[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Proposed Rules]
[Pages 51440-51466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20827]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 /
Proposed Rules
[[Page 51440]]
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE-2013-BT-TP-0050]
RIN 1904-AD88
Energy Conservation Program: Test Procedure for Ceiling Fans
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and request for comment.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to amend its test
procedures for ceiling fans established under the Energy Policy and
Conservation Act. On July 25, 2016, DOE published a final rule amending
the test procedure for ceiling fans to support the ceiling fans energy
conservation standards rulemaking. In this notice of proposed
rulemaking (NOPR), DOE proposes to: Interpret the term ``suspended from
a ceiling'' in the EPCA definition of ceiling fan to mean offered for
mounting only on a ceiling; specify that very small-diameter (VSD)
ceiling fans that do not also meet the definition of low-speed small-
diameter (LSSD) ceiling fan are not required to be tested pursuant to
the DOE test method; for LSSD and VSD ceiling fans, increase the
tolerance for the stability criteria for the average air velocity
measurements in low speed to reduce test burden; specify that large-
diameter ceiling with blade spans greater than 24 feet do not need to
be tested pursuant to the DOE test method; codify current guidance on
calculating several values reported on the U.S. Federal Trade
Commission's (FTC) EnergyGuide label for LSSD and VSD ceiling fans
using results from the ceiling fan test procedures; and amend
certification requirements and product-specific enforcement provisions
to reflect the current test procedures and recently amended energy
conservation standards for ceiling fans.
DATES:
Comments: Written comments and information are requested and will
be accepted on or before November 29, 2019. See section V, ``Public
Participation,'' for details.
Meeting: DOE will hold a public meeting on Wednesday, October 16,
2019 from 10:00 a.m. to 5:00 p.m.
ADDRESSES:
Meeting: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW,
Washington, DC 20585. The meeting will also be broadcast as a webinar.
See section V, ``Public Participation,'' for webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants.
Comments: Interested persons are encouraged to submit comments
using the Federal eRulemaking Portal at http://www.regulations.gov.
Follow the instructions for submitting comments. Alternatively,
interested persons may submit comments, identified by docket number
EERE-2013-BT-TP-0050 or regulatory information number (RIN) 1904-AD88,
by any of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Email: [email protected]. Include the docket number EERE-
2013-BT-TP-0050 or regulatory information number (RIN) 1904-AD88 in the
subject line of the message.
(3) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(CD), in which case it is not necessary to include printed copies.
(4) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. 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 the
rulemaking process, see section V of this document (Public
Participation).
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at http://www.regulations.gov. All documents in the docket are
listed in the http://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 http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0050. The docket web page contains
simple instructions on how to access all documents, including public
comments, in the docket. See section V for information on how to submit
comments through http://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, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1604. Email: [email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7796. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the
following industry standard into 10 CFR part 430:
ANSI/AMCA Standard 230-15 (``AMCA 230-15''), ``Laboratory Methods
of Testing Air Circulating Fans for Rating and Certification,'' ANSI
approved October 16, 2015.
A copy of this standard is available from Air Movement and Control
Association International, Inc. (AMCA), 30 West University Drive,
Arlington Heights, IL 60004, (847) 394-0150, or by
[[Page 51441]]
going to http://www.amca.org/store/item.aspx?ItemId=81.
For a further discussion of this standard, see section IV.N.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Scope of Applicability
B. Proposal for VSD Ceiling Fans
C. Proposed Alternate Stability Criteria for Average Air
Velocity Measurements
D. Calculation Methodology for Values Reported on the
EnergyGuide Label
1. FTC Airflow
2. FTC Energy Use
3. FTC Estimated Yearly Energy Cost
E. Proposal for Large-Diameter Ceiling Fans With Blade Spans
Greater Than 24 Feet
F. Certification Requirements
G. Product-Specific Enforcement Provisions
H. Compliance Dates and Waivers
I. Test Procedure Costs and Impact
1. Cost Impacts for Scope
2. Cost Impacts for Stability Criteria
3. Potential Cost Impacts if the Low Speed Criteria Definition
Is Modified
4. Cost Impacts for Other Test Procedure Amendments
J. Other Test Procedure Topics
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Orders 13771 and 13777
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General Government Appropriations
Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
N. Description of Materials Incorporated by Reference
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
DOE is authorized to establish and amend energy conservation
standards and test procedures for ceiling fans. (42 U.S.C.
6293(b)(16)(A)(i) and (B), and 6295(ff)) DOE's energy conservation
standards and test procedures for ceiling fans are currently prescribed
at 10 CFR 430.32(s)(1) and (2), and 10 CFR 430.23(w), respectively. The
following sections discuss DOE's authority to establish test procedures
for ceiling fans and relevant background information regarding DOE's
consideration of test procedures for this product.
A. Authority
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ among other things, authorizes DOE to regulate the
energy efficiency of a number of consumer products and certain
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. These consumer products include
ceiling fans, the subject of this document. (42 U.S.C. 6291(49),
6293(b)(16)(A)(i) and (B), and 6295(ff))
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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 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 under EPCA, and (2) making
representations about the efficiency of those products. (42 U.S.C.
6295(s) and 6293(c)) Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (See
42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption
for particular State laws or regulations, in accordance with the
procedures and other provisions of EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must 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 that measure energy efficiency, energy use or estimated annual
operating cost of a covered product during a representative average use
cycle or period of use, and not be unduly burdensome to conduct. (42
U.S.C. 6293(b)(3))
In addition, EPCA requires that DOE amend its test procedures for
all covered products to integrate measures of standby mode and off mode
energy consumption. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off
mode energy consumption must be incorporated into the overall energy
efficiency, energy consumption, or other energy descriptor for each
covered product unless the current test procedures already account for
and incorporate standby and off mode energy consumption or such
integration is technically infeasible. If an integrated test procedure
is technically infeasible, DOE must prescribe a separate standby mode
and off mode energy use test procedure for the covered product, if
technically feasible. (U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment
must consider the most current versions of the International
Electrotechnical Commission (IEC) Standard 62301 \3\ and IEC Standard
62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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\3\ IEC 62301, Household electrical appliances--Measurement of
standby power (Edition 2.0, 2011-01).
\4\ IEC 62087, Methods of measurement for the power consumption
of audio, video, and related equipment (Edition 3.0, 2011-04).
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If DOE determines that a test procedure amendment is warranted, it
must publish proposed test procedures and offer the public an
opportunity to present oral and written comments on them. (42 U.S.C.
6293(b)(2)) EPCA also requires that, at least once every 7 years, DOE
review test procedures for each type of covered product, including
ceiling fans, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle or period of use. (42 U.S.C. 6293(b)(1)(A)) If the Secretary
determines, on his own behalf or in
[[Page 51442]]
response to a petition by any interested person, that a test procedure
should be prescribed or amended, the Secretary shall promptly publish
in the Federal Register proposed test procedures and afford interested
persons an opportunity to present oral and written data, views, and
arguments with respect to such procedures. The comment period on a
proposed rule to amend a test procedure shall be at least 60 days and
may not exceed 270 days. In prescribing or amending a test procedure,
the Secretary shall take into account such information as the Secretary
determines relevant to such procedure, including technological
developments relating to energy use or energy efficiency of the type
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)) If DOE
determines that test procedure revisions are not appropriate, DOE must
publish notice in Federal Register of its determination not to amend
the test procedure. (42 U.S.C. 6293(b)(1)(A))
B. Background
DOE's existing test procedures for ceiling fans appear at 10 CFR
part 430, subpart B, appendix U, Uniform Test Method for Measuring the
Energy Consumption of Ceiling Fans (hereafter ``Appendix U'').
DOE published a final rule in the Federal Register on July 25, 2016
(hereafter the ``July 2016 CF TP final rule''), which amended test
procedures for ceiling fans in Appendix U. 81 FR 48620. In this
document, DOE proposes amendments to the test procedure based generally
on questions received from interested parties.
DOE has initially determined that amendments to the ceiling fan
test procedure are warranted and is issuing this notice of proposed
rulemaking (NOPR) pursuant to 42 U.S.C. 6293(b)(2). DOE is also
proposing these amendments in satisfaction of the 7-year review
required under 42 U.S.C. 6203(b)(1)(A).
II. Synopsis of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes: (1) To interpret the EPCA definition of
ceiling fan to mean those fans offered for mounting only on a ceiling.
Any fan, including a ceiling-mount air circulating fan head, offered
with other mounting options would not be a ceiling fan under this
proposal. DOE also seeks comment on a proposed alternative
interpretation. DOE is retaining the exemption for ceiling; fans for
which the plane of rotation of the blades is greater than 45 degrees
from horizontal, and for which the plane of rotation cannot be adjusted
based on the manufacturer's specifications to be less than or equal to
45 degrees from horizontal. These fans are not subject to the test
procedure and energy conservation standards established by DOE, but
would remain subject to the design requirements of EPCA (2) to specify
that VSD ceiling fans that do not also meet the definition of LSSD fan
are not required to be tested pursuant to the DOE test method for
purposes of demonstrating compliance with DOE's energy conservation
standards for ceiling fans or representations of efficiency; (3) for
LSSD and VSD ceiling fans, to increase the tolerance for the stability
criteria for the average air velocity measurements at low-speed; (4) to
codify in regulation existing guidance on the method for calculating
several values reported on the Federal Trade Commission (FTC)
EnergyGuide label for LSSD and VSD ceiling fans using results from the
ceiling fan test procedures in Appendix U to subpart B of 10 CFR part
430 and represented values in 10 CFR part 429; (5) to specify that
large-diameter ceiling with blade spans greater than 24 feet do not
need to be tested pursuant to the DOE test procedure for purposes of
demonstrating compliance with DOE energy conservation standards or
representations of energy efficiency are; and (6) to amend
certification requirements and product-specific enforcement provisions
for ceiling fans to reflect the most recent amendments to the test
procedures and energy conservation standards for ceiling fans. Any
amended test procedure adopted in this rulemaking will be effective
beginning 30 days after publication of a final rule in the Federal
Register. Representations of energy use or energy efficiency must be
based on testing in accordance with this rulemaking, if adopted,
beginning 180 days after the publication of a test procedure final
rule.
The amendments proposed in this document would provide
manufacturers additional certainty in the test procedures and labeling
requirements for ceiling fans, and would reduce the testing burden
related to the stability criteria. The proposed amendments with regard
to air circulating fan heads would clarify the scope of DOE's authority
to regulate ceiling fans as defined by EPCA, which does not include air
circulating fan heads that do not meet the EPCA definition of a ceiling
fan. The proposed amendments would specify that VSD ceiling fans that
do not also meet the definition of LSSD fan are not required to be
tested pursuant to the DOE test method for purposes of demonstrating
compliance with DOE's energy conservation standards for ceiling fans or
representations of efficiency, so these costs would not accrue to
manufacturers of these VSD fans. As discussed in more detail in section
III.C of this NOPR, the proposed increase in the tolerance for the
stability criteria for the average air velocity measurements for LSSD
and VSD ceiling fans at low speed is expected to reduce the test burden
without changing test procedure results. The proposed codification of
existing guidance is expected to provide manufacturers greater
certainty in determining how to calculate certain values required to be
reported on the FTC EnergyGuide label for LSSD and VSD ceiling fans.
The estimated cost to test commercially-available large-diameter fans
is approximately $4,000 per ceiling fan, but these costs would not
accrue for manufacturers of any fans greater than 24 feet in diameter.
The proposed amendments to the certification requirements would reflect
the current test procedure and recently amended energy conservation
standards for ceiling fans. Finally, the proposed amendments to the
product-specific enforcement provisions would specify the use of the
methods currently in Appendix U for verifying certain ceiling fan
characteristics (i.e., blade span, distance between the ceiling and the
lowest point of fan blades, blade revolutions per minute, and blade
edge thickness).
Additionally, as discussed in more detail in section III of this
NOPR, DOE has initially concluded that the amendments being proposed
will not impact representations of ceiling fan efficiency made in
accordance with the July 2016 CF TP final rule. Thus, retesting should
not be required solely as a result of DOE's adoption of the proposed
amendments to the test procedures. DOE emphasizes, however, that
manufacturers are responsible for the validity of their representations
and seeks comment on the initial conclusion that the proposal will not
impact representations made according to the July 2016 CF TP final rule
and that manufacturers therefore should not be required to retest their
products if DOE adopts the proposed rule.
[[Page 51443]]
Table II.1--Summary of Changes in Proposed Test Procedure Relative to
Current Test Procedure
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Proposed test
Current DOE test procedure procedure Attribution
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Provides exceptions to the Interprets the EPCA Response to
test procedure and energy definition of ceiling questions from
conservation standards for fan to mean those industry,
ceiling fans where the plane fans offered for clarification.
of rotation of a ceiling mounting only on a
fan's blades is not less than ceiling and seeks
or equal to 45 degrees from comment on a proposed
horizontal, or cannot be alternative
adjusted based on the interpretation.
manufacturer's specifications Retains the
to be less than or equal to exceptions to the
45 degrees from horizontal. test procedure and
energy conservation
standards for ceiling
fans that can be
suspended from the
ceiling, for which
the plane of rotation
of the ceiling fan's
blades is greater
than 45 degrees from
horizontal, and for
which the plane of
rotation cannot be
adjusted based on the
manufacturer's
specifications to be
less than or equal to
45 degrees from
horizontal.
Provides a method of testing Specifies that VSD Clarification.
only those VSD ceiling fans ceiling fans that are
that meet the LSSD ceiling not also LSSD ceiling
fan definition. fans are not required
to be tested pursuant
to the DOE test
method.
The tolerance for the Increases the Response to
stability criteria for the tolerance for the waiver.
average air velocity stability criteria
measurements for LSSD and VSD for the average air
ceiling fans at low speed is velocity measurements
less than five (5) percent. for LSSD and VSD
ceiling fans at low
speed to less than
ten (10) percent.
Instruction on calculating Codifies the Ease of use.
EnergyGuide Label values calculation
based on measurements taken instructions in the
in accordance with Appendix U CFR.
is provided in a guidance
document separate from the
CFR.
Includes certification Add provisions for Improve
requirements and product- verification of reproducibility
specific enforcement represented values to and
provisions. be used in the repeatability.
context of
enforcement of the
relevant efficiency
standards.
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DOE seeks comment on the changes proposed in this document and on
whether other amendments to the test procedure should be considered.
III. Discussion
A. Scope of Applicability
EPCA defines a ``ceiling fan'' as ``a nonportable device that is
suspended from a ceiling for circulating air via the rotation of fan
blades.'' (42 U.S.C. 6291(49)) In the July 2016 CF TP final rule, DOE
stated that the test procedure applies to any product meeting this
definition, including hugger fans, fans designed for applications where
large airflow volume may be needed, and highly decorative fans. DOE
stated, however, that manufacturers were not required to test the
following fans according to the test procedure: Belt-driven ceiling
fans, centrifugal ceiling fans, oscillating ceiling fans, and ceiling
fans whose blades' plane of rotation cannot be within 45 degrees of
horizontal. In this rulemaking, DOE is confirming the scope of its
authority pursuant to EPCA to regulate ceiling fans and confirming that
its authority in this context is limited to fans that meet the EPCA
definition of a ceiling fan. Specifically, DOE interprets the EPCA
definition of ceiling fan to mean those fans offered for mounting only
on a ceiling. Any ceiling-mount air circulating fan head or other fan
that was offered with other mounting options would not be a ceiling fan
for purposes of EPCA. DOE also seeks comment on alternative means to
differentiate ceiling fans from air circulating fan heads that do not
meet the EPCA definition of ceiling fan, as described in this section.
