[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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))
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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)
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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):

 
------------------------------------------------------------------------
             Brand Name                           Basic Model
------------------------------------------------------------------------
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
------------------------------------------------------------------------


[[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