[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Pages 52213-52216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22476]
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DEPARTMENT OF ENERGY
[Case Number 2017-011; EERE-2017-BT-WAV-0049]
Energy Conservation Program: Decision and Order Granting a Waiver
to Big Ass Solutions From the Department of Energy Ceiling Fan Test
Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2017-011) that grants to Big Ass
Solutions (``BAS'') a waiver from specified portions of the DOE test
procedure for determining the energy efficiency of ceiling fans. Under
the Decision and Order, BAS is required to test and rate specified
basic models of its ceiling fans in accordance with the alternate test
procedure specified in the Decision and Order.
DATES: The Decision and Order is effective on October 16, 2018. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for ceiling fans located in 10
CFR part 430, subpart B, appendix U that addresses the issues presented
in this waiver. At such time, BAS must use the relevant test procedure
for this product for any testing to demonstrate compliance with
standards, and any other representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Email:
[email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence
Avenue SW, Washington, DC 20585-0103. Email: [email protected].
Telephone (202) 586-7796.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR
[[Page 52214]]
430.27(f)(2)), DOE gives notice of the issuance of its Decision and
Order as set forth below. The Decision and Order grants BAS a waiver
from the applicable test procedure in 10 CFR part 430, subpart B,
appendix U for specified basic models of ceiling fans, provided that
BAS tests and rates such products using the alternate test procedure
specified in the Decision and Order. BAS's representations concerning
the energy efficiency of the specified basic models must be based on
testing according to the provisions and restrictions in the alternate
test procedure set forth in the Decision and Order, and the
representations must fairly disclose the test results. Distributors,
retailers, and private labelers are held to the same requirements when
making representations regarding the energy efficiency of these
products. (42 U.S.C. 6293(c))
Consistent with 10 CFR 430.27(j), not later than December 17, 2018,
any manufacturer currently distributing in commerce in the United
States products employing a technology or characteristic that results
in the same need for a waiver from the applicable test procedure must
submit a petition for waiver. Manufacturers not currently distributing
such products in commerce in the United States must petition for and be
granted a waiver prior to the distribution in commerce of those
products in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 430.27.
Signed in Washington, DC, on October 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Case #2017-011
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act of 1975 (``EPCA''),\1\
Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among other
things, authorizes the U.S. Department of Energy (``DOE'') to
regulate the energy efficiency of a number of consumer products and
industrial equipment. Title III, Part B \2\ of EPCA established the
Energy Conservation Program for Consumer Products Other Than
Automobiles, which sets forth a variety of provisions designed to
improve energy efficiency for certain types of consumer products.
These products include ceiling fans, the focus of this document. (42
U.S.C. 6291(49); 42 U.S.C. 6295(ff))
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\1\ All references to EPCA in this document refer to the statute
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
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Under EPCA, DOE's energy conservation program consists
essentially of four parts: (1) Testing, (2) labeling, (3) Federal
energy conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42
U.S.C. 6291), energy conservation standards (42 U.S.C. 6295), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6295(s)), and (2) making representations about the efficiency of
that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test
procedures to determine whether the product complies with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and
procedures DOE is required to follow when prescribing or amending
test procedures for covered products. EPCA requires that any test
procedures prescribed or amended under this section must be
reasonably designed to produce test results which reflect energy
efficiency, energy use or estimated annual operating cost of a
covered product during a representative average use cycle or period
of use and requires that test procedures not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test procedure for ceiling fans
is contained in the Code of Federal Regulations (``CFR'') at 10 CFR
part 430, subpart B, appendix U, Uniform test method for measuring
the energy consumption of ceiling fans (``Appendix U'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as
to provide materially inaccurate comparative data. 10 CFR
430.27(a)(1). DOE may grant the waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR
430.27(f)(2).
II. Petition for Waiver: Assertions and Determinations
By letter dated June 14, 2017, BAS filed a petition for waiver
and an application for interim waiver from the test procedure
applicable to ceiling fans set forth in Appendix U. According to
BAS, testing at low speed for the basic models listed in the
petition \3\ may cause BAS undue hardship in meeting the stability
requirements contained in appendix U. BAS stated that when testing
the specified basic models at low speed the average air speed is so
low that the acceptable variance under the stability criteria is
often less than 2 feet per minute, which falls below the accuracies
for airflow sensors required in section 3.3.2 of Appendix U.