DOE received inquiries since the publication of the July 2016 CF TP
final rule whether certain air circulating fan heads \5\ would be
subject to the DOE test procedures and energy conservation standards.
These inquiries indicate that the procedure specified in the July 2016
CF TP final rule, in which testing was not required for ceiling fans
whose blades' plane of rotation cannot be within 45 degrees of
horizontal,'' \6\ could potentially result in some air circulating fan
heads that do not meet the EPCA definition of a ceiling fan being
classified as ceiling fans subject to testing and compliance with DOE
energy conservation standards. This includes air circulating fan heads
that may, in addition to any other number of configurations, also be
mounted on a downrod.
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\5\ Section 5.1.1 of ANSI/AMCA Standard 230-15 (``AMCA 230-
15''), ``Laboratory Methods of Testing Air Circulating Fans for
Rating and Certification,'' defines air circulating fan head as an
assembly consisting of a motor, impeller and guard for mounting on a
pedestal having a base and column, wall mount bracket, ceiling mount
bracket, I-beam bracket or other commonly accepted mounting means.
\6\ If the plane of rotation of a ceiling fan's blades is not
less than or equal to 45 degrees from horizontal, or cannot be
adjusted based on the manufacturer's specifications to be less than
or equal to 45 degrees from horizontal, the ceiling fan is not
subject to the DOE test procedure and is not subject to the energy
conservation standards. Section 2(1) of Appendix U; 10 CFR
430.36(s)(2)(ii)(A).
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On May 31 and July 9, 2019, the Air Movement and Control
Association (AMCA) submitted letters regarding air circulating fan
heads.\7\ AMCA stated that air circulating fan heads have distinct
characteristics and functions compared to traditional ceiling fans.
Specifically, AMCA stated that air circulating fan heads are typically
caged/housed and incorporated in products that are primarily offered
for sale as floor mounted (portable pedestal) or mounted to vertical
structures (wall mount), and are designed to provide concentrated
directional airflow.
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\7\ AMCA's May 31 and July 9, 2019 letters to DOE can be
accessed in the Docket here: https://www.regulations.gov/document?D=EERE-2013-BT-TP-0050-0023.
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AMCA also noted that air circulating fan heads do not circulate air
like a ceiling fan. Specifically, a ceiling fan will discharge air in
the downward direction and the discharge air typically returns to the
intake side of the fan with significant momentum, thus creating air
circulation. Each pass through the fan increases the average air speed
in the space until a steady state circulation of air is achieved. This
air circulation pattern is why ceiling fan test procedures require a
significant amount of time between activation of the ceiling fan and
the measurement of performance data. In contract, air circulating fan
heads provide directional, concentrated high speed
[[Page 51444]]
airflow targeted at a specific location. The airflow from the air
circulating fan head is unlikely to return to the intake side of the
fan head with any significant moment and in many cases the discharge
air may not return at all; therefore, a circulating pattern is not
achieved.
In addition, AMCA stated that air circulating fan heads typically
operate at faster speeds (tip speeds) than ceiling fans to produce air
that will travel faster and farther for a given fan diameter.
Accordingly, AMCA proposed in their letter that DOE clarify the
interpretation that air circulating fan heads are not ceiling fans
because they have other primary mounting options and operating modes
where the fan is not required to be fixed to the ceiling, and
additionally provide that the fan head's blade tip speed is greater
than 5,500 feet per minute (fpm).\8\ AMCA also stated that air
circulating fan heads have higher average outlet air speeds (calculated
as the volumetric airflow rate (cfm) of the fan at high speed divided
by the swept area of the blades (discharge area)) than ceiling fans and
recommended a break point of 900 feet per minute as another
distinguishing characteristic for large diameter ceiling fans and high
speed small diameter ceiling fans.
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\8\ Tip speed is calculated as blade diameter x 3.14159 x
rotational speed in revolutions per minute (RPM). The tip speed
value was based on Table 90.1 from Underwriters Laboratory (UL)
ceiling fan safety standard (UL Standard 507-2017, ``Standard for
Electric Fans'').
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As stated, EPCA defines ``ceiling fan'' as ``a nonportable device
that is suspended from a ceiling for circulating air via the rotation
of fan blades.'' (42 U.S.C. 6291(49)) In DOE's view, because the EPCA
definition of ceiling fan includes the terms ``nonportable'' and
``suspended from a ceiling,'' it does not include within its scope any
device offered for mounting on any surface other than a ceiling, even
if it is also offered for mounting on a ceiling. Therefore, as a
clarifying interpretation of EPCA's definition of ``ceiling fan,'' DOE
proposes to adopt a definition of ceiling fan in 10 CFR 430.2 whose
scope would be limited to devices that are offered for mounting only on
a ceiling. Any fan, including a ceiling-mount air circulating fan head,
offered with other mounting options would not be a ceiling fan for
purposes of EPCA.
This interpretation is based a reasoned understanding of the plain
meaning of the text of the definition, taking into account the context
of the statute as a whole. Specifically, the phrase ``suspended from
the ceiling for circulating air,'' is a clear description of the use of
a ``ceiling fan,'' i.e., where it is installed and for what purpose. It
follows, then, that a device that is not offered for mounting on a
ceiling is not within the scope of this definition.
Moreover, to be within the scope of the ``ceiling fan'' definition,
the device must be ``nonportable.'' An overly strict construction of
this term would apply only to devices that, literally, cannot be moved.
Within the context of DOE's understanding of the range of products
offered for the purpose of circulating air (i.e., ``fans'') that can be
suspended from a ceiling, a reasonable construction of the term
``nonportable'' would be devices that are not offered for mounting on a
surface other than a ceiling, i.e., devices offered for mounting only
on a ceiling. This would exclude as ``portable'' products offered with
the option to be used in multiple locations over time, such as on a
wall or floor, even if one of those options includes mounting the
product to a ceiling.
DOE therefore concludes that EPCA's definition of ``ceiling fan,''
by its plain meaning, does not include within its scope any device that
is offered for mounting on a surface other than a ceiling, even if it
is also offered for mounting on a ceiling. In addition, any ceiling-
mount air circulating fan head that did not meet this criterion (i.e.,
offered with other mounting options) would not be a ceiling fan for
purposes of EPCA. DOE would make clear this interpretation of the
statutory definition of ``ceiling fan'' by adopting the following
definition in DOE regulations at 10 CFR 430.2: ``Ceiling fan means a
nonportable device that is suspended from a ceiling for circulating air
via the rotation of fan blades. For purposes of this definition, the
term ``suspended from a ceiling'' means offered for mounting on a
ceiling, and the term ``nonportable'' means not offered for mounting on
a surface other than a ceiling.''
DOE also seeks comment on an alternative proposal to differentiate
air circulating fan heads or other fans that do not meet the EPCA
definition of a ceiling fan. Any air circulating fan head or other fan
that does not meet any one of the criteria specified in the EPCA
definition (``nonportable'', ``suspended from a ceiling'', and ``for
circulating air via the rotation of fan blades'') is not a ceiling fan
for purposes of EPCA. DOE proposes to interpret the elements of the
statutory definition of ceiling fan in the following way:
(1) Portable--Meaning, the fan is offered for mounting on surfaces
other than or in addition to the ceiling, including the ceiling mount
version of such fans. In contrast, a ceiling fan is only mounted to the
ceiling and would typically not perform properly if mounted in any
other configuration. DOE also notes that once a ceiling fan is mounted
to the ceiling, it is often hard-wired in place, which DOE understands
is not always the case for air circulating fan heads; \9\
---------------------------------------------------------------------------
\9\ One manufacturer provided information on some air
circulating fan heads that are not typically hardwired: Three phase
units since there is no truly standardized cord, and hazardous
location (`explosion proof') units where by code they need to have
specific wiring that does not allow for a standard cord. While some
of these may be supplied with a cord by the customer, in some cases
the customer may decide to hard wire them.
---------------------------------------------------------------------------
(2) Not suspended from the ceiling--This criterion is determined
with reference to the point of manufacture, because DOE regulates
manufacturers under EPCA. Air circulating fan heads or other fans that
are not manufactured with a means to be suspended from the ceiling
would not meet the statutory definition. With reference to air
circulating fan heads, in many cases, the manufacturer produces the air
circulating fan head, and the customer supplies the pipe or other means
of suspension. Brackets may be supplied for mounting, but the customer
decides where and how to mount the air circulating fan head (i.e., to
the wall, ceiling, or some other appropriate location). In contrast a
ceiling fan is meant only to be suspended from the ceiling and is not
designed to be mounted in any other way.
(3) Not for the purpose of circulating air--As noted previously,
AMCA stated in its July 9 letter, which was specific to air circulating
fan heads, that air circulating fan heads do not circulate air like a
ceiling fan. Specifically, a ceiling fan will discharge air in the
downward direction and the discharge air typically returns to the
intake side of the fan with significant momentum, thus creating air
circulation. Each pass through the fan increases the average air speed
in the space until a steady state circulation of air is achieved. This
is not the case with air circulating fan heads, which provide
directional, concentrated high speed airflow targeted at a specific
location. The airflow from the air circulating fan head is unlikely to
return to the intake side of the fan head with any significant momentum
and in many cases the discharge air may not return at all; therefore, a
circulating pattern is not achieved.
Given the above, DOE alternatively proposes to specify the
following in DOE regulations at 10 CFR 430.2: ``Ceiling fan means a
nonportable device that is suspended from a ceiling for
[[Page 51445]]
circulating air via the rotation of fan blades. DOE interprets this
term to mean that any fan, including those meeting the definition of an
``air circulating fan head'' in AMCA 230-2015, that does not have a
ceiling mount option, or that has more than one mounting option (even
if one of the mounting options is a ceiling mount), is not a ceiling
fan. Such fans do not meet the statutory criteria of being
``nonportable'', ``suspended from the ceiling'', and ``for the purpose
of circulating air.'' '' Pursuant to the definition of ``air
circulating fan head'' in AMCA 230-15, an air circulating fan head is
intended for mounting by a number of means, which can include ceiling
mount along with other types of mounts, such a pedestal, wall or I-beam
bracket.
In making these proposals, DOE notes that the design standards of
EPCA applicable to ceiling fans do not appear to be generally
applicable to air circulating fan heads that do not meet the criteria
of the statutory definition. Specifically, EPCA requires all ceiling
fans manufactured after January 1, 2007, to have: (i) Fan speed
controls separate from any lighting controls; (ii) Adjustable speed
controls (either more than 1 speed or variable speed); and (iii) The
capability of reversible fan action. (42 U.S.C. 6295(ff)(1)(A). DOE is
not aware of any air circulating fan head designs where the fan speed
and lighting controls are not separate. Most air circulating fan heads
are not designed with more than 1 speed because it would be
prohibitively expensive, especially for explosion proof air circulating
fan heads, for example. And, because air circulating fan heads are
meant to provide directed air flow, the necessity for reverse action is
not applicable or relevant, because the fan can simply be moved or
redirected. As a result, it makes sense that air circulating fan heads
to which these criteria do not apply would not be considered ceiling
fans for purposes of EPCA.\10\ Applying the design standards of EPCA to
those fans, including air circulating fan heads that do not meet the
DOE definition for ceiling fan is not appropriate. Air circulating fan
heads could, however, be considered a type of commercial or industrial
fan pursuant to 42 U.S.C. 6311. EPCA authorizes DOE to consider
establishing ``fans'' and ``blowers'' as types of covered commercial or
industrial equipment. 42 U.S.C. 6311(2)(B)(ii) and (iii).
---------------------------------------------------------------------------
\10\ DOE received information from a manufacturer supporting
this assertion. Specifically, the manufacturer did not know of no
air circulating fan heads that are provided with lighting as an
integral part of the fan head. The only application of which the
manufacturer was aware where an air circulating fan head and a light
are provided is a dock fan: In terms of numbers, the manufacturer
indicated these are fairly rare (probably only 1 to 2% of air
circulating fan heads at most), and the light and air circulating
fan head are really both added to a separate articulating device.
The manufacturer did not know if the light is wired separately of
the air circulating fan head, but expected is that it is. In
general, the manufacturer offered that there is no utility to be
gained by incorporating a light into an air circulating fan head
because unlike a ceiling fan, which uses the same (and often only)
ceiling electrical source, the air circulating fan head is not
designed for this type of hard wire connection.
---------------------------------------------------------------------------
DOE notes that under this proposal, the design standards of EPCA
applicable to ceiling fans would not apply to fans that do not meet the
criteria of the statutory definition, including air circulating fan
heads as defined in AMCA 230-15 offered for mounting on surfaces other
than or in addition to the ceiling (including the ceiling mount
versions of such fans). The energy conservation standards established
by DOE would also not be applicable to such products.
AMCA's letter also suggests that a minimum tip speed/outlet air
speed is a differentiator for distinguishing between air circulating
fan heads and ceiling fans. This differentiator may be appropriate to
determine whether the air circulating fan head is for the purpose of
circulating air. DOE requests comment and supporting data on what tip
speed/outlet air speed is appropriate to differentiate ceiling fans
from air circulating fan heads. DOE also seeks comment on whether, and
if so, how to update the regulatory criterion at proposed Appendix U,
Section 2. Scope, to clarify that air circulating fan heads above a
certain tip speed/outlet air speed are not for the purpose of
circulating air, as specified in the EPCA criteria for ceiling fans.
DOE is not proposing to change the existing requirement that
ceiling fans for which the plane of rotation of the blades is greater
than 45 degrees from horizontal, and for which the plane of rotation
cannot be adjusted based on the manufacturer's specifications to be
less than or equal to 45 degrees from horizontal are not subject to the
test procedure or energy conservation standards established by DOE. DOE
seeks comment on whether this provision is necessary to retain in light
of the proposal described in the preceding paragraphs for air
circulating fan heads.
B. Proposal for VSD Ceiling Fans
In the July 2016 CF TP final rule, DOE amended test procedures,
located in Appendix U to subpart B of 10 CFR part 430, for measuring
ceiling fan efficiency. The adopted test procedures were largely based
on the ENERGY STAR test procedure, ``Energy Star Testing Facility
Guidance Manual: Building a Testing Facility and Performing the Solid
State Test Method for ENERGY STAR Qualified Ceiling Fans, Version
1.1,'' and AMCA 230-15, with some modifications. See 81 FR 48620. The
ENERGY STAR test procedure measures the air velocity using air velocity
sensors to calculate airflow, while AMCA 230-15 uses a load cell to
measure thrust, which is then used to calculate airflow.
