the GSIL definition. As through the future use of different regulating these lamps as GSLs and that such, in order to be included in the fixtures. 82 FR 7276, 7295. As indicated the provisions under 42 U.S.C. exemption under the statutory by the high sales data of this category 6295(l)(4) could be complementary to definition of GSIL, and therefore presented in the January 2017 Final regulation of these lamps as GSLs. Id. considered for discontinuation of the Rules (82 FR 7276, 7291), DOE Based in part on the potential for these exemption in the January 2017 Final tentatively concludes these lamps to be lamp types to serve as replacements to Rules, the lamps must have a lumen very common and usable in general output of 310 lumens or greater, 6 lighting applications. For the reasons Lamps that otherwise would be GSILs but for consistent with GSILs not subject to the having a lumen range between 2,601–3,300 discussed in the preceding paragraphs exemption. As DOE concluded in the (referred to in 42 U.S.C. 6295(l)(4) as ‘‘2,601–3,300 lumen general service incandescent lamps’’) were January 2017 Final Rules, even with a 5 See the final determination regarding energy defined in the January 2017 Final Rules as GSLs but maximum wattage limitation, these conservation standards for GSILs published on not GSILs, and therefore are not addressed in this lamps are still capable of providing December 27, 2019. 84 FR 71626. section.

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regulated GSLs, DOE discontinued the EPCA requires DOE to ‘‘prescribe an lamp with subpar performance. Id. exemption for rough service lamps, energy efficiency standard for rough Furthermore, as provided in the January shatter-resistant lamps, three-way service lamps, vibration service lamps, 2017 Final Rules, for all three of these incandescent lamps and vibration three-way incandescent lamps, 2,601– lamp types, LED versions inherently service lamps in the January 2017 Final 3,300 lumen general service provide the consumer the desired Rules. Id. incandescent lamps, and shatter- functionality in the sense that LED In the September 2019 Withdrawal resistant lamps in accordance with this lamps do not have metal filaments and Rule, DOE determined that, since these paragraph.’’ 42 U.S.C. 6295(l)(4)(A). typically do not use glass outer bulbs. lamps are subject to standards in Prior to 2012, that provision instead Id. accordance with a specific regulatory required DOE to prescribe standards for For these reasons and the basis process under 42 U.S.C. 6295(l)(4), there such lamps ‘‘only in accordance with presented in the January 2017 Final is no need to undertake an additional this paragraph.’’ 42 U.S.C. 6295(l)(4)(A) Rules, DOE proposes to discontinue the process for determining whether to (2011) (emphasis added). In exemptions for these products. establish energy conservation standards amendments under the American D. Other GSLs for these lamp types as GSLs under 42 Energy Manufacturing Technical U.S.C. 6295(i)(6)(A)(i). 84 FR 46661, Corrections Act, Public Law 112–210, As discussed, the definition of 46666. DOE explained that doing so § 10(a)(8), 126 Stat. 1513, 1524 (2012) ‘‘general service lamp’’ includes specific would potentially subject these lamps (‘‘AEMTCA’’), Congress removed the categories of lamps, along with ‘‘any types to two separate standards and word ‘‘only,’’ signaling that DOE’s other lamps that the Secretary potentially create confusion among obligation to consider discontinuing determines are used to satisfy lighting regulated entities. Id. Moreover, DOE ‘‘the exemptions for certain applications traditionally served by general service incandescent lamps.’’ 42 noted that the regime for potential incandescent bulbs’’ under 42 U.S.C. U.S.C. 6291(30)(BB)(i). In the January regulation of these lamp types was 6295(i)(6)(A)(i)(II) also applies to the 2017 Final Rules, DOE previously added to the statute in the same five tracked lamps. determined that any other lamps that enactment that required DOE to With regard to rough service lamps, consider standards for GSLs, and in are intended to serve in general lighting vibration service lamps, three-way applications and have specific features both instances the criteria stated in the incandescent lamps, and shatter- would meet the statutory criterion of statute for consideration for standards resistant lamps, as presented in the lamps used to satisfy lighting includes consideration of sales of the January 2017 Final Rules, DOE applications traditionally served by subject lamps. Id. In the September 2019 tentatively concludes that such lamps GSILs. 82 FR 7276, 7300. Withdrawal Rule, DOE read the have the potential for use in general Although DOE had determined that inclusion of sales consideration in both lighting applications traditionally several types of lamps exempted from 42 U.S.C. 6295(i)(6)(A)(i) and 42 U.S.C. served by GSILs. DOE acknowledges the statutory definition of GSL are used 6295(l)(4) as an indication that Congress that higher wattage three-way to satisfy lighting applications intended the two rulemaking provisions incandescent lamps may not be able to traditionally served by general service to be exclusive of one another. Id. be used in all existing fixtures in which incandescent lamps and therefore In this NOPR, DOE is reconsidering lamps currently defined as GSILs are should be classified as GSLs (82 FR whether the separate regulatory process used (e.g., A19 shape lamps). However, 7276, 7300–7312), the September 2019 under 42 U.S.C. 6295(l)(4) precludes the ability to serve as a lighting Withdrawal Rule limited consideration these lamp types from becoming GSILs, application traditionally served by of such lamps to only candelabra base and subsequently GSLs. The September GSILs is not limited by existing fixtures. lamps. Then, with respect to candelabra 2019 Withdrawal Rule did not consider As discussed, the fixtures used to serve base lamps, the September 2019 that other lamps potentially subject to general lighting applications may Withdrawal Rule concluded that, as a standards as GSLs also have statutorily change over time, and therefore DOE pure matter of law, a candelabra base prescribed standards, namely, GSILs considers whether a lamp can provide lamp cannot be a GSIL because EPCA and medium base CFLs. See Section general illumination as a criterion for defines a GSIL, in part, as having a 321(a)(3) of the Energy Independence discontinuing an exemption. Regarding medium-screw base. 84 FR 46661, and Security Act of 2007 (Pub. L. 110– the shatter-resistant lamps, such lamps 46668–46669. The September 2019 7 140; ‘‘EISA’’); 42 U.S.C. 6295(bb). That are capable of providing overall Withdrawal Rule also suggested that lamps subject to statutory standards are illumination despite the lower lumen data submitted by NEMA in response to also expressly GSLs subject to GSL output resulting from the shatter- the NOPR to withdraw the January 2017 standards indicates that coverage under resistant coating. DOE has also found Final Rules indicated that shipments of more than one statutory scheme is not that a 60 W shatter-resistant lamp is still candelabra base incandescent lamps had precluded under the statute. a suitable replacement for a 40 W been in a continuous decline since 2011 Further, upon a review of how standard incandescent lamp. See 82 FR and there was no evidence of increasing Congress has amended EPCA, DOE has 7276, 7297. Shatter-resistant lamps are shipments. 