[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29186-29190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13216]


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DEPARTMENT OF ENERGY

[Case Number 2018-007; EERE-2018-BT-WAV-0011]


Energy Conservation Program: Decision and Order Granting a Waiver 
to Beghelli From the Department of Energy Illuminated Exit Sign 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 2018-007) that grants to Beghelli North 
America (``Beghelli'') a waiver from specified portions of the DOE test 
procedure for determining the energy consumption of specified basic 
models of illuminated exit signs. Beghelli is required to test and rate 
the specified basic models in accordance with the alternate test 
procedure set forth in the Decision and Order.

DATES: The Decision and Order is effective on June 21, 2019. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for illuminated exit signs 
located at 10 CFR 431.204 that addresses the issues presented in this 
waiver. At such time, Beghelli must use the relevant test procedure for 
this equipment for any testing to demonstrate compliance with the 
applicable 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].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants Beghelli a waiver from the applicable test procedure at 10 
CFR 431.204 for specified basic models of illuminated exit signs, and 
requires that Beghelli test and rate such equipment using the alternate 
test procedure specified in the Decision and Order. Beghelli's 
representations concerning the energy consumption 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 
consumption of this equipment. (42 U.S.C. 6293(c))
    Consistent with 10 CFR 431.401(j), not later than August 20, 2019, 
any manufacturer currently distributing in commerce in the United 
States equipment 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 equipment in commerce in the United States must petition for and 
be granted a waiver prior to the distribution in commerce of that 
equipment in the United States. Manufacturers may also submit a request 
for interim waiver pursuant to the requirements of 10 CFR 431.401.

    Signed in Washington, DC, on June 7, 2019.
Alexander Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

Case Number 2018-007

Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA''),\1\ authorizes the U.S. Department of Energy (``DOE'') to 
regulate the energy efficiency of a number of consumer products and 
industrial equipment. (42 U.S.C. 6291-6317) 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 illuminated exit signs, the focus of 
this document. (42 U.S.C. 6291(37); 42 U.S.C. 6295(w))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 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

[[Page 29187]]

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 illuminated exit signs is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR 431.204, ``Uniform test method 
for the measurement of energy consumption of illuminated exit signs.'' 
\3\
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    \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).
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    Under 10 CFR 431.401, 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 431.401(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

II. Beghelli's Petition for Waiver: Assertions and Determinations

    By letter with attachment dated June 26, 2018, Beghelli filed a 
petition for waiver from the illuminated exit sign test procedure set 
forth in 10 CFR 431.204. (Beghelli, No. 1 at pp. 1-6) \4\ Beghelli 
requested a waiver for basic models that provide the dual function of 
exit signage and lighting for emergency egress (combination illuminated 
exit signs) \5\, 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. Beghelli 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-2018-BT-WAV-0011) (available at https://www.regulations.gov/document?D=EERE-2018-BT-WAV-0011-0001) This notation indicates that 
the statement preceding the reference is document number 1 in the 
docket and appears at pages 2-4 of that document.
    \5\ DOE uses the term ``combination illuminated exit sign'' in 
this notice to mean an illuminated exit sign that includes or is 
packaged with (1) at least one auxiliary feature and (2) a battery 
electrically connected to the illumination source for the face.
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    As an alternate to the test procedure currently in place at 10 CFR 
431.204, Beghelli requested that it be permitted to determine the power 
consumption for its combination illuminated exit signs using the 
following procedure:
    1. Measure AC input power of the complete unit of combination 
illuminated exit sign with a fully charged battery.
    2. Measure the DC output voltage and current to the light source of 
the unit.
    3. Calculate the AC power consumption of the light source of the 
unit by applying a power factor correction of 30 percent as worst-case 
scenario. (Beghelli asserted that it arrived at this value based on its 
view that the circuitry design would not produce a loss exceeding 30 
percent.)
    4. If needed, calculate the stand-by power for the unit when the 
battery is fully charged using the following equation: Stand-by Power = 
Input Power (from Item 1) - Power of Basic Exit Sign Light Source (from 
Item 3).
    On February 6, 2019, DOE published a notice announcing its receipt 
of the petition for waiver. 84 FR 2194 (``Notice of Petition for 
Waiver''). In the Notice of Petition for Waiver, DOE reviewed the 
alternate test procedure suggested by Beghelli. The suggested alternate 
procedure would measure the output power of the exit sign and apply 
conversion losses to back-calculate the input power to the exit sign. 
This approach would require assumptions that would likely result in an 
uncertainty of measured values. Beghelli contended that the input to 
output power conversion losses of all basic models under consideration 
would not exceed 30 percent. However, Beghelli's petition did not 
provide a sufficient basis for the 30-percent value. With the 
differences in battery types and sizes used in the various basic models 
addressed by the waiver request, it was not evident from the petition 
that the 30-percent value would apply across all the basic models of 
illuminated exit sign models identified in Beghelli's petition. 
Additionally, as DOE explained in the Notice of Petition for Waiver, it 
was unclear from the limited information provided by Beghelli in its 
petition whether the measurement of the DC output voltage and current 
measurement in Beghelli's suggested alternative testing method would 
result in a power measurement that could only be attributable to the 
light sources of the exit sign, without resorting to additional steps 
such as cutting wires or otherwise modifying the equipment's circuitry. 
84 FR 2194, 2195. Accordingly, in light of the uncertainty regarding 
the basis for Beghelli's assumptions and the absence of any clarifying 
supplemental information from the company in support of those 
assumptions, DOE initially determined in its Notice of Petition for 
Waiver that the alternative test procedure suggested by Beghelli (i.e., 
to use the estimated conversion losses in conjunction with a 
measurement for which it is uncertain whether the power consumption of 
the light source(s) of the exit sign is isolated) would not likely 
accurately calculate the combination illuminated exit sign input power 
demand of the affected basic models. 84 FR 2194, 2195-2196.
    As an alternate to Beghelli's suggested approach, in the Notice of 
Petition for Waiver, DOE proposed that the company apply an alternate 
testing method that would not require application of conversion losses 
and, instead, would rely on a more direct measurement of the input 
power consumption attributable to the light source(s) of the exit sign. 
84 FR 2194, 2195. Under this alternate test