The DOE test procedure established by the July 2016 CF TP final
rule requires LSSD and high-speed small-diameter (HSSD) ceiling fans to
be tested using methods based on air velocity measurements. The DOE
test method is slightly different depending on whether a small-diameter
ceiling fan meets the definition of either LSSD ceiling fan or HSSD
ceiling fan, which is based on maximum fan tip speed and thickness at
the edge of the fan blades. DOE required testing LSSD ceiling fans at
their lowest and highest speed settings, but required testing HSSD
ceiling fans only at high speed. 81 FR 48620, 48626. For LSSD ceiling
fans, while most have one or more speeds between high and low, DOE
required testing at only high and low speed to limit test burden and
avoid confusion regarding the definition of medium speed for ceiling
fans with more than three speeds. For HSSD ceiling fans, DOE determined
that they typically do not have discrete speeds, and therefore speeds
other than high may not be well defined; thus, testing is only required
at high speed. Id.
In the July 2016 CF TP final rule, DOE prescribed a test method for
LSSD and HSSD ceiling fans. However, the HSSD ceiling fan definition
excluded VSD ceiling fans. Therefore, the current test method provides
a method of testing only those VSD ceiling fans that meet the LSSD
ceiling fan definition. In this NOPR, DOE is proposing to specify
explicitly that VSD ceiling fans that do not also meet the definition
of LSSD fan are not required to be tested pursuant to the DOE test
method for purposes of demonstrating compliance with DOE's energy
conservation standards for ceiling fans or representations of
efficiency.
DOE requests comment on the proposal. See section V.B for a list of
issues on which DOE seeks comment.
C. Proposed Alternate Stability Criteria for Average Air Velocity
Measurements
In the July 2016 CF TP final rule, DOE established stability
criteria for the air
[[Page 51446]]
velocity measurements for LSSD and HSSD ceiling fans. Specifically,
section 3.3.2(1) of Appendix U to subpart B of 10 CFR part 430 requires
that the average air velocity for each sensor must vary by less than 5
percent compared to the average air velocity measured for that same
sensor in a successive set of air velocity measurements. Stable
measurements are required to be achieved at high speed only for HSSD
ceiling fans, and at both low and high speed for LSSD ceiling fans.
However, ceiling fans with low speeds that produce air velocities lower
than 40 feet per minute (fpm) may have trouble meeting this stability
criteria. Since the July 2016 CF TP final rule, DOE has received
several inquiries from manufacturers citing difficulties with meeting
the stability criteria at low speed for certain basic models of ceiling
fans. DOE evaluated available test data to investigate these
difficulties and to determine whether increased tolerances for air
velocity stability criteria for low speed tests could be used to reduce
test burden without materially affecting the results of the test
procedure. Specifically, DOE used the test data from ceiling fans
tested at a third-party testing facility to compare the airflow and
efficiency results of the test procedure with the 5 percent and 10
percent air velocity stability criteria applied to low speed. DOE found
that increasing the stability criteria to 10 percent for low speed
would allow more fans to meet the stability criteria and reduce the
number of successive measurements needed to do so without materially
changing the efficiency results of the test procedure. By reducing the
number of successive measurements needed this proposed amendment would
reduce the test burden for manufacturers, including the total test time
per unit for low speed tests for ceiling fans. DOE estimates that
manufacturers of LSSD and VSD ceiling fans may save approximately 20
minutes in testing time due to the relaxation of the air velocity
stability requirements. The potential cost impacts of this proposal are
discussed in section III.I of this NOPR.
An alternative approach that DOE also considered was applying
stability criteria to airflow instead of air velocity (as is required
under the current DOE test procedure). However, DOE's review concluded
that applying stability criteria to airflow instead of air velocity
could result in less repeatability by allowing a greater variation in
airflow and efficiency results between multiple tests of the same fan.
Per 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 provide more information
than the calculated airflow because they indicate 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. On
the other hand, DOE observed that 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. DOE expects that the purchase and set up of additional
thermocouples in the test room would be required to monitor and ensure
test room stability to avoid these repeatability issues. In DOE's own
testing evaluation, DOE installed thermocouple grids within the test
room when evaluating the impact of applying the stability criteria to
airflow in order to get repeatable results. Therefore, DOE concluded
that stability criteria based on air velocity measurements leads to
more repeatable test results and avoids the potential need for
additional set up and test room modifications and costs to monitor test
room stability throughout the tests.
Therefore, in this NOPR, DOE is proposing to increase the air
velocity stability criteria for testing at low speed from 5 percent to
10 percent. DOE does not expect this proposed amendment to require
manufacturers to re-test LSSD and VSD ceiling fans that have been
tested and rated per the current test procedure. The proposed amendment
increases the tolerance of the stability criteria for low speed tests
established in the July 2016 CF TP final rule for fans that require
testing at low speed. Any test conducted in accordance with the current
test procedure (under which the stability criteria provides tolerance
that is more narrow than that being proposed) would meet the stability
criteria specified in this proposal. By letter dated June 14, 2017, BAS
submitted a petition for waiver and application for interim waiver for
specified basic models of low-speed small-diameter ceiling fans. The
proposal in this NOPR is consistent with the methodology of the
alternative test method requested by BAS for these basic models and in
the interim waiver DOE granted to BAS. In addition, this NOPR fulfills
the statutory requirement for DOE to publish in the Federal Register a
notice of proposed rulemaking and subsequent final rule to amend its
regulations so as to eliminate any need for the continuation of such
waiver as soon as practicable. 10 CFR 430.27(l).
In the July 2016 CF TP final rule, DOE also established measurement
tolerances for air velocity sensors. Section 3.2 of Appendix U states
that air velocity sensors must have accuracies within 5
percent of reading or 2 feet per minute (fpm), whichever is greater.
For this NOPR, DOE proposes to add the 2 fpm provision to the stability
criteria to provide consistency between the stability criteria for air
velocity measurements and the accuracy of air velocity sensors.
Specifically, DOE proposes the following stability criteria for low
speed tests; the average air velocity for each sensor must vary by less
than 10 percent or 2 fpm, whichever is greater, compared to the average
air velocity measured for that same sensor in a successive set of air
velocity measurements. DOE proposes to add a 2 fpm limitation to the
existing stability criteria for high speed tests such that the average
air velocity for each sensor must vary by less than 5 percent or 2 fpm,
whichever is greater, compared to the average air velocity measured for
that same sensor in a successive set of air velocity measurements. In
this NOPR, DOE is not proposing to change the stability criteria for
average power measurement for either high or low speed tests, which
would remain at 1 percent.
DOE requests comment on the proposed stability criteria. See
section V.B of this NOPR for a list of issues on which DOE seeks
comment.
Section 3.3.2 of Appendix U to subpart B of 10 CFR part 430
requires that LSSD fans be tested at low speed. Appendix U defines low
speed to mean ``the lowest available ceiling fan speed, i.e., the fan
speed corresponding to the minimum, non-zero, blade RPM''. Through
testing and industry inquiry, DOE is aware that, in the lowest
available fan speed, some ceiling fans have an extremely low rotation
rate, leading to atypically low airflow. The airflow is so low that:
(1) The airflow sensors used by third-party labs, which are appropriate
for most ceiling fans, cannot meet the accuracy requirements of the
test procedure; and (2) labs are having trouble meeting the stability
[[Page 51447]]
criteria despite routinely achieving stability for other fans.
To avoid testing low fan speeds that consumers are unlikely to use
to circulate air or that will be impossible or overly burdensome to
test, DOE is considering modifying the definition of low speed.
Specifically, DOE is considering defining the low speed as the lowest
available ceiling fan speed for which fewer than half or three,
whichever is fewer, sensors on any individual axis are measuring less
than 30 feet per minute. Thirty feet per minute is the threshold below
which practicable air velocity sensors can no longer meet the test
procedure accuracy and stability requirements. In conjunction, DOE is
considering explicit instructions to start at the lowest speed and move
to the next highest speed until the modified low speed criteria are
met.
DOE seeks comment on whether testing the fan at the lowest
available ceiling fan speed as currently required measures the energy
use during a representative average use cycle or period of use, as
required by EPCA (42 U.S.C. 6293). DOE seeks comment on whether, in the
alternate, testing at low speed defined as the lowest available ceiling
fan speed for which fewer than half or three, whichever is fewer,
sensors on any individual axis are measuring less than 30 feet per
minute, would meet these EPCA requirements. Such a test procedure would
also require testing to start at the lowest speed and move to the next
highest speed until the modified low speed criteria are met. DOE seeks
comment on whether this alternate test method would affect the measured
energy use of the ceiling fan as compared to the current test
procedure.
DOE also seeks comment on whether this alternate test method would
reduce the test burden for manufacturers, including the total test time
per unit for low speed tests for ceiling fans. The test procedure does
not currently specify when to conclude a test if stability criteria
cannot be met. In this case, third-party labs have local operating
procedures (LOP) that dictate, based on each individual labs' business
model, how long to run a test before deeming it invalid. The low speeds
in question could require labs to run tests for the full duration of
their LOP limit if stability is not met. The alternate test method
could mitigate the occurrence of these long, invalid test runs. DOE
estimates that manufacturers of LSSD and VSD ceiling fans may save
approximately 60 minutes in per unit testing time due to the new low
speed criteria. The potential cost impacts are discussed in III.I.3 of
this NOPR.
D. Calculation Methodology for Values Reported on the EnergyGuide Label
The U.S. Federal Trade Commission (FTC) adopted a revised
EnergyGuide label in a September 15, 2016 Energy Labeling final rule.
81 FR 63634. The rule is applicable to LSSD and VSD ceiling fans, and
requires specification of values for certain metrics related to the
ceiling fan's performance, including ceiling fan efficiency.\11\ See 16
CFR 305.13. DOE subsequently issued a guidance document explaining how
to calculate these values, based on measurements taken in accordance
with Appendix U.\12\ DOE proposes to codify these calculation methods
at 10 CFR 429.32(a)(3).
---------------------------------------------------------------------------
\11\ In the September 2016 Energy Labeling final rule, the FTC
indicated it will seek comment on the need for, and content of, fan
labels for high-speed small-diameter and large-diameter ceiling
fans. 81 FR 63634, 63637.
\12\ https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/ftc_label_calc_method_2016-10-21.pdf.
---------------------------------------------------------------------------
An example of the U.S. FTC's EnergyGuide label for LSSD and VSD
ceiling fans is shown in Figure III.1.
[[Page 51448]]
[GRAPHIC] [TIFF OMITTED] TP30SE19.003
The EnergyGuide label reports values for four metrics: (1)
Efficiency (labeled as ``Airflow Efficiency''), (2) FTC airflow
(labeled as ``Airflow''), (3) FTC energy use (labeled as ``Energy
Use''), and (4) FTC estimated yearly energy cost (labeled as
``Estimated Year Energy Cost''). The EnergyGuide label's ``Airflow
Efficiency'' value corresponds to the ceiling fan's represented value
of efficiency (see 10 CFR 429.32(a)), in cubic feet per minute per
watt, which is defined and measured according to the July 2016 CF TP
final rule. Calculation methods for the other three values are provided
in subsections III.D.1 through III.D.3 of this NOPR.
1. FTC Airflow
For LSSD and VSD ceiling fans, FTC airflow represents the weighted-
average airflow of a ceiling fan, where the weighted average is based
on an average of airflow at low and high fan speeds. The weight given
to each speed is the average operating hours at that speed normalized
by the total average operating hours in active mode. The average
operating hours come from Table 3 in Appendix. DOE proposes to include
in 10 CFR part 429 the following equation, as specified in the current
guidance, to calculate this value:
[GRAPHIC] [TIFF OMITTED] TP30SE19.004
Where:
AirflowFTC = represented value for FTC airflow, rounded to the
nearest CFM,
CFMLow = represented value of measured airflow, in cubic feet per
minute, at low fan speed, and
CFMHigh = represented value of measured airflow, in cubic feet per
minute, at high fan speed.
Section 3.3 of Appendix U specifies the procedures for measuring
the airflow at the high and low speed settings. The measurements of
airflow for each setting specified by the equation above must be based
on the represented value of measured airflow from a sample of at least
two ceiling fans, in accordance with the requirements of 10 CFR
429.32(a)(2)(i). The represented value for FTC airflow is then
calculated using the represented value of measured airflow for each
setting specified by the equation.
2. FTC Energy Use
For LSSD and VSD ceiling fans, FTC energy use represents the
weighted-average power consumption of the ceiling fan, where the
weighted average is based on an average of the power consumption at low
and high fan speeds and in standby mode. The weight given
[[Page 51449]]
to each speed and to standby mode is the average operating hours at
that setting normalized by the total average operating hours in active
mode. As with FTC airflow, the average operating hours come from Table
3 in Appendix U. DOE proposes to include in 10 CFR part 429 the
following equation, as specified in the current guidance, to calculate
this value:
[GRAPHIC] [TIFF OMITTED] TP30SE19.005
Where:
Energy UseFTC = represented value for FTC Energy Use, rounded to the
nearest watt,
WLow = represented value of measured power consumption, in watts, at
low fan speed, pursuant to paragraph (a)(2)(ii) of this section,
WHigh = represented value of measured power consumption, in watts,
at high fan speed, pursuant to paragraph (a)(2)(ii) of this section,
and
WSb = represented value of measured power consumption, in watts, in
standby mode, pursuant to paragraph (a)(2)(ii) of this section.
Section 3.3 of Appendix U outlines the procedures for measuring the
power consumption at the high and low speed settings, as well as in
standby mode (if applicable). The measurements of power consumption for
each setting specified by the equation above must be based on the
represented value of power consumption measured from a sample of at
least two ceiling fans, in accordance with the requirements of 10 CFR
429.32(a)(2)(ii). The represented value for FTC energy use is then
calculated using the represented value of measured power consumption
for each setting specified by the equation.
3. FTC Estimated Yearly Energy Cost
For LSSD and VSD ceiling fans, FTC estimated yearly energy cost
represents the estimated cost to a consumer of the energy consumed in
operating a ceiling fan for a year. Time spent at low speed, high
speed, and in standby mode is based on the average operating hours
listed in Table 3 in Appendix U. DOE proposes to include in 10 CFR part
429 the following equation, as specified in the current guidance, to
calculate this value:
[GRAPHIC] [TIFF OMITTED] TP30SE19.006
Where:
EYECFTC = represented value for FTC estimated yearly energy
cost, rounded to the nearest dollar, and all other variable
designations are the same as for the equation for FTC energy use.
In calculating this value, the average electricity cost and daily
operating hours in active mode are assumed to be 12 cents per kilowatt-
hour \13\ and 6.4 hours per day, respectively (as displayed on the
sample EnergyGuide label in Figure III.1). Section 3.3 of Appendix U to
subpart B of 10 CFR part 430 outlines the procedures for measuring the
power consumption at the high and low speed settings, as well as in
standby mode (if applicable). The measurements of power consumption for
each setting specified by the equation above must be based on the
represented value of power consumption measured from a sample of at
least two ceiling fans, in accordance with the requirements of 10 CFR
429.32(a)(2)(ii). The represented value for FTC estimated yearly energy
cost is then calculated using the represented value of measured power
consumption for each setting specified by the equation.