84 FR 46661, 46669. Because tentatively concluded that standards for similar to rough service and vibration sales data is the one explicit factor these exempt lamp types are not to be service lamps. Whereas rough service Congress provided in determining developed only in accordance with 42 and vibration service lamps possess a whether exemptions for certain U.S.C. 6295(l)(4)(A). Section 325(l)(4) of filament strengthened with additional incandescent lamps should be supports, shatter-resistant lamps possess maintained or discontinued in 42 U.S.C. 7 Section 321 added statutorily prescribed standards for GSILs as section 325(i)(1)(A) of EPCA. a reinforced outer bulb to contain glass 6295(i)(6)(A)(i)(II), DOE gave this But because of an apparent conflict with Section pieces in the event that the bulb breaks. manufacturer data considerable weight 322(b) of EISA, which purported to strike section As stated in the January 2017 Final in the September 2019 Withdrawal 325(i)(1) in its entirety and replace it with a Rules, for all three lamp types, the Rule. 84 FR 46661, 46669. different text, this provision was never codified in the U.S. Code. DOE has issued regulations consumer may be under the impression The September 2019 Withdrawal Rule implementing this uncodified provision at 10 CFR that they are purchasing primarily a also stated that DOE was no longer 430.32(x). more durable product rather than a using ‘‘convenient unregulated

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alternatives’’ as a basis upon which to provided by A shape lamps in floor and serve in general lighting applications discontinue exemptions for specialty table fixtures is being provided in newer and that has the following basic lamp types. 84 FR 46661, 46668. DOE construction through reflector lamps in characteristics: (1) An ANSI base (with explained that this type of consideration recessed lighting. Id. DOE expects that the exclusion of light fixtures, LED was not explicitly provided in the markets will shift in response to GSL downlight retrofit kits, and exemptions statute and agreed with commenters that standards, and would expect some for specific base types); (2) a lumen such consideration went beyond the substitution of fixtures to occur as part output of greater than or equal to 310 authority granted DOE by Congress. 84 of substituting non-GSL lamps for GSLs. lumens and less than or equal to 3,300 FR 46661, 46668–46669. While NEMA has cited declining lumens; (3) an ability to operate at or Upon further review, the arguments shipments as a reason to not between 12 V, 24 V, 100 to 130 V, 220 presented in the September 2019 discontinue an exemption, declining to 240 V, or 277 V; and (4) no Withdrawal Rule incorrectly describe shipments do not correlate to a decline designation or label for use in non- the rationale for including candelabra in the demand for lighting in a general applications. base lamps as GSLs in the January 2017 particular application. NEMA has Regarding the fourth criteria, as in the Final Rules. The arguments address submitted data showing that GSIL January 2017 Final Rules, DOE proposes discontinuing an exemption from the shipments in 2018 were 17 percent of listing in the GSL definition each of the GSIL definition; however, in the January what they were in 2001. NEMA, No. 88 non-general applications identified or 2017 Final Rules, candelabra base lamps at p. 23.8 However, DOE does not lamps used in such applications in were determined to be GSLs under the believe that this translates to an 83 order to clearly define the scope of the provision of the GSL definition that percent decrease in demand for light in definition. Specifically, DOE proposes includes any other lamps that the general lighting applications. It is more that ‘‘general service lamp’’ does not Secretary determines are used to satisfy likely that consumers are switching to include: Appliance lamps; black light lighting applications traditionally other products that serve in the same lamps; bug lamps; colored lamps; G served by general service incandescent application. NEMA stated that it expects shape lamps with a diameter of 5 inches lamps. 82 FR 7276, 7312; See also 42 71 percent of GSL sockets to be or more as defined in ANSI C79.1–2002; U.S.C. 6291(30)(BB)(i)(IV). Candelabra occupied by LED lamps and 19 percent general service fluorescent lamps; high base lamps are not covered under the to be occupied by CFLs by the end of intensity discharge lamps; infrared definition of GSILs because they do not 2021, increasing to 87 percent and 7 lamps; J, JC, JCD, JCS, JCV, JCX, JD, JS, have a medium screw base (See 42 percent respectively by the end of 2023. and JT shape lamps that do not have U.S.C. 6291(30)(D)(i)(II)), but the NEMA, No. 88 at p. 4.9 As lamps Edison screw bases; lamps that have a January 2017 Final Rules did not continue to be purchased in general wedge base or prefocus base; left-hand consider candelabra base lamps to be lighting applications, the demand for thread lamps; marine lamps; marine GSILs. Instead, such lamps were light remains; thus, declining signal service lamps; mine service covered as GSLs. 82 FR 7276, 7312. incandescent lamp shipments is not, on lamps; MR shape lamps that have a first DOE has preliminarily reverted to its its own, an indication that the lamp is number symbol equal to 16 (diameter position from the January 2017 Final a specialty product or serves in a equal to 2 inches) as defined in ANSI Rules that relevant criteria for specialty application. C79.1–2002, operate at 12 volts, and discontinuing an exemption for an DOE has reviewed the definition of have a lumen output greater than or incandescent lamp are whether the equal to 800; other fluorescent lamps; GSL as set forth in the January 2017 exemption encompasses lamps that can plant light lamps; R20 short lamps; Final Rules and has preliminarily provide general illumination and reflector lamps that have a first number determined that the definition is whether the exempt lamps can symbol less than 16 (diameter less than consistent with the best reading of functionally be ready substitutes for 2 inches) as defined in ANSI C79.1– EPCA because it implements the lamps already covered as GSLs. 82 FR 2002, and that do not have E26/E24, objectives of the statute. DOE has 7276, 7288. It may be appropriate to E26d, E26/50x39, E26/53x39, E29/28, considered all aspects of the GSL discontinue an exemption even though E29/53x39, E39, E39d, EP39, or EX39 definition and has preliminarily current sales are relatively low, if bases; S shape or G shape lamps that identified the criteria pertinent to lamps technical characteristics of the have a first number symbol less than or exempted lamps make them likely to that serve in general lighting equal to 12.5 (diameter less than or serve as ready substitutes for GSLs once applications and also preliminarily equal to 1.5625 inches) as defined in GSL standards are in place. Further, for identified specialty products that ANSI C79.1–2002; sign service lamps; a lamp to satisfy a lighting application should be exempt from the definition of silver bowl lamps; showcase lamps; traditionally served by general service GSL. Based on the discussion presented specialty MR lamps; T-shape lamps that incandescent lamps, the lamp does not in this NOPR and that presented in the have a first number symbol less than or have to fit into an existing fixture served January 2017 Final Rules, DOE proposes equal to 8 (diameter less than or equal by a lamp currently defined as a GSL. a definition of GSL as set forth in the to 1 inch) as defined in ANSI C79.1– As discussed, DOE has evaluated January 2017 Final Rules, which 2002, nominal overall length less than whether a lamp is capable of providing included candelabra base lamps and 12 inches, and that are not compact overall illumination. In the January other lamps as GSLs based on the use fluorescent lamps; and traffic signal 2017 Final Rules, DOE did not limit its of such lamps to satisfy lighting lamps. As discussed in the following consideration of an application applications traditionally served by section, the proposed definition of GSL traditionally served by GSIL to the GSILs. does not maintain the existing ability to replace a lamp in a fixture DOE is proposing to define ‘‘general exemption for IRLs. currently used by a consumer that had service lamp’’ as a lamp intended to been using a traditional incandescent E. Incandescent Reflector Lamps lamp. 82 FR 7276, 7293. DOE noted in 8 This comment was submitted in response to In the January 2017 Final Rules, DOE DOE’s proposal in September 2019 to not amend the January 2017 Final Rules, and standards for GSILs. See docket number EERE– found that IRLs are widely used for reaffirms in this proposal, that lighting 2019–BT–STD–0022. general illumination just as GSILs are. in homes that traditionally was 9 Id. 82 FR 7322, 7325. DOE continued that,

