[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Notices]
[Pages 44607-44610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18298]


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DEPARTMENT OF ENERGY

[Case Number 2019-003; EERE-2019-BT-WAV-0007]


Energy Conservation Program: Petition for Waiver of Signify North 
America Corporation 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 comments.

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SUMMARY: This document announces receipt of and publishes a petition 
for waiver from Signify North America Corporation (Signify), which 
seeks a waiver from the U.S. Department of Energy (DOE) test procedure 
used for determining the energy consumption of specified illuminated 
exit sign basic models. Signify seeks to use an alternate test 
procedure to address issues involved in testing the basic models 
identified in its petition. Signify contends that the design 
characteristics of its combination illuminated exit sign basic models 
prevent testing in accordance with the DOE test procedure and suggests 
an alternate test procedure approved by DOE in a previous waiver for 
similar equipment. DOE solicits comments, data, and information 
concerning Signify's petition and its suggested alternate test 
procedure to inform its decision on Signify's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before September 25, 2019.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2019-003,'' and Docket number ``EERE-2019-BT-WAV-0007,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Case No. 
2019-003 in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. 2019-003, 1000 Independence Avenue SW, Washington, DC 
20585-0121. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th floor, Washington, DC 20024. If possible, please 
submit all items on a ``CD,'' in which case it is not necessary to 
include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://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.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0007. The docket web page contains simple 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, 
Washington, DC 20585-0121. Email: [email protected]. Mr. 
Jennifer Tiedeman, 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)-287-6111. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 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

[[Page 44608]]

procedures prescribed or amended under this section must be reasonably 
designed to produce test results which reflect the 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\ [thinsp]Although illuminated exit signs are covered products 
pursuant to EPCA, as a matter of administrative convenience and to 
minimize confusion among interested parties, DOE codified 
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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    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). 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 characteristics. 10 CFR 
431.401(b)(1)(iii).
    DOE may grant the 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. 10 CFR 431.401(l) As soon thereafter as practicable, DOE will 
publish in the Federal Register a final rule. Id.
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 431.401(h)(2).

II. Signify's Petition for Waiver

    On March 5, 2019, Signify filed a petition for waiver from the test 
procedure applicable to illuminated exit signs set forth at 10 CFR 
431.204. On April 4, 2019, Signify submitted an updated petition, 
identifying additional basic models.\4\ In its petition, Signify 
requests a waiver for certain ``Chloride by Signify'' and ``Chloride'' 
branded basic models of illuminated exit signs, typically known as 
combination exit signs (i.e., they include components such as egress/
emergency lighting that require a larger battery than do exit signs 
that do not have these components).\5\ Signify contends that the design 
characteristics of these basic models prevent testing in accordance 
with the DOE test procedure. Signify states that DOE's test method 
measures the input power required to illuminate the exit signage, and 
that the test procedure does not contemplate those basic models that 
include emergency egress lighting. Signify further states that the 
design of its basic models that incorporate emergency lighting does not 
allow for a separate measurement of power associated with only the exit 
signage portion of the models.
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    \4\ The petition submitted on April 4, 2019 is identical to the 
March 5, 2019 petition (including the date) except as to the 
identification of additional basic models, is reprinted at the end 
of this document.
    \5\ The eighteen total basic models identified by Signify are as 
follows: HZ618RIC, HZ636RIC, HZ672RIC, HZ618R1IC, HZ636R1IC, 
HZ672R1IC, HZ618R2IC, HZ636R2IC, HZ672R2IC, HZ618GIC, HZ636GIC, 
HZ672GIC, HZ618G1IC, HZ636G1IC, HZ672G1IC, HZ618G2IC, HZ636G2IC, and 
HZ672G2IC. However, six of these basic models (HZ618RIC, HZ636RIC, 
HZ672RIC, HZ618GIC, HZ636GIC, and HZ672GIC) are ``no-lamp head'' 
basic models, which are not combination illuminated exit signs 
(i.e., they do not have egress lighting) and are therefore would not 
be subject to any waiver, if granted.
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III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of illuminated exit signs covered by the statute. (42 
U.S.C. 6293(c)) Consistent representations are important for 
manufacturers to use in making representations about the energy 
efficiency of their illuminated exit signs and to demonstrate 
compliance with applicable DOE energy conservation standards. Pursuant 
to its regulations applicable to waivers from applicable test 
procedures at 10 CFR 431.401, and after consideration of public 
comments on the petition, DOE will consider setting an alternate test 
procedure for the equipment identified by Signify in a subsequent 
Decision and Order.
    Signify seeks to use an alternate test procedure to test and rate 
the specified illuminated exit sign basic models. Signify suggests the 
alternate test method set forth by DOE in the notice of Decision and 
Order published in response to a request for waiver by Acuity Brands 
Lighting for certain illuminated exit sign basic models (case number 
IES-001; hereafter, Acuity Waiver D&O). 83 FR 11740 (March 16, 2018).
    Signify suggests that the following method set forth in the Acuity 
Waiver DO is applicable to its basic models: Measuring the input power 
of an equivalent non-combination illuminated exit sign, per the DOE 
test procedure, and assigning the measured input power to the basic 
model at issue. 83 FR 11740, 11742. An equivalent non-combination 
illuminated exit sign is one in which the electricity-consuming 
components are identical to all of those of the unit whose input power 
demand is being determined, but one that does not include any auxiliary 
features, and contains an electrically connected battery. Signify 
states that the basic models for which the waiver is requested have 
equivalent non-combination illuminated exit sign basic models.

