[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72862-72866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25749]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2013-BT-TP-0050]
RIN 1904-AD88


Energy Conservation Program: Energy Conservation Standards for 
Ceiling Fans

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; technical amendment.

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[[Page 72863]]

SUMMARY: The Energy Policy and Conservation Act, as amended (``EPCA''), 
prescribes energy conservation standards for various consumer products, 
including ceiling fans. The Energy Act of 2020 amended the energy 
conservation standards for large-diameter ceiling fans (``LDCFs''). DOE 
codified these efficiency requirements in a final rule published May 
27, 2021. When DOE published the final rule codifying the standards for 
LDCFs in 2021, DOE's test procedure for LDCFs was applicable only to 
those ceiling fans with a diameter less than or equal to 24 feet. As a 
result, DOE could not implement the full scope of LDCF standards set 
forth in the Energy Act of 2020. In order to remedy this situation, DOE 
has removed this limit on ceiling fan diameter in the most recent test 
procedure rulemaking for ceiling fans. As such, DOE is now able to 
implement in this final rule the full scope of standards for LDCFs set 
forth in the Energy Act of 2020.

DATES: The effective date of this rule is November 28, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Email: [email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Clarification of the Scope of the LDCF Standards Established in 
the Energy Act of 2020
III. Final Action
IV. Procedural Issues and Regulator Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

    EPCA authorizes DOE to regulate the energy efficiency of a number 
of consumer products and certain industrial equipment. Title III, Part 
B of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles. These products include ceiling fans, 
the subject of this document. (42 U.S.C. 6291(49); 42 U.S.C. 
6293(b)(16)(A)(i) and (B); and 42 U.S.C. 6295(ff))
    DOE's energy conservation standards and test procedures for ceiling 
fans are currently prescribed in the Code of Federal Regulations 
(``CFR'') at 10 CFR 430.32(s)(1) and (2), 10 CFR 430.23(w), and 10 CFR 
part 430, subpart B, appendix U (``appendix U''), respectively.
    The DOE test procedure for ceiling fans was amended in a test 
procedure final rule published on July 25, 2016. 81 FR 48619 (``July 
2016 Final Rule''). The July 2016 Final Rule defined a large-diameter 
ceiling fan (``LDCF'') as ``a ceiling fan that is greater than seven 
feet in diameter.''. Id. at 81 FR 48640. In the July 2016 Final Rule, 
DOE stated that it was unaware at the time of any commercially 
available large-diameter fans with blade spans greater than 24 feet, 
and therefore could not confirm that the test procedure would produce 
reliable results for fans larger than 24 feet in diameter. 81 FR 48619, 
48632. As such, the July 2016 Final Rule established in section 3.4.1 
of appendix U that the test procedure was applicable to large-diameter 
ceiling fans (``LDCFs'') less than or equal to 24 feet in diameter. Id. 
at 81 FR 48643.
    On January 19, 2017, DOE issued a final rule establishing energy 
conservation standards for the LDCF product class. 82 FR 6826, 6886 
(``January 2017 Final Rule''). LDCFs manufactured on or after January 
21, 2020, had to meet a minimum efficiency in cubic feet per minute per 
watt of 0.91D-30.00, where ``D'' is the ceiling fan's blade span, in 
inches. Id.
    Section 1008 of the Energy Act of 2020 (the ``Energy Act'') amended 
section 325(ff)(6) of EPCA to specify that LDCFs manufactured on or 
after January 21, 2020, are not required to meet minimum ceiling fan 
efficiency requirements in terms of the total airflow to the total 
power consumption, CFM/W, as established in the January 2017 Final 
Rule, but instead must meet minimum efficiency requirements based on 
the Ceiling Fan Energy Index (``CFEI'') metric. (42 U.S.C. 
6295(ff)(6)(C)(i)(I), as codified) The Energy Act requires LDCFs to 
have a CFEI greater than or equal to 1.00 at high speed and 1.31 at 40 
percent speed or the nearest speed that is not less than 40 percent 
speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified) Further, the 
Energy Act specifies that CFEI is to be calculated in accordance with 
American National Standards Institute ANSI/Air Movement and Control 
Association International, Inc. (``AMCA'') Standard 208-18, 
``Calculation of Fan Energy Index,'' with the following modifications: 
(I) Using an airflow constant (Q0) of 26,500 cubic feet per 
minute; (II) Using a pressure constant (P0) of 0.0027 inches 
water gauge; and (III) Using a fan efficiency constant 
([eta]0) of 42 percent. (42 U.S.C. 6295(ff)(6)(C)(ii), as 
codified) Finally, section 1008(b) of the Energy Act states that for 
the purposes of the periodic review requirements in section 325(m) of 
EPCA, the standard established in the Energy Act shall be treated as if 
such standard was issued on January 19, 2017. The Energy Act did not 
restrict application of the referenced industry test procedure or 
amended energy conservation standards to LDCFs with diameters less than 
24 ft.
    On May 27, 2021, DOE published a technical amendment to codify the 
amended regulations for LDCFs enacted by Congress through the Energy 
Act. 86 FR 28469 (``May 2021 Technical Amendment''). At that time 
because the DOE test procedure was limited to ceiling fans with 
diameters less than or equal to 24 ft, DOE was unable to implement the 
revised energy conservation standards for the full scope of LDCFs set 
forth in the Energy Act. In order to remedy this situation, DOE first 
published a test procedure final rule on August 16, 2022 (``August 2022 
Final Rule''), that extended the scope of the test procedure to include 
ceiling fans with a diameter greater than 24 feet. 87 FR 50396. In the 
August 2022 Final Rule, DOE explained that nothing inherent to the test 
procedure would prevent testing of a ceiling fan greater than 24 feet, 
and that the ceiling fan industry trade group had confirmed that the 
test facilities used by industry are capable of accommodating ceiling 
fans with blade spans substantially larger than 24 feet. Id. at 87 FR 
50403. DOE explained in the August 2022 Final Rule that it would 
address any potential changes to the scope of standards for LDCFs in a 
separate rulemaking. Id. This final rule implements the full scope of 
energy conservation standards for LDCFs set forth in the Energy Act of 
2020.