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if EPCA mandated that IRLs continue the statute, once from the GSIL In this NOPR, DOE is proposing being exempt from the definition of definition in 42 U.S.C. supporting definitions for those terms as GSL, then they would present a 6291(30)(D)(ii)(XI) and once from the set forth in the January 2017 Final convenient alternative product, subject GSL definition in 42 U.S.C. Rules. DOE notes that the terms for to much less stringent standards than 6291(30)(BB)(ii)(II), that means Congress which definitions are proposed are used GSLs. Id. DOE further found that the did not want the Secretary to include both in the statutory definitions of GSL statute did not unambiguously indicate IRLs within the definition of GSL. 84 FR and GSIL, and the proposed regulatory that DOE must maintain the IRL 46661, 46666. However, the definitions for GSL and GSIL. As exemption. Id. DOE acknowledged that authorization in EPCA for the Secretary presented in the January 2017 Final the statute exempts IRLs from the to evaluate whether an exemption is to Rules, DOE has based the proposed definition of GSL and separately be continued does not limit such an definitions for these supplementary exempts ‘‘reflector lamps’’ from the evaluation to those lamps exempted by terms on a review of the market and definition of GSL because reflector definition only once. Therefore, in this input from stakeholders. 82 FR 7276, lamps are a bulb shape excluded from NOPR, DOE is reviewing its position in 7312–7316. As the supporting the GSIL definition. Id. See also 42 the September 2019 Withdrawal Rule definitions define statutory terms, DOE U.S.C. 6291(30)(BB)(ii)(II); 42 U.S.C. that EPCA precludes consideration of initially finds these definitions 6291(30)(D)(ii)(XI). However, DOE the exemption for IRLs simply because necessary even in the absence of found the reference to ‘‘reflector lamps’’ they were exempted twice. 42 U.S.C. amended GSL and GSIL definitions. in the GSIL list of exempted lamps to be 6295(i)(6)(A)(i)(II) authorizes DOE to of a narrower scope than IRLs. 82 FR decide not to maintain IRLs as exempt G. Proposed Effective Date 7322, 7325–7326. and, as such, DOE proposes to amend For the proposed changes to amend Based on its reading of EPCA and the the definitions of GSIL and GSL to the definition of GSL and GSIL in this listing of ‘‘reflector lamp’’ as a lamp discontinue the exemptions for these NOPR, DOE is proposing a 60-day exempted from the definition of GSIL products. As also presented in the effective date. If finalized, lamps (42 U.S.C. 6291(30)(D)(ii)(XI)) and the January 2017 Final Rules, DOE proposes included in these amended definitions exemption of ‘‘incandescent reflector to exempt from the definition of GSL would be subject to any applicable lamps’’ from the definition of GSL (42 reflector lamps that have a first number standards for GSLs and GSILs. While U.S.C. 6291(30)(BB)(ii)(II)), DOE symbol less than 16 (diameter less than this notice does not propose any new or understands that it had two tasks 2 inches) as defined in ANSI C79.1– amended standards or address the regarding exemptions relevant for these 2002 and that do not have E26/24, E26d, applicability of the 45 lm/W backstop lamps: With respect to ‘‘reflector E26/50x39, E26/53x39, E29/28, E29/ requirement, DOE is reconsidering its lamps,’’ DOE’s task is to assess whether 53x39, E39, E39d, EP39, or EX39 bases previous conclusion regarding the as one of the relatively narrow twenty- because they do not and likely cannot applicability of EPCA’s 45 lm/W two listed lamp types—the scope of have equivalent replacements using backstop provision and has issued an which the statute does not make clear— more efficient technology. 82 FR 7276, RFI to that effect. 86 FR 28001 (May 25, these lamps have uses in general 7310. This is consistent with the 2021). In that rulemaking, DOE will illumination, and whether sales data definitions adopted in the January 2017 address application of standards for and other evidence indicate that such Final Rules. those lamps proposed in this NOPR to lamps are ready substitutes for lamps F. Supplemental Definitions be GSLs or GSILs—including, if that are already included as GSLs; and determined to be applicable, the In the January 2017 Final Rules, DOE for IRLs, DOE was required to analyze implementation of the 45 lm/W set forth a series of definitions in whether, in light of sales data and other backstop requirement—and, support of the statutory use of the terms evidence, such lamps are an important consequently, the dates of required and the amended definitions for GSL enough substitute for lamps already compliance for GSLs and GSILs. and GSIL. Specifically, DOE set forth included as GSLs to warrant DOE requests comment on the definitions for ‘‘Black light lamp,’’ ‘‘Bug discontinuing their exemption. 82 FR effective date for the definitions lamp,’’ ‘‘Colored lamp,’’ ‘‘General 7322, 7326. DOE determined in both proposed in this NOPR were such service light-emitting diode (LED) instances that the discontinuation of the definitions to be made final. exemption was warranted. 82 FR 7276, lamp,’’ ‘‘General service organic 7293; 82 FR 7322, 7329–7330. lighting-emitting diode (OLED) lamp,’’ IV. Procedural Issues and Regulatory In the September 2019 Withdrawal ‘‘Infrared lamp,’’ ‘‘Integrated lamp,’’ Review Rule, DOE stated that, upon additional ‘‘LED Downlight Retrofit Kit,’’ review, DOE understands Congress’s ‘‘Lefthand thread lamp,’’ ‘‘Light A. Review Under Executive Orders express statements in two distinct fixture,’’ ‘‘Marine lamp,’’ ‘‘Marine signal 12866 provisions that IRLs are not GSLs service lamp,’’ ‘‘Mine service lamp,’’ The Office of Information and should be interpreted as meaning that ‘‘Nonintegrated lamp,’’ ‘‘Other Regulatory Affairs (‘‘OIRA’’) in the Congress intended that DOE not fluorescent lamp,’’ ‘‘Pin base lamp,’’ Office of Management and Budget consider IRLs to be GSLs. 84 FR 46661, ‘‘Plant light lamp,’’ ‘‘Reflector lamp,’’ (‘‘OMB’’) waived Executive Order 12866 46667. DOE noted that it continues to ‘‘Showcase Lamp,’’ ‘‘Sign service lamp,’’ (‘‘E.O.’’) 12866, ‘‘Regulatory Planning have the authority to establish energy ‘‘Silver bowl lamp,’’ ‘‘Specialty MR and Review’’ review of this rule. conservation standards applicable to lamp,’’ and ‘‘Traffic signal lamp.’’ DOE B. Review Under the Regulatory IRLs under separate requirements set by also revised the definition of ‘‘designed Flexibility Act Congress in 42 U.S.C. 6295(i)(3). Id. and marketed.’’ 82 FR 7276, 7321–7322. Upon further review, DOE is In the September 2019 Withdrawal The Regulatory Flexibility Act (5 reconsidering whether DOE has the Rule, DOE withdrew the supporting U.S.C. 601 et seq., as amended by the authority to include IRLs as GSILs and/ definitions finding them no longer Small Business Regulatory Enforcement or GSLs. The September 2019 necessary given the withdrawal of the Fairness Act of 1996) requires Withdrawal Rule concluded that amended definitions of GSL and GSIL. preparation of an initial regulatory because IRLs were twice excluded from 84 FR 46661, 46662. flexibility analysis (‘‘IRFA’’) for any rule