---------------------------------------------------------------------------
\13\ 12 cents per kilowatt-hour is the cost of energy specified
for the Federal Trade Commission's EnergyGuide label. 81 FR 63633
(September 15, 2016)
---------------------------------------------------------------------------
E. Proposal for Large-Diameter Ceiling Fans With Blade Spans Greater
Than 24 Feet
Appendix U requires that large-diameter ceiling fans (i.e., fans
with blade spans greater than seven feet) be tested at up to five
speeds, and at the five highest speeds for fans with six or more
discrete speeds. Section 3.4.1 of Appendix U states that this test
method for large-diameter ceiling fans is applicable to ceiling fans up
to 24 feet in diameter. In the July 2016 CF TP final rule, DOE included
this diameter limit because DOE was unaware of any commercially-
available large-diameter ceiling fans with blade spans greater than 24
feet. 81 FR 48620, 48632 (July 25, 2016). Since that time, DOE has
received an inquiry about how such a fan would be tested.
The DOE test method for large-diameter ceiling fans incorporates by
reference AMCA 230-15, which does not specify a maximum blade span
limit. In addition, AMCA 230-15 provides minimum clearances for testing
based on blade span so that the required test room dimensions are
dynamic and allow for testing of fans larger than 24 feet. In the
previous rulemaking, Big Ass Solutions (BAS) recommended that the DOE
test procedure not include a blade span limit for the large-diameter
test method to be consistent with AMCA 230-15. (BAS, Docket ID: EERE-
2013-BT-TP-0050, No. 13, p. 7) In the rulemaking to amend the energy
conservation standards for ceiling fans, however, DOE did not
contemplate standards for large-diameter fans with blade spans of
greater than 24 feet because none were available on the market at that
time. 82 FR 6826, 6843.
Users of ceiling fans with a blade span larger than 24 feet may
operate them differently than users of fans with a blade span less than
24 feet. Because DOE did not consider the applicability of the current
energy conservation standards to large-diameter fans with blade spans
greater than 24 feet, and because the current DOE test procedure
specifies a blade span limit of 24 feet, DOE proposes in this
rulemaking that large-diameter fans with blade spans of greater than 24
feet do not need to be tested pursuant to the DOE test procedure for
purposes of determining compliance with DOE energy conservation
standards or making other representations of efficiency. DOE requests
comment on its proposal. DOE also requests comment on the availability
of sufficient testing facilities for large-diameter fans, including
those larger than 24 feet in diameter. See section V.B of this NOPR for
a list of issues on which DOE seeks comment.
[[Page 51450]]
F. Certification Requirements
The procedures required for determination, certification, and
enforcement of compliance of covered products with the applicable
conservation standards are set forth in 10 CFR part 429. Ceiling fan
manufacturers \14\ must submit certification reports for ceiling fan
basic models before they are distributed in commerce. 10 CFR 429.12.
The current requirements for certification reports for ceiling fans
correspond to the design requirements specified in EPCA. (42 U.S.C.
6295(ff)(1)) These requirements are set forth at 10 CFR 429.32(b),
which requires reporting of the number of speeds within the ceiling fan
controls, and a declaration that the manufacturer has incorporated the
applicable design requirements. These certification requirements do not
reflect the amended energy conservation standards adopted in the recent
ceiling fan energy conservation standards final rule (hereafter the
``January 2017 CF ECS final rule'').\15\ 82 FR 6826 (January 19, 2017).
---------------------------------------------------------------------------
\14\ Under EPCA, ``manufacture'' means ``to manufacture,
produce, assemble, or import.'' 42 U.S.C. 6291(10).
\15\ On January 31, 2017, DOE temporarily postponed the
effective date of the January 2017 CF ECS final rule. See 82 FR
8806. DOE further temporarily postponed the effective date of that
energy conservation standards regulation until September 30, 2017,
to allow the Secretary, who was confirmed and began work in his
position March 3, 2017, the opportunity to review and consider the
new regulation. See 82 FR 14427, Mar. 21, 2017. On May 24, 2017, DOE
published the completion of the review of the final rule amending
energy conservation standards for ceiling fans, and confirmed that
compliance will remain as required with the January 19 final rule,
without change. 82 FR 23723.
---------------------------------------------------------------------------
In this NOPR, DOE proposes to amend the certification requirements
for ceiling fans to include product-specific information that would be
required to certify compliance with the amended energy conservation
standards established in January 2017 CF ECS final rule. The product-
specific information is necessary to determine the minimum allowable
ceiling fan efficiency and the proper category of certain ceiling fans,
like multi-mount and/or multi-head ceiling fans. DOE proposes to
require that certification reports include the following public
product-specific information for each ceiling fan basic model: (1)
Represented blade span in inches; (2) represented ceiling fan
efficiency in CFM/W; (3) for small-diameter ceiling fans, a declaration
whether the fan is a multi-head ceiling fan; and (4) for low-speed
small-diameter ceiling fans, a declaration whether the ceiling fan is a
multi-mount ceiling fan. For each ceiling fan basic model, DOE also
proposes to require additional product-specific information that would
not be included in the public CCMS database. These include: (1) For
small-diameter ceiling fans, blade edge thickness (in), airflow (CFM)
at high speed, and blade revolutions per minute (RPM) at high speed;
and (2) for LSSD ceiling fans, the represented distance (in) between
the ceiling and the lowest point on the fan blades. Manufacturers are
already required to determine these values if making representations
under the current test procedure for ceiling fans and will be required
to use these values to ensure the products they distribute in commerce
comply with the amended energy conservation standards.
In this NOPR, DOE also proposes amendments to 10 CFR 429.32 to
specify that represented values are to be determined consistent with
the test procedures in Appendix U and to specify rounding requirements
for represented values. DOE proposes that manufacturers round any
represented value of ceiling fan efficiency, expressed in cubic feet
per minute per watt (CFM/W), to the nearest whole number. DOE also
proposes the following: Any represented value of blade span shall be
the mean of the blade spans measured for the sample selected as
described in 10 CFR 429.32(a)(1), rounded to the nearest inch; any
represented value of blade RPM shall be the mean of the blade RPMs
measured for the sample selected as described in 10 CFR 429.32(a)(1),
rounded to the nearest RPM; any represented value of blade edge
thickness shall be the mean of the blade edge thicknesses measured for
the sample selected as described in 10 CFR 429.32(a)(1), rounded to the
nearest tenth of an inch; and any represented value of the distance
between the ceiling and the lowest point on the fan blades shall be the
mean of the distances measured for the sample selected as described in
10 CFR 429.32(a)(1), rounded to the nearest quarter of an inch.
DOE is also proposing updates to the product class definitions
included in Appendix U to reference the proposed represented value
provisions to specify that the product class for each basic model is
determined using the represented values of blade span, blade RPM, blade
edge thickness, and the distance between the ceiling and the lowest
point on the fan blades.
Blade edge thickness and the distance between the ceiling and the
lowest point on the fan blades are used to determine the product class
to which a basic model belongs. The July 2016 CF TP final rule did not
provide instructions on how to measure these parameters. In this NOPR,
DOE is proposing to include these instructions in Appendix U to subpart
B of 10 CFR part 430 to ensure these parameters are measured
consistently for representations and verification. Specifically, DOE
proposes that blade edge thickness for small diameter fans be measured
at the fan blade leading edge (in the forward direction) with an
instrument having a measurement resolution of at least a tenth of an
inch. DOE has observed that blade edge thickness is typically measured
with calipers or a tape measure, either of which could meet the
proposed measurement resolution requirement. Ceiling fan blades do not
have uniform shapes, including blade edge thickness variations and
tapered tips or leading edges. DOE proposes the following instructions
for measuring blade edge thickness to ensure test procedure
reproducibility, given these variations in blade characteristics: (1)
Measure at the point at which the blade is thinnest along the radial
length of the fan blade and is greater than or equal to one inch from
the tip of the fan blade, and (2) Measure one inch from the leading
edge of the fan blade. These provisions are proposed to account for
ceiling fan blades that have tapered tips or tapered leading edges. DOE
also proposes to use an instrument having a measurement resolution of
at least 0.25 inches to measure the distance between the ceiling and
the lowest point on the ceiling fan blades for LSSD ceiling fans. DOE
has observed that this measurement is typically taken using a tape
measure, which should easily meet the proposed measurement resolution
requirement.
Blade span is also used to determine the product class to which a
basic model belongs. The July 2016 CF TP final rule required blade span
to be determined by measuring the lateral distance from the center of
the axis of rotation of the fan blades to the furthest fan blade edge
from the center of the axis of rotation, and then multiplying this
distance by two. In this NOPR, DOE is proposing to add to these
instructions to ensure that blade span is measured consistently for
representations and verification. Specifically, DOE is proposing to
measure the lateral distance at the resolution of the measurement
instrument, using an instrument with a measurement resolution of least
0.25 inches, and then multiply this distance by two to determine blade
span. As in the July 2016 CF TP final rule, after multiplying the
lateral distance by two, blade span
[[Page 51451]]
must be rounded to the nearest whole inch.
G. Product-Specific Enforcement Provisions
In the January 2017 CF ECS final rule, DOE's amended energy
conservation standards are expressed as the minimum allowable ceiling
fan efficiency (in terms of CFM/W) as a function of ceiling fan blade
span, in inches, for each ceiling fan product class. DOE has also
defined ceiling fan product classes based on certain characteristics,
including the blade span, distance between the lowest point of the fan
blades and the ceiling, RPM at high speed, and blade edge thickness.
Represented values, including certified values, of each of these
characteristics would be determined in accordance with the proposed
provisions of 10 CFR 429.32.
DOE proposes to add provisions to 10 CFR 429.134 for verification
of these represented values in 10 CFR 429.134, to be used in the
context of enforcement of the relevant efficiency standards. Each of
the following paragraphs describes the proposed DOE verification
provisions for each parameter. In each case, DOE would measure the
relevant characteristic for each individual unit in accordance with the
test requirements of Appendix U.
DOE proposes to consider the represented blade span valid if the
rounded measurement(s) (either the measured value for a single unit, or
the mean of the measured values for a multiple unit sample, rounded to
the nearest inch) are the same as the represented blade span. Blade
span may vary slightly between ceiling fan units due to manufacturing
tolerances and blade warpage. However, the proposed rounding provisions
for blade span (10 CFR part 429) would require that the blade span be
rounded to the nearest inch. This effectively would provide a range of
approximately 1 inch that would require the same minimum ceiling fan
efficiency. For example, a blade span of 52.4 inches would be rounded
down to 52 inches, and a blade span of 51.5 inches would also be
rounded to 52 inches. This range is larger than the expected variation
in blade span due to manufacturing variation or blade warpage.
Therefore, DOE is not proposing an additional tolerance for blade span
verification. DOE proposes that if the represented blade span is found
to be valid, that blade span would be used as the basis for calculating
minimum allowable ceiling fan efficiency. If the represented blade span
is found to be invalid, the rounded measured blade span would serve as
the basis for calculating the minimum allowable ceiling fan efficiency.
DOE proposes that the distance between the lowest point of the fan
blades and the ceiling for each LSSD unit be rounded to the nearest
quarter of an inch. This effectively would provide a tolerance range of
approximately 0.25 inches. DOE proposes to consider the represented
distance between the lowest point of the fan blades and the ceiling
valid if the measurement(s) (either the measured value for a single
unit, or the mean of the measured values for a multiple unit sample,
rounded to the nearest quarter inch) are the same as the represented
distance. Furthermore, DOE proposes that, if the represented distance
is found to be valid, that distance would be used as the basis for
determining the product class. If the represented distance is found to
be invalid, the rounded measured distance would serve as the basis for
determining the product class.
DOE proposes to consider the represented blade RPM at high speed
valid if the measurement(s) (either the measured value for a single
unit, or the mean of the measured values for a multiple unit sample,
rounded to the nearest RPM) are within the greater of 1% or 1 RPM of
the represented blade RPM at high speed. DOE is proposing these
tolerances because they are consistent with the tolerances established
in the July 2016 CF TP final rule to determine RPM measurements for
large-diameter ceiling fans that can operate over an infinite number of
speeds (see section 3.5(2) of Appendix U to subpart B of part 430). DOE
proposes that, if the represented RPM is found to be valid, that RPM
would be used as the basis for determining the product class. If the
certified RPM is found to be invalid, the measured RPM would serve as
the basis for determining the product class.
Represented values, including certified values, of blade edge
thickness would be in accordance with the proposed represented value
provisions in 10 CFR 429.32. The proposed rounding provisions for blade
edge thickness (10 CFR part 429) would require that the thickness be
rounded to the nearest tenth of an inch. This effectively would provide
a tolerance range of approximately 0.1 inches. DOE proposes to consider
the represented blade edge thickness valid if the measurement(s)
(either the measured value for a single unit, or the mean of the
measured values for a multiple unit sample, rounded to the nearest
tenth of an inch) are the same as the represented blade edge thickness.
DOE proposes that, if the represented blade edge thickness is found to
be valid, that blade edge thickness would be used as the basis for
determining the product class. If the represented blade edge thickness
is found to be invalid, the rounded measured blade edge thickness would
serve as the basis for determining the product class.
DOE seeks comment on the proposed method for verifying the blade
span, the distance between the ceiling and lowest point of the fan
blades, RPM at high speed, and the blade edge thickness.
H. Compliance Dates and Waivers
EPCA prescribes that all representations of energy efficiency and
energy use, including those made on marketing materials and product
labels, must be made in accordance with an amended test procedure,
beginning 180 days after publication of such a test procedure final
rule in the Federal Register. (42 U.S.C. 6293(c)(2)) If DOE were to
publish an amended test procedure EPCA provides an allowance for
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may experience undue hardship in meeting
the deadline. (42 U.S.C. 6293(c)(3)) To receive such an extension,
petitions must be filed with DOE no later than 60 days before the end
of the 180-day period and must detail how the manufacturer will
experience undue hardship. (Id.)
Upon the compliance date, i.e., 180 days after publication of any
final rule amending the test procedure, should DOE issue such an
amendment, any waivers that had been previously issued and are in
effect that pertain to issues addressed by the amended test procedure
are terminated. 10 CFR 430.27(h)(2). Recipients of any such waivers
would be required to test the products subject to the waiver according
to the amended test procedure as of the effective date of the amended
test procedure. As discussed in section III.C of this NOPR the
amendments proposed in this document would address the issues that are
the subject of the interim waiver DOE granted to BAS.
As discussed in section III.C of this NOPR, DOE does not expect any
of these amendments to impact the measures of energy consumption or
efficiency for the basic models that were tested in accordance with the
July 2016 CF TP final rule. As discussed, DOE is proposing to specify
that VSD ceiling fans that do not also meet the definition of LSSD fan
are not required to be tested pursuant to the DOE test method for
purposes of demonstrating compliance with DOE's energy conservation
[[Page 51452]]
standards for ceiling fans or representations of efficiency; increase
the tolerances for the stability criteria at low speed; codify existing
guidance regarding the calculation of certain values required for FTC
labels; specify that fans with a blade span larger than 24 feet are not
required to be tested pursuant to the DOE test procedure for purposes
of determining compliance with the energy conservation standards
established by DOE; revise the certification requirements to reflect
the reporting necessary under the recently amended ceiling fan energy
conservation standards; and specify measurement procedures for
verifying certain represented ceiling fan characteristics.
