Energy Conservation Program: Test Procedure for Ceiling Fans, 51440-51466 [2019-20827]

Download as PDF 51440 Proposed Rules Federal Register Vol. 84, No. 189 Monday, September 30, 2019 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. 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 Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of proposed rulemaking and request for comment. AGENCY: 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 productspecific enforcement provisions to reflect the current test procedures and recently amended energy conservation standards for ceiling fans. DATES: khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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: CF2013TP0050@ee.doe.gov. 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, PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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/#!docket Detail;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: ApplianceStandardsQuestions@ ee.doe.gov. 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: elizabeth.kohl@hq.doe.gov. 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: ApplianceStandardsQuestions@ ee.doe.gov. 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 E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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)) 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)) 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 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. 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). 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. going to http://www.amca.org/store/ item.aspx?ItemId=81. For a further discussion of this standard, see section IV.N. 51441 A. Authority PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 51442 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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). khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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 largediameter 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. E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 51443 TABLE II.1—SUMMARY OF CHANGES IN PROPOSED TEST PROCEDURE RELATIVE TO CURRENT TEST PROCEDURE Current DOE test procedure Proposed test procedure Provides exceptions to the test procedure and energy conservation standards for ceiling fans where 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. Interprets the EPCA definition of ceiling fan to mean those fans offered for mounting only on a ceiling and seeks comment on a proposed alternative interpretation. Retains the exceptions to the 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. Specifies that VSD ceiling fans that are not also LSSD ceiling fans are not required to be tested pursuant to the DOE test method. Increases the tolerance for the stability criteria for the average air velocity measurements for LSSD and VSD ceiling fans at low speed to less than ten (10) percent. Codifies the calculation instructions in the CFR ............. Response to questions from industry, clarification. Add provisions for verification of represented values to be used in the context of enforcement of the relevant efficiency standards. Improve reproducibility and repeatability. Provides a method of testing only those VSD ceiling fans that meet the LSSD ceiling fan definition. The tolerance for the stability criteria for the average air velocity measurements for LSSD and VSD ceiling fans at low speed is less than five (5) percent. Instruction on calculating EnergyGuide Label values based on measurements taken in accordance with Appendix U is provided in a guidance document separate from the CFR. Includes certification requirements and product-specific enforcement provisions. DOE seeks comment on the changes proposed in this document and on whether other amendments to the test procedure should be considered. III. Discussion khammond on DSKJM1Z7X2PROD with PROPOSALS 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: Beltdriven 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 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). PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Attribution Clarification. Response to waiver. Ease of use. configurations, also be mounted on a downrod. 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. 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 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-BTTP-0050-0023. E:\FR\FM\30SEP1.SGM 30SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 51444 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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. 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 8 Tip speed is calculated as blade diameter × 3.14159 × 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’’). VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 (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 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. E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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). 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 circulating fan head is not designed for this type of hard wire connection. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 51445 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 smalldiameter (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 E:\FR\FM\30SEP1.SGM 30SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 51446 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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, VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 51447 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). An example of the U.S. FTC’s EnergyGuide label for LSSD and VSD ceiling fans is shown in Figure III.1. 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. E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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. 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. 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 Section 3.3 of Appendix U specifies the procedures for measuring the VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 1. FTC Airflow For LSSD and VSD ceiling fans, FTC airflow represents the weighted-average airflow of a ceiling fan, where the PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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: 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 weightedaverage 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 E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.004</GPH> 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 EP30SE19.003</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS 51448 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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: 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. 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 E. Proposal for Large-Diameter Ceiling Fans With Blade Spans Greater Than 24 Feet 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. 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) VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 Appendix U requires that largediameter 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 largediameter 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.006</GPH> 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. 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: EP30SE19.005</GPH> Section 3.3 of Appendix U outlines the procedures for measuring the power khammond on DSKJM1Z7X2PROD with PROPOSALS 51449 51450 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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). 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 multihead 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 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. VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 ceiling fan basic model, DOE also proposes to require additional productspecific 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 51451 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 E:\FR\FM\30SEP1.SGM 30SEP1 51452 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 (million 2016$) Category Discount rate (percent) Cost Savings Reduction in Scope (testing costs) ...................................................................................................... 