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that by law must be proposed for public procedures. DOE has established to have an accountable process to comment, unless the agency certifies regulations for the certification and ensure meaningful and timely input by that the rule, if promulgated, will not recordkeeping requirements for all State and local officials in the have a significant economic impact on covered consumer products and development of regulatory policies that a substantial number of small entities. A commercial equipment. 76 FR 12422 have Federalism implications. On regulatory flexibility analysis examines (Mar. 7, 2011); 80 FR 5099 (Jan. 30, March 14, 2000, DOE published a the impact of the rule on small entities 2015). The collection-of-information statement of policy describing the and considers alternative ways of requirement for the certification and intergovernmental consultation process reducing negative effects. Also, as recordkeeping is subject to review and it will follow in the development of required by E.O. 13272, ‘‘Proper approval by OMB under the Paperwork such regulations. 65 FR 13735. DOE has Consideration of Small Entities in Reduction Act (‘‘PRA’’). This examined this proposed rule and has Agency Rulemaking,’’ 67 FR 53461 requirement has been approved by OMB tentatively determined that it would not (Aug. 16, 2002), DOE published under OMB control number 1910–1400. have a substantial direct effect on the procedures and policies on February 19, Public reporting burden for the States, on the relationship between the 2003, to ensure that the potential certification is estimated to average 35 national government and the States, or impacts of its rules on small entities are hours per response, including the time on the distribution of power and properly considered during the for reviewing instructions, searching responsibilities among the various rulemaking process. 68 FR 7990. DOE existing data sources, gathering and levels of government. EPCA governs and has made its procedures and policies maintaining the data needed, and prescribes Federal preemption of State available on the Office of the General completing and reviewing the collection regulations as to energy conservation for Counsel’s website (https://energy.gov/ of information. the products that are the subject of this gc/office-general-counsel). Notwithstanding any other provision proposed rule. States can petition DOE DOE reviewed the definitions of GSL, of the law, no person is required to for exemption from such preemption to GSILs, and related terms proposed in respond to, nor shall any person be the extent, and based on criteria, set this NOPR under the provisions of the subject to a penalty for failure to comply forth in EPCA. 42 U.S.C. 6297. Regulatory Flexibility Act and the with, a collection of information subject Therefore, no further action is required procedures and policies published on to the requirements of the PRA, unless by Executive Order 13132. February 19, 2003. DOE certifies that that collection of information displays a this proposed rule would not have a currently valid OMB Control Number. F. Review Under Executive Order 12988 significant economic impact on a With respect to the review of existing D. Review Under the National substantial number of small entities. regulations and the promulgation of Environmental Policy Act of 1969 DOE notes that this proposed rule new regulations, Section 3(a) of E.O. would merely define what constitutes a DOE is analyzing this proposed 12988, ‘‘Civil Justice Reform,’’ imposes GSL and GSIL. Manufacturers of GSLs regulation in accordance with the on Federal agencies the general duty to and GSILs are required to use DOE’s test National Environmental Policy Act adhere to the following requirements: procedures to make representations and (‘‘NEPA’’) and DOE’s NEPA (1) Eliminate drafting errors and certify compliance with standards, if implementing regulations (10 CFR part ambiguity, (2) write regulations to required. The test procedure 1021). DOE’s regulations include a minimize litigation, (3) provide a clear rulemakings for CFLs, integrated LED categorical exclusion for rulemakings legal standard for affected conduct lamps, and other GSLs addressed interpreting or amending an existing rather than a general standard, and (4) impacts on small businesses due to test rule or regulation that does not change promote simplification and burden procedure requirements. 81 FR 59386 the environmental effect of the rule or reduction. 61 FR 4729 (Feb. 7, 1996). (Aug. 29, 2016); 81 FR 43404 (July 1, regulation being amended. 10 CFR part Regarding that Section 3(a) review, 2016); 81 FR 72493 (Oct. 20, 2016). 1021, subpart D, appendix A5. DOE section 3(b) of E.O. 12988 specifically Further, as noted, DOE is considering anticipates that this proposed requires that Executive agencies make EPCA’s 45 lm/W backstop requirement rulemaking qualifies for categorical every reasonable effort to ensure that the for GSLs and has issued an RFI to that exclusion A5 because it is an regulation: (1) Clearly specifies the effect. 86 FR 28001. In that rulemaking, interpretive rulemaking that does not preemptive effect, if any, (2) clearly DOE plans to address the impact on change the environmental effect of the specifies any effect on existing Federal small business manufacturers of GSLs rule and otherwise meets the law or regulation, (3) provides a clear and GSILs of implementing the requirements for application of a legal standard for affected conduct backstop. categorical exclusion. See 10 CFR while promoting simplification and For this reason, DOE concludes and 1021.410. DOE will complete its NEPA burden reduction, (4) specifies the certifies that the proposed definitions review before issuing the final rule. retroactive effect, if any, (5) adequately would not have a significant economic defines key terms, and (6) addresses E. Review Under Executive Order 13132 impact on a substantial number of small other important issues affecting clarity entities, and the preparation of an IRFA E.O. 13132, ‘‘Federalism,’’ 64 FR and general draftsmanship under any is not warranted. 43255 (Aug. 10, 1999), imposes certain guidelines issued by the Attorney requirements on Federal agencies General. Section 3(c) of Executive Order C. Review Under the Paperwork formulating and implementing policies 12988 requires Executive agencies to Reduction Act or regulations that preempt State law or review regulations in light of applicable Manufacturers of GSLs must certify to that have Federalism implications. The standards in Section 3(a) and Section DOE that their products comply with Executive Order requires agencies to 3(b) to determine whether they are met any applicable energy conservation examine the constitutional and statutory or it is unreasonable to meet one or standards. In certifying compliance, authority supporting any action that more of them. DOE has completed the manufacturers must test their products would limit the policymaking discretion required review and determined that, to according to the DOE test procedures for of the States and to carefully assess the the extent permitted by law, this GSLs and GSILs, including any necessity for such actions. The proposed rule meets the relevant amendments adopted for those test Executive Order also requires agencies standards of E.O. 12988.