I. Test Procedure Costs and Impact
EPCA requires that test procedures proposed by DOE not be unduly
burdensome to conduct. In this NOPR, DOE proposes: (1) To interpret the
term ``ceiling fan'' as defined by EPCA to mean those fans offered for
mounting only on a ceiling. Any fan, including a ceiling-mount air
circulating fan head, offered with other mounting options would not be
a ceiling fan; (2) to specify that VSD ceiling fans that do not also
meet the definition of LSSD fan are not required to be tested pursuant
to the DOE test method for purposes of demonstrating compliance with
DOE's energy conservation standards for ceiling fans or representations
of efficiency; (3) to increase the tolerance for the stability criteria
for the average air velocity measurements for LSSD and VSD ceiling
fans; (4) to codify in regulation existing guidance on the method for
calculating several values reported on the Federal Trade Commission
(FTC) EnergyGuide label for LSSD and VSD ceiling fans using results
from the ceiling fan test procedures in Appendix U to subpart B of 10
CFR part 430 and represented values in 10 CFR part 429; (5) to specify
that large-diameter ceiling with blade spans greater than 24 feet do
not need to be tested pursuant to the DOE test procedure for purposes
of demonstrating compliance with DOE energy conservation standards or
representations of energy efficiency are; and (6) to amend
certification requirements and product-specific enforcement provisions
for ceiling fans to reflect the most recent amendments to the test
procedures and energy conservation standards for ceiling fans. DOE has
tentatively determined that these proposed amendments to the ceiling
fan test procedure would not be unduly burdensome for manufacturers to
conduct and would reduce test burden for manufacturers.
DOE's analyses of this proposal indicate that, if finalized, it
would result in a net cost savings to manufacturers.
Table III.1--Summary of Cost Impacts for Ceiling Fans
------------------------------------------------------------------------
Present value Discount rate
Category (million 2016$) (percent)
------------------------------------------------------------------------
Cost Savings
------------------------------------------------------------------------
Reduction in Scope (testing 0.30 3
costs)....................... 0.13 7
Reduction in Scope (conversion 0.75 3
costs)....................... 0.64 7
Reduction in Future Testing 0.14 3
Costs........................ 0.05 7
Reduction in Upfront Testing 0.81 3
Costs (i.e., Purchase of 0.70 7
Testing Equipment)...........
------------------------------------------------------------------------
Total Net Cost Impacts
------------------------------------------------------------------------
Total Net Cost Impacts........ (2.01) 3
(1.52) 7
------------------------------------------------------------------------
Table III.2--Summary of Annualized Cost Impacts for Ceiling Fans
------------------------------------------------------------------------
Annualized value Discount rate
Category (thousands 2016$) (percent)
------------------------------------------------------------------------
Annualized Cost Savings
------------------------------------------------------------------------
Reduction in Scope (testing 9 3
costs)....................... 9 7
Reduction in Scope (conversion 22 3
costs)....................... 45 7
Reduction in Future Testing 4 3
Costs........................ 4 7
Reduction in Upfront Testing 24 3
Cost (i.e., Purchase of 49 7
Testing Equipment)...........
------------------------------------------------------------------------
Total Net Annualized Cost Impacts
------------------------------------------------------------------------
Total Net Cost Impacts........ (60) 3
(107) 7
------------------------------------------------------------------------
[[Page 51453]]
Further discussion of the cost impacts of the proposed test procedure
amendments are presented in the following paragraphs.
1. Cost Impacts for Scope
As discussed in section III.A of this NOPR, in advance of the
compliance date of the energy conservation standards DOE is proposing
to amend the regulatory text to interpret the term ``ceiling fan'' as
defined by EPCA to mean those fans offered for mounting only on a
ceiling. Any fan, including a ceiling-mount air circulating fan head,
offered with other mounting options would not be a ceiling fan. Based
on a review of the ceiling fan market, DOE has observed that fans with
more than one mounting option tend to be fans with thin blades, high
tip speeds, and a guard. Accordingly, DOE identified that the majority
of the fans that would be properly classified as outside the definition
of a ceiling fan based on the clarification of the statutory scope
would be from the HSSD product class.
Based on a review of the ceiling fan market, DOE estimates there
are approximately 219 models that ceiling fan manufacturers could
potentially consider HSSD ceiling fans based on the ceiling fan
definition in Appendix U. DOE estimated that approximately 10 percent
of these models meet the proposed definition of an air circulating fan
head that has more than one mounting option beyond a ceiling mount, and
therefore would not be subject to DOE's test procedure and energy
conservation standards for ceiling fans. Therefore, DOE estimates that
approximately 22 models would not need to be tested nor potentially
redesigned to meet the upcoming energy conservation standards.
DOE estimates that ceiling fan manufacturers incur approximately
$1,525 to test HSSD ceiling fans.\16\ Therefore, DOE estimates that
ceiling fan manufacturers would have incurred cost of approximately
$33,550 in 2020, the year energy conservation standards become
effective and ceiling fan manufacturers are required to test and
certify all covered ceiling fans. Additionally, DOE anticipates that
ceiling fan manufacturers will introduce a new or modified model once
every 3.5 years, therefore, on average ceiling fan manufacturers would
introduce approximately 6 new or modified HSSD ceiling fan models each
year. Based on these estimates, ceiling fan manufacturers would have
incurred approximately $9,150 in testing costs each year after 2020.
Due to the proposed scope clarification ceiling fan manufacturers would
no longer incur these testing costs.
---------------------------------------------------------------------------
\16\ This is based on the testing cost described in the July
2016 CF TP final rule (81 FR 48620, 48636). This cost is in 2015$.
---------------------------------------------------------------------------
In addition to the cost savings from avoiding testing costs,
ceiling fan manufacturers would not incur conversion costs associated
with redesigning models that ceiling fan manufacturers could have
potentially considered HSSD ceiling fans based on the existing ceiling
fan definition, but are not considered ceiling fans based on the
proposed clarification. As part of the January 2017 CF ECS final rule,
DOE estimated the conversion costs of the adopted energy conservation
standards for HSSD ceiling fans. 82 FR 6826 (January 19, 2017). DOE
estimated that ceiling fan manufacturers would incur approximately $8.3
million in conversion costs to convert all non-compliant HSSD ceiling
fans into compliant models by the 2020 compliance date.\17\ As
previously stated, DOE estimates that approximately 10 percent of basic
models that manufacturers have certified as HSSD ceiling fans, but that
meet the proposed definition of air circulating fan head, would not be
subject to DOE's energy conservation standards for ceiling fans.
Therefore, DOE estimates that ceiling fan manufacturers would have
incurred approximately $831,000 in conversion costs to convert these
products leading up to the 2020 energy conservation standards
compliance date. Due to the proposed scope clarification ceiling fan,
manufacturers would be certain that they no longer need to incur these
conversion costs.
---------------------------------------------------------------------------
\17\ The conversion cost estimates presented in the January 2017
CF ECS final rule are broken out by product class in the published
GRIM. The January 2017 CF ECS adopted EL 4 for HSSD ceiling fans.
Capital conversion costs for HSSD ceiling fans at EL 4 were $5.5
million (2015$) and product conversion costs at EL 4 were $2.8
million (2015$).
---------------------------------------------------------------------------
DOE requests comment on its assumptions and understanding of the
estimated impact and associated cost savings to ceiling fan
manufacturers regarding DOE's proposal to clarify the scope.
Additionally, DOE requests comment on any potential cost not accounted
for in the analysis that ceiling fan manufacturers may incur due to
this proposed clarification.
2. Cost Impacts for Stability Criteria
As discussed in section III.C of this NOPR, DOE is proposing to
increase the tolerance for the stability criteria for the average air
velocity measurements of LSSD and VSD ceiling fans that meet the
definition of LSSD fans at low speed, and to codify in regulation
current guidance on calculating reported values on the FTC EnergyGuide
label. Based on review of the DOE's Compliance Certification Database
(CCD), DOE identified 22 unique manufacturers that make 3,339 unique
basic models of LSSD fans and seven unique basic models of VSD
fans.\18\ basic models.
---------------------------------------------------------------------------
\18\ DOE identified 7,231 ceiling fan entries in DOE's CCD on
February 26, 2019. Of those models, 3,473 are unique basic models.
There are 35 fans that have a diameter less than or equal to 18
inches. Seven of which are VSD fans that meet the definition of LSSD
fans and 28 which do not, and therefore are not subject to the DOE
test procedure. Additionally, there are 3,434 fans that either have
a diameter more than 18 inches and less than or equal to 84 inches,
or do not have a diameter listed in CCD. DOE assumed all these fans
were either LSSD or HSSD fans. Of these fans, 95 are HSSD fans and
3,339 are LSSD fans. Lastly, there are four fans that are large
diameter fans with diameters greater than 84 inches.
---------------------------------------------------------------------------
DOE expects its proposal to increase the tolerance for the average
air velocity stability criteria for low speed tests would reduce the
number of successive measurements needed for LSSD and VSD ceiling fans
without materially changing the efficiency results (see section III.C
of this NOPR for further details). The reduction in the number of
successive measurements required to achieve stability would reduce the
time to conduct the test, also reducing the per unit cost to test for
LSSD and VSD fans. DOE estimates that the proposed amendments to the
stability criteria may save approximately 20 minutes in testing time
for each LSSD or VSD fan tested. DOE estimates the average wage rate
plus employer provided benefits for an employee to conduct these tests
is $36.40 per hour.\19\ There are 688 LSSD fan models and seven VSD fan
models affected by this stability criteria proposal.\20\ DOE
anticipates that manufacturers would introduce new or modified models
once every 3.5 years, therefore, on average manufacturers would
introduce approximately 199 new or modified LSSD and VSD fan models
each year and would be required to test each fan model at least twice
in accordance with this test procedure.
[[Page 51454]]
Using these estimates, DOE anticipates cost savings of approximately
$4,829 each year for all LSSD and VSD ceiling fans affected by the
proposed stability criteria.\21\
---------------------------------------------------------------------------
\19\ The Bureau of Labor Statistics mean hourly wage rate for a
``Mechanical Engineering Technician'' is $28.00. (May 2018; https://www.bls.gov/oes/current/oes173027.htm).)
Additionally, according to the Annual Survey of Manufacturers
for NAICS code 335210, small electrical appliance manufacturing,
wages represent approximately 77 percent of total cost of
employment.
(AMS 2016, NAICS code 335210; https://www.census.gov/programs-surveys/asm.html).)
\20\ Of the 3,339 LSSD fans DOE identified, there were 688
unique basic models with more than 3 speed control settings. DOE
used this criteria to estimate the number of LSSD models that would
be affect by this proposed stability criteria. Additionally, DOE
assumed all seven VSD models would be affected as well.
\21\ This calculation includes a reduction of 20 minutes in
testing time, applied to 199 models each year, 2 tests per model,
and an hourly employment cost of $36.40 [(20/60) * 199 * 2 * $36.40
= $4,829].
---------------------------------------------------------------------------
In addition to the testing cost savings, manufacturers would likely
experience cost savings from avoiding the need to purchase additional
and more-costly air velocity sensors. Manufacturers are having trouble
achieving stability in low speed using their current sensors. DOE is
aware that upgrading air velocity sensors may be one way that
manufacturers can meet the stability criteria required by the current
test procedure. Upgraded sensors can cost between two and ten times as
much as the standard sensors that manufacturers typically use for
ceiling fan testing. To test ceiling fans up to 84 inches in diameter
with an air velocity sensor every 4 inches and in all four axes could
require a manufacturer to purchase, calibrate, and install as many as
45 upgraded sensors. DOE estimates that this investment would be
approximately $50,000 per manufacturer for these upgraded sensors.
Of the 22 companies DOE identified that make LSSD or VSD ceiling
fans for which these stability criteria apply and upgraded sensors may
be needed, DOE assumed that only companies making multiple models for
which these stability criteria apply to would purchase these upgraded
sensors. The other manufacturers that only have a single ceiling fan
model needing these upgraded sensors were assumed to contract third-
party labs for testing. In these cases, the third-party labs will bear
the cost of any necessary sensor upgrades. DOE estimates that 19
manufacturers would have invested in upgraded sensors to meet the
stability criteria to comply with the current test procedure.
Therefore, DOE estimates that the industry-wide one-time avoided cost
due to this proposal would be approximately $950,000.
DOE requests comment on its assumptions and understanding of the
estimated impact and associated cost savings to ceiling fan
manufacturers regarding DOE's proposal to increase the tolerance for
the stability criteria for the average air velocity measurements of
LSSD and VSD ceiling fans that meet the definition of LSSD fans at low
speed. Additionally, DOE requests comment on any potential cost
manufacturers may incur, if any, due to this proposed amendment.
3. Potential Cost Impacts if the Low Speed Criteria Definition Is
Modified
In addition to proposing to increase the tolerance for the
stability criteria for the average air velocity measurements of LSSD
and VSD ceiling fans, DOE might consider modifying the low speed
criteria definition, which is required to test LSSD and VSD ceiling
fans, as discussed in section III.C of this NOPR. Based on review of
the DOE's CCD, DOE identified 22 unique manufacturers that make 3,339
unique basic models of LSSD fans and seven unique basic models of VSD
fans.\22\
---------------------------------------------------------------------------
\22\ DOE identified 7,231 ceiling fan entries in DOE's CCD on
February 26, 2019. Of those models, 3,473 are unique basic models.
There are 35 fans that have a diameter less than or equal to 18
inches. Seven of which are VSD fans that meet the definition of LSSD
fans and 28 which do not, and therefore are not subject to the DOE
test procedure. Additionally, there are 3,434 fans that either have
a diameter more than 18 inches and less than or equal to 84 inches,
or do not have a diameter listed in CCD. DOE assumed all these fans
were either LSSD or HSSD fans. Of these fans, 95 are HSSD fans and
3,339 are LSSD fans. Lastly, there are four fans that are large
diameter fans with diameters greater than 84 inches.
---------------------------------------------------------------------------
DOE anticipates that this potential modification in definition
could reduce the total test time for a portion of LSSD and VSD ceiling
fans when conducting the low speed tests. DOE anticipates that
manufacturers of LSSD and VSD ceiling fans could save approximately 60
minutes in testing time for certain LSSD and VSD models if the low
speed criteria definition is adopted. As stated in the previous
section, DOE estimated there are 688 LSSD fan models and seven VSD fan
models affected by the stability criteria proposal. DOE estimates that
approximately 10 percent of these LSSD and VSD ceiling fans affected by
the stability criterial proposal could also be affected by the
potential low speed criteria definition modification. As previously
stated, DOE anticipates that manufacturers would introduce new or
modified models once every 3.5 years. Therefore, on average
manufacturers would introduce approximately 20 new or modified LSSD and
VSD fan models that could be affected each year by the potential low
speed criteria definition modification and would be required to test
each fan model at least twice in accordance with this test
procedure.\23\ Using these estimates, DOE anticipates potential cost
savings of approximately $1,456 each year for all LSSD and VSD ceiling
fans affected by the potential low speed criteria definition
modification.\24\
---------------------------------------------------------------------------
\23\ There are 688 LSSD ceiling fans and 7 VSD ceiling fans.
Approximately 10 percent of those fans could be impacted by the
potential low speed definition modification, so there are
approximately 70 ceiling fans potentially impacted [(688 + 7) * 0.10
= 69.5]. The design cycle for ceiling fans is approximately 3.5
years for a model, so on average 20 new ceiling fan models would be
introduced that could be affected by the potential low speed
definition modification [69.5/3.5 = 19.9].
