Notice of Decision and Order Granting a Waiver to Acuity Brands Lighting, Inc. From the Department of Energy Illuminated Exit Signs Test Procedure, 11740-11743 [2018-05365]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11740-11743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05365]


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

DEPARTMENT OF ENERGY

[Case Number IES-001]


Notice of Decision and Order Granting a Waiver to Acuity Brands 
Lighting, Inc. From the Department of Energy Illuminated Exit Signs 
Test Procedure

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

ACTION: Notice of decision and order.

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

SUMMARY: The U.S. Department of Energy (``DOE'') announces a Decision 
and Order granting Acuity Brands Lighting, Inc. (Acuity) a waiver from 
specified portions of the DOE test procedure for determining the energy 
consumption of specified combination illuminated exit signs basic 
models. Acuity is required to test and rate the specified basic models 
of its combination illuminated exit signs in accordance with the 
alternate test procedure described in the Decision and Order.

DATES: The Decision and Order is effective on March 16, 2018.

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. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-6111. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:  On April 17, 2013, Acuity filed a petition 
for waiver from the applicable illuminated exit sign test procedure set 
forth in 10 CFR 431.204. Acuity submitted an updated petition for 
waiver in a letter dated March 22, 2016 and further supplemented its 
filing in an email submitted May 1, 2017. On June 7, 2017, DOE 
published a notice announcing its receipt of the petition for waiver. 
82 FR 26469. In that notice, DOE also solicited comments from 
interested parties on all aspects of the petition and specified an 
alternate test procedure that must be followed for testing and 
certifying the specific basic models for which Acuity requested a 
waiver. Id. On March 16, 2018, DOE publishes this notice announcing a 
Decision and Order granting a waiver to Acuity. The notice includes a 
copy of the Decision and Order DOE issued to Acuity.

    Issued in Washington, DC, on March 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #IES-001 Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes the U.S. Department of

[[Page 11741]]

Energy (``DOE'') to regulate the energy efficiency of a number of 
consumer products and industrial equipment. Title III, Part B \2\ of 
EPCA established the Energy Conservation Program for Consumer Products 
Other Than Automobiles, a program that includes illuminated exit signs, 
which are the subject of this Order. (42 U.S.C. 6295(w)) 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.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6295(s)), and (2) making representations about the efficiency of that 
equipment (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the equipment complies with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered product EPCA requires that any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect energy efficiency, energy use or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))) The test 
procedure for illuminated exit signs is contained in 10 CFR part 431, 
subpart L.\3\
---------------------------------------------------------------------------

    \3\ Although illuminated exit signs are covered products 
pursuant to EPCA, as a matter of administrative convenience and to 
minimize confusion among interested parties, DOE adopted illuminated 
exit sign provisions into subpart L of 10 CFR part 431 (the portion 
of DOE's regulations dealing with commercial and industrial 
equipment) because typically businesses, rather than individuals, 
purchase them. 70 FR 60407, 60409 (Oct. 18, 2005).
---------------------------------------------------------------------------

    Under 10 CFR 431.401, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2). 
DOE may grant the waiver subject to conditions, including adherence to 
alternate test procedures. Id.

II. Petition for Waiver: Assertions and Determinations

    By letter dated March 22, 2016, Acuity submitted an updated 
petition for waiver (the initial petition was submitted on April 17, 
2013) for certain basic models of illuminated exit signs that are 
required to be tested according to test procedures detailed in 10 CFR 
431.204. Acuity supplemented its filing with an email submitted to DOE 
on May 1, 2017, that further clarified the specific basic models for 
which the waiver was being requested.
    In its petition Acuity requested a waiver for basic models that 
provide the dual function of exit signage and lighting for emergency 
egress (combination illuminated exit signs), stating that the battery 
used in combination illuminated exit signs requires a substantially 
larger capacity to provide a minimum of 90 minutes of egress lighting, 
as required by safety codes. Acuity further stated that it is not 
feasible to separate the power measurement associated with the exit 
signage and the egress lighting because a single battery and charging 
circuit supplies power for both functions. As an alternative to the 
test procedure currently in place at 10 CFR part 431, subpart L, Acuity 
recommended that, for combination illuminated exit signs, the power 
should be determined by applying a battery proration factor to the 
total battery power of the combination illuminated exit sign. The 
battery proration factor would be a ratio of the rated wattage of the 
exit sign face light sources over the combined rated wattages of the 
egress and exit sign face light sources. The total battery power would 
be the measured input power minus the rated wattages of the exit sign 
face light sources.
    On June 7, 2017, DOE published a notice announcing receipt of 
Acuity's petition for waiver (hereafter ``notice of petition for 
waiver''). 82 FR 26469. In the notice of petition for waiver, DOE 
proposed an alternate test procedure that provides methods to test and 
rate the basic models at issue. 82 FR 26469, 26470. In that notice, DOE 
also solicited comments from interested parties on all aspects of the 
petition and required Acuity to follow an alternate test procedure for 
testing and certifying the specific basic models for which Acuity 
requested a waiver. Id.
    DOE received comments from Philips Lighting (Philips) in support of 
granting the petition for waiver submitted by Acuity. Philips also 
supported the alternative test method proposed by DOE to determine the 
energy consumption of combination illuminated exit signs. (Philips; No. 
7 at p. 1) \4\ An anonymous commenter stated that if DOE has determined 
that Acuity did not provide adequate documentation, DOE should not 
allow Acuity to test its own products, nor grant the company a waiver 
from DOE's test procedure. (Anonymous; No. 8)
---------------------------------------------------------------------------