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G. Review Under the Unfunded DOE has determined that this proposed energy. Accordingly, DOE has not Mandates Reform Act of 1995 rule would not result in any takings that prepared a Statement of Energy Effects Title II of the Unfunded Mandates might require compensation under the on this proposed rule. Reform Act of 1995 (‘‘UMRA’’) requires Fifth Amendment to the U.S. Constitution. L. Review Under Section 32 of the each Federal agency to assess the effects Federal Energy Administration Act of of Federal regulatory actions on State, J. Review Under the Treasury and 1974 local, and Tribal governments and the General Government Appropriations private sector. Public Law 104–4, Act, 2001 Under Section 301 of the Department section 201 (codified at 2 U.S.C. 1531). Section 515 of the Treasury and of Energy Organization Act (Pub. L. 95– For a proposed regulatory action likely General Government Appropriations 91; 42 U.S.C. 7101), DOE must comply to result in a rule that may cause the Act, 2001 (44 U.S.C. 3516 note) provides with section 32 of the Federal Energy expenditure by State, local, and Tribal for Federal agencies to review most Administration Act of 1974, as amended governments, in the aggregate, or by the disseminations of information to the by the Federal Energy Administration private sector of $100 million or more public under information quality Authorization Act of 1977. 15 U.S.C. in any one year (adjusted annually for guidelines established by each agency 788 (‘‘FEAA’’). Section 32 essentially inflation), section 202 of UMRA requires pursuant to general guidelines issued by provides in relevant part that, where a a Federal agency to publish a written OMB. OMB’s guidelines were published proposed rule authorizes or requires use statement that estimates the resulting at 67 FR 8452 (Feb. 22, 2002), and of commercial standards, the notice of costs, benefits, and other effects on the DOE’s guidelines were published at 67 proposed rulemaking must inform the national economy. 2 U.S.C. 1532(a), (b). FR 62446 (Oct. 7, 2002). Pursuant to public of the use and background of The UMRA also requires a Federal OMB Memorandum M–19–15, such standards. In addition, Section agency to develop an effective process Improving Implementation of the 32(c) requires DOE to consult with the to permit timely input by elected Information Quality Act (April 24, Attorney General and the Chairman of officers of State, local, and Tribal 2019), DOE published updated the Federal Trade Commission (‘‘FTC’’) governments on a proposed ‘‘significant guidelines which are available at concerning the impact of the intergovernmental mandate,’’ and www.energy.gov/sites/prod/files/2019/ commercial or industry standards on requires an agency plan for giving notice 12/f70/DOE%20Final competition. This proposal to amend and opportunity for timely input to %20Updated%20IQA%20 the definitions of GSL and GSIL does potentially affected small governments Guidelines%20Dec%202019.pdf. DOE not propose the use of any commercial before establishing any requirements has reviewed this NOPR under the OMB standards. that might significantly or uniquely and DOE guidelines and has concluded affect them. On March 18, 1997, DOE that it is consistent with applicable M. Materials Incorporated by Reference published a statement of policy on its policies in those guidelines. The proposed modifications to the process for intergovernmental definition of ‘‘general service lamp’’ and consultation under UMRA. 62 FR K. Review Under Executive Order 13211 the associated supporting definitions 12820. DOE’s policy statement is also E.O. 13211, ‘‘Actions Concerning reference the following commercial available at https://energy.gov/sites/ Regulations That Significantly Affect standards that are already incorporated prod/files/gcprod/documents/umra_ Energy Supply, Distribution, or Use,’’ 66 by reference in 10 CFR 430.2: 97.pdf. FR 28355 (May 22, 2001), requires This proposed rulemaking does not Federal agencies to prepare and submit (1) ANSI C78.20–2003, Revision of contain a Federal intergovernmental to OIRA at OMB, a Statement of Energy ANSI C78.20–1995 (‘‘ANSI C78.20’’), mandate, nor is it expected to require Effects for any proposed significant American National Standard for electric expenditures of $100 million or more in energy action. A ‘‘significant energy lamps—A, G, PS, and Similar Shapes any one year by the private sector. As action’’ is defined as any action by an with E26 Medium Screw Bases, a result, the analytical requirements of agency that promulgates or is expected approved October 30, 2003. UMRA do not apply. to lead to promulgation of a final rule, (2) ANSI C79.1–2002, American and that (1) is a significant regulatory H. Review Under the Treasury and National Standard for Electric Lamps— action under Executive Order 12866, or Nomenclature for Glass Bulbs Intended General Government Appropriations any successor order; and (2) is likely to Act, 1999 for Use with Electric Lamps, approved have a significant adverse effect on the September 16, 2002. Section 654 of the Treasury and supply, distribution, or use of energy, or General Government Appropriations (3) is designated by the Administrator of (3) CIE 13.3–1995 (‘‘CIE 13.3’’), Act, 1999 (Pub. L. 105–277) requires OIRA as a significant energy action. For Technical Report: Method of Measuring Federal agencies to issue a Family any proposed significant energy action, and Specifying Colour Rendering Policymaking Assessment for any rule the agency must give a detailed Properties of Light Sources, 1995, ISBN that may affect family well-being. This statement of any adverse effects on 3 900 734 57 7. proposed rulemaking would not have energy supply, distribution, or use DOE has evaluated these standards any impact on the autonomy or integrity should the proposal be implemented, and is unable to conclude whether they of the family as an institution. and of reasonable alternatives to the fully comply with the requirements of Accordingly, DOE has concluded that it action and their expected benefits on Section 32(b) of the FEAA (i.e., that they is not necessary to prepare a Family energy supply, distribution, and use. were developed in a manner that fully Policymaking Assessment. DOE has tentatively concluded that provides for public participation, this regulatory action, which proposes comment, and review). DOE will I. Review Under Executive Order 12630 amended definitions for GSL and GSIL, consult with both the Attorney General Pursuant to E.O. 12630, ‘‘Govern- is not a significant energy action and the Chairman of the FTC mental Actions and Interference with because the proposed definitions are not concerning the impact of these test Constitutionally Protected Property likely to have a significant adverse effect procedures on competition, prior to Rights,’’ 53 FR 8859 (Mar. 15, 1988), on the supply, distribution, or use of adopting a final rule.