IV. DOE's Proposed Alternate Test Procedure

    DOE has reviewed Signify's application for a waiver, the alternate 
test procedure requested by Signify, and product specification sheets 
for the basic models under request for waiver. Six of these basic 
models are not combination illuminated exit signs, and are therefore 
would not be subject to any waiver, if granted. The specified basic 
models that are combination illuminated exit signs provide the dual 
function of exit signage and lighting for emergency egress. Based on 
DOE's review of combination exit sign circuitry, DOE has tentatively 
determined that measuring only the input power attributable to 
illumination of the exit signage is either not possible, or that doing 
so would require destructive disassembly such as cutting of wires and 
modifying the circuitry of the combination exit sign, thereby altering 
the product being tested.
    As mentioned in section III, in its petition Signify suggests the 
use of the alternate test method set forth in the Acuity Waiver D&O 
that involves testing equivalent non-combination illuminated exit 
signs. 83 FR 11740, 11742. DOE has identified equivalent non-
combination illuminated exit sign basic models for the basic models 
listed in Signify's petition for waiver. Hence, for basic

[[Page 44609]]

models HZ618R1IC, HZ636R1IC, HZ672R1IC, HZ618R2IC, HZ636R2IC, 
HZ672R2IC, HZ618G1IC, HZ636G1IC, HZ672G1IC, HZ618G2IC, HZ636G2IC, and 
HZ672G2IC as listed in Signify's petition for waiver, DOE proposes the 
following alternate test method:
    (a) 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.
    (b) Test the equivalent non-combination unit using the DOE test 
procedure at 10 CFR part 431, subpart L.
    (c) Assign the measured input power demand of the non-combination 
unit as the input power demand of the combination unit.
    Using this method, for each combination illuminated exit sign unit 
selected, Signify 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, Signify 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, Signify is 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).
    Based on this review, the alternate test procedure appears to allow 
for the accurate measurement of energy consumption of this equipment, 
while alleviating the testing problems associated with Signify's 
implementation of illuminated exit sign testing for the basic models 
specified in its petition.