    \4\ A notation in this form provides a reference for information 
that is in the docket of DOE's review of the notice of petition for 
waiver for Acuity from DOE's illuminated exit sign test procedure 
(Docket No. EERE-2017-BT-WAV-0033-0008). This notation indicates 
that the statement preceding the reference was made by Philips, is 
included in document number 7 in the docket, and appears at page 1 
of that document.
---------------------------------------------------------------------------

    Based on the information provided by Acuity, DOE has determined 
that the test procedure at 10 CFR part 431, subpart L produces results 
in a manner so unrepresentative of the true energy consumption as to 
provide materially inaccurate comparative data for the combination 
illuminated exit signs listed in Acuity's petition for waiver and 
therefore is granting a waiver for the specified basic models (see 
footnote).\5\ As stated in the notice of petition for waiver, the 
alternate test procedure submitted by Acuity requires ``rated wattage 
of light source(s)'' associated with the face and egress light 
source(s) to calculate the input power demand of the combination exit 
signs. DOE found that these rated wattages are not always well 
documented in Acuity's product literature for the basic models under 
consideration. Therefore, DOE proposed an alternate test procedure that 
provides methods to test and rate the basic models at issue without the 
rated wattage of the light source(s). 82 FR

[[Page 11742]]

26469, 26470. DOE is requiring Acuity to use this alternate test 
procedure to test and rate the combination illuminated exit signs for 
which it has requested a waiver. In response to the anonymous 
commenter, Acuity has made available sufficient documentation with 
respect to its product lines to allow the company to test its basic 
models according to this alternate test procedure.
---------------------------------------------------------------------------

    \5\ The following are the basic models for which DOE grants a 
waiver: ECG 1F, ECG 1F HO, ECG 2F, ECG 2F HO, ECR 1F, ECR 1F HO, ECR 
2F, ECR 2F HO, ECG LED 1F HO, ECG LED 2F HO, ECR LED 1F HO, ECR LED 
2F HO, ECG LED 1F, ECG LED 2F, ECR LED 1F, ECR LED 2F, ECBG LED 1F, 
ECBG LED 2F, ECBR LED 1F, ECBR LED 2F, LHD2D18G, LHD2D18R, LHD2D36G, 
LHD2D36R, LHD2D72G, LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G, 
LHD2S36R, LHD2S72G, LHD2S72R, LHQM LED 1F HO GREEN, LHQM LED 1F HO 
RED, LHQM LED 2F HO GREEN, LHQM LED 2F HO RED, LHQM LED 1F GREEN, 
LHQM LED 1F RED, LHQM LED 2F GREEN, LHQM LED 2F RED, LHXNY W 1 R, 
LHXC W 1 RW, LHXC W 2 RW, LHZ618 GREEN, LHZ618 RED, LHZ636 GREEN, 
LHZ636 RED, LHZ672 GREEN, LHZ672 RED, QM LED 1F GREEN, QM LED 1F HO 
GREEN, QM LED 1F RED, QM LED 1F HO RED, QM LED 2F GREEN, QM LED 2F 
HO GREEN, QM LED 2F RED, QM LED 2F HO RED, NXPCL 1F, and NXPCL 2F.
---------------------------------------------------------------------------

    In addition to requesting a test procedure waiver for specified 
basic models in its petition, Acuity also requested that any new 
products introduced by the company into commerce that provide the dual 
function of exit signage and emergency egress lighting be covered by 
the waiver. DOE regulations at 10 CFR 431.401(f)(2) provide that DOE 
may grant a waiver, including adherence to alternate test procedures, 
only for ``the basic model(s) for which the waiver was requested.'' The 
Decision and Order is applicable only to the basic models listed within 
it and does not extend to any other basic models. Acuity may request 
that the scope of this waiver be extended to include additional basic 
models that employ the same technology as those basic models listed in 
this waiver using the expedited process established at 10 CFR 
431.401(g). Alternatively, Acuity may submit another petition for 
waiver from the test procedure for additional basic models. 10 CFR 
431.401(a)(1).
    In its petition, Acuity sought a test procedure waiver for certain 
basic models. The Decision and Order is applicable only to the basic 
models listed within it and does not extend to any other basic models.
    Consistent with 10 CFR 431.401(j), not later than 60 days after 
March 16, 2018 any manufacturer currently distributing in commerce in 
the United States equipment employing a technology or characteristic 
that results in the same need for a waiver from the applicable test 
procedure must submit a petition for waiver.
    Manufacturers not currently distributing such equipment in commerce 
in the United States must petition for and be granted a waiver prior to 
the distribution in commerce of that equipment in the United States. 
Manufacturers may also submit a request for interim waiver pursuant to 
the requirements of 10 CFR 431.401.
    This Decision and Order will terminate in conjunction with any 
future updates to the test procedure for illuminated exit signs located 
in 10 CFR part 431, subpart L, that address the issue presented in the 
waiver. At such time, testing to demonstrate compliance with standards, 
and any other representations of energy use, will require manufacturers 
to use the relevant test procedure for this equipment.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (FTC) staff concerning the Acuity petition for 
waiver. The FTC staff did not have any objections to granting a waiver 
to Acuity.