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V. Public Participation general statements by participants, and documents attached to your comment. encourage all interested parties to share Any information that you do not want A. Attendance at the Webinar their views on issues affecting this to be publicly viewable should not be The time and date of the webinar rulemaking. Each participant will be included in your comment, nor in any meeting are listed in the DATES section allowed to make a general statement document attached to your comment. at the beginning of this document. (within time limits determined by DOE), Otherwise, persons viewing comments Webinar registration information, before the discussion of specific topics. will see only first and last names, participant instructions, and DOE will permit, as time permits, other organization names, correspondence information about the capabilities participants to comment briefly on any containing comments, and any available to webinar participants will be general statements. documents submitted with the published on DOE’s website: https:// At the end of all prepared statements comments. www1.eere.energy.gov/buildings/ on a topic, DOE will permit participants Do not submit to www.regulations.gov appliance_standards/standards.aspx? to clarify their statements briefly. information for which disclosure is productid=4 Participants are Participants should be prepared to restricted by statute, such as trade responsible for ensuring their systems answer questions by DOE and by other secrets and commercial or financial are compatible with the webinar participants concerning these issues. information (hereinafter referred to as software. DOE representatives may also ask Confidential Business Information B. Procedure for Submitting Prepared questions of participants concerning (‘‘CBI’’)). Comments submitted through General Statements for Distribution other matters relevant to this www.regulations.gov cannot be claimed rulemaking. The official conducting the as CBI. Comments received through the Any person who has an interest in the webinar/public meeting will accept website will waive any CBI claims for topics addressed in this notice, or who additional comments or questions from the information submitted. For is a representative of a group or class of those attending, as time permits. The information on submitting CBI, see the persons that has an interest in these presiding official will announce any Confidential Business Information issues, may request an opportunity to further procedural rules or modification section. make an oral presentation at the of the above procedures that may be DOE processes submissions made webinar. Such persons may submit to needed for the proper conduct of the through www.regulations.gov before ApplianceStandardsQuestions@ webinar/public meeting. posting. Normally, comments will be ee.doe.gov. Persons who wish to speak A transcript of the webinar/public posted within a few days of being should include with their request a meeting will be included in the docket, submitted. However, if large volumes of computer file in WordPerfect, Microsoft which can be viewed as described in the comments are being processed Word, PDF, or text (ASCII) file format Docket section at the beginning of this simultaneously, your comment may not that briefly describes the nature of their proposed rulemaking. In addition, any be viewable for up to several weeks. interest in this rulemaking and the person may buy a copy of the transcript Please keep the comment tracking topics they wish to discuss. Such from the transcribing reporter. number that www.regulations.gov persons should also provide a daytime provides after you have successfully D. Submission of Comments telephone number where they can be uploaded your comment. reached. DOE will accept comments, data, and Submitting comments via email. information regarding this proposed Comments and documents submitted C. Conduct of the Webinar rule before or after the public meeting, via email also will be posted to DOE will designate a DOE official to but no later than the date provided in www.regulations.gov. If you do not want preside at the webinar/public meeting the DATES section at the beginning of your personal contact information to be and may also use a professional this proposed rule. Interested parties publicly viewable, do not include it in facilitator to aid discussion. The may submit comments, data, and other your comment or any accompanying meeting will not be a judicial or information using any of the methods documents. Instead, provide your evidentiary-type public hearing, but described in the ADDRESSES section at contact information in a cover letter. DOE will conduct it in accordance with the beginning of this document. Include your first and last names, email section 336 of EPCA (42 U.S.C. 6306). A Submitting comments via address, telephone number, and court reporter will be present to record www.regulations.gov. The optional mailing address. The cover the proceedings and prepare a www.regulations.gov web page will letter will not be publicly viewable as transcript. DOE reserves the right to require you to provide your name and long as it does not include any schedule the order of presentations and contact information. Your contact comments. to establish the procedures governing information will be viewable to DOE Include contact information each time the conduct of the webinar/public Building Technologies staff only. Your you submit comments, data, documents, meeting. There shall not be discussion contact information will not be publicly and other information to DOE. No of proprietary information, costs or viewable except for your first and last telefacsimiles (‘‘faxes’’) will be prices, market share, or other names, organization name (if any), and accepted. commercial matters regulated by U.S. submitter representative name (if any). Comments, data, and other antitrust laws. After the webinar/public If your comment is not processed information submitted to DOE meeting and until the end of the properly because of technical electronically should be provided in comment period, interested parties may difficulties, DOE will use this PDF (preferred), Microsoft Word or submit further comments on the information to contact you. If DOE Excel, WordPerfect, or text (ASCII) file proceedings and any aspect of the cannot read your comment due to format. Provide documents that are not rulemaking. technical difficulties and cannot contact secured, that are written in English, and The webinar/public meeting will be you for clarification, DOE may not be that are free of any defects or viruses. conducted in an informal, conference able to consider your comment. Documents should not contain special style. DOE will present summaries of However, your contact information characters or any form of encryption comments received before the webinar/ will be publicly viewable if you include and, if possible, they should carry the public meeting, allow time for prepared it in the comment itself or in any electronic signature of the author.

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Campaign form letters. Please submit Signed in Washington, DC, on August 10, maintained throughout all modes of campaign form letters by the originating 2021. operation): organization in batches of between 50 to Treena V. Garrett, (1) A CRI less than 40, as determined 500 form letters per PDF or as one form Federal Register Liaison Officer, U.S. according to the method set forth in CIE letter with a list of supporters’ names Department of Energy. Publication 13.3 (incorporated by compiled into one or more PDFs. This For the reasons set forth in the reference; see § 430.3); or reduces comment processing and preamble, DOE proposes to amend part (2) A CCT less than 2,500 K or greater posting time. 430 of chapter II, subchapter D, of title than 7,000 K. Confidential Business Information. 