Energy Conservation Program: Test Procedure for Illuminated Exit Signs, 33036-33043 [2020-11213]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Proposed Rules]
[Pages 33036-33043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11213]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2019-BT-TP-0013]
FRIN 1904-AC72


Energy Conservation Program: Test Procedure for Illuminated Exit 
Signs

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

ACTION: Request for information.

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

SUMMARY: The U.S. Department of Energy (DOE) is initiating a data 
collection process through this request for information (RFI) to 
consider whether to amend DOE's test procedure for illuminated exit 
signs. Specifically, DOE seeks data and information pertinent to 
whether amended test procedures would more accurately or fully comply 
with the requirement that the test procedure produces results measure 
energy use during a representative average use cycle or period of use 
for the product without being unduly burdensome to conduct, or reduce 
testing burden. DOE welcomes written comments from the public on any 
subject within the scope of this document (including topics not raised 
in this RFI), as well as the submission of data and other relevant 
information.

DATES: Written comments and information are requested and will be 
accepted on or before July 16, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2019-BT-
TP-0013, by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: [email protected]. Include docket number 
EERE-2019-BT-TP-0013 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 this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at https://www.regulations.gov. All documents 
in the docket are listed in the https://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 https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=13. The docket 
web page contains instructions on how to access

[[Page 33037]]

all documents, including public comments, in the docket. See section 
III for information on how to submit comments through https://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. Email: 
[email protected].
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: 202-287-6111. Email: 
[email protected].
    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:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information and Comments
    A. Scope and Definitions
    B. Test Procedure
    1. Standby Mode and Off Mode
    2. References to ENERGY STAR
    3. Input Voltage for Testing
    4. Conditioning Period
    5. Alternate Test Procedure for Combination Illuminated Exit 
Signs
    C. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    Illuminated exit signs are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
efficiency standards and test procedures. (42 U.S.C. 6295(w) and 42 
U.S.C. 6293(b)(9)) DOE's test procedure for illuminated exit signs is 
prescribed at title 10 of the Code of Federal Regulations (CFR) part 
431, subpart L. The following sections discuss DOE's authority to 
establish and amend the test procedure for illuminated exit signs, as 
well as relevant background information regarding DOE's consideration 
of test procedures for this product.

A. Authority and Background

    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 products include illuminated exit 
signs, the subject of this RFI. (42 U.S.C. 6293(b)(9); 42 U.S.C. 
6295(w)) \3\
---------------------------------------------------------------------------

    \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\ 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 into subpart L of 10 CFR part 431 
(containing DOE regulations that apply to 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.''
---------------------------------------------------------------------------

    The energy conservation program under EPCA 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).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (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. 6297(d))
    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 certain other representations about the efficiency of 
those consumer products (42 U.S.C. 6293(c)). Similarly, DOE must use 
these test procedures to determine whether the products comply 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 must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which 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))
    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))
    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 into the overall energy efficiency, energy 
consumption, or other energy descriptor, taking into consideration the 
most current versions of Standards 62301 and 62087 of the International 
Electrotechnical Commission (IEC), unless the current test procedure 
already incorporates standby mode and off mode energy consumption or 
such integration is technically infeasible. (42 U.S.C. 6295(gg)(2)(A)) 
If an integrated test procedure is technically infeasible, DOE must 
prescribe separate standby mode and off mode energy use test procedures 
for the covered product, if a separate test is technically feasible. 
Id.
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including illuminated 
exit signs, to determine whether amended test procedures would more 
accurately or fully comply with the requirements for the test 
procedures to 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 and not to 
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(1)(A)) If the 
Secretary determines, on his own behalf or in 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. (42 U.S.C. 6293(b)(2)) The comment period on a 
proposed rule to

[[Page 33038]]

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. Id. If DOE determines that test procedure revisions 
are not appropriate, DOE must publish its determination not to amend 
the test procedures. DOE is publishing this RFI to collect data and 
information to inform its decision pursuant to EPCA's 7-year review 
requirement. (42 U.S.C. 6293(b)(1)(A))

B. Rulemaking History

    The Energy Policy Act of 2005 (EPACT 2005) amended EPCA to provide 
a test procedure for illuminated exit signs, requiring that the 
procedure ``be based on the test method used under version 2.0 of the 
ENERGY STAR \4\ program of the Environmental Protection Agency for 
illuminated exit signs.'' (42 U.S.C. 6293(b)(9)) In 2006, DOE published 
a final rule adopting a test procedure for illuminated exit signs at 10 
CFR 431.204. 71 FR 71340, 71372-71373 (Dec. 8, 2006). Certification, 
compliance and enforcement (CCE) requirements for illuminated exit 
signs, including sample size, sampling plan, compliance, calculations 
and reporting, are found at 10 CFR 429.48 and 10 CFR 429.11.
---------------------------------------------------------------------------

    \4\ ENERGY STAR is a U.S. Environmental Protection Agency (EPA) 
voluntary program that allows manufacturers to label products as 
ENERGY STAR qualified if they meet certain performance requirements 
for energy efficiency.
---------------------------------------------------------------------------

    On August 6, 2013, DOE published final guidance \5\ clarifying that 
energy conservation standards apply to illuminated exit signs with 
auxiliary functions such as integrated egress lighting and/or audible 
alarms (sometimes referred to as combination exit signs).\6\ DOE stated 
that the addition of auxiliary features or hardware in a combination 
exit sign does not transform an illuminated exit sign into non-covered 
equipment or otherwise exempt it from regulatory requirements, although 
the added features or hardware are not subject to the relevant energy 
conservation standard. In the August 2013 guidance, DOE noted that 
using the current DOE procedure used to test combination illuminated 
exit sign models may result in measured values that are not 
representative of solely the illuminated exit sign component's input 
power demand due to the typically larger battery required to 
accommodate operation of the auxiliary features. DOE's current test 
procedure does not provide a methodology for excluding the power 
consumed in charging the battery to operate auxiliary features from the 
power consumed to illuminate the exit sign faces. As such, DOE stated 
that manufacturers may seek a waiver from the DOE test procedure to 
test and certify combination illuminated exit sign models if 
manufacturers do not believe the result of the DOE test procedure is 
representative of an illuminated exit sign's input power demand.
---------------------------------------------------------------------------

    \5\ The August 6, 2013 guidance is available at: https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/exitsigns_faq_2013-8-6_final.pdf (``August 2013 guidance'').
    \6\ As described in section II.A of this RFI, ``combination exit 
signs'' require larger capacity batteries than illuminated exit 
signs without features such as egress lighting and/or audible 
alarms.
---------------------------------------------------------------------------

    DOE granted a waiver to Acuity Brands Lighting (Acuity), published 
on March 16, 2018, requiring Acuity to use an alternate test procedure 
to test and rate the combination illuminated exit sign basic models for 
which it requested a waiver. 83 FR 11740 (``March 2018 Acuity 
waiver''). DOE granted a waiver to Beghelli North America (Beghelli) 
published on June 21, 2019, for certain combination exit sign models 
similar to those basic models identified by Acuity in its waiver 
petition. 84 FR 29186 (``June 2019 Beghelli waiver''). DOE granted a 
waiver to Signify North America Corporation (Signify) published on 
January 31, 2020 for certain combination exit sign models, also similar 
to those identified by Acuity and Beghelli. 85 FR 5652 (``January 2020 
Signify waiver''). Under applicable regulations, after issuing a 
waiver, DOE must update the relevant test procedure to establish how to 
test those basic models granted a waiver. 10 CFR 431.401(l). Therefore, 
DOE is considering an alternate test procedure for combination 
illuminated exit signs.

II. Request for Information and Comments

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of technical and 
economic analyses used to determine whether an amended test procedure 
for illuminated exit signs would more accurately or fully comply with 
the requirements in EPCA that test procedures: (1) Be reasonably 
designed to produce test results which reflect energy use during a 
representative average use cycle or period of use; and (2) not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)). DOE also requests 
comment on any opportunities to streamline and simplify testing 
requirements for illuminated exit signs.
    Additionally, DOE welcomes comment on other issues relevant to the 
conduct of this process. In particular, DOE notes that under Executive 
Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' 
Executive Branch agencies such as DOE are directed to manage the costs 
associated with the imposition of expenditures required to comply with 
Federal regulations. 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 
illuminated exit signs, consistent with the requirements of EPCA.

A. Scope and Definitions

    This notice concerns illuminated exit signs; an illuminated exit 
sign is defined as a sign that is designed to be permanently fixed in 
place to identify an exit and consists of an electrically powered 
integral light source that both illuminates the legend ``EXIT'' and any 
directional indicators, and provides contrast between the legend, any 
directional indicators, and the background. (42 U.S.C. 6291(37)); see 
also 10 CFR 431.202. DOE's current energy conservation standards for 
illuminated exit signs limit input power demand to 5 W or less per 
face. 10 CFR 431.206. For example, a single face illuminated exit sign 
(e.g., mounted flush to a wall with only one side illuminated) must 
have an input power demand of 5 W or less, and a two face illuminated 
exit sign (e.g., mounted perpendicular to a wall, or ceiling mounted 
with two sides illuminated) must have an input power demand of 10 W or 
less.
    As noted above, the August 2013 guidance clarified that energy 
conservation standards for illuminated exit signs apply to illuminated 
exit signs with integrated egress lighting or other auxiliary features 
(i.e., ``combination exit signs''). The guidance stated that a product 
meeting the statutory and regulatory definition of ``illuminated exit 
sign'' is subject to the applicable DOE regulations, regardless of 
whether that product also provides additional features. As explained in 
the August 2013 guidance; however, DOE interprets the input demand 
standard as a limit only on the energy use of components that 
illuminate the face(s), not on the energy use of other components 
beyond the definition of illuminated exit sign (e.g., egress lighting, 
alarms).
    DOE is considering whether a definition for ``combination 
illuminated

[[Page 33039]]

exit sign'' is needed, in conjunction with test procedure provisions 
specific to combination illuminated exit signs (see section II.B.5 of 
this RFI). DOE is considering defining combination illuminated exit 
signs as illuminated exit signs that include or are packaged with (1) 
at least one auxiliary feature (i.e., an electrically connected 
component or device with a function that does not support the 
illumination of the face(s) of an exit sign, such as egress lighting 
and audible alarms) and (2) a battery electrically connected to the 
illumination source for the face. Combination illuminated exit signs 
have auxiliary features (e.g., egress lighting and/or audible alarms) 
that require larger capacity batteries than do illuminated exit signs 
without such features.
    DOE is also considering revising or adding supporting definitions. 
For example, the existing definition of ``face'' is an illuminated side 
of an illuminated exit sign. DOE is considering aligning the definition 
of ``face'' with the definition of ``illuminated exit sign'' by 
specifying that each face must include the legend ``EXIT'' (read from 
left to right), and any directional indicators, if present. To 
illustrate the need for further clarity in the definition of ``face,'' 
DOE notes three configurations of edge-lighted illuminated exit signs 
\7\ of which the Department is aware: (1) One side is illuminated and 
reads ``EXIT'' from left to right and the other side is not 
illuminated; (2) one side is illuminated and reads ``EXIT'' left to 
right and the other side is illuminated and displays a reversed, 
illegible version of the same text; and (3) both sides are illuminated 
and both sides read ``EXIT'' from left to right. DOE considers 
configurations (1) and (2) to have a single face because the legend 
``EXIT'' can be read correctly (i.e., from left to right) only when 
viewed from one side of the sign. DOE considers configuration (3) to 
have two faces because the legend can be read correctly from either 
side of the sign. The considered definition, above, would clarify that 
each view of the legend ``EXIT'' that can be read correctly constitutes 
one face. Based on this definition, it would be clear that 
configuration (3) has two faces, while configurations (1) and (2) each 
have one face.
---------------------------------------------------------------------------

    \7\ Edge-lighted illuminated exit signs employ an enclosed light 
source that directs light output through a light transmitting plate.
---------------------------------------------------------------------------

    Some illuminated exit signs can be configured by the user to have 
different numbers of faces (e.g., an illuminated exit sign can be 
configured with one or two face(s)). The energy conservation standard 
for illuminated exit signs is a maximum input power demand per face. 10 
CFR 431.206. To provide additional direction for calculating input 
power demand per face, DOE is considering defining ``face count'' as 
the lowest number of faces with which an exit sign can be configured 
with all electric light sources connected and energized. For example, 
if an illuminated exit sign can be configured with either one or two 
faces, while having all electric light sources connected and energized, 
then the number of faces would be one under the definition DOE is 
considering.
    Issue 1: DOE requests comment on whether it should adopt 
definitions for any of the following terms: ``combination illuminated 
exit sign,'' ``face,'' and ``face count.'' DOE also requests comment on 
the definitions it is considering for these terms. Additionally, DOE 
requests comment on whether DOE should adopt any definitions in 
addition to those specified here, and the appropriate content of any 
such definitions.

B. Test Procedure

1. Standby Mode and Off Mode
    EPCA requires energy conservation standards adopted for any covered 
product after July 1, 2010, to address standby mode and off mode energy 
use. (42 U.S.C. 6295(gg)(3)). EPCA defines ``active mode'' as the 
condition in which an energy-using product is connected to a main power 
source, has been activated, and provides one or more main functions. 
(42 U.S.C. 6295)(gg)(1)(A)(i)). ``Standby mode'' is the condition in 
which an energy-using product is connected to a main power source and 
offers one or more of the following user-oriented or protective 
functions: Facilitating the activation or deactivation of other 
functions (including active mode) by remote switch (including remote 
control), internal sensor, or timer; or providing continuous functions, 
including information or status displays (including clocks), or sensor-
based functions. (42 U.S.C. 6295)(gg)(1)(A)(iii)). ``Off mode'' is the 
condition in which an energy-using product is connected to a main power 
source and is not providing any standby mode or active mode function. 
(42 U.S.C. 6295)(gg)(1)(A)(ii)).
    Building safety codes generally require that exit signs be 
continuously illuminated.\8\ Additionally, a preliminary review of the 
market indicates that illuminated exit signs may not operate in either 
standby mode or off mode, either through remote switching technology or 
continuous user-oriented or protection functions.
---------------------------------------------------------------------------

    \8\ An example is the National Fire Protection Agency (NFPA) 
101, which is the most widely used source for fire safety codes 
across the U.S. (See section 7.10.5.2.1 of NFPA 101: LIFE SAFETY 
CODE[supreg], 2015, available at: www.nfpa.org/101).
---------------------------------------------------------------------------

    Issue 2: DOE requests comment on whether any illuminated exit sign 
models on the market or being developed for the market operate in 
standby mode and/or in off mode. If so, DOE requests information on the 
standby mode power consumption and/or off mode power consumption, as 
compared to the active mode power consumption of such models.
2. References to ENERGY STAR
    DOE's current test procedure for illuminated exit signs 
incorporates by reference EPA's ``ENERGY STAR Program Requirements for 
Exit Signs,'' Version 2.0 (hereafter ``ENERGY STAR V2.0''), and 
requires determining the energy consumption of an illuminated exit sign 
by conducting the test procedure set forth in ENERGY STAR V2.0 section 
4 (Test Criteria), ``Conditions for testing'' and ``Input power 
measurement.'' 10 CFR 431.204. The ENERGY STAR exit sign program was 
suspended in 2008 after EPACT 2005 established energy conservation 
standards for this equipment at the same input power demand limit as 
the ENERGY STAR specification. DOE is considering removing the 
incorporation by reference to ENERGY STAR V2.0 and providing 
specifications and requirements for testing illuminated exit signs 
directly in 10 CFR 431.204.
    Issue 3: DOE requests comment on removing the reference to ENERGY 
STAR V2.0 and providing specifications and requirements for testing 
illuminated exit signs directly in 10 CFR 431.204.
3. Input Voltage for Testing
    The current test procedure specifies that an illuminated exit sign 
under test be operated at the rated input voltage which represents 
normal operation pursuant to section 4 of ENERGY STAR V2.0. Some 
illuminated exit signs are rated for multiple voltages, including the 
following combinations of voltages: 120/277 V, 120/347 V, 277/347 V, or 
120/277/347 V. To ensure that the test procedure provides results that 
are representative of an average period of use while not being unduly 
burdensome to conduct, as required by EPCA, DOE is considering 
specifying the input voltage at which to test any unit that is rated 
for multiple voltages. This

[[Page 33040]]

approach is also intended to improve the clarity of the test procedure.
    Specifically, DOE is considering requiring that illuminated exit 
signs rated at multiple voltages be tested at 277 V if rated to operate 
at that voltage and, if not, at 120 V if rated to operate at that 
voltage. DOE notes that commercial buildings most commonly provide 277 
V for illuminated exit signs; therefore, DOE is considering requiring 
testing at 277 V, if possible. If an illuminated exit sign is not rated 
to operate at either 277 V or 120 V, DOE is considering requiring 
testing at the highest rated input voltage specified by the 
manufacturer. Finally, if no rated input voltage is provided for the 
illuminated exit sign, DOE is considering requiring testing it at 277 
V. Table II.1 summarizes the input voltages DOE is considering for 
specific scenarios.

                  Table II.1--Input Voltage for Testing
                          [Under consideration]
------------------------------------------------------------------------
          Rated input voltage               Input voltage for testing
------------------------------------------------------------------------
120/277 V..............................  277 V.
120/347 V..............................  120 V.
277/347 V..............................  277 V.
120/277/347 V..........................  277 V.
Neither 120 V nor 277 V................  The highest rated input voltage
                                          specified.
No rated input voltage.................  277 V.
------------------------------------------------------------------------

    Issue 4: DOE requests comment on whether, for each scenario of 
multiple rated input voltages in Table II.1, the test input voltage 
being considered by DOE will provide results representative of an 
average period of use. For illuminated exit signs that are rated to 
operate at multiple input voltages, DOE requests information on how 
such equipment is currently tested. DOE requests information on whether 
there are currently models of illuminated exit signs on the market, or 
in development for, the market for which the manufacturer does not 
provide an input rated voltage and, if there is such equipment, which 
input voltage is used for testing.
4. Conditioning Period
    To ensure that test units are sufficiently stable for taking 
accurate and reproducible measurements, they must be operated for a 
period of time, i.e. conditioned, prior to taking measurements. The DOE 
test procedure, per section 4 of ENERGY STAR V2.0, specifies that prior 
to input power measurements, an exit sign model shall be operated at 
the rated input voltage for a period of 100 hours. For those units with 
an internal battery, the DOE test procedure requires that a unit under 
test be operated using the battery for an additional one-and-one-half 
hours (i.e., 90 minutes),\9\ and then recharged for the period 
specified by the sign manufacturer prior to input power measurements. 
On the other hand, the National Electrical Manufacturers Association's 
(NEMA) standard EM 1-2010, ``Exit Sign Visibility Testing Requirements 
for Safety and Energy Efficiency'' (hereafter ``NEMA EM 1-2010'') 
states that the sign shall be energized for at least 100 hours before 
testing procedures begin, and immediately prior to testing the exit 
sign shall be energized for a manufacturer-specified time, but no less 
than 20 minutes. NEMA EM 1-2010 does not provide any additional steps 
for exit signs with internal batteries (e.g., operating the internal 
battery for 90 minutes or recharging the internal battery prior to 
testing). Although NEMA EM 1-2010 has been rescinded, DOE considers it 
reflective of industry practice because it was developed based on a 
consensus among manufacturers. As such, it may not be necessary to 
require any illuminated exit sign with an internal battery to operate 
on battery power for at least 90 minutes and then recharge the battery 
in accordance with manufacturer specifications after the 100 hours of 
operation and prior to measuring input power demand. DOE is considering 
eliminating this requirement.
---------------------------------------------------------------------------

    \9\ As ENERGY STAR V2.0 states, one-and-one-half hours is the 
minimum period of emergency operation specified in NFPA's ``Life 
Safety Code (Section 4).''
---------------------------------------------------------------------------

    DOE is considering proposing that if, after the 100-hour 
conditioning period, a sample unit is disconnected from the main power 
source, the unit must be stabilized prior to taking power measurements. 
Specifically, this would require operating the equipment until it is 
energized, which DOE has tentatively determined would be at least 20 
minutes. This aligns with direction provided in NEMA EM 1-2010 that the 
exit sign be energized immediately prior to testing for a time period 
specified by the manufacturer, but no less than 20 minutes. It is also 
consistent with results reported from testing conducted by the Lighting 
Research Center (LRC), a leading center for research and education in 
lighting. To evaluate the power characteristics of illuminated exit 
signs (both with and without an internal battery) the LRC took the 
following steps: (1) Conditioned them for a minimum of 100 hours and 
(2) operated for at least 20 minutes immediately before taking 
measurements.\10\
---------------------------------------------------------------------------

    \10\ Lighting Research Center, Specifier Reports: Exit Signs, 
Vol. 2 No. 2 (January 1994) National Lighting Product Information 
Program, Rensselaer Polytechnic Institute (Available at: 
www.lrc.rpi.edu/programs/NLPIP/PDF/VIEW/SRExit.pdf) (Last accessed 
April 15, 2019).
---------------------------------------------------------------------------

    Issue 5: DOE requests comment and information on whether the 100-
hour conditioning requirement alone sufficiently charges an illuminated 
exit sign's internal battery and whether units with an internal battery 
require a 90-minute charging period and recharging prior to testing. 
DOE also requests comment on whether a minimum stabilization period of 
20 minutes is appropriate if the illuminated exit sign (with or without 
an internal battery) is disconnected from the main power source after 
conditioning.
5. Alternate Test Procedure for Combination Illuminated Exit Signs
    As discussed in section II.A, a combination exit sign has auxiliary 
features (e.g., egress lighting and/or audible alarms) that require a 
larger capacity battery than an illuminated exit sign without such 
features. When alternating current (AC) power fails, the larger 
capacity battery operates not only the faces, but also the auxiliary 
features of the illuminated exit sign. When a combination illuminated 
exit sign runs on AC power (i.e. power delivered to buildings from the 
electric grid), it may draw additional power to maintain a full battery 
charge, as compared to a sign with a smaller capacity battery and no 
auxiliary features. Further, the combination illuminated exit sign may

[[Page 33041]]

require a higher-capacity rechargeable battery system, which requires a 
higher maintenance charge,\11\ to operate the faces and the auxiliary 
features.
---------------------------------------------------------------------------

    \11\ A maintenance charge is the power required to maintain the 
battery in a fully charged condition so that when it is called into 
service, it will be able to deliver its full charge capacity.
---------------------------------------------------------------------------

    Hence, the input power demand of combination illuminated exit signs 
is influenced by the larger battery used for operation. DOE defines 
input power demand as the amount of power required to continuously 
illuminate an exit sign model. 10 CFR 431.202 (emphasis added). As 
explained in the August 2013 guidance, because auxiliary features such 
as egress lighting and/or audible alarms do not support the 
illumination of the faces of the exit sign, measurement of the input 
power demand consumed by these models may result in measured values 
that are not representative solely of the energy consumption of the 
exit sign's illuminated components.
    DOE is considering an alternate test procedure for combination 
illuminated exit signs. For illuminated exit signs in which the face(s) 
remain illuminated when the battery is disconnected, and all auxiliary 
features can be disconnected in a manner that permits reinstallation 
using only the original parts as assembled by the manufacturer, testing 
could be conducted with the battery and all auxiliary features 
disconnected, and the input power demand measured in accordance with 
the current test procedure for illuminated exit signs. This method 
would require that the battery can be disconnected while allowing the 
illumination of the faces. This is only possible when the battery is 
connected in parallel rather than in series with the exit sign 
circuitry. Additionally, both the battery and any auxiliary features 
must be removable via a reversible process that requires no additional 
materials (such as tape, glue, or solder) for reinstallation; 
otherwise, the test unit would be altered so that it would no longer be 
the same product. This method would allow for a direct measurement of 
the input power demand required only for the illumination of all faces 
of the unit that is being tested.
    Some units, however, do not permit such reversible removal of 
supplemental components there exists a unit that is equivalent except 
that it is not combination illuminated exit sign. The March 2018 Acuity 
waiver, the June 2019 Beghelli waiver, and the January 2020 Signify 
waiver addressed such cases with substantively similar alternate test 
procedures. 83 FR 11740 (Mar. 16, 2018); 84 FR 29186 (June 21, 2019); 
85 FR 5652 (Jan. 31, 2020). For these cases, DOE is considering an 
alternate test procedure similar to those established in the March 2018 
Acuity waiver, June 2019 Beghelli waiver, and January 2020 Signify 
waiver.
    Specifically, this alternate test procedure would require the 
manufacturer to identify a unit of a non-combination illuminated exit 
sign (``non-combination unit'') equivalent to the combination unit. A 
non-combination unit would be 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 would also need to have the same number of faces as 
the combination unit and be produced by the same manufacturer. The 
manufacturer would test the equivalent non-combination unit using the 
DOE test procedure and assign the measured input power demand of the 
non-combination unit as the input power demand of the combination unit.
    DOE is also considering specifying that, for each combination 
illuminated exit sign unit selected, the manufacturer would assign the 
measured input power demand of a separate corresponding equivalent non-
combination unit. For example, if DOE regulations require testing of 
two units, the manufacturer would be required to 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, the manufacturer would be 
required to measure the input power demand of that single unit and 
assign the measured input power to the combination unit.
    Some basic models of combination illuminated exit signs use only 
light-emitting diode (LED) light sources to illuminate all face(s), and 
do not have an equivalent non-combination models. The March 2018 Acuity 
waiver addressed such cases. DOE is considering the same approach for 
these models, as established in the March 2018 Acuity wavier. 
Specifically, DOE is considering that an input power demand be assigned 
according to the following formula:

input power demand = 5 x number of faces \12\
---------------------------------------------------------------------------

    \12\ Because LED technology requires minimal power, this method 
reflects the determination that the power required to illuminate all 
faces of the basic model being tested would be no more than 5 W per 
face, and therefore would comply with existing energy conservation 
standards for illuminated exit signs.

    This method would require determining the number of faces for each 
basic model. As discussed in section II.A, DOE is considering defining 
face count as the lowest number of faces (no fewer than one) with which 
an illuminated exit sign basic model can be configured by an end user 
when all electric light sources are connected and energized.
    In the case where neither of the above-mentioned alternate test 
procedures under consideration can be applied, DOE is considering 
specifying that for such combination illuminated exit signs the current 
test procedure for illuminated exit signs remains in effect.
    Issue 6: DOE requests comment on the test methods described above 
for combination illuminated exit signs.

C. 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 
illuminated exit signs. DOE recently issued an RFI to seek more 
information on whether its test procedures are reasonably designed, as 
required by EPCA, to produce results that measure the energy use or 
efficiency of a product during a representative average use cycle or 
period of use. 84 FR 9721 (Mar. 18, 2019). DOE seeks comment on this 
issue as it pertains to the test procedure for illuminated exit signs. 
DOE also seeks information that would improve the repeatability and 
reproducibility of the test procedure and limit manufacturer test 
burden.
    DOE seeks comment on whether there have been changes in product 
testing methodology or new products on the market since the last test 
procedure update that may create the need to make amendments to the 
test procedure for illuminated exit signs. With respect to non-
combination illuminated exit signs, DOE seeks data and information that 
could enable the agency to propose that the current test procedure 
produces results that are representative of an average use cycle for 
the product and is not unduly burdensome to conduct, and therefore does 
not need amendment. DOE also seeks information on whether an existing 
private-sector developed test procedure would produce such results and 
should be adopted by DOE rather than DOE establishing its own test 
procedure, either entirely or by adopting only certain provisions of 
one or more private-sector developed tests.

[[Page 33042]]

    Additionally, DOE requests comment on whether the existing test 
procedure limits a manufacturer's ability to provide additional 
features to consumers on illuminated exit signs. DOE particularly seeks 
information on how the test procedure could be amended to reduce the 
cost of new or additional features and make it more likely that such 
features are included on illuminated exit signs while still meeting the 
requirements of EPCA.
    DOE also requests comment on any potential amendments to the 
existing test procedures that would address impacts on manufacturers, 
including small businesses.
    Finally, DOE recently published an RFI on the emerging smart 
technology appliance and equipment market. 83 FR 46886 (Sept. 17, 
2018). In that RFI, DOE sought information to better understand market 
trends and issues in the emerging market for appliances and commercial 
equipment that incorporate smart technology. DOE's intent in issuing 
the RFI was to ensure that DOE did not inadvertently impede such 
innovation in fulfilling its statutory obligations in setting 
efficiency standards for covered products and equipment. DOE seeks 
comments, data and information on the issues presented in the RFI as 
they may be applicable to illuminated exit signs.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by July 16, 
2020, comments and information on matters addressed in this notice and 
on other matters relevant to DOE's consideration of amended test 
procedures for illuminated exit signs. These comments and information 
will aid in the development of a test procedure notice of proposed 
rulemaking for illuminated exit signs if DOE determines that amended 
test procedures may be appropriate for these products.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. 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 https://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 https://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 https://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 https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://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 each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, 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/courier 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.
    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 this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

Signing Authority

    This document of the Department of Energy was signed on April 30, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, pursuant to delegated authority from the Secretary 
of Energy. That document with the original

[[Page 33043]]

signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on May 20, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-11213 Filed 5-29-20; 8:45 am]
 BILLING CODE 6450-01-P