IV. Order

    After careful consideration of all the material that was submitted 
by Acuity in this matter, DOE grants a waiver regarding the basic 
models specified in paragraphs (2) and (3). Therefore, in accordance 
with 10 CFR 431.401, it is ordered that:
    (1) The petition for waiver submitted by Acuity (Case No. IES-001) 
is hereby granted as set forth in this Order.
    (2) For the following basic models:
    Lithonia Lighting brand basic models: ECG LED 1F, ECG LED 2F, ECR 
LED 1F, ECR LED 2F, LHQM LED 1F HO GREEN, LHQM LED 1F HO RED, LHQM LED 
2F HO GREEN, LHQM LED 2F HO RED, LHZ618 GREEN, LHZ618 RED, LHZ636 
GREEN, LHZ636 RED, LHZ672 GREEN, and LHZ672 RED.
    Holophane brand basic models: QM LED 1F GREEN, QM LED 1F HO GREEN, 
QM LED 1F RED, QM LED 1F HO RED, QM LED 2F GREEN, QM LED 2F HO GREEN, 
QM LED 2F RED, and QM LED 2F HO RED.
    Navilite brand basic models: NXPCL 1F and NXPCL 2F.
    Acuity must:
    (a) Identify a non-combination illuminated exit sign equivalent to 
the combination illuminated exit sign basic model under test. A unit is 
an equivalent non-combination substitute only if it consists entirely 
of components identical to all of those of the unit whose input power 
demand is being determined, but does not include any auxiliary 
features, and contains an electrically connected battery. The 
equivalent unit must also have the same manufacturer and number of 
faces as the unit whose input power demand is being determined.
    (b) Assign the input power demand of the equivalent non-combination 
illuminated exit sign as the input power demand of the combination 
illuminated exit sign basic model.
    (3) For the following basic models:
    Lithonia Lighting brand basic models: ECG 1F, ECG 1F HO, ECG 2F, 
ECG 2F HO, ECR 1F, ECR 1F HO, ECR 2F, ECR 2F HO, ECG LED 1F HO, ECG LED 
2F HO, ECR LED 1F HO, ECR LED 2F HO, ECBG LED 1F, ECBG LED 2F, ECBR LED 
1F, ECBR LED 2F, LHQM LED 1F GREEN, LHQM LED 1F RED, LHQM LED 2F GREEN, 
LHQM LED 2F RED, LHXNY W 1 R, LHXC W 1 RW, and LHXC W 2 RW.
    Holophane brand basic models: LHD2D18G, LHD2D18R, LHD2D36G, 
LHD2D36R, LHD2D72G, LHD2D72R, LHD2S18G, LHD2S18R, LHD2S36G, LHD2S36R, 
LHD2S72G, and LHD2S72R.
    Acuity must:
    (a) For a combination illuminated exit sign basic model under test 
that uses only LEDs to illuminate all face(s) of the unit and does not 
have an equivalent unit as described in (2)(a), assign an input power 
demand according to the following formula:

input power demand = 5 x numbers of faces

    This method requires determination of the number of faces for each 
basic model. Face count is the number of faces (no fewer than one) with 
which an illuminated exit sign basic model can be configured by an end 
user when all electric light sources are connected and energized.
    (4) Representations. Acuity may make representations about the 
energy use of the specified basic models of its combination illuminated 
exit sign for compliance, marketing, or other purposes only to the 
extent that such products have been tested in accordance with the 
provisions above and such representations fairly disclose the results 
of such testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 431.401.
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics. 10 CFR 431.401(k)(1). Likewise, Acuity may request 
that DOE rescind or modify the waiver if Acuity discovers an error in 
the information provided to DOE as part of its petition, determines 
that the waiver is no longer needed, or for other appropriate reasons. 
10 CFR 431.401(k)(2). As set forth above, the test procedure specified 
in this Decision and Order is not the identical to the test procedure 
offered by Acuity. If Acuity believes that its preferred test method 
provides representative results and is less burdensome than the test 
method required by this Decision and Order,

[[Page 11743]]

Acuity may submit a request for modification under 10 CFR 431.401(k)(2) 
that explains why DOE should adopt the test procedure submitted by 
Acuity and addresses the reasons for DOE's modifications provided in 
this Decision and Order. Acuity also may submit another less burdensome 
alternative test procedure not expressly considered in this notice 
under the same provision.
    (7) Granting of this waiver does not release a petitioner from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on March 9, 2018.

Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2018-05365 Filed 3-15-18; 8:45 am]
 BILLING CODE 6450-01-P