10 of the Code of Federal Regulations, * * * * * Pursuant to 10 CFR 1004.11, any person as set forth below: Designed and marketed means submitting information that he or she exclusively designed to fulfill the believes to be confidential and exempt PART 430—ENERGY CONSERVATION indicated application and, when by law from public disclosure should PROGRAM FOR CONSUMER distributed in commerce, designated submit via email two well-marked PRODUCTS and marketed solely for that application, copies: one copy of the document with the designation prominently marked ‘‘confidential’’ including all the ■ 1. The authority citation for part 430 displayed on the packaging and all information believed to be confidential, continues to read as follows: publicly available documents (e.g., and one copy of the document marked Authority: 42 U.S.C. 6291–6309; 28 U.S.C. product literature, catalogs, and ‘‘non-confidential’’ with the information 2461 note. packaging labels). This definition believed to be confidential deleted. DOE applies to the following covered lighting will make its own determination about ■ 2. Section 430.2 is amended by: ■ products: Fluorescent lamp ballasts; the confidential status of the a. Adding in alphabetical order the fluorescent lamps; general service information and treat it according to its definitions of ‘‘Black light lamp,’’ ‘‘Bug fluorescent lamps; general service determination. lamp,’’ ‘‘Colored lamp,’’ ‘‘General incandescent lamps; general service It is DOE’s policy that all comments service light-emitting diode (LED) lamps; incandescent lamps; may be included in the public docket, lamp,’’ ‘‘General service organic incandescent reflector lamps; compact without change and as received, lighting-emitting diode (OLED) lamp,’’ fluorescent lamps (including medium including any personal information ‘‘Infrared lamp,’’ ‘‘Integrated lamp,’’ base compact fluorescent lamps); LED provided in the comments (except ‘‘LED Downlight Retrofit Kit,’’ ‘‘Left- lamps; and specialty application information deemed to be exempt from hand thread lamp,’’ ‘‘Light fixture,’’ mercury vapor lamp ballasts. public disclosure). ‘‘Marine lamp,’’ ‘‘Marine signal service lamp,’’ ‘‘Mine service lamp,’’ ‘‘Non- * * * * * VI. Approval of the Office of the integrated lamp,’’ ‘‘Other fluorescent General service incandescent lamp Secretary lamp,’’ ‘‘Pin base lamp,’’ ‘‘Plant light means a standard incandescent or The Secretary of Energy has approved lamp,’’ ‘‘Reflector lamp,’’ ‘‘Showcase halogen type lamp that is intended for publication of this notice of proposed Lamp,’’ ‘‘Sign service lamp,’’ ‘‘Silver general service applications; has a rulemaking. bowl lamp,’’ ‘‘Specialty MR lamp,’’ and medium screw base; has a lumen range of not less than 310 lumens and not List of Subjects in 10 CFR Part 430 ‘‘Traffic signal lamp;’’ and ■ b. Revising the definitions of more than 2,600 lumens or, in the case Administrative practice and ‘‘Designed and marketed,’’ ‘‘General of a modified spectrum lamp, not less procedure, Confidential business service incandescent lamp,’’ and than 232 lumens and not more than information, Energy conservation, ‘‘General service lamp.’’ 1,950 lumens; and is capable of being Household appliances, Imports, operated at a voltage range at least The additions and revisions read as Incorporation by reference, partially within 110 and 130 volts; follows: Intergovernmental relations, Small however, this definition does not apply businesses. § 430.2 Definitions. to the following incandescent lamps— (1) An appliance lamp; Signing Authority * * * * * Black light lamp means a lamp that is (2) A black light lamp; This document of the Department of designed and marketed as a black light (3) A bug lamp; Energy was signed on August 9, 2021, lamp and is an ultraviolet lamp with the (4) A colored lamp; by Kelly Speakes-Backman, Principal highest radiant power peaks in the UV– (5) A G shape lamp with a diameter Deputy Assistant Secretary and Acting A band (315 to 400 nm) of the of 5 inches or more as defined in ANSI Assistant Secretary for Energy Efficiency electromagnetic spectrum. C79.1–2002 (incorporated by reference; and Renewable Energy, pursuant to see § 430.3); delegated authority from the Secretary * * * * * (6) An infrared lamp; of Energy. That document with the Bug lamp means a lamp that is (7) A left-hand thread lamp; original signature and date is designed and marketed as a bug lamp, (8) A marine lamp; maintained by DOE. For administrative has radiant power peaks above 550 nm (9) A marine signal service lamp; purposes only, and in compliance with on the electromagnetic spectrum, and (10) A mine service lamp; requirements of the Office of the Federal has a visible yellow coating. (11) A plant light lamp; Register, the undersigned DOE Federal * * * * * (12) An R20 short lamp; Register Liaison Officer has been Colored lamp means a colored (13) A sign service lamp; authorized to sign and submit the fluorescent lamp, a colored (14) A silver bowl lamp; document in electronic format for incandescent lamp, or a lamp designed (15) A showcase lamp; and publication, as an official document of and marketed as a colored lamp with (16) A traffic signal lamp. the Department of Energy. This either of the following characteristics (if General service lamp means a lamp administrative process in no way alters multiple modes of operation are that has an ANSI base; is able to operate the legal effect of this document upon possible [such as variable CCT], either at a voltage of 12 volts or 24 volts, at or publication in the Federal Register. of the below characteristics must be between 100 to 130 volts, at or between

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220 to 240 volts, or of 277 volts for (diameter less than or equal to 1 inch) and can operate at or between 12 volts integrated lamps (as defined in this as defined in ANSI C79.1–2002 and 13.5 volts. section), or is able to operate at any (incorporated by reference; see § 430.3), Marine signal service lamp means a voltage for non-integrated lamps (as nominal overall length less than 12 lamp that is designed and marketed for defined in this section); has an initial inches, and that are not compact marine signal service applications. lumen output of greater than or equal to fluorescent lamps (as defined in this * * * * * 310 lumens (or 232 lumens for modified section); Mine service lamp means a lamp that spectrum general service incandescent (26) Traffic signal lamps. is designed and marketed for mine lamps) and less than or equal to 3,300 General service light-emitting diode service applications. lumens; is not a light fixture; is not an (LED) lamp means an integrated or * * * * * LED downlight retrofit kit; and is used nonintegrated LED lamp designed for Non-integrated lamp means a lamp in general lighting applications. General use in general lighting applications (as that is not an integrated lamp. service lamps include, but are not defined in this section) and that uses * * * * * limited to, general service incandescent light emitting diodes as the primary Other fluorescent lamp means low lamps, compact fluorescent lamps, source of light. pressure mercury electric-discharge general service light-emitting diode General service organic light-emitting sources in which a fluorescing coating lamps, and general service organic light diode (OLED) lamp means an integrated transforms some of the ultraviolet emitting diode lamps. General service or non-integrated OLED lamp designed energy generated by the mercury lamps do not include: for use in general lighting applications discharge into light and include circline (1) Appliance lamps; (as defined in this section) and that uses lamps and include double-ended lamps (2) Black light lamps; organic light-emitting diodes as the with the following characteristics: (3) Bug lamps; primary source of light. Lengths from one to eight feet; designed (4) Colored lamps; * * * * * for cold temperature applications; (5) G shape lamps with a diameter of Infrared lamp means a lamp that is designed for use in reprographic 5 inches or more as defined in ANSI designed and marketed as an infrared equipment; designed to produce C79.1–2002 (incorporated by reference; lamp; has its highest radiant power radiation in the ultraviolet region of the see § 430.3); peaks in the infrared region of the spectrum; impact-resistant; reflectorized (6) General service fluorescent lamps; electromagnetic spectrum (770 nm to 1 or aperture; or a CRI of 87 or greater. (7) High intensity discharge lamps; mm); has a rated wattage of 125 watts (8) Infrared lamps; * * * * * or greater; and which has a primary (9) J, JC, JCD, JCS, JCV, JCX, JD, JS, Pin base lamp means a lamp that uses purpose of providing heat. and JT shape lamps that do not have a base type designated as a single pin Edison screw bases; * * * * * base or multiple pin base system. (10) Lamps that have a wedge base or Integrated lamp means a lamp that * * * * * prefocus base; contains all components necessary for Plant light lamp means a lamp that is (11) Left-hand thread lamps; the starting and stable operation of the designed to promote plant growth by (12) Marine lamps; lamp, does not include any replaceable emitting its highest radiant power peaks (13) Marine signal service lamps; or interchangeable parts, and is in the regions of the electromagnetic (14) Mine service lamps; connected directly to a branch circuit spectrum that promote photosynthesis: (15) MR shape lamps that have a first through an ANSI base and Blue (440 nm to 490 nm) and/or red number symbol equal to 16 (diameter corresponding ANSI standard (620 to 740 nm), and is designed and equal to 2 inches) as defined in ANSI lampholder (socket). marketed for plant growing C79.1–2002 (incorporated by reference; * * * * * applications. see § 430.3), operate at 12 volts, and LED Downlight Retrofit Kit means a * * * * * have a lumen output