[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80731-80733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32259]
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DEPARTMENT OF ENERGY
10 CFR Part 430
Request for Exclusion of 120 Volt, 100 Watt R20 Short
Incandescent Reflector Lamps
AGENCY: Office of the General Counsel, Department of Energy (DOE).
ACTION: Petition for rulemaking; request for comment.
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SUMMARY: On November 29, 2010, the Department of Energy received a
petition for rulemaking from the National Electrical Manufacturers
Association (NEMA). The petition, requests the initiation of a
rulemaking regarding a certain incandescent reflector lamp. The
petition seeks to exclude from the coverage of energy conservation
standards for incandescent reflector lamps a 120 volt, 100 watt R20
short lamp, which is marketed for use in hot tub spas. Public comment
is requested on whether DOE should grant the petition and proceed with
a rulemaking procedure on this matter.
DATES: Comments must be postmarked no later than January 24, 2011.
ADDRESSES: Any comments submitted must reference ``Petition for
Rulemaking: Exclusion of 120 Volt, 100 Watt R20 Short Incandescent
Reflector Lamps.'' Comments may be submitted using any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected].
Include ``Petition for Rulemaking'' in the subject line of the message.
Postal Mail: John Cymbalsky, U.S. Department of Energy,
Office of Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Please submit one signed original paper copy.
Hand Delivery/Courier: John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Please submit one signed original paper copy.
FOR FURTHER INFORMATION CONTACT: John Cymbalsky U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington,
DC 20585-0121, (202) 287-1692, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The Administrative Procedure Act (APA), 5
U.S.C. 551 et seq., provides among other things, that ``[e]ach agency
shall give an interested person the right to petition for the issuance,
amendment, or repeal of a rule.'' (5 U.S.C. 553(e)). Pursuant to this
provision of the APA, NEMA petitioned the Department of Energy for the
issuance of a new rule, as set forth below. In publishing this petition
for public comment, the Department of Energy is seeking views on
whether it should grant the petition and undertake a rulemaking to
consider the proposal contained in this petition. By seeking comment on
whether to grant this petition, the Department of Energy takes no
position at this time regarding the merits of the suggested rulemaking.
The proposed rulemaking sought by NEMA would exclude 120 volt, 100
watt R20 short lamps from coverage of energy conservation standards for
incandescent reflector lamps. The petition requests the Department of
Energy stay enforcement of its energy conservation standard as applied
to this type of lamp pending the outcome of this petition. The
Department of Energy seeks public comment on whether DOE should grant
the petition and proceed with a rulemaking procedure on this issue.
Issued in Washington, DC, on December 17, 2010.
Scott Blake Harris,
General Counsel.
Set forth below is the full text of the National Electrical
Manufacturers Association petition:
BEFORE THE U.S. DEPARTMENT OF ENERGY
November 29, 2010
Petition for Rulemaking
U.S. Department of Energy Attention: Hon. Catherine R. Zoi Acting
Under Secretary of Energy 1000 Independence Avenue, SW Washington,
D.C. 20585
RE: Petition of the National Electrical Manufacturers Association To
Undertake Rulemaking To Exclude 120 Volt, 100 Watt R20 Short Lamps
from Coverage of Energy Conservation Standards for Incandescent
Reflector Lamps. Request for Stay of Enforcement Pending Rulemaking
Dear Under Secretary Zoi:
The National Electrical Manufacturers Association (NEMA), on
behalf of its members who distribute in commerce certain
incandescent reflector lamps, petitions the Department to commence a
rulemaking pursuant to the Administrative Procedure Act to (1)
determine that a certain type of incandescent reflector lamp--a 120
volt, 100 watt R20 short, which is marketed exclusively for use in
hot tub spas sold into specific jurisdictions that provide pools and
[[Page 80732]]
spas with 120 volt electricity--be excluded from the coverage of
energy conservation standards for incandescent reflector lamps
prescribed by or promulgated under section 325(i) of the Energy
Policy and Conservation Act (EPCA), 42 U.S.C. Sec. 6295(i), as
amended, and (2) amend the Department's current energy conservation
standard at 10 CFR Sec. 430.32(n)(6)(ii) and 10 CFR Sec. 430.2
(definitions).