\24\ This calculation includes a reduction of 60 minutes in
testing time, applied to 20 models each year, 2 tests per model, and
an hourly employment cost of $36.40 [(60/60) * 20 * 2 * $36.40 =
$1,456].
---------------------------------------------------------------------------
DOE requests comment on its assumptions and understanding of the
anticipated impact and potential cost savings to ceiling fan
manufacturers if DOE modifies the low speed criteria definition.
Additionally, DOE requests comment on any potential cost manufacturers
may incur, if any, due to this definition is modified.
4. Cost Impacts for Other Test Procedure Amendments
This notice proposes to specify that fans with blade spans larger
than 24 feet are not required to be tested pursuant to the DOE test
procedure for purposes of determining compliance with the energy
conservation standards established by DOE or making other
representations of efficiency. As stated in section III.E of this NOPR,
DOE has not identified any ceiling fans on the market with a blade span
greater than 24 feet. As such DOE does not expect there to be a cost
impact resulting from this proposed amendment.
Additionally, DOE believes that the other proposed amendments will
provide manufacturers with greater certainty in the conduct of the test
procedures. Regarding the proposed amendments to the certification
provisions, manufacturers are already required to determine the values
added under the proposal if making representations under the current
test procedure for ceiling fans and will be required to use these
values to ensure the products they distribute in commerce comply with
the amended energy conservation standards. In addition, the proposed
certification requirements will be necessary once compliance with the
amended standards is required and should not increase burden. DOE does
not estimate manufacturers would incur any additional costs or cost
savings from these additional proposed test procedure amendments.
DOE requests comment on any potential cost or cost savings, that
DOE did not account for, that ceiling fan manufacturers may incur due
to these additional test procedure amendments.
J. Other Test Procedure Topics
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of the existing test procedure for
ceiling fans
[[Page 51455]]
not already addressed by the specific areas identified in this
document. DOE particularly seeks information that would improve the
representativeness of the test procedure, as well as information that
would help DOE create a procedure that would limit manufacturer test
burden. Comments regarding repeatability and reproducibility are also
welcome. In particular, DOE notes that under Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs,'' Executive
Branch agencies such as DOE must manage the costs associated with the
imposition of expenditures required to comply with Federal regulations.
See 82 FR 9339 (Feb. 3, 2017). Consistent with that Executive Order,
DOE encourages the public to provide input on measures DOE could take
to lower the cost of its regulations applicable to ceiling fans
consistent with the requirements of EPCA.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget.
B. Review Under Executive Orders 13771 and 13777
On January 30, 2017, the President issued Executive Order (E.O.)
13771, ``Reducing Regulation and Controlling Regulatory Costs.'' E.O.
13771 stated the policy of the executive branch is to be prudent and
financially responsible in the expenditure of funds, from both public
and private sources. E.O. 13771 stated it is essential to manage the
costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations.
Additionally, on February 24, 2017, the President issued E.O.
13777, ``Enforcing the Regulatory Reform Agenda.'' E.O. 13777 required
the head of each agency designate an agency official as its Regulatory
Reform Officer (RRO). Each RRO oversees the implementation of
regulatory reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent with applicable
law. Further, E.O. 13777 requires the establishment of a regulatory
task force at each agency. The regulatory task force is required to
make recommendations to the agency head regarding the repeal,
replacement, or modification of existing regulations, consistent with
applicable law. At a minimum, each regulatory reform task force must
attempt to identify regulations that:
(i) Eliminate jobs, or inhibit job creation;
(ii) Are outdated, unnecessary, or ineffective;
(iii) Impose costs that exceed benefits;
(iv) Create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies;
(v) Are inconsistent with the requirements of Information Quality
Act, or the guidance issued pursuant to that Act, in particular those
regulations that rely in whole or in part on data, information, or
methods that are not publicly available or that are insufficiently
transparent to meet the standard for reproducibility; or
(vi) Derive from or implement Executive Orders or other
Presidential directives that have been subsequently rescinded or
substantially modified.
DOE initially concludes that this rulemaking is consistent with the
directives set forth in these executive orders. This proposed rule is
estimated to result in cost savings. Assuming a 7 percent discount
rate, the proposed rule would yield annualized cost savings of
approximately $107,000 (2016$). Therefore, if finalized as proposed,
this rule is expected to be an E.O. 13771 deregulatory action.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: http://energy.gov/gc/office-general-counsel.
The July 2016 CF TP final rule assessed potential impacts on small
businesses associated with ceiling fan test requirements. Specifically,
DOE assessed the projected costs of testing, and provided description
of steps taken to minimize impacts to small businesses. 81 FR 48620
(July 25, 2016) The January 2017 CF ECS final rule assessed potential
impacts on small businesses associated with the ceiling fan energy
conservation standards requirements. 82 FR 6826 (January 19, 2017)
Specifically, DOE estimated total conversion costs for small ceiling
fan manufacturers, and provided discussion on steps taken to minimize
the impacts. DOE had identified six companies in the July 2016 CF TP
final rule that are small businesses that maintain domestic production
facilities, four of which manufacture HSSD ceiling fans, and three
manufacture large-diameter ceiling fans.\25\ DOE did not, however,
identify any LSSD or VSD ceiling fan small businesses that maintain
domestic production facilities.
---------------------------------------------------------------------------
\25\ One small business manufactures both HSSD ceiling fans and
large-diameter ceiling fans.
---------------------------------------------------------------------------
This notice proposes amendments to the test procedures and
certification requirements for ceiling fans. This rulemaking provides
further specifications to existing requirements for testing and
compliance with standards and does not materially change the burden
associated with ceiling fan regulations on small entities regulated by
the rulemaking. Specifically, DOE proposes to specify that VSD ceiling
fans that do not also meet the definition of LSSD fan are not required
to be tested pursuant to the DOE test method for purposes of
demonstrating compliance with DOE's energy conservation standards for
ceiling fans or representations of efficiency. This proposal, which
would not require testing of any additional fans, would not result in a
significant impact to a substantial number of small entities. In
addition, as stated above, DOE did not identify any small LSSD or VSD
ceiling fan manufacturers that maintain domestic production facilities.
DOE also proposes to increase the tolerance for stability criteria
for the average air velocity measurements for LSSD and VSD ceiling fans
at low speed to reduce test burden without significantly changing test
procedure results. As discussed in section III.I, this proposal is
expected to reduce the test procedure burdens associated with testing
time and investments in testing equipment. In addition, DOE proposes to
codify current guidance on calculating several values reported on the
FTC EnergyGuide label for LSSD and VSD ceiling fans, which is expected
[[Page 51456]]
to provide manufacturers additional certainty in reporting test
measurements to DOE and to harmonize DOE and FTC reporting
requirements. While as noted above, DOE did not identify any small LSSD
or VSD ceiling fan manufacturers with domestic production facilities at
this time, this proposal would lower the burden on any small business
that determined to manufacture such fans domestically. In addition, DOE
proposes to interpret the term ``ceiling fan'' as defined by EPCA to
mean those fans offered for mounting only on a ceiling. Any fan,
including a ceiling-mount air circulating fan head, offered with other
mounting options would not be a ceiling fan.
DOE also proposes to specify that fans with a blade span larger
than 24 feet are not required to be tested according to the DOE test
procedure for large-diameter fans for purposes of determining
compliance with DOE energy conservation standards or to make other
representations of efficiency; this proposal is not expected to
increase the testing costs for large diameter fans. As stated in
section III.E of this NOPR, DOE has not identified any ceiling fans on
the market with a blade span greater than 24 feet. As such DOE does not
expect there to be a cost impact resulting from this proposed
amendment. This cost would remain at approximately $4,000 per ceiling
fan, and these costs would not accrue to any additional fans with
diameters greater than 24 feet. In this proposal, DOE would also amend
certification requirements and product-specific enforcement provisions
for consistency with the current test procedure and recently amended
energy conservation standards for ceiling fans; specifically, this
proposal would specify the use of the methods currently in Appendix U
for verifying certain ceiling fan characteristics. DOE does not expect
this proposal to significantly impact manufacturers because they are
already required to determine these values if making representations
under the current test procedure for ceiling fans, and because the
proposal clarifies how these values would be made when compliance with
standards is required.
For these reasons, DOE certifies that this rulemaking will not have
a significant economic impact on a substantial number of small
entities. Accordingly, DOE did not prepare an IRFA for this rulemaking.
DOE's certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).
D. Review Under the Paperwork Reduction Act of 1995
Manufacturers of ceiling fans must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including ceiling fans.
(See generally 10 CFR part 429.) The collection-of-information
requirement for the certification and recordkeeping is subject to
review and approval by OMB under the Paperwork Reduction Act (PRA).
This requirement has been approved by OMB under OMB control number
1910-1400. Public reporting burden for the certification is estimated
to average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
E. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act (NEPA) and DOE's NEPA implementing
regulations (10 CFR part 1021). DOE's regulations include a categorical
exclusion for rulemakings interpreting or amending an existing rule or
regulation that does not change the environmental effect of the rule or
regulation being amended. 10 CFR part 1021, subpart D, appendix A5. DOE
anticipates that this rulemaking qualifies for categorical exclusion A5
because it is an interpretive rulemaking that does not change the
environmental effect of the rule and otherwise meets the requirements
for application of a categorical exclusion. See 10 CFR 1021.410. DOE
will complete its NEPA review before issuing the final rule.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
G. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order
[[Page 51457]]
12988 requires Executive agencies to review regulations in light of
applicable standards in sections 3(a) and 3(b) to determine whether
they are met or it is unreasonable to meet one or more of them. DOE has
completed the required review and determined that, to the extent
permitted by law, the proposed rule meets the relevant standards of
Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also, available
at http://energy.gov/gc/office-general-counsel. DOE examined this
proposed rule according to UMRA and its statement of policy and
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the expenditure of $100 million or
more in any year, so these requirements do not apply.
I. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
J. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988) that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
K. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
L. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to amend the test procedure for
measuring the energy efficiency of ceiling fans is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
M. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
The proposed modifications to the test procedure for ceiling fans
adopted in this final rule do not incorporate any new standards that
would require consultation under section 32(b) of the FEAA.
N. Description of Materials Incorporated by Reference
In this NOPR, DOE proposes to incorporate by reference the test
standard published by ANSI/AMCA Standard 230-15 (``AMCA 230-15''),
titled ``Laboratory Methods of Testing Air Circulating Fans for Rating
and Certification.'' Specifically, the test procedure proposed by this
NOPR references a definition provided in AMCA 230-15. AMCA 230-15 is an
industry-standard test procedure for measuring the airflow efficiency
of commercial and industrial ceiling fans. AMCA 230-15 is available
from Air Movement and Control Association International, Inc. (AMCA),
30 West University Drive, Arlington Heights, IL 60004, (847) 394-0150,
or by going to http://www.amca.org/store/item.aspx?ItemId=81.
V. Public Participation
A. Submission of Comments
DOE invites all interested partied to submit in writing by November
29, 2019 comments and information regarding this proposed rule.
Submitting comments via http://www.regulations.gov. The http://
[[Page 51458]]
www.regulations.gov web page will require you to provide your name and
contact information prior to submitting comments. 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 http://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
http://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 http://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 http://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 http://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 in your cover letter 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.
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).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of the rulemaking
process. Interactions with and between members of the public provide a
balanced discussion of the issues and assist DOE in the rulemaking
process. Anyone who wishes to be added to the DOE mailing list to
receive future notices and information about this rulemaking should
contact Appliance and Equipment Standards Program staff at (202) 287-
1445 or via email at [email protected].
B. Issues on Which DOE Seeks Comment
Although comments are welcome on all aspects of this proposed
rulemaking, DOE is particularly interested in comments on the proposal
to interpret the term ``ceiling fan'' as defined by EPCA to mean those
fans offered for mounting only on a ceiling. Any fan, including a
ceiling-mount air circulating fan head, offered with other mounting
options would not be a ceiling fan. DOE also seeks comment on the
alternative interpretation of the term ``ceiling fan'' to mean that any
fan, including those meeting the definition of an ``air circulating fan
head'' in AMCA 230-2015, that does not have a ceiling mount option, or
that has more than one mounting option (even if one of the mounting
options is a ceiling mount), is not a ceiling fan. Such fans do not
meet the statutory criteria of being ``nonportable'', ``suspended from
the ceiling'', and ``for the purpose of circulating air.'' DOE also
requests comment and supporting data on what tip speed/outlet air speed
is appropriate as another means to differentiate ceiling fans from air
circulating fan heads that are not ceiling fans. DOE also seeks comment
on the extent to which the design criteria in EPCA do or do not apply
to air circulating fan heads, as a factual matter. DOE also seeks
comment on whether it is necessary to retain the exception for ceiling
fans where the plane of rotation of the ceiling fan's blades is greater
than 45 degrees from
[[Page 51459]]
horizontal, and for which the plane of rotation cannot be adjusted
based on the manufacturer's specifications to be less than or equal to
45 degrees from horizontal; proposed clarification to the ceiling fan
test procedure to not require testing for VSD ceiling fans that do not
also meet the definition of LSSD fan; the proposed alternate stability
criteria for average air velocity measurements; the potential
modification of the low speed definition; the proposed calculation
methods for values reported on the EnergyGuide label; the proposal to
not require testing for large-diameter ceiling fans with blade spans
greater than 24 feet and the availability of sufficient testing
facilities for large-diameter fans, including those larger than 24 feet
in diameter; the proposed certification requirements and product-
specific enforcement provisions; and its understanding of the impact
and associated cost savings (or potential costs) of these proposed
amendments.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects
10 CFR Part 429
Confidential business information, Energy conservation, Household
appliances, Imports, Reporting and recordkeeping requirements.
10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Signed in Washington, DC, on September 9, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend parts
429 and 430 of Chapter II of Title 10, Code of Federal Regulations as
set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Section 429.32 is amended by:
0
a. Revising the paragraph (a)(2) introductory text and paragraph
(a)(2)(ii)(B);
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b);
0
d. Adding paragraph (c).
The revisions and additions read as follows:
Sec. 429.32 Ceiling fans.
(a) * * *
(2) For each basic model of ceiling fan, a sample of sufficient
size must be randomly selected and tested to ensure that--
* * * * *
(ii) * * *
(B) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.1, where:
[GRAPHIC] [TIFF OMITTED] TP30SE19.007
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.95 is the t statistic for a
95% one-tailed confidence interval with n-1 degrees of freedom (from
appendix A to this subpart); and
(3) For each basic model of ceiling fan,
(i) Any represented value of blade span, as defined in section 1.7
of appendix U to subpart B of part 430, is the mean of the blade spans
measured for the sample selected as described in paragraph (a)(1) of
this section, rounded to the nearest inch; and
(ii) Any represented value of blade revolutions per minute (RPM) is
the mean of the blade RPM measurements measured for the sample selected
as described in paragraph (a)(1) of this section, rounded to the
nearest RPM; and
(iii) Any represented value of blade edge thickness is the mean of
the blade edge thicknesses measured for the sample selected as
described in paragraph (a)(1) of this section, rounded to the nearest
tenth of an inch; and
(iv) Any represented value of the distance between the ceiling and
the lowest point on the fan blades is the mean of the distances
measured for the sample selected as described in paragraph (a)(1) of
this section, rounded to the nearest quarter of an inch; and
(v) Any represented value of tip speed is pi multiplied by
represented value of blade span divided by twelve multiplied by the
represented value of RPM, rounded to the nearest foot per minute; and
(4) To determine values required by the Federal Trade Commission
(FTC), use the following provisions. Note that, for multi-mount ceiling
fans these values must be reported on the EnergyGuide label for the
ceiling fan configuration with the lowest efficiency.