greater than or product designed and marketed to Reflector lamp means a lamp that has equal to 800; install into an existing downlight, an R, PAR, BPAR, BR, ER, MR, or (16) Other fluorescent lamps; replacing the existing light source and similar bulb shape as defined in ANSI (17) Plant light lamps; related electrical components, typically C78.20 and ANSI C79.1–2002 (both (18) R20 short lamps; employing an ANSI standard lamp base, (19) Reflector lamps (as defined in incorporated by reference; see § 430.3) either integrated or connected to the and is used to provide directional light. this section) that have a first number downlight retrofit by wire leads, and is symbol less than 16 (diameter less than * * * * * a retrofit kit. LED downlight retrofit kit Showcase lamp means a lamp that has 2 inches) as defined in ANSI C79.1– does not include integrated lamps or 2002 (incorporated by reference; see a T shape as specified in ANSI C78.20 non-integrated lamps. and ANSI C79.1–2002 (both § 430.3) and that do not have E26/E24, Left-hand thread lamp means a lamp E26d, E26/50x39, E26/53x39, E29/28, incorporated by reference; see § 430.3), with direction of threads on the lamp is designed and marketed as a showcase E29/53x39, E39, E39d, EP39, or EX39 base oriented in the left-hand direction. bases; lamp, and has a maximum rated wattage (20) S shape or G shape lamps that * * * * * of 75 watts. Light fixture means a complete have a first number symbol less than or * * * * * lighting unit consisting of light source(s) equal to 12.5 (diameter less than or Sign service lamp means a vacuum and ballast(s) or driver(s) (when equal to 1.5625 inches) as defined in type or gas-filled lamp that has applicable) together with the parts ANSI C79.1–2002 (incorporated by sufficiently low bulb temperature to designed to distribute the light, to reference; see § 430.3); permit exposed outdoor use on (21) Sign service lamps; position and protect the light source, highspeed flashing circuits, is designed (22) Silver bowl lamps; and to connect the light source(s) to the and marketed as a sign service lamp, (23) Showcase lamps; power supply. and has a maximum rated wattage of 15 (24) Specialty MR lamps; * * * * * watts. (25) T-shape lamps that have a first Marine lamp means a lamp that is Silver bowl lamp means a lamp that number symbol less than or equal to 8 designed and marketed for use on boats has an opaque reflective coating applied

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directly to part of the bulb surface that • Federal eRulemaking Portal: Go to date and may amend the proposal reflects light toward the lamp base and https://www.regulations.gov. Follow the because of those comments. that is designed and marketed as a silver instructions for submitting comments. Except for Confidential Business bowl lamp. • Fax: 202–493–2251. Information (CBI) as described in the * * * * * • Mail: U.S. Department of following paragraph, and other Specialty MR lamp means a lamp that Transportation, Docket Operations, M– information as described in 14 CFR has an MR shape as defined in ANSI 30, West Building Ground Floor, Room 11.35, the FAA will post all comments C79.1–2002 (incorporated by reference; W12–140, 1200 New Jersey Avenue SE, received, without change, to https:// see § 430.3), a diameter of less than or Washington, DC 20590. www.regulations.gov, including any equal to 2.25 inches, a lifetime of less • Hand Delivery: Deliver to Mail personal information you provide. The than or equal to 300 hours, and that is address above between 9 a.m. and 5 agency will also post a report designed and marketed for a specialty p.m., Monday through Friday, except summarizing each substantive verbal application. Federal holidays. contact received about this proposed AD. * * * * * For material that will be incorporated Traffic signal lamp means a lamp that by reference (IBR) in this AD, contact Confidential Business Information is designed and marketed for traffic EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 CBI is commercial or financial signal applications and has a lifetime of information that is both customarily and 8,000 hours or greater. 8999 000; email [email protected]; internet www.easa.europa.eu. You may actually treated as private by its owner. * * * * * find this IBR material on the EASA Under the Freedom of Information Act [FR Doc. 2021–17346 Filed 8–18–21; 8:45 am] website at https://ad.easa.europa.eu. (FOIA) (5 U.S.C. 552), CBI is exempt BILLING CODE 6450–01–P You may view this IBR material at the from public disclosure. If your comments responsive to this NPRM FAA, Airworthiness Products Section, contain commercial or financial Operational Safety Branch, 2200 South information that is customarily treated DEPARTMENT OF TRANSPORTATION 216th St., Des Moines, WA. For as private, that you actually treat as information on the availability of this Federal Aviation Administration private, and that is relevant or material at the FAA, call 206–231–3195. responsive to this NPRM, it is important It is also available in the AD docket on 14 CFR Part 39 that you clearly designate the submitted the internet at https:// comments as CBI. Please mark each [Docket No. FAA–2021–0682; Project www.regulations.gov by searching for page of your submission containing CBI Identifier MCAI–2021–00474–T] and locating Docket No. FAA–2021– as ‘‘PROPIN.’’ The FAA will treat such RIN 2120–AA64 0682. marked submissions as confidential Examining the AD Docket under the FOIA, and they will not be Airworthiness Directives; Airbus SAS placed in the public docket of this You may examine the AD docket on Airplanes NPRM. Submissions containing CBI the internet at https:// should be sent to Sanjay Ralhan, AGENCY: Federal Aviation www.regulations.gov by searching for Aerospace Engineer, Large Aircraft Administration (FAA), DOT. and locating Docket No. FAA–2021– Section, International Validation ACTION: Notice of proposed rulemaking 0682; or in person at Docket Operations Branch, FAA, 2200 South 216th St., Des (NPRM). between 9 a.m. and 5 p.m., Monday Moines, WA 98198; telephone and fax through Friday, except Federal holidays. 206–231–3223; email sanjay.ralhan@ SUMMARY: The FAA proposes to adopt a The AD docket contains this NPRM, any faa.gov. Any commentary that the FAA new airworthiness directive (AD) for comments received, and other receives which is not specifically certain Airbus SAS Model A318 series information. The street address for designated as CBI will be placed in the airplanes; Model A319–111, –112, –113, Docket Operations is listed above. –114, –115, –131, –132, –133, –151N, public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: and –153N airplanes; and Models A320 Sanjay Ralhan, Aerospace Engineer, Background and A321 series airplanes. This Large Aircraft Section, International proposed AD was prompted by a EASA, which is the Technical Agent Validation Branch, FAA, 2200 South determination that new or more for the Member States of the European 216th St., Des Moines, WA 98198; restrictive airworthiness limitations are Union, has issued EASA AD 2021–0108, telephone and fax 206–231–3223; email necessary. This proposed AD would dated April 20, 2021 (EASA AD 2021– [email protected]. require revising the existing 0108) (also referred to as the Mandatory maintenance or inspection program, as SUPPLEMENTARY INFORMATION: Continuing Airworthiness Information, or the MCAI), to correct an unsafe applicable, to incorporate new or more Comments Invited restrictive airworthiness limitations, as condition for all Airbus SAS Model specified in a European Union Aviation The FAA invites you to send any A318–111, –112, –121, and –122 Safety Agency (EASA) AD, which is written relevant data, views, or airplanes; Model A319–111, –112, –113, proposed for incorporation by reference. arguments about this proposal. Send –114, –115, –131, –132, –133, –151N, The FAA is proposing this AD to your comments to an address listed and –153N airplanes; Model A320–211, address the unsafe condition on these under ADDRESSES. Include ‘‘Docket No. –212, –214, –215, –216, –231, –232, products. FAA–2021–0682; Project Identifier –233, –251N, –252N, –253N, –271N, MCAI–2021–00474–T’’ at the beginning –272N, and –273N airplanes; and Model DATES: The FAA must receive comments of your comments. The most helpful A321–111, –112, –131, –211, –212, on this proposed AD by October 4, 2021. comments reference a specific portion of –213, –231, –232, –251N, –252N, ADDRESSES: You may send comments, the proposal, explain the reason for any –253N, –271N, –272N, –251NX, using the procedures found in 14 CFR recommended change, and include –252NX, –253NX, –271NX, and –272NX 11.43 and 11.45, by any of the following supporting data. The FAA will consider airplanes. Model A320–215 airplanes methods: all comments received by the closing are not certificated by the FAA and are

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