Consequently, in its petition, BAS offered two alternate test
procedures for determining the stability criteria for testing low-
speed small-diameter ceiling fans at low speed: (1) BAS's preferred
method, which would require BAS to employ a stability criteria using
airflow instead of air velocity measurements, and (2) BAS's
alternate method, which would require relaxing the low speed
stability criteria from DOE's requirement of 5 percent to 10
percent. BAS initially stated that this second method is not
preferred because it could add significant variability to the
calculated airflow on low speed. BAS also requested an interim
waiver from the existing DOE test procedure. However, by email dated
December 6, 2017, BAS withdrew its preferred method for modifying
the stability criteria from consideration. Instead, BAS requested
that DOE consider its alternate method as its recommendation for the
alternate test procedure.\4\
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\3\ The specific basic models for which the petition applies are
ceiling fan basic models Isis F-IS2-0601S4, Isis F-IS2-0601, Isis F-
IS2-0401L8S4, Isis F-IS2-0401L8, Isis F-IS2-0401I06L8S4, Isis F-IS2-
0401I06L8, Isis F-IS2-0501L8S4 and Isis F-IS2-0501L8. These basic
model names were provided by BAS in its June 2017 petition.
\4\ A copy of the email is available at http://www.regulations.gov, under docket number EERE-2017-BT-WAV-0049.
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On March 23, 2018, DOE published a notice announcing its receipt
of the petition for waiver and granting BAS an interim waiver. 83 FR
12726. In the notice of petition for waiver, DOE reviewed the
alternate test procedure suggested by BAS and granted the interim
waiver initially finding that the alternate test procedure of
relaxing the stability criteria for low speed will allow for the
accurate measurement of efficiency of these products, while
alleviating the testing problems associated with BAS's
implementation of ceiling fan testing for the basic models specified
in its petition. In that notice, DOE also solicited comments from
interested parties on all aspects of the petition and specified an
alternate test procedure that must be followed for testing and
certifying the specific basic models for which BAS requested a
waiver. Id.
DOE received two relevant comments to the notice of petition for
waiver.\5\ Both comments were supportive of DOE granting the waiver
and encouraged DOE to make the alternate test procedure available to
all ceiling fan manufacturers. Specifically, Hunter stated that it
supports BAS's waiver and encouraged DOE to make the BAS alternate
test procedure available to all ceiling fan test facilities that are
dealing with similar issues with meeting stability criteria.\6\
[[Page 52215]]
(Hunter, No. 6 at p. 1) American Lighting Association (ALA) stated
that it supports BAS for bringing the issue forward. ALA stated that
the issue of stability testing has plagued many manufacturers, and
that if approval of the waiver is granted, then DOE should make the
alternate test procedure applicable to all manufacturers of small
diameter ceiling fans so that testing burden is reduced.\7\ (ALA,
No. 8 at p. 2)
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\5\ DOE received other comments regarding issues unrelated to
the waiver petition. See the docket for this notice at https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0049.
\6\ Hunter's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0049-0006.
\7\ ALA's comment can be accessed at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0049-0008.
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While the petition for waiver from BAS and the interim waiver
granted by DOE addressed the required testing at low speed only,
Hunter also suggested that the same alternate test procedure
stability criteria be applied to high speed as well, stating that
there is test efficiency gain for high speed also. (Hunter, No. 6 at
p. 2) Furthermore, Hunter stated that although relaxing the air
velocity stability criteria for low and high speed for the entire
industry would help reduce undue burden, it also recommended that
DOE consider requiring stability for airflow instead of air
velocity, stating that when overall airflow on low or high speed
from one test run to the next is substantially unchanged, stability
is reached, and that air velocity being the same for a particular
sensor from one second to the next is of no real consequence and
unnecessarily adds to the burden. Id.