[[Page 72864]]

II. Implementation of the Full Scope of Standards for LDCF's set Forth 
in the Energy Act of 2020

    DOE codified the standards in the Energy Act for LDCFs with 
diameters less than or equal to 24 ft in the May 2021 Technical 
Amendment. In this final rule, DOE is codifying the full scope of 
energy conservation standards set forth in the Energy Act by extending 
the current standards for LDCFs to ceiling fans with diameters greater 
than 24 ft. Consistent with this implementation, DOE is amending 10 CFR 
430.32(s)(2)(ii) to clarify that the energy conservation standards 
apply to large-diameter ceiling fans as defined in appendix U. Namely 
that 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 
420.32(a)(3)(i), greater than seven feet.''

III. Testing and Enforcement

    While this final rule is effective November 28, 2022, DOE is aware 
that testing subject to appendix U for LDCFs greater than 24 feet is 
not required until February 13, 2023. See 87 FR 50396. As such, DOE is 
not requiring compliance with the standards until use of the test 
method is required, i.e., February 13, 2023.

IV. Final Action

    DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior 
notice and an opportunity for public comment on this final rule are 
unnecessary. DOE is merely placing in the Code of Federal Regulations 
for the benefit of the public energy conservation standards for LDCFs 
prescribed by Congress in the Energy Act of 2020. DOE is not exercising 
any of the discretionary authority that Congress has provided in EPCA 
for the Secretary of Energy to revise, by rule, product or equipment 
definitions, test procedures and energy conservation standards. DOE, 
therefore, finds that good cause exists to waive prior notice and an 
opportunity to comment for this rulemaking. For the same reasons, DOE, 
pursuant to 5 U.S.C. 553(d)(3), finds that good cause exists for making 
this final rule effective upon publication in the Federal Register.

V. Procedural Issues and Regulator Review

A. Review Under Executive Order 12866

    This final rule is not a ``significant regulatory action'' under 
any of the criteria set out in section 3(f) of Executive Order 12866, 
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993). 
Accordingly, this action was not subject to review by the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule 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: www.energy.gov/gc/office-general-counsel. DOE is revising the Code of Federal Regulations 
to incorporate revised requirements for large-diameter ceiling fans 
prescribed by Public Law 116-260 and conforming amendments. Because 
this is a technical amendment for which a general notice of proposed 
rulemaking is not required, the analytical requirements of the 
Regulatory Flexibility Act do not apply to this rulemaking.

C. 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. 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, certifying 
compliance, 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.

D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act (``NEPA'') of 
1969, DOE has analyzed this proposed action in accordance with NEPA and 
DOE's NEPA implementing regulations (10 CFR part 1021). DOE has 
determined that this rule qualifies for categorical exclusion under 10 
CFR part 1021, subpart D, appendix A5, because it is an interpretive 
rulemaking that does not change the environmental effect of the rule 
and meets the requirements for application of a categorical exclusion. 
See 10 CFR 1021.410. Therefore, DOE has determined that promulgation of 
this rule is not a major Federal action significantly affecting the 
quality of the human environment within the meaning of NEPA, and does 
not require an environmental assessment or environmental impact 
statement.

E. 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 examined this final 
rule and determined that it will 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 final rule. States can petition 
DOE for exemption from such preemption to the

[[Page 72865]]

extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. 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 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, 
this final rule meets the relevant standards of Executive Order 12988.

G. 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 regulatory action resulting 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 www.energy.gov/gc/office-general-counsel. DOE examined this final 
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.

H. 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 final rule will 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.

I. 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 will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. 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). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. 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 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action 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.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this Final 
rule; technical amendment.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Small businesses.

[[Page 72866]]

Signing Authority
    This document of the Department of Energy was signed on November 
21, 2022, Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on November 21, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, DOE amends part 430 of 
chapter II of title 10, Code of Federal Regulations as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
2. Section 430.32 is amended by revising paragraph (s)(2)(ii) 
introductory text to read as follows:


Sec.  430.32   Energy and water conservation standards and their 
compliance dates.

* * * * *
    (s) * * *
    (2) * * *
    (ii) Large-diameter ceiling fans, as defined in appendix U to 
subpart B of this part, manufactured on or after January 21, 2020, 
shall have a CFEI greater than or equal to -
* * * * *
[FR Doc. 2022-25749 Filed 11-25-22; 8:45 am]
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