Energy Conservation Program: Decision and Order Granting a Waiver To Signify North America Corporation From the Department of Energy Illuminated Exit Sign Test Procedure, 5652-5655 [2020-01848]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
period, including auxiliary energy such
as pilot lights, pumps, fans, etc., Btu (kJ).
(Electrical auxiliary energy shall be
converted to thermal energy using the
jbell on DSKJLSW7X2PROD with NOTICES
Where:
Nr = number of draws from the start of the
24-hour simulated-use test to the end of
the first recovery period. The first
recovery period is defined by the time
from the start of the 24-hour simulateduse test and continues during the
temperature rise of the stored water until
the first cut-out; if the cut-out occurs
during a subsequent draw, the first
recovery period includes the time until
the draw of water from the tank stops. If,
after the first cut-out occurs but during
a subsequent draw, a subsequent cut-in
occurs prior to the draw completion, the
first recovery period includes the time
until the subsequent cut-out occurs,
prior to another draw.
mi = mass of draw i.
Cpi = average specific heat of draw i.
T¯del,i = average water outlet temperature
measured during ith draw of the first
recovery period, °F (°C).
T¯in,i = average water inlet temperature
measured during the ith draw of the first
recovery period, °F (°C).
Vst = as defined in section 6.3.1.
r2 = density of stored hot water evaluated at
¯ o)/2, lb/gal (kg/L).
(T¯max,1 + T
Cp2 = specific heat of stored hot water
¯ max,1 + T
¯ o)/2, Btu/(lb·°F)
evaluated at (T
(kJ/(kg·°C).
T¯max,1 = maximum mean tank temperature
recorded after cut-out following the first
recovery of the 24-hour simulated use
test, °F (°C).
T¯o = maximum mean tank temperature
recorded prior to the first draw of the 24hour simulated-use test, °F (°C).
Qr = energy consumption of water heater
from the beginning of the test to the end
of the first recovery period.
(3) Representations. BWC must make
representations about the efficiency of
the basic model listed in paragraph (1)
of this Order for compliance, marketing,
or other purposes only to the extent that
the basic model has been tested in
accordance with the provisions in this
alternate test procedure and such
representations fairly disclose the
results of such testing.
(4) This waiver shall remain in effect
according to the provisions of 10 CFR
430.27.
(5) This waiver is issued on the
condition that the statements,
representations, and documents
provided by BWC are valid. If BWC
makes any modifications to the controls
or configurations of this basic model,
VerDate Sep<11>2014
17:16 Jan 30, 2020
Jkt 250001
following conversion: 1 kWh = 3412
Btu.)
6.3.2.2 For gas storage-type water
heaters, if the first cut-out occurs during
a draw, the recovery efficiency, hr, is
computed as:
the waiver will no longer be valid, and
BWC will either be required to use the
current Federal test method or submit a
new application for a test procedure
waiver. DOE may rescind or modify this
waiver at any time if it determines the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of a basic model’s true
energy consumption characteristics. 10
CFR 430.27(k)(1). Likewise, BWC may
request that DOE rescind or modify the
waiver if BWC discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2).
(6) BWC remains obligated to fulfill
any certification requirements set forth
at 10 CFR part 429.
basic models of its illuminated exit
signs in accordance with the alternate
test procedure specified in the Decision
and Order.
DATES: The Decision and Order is
effective on January 31, 2020. The
Decision and Order will terminate upon
the compliance date of any future
amendment to the test procedure for
illuminated exit signs located at 10 CFR
431.204 that addresses the issues
presented in this waiver. At such time,
Signify must use the relevant test
procedure for this equipment for any
testing to demonstrate compliance with
the applicable standards, and any other
representations of energy use.
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. Email: AS_Waiver_
Requests@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, Mail Stop GC–33,
Forrestal Building, 1000 Independence
Avenue SW, Washington, DC 20585–
0103. Telephone: (202) 287–6111.
Email: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR
431.401(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set
forth below. The Decision and Order
grants Signify a waiver from the
applicable test procedure at 10 CFR
431.204 for specified basic models of
illuminated exit signs, and requires that
Signify test and rate such equipment
using the alternate test procedure
specified in the Decision and Order.
Signify’s representations concerning the
energy consumption of the specified
basic models must be based on testing
according to the provisions and
restrictions in the alternate test
procedure set forth in the Decision and
Order, and the representations must
fairly disclose the test results.