As to Hunter's and ALA's request to make an alternate test
procedure available to all manufacturers that are faced with similar
issues as BAS, DOE considers such requests in the context of a
rulemaking proceeding rather than through the waiver process. As
noted, any manufacturer currently distributing in commerce in the
United States products employing a technology or characteristic that
results in the same need for a waiver from the applicable test
procedure must submit a petition for waiver. 10 CFR 430.27(j). The
waiver process addresses particular basic models that contain one or
more design characteristics which either prevent testing according
to the prescribed test procedures or cause the prescribed test
procedures to evaluate the basic models in a manner so
unrepresentative of its true energy and/or water consumption
characteristics as to provide materially inaccurate comparative
data. 10 CFR 430.27(a)(1). Changes to the test procedure that apply
to the covered product more generally would appropriately be
addressed as part of a rulemaking.
Regarding Hunter's request that DOE provide an alternate test
procedure for testing at high speed, DOE would also consider such a
request generally in the context of a rulemaking. The petition
submitted by BAS does not address testing issues at high speed. DOE
understands that the ceiling fans specified in the BAS petition,
when operated at low speed, produce air velocities that have trouble
meeting the stability criteria because the average air velocity is
so low that it creates highly variable airflow patterns. BAS also
specifically stated that at low speed for the basic models in
question, the air speed is so low that the acceptable variance under
the stability criteria (often less than 2 feet per minute) falls
below the required accuracies for airflow sensors in section 3.3.2
of Appendix U (i.e., the fans specified by BAS cannot be tested
according the required test procedure). DOE understands that the
cost of sensors to obtain the resolution needed at the very low
speeds would be substantial. DOE is unaware of similar issues when
testing at high speed. In the ceiling fan test procedure final rule,
DOE observed that across nearly 40 fans tested at high speed, no
sensors recorded an average velocity at levels low enough that the
acceptable variance under the stability criteria fell below the
required accuracies for airflow sensors in section 3.3.2 of Appendix
U (i.e., the average velocities were greater than 40 feet per
minute). 81 FR 48620, 48628 (July 25, 2016). If Hunter has any test
data indicating a problem with the stability criteria at high speed,
DOE would consider that data in determining whether any changes to
the test procedure would be appropriate.
Regarding Hunter's recommendation to require stability for
airflow instead of air velocity to determining test room stability,
under the current DOE test procedure, air velocity is measured at
each sensor along the sensor arm, and airflow is calculated based on
these measurements. The air velocity measurements indicate both the
amount and location of air provided by the fan within the effective
area (i.e., the air profile). DOE found that large variations in air
profile often indicate test room instability (e.g., localized
temperature gradients that effect airflow). Applying stability
criteria to the air velocity measurements ensures that successive
sets of measurements result in similar air profiles, which is
indicative of test room stability. DOE has observed that the
stability criteria applied only to airflow could be met with large
variations in air profile (i.e., at unstable test room conditions).
This allows for airflow, and in turn fan efficiency, to vary
significantly between multiple tests of the same fan because stable
airflow can be achieved at varied test room conditions. If Hunter
has any test data regarding the sufficiency of using airflow to
conclude test room stability, however, DOE may consider stability
criteria using airflow in a future rulemaking.
BAS's petition requested a waiver from the test procedure
applicable to the specified ceiling fans only in regard to the
stability criteria for testing at low speed. DOE reviewed the
manufacturer specifications and test data provided by BAS. DOE
concluded that the data demonstrated that the basic models specified
in the petition cannot be tested under the DOE test procedure
because when testing the basic models at low speed, the air speed is
so low that the acceptable variance under the stability criteria
(often less than 2 feet per minute) falls below the required
accuracies for airflow sensors in section 3.3.2 of Appendix U. This
Decision and Order grants an alternate test procedure for low speed
only.
DOE understands that absent a waiver, the basic models
identified by BAS in its petition cannot be tested and rated for
energy consumption on a basis representative of their true energy
consumption characteristics. DOE has reviewed the recommended
procedure suggested by BAS and concludes that it will allow for the
accurate measurement of the energy use of the basic model, while
alleviating the testing problems associated with BAS's
implementation of DOE's applicable ceiling fan test procedure for
the specified basic models. In the Decision and Order, DOE is
requiring that BAS test and rate the ceiling fan basic models for
which it has requested a waiver according to the alternate test
procedure specified in the Decision and Order, which is identical to
the procedure provided in the interim waiver
In its petition BAS sought a test procedure waiver for certain
basic models. This Decision and Order is applicable only to BAS and
only to the basic models listed and does not extend to any other
basic models.
