[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Notices]
[Pages 26469-26473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11790]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. IES-001]


Notice of Petition for Waiver From Acuity Brands From the 
Department of Energy Illuminated Exit Signs Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver and request for public comments.

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SUMMARY: This notice announces receipt of a petition from Acuity Brands 
(Acuity) seeking a waiver from specific portions of the U.S. Department 
of Energy (DOE) test procedure for determining the energy consumption 
of illuminated exit signs. Acuity seeks to use an alternate test 
procedure to address issues involved in testing certain basic models of 
illuminated exit signs identified in its petition. Acuity contends that 
its combination illuminated exit signs cannot be accurately tested 
using the currently applicable DOE test procedure. Although Acuity has 
proposed an alternate test procedure, DOE is proposing a different 
alternate test procedure to test and rate specified Acuity basic models 
in this notice. DOE solicits comments, data, and information concerning 
Acuity's petition and DOE's proposed alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the petition received until July 7, 2017.

ADDRESSES: You may submit comments, identified by case number IES-001, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include the case 
number [Case No. IES-001] in the subject line of the message.
     Mail: Mr. Bryan Berringer, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-2B/1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Mr. Bryan Berringer, U.S. 
Department of Energy, Building Technologies Program, 950 L'Enfant Plaza 
SW., Room 6055, Washington, DC 20024. Please submit one signed original 
paper copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit http://www.regulations.gov. All 
documents in the docket are listed in the www.regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: [email protected].
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-33, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 287-6111. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In an updated petition received on March 22, 
2016 (initially submitted on April 17, 2013) and in an email received 
on May 1, 2017, Acuity requested that DOE grant a test procedure waiver 
for specified models of illuminated exit signs that cannot be tested 
under the existing DOE test procedure. The basic models of illuminated 
exit signs at issue are models typically known as combination 
illuminated exit signs. These basic models include components such as 
egress lighting or alarms that typically require a larger battery to 
power the auxiliary features, which causes the test procedure to 
provide inaccurate comparative data.

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (``EPCA''), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program that includes illuminated exit signs.\2\ 
Part B includes definitions, test procedures, labeling provisions, 
energy conservation standards, and the authority to require information 
and reports from manufacturers. Further, Part B authorizes the 
Secretary of Energy to prescribe test procedures that are reasonably 
designed to produce results that measure energy efficiency, energy use, 
or estimated operating costs during a representative average-use cycle, 
and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 
The test procedure for illuminated exit signs is contained in 10 CFR 
part 431, subpart L.\3\
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    \1\ For editorial reasons Part B of title III was redesignated 
as Part A upon incorporation into the U.S. Code.
    \2\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
    \3\ Although illuminated exit signs are covered products 
pursuant to EPCA, as a matter of administrative convenience and to 
minimize confusion among interested parties, DOE adopted illuminated 
exit sign provisions into subpart L of 10 CFR part 431 (the portion 
of DOE's regulations dealing with commercial and industrial 
equipment) because typically businesses, rather than individuals, 
purchase them. 70 FR 60407, 60409 (Oct. 18, 2005). DOE refers to 
illuminated exit signs as either ``products'' or ``equipment.''
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    The regulations set forth in 10 CFR 431.401 contain provisions that 
allow a person to seek a waiver from the test procedure requirements 
for a particular basic model of a type of covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that: (1) Prevent 
testing according to the prescribed test procedure, or (2) cause the 
prescribed test procedures to evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(a)(1) A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 431.401(b)(1)(iii)

[[Page 26470]]

    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 431.401(f)(2) As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 431.401(l).
    DOE discusses the petition and alternate test procedures in the 
following sections.