Distributors, retailers, and private
labelers are held to the same
requirements when making
representations regarding the energy
Signed in Washington, DC, on January 16,
2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2020–01847 Filed 1–30–20; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[Case Number 2019–003; EERE–2019–BT–
WAV–0007]
Energy Conservation Program:
Decision and Order Granting a Waiver
To Signify North America Corporation
From the Department of Energy
Illuminated Exit Sign Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notice of a
Decision and Order (Case Number
2019–003) that grants to Signify North
America Corporation (‘‘Signify’’) a
waiver from specified portions of the
DOE test procedure for determining the
energy consumption of specified basic
models of illuminated exit signs. Signify
is required to test and rate the specified
SUMMARY:
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
E:\FR\FM\31JAN1.SGM
31JAN1
EN31JA20.015</GPH>
5652
Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
consumption of this equipment. (42
U.S.C. 6293(c))
Consistent with 10 CFR 431.401(j),
not later than March 31, 2020, any
manufacturer currently distributing in
commerce in the United States
equipment employing a technology or
characteristic that results in the same
need for a waiver from the applicable
test procedure must submit a petition
for waiver. Manufacturers not currently
distributing such equipment in
commerce in the United States must
petition for and be granted a waiver
prior to the distribution in commerce of
that equipment in the United States.
Manufacturers may also submit a
request for interim waiver pursuant to
the requirements of 10 CFR 431.401.
Signed in Washington, DC, on January 17,
2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Case #2019–003
jbell on DSKJLSW7X2PROD with NOTICES
Decision and Order
I. Background and Authority
The Energy Policy and Conservation
Act, as amended (‘‘EPCA’’),1 authorizes
the U.S. Department of Energy (‘‘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 for certain
types of consumer products. These
products include illuminated exit signs,
the focus of this document. (42 U.S.C.
6291(37); 42 U.S.C. 6295(w))
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
1 All references to EPCA in this document refer
to the statute as amended through America’s Water
Infrastructure Act of 2018, Public Law 115–270
(October 23, 2018).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
VerDate Sep<11>2014
17:16 Jan 30, 2020
Jkt 250001
use as the basis for: (1) Certifying to
DOE that their products comply with
the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6295(s)), and (2) making
representations about the efficiency of
that product (42 U.S.C. 6293(c)).
Similarly, DOE must use these test
procedures to determine whether the
product complies with relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE is
required to follow when prescribing or
amending test procedures for covered
products. EPCA requires that any test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
reflect the energy efficiency, energy use
or estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
requires that test procedures not be
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for
illuminated exit signs is contained in
the Code of Federal Regulations (‘‘CFR’’)
at 10 CFR 431.204, ‘‘Uniform test
method for the measurement of energy
consumption of illuminated exit
signs.’’ 3
Under 10 CFR 430.401(a)(1), any
interested person may submit a petition
for waiver from DOE’s test procedure
requirements. DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
model for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic model according to the prescribed
test procedures, or that the prescribed
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy consumption characteristics
as to provide materially inaccurate
comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to
conditions, including adherence to
alternate test procedures. Id.
As soon as practicable after the
granting of any waiver, DOE will
publish in the Federal Register a notice
of proposed rulemaking to amend its
regulations so as to eliminate any need
for the continuation of such waiver. 10
CFR 431.401(l) As soon thereafter as
3 Although illuminated exit signs are covered
products pursuant to EPCA, as a matter of
administrative convenience and to minimize
confusion among interested parties, DOE codified
illuminated exit sign provisions in subpart L of 10
CFR part 431 (the portion of DOE’s regulations
dealing with commercial and industrial equipment)
because typically businesses, rather than
individuals, purchase them. 70 FR 60407, 60409
(Oct. 18, 2005). DOE refers to illuminated exit signs
as either ‘‘products’’ or ‘‘equipment.’’
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
5653
practicable, DOE will publish in the
Federal Register a final rule. Id.
When DOE amends the test procedure
to address the issues presented in a
waiver, the waiver will automatically
terminate on the date on which use of
that test procedure is required to
demonstrate compliance. 10 CFR
431.401(h)(2).
II. Signify’s Petition for Waiver:
Assertions and Determinations
On March 5, 2019, Signify filed a
petition for waiver from the illuminated
exit sign test procedure set forth at 10
CFR 431.204. On April 4, 2019, Signify
submitted an updated petition,
identifying additional basic models.4 In
its petition, Signify requested a waiver
for certain ‘‘Chloride by Signify’’ and
‘‘Chloride’’ branded basic models of
illuminated exit signs, typically known
as combination exit signs (i.e., they
include components such as egress/
emergency lighting that require a larger
battery than do exit signs that do not
have these components).5 Signify
contended that the design
characteristics of these basic models
prevent testing in accordance with the
DOE test procedure. Noting that DOE’s
test method measures the input power
required to illuminate the exit signage,
Signify stated that the test procedure
does not contemplate basic models that
include emergency egress lighting, and
that the design of its basic models that
incorporate emergency lighting does not
allow for a separate measurement of
power associated with only the exit
signage portion of the models.
Signify requested that it be permitted
to use of the alternate test method as
specified in the DOE Waiver Decision
and Order granted to Acuity Brands
Lighting, Inc. (‘‘Acuity’’) for certain
illuminated exit sign basic models (Case
Number IES–001; hereafter, ‘‘Acuity
Waiver D&O’’) 83 FR 11740 (March 16,
2018). Specifically, this alternate
method requires the following
procedure: Measure the input power of
an equivalent non-combination
illuminated exit sign, per the DOE test
procedure, and assign the measured
4 The petition submitted on April 4, 2019 is
identical to the March 5, 2019 petition (including
the date) except as to the identification of
additional basic models.
5 The eighteen total basic models identified by
Signify are as follows: HZ618RIC, HZ636RIC,
HZ672RIC, HZ618R1IC, HZ636R1IC, HZ672R1IC,
HZ618R2IC, HZ636R2IC, HZ672R2IC, HZ618GIC,
HZ636GIC, HZ672GIC, HZ618G1IC, HZ636G1IC,
HZ672G1IC, HZ618G2IC, HZ636G2IC, and
HZ672G2IC. However, six of these basic models
(HZ618RIC, HZ636RIC, HZ672RIC, HZ618GIC,
HZ636GIC, and HZ672GIC) are ‘‘no-lamp head’’
basic models, which are not combination
illuminated exit signs (i.e., they do not have egress
lighting) and therefore are not subject to the waiver.
E:\FR\FM\31JAN1.SGM
31JAN1
5654
Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
input power to the basic model at issue.
Id. 83 FR 11742. An equivalent noncombination illuminated exit sign is one
in which the electricity-consuming
components are identical to all of those
of the unit whose input power demand
is being determined, but does not
include any auxiliary features, and
contains an electrically connected
battery. Signify stated that the basic
models for which the waiver is
requested have equivalent noncombination illuminated exit sign basic
models.
On August 26, 2019, DOE published
a notice that announced its receipt of
the petition for waiver (‘‘Notice of
Petition for Waiver’’). 84 FR 44607. In
the Notice of Petition for Waiver, based
on a review of product specification
sheets, DOE determined that six of the
basic models specified by Signify are
not combination illuminated exit signs,
and therefore would not be subject to
any waiver, if granted. Id. at 84 FR
44608. DOE determined that the other
basic models specified by Signify are
combination illuminated exit signs and
provide the dual function of exit signage
and lighting for emergency egress. Id.
Based on DOE’s review of combination
exit sign circuitry, DOE tentatively
determined that measuring only the
input power attributable to illumination
of the exit signage is either not possible,
or that doing so would require
destructive disassembly such as cutting
of wires and modifying the circuitry of
the combination exit sign, thereby
altering the product being tested. Id.
DOE identified equivalent noncombination illuminated exit sign basic
models for the combination illuminated
exit sign basic models identified in
Signify’s waiver. DOE also reviewed
Signify’s suggested use of the alternate
test method set forth in the Acuity
Waiver D&O that involves testing
equivalent non-combination illuminated
exit signs. In the Notice of Petition for
Waiver, DOE proposed an alternate test
procedure substantively similar to
alternate test procedure forth in the
Acuity Waiver D&O. Id. at 84 FR 44609.
Additional language was included to
define further ‘‘equivalent non-
combination unit’’ and to require
explicitly the testing of equivalent units
as required by the applicable DOE test
procedure. Id.
In the Notice of Petition for Waiver,
DOE solicited comments from interested
parties on all aspects of the petition and
the specified alternate test procedure.
Id. DOE received no comments in
response to the Notice of Petition for
Waiver.
For the reasons explained here and in
the Notice of Petition for Waiver, absent
a waiver the basic models that are
combination illuminated exit signs
identified by Signify in its petition
cannot be tested and rated for energy
consumption on a basis representative
of their true energy consumption
characteristics. DOE has reviewed the
procedure suggested by Signify and
concludes that it will allow for the
accurate measurement of the energy use
of the basic models, while alleviating
the testing problems associated with
Signify’s implementation of DOE’s
applicable illuminated exit sign test
procedure. Thus, DOE is requiring that
Signify test and rate specified
combination illuminated exit sign basic
models according to the alternate test
procedure specified in this Decision and
Order, which is identical to the
procedure proposed by DOE in the
Notice of Petition for Waiver.6
Using this method, for each
combination illuminated exit sign unit
selected, Signify must assign the
measured input power demand of a
separate corresponding equivalent noncombination unit. For example, if DOE
regulations require testing of two units,
Signify must identify and measure the
input power demand of two equivalent
non-combination units, and assign the
measured input power of each unit to
each of the two combination units,
respectively. In those instances where
only a single, non-combination unit is
available, Signify is required to measure
the input power demand of that single
unit and assign the measured input
power to the combination unit. See
generally 10 CFR 429.48(a) and 10 CFR
429.11(b)(2).
This Decision and Order applies only
to the basic models listed and does not
extend to any other basic models. DOE
evaluates and grants waivers for only
those basic models specifically set out
in the petition, not future models that
may be manufactured by the petitioner.
Signify may request that DOE extend the
scope of this waiver to include
additional basic models that employ the
same technology as those listed in this
waiver. 10 CFR 431.401(g). Signify may
also submit another petition for waiver
from the test procedure for additional
basic models that employ a different
technology and meet the criteria for test
procedure waivers. 10 CFR
431.401(a)(1).
DOE notes that it may modify or
rescind the waiver at any time upon
DOE’s determination that the factual
basis underlying the petition for waiver
is incorrect, or upon a determination
that the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics. 10 CFR 430.401(k)(1).
Likewise, Signify may request that DOE
rescind or modify the waiver if the
company discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
431.401(k)(2).
III. Consultations With Other Agencies
In accordance with 10 CFR
430.27(f)(2), DOE consulted with
Federal Trade Commission (‘‘FTC’’) staff
concerning Signify’s petition for waiver.
IV. Order
After careful consideration of all the
material submitted by Signify, the
various public-facing materials (e.g.,
marketing materials and product
specification sheets) for the units
identified in the petition, in this matter,
it is ordered that:
(1) Signify must, as of the date of
publication of this Order in the Federal
Register, test and rate the following
‘‘HZ’’ series basic models, under either
the Chloride by Signify or Chloride
brand, with the alternate test procedure
as set forth in paragraph (2) of the
Order:
jbell on DSKJLSW7X2PROD with NOTICES
Brand name
Chloride
Chloride
Chloride
Chloride
Chloride
Chloride
Chloride
by
by
by
by
by
by
by
Signify
Signify
Signify
Signify
Signify
Signify
Signify
or
or
or
or
or
or
or
Chloride
Chloride
Chloride
Chloride
Chloride
Chloride
Chloride
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
6 The alternate test procedure established in this
Decision and Order is the same as that in the
VerDate Sep<11>2014
17:16 Jan 30, 2020
Basic model No.
Jkt 250001
Decision and Order granted to Beghelli North
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
HZ618R1IC
HZ636R1IC
HZ672R1IC
HZ618R2IC
HZ636R2IC
HZ672R2IC
HZ618G1IC
America (Case No. 2018–007) for comparable
equipment. 84 FR 29186 (June 21, 2019).
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Notices
Brand name
jbell on DSKJLSW7X2PROD with NOTICES
Chloride
Chloride
Chloride
Chloride
Chloride
by
by
by
by
by
Signify
Signify
Signify
Signify
Signify
or
or
or
or
or
Chloride
Chloride
Chloride
Chloride
Chloride
VerDate Sep<11>2014
17:16 Jan 30, 2020
Basic model No.
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
......................................................................................................................................................
(2) The alternate test procedure for the
Signify basic models referenced in
paragraph (1) of this Order is the test
procedure for illuminated exit sign
prescribed by DOE at 10 CFR part 431,
subpart L, with the exception of the
following instructions in place of 10
CFR 431.204(b): Determine the energy
efficiency of each combination
illuminated exit sign unit under test
(‘‘combination unit’’) by conducting the
test procedure, as follows:
(i) Identify a unit of a noncombination illuminated exit sign
(‘‘non-combination unit’’) equivalent to
the combination unit. A noncombination unit is equivalent only if it
consists entirely of electricityconsuming components identical to all
of those of the combination unit, but
does not include any auxiliary features,
and contains an electrically connected
battery. The equivalent noncombination unit must also have the
same manufacturer and number of faces
as the combination unit.
(ii) Test the equivalent noncombination unit using the DOE test
procedure at 10 CFR part 431, subpart
L.
(iii) Assign the measured input power
demand of the non-combination unit as
the input power demand of the
combination unit.
(3) Representations. Signify may not
make representations about the energy
use of the basic models listed in
paragraph (1) of this Order for
compliance, marketing, or other
purposes unless the basic model has
been tested in accordance with the
provisions of paragraph (2) of this Order
and such representations fairly disclose
the results of such testing.
(4) This waiver shall remain in effect
according to the provisions of 10 CFR
431.401.
(5) This waiver is issued on the
condition that the statements,
representations, and documents
provided by Signify are valid. If Signify
makes any modifications to the controls
or configurations of a basic model
referenced in paragraph (1) of this
Order, the waiver will no longer be
valid for that basic model and Signify
will either be required to use the current
Federal test method or submit a new
application for a test procedure waiver.
DOE may rescind or modify this waiver
Jkt 250001
at any time if it determines that the
factual basis underlying the petition for
waiver is incorrect, or the results from
the alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
10 CFR 431.401(k)(1). Likewise, Signify
may request that DOE rescind or modify
the waiver if Signify discovers an error
in the information provided to DOE as
part of its petition, determines that the
waiver is no longer needed, or for other
appropriate reasons. 10 CFR
431.401(k)(2).
(6) Signify remains obligated to fulfill
the certification requirements set forth
at 10 CFR part 429.
Signed in Washington, DC, on January 17,
2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and Renewable
Energy.
[FR Doc. 2020–01848 Filed 1–30–20; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following exempt
wholesale generator filings:
Docket Numbers: EG20–70–000.
Applicants: Pleasants LLC.
Description: Notice of SelfCertification of Exempt Wholesale
Generator Status of Pleasants LLC.
Filed Date: 1/27/20.
Accession Number: 20200127–5122.
Comments Due: 5 p.m. ET 2/18/20.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER15–704–012.
Applicants: Pacific Gas and Electric
Company.
Description: Compliance filing: 1 of 3
Add’l filing City and County of San
Francisco WDT SA and IA (SA 275) to
be effective 7/23/2015.
Filed Date: 1/27/20.
Accession Number: 20200127–5082.
Comments Due: 5 p.m. ET 2/18/20.
Docket Numbers: ER15–704–013.
PO 00000
Frm 00045
Fmt 4703
5655
Sfmt 4703
HZ636G1IC
HZ672G1IC
HZ618G2IC
HZ636G2IC
HZ672G2IC
Applicants: Pacific Gas and Electric
Company.
Description: Compliance filing: 2 of 3
Add’l filing City and County of San
Francisco WDT SA and IA (SA 275) to
be effective 7/23/2015.
Filed Date: 1/27/20.
Accession Number: 20200127–5087.
Comments Due: 5 p.m. ET 2/18/20.
Docket Numbers: ER15–704–014.
Applicants: Pacific Gas and Electric
Company.
Description: Compliance filing: 3 of 3
Add’l filing City and County of San
Francisco WDT SA and IA (SA 275) to
be effective 7/23/2015.
Filed Date: 1/27/20.
Accession Number: 20200127–5091.
Comments Due: 5 p.m. ET 2/18/20.
Docket Numbers: ER18–2118–005;
ER10–1846–013; ER10–1849–019;
ER10–1852–034; ER10–1887–019;
ER10–1951–019; ER10–1952–018;
ER10–1961–018; ER10–2551–014;
ER10–2720–020; ER11–2642–014;
ER11–4428–020; ER11–4462–040;
ER12–1228–020; ER12–1880–019;
ER12–2227–019; ER12–569–020; ER12–
895–018; ER13–2474–014; ER13–712–
021; ER14–2707–015; ER14–2708–016;
ER14–2709–015; ER14–2710–015;
ER15–1925–013; ER15–2676–012;
ER15–30–013; ER15–58–013; ER16–
1440–009; ER16–1672–010; ER16–2190–
009; ER16–2191–009; ER16–2240–009;
ER16–2241–008; ER16–2275–008;
ER16–2276–008; ER16–2297–008;
ER16–2453–010; ER17–2152–006;
ER17–838–015; ER18–1981–004; ER18–
2003–004; ER18–2032–004; ER18–2066–
002; ER18–2067–003; ER18–2182–004;
ER18–882–005.
Applicants: Rush Springs Wind
Energy, LLC; Armadillo Flats Wind
Project, LLC; Baldwin Wind, LLC;
Blackwell Wind, LLC; Brady
Interconnection, LLC; Brady Wind, LLC;
Brady Wind II, LLC; Breckinridge Wind
Project, LLC; Cedar Bluff Wind, LLC;
Chaves County Solar, LLC; Cimarron
Wind Energy, LLC; Cottonwood Wind
Project, LLC; Day County Wind, LLC;
Elk City Wind, LLC; Elk City
Renewables II, LLC; Ensign Wind, LLC;
Florida Power & Light Company; FPL
Energy Cowboy Wind, LLC; FPL Energy
South Dakota Wind, LLC; Gray County
Wind Energy, LLC; High Majestic Wind
Energy Center, LLC; High Majestic Wind
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Pages 5652-5655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01848]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2019-003; EERE-2019-BT-WAV-0007]
Energy Conservation Program: Decision and Order Granting a Waiver
To Signify North America Corporation From the Department of Energy
Illuminated Exit Sign Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2019-003) that grants to Signify North
America Corporation (``Signify'') a waiver from specified portions of
the DOE test procedure for determining the energy consumption of
specified basic models of illuminated exit signs. Signify is required
to test and rate the specified basic models of its illuminated exit
signs in accordance with the alternate test procedure specified in the
Decision and Order.
DATES: The Decision and Order is effective on January 31, 2020. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for illuminated exit signs
located at 10 CFR 431.204 that addresses the issues presented in this
waiver. At such time, Signify must use the relevant test procedure for
this equipment for any testing to demonstrate compliance with the
applicable standards, and any other representations of energy use.
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. Email:
[email protected].
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence
Avenue SW, Washington, DC 20585-0103. Telephone: (202) 287-6111. Email:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set forth below. The Decision and
Order grants Signify a waiver from the applicable test procedure at 10
CFR 431.204 for specified basic models of illuminated exit signs, and
requires that Signify test and rate such equipment using the alternate
test procedure specified in the Decision and Order. Signify's
representations concerning the energy consumption of the specified
basic models must be based on testing according to the provisions and
restrictions in the alternate test procedure set forth in the Decision
and Order, and the representations must fairly disclose the test
results. Distributors, retailers, and private labelers are held to the
same requirements when making representations regarding the energy
[[Page 5653]]
consumption of this equipment. (42 U.S.C. 6293(c))
Consistent with 10 CFR 431.401(j), not later than March 31, 2020,
any manufacturer currently distributing in commerce in the United
States equipment employing a technology or characteristic that results
in the same need for a waiver from the applicable test procedure must
submit a petition for waiver. Manufacturers not currently distributing
such equipment in commerce in the United States must petition for and
be granted a waiver prior to the distribution in commerce of that
equipment in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 431.401.
Signed in Washington, DC, on January 17, 2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Case #2019-003
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
authorizes the U.S. Department of Energy (``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 for certain types of consumer
products. These products include illuminated exit signs, the focus of
this document. (42 U.S.C. 6291(37); 42 U.S.C. 6295(w))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6291), energy conservation standards (42 U.S.C. 6295), test procedures
(42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the
authority to require information and reports from manufacturers (42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
Certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect the energy efficiency, energy use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for illuminated exit signs is contained
in the Code of Federal Regulations (``CFR'') at 10 CFR 431.204,
``Uniform test method for the measurement of energy consumption of
illuminated exit signs.'' \3\
---------------------------------------------------------------------------
\3\ Although illuminated exit signs are covered products
pursuant to EPCA, as a matter of administrative convenience and to
minimize confusion among interested parties, DOE codified
illuminated exit sign provisions in subpart L of 10 CFR part 431
(the portion of DOE's regulations dealing with commercial and
industrial equipment) because typically businesses, rather than
individuals, purchase them. 70 FR 60407, 60409 (Oct. 18, 2005). DOE
refers to illuminated exit signs as either ``products'' or
``equipment.''
---------------------------------------------------------------------------
Under 10 CFR 430.401(a)(1), any interested person may submit a
petition for waiver from DOE's test procedure requirements. DOE will
grant a waiver from the test procedure requirements if DOE determines
either that the basic model for which the waiver was requested contains
a design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 431.401(f)(2).
DOE may grant the waiver subject to conditions, including adherence to
alternate test procedures. Id.
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 431.401(l) As soon thereafter as practicable,
DOE will publish in the Federal Register a final rule. Id.
When DOE amends the test procedure to address the issues presented
in a waiver, the waiver will automatically terminate on the date on
which use of that test procedure is required to demonstrate compliance.
10 CFR 431.401(h)(2).
II. Signify's Petition for Waiver: Assertions and Determinations
On March 5, 2019, Signify filed a petition for waiver from the
illuminated exit sign test procedure set forth at 10 CFR 431.204. On
April 4, 2019, Signify submitted an updated petition, identifying
additional basic models.\4\ In its petition, Signify requested a waiver
for certain ``Chloride by Signify'' and ``Chloride'' branded basic
models of illuminated exit signs, typically known as combination exit
signs (i.e., they include components such as egress/emergency lighting
that require a larger battery than do exit signs that do not have these
components).\5\ Signify contended that the design characteristics of
these basic models prevent testing in accordance with the DOE test
procedure. Noting that DOE's test method measures the input power
required to illuminate the exit signage, Signify stated that the test
procedure does not contemplate basic models that include emergency
egress lighting, and that the design of its basic models that
incorporate emergency lighting does not allow for a separate
measurement of power associated with only the exit signage portion of
the models.
---------------------------------------------------------------------------
\4\ The petition submitted on April 4, 2019 is identical to the
March 5, 2019 petition (including the date) except as to the
identification of additional basic models.
\5\ The eighteen total basic models identified by Signify are as
follows: HZ618RIC, HZ636RIC, HZ672RIC, HZ618R1IC, HZ636R1IC,
HZ672R1IC, HZ618R2IC, HZ636R2IC, HZ672R2IC, HZ618GIC, HZ636GIC,
HZ672GIC, HZ618G1IC, HZ636G1IC, HZ672G1IC, HZ618G2IC, HZ636G2IC, and
HZ672G2IC. However, six of these basic models (HZ618RIC, HZ636RIC,
HZ672RIC, HZ618GIC, HZ636GIC, and HZ672GIC) are ``no-lamp head''
basic models, which are not combination illuminated exit signs
(i.e., they do not have egress lighting) and therefore are not
subject to the waiver.
---------------------------------------------------------------------------
Signify requested that it be permitted to use of the alternate test
method as specified in the DOE Waiver Decision and Order granted to
Acuity Brands Lighting, Inc. (``Acuity'') for certain illuminated exit
sign basic models (Case Number IES-001; hereafter, ``Acuity Waiver
D&O'') 83 FR 11740 (March 16, 2018). Specifically, this alternate
method requires the following procedure: Measure the input power of an
equivalent non-combination illuminated exit sign, per the DOE test
procedure, and assign the measured
[[Page 5654]]
input power to the basic model at issue. Id. 83 FR 11742. An equivalent
non-combination illuminated exit sign is one in which the electricity-
consuming components are identical to all of those of the unit whose
input power demand is being determined, but does not include any
auxiliary features, and contains an electrically connected battery.
Signify stated that the basic models for which the waiver is requested
have equivalent non-combination illuminated exit sign basic models.
On August 26, 2019, DOE published a notice that announced its
receipt of the petition for waiver (``Notice of Petition for Waiver'').
84 FR 44607. In the Notice of Petition for Waiver, based on a review of
product specification sheets, DOE determined that six of the basic
models specified by Signify are not combination illuminated exit signs,
and therefore would not be subject to any waiver, if granted. Id. at 84
FR 44608. DOE determined that the other basic models specified by
Signify are combination illuminated exit signs and provide the dual
function of exit signage and lighting for emergency egress. Id. Based
on DOE's review of combination exit sign circuitry, DOE tentatively
determined that measuring only the input power attributable to
illumination of the exit signage is either not possible, or that doing
so would require destructive disassembly such as cutting of wires and
modifying the circuitry of the combination exit sign, thereby altering
the product being tested. Id.
DOE identified equivalent non-combination illuminated exit sign
basic models for the combination illuminated exit sign basic models
identified in Signify's waiver. DOE also reviewed Signify's suggested
use of the alternate test method set forth in the Acuity Waiver D&O
that involves testing equivalent non-combination illuminated exit
signs. In the Notice of Petition for Waiver, DOE proposed an alternate
test procedure substantively similar to alternate test procedure forth
in the Acuity Waiver D&O. Id. at 84 FR 44609. Additional language was
included to define further ``equivalent non-combination unit'' and to
require explicitly the testing of equivalent units as required by the
applicable DOE test procedure. Id.
In the Notice of Petition for Waiver, DOE solicited comments from
interested parties on all aspects of the petition and the specified
alternate test procedure. Id. DOE received no comments in response to
the Notice of Petition for Waiver.
For the reasons explained here and in the Notice of Petition for
Waiver, absent a waiver the basic models that are combination
illuminated exit signs identified by Signify in its petition cannot be
tested and rated for energy consumption on a basis representative of
their true energy consumption characteristics. DOE has reviewed the
procedure suggested by Signify and concludes that it will allow for the
accurate measurement of the energy use of the basic models, while
alleviating the testing problems associated with Signify's
implementation of DOE's applicable illuminated exit sign test
procedure. Thus, DOE is requiring that Signify test and rate specified
combination illuminated exit sign basic models according to the
alternate test procedure specified in this Decision and Order, which is
identical to the procedure proposed by DOE in the Notice of Petition
for Waiver.\6\
---------------------------------------------------------------------------
\6\ The alternate test procedure established in this Decision
and Order is the same as that in the Decision and Order granted to
Beghelli North America (Case No. 2018-007) for comparable equipment.
84 FR 29186 (June 21, 2019).
---------------------------------------------------------------------------
Using this method, for each combination illuminated exit sign unit
selected, Signify must assign the measured input power demand of a
separate corresponding equivalent non-combination unit. For example, if
DOE regulations require testing of two units, Signify must identify and
measure the input power demand of two equivalent non-combination units,
and assign the measured input power of each unit to each of the two
combination units, respectively. In those instances where only a
single, non-combination unit is available, Signify is required to
measure the input power demand of that single unit and assign the
measured input power to the combination unit. See generally 10 CFR
429.48(a) and 10 CFR 429.11(b)(2).
This Decision and Order applies only to the basic models listed and
does not extend to any other basic models. DOE evaluates and grants
waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
Signify may request that DOE extend the scope of this waiver to include
additional basic models that employ the same technology as those listed
in this waiver. 10 CFR 431.401(g). Signify may also submit another
petition for waiver from the test procedure for additional basic models
that employ a different technology and meet the criteria for test
procedure waivers. 10 CFR 431.401(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics. 10 CFR 430.401(k)(1). Likewise,
Signify may request that DOE rescind or modify the waiver if the
company discovers an error in the information provided to DOE as part
of its petition, determines that the waiver is no longer needed, or for
other appropriate reasons. 10 CFR 431.401(k)(2).
III. Consultations With Other Agencies
In accordance with 10 CFR 430.27(f)(2), DOE consulted with Federal
Trade Commission (``FTC'') staff concerning Signify's petition for
waiver.
IV. Order
After careful consideration of all the material submitted by
Signify, the various public-facing materials (e.g., marketing materials
and product specification sheets) for the units identified in the
petition, in this matter, it is ordered that:
(1) Signify must, as of the date of publication of this Order in
the Federal Register, test and rate the following ``HZ'' series basic
models, under either the Chloride by Signify or Chloride brand, with
the alternate test procedure as set forth in paragraph (2) of the
Order:
------------------------------------------------------------------------
Brand name Basic model No.
------------------------------------------------------------------------
Chloride by Signify or Chloride...................... HZ618R1IC
Chloride by Signify or Chloride...................... HZ636R1IC
Chloride by Signify or Chloride...................... HZ672R1IC
Chloride by Signify or Chloride...................... HZ618R2IC
Chloride by Signify or Chloride...................... HZ636R2IC
Chloride by Signify or Chloride...................... HZ672R2IC
Chloride by Signify or Chloride...................... HZ618G1IC
[[Page 5655]]
Chloride by Signify or Chloride...................... HZ636G1IC
Chloride by Signify or Chloride...................... HZ672G1IC
Chloride by Signify or Chloride...................... HZ618G2IC
Chloride by Signify or Chloride...................... HZ636G2IC
Chloride by Signify or Chloride...................... HZ672G2IC
------------------------------------------------------------------------
(2) The alternate test procedure for the Signify basic models
referenced in paragraph (1) of this Order is the test procedure for
illuminated exit sign prescribed by DOE at 10 CFR part 431, subpart L,
with the exception of the following instructions in place of 10 CFR
431.204(b): Determine the energy efficiency of each combination
illuminated exit sign unit under test (``combination unit'') by
conducting the test procedure, as follows:
(i) Identify a unit of a non-combination illuminated exit sign
(``non-combination unit'') equivalent to the combination unit. A non-
combination unit is equivalent only if it consists entirely of
electricity-consuming components identical to all of those of the
combination unit, but does not include any auxiliary features, and
contains an electrically connected battery. The equivalent non-
combination unit must also have the same manufacturer and number of
faces as the combination unit.
(ii) Test the equivalent non-combination unit using the DOE test
procedure at 10 CFR part 431, subpart L.
(iii) Assign the measured input power demand of the non-combination
unit as the input power demand of the combination unit.
(3) Representations. Signify may not make representations about the
energy use of the basic models listed in paragraph (1) of this Order
for compliance, marketing, or other purposes unless the basic model has
been tested in accordance with the provisions of paragraph (2) of this
Order and such representations fairly disclose the results of such
testing.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 431.401.
(5) This waiver is issued on the condition that the statements,
representations, and documents provided by Signify are valid. If
Signify makes any modifications to the controls or configurations of a
basic model referenced in paragraph (1) of this Order, the waiver will
no longer be valid for that basic model and Signify will either be
required to use the current Federal test method or submit a new
application for a test procedure waiver. DOE may rescind or modify this
waiver at any time if it determines that the factual basis underlying
the petition for waiver is incorrect, or the results from the alternate
test procedure are unrepresentative of the basic models' true energy
consumption characteristics. 10 CFR 431.401(k)(1). Likewise, Signify
may request that DOE rescind or modify the waiver if Signify discovers
an error in the information provided to DOE as part of its petition,
determines that the waiver is no longer needed, or for other
appropriate reasons. 10 CFR 431.401(k)(2).
(6) Signify remains obligated to fulfill the certification
requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on January 17, 2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency Energy
Efficiency and Renewable Energy.
[FR Doc. 2020-01848 Filed 1-30-20; 8:45 am]
BILLING CODE 6450-01-P