As grounds for this petition, NEMA believes that the rulemaking
will conclude: (a) that energy conservation standards for this
unique type of lamp will not result in significant energy savings,
and (b) that this type of lamp is designed for special applications
or has special characteristics not available in reasonably
substitutable lamp types. 42 U.S.C. Sec. 6291(30)(E). As further
grounds for this rulemaking, NEMA believes that the rulemaking will
show that the application of energy conservation standards for
incandescent reflector lamps to this type of lamp--which has unique
size, performance requirements, and capacity for use in certain
types of hot tub spas that require smaller dimensions--would lead to
their unavailability in the United States. Cf., 42 U.S.C. Sec.
6295(o)(4).
Separately, NEMA requests the Department stay enforcement of its
energy conservation standard as applied to this type of lamp pending
the outcome of this rulemaking, so that sales of this type of lamp
may be resumed. For the reasons explained below, the two
manufacturers who previously distributed the 100 watt R20 short lamp
in commerce recently realized that they harbored a mistaken belief
that this type of underwater service lamp was excluded from coverage
under EPCA. Both companies immediately withdrew the product from the
market when they realized their mistake. This decision has created
significant hardships for hot tub spa manufacturers that used this
unique lamp type, as there is no known substitute for it on the
market. This also means that owners of hot tub spas that use this
unique lamp type will not have replacement lamps available for their
spas when their lamps reach end of life.
Definition of the Lamp Type for Which a Rule Is Sought
The lamp type is a 100 watt R20 short incandescent reflector
lamp. The term ``short'' refers to the fact that the maximum overall
length (MOL) of the lamp is 3\5/8\'', in contrast to the normal
overall length of 4\1/8\''. By this petition, NEMA proposes that 10
CFR Sec. 430.2 be amended as follows to include a new definition of
``R20 short''after the definition of ``R20 incandescent reflector
lamp'':
Sec. 430.2 Definitions.
For purposes of this part, words shall be defined as provided
for in section 321 of the Act and as follows--
* * * * *
R20 incandescent reflector lamp means a reflector lamp that has
a face diameter of approximately 2.5 inches, as shown in figure 1(R)
on page 7 of ANSI C79.1-1994 (incorporated by reference; see Sec.
430.3).
R20 short means an R20 incandescent reflector lamp that has a
maximum overall length of 3\5/8\ inches.
Nature of the Exclusion for Which a Rule Is Sought
10 CFR Sec. 430.32(n)(6)(ii) currently excludes from the energy
conservation standards applicable to the covered product
``incandescent reflector lamp'' three types of incandescent
reflector lamps. By this petition, NEMA proposes that 10 CFR Sec.
430.32(n)(6)(ii) be amended to add a new paragraph (D) to this
section as shown below.
Sec. 430.32 Energy and water conservation standards and their
effective dates.
The energy and water (in the case of faucets, showerheads, water
closets, and urinals) conservation standards for the covered product
classes are:
* * * * *
(n) General service fluorescent lamps and incandescent reflector
lamps.
(6)(i)(A) Subject to the exclusions in paragraph (n)(6)(ii) of
this section, the standards specified in this section shall apply to
ER incandescent reflector lamps, BR incandescent reflector lamps,
BPAR incandescent reflector lamps, and similar bulb shapes on and
after January 1, 2008.
(B) Subject to the exclusions in paragraph (n)(6)(ii) of this
section, the standards specified in this section shall apply to
incandescent reflector lamps with a diameter of more than 2.25
inches, but not more than 2.75 inches, on and after June 15, 2008.