V. Request for Comments

    DOE is publishing Signify's petition for waiver in its entirety, 
pursuant to 10 CFR 431.401(b)(1)(iv).\6\ The petition includes the 
basic models for which Signify is requesting the waiver and Signify's 
suggested alternate test procedure to determine the efficiency of those 
specified models, as discussed in section III of this document.
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    \6\ The petition did not identify any of the information 
contained therein as confidential business information.
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    DOE invites all interested parties to submit in writing by 
September 25, 2019, comments and information on all aspects of the 
petition, including the alternate 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 Gary Grant, Signify North America Corporation, 
Tupelo, MS 38804.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to https://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

[[Page 44610]]

    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Signed in Washington, DC, on August 16, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
Requestor: Signify North America Corporation

To: U.S. Department of Energy
    Building Technologies Program
    Test procedure waiver

Date 3/5/2019

Subject: Petition for Waiver from Test Procedure as described in 10 
CFR 431, Subpart L for Illuminated Exit Signs

    Signify North America Corporation is petitioning for a waiver to 
the test method described in 10 CFR 430.204 for Illuminated Exit 
Signs. This waiver request applies to the Chloride by Signify or 
Chloride branded ``HZ'' series Combination Exit Sign and Unit 
Equipment products, otherwise known as Combos. This petition is 
based on the grounds that the design of this product prevents 
testing as described in accordance with the designated procedure.
    1. This petition for waiver includes Basic model numbers 
HZ672R2IC and HZ672G2IC and the models listed in the Appendix.
    2. These models may be sold under the brand name Chloride or 
Chloride by Signify. Whereas the provision 10 CFR 430.204 references 
Energy Star V. 2.0 for the Input Power Measurement test method, that 
method is for Exit Signs alone and not for these basic models which 
also incorporate Unit Equipment for emergency lighting. This design 
does not allow for a seperate measurement for only the Exit Sign 
portion of the equipment.
    3. The manufacturers that distribute models similar to the 
Chloride by Signify models are:
    Acuity Brands
    Beghelli
    4. We propose using the same alternate test method as described 
in the DOE Notice of decision and order for Case Number IES-001 and 
published in the Federal Register/Vol. 83, No. 52/ Friday, March 16, 
2018. The order for the alternate method is set forth in Part IV, 
section (2) (b). Our product design is such that the Exit Sign 
portion of this Combination Exit Sign and Unit Equipment is 
equivalent to our basic Exit Sign as described in the DOE guidelines 
in section (2) (a).
    We thank you for your attention to this and we await your 
response.

Gary Grant
Development Engineer
Exit & Emergency
Signify North America Corporation
Tupelo, MS
662-690-4131

APPENDIX

Models

HZ618RIC 6V, 18W, Red, no Lamp heads
HZ636RIC 6V, 36W, Red, no Lamp heads
HZ672RIC 6V, 72W, Red, no Lamp heads
HZ618R1IC 6V, 18W, Red, 1 Lamp head
HZ636R1IC 6V, 36W, Red, 1 Lamp head
HZ672R1IC 6V, 72W, Red, 1 Lamp head
HZ618R2IC 6V, 18W, Red, 2 Lamp heads
HZ636R2IC 6V, 36W, Red, 2 Lamp heads
HZ672R2IC 6V, 72W, Red, 2 Lamp heads
HZ618GIC 6V, 18W, Green, no Lamp heads
HZ636GIC 6V, 36W, Green, no Lamp heads
HZ672GIC 6V, 72W, Green, no Lamp heads
HZ618G1IC 6V, 18W, Green, 1 Lamp head
HZ636G1IC 6V, 36W, Green, 1 Lamp head
HZ672G1IC 6V, 72W, Green, 1 Lamp head
HZ618G2IC 6V, 18W, Green, 2 Lamp heads
HZ636G2IC 6V, 36W, Green, 2 Lamp heads
HZ672G2IC 6V, 72W, Green, 2 Lamp heads

[FR Doc. 2019-18298 Filed 8-23-19; 8:45 am]
 BILLING CODE 6450-01-P