[[Page 29188]]

procedure, the manufacturer would determine the input power demand of a 
unit of the basic model by testing an equivalent \6\ unit of a non-
combination illuminated exit sign. This approach is similar to an 
alternate test procedure approved by DOE for use in the waiver granted 
to Acuity Brands Lighting Inc. for similar equipment. 83 FR 11740 
(March 16, 2018).
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    \6\ A unit of a non-combination illuminated exit sign is 
equivalent only if it consists entirely of electricity-consuming 
components identical to all of those of the unit of the combination 
illuminated exit sign basic model, but does not include any 
auxiliary features, and contains an electrically-connected battery.
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    In the Notice of Petition for Waiver, DOE also solicited comments 
from interested parties on all aspects of the petition and Beghelli's 
suggested alternate method as well as DOE's proposed alternate method. 
84 FR 2194, 2196. DOE received no comments in response to the Notice of 
Petition for Waiver.
    For the reasons explained here and in the Notice of Petition for 
Waiver, absent a waiver, the basic models identified by Beghelli 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 Beghelli and 
concludes that it will not allow for the accurate measurement of the 
energy use of the combination illuminated exit sign, while alleviating 
the testing problems associated with Beghelli's implementation of DOE's 
applicable illuminated exit sign test procedure for the specified basic 
models. No comment or additional information was received in response 
to the Notice of Petition for Waiver. As such, for the reasons 
discussed, the following main issues with Beghelli's alternative test 
procedure remain unresolved: (1) Assumptions of conversion losses and 
(2) no non-destructive method of isolating the power consumption to the 
light source(s) of the exit sign.
    Based on DOE's review of product specification sheets of the basic 
models for which Beghelli seeks a waiver, it appears that there are 
units of non-combination illuminated exit signs equivalent to units of 
these basic models. Thus, DOE is requiring that Beghelli test and rate 
specified combination illuminated exit sign basic models according to 
the alternate test procedure involving testing units of equivalent non-
combination illuminated exit signs. Using this method, for each 
combination illuminated exit sign unit selected, Beghelli must assign 
the measured input power demand of a separate corresponding equivalent 
non-combination unit. For example, if DOE regulations require testing 
of two units, Beghelli must identify and measure the input power demand 
of two equivalent non-combination units, and assign the measured input 
power of each unit to each of the two combination units, respectively. 
In those instances where only a single, non-combination unit is 
available, Beghelli would be required to measure the input power demand 
of that single unit and assign the measured input power to the 
combination unit. See generally 10 CFR 429.48(a) and 10 CFR 
429.11(b)(2).
    The alternate test procedure provided by DOE and specified in this 
Decision and Order is substantively the same as that detailed in the 
Notice of Petition for Waiver.
    This Decision and Order applies only to the basic models listed and 
does not extend to any other basic models. DOE evaluates and grants 
waivers for only those basic models specifically set out in the 
petition, not future models that may be manufactured by the petitioner.
    Beghelli 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 431.401(g). Beghelli 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 431.401(a)(1).
    DOE notes that it may modify or rescind 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 431.401(k)(1). Likewise, 
Beghelli 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 431.401(k)(2). As set forth above, 
the test procedure specified in this Decision and Order is not the same 
as the test procedure offered by Beghelli. If Beghelli believes that 
the alternate test method it suggested provides representative results 
and is less burdensome than the test method required by this Decision 
and Order, Beghelli may submit a request for modification under 10 CFR 
431.401(k)(2) that addresses the concerns that DOE has specified with 
that procedure. Beghelli may also submit another less burdensome 
alternative test procedure not expressly considered in this notice 
under the same provision.

III. Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (``FTC'') staff 
concerning Beghelli's petition for waiver. The FTC staff did not have 
any objections to DOE granting a waiver to Beghelli for the specified 
basic models.

IV. Order

    After careful consideration of all the material submitted by 
Beghelli, the various public-facing materials (e.g., marketing 
materials, product specification sheets, and installation manuals) for 
the units identified in the petition, in this matter, it is ordered 
that:
    (1) Beghelli must, as of the date of publication of this Order in 
the Federal Register, test and rate the following RBO-C combination 
illuminated exit sign basic models with the alternate test procedure as 
set forth in paragraph (2) of this Order:

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               Brand name                        Basic model No.
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Beghelli...............................  RBO-C-6-36-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-42-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-54-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-60-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-72-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-90-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-100-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-120-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-36-LG1-U-W-2LRWP-9W

[[Page 29189]]

 
Beghelli...............................  RBO-C-6-42-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-54-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-60-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-72-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-90-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-100-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-120-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-36-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-42-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-60-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-90-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-120-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-130-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-140-LR1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-36-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-42-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-60-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-90-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-120-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-130-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-12-140-LG1-U-W-2LRWP-9W
Beghelli...............................  RBO-C-6-36-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-42-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-54-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-60-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-72-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-90-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-100-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-120-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-36-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-42-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-54-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-60-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-72-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-90-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-100-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-120-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-36-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-42-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-60-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-90-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-120-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-130-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-140-LR1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-36-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-42-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-60-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-90-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-120-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-130-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-12-140-LG1-U-W-2LRWP-18W
Beghelli...............................  RBO-C-6-36-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-42-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-54-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-60-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-72-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-90-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-100-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-120-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-36-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-42-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-54-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-60-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-72-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-90-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-100-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-6-120-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-36-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-42-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-60-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-90-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-120-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-130-LR1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-140-LR1-U-W-2LRWP-8W

[[Page 29190]]

 
Beghelli...............................  RBO-C-12-36-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-42-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-60-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-90-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-120-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-130-LG1-U-W-2LRWP-8W
Beghelli...............................  RBO-C-12-140-LG1-U-W-2LRWP-8W
------------------------------------------------------------------------

    (2) The alternate test procedure for the Beghelli basic models 
referenced in paragraph (1) of this Order is the test procedure for 
illuminated exit signs prescribed by DOE at 10 CFR 431.204 except use 
the following instructions in place of 10 CFR 431.204(b):
    Determine the energy efficiency of each combination illuminated 
exit sign unit under test (``combination unit'') by conducting the test 
procedure, as follows:
    (i) Identify a unit of a non-combination illuminated exit sign 
(``non-combination unit'') equivalent to the combination unit. A non-
combination unit is equivalent only if it consists entirely of 
electricity-consuming components identical to all of those of the 
combination unit, but does not include any auxiliary features, and 
contains an electrically connected battery. The equivalent non-
combination unit must also have the same manufacturer and number of 
faces as the combination unit.
    (ii) Test the equivalent non-combination unit using the DOE test 
procedure at 10 CFR, part 431, subpart L.
    (iii) Assign the measured input power demand of the non-combination 
unit as the input power demand of the combination unit.
    (3) Representations. Beghelli may not make representations about 
the energy use of the basic models referenced 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.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 431.401.
    (5) This waiver is issued on the condition that the statements, 
representations, and documents provided by Beghelli are valid. If 
Beghelli makes any modifications to the controls or configurations of a 
basic model referenced in paragraph (1), the waiver will no longer be 
valid for that basic model and Beghelli will either be required to use 
the current Federal test method or submit a new application for a test 
procedure waiver. DOE may rescind or modify this waiver at any time if 
it determines that 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 431.401(k)(1). Likewise, Beghelli may request 
that DOE rescind or modify the waiver if Beghelli 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 431.401(k)(2).
    (6) Granting of this waiver does not release Beghelli from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on June 7, 2019.

Alexander Fitzsimmons,

Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

[FR Doc. 2019-13216 Filed 6-20-19; 8:45 am]
 BILLING CODE 6450-01-P