(ii) The standards specified in this section shall not apply to
the following types of incandescent reflector lamps:
(A) Lamps rated at 50 watts or less that are ER30, BR30, BR40,
or ER40 lamps;
(B) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps;
(C) R20 incandescent reflector lamps rated 45 watts or less; or
(D) R20 short incandescent reflector lamps rated at 100 watts
that are designated and marketed specifically for pool and spa
applications with--
(I) the designation appearing on the lamp packaging; and
(II) marketing materials that identify the lamp as being for
pool and spa applications.\1\
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\1\ This particular language relating to designation on lamp
packaging and marketing materials appears in Section 321 of EPCA
with respect to the definitions of ``rough service lamp,'' ``shatter
resistant lamp,'' and ``vibration service lamp,'' all of which are
currently excluded from energy conservation standards applicable to
general service incandescent lamps.
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The lamp at issue comes in two different voltage configurations:
12V and 120V. Some state and local jurisdictions allow pools and
spas to be supplied with 120V electricity; the remainder require
pools and spas to be supplied with much lower voltage electricity
\2\ via a distribution transformer that steps down voltage to the
pool lights where the 12 volt lamp is used. NEMA has not been able
to find a list of which jurisdictions have adopted one requirement
over the other, but the so-called ``line voltage'' (120V)
jurisdictions appear to include Florida, and a number of
jurisdictions primarily located in the Midwest. The statutory
definition of ``incandescent reflector lamp'' only includes such
lamps that are within the range of 115 volts and 130 volts, see 10
CFR Sec. 430.2,\3\ which leaves the 12 volt version of the 100 watt
R20 short lamp unregulated under EPCA.
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\2\ Sometimes this requirement is expressed as less than a
maximum voltage (e.g. < 15V).
\3\ ``Incandescent reflector lamp (commonly referred to as a
reflector lamp) means any lamp in which light is produced by a
filament heated to incandescence by an electric current, which: Is
not colored or designed for rough or vibration service applications
that contains an inner reflective coating on the outer bulb to
direct the light; has an R, PAR, ER, BR, BPAR, or similar bulb
shapes with an E26 medium screw base; has a rated voltage or voltage
range that lies at least partially in the range of 115 and 130
volts; has a diameter that exceeds 2.25 inches; and has a rated
wattage that is 40 watts or higher.''
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Why the Exclusion Is Needed
Hot tub spa manufacturers design the dimensions of some hot tubs
so that the underwater lighting can only accommodate a luminaire and
lamp with a maximum overall length of 3 and \5/8\ inches. They also
seek a luminaire/lamp combination that is designed to light the spa
with a certain lumen output providing diffuse (not directed)
illumination that requires a wide beam spread. The 100 watt R20
short is the only lamp that meets the spa manufacturers'
specifications and is used in these particular spas. These 100 watt
lamps have a heat shield inside the base to protect against high
heat damaging the cement that joins the base to the glass envelope,
and the filament has been specially engineered to provide the
desired beam spread required by spa manufacturers. Given the
underwater application in waters in excess of 100 degrees F, an
electronic lamp product is not an alternative.
Current energy conservation standards for a 100 watt
incandescent reflector lamp require that the lamp have 14 lumens per
watt. 42 U.S.C. Sec. 6295(i)(1)(B). The 100 watt R20 short has
lumens of 900 to 1000, which translates to a maximum lumens per watt
of 9 or 10. It is not possible to increase the lumens in this lamp
without increasing the maximum overall length of the lamp because a
higher lumen filament would operate at a higher temperature, which
could potentially cause the lamp to burst and/or damage the
luminaire and/or hot tub. As this lamp is used in an underwater
fixture, the implications surrounding potential safety hazards would
prohibit the use of higher lumen lamp in this application.
Additionally, a higher lumen filament would result in severely
shortened lamp life that would be unacceptable in spa applications.