0.30 0.13 0.75 0.64 0.14 0.05 0.81 0.70 3 7 3 7 3 7 3 7 (2.01) (1.52) 3 7 Reduction in Scope (conversion costs) ............................................................................................... Reduction in Future Testing Costs ...................................................................................................... Reduction in Upfront Testing Costs (i.e., Purchase of Testing Equipment) ....................................... Total Net Cost Impacts Total Net Cost Impacts ........................................................................................................................ TABLE III.2—SUMMARY OF ANNUALIZED COST IMPACTS FOR CEILING FANS Annualized value (thousands 2016$) Category Discount rate (percent) Annualized Cost Savings Reduction in Scope (testing costs) ...................................................................................................... Reduction in Scope (conversion costs) ............................................................................................... Reduction in Future Testing Costs ...................................................................................................... khammond on DSKJM1Z7X2PROD with PROPOSALS Reduction in Upfront Testing Cost (i.e., Purchase of Testing Equipment) ......................................... 9 9 22 45 4 4 24 49 3 7 3 7 3 7 3 7 (60) (107) 3 7 Total Net Annualized Cost Impacts Total Net Cost Impacts ........................................................................................................................ VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS 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 $33,550 in 2020, the year energy conservation standards become effective and ceiling fan manufacturers are required to test and certify all covered ceiling fans. Additionally, DOE anticipates that ceiling fan manufacturers will introduce a new or modified model once every 3.5 years, therefore, on average ceiling fan manufacturers would introduce approximately 6 new or modified HSSD ceiling fan models each year. Based on these estimates, ceiling fan manufacturers would have incurred 16 This is based on the testing cost described in the July 2016 CF TP final rule (81 FR 48620, 48636). This cost is in 2015$. VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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. 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 noncompliant 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. 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 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 $2.8 million (2015$). PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 51453 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. 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. 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. 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. E:\FR\FM\30SEP1.SGM 30SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 51454 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 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. 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]. VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 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 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. 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]. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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 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 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]. E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 51455 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. 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 25 One small business manufactures both HSSD ceiling fans and large-diameter ceiling fans. E:\FR\FM\30SEP1.SGM 30SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 51456 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 largediameter 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). VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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-ofinformation 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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 E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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-generalcounsel. 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 51457 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:// E:\FR\FM\30SEP1.SGM 30SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 51458 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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 ApplianceStandardsQuestions@ ee.doe.gov. 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 E:\FR\FM\30SEP1.SGM 30SEP1 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. 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: 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: 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 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. 2. Section 429.32 is amended by: a. Revising the paragraph (a)(2) introductory text and paragraph (a)(2)(ii)(B); ■ b. Adding paragraphs (a)(3) and (4); ■ c. Revising paragraph (b); ■ d. Adding paragraph (c). The revisions and additions read as follows: ■ ■ § 429.32 List of Subjects 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: 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. EP30SE19.008</GPH> 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4725 E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.007</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS Signed in Washington, DC, on September 9, 2019. Alexander N. Fitzsimmons, Acting Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. 51459 EP30SE19.009</GPH> Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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: 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. § 429.134 Product-specific enforcement provisions. 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. (b) Certification reports. (1) The requirements of § 429.12 are applicable to ceiling fans; and (2) Pursuant to § 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 § 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. ■ 3. Section 429.134 is amended by adding paragraph (s) to read as follows: VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 * * * * * (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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 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. E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.010</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS 51460 51461 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 5. Section 430.2 is amended by revising the definition of ‘‘Ceiling fan’’ to read as follows: ■ § 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 fanrelated 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 § 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.] * * * * * ■ 6. Section 430.3 is amended by adding paragraph (b)(4) to read as follows: § 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 § 430.2 to this subpart. * * * * * ■ 7. Section 430.23 is amended by revising paragraph (w) to read as follows: § 430.23 Test procedures for the measurement of energy and water consumption. edge thickness; and blade revolutions per minute (RPM). * * * * * ■ 8. Appendix U to subpart B of part 430 is amended by: ■ a. Revising sections 1.7, 1.11, 1.12, 1.13, 1.14, 1.16, 1.20, 1.21, and 1.23; ■ 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 * * * * * * * (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 * * * * 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 beltdriven 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 4.8 > t ≥ 3.2 t ≥ 4.8 4.8 > t ≥ 3.2 t ≥ 4.8 Downward-only ........................................................................ Downward-only ........................................................................ Reversible ................................................................................ Reversible ................................................................................ 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 verysmall-diameter ceiling fan, highly-decorative ceiling fan, or belt-driven ceiling fan, and for which the represented value of the distance Inch m/s feet per minute > t ≥ 1⁄8 t ≥ 3⁄16 3⁄16 > t ≥ 1⁄8 t ≥ 3⁄16 16.3 20.3 12.2 16.3 3,200 4,000 2,400 3,200 ⁄ 3 16 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. * khammond on DSKJM1Z7X2PROD with PROPOSALS LOW-SPEED SMALL-DIAMETER CEILING FAN BLADE AND TIP SPEED CRITERIA Thickness (t) of edges of blades Tip speed threshold Airflow direction Mm Reversible ................................................................................ Reversible ................................................................................ VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 PO 00000 Frm 00022 4.8 > t ≥ 3.2 t ≥ 4.8 Fmt 4702 Sfmt 4702 Inch ⁄ > t ≥ 1⁄8 t ≥ 3⁄16 3 16 E:\FR\FM\30SEP1.SGM 30SEP1 m/s feet per minute 12.2 16.3 2,400 3,200 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 lowspeed small-diameter ceiling fan that is not a very-small-diameter ceiling fan, highlydecorative 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 beltdriven ceiling fan; and has one or more fan heads, each of which has a represented value of blade span, as determined in 10 CFR * * * * * 3.2 Test apparatus for low-speed smalldiameter, very-small-diameter, and highspeed 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. * khammond on DSKJM1Z7X2PROD with PROPOSALS 3.2.2. * * * * Equipment Set-Up (1) Make sure the transformer power is off. Hang the ceiling fan to be tested directly from VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 the ceiling, according to the manufacturer’s installation instructions. Hang all non-multimount 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 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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. 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. E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.011</GPH> * Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules * * * * 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. * * * * * 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.013</GPH> * (6) Place the sensors at intervals of 4 ± 0.0625 inches along a sensor arm, starting khammond on DSKJM1Z7X2PROD with PROPOSALS 51463 EP30SE19.012</GPH> Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 51464 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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-smalldiameter 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. khammond on DSKJM1Z7X2PROD with PROPOSALS * * * * * 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 VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 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 runtime) 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 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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. E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules * * * * * * * * * * * * 4. Calculation of Ceiling Fan Efficiency From the Test Results: 4.1 Calculation of effective area for smalldiameter 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: sensor is a distance d, in inches, from sensor 1, then the effective area is: (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: 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, EP30SE19.017</GPH> (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 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: 4.2 Calculation of airflow and efficiency for ceiling fans: VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 EP30SE19.016</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS 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. EP30SE19.018</GPH> * PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.015</GPH> * 3.4.1 The test procedure is applicable to all large-diameter ceiling fans. EP30SE19.014</GPH> * 51465 51466 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules 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 smalldiameter 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: 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 .............................................................................................................................................................. Low Speed ............................................................................................................................................................... Standby Mode .......................................................................................................................................................... Off Mode .................................................................................................................................................................. 3.4 3.0 0.0 17.6 3.4 3.0 17.6 0.0 12.0 0.0 12.0 12.0 12.0 0.0 12.0 0.0 12.0 12.0 12.0 0.0 Daily Operating Hours for HSSD Ceiling Fans High Speed .............................................................................................................................................................. Standby Mode .......................................................................................................................................................... Off Mode .................................................................................................................................................................. Daily Operating Hours for Large-Diameter Ceiling Fans Active Mode * ........................................................................................................................................................... Standby Mode .......................................................................................................................................................... Off Mode .................................................................................................................................................................. 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. 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. ■ 9. Section 430.32 is amended by: ■ a. Revising the introductory text in paragraph (s)(2)(ii); and ■ VerDate Sep<11>2014 16:51 Sep 27, 2019 Jkt 247001 b. Adding paragraph (s)(2)(ii)(F). The revisions and additions read as follows: § 430.32 Energy and water conservation standards and their compliance dates. * * * * * 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: (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. * * * * * (s) * * * [FR Doc. 2019–20827 Filed 9–27–19; 8:45 am] (2) * * * BILLING CODE 6450–01–P PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\30SEP1.SGM 30SEP1 EP30SE19.020</GPH> 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 EP30SE19.019</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS * 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.

Agencies

[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]


========================================================================
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.

========================================================================


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.

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

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))
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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))
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                     Proposed test
  Current DOE test procedure           procedure           Attribution
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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'').
---------------------------------------------------------------------------

    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