II. Petition for Waiver of Test Procedure

    On March 22, 2016, Acuity filed an updated petition for a waiver 
(the initial petition was submitted on April 17, 2013) for certain 
basic models of illuminated exit signs that are required to be tested 
according to test procedures detailed in 10 CFR 431.204. (Acuity, No. 
0002 at pp. 1-3) \4\ Acuity supplemented its filing with an email 
submitted to DOE on May 1, 2017, that further clarified the specific 
basic models for which the waiver is being requested.\5\ Acuity has 
requested a waiver for basic models that provide the dual function of 
exit signage and lighting for emergency egress (combination illuminated 
exit signs), stating that the battery used in combination illuminated 
exit signs requires a substantially larger capacity to provide a 
minimum of 90 minutes of egress lighting, as required by safety codes. 
Acuity has further stated that it is not feasible to separate the power 
measurement associated with the exit signage and the egress lighting 
because a single battery and charging circuit supplies power for both 
functions.
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    \4\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-2017-BT-WAV-0033) (available at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0033). This notation indicates that the 
statement preceding the reference is document number 2 in the docket 
and appears at pages 1-3 of that document.
    \5\ The following are the basic models of combination LED exit 
signs for which Acuity seeks a test procedure waiver: ECG 1F, ECG 1F 
HO, ECG 2F, ECG 2F HO, ECR 1F, ECR 1F HO, ECR 2F, ECR 2F HO, ECG LED 
1F HO, ECG LED 2F HO, ECR LED 1F HO, ECR LED 2F HO, ECG LED 1F, ECG 
LED 2F, ECR LED 1F, ECR LED 2F, ECBG LED 1F, ECBG LED 2F, ECBR LED 
1F, ECBR LED 2F, LHD2D18G, LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G, 
LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G, LHD2S36R, LHD2S72G, 
LHD2S72R, LHQM LED 1F HO GREEN, LHQM LED 1F HO RED, LHQM LED 2F HO 
GREEN, LHQM LED 2F HO RED, LHQM LED 1F GREEN, LHQM LED 1F RED, LHQM 
LED 2F GREEN, LHQM LED 2F RED, LHXNY W 1 R, LHXC W 1 RW, LHXC W 2 
RW, LHZ618 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636 RED, LHZ672 
GREEN, LHZ672 RED, QM LED 1F GREEN, QM LED 1F HO GREEN, QM LED 1F 
RED, QM LED 1F HO RED, QM LED 2F GREEN, QM LED 2F HO GREEN, QM LED 
2F RED, QM LED 2F HO RED, NXPCL 1F, and NXPCL 2F.
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    As an alternative to the test procedure currently in place at 10 
CFR part 431, subpart L, Acuity has recommended that, for combination 
illuminated exit signs, the power should be determined using the 
following procedure:
    (1) Measure input power, which is the total power supplied to the 
combination illuminated exit sign including the charging circuit and 
light source(s) for the exit sign face(s). Note: The egress lights will 
not be operational in this mode because they are designed to only 
operate under a condition when the unit is not receiving power.
    (2) Determine the total battery power, with the battery circuit 
connected and fully charged before any measurements are made.

total battery power = input power-rated wattage of light source(s) for 
exit sign

    (3) Determine the battery proration factor.

battery proration factor = (rated wattage of light source(s) for exit 
sign)/(rated wattage of light sources(s) for egress lighting + rated 
wattage of light source(s) for exit sign)

    (4) Calculate the combination illuminated exit sign power.

combination illuminated exit sign power = (battery proration factor x 
total battery power) + rated wattage of light source(s) for exit sign

    Acuity seeks a test procedure waiver for specified basic models 
(see footnote and Table III.1). Acuity also requested that any new 
products introduced by the company into commerce that provide the dual 
function of exit signage and emergency egress lighting be covered by 
the waiver. DOE regulations at 10 CFR 430.27(f)(2) provide that DOE may 
grant a waiver, including adherence to alternate test procedures, only 
for ``the basic model(s) for which the waiver was requested.'' Acuity 
may request to extend the scope of a waiver to additional basic models 
pursuant to 10 CFR 431.401(g) by identifying the particular basic 
models for which a waiver is requested, but the present waiver, if 
granted, would extend to only those basic models identified in the 
updated waiver petition currently under consideration.

III. Alternate Test Procedure

    Upon review of the alternate test procedure submitted by Acuity in 
its petition for wavier, DOE found that ``rated wattage of light 
source(s)'' associated with the face and egress light source(s), 
respectively, is not always well documented in Acuity's product 
literature for the basic models under consideration. A lack of data in 
the manufacturer data sheet with respect to the wattage of the light 
source(s) prevents the accurate and repeatable calculation of the 
combination illuminated exit sign input power demand in Acuity's 
proposed test procedure. Therefore, DOE is proposing alternate test 
procedures that provide methods to test and rate the basic models at 
issue without the rated wattage of the light source(s).
    DOE investigated various approaches to isolate the input power used 
to illuminate only the exit sign portion of a combination exit sign: 
Including disconnecting the battery; scaling or prorating the portion 
of the input power demand associated with the battery; and measuring 
alternative power quantities as a proxy for input power demand. DOE 
tentatively concluded that these methods would require isolating the 
battery power used to illuminate the faces of the exit sign from the 
battery power used to operate auxiliary features. Based on DOE's review 
of combination exit signs, DOE has tentatively determined that it is 
either not possible to measure the required quantities or that doing so 
would require cutting of wires and modifying the circuitry of the 
combination exit sign.
    DOE reviewed the basic models submitted in Acuity's petition for 
waiver and updated basic model list provided in Acuity's email 
submitted to DOE on May 1, 2017, and determined that the basic models 
in the waiver are comprised of two sub-varieties: (A) Combination 
illuminated exit signs with equivalent non-combination versions \6\ and 
(B) Combination illuminated exit signs without equivalent non-
combination versions. Table III.1 provides a review of the combination 
illuminated exit sign basic models submitted by Acuity for waivers, and 
notes DOE's proposed alternate test method, described in detail below.
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    \6\ DOE uses the term ``equivalent non-combination illuminated 
exit sign'' in this notice to mean an illuminated exit sign that 
consists of electric consuming components and a battery identical to 
those of the combination illuminated exit sign at issue, but that 
does not have any auxiliary features. The equivalent non-combination 
illuminated exit sign must also have the same manufacturer and 
number of faces as the combination exit sign whose input power 
demand is being determined.

[[Page 26471]]



            Table III.1--Review of Combination Illuminated Exit Sign Basic Models Submitted by Acuity
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                                              Equivalent non-combination         DOE's proposed alternate test
          Acuity basic model *                  illuminated exit sign *                     method
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Lithonia Lighting brand models: ECG 1F,   No................................  Method B.
 ECG 1F HO, ECG 2F, ECG 2F HO, ECR 1F,
 ECR 1F HO, ECR 2F, ECR 2F HO.
Lithonia Lighting brand models: ECG LED   No................................  Method B.
 1F HO, ECG LED 2F HO, ECR LED 1F HO,
 ECR LED 2F HO.
Lithonia Lighting brand models: ECG LED   Yes...............................  Method A.
 1F, ECG LED 2F, ECR LED 1F, ECR LED 2F.
Lithonia Lighting brand models: ECBG LED  No................................  Method B.
 1F, ECBG LED 2F, ECBR LED 1F, ECBR LED
 2F.
Holophane brand models: LHD2D18G,         No................................  Method B.
 LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G,
 LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G,
 LHD2S36R, LHD2S72G, LHD2S72R.
Lithonia Lighting brand models: LHQM LED  Yes...............................  Method A.
 1F HO GREEN, LHQM LED 1F HO RED, LHQM
 LED 2F HO GREEN, LHQM LED 2F HO RED.
Lithonia Lighting brand models: LHQM LED  No................................  Method B.
 1F GREEN, LHQM LED 1F RED, LHQM LED 2F
 GREEN, LHQM LED 2F RED.
Lithonia Lighting brand model: LHXNY W 1  No................................  Method B.
 R.
Lithonia Lighting brand models: LHXC W 1  No................................  Method B.
 RW, LHXC W 2 RW.
Lithonia Lighting brand models: LHZ618    Yes...............................  Method A.
 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636
 RED, LHZ672 GREEN, LHZ672 RED.
Holophane brand models: QM LED 1F GREEN,  Yes...............................  Method A.
 QM LED 1F HO GREEN, QM LED 1F RED, QM
 LED 1F HO RED, QM LED 2F GREEN, QM LED
 2F HO GREEN, QM LED 2F RED, QM LED 2F
 HO RED.
Navilite brand models: NXPCL 1F, NXPCL    Yes...............................  Method A.
 2F.
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* All Acuity basic models listed in the table above are illuminated exit signs manufacturered exclusively with
  LEDs.

    For these two sub-varieties, DOE presents the two alternate test 
methods, test method A and test method B, in the following sections.

A. Test Method for Combination Illuminated Exit Sign Basic Models With 
Equivalent Non-Combination Illuminated Exit Signs (Method A)

    DOE has determined that for Acuity combination illuminated exit 
sign basic models ECG LED 1F, ECG LED 2F, ECR LED 1F, ECR LED 2F, LHQM 
LED 1F HO GREEN, LHQM LED 1F HO RED, LHQM LED 2F HO GREEN, LHQM LED 2F 
HO RED, LHZ618 GREEN, LHZ618 RED, LHZ636 GREEN, LHZ636 RED, LHZ672 
GREEN, LHZ672 RED, QM LED 1F GREEN, QM LED 1F HO GREEN, QM LED 1F RED, 
QM LED 1F HO RED, QM LED 2F GREEN, QM LED 2F HO GREEN, QM LED 2F RED, 
QM LED 2F HO RED, NXPCL 1F, and NXPCL 2F it is not possible to keep the 
face(s) illuminated while disconnecting the battery and all auxiliary 
features in a manner that permits reinstallation using only the 
original parts in order to allow for the measurement of only the input 
power required to illuminate the face(s). However, DOE has determined 
that these models have equivalent non-combination illuminated exit sign 
models. For these basic models, DOE is considering the following 
alternate test method (method A):
    (1) Identify a non-combination illuminated exit sign equivalent to 
the combination illuminated exit sign under test. A unit is an 
equivalent non-combination substitute only if it consists entirely of 
components identical to all of those of the unit whose input power 
demand is being determined, but does not include any auxiliary 
features, and contains an electrically connected battery. The 
equivalent unit must also have the same manufacturer and number of 
faces as the unit whose input power demand is being determined.
    (2) Assign the input power demand of the combination illuminated 
exit sign under test as the input power demand of the equivalent non-
combination illuminated exit sign.

B. Test Method for Combination Illuminated Exit Sign Basic Models 
Without Equivalent Non-Combination Illuminated Exit Signs (Method B)

    DOE has determined that for Acuity combination illuminated exit 
sign basic models ECG 1F, ECG 1F HO, ECG 2F, ECG 2F HO, ECR 1F, ECR 1F 
HO, ECR 2F, ECR 2F HO, ECG LED 1F HO, ECG LED 2F HO, ECR LED 1F HO, ECR 
LED 2F HO, ECBG LED 1F, ECBG LED 2F, ECBR LED 1F, ECBR LED 2F, 
LHD2D18G, LHD2D18R, LHD2D36G, LHD2D36R, LHD2D72G, LHD2D72R, LHD2S18G, 
LHD2S18R, LHD2S36G, LHD2S36R, LHD2S72G, LHD2S72R, LHQM LED 1F GREEN, 
LHQM LED 1F RED, LHQM LED 2F GREEN, LHQM LED 2F RED, LHXNY W 1 R, LHXC 
W 1 RW, and LHXC W 2 RW it is not possible to keep the face(s) 
illuminated while disconnecting the battery and all auxiliary features 
in a manner that permits reinstallation using only the original parts 
to allow for the measurement of only the input power required to 
illuminate the face(s). DOE has also determined that these models do 
not have equivalent non-combination illuminated exit sign models, 
rendering method A inapplicable. For these basic models, DOE is 
considering the following alternate test method (method B):
    If the combination illuminated exit sign under test uses only LEDs 
to illuminate all face(s) of the unit, assign an input power demand 
according to the following formula:

input power demand = 5 watts x number of faces \7\
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    \7\ This method requires determination of the number of faces 
for each basic model. Face count is the number of faces (no fewer 
than one) with which an illuminated exit sign basic model can be 
configured by an end user when all electric light sources are 
connected and energized.
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IV. Summary and Request for Comments

    Through this notice, DOE is publishing Acuity's petition for waiver 
pursuant to 10 CFR 431.401(b)(1)(iv). The petition contains no 
confidential information. The petition includes a description of why 
DOE's test procedure produces inaccurate results for certain models of 
combination illuminated exit signs and a recommended alternate test 
procedure, applicable to the measurement of energy efficiency of the 
models of combination illuminated exit signs specified by Acuity in its 
petition for waiver. In this notice, DOE proposes a different test 
method for determining the energy efficiency of the combination

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illuminated exit signs included in Acuity's waiver.
    DOE solicits comments from interested parties on all aspects of the 
petition, the test method recommended by Acuity, DOE's stated concerns 
regarding that test method, and DOE's proposed test procedure. Pursuant 
to 10 CFR 431.401(d), any person submitting written comments to DOE 
must also send a copy of such comments to the petitioner. The contact 
information for the petitioner is: Cheryl English, VP, Government & 
Industry Relations, Acuity Brands Lighting, Inc., One Lithonia Way, 
Conyers, GA 30012. All submissions received must include the case 
number for this proceeding. Submit electronic comments in WordPerfect, 
Microsoft Word, Portable Document Format (PDF), or text (American 
Standard Code for Information Interchange (ASCII)) file format and 
avoid the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. DOE does not 
accept telefacsimiles (faxes).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on May 26, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Date: 3/22/2016

Subject: Acuity Brands Updated Petition for Test Procedure Waiver for 
Illuminated Exit Signs

    Upon request by DOE, Acuity Brands is updating the petition request 
submitted on 4/17/2013 for test procedure waiver for Illuminated Exit 
Signs pursuant to 10 CFR 431.401 to clarify that the petition is for a 
final test procedure waiver for certain models of illuminated exit 
signs.
    The petition is on the grounds that the basic models contain design 
characteristics which prevent testing of the basic models according to 
the prescribed test procedures and that the prescribed test procedures 
evaluate the basic models in a manner unrepresentative of their true 
energy consumption characteristics and provide materially inaccurate 
comparative data.

Background

    Illuminated Exit Signs are covered under the Energy Policy & 
Conservation Act (EPCA) as amended by Section 135 of the Energy Policy 
Act of 2005 (EPAct 2005). This product category was included in EPA's 
Energy Star program and the intent of the EPAct 2005 amendment was to 
make the Energy Star program's product regulated by EPCA. The test 
procedures adopted by Congress for this product category is the Energy 
Star program (v. 2.0) test procedures, and the energy conservation 
standards are the performance requirements for the Energy Star program 
(v. 2.0). See 42 U.S.C. 6293(b)(9) and 6295(w).
    When Illuminated Exit Signs were included in EPAct 2005, the 
industry interpretation was based on a scope consistent with the Energy 
Star program covering products that provided only the functional 
characteristics defined in the regulation to illuminate the signage 
itself, with no expressed intent to also regulate energy used for 
emergency egress lighting. The statutory definition of illuminated exit 
sign (10 CFR 431.202) includes the phrase ``consists of electrically 
powered integral light source that--(i) illuminates the legend `EXIT' 
and any directional indica- tors . . .''
    Certain basic models of illuminated exit signs provide the dual 
function of exit signage and lighting for emergency egress (combo 
unit). However, the battery used in a combo unit requires a 
substantially larger capacity to provide a minimum of 90 minutes of 
egress lighting as required by life safety code, as well as 
illuminating the EXIT legend and directional indicators. Because of 
this, the test procedures when applied to a combo unit do not 
accurately represent the energy consumption associated with 
illuminating the exit sign legend.
    See the following Web site for figures of the ``Standard 
Illuminated Exit Sign'' and ``Combo unit'' Illuminated Exit Sign and 
Egress Light'': http://www.regulations.gov/#!docketDetail;D=EERE-2017-
BT-WAV-0033

Basic Models Requested for Test Procedure Waiver

    The following Acuity Brands basic models are submitted under the 
conditions of this waiver:
    EC, ECB, LHD2, LHQM, LHX, LHXC, LHZ, QM, NNYXSC, NX (NavLite combo)
    (covering all lettering colors, housing material, source type or 
other options for each basic model)
    Furthermore, Acuity Brands petitions that any new products 
introduced by Acuity Brands into commerce that provide the dual 
function of exit signage and emergency egress lighting will also be 
covered by the waiver.

Test Procedure Issues

    A combo unit utilizes a higher capacity battery to power both the 
exit sign face(s) as well as emergency egress lighting during a power 
outage. While Sec.  431.202 indicates that the input power demand shall 
be measured with batteries at full charge, the higher capacity dual 
function battery for a combo unit results in a higher power than a 
smaller battery utilized in a unit that provides only the exit signage 
functionality.
    The performance specification for the input power described in the 
Energy Star specifications limits the power to illuminate the face of 
the exit sign with no reference to power associated with the emergency 
egress lighting. The test procedure for Energy Star 2.0 requires the 
measurement of power including the internal battery, but the power 
limits were not established using a baseline for units that provide the 
dual function associated with a combo unit. For a combo unit, it is not 
feasible to separate the power measurement associated with the exit 
signage and the egress lighting since a single battery and charging 
circuit supplies power for both functions.

Alternate Test Procedure for Combo Units

    There are no nationally recognized test procedures to measure the 
power for a combo unit that describes the power associated only with 
illuminating the face(s) of the exit sign. Therefore Acuity Brands is 
submitting the following alternate test procedure to accurately 
represent the power of a combo unit used to illuminating the legend 
`EXIT', directional indicators and proportional battery power for the 
face(s) of the exit sign.
    For combination exit and egress lighting units (combo units), the 
power shall be determined by the following procedure:
    1. Measure input power, the total power supplied to the combo unit 
including the charging circuit and light source(s) for the exit sign 
face(s). Note: The egress lights will not be operational in this mode 
since they are designed to only operate under a condition when the unit 
is not receiving power.

[[Page 26473]]

    2. Determine the total battery power, with the battery circuit 
connected and fully charged before any measurements are made.

total battery power = input power-rated wattage of light source(s) for 
exit sign

    3. Determine the battery proration factor:

Battery proration factor = rated wattage of light source(s) for exit 
sign (rated wattage of light sources(s) for egress lighting + rated 
wattage of light source(s) for exit sign)

    4. Calculate the combo unit power:

Combo unit power = (Battery proration factor x total battery power) + 
rated wattage of light source(s) for exit sign

Conclusion

    Acuity Brands is submitting this request for a test procedure 
waiver for combo units that provide the dual function of exit signage 
and emergency egress lighting. The waiver request has outlined that:
    1. The prescribed test procedures are based on power intended only 
to illuminate the face of the exit sign and will evaluate the basic 
models of combo units in a manner unrepresentative of their true energy 
consumption characteristics
    2. the prescribed test procedures will evaluate the basic models of 
combo units in a manner that results in materially inaccurate 
comparative data, and
    3. there are no existing industry standards that define test 
procedures to measure the energy consumption characteristics for a 
combo unit that is associated with only the exit sign face(s), and
    4. the alternate test procedure proposed by Acuity Brands for combo 
units will accurately describe the power to illuminate the face of the 
exit and the proportion of battery charging circuit power used to 
illuminate the face(s) of the exit during a power outage.
    Based on DOE general counsel guidance on waivers issued December 
23, 2010, it is our understanding that DOE has made a commitment to (1) 
act promptly on waiver requests and to update its test procedures to 
address granted waivers going forward and (2) prevent the 
administrative waiver process from delaying or deterring the 
introduction of novel, innovative products into the marketplace and as 
a matter of enforcement policy will refrain from enforcement actions 
related to pending waiver requests.
    Thank you in advance for your prompt consideration of this waiver 
request.

Cheryl English
VP, Government & Industry Relations

Acuity Brands Lighting, Inc., One Lithonia Way, Conyers, GA 30012, 770-
860-2660, [email protected].

[FR Doc. 2017-11790 Filed 6-6-17; 8:45 am]
 BILLING CODE 6450-01-P