(i) FTC Airflow. Determine the represented value for FTC airflow by
calculating the weighted-average airflow of an LSSD or VSD ceiling fan
basic model at low and high fan speed as follows:
[GRAPHIC] [TIFF OMITTED] TP30SE19.008
Where:
AirflowFTC = represented value for FTC airflow, rounded to the
nearest CFM,
CFMLow = represented value of measured airflow, in cubic feet per
minute, at low fan speed, pursuant to paragraph (a)(2)(i) of this
section, and
CFMHigh = represented value of measured airflow, in cubic feet per
minute, at high fan speed, pursuant to paragraph (a)(2)(i) of this
section.
(ii) FTC Energy Use. Determine represented value for FTC energy use
by calculating the weighted-average power consumption of an LSSD or VSD
ceiling fan basic model at low and high fan speed as follows:
[GRAPHIC] [TIFF OMITTED] TP30SE19.009
[[Page 51460]]
Where:
Energy UseFTC = represented value for FTC Energy Use, rounded to the
nearest watt,
WLow = represented value of measured power consumption, in watts, at
low fan speed, pursuant to paragraph (a)(2)(ii) of this section,
WHigh = represented value of measured power consumption, in watts,
at high fan speed, pursuant to paragraph (a)(2)(ii) of this section,
and
WSb = represented value of measured power consumption, in watts, in
standby mode, pursuant to paragraph (a)(2)(ii) of this section.
(iii) FTC Estimated Yearly Energy Cost. Determine the represented
value for FTC estimated yearly energy cost of an LSSD or VSD ceiling
fan basic model at low and high fan speed as follows:
[GRAPHIC] [TIFF OMITTED] TP30SE19.010
Where:
EYECFTC = represented value for FTC estimated yearly energy cost,
rounded to the nearest dollar, and
WLow = represented value of measured power consumption, in watts, at
low fan speed, pursuant to paragraph (a)(2)(ii) of this section,
WHigh = represented value of measured power consumption, in watts,
at high fan speed, pursuant to paragraph (a)(2)(ii) of this section,
and
WSb = represented value of measured power consumption, in watts, in
standby mode, pursuant to paragraph (a)(2)(ii) of this section.
(b) Certification reports. (1) The requirements of Sec. 429.12 are
applicable to ceiling fans; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) For all ceiling fans: Blade span (in), ceiling fan efficiency
(CFM/W) (in both hugger and standard configurations for multi-mount
fans), the number of speeds within the ceiling fan controls, and a
declaration that the manufacturer has incorporated the applicable
design requirements.
(ii) For small-diameter ceiling fans: A declaration whether the
ceiling fan is a multi-head ceiling fan.
(iii) For low-speed small-diameter ceiling fans: A declaration
whether the ceiling fan is a multi-mount ceiling fan.
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information for
small-diameter ceiling fans: Blade edge thickness (in), airflow (CFM)
at high speed, blade RPM at high speed, and the distance (in) between
the ceiling and the lowest point on the fan blades (in both hugger and
standard configurations for multi-mount fans).
(c) Rounding Requirements. Any represented value of ceiling fan
efficiency, as described in paragraph (a)(2)(i) of this section must be
expressed in cubic feet per minute per watt (CFM/W) and rounded to the
nearest whole number.
0
3. Section 429.134 is amended by adding paragraph (s) to read as
follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(s) Ceiling Fans--(1) Verification of blade span. DOE will measure
the blade span and round the measurement pursuant to the test
requirements of 10 CFR part 430 of this chapter for each unit tested.
DOE will consider the represented blade span valid only if the rounded
measurement(s) (either the rounded measured value for a single unit, or
the mean of the rounded measured values for a multiple unit sample,
rounded to the nearest inch) is the same as the represented blade span.
(i) If DOE determines that the represented blade span is valid,
that blade span will be used as the basis for determining the product
class and calculating the minimum allowable ceiling fan efficiency.
(ii) If DOE determines that the represented blade span is invalid,
DOE will use the rounded measured blade span(s) as the basis for
determining the product class, and calculating the minimum allowable
ceiling fan efficiency.
(2) Verification of the distance between the ceiling and lowest
point of fan blades. DOE will measure the distance between the ceiling
and lowest point of the fan blades and round the measurement pursuant
to the test requirements of 10 CFR part 430 of this chapter for each
unit tested. DOE will consider the represented distance valid only if
the rounded measurement(s) (either the measured value for a single
unit, or the mean of the measured values for a multiple unit sample,
rounded to the nearest quarter inch) are the same as the represented
distance.
(i) If DOE determines that the represented distance is valid, that
distance will be used as the basis for determining the product class.
(ii) If DOE determines that the represented distance is invalid,
DOE will use the rounded measured distance(s) as the basis for
determining the product class.
(3) Verification of blade revolutions per minute (RPM) measured at
high speed. DOE will measure the blade RPM at high speed pursuant to
the test requirements of 10 CFR part 430 of this chapter for each unit
tested. DOE will consider the represented blade RPM measured at high
speed valid only if the measurement(s) (either the measured value for a
single unit, or the mean of the measured values for a multiple unit
sample, rounded to the nearest RPM) are within the greater of 1% or 1
RPM of the represented blade RPM at high speed.
(i) If DOE determines that the represented RPM is valid, that RPM
will be used as the basis for determining the product class.
(ii) If DOE determines that the represented RPM is invalid, DOE
will use the rounded measured RPM(s) as the basis for determining the
product class.
(4) Verification of blade edge thickness. DOE will measure the
blade edge thickness and round the measurement pursuant to the test
requirements of 10 CFR part 430 for each unit tested. DOE will consider
the represented blade edge thickness valid only if the measurement(s)
(either the measured value for a single unit, or the mean of the
measured values for a multiple unit sample, rounded to the nearest
tenth of an inch) are the same as the represented blade edge thickness.
(i) If DOE determines that the represented blade edge thickness is
valid, that blade edge thickness will be used for determining product
class.
(ii) If DOE determines that the represented blade edge thickness is
invalid, DOE will use the rounded measured blade edge thickness(es) as
the basis for determining the product class.
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
4. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C.6291-6309; 28 U.S.C. 2461 note.
[[Page 51461]]
0
5. Section 430.2 is amended by revising the definition of ``Ceiling
fan'' to read as follows:
Sec. 430.2 Definitions.
* * * * *
Ceiling fan means a nonportable device that is suspended from a
ceiling for circulating air via the rotation of fan blades. For
purposes of this definition, the term ``suspended from a ceiling''
means offered for mounting on a ceiling, and the term ``nonportable''
means not offered for mounting on a surface other than a ceiling. For
all other ceiling fan-related definitions, see appendix U to this
subpart.
[Alternatively, Ceiling fan means a nonportable device that is
suspended from a ceiling for circulating air via the rotation of fan
blades. DOE interprets this term to mean that any fan, including those
meeting the definition of an ``air circulating fan head'' in AMCA 230-
15 (incorporated by reference; see Sec. 430.3), that does not have a
ceiling mount option, or that has more than one mounting option (even
if one of the mounting options is a ceiling mount), is not a ceiling
fan. Such fans do not meet the statutory criteria of being
``nonportable'', ``suspended from the ceiling'', and ``for the purpose
of circulating air.'' For all other ceiling fan-related definitions,
see appendix U to this subpart.]
* * * * *
0
6. Section 430.3 is amended by adding paragraph (b)(4) to read as
follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(b) * * *
(4) ANSI/AMCA Standard 230-15 (``AMCA 230-15''), ``Laboratory
Methods of Testing Air Circulating Fans for Rating and Certification,''
ANSI approved October 16, 2015, IBR approved for Sec. 430.2 to this
subpart.
* * * * *
0
7. Section 430.23 is amended by revising paragraph (w) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(w) Ceiling fans. Measure the following attributes of a single
ceiling fan in accordance with appendix U to this subpart: Airflow;
power consumption; ceiling fan efficiency; distance between the ceiling
and lowest point of fan blades; blade span; blade edge thickness; and
blade revolutions per minute (RPM).
* * * * *
0
8. Appendix U to subpart B of part 430 is amended by:
0
a. Revising sections 1.7, 1.11, 1.12, 1.13, 1.14, 1.16, 1.20, 1.21, and
1.23;
0
b. Revising section 3, 3.2, 3.2.2(1), 3.2.2(4), 3.2.2(6), 3.2.3, 3.3,
3.3.1(4), 3.3.2(1), 3.3.2(1) Step 1, 3.3.2(1) Step 7, 3.4.1, 3.6(1)(i)
and (ii) and 4.
The revisions and additions read as follows:
Appendix U to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Ceiling Fans
* * * * *
1.7. Blade span means the diameter of the largest circle swept
by any part of the fan blade assembly, including attachments. The
represented value of blade span (D) is as determined in 10 CFR
429.32.
* * * * *
1.11. High-speed small-diameter (HSSD) ceiling fan means a
small-diameter ceiling fan that is not a very-small-diameter ceiling
fan, highly-decorative ceiling fan or belt-driven ceiling fan and
that has a represented value of blade edge thickness, as determined
in 10 CFR 429.32(a)(2)(v), of less than 3.2 mm or a maximum
represented value of tip speed, as determined in 10 CFR
429.32(a)(2)(vii), greater than the applicable limit specified in
the table in this definition.
High-Speed Small-Diameter Ceiling Fan Blade and Tip Speed Criteria
----------------------------------------------------------------------------------------------------------------
Thickness (t) of edges of blades Tip speed threshold
Airflow direction -------------------------------------------------------------------------------
Mm Inch m/s feet per minute
----------------------------------------------------------------------------------------------------------------
Downward-only................... 4.8 > t >= 3.2 \3/16\ > t >= \1/ 16.3 3,200
8\
Downward-only................... t >= 4.8 t >= \3/16\ 20.3 4,000
Reversible...................... 4.8 > t >= 3.2 \3/16\ > t >= \1/ 12.2 2,400
8\
Reversible...................... t >= 4.8 t >= \3/16\ 16.3 3,200
----------------------------------------------------------------------------------------------------------------
1.12. Highly-decorative ceiling fan means a ceiling fan with a
maximum represented value of blade revolutions per minute (RPM), as
determined in 10 CFR 429.32(a)(2)(iv), of 90 RPM, and a represented
value of airflow at high speed, as determined in 10 CFR
429.32(a)(2)(i), of less than 1,840 CFM.
1.13. Hugger ceiling fan means a low-speed small-diameter
ceiling fan that is not a very-small-diameter ceiling fan, highly-
decorative ceiling fan, or belt-driven ceiling fan, and for which
the represented value of the distance between the ceiling and the
lowest point on the fan blades, as determined in 10 CFR
429.32(a)(2)(vi), is less than or equal to 10 inches.
1.14. Large-diameter ceiling fan means a ceiling fan that is not
a highly-decorative ceiling fan or belt-driven ceiling fan and has a
represented value of blade span, as determined in 10 CFR
429.32(a)(2)(iii), greater than seven feet and not greater than 24
feet.
* * * * *
1.16. Low-speed small-diameter (LSSD) ceiling fan means a small-
diameter ceiling fan that has a represented value of blade edge
thickness, as determined in 10 CFR 429.32(a)(2)(v), greater than or
equal to 3.2 mm and a maximum represented value of tip speed, as
determined in 10 CFR 429.32(a)(2)(vii), less than or equal to the
applicable limit specified in the table in this definition.
Low-Speed Small-Diameter Ceiling Fan Blade and Tip Speed Criteria
----------------------------------------------------------------------------------------------------------------
Thickness (t) of edges of blades Tip speed threshold
Airflow direction -------------------------------------------------------------------------------
Mm Inch m/s feet per minute
----------------------------------------------------------------------------------------------------------------
Reversible...................... 4.8 > t >= 3.2 \3/16\ > t >= \1/ 12.2 2,400
8\
Reversible...................... t >= 4.8 t >= \3/16\ 16.3 3,200
----------------------------------------------------------------------------------------------------------------
[[Page 51462]]
* * * * *
1.20. Small-diameter ceiling fan means a ceiling fan that has a
represented value of blade span, as determined in 10 CFR
429.32(a)(2)(iii), less than or equal to seven feet.
1.21. Standard ceiling fan means a low-speed small-diameter
ceiling fan that is not a very-small-diameter ceiling fan, highly-
decorative ceiling fan or belt-driven ceiling fan, and for which the
represented value of the distance between the ceiling and the lowest
point on the fan blades, as determined in 10 CFR 429.32(a)(2)(vi),
is greater than 10 inches.
* * * * *
1.23. Very-small-diameter (VSD) ceiling fan means a small-
diameter ceiling fan that is not a highly-decorative ceiling fan or
belt-driven ceiling fan; and has one or more fan heads, each of
which has a represented value of blade span, as determined in 10 CFR
429.32(a)(2)(iii), of 18 inches or less. Only VSD fans that also
meet the definition of an LSSD fan are required to be tested for
purposes of determining compliance with energy efficiency standards
established by DOE and for other representations of energy
efficiency.
* * * * *
3. General Instructions, Test Apparatus, and Test Measurement:
The test apparatus and test measurement used to determine energy
performance depend on the ceiling fan's blade span, and in some
cases the ceiling fan's blade edge thickness. For each tested
ceiling fan, measure the lateral distance from the center of the
axis of rotation of the fan blades to the furthest fan blade edge
from the center of the axis of rotation. Measure this lateral
distance at the resolution of the measurement instrument, using an
instrument with a measurement resolution of least 0.25 inches.
Multiply the lateral distance by two and then round to the nearest
whole inch to determine the blade span. For ceiling fans having a
blade span greater than 18 inches and less than or equal to 84
inches, measure the ceiling fan's blade edge thickness. To measure
the fan blade edge thickness, use an instrument with a measurement
resolution of at least one tenth of an inch and measure the
thickness of one fan blade's leading edge (in the forward direction)
direction) according to the following:
(1) At the point at which the blade is thinnest along the radial
length of the fan blade and is greater than or equal to one inch
from the tip of the fan blade, and
(2) One inch from the leading edge of the fan blade. See Figure
1 of this appendix for an instructional schematic on making the fan
blade edge thickness measurement. Figure 1 depicts a ceiling fan
from above. Round the measured blade edge thickness to the nearest
tenth of an inch.
[GRAPHIC] [TIFF OMITTED] TP30SE19.011
* * * * *
3.2 Test apparatus for low-speed small-diameter, very-small-
diameter, and high-speed small-diameter ceiling fans: All
instruments are to have accuracies within 1% of reading,
except for the air velocity sensors, which must have accuracies
within 5% of reading or 2 feet per minute (fpm),
whichever is greater. Equipment is to be calibrated at least once a
year to compensate for variation over time.
* * * * *
3.2.2. Equipment Set-Up
(1) Make sure the transformer power is off. Hang the ceiling fan
to be tested directly from the ceiling, according to the
manufacturer's installation instructions. Hang all non-multi-mount
ceiling fans in the fan configuration that minimizes the distance
between the ceiling and the lowest point of the fan blades. Hang and
test multi-mount fans in two configurations: The configuration
associated the definition of a standard fan that minimizes the
distance between the ceiling and the lowest point of the fan blades
and the configuration associated with the definition of a hugger fan
that minimizes the distance between the ceiling and the lowest point
of the fan blades. For all tested configurations, measure the
distance between the ceiling and the lowest point of the fan blade
using an instrument with a measurement resolution of at least 0.25
inches. Round the measured distance from the ceiling to the lowest
point of the fan blade to the nearest quarter inch.
* * * * *
(4) Either a rotating sensor arm or four fixed sensor arms can
be used to take air velocity measurements along four axes, labeled
A-D. Axes A, B, C, and D are at 0, 90, 180, and 270 degree
positions. Axes A-D must be perpendicular to the four walls of the
room. See Figure 2 of this appendix.
[[Page 51463]]
[GRAPHIC] [TIFF OMITTED] TP30SE19.012
* * * * *
(6) Place the sensors at intervals of 4 0.0625
inches along a sensor arm, starting with the first sensor at the
point where the four axes intersect. Do not touch the actual sensor
prior to testing. Use enough sensors to record air delivery within a
circle 8 inches larger in diameter than the blade span of the
ceiling fan being tested. The experimental set-up is shown in Figure
3 of this appendix.
[GRAPHIC] [TIFF OMITTED] TP30SE19.013
* * * * *
3.2.3. Multi-Head Ceiling Fan Test Set-Up
Hang a multi-headed ceiling fan from the ceiling such that one
of the ceiling fan heads is centered directly over sensor 1 (i.e.,
at the intersection of axes A, B, C, and D). The distance between
the lowest point any of the fan blades of the centered fan head can
reach and the air velocity sensors is to be such that
[[Page 51464]]
it is the same as for all other small-diameter ceiling fans (see
Figure 3 of this appendix). If the multi-head ceiling fan has an
oscillating function (i.e., the fan heads change their axis of
rotation relative to the ceiling) that can be switched off, switch
it off prior to taking air velocity measurements. If any multi-head
fan does not come with the blades preinstalled, install fan blades
only on the fan head that will be directly centered over the
intersection of the sensor axes. (Even if the fan heads in a multi-
head ceiling fan would typically oscillate when the blades are
installed on all fan heads, the ceiling fan is subject to this test
procedure if the centered fan head does not oscillate when it is the
only fan head with the blades installed.) If the fan blades are
preinstalled on all fan heads, measure air velocity in accordance
with section 3.3 of this appendix except turn on only the centered
fan head. Take the power consumption measurements separately, with
the fan blades installed on all fan heads and with any oscillating
function, if present, switched on.
* * * * *
3.3 Active mode test measurement for low-speed small-diameter,
very-small-diameter and high-speed small-diameter ceiling fans.
3.3.1 Test conditions to be followed when testing:
* * * * *
(4) If present, turn off any oscillating function causing the
axis of rotation of the fan head(s) to change relative to the
ceiling during operation prior to taking air velocity measurements.
Turn on any oscillating function prior to taking power measurements.
* * * * *
3.3.2 Air Velocity and Power Consumption Testing Procedure:
Measure the air velocity (fpm) and power consumption (W) for
HSSD ceiling fans until stable measurements are achieved, measuring
at high speed only. Measure the air velocity and power consumption
for LSSD and VSD ceiling fans that also meet the definition of an
LSSD fan until stable measurements are achieved, measuring first at
low speed and then at high speed. Air velocity and power consumption
measurements are considered stable for high speed if:
(1) The average air velocity for each sensor varies by less than
5% or 2 fpm, whichever is greater, 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.
Air velocity and power consumption measurements are considered
stable for low speed if:
(1) The average air velocity for each sensor varies by less than
10% or 2 fpm, whichever is greater, 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.
These stability criteria are applied differently to ceiling fans
with airflow not directly downward. See section 3.3.3 of this
appendix.
* * * * *
Step 2: Set software up to read and record air velocity,
expressed in feet per minute (fpm) in 1 second intervals.
(Temperature does not need to be recorded in 1 second intervals.)
Record current barometric pressure.
Step 3: Allow test fan to run 15 minutes at rated voltage and at
high speed if the ceiling fan is an HSSD ceiling fan. If the ceiling
fan is an LSSD or VSD ceiling fan that also meets the definition of
an LSSD fan, allow the test fan to run 15 minutes at the rated
voltage and at low speed. Turn off all forced-air environmental
conditioning equipment entering the chamber (e.g., air
conditioning), close all doors and vents, and wait an additional 3
minutes prior to starting test session.
Step 4a: For a rotating sensor arm: Begin recording readings.
Starting with Axis A, take 100 air velocity readings (100 seconds
run-time) and record these data. For all fans except multi-head fans
and fans capable of oscillating, also measure power during the
interval that air velocity measurements are taken. Rotate the arm
and repeat for Axes B, C, and D; save these data as well. Record the
average value of the power measurement in watts (W) (400 readings).
Record the average value of the air velocity readings for each
sensor in feet per minute (fpm) (400 readings).
Step 4b: For four fixed sensor arms: Begin recording readings.
Take 100 air velocity readings (100 seconds run-time) and record
these data. Take the readings for all sensor arms (Axes A, B, C, and
D) simultaneously. For all fans except multi-head fans and fans
capable of oscillating, also measure power during the interval that
air velocity measurements are taken. Record the average value of the
power measurement in watts (W) (100 readings). Record the average
value of the air velocity readings for each sensor in feet per
minute (fpm) (100 readings).
Step 5: Repeat step 4a or 4b until stable measurements are
achieved.
Step 6: Repeat steps 1 through 5 above on high speed for LSSD
and VSD ceiling fans that also meet the definition of an LSSD fan.
Note: Ensure that temperature and humidity readings are maintained
within the required tolerances for the duration of the test (all
tested speeds). Forced-air environmental conditioning equipment may
be used and doors and vents may be opened between test sessions to
maintain environmental conditions.
Step 7: If testing a multi-mount ceiling fan, repeat steps 1
through 6 with the ceiling fan in the ceiling fan configuration
(associated with either hugger or standard ceiling fans) not already
tested.
If a multi-head ceiling fan includes more than one category of
ceiling fan head, then test at least one of each unique category. A
fan head with different construction that could affect air movement
or power consumption, such as housing, blade pitch, or motor, would
constitute a different category of fan head.
Step 8: For multi-head ceiling fans, measure active (real) power
consumption in all phases simultaneously at each speed continuously
for 100 seconds with all fan heads turned on, and record the average
value at each speed in watts (W).
For ceiling fans with an oscillating function, measure active
(real) power consumption in all phases simultaneously at each speed
continuously for 100 seconds with the oscillating function turned
on. Record the average value of the power measurement in watts (W).
For both multi-head ceiling fans and fans with an oscillating
function, repeat power consumption measurement until stable power
measurements are achieved.
* * * * *
3.3.3 Air Velocity Measurements for Ceiling Fans with Airflow
Not Directly Downward:
Using the number of sensors that cover the same diameter as if
the airflow were directly downward, record air velocity at each
speed from the same number of continuous sensors with the largest
air velocity measurements. This continuous set of sensors must be
along the axis that the ceiling fan tilt is directed in (and along
the axis that is 180 degrees from the first axis). For example, a
42-inch fan tilted toward axis A may create the pattern of air
velocity shown in Figure 4 of this appendix. As shown in Table 1 of
this appendix, a 42-inch fan would normally require 7 active sensors
per axis. However, because the fan is not directed downward, all
sensors must record data. In this case, because the set of sensors
corresponding to maximum air velocity are centered 3 sensor
positions away from the sensor 1 along the A axis, substitute the
air velocity at A axis sensor 4 for the average air velocity at
sensor 1. Take the average of the air velocity at A axis sensors 3
and 5 as a substitute for the average air velocity at sensor 2, take
the average of the air velocity at A axis sensors 2 and 6 as a
substitute for the average air velocity at sensor 3, etc. Lastly,
take the average of the air velocities at A axis sensor 10 and C
axis sensor 4 as a substitute for the average air velocity at sensor
7. Stability criteria apply after these substitutions. For example,
air velocity stability at sensor 7 are determined based on the
average of average air velocity at A axis sensor 10 and C axis
sensor 4 in successive measurements. Any air velocity measurements
made along the B-D axis are not included in the calculation of
average air velocity.
[[Page 51465]]
[GRAPHIC] [TIFF OMITTED] TP30SE19.014
* * * * *
3.4.1 The test procedure is applicable to all large-diameter
ceiling fans.
* * * * *
3.6 Test measurement for standby power consumption.
(1) * * *
(i) The ability to facilitate the activation or deactivation of
other functions (including active mode) by remote switch (including
remote control), internal sensor, or timer.
(ii) Continuous functions, including information or status
displays (including clocks), or sensor-based functions.
* * * * *
4. Calculation of Ceiling Fan Efficiency From the Test Results:
4.1 Calculation of effective area for small-diameter ceiling
fans:
Calculate the effective area corresponding to each sensor used
in the test method for small-diameter ceiling fans (section 3.3 of
this appendix) with the following equations:
(1) For sensor 1, the sensor located directly underneath the
center of the ceiling fan, the effective width of the circle is 2
inches, and the effective area is:
[GRAPHIC] [TIFF OMITTED] TP30SE19.015
(2) For the sensors between sensor 1 and the last sensor used in
the measurement, the effective area has a width of 4 inches. If a
sensor is a distance d, in inches, from sensor 1, then the effective
area is:
[GRAPHIC] [TIFF OMITTED] TP30SE19.016
(3) For the last sensor, the width of the effective area depends
on the horizontal displacement between the last sensor and the point
on the ceiling fan blades furthest radially from the center of the
fan. The total area included in an airflow calculation is the area
of a circle 8 inches larger in diameter than the ceiling fan blade
span (as specified in section 3 of this appendix).
Therefore, for example, for a 42-inch ceiling fan, the last
sensor is 3 inches beyond the end of the ceiling fan blades. Because
only the area within 4 inches of the end of the ceiling fan blades
is included in the airflow calculation, the effective width of the
circle corresponding to the last sensor would be 3 inches. The
calculation for the effective area corresponding to the last sensor
would then be:
[GRAPHIC] [TIFF OMITTED] TP30SE19.017
For a 46-inch ceiling fan, the effective area of the last sensor
would have a width of 5 inches, and the effective area would be:
[GRAPHIC] [TIFF OMITTED] TP30SE19.018
4.2 Calculation of airflow and efficiency for ceiling fans:
Calculate fan airflow using the overall average of both sets of
air velocity measurements at each sensor position from the
successive sets of measurements that meet the stability criteria
from section 3.3 of this appendix. To calculate airflow for HSSD,
[[Page 51466]]
LSSD, and VSD ceiling fans, multiply the overall average air
velocity at each sensor position from section 3.3 (for high speed
for HSSD, LSSD, and VSD ceiling fans that also meet the definition
of an LSSD fan, and repeated for low speed only for LSSD and VSD
ceiling fans that also meet the definition of an LSSD fan) by that
sensor's effective area (see section 4.1 of this appendix), and then
sum the products to obtain the overall calculated airflow at the
tested speed.
For each speed, using the overall calculated airflow and the
overall average power consumption measurements from the successive
sets of measurements for small-diameter ceiling fans, or the airflow
and power consumption measurements from section 3.5 of this appendix
for all tested settings for large-diameter ceiling fans, calculate
ceiling fan efficiency as follows:
[GRAPHIC] [TIFF OMITTED] TP30SE19.019
Where:
CFMi = airflow at speed i,
OHi = operating hours at speed i, as specified in Table 3
of this appendix,
Wi = power consumption at speed i,
OHSb = operating hours in standby mode, as specified in
Table 3 of this appendix, and
WSb = power consumption in standby mode.
Calculate two ceiling fan efficiencies for multi-mount ceiling
fans: One efficiency corresponds to the ceiling fan mounted in the
configuration associated with the definition of a hugger ceiling
fan, and the other efficiency corresponds to the ceiling fan mounted
in the configuration associated with the definition of a standard
ceiling fan.
Table 3 to Appendix U to Subpart B of Part 430: Daily Operating Hours
for Calculating Ceiling Fan Efficiency
------------------------------------------------------------------------
No standby With standby
------------------------------------------------------------------------
Daily Operating Hours for LSSD and VSD ** Ceiling Fans
------------------------------------------------------------------------
High Speed.............................. 3.4 3.4
Low Speed............................... 3.0 3.0
Standby Mode............................ 0.0 17.6
Off Mode................................ 17.6 0.0
------------------------------------------------------------------------
Daily Operating Hours for HSSD Ceiling Fans
------------------------------------------------------------------------
High Speed.............................. 12.0 12.0
Standby Mode............................ 0.0 12.0
Off Mode................................ 12.0 0.0
------------------------------------------------------------------------
Daily Operating Hours for Large-Diameter Ceiling Fans
------------------------------------------------------------------------
Active Mode *........................... 12.0 12.0
Standby Mode............................ 0.0 12.0
Off Mode................................ 12.0 0.0
------------------------------------------------------------------------
* The active mode hours must be apportioned equally across the number of
active mode speeds tested (e.g., if four speeds are tested, 25% of the
active mode hours are apportioned to each speed).
** These values apply only to VSD fans that also meet the definition of
an LSSD fan.
4.3 Calculation of airflow and efficiency for multi-head ceiling
fans:
Calculate airflow for each fan head using the method described
in section 4.2 of this appendix. To calculate overall airflow at a
given speed for a multi-head ceiling fan, sum the airflow for each
fan head included in the ceiling fan (a single airflow can be
applied to each of the identical fan heads, but at least one of each
unique fan head must be tested). The power consumption is the
measured power consumption with all fan heads on. Using the airflow
as described in this section, and power consumption measurements
from section 3.3 of this appendix, calculate ceiling fan efficiency
for a multi-head ceiling fan as follows:
[GRAPHIC] [TIFF OMITTED] TP30SE19.020
Where:
CFMi = sum of airflows for each head at speed i,
OHi = operating hours at speed i as specified in Table 3
of this appendix,
Wi = power consumption at speed i,
OHSb = operating hours in standby mode as specified in
Table 3 of this appendix, and
WSb = power consumption in standby mode.
0
9. Section 430.32 is amended by:
0
a. Revising the introductory text in paragraph (s)(2)(ii); and
0
b. Adding paragraph (s)(2)(ii)(F).
The revisions and additions read as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(s) * * *
(2) * * *
(ii) The standards described in paragraph (s)(2)(i) of this section
apply to ceiling fans except:
* * * * *
(F) Ceiling fans with blade spans greater than 24 feet.
* * * * *
[FR Doc. 2019-20827 Filed 9-27-19; 8:45 am]
BILLING CODE 6450-01-P