BAS may request that the scope of this waiver be extended to
include additional basic models that employ the same technology as
those listed in this waiver. 10 CFR 430.27(g). BAS may also submit
another petition for waiver from the test procedure for additional
basic models that employ a different technology and meet the
criteria for test procedure waivers. 10 CFR 430.27(a)(1).
DOE notes that it may modify the waiver at any time upon DOE's
determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from
the alternate test procedure are unrepresentative of the basic
models' true energy consumption characteristics. 10 CFR
430.27(k)(1). Likewise, BAS may request that DOE rescind or modify
the waiver if the company discovers an error in the information
provided to DOE as part of its petition, determines that the waiver
is no longer needed, or for other appropriate reasons. 10 CFR
430.27(k)(2).
III. Consultations with Other Agencies
In accordance with 10 CFR 430.27(f)(2), DOE consulted with the
Federal Trade Commission (``FTC'') staff concerning the BAS petition
for waiver. The FTC staff did not have any objections to granting a
waiver to BAS.
IV. Order
After careful consideration of all the material that was
submitted by BAS and commenters in this matter, it is ORDERED that:
(1) BAS must, as of the date of publication of this Order in the
Federal Register, test and rate the following ceiling fan basic
models with the alternate test procedure as set forth in paragraph
(2):
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Brand Name Basic Model
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Isis................................ F-IS2-0601S4
Isis................................ F-IS2-0601
Isis................................ F-IS2-0401L8S4
Isis................................ F-IS2-0401L8
Isis................................ F-IS2-0401I06L8S4
Isis................................ F-IS2-0401I06L8
Isis................................ F-IS2-0501L8S4
Isis................................ F-IS2-0501L8
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[[Page 52216]]
(2) The alternate test procedure for the BAS basic models listed
in paragraph (1) of this Order is the test procedure for ceiling
fans prescribed by DOE at 10 CFR part 430, subpart B, appendix U,
except that under section 3.3.2 of appendix U, the stability
criteria for low speed is relaxed from 5 percent to 10 percent. The
alternative test procedure shall apply as follows:
3.3.2 Airflow and Power Consumption Testing Procedure
Measure the airflow (CFM) and power consumption (W) for HSSD
ceiling fans until stable measurements are achieved, measuring at
high speed only. Measure the airflow and power consumption for LSSD
ceiling fans until stable measurements are achieved, measuring first
at low speed and then at high speed. Airflow and power consumption
measurements are considered stable for high speed if:
(1) The average air velocity for all axes for each sensor varies
by less than 5% compared to the average air velocity measured for
that same sensor in a successive set of air velocity measurements,
and
(2) Average power consumption varies by less than 1% in a
successive set of power consumption measurements.
Airflow and power consumption measurements are considered stable
for low speed if:
(1) The average air velocity for all axes for each sensor varies
by less than 10% compared to the average air velocity measured for
that same sensor in a successive set of air velocity measurements,
and
(2) Average power consumption varies by less than 1% in a
successive set of power consumption measurements.
(3) Representations. BAS may not make representations about the
efficiency of the basic models identified in paragraph (1) of this
Order for compliance, marketing, or other purposes unless the basic
model has been tested in accordance with the provisions set forth
above and such representations fairly disclose the results of such
testing in accordance with 10 CFR part 430, subpart B, appendix U
and 10 CFR 429.32, as specified in this Order.
(4) This waiver shall remain in effect according to the
provisions of 10 CFR 430.27.
(5) This waiver is issued on the condition that the statements,
representations, and documentation provided by BAS are valid. If BAS
makes any modifications to the configuration of these basic models,
the waiver will no longer be valid and BAS will either be required
to use the current Federal test method or submit a new application
for a test procedure waiver. DOE may revoke or modify this waiver at
any time if it determines the factual basis underlying the petition
for waiver is incorrect, or the results from the alternate test
procedure are unrepresentative of the basic models' true energy
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, BAS may
request that DOE rescind or modify the waiver if BAS discovers an
error in the information provided to DOE as part of its petition,
determines that the waiver is no longer needed, or for other
appropriate reasons. 10 CFR 430.27(k)(2).
(6) Granting of this waiver does not release BAS from the
certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on October 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency
and Renewable Energy.
[FR Doc. 2018-22476 Filed 10-15-18; 8:45 am]
BILLING CODE 6450-01-P