Until September 2010, there were only two known manufacturers of
the 120 volt 100 watt R20 short lamp supplying in the United States
to spa manufacturers whose spa designs required this lamp. They had
been supplying this lamp on the mistaken belief that EPCA had
excluded pool and underwater service lamps from coverage. They
relied on the Federal Trade Commission's 1994 lamp labeling rule,
which treated an incandescent reflector lamp as a general service
incandescent lamp, see 16 CFR Sec. 305.2(16), and applied EPCA's
exclusions from the definition of general service incandescent lamp
\4\ to incandescent
[[Page 80733]]
reflector lamps. When they discovered that neither EPCA nor the DOE
rules treated this lamp similar to the way the FTC treated them,
they promptly withdrew the product from the market. This leaves the
hot tub manufacturers without a supply of these lamps and leaves spa
owners purchasing in the replacement market without a supply of
these lamps. The product is sold in the replacement market to spa
manufacturers, pool and spa product distributors, maintenance/repair
and janitorial distributors.
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\4\ EPAct 1992, amending EPCA, originally excluded ``swimming
pool'' and ``other underwater service'' lamps from coverage for
``general service incandescent lamps.'' The FTC's 1994 lamp labeling
rule exclusions mirrored the statutory list.
``(D) The term `general service incandescent lamp' means any
incandescent lamp (other than a miniature or photographic lamp) that
has an E26 medium screw base, a rated voltage range at least
partially within 115 and 130 volts, and which can be used to satisfy
the majority of lighting applications, but does not include any
lamps specifically designed for--
* * *
``(xiii) swimming pool or other underwater service; * * *
EISA 2007 eliminated this particular exclusion for general
service incandescent lamps.
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Grounds for the Petition and Rulemaking
The application of energy conservation standards to the 120V,
100 watt R20 short lamp will not result in significant energy
savings.
The two known manufacturers of the 120 volt 100 watt, R20 short
have supplied their 2009 shipment data to NEMA to evaluate the
percentage of overall incandescent reflector lamps accounted for by
this particular lamp. This information is set forth in the
confidential Annex to this petition, and it reveals that these lamps
are an extremely small portion of incandescent reflector lamp
shipments. By NEMA's analysis, sales of this lamp represent
significantly less than 0.10% of 2009 shipments of covered
incandescent reflector lamps. See attached Confidential Annex.
Because NEMA's antitrust compliance disclosure rules prohibit
the disclosure of any information containing the shipment or sales
data of only one or two reporting companies and NEMA is precluded by
its policies governing the handling of confidential information from
disclosing individual company data to anyone, NEMA can only supply
information on shipments of the 120 volt, 100 watt, R20 short lamp
to the Department on a confidential basis. NEMA and the two
manufacturers claim an exemption from disclosure under the Freedom
of Information Act pursuant to 5 U.S.C. Sec. 552(b)(4), and states
(1) that this information is held in confidence by NEMA and the two
manufacturers, (2) the information is of a type customarily held in
confidence by NEMA and the two manufacturers, (3) the information is
transmitted to the Department in confidence, (4) the information is
not available in public sources, (5) the disclosure of this
information is likely to impair the Department's ability to obtain
this kind of information in the future, and (6) disclosure is likely
to cause competitive harm to the two manufacturers. 10 CFR Sec.
1004.11(f).
In the 2009 rulemaking for incandescent reflector lamps, DOE
considered a proposal to extend the upper bound of the covered
product to 505 watts (from 205 watts) and stated, ``DOE analyzed
commercially-available product in manufacturer catalogs to assess
the prevalence of products with wattages greater than 205W. Based on
this research, DOE believes that IRL with rated wattages greater
than 205W comprise a very small portion of the market and,
therefore, do not represent substantial potential energy savings.''
74 Fed.Reg. at 34092 (July 14, 2009). NEMA believes that the portion
of the market represented by the 120V, 100 watt, R20 short is
smaller than the portion of the market of incandescent reflector
lamps represented by lamps above 205 watts, and, because of their
lower wattage, less energy is consumed. Thus, a similar conclusion
appears to be warranted in the case of these unique spa lamps.
This type of lamp is designed for special applications or has
special characteristics not available in reasonably substitutable
lamp types.
There are presently no substitute products on the market for
this application. As noted above, the product is used for a unique
specification in hot tub spas where space limitations in the design
of the spa will not permit a luminaire sized for a lamp with a
normal 4\1/8\'' MOL, and instead requires a ``short'' lamp with an
MOL of 3\5/8\''. Second, this R20 short lamp was specifically
designed to meet the underwater illumination requirements of hot tub
spa manufacturers, including beam spread and lumens.
Consumers are not likely to substitute this lamp for other types
of residential covered lamps subject to energy conservation
standards.
The price of the replacement 120V, 100 watt, R20 short lamp at
retail ranges from $10-$20 per lamp. It is relatively expensive
compared to other types of incandescent reflector lamps used in
residential applications--more than twice the price. Furthermore,
since the product is marked on the packaging for pool and spa
applications, this deters consumers from considering the lamp for
general lighting applications in the home.
These lamps are sold through different retail channels than
other residential covered lamps, and generally not found at stores
where consumers are shopping for general residential lighting
applications. Consumers will have to incur greater search costs to
find this type of lamp, and for those who do find it, they will see
that it is for pool and spa applications and that it costs
substantially more.
If not excluded from coverage under the Energy Policy and
Conservation Act, it will result in the unavailability of the lamp
in the United States.
To the best of NEMA's knowledge and its manufacturers, the
decision of the two manufacturers of this 120 volt lamp to withdraw
the product from the market has resulted in its unavailability.
If there is additional information that NEMA can provide in
support of this petition, please contact the undersigned at [email protected] or by telephone at (703) 841-3280.
Very truly yours,
Clark R. Silcox
General Counsel
cc: Scott Blake Harris, Esq.
Daniel Cohen, Esq.
Laura Barhydt, Esq.
Kathleen Hogan
Michael McCabe
Roland Risser
Kyle Pitsor, NEMA
CONFIDENTIAL ANNEX \5\
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\5\ The underscored information provided in blank on this page
is considered confidential commercial information, and exempt from
disclosure pursuant to 5 U.S.C. Sec. 552(b)(4). NEMA's antitrust
compliance disclosure rules prohibit the disclosure of any
information containing the shipment or sales data of only one or two
reporting companies and NEMA is precluded by its policies governing
the handling of confidential information from disclosing individual
company data to anyone. Accordingly, NEMA can only supply aggregated
information on shipments of the 120 volt, 100 watt, R20 short lamp
to the Department on a confidential basis. NEMA and the two
manufacturers claim an exemption from disclosure under the Freedom
of Information Act pursuant to 5 U.S.C. Sec. 552(b)(4), and state
(1) that this information is held in confidence by NEMA and the two
manufacturers, (2) the information is of a type customarily held in
confidence by NEMA and the two manufacturers, (3) the information is
transmitted to the Department in confidence, (4) the information is
not available in public sources, (5) the disclosure of this
information is likely to impair the Department's ability to obtain
this kind of information in the future, and (6) disclosure is likely
to cause competitive harm to the two manufacturers. 10 C.F.R. Sec.
1004.11(f).
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Total Reported 2009 shipments = ------ units
In the Technical Support Document (TSD) that accompanied the
DOE's Final Rule on incandescent reflector lamps, the DOE estimated
2005 shipments of ``covered'' incandescent reflector lamp shipments
for the US market at 181 million units. TSD, Chapter 10 at 10-34.
While NEMA does not regularly collect shipment data for incandescent
reflector lamps that matches this classification, NEMA shipment data
for the year 2009 indicates that annual incandescent reflector lamp
shipments have fallen significantly since 2005. Still, the NEMA data
leads NEMA to believe that the 2009 shipments of ``covered''
incandescent reflector lamps remained above 100 million units.
Based on a range from a maximum 181 million units to a minimum
of 100 million units of covered incandescent reflector lamp product,
the 2009 shipments of the 120 volt, 100 watt R20 short lamp
represent ---- % to ---- % of covered incandescent reflector lamps.
[FR Doc. 2010-32259 Filed 12-22-10; 8:45 am]
BILLING